CODING: Words stricken are deletions; words underlined are additions.House Bill 0681
Florida House of Representatives - 1997 HB 681
By Representative Futch
1 A bill to be entitled
2 An act relating to campaign financing;
3 repealing ss. 106.30-106.36, F.S., the "Florida
4 Election Campaign Financing Act"; amending ss.
5 99.092, 99.103, and 105.031, F.S.; eliminating
6 the transfer of a portion of filing fees to the
7 trust fund and reducing filing fees
8 accordingly, to conform; amending s. 99.093,
9 F.S.; eliminating the transfer of a portion of
10 municipal election assessments to the trust
11 fund and reducing the municipal election
12 assessment accordingly, to conform; amending s.
13 102.112, F.S.; providing for deposit of fines
14 assessed for late county election returns into
15 general revenue rather than the trust fund, to
16 conform; amending ss. 106.04 and 106.07, F.S.;
17 providing for deposit of fines assessed for
18 late campaign financing reports into general
19 revenue rather than the trust fund, to conform;
20 eliminating the separate reporting dates for
21 candidates receiving contributions from the
22 trust fund, to conform; amending s. 106.141,
23 F.S.; eliminating deposit of surplus campaign
24 funds into the trust fund, to conform; amending
25 s. 106.22, F.S.; eliminating the required
26 audits of campaign accounts of candidates
27 receiving contributions from the trust fund, to
28 conform; amending s. 106.265, F.S.; providing
29 for deposit of civil penalties into general
30 revenue instead of the trust fund, to conform;
31 repealing ss. 199.052(14) and 320.02(13), F.S.,
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1 and amending ss. 322.08, 327.25, and 607.1622,
2 F.S., to eliminate provisions that authorize
3 voluntary contributions to the trust fund, to
4 conform; amending ss. 370.12, 732.9215, and
5 732.9216, F.S.; correcting cross references, to
6 conform; providing an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Sections 106.30, 106.31, 106.32, 106.33,
11 106.35, 106.353, and 106.355, Florida Statutes, and sections
12 106.34 and 106.36, Florida Statutes, as amended by chapter
13 95-147, Laws of Florida, are hereby repealed.
14 Section 2. Subsection (1) of section 99.092, Florida
15 Statutes, is amended to read:
16 99.092 Qualifying fee of candidate; notification of
17 Department of State.--
18 (1) Each person seeking to qualify for nomination or
19 election to any office, except a person seeking to qualify
20 pursuant to s. 99.095 and except a person seeking to qualify
21 as a write-in candidate, shall pay a qualifying fee, which
22 shall consist of a filing fee and election assessment, to the
23 officer with whom the person qualifies, and any party
24 assessment levied, and shall attach the original or signed
25 duplicate of the receipt for his or her party assessment or
26 pay the same, in accordance with the provisions of s. 103.121,
27 at the time of filing his or her other qualifying papers. The
28 amount of the filing fee is 3 4.5 percent of the annual salary
29 of the office. The amount of the filing fee equal to 1.5
30 percent of the annual salary of the office shall be
31 transferred to the Election Campaign Financing Trust Fund.
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1 The remainder shall be distributed pursuant to s. 99.103. The
2 amount of the election assessment is 1 percent of the annual
3 salary of the office sought. The election assessment shall be
4 deposited into the Elections Commission Trust Fund. The
5 amount of the party assessment is 2 percent of the annual
6 salary. The annual salary of the office for purposes of
7 computing the filing fee, election assessment, and party
8 assessment shall be computed by multiplying 12 times the
9 monthly salary, excluding any special qualification pay,
10 authorized for such office as of July 1 immediately preceding
11 the first day of qualifying. No qualifying fee shall be
12 returned to the candidate unless the candidate withdraws his
13 or her candidacy before the last date to qualify. If a
14 candidate dies prior to an election and has not withdrawn his
15 or her candidacy before the last date to qualify, the
16 candidate's qualifying fee shall be returned to his or her
17 designated beneficiary, and, if the filing fee or any portion
18 thereof has been transferred to the political party of the
19 candidate, the Secretary of State shall direct the party to
20 return that portion to the designated beneficiary of the
21 candidate.
