Florida Senate - 2013                             CS for SB 1382
       
       
       
       By the Committee on Ethics and Elections; and Senator Latvala
       
       
       
       
       582-02216-13                                          20131382c1
    1                        A bill to be entitled                      
    2         An act relating to campaign finance; repealing s.
    3         106.04, F.S., relating to the certification and
    4         political activities of committees of continuous
    5         existence; prohibiting a committee of continuous
    6         existence from accepting a contribution after a
    7         certain date; providing for revocation of the
    8         certification of each committee of continuous
    9         existence on a certain date; requiring the Division of
   10         Elections to provide certain notifications to
   11         committees of continuous existence; providing
   12         procedures for disposition of funds and closing of the
   13         committee account; providing penalties; providing for
   14         the applicability of penalties incurred by the
   15         committee of continuous existence; amending and
   16         reordering s. 106.011, F.S., relating to definitions
   17         applicable to provisions governing campaign financing;
   18         deleting the definition of the term “committee of
   19         continuous existence” to conform to changes made by
   20         the act; revising the definition of the term
   21         “candidate” to include a candidate for a political
   22         party executive committee; conforming cross
   23         references; amending s. 106.021, F.S.; providing
   24         requirements and restrictions on the use of
   25         contributions received before a candidate changes his
   26         or her candidacy to a different office; amending s.
   27         106.022, F.S.; conforming a provision to changes made
   28         by the act; amending s. 106.025, F.S.; providing that
   29         tickets or advertising for a campaign fundraiser must
   30         comply with the requirements of political
   31         advertisements circulated before an election; amending
   32         s. 106.03, F.S.; conforming provisions and cross
   33         references to changes made by the act; amending s.
   34         106.05, F.S.; revising the information that is
   35         required to appear on a bank account for deposit of
   36         funds; reenacting and amending s. 106.07, F.S.,
   37         relating to reports by campaign treasurers; revising
   38         reporting requirements for candidates and political
   39         committees; conforming a cross-reference; amending s.
   40         106.0703, F.S.; revising reporting requirements for
   41         electioneering communications organizations;
   42         reenacting and amending s. 106.0705, F.S., relating to
   43         the electronic filing of campaign treasurer’s reports;
   44         conforming provisions and cross-references to changes
   45         made by the act; amending s. 106.08, F.S.; increasing
   46         the limitations on contributions made to certain
   47         candidates and political committees; removing a
   48         limitation on contributions made by specified minors;
   49         revising limitations on contributions to non-statewide
   50         candidates from specified political party committees;
   51         conforming provisions and cross-references to changes
   52         made by the act; reenacting and amending s. 106.11,
   53         F.S.; specifying restrictions on expenditures by
   54         political committees; providing a penalty; revising
   55         the information that is required to appear on bank
   56         account checks of candidates or political committees;
   57         revising information used to determine when debit
   58         cards are considered bank checks; amending s. 106.141,
   59         F.S.; prohibiting a candidate from giving more than a
   60         specified amount of surplus funds to an affiliated
   61         party committee or political party; increasing the
   62         amount of funds that certain candidates may transfer
   63         to an office account; specifying permissible expenses
   64         with office account funds; defining the term “same
   65         office”; modifying requirements and conditions for
   66         disposing of and transferring surplus funds;
   67         authorizing certain candidates to retain a specified
   68         amount of funds for reelection to the same office;
   69         establishing requirements and conditions for retained
   70         funds; providing procedures for disposition of
   71         retained funds in certain circumstances; making
   72         changes to conform to the act; reenacting and amending
   73         s. 106.29, F.S.; revising reporting requirements for
   74         political parties and affiliated party committees;
   75         requiring the Division of Elections to submit a
   76         proposal for a mandatory statewide electronic filing
   77         system for certain state and local candidates to the
   78         Legislature by a specified date; amending ss. 101.62,
   79         102.031, 106.087, 106.12, 106.147, 106.17, 106.23,
   80         106.265, 106.27, 106.32, 106.33, 111.075, 112.3148,
   81         112.3149, 1004.28, 1004.70, and 1004.71, F.S.;
   82         conforming provisions and cross-references to changes
   83         made by the act; reenacting s. 106.075(2), F.S.,
   84         relating to contributions made to pay back campaign
   85         loans incurred, to incorporate the amendment made to
   86         s. 106.08, F.S., in a reference thereto; reenacting s.
   87         106.19, F.S., relating to criminal and enhanced civil
   88         penalties for certain campaign finance violations, to
   89         incorporate the amendments made to ss. 106.08 and
   90         106.11, F.S., in references thereto; providing
   91         effective dates.
   92  
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Section 106.04, Florida Statutes, is repealed.
   96         Section 2. (1) Effective August 1, 2013, a committee of
   97  continuous existence may not accept a contribution as defined in
   98  s. 106.011, Florida Statutes. By July 15, 2013, the Division of
   99  Elections of the Department of State shall notify each committee
  100  of continuous existence of the prohibition on accepting such a
  101  contribution as provided under this subsection.
  102         (2) Effective September 30, 2013, the certification of each
  103  committee of continuous existence is revoked and all committee
  104  accounts must have a zero balance. By July 15, 2013, the
  105  Division of Elections of the Department of State shall notify
  106  each committee of continuous existence of the revocation of its
  107  certification pursuant to this subsection. Following the
  108  revocation of certification, each committee of continuous
  109  existence shall file any outstanding report as required by law.
  110         (3)(a) A violation of this section or any other provision
  111  of chapter 106 constitutes a violation of chapter 106 regardless
  112  of whether the committee of continuous existence is legally
  113  dissolved.
  114         (b) A political committee or electioneering communications
  115  organization that has received funds from a committee of
  116  continuous existence whose certification has been revoked and
  117  that is directly or indirectly established, maintained, or
  118  controlled by the same individual or group as the former
  119  committee of continuous existence, is responsible for any unpaid
  120  fine or penalty incurred by the former committee of continuous
  121  existence. If no such political committee or electioneering
  122  communications organization exists, the principal officers of
  123  the former committee of continuous existence shall be jointly
  124  and severally liable for any fine or penalty.
  125         (4) This section shall be effective upon this act becoming
  126  a law.
  127         Section 3. Section 106.011, Florida Statutes, is reordered
  128  and amended to read:
  129         106.011 Definitions.—As used in this chapter, the following
  130  terms have the following meanings unless the context clearly
  131  indicates otherwise:
  132         (16)(1)(a) “Political committee” means:
  133         1. A combination of two or more individuals, or a person
  134  other than an individual, that, in an aggregate amount in excess
  135  of $500 during a single calendar year:
  136         a. Accepts contributions for the purpose of making
  137  contributions to any candidate, political committee, committee
  138  of continuous existence, affiliated party committee, or
  139  political party;
  140         b. Accepts contributions for the purpose of expressly
  141  advocating the election or defeat of a candidate or the passage
  142  or defeat of an issue;
  143         c. Makes expenditures that expressly advocate the election
  144  or defeat of a candidate or the passage or defeat of an issue;
  145  or
  146         d. Makes contributions to a common fund, other than a joint
  147  checking account between spouses, from which contributions are
  148  made to any candidate, political committee, committee of
  149  continuous existence, affiliated party committee, or political
  150  party;
  151         2. The sponsor of a proposed constitutional amendment by
  152  initiative who intends to seek the signatures of registered
  153  electors.
  154         (b) Notwithstanding paragraph (a), the following entities
  155  are not considered political committees for purposes of this
  156  chapter:
  157         1. Organizations which are certified by the Department of
  158  State as committees of continuous existence pursuant to s.
  159  106.04, National political parties, the state and county
  160  executive committees of political parties, and affiliated party
  161  committees regulated by chapter 103.
  162         2. Corporations regulated by chapter 607 or chapter 617 or
  163  other business entities formed for purposes other than to
  164  support or oppose issues or candidates, if their political
  165  activities are limited to contributions to candidates, political
  166  parties, affiliated party committees, or political committees or
  167  expenditures in support of or opposition to an issue from
  168  corporate or business funds and if no contributions are received
  169  by such corporations or business entities.
  170         3. Electioneering communications organizations as defined
  171  in subsection (9) (19).
  172         (2) “Committee of continuous existence” means any group,
  173  organization, association, or other such entity which is
  174  certified pursuant to the provisions of s. 106.04.
  175         (5)(3) “Contribution” means:
  176         (a) A gift, subscription, conveyance, deposit, loan,
  177  payment, or distribution of money or anything of value,
  178  including contributions in kind having an attributable monetary
  179  value in any form, made for the purpose of influencing the
  180  results of an election or making an electioneering
  181  communication.
  182         (b) A transfer of funds between political committees,
  183  between committees of continuous existence, between
  184  electioneering communications organizations, or between any
  185  combination of these groups.
  186         (c) The payment, by a any person other than a candidate or
  187  political committee, of compensation for the personal services
  188  of another person which are rendered to a candidate or political
  189  committee without charge to the candidate or committee for such
  190  services.
  191         (d) The transfer of funds by a campaign treasurer or deputy
  192  campaign treasurer between a primary depository and a separate
  193  interest-bearing account or certificate of deposit, and the term
  194  includes any interest earned on such account or certificate.
  195  
  196  Notwithstanding the foregoing meanings of “contribution,” the
  197  term may not be construed to include services, including, but
  198  not limited to, legal and accounting services, provided without
  199  compensation by individuals volunteering a portion or all of
  200  their time on behalf of a candidate or political committee or
  201  editorial endorsements.
  202         (10)(4)(a) “Expenditure” means a purchase, payment,
  203  distribution, loan, advance, transfer of funds by a campaign
  204  treasurer or deputy campaign treasurer between a primary
  205  depository and a separate interest-bearing account or
  206  certificate of deposit, or gift of money or anything of value
  207  made for the purpose of influencing the results of an election
  208  or making an electioneering communication. However,
  209  “expenditure” does not include a purchase, payment,
  210  distribution, loan, advance, or gift of money or anything of
  211  value made for the purpose of influencing the results of an
  212  election when made by an organization, in existence before prior
  213  to the time during which a candidate qualifies or an issue is
  214  placed on the ballot for that election, for the purpose of
  215  printing or distributing such organization’s newsletter,
  216  containing a statement by such organization in support of or
  217  opposition to a candidate or issue, which newsletter is
  218  distributed only to members of such organization.
  219         (b) As used in this chapter, an “expenditure” for an
  220  electioneering communication is made when the earliest of the
  221  following occurs:
  222         1. A person enters into a contract for applicable goods or
  223  services;
  224         2. A person makes payment, in whole or in part, for the
  225  production or public dissemination of applicable goods or
  226  services; or
  227         3. The electioneering communication is publicly
  228  disseminated.
  229         (12)(5)(a) “Independent expenditure” means an expenditure
  230  by a person for the purpose of expressly advocating the election
  231  or defeat of a candidate or the approval or rejection of an
  232  issue, which expenditure is not controlled by, coordinated with,
  233  or made upon consultation with, any candidate, political
  234  committee, or agent of such candidate or committee. An
  235  expenditure for such purpose by a person having a contract with
  236  the candidate, political committee, or agent of such candidate
  237  or committee in a given election period is shall not be deemed
  238  an independent expenditure.
  239         (b) An expenditure for the purpose of expressly advocating
  240  the election or defeat of a candidate which is made by the
  241  national, state, or county executive committee of a political
  242  party, including any subordinate committee of the political
  243  party, an affiliated party committee, a political committee, a
  244  committee of continuous existence, or any other person is shall
  245  not be considered an independent expenditure if the committee or
  246  person:
  247         1. Communicates with the candidate, the candidate’s
  248  campaign, or an agent of the candidate acting on behalf of the
  249  candidate, including a any pollster, media consultant,
  250  advertising agency, vendor, advisor, or staff member, concerning
  251  the preparation of, use of, or payment for, the specific
  252  expenditure or advertising campaign at issue; or
  253         2. Makes a payment in cooperation, consultation, or concert
  254  with, at the request or suggestion of, or pursuant to a any
  255  general or particular understanding with the candidate, the
  256  candidate’s campaign, a political committee supporting the
  257  candidate, or an agent of the candidate relating to the specific
  258  expenditure or advertising campaign at issue; or
  259         3. Makes a payment for the dissemination, distribution, or
  260  republication, in whole or in part, of a any broadcast or a any
  261  written, graphic, or other form of campaign material prepared by
  262  the candidate, the candidate’s campaign, or an agent of the
  263  candidate, including a any pollster, media consultant,
  264  advertising agency, vendor, advisor, or staff member; or
  265         4. Makes a payment based on information about the
  266  candidate’s plans, projects, or needs communicated to a member
  267  of the committee or person by the candidate or an agent of the
  268  candidate, provided the committee or person uses the information
  269  in any way, in whole or in part, either directly or indirectly,
  270  to design, prepare, or pay for the specific expenditure or
  271  advertising campaign at issue; or
  272         5. After the last day of the qualifying period prescribed
  273  for the candidate, consults about the candidate’s plans,
  274  projects, or needs in connection with the candidate’s pursuit of
  275  election to office and the information is used in any way to
  276  plan, create, design, or prepare an independent expenditure or
  277  advertising campaign, with:
  278         a. An Any officer, director, employee, or agent of a
  279  national, state, or county executive committee of a political
  280  party or an affiliated party committee that has made or intends
  281  to make expenditures in connection with or contributions to the
  282  candidate; or
  283         b. A Any person whose professional services have been
  284  retained by a national, state, or county executive committee of
  285  a political party or an affiliated party committee that has made
  286  or intends to make expenditures in connection with or
  287  contributions to the candidate; or
  288         6. After the last day of the qualifying period prescribed
  289  for the candidate, retains the professional services of a any
  290  person also providing those services to the candidate in
  291  connection with the candidate’s pursuit of election to office;
  292  or
  293         7. Arranges, coordinates, or directs the expenditure, in
  294  any way, with the candidate or an agent of the candidate.
  295         (7)(6) “Election” means a any primary election, special
  296  primary election, general election, special election, or
  297  municipal election held in this state for the purpose of
  298  nominating or electing candidates to public office, choosing
  299  delegates to the national nominating conventions of political
  300  parties, or submitting an issue to the electors for their
  301  approval or rejection.
  302         (13)(7) “Issue” means a any proposition that which is
  303  required by the State Constitution, by law or resolution of the
  304  Legislature, or by the charter, ordinance, or resolution of a
  305  any political subdivision of this state to be submitted to the
  306  electors for their approval or rejection at an election, or a
  307  any proposition for which a petition is circulated in order to
  308  have such proposition placed on the ballot at an any election.
  309         (14)(8) “Person” means an individual or a corporation,
  310  association, firm, partnership, joint venture, joint stock
  311  company, club, organization, estate, trust, business trust,
  312  syndicate, or other combination of individuals having collective
  313  capacity. The term includes a political party, affiliated party
  314  committee, or political committee, or committee of continuous
  315  existence.
  316         (2)(9) “Campaign treasurer” means an individual appointed
  317  by a candidate or political committee as provided in this
  318  chapter.
