Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1382
       
       
       
       
       
       
                                Barcode 541346                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/13/2013           .                                
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       The Committee on Ethics and Elections (Clemens) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (16) of section 106.011, Florida
    6  Statutes, is amended to read:
    7         106.011 Definitions.—As used in this chapter, the following
    8  terms have the following meanings unless the context clearly
    9  indicates otherwise:
   10         (16) “Candidate” means any person to whom any one or more
   11  of the following apply:
   12         (a) Any person who seeks to qualify for nomination or
   13  election by means of the petitioning process.
   14         (b) Any person who seeks to qualify for election as a
   15  write-in candidate.
   16         (c) Any person who receives contributions or makes
   17  expenditures, or consents for any other person to receive
   18  contributions or make expenditures, with a view to bring about
   19  his or her nomination or election to, or retention in, public
   20  office.
   21         (d) Any person who appoints a treasurer and designates a
   22  primary depository.
   23         (e) Any person who files qualification papers and
   24  subscribes to a candidate’s oath as required by law.
   25  
   26  However, this definition does not include any candidate for a
   27  political party executive committee. Expenditures related to
   28  potential candidate polls as provided in s. 106.17 are not
   29  contributions or expenditures for purposes of this subsection.
   30         Section 2. Paragraph (a) of subsection (1) of section
   31  106.021, Florida Statutes, is amended to read:
   32         106.021 Campaign treasurers; deputies; primary and
   33  secondary depositories.—
   34         (1)(a) Each candidate for nomination or election to office
   35  and each political committee shall appoint a campaign treasurer.
   36  Each person who seeks to qualify for nomination or election to,
   37  or retention in, office shall appoint a campaign treasurer and
   38  designate a primary campaign depository before prior to
   39  qualifying for office. Any person who seeks to qualify for
   40  election or nomination to any office by means of the petitioning
   41  process shall appoint a treasurer and designate a primary
   42  depository on or before the date he or she obtains the
   43  petitions. Each candidate shall At the same time a candidate he
   44  or she designates a campaign depository and appoints a
   45  treasurer, the candidate shall also designate the office for
   46  which he or she is a candidate. If the candidate is running for
   47  an office that which will be grouped on the ballot with two or
   48  more similar offices to be filled at the same election, the
   49  candidate must indicate for which group or district office he or
   50  she is running. Nothing in This subsection does not shall
   51  prohibit a candidate, at a later date, from changing the
   52  designation of the office for which he or she is a candidate.
   53  However, if a candidate changes the designated office for which
   54  he or she is a candidate, the candidate must notify all
   55  contributors in writing of the intent to seek a different office
   56  and offer to return pro rata, upon their request, those
   57  contributions given in support of the original office sought.
   58  This notification shall be given within 15 days after the filing
   59  of the change of designation and shall include a standard form
   60  developed by the Division of Elections for requesting the return
   61  of contributions. The notice requirement does shall not apply to
   62  any change in a numerical designation resulting solely from
   63  redistricting. If, within 30 days after being notified by the
   64  candidate of the intent to seek a different office, the
   65  contributor notifies the candidate in writing that the
   66  contributor wishes his or her contribution to be returned, the
   67  candidate shall return the contribution, on a pro rata basis,
   68  calculated as of the date the change of designation is filed. Up
   69  to a maximum of the contribution limits specified in s. 106.08,
   70  a candidate who runs for an office other than the office
   71  originally designated may use any contribution that a donor does
   72  not request Any contributions not requested to be returned
   73  within the 30-day period for the newly designated office,
   74  provided the candidate disposes of any amount exceeding the
   75  contribution limit pursuant to the options in s. 106.11(5)(b)
   76  and (c) or s. 106.141(4)(a)1., s. 106.141(4)(a)2., or s.
   77  106.141(4)(a)4.; notwithstanding, the full amount of the
   78  contribution for the original office shall count toward the
   79  contribution limits specified in s. 106.08 for the newly
   80  designated office may be used by the candidate for the newly
   81  designated office. A No person may not shall accept any
   82  contribution or make any expenditure with a view to bringing
   83  about his or her nomination, election, or retention in public
   84  office, or authorize another to accept such contributions or
   85  make such expenditure on the person’s behalf, unless such person
   86  has appointed a campaign treasurer and designated a primary
   87  campaign depository. A candidate for an office voted upon
   88  statewide may appoint not more than 15 deputy campaign
   89  treasurers, and any other candidate or political committee may
   90  appoint not more than 3 deputy campaign treasurers. The names
   91  and addresses of the campaign treasurer and deputy campaign
   92  treasurers so appointed shall be filed with the officer before
   93  whom such candidate is required to qualify or with whom such
   94  political committee is required to register pursuant to s.
   95  106.03.
   96         Section 3. Subsection (2) of section 106.03, Florida
   97  Statutes, is amended to read:
   98         106.03 Registration of political committees and
   99  electioneering communications organizations.—
  100         (2) The statement of organization shall include:
  101         (a) The name, mailing address, and street address of the
  102  committee or electioneering communications organization;
  103         (b) The names, street addresses, and relationships of
  104  affiliated or connected organizations, including any affiliated
  105  sponsors;
  106         (c) The area, scope, or jurisdiction of the committee or
  107  electioneering communications organization;
  108         (d) The name, mailing address, street address, and position
  109  of the custodian of books and accounts;
  110         (e) The name, mailing address, street address, and position
  111  of other principal officers, including the treasurer and deputy
  112  treasurer, if any;
  113         (f) The name, address, office sought, and party affiliation
  114  of:
  115         1. Each candidate whom the committee is supporting;
  116         2. Any other individual, if any, whom the committee is
  117  supporting for nomination for election, or election, to any
  118  public office whatever;
  119         (g) Any issue or issues the committee is supporting or
  120  opposing;
  121         (h) If the committee is supporting the entire ticket of any
  122  party, a statement to that effect and the name of the party;
  123         (i) A statement of whether the committee is a continuing
  124  one;
  125         (j) Plans for the disposition of residual funds which will
  126  be made in the event of dissolution;
  127         (k) A listing of all banks, safe-deposit boxes, or other
  128  depositories used for committee or electioneering communications
  129  organization funds;
  130         (l) A statement of the reports required to be filed by the
  131  committee or the electioneering communications organization with
  132  federal officials, if any, and the names, addresses, and
  133  positions of such officials; and
  134         (m) A statement of whether the electioneering
  135  communications organization was formed as a newly created
  136  organization during the current calendar quarter or was formed
  137  from an organization existing prior to the current calendar
  138  quarter. For purposes of this subsection, calendar quarters end
  139  the last day of March, June, September, and December.
  140         Section 4. Section 106.07, Florida Statutes, is reenacted
  141  and amended to read:
  142         106.07 Reports; certification and filing.—
  143         (1) Each campaign treasurer designated by a candidate or
  144  political committee pursuant to s. 106.021 shall file regular
  145  reports of all contributions received, and all expenditures
  146  made, by or on behalf of such candidate or political committee.
  147  Except as provided in paragraphs (a) and (b) for the third
  148  calendar quarter immediately preceding a general election,
  149  reports shall be filed on the 10th day following the end of each
  150  calendar month quarter from the time the campaign treasurer is
  151  appointed, except that, if the 10th day following the end of a
  152  calendar month quarter occurs on a Saturday, Sunday, or legal
  153  holiday, the report shall be filed on the next following day
  154  that which is not a Saturday, Sunday, or legal holiday. Monthly
  155  Quarterly reports shall include all contributions received and
  156  expenditures made during the calendar month quarter which have
  157  not otherwise been reported pursuant to this section.
  158         (a) The following reports must be filed if the candidate,
  159  political committee, or committee of continuous existence is
  160  required to file reports with the division:
  161         1. On the 60th day immediately preceding the primary
  162  election, and each week thereafter, with the last weekly report
  163  being filed on the 11th day immediately preceding the general
  164  election.
