CODING: Words stricken are deletions; words underlined are additions.House Bill 0183c1
Florida House of Representatives - 1997 CS/HB 183
By the Committee on Election Reform and Representatives
Diaz de la Portilla, Feeney, Byrd and Culp
1 A bill to be entitled
2 An act relating to campaign financing; amending
3 s. 106.1405, F.S.; prohibiting the use of
4 campaign funds by candidates and their spouses
5 for salary or personal expenses; providing
6 penalties; amending s. 106.011, F.S.; revising
7 the definition of "independent expenditure";
8 amending s. 106.085, F.S.; revising notice
9 requirements for certain independent
10 expenditures; providing penalties; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 106.1405, Florida Statutes, is
16 amended to read:
17 106.1405 Use of campaign funds for salary or personal
18 expenses prohibited; penalties by candidates.--
19 (1) If A candidate or the spouse of a candidate may
20 not intends to draw a salary from the campaign account of such
21 candidate or use funds on deposit in a campaign account of
22 such candidate to defray normal living expenses for the
23 candidate or the candidate's family, other than expenses
24 actually incurred for transportation, meals, and lodging by
25 the candidate or a family member during travel in the course
26 of the campaign, the candidate shall, at the same time he or
27 she appoints a treasurer and designates his or her campaign
28 depository, file with the officer before whom he or she
29 qualifies a statement that the candidate intends to use the
30 funds for such purposes. Unless the statement of intent is
31 filed at such time, the funds shall not be so used.
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1 (2) Violation of this section is punishable as
2 provided in s. 106.19.
3 Section 2. Subsection (5) of section 106.011, Florida
4 Statutes, is amended to to read:
5 106.011 Definitions.--As used in this chapter, the
6 following terms have the following meanings unless the context
7 clearly indicates otherwise:
8 (5) "Independent expenditure" means an expenditure by
9 a person or organization for the purpose of advocating the
10 election or defeat of a candidate or the approval or rejection
11 of an issue, which expenditure is not controlled by,
12 coordinated with, or made upon consultation with, any
13 candidate, political committee, or agent of such candidate or
14 committee or which expenditure is not controlled by,
15 coordinated with, made upon consultation with, or made through
16 the national or state political party, or the state or county
17 executive committee, including any subordinate committee of a
18 national or state committee of a political party or executive
19 committee. An expenditure for such purpose by a person having
20 a contract with the candidate, political committee, or agent
21 of such candidate or committee in a given election period
22 shall not be deemed an independent expenditure.
23 Section 3. Section 106.085, Florida Statutes, is
24 amended to read:
25 106.085 Independent expenditures; unfair surprise
26 prohibited; notice requirements; penalty.--
27 (1) Any individual, group, organization, or committee
28 making an independent expenditure in excess of $1,000 on
29 behalf of or in opposition to a candidate shall deliver notice
30 in writing of such independent expenditure, as well as the
31 amount of such expenditure and a detailed description of the
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Florida House of Representatives - 1997 CS/HB 183
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1 media type or use of such expenditure, within 24 hours after
2 obligating any funds for such expenditure. However, the notice
3 of the obligation of the expenditure must be made at least 10
4 days prior to any election. An expenditure is obligated upon
5 the purchase of any political advertising or the entering into
6 any agreement, either oral or written, to purchase any
7 political advertising. Such notice shall be delivered to all
8 of the candidates in the affected race and to the qualifying
9 officer of such candidates. The notice shall specifically
10 state the name of the candidate whom the independent
11 expenditure is designed to support or oppose. For purposes of
12 this subsection, notice shall include, but is not limited to,
13 personal hand delivery or overnight mail. Each new
14 expenditure shall require the delivery or filing of an
15 additional new notice. This subsection does not apply to a
16 primary election if the candidate is unopposed in the primary
17 election.
18 (2)(a) If the political advertisement required to be
19 noticed under subsection (1) is to be broadcast over any
20 television, cable television, or radio station, a copy of the
21 actual advertisement or text of the advertisement must be
22 provided with the notification, along with a listing of the
23 stations airing the advertisement.
24 (b) If the political advertisement required to be
25 noticed under subsection (1) is to be communicated through
26 means other than the spoken word, a duplicate reproduced from
27 the original advertisement to be used must be provided with
28 the notification.
29 (c) If the political advertisement required to be
30 noticed under subsection (1) is to be a telephone
31 solicitation, a copy of the script of the telephone
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1 solicitation must be provided with the notification, along
2 with the estimated number of intended recipients.
3 (3)(2) A person who violates any provision of this
4 section shall be liable for a civil fine of up to $5,000 to be
5 determined by the Florida Elections Commission or the entire
6 an amount equal to 10 percent of the expenditure not noticed,
7 whichever is greater.
8 (4) This section does not prohibit a person from
9 making an independent expenditure in support of or in
10 opposition to any candidate or issue, unless otherwise
11 prohibited by law, from expressing his or her opinion on any
12 issue, or from purchasing any political advertisement or
13 campaign material.
14 Section 4. This act shall take effect January 1, 1998.
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