  319         (17)(10) “Public office” means a any state, county,
  320  municipal, or school or other district office or position that
  321  which is filled by vote of the electors.
  322         (1)(11) “Campaign fund raiser” means an any affair held to
  323  raise funds to be used in a campaign for public office.
  324         (6)(12) “Division” means the Division of Elections of the
  325  Department of State.
  326         (4)(13) “Communications media” means broadcasting stations,
  327  newspapers, magazines, outdoor advertising facilities, printers,
  328  direct mail, advertising agencies, the Internet, and telephone
  329  companies; but with respect to telephones, an expenditure is
  330  shall be deemed to be an expenditure for the use of
  331  communications media only if made for the costs of telephones,
  332  paid telephonists, or automatic telephone equipment to be used
  333  by a candidate or a political committee to communicate with
  334  potential voters but excluding the any costs of telephones
  335  incurred by a volunteer for use of telephones by such volunteer;
  336  however, with respect to the Internet, an expenditure is shall
  337  be deemed an expenditure for use of communications media only if
  338  made for the cost of creating or disseminating a message on a
  339  computer information system accessible by more than one person
  340  but excluding internal communications of a campaign or of any
  341  group.
  342         (11)(14) “Filing officer” means the person before whom a
  343  candidate qualifies, or the agency or officer with whom a
  344  political committee or an electioneering communications
  345  organization registers, or the agency by whom a committee of
  346  continuous existence is certified.
  347         (18)(15) “Unopposed candidate” means a candidate for
  348  nomination or election to an office who, after the last day on
  349  which a any person, including a write-in candidate, may qualify,
  350  is without opposition in the election at which the office is to
  351  be filled or who is without such opposition after such date as a
  352  result of a any primary election or of withdrawal by other
  353  candidates seeking the same office. A candidate is not an
  354  unopposed candidate if there is a vacancy to be filled under s.
  355  100.111(3), if there is a legal proceeding pending regarding the
  356  right to a ballot position for the office sought by the
  357  candidate, or if the candidate is seeking retention as a justice
  358  or judge.
  359         (3)(16) “Candidate” means a any person to whom any one or
  360  more of the following applies apply:
  361         (a) A Any person who seeks to qualify for nomination or
  362  election by means of the petitioning process.
  363         (b) A Any person who seeks to qualify for election as a
  364  write-in candidate.
  365         (c) A Any person who receives contributions or makes
  366  expenditures, or consents for any other person to receive
  367  contributions or make expenditures, with a view to bring about
  368  his or her nomination or election to, or retention in, public
  369  office.
  370         (d) A Any person who appoints a treasurer and designates a
  371  primary depository.
  372         (e) A Any person who files qualification papers and
  373  subscribes to a candidate’s oath as required by law.
  374  
  375  However, this definition does not include any candidate for a
  376  political party executive committee. Expenditures related to
  377  potential candidate polls as provided in s. 106.17 are not
  378  contributions or expenditures for purposes of this subsection.
  379         (15)(17) “Political advertisement” means a paid expression
  380  in a any communications media prescribed in subsection (4) (13),
  381  whether radio, television, newspaper, magazine, periodical,
  382  campaign literature, direct mail, or display or by means other
  383  than the spoken word in direct conversation, which expressly
  384  advocates the election or defeat of a candidate or the approval
  385  or rejection of an issue. However, political advertisement does
  386  not include:
  387         (a) A statement by an organization, in existence before
  388  prior to the time during which a candidate qualifies or an issue
  389  is placed on the ballot for that election, in support of or
  390  opposition to a candidate or issue, in that organization’s
  391  newsletter, which newsletter is distributed only to the members
  392  of that organization.
  393         (b) Editorial endorsements by a any newspaper, a radio or
  394  television station, or any other recognized news medium.
  395         (8)(18)(a) “Electioneering communication” means any
  396  communication that is publicly distributed by a television
  397  station, radio station, cable television system, satellite
  398  system, newspaper, magazine, direct mail, or telephone and that:
  399         1. Refers to or depicts a clearly identified candidate for
  400  office without expressly advocating the election or defeat of a
  401  candidate but that is susceptible of no reasonable
  402  interpretation other than an appeal to vote for or against a
  403  specific candidate;
  404         2. Is made within 30 days before a primary or special
  405  primary election or 60 days before any other election for the
  406  office sought by the candidate; and
  407         3. Is targeted to the relevant electorate in the geographic
  408  area the candidate would represent if elected.
  409         (b) The term “electioneering communication” does not
  410  include:
  411         1. A communication disseminated through a means of
  412  communication other than a television station, radio station,
  413  cable television system, satellite system, newspaper, magazine,
  414  direct mail, telephone, or statement or depiction by an
  415  organization, in existence before prior to the time during which
  416  a candidate named or depicted qualifies for that election, made
  417  in that organization’s newsletter, which newsletter is
  418  distributed only to members of that organization.
  419         2. A communication in a news story, commentary, or
  420  editorial distributed through the facilities of a any radio
  421  station, television station, cable television system, or
  422  satellite system, unless the facilities are owned or controlled
  423  by a any political party, political committee, or candidate. A
  424  news story distributed through the facilities owned or
  425  controlled by a any political party, political committee, or
  426  candidate may nevertheless be exempt if it represents a bona
  427  fide news account communicated through a licensed broadcasting
  428  facility and the communication is part of a general pattern of
  429  campaign-related news accounts that give reasonably equal
  430  coverage to all opposing candidates in the area.
  431         3. A communication that constitutes a public debate or
  432  forum that includes at least two opposing candidates for an
  433  office or one advocate and one opponent of an issue, or that
  434  solely promotes such a debate or forum and is made by or on
  435  behalf of the person sponsoring the debate or forum, provided
  436  that:
  437         a. The staging organization is either:
  438         (I) A charitable organization that does not make other
  439  electioneering communications and does not otherwise support or
  440  oppose any political candidate or political party; or
  441         (II) A newspaper, radio station, television station, or
  442  other recognized news medium; and
  443         b. The staging organization does not structure the debate
  444  to promote or advance one candidate or issue position over
  445  another.
  446         (c) For purposes of this chapter, an expenditure made for,
  447  or in furtherance of, an electioneering communication is shall
  448  not be considered a contribution to or on behalf of any
  449  candidate.
  450         (d) For purposes of this chapter, an electioneering
  451  communication does shall not constitute an independent
  452  expenditure and is not nor be subject to the limitations
  453  applicable to independent expenditures.
  454         (9)(19) “Electioneering communications organization” means
  455  any group, other than a political party, affiliated party
  456  committee, or political committee, or committee of continuous
  457  existence, whose election-related activities are limited to
  458  making expenditures for electioneering communications or
  459  accepting contributions for the purpose of making electioneering
  460  communications and whose activities would not otherwise require
  461  the group to register as a political party, or political
  462  committee, or committee of continuous existence under this
  463  chapter.
  464         Section 4. Paragraph (a) of subsection (1) of section
  465  106.021, Florida Statutes, is amended to read:
  466         106.021 Campaign treasurers; deputies; primary and
  467  secondary depositories.—
  468         (1)(a) Each candidate for nomination or election to office
  469  and each political committee shall appoint a campaign treasurer.
  470  Each person who seeks to qualify for nomination or election to,
  471  or retention in, office shall appoint a campaign treasurer and
  472  designate a primary campaign depository before prior to
  473  qualifying for office. Any person who seeks to qualify for
  474  election or nomination to any office by means of the petitioning
  475  process shall appoint a treasurer and designate a primary
  476  depository on or before the date he or she obtains the
  477  petitions. Each candidate shall At the same time a candidate he
  478  or she designates a campaign depository and appoints a
  479  treasurer, the candidate shall also designate the office for
  480  which he or she is a candidate. If the candidate is running for
  481  an office that which will be grouped on the ballot with two or
  482  more similar offices to be filled at the same election, the
  483  candidate must indicate for which group or district office he or
  484  she is running. Nothing in This subsection does not shall
  485  prohibit a candidate, at a later date, from changing the
  486  designation of the office for which he or she is a candidate.
  487  However, if a candidate changes the designated office for which
  488  he or she is a candidate, the candidate must notify all
  489  contributors in writing of the intent to seek a different office
  490  and offer to return pro rata, upon their request, those
  491  contributions given in support of the original office sought.
  492  This notification shall be given within 15 days after the filing
  493  of the change of designation and shall include a standard form
  494  developed by the Division of Elections for requesting the return
  495  of contributions. The notice requirement does shall not apply to
  496  any change in a numerical designation resulting solely from
  497  redistricting. If, within 30 days after being notified by the
  498  candidate of the intent to seek a different office, the
  499  contributor notifies the candidate in writing that the
  500  contributor wishes his or her contribution to be returned, the
  501  candidate shall return the contribution, on a pro rata basis,
  502  calculated as of the date the change of designation is filed. Up
  503  to a maximum of the contribution limits specified in s. 106.08,
  504  a candidate who runs for an office other than the office
  505  originally designated may use any contribution that a donor does
  506  not request Any contributions not requested to be returned
  507  within the 30-day period for the newly designated office,
  508  provided the candidate disposes of any amount exceeding the
  509  contribution limit pursuant to the options in s. 106.11(5)(b)
  510  and (c) or s. 106.141(4)(a)1., s. 106.141(4)(a)2., or s.
  511  106.141(4)(a)4.; notwithstanding, the full amount of the
  512  contribution for the original office shall count toward the
  513  contribution limits specified in s. 106.08 for the newly
  514  designated office may be used by the candidate for the newly
  515  designated office. A No person may not shall accept any
  516  contribution or make any expenditure with a view to bringing
  517  about his or her nomination, election, or retention in public
  518  office, or authorize another to accept such contributions or
  519  make such expenditure on the person’s behalf, unless such person
  520  has appointed a campaign treasurer and designated a primary
  521  campaign depository. A candidate for an office voted upon
  522  statewide may appoint not more than 15 deputy campaign
  523  treasurers, and any other candidate or political committee may
  524  appoint not more than 3 deputy campaign treasurers. The names
  525  and addresses of the campaign treasurer and deputy campaign
  526  treasurers so appointed shall be filed with the officer before
  527  whom such candidate is required to qualify or with whom such
  528  political committee is required to register pursuant to s.
  529  106.03.
  530         Section 5. Subsection (1) of section 106.022, Florida
  531  Statutes, is amended to read:
  532         106.022 Appointment of a registered agent; duties.—
  533         (1) Each political committee, committee of continuous
  534  existence, or electioneering communications organization shall
  535  have and continuously maintain in this state a registered office
  536  and a registered agent and must file with the filing officer a
  537  statement of appointment for the registered office and
  538  registered agent. The statement of appointment must:
  539         (a) Provide the name of the registered agent and the street
  540  address and phone number for the registered office;
  541         (b) Identify the entity for whom the registered agent
  542  serves;
  543         (c) Designate the address the registered agent wishes to
  544  use to receive mail;
  545         (d) Include the entity’s undertaking to inform the filing
  546  officer of any change in such designated address;
  547         (e) Provide for the registered agent’s acceptance of the
  548  appointment, which must confirm that the registered agent is
  549  familiar with and accepts the obligations of the position as set
  550  forth in this section; and
  551         (f) Contain the signature of the registered agent and the
  552  entity engaging the registered agent.
  553         Section 6. Paragraph (c) of subsection (1) of section
  554  106.025, Florida Statutes, is amended to read:
  555         106.025 Campaign fund raisers.—
  556         (1)
  557         (c) Any tickets or advertising for such a campaign fund
  558  raiser must comply with is exempt from the requirements of s.
  559  106.143.
  560         Section 7. Paragraph (b) of subsection (1) and subsection
  561  (2) of section 106.03, Florida Statutes, are amended to read:
  562         106.03 Registration of political committees and
  563  electioneering communications organizations.—
  564         (1)
  565         (b)1. Each group shall file a statement of organization as
  566  an electioneering communications organization within 24 hours
  567  after the date on which it makes expenditures for an
  568  electioneering communication in excess of $5,000, if such
  569  expenditures are made within the timeframes specified in s.
  570  106.011(8)(a)2. 106.011(18)(a)2. If the group makes expenditures
  571  for an electioneering communication in excess of $5,000 before
  572  the timeframes specified in s. 106.011(8)(a)2. 106.011(18)(a)2.,
  573  it shall file the statement of organization within 24 hours
  574  after the 30th day before a primary or special primary election,
  575  or within 24 hours after the 60th day before any other election,
  576  whichever is applicable.
  577         2.a. In a statewide, legislative, or multicounty election,
  578  an electioneering communications organization shall file a
  579  statement of organization with the Division of Elections.
  580         b. In a countywide election or any election held on less
  581  than a countywide basis, except as described in sub-subparagraph
  582  c., an electioneering communications organization shall file a
  583  statement of organization with the supervisor of elections of
  584  the county in which the election is being held.
  585         c. In a municipal election, an electioneering
  586  communications organization shall file a statement of
  587  organization with the officer before whom municipal candidates
  588  qualify.
  589         d. Any electioneering communications organization that
  590  would be required to file a statement of organization in two or
  591  more locations need only file a statement of organization with
  592  the Division of Elections.
  593         (2) The statement of organization shall include:
  594         (a) The name, mailing address, and street address of the
  595  committee or electioneering communications organization;
  596         (b) The names, street addresses, and relationships of
  597  affiliated or connected organizations, including any affiliated
  598  sponsors;
  599         (c) The area, scope, or jurisdiction of the committee or
  600  electioneering communications organization;
  601         (d) The name, mailing address, street address, and position
  602  of the custodian of books and accounts;
  603         (e) The name, mailing address, street address, and position
  604  of other principal officers, including the treasurer and deputy
  605  treasurer, if any;
  606         (f) The name, address, office sought, and party affiliation
  607  of:
  608         1. Each candidate whom the committee is supporting;
  609         2. Any other individual, if any, whom the committee is
  610  supporting for nomination for election, or election, to any
  611  public office whatever;
  612         (g) Any issue or issues the committee is supporting or
  613  opposing;
  614         (h) If the committee is supporting the entire ticket of any
  615  party, a statement to that effect and the name of the party;
  616         (i) A statement of whether the committee is a continuing
  617  one;
  618         (j) Plans for the disposition of residual funds which will
  619  be made in the event of dissolution;
  620         (k) A listing of all banks, safe-deposit boxes, or other
  621  depositories used for committee or electioneering communications
  622  organization funds;
  623         (l) A statement of the reports required to be filed by the
  624  committee or the electioneering communications organization with
  625  federal officials, if any, and the names, addresses, and
  626  positions of such officials; and
  627         (m) A statement of whether the electioneering
  628  communications organization was formed as a newly created
  629  organization during the current calendar quarter or was formed
  630  from an organization existing prior to the current calendar
  631  quarter. For purposes of this subsection, calendar quarters end
  632  the last day of March, June, September, and December.