  165         2. On the 10th day immediately preceding the general
  166  election, and each day thereafter, with the last daily report
  167  being filed the 4th day before the general election Except as
  168  provided in paragraph (b), the reports shall also be filed on
  169  the 32nd, 18th, and 4th days immediately preceding the primary
  170  and on the 46th, 32nd, 18th, and 4th days immediately preceding
  171  the election, for a candidate who is opposed in seeking
  172  nomination or election to any office, for a political committee,
  173  or for a committee of continuous existence.
  174         (b) If the candidate, political committee, or committee of
  175  continuous existence is required to file reports with a filing
  176  officer other than the division, reports must be filed on the
  177  60th day immediately preceding the primary election, and each
  178  week thereafter, with the last weekly report being filed on the
  179  4th day immediately preceding the general election Any statewide
  180  candidate who has requested to receive contributions pursuant to
  181  the Florida Election Campaign Financing Act or any statewide
  182  candidate in a race with a candidate who has requested to
  183  receive contributions pursuant to the act shall also file
  184  reports on the 4th, 11th, 18th, 25th, and 32nd days prior to the
  185  primary election, and on the 4th, 11th, 18th, 25th, 32nd, 39th,
  186  46th, and 53rd days prior to the general election.
  187         (c) Following the last day of qualifying for office, any
  188  unopposed candidate need only file a report within 90 days after
  189  the date such candidate became unopposed. Such report shall
  190  contain all previously unreported contributions and expenditures
  191  as required by this section and shall reflect disposition of
  192  funds as required by s. 106.141.
  193         (d)1. When a special election is called to fill a vacancy
  194  in office, all political committees making contributions or
  195  expenditures to influence the results of such special election
  196  or the preceding special primary election shall file campaign
  197  treasurers’ reports with the filing officer on the dates set by
  198  the Department of State pursuant to s. 100.111.
  199         2. When an election is called for an issue to appear on the
  200  ballot at a time when no candidates are scheduled to appear on
  201  the ballot, all political committees making contributions or
  202  expenditures in support of or in opposition to such issue shall
  203  file reports on the 18th and 4th days before prior to such
  204  election.
  205         (e) The filing officer shall provide each candidate with a
  206  schedule designating the beginning and end of reporting periods
  207  as well as the corresponding designated due dates.
  208         (2)(a)1. All reports required of a candidate by this
  209  section shall be filed with the officer before whom the
  210  candidate is required by law to qualify. All candidates who file
  211  with the Department of State shall file their reports pursuant
  212  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  213  be filed not later than 5 p.m. of the day designated; however,
  214  any report postmarked by the United States Postal Service no
  215  later than midnight of the day designated is shall be deemed to
  216  have been filed in a timely manner. Any report received by the
  217  filing officer within 5 days after the designated due date that
  218  was delivered by the United States Postal Service is shall be
  219  deemed timely filed unless it has a postmark that indicates that
  220  the report was mailed after the designated due date. A
  221  certificate of mailing obtained from and dated by the United
  222  States Postal Service at the time of mailing, or a receipt from
  223  an established courier company, which bears a date on or before
  224  the date on which the report is due, suffices as shall be proof
  225  of mailing in a timely manner. Reports must shall contain
  226  information on of all previously unreported contributions
  227  received and expenditures made as of the preceding Friday,
  228  except that the report filed on the Friday immediately preceding
  229  the election must shall contain information on of all previously
  230  unreported contributions received and expenditures made as of
  231  the day preceding that designated due date. All such reports are
  232  shall be open to public inspection.
  233         2. This subsection does not prohibit the governing body of
  234  a political subdivision, by ordinance or resolution, from
  235  imposing upon its own officers and candidates electronic filing
  236  requirements not in conflict with s. 106.0705. Expenditure of
  237  public funds for such purpose is deemed to be for a valid public
  238  purpose.
  239         (b)1. Any report that is deemed to be incomplete by the
  240  officer with whom the candidate qualifies must shall be accepted
  241  on a conditional basis. The campaign treasurer shall be notified
  242  by certified mail or by another method using a common carrier
  243  that provides a proof of delivery of the notice as to why the
  244  report is incomplete and within 7 days after receipt of such
  245  notice must file an addendum to the report providing all
  246  information necessary to complete the report in compliance with
  247  this section. Failure to file a complete report after such
  248  notice constitutes a violation of this chapter.
  249         2. Notice is deemed complete upon proof of delivery of a
  250  written notice to the mailing or street address of the campaign
  251  treasurer or registered agent of record with the filing officer.
  252         (3) Reports required of a political committee shall be
  253  filed with the agency or officer before whom such committee
  254  registers pursuant to s. 106.03(3) and shall be subject to the
  255  same filing conditions as established for candidates’ reports.
  256  Incomplete reports by political committees shall be treated in
  257  the manner provided for incomplete reports by candidates in
  258  subsection (2).
  259         (4)(a) Except as provided in paragraph (b), each report
  260  required by this section must contain:
  261         1. The full name, address, and occupation, if any of each
  262  person who has made one or more contributions to or for such
  263  committee or candidate within the reporting period, together
  264  with the amount and date of such contributions. For
  265  corporations, the report must provide as clear a description as
  266  practicable of the principal type of business conducted by the
  267  corporation. However, if the contribution is $100 or less or is
  268  from a relative, as defined in s. 112.312, provided that the
  269  relationship is reported, the occupation of the contributor or
  270  the principal type of business need not be listed.
  271         2. The name and address of each political committee from
  272  which the reporting committee or the candidate received, or to
  273  which the reporting committee or candidate made, any transfer of
  274  funds, together with the amounts and dates of all transfers.
  275         3. Each loan for campaign purposes to or from any person or
  276  political committee within the reporting period, together with
  277  the full names, addresses, and occupations, and principal places
  278  of business, if any, of the lender and endorsers, if any, and
  279  the date and amount of such loans.
  280         4. A statement of each contribution, rebate, refund, or
  281  other receipt not otherwise listed under subparagraphs 1.
  282  through 3.
  283         5. The total sums of all loans, in-kind contributions, and
  284  other receipts by or for such committee or candidate during the
  285  reporting period. The reporting forms shall be designed to
  286  elicit separate totals for in-kind contributions, loans, and
  287  other receipts.
  288         6. The full name and address of each person to whom
  289  expenditures have been made by or on behalf of the committee or
  290  candidate within the reporting period; the amount, date, and
  291  purpose of each such expenditure; and the name and address of,
  292  and office sought by, each candidate on whose behalf such
  293  expenditure was made. However, expenditures made from the petty
  294  cash fund provided by s. 106.12 need not be reported
  295  individually.
  296         7. The full name and address of each person to whom an
  297  expenditure for personal services, salary, or reimbursement for
  298  authorized expenses as provided in s. 106.021(3) has been made
  299  and which is not otherwise reported, including the amount, date,
  300  and purpose of such expenditure. However, expenditures made from
  301  the petty cash fund provided for in s. 106.12 need not be
  302  reported individually. Receipts for reimbursement for authorized
  303  expenditures shall be retained by the treasurer along with the
  304  records for the campaign account.
  305         8. The total amount withdrawn and the total amount spent
  306  for petty cash purposes pursuant to this chapter during the
  307  reporting period.
  308         9. The total sum of expenditures made by such committee or
  309  candidate during the reporting period.
  310         10. The amount and nature of debts and obligations owed by
  311  or to the committee or candidate, which relate to the conduct of
  312  any political campaign.
  313         11. Transaction information for each credit card purchase.
  314  Receipts for each credit card purchase shall be retained by the
  315  treasurer with the records for the campaign account.
  316         12. The amount and nature of any separate interest-bearing
  317  accounts or certificates of deposit and identification of the
  318  financial institution in which such accounts or certificates of
  319  deposit are located.
  320         13. The primary purposes of an expenditure made indirectly
  321  through a campaign treasurer pursuant to s. 106.021(3) for goods
  322  and services such as communications media placement or
  323  procurement services, campaign signs, insurance, and other
  324  expenditures that include multiple components as part of the
  325  expenditure. The primary purpose of an expenditure shall be that
  326  purpose, including integral and directly related components,
  327  that comprises 80 percent of such expenditure.