22 Section 3. Subsection (1) of section 99.093, Florida
23 Statutes, is amended to read:
24 99.093 Municipal candidates; election assessment.--
25 (1) Each person seeking to qualify for nomination or
26 election to a municipal office shall pay, at the time of
27 qualifying for office, an election assessment. The election
28 assessment shall be an amount equal to 1 1.5 percent of the
29 annual salary of the office sought. Within 30 days after the
30 close of qualifying, the qualifying officer shall forward all
31 amounts two-thirds of the amount collected pursuant to this
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1 section to the Department of State for deposit in the
2 Elections Commission Trust Fund and one-third of the amount
3 collected pursuant to this section shall be transferred to the
4 Election Campaign Financing Trust Fund.
5 Section 4. Section 99.103, Florida Statutes, is
6 amended to read:
7 99.103 Department of State to remit part of filing
8 fees and party assessments of candidates to state executive
9 committee.--
10 (1) If more than three-fourths of the full authorized
11 membership of the state executive committee of any party was
12 elected at the last previous election for such members and if
13 such party is declared by the Department of State to have
14 recorded on the registration books of the counties, as of the
15 first Tuesday after the first Monday in January prior to the
16 first primary in general election years, 5 percent of the
17 total registration of such counties when added together, such
18 committee shall receive, for the purpose of meeting its
19 expenses, all filing fees collected by the Department of State
20 from its candidates less the amount transferred to the
21 Election Campaign Financing Trust Fund pursuant to s. 99.092
22 and an amount equal to 15 percent of the filing fees after
23 such transfer, which amount the Department of State shall
24 deposit in the General Revenue Fund of the state.
25 (2) Not later than 20 days after the close of
26 qualifying in even-numbered years, the Department of State
27 shall remit 95 percent of all filing fees, less the amount
28 transferred to the Election Campaign Financing Trust Fund
29 pursuant to s. 99.092 and the amount deposited in the General
30 Revenue Fund pursuant to subsection (1), or party assessments
31 that may have been collected by the department to the
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1 respective state executive committees of the parties complying
2 with subsection (1). Party assessments collected by the
3 Department of State shall be remitted to the appropriate state
4 executive committee, irrespective of other requirements of
5 this section, provided such committee is duly organized under
6 the provisions of chapter 103. The remainder of filing fees
7 or party assessments collected by the Department of State
8 shall be remitted to the appropriate state executive
9 committees not later than the date of the first primary.
10 Section 5. Subsection (2) of section 102.112, Florida
11 Statutes, is amended to read:
12 102.112 Deadline for submission of county returns to
13 the Department of State; penalties.--
14 (2) The department shall fine each board member $200
15 for each day such returns are late, the fine to be paid only
16 from the board member's personal funds. Such fines shall be
17 deposited into the General Revenue Fund Election Campaign
18 Financing Trust Fund, created by s. 106.32.
19 Section 6. Subsection (3) of section 105.031, Florida
20 Statutes, is amended to read:
21 105.031 Qualification; filing fee; candidate's oath;
22 items required to be filed.--
23 (3) QUALIFYING FEE.--Each candidate qualifying for
24 election to judicial office, except write-in judicial
25 candidates, shall, during the time for qualifying, pay to the
26 officer with whom he or she qualifies a qualifying fee, which
27 shall consist of a filing fee and an election assessment, or
28 qualify by the alternative method. The amount of the filing
29 fee is 3 4.5 percent of the annual salary of the office
30 sought. The amount of the election assessment is 1 percent of
31 the annual salary of the office sought. The qualifying
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1 officer shall forward all filing fees to the Department of
2 Revenue for deposit in the General Revenue Fund. One-third of
3 all filing fees deposited into the General Revenue Fund shall
4 be subsequently transferred to the Election Campaign Financing
5 Trust Fund. The election assessment shall be deposited into
6 the Elections Commission Trust Fund. The annual salary of the
7 office for purposes of computing the qualifying fee shall be
8 computed by multiplying 12 times the monthly salary authorized
9 for such office as of July 1 immediately preceding the first
10 day of qualifying. This subsection shall not apply to
11 candidates qualifying for retention to judicial office.