  633         Section 8. Section 106.05, Florida Statutes, is amended to
  634  read:
  635         106.05 Deposit of contributions; statement of campaign
  636  treasurer.—All funds received by the campaign treasurer of any
  637  candidate or political committee shall, prior to the end of the
  638  5th business day following the receipt thereof, Saturdays,
  639  Sundays, and legal holidays excluded, be deposited in a campaign
  640  depository designated pursuant to s. 106.021, in an account that
  641  contains the designated “...(name of the candidate or
  642  committee.)... Campaign Account.” Except for contributions to
  643  political committees made by payroll deduction, all deposits
  644  shall be accompanied by a bank deposit slip containing the name
  645  of each contributor and the amount contributed by each. If a
  646  contribution is deposited in a secondary campaign depository,
  647  the depository shall forward the full amount of the deposit,
  648  along with a copy of the deposit slip accompanying the deposit,
  649  to the primary campaign depository prior to the end of the 1st
  650  business day following the deposit.
  651         Section 9. Section 106.07, Florida Statutes, is reenacted
  652  and amended to read:
  653         106.07 Reports; certification and filing.—
  654         (1) Each campaign treasurer designated by a candidate or
  655  political committee pursuant to s. 106.021 shall file regular
  656  reports of all contributions received, and all expenditures
  657  made, by or on behalf of such candidate or political committee.
  658  Except as provided in paragraphs (a) and (b) for the third
  659  calendar quarter immediately preceding a general election,
  660  reports shall be filed on the 10th day following the end of each
  661  calendar month quarter from the time the campaign treasurer is
  662  appointed, except that, if the 10th day following the end of a
  663  calendar month quarter occurs on a Saturday, Sunday, or legal
  664  holiday, the report shall be filed on the next following day
  665  that which is not a Saturday, Sunday, or legal holiday. Monthly
  666  Quarterly reports shall include all contributions received and
  667  expenditures made during the calendar month quarter which have
  668  not otherwise been reported pursuant to this section.
  669         (a) A statewide candidate or a political committee required
  670  to file reports with the division must file reports:
  671         1. On the 60th day immediately preceding the primary
  672  election, and each week thereafter, with the last weekly report
  673  being filed on the 11th day immediately preceding the general
  674  election.
  675         2. On the 10th day immediately preceding the general
  676  election, and each day thereafter, with the last daily report
  677  being filed the 4th day before the general election Except as
  678  provided in paragraph (b), the reports shall also be filed on
  679  the 32nd, 18th, and 4th days immediately preceding the primary
  680  and on the 46th, 32nd, 18th, and 4th days immediately preceding
  681  the election, for a candidate who is opposed in seeking
  682  nomination or election to any office, for a political committee,
  683  or for a committee of continuous existence.
  684         (b) Any other candidate or a political committee required
  685  to file reports with a filing officer other than the division
  686  must file reports on the 60th day immediately preceding the
  687  primary election, and each week thereafter, with the last weekly
  688  report being filed on the 4th day immediately preceding the
  689  general election Any statewide candidate who has requested to
  690  receive contributions pursuant to the Florida Election Campaign
  691  Financing Act or any statewide candidate in a race with a
  692  candidate who has requested to receive contributions pursuant to
  693  the act shall also file reports on the 4th, 11th, 18th, 25th,
  694  and 32nd days prior to the primary election, and on the 4th,
  695  11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to the
  696  general election.
  697         (c) Following the last day of qualifying for office, any
  698  unopposed candidate need only file a report within 90 days after
  699  the date such candidate became unopposed. Such report shall
  700  contain all previously unreported contributions and expenditures
  701  as required by this section and shall reflect disposition of
  702  funds as required by s. 106.141.
  703         (d)1. When a special election is called to fill a vacancy
  704  in office, all political committees making contributions or
  705  expenditures to influence the results of such special election
  706  or the preceding special primary election shall file campaign
  707  treasurers’ reports with the filing officer on the dates set by
  708  the Department of State pursuant to s. 100.111.
  709         2. When an election is called for an issue to appear on the
  710  ballot at a time when no candidates are scheduled to appear on
  711  the ballot, all political committees making contributions or
  712  expenditures in support of or in opposition to such issue shall
  713  file reports on the 18th and 4th days before prior to such
  714  election.
  715         (e) The filing officer shall provide each candidate with a
  716  schedule designating the beginning and end of reporting periods
  717  as well as the corresponding designated due dates.
  718         (2)(a)1. All reports required of a candidate by this
  719  section shall be filed with the officer before whom the
  720  candidate is required by law to qualify. All candidates who file
  721  with the Department of State shall file their reports pursuant
  722  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  723  be filed not later than 5 p.m. of the day designated; however,
  724  any report postmarked by the United States Postal Service no
  725  later than midnight of the day designated is shall be deemed to
  726  have been filed in a timely manner. Any report received by the
  727  filing officer within 5 days after the designated due date that
  728  was delivered by the United States Postal Service is shall be
  729  deemed timely filed unless it has a postmark that indicates that
  730  the report was mailed after the designated due date. A
  731  certificate of mailing obtained from and dated by the United
  732  States Postal Service at the time of mailing, or a receipt from
  733  an established courier company, which bears a date on or before
  734  the date on which the report is due, suffices as shall be proof
  735  of mailing in a timely manner. Reports must shall contain
  736  information on of all previously unreported contributions
  737  received and expenditures made as of the preceding Friday,
  738  except that the report filed on the Friday immediately preceding
  739  the election must shall contain information on of all previously
  740  unreported contributions received and expenditures made as of
  741  the day preceding that designated due date. All such reports are
  742  shall be open to public inspection.
  743         2. This subsection does not prohibit the governing body of
  744  a political subdivision, by ordinance or resolution, from
  745  imposing upon its own officers and candidates electronic filing
  746  requirements not in conflict with s. 106.0705. Expenditure of
  747  public funds for such purpose is deemed to be for a valid public
  748  purpose.
  749         (b)1. Any report that is deemed to be incomplete by the
  750  officer with whom the candidate qualifies must shall be accepted
  751  on a conditional basis. The campaign treasurer shall be notified
  752  by certified mail or by another method using a common carrier
  753  that provides a proof of delivery of the notice as to why the
  754  report is incomplete and within 7 days after receipt of such
  755  notice must file an addendum to the report providing all
  756  information necessary to complete the report in compliance with
  757  this section. Failure to file a complete report after such
  758  notice constitutes a violation of this chapter.
  759         2. Notice is deemed complete upon proof of delivery of a
  760  written notice to the mailing or street address of the campaign
  761  treasurer or registered agent of record with the filing officer.
  762         (3) Reports required of a political committee shall be
  763  filed with the agency or officer before whom such committee
  764  registers pursuant to s. 106.03(3) and shall be subject to the
  765  same filing conditions as established for candidates’ reports.
  766  Incomplete reports by political committees shall be treated in
  767  the manner provided for incomplete reports by candidates in
  768  subsection (2).
  769         (4)(a) Except as provided in paragraph (b), each report
  770  required by this section must contain:
  771         1. The full name, address, and occupation, if any of each
  772  person who has made one or more contributions to or for such
  773  committee or candidate within the reporting period, together
  774  with the amount and date of such contributions. For
  775  corporations, the report must provide as clear a description as
  776  practicable of the principal type of business conducted by the
  777  corporation. However, if the contribution is $100 or less or is
  778  from a relative, as defined in s. 112.312, provided that the
  779  relationship is reported, the occupation of the contributor or
  780  the principal type of business need not be listed.
  781         2. The name and address of each political committee from
  782  which the reporting committee or the candidate received, or to
  783  which the reporting committee or candidate made, any transfer of
  784  funds, together with the amounts and dates of all transfers.
  785         3. Each loan for campaign purposes to or from any person or
  786  political committee within the reporting period, together with
  787  the full names, addresses, and occupations, and principal places
  788  of business, if any, of the lender and endorsers, if any, and
  789  the date and amount of such loans.
  790         4. A statement of each contribution, rebate, refund, or
  791  other receipt not otherwise listed under subparagraphs 1.
  792  through 3.
  793         5. The total sums of all loans, in-kind contributions, and
  794  other receipts by or for such committee or candidate during the
  795  reporting period. The reporting forms shall be designed to
  796  elicit separate totals for in-kind contributions, loans, and
  797  other receipts.
  798         6. The full name and address of each person to whom
  799  expenditures have been made by or on behalf of the committee or
  800  candidate within the reporting period; the amount, date, and
  801  purpose of each such expenditure; and the name and address of,
  802  and office sought by, each candidate on whose behalf such
  803  expenditure was made. However, expenditures made from the petty
  804  cash fund provided by s. 106.12 need not be reported
  805  individually.
  806         7. The full name and address of each person to whom an
  807  expenditure for personal services, salary, or reimbursement for
  808  authorized expenses as provided in s. 106.021(3) has been made
  809  and which is not otherwise reported, including the amount, date,
  810  and purpose of such expenditure. However, expenditures made from
  811  the petty cash fund provided for in s. 106.12 need not be
  812  reported individually. Receipts for reimbursement for authorized
  813  expenditures shall be retained by the treasurer along with the
  814  records for the campaign account.
  815         8. The total amount withdrawn and the total amount spent
  816  for petty cash purposes pursuant to this chapter during the
  817  reporting period.
  818         9. The total sum of expenditures made by such committee or
  819  candidate during the reporting period.
  820         10. The amount and nature of debts and obligations owed by
  821  or to the committee or candidate, which relate to the conduct of
  822  any political campaign.
  823         11. Transaction information for each credit card purchase.
  824  Receipts for each credit card purchase shall be retained by the
  825  treasurer with the records for the campaign account.
  826         12. The amount and nature of any separate interest-bearing
  827  accounts or certificates of deposit and identification of the
  828  financial institution in which such accounts or certificates of
  829  deposit are located.
  830         13. The primary purposes of an expenditure made indirectly
  831  through a campaign treasurer pursuant to s. 106.021(3) for goods
  832  and services such as communications media placement or
  833  procurement services, campaign signs, insurance, and other
  834  expenditures that include multiple components as part of the
  835  expenditure. The primary purpose of an expenditure shall be that
  836  purpose, including integral and directly related components,
  837  that comprises 80 percent of such expenditure.
  838         (b) Multiple uniform contributions from the same person,
  839  aggregating no more than $250 per calendar year, collected by an
  840  organization that is the affiliated sponsor of a political
  841  committee, may be reported by the political committee in an
  842  aggregate amount listing the number of contributors together
  843  with the amount contributed by each and the total amount
  844  contributed during the reporting period. The identity of each
  845  person making such uniform contribution must be reported to the
  846  filing officer as provided in subparagraph (a)1. by July 1 of
  847  each calendar year, or, in a general election year, no later
  848  than the 60th day immediately preceding the primary election.
  849         (c)(b) The filing officer shall make available to any
  850  candidate or committee a reporting form which the candidate or
  851  committee may use to indicate contributions received by the
  852  candidate or committee but returned to the contributor before
  853  deposit.
  854         (5) The candidate and his or her campaign treasurer, in the
  855  case of a candidate, or the political committee chair and
  856  campaign treasurer of the committee, in the case of a political
  857  committee, shall certify as to the correctness of each report;
  858  and each person so certifying shall bear the responsibility for
  859  the accuracy and veracity of each report. Any campaign
  860  treasurer, candidate, or political committee chair who willfully
  861  certifies the correctness of any report while knowing that such
  862  report is incorrect, false, or incomplete commits a misdemeanor
  863  of the first degree, punishable as provided in s. 775.082 or s.
  864  775.083.
  865         (6) The records maintained by the campaign depository with
  866  respect to any campaign account regulated by this chapter are
  867  subject to inspection by an agent of the Division of Elections
  868  or the Florida Elections Commission at any time during normal
  869  banking hours, and such depository shall furnish certified
  870  copies of any of such records to the Division of Elections or
  871  Florida Elections Commission upon request.
  872         (7) Notwithstanding any other provisions of this chapter,
  873  in any reporting period during which a candidate or, political
  874  committee, or committee of continuous existence has not received
  875  funds, made any contributions, or expended any reportable funds,
  876  the filing of the required report for that period is waived.
  877  However, the next report filed must specify that the report
  878  covers the entire period between the last submitted report and
  879  the report being filed, and any candidate or, political
  880  committee, or committee of continuous existence not reporting by
  881  virtue of this subsection on dates prescribed elsewhere in this
  882  chapter shall notify the filing officer in writing on the
  883  prescribed reporting date that no report is being filed on that
  884  date.
  885         (8)(a) Any candidate or political committee failing to file
  886  a report on the designated due date is subject to a fine as
  887  provided in paragraph (b) for each late day, and, in the case of
  888  a candidate, such fine shall be paid only from personal funds of
  889  the candidate. The fine shall be assessed by the filing officer
  890  and the moneys collected shall be deposited:
  891         1. In the General Revenue Fund, in the case of a candidate
  892  for state office or a political committee that registers with
  893  the Division of Elections; or
  894         2. In the general revenue fund of the political
  895  subdivision, in the case of a candidate for an office of a
  896  political subdivision or a political committee that registers
  897  with an officer of a political subdivision.
  898  
  899  No separate fine shall be assessed for failure to file a copy of
  900  any report required by this section.
  901         (b) Upon determining that a report is late, the filing
  902  officer shall immediately notify the candidate or chair of the
  903  political committee as to the failure to file a report by the
  904  designated due date and that a fine is being assessed for each
  905  late day. The fine is shall be $50 per day for the first 3 days
  906  late and, thereafter, $500 per day for each late day, not to
  907  exceed 25 percent of the total receipts or expenditures,
  908  whichever is greater, for the period covered by the late report.
  909  However, for the reports immediately preceding each special
  910  primary election, special election, primary election, and
  911  general election, the fine is shall be $500 per day for each
  912  late day, not to exceed 25 percent of the total receipts or
  913  expenditures, whichever is greater, for the period covered by
  914  the late report. For reports required under s. 106.141(8)
  915  106.141(7), the fine is $50 per day for each late day, not to
  916  exceed 25 percent of the total receipts or expenditures,
  917  whichever is greater, for the period covered by the late report.
  918  Upon receipt of the report, the filing officer shall determine
  919  the amount of the fine which is due and shall notify the
  920  candidate or chair or registered agent of the political
  921  committee. The filing officer shall determine the amount of the
  922  fine due based upon the earliest of the following:
  923         1. When the report is actually received by such officer.
  924         2. When the report is postmarked.
  925         3. When the certificate of mailing is dated.
  926         4. When the receipt from an established courier company is
  927  dated.
  928         5. When the electronic receipt issued pursuant to s.
  929  106.0705 or other electronic filing system authorized in this
  930  section is dated.
  931  
  932  Such fine shall be paid to the filing officer within 20 days
  933  after receipt of the notice of payment due, unless appeal is
  934  made to the Florida Elections Commission pursuant to paragraph
  935  (c). Notice is deemed complete upon proof of delivery of written
  936  notice to the mailing or street address on record with the
  937  filing officer. In the case of a candidate, such fine is shall
  938  not be an allowable campaign expenditure and shall be paid only
  939  from personal funds of the candidate. An officer or member of a
  940  political committee is shall not be personally liable for such
  941  fine.
