Senate Bill 2220
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
By Senator Klein
28-690B-98
1 A bill to be entitled
2 An act relating to campaign contributions;
3 amending s. 106.08, F.S.; providing limitations
4 on campaign contributions; amending s. 106.011,
5 F.S.; redefining the terms "contributions,"
6 "independent expenditure," and "political
7 advertisement," and defining the phrase "in
8 coordination with" for purposes of laws
9 governing campaign contributions; amending s.
10 106.021, F.S.; deleting an exception to
11 prohibitions on certain direct campaign
12 contributions by political committees or
13 political parties; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (2) of section 106.08, Florida
18 Statutes, is amended to read:
19 106.08 Contributions; limitations on.--
20 (2)(a) A person, political committee, or committee of
21 continuous existence may not make contributions to a state or
22 county executive committee or a subordinate, affiliated, or
23 related committee of a political party regulated by chapter
24 103 which contributions exceed $5,000 in the aggregate in any
25 calendar year.
26 (b)(a) A candidate may not accept contributions from
27 national, state, including any subordinate, affiliated, or
28 related committee of a national, state, or county committee of
29 a political party, and county executive committees of a
30 political party, which contributions, including in-kind
31 contributions exceed $5,000 in the aggregate in any calendar
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
1 year in the aggregate exceed $50,000, no more than $25,000 of
2 which may be accepted prior to the 28-day period immediately
3 preceding the date of the general election.
4 (c)(b) National, state, or county committees of a
5 political party, including subordinate, affiliated, or related
6 committees, may not make contributions to a candidate which
7 contributions, including in-kind contributions, exceed $5,000
8 in the aggregate in any calendar year. Polling services,
9 research services, costs for campaign staff, professional
10 consulting services, and telephone calls are not contributions
11 to be counted toward the contribution limits of paragraph (a).
12 Any item not expressly identified in this paragraph as
13 nonallocable is a contribution in an amount equal to the fair
14 market value of the item and must be counted as allocable
15 toward the $50,000 contribution limits of paragraph (a).
16 Nonallocable, in-kind contributions must be reported by the
17 candidate under s. 106.07 and by the political party under s.
18 106.29.
19 Section 2. Subsections (3), (5), and (17) of section
20 106.011, Florida Statutes, are amended and subsection (18) is
21 added to that section to read:
22 106.011 Definitions.--As used in this chapter, the
23 following terms have the following meanings unless the context
24 clearly indicates otherwise:
25 (3) "Contribution" means:
26 (a) A gift, subscription, conveyance, deposit, loan,
27 payment, or distribution of money or anything of value,
28 including contributions in kind having an attributable
29 monetary value in any form, made for the purpose of
30 influencing the results of an election.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
1 (b) A transfer of funds between political committees,
2 between committees of continuous existence, or between a
3 political committee and a committee of continuous existence.
4 (c) The payment, by any person other than a candidate
5 or political committee, of compensation for the personal
6 services of another person which are rendered to a candidate
7 or political committee without charge to the candidate or
8 committee for such services.
9 (d) The transfer of funds by a campaign treasurer or
10 deputy campaign treasurer between a primary depository and a
11 separate interest-bearing account or certificate of deposit,
12 and the term includes any interest earned on such account or
13 certificate.
14 (e) Any political advertisement, other than an
15 independent expenditure, paid for by a national, state, or
16 county executive committee of a political party, including any
17 subordinate committee of a national, state, or county
18 committee of a political party, which refers to a clearly
19 identified candidate.
20 (f) Any political advertisement made in coordination
21 with a candidate which refers to a clearly identified
22 candidate.
23 (g) Any political advertisement, other than an
24 independent expenditure, which refers to a clearly identified
25 candidate and is distributed at any time after the close of
26 qualifying for that candidate's office and before the close of
27 the general election.
28
29 Notwithstanding the foregoing meanings of "contribution," the
30 word shall not be construed to include services, including,
31 but not limited to, legal and accounting services, provided
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
1 without compensation by individuals volunteering a portion or
2 all of their time on behalf of a candidate or political
3 committee. This definition shall not be construed to include
4 editorial endorsements.
5 (5)(a) "Independent expenditure" means an expenditure
6 by a person for the purpose of advocating the election or
7 defeat of a candidate or the approval or rejection of an
8 issue, which expenditure is not controlled by, coordinated
9 with, or made upon consultation with, any candidate, political
10 committee, or agent of such candidate or committee. An
11 expenditure for such purpose by a person having a contract
12 with the candidate, political committee, or agent of such
13 candidate or committee in a given election period shall not be
14 deemed an independent expenditure.