12 Section 7. Paragraph (a) of subsection (8) of section
13 106.04, Florida Statutes, is amended to read:
14 106.04 Committees of continuous existence.--
15 (8)(a) Any committee of continuous existence failing
16 to file a report on the designated due date shall be subject
17 to a fine. The fine shall be $50 per day for each late day,
18 not to exceed 25 percent of the total receipts or
19 expenditures, whichever is greater, for the period covered by
20 the late report. The fine shall be assessed by the filing
21 officer, and the moneys collected shall be deposited in the
22 General Revenue Election Campaign Financing Trust Fund. No
23 separate fine shall be assessed for failure to file a copy of
24 any report required by this section.
25 Section 8. Subsection (1) and paragraph (a) of
26 subsection (8) of section 106.07, Florida Statutes, are
27 amended to read:
28 106.07 Reports; certification and filing.--
29 (1) Each campaign treasurer designated by a candidate
30 or political committee pursuant to s. 106.021 shall file
31 regular reports of all contributions received, and all
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1 expenditures made, by or on behalf of such candidate or
2 political committee. Reports shall be filed on the 10th day
3 following the end of each calendar quarter from the time the
4 campaign treasurer is appointed, except that, if the 10th day
5 following the end of a calendar quarter occurs on a Saturday,
6 Sunday, or legal holiday, the report shall be filed on the
7 next following day which is not a Saturday, Sunday, or legal
8 holiday. Quarterly reports shall include all contributions
9 received and expenditures made during the calendar quarter
10 which have not otherwise been reported pursuant to this
11 section.
12 (a) Except as provided in paragraph (b), Following the
13 last day of qualifying for office, the reports shall be filed
14 on the 32nd, 18th, and 4th days immediately preceding the
15 first primary and on the 18th and 4th days immediately
16 preceding the second primary and general election, for a
17 candidate who is opposed in seeking nomination or election to
18 any office, for a political committee, or for a committee of
19 continuous existence.
20 (b) Following the last day of qualifying for office,
21 any statewide candidate who has requested to receive
22 contributions from the Election Campaign Financing Trust Fund
23 or any statewide candidate in a race with a candidate who has
24 requested to receive contributions from the trust fund shall
25 file reports on the 4th, 11th, 18th, 25th, and 32nd days prior
26 to the first primary and general elections, and on the 4th,
27 11th, 18th, and 25th days prior to the second primary.
28 (b)(c) Following the last day of qualifying for
29 office, any unopposed candidate need only file a report within
30 90 days after the date such candidate became unopposed. Such
31 report shall contain all previously unreported contributions
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1 and expenditures as required by this section and shall reflect
2 disposition of funds as required by s. 106.141.
3 (c)(d)1. When a special election is called to fill a
4 vacancy in office, all political committees and committees of
5 continuous existence making contributions or expenditures to
6 influence the results of such special election shall file
7 campaign treasurers' reports with the filing officer on the
8 dates set by the Department of State pursuant to s. 100.111.
9 2. When an election is called for an issue to appear
10 on the ballot at a time when no candidates are scheduled to
11 appear on the ballot, all political committees making
12 contributions or expenditures in support of or in opposition
13 to such issue shall file reports on the 18th and 4th days
14 prior to such election.
15 (d)(e) The filing officer shall provide each candidate
16 with a schedule designating the beginning and end of reporting
17 periods as well as the corresponding designated due dates.
18 (8)(a) Any candidate or political committee failing to
19 file a report on the designated due date shall be subject to a
20 fine as provided in paragraph (b) for each late day, and, in
21 the case of a candidate, such fine shall be paid only from
22 personal funds of the candidate. The fine shall be assessed
23 by the filing officer and the moneys collected shall be
24 deposited:
25 1. In the General Revenue Election Campaign Financing
26 Trust Fund, in the case of a candidate for state office or a
27 political committee that registers with the Division of
28 Elections; or
29 2. In the general revenue fund of the political
30 subdivision, in the case of a candidate for an office of a
31
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1 political subdivision or a political committee that registers
2 with an officer of a political subdivision.
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4 No separate fine shall be assessed for failure to file a copy
5 of any report required by this section.
