CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 1140
Amendment No. 3
CHAMBER ACTION
Senate House
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11 The Committee on Executive Business, Ethics and Elections
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 8, line 19, delete that line
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17 and insert:
18 Section 3. Subsections (3) and (17) of section
19 106.011, Florida Statutes, are amended, and subsection (18) is
20 added to that section, to read:
21 106.011 Definitions.--As used in this chapter, the
22 following terms have the following meanings unless the context
23 clearly indicates otherwise:
24 (3) "Contribution" means:
25 (a) A gift, subscription, conveyance, deposit, loan,
26 payment, or distribution of money or anything of value,
27 including contributions in kind having an attributable
28 monetary value in any form, made for the purpose of
29 influencing the results of an election.
30 (b) A transfer of funds between political committees,
31 between committees of continuous existence, or between a
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1 political committee and a committee of continuous existence.
2 (c) The payment, by any person other than a candidate
3 or political committee, of compensation for the personal
4 services of another person which are rendered to a candidate
5 or political committee without charge to the candidate or
6 committee for such services.
7 (d) The transfer of funds by a campaign treasurer or
8 deputy campaign treasurer between a primary depository and a
9 separate interest-bearing account or certificate of deposit,
10 and the term includes any interest earned on such account or
11 certificate.
12 (e) Any political advertisement, other than an
13 independent expenditure, that is paid for by a national,
14 state, or county executive committee of a political party,
15 including any subordinate committee of a national, state, or
16 county executive committee of a political party, and that
17 refers to a clearly identified candidate.
18 (f) Any political advertisement that is made in
19 coordination with a candidate and that refers to a clearly
20 identified candidate.
21 (g) Any political advertisement, other than an
22 independent expenditure, that refers to a clearly identified
23 candidate and that is distributed at any point during the
24 period following the last day of qualifying for that office
25 through the general election.
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27 Notwithstanding the foregoing meanings of "contribution," the
28 word shall not be construed to include services, including,
29 but not limited to, legal and accounting services, provided
30 without compensation by individuals volunteering a portion or
31 all of their time on behalf of a candidate or political
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Amendment No. 3
1 committee. This definition shall not be construed to include
2 editorial endorsements.
3 (17) "Political advertisement" means a paid expression
4 in any communications media prescribed in subsection (13),
5 whether radio, television, newspaper, magazine, periodical,
6 campaign literature, direct mail, or display or by means other
7 than the spoken word in direct conversation, which shall
8 support or oppose any candidate, elected public official,
9 political party, or issue, regardless of whether the
10 communication contains the words "vote for," "vote against,"
11 or "re-elect," or any similar words or statement. However,
12 political advertisement does not include:
13 (a) A statement by an organization, in existence prior
14 to the time during which a candidate qualifies or an issue is
15 placed on the ballot for that election, in support of or
16 opposition to a candidate or issue, in that organization's
17 newsletter, which newsletter is distributed only to the
18 members of that organization.
19 (b) Editorial endorsements by any newspaper, radio or
20 television station, or other recognized news medium.
21 (18) "In coordination with" means a person engages in
22 any of the following:
23 (a) Has a contract with the candidate, political
24 committee, or agent of such candidate or committee in a given
25 election period.
26 (b) Communicates with the candidate, the candidate's
27 campaign committee, or an agent of the candidate acting on
28 behalf of the candidate, including any pollster, media
29 consultant, advertising agency, vendor, advisor, or staff
30 member, about any advertising, message, allocation of
31 resources, fundraising, or other campaign matters related to
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1 the candidate's campaign, including campaign operations,
2 staffing, tactics, or strategy.
3 (c) Makes a payment in cooperation, consultation, or
4 concert with, at the request or suggestion of, or pursuant to
5 any general or particular understanding with the candidate,
6 the candidate's campaign committee, or an agent of the
7 candidate or committee.
8 (d) Makes a payment for the dissemination,
9 distribution, or republication, in whole or in part, of any
10 broadcast or any written, graphic, or other form of campaign
11 material prepared by the candidate, the candidate's campaign
12 or committee, or an agent of the candidate or committee,
13 including any pollster, media consultant, advertising agency,
14 vendor, advisor, or staff member.
15 (e) Makes a payment based on information about the
16 candidate's plans, projects, or needs communicated to a member
17 of the committee or person by the candidate or an agent of the
18 candidate, provided the committee or person uses the
19 information in any way, in whole or in part, either directly
20 or indirectly, to design, prepare, or pay for any expenditure
21 or advertising campaign.
22 (f) After the last day of qualifying for statewide or
23 legislative office, consults about the candidate's plans,
24 projects, or needs in connection with the candidate's pursuit
25 of election to office and the information is used in any way
26 to plan, create, design, or prepare an independent expenditure
27 or advertising campaign, with:
28 1. Any officer, director, employee, or agent of a
29 national, state, or county executive committee of a political
30 party that has made or intends to make expenditures in
31 connection with or contributions to the candidate; or
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1 2. Any person whose professional services have been
2 retained by a national, state, or county executive committee
3 of a political party that has made or intends to make
4 expenditures in connection with or contributions to the
5 candidate.
6 (g) After the last day of qualifying for statewide or
7 legislative office, retains the professional services of any
8 person who has provided or is providing those services to the
9 candidate in connection with the candidate's pursuit of
10 election to office.
