CODING: Words stricken are deletions; words underlined are additions.House Bill 1313
Florida House of Representatives - 1997 HB 1313
By Representative Peaden
1 A bill to be entitled
2 An act relating to campaign financing; amending
3 s. 106.011, F.S.; revising the definition of
4 "independent expenditure"; amending s. 106.08,
5 F.S.; requiring the filing of a certification
6 relating to independent expenditures prior to a
7 political party executive committee making
8 certain contributions; prohibiting certain
9 transfers of funds between political party
10 executive committees and between political
11 party executive committees and certain
12 political committees and committees of
13 continuous existence; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Subsection (5) of section 106.011, Florida
19 Statutes, is amended to read:
20 106.011 Definitions.--As used in this chapter, the
21 following terms have the following meanings unless the context
22 clearly indicates otherwise:
23 (5)(a) "Independent expenditure" means an expenditure
24 by a person for the purpose of advocating the election or
25 defeat of a candidate or the approval or rejection of an
26 issue, which expenditure is not controlled by, coordinated
27 with, or made upon consultation with, any candidate, political
28 committee, or agent of such candidate or committee.
29 (b) An expenditure for the such purpose of advocating
30 the election or defeat of a candidate or the approval or
31 rejection of an issue by a person having a contract with the
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1 candidate, political committee, or agent of such candidate or
2 committee in a given election period shall not be deemed an
3 independent expenditure.
4 (c)1. An expenditure for the purpose of advocating the
5 election or defeat of a candidate which is made by an
6 executive committee of a political party, or by any political
7 committee or committee of continuous existence established or
8 maintained by that political party, shall not be considered an
9 independent expenditure if the committee:
10 a. Participates in joint fundraising with the
11 candidate or in any way solicits or receives a contribution on
12 behalf of the candidate.
13 b. Communicates with the candidate or an agent of the
14 candidate acting on behalf of the candidate, including any
15 pollster, media consultant, vendor, advisor, or staff member,
16 about advertising, message, allocation of resources,
17 fundraising, or other campaign matters related to the
18 candidate's campaign, including campaign operations, staffing,
19 tactics, or strategy.
20 c. Provides in-kind services, polling data, research
21 services, technical assistance, or anything of value to the
22 candidate.
23 d. Makes a payment for a communication or anything of
24 value that is for the purpose of influencing an election and
25 that is a payment made in coordination with the candidate.
26 e. Makes a payment in cooperation, consultation, or
27 concert with, at the request or suggestion of, or pursuant to
28 any general or particular understanding with the candidate,
29 the candidate's campaign committee, or an agent acting on
30 behalf of the candidate or the campaign committee.
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1 f. Makes a payment for the dissemination,
2 distribution, or republication, in whole or in part, of any
3 broadcast or any written, graphic, or other form of campaign
4 material prepared by the candidate, the candidate's campaign
5 committee, or an agent of the candidate or the campaign
6 committee.
7 g. Makes a payment based on information about the
8 candidate's plans, projects, or needs provided to the
9 committee by the candidate or the candidate's agent who
10 provides the information with a view toward having the payment
11 made.
12 h. Makes a payment for such purpose if, in the same
13 election cycle in which the payment is made, an employee or
14 agent of the committee is serving or has served as a member,
15 employee, fundraiser, or agent of the candidate's campaign
16 committee in an executive or policymaking position.
17 i. Makes a payment for such purpose if, in the same
18 election cycle in which the payment is made, an employee or
19 agent of the committee has served in any formal policy or
20 advisory position with the candidate's campaign or has
21 participated in strategic or policymaking discussions with the
22 candidate's campaign relating to the candidate's pursuit of
23 nomination for or election to office.
24 j. Makes a payment for such purpose if, in the same
25 election cycle in which the payment is made, an employee or
26 agent of the committee retains the professional services of
27 any individual or person who has provided or is providing
28 campaign-related services in the same election cycle to a
29 candidate in connection with the candidate's pursuit of
30 nomination or election, including services relating to the
31 candidate's decision to seek office, and the professional is
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1 retained to work on activities relating to that candidate's
2 campaign. For purposes of this sub-subparagraph, professional
3 services include, but are not limited to, services in support
4 of a candidate's pursuit of nomination for or election to
5 office such as polling, media advice, direct mail,
6 fundraising, or campaign research.
7 2. For purposes of this paragraph, the executive
8 committee and all other party committees of a national
9 political party, and all political committees established and
10 maintained by that national political party, including all
11 congressional campaign committees for candidates of that
12 party, and the state executive committee of that political
13 party and all political committees and committees of
14 continuous existence established by that state executive
15 committee shall be considered a single entity.
16 Section 2. Subsection (2) of section 106.08, Florida
17 Statutes, is amended to read:
18 106.08 Contributions; limitations on.--
19 (2)(a) A candidate may not accept contributions from
20 national, state, and county executive committees of a
21 political party, which contributions in the aggregate exceed
22 $50,000, no more than $25,000 of which may be accepted prior
23 to the 28-day period immediately preceding the date of the
24 general election.
25 (b) For the purposes of this subsection:
26 1. Print, broadcast, cable, and mailing advertisements
27 are contributions in an amount equal to their fair market
28 value and shall be counted toward the contribution limits of
29 this subsection.
30 2. Polling services, research services, technical
31 assistance, and voter mobilization efforts are not
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1 contributions to be counted toward the contribution limits of
2 this subsection.
3 (c) Before a political party executive committee may
4 make a contribution in connection with a campaign for office
5 in excess of $500, the executive committee must file with the
6 division a certification, signed by the treasurer, that the
7 political party has not made and will not make any independent
8 expenditures in connection with that campaign. A political
9 party executive committee that determines to make
10 contributions in excess of $500 pursuant to this subsection
11 may not make any transfer of funds in the same election cycle
12 to, or receive any transfer of funds in the same election
13 cycle from, any other executive committee of that political
14 party or any political committee or committee of continuous
15 existence established by that political party, if that
16 executive committee, political committee, or committee of
17 continuous existence determines to make independent
18 expenditures with the same campaign for office.
19 (d) With respect to the making of independent
20 expenditures under this subsection, the executive committee
21 and all other party committees of a national political party,
22 and all political committees established and maintained by
23 that national political party, including all congressional
24 campaign committees for candidates of that party, and the
25 state executive committee of that political party and all
26 political committees and committees of continuous existence
27 established by that state executive committee shall be
28 considered a single entity.
29 Section 3. This act shall take effect January 1, 1998.
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Florida House of Representatives - 1997 HB 1313
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2 HOUSE SUMMARY
3
Revises the definition of "independent expenditure," to
4 specify conditions under which expenditures by a
political party and certain party-affiliated committees
5 are not to be considered independent contributions.
Requires the filing of a certification relating to
6 independent expenditures prior to a political party
executive committee making certain contributions.
7 Prohibits certain transfers of funds between political
party executive committees and between political party
8 executive committees and certain political committees and
committees of continuous existence. See bill for
9 details.
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