  942         (c) Any candidate or chair of a political committee may
  943  appeal or dispute the fine, based upon, but not limited to,
  944  unusual circumstances surrounding the failure to file on the
  945  designated due date, and may request and shall be entitled to a
  946  hearing before the Florida Elections Commission, which shall
  947  have the authority to waive the fine in whole or in part. The
  948  Florida Elections Commission must consider the mitigating and
  949  aggravating circumstances contained in s. 106.265(2) when
  950  determining the amount of a fine, if any, to be waived. Any such
  951  request shall be made within 20 days after receipt of the notice
  952  of payment due. In such case, the candidate or chair of the
  953  political committee shall, within the 20-day period, notify the
  954  filing officer in writing of his or her intention to bring the
  955  matter before the commission.
  956         (d) The appropriate filing officer shall notify the Florida
  957  Elections Commission of the repeated late filing by a candidate
  958  or political committee, the failure of a candidate or political
  959  committee to file a report after notice, or the failure to pay
  960  the fine imposed. The commission shall investigate only those
  961  alleged late filing violations specifically identified by the
  962  filing officer and as set forth in the notification. Any other
  963  alleged violations must be separately stated and reported by the
  964  division to the commission under s. 106.25(2).
  965         (9) The Department of State may prescribe by rule the
  966  requirements for filing campaign treasurers’ reports as set
  967  forth in this chapter.
  968         Section 10. Section 106.0703, Florida Statutes, is
  969  reenacted and amended to read:
  970         106.0703 Electioneering communications organizations;
  971  reporting requirements; certification and filing; penalties.—
  972         (1)(a) Each electioneering communications organization
  973  shall file regular reports of all contributions received and all
  974  expenditures made by or on behalf of the organization. Except as
  975  provided in paragraphs (b) and (c), reports must shall be filed
  976  on the 10th day following the end of each calendar month quarter
  977  from the time the organization is registered. However, if the
  978  10th day following the end of a calendar month quarter occurs on
  979  a Saturday, Sunday, or legal holiday, the report must shall be
  980  filed on the next following day that is not a Saturday, Sunday,
  981  or legal holiday. Monthly Quarterly reports must shall include
  982  all contributions received and expenditures made during the
  983  calendar month quarter that have not otherwise been reported
  984  pursuant to this section.
  985         (b) For an electioneering communications organization
  986  required to file reports with the division, reports must be
  987  filed:
  988         1. On the 60th day immediately preceding the primary
  989  election, and each week thereafter, with the last weekly report
  990  being filed on the 11th day immediately preceding the general
  991  election.
  992         2. On the 10th day immediately preceding the general
  993  election, and every day thereafter, with the last daily report
  994  being filed the day before the general election Following the
  995  last day of candidates qualifying for office, the reports shall
  996  be filed on the 32nd, 18th, and 4th days immediately preceding
  997  the primary election and on the 46th, 32nd, 18th, and 4th days
  998  immediately preceding the general election.
  999         (c) For an electioneering communications organization
 1000  required to file reports with a filing officer other than the
 1001  division, reports must be filed on the 60th day immediately
 1002  preceding the primary election, and each week thereafter, with
 1003  the last weekly report being filed on the 4th day immediately
 1004  preceding the general election.
 1005         (d)(c) When a special election is called to fill a vacancy
 1006  in office, all electioneering communications organizations
 1007  making contributions or expenditures to influence the results of
 1008  the special election shall file reports with the filing officer
 1009  on the dates set by the Department of State pursuant to s.
 1010  100.111.
 1011         (e)(d) In addition to the reports required by paragraph
 1012  (a), an electioneering communications organization that is
 1013  registered with the Department of State and that makes a
 1014  contribution or expenditure to influence the results of a county
 1015  or municipal election that is not being held at the same time as
 1016  a state or federal election must file reports with the county or
 1017  municipal filing officer on the same dates as county or
 1018  municipal candidates or committees for that election. The
 1019  electioneering communications organization must also include the
 1020  expenditure in the next report filed with the Division of
 1021  Elections pursuant to this section following the county or
 1022  municipal election.
 1023         (f)(e) The filing officer shall make available to each
 1024  electioneering communications organization a schedule
 1025  designating the beginning and end of reporting periods as well
 1026  as the corresponding designated due dates.
 1027         (2)(a) Except as provided in s. 106.0705, the reports
 1028  required of an electioneering communications organization shall
 1029  be filed with the filing officer not later than 5 p.m. of the
 1030  day designated. However, any report postmarked by the United
 1031  States Postal Service no later than midnight of the day
 1032  designated shall be deemed to have been filed in a timely
 1033  manner. Any report received by the filing officer within 5 days
 1034  after the designated due date that was delivered by the United
 1035  States Postal Service shall be deemed timely filed unless it has
 1036  a postmark that indicates that the report was mailed after the
 1037  designated due date. A certificate of mailing obtained from and
 1038  dated by the United States Postal Service at the time of
 1039  mailing, or a receipt from an established courier company, which
 1040  bears a date on or before the date on which the report is due,
 1041  shall be proof of mailing in a timely manner. Reports shall
 1042  contain information of all previously unreported contributions
 1043  received and expenditures made as of the preceding Friday,
 1044  except that the report filed on the Friday immediately preceding
 1045  the election shall contain information of all previously
 1046  unreported contributions received and expenditures made as of
 1047  the day preceding the designated due date. All such reports
 1048  shall be open to public inspection.
 1049         (b)1. Any report that is deemed to be incomplete by the
 1050  officer with whom the electioneering communications organization
 1051  files shall be accepted on a conditional basis. The treasurer of
 1052  the electioneering communications organization shall be
 1053  notified, by certified mail or other common carrier that can
 1054  establish proof of delivery for the notice, as to why the report
 1055  is incomplete. Within 7 days after receipt of such notice, the
 1056  treasurer must file an addendum to the report providing all
 1057  information necessary to complete the report in compliance with
 1058  this section. Failure to file a complete report after such
 1059  notice constitutes a violation of this chapter.
 1060         2. Notice is deemed sufficient upon proof of delivery of
 1061  written notice to the mailing or street address of the treasurer
 1062  or registered agent of the electioneering communication
 1063  organization on record with the filing officer.
 1064         (3)(a) Each report required by this section must contain:
 1065         1. The full name, address, and occupation, if any, of each
 1066  person who has made one or more contributions to or for such
 1067  electioneering communications organization within the reporting
 1068  period, together with the amount and date of such contributions.
 1069  For corporations, the report must provide as clear a description
 1070  as practicable of the principal type of business conducted by
 1071  the corporation. However, if the contribution is $100 or less,
 1072  the occupation of the contributor or the principal type of
 1073  business need not be listed.
 1074         2. The name and address of each political committee from
 1075  which or to which the reporting electioneering communications
 1076  organization made any transfer of funds, together with the
 1077  amounts and dates of all transfers.
 1078         3. Each loan for electioneering communication purposes to
 1079  or from any person or political committee within the reporting
 1080  period, together with the full names, addresses, and occupations
 1081  and principal places of business, if any, of the lender and
 1082  endorsers, if any, and the date and amount of such loans.
 1083         4. A statement of each contribution, rebate, refund, or
 1084  other receipt not otherwise listed under subparagraphs 1.-3.
 1085         5. The total sums of all loans, in-kind contributions, and
 1086  other receipts by or for such electioneering communications
 1087  organization during the reporting period. The reporting forms
 1088  shall be designed to elicit separate totals for in-kind
 1089  contributions, loans, and other receipts.
 1090         6. The full name and address of each person to whom
 1091  expenditures have been made by or on behalf of the
 1092  electioneering communications organization within the reporting
 1093  period and the amount, date, and purpose of each expenditure.
 1094         7. The full name and address of each person to whom an
 1095  expenditure for personal services, salary, or reimbursement for
 1096  expenses has been made and that is not otherwise reported,
 1097  including the amount, date, and purpose of the expenditure.
 1098         8. The total sum of expenditures made by the electioneering
 1099  communications organization during the reporting period.
 1100         9. The amount and nature of debts and obligations owed by
 1101  or to the electioneering communications organization that relate
 1102  to the conduct of any electioneering communication.
 1103         10. Transaction information for each credit card purchase.
 1104  Receipts for each credit card purchase shall be retained by the
 1105  electioneering communications organization.
 1106         11. The amount and nature of any separate interest-bearing
 1107  accounts or certificates of deposit and identification of the
 1108  financial institution in which such accounts or certificates of
 1109  deposit are located.
 1110         12. The primary purposes of an expenditure made indirectly
 1111  through an electioneering communications organization for goods
 1112  and services, such as communications media placement or
 1113  procurement services and other expenditures that include
 1114  multiple components as part of the expenditure. The primary
 1115  purpose of an expenditure shall be that purpose, including
 1116  integral and directly related components, that comprises 80
 1117  percent of such expenditure.
 1118         (b) The filing officer shall make available to any
 1119  electioneering communications organization a reporting form
 1120  which the electioneering communications organization may use to
 1121  indicate contributions received by the electioneering
 1122  communications organization but returned to the contributor
 1123  before deposit.
 1124         (4) The treasurer of the electioneering communications
 1125  organization shall certify as to the correctness of each report,
 1126  and each person so certifying shall bear the responsibility for
 1127  the accuracy and veracity of each report. Any treasurer who
 1128  willfully certifies the correctness of any report while knowing
 1129  that such report is incorrect, false, or incomplete commits a
 1130  misdemeanor of the first degree, punishable as provided in s.
 1131  775.082 or s. 775.083.
 1132         (5) The electioneering communications organization
 1133  depository shall provide statements reflecting deposits and
 1134  expenditures from the account to the treasurer, who shall retain
 1135  the records pursuant to s. 106.06. The records maintained by the
 1136  depository with respect to the account shall be subject to
 1137  inspection by an agent of the Division of Elections or the
 1138  Florida Elections Commission at any time during normal banking
 1139  hours, and such depository shall furnish certified copies of any
 1140  such records to the Division of Elections or the Florida
 1141  Elections Commission upon request.
 1142         (6) Notwithstanding any other provisions of this chapter,
 1143  in any reporting period during which an electioneering
 1144  communications organization has not received funds, made any
 1145  contributions, or expended any reportable funds, the treasurer
 1146  shall file a written report with the filing officer by the
 1147  prescribed reporting date that no reportable contributions or
 1148  expenditures were made during the reporting period.
 1149         (7)(a) Any electioneering communications organization
 1150  failing to file a report on the designated due date shall be
 1151  subject to a fine as provided in paragraph (b) for each late
 1152  day. The fine shall be assessed by the filing officer, and the
 1153  moneys collected shall be deposited:
 1154         1. In the General Revenue Fund, in the case of an
 1155  electioneering communications organization that registers with
 1156  the Division of Elections; or
 1157         2. In the general revenue fund of the political
 1158  subdivision, in the case of an electioneering communications
 1159  organization that registers with an officer of a political
 1160  subdivision.
 1161  
 1162  No separate fine shall be assessed for failure to file a copy of
 1163  any report required by this section.
 1164         (b) Upon determining that a report is late, the filing
 1165  officer shall immediately notify the electioneering
 1166  communications organization as to the failure to file a report
 1167  by the designated due date and that a fine is being assessed for
 1168  each late day. The fine shall be $50 per day for the first 3
 1169  days late and, thereafter, $500 per day for each late day, not
 1170  to exceed 25 percent of the total receipts or expenditures,
 1171  whichever is greater, for the period covered by the late report.
 1172  However, for the reports immediately preceding each primary and
 1173  general election, the fine shall be $500 per day for each late
 1174  day, not to exceed 25 percent of the total receipts or
 1175  expenditures, whichever is greater, for the period covered by
 1176  the late report. Upon receipt of the report, the filing officer
 1177  shall determine the amount of the fine which is due and shall
 1178  notify the electioneering communications organization. The
 1179  filing officer shall determine the amount of the fine due based
 1180  upon the earliest of the following:
 1181         1. When the report is actually received by such officer.
 1182         2. When the report is postmarked.
 1183         3. When the certificate of mailing is dated.
 1184         4. When the receipt from an established courier company is
 1185  dated.
 1186         5. When the electronic receipt issued pursuant to s.
 1187  106.0705 or other electronic filing system authorized in this
 1188  section is dated.
 1189  
 1190  Such fine shall be paid to the filing officer within 20 days
 1191  after receipt of the notice of payment due, unless appeal is
 1192  made to the Florida Elections Commission pursuant to paragraph
 1193  (c). Notice is deemed sufficient upon proof of delivery of
 1194  written notice to the mailing or street address on record with
 1195  the filing officer. An officer or member of an electioneering
 1196  communications organization shall not be personally liable for
 1197  such fine.
 1198         (c) The treasurer of an electioneering communications
 1199  organization may appeal or dispute the fine, based upon, but not
 1200  limited to, unusual circumstances surrounding the failure to
 1201  file on the designated due date, and may request and shall be
 1202  entitled to a hearing before the Florida Elections Commission,
 1203  which shall have the authority to waive the fine in whole or in
 1204  part. The Florida Elections Commission must consider the
 1205  mitigating and aggravating circumstances contained in s.
 1206  106.265(2) when determining the amount of a fine, if any, to be
 1207  waived. Any such request shall be made within 20 days after
 1208  receipt of the notice of payment due. In such case, the
 1209  treasurer of the electioneering communications organization
 1210  shall, within the 20-day period, notify the filing officer in
 1211  writing of his or her intention to bring the matter before the
 1212  commission.
 1213         (d) The appropriate filing officer shall notify the Florida
 1214  Elections Commission of the repeated late filing by an
 1215  electioneering communications organization, the failure of an
 1216  electioneering communications organization to file a report
 1217  after notice, or the failure to pay the fine imposed. The
 1218  commission shall investigate only those alleged late filing
 1219  violations specifically identified by the filing officer and as
 1220  set forth in the notification. Any other alleged violations must
 1221  be stated separately and reported by the division to the
 1222  commission under s. 106.25(2).
 1223         (8) Electioneering communications organizations shall not
 1224  use credit cards.
 1225         Section 11. Section 106.0705, Florida Statutes, is
 1226  reenacted and amended to read:
 1227         106.0705 Electronic filing of campaign treasurer’s
 1228  reports.—
 1229         (1) As used in this section, “electronic filing system”
 1230  means an Internet system for recording and reporting campaign
 1231  finance activity by reporting period.
 1232         (2)(a) Each individual who is required to file reports with
 1233  the division pursuant to s. 106.07 or s. 106.141 must file such
 1234  reports by means of the division’s electronic filing system.
 1235         (b) Each political committee, committee of continuous
 1236  existence, electioneering communications organization,
 1237  affiliated party committee, or state executive committee that is
 1238  required to file reports with the division under s. 106.04, s.