6 Section 9. Subsection (4) of section 106.141, Florida
7 Statutes, is amended to read:
8 106.141 Disposition of surplus funds by candidates.--
9 (4)(a) Except as provided in paragraph (b), Any
10 candidate required to dispose of funds pursuant to this
11 section shall, at the option of the candidate, dispose of such
12 funds by any of the following means, or any combination
13 thereof:
14 (a)1. Return pro rata to each contributor the funds
15 which have not been spent, or have not been obligated to be
16 spent, with respect to a campaign which has been conducted.
17 (b)2. Donate the funds which have not been spent or
18 have not been obligated to be spent to a charity organization
19 or organizations which meet the qualifications of s. 501(c)(3)
20 of the Internal Revenue Code, with respect to a campaign which
21 has been conducted.
22 (c)3. Give the funds which have not been spent or have
23 not been obligated to be spent to the political party of which
24 such candidate is a registered member.
25 (d)4. Give the funds which have not been spent, or
26 have not been obligated to be spent, with respect to a
27 campaign which has been conducted:
28 1.a. In the case of a candidate for state office, to
29 the state, to be deposited in either the Election Campaign
30 Financing Trust Fund or the General Revenue Fund, as
31 designated by the candidate; or
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1 2.b. In the case of a candidate for an office of a
2 political subdivision, to such political subdivision, to be
3 deposited in the general revenue fund of the political
4 subdivision thereof.
5 (b) Any candidate required to dispose of funds
6 pursuant to this section who has received contributions from
7 the Election Campaign Financing Trust Fund shall return all
8 surplus campaign funds to the Election Campaign Financing
9 Trust Fund.
10 Section 10. Subsection (6) of section 106.22, Florida
11 Statutes, is amended to read:
12 106.22 Duties of the Division of Elections.--It is the
13 duty of the Division of Elections to:
14 (6) Make, from time to time, audits and field
15 investigations with respect to reports and statements filed
16 under the provisions of this chapter and with respect to
17 alleged failures to file any report or statement required
18 under the provisions of this chapter. The division shall
19 conduct a postelection audit of the campaign accounts of all
20 candidates receiving contributions from the Election Campaign
21 Financing Trust Fund.
22 Section 11. Subsections (3) and (4) of section
23 106.265, Florida Statutes, are amended to read:
24 106.265 Civil penalties.--
25 (3) Any civil penalty collected pursuant to the
26 provisions of this section shall be deposited into the General
27 Revenue Election Campaign Financing Trust Fund.
28 (4) Notwithstanding any other provisions of this
29 chapter, any fine assessed pursuant to the provisions of this
30 chapter, which fine is designated to be deposited or which
31 would otherwise be deposited into the General Revenue Fund of
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1 the state, shall be deposited into the Election Campaign
2 Financing Trust Fund.
3 Section 12. Subsection (14) of section 199.052,
4 Florida Statutes, is hereby repealed.
5 Section 13. Subsection (13) of section 320.02, Florida
6 Statutes, is hereby repealed.
7 Section 14. Subsection (7) of section 322.08, Florida
8 Statutes, 1996 Supplement, is amended to read:
9 322.08 Application for license.--
10 (7) The application form for a driver's license or
11 duplicate thereof shall include language permitting the
12 following:
13 (a) A voluntary contribution of $5 per applicant,
14 which contribution shall be transferred into the Election
15 Campaign Financing Trust Fund.
16 (a)(b) A voluntary contribution of $1 per applicant,
17 which contribution shall be deposited into the Florida Organ
18 and Tissue Donor Education and Procurement Trust Fund for
19 organ and tissue donor education.
20 (b)(c) A voluntary contribution of $1 per applicant,
21 which contribution shall be distributed to the Florida Council
22 of the Blind.
23
24 A statement providing an explanation of the purpose of the
25 trust funds shall also be included.
26 Section 15. Subsection (1) of section 732.9215,
27 Florida Statutes, is amended to read:
28 732.9215 Education program relating to anatomical
29 gifts.--The Agency for Health Care Administration, subject to
30 the concurrence of the Department of Highway Safety and Motor
31 Vehicles, shall develop a continuing program to educate and
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1 inform medical professionals, law enforcement agencies and
2 officers, high school children, state and local government
3 employees, and the public regarding the laws of this state
4 relating to anatomical gifts and the need for anatomical
5 gifts.