  328         (b) Multiple uniform contributions from the same person,
  329  aggregating no more than $250 per calendar year, collected by an
  330  organization that is the affiliated sponsor of a political
  331  committee, may be reported by the political committee in an
  332  aggregate amount listing the number of contributors together
  333  with the amount contributed by each and the total amount
  334  contributed during the reporting period. The identity of each
  335  person making such uniform contribution must be reported to the
  336  filing officer as provided in subparagraph (a)1. by July 1 of
  337  each calendar year, or, in a general election year, no later
  338  than the 60th day immediately preceding the primary election.
  339         (c)(b) The filing officer shall make available to any
  340  candidate or committee a reporting form which the candidate or
  341  committee may use to indicate contributions received by the
  342  candidate or committee but returned to the contributor before
  343  deposit.
  344         (5) The candidate and his or her campaign treasurer, in the
  345  case of a candidate, or the political committee chair and
  346  campaign treasurer of the committee, in the case of a political
  347  committee, shall certify as to the correctness of each report;
  348  and each person so certifying shall bear the responsibility for
  349  the accuracy and veracity of each report. Any campaign
  350  treasurer, candidate, or political committee chair who willfully
  351  certifies the correctness of any report while knowing that such
  352  report is incorrect, false, or incomplete commits a misdemeanor
  353  of the first degree, punishable as provided in s. 775.082 or s.
  354  775.083.
  355         (6) The records maintained by the campaign depository with
  356  respect to any campaign account regulated by this chapter are
  357  subject to inspection by an agent of the Division of Elections
  358  or the Florida Elections Commission at any time during normal
  359  banking hours, and such depository shall furnish certified
  360  copies of any of such records to the Division of Elections or
  361  Florida Elections Commission upon request.
  362         (7) Notwithstanding any other provisions of this chapter,
  363  in any reporting period during which a candidate, political
  364  committee, or committee of continuous existence has not received
  365  funds, made any contributions, or expended any reportable funds,
  366  the filing of the required report for that period is waived.
  367  However, the next report filed must specify that the report
  368  covers the entire period between the last submitted report and
  369  the report being filed, and any candidate , political committee,
  370  or committee of continuous existence not reporting by virtue of
  371  this subsection on dates prescribed elsewhere in this chapter
  372  shall notify the filing officer in writing on the prescribed
  373  reporting date that no report is being filed on that date.
  374         (8)(a) Any candidate or political committee failing to file
  375  a report on the designated due date is subject to a fine as
  376  provided in paragraph (b) for each late day, and, in the case of
  377  a candidate, such fine shall be paid only from personal funds of
  378  the candidate. The fine shall be assessed by the filing officer
  379  and the moneys collected shall be deposited:
  380         1. In the General Revenue Fund, in the case of a candidate
  381  for state office or a political committee that registers with
  382  the Division of Elections; or
  383         2. In the general revenue fund of the political
  384  subdivision, in the case of a candidate for an office of a
  385  political subdivision or a political committee that registers
  386  with an officer of a political subdivision.
  387  
  388  No separate fine shall be assessed for failure to file a copy of
  389  any report required by this section.
  390         (b) Upon determining that a report is late, the filing
  391  officer shall immediately notify the candidate or chair of the
  392  political committee as to the failure to file a report by the
  393  designated due date and that a fine is being assessed for each
  394  late day. The fine is shall be $50 per day for the first 3 days
  395  late and, thereafter, $500 per day for each late day, not to
  396  exceed 25 percent of the total receipts or expenditures,
  397  whichever is greater, for the period covered by the late report.
  398  However, for the reports immediately preceding each special
  399  primary election, special election, primary election, and
  400  general election, the fine is shall be $500 per day for each
  401  late day, not to exceed 25 percent of the total receipts or
  402  expenditures, whichever is greater, for the period covered by
  403  the late report. For reports required under s. 106.141(8)
  404  106.141(7), the fine is $50 per day for each late day, not to
  405  exceed 25 percent of the total receipts or expenditures,
  406  whichever is greater, for the period covered by the late report.
  407  Upon receipt of the report, the filing officer shall determine
  408  the amount of the fine which is due and shall notify the
  409  candidate or chair or registered agent of the political
  410  committee. The filing officer shall determine the amount of the
  411  fine due based upon the earliest of the following:
  412         1. When the report is actually received by such officer.
  413         2. When the report is postmarked.
  414         3. When the certificate of mailing is dated.
  415         4. When the receipt from an established courier company is
  416  dated.
  417         5. When the electronic receipt issued pursuant to s.
  418  106.0705 or other electronic filing system authorized in this
  419  section is dated.
  420  
  421  Such fine shall be paid to the filing officer within 20 days
  422  after receipt of the notice of payment due, unless appeal is
  423  made to the Florida Elections Commission pursuant to paragraph
  424  (c). Notice is deemed complete upon proof of delivery of written
  425  notice to the mailing or street address on record with the
  426  filing officer. In the case of a candidate, such fine is shall
  427  not be an allowable campaign expenditure and shall be paid only
  428  from personal funds of the candidate. An officer or member of a
  429  political committee is shall not be personally liable for such
  430  fine.
  431         (c) Any candidate or chair of a political committee may
  432  appeal or dispute the fine, based upon, but not limited to,
  433  unusual circumstances surrounding the failure to file on the
  434  designated due date, and may request and shall be entitled to a
  435  hearing before the Florida Elections Commission, which shall
  436  have the authority to waive the fine in whole or in part. The
  437  Florida Elections Commission must consider the mitigating and
  438  aggravating circumstances contained in s. 106.265(2) when
  439  determining the amount of a fine, if any, to be waived. Any such
  440  request shall be made within 20 days after receipt of the notice
  441  of payment due. In such case, the candidate or chair of the
  442  political committee shall, within the 20-day period, notify the
  443  filing officer in writing of his or her intention to bring the
  444  matter before the commission.
  445         (d) The appropriate filing officer shall notify the Florida
  446  Elections Commission of the repeated late filing by a candidate
  447  or political committee, the failure of a candidate or political
  448  committee to file a report after notice, or the failure to pay
  449  the fine imposed. The commission shall investigate only those
  450  alleged late filing violations specifically identified by the
  451  filing officer and as set forth in the notification. Any other
  452  alleged violations must be separately stated and reported by the
  453  division to the commission under s. 106.25(2).
  454         (9) The Department of State may prescribe by rule the
  455  requirements for filing campaign treasurers’ reports as set
  456  forth in this chapter.
  457         Section 5. Section 106.0703, Florida Statutes, is reenacted
  458  and amended to read:
  459         106.0703 Electioneering communications organizations;
  460  reporting requirements; certification and filing; penalties.—
  461         (1)(a) Each electioneering communications organization
  462  shall file regular reports of all contributions received and all
  463  expenditures made by or on behalf of the organization. Except as
  464  provided in paragraphs (b) and (c), reports must shall be filed
  465  on the 10th day following the end of each calendar month quarter
  466  from the time the organization is registered. However, if the
  467  10th day following the end of a calendar month quarter occurs on
  468  a Saturday, Sunday, or legal holiday, the report must shall be
  469  filed on the next following day that is not a Saturday, Sunday,
  470  or legal holiday. Monthly Quarterly reports must shall include
  471  all contributions received and expenditures made during the
  472  calendar month quarter that have not otherwise been reported
  473  pursuant to this section.
  474         (b) For an electioneering communications organization
  475  required to file reports with the division, reports must be
  476  filed:
  477         1. On the 60th day immediately preceding the primary
  478  election, and each week thereafter, with the last weekly report
  479  being filed on the 11th day immediately preceding the general
  480  election.
  481         2. On the 10th day immediately preceding the general
  482  election, and every day thereafter, with the last daily report
  483  being filed the day before the general election Following the
  484  last day of candidates qualifying for office, the reports shall
  485  be filed on the 32nd, 18th, and 4th days immediately preceding
  486  the primary election and on the 46th, 32nd, 18th, and 4th days
  487  immediately preceding the general election.