 1239  106.07, s. 106.0703, or s. 106.29, as applicable, must file such
 1240  reports with the division by means of the division’s electronic
 1241  filing system.
 1242         (c) Each person or organization that is required to file
 1243  reports with the division under s. 106.071 must file such
 1244  reports by means of the division’s electronic filing system.
 1245         (3) Reports filed pursuant to this section shall be
 1246  completed and filed through the electronic filing system not
 1247  later than midnight of the day designated. Reports not filed by
 1248  midnight of the day designated are late filed and are subject to
 1249  the penalties under s. 106.04(9), s. 106.07(8), s. 106.0703(7),
 1250  or s. 106.29(3), as applicable.
 1251         (4) Each report filed pursuant to this section is
 1252  considered to be under oath by the candidate and treasurer, the
 1253  chair and treasurer, the treasurer under s. 106.0703, or the
 1254  leader and treasurer under s. 103.092, whichever is applicable,
 1255  and such persons are subject to the provisions of s.
 1256  106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as
 1257  applicable. Persons given a secure sign-on to the electronic
 1258  filing system are responsible for protecting such from
 1259  disclosure and are responsible for all filings using such
 1260  credentials, unless they have notified the division that their
 1261  credentials have been compromised.
 1262         (5) The electronic filing system developed by the division
 1263  must:
 1264         (a) Be based on access by means of the Internet.
 1265         (b) Be accessible by anyone with Internet access using
 1266  standard web-browsing software.
 1267         (c) Provide for direct entry of campaign finance
 1268  information as well as upload of such information from campaign
 1269  finance software certified by the division.
 1270         (d) Provide a method that prevents unauthorized access to
 1271  electronic filing system functions.
 1272         (6) The division shall adopt rules pursuant to ss.
 1273  120.536(1) and 120.54 to administer this section and provide for
 1274  the reports required to be filed pursuant to this section. Such
 1275  rules shall, at a minimum, provide:
 1276         (a) Alternate filing procedures in case the division’s
 1277  electronic filing system is not operable.
 1278         (b) For the issuance of an electronic receipt to the person
 1279  submitting the report indicating and verifying that the report
 1280  has been filed.
 1281         Section 12. Section 106.08, Florida Statutes, is amended to
 1282  read:
 1283         106.08 Contributions; limitations on.—
 1284         (1)(a) Except for political parties or affiliated party
 1285  committees, no person or, political committee, or committee of
 1286  continuous existence may, in any election, make contributions in
 1287  excess of the following amounts: in excess of $500 to any
 1288  candidate for election to or retention in office or to any
 1289  political committee supporting or opposing one or more
 1290  candidates.
 1291         1. To a candidate for statewide office or for retention as
 1292  a justice of the Supreme Court, $3,000. Candidates for the
 1293  offices of Governor and Lieutenant Governor on the same ticket
 1294  are considered a single candidate for the purpose of this
 1295  subparagraph section.
 1296         2. To a candidate for retention as a judge of a district
 1297  court of appeal, $2,000.
 1298         3. To a candidate for legislative or multicounty office; a
 1299  candidate for countywide office or in any election conducted on
 1300  less than a countywide basis; or a candidate for county court
 1301  judge or circuit judge, $500.
 1302         (b)1. The contribution limits provided in this subsection
 1303  do not apply to contributions made by a state or county
 1304  executive committee of a political party or affiliated party
 1305  committee regulated by chapter 103 or to amounts contributed by
 1306  a candidate to his or her own campaign.
 1307         2. Notwithstanding the limits provided in this subsection,
 1308  an unemancipated child under the age of 18 years of age may not
 1309  make a contribution in excess of $100 to any candidate or to any
 1310  political committee supporting one or more candidates.
 1311         (c) The contribution limits of this subsection apply to
 1312  each election. For purposes of this subsection, the primary
 1313  election and general election are separate elections so long as
 1314  the candidate is not an unopposed candidate as defined in s.
 1315  106.011 106.011(15). However, for the purpose of contribution
 1316  limits with respect to candidates for retention as a justice or
 1317  judge, there is only one election, which is the general
 1318  election.
 1319         (2)(a) A candidate may not accept contributions from a
 1320  county executive committee of a political party whose
 1321  contributions in the aggregate exceed $50,000, or from the
 1322  national, or state, or county executive committees of a
 1323  political party, including any subordinate committee of such
 1324  political party or affiliated party committees, whose which
 1325  contributions in the aggregate exceed $50,000.
 1326         (b) A candidate for statewide office may not accept
 1327  contributions from national, state, or county executive
 1328  committees of a political party, including any subordinate
 1329  committee of the political party, or affiliated party
 1330  committees, which contributions in the aggregate exceed
 1331  $250,000. Polling services, research services, costs for
 1332  campaign staff, professional consulting services, and telephone
 1333  calls are not contributions to be counted toward the
 1334  contribution limits of paragraph (a) or this paragraph. Any item
 1335  not expressly identified in this paragraph as nonallocable is a
 1336  contribution in an amount equal to the fair market value of the
 1337  item and must be counted as allocable toward the contribution
 1338  limits of paragraph (a) or this paragraph. Nonallocable, in-kind
 1339  contributions must be reported by the candidate under s. 106.07
 1340  and by the political party or affiliated party committee under
 1341  s. 106.29.
 1342         (3)(a) Any contribution received by a candidate with
 1343  opposition in an election or by the campaign treasurer or a
 1344  deputy campaign treasurer of such a candidate on the day of that
 1345  election or less than 5 days before prior to the day of that
 1346  election must be returned by him or her to the person or
 1347  committee contributing it and may not be used or expended by or
 1348  on behalf of the candidate.
 1349         (b) Any contribution received by a candidate or by the
 1350  campaign treasurer or a deputy campaign treasurer of a candidate
 1351  after the date at which the candidate withdraws his or her
 1352  candidacy, or after the date the candidate is defeated, becomes
 1353  unopposed, or is elected to office must be returned to the
 1354  person or committee contributing it and may not be used or
 1355  expended by or on behalf of the candidate.
 1356         (4) Any contribution received by the chair, campaign
 1357  treasurer, or deputy campaign treasurer of a political committee
 1358  supporting or opposing a candidate with opposition in an
 1359  election or supporting or opposing an issue on the ballot in an
 1360  election on the day of that election or less than 5 days before
 1361  prior to the day of that election may not be obligated or
 1362  expended by the committee until after the date of the election.
 1363         (5)(a) A person may not make any contribution through or in
 1364  the name of another, directly or indirectly, in any election.
 1365         (b) Candidates, political committees, affiliated party
 1366  committees, and political parties may not solicit contributions
 1367  from any religious, charitable, civic, or other causes or
 1368  organizations established primarily for the public good.
 1369         (c) Candidates, political committees, affiliated party
 1370  committees, and political parties may not make contributions, in
 1371  exchange for political support, to any religious, charitable,
 1372  civic, or other cause or organization established primarily for
 1373  the public good. It is not a violation of this paragraph for:
 1374         1. A candidate, political committee, affiliated party
 1375  committee, or political party executive committee to make gifts
 1376  of money in lieu of flowers in memory of a deceased person;
 1377         2. A candidate to continue membership in, or make regular
 1378  donations from personal or business funds to, religious,
 1379  political party, affiliated party committee, civic, or
 1380  charitable groups of which the candidate is a member or to which
 1381  the candidate has been a regular donor for more than 6 months;
 1382  or
 1383         3. A candidate to purchase, with campaign funds, tickets,
 1384  admission to events, or advertisements from religious, civic,
 1385  political party, affiliated party committee, or charitable
 1386  groups.
 1387         (6)(a) A political party or affiliated party committee may
 1388  not accept any contribution that has been specifically
 1389  designated for the partial or exclusive use of a particular
 1390  candidate. Any contribution so designated must be returned to
 1391  the contributor and may not be used or expended by or on behalf
 1392  of the candidate. Funds contributed to an affiliated party
 1393  committee may shall not be deemed as designated for the partial
 1394  or exclusive use of a leader as defined in s. 103.092.
 1395         (b)1. A political party or affiliated party committee may
 1396  not accept any in-kind contribution that fails to provide a
 1397  direct benefit to the political party or affiliated party
 1398  committee. A “direct benefit” includes, but is not limited to,
 1399  fundraising or furthering the objectives of the political party
 1400  or affiliated party committee.
 1401         2.a. An in-kind contribution to a state political party may
 1402  be accepted only by the chairperson of the state political party
 1403  or by the chairperson’s designee or designees whose names are on
 1404  file with the division in a form acceptable to the division
 1405  before prior to the date of the written notice required in sub
 1406  subparagraph b. An in-kind contribution to a county political
 1407  party may be accepted only by the chairperson of the county
 1408  political party or by the county chairperson’s designee or
 1409  designees whose names are on file with the supervisor of
 1410  elections of the respective county before prior to the date of
 1411  the written notice required in sub-subparagraph b. An in-kind
 1412  contribution to an affiliated party committee may be accepted
 1413  only by the leader of the affiliated party committee as defined
 1414  in s. 103.092 or by the leader’s designee or designees whose
 1415  names are on file with the division in a form acceptable to the
 1416  division before prior to the date of the written notice required
 1417  in sub-subparagraph b.
 1418         b. A person making an in-kind contribution to a state or
 1419  county political party or affiliated party committee must
 1420  provide prior written notice of the contribution to a person
 1421  described in sub-subparagraph a. The prior written notice must
 1422  be signed and dated and may be provided by an electronic or
 1423  facsimile message. However, prior written notice is not required
 1424  for an in-kind contribution that consists of food and beverage
 1425  in an aggregate amount not exceeding $1,500 which is consumed at
 1426  a single sitting or event if such in-kind contribution is
 1427  accepted in advance by a person specified in sub-subparagraph a.
 1428         c. A person described in sub-subparagraph a. may accept an
 1429  in-kind contribution requiring prior written notice only in a
 1430  writing that is dated before the in-kind contribution is made.
 1431  Failure to obtain the required written acceptance of an in-kind
 1432  contribution to a state or county political party or affiliated
 1433  party committee constitutes a refusal of the contribution.
 1434         d. A copy of each prior written acceptance required under
 1435  sub-subparagraph c. must be filed at the time the regular
 1436  reports of contributions and expenditures required under s.
 1437  106.29 are filed by the state executive committee, county
 1438  executive committee, and affiliated party committee. A state
 1439  executive committee and an affiliated party committee must file
 1440  with the division. A county executive committee must file with
 1441  the county’s supervisor of elections.
 1442         e. An in-kind contribution may not be given to a state or
 1443  county political party or affiliated party committee unless the
 1444  in-kind contribution is made as provided in this subparagraph.
 1445         (7)(a) Any person who knowingly and willfully makes or
 1446  accepts no more than one contribution in violation of subsection
 1447  (1) or subsection (5), or any person who knowingly and willfully
 1448  fails or refuses to return any contribution as required in
 1449  subsection (3), commits a misdemeanor of the first degree,
 1450  punishable as provided in s. 775.082 or s. 775.083. If any
 1451  corporation, partnership, or other business entity or any
 1452  political party, affiliated party committee, political
 1453  committee, committee of continuous existence, or electioneering
 1454  communications organization is convicted of knowingly and
 1455  willfully violating any provision punishable under this
 1456  paragraph, it shall be fined not less than $1,000 and not more
 1457  than $10,000. If it is a domestic entity, it may be ordered
 1458  dissolved by a court of competent jurisdiction; if it is a
 1459  foreign or nonresident business entity, its right to do business
 1460  in this state may be forfeited. Any officer, partner, agent,
 1461  attorney, or other representative of a corporation, partnership,
 1462  or other business entity, or of a political party, affiliated
 1463  party committee, political committee, committee of continuous
 1464  existence, electioneering communications organization, or
 1465  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1466  of the Internal Revenue Code, who aids, abets, advises, or
 1467  participates in a violation of any provision punishable under
 1468  this paragraph commits a misdemeanor of the first degree,
 1469  punishable as provided in s. 775.082 or s. 775.083.
 1470         (b) Any person who knowingly and willfully makes or accepts
 1471  two or more contributions in violation of subsection (1) or
 1472  subsection (5) commits a felony of the third degree, punishable
 1473  as provided in s. 775.082, s. 775.083, or s. 775.084. If any
 1474  corporation, partnership, or other business entity or any
 1475  political party, affiliated party committee, political
 1476  committee, committee of continuous existence, or electioneering
 1477  communications organization is convicted of knowingly and
 1478  willfully violating any provision punishable under this
 1479  paragraph, it shall be fined not less than $10,000 and not more
 1480  than $50,000. If it is a domestic entity, it may be ordered
 1481  dissolved by a court of competent jurisdiction; if it is a
 1482  foreign or nonresident business entity, its right to do business
 1483  in this state may be forfeited. Any officer, partner, agent,
 1484  attorney, or other representative of a corporation, partnership,
 1485  or other business entity, or of a political committee, committee
 1486  of continuous existence, political party, affiliated party
 1487  committee, or electioneering communications organization, or
 1488  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1489  of the Internal Revenue Code, who aids, abets, advises, or
 1490  participates in a violation of any provision punishable under
 1491  this paragraph commits a felony of the third degree, punishable
 1492  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1493         (8) Except when otherwise provided in subsection (7), any
 1494  person who knowingly and willfully violates any provision of
 1495  this section shall, in addition to any other penalty prescribed
 1496  by this chapter, pay to the state a sum equal to twice the
 1497  amount contributed in violation of this chapter. Each campaign
 1498  treasurer shall pay all amounts contributed in violation of this
 1499  section to the state for deposit in the General Revenue Fund.
 1500         (9) This section does not apply to the transfer of funds
 1501  between a primary campaign depository and a savings account or
 1502  certificate of deposit or to any interest earned on such account
 1503  or certificate.
 1504         (10) Contributions to a political committee or committee of
 1505  continuous existence may be received by an affiliated
 1506  organization and transferred to the bank account of the
 1507  political committee or committee of continuous existence via
 1508  check written from the affiliated organization if such
 1509  contributions are specifically identified as intended to be
 1510  contributed to the political committee or committee of
 1511  continuous existence. All contributions received in this manner
 1512  shall be reported pursuant to s. 106.07 by the political
 1513  committee or committee of continuous existence as having been
 1514  made by the original contributor.
 1515         Section 13. Section 106.11, Florida Statutes, is reenacted
 1516  and amended to read:
 1517         106.11 Expenses of and expenditures by candidates and
 1518  political committees.—Each candidate and each political
 1519  committee which designates a primary campaign depository
 1520  pursuant to s. 106.021(1) shall make expenditures from funds on
 1521  deposit in such primary campaign depository only in the
 1522  following manner, with the exception of expenditures made from
 1523  petty cash funds provided by s. 106.12:
 1524         (1)(a)1. The campaign treasurer or deputy campaign
 1525  treasurer of a candidate or political committee shall make
 1526  expenditures from funds on deposit in the primary campaign
 1527  depository only by means of a bank check drawn upon the campaign
 1528  account of the candidate or political committee. The campaign
 1529  account shall be separate from any personal or other account and
 1530  shall be used only for the purpose of depositing contributions
 1531  and making expenditures for the candidate or political
 1532  committee.
