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





                                                  SENATE AMENDMENT

    Bill No. SB 960

    Amendment No. 1

                            CHAMBER ACTION
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11  The Committee on Executive Business, Ethics and Elections

12  recommended the following amendment:

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14         Senate Amendment (with title amendment) 

15         On page 1, line 9, delete everything after the enacting

16  clause

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18  and insert:

19         Section 1.  Subsection (18) is added to section

20  106.011, Florida Statutes, to read:

21         106.011  Definitions.--As used in this chapter, the

22  following terms have the following meanings unless the context

23  clearly indicates otherwise:

24         (18)  "Affiliated corporations" means two or more

25  corporations that:

26         (a)  File consolidated federal income tax returns under

27  the Internal Revenue Code or consolidated state income tax

28  returns under s. 220.131; or

29         (b)  Share the majority of members on their boards of

30  directors; or

31         (c)  Share two or more officers; or

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                                                  SENATE AMENDMENT

    Bill No. SB 960

    Amendment No. 1





 1         (d)  Are owned or controlled by the same majority

 2  shareholder or shareholders; or

 3         (e)  Are in a parent subsidiary relationship; or

 4         (f)  Have a relationship in which one corporation

 5  directly or indirectly owns or controls the management and

 6  policies of one or more other corporations through the

 7  ownership of voting shares or by contract, arrangement,

 8  understanding, relationship, or any other factor establishing

 9  control.

10         Section 2.  Paragraph (a) of subsection (1) and

11  subsection (5) of section 106.08, Florida Statutes, are

12  amended to read and subsection (7) and subsection (8) of

13  section 106.08, Florida Statutes, are re-enacted to read:

14         106.08  Contributions; limitations on.--

15         (1)(a)  Except for political parties, no person,

16  political committee, or committee of continuous existence may,

17  in any election, make contributions in excess of $500 to any

18  candidate for election to or retention in office or to any

19  political committee supporting or opposing one or more

20  candidates. Candidates for the offices of Governor and

21  Lieutenant Governor on the same ticket are considered a single

22  candidate for the purpose of this section.  Affiliated

23  corporations are considered to be one person for the purpose

24  of this paragraph.

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

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

27  election. It is a violation of this paragraph for any

28  corporation, partnership, or other business entity to:

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. SB 960

    Amendment No. 1





 1  party, political committee, or committee of continuous

 2  existence; or

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

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

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

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

 7  political committee, or committee of continuous existence; or

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

 9  including the possibility of termination of employment, either

10  directly or indirectly mandate that an employee make a

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

12  issue, political party, political committee, or committee of

13  continuous existence;

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

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

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

18  employee in violation of this paragraph.

19         (b)  Candidates, political committees, and political

20  parties may not solicit contributions from or make

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

22  causes or organizations established primarily for the public

23  good. However, it is not a violation of this subsection for a

24  candidate, political committee, or political party executive

25  committee to make gifts of money in lieu of flowers in memory

26  of a deceased person or for a candidate to continue membership

27  in, or make regular donations from personal or business funds

28  to, religious, political party, civic, or charitable groups of

29  which the candidate is a member or to which the candidate has

30  been a regular donor for more than 6 months.  A candidate may

31  purchase, with campaign funds, tickets, admission to events,

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                                                  SENATE AMENDMENT

    Bill No. SB 960

    Amendment No. 1





 1  or advertisements from religious, civic, political party, or

 2  charitable groups.

 3         (7)(a)  Any person who knowingly and willfully makes no

 4  more than one contribution in violation of subsection (1) or

 5  subsection (5), or any person who knowingly and willfully

 6  fails or refuses to return any contribution as required in

 7  subsection (3), commits a misdemeanor of the first degree,

 8  punishable as provided in s. 775.082 or s. 775.083.  If any

 9  corporation, partnership, or other business entity or any

10  political party, political committee, or committee of

11  continuous existence is convicted of knowingly and willfully

12  violating any provision punishable under this paragraph, it

13  shall be fined not less than $1,000 and not more than $10,000.

14  If it is a domestic entity, it may be ordered dissolved by a

15  court of competent jurisdiction; if it is a foreign or

16  nonresident business entity, its right to do business in this

17  state may be forfeited.  Any officer, partner, agent,

18  attorney, or other representative of a corporation,

19  partnership, or other business entity or of a political party,

20  political committee, or committee of continuous existence who

21  aids, abets, advises, or participates in a violation of any

22  provision punishable under this paragraph commits a

23  misdemeanor of the first degree, punishable as provided in s.

24  775.082 or s. 775.083.

25         (b)  Any person who knowingly and willfully makes two

26  or more contributions in violation of subsection (1) or

27  subsection (5) commits a felony of the third degree,

28  punishable as provided in s. 775.082, s. 775.083, or s.

29  775.084.  If any corporation, partnership, or other business

30  entity or any political party, political committee, or

31  committee of continuous existence is convicted of knowingly

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                                                  SENATE AMENDMENT

    Bill No. SB 960

    Amendment No. 1





 1  and willfully violating any provision punishable under this

 2  paragraph, it shall be fined not less than $10,000 and not

 3  more than $50,000.  If it is a domestic entity, it may be

 4  ordered dissolved by a court of competent jurisdiction; if it

 5  is a foreign or nonresident business entity, its right to do

 6  business in this state may be forfeited.  Any officer,

 7  partner, agent, attorney, or other representative of a

 8  corporation, partnership, or other business entity, or of a

 9  political committee, committee of continuous existence, or

10  political party who aids, abets, advises, or participates in a

11  violation of any provision punishable under this paragraph

12  commits a felony of the third degree, punishable as provided

13  in s. 775.082, s. 775.083, or s. 775.084.

14         (8)  Except when otherwise provided in subsection (7),

15  any person who knowingly and willfully violates any provision

16  of this section shall, in addition to any other penalty

17  prescribed by this chapter, pay to the state a sum equal to

18  twice the amount contributed in violation of this chapter.

19  Each campaign treasurer shall pay all amounts contributed in

20  violation of this section to the state for deposit in the

21  General Revenue Fund.

22         Section 3.  This act shall take effect July 1, 1998.

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

26  And the title is amended as follows:

27         On page 1, lines 2-6, delete those lines

28

29  and insert:

30         An act relating to campaign financing; amending

31         s. 106.011, F.S.; defining the term "affiliated

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                                                  SENATE AMENDMENT

    Bill No. SB 960

    Amendment No. 1





 1         corporations"; amending s. 106.08, F.S.;

 2         providing a limitation on campaign

 3         contributions of affiliated corporations;

 4         prohibiting corporations, partnerships, or

 5         other business entities from coercing employees

 6         through specified acts to make a contribution

 7         in support of or in opposition to a candidate,

 8         issue, political party, political committee, or

 9         committee of continuous existence; prohibiting

10         such business entities from giving anything of

11         value to an employee to effect a campaign

12         contribution or to reimburse an employee for

13         making a campaign contribution; providing an

14         effective date.

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