  488         (c) For an electioneering communications organization
  489  required to file reports with a filing officer other than the
  490  division, reports must be filed on the 60th day immediately
  491  preceding the primary election, and each week thereafter, with
  492  the last weekly report being filed on the 4th day immediately
  493  preceding the general election.
  494         (d)(c) When a special election is called to fill a vacancy
  495  in office, all electioneering communications organizations
  496  making contributions or expenditures to influence the results of
  497  the special election shall file reports with the filing officer
  498  on the dates set by the Department of State pursuant to s.
  499  100.111.
  500         (e)(d) In addition to the reports required by paragraph
  501  (a), an electioneering communications organization that is
  502  registered with the Department of State and that makes a
  503  contribution or expenditure to influence the results of a county
  504  or municipal election that is not being held at the same time as
  505  a state or federal election must file reports with the county or
  506  municipal filing officer on the same dates as county or
  507  municipal candidates or committees for that election. The
  508  electioneering communications organization must also include the
  509  expenditure in the next report filed with the Division of
  510  Elections pursuant to this section following the county or
  511  municipal election.
  512         (f)(e) The filing officer shall make available to each
  513  electioneering communications organization a schedule
  514  designating the beginning and end of reporting periods as well
  515  as the corresponding designated due dates.
  516         (2)(a) Except as provided in s. 106.0705, the reports
  517  required of an electioneering communications organization shall
  518  be filed with the filing officer not later than 5 p.m. of the
  519  day designated. However, any report postmarked by the United
  520  States Postal Service no later than midnight of the day
  521  designated shall be deemed to have been filed in a timely
  522  manner. Any report received by the filing officer within 5 days
  523  after the designated due date that was delivered by the United
  524  States Postal Service shall be deemed timely filed unless it has
  525  a postmark that indicates that the report was mailed after the
  526  designated due date. A certificate of mailing obtained from and
  527  dated by the United States Postal Service at the time of
  528  mailing, or a receipt from an established courier company, which
  529  bears a date on or before the date on which the report is due,
  530  shall be proof of mailing in a timely manner. Reports shall
  531  contain information of all previously unreported contributions
  532  received and expenditures made as of the preceding Friday,
  533  except that the report filed on the Friday immediately preceding
  534  the election shall contain information of all previously
  535  unreported contributions received and expenditures made as of
  536  the day preceding the designated due date. All such reports
  537  shall be open to public inspection.
  538         (b)1. Any report that is deemed to be incomplete by the
  539  officer with whom the electioneering communications organization
  540  files shall be accepted on a conditional basis. The treasurer of
  541  the electioneering communications organization shall be
  542  notified, by certified mail or other common carrier that can
  543  establish proof of delivery for the notice, as to why the report
  544  is incomplete. Within 7 days after receipt of such notice, the
  545  treasurer must file an addendum to the report providing all
  546  information necessary to complete the report in compliance with
  547  this section. Failure to file a complete report after such
  548  notice constitutes a violation of this chapter.
  549         2. Notice is deemed sufficient upon proof of delivery of
  550  written notice to the mailing or street address of the treasurer
  551  or registered agent of the electioneering communication
  552  organization on record with the filing officer.
  553         (3)(a) Each report required by this section must contain:
  554         1. The full name, address, and occupation, if any, of each
  555  person who has made one or more contributions to or for such
  556  electioneering communications organization within the reporting
  557  period, together with the amount and date of such contributions.
  558  For corporations, the report must provide as clear a description
  559  as practicable of the principal type of business conducted by
  560  the corporation. However, if the contribution is $100 or less,
  561  the occupation of the contributor or the principal type of
  562  business need not be listed.
  563         2. The name and address of each political committee from
  564  which or to which the reporting electioneering communications
  565  organization made any transfer of funds, together with the
  566  amounts and dates of all transfers.
  567         3. Each loan for electioneering communication purposes to
  568  or from any person or political committee within the reporting
  569  period, together with the full names, addresses, and occupations
  570  and principal places of business, if any, of the lender and
  571  endorsers, if any, and the date and amount of such loans.
  572         4. A statement of each contribution, rebate, refund, or
  573  other receipt not otherwise listed under subparagraphs 1.-3.
  574         5. The total sums of all loans, in-kind contributions, and
  575  other receipts by or for such electioneering communications
  576  organization during the reporting period. The reporting forms
  577  shall be designed to elicit separate totals for in-kind
  578  contributions, loans, and other receipts.
  579         6. The full name and address of each person to whom
  580  expenditures have been made by or on behalf of the
  581  electioneering communications organization within the reporting
  582  period and the amount, date, and purpose of each expenditure.
  583         7. The full name and address of each person to whom an
  584  expenditure for personal services, salary, or reimbursement for
  585  expenses has been made and that is not otherwise reported,
  586  including the amount, date, and purpose of the expenditure.
  587         8. The total sum of expenditures made by the electioneering
  588  communications organization during the reporting period.
  589         9. The amount and nature of debts and obligations owed by
  590  or to the electioneering communications organization that relate
  591  to the conduct of any electioneering communication.
  592         10. Transaction information for each credit card purchase.
  593  Receipts for each credit card purchase shall be retained by the
  594  electioneering communications organization.
  595         11. The amount and nature of any separate interest-bearing
  596  accounts or certificates of deposit and identification of the
  597  financial institution in which such accounts or certificates of
  598  deposit are located.
  599         12. The primary purposes of an expenditure made indirectly
  600  through an electioneering communications organization for goods
  601  and services, such as communications media placement or
  602  procurement services and other expenditures that include
  603  multiple components as part of the expenditure. The primary
  604  purpose of an expenditure shall be that purpose, including
  605  integral and directly related components, that comprises 80
  606  percent of such expenditure.
  607         (b) The filing officer shall make available to any
  608  electioneering communications organization a reporting form
  609  which the electioneering communications organization may use to
  610  indicate contributions received by the electioneering
  611  communications organization but returned to the contributor
  612  before deposit.
  613         (4) The treasurer of the electioneering communications
  614  organization shall certify as to the correctness of each report,
  615  and each person so certifying shall bear the responsibility for
  616  the accuracy and veracity of each report. Any treasurer who
  617  willfully certifies the correctness of any report while knowing
  618  that such report is incorrect, false, or incomplete commits a
  619  misdemeanor of the first degree, punishable as provided in s.
  620  775.082 or s. 775.083.
  621         (5) The electioneering communications organization
  622  depository shall provide statements reflecting deposits and
  623  expenditures from the account to the treasurer, who shall retain
  624  the records pursuant to s. 106.06. The records maintained by the
  625  depository with respect to the account shall be subject to
  626  inspection by an agent of the Division of Elections or the
  627  Florida Elections Commission at any time during normal banking
  628  hours, and such depository shall furnish certified copies of any
  629  such records to the Division of Elections or the Florida
  630  Elections Commission upon request.
  631         (6) Notwithstanding any other provisions of this chapter,
  632  in any reporting period during which an electioneering
  633  communications organization has not received funds, made any
  634  contributions, or expended any reportable funds, the treasurer
  635  shall file a written report with the filing officer by the
  636  prescribed reporting date that no reportable contributions or
  637  expenditures were made during the reporting period.
  638         (7)(a) Any electioneering communications organization
  639  failing to file a report on the designated due date shall be
  640  subject to a fine as provided in paragraph (b) for each late
  641  day. The fine shall be assessed by the filing officer, and the
  642  moneys collected shall be deposited:
  643         1. In the General Revenue Fund, in the case of an
  644  electioneering communications organization that registers with
  645  the Division of Elections; or
  646         2. In the general revenue fund of the political
  647  subdivision, in the case of an electioneering communications
  648  organization that registers with an officer of a political
  649  subdivision.
  650  
  651  No separate fine shall be assessed for failure to file a copy of
  652  any report required by this section.