6 (1) The program is to be implemented with the
7 assistance of the organ and tissue donor education panel as
8 provided in s. 732.9216 and with the funds collected under ss.
9 320.08047 and 322.08(7)(a)(b). Existing community resources,
10 when available, must be used to support the program, and
11 volunteers may assist the program to the maximum extent
12 possible. The Agency for Health Care Administration may
13 contract for the provision of all or any portion of the
14 program. When awarding such contract, the agency shall give
15 priority to existing nonprofit groups that are located within
16 the community, including within the minority communities
17 specified in subsection (2). The program aimed at educating
18 medical professionals may be implemented by contract with one
19 or more medical schools located in the state.
20 Section 16. Subsection (1) of section 732.9216,
21 Florida Statutes, is amended to read:
22 732.9216 Organ and tissue donor education panel.--
23 (1) The Legislature recognizes that there exists in
24 the state a shortage of organ and tissue donors to provide the
25 organs and tissue that could save lives or enhance the quality
26 of life for many Floridians. The Legislature further
27 recognizes the need to encourage the various minority
28 populations of Florida to donate organs and tissue. It is the
29 intent of the Legislature that the funds collected pursuant to
30 s. 322.08(7)(a)(b) be used exclusively for educational
31 purposes aimed at increasing the number of organ and tissue
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1 donors, thus affording more Floridians who are awaiting organ
2 or tissue transplants the opportunity for a full and
3 productive life.
4 Section 17. Subsection (11) of section 327.25, Florida
5 Statutes, 1996 Supplement, is amended to read:
6 327.25 Classification; registration; fees and charges;
7 surcharge; disposition of fees; fines; marine turtle
8 stickers.--
9 (11) VOLUNTARY CONTRIBUTIONS.--The application form
10 for boat registration shall include a provision to allow each
11 applicant to indicate a desire to pay an additional voluntary
12 contribution to the Save the Manatee Trust Fund for manatee
13 and marine mammal research, protection, recovery, rescue,
14 rehabilitation, and release. This contribution shall be in
15 addition to all other fees and charges. The amount of the
16 request for a voluntary contribution solicited shall be $1 per
17 registrant. Beginning with boat registration in fiscal year
18 1992-1993, the request for a voluntary contribution solicited
19 shall be $2 or $5 per registrant. A registrant who provides a
20 voluntary contribution of $5 or more shall be given a sticker
21 or emblem by the tax collector to display, which signifies
22 support for the Save the Manatee Trust Fund. All voluntary
23 contributions shall be deposited in the Save the Manatee Trust
24 Fund for use according to this subsection. The first $2 of
25 voluntary contribution by a vessel registrant shall be
26 available for the manatee protection and recovery effort
27 pursuant to s. 370.12(5)(a). Any additional amount of
28 voluntary contribution by a vessel registrant shall also be
29 for the purpose of the manatee protection and recovery effort,
30 except that any voluntary contribution in excess of the first
31 $2 voluntary contribution by a vessel registrant but not
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1 exceeding $2 shall be available for manatee rehabilitation by
2 those facilities approved to rescue, rehabilitate, and release
3 manatees pursuant to s. 370.12(5)(b). The form shall also
4 include language permitting a voluntary contribution of $5 per
5 applicant, which contribution shall be transferred into the
6 Election Campaign Financing Trust Fund. A statement providing
7 an explanation of the purpose of the trust fund shall also be
8 included.