15 (b) An expenditure for the purpose of advocating the
16 election or defeat of a candidate which is made by the
17 national, state, or county executive committee of a political
18 party, including any subordinate committee of a national,
19 state, or county committee of a political party, or by any
20 political committee or committee of continuous existence, or
21 any other person, shall not be considered an independent
22 expenditure if the committee or person makes the expenditure
23 in coordination with any candidate.:
24 1. Communicates with the candidate, the candidate's
25 campaign, or an agent of the candidate acting on behalf of the
26 candidate, including any pollster, media consultant,
27 advertising agency, vendor, advisor, or staff member,
28 concerning the preparation of, use of, or payment for, the
29 specific expenditure or advertising campaign at issue; or
30 2. Makes a payment in cooperation, consultation, or
31 concert with, at the request or suggestion of, or pursuant to
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
1 any general or particular understanding with the candidate,
2 the candidate's campaign, a political committee supporting the
3 candidate, or an agent of the candidate relating to the
4 specific expenditure or advertising campaign at issue; or
5 3. Makes a payment for the dissemination,
6 distribution, or republication, in whole or in part, of any
7 broadcast or any written, graphic, or other form of campaign
8 material prepared by the candidate, the candidate's campaign,
9 or an agent of the candidate, including any pollster, media
10 consultant, advertising agency, vendor, advisor, or staff
11 member; or
12 4. Makes a payment based on information about the
13 candidate's plans, projects, or needs communicated to a member
14 of the committee or person by the candidate or an agent of the
15 candidate, provided the committee or person uses the
16 information in any way, in whole or in part, either directly
17 or indirectly, to design, prepare, or pay for the specific
18 expenditure or advertising campaign at issue; or
19 5. After the last day of qualifying for statewide or
20 legislative office, consults about the candidate's plans,
21 projects, or needs in connection with the candidate's pursuit
22 of election to office and the information is used in any way
23 to plan, create, design, or prepare an independent expenditure
24 or advertising campaign, with:
25 a. Any officer, director, employee, or agent of a
26 national, state, or county executive committee of a political
27 party that has made or intends to make expenditures in
28 connection with or contributions to the candidate; or
29 b. Any person whose professional services have been
30 retained by a national, state, or county executive committee
31 of a political party that has made or intends to make
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
1 expenditures in connection with or contributions to the
2 candidate; or
3 6. After the last day of qualifying for statewide or
4 legislative office, retains the professional services of any
5 person also providing those services to the candidate in
6 connection with the candidate's pursuit of election to office;
7 or
8 7. Arranges, coordinates, or directs the expenditure,
9 in any way, with the candidate or an agent of the candidate.
10 (17) "Political advertisement" means a paid expression
11 in any communications media prescribed in subsection (13),
12 whether radio, television, newspaper, magazine, periodical,
13 campaign literature, direct mail, or display or by means other
14 than the spoken word in direct conversation, which shall
15 support or oppose any candidate, elected public official,
16 political party, or issue, whether or not it contains the
17 words "vote for," "re-elect," or other similar statements.
18 However, political advertisement does not include:
19 (a) A statement by an organization, in existence prior
20 to the time during which a candidate qualifies or an issue is
21 placed on the ballot for that election, in support of or
22 opposition to a candidate or issue, in that organization's
23 newsletter, which newsletter is distributed only to the
24 members of that organization.
25 (b) Editorial endorsements by any newspaper, radio or
26 television station, or other recognized news medium.
27 (18) "In coordination with" means:
28 (a) Having a contract with the candidate, political
29 committee, or agent of the candidate or committee in a given
30 election period.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
1 (b) Communicating with the candidate, the candidate's
2 campaign staff, or an agent of the candidate, including a
3 pollster, media consultant, advertising agency, vendor,
4 advisor, or staff member, concerning advertising, allocation
5 of resources, fundraising, or other matters related to the
6 candidate's campaign, including campaign operations, staffing,
7 tactics, or strategy.
8 (c) Making a payment in cooperation, consultation, or
9 concert with, at the request or suggestion of, or pursuant to
10 any general or particular understanding with the candidate or
11 the candidate's committee, or agent.
12 (d) Making a payment for the dissemination,
13 distribution or republication of any broadcast or written,
14 graphic, or other campaign material prepared by the candidate
15 or his or her campaign or agent, including a pollster, media
16 consultant, advertising agency, vendor, advisor, or staff
17 member.
18 (e) Making a payment based on information about the
19 candidate's plans or needs which is communicated to a member
20 of the committee or person by the candidate or his or her
21 agent and which is used to prepare or pay for the specific
22 expenditure or advertising campaign at issue.
23 (f) After the last day of qualifying for statewide or
24 legislative office, consulting with any of the following
25 persons about the candidate's plans or needs regarding the
26 campaign concerning information that is used to prepare an
27 independent expenditure or advertising campaign:
28 1. An 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 for or
31 contributions to the candidate, or
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
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 for or contributions to the candidate.
5 (g) After the last day of qualifying for statewide or
6 legislative office, retaining the professional services of any
7 person who has provided or is providing those services to the
8 candidate in connection with the candidate's campaign.
9 (h) Arranging, coordinating, or directing the
10 expenditure with the candidate or his or her agent.
11 Section 3. Subsection (3) of section 106.021, Florida
12 Statutes, is amended to read:
13 106.021 Campaign treasurers; deputies; primary and
14 secondary depositories.--
15 (3) Except for independent expenditures, no
16 contribution or expenditure, including contributions or
17 expenditures of a candidate or of the candidate's family,
18 shall be directly or indirectly made or received in
19 furtherance of the candidacy of any person for nomination or
20 election to political office in the state or on behalf of any
21 political committee except through the duly appointed campaign
22 treasurer of the candidate or political committee. However,
23 expenditures may be made directly by any political committee
24 or political party regulated by chapter 103 for obtaining
25 time, space, or services in or by any communications medium
26 for the purpose of jointly endorsing three or more candidates,
27 and any such expenditure shall not be considered a
28 contribution or expenditure to or on behalf of any such
29 candidates for the purposes of this chapter.
30 Section 4. This act shall take effect July 1, 1998.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2220
28-690B-98
1 *****************************************
2 SENATE SUMMARY
3 Limits contributions to state or county executive
committees to $5,000 per calendar year. Limits
4 contributions to candidates from executive committees to
$5,000 in the aggregate in any calendar year. Redefines
5 the terms "contribution," "independent expenditure," and
"political advertisement," and defines the phrase "in
6 coordination with" for purposes of campaign contribution
laws. Deletes an exception to prohibitions on certain
7 direct campaign contributions by political parties.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9