 1533         2. An expenditure by a political committee must also be
 1534  primarily related to raising or making a contribution,
 1535  influencing the results of an election, making an electioneering
 1536  communication, or other political activity authorized by this
 1537  chapter. A violation of this subparagraph is punishable solely
 1538  as provided in s. 106.19(2).
 1539         (b) The checks for such account shall contain, as a
 1540  minimum, the following information:
 1541         1. The statement “...(name of the campaign account of the
 1542  candidate or political committee.)... Campaign Account.”
 1543         2. The account number and the name of the bank.
 1544         3. The exact amount of the expenditure.
 1545         4. The signature of the campaign treasurer or deputy
 1546  treasurer.
 1547         5. The exact purpose for which the expenditure is
 1548  authorized.
 1549         6. The name of the payee.
 1550         (2)(a) For purposes of this section, debit cards are
 1551  considered bank checks, if:
 1552         1. Debit cards are obtained from the same bank that has
 1553  been designated as the candidate’s or political committee’s
 1554  primary campaign depository.
 1555         2. Debit cards are issued in the name of the treasurer,
 1556  deputy treasurer, or authorized user and contain the state
 1557  “...(name of the campaign account of the candidate or political
 1558  committee.)... Campaign Account.”
 1559         3. No more than three debit cards are requested and issued.
 1560         4. The person using the debit card does not receive cash as
 1561  part of, or independent of, any transaction for goods or
 1562  services.
 1563         5. All receipts for debit card transactions contain:
 1564         a. The last four digits of the debit card number.
 1565         b. The exact amount of the expenditure.
 1566         c. The name of the payee.
 1567         d. The signature of the campaign treasurer, deputy
 1568  treasurer, or authorized user.
 1569         e. The exact purpose for which the expenditure is
 1570  authorized.
 1571  
 1572  Any information required by this subparagraph but not included
 1573  on the debit card transaction receipt may be handwritten on, or
 1574  attached to, the receipt by the authorized user before
 1575  submission to the treasurer.
 1576         (b) Debit cards are not subject to the requirements of
 1577  paragraph (1)(b).
 1578         (3) The campaign treasurer, deputy treasurer, or authorized
 1579  user who signs the check shall be responsible for the
 1580  completeness and accuracy of the information on such check and
 1581  for insuring that such expenditure is an authorized expenditure.
 1582         (4) No candidate, campaign manager, treasurer, deputy
 1583  treasurer, or political committee or any officer or agent
 1584  thereof, or any person acting on behalf of any of the foregoing,
 1585  shall authorize any expenses, nor shall any campaign treasurer
 1586  or deputy treasurer sign a check drawn on the primary campaign
 1587  account for any purpose, unless there are sufficient funds on
 1588  deposit in the primary depository account of the candidate or
 1589  political committee to pay the full amount of the authorized
 1590  expense, to honor all other checks drawn on such account, which
 1591  checks are outstanding, and to meet all expenses previously
 1592  authorized but not yet paid. However, an expense may be incurred
 1593  for the purchase of goods or services if there are sufficient
 1594  funds on deposit in the primary depository account to pay the
 1595  full amount of the incurred expense, to honor all checks drawn
 1596  on such account, which checks are outstanding, and to meet all
 1597  other expenses previously authorized but not yet paid, provided
 1598  that payment for such goods or services is made upon final
 1599  delivery and acceptance of the goods or services; and an
 1600  expenditure from petty cash pursuant to the provisions of s.
 1601  106.12 may be authorized, if there is a sufficient amount of
 1602  money in the petty cash fund to pay for such expenditure.
 1603  Payment for credit card purchases shall be made pursuant to s.
 1604  106.125. Any expense incurred or authorized in excess of such
 1605  funds on deposit shall, in addition to other penalties provided
 1606  by law, constitute a violation of this chapter. As used in this
 1607  subsection, the term “sufficient funds on deposit in the primary
 1608  depository account of the candidate or political committee”
 1609  means that the funds at issue have been delivered for deposit to
 1610  the financial institution at which such account is maintained.
 1611  The term shall not be construed to mean that such funds are
 1612  available for withdrawal in accordance with the deposit rules or
 1613  the funds availability policies of such financial institution.
 1614         (5) A candidate who withdraws his or her candidacy, becomes
 1615  an unopposed candidate, or is eliminated as a candidate or
 1616  elected to office may expend funds from the campaign account to:
 1617         (a) Purchase “thank you” advertising for up to 75 days
 1618  after he or she withdraws, becomes unopposed, or is eliminated
 1619  or elected.
 1620         (b) Pay for items which were obligated before he or she
 1621  withdrew, became unopposed, or was eliminated or elected.
 1622         (c) Pay for expenditures necessary to close down the
 1623  campaign office and to prepare final campaign reports.
 1624         (d) Dispose of surplus funds as provided in s. 106.141.
 1625         (6) A candidate who makes a loan to his or her campaign and
 1626  reports the loan as required by s. 106.07 may be reimbursed for
 1627  the loan at any time the campaign account has sufficient funds
 1628  to repay the loan and satisfy its other obligations.
 1629         Section 14. Section 106.141, Florida Statutes, is amended
 1630  to read:
 1631         106.141 Disposition of surplus funds by candidates.—
 1632         (1) Except as provided in subsection (6), each candidate
 1633  who withdraws his or her candidacy, becomes an unopposed
 1634  candidate, or is eliminated as a candidate or elected to office
 1635  shall, within 90 days, dispose of the funds on deposit in his or
 1636  her campaign account and file a report reflecting the
 1637  disposition of all remaining funds. Such candidate may shall not
 1638  accept any contributions, nor may shall any person accept
 1639  contributions on behalf of such candidate, after the candidate
 1640  withdraws his or her candidacy, becomes unopposed, or is
 1641  eliminated or elected. However, if a candidate receives a refund
 1642  check after all surplus funds have been disposed of, the check
 1643  may be endorsed by the candidate and the refund disposed of
 1644  under this section. An amended report must be filed showing the
 1645  refund and subsequent disposition.
 1646         (2) Any candidate required to dispose of funds pursuant to
 1647  this section may, before prior to such disposition, be
 1648  reimbursed by the campaign, in full or in part, for any reported
 1649  contributions by the candidate to the campaign.
 1650         (3) The campaign treasurer of a candidate who withdraws his
 1651  or her candidacy, becomes unopposed, or is eliminated as a
 1652  candidate or elected to office and who has funds on deposit in a
 1653  separate interest-bearing account or certificate of deposit
 1654  shall, within 7 days after the date of becoming unopposed or the
 1655  date of such withdrawal, elimination, or election, transfer such
 1656  funds and the accumulated interest earned thereon to the
 1657  campaign account of the candidate for disposal under this
 1658  section. However, if the funds are in an account in which
 1659  penalties will apply for withdrawal within the 7-day period, the
 1660  campaign treasurer shall transfer such funds and the accumulated
 1661  interest earned thereon as soon as the funds can be withdrawn
 1662  without penalty, or within 90 days after the candidate becomes
 1663  unopposed, withdraws his or her candidacy, or is eliminated or
 1664  elected, whichever comes first.
 1665         (4)(a) Except as provided in paragraph (b), any candidate
 1666  required to dispose of funds pursuant to this section shall, at
 1667  the option of the candidate, dispose of such funds by any of the
 1668  following means, or any combination thereof:
 1669         1. Return pro rata to each contributor the funds that have
 1670  not been spent or obligated.
 1671         2. Donate the funds that have not been spent or obligated
 1672  to a charitable organization or organizations that meet the
 1673  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 1674         3. Give not more than $25,000 of the funds that have not
 1675  been spent or obligated to the affiliated party committee or
 1676  political party of which such candidate is a member.
 1677         4. Give the funds that have not been spent or obligated:
 1678         a. In the case of a candidate for state office, to the
 1679  state, to be deposited in either the Election Campaign Financing
 1680  Trust Fund or the General Revenue Fund, as designated by the
 1681  candidate; or
 1682         b. In the case of a candidate for an office of a political
 1683  subdivision, to such political subdivision, to be deposited in
 1684  the general fund thereof.
 1685         (b) Any candidate required to dispose of funds pursuant to
 1686  this section who has received contributions pursuant to the
 1687  Florida Election Campaign Financing Act shall, after all
 1688  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
 1689  been met, return all surplus campaign funds to the General
 1690  Revenue Fund.
 1691         (5) A candidate elected to office or a candidate who will
 1692  be elected to office by virtue of his or her being unopposed
 1693  may, in addition to the disposition methods provided in
 1694  subsection (4), transfer from the campaign account to an office
 1695  account any amount of the funds on deposit in such campaign
 1696  account up to:
 1697         (a) Fifty Twenty thousand dollars, for a candidate for
 1698  statewide office. The Governor and Lieutenant Governor shall be
 1699  considered separate candidates for the purpose of this section.
 1700         (b) Ten Five thousand dollars, for a candidate for
 1701  multicounty office.
 1702         (c) Ten Five thousand dollars multiplied by the number of
 1703  years in the term of office for which elected, for a candidate
 1704  for legislative office.
 1705         (d) Five thousand Two thousand five hundred dollars
 1706  multiplied by the number of years in the term of office for
 1707  which elected, for a candidate for county office or for a
 1708  candidate in any election conducted on less than a countywide
 1709  basis.
 1710         (e) Six thousand dollars, for a candidate for retention as
 1711  a justice of the Supreme Court.
 1712         (f) Three thousand dollars, for a candidate for retention
 1713  as a judge of a district court of appeal.
 1714         (g) Three thousand One thousand five hundred dollars, for a
 1715  candidate for county court judge or circuit judge.
 1716  
 1717  The office account established pursuant to this subsection shall
 1718  be separate from any personal or other account. Any funds so
 1719  transferred by a candidate shall be used only for legitimate
 1720  expenses in connection with the candidate’s public office. Such
 1721  expenses may include travel expenses incurred by the officer or
 1722  a staff member;, personal taxes payable on office account funds
 1723  by the candidate or elected public official; professional
 1724  services provided by a certified public accountant or attorney
 1725  for preparation of the elected public official’s financial
 1726  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
 1727  to prepare, print, produce, and mail holiday cards or
 1728  newsletters about the elected public official’s public business
 1729  to constituents, if such correspondence does not constitute a
 1730  political advertisement, independent expenditure, or
 1731  electioneering communication as provided in s. 106.011; fees or
 1732  dues to religious, civic, or charitable organizations of which
 1733  the elected public official is a member; items of modest value
 1734  such as flowers, greeting cards, or personal notes given as a
 1735  substitute for, or in association with, an elected public
 1736  official’s personal attendance at a constituent’s special event
 1737  or family occasion, such as the birth of a child, graduation,
 1738  wedding, or funeral; personal expenses incurred by the elected
 1739  public official in connection with attending a constituent
 1740  meeting or event where public policy is discussed, if such
 1741  meetings or events are limited to no more than once a week;, or
 1742  expenses incurred in the operation of the elected public
 1743  official’s his or her office, including the employment of
 1744  additional staff. The funds may be deposited in a savings
 1745  account; however, all deposits, withdrawals, and interest earned
 1746  thereon shall be reported at the appropriate reporting period.
 1747  If a candidate is reelected to office or elected to another
 1748  office and has funds remaining in his or her office account, he
 1749  or she may transfer surplus campaign funds to the office
 1750  account. At no time may the funds in the office account exceed
 1751  the limitation imposed by this subsection. Upon leaving public
 1752  office, any person who has funds in an office account pursuant
 1753  to this subsection remaining on deposit shall give such funds to
 1754  a charitable organization that meets or organizations which meet
 1755  the requirements of s. 501(c)(3) of the Internal Revenue Code
 1756  or, in the case of a state officer, to the state to be deposited
 1757  in the General Revenue Fund or, in the case of an officer of a
 1758  political subdivision, to the political subdivision to be
 1759  deposited in the general fund thereof.
 1760         (6)(a) For purposes of this subsection, the term “same
 1761  office” with respect to legislative office means an office in
 1762  the same legislative body, irrespective of district number or
 1763  designation or geographic boundary.
 1764         (b) A candidate elected to state office or a candidate who
 1765  will be elected to state office by virtue of his or her being
 1766  unopposed after candidate qualifying ends, may retain up to
 1767  $20,000 in his or her campaign account, or in an interest
 1768  bearing account or certificate of deposit, for use in his or her
 1769  next campaign for the same office, in addition to the
 1770  disposition methods provided in subsections (4) and (5). All
 1771  requirements applicable to candidate campaign accounts under
 1772  this chapter, including disclosure requirements applicable to
 1773  candidate campaign accounts, limitations on expenditures, and
 1774  limitations on contributions, apply to any retained funds.
 1775         (c) If a candidate who has retained funds under this
 1776  subsection does not qualify as a candidate for reelection to the
 1777  same office, all retained funds shall be disposed of as
 1778  otherwise required by this section or s. 106.11(5) within 90
 1779  days after the last day of candidate qualifying for that office.
 1780  Requirements in this section applicable to the disposal of
 1781  surplus funds, including reporting requirements, are applicable
 1782  to the disposal of retained funds.
 1783         (7)(6)Before Prior to disposing of funds pursuant to
 1784  subsection (4), or transferring funds into an office account
 1785  pursuant to subsection (5), or retaining funds for reelection
 1786  pursuant to subsection (6), any candidate who filed an oath
 1787  stating that he or she was unable to pay the election assessment
 1788  or fee for verification of petition signatures without imposing
 1789  an undue burden on his or her personal resources or on resources
 1790  otherwise available to him or her, or who filed both such oaths,
 1791  or who qualified by the petition process and was not required to
 1792  pay an election assessment, shall reimburse the state or local
 1793  governmental entity, whichever is applicable, for such waived
 1794  assessment or fee or both. Such reimbursement shall be made
 1795  first for the cost of petition verification and then, if funds
 1796  are remaining, for the amount of the election assessment. If
 1797  there are insufficient funds in the account to pay the full
 1798  amount of either the assessment or the fee or both, the
 1799  remaining funds shall be disbursed in the above manner until no
 1800  funds remain. All funds disbursed pursuant to this subsection
 1801  shall be remitted to the qualifying officer. Any reimbursement
 1802  for petition verification costs which are reimbursable by the
 1803  state shall be forwarded by the qualifying officer to the state
 1804  for deposit in the General Revenue Fund. All reimbursements for
 1805  the amount of the election assessment shall be forwarded by the
 1806  qualifying officer to the Department of State for deposit in the
 1807  General Revenue Fund.
 1808         (8)(a)(7)(a) Any candidate required to dispose of campaign
 1809  funds pursuant to this section shall do so within the time
 1810  required by this section and shall, on or before the date by
 1811  which such disposition is to have been made, shall file with the
 1812  officer with whom reports are required to be filed pursuant to
 1813  s. 106.07 a form prescribed by the Division of Elections
 1814  listing:
 1815         1. The name and address of each person or unit of
 1816  government to whom any of the funds were distributed and the
 1817  amounts thereof;
 1818         2. The name and address of each person to whom an
 1819  expenditure was made, together with the amount thereof and
 1820  purpose therefor; and
 1821         3. The amount of such funds transferred to an office
 1822  account by the candidate, together with the name and address of
 1823  the bank, savings and loan association, or credit union in which
 1824  the office account is located; and
 1825         4. The amount of such funds retained pursuant to subsection
 1826  (6), together with the name and address of the bank, savings and
 1827  loan association, or credit union in which the retained funds
 1828  are located.
