Senate Bill 1428

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    Florida Senate - 1998                                  SB 1428

    By Senator Lee





    23-683-98

  1                      A bill to be entitled

  2         An act relating to campaign financing; amending

  3         s. 106.011, F.S.; modifying definitions of the

  4         terms "political committee," "contribution,"

  5         and "expenditure"; amending s. 106.04, F.S.;

  6         prohibiting committees of continuous existence

  7         from making certain expenditures; providing an

  8         effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsections (1), (3), and (4) of section

13  106.011, Florida Statutes, are amended to read:

14         106.011  Definitions.--As used in this chapter, the

15  following terms have the following meanings unless the context

16  clearly indicates otherwise:

17         (1)  "Political committee" means a combination of two

18  or more individuals, or a person other than an individual, the

19  primary or incidental purpose of which is to support or oppose

20  any candidate, issue, or political party, which accepts

21  contributions or makes expenditures during a calendar year in

22  an aggregate amount in excess of $500.; "Political committee"

23  also means the sponsor of a proposed constitutional amendment

24  by initiative who intends to seek the signatures of registered

25  electors. "Political committee" also means a combination of

26  two or more individuals or a person other than an individual

27  which anticipates spending funds for political advertising in

28  support of or in opposition to an elected public official

29  during a calendar year in an aggregate amount in excess of

30  $500. Organizations which are certified by the Department of

31  State as committees of continuous existence pursuant to s.

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    Florida Senate - 1998                                  SB 1428
    23-683-98




  1  106.04, national political parties, and the state and county

  2  executive committees of political parties regulated by chapter

  3  103 shall not be considered political committees for the

  4  purposes of this chapter. Corporations regulated by chapter

  5  607 or chapter 617 or other business entities formed for

  6  purposes other than to support or oppose issues or candidates

  7  are not political committees if their political activities are

  8  limited to contributions to candidates, political parties, or

  9  political committees or expenditures in support of or

10  opposition to an issue from corporate or business funds and if

11  no contributions are received by such corporations or business

12  entities.

13         (3)  "Contribution" means:

14         (a)  A gift, subscription, conveyance, deposit, loan,

15  payment, or distribution of money or anything of value,

16  including contributions in kind having an attributable

17  monetary value in any form, made for the purpose of

18  influencing the results of an election.

19         (b)  A transfer of funds between political committees,

20  between committees of continuous existence, or between a

21  political committee and a committee of continuous existence.

22         (c)  The payment, by any person other than a candidate

23  or political committee, of compensation for the personal

24  services of another person which are rendered to a candidate

25  or political committee without charge to the candidate or

26  committee for such services.

27         (d)  The transfer of funds by a campaign treasurer or

28  deputy campaign treasurer between a primary depository and a

29  separate interest-bearing account or certificate of deposit,

30  and the term includes any interest earned on such account or

31  certificate.

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    Florida Senate - 1998                                  SB 1428
    23-683-98




  1         (e)  Any funds received by a political committee which

  2  are used or intended to be used, directly or indirectly, to

  3  pay for a political advertisement supporting or opposing an

  4  elected public official.

  5

  6  Notwithstanding the foregoing meanings of "contribution," the

  7  word shall not be construed to include services, including,

  8  but not limited to, legal and accounting services, provided

  9  without compensation by individuals volunteering a portion or

10  all of their time on behalf of a candidate or political

11  committee.  This definition shall not be construed to include

12  editorial endorsements.

13         (4)  "Expenditure" means a purchase, payment,

14  distribution, loan, advance, transfer of funds by a campaign

15  treasurer or deputy campaign treasurer between a primary

16  depository and a separate interest-bearing account or

17  certificate of deposit, or gift of money or anything of value

18  made for the purpose of influencing the results of an election

19  or for purchasing a political advertisement supporting or

20  opposing an elected public official. However, "expenditure"

21  does not include a purchase, payment, distribution, loan,

22  advance, or gift of money or anything of value made for the

23  purpose of influencing the results of an election when made by

24  an organization, in existence prior to the time during which a

25  candidate qualifies or an issue is placed on the ballot for

26  that election, for the purpose of printing or distributing

27  such organization's newsletter, containing a statement by such

28  organization in support of or opposition to a candidate or

29  issue, which newsletter is distributed only to members of such

30  organization.

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    Florida Senate - 1998                                  SB 1428
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  1         Section 2.  Subsection (5) of section 106.04, Florida

  2  Statutes, is amended to read:

  3         106.04  Committees of continuous existence.--

  4         (5)  No committee of continuous existence shall

  5  contribute to any candidate or political committee an amount

  6  in excess of the limits contained in s. 106.08(1) or

  7  participate in any other activity which is prohibited by this

  8  chapter.  If any violation occurs, it shall be punishable as

  9  provided in this chapter for the given offense.  No funds of a

10  committee of continuous existence shall be expended on behalf

11  of a candidate, except by means of a contribution made through

12  the duly appointed campaign treasurer of a candidate.  No such

13  committee shall make expenditures in support of, or in

14  opposition to, an issue or an elected public official unless

15  such committee first registers as a political committee

16  pursuant to this chapter and undertakes all the practices and

17  procedures required thereof; provided such committee may make

18  contributions in a total amount not to exceed 25 percent of

19  its aggregate income, as reflected in the annual report filed

20  for the previous year, to one or more political committees

21  registered pursuant to s. 106.03 and formed to support or

22  oppose issues.

23         Section 3.  This act shall take effect July 1, 1998.

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25            *****************************************

26                          SENATE SUMMARY

27    Modifies the definitions of the terms "political
      committee," "contribution," and "expenditure" for purpose
28    of the enforcement of the state's campaign finance laws.
      Provides that a committee of continuous existence may not
29    make an expenditure in support of or in opposition to an
      elected public official unless the committee complies
30    with prescribed procedures.

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