CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 4                                                                
 5                                           ORIGINAL STAMP BELOW
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10                                                                
11  Representative(s) Flanagan offered the following:
12
13         Amendment to Amendment (774083) (with title amendment) 
14         On page 13, between lines 19 and 20 of the amendment
15
16  insert:
17         Section 12.  Section 106.141, Florida Statutes, as
18  amended by section 16 of chapter 97-13, Laws of Florida, is
19  amended to read:
20         106.141  Disposition of surplus funds by candidates.--
21         (1)  Each candidate who withdraws his or her candidacy,
22  becomes an unopposed candidate, or is eliminated as a
23  candidate or elected to office shall, within 90 days, dispose
24  of the funds on deposit in his or her campaign account and
25  file a report reflecting the disposition of all remaining
26  funds. Such candidate shall not accept any contributions, nor
27  shall any person accept contributions on behalf of such
28  candidate, after the candidate withdraws his or her candidacy,
29  becomes unopposed, or is eliminated or elected. However, if a
30  candidate receives a refund check after all surplus funds have
31  been disposed of, the check may be endorsed by the candidate
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
 1  and the refund disposed of under this section.  An amended
 2  report must be filed showing the refund and subsequent
 3  disposition.
 4         (2)  Any candidate required to dispose of funds
 5  pursuant to this section may, prior to such disposition, be
 6  reimbursed by the campaign, in full or in part, for any
 7  reported contributions by the candidate to the campaign.
 8         (3)  The campaign treasurer of a candidate who
 9  withdraws his or her candidacy, becomes unopposed, or is
10  eliminated as a candidate or elected to office and who has
11  funds on deposit in a separate interest-bearing account or
12  certificate of deposit shall, within 7 days after the date of
13  becoming unopposed or the date of such withdrawal,
14  elimination, or election, transfer such funds and the
15  accumulated interest earned thereon to the campaign account of
16  the candidate for disposal under this section.  However, if
17  the funds are in an account in which penalties will apply for
18  withdrawal within the 7-day period, the campaign treasurer
19  shall transfer such funds and the accumulated interest earned
20  thereon as soon as the funds can be withdrawn without penalty,
21  or within 90 days after the candidate becomes unopposed,
22  withdraws his or her candidacy, or is eliminated or elected,
23  whichever comes first.
24         (4)(a)  Except as provided in paragraph (b), any
25  candidate required to dispose of funds pursuant to this
26  section shall, at the option of the candidate, dispose of such
27  funds by any of the following means, or any combination
28  thereof:
29         1.  Return pro rata to each contributor the funds that
30  have not been spent or obligated.
31         2.  Donate the funds that have not been spent or
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
 1  obligated to a charitable organization or organizations that
 2  meet the qualifications of s. 501(c)(3) of the Internal
 3  Revenue Code.
 4         3.  Give not more than $10,000 of the funds that have
 5  not been spent or obligated to the political party of which
 6  such candidate is a member.
 7         4.  Give the funds that have not been spent or
 8  obligated:
 9         a.  In the case of a candidate for state office, to the
10  state, to be deposited in either the Election Campaign
11  Financing Trust Fund or the General Revenue Fund, as
12  designated by the candidate; or
13         b.  In the case of a candidate for an office of a
14  political subdivision, to such political subdivision, to be
15  deposited in the general fund thereof.
16         (b)  Any candidate required to dispose of funds
17  pursuant to this section who has received contributions from
18  the Election Campaign Financing Trust Fund shall return all
19  surplus campaign funds to the Election Campaign Financing
20  Trust Fund.
21         (5)  A candidate elected to office or a candidate who
22  will be elected to office by virtue of his or her being
23  unopposed may, in addition to the disposition methods provided
24  in subsection (4), transfer from the campaign account to an
25  office account any amount of the funds on deposit in such
26  campaign account up to:
27         (a)  Ten thousand dollars, for a candidate for
28  statewide office.  The Governor and Lieutenant Governor shall
29  be considered separate candidates for the purpose of this
30  section.
31         (b)  Five thousand dollars, for a candidate for
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
 1  multicounty office.
 2         (c)  Two thousand five hundred dollars multiplied by
 3  the number of years in the term of office for which elected,
 4  for a candidate for legislative office.
 5         (d)  One thousand dollars multiplied by the number of
 6  years in the term of office for which elected, for a candidate
 7  for county office or for a candidate in any election conducted
 8  on less than a countywide basis.
 9         (e)  Six thousand dollars, for a candidate for
10  retention as a justice of the Supreme Court.
11         (f)  Three thousand dollars, for a candidate for
12  retention as a judge of a district court of appeal.
13         (g)  One thousand five hundred dollars, for a candidate
14  for county court judge or circuit judge.
15
16  The office account established pursuant to this subsection
17  shall be separate from any personal or other account.  Any
18  funds so transferred by a candidate shall be used only for
19  legitimate expenses in connection with the candidate's public
20  office.  Such expenses may include travel expenses incurred by
21  the officer or a staff member, personal taxes payable on
22  office account funds by the candidate or elected public
23  official, or expenses incurred in the operation of his or her
24  office, including the employment of additional staff. The
25  funds may be deposited in a savings account; however, all
26  deposits, withdrawals, and interest earned thereon shall be
27  reported at the appropriate reporting period. If a candidate
28  is reelected to office or elected to another office and has
29  funds remaining in his or her office account, he or she may
30  transfer surplus campaign funds to the office account.  At no
31  time may the funds in the office account exceed the limitation
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
 1  imposed by this subsection. Upon leaving public office, any
 2  person who has funds in an office account pursuant to this
 3  subsection remaining on deposit shall give such funds to a
 4  charitable organization or organizations which meet the
 5  requirements of s. 501(c)(3) of the Internal Revenue Code or,
 6  in the case of a state officer, to the state to be deposited
 7  in the General Revenue Fund or, in the case of an officer of a
 8  political subdivision, to the political subdivision to be
 9  deposited in the general fund thereof.