 1829  
 1830  Such report shall be signed by the candidate and the campaign
 1831  treasurer and certified as true and correct pursuant to s.
 1832  106.07.
 1833         (b) The filing officer shall notify each candidate at least
 1834  14 days before the date the report is due.
 1835         (c) Any candidate failing to file a report on the
 1836  designated due date shall be subject to a fine as provided in s.
 1837  106.07 for submitting late termination reports.
 1838         (9)(8) Any candidate elected to office who transfers
 1839  surplus campaign funds into an office account pursuant to
 1840  subsection (5) shall file a report on the 10th day following the
 1841  end of each calendar quarter until the account is closed. Such
 1842  reports shall contain the name and address of each person to
 1843  whom any disbursement of funds was made, together with the
 1844  amount thereof and the purpose therefor, and the name and
 1845  address of any person from whom the elected candidate received
 1846  any refund or reimbursement and the amount thereof. Such reports
 1847  shall be on forms prescribed by the Division of Elections,
 1848  signed by the elected candidate, certified as true and correct,
 1849  and filed with the officer with whom campaign reports were filed
 1850  pursuant to s. 106.07(2).
 1851         (10)(9) Any candidate, or any person on behalf of a
 1852  candidate, who accepts contributions after such candidate has
 1853  withdrawn his or her candidacy, after the candidate has become
 1854  an unopposed candidate, or after the candidate has been
 1855  eliminated as a candidate or elected to office commits a
 1856  misdemeanor of the first degree, punishable as provided in s.
 1857  775.082 or s. 775.083.
 1858         (11)(10) Any candidate who is required by the provisions of
 1859  this section to dispose of funds in his or her campaign account
 1860  and who fails to dispose of the funds in the manner provided in
 1861  this section commits a misdemeanor of the first degree,
 1862  punishable as provided in s. 775.082 or s. 775.083.
 1863         Section 15. Section 106.29, Florida Statutes, is reenacted
 1864  and amended to read:
 1865         106.29 Reports by political parties and affiliated party
 1866  committees; restrictions on contributions and expenditures;
 1867  penalties.—
 1868         (1)(a) The state executive committee and each county
 1869  executive committee of each political party and any affiliated
 1870  party committee regulated by chapter 103 shall file regular
 1871  reports of all contributions received and all expenditures made
 1872  by such committee. However, the reports may shall not include
 1873  contributions and expenditures that are reported to the Federal
 1874  Election Commission.
 1875         (b) Each state executive committee and affiliated party
 1876  committee shall file regular reports with the Division of
 1877  Elections. Such reports must contain the same information as
 1878  reports required of candidates by s. 106.07 and must be filed at
 1879  the same times and subject to the same filing conditions
 1880  established by s. 106.07(1) and (2) for statewide candidate
 1881  reports filed with the division. Each county executive committee
 1882  shall file reports with the supervisor of elections in the
 1883  county in which such committee exists. Such reports must contain
 1884  the same information as reports required of candidates by s.
 1885  106.07 and must be filed at the same times and subject to the
 1886  same filing conditions established by s. 106.07(1) and (2) for
 1887  county candidate reports filed with the supervisor of elections.
 1888  In addition, when a special election is called to fill a vacancy
 1889  in office, each state executive committee, each affiliated party
 1890  committee, and each county executive committee making
 1891  contributions or expenditures to influence the results of the
 1892  special election or the preceding special primary election must
 1893  file campaign treasurers’ reports on the dates set by the
 1894  Department of State pursuant to s. 100.111. Such reports shall
 1895  contain the same information as do reports required of
 1896  candidates by s. 106.07 and shall be filed on the 10th day
 1897  following the end of each calendar quarter, except that, during
 1898  the period from the last day for candidate qualifying until the
 1899  general election, such reports shall be filed on the Friday
 1900  immediately preceding each special primary election, special
 1901  election, primary election, and general election.
 1902         (c) In addition to the reports filed under this section,
 1903  the state executive committee, each county executive committee,
 1904  and each affiliated party committee shall file a copy of each
 1905  prior written acceptance of an in-kind contribution given by the
 1906  committee during the preceding calendar quarter as required
 1907  under s. 106.08(6). Each state executive committee and
 1908  affiliated party committee shall file its reports with the
 1909  Division of Elections. Each county executive committee shall
 1910  file its reports with the supervisor of elections in the county
 1911  in which such committee exists.
 1912         (d) Any state or county executive committee or affiliated
 1913  party committee failing to file a report on the designated due
 1914  date is shall be subject to a fine as provided in subsection
 1915  (3). A No separate fine may not shall be assessed for failure to
 1916  file a copy of any report required by this section.
 1917         (2) The chair and treasurer of each state or county
 1918  executive committee shall certify as to the correctness of each
 1919  report filed by them on behalf of such committee. The leader and
 1920  treasurer of each affiliated party committee under s. 103.092
 1921  shall certify as to the correctness of each report filed by them
 1922  on behalf of such committee. Any committee chair, leader, or
 1923  treasurer who certifies the correctness of any report while
 1924  knowing that such report is incorrect, false, or incomplete
 1925  commits a felony of the third degree, punishable as provided in
 1926  s. 775.082, s. 775.083, or s. 775.084.
 1927         (3)(a) A Any state or county executive committee or
 1928  affiliated party committee that fails failing to file a report
 1929  on the designated due date is shall be subject to a fine as
 1930  provided in paragraph (b) for each late day. The fine shall be
 1931  assessed by the filing officer, and the moneys collected shall
 1932  be deposited in the General Revenue Fund.
 1933         (b) Upon determining that a report is late, the filing
 1934  officer shall immediately notify the chair of the executive
 1935  committee or the leader of the affiliated party committee as
 1936  defined in s. 103.092 as to the failure to file a report by the
 1937  designated due date and that a fine is being assessed for each
 1938  late day. The fine is shall be $1,000 for a state executive
 1939  committee, $1,000 for an affiliated party committee, and $50 for
 1940  a county executive committee, per day for each late day, not to
 1941  exceed 25 percent of the total receipts or expenditures,
 1942  whichever is greater, for the period covered by the late report.
 1943  However, if an executive committee or an affiliated party
 1944  committee fails to file a report on the Friday immediately
 1945  preceding the special election or general election, the fine is
 1946  shall be $10,000 per day for each day a state executive
 1947  committee is late, $10,000 per day for each day an affiliated
 1948  party committee is late, and $500 per day for each day a county
 1949  executive committee is late. Upon receipt of the report, the
 1950  filing officer shall determine the amount of the fine which is
 1951  due and shall notify the chair or leader as defined in s.
 1952  103.092. Notice is deemed complete upon proof of delivery of
 1953  written notice to the mailing or street address on record with
 1954  the filing officer. The filing officer shall determine the
 1955  amount of the fine due based upon the earliest of the following:
 1956         1. When the report is actually received by such officer.
 1957         2. When the report is postmarked.
 1958         3. When the certificate of mailing is dated.
 1959         4. When the receipt from an established courier company is
 1960  dated.
 1961         5. When the electronic receipt issued pursuant to s.
 1962  106.0705 is dated.
 1963  
 1964  Such fine shall be paid to the filing officer within 20 days
 1965  after receipt of the notice of payment due, unless appeal is
 1966  made to the Florida Elections Commission pursuant to paragraph
 1967  (c). An officer or member of an executive committee is not shall
 1968  not be personally liable for such fine.
 1969         (c) The chair of an executive committee or the leader of an
 1970  affiliated party committee as defined in s. 103.092 may appeal
 1971  or dispute the fine, based upon unusual circumstances
 1972  surrounding the failure to file on the designated due date, and
 1973  may request and is shall be entitled to a hearing before the
 1974  Florida Elections Commission, which has shall have the authority
 1975  to waive the fine in whole or in part. Any such request shall be
 1976  made within 20 days after receipt of the notice of payment due.
 1977  In such case, the chair of the executive committee or the leader
 1978  of the affiliated party committee as defined in s. 103.092
 1979  shall, within the 20-day period, notify the filing officer in
 1980  writing of his or her intention to bring the matter before the
 1981  commission.
 1982         (d) The appropriate filing officer shall notify the Florida
 1983  Elections Commission of the repeated late filing by an executive
 1984  committee or affiliated party committee, the failure of an
 1985  executive committee or affiliated party committee to file a
 1986  report after notice, or the failure to pay the fine imposed.
 1987         (4) Any contribution received by a state or county
 1988  executive committee or affiliated party committee less than 5
 1989  days before an election may shall not be used or expended in
 1990  behalf of any candidate, issue, affiliated party committee, or
 1991  political party participating in such election.
 1992         (5) A No state or county executive committee or affiliated
 1993  party committee, in the furtherance of any candidate or
 1994  political party, directly or indirectly, may not shall give,
 1995  pay, or expend any money, give or pay anything of value,
 1996  authorize any expenditure, or become pecuniarily liable for any
 1997  expenditure prohibited by this chapter. However, the
 1998  contribution of funds by one executive committee to another or
 1999  to established party organizations for legitimate party or
 2000  campaign purposes is not prohibited, but all such contributions
 2001  shall be recorded and accounted for in the reports of the
 2002  contributor and recipient.
 2003         (6)(a) The national, state, and county executive committees
 2004  of a political party and affiliated party committees may not
 2005  contribute to any candidate any amount in excess of the limits
 2006  contained in s. 106.08(2), and all contributions required to be
 2007  reported under s. 106.08(2) by the national executive committee
 2008  of a political party shall be reported by the state executive
 2009  committee of that political party.
 2010         (b) A violation of the contribution limits contained in s.
 2011  106.08(2) is a misdemeanor of the first degree, punishable as
 2012  provided in s. 775.082 or s. 775.083. A civil penalty equal to
 2013  three times the amount in excess of the limits contained in s.
 2014  106.08(2) shall be assessed against any executive committee
 2015  found in violation thereof.
 2016         Section 16. By December 1, 2013, the Division of Elections
 2017  shall submit a proposal to the President of the Senate and the
 2018  Speaker of the House of Representatives for a mandatory
 2019  statewide electronic filing system for all state and local
 2020  campaign filings required by s. 106.07, s. 106.0703, or s.
 2021  106.29.
 2022         Section 17. Subsection (3) of section 101.62, Florida
 2023  Statutes, is amended to read:
 2024         101.62 Request for absentee ballots.—
 2025         (3) For each request for an absentee ballot received, the
 2026  supervisor shall record the date the request was made, the date
 2027  the absentee ballot was delivered to the voter or the voter’s
 2028  designee or the date the absentee ballot was delivered to the
 2029  post office or other carrier, the date the ballot was received
 2030  by the supervisor, and such other information he or she may deem
 2031  necessary. This information shall be provided in electronic
 2032  format as provided by rule adopted by the division. The
 2033  information shall be updated and made available no later than 8
 2034  a.m. of each day, including weekends, beginning 60 days before
 2035  the primary until 15 days after the general election and shall
 2036  be contemporaneously provided to the division. This information
 2037  shall be confidential and exempt from the provisions of s.
 2038  119.07(1) and shall be made available to or reproduced only for
 2039  the voter requesting the ballot, a canvassing board, an election
 2040  official, a political party or official thereof, a candidate who
 2041  has filed qualification papers and is opposed in an upcoming
 2042  election, and registered political committees or registered
 2043  committees of continuous existence, for political purposes only.
 2044         Section 18. Paragraph (a) of subsection (4) of section
 2045  102.031, Florida Statutes, is amended to read:
 2046         102.031 Maintenance of good order at polls; authorities;
 2047  persons allowed in polling rooms and early voting areas;
 2048  unlawful solicitation of voters.—
 2049         (4)(a) No person, political committee, committee of
 2050  continuous existence, or other group or organization may solicit
 2051  voters inside the polling place or within 100 feet of the
 2052  entrance to any polling place, or polling room where the polling
 2053  place is also a polling room, or early voting site. Before the
 2054  opening of the polling place or early voting site, the clerk or
 2055  supervisor shall designate the no-solicitation zone and mark the
 2056  boundaries.
 2057         Section 19. Subsection (2) of section 106.087, Florida
 2058  Statutes, is amended to read:
 2059         106.087 Independent expenditures; contribution limits;
 2060  restrictions on political parties and, political committees, and
 2061  committees of continuous existence.—
 2062         (2)(a) Any political committee or committee of continuous
 2063  existence that accepts the use of public funds, equipment,
 2064  personnel, or other resources to collect dues from its members
 2065  agrees not to make independent expenditures in support of or
 2066  opposition to a candidate or elected public official. However,
 2067  expenditures may be made for the sole purpose of jointly
 2068  endorsing three or more candidates.
 2069         (b) Any political committee or committee of continuous
 2070  existence that violates this subsection is liable for a civil
 2071  fine of up to $5,000 to be determined by the Florida Elections
 2072  Commission or the entire amount of the expenditures, whichever
 2073  is greater.
 2074         Section 20. Subsection (3) of section 106.12, Florida
 2075  Statutes, is amended to read:
 2076         106.12 Petty cash funds allowed.—
 2077         (3) The petty cash fund so provided may shall be spent only
 2078  in amounts less than $100 and only for office supplies,
 2079  transportation expenses, and other necessities. Petty cash may
 2080  shall not be used for the purchase of time, space, or services
 2081  from communications media as defined in s. 106.011 106.011(13).
 2082         Section 21. Paragraph (b) of subsection (3) of section
 2083  106.147, Florida Statutes, is amended to read:
 2084         106.147 Telephone solicitation; disclosure requirements;
 2085  prohibitions; exemptions; penalties.—
 2086         (3)
 2087         (b) For purposes of paragraph (a), the term “person”
 2088  includes any candidate; any officer of any political committee,
 2089  committee of continuous existence, affiliated party committee,
 2090  or political party executive committee; any officer, partner,
 2091  attorney, or other representative of a corporation, partnership,
 2092  or other business entity; and any agent or other person acting
 2093  on behalf of any candidate, political committee, committee of
 2094  continuous existence, affiliated party committee, political
 2095  party executive committee, or corporation, partnership, or other
 2096  business entity.
