CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4067

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Governmental Operations offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Subsection (5) of section 106.08, Florida

19  Statutes, is amended to read:

20         (5)(a)  A person may not make any contribution through

21  or in the name of another, directly or indirectly, in any

22  election. In addition to any other violation of this paragraph

23  that may apply to a person, whether an individual,

24  corporation, partnership, or other business entity, it is a

25  violation of this paragraph for any corporation, partnership,

26  or other business entity to:

27         1.  Give money or any bonus, award, or thing of value

28  to an employee for the purpose of effecting a contribution in

29  support of or in opposition to any candidate, issue, political

30  party, political committee, or committee of continuous

31  existence;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4067

    Amendment No. 01 (for drafter's use only)





 1         2.  Give money or any bonus, award, or thing of value

 2  to an employee for the purpose of reimbursing the employee, in

 3  whole or in part, for making a contribution in support of or

 4  in opposition to any candidate, issue, political party,

 5  political committee, or committee of continuous existence; or

 6         3.  By bribery, menace, threat, or other corruption,

 7  including the possibility of termination of employment, either

 8  directly or indirectly mandate that an employee make a

 9  contribution in support of or in opposition to any candidate,

10  issue, political party, political committee, or committee of

11  continuous existence;

12

13  and the corporation, partnership, or other business entity so

14  doing shall be the party subject to the penalties provided in

15  subsections (7) and (8) for the contribution made by an

16  employee in violation of this paragraph.

17         (b)  Candidates, political committees, and political

18  parties may not solicit contributions from or make

19  contributions to any religious, charitable, civic, or other

20  causes or organizations established primarily for the public

21  good. However, it is not a violation of this paragraph

22  subsection for a candidate, political committee, or political

23  party executive committee to make gifts of money in lieu of

24  flowers in memory of a deceased person or for a candidate to

25  continue membership in, or make regular donations from

26  personal or business funds to, religious, political party,

27  civic, or charitable groups of which the candidate is a member

28  or to which the candidate has been a regular donor for more

29  than 6 months.  A candidate may purchase, with campaign funds,

30  tickets, admission to events, or advertisements from

31  religious, civic, political party, or charitable groups.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4067

    Amendment No. 01 (for drafter's use only)





 1         Section 2.  Paragraph (a) of subsection (1) of section

 2  106.021, Florida Statutes, is amended to read:

 3         106.021  Campaign treasurers; deputies; primary and

 4  secondary depositories.--

 5         (1)(a)  Each candidate for nomination or election to

 6  office and each political committee shall appoint a campaign

 7  treasurer. Each person who seeks to qualify for nomination or

 8  election to, or retention in, office shall appoint a campaign

 9  treasurer and designate a primary campaign depository prior to

10  qualifying for office.  Any person who seeks to qualify for

11  election or nomination to any office by means of the

12  petitioning process shall appoint a treasurer and designate a

13  primary depository on or before the date he or she obtains the

14  petitions.  Each candidate shall at the same time he or she

15  designates a campaign depository and appoints a treasurer also

16  designate the office for which he or she is a candidate.  If

17  the candidate is running for an office which will be grouped

18  on the ballot with two or more similar offices to be filled at

19  the same election, the candidate must indicate for which group

20  or district office he or she is running.  Nothing in this

21  subsection shall prohibit a candidate, at a later date, from

22  changing the designation of the office for which he or she is

23  a candidate.  However, if a candidate changes the designated

24  office for which he or she is a candidate, the candidate must

25  notify all contributors in writing of the intent to seek a

26  different office and offer to return pro rata, upon their

27  request, those contributions given in support of the original

28  office sought. This notification shall be given within 15 days

29  after the filing of the change of designation and shall

30  include a standard form developed by the Division of Elections

31  for requesting the return of contributions.  The notice

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4067

    Amendment No. 01 (for drafter's use only)





 1  requirement shall not apply to any change in a numerical

 2  designation resulting solely from redistricting.  If, within

 3  30 days after being notified by the candidate of the intent to

 4  seek a different office, the contributor notifies the

 5  candidate in writing that the contributor wishes his or her

 6  contribution to be returned, the candidate shall return the

 7  contribution, on a pro rata basis, calculated as of the date

 8  the change of designation is filed.  Any contributions not

 9  requested to be returned within the 30-day period may be used

10  by the candidate for the newly designated office.  No person

11  shall accept any contribution or make any expenditure with a

12  view to bringing about his or her nomination, election, or

13  retention in public office, or authorize another to accept

14  such contributions or make such expenditure on the person's

15  behalf, unless such person has appointed a campaign treasurer

16  and designated a primary campaign depository. For the purposes

17  of this section, a designation of a primary campaign

18  depository is deemed to be completed when it is postmarked to

19  or filed with, whichever is earlier, the officer before whom

20  the candidate is required to qualify. A candidate for an

21  office voted upon statewide may appoint not more than 15

22  deputy campaign treasurers, and any other candidate or

23  political committee may appoint not more than 3 deputy

24  campaign treasurers.  The names and addresses of the campaign

25  treasurer and deputy campaign treasurers so appointed shall be

26  filed with the officer before whom such candidate is required

27  to qualify or with whom such political committee is required

28  to register pursuant to s. 106.03.  Each candidate who

29  qualifies with the Department of State for an office not voted

30  upon statewide shall, at the same time, file a copy of the

31  name and address of the campaign treasurer with the supervisor

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4067

    Amendment No. 01 (for drafter's use only)





 1  of elections in the county in which the candidate resides.

 2         Section 3.  This act shall take effect July 1 of the

 3  year in which enacted.

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8  remove from the title of the bill:  everything before the

 9  enacting clause

10

11  and insert in lieu thereof:

12                      A bill to be entitled

13         An act relating to elections; amending s.

14         106.08, F.S.; prohibiting corporations,

15         partnerships, or other business entities from

16         coercing employees through specified acts to

17         make a contribution in support of or in

18         opposition to any candidate, issue, political

19         party, political committee, or committee of

20         continuous existence; prohibiting such business

21         entities from giving anything of value to an

22         employee to effect a campaign contribution or

23         to reimburse an employee for making a campaign

24         contribution; providing penalties; amending s.

25         106.021, F.S.; providing when designation of a

26         campaign depository is deemed completed;

27         providing an effective date.

28

29

30

31

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