9 Section 18. Paragraph (b) of subsection (5) of section
10 370.12, Florida Statutes, 1996 Supplement, is amended to read:
11 370.12 Marine animals; regulation.--
12 (5) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
13 (b) Each fiscal year moneys in the Save the Manatee
14 Trust Fund shall also be used, pursuant to s. 327.28(1)(b), to
15 reimburse the cost of activities related to manatee
16 rehabilitation by facilities that rescue, rehabilitate, and
17 release manatees as authorized pursuant to the Fish and
18 Wildlife Service of the United States Department of the
19 Interior. Such facilities must be involved in the actual
20 rescue and full-time acute care veterinarian-based
21 rehabilitation of manatees. The cost of activities includes,
22 but is not limited to, costs associated with expansion,
23 capital outlay, repair, maintenance, and operations related to
24 the rescue, treatment, stabilization, maintenance, release,
25 and monitoring of manatees. Moneys distributed through
26 contractual agreement to each facility for manatee
27 rehabilitation shall be proportionate to the number of
28 manatees under acute care rehabilitation and those released
29 during the previous fiscal year. However, the reimbursement
30 may not exceed the total amount available pursuant to ss.
31 327.25(11)(7) and 327.28(1)(b) for the purposes provided in
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1 this paragraph. Prior to receiving reimbursement for the
2 expenses of rescue, rehabilitation, and release, a facility
3 that qualifies under state and federal regulations shall
4 submit a plan to the Department of Environmental Protection
5 for assisting the department and the Department of Highway
6 Safety and Motor Vehicles in marketing the manatee specialty
7 license plates. At a minimum, the plan shall include
8 provisions for graphics, dissemination of brochures, recorded
9 oral and visual presentation, and maintenance of a marketing
10 exhibit. The plan shall be updated annually and the
11 Department of Environmental Protection shall inspect each
12 marketing exhibit at least once each year to ensure the
13 quality of the exhibit and promotional material. Each
14 facility that receives funds for manatee rehabilitation shall
15 annually provide the department a written report, within 30
16 days after the close of the state fiscal year, documenting the
17 efforts and effectiveness of the facility's promotional
18 activities.
19 Section 19. Subsection (1) of section 607.1622,
20 Florida Statutes, is amended to read:
21 607.1622 Annual report for Department of State.--
22 (1) Each domestic corporation and each foreign
23 corporation authorized to transact business in this state
24 shall deliver to the Department of State for filing a sworn
25 annual report on such forms as the Department of State
26 prescribes that sets forth:
27 (a) The name of the corporation and the state or
28 country under the law of which it is incorporated;
29 (b) The date of incorporation or, if a foreign
30 corporation, the date on which it was admitted to do business
31 in this state;
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1 (c) The address of its principal office and the
2 mailing address of the corporation;
3 (d) The corporation's federal employer identification
4 number, if any, or, if none, whether one has been applied for;
5 (e) The names and business street addresses of its
6 directors and principal officers;
7 (f) The street address of its registered office and
8 the name of its registered agent at that office in this state;
9 (g) Whether the corporation has liability for
10 intangible taxes under s. 199.032. The Department of State
11 shall annually prepare a list of those corporations that have
12 indicated no intangible tax liability, and provide such list
13 to the Department of Revenue; and
14 (h) Language permitting a voluntary contribution of $5
15 per taxpayer, which contribution shall be transferred into the
16 Election Campaign Financing Trust Fund. A statement providing
17 an explanation of the purpose of the trust fund shall also be
18 included; and
19 (h)(i) Such additional information as may be necessary
20 or appropriate to enable the Department of State to carry out
21 the provisions of this act.
22 Section 20. This act shall take effect January 1,
23 1998.
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2 HOUSE SUMMARY
3
Repeals the "Florida Election Campaign Financing Act."
4 Eliminates the transfer of a portion of filing fees to
the trust fund and reduces filing fees accordingly, to
5 conform. Eliminates the transfer of a portion of
municipal election assessments to the trust fund and
6 reduces the municipal election assessment accordingly, to
conform. Provides for deposit of fines assessed for late
7 county election returns into general revenue rather than
the trust fund, to conform. Provides for deposit of
8 fines assessed for late campaign financing reports into
general revenue rather than the trust fund, to conform.
9 Eliminates the separate reporting dates for candidates
receiving contributions from the trust fund, to conform.
10 Eliminates deposit of surplus campaign funds into the
trust fund, to conform. Eliminates the required audits
11 of campaign accounts of candidates receiving
contributions from the trust fund, to conform. Provides
12 for deposit of civil penalties into general revenue
instead of the trust fund, to conform. Eliminates
13 provisions that authorize voluntary contributions to the
trust fund, to conform.
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