 2097         Section 22. Section 106.17, Florida Statutes, is amended to
 2098  read:
 2099         106.17 Polls and surveys relating to candidacies.—Any
 2100  candidate, political committee, committee of continuous
 2101  existence, electioneering communication organization, affiliated
 2102  party committee, or state or county executive committee of a
 2103  political party may authorize or conduct a political poll,
 2104  survey, index, or measurement of any kind relating to candidacy
 2105  for public office so long as the candidate, political committee,
 2106  committee of continuous existence, electioneering communication
 2107  organization, affiliated party committee, or political party
 2108  maintains complete jurisdiction over the poll in all its
 2109  aspects. State and county executive committees of a political
 2110  party or an affiliated party committee may authorize and conduct
 2111  political polls for the purpose of determining the viability of
 2112  potential candidates. Such poll results may be shared with
 2113  potential candidates, and expenditures incurred by state and
 2114  county executive committees or an affiliated party committee for
 2115  potential candidate polls are not contributions to the potential
 2116  candidates.
 2117         Section 23. Subsection (2) of section 106.23, Florida
 2118  Statutes, is amended to read:
 2119         106.23 Powers of the Division of Elections.—
 2120         (2) The Division of Elections shall provide advisory
 2121  opinions when requested by any supervisor of elections,
 2122  candidate, local officer having election-related duties,
 2123  political party, affiliated party committee, political
 2124  committee, committee of continuous existence, or other person or
 2125  organization engaged in political activity, relating to any
 2126  provisions or possible violations of Florida election laws with
 2127  respect to actions such supervisor, candidate, local officer
 2128  having election-related duties, political party, affiliated
 2129  party committee, committee, person, or organization has taken or
 2130  proposes to take. Requests for advisory opinions must be
 2131  submitted in accordance with rules adopted by the Department of
 2132  State. A written record of all such opinions issued by the
 2133  division, sequentially numbered, dated, and indexed by subject
 2134  matter, shall be retained. A copy shall be sent to said person
 2135  or organization upon request. Any such person or organization,
 2136  acting in good faith upon such an advisory opinion, shall not be
 2137  subject to any criminal penalty provided for in this chapter.
 2138  The opinion, until amended or revoked, shall be binding on any
 2139  person or organization who sought the opinion or with reference
 2140  to whom the opinion was sought, unless material facts were
 2141  omitted or misstated in the request for the advisory opinion.
 2142         Section 24. Subsections (2) and (3) of section 106.265,
 2143  Florida Statutes, are amended to read:
 2144         106.265 Civil penalties.—
 2145         (2) In determining the amount of such civil penalties, the
 2146  commission or administrative law judge shall consider, among
 2147  other mitigating and aggravating circumstances:
 2148         (a) The gravity of the act or omission;
 2149         (b) Any previous history of similar acts or omissions;
 2150         (c) The appropriateness of such penalty to the financial
 2151  resources of the person, political committee, committee of
 2152  continuous existence, affiliated party committee, electioneering
 2153  communications organization, or political party; and
 2154         (d) Whether the person, political committee, committee of
 2155  continuous existence, affiliated party committee, electioneering
 2156  communications organization, or political party has shown good
 2157  faith in attempting to comply with the provisions of this
 2158  chapter or chapter 104.
 2159         (3) If any person, political committee, committee of
 2160  continuous existence, affiliated party committee, electioneering
 2161  communications organization, or political party fails or refuses
 2162  to pay to the commission any civil penalties assessed pursuant
 2163  to the provisions of this section, the commission shall be
 2164  responsible for collecting the civil penalties resulting from
 2165  such action.
 2166         Section 25. Subsection (2) of section 106.27, Florida
 2167  Statutes, is amended to read:
 2168         106.27 Determinations by commission; legal disposition.—
 2169         (2) Civil actions may be brought by the commission for
 2170  relief, including permanent or temporary injunctions,
 2171  restraining orders, or any other appropriate order for the
 2172  imposition of civil penalties provided by this chapter. Such
 2173  civil actions shall be brought by the commission in the
 2174  appropriate court of competent jurisdiction, and the venue shall
 2175  be in the county in which the alleged violation occurred or in
 2176  which the alleged violator or violators are found, reside, or
 2177  transact business. Upon a proper showing that such person,
 2178  political committee, committee of continuous existence,
 2179  affiliated party committee, or political party has engaged, or
 2180  is about to engage, in prohibited acts or practices, a permanent
 2181  or temporary injunction, restraining order, or other order shall
 2182  be granted without bond by such court, and the civil fines
 2183  provided by this chapter may be imposed.
 2184         Section 26. Subsection (3) of section 106.32, Florida
 2185  Statutes, is amended to read:
 2186         106.32 Election Campaign Financing Trust Fund.—
 2187         (3) Proceeds from assessments pursuant to ss. 106.04,
 2188  106.07, and 106.29 shall be deposited into the Election Campaign
 2189  Financing Trust Fund as designated in those sections.
 2190         Section 27. Section 106.33, Florida Statutes, is amended to
 2191  read:
 2192         106.33 Election campaign financing; eligibility.—Each
 2193  candidate for the office of Governor or member of the Cabinet
 2194  who desires to receive contributions from the Election Campaign
 2195  Financing Trust Fund shall, upon qualifying for office, shall
 2196  file a request for such contributions with the filing officer on
 2197  forms provided by the Division of Elections. If a candidate
 2198  requesting contributions from the fund desires to have such
 2199  funds distributed by electronic fund transfers, the request
 2200  shall include information necessary to implement that procedure.
 2201  For the purposes of ss. 106.30-106.36, the respective candidates
 2202  running for Governor and Lieutenant Governor on the same ticket
 2203  shall be considered as a single candidate. To be eligible to
 2204  receive contributions from the fund, a candidate may not be an
 2205  unopposed candidate as defined in s. 106.011 106.011(15) and
 2206  must:
 2207         (1) Agree to abide by the expenditure limits provided in s.
 2208  106.34.
 2209         (2)(a) Raise contributions as follows:
 2210         1. One hundred fifty thousand dollars for a candidate for
 2211  Governor.
 2212         2. One hundred thousand dollars for a candidate for Cabinet
 2213  office.
 2214         (b) Contributions from individuals who at the time of
 2215  contributing are not state residents may not be used to meet the
 2216  threshold amounts in paragraph (a). For purposes of this
 2217  paragraph, any person validly registered to vote in this state
 2218  shall be considered a state resident.
 2219         (3) Limit loans or contributions from the candidate’s
 2220  personal funds to $25,000 and contributions from national,
 2221  state, and county executive committees of a political party to
 2222  $250,000 in the aggregate, which loans or contributions do shall
 2223  not qualify for meeting the threshold amounts in subsection (2).
 2224         (4) Submit to a postelection audit of the campaign account
 2225  by the division.
 2226         Section 28. Section 111.075, Florida Statutes, is amended
 2227  to read:
 2228         111.075 Elected officials; prohibition concerning certain
 2229  committees.—Elected officials are prohibited from being employed
 2230  by, or acting as a consultant for compensation to, a political
 2231  committee or committee of continuous existence.
 2232         Section 29. Subsections (3) and (4) and paragraph (a) of
 2233  subsection (5) of section 112.3148, Florida Statutes, are
 2234  amended to read:
 2235         112.3148 Reporting and prohibited receipt of gifts by
 2236  individuals filing full or limited public disclosure of
 2237  financial interests and by procurement employees.—
 2238         (3) A reporting individual or procurement employee is
 2239  prohibited from soliciting any gift from a political committee
 2240  or committee of continuous existence, as defined in s. 106.011,
 2241  or from a lobbyist who lobbies the reporting individual’s or
 2242  procurement employee’s agency, or the partner, firm, employer,
 2243  or principal of such lobbyist, where such gift is for the
 2244  personal benefit of the reporting individual or procurement
 2245  employee, another reporting individual or procurement employee,
 2246  or any member of the immediate family of a reporting individual
 2247  or procurement employee.
 2248         (4) A reporting individual or procurement employee or any
 2249  other person on his or her behalf is prohibited from knowingly
 2250  accepting, directly or indirectly, a gift from a political
 2251  committee or committee of continuous existence, as defined in s.
 2252  106.011, or from a lobbyist who lobbies the reporting
 2253  individual’s or procurement employee’s agency, or directly or
 2254  indirectly on behalf of the partner, firm, employer, or
 2255  principal of a lobbyist, if he or she knows or reasonably
 2256  believes that the gift has a value in excess of $100; however,
 2257  such a gift may be accepted by such person on behalf of a
 2258  governmental entity or a charitable organization. If the gift is
 2259  accepted on behalf of a governmental entity or charitable
 2260  organization, the person receiving the gift shall not maintain
 2261  custody of the gift for any period of time beyond that
 2262  reasonably necessary to arrange for the transfer of custody and
 2263  ownership of the gift.
 2264         (5)(a) A political committee or a committee of continuous
 2265  existence, as defined in s. 106.011; a lobbyist who lobbies a
 2266  reporting individual’s or procurement employee’s agency; the
 2267  partner, firm, employer, or principal of a lobbyist; or another
 2268  on behalf of the lobbyist or partner, firm, principal, or
 2269  employer of the lobbyist is prohibited from giving, either
 2270  directly or indirectly, a gift that has a value in excess of
 2271  $100 to the reporting individual or procurement employee or any
 2272  other person on his or her behalf; however, such person may give
 2273  a gift having a value in excess of $100 to a reporting
 2274  individual or procurement employee if the gift is intended to be
 2275  transferred to a governmental entity or a charitable
 2276  organization.
 2277         Section 30. Subsections (3) and (4) of section 112.3149,
 2278  Florida Statutes, are amended to read:
 2279         112.3149 Solicitation and disclosure of honoraria.—
 2280         (3) A reporting individual or procurement employee is
 2281  prohibited from knowingly accepting an honorarium from a
 2282  political committee or committee of continuous existence, as
 2283  defined in s. 106.011, from a lobbyist who lobbies the reporting
 2284  individual’s or procurement employee’s agency, or from the
 2285  employer, principal, partner, or firm of such a lobbyist.
 2286         (4) A political committee or committee of continuous
 2287  existence, as defined in s. 106.011, a lobbyist who lobbies a
 2288  reporting individual’s or procurement employee’s agency, or the
 2289  employer, principal, partner, or firm of such a lobbyist is
 2290  prohibited from giving an honorarium to a reporting individual
 2291  or procurement employee.
 2292         Section 31. Subsection (4) of section 1004.28, Florida
 2293  Statutes, is amended to read:
 2294         1004.28 Direct-support organizations; use of property;
 2295  board of directors; activities; audit; facilities.—
 2296         (4) ACTIVITIES; RESTRICTION.—A university direct-support
 2297  organization is prohibited from giving, either directly or
 2298  indirectly, any gift to a political committee or committee of
 2299  continuous existence as defined in s. 106.011 for any purpose
 2300  other than those certified by a majority roll call vote of the
 2301  governing board of the direct-support organization at a
 2302  regularly scheduled meeting as being directly related to the
 2303  educational mission of the university.
 2304         Section 32. Paragraph (d) of subsection (4) of section
 2305  1004.70, Florida Statutes, is amended to read:
 2306         1004.70 Florida College System institution direct-support
 2307  organizations.—
 2308         (4) ACTIVITIES; RESTRICTIONS.—
 2309         (d) A Florida College System institution direct-support
 2310  organization is prohibited from giving, either directly or
 2311  indirectly, any gift to a political committee or committee of
 2312  continuous existence as defined in s. 106.011 for any purpose
 2313  other than those certified by a majority roll call vote of the
 2314  governing board of the direct-support organization at a
 2315  regularly scheduled meeting as being directly related to the
 2316  educational mission of the Florida College System institution.
 2317         Section 33. Paragraph (c) of subsection (4) of section
 2318  1004.71, Florida Statutes, is amended to read:
 2319         1004.71 Statewide Florida College System institution
 2320  direct-support organizations.—
 2321         (4) RESTRICTIONS.—
 2322         (c) A statewide Florida College System institution direct
 2323  support organization is prohibited from giving, either directly
 2324  or indirectly, any gift to a political committee or committee of
 2325  continuous existence as defined in s. 106.011 for any purpose
 2326  other than those certified by a majority roll call vote of the
 2327  governing board of the direct-support organization at a
 2328  regularly scheduled meeting as being directly related to the
 2329  educational mission of the State Board of Education.
 2330         Section 34. For the purpose of incorporating the amendment
 2331  made by this act into section 106.08, Florida Statutes, in a
 2332  reference thereto, subsection (2) of section 106.075, Florida
 2333  Statutes, is reenacted to read:
 2334         106.075 Elected officials; report of loans made in year
 2335  preceding election; limitation on contributions to pay loans.—
 2336         (2) Any person who makes a contribution to an individual to
 2337  pay all or part of a loan incurred, in the 12 months preceding
 2338  the election, to be used for the individual’s campaign, may not
 2339  contribute more than the amount which is allowed in s.
 2340  106.08(1).
 2341         Section 35. For the purpose of incorporating the amendments
 2342  made by this act to sections 106.08 and 106.11, Florida
 2343  Statutes, in references thereto, section 106.19, Florida
 2344  Statutes, is reenacted to read:
 2345         106.19 Violations by candidates, persons connected with
 2346  campaigns, and political committees.—
 2347         (1) Any candidate; campaign manager, campaign treasurer, or
 2348  deputy treasurer of any candidate; committee chair, vice chair,
 2349  campaign treasurer, deputy treasurer, or other officer of any
 2350  political committee; agent or person acting on behalf of any
 2351  candidate or political committee; or other person who knowingly
 2352  and willfully:
 2353         (a) Accepts a contribution in excess of the limits
 2354  prescribed by s. 106.08;
 2355         (b) Fails to report any contribution required to be
 2356  reported by this chapter;
 2357         (c) Falsely reports or deliberately fails to include any
 2358  information required by this chapter; or
 2359         (d) Makes or authorizes any expenditure in violation of s.
 2360  106.11(4) or any other expenditure prohibited by this chapter;
 2361  
 2362  is guilty of a misdemeanor of the first degree, punishable as
 2363  provided in s. 775.082 or s. 775.083.
 2364         (2) Any candidate, campaign treasurer, or deputy treasurer;
 2365  any chair, vice chair, or other officer of any political
 2366  committee; any agent or person acting on behalf of any candidate
 2367  or political committee; or any other person who violates
 2368  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be
 2369  subject to a civil penalty equal to three times the amount
 2370  involved in the illegal act. Such penalty may be in addition to
 2371  the penalties provided by subsection (1) and shall be paid into
 2372  the General Revenue Fund of this state.
 2373         (3) A political committee sponsoring a constitutional
 2374  amendment proposed by initiative which submits a petition form
 2375  gathered by a paid petition circulator which does not provide
 2376  the name and address of the paid petition circulator on the form
 2377  is subject to the civil penalties prescribed in s. 106.265.
 2378         (4) Except as otherwise expressly stated, the failure by a
 2379  candidate to comply with the requirements of this chapter has no
 2380  effect upon whether the candidate has qualified for the office
 2381  the candidate is seeking.
 2382         Section 36. Except as otherwise expressly provided in this
 2383  act and except for this section, which shall take effect upon
 2384  becoming a law, this act shall take effect November 1, 2013.