  653         (b) Upon determining that a report is late, the filing
  654  officer shall immediately notify the electioneering
  655  communications organization as to the failure to file a report
  656  by the designated due date and that a fine is being assessed for
  657  each late day. The fine shall be $50 per day for the first 3
  658  days late and, thereafter, $500 per day for each late day, not
  659  to exceed 25 percent of the total receipts or expenditures,
  660  whichever is greater, for the period covered by the late report.
  661  However, for the reports immediately preceding each primary and
  662  general election, the fine shall be $500 per day for each late
  663  day, not to exceed 25 percent of the total receipts or
  664  expenditures, whichever is greater, for the period covered by
  665  the late report. Upon receipt of the report, the filing officer
  666  shall determine the amount of the fine which is due and shall
  667  notify the electioneering communications organization. The
  668  filing officer shall determine the amount of the fine due based
  669  upon the earliest of the following:
  670         1. When the report is actually received by such officer.
  671         2. When the report is postmarked.
  672         3. When the certificate of mailing is dated.
  673         4. When the receipt from an established courier company is
  674  dated.
  675         5. When the electronic receipt issued pursuant to s.
  676  106.0705 or other electronic filing system authorized in this
  677  section is dated.
  678  
  679  Such fine shall be paid to the filing officer within 20 days
  680  after receipt of the notice of payment due, unless appeal is
  681  made to the Florida Elections Commission pursuant to paragraph
  682  (c). Notice is deemed sufficient upon proof of delivery of
  683  written notice to the mailing or street address on record with
  684  the filing officer. An officer or member of an electioneering
  685  communications organization shall not be personally liable for
  686  such fine.
  687         (c) The treasurer of an electioneering communications
  688  organization may appeal or dispute the fine, based upon, but not
  689  limited to, unusual circumstances surrounding the failure to
  690  file on the designated due date, and may request and shall be
  691  entitled to a hearing before the Florida Elections Commission,
  692  which shall have the authority to waive the fine in whole or in
  693  part. The Florida Elections Commission must consider the
  694  mitigating and aggravating circumstances contained in s.
  695  106.265(2) when determining the amount of a fine, if any, to be
  696  waived. Any such request shall be made within 20 days after
  697  receipt of the notice of payment due. In such case, the
  698  treasurer of the electioneering communications organization
  699  shall, within the 20-day period, notify the filing officer in
  700  writing of his or her intention to bring the matter before the
  701  commission.
  702         (d) The appropriate filing officer shall notify the Florida
  703  Elections Commission of the repeated late filing by an
  704  electioneering communications organization, the failure of an
  705  electioneering communications organization to file a report
  706  after notice, or the failure to pay the fine imposed. The
  707  commission shall investigate only those alleged late filing
  708  violations specifically identified by the filing officer and as
  709  set forth in the notification. Any other alleged violations must
  710  be stated separately and reported by the division to the
  711  commission under s. 106.25(2).
  712         (8) Electioneering communications organizations shall not
  713  use credit cards.
  714         Section 6. Section 106.08, Florida Statutes, is amended to
  715  read:
  716         106.08 Contributions; limitations on.—
  717         (1)(a) Except for political parties or affiliated party
  718  committees, no person, political committee, or committee of
  719  continuous existence may, in any election, make contributions in
  720  excess of the following amounts: in excess of $500 to any
  721  candidate for election to or retention in office or to any
  722  political committee supporting or opposing one or more
  723  candidates.
  724         1. To a candidate for statewide office or for retention as
  725  a justice of the Supreme Court, $3,000. Candidates for the
  726  offices of Governor and Lieutenant Governor on the same ticket
  727  are considered a single candidate for the purpose of this
  728  subparagraph section.
  729         2. To a candidate for retention as a judge of a district
  730  court of appeal, $2,000.
  731         3. To a candidate for legislative or multicounty office; a
  732  candidate for countywide office or in any election conducted on
  733  less than a countywide basis; or a candidate for county court
  734  judge or circuit judge, $500.
  735         (b)1. The contribution limits provided in this subsection
  736  do not apply to contributions made by a state or county
  737  executive committee of a political party or affiliated party
  738  committee regulated by chapter 103 or to amounts contributed by
  739  a candidate to his or her own campaign.
  740         2. Notwithstanding the limits provided in this subsection,
  741  an unemancipated child under the age of 18 years of age may not
  742  make a contribution in excess of $100 to any candidate or to any
  743  political committee supporting one or more candidates.
  744         (c) The contribution limits of this subsection apply to
  745  each election. For purposes of this subsection, the primary
  746  election and general election are separate elections so long as
  747  the candidate is not an unopposed candidate as defined in s.
  748  106.011 106.011(15). However, for the purpose of contribution
  749  limits with respect to candidates for retention as a justice or
  750  judge, there is only one election, which is the general
  751  election.
  752         (2)(a) A candidate may not accept contributions from a
  753  county executive committee of a political party whose
  754  contributions in the aggregate exceed $50,000, or from the
  755  national, or state, or county executive committees of a
  756  political party, including any subordinate committee of such
  757  political party or affiliated party committees, whose which
  758  contributions in the aggregate exceed $50,000.
  759         (b) A candidate for statewide office may not accept
  760  contributions from national, state, or county executive
  761  committees of a political party, including any subordinate
  762  committee of the political party, or affiliated party
  763  committees, which contributions in the aggregate exceed
  764  $250,000. Polling services, research services, costs for
  765  campaign staff, professional consulting services, and telephone
  766  calls are not contributions to be counted toward the
  767  contribution limits of paragraph (a) or this paragraph. Any item
  768  not expressly identified in this paragraph as nonallocable is a
  769  contribution in an amount equal to the fair market value of the
  770  item and must be counted as allocable toward the contribution
  771  limits of paragraph (a) or this paragraph. Nonallocable, in-kind
  772  contributions must be reported by the candidate under s. 106.07
  773  and by the political party or affiliated party committee under
  774  s. 106.29.
  775         (3)(a) Any contribution received by a candidate with
  776  opposition in an election or by the campaign treasurer or a
  777  deputy campaign treasurer of such a candidate on the day of that
  778  election or less than 5 days before prior to the day of that
  779  election must be returned by him or her to the person or
  780  committee contributing it and may not be used or expended by or
  781  on behalf of the candidate.
  782         (b) Any contribution received by a candidate or by the
  783  campaign treasurer or a deputy campaign treasurer of a candidate
  784  after the date at which the candidate withdraws his or her
  785  candidacy, or after the date the candidate is defeated, becomes
  786  unopposed, or is elected to office must be returned to the
  787  person or committee contributing it and may not be used or
  788  expended by or on behalf of the candidate.
  789         (4) Any contribution received by the chair, campaign
  790  treasurer, or deputy campaign treasurer of a political committee
  791  supporting or opposing a candidate with opposition in an
  792  election or supporting or opposing an issue on the ballot in an
  793  election on the day of that election or less than 5 days before
  794  prior to the day of that election may not be obligated or
  795  expended by the committee until after the date of the election.
  796         Section 7. Section 106.141, Florida Statutes, is amended to
  797  read:
  798         106.141 Disposition of surplus funds by candidates.—
  799         (1) Except as provided in subsection (6), each candidate
  800  who withdraws his or her candidacy, becomes an unopposed
  801  candidate, or is eliminated as a candidate or elected to office
  802  shall, within 90 days, dispose of the funds on deposit in his or
  803  her campaign account and file a report reflecting the
  804  disposition of all remaining funds. Such candidate may shall not
  805  accept any contributions, nor may shall any person accept
  806  contributions on behalf of such candidate, after the candidate
  807  withdraws his or her candidacy, becomes unopposed, or is
  808  eliminated or elected. However, if a candidate receives a refund
  809  check after all surplus funds have been disposed of, the check
  810  may be endorsed by the candidate and the refund disposed of
  811  under this section. An amended report must be filed showing the
  812  refund and subsequent disposition.
  813         (2) Any candidate required to dispose of funds pursuant to
  814  this section may, before prior to such disposition, be
  815  reimbursed by the campaign, in full or in part, for any reported
  816  contributions by the candidate to the campaign.