11 (h) Arranges, coordinates, or directs the expenditure,
12 in any way, with the candidate or an agent of the candidate.
13 Section 4. Effective July 1, 1998, subsection (3) of
14 section 106.021, Florida Statutes, is amended to read:
15 106.021 Campaign treasurers; deputies; primary and
16 secondary depositories.--
17 (3) Except for independent expenditures, no
18 contribution or expenditure, including contributions or
19 expenditures of a candidate or of the candidate's family,
20 shall be directly or indirectly made or received in
21 furtherance of the candidacy of any person for nomination or
22 election to political office in the state or on behalf of any
23 political committee except through the duly appointed campaign
24 treasurer of the candidate or political committee. However,
25 expenditures may be made directly by any political committee
26 or political party regulated by chapter 103 for obtaining
27 time, space, or services in or by any communications medium
28 for the purpose of jointly endorsing three or more candidates,
29 and any such expenditure shall not be considered a
30 contribution or expenditure to or on behalf of any such
31 candidates for the purposes of this chapter provided the
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1 endorsement involves candidates in elections on the same day
2 and the endorsement allocates no more than twice as much time,
3 space, or service to any candidate over any other candidate
4 being endorsed.
5 Section 5. Effective July 1, 1998, paragraph (a) of
6 subsection (2) of section 106.087, Florida Statutes, is
7 amended to read:
8 106.087 Independent expenditures; contribution limits;
9 restrictions on political parties, political committees, and
10 committees of continuous existence.--
11 (2)(a) Any political committee or committee of
12 continuous existence that accepts the use of public funds,
13 equipment, personnel, or other resources to collect dues from
14 its members agrees not to make independent expenditures in
15 support of or opposition to a candidate or elected public
16 official. However, expenditures may be made for the sole
17 purpose of jointly endorsing three or more candidates.
18 Section 6. Paragraph (a) of subsection (1) of section
19 106.087, Florida Statutes, is amended to read:
20 106.087 Independent expenditures; contribution limits;
21 restrictions on political parties, political committees, and
22 committees of continuous existence.--
23 (1)(a) As a condition of receiving a rebate of filing
24 fees and party assessment funds pursuant to s. 99.061(2), s.
25 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
26 treasurer of a state or county executive committee shall take
27 and subscribe to an oath or affirmation in writing. During the
28 qualifying period for state candidates and prior to
29 distribution of such funds, a printed copy of the oath or
30 affirmation shall be filed with the Secretary of State and
31 shall be substantially in the following form:
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Amendment No. 3
1
2 State of Florida
3 County of....
4 Before me, an officer authorized to administer oaths,
5 personally appeared ...(name)..., to me well known, who, being
6 sworn, says that he or she is the ...(title)... of the
7 ...(name of party)... ...(state or specified county)...
8 executive committee; that the executive committee has not
9 made, either directly or indirectly, an independent
10 expenditure in support of or opposition to a candidate or
11 elected public official in the prior 6 months; that the
12 executive committee will not make, either directly or
13 indirectly, an independent expenditure in support of or
14 opposition to a candidate or elected public official, through
15 and including the upcoming general election; and that the
16 executive committee will not violate the contribution limits
17 applicable to candidates under s. 106.08(3) s. 106.08(2),
18 Florida Statutes.
19 ...(Signature of committee officer)...
20 ...(Address)...
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22 Sworn to and subscribed before me this .... day of ....,
23 19...., at .... County, Florida.
24 ...(Signature and title of officer administering oath)...
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26 Section 7. Subsection (6) of section 106.29, Florida
27 Statutes, is amended to read:
28 106.29 Reports by political parties; restrictions on
29 contributions and expenditures; penalties.--
30 (6)(a) The national, state, and county executive
31 committees of a political party may not contribute to any
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1 candidate any amount in excess of the limits contained in s.
2 106.08(3) s. 106.08(2), and all contributions required to be
3 reported under s. 106.08(2) by the national executive
4 committee of a political party shall be reported by the state
5 executive committee of that political party.
6 (b) A violation of the contribution limits contained
7 in s. 106.08(3) s. 106.08(2) is a misdemeanor of the first
8 degree, punishable as provided in s. 775.082 or s. 775.083. A
9 civil penalty equal to three times the amount in excess of the
10 limits contained in s. 106.08(3) s. 106.08(2) shall be
11 assessed against any executive committee found in violation
12 thereof.
13 Section 8. This act shall take effect July 1, 1998.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, line 8, delete that line
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20 and insert:
21 amending s. 106.011, F.S.; redefining the terms
22 "contribution," "independent expenditure," and
23 "political advertisement" and defining the term
24 "in coordination with" for purposes of
25 regulation of campaign financing; amending s.
26 106.021; revising provisions relating to
27 expenditures for joint endorsement of three or
28 more candidates; amending s. 106.087, F.S.;
29 deleting provisions authorizing expenditures
30 for joint endorsement of three or more
31 candidates; conforming a cross-reference;
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SENATE AMENDMENT
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Amendment No. 3
1 amending s. 106.29, F.S.; revising provisions
2 relating to contributions by party national
3 executive committees; conforming a
4 cross-reference; providing an effective date.
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