CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HBs 3743 & 3941
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Mackenzie offered the following:
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13 Amendment (with title amendment)
14 On page 20, between lines 26 - 27 of the bill
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17 Section 21. Paragraph (a) of subsection (6) of section
18 106.29, Florida Statutes, is amended to read:
19 106.29 Reports by political parties; restrictions on
20 contributions and expenditures; penalties.--
21 (1) The state executive committee and each county
22 executive committee of each political party regulated by
23 chapter 103 shall file regular reports of all contributions
24 received and all expenditures made by such committee. Such
25 reports shall contain the same information as do reports
26 required of candidates by s. 106.07 and shall be filed on the
27 10th day following the end of each calendar quarter, except
28 that, during the period from the last day for candidate
29 qualifying until the general election, such reports shall be
30 filed on the Friday immediately preceding the first primary
31 election, the second primary election, and the general
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File original & 9 copies 04/13/98
hmo0008 09:19 am 03743-0099-295407
HOUSE AMENDMENT
Bill No. CS/HBs 3743 & 3941
Amendment No. (for drafter's use only)
1 election. Each state executive committee shall file the
2 original and one copy of its reports with the Division of
3 Elections. Each county executive committee shall file its
4 reports with the supervisor of elections in the county in
5 which such committee exists. Any state or county executive
6 committee failing to file a report on the designated due date
7 shall be subject to a fine as provided in subsection (3). No
8 separate fine shall be assessed for failure to file a copy of
9 any report required by this section.
10 (2) The chair and treasurer of each state or county
11 executive committee shall certify as to the correctness of
12 each report filed by them on behalf of such committee. Any
13 committee chair or treasurer who certifies the correctness of
14 any report while knowing that such report is incorrect, false,
15 or incomplete commits a felony of the third degree, punishable
16 as provided in s. 775.082, s. 775.083, or s. 775.084.
17 (3)(a) Any state or county executive committee failing
18 to file a report on the designated due date shall be subject
19 to a fine as provided in paragraph (b) for each late day. The
20 fine shall be assessed by the filing officer, and the moneys
21 collected shall be deposited in the Elections Commission Trust
22 Fund.
23 (b) Upon determining that a report is late, the filing
24 officer shall immediately notify the chair of the executive
25 committee as to the failure to file a report by the designated
26 due date and that a fine is being assessed for each late day.
27 The fine shall be $1,000 for a state executive committee, and
28 $50 for a county executive committee, per day for each late
29 day, not to exceed 25 percent of the total receipts or
30 expenditures, whichever is greater, for the period covered by
31 the late report. However, if an executive committee fails to
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File original & 9 copies 04/13/98
hmo0008 09:19 am 03743-0099-295407
HOUSE AMENDMENT
Bill No. CS/HBs 3743 & 3941
Amendment No. (for drafter's use only)
1 file a report on the Friday immediately preceding the general
2 election, the fine shall be $10,000 per day for each day a
3 state executive committee is late and $500 per day for each
4 day a county executive committee is late. Upon receipt of the
5 report, the filing officer shall determine the amount of the
6 fine which is due and shall notify the chair. The filing
7 officer shall determine the amount of the fine due based upon
8 the earliest of the following:
9 1. When the report is actually received by such
10 officer.
11 2. When the report is postmarked.
12 3. When the certificate of mailing is dated.
13 4. When the receipt from an established courier
14 company is dated.
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16 Such fine shall be paid to the filing officer within 20 days
17 after receipt of the notice of payment due, unless appeal is
18 made to the Florida Elections Commission pursuant to paragraph
19 (c). An officer or member of an executive committee shall not
20 be personally liable for such fine.
21 (c) The chair of an executive committee may appeal or
22 dispute the fine, based upon unusual circumstances surrounding
23 the failure to file on the designated due date, and may
24 request and shall be entitled to a hearing before the Florida
25 Elections Commission, which shall have the authority to waive
26 the fine in whole or in part. Any such request shall be made
27 within 20 days after receipt of the notice of payment due. In
28 such case, the chair of the executive committee shall, within
29 the 20-day period, notify the filing officer in writing of his
30 or her intention to bring the matter before the commission.
31 (d) The appropriate filing officer shall notify the
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File original & 9 copies 04/13/98
hmo0008 09:19 am 03743-0099-295407
HOUSE AMENDMENT
Bill No. CS/HBs 3743 & 3941
Amendment No. (for drafter's use only)
1 Florida Elections Commission of the repeated late filing by an
2 executive committee, the failure of an executive committee to
3 file a report after notice, or the failure to pay the fine
4 imposed.
5 (4) Any contribution received by a state or county
6 executive committee less than 5 days before an election shall
7 not be used or expended in behalf of any candidate, issue, or
8 political party participating in such election.
9 (5) No state or county executive committee, in the
10 furtherance of any candidate or political party, directly or
11 indirectly, shall give, pay, or expend any money, give or pay
12 anything of value, authorize any expenditure, or become
13 pecuniarily liable for any expenditure prohibited by this
14 chapter. However, the contribution of funds by one executive
15 committee to another or to established party organizations for
16 legitimate party or campaign purposes is not prohibited, but
17 all such contributions shall be recorded and accounted for in
18 the reports of the contributor and recipient.
19 (6)(a) The national, state, and county executive
20 committees of a political party may not contribute to any
21 candidate any amount in excess of the limits contained in s.
22 106.08(2), and all contributions required to be reported under
23 s. 106.08(2) by the national executive committee of a
24 political party shall be reported by the state executive
25 committee of that political party.
26 (b) A violation of the contribution limits contained
27 in s. 106.08(2) is a misdemeanor of the first degree,
28 punishable as provided in s. 775.082 or s. 775.083. A civil
29 penalty equal to three times the amount in excess of the
30 limits contained in s. 106.08(2) shall be assessed against any
31 executive committee found in violation thereof.
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File original & 9 copies 04/13/98
hmo0008 09:19 am 03743-0099-295407
HOUSE AMENDMENT
Bill No. CS/HBs 3743 & 3941
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 4,line 6
4 remove from the title of the bill: all of said line
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6 and insert in lieu thereof:
7 election; providing exceptions; amending s.
8 106.29, F. S., relating to reports by political
9 parties; restrictions on contributions and
10 expenditures; penalties; creating s.
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File original & 9 copies 04/13/98
hmo0008 09:19 am 03743-0099-295407