  817         (3) The campaign treasurer of a candidate who withdraws his
  818  or her candidacy, becomes unopposed, or is eliminated as a
  819  candidate or elected to office and who has funds on deposit in a
  820  separate interest-bearing account or certificate of deposit
  821  shall, within 7 days after the date of becoming unopposed or the
  822  date of such withdrawal, elimination, or election, transfer such
  823  funds and the accumulated interest earned thereon to the
  824  campaign account of the candidate for disposal under this
  825  section. However, if the funds are in an account in which
  826  penalties will apply for withdrawal within the 7-day period, the
  827  campaign treasurer shall transfer such funds and the accumulated
  828  interest earned thereon as soon as the funds can be withdrawn
  829  without penalty, or within 90 days after the candidate becomes
  830  unopposed, withdraws his or her candidacy, or is eliminated or
  831  elected, whichever comes first.
  832         (4)(a) Except as provided in paragraph (b), any candidate
  833  required to dispose of funds pursuant to this section shall, at
  834  the option of the candidate, dispose of such funds by any of the
  835  following means, or any combination thereof:
  836         1. Return pro rata to each contributor the funds that have
  837  not been spent or obligated.
  838         2. Donate the funds that have not been spent or obligated
  839  to a charitable organization or organizations that meet the
  840  qualifications of s. 501(c)(3) of the Internal Revenue Code.
  841         3. Give not more than $25,000 of the funds that have not
  842  been spent or obligated to the affiliated party committee or
  843  political party of which such candidate is a member.
  844         4. Give the funds that have not been spent or obligated:
  845         a. In the case of a candidate for state office, to the
  846  state, to be deposited in either the Election Campaign Financing
  847  Trust Fund or the General Revenue Fund, as designated by the
  848  candidate; or
  849         b. In the case of a candidate for an office of a political
  850  subdivision, to such political subdivision, to be deposited in
  851  the general fund thereof.
  852         (b) Any candidate required to dispose of funds pursuant to
  853  this section who has received contributions pursuant to the
  854  Florida Election Campaign Financing Act shall, after all
  855  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
  856  been met, return all surplus campaign funds to the General
  857  Revenue Fund.
  858         (5) A candidate elected to office or a candidate who will
  859  be elected to office by virtue of his or her being unopposed
  860  may, in addition to the disposition methods provided in
  861  subsection (4), transfer from the campaign account to an office
  862  account any amount of the funds on deposit in such campaign
  863  account up to:
  864         (a) Fifty Twenty thousand dollars, for a candidate for
  865  statewide office. The Governor and Lieutenant Governor shall be
  866  considered separate candidates for the purpose of this section.
  867         (b) Ten Five thousand dollars, for a candidate for
  868  multicounty office.
  869         (c) Ten Five thousand dollars multiplied by the number of
  870  years in the term of office for which elected, for a candidate
  871  for legislative office.
  872         (d) Five thousand Two thousand five hundred dollars
  873  multiplied by the number of years in the term of office for
  874  which elected, for a candidate for county office or for a
  875  candidate in any election conducted on less than a countywide
  876  basis.
  877         (e) Six thousand dollars, for a candidate for retention as
  878  a justice of the Supreme Court.
  879         (f) Three thousand dollars, for a candidate for retention
  880  as a judge of a district court of appeal.
  881         (g) Three thousand One thousand five hundred dollars, for a
  882  candidate for county court judge or circuit judge.
  883  
  884  The office account established pursuant to this subsection shall
  885  be separate from any personal or other account. Any funds so
  886  transferred by a candidate shall be used only for legitimate
  887  expenses in connection with the candidate’s public office. Such
  888  expenses may include travel expenses incurred by the officer or
  889  a staff member;, personal taxes payable on office account funds
  890  by the candidate or elected public official; professional
  891  services provided by a certified public accountant for
  892  preparation of the elected public official’s financial
  893  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
  894  to prepare, print, produce, and mail holiday cards or
  895  newsletters about the elected public official’s public business
  896  to constituents, if such correspondence does not constitute a
  897  political advertisement, independent expenditure, or
  898  electioneering communication as provided in s. 106.011; fees or
  899  dues to religious, civic, or charitable organizations of which
  900  the elected public official is a member; items of modest value
  901  such as flowers, greeting cards, or personal notes given as a
  902  substitute for, or in association with, an elected public
  903  official’s personal attendance at a constituent’s special event
  904  or family occasion, such as the birth of a child, graduation,
  905  wedding, or funeral; personal expenses incurred by the elected
  906  public official in connection with attending a constituent
  907  meeting or event where public policy is discussed, if such
  908  meetings or events are limited to no more than once a week;, or
  909  expenses incurred in the operation of the elected public
  910  official’s his or her office, including the employment of
  911  additional staff. The funds may be deposited in a savings
  912  account; however, all deposits, withdrawals, and interest earned
  913  thereon shall be reported at the appropriate reporting period.
  914  If a candidate is reelected to office or elected to another
  915  office and has funds remaining in his or her office account, he
  916  or she may transfer surplus campaign funds to the office
  917  account. At no time may the funds in the office account exceed
  918  the limitation imposed by this subsection. Upon leaving public
  919  office, any person who has funds in an office account pursuant
  920  to this subsection remaining on deposit shall give such funds to
  921  a charitable organization that meets or organizations which meet
  922  the requirements of s. 501(c)(3) of the Internal Revenue Code
  923  or, in the case of a state officer, to the state to be deposited
  924  in the General Revenue Fund or, in the case of an officer of a
  925  political subdivision, to the political subdivision to be
  926  deposited in the general fund thereof.
  927         (6)(a) For purposes of this subsection, the term “same
  928  office” with respect to legislative office means an office in
  929  the same legislative body, irrespective of district number or
  930  designation or geographic boundary.
  931         (b) A candidate elected to state office or a candidate who
  932  will be elected to state office by virtue of his or her being
  933  unopposed after candidate qualifying ends, may retain up to
  934  $20,000 in his or her campaign account, or in an interest
  935  bearing account or certificate of deposit, for use in his or her
  936  next campaign for the same office, in addition to the
  937  disposition methods provided in subsections (4) and (5). All
  938  requirements applicable to candidate campaign accounts under
  939  this chapter, including disclosure requirements applicable to
  940  candidate campaign accounts, limitations on expenditures, and
  941  limitations on contributions, apply to any retained funds.
  942         (c) If a candidate who has retained funds under this
  943  subsection does not qualify as a candidate for reelection to the
  944  same office, all retained funds shall be disposed of as
  945  otherwise required by this section or s. 106.11(5) within 90
  946  days after the last day of candidate qualifying for that office.
  947  Requirements in this section applicable to the disposal of
  948  surplus funds, including reporting requirements, are applicable
  949  to the disposal of retained funds.
  950         (7)(6)Before Prior to disposing of funds pursuant to
  951  subsection (4), or transferring funds into an office account
  952  pursuant to subsection (5), or retaining funds for reelection
  953  pursuant to subsection (6), any candidate who filed an oath
  954  stating that he or she was unable to pay the election assessment
  955  or fee for verification of petition signatures without imposing
  956  an undue burden on his or her personal resources or on resources
  957  otherwise available to him or her, or who filed both such oaths,
  958  or who qualified by the petition process and was not required to
  959  pay an election assessment, shall reimburse the state or local
  960  governmental entity, whichever is applicable, for such waived
  961  assessment or fee or both. Such reimbursement shall be made
  962  first for the cost of petition verification and then, if funds
  963  are remaining, for the amount of the election assessment. If
  964  there are insufficient funds in the account to pay the full
  965  amount of either the assessment or the fee or both, the
  966  remaining funds shall be disbursed in the above manner until no
  967  funds remain. All funds disbursed pursuant to this subsection
  968  shall be remitted to the qualifying officer. Any reimbursement
  969  for petition verification costs which are reimbursable by the
  970  state shall be forwarded by the qualifying officer to the state
  971  for deposit in the General Revenue Fund. All reimbursements for
  972  the amount of the election assessment shall be forwarded by the
  973  qualifying officer to the Department of State for deposit in the
  974  General Revenue Fund.
  975         (8)(a)(7)(a) Any candidate required to dispose of campaign
  976  funds pursuant to this section shall do so within the time
  977  required by this section and shall, on or before the date by
  978  which such disposition is to have been made, shall file with the
  979  officer with whom reports are required to be filed pursuant to
  980  s. 106.07 a form prescribed by the Division of Elections
  981  listing:
  982         1. The name and address of each person or unit of
  983  government to whom any of the funds were distributed and the
  984  amounts thereof;
  985         2. The name and address of each person to whom an
  986  expenditure was made, together with the amount thereof and
  987  purpose therefor; and
  988         3. The amount of such funds transferred to an office
  989  account by the candidate, together with the name and address of
  990  the bank, savings and loan association, or credit union in which
  991  the office account is located; and
  992         4. The amount of such funds retained pursuant to subsection
  993  (6), together with the name and address of the bank, savings and
  994  loan association, or credit union in which the retained funds
  995  are located.
  996  
  997  Such report shall be signed by the candidate and the campaign
  998  treasurer and certified as true and correct pursuant to s.
  999  106.07.
 1000         (b) The filing officer shall notify each candidate at least
 1001  14 days before the date the report is due.
 1002         (c) Any candidate failing to file a report on the
 1003  designated due date shall be subject to a fine as provided in s.
 1004  106.07 for submitting late termination reports.
 1005         (9)(8) Any candidate elected to office who transfers
 1006  surplus campaign funds into an office account pursuant to
 1007  subsection (5) shall file a report on the 10th day following the
 1008  end of each calendar quarter until the account is closed. Such
 1009  reports shall contain the name and address of each person to
 1010  whom any disbursement of funds was made, together with the
 1011  amount thereof and the purpose therefor, and the name and
 1012  address of any person from whom the elected candidate received
 1013  any refund or reimbursement and the amount thereof. Such reports
 1014  shall be on forms prescribed by the Division of Elections,
 1015  signed by the elected candidate, certified as true and correct,
 1016  and filed with the officer with whom campaign reports were filed
 1017  pursuant to s. 106.07(2).
 1018         (10)(9) Any candidate, or any person on behalf of a
 1019  candidate, who accepts contributions after such candidate has
 1020  withdrawn his or her candidacy, after the candidate has become
 1021  an unopposed candidate, or after the candidate has been
 1022  eliminated as a candidate or elected to office commits a
 1023  misdemeanor of the first degree, punishable as provided in s.
 1024  775.082 or s. 775.083.
 1025         (11)(10) Any candidate who is required by the provisions of
 1026  this section to dispose of funds in his or her campaign account
 1027  and who fails to dispose of the funds in the manner provided in
 1028  this section commits a misdemeanor of the first degree,
 1029  punishable as provided in s. 775.082 or s. 775.083.
 1030         Section 8. Section 106.29, Florida Statutes, is reenacted
 1031  and amended to read:
 1032         106.29 Reports by political parties and affiliated party
 1033  committees; restrictions on contributions and expenditures;
 1034  penalties.—
 1035         (1)(a) The state executive committee and each county
 1036  executive committee of each political party and any affiliated
 1037  party committee regulated by chapter 103 shall file regular
 1038  reports of all contributions received and all expenditures made
 1039  by such committee. However, the reports may shall not include
 1040  contributions and expenditures that are reported to the Federal
 1041  Election Commission.
 1042         (b) Each state executive committee and affiliated party
 1043  committee shall file regular reports with the Division of
 1044  Elections. Each county executive committee shall file reports
 1045  with the supervisor of elections in the county in which such
 1046  committee exists. Such reports must contain the same information
 1047  as do reports required of candidates by s. 106.07 and must be
 1048  filed at the same times and subject to the same filing
 1049  conditions established by s. 106.07(1) and (2) for candidates
 1050  reports filed with the division. In addition, when a special
 1051  election is called to fill a vacancy in office, each state
 1052  executive committee, each affiliated party committee, and each
 1053  county executive committee making contributions or expenditures
 1054  to influence the results of the special election or the
 1055  preceding special primary election must file campaign
 1056  treasurers’ reports on the dates set by the Department of State
 1057  pursuant to s. 100.111. Such reports shall contain the same
 1058  information as do reports required of candidates by s. 106.07
 1059  and shall be filed on the 10th day following the end of each
 1060  calendar quarter, except that, during the period from the last
 1061  day for candidate qualifying until the general election, such
 1062  reports shall be filed on the Friday immediately preceding each
 1063  special primary election, special election, primary election,
 1064  and general election.
 1065         (c) In addition to the reports filed under this section,
 1066  the state executive committee, each county executive committee,
 1067  and each affiliated party committee shall file a copy of each
 1068  prior written acceptance of an in-kind contribution given by the
 1069  committee during the preceding calendar quarter as required
 1070  under s. 106.08(6). Each state executive committee and
 1071  affiliated party committee shall file its reports with the
 1072  Division of Elections. Each county executive committee shall
 1073  file its reports with the supervisor of elections in the county
 1074  in which such committee exists.
 1075         (d) Any state or county executive committee or affiliated
 1076  party committee failing to file a report on the designated due
 1077  date is shall be subject to a fine as provided in subsection
 1078  (3). A No separate fine may not shall be assessed for failure to
 1079  file a copy of any report required by this section.
 1080         (2) The chair and treasurer of each state or county
 1081  executive committee shall certify as to the correctness of each
 1082  report filed by them on behalf of such committee. The leader and
 1083  treasurer of each affiliated party committee under s. 103.092
 1084  shall certify as to the correctness of each report filed by them
 1085  on behalf of such committee. Any committee chair, leader, or
 1086  treasurer who certifies the correctness of any report while
 1087  knowing that such report is incorrect, false, or incomplete
 1088  commits a felony of the third degree, punishable as provided in
 1089  s. 775.082, s. 775.083, or s. 775.084.
 1090         (3)(a) A Any state or county executive committee or
 1091  affiliated party committee that fails failing to file a report
 1092  on the designated due date is shall be subject to a fine as
 1093  provided in paragraph (b) for each late day. The fine shall be
 1094  assessed by the filing officer, and the moneys collected shall
 1095  be deposited in the General Revenue Fund.
 1096         (b) Upon determining that a report is late, the filing
 1097  officer shall immediately notify the chair of the executive
 1098  committee or the leader of the affiliated party committee as
 1099  defined in s. 103.092 as to the failure to file a report by the
 1100  designated due date and that a fine is being assessed for each
 1101  late day. The fine is shall be $1,000 for a state executive
 1102  committee, $1,000 for an affiliated party committee, and $50 for
 1103  a county executive committee, per day for each late day, not to
 1104  exceed 25 percent of the total receipts or expenditures,
 1105  whichever is greater, for the period covered by the late report.
 1106  However, if an executive committee or an affiliated party
 1107  committee fails to file a report on the Friday immediately
 1108  preceding the special election or general election, the fine is
 1109  shall be $10,000 per day for each day a state executive
 1110  committee is late, $10,000 per day for each day an affiliated
 1111  party committee is late, and $500 per day for each day a county
 1112  executive committee is late. Upon receipt of the report, the
 1113  filing officer shall determine the amount of the fine which is
 1114  due and shall notify the chair or leader as defined in s.
 1115  103.092. Notice is deemed complete upon proof of delivery of
 1116  written notice to the mailing or street address on record with
 1117  the filing officer. The filing officer shall determine the
 1118  amount of the fine due based upon the earliest of the following:
 1119         1. When the report is actually received by such officer.
 1120         2. When the report is postmarked.
 1121         3. When the certificate of mailing is dated.
 1122         4. When the receipt from an established courier company is
 1123  dated.
 1124         5. When the electronic receipt issued pursuant to s.
 1125  106.0705 is dated.
 1126  
 1127  Such fine shall be paid to the filing officer within 20 days
 1128  after receipt of the notice of payment due, unless appeal is
 1129  made to the Florida Elections Commission pursuant to paragraph
 1130  (c). An officer or member of an executive committee is not shall
 1131  not be personally liable for such fine.
 1132         (c) The chair of an executive committee or the leader of an
 1133  affiliated party committee as defined in s. 103.092 may appeal
 1134  or dispute the fine, based upon unusual circumstances
 1135  surrounding the failure to file on the designated due date, and
 1136  may request and is shall be entitled to a hearing before the
 1137  Florida Elections Commission, which has shall have the authority
 1138  to waive the fine in whole or in part. Any such request shall be
 1139  made within 20 days after receipt of the notice of payment due.
 1140  In such case, the chair of the executive committee or the leader
 1141  of the affiliated party committee as defined in s. 103.092
 1142  shall, within the 20-day period, notify the filing officer in
 1143  writing of his or her intention to bring the matter before the
 1144  commission.
 1145         (d) The appropriate filing officer shall notify the Florida
 1146  Elections Commission of the repeated late filing by an executive
 1147  committee or affiliated party committee, the failure of an
 1148  executive committee or affiliated party committee to file a
 1149  report after notice, or the failure to pay the fine imposed.
 1150         (4) Any contribution received by a state or county
 1151  executive committee or affiliated party committee less than 5
 1152  days before an election may shall not be used or expended in
 1153  behalf of any candidate, issue, affiliated party committee, or
 1154  political party participating in such election.
 1155         (5) A No state or county executive committee or affiliated
 1156  party committee, in the furtherance of any candidate or
 1157  political party, directly or indirectly, may not shall give,
 1158  pay, or expend any money, give or pay anything of value,
 1159  authorize any expenditure, or become pecuniarily liable for any
 1160  expenditure prohibited by this chapter. However, the
 1161  contribution of funds by one executive committee to another or
 1162  to established party organizations for legitimate party or
 1163  campaign purposes is not prohibited, but all such contributions
 1164  shall be recorded and accounted for in the reports of the
 1165  contributor and recipient.
 1166         (6)(a) The national, state, and county executive committees
 1167  of a political party and affiliated party committees may not
 1168  contribute to any candidate any amount in excess of the limits
 1169  contained in s. 106.08(2), and all contributions required to be
 1170  reported under s. 106.08(2) by the national executive committee
 1171  of a political party shall be reported by the state executive
 1172  committee of that political party.
 1173         (b) A violation of the contribution limits contained in s.
 1174  106.08(2) is a misdemeanor of the first degree, punishable as
 1175  provided in s. 775.082 or s. 775.083. A civil penalty equal to
 1176  three times the amount in excess of the limits contained in s.
 1177  106.08(2) shall be assessed against any executive committee
 1178  found in violation thereof.
 1179         Section 9. By December 1, 2013, the Division of Elections
 1180  shall submit a proposal to the President of the Senate and the
 1181  Speaker of the House of Representatives for a mandatory
 1182  statewide electronic filing system for all state and local
 1183  campaign filings required by s. 106.07, s. 106.0703, or s.
 1184  106.29.
 1185         Section 10. For the purpose of incorporating the amendment
 1186  made by this act into section 106.08, Florida Statutes, in a
 1187  reference thereto, subsection (2) of section 106.075, Florida
 1188  Statutes, is reenacted to read:
 1189         106.075 Elected officials; report of loans made in year
 1190  preceding election; limitation on contributions to pay loans.—
 1191         (2) Any person who makes a contribution to an individual to
 1192  pay all or part of a loan incurred, in the 12 months preceding
 1193  the election, to be used for the individual’s campaign, may not
 1194  contribute more than the amount which is allowed in s.
 1195  106.08(1).
 1196         Section 11. For the purpose of incorporating the amendment
 1197  made by this act to section 106.08, Florida Statutes, in a
 1198  reference thereto, section 106.19, Florida Statutes, is
 1199  reenacted to read:
 1200         106.19 Violations by candidates, persons connected with
 1201  campaigns, and political committees.—
 1202         (1) Any candidate; campaign manager, campaign treasurer, or
 1203  deputy treasurer of any candidate; committee chair, vice chair,
 1204  campaign treasurer, deputy treasurer, or other officer of any
 1205  political committee; agent or person acting on behalf of any
 1206  candidate or political committee; or other person who knowingly
 1207  and willfully:
 1208         (a) Accepts a contribution in excess of the limits
 1209  prescribed by s. 106.08;
 1210         (b) Fails to report any contribution required to be
 1211  reported by this chapter;
 1212         (c) Falsely reports or deliberately fails to include any
 1213  information required by this chapter; or
 1214         (d) Makes or authorizes any expenditure in violation of s.
 1215  106.11(4) or any other expenditure prohibited by this chapter;
 1216  
 1217  is guilty of a misdemeanor of the first degree, punishable as
 1218  provided in s. 775.082 or s. 775.083.
 1219         (2) Any candidate, campaign treasurer, or deputy treasurer;
 1220  any chair, vice chair, or other officer of any political
 1221  committee; any agent or person acting on behalf of any candidate
 1222  or political committee; or any other person who violates
 1223  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be
 1224  subject to a civil penalty equal to three times the amount
 1225  involved in the illegal act. Such penalty may be in addition to
 1226  the penalties provided by subsection (1) and shall be paid into
 1227  the General Revenue Fund of this state.
 1228         (3) A political committee sponsoring a constitutional
 1229  amendment proposed by initiative which submits a petition form
 1230  gathered by a paid petition circulator which does not provide
 1231  the name and address of the paid petition circulator on the form
 1232  is subject to the civil penalties prescribed in s. 106.265.
 1233         (4) Except as otherwise expressly stated, the failure by a
 1234  candidate to comply with the requirements of this chapter has no
 1235  effect upon whether the candidate has qualified for the office
 1236  the candidate is seeking.
 1237         Section 12. This act shall take effect July 1, 2013.
 1238  
 1239  ================= T I T L E  A M E N D M E N T ================
 1240         And the title is amended as follows:
 1241         Delete everything before the enacting clause
 1242  and insert:
 1243                        A bill to be entitled                      
 1244         An act relating to campaign finance; amending s.
 1245         106.011, F.S.; revising the definition of the term
 1246         “candidate” to include a candidate for a political
 1247         party executive committee; amending s. 106.021, F.S.;
 1248         providing requirements and restrictions on the use of
 1249         contributions received before a candidate changes his
 1250         or her candidacy to a different office; amending s.
 1251         106.03, F.S.; conforming provisions to changes made by
 1252         the act; reenacting and amending s. 106.07, F.S.;
 1253         relating to reports by campaign treasurers; revising
 1254         reporting requirements; amending s. 106.0703, F.S.;
 1255         revising reporting requirements for electioneering
 1256         communications organizations; amending s. 106.08,
 1257         F.S.; increasing the limitations on contributions made
 1258         to certain candidates and political committees;
 1259         removing a limitation on contributions to non
 1260         statewide candidates from specified political party
 1261         committees; amending s. 106.141, F.S.; prohibiting a
 1262         candidate from giving more than a specified amount of
 1263         surplus funds to an affiliated party committee or
 1264         political party; increasing the amount of funds that
 1265         certain candidates may transfer to an office account;
 1266         specifying permissible expenses with office account
 1267         funds; defining the term “same office”; authorizing
 1268         certain candidates to retain a specified amount of
 1269         funds for reelection to the same office; establishing
 1270         requirements and conditions for retained funds;
 1271         providing procedures for disposition of retained funds
 1272         in certain circumstances; reenacting and amending s.
 1273         106.29, F.S.; revising reporting requirements for
 1274         political parties and affiliated party committees;
 1275         requiring the Division of Elections to submit a
 1276         proposal for a mandatory statewide electronic filing
 1277         system for certain state and local candidates to the
 1278         Legislature by a specified date; reenacting ss.
 1279         106.075(2) and 106.19, F.S., relating to contributions
 1280         made to pay back campaign loans incurred, and relating
 1281         to criminal and enhanced civil penalties for certain
 1282         campaign finance violations, to incorporate the
 1283         amendments made to s. 106.08, F.S., in references
 1284         thereto; providing an effective date.