10         (6)(a)  A candidate elected to office or a candidate
11  who will be elected to office by virtue of his or her being
12  unopposed may, in addition to the disposition methods provided
13  in subsections (4) and (5), transfer up to $10,000 from the
14  funds on deposit in the campaign account to a re-election
15  account. The re-election account established pursuant to this
16  subsection shall be separate from any personal or other
17  account, and the candidate shall designate the re-election
18  account as his or her primary campaign depository pursuant to
19  s. 106.021. Funds in the re-election account may only be used
20  for campaign-related expenses in connection with the
21  candidate's re-election to the same office and, with regard to
22  a state legislator, for re-election from the same district.
23         (b)1.  If a candidate for re-election withdraws his or
24  her candidacy, and has transferred funds into a re-election
25  account pursuant to paragraph (a), he or she shall give the
26  amount of the funds transferred, to the extent such funds are
27  available in the account, to a charitable organization or
28  organizations which meet the requirements of s. 501(c)(3) of
29  the Internal Revenue Code or, in the case of a state officer,
30  to the state to be deposited in the General Revenue Fund or,
31  in the case of an officer of a political subdivision, to the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
 1  political subdivision to be deposited in the general revenue
 2  fund thereof.
 3         2.  Any surplus funds in a campaign depository
 4  originating as a re-election account which are not disbursed
 5  pursuant to subparagraph 1. shall be disposed of pursuant to
 6  subsections (4) or (5).
 7         (7)(6)  Prior to disposing of funds pursuant to
 8  subsection (4) or transferring funds into a separate an office
 9  account pursuant to subsections (5) or (6), any candidate who
10  filed an oath stating that he or she was unable to pay the
11  election assessment or fee for verification of petition
12  signatures without imposing an undue burden on his or her
13  personal resources or on resources otherwise available to him
14  or her, or who filed both such oaths, or who qualified by the
15  alternative method and was not required to pay an election
16  assessment, shall reimburse the state or local governmental
17  entity, whichever is applicable, for such waived assessment or
18  fee or both.  Such reimbursement shall be made first for the
19  cost of petition verification and then, if funds are
20  remaining, for the amount of the election assessment.  If
21  there are insufficient funds in the account to pay the full
22  amount of either the assessment or the fee or both, the
23  remaining funds shall be disbursed in the above manner until
24  no funds remain.  All funds disbursed pursuant to this
25  subsection shall be remitted to the qualifying officer.  Any
26  reimbursement for petition verification costs which are
27  reimbursable by the state shall be forwarded by the qualifying
28  officer to the state for deposit in the General Revenue Fund.
29  All reimbursements for the amount of the election assessment
30  shall be forwarded by the qualifying officer to the Department
31  of State for deposit in the Elections Commission Trust Fund.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
 1         (8)(7)  Any candidate required to dispose of campaign
 2  funds pursuant to this section shall do so within the time
 3  required by this section and shall, on or before the date by
 4  which such disposition is to have been made, file with the
 5  officer with whom reports are required to be filed pursuant to
 6  s. 106.07 a form prescribed by the Division of Elections
 7  listing:
 8         (a)  The name and address of each person or unit of
 9  government to whom any of the funds were distributed and the
10  amounts thereof;
11         (b)  The name and address of each person to whom an
12  expenditure was made, together with the amount thereof and
13  purpose therefor; and
14         (c)  The amount of such funds transferred to an office
15  account by the candidate, together with the name and address
16  of the bank in which the office account is located.
17
18  Such report shall be signed by the candidate and the campaign
19  treasurer and certified as true and correct pursuant to s.
20  106.07. Any candidate failing to file a report on the
21  designated due date shall be subject to a fine as provided in
22  s. 106.07 for submitting late reports.
23         (9)(8)  Any candidate elected to office who transfers
24  surplus campaign funds into an office account pursuant to
25  subsection (5) shall file a report on the 10th day following
26  the end of each calendar quarter until the account is closed.
27  Such reports shall contain the name and address of each person
28  to whom any disbursement of funds was made, together with the
29  amount thereof and the purpose therefor, and the name and
30  address of any person from whom the elected candidate received
31  any refund or reimbursement and the amount thereof.  Such
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    her0001                     07:02 pm         01507-0068-523347
                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1507
    Amendment No.     (for drafter's use only)
 1  reports shall be on forms prescribed by the Division of
 2  Elections, signed by the elected candidate, certified as true
 3  and correct, and filed with the officer with whom campaign
 4  reports were filed pursuant to s. 106.07(2).
 5         (10)(9)  Any candidate, or any person on behalf of a
 6  candidate, who accepts contributions after such candidate has
 7  withdrawn his or her candidacy, after the candidate has become
 8  an unopposed candidate, or after the candidate has been
 9  eliminated as a candidate or elected to office commits a
10  misdemeanor of the first degree, punishable as provided in s.
11  775.082 or s. 775.083.
12         (11)(10)  Any candidate who is required by the
13  provisions of this section to dispose of funds in his or her
14  campaign account and who fails to dispose of the funds in the
15  manner provided in this section commits a misdemeanor of the
16  first degree, punishable as provided in s. 775.082 or s.
17  775.083.
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20  ================ T I T L E   A M E N D M E N T ===============
21  And the title is amended as follows:
22         On page 15, line 6 of the amendment
23  remove:  all of said line
24
25  and insert in lieu thereof:
26         expenditure; amending s. 106.141, F.S.;
27         providing for disposition of surplus campaign
28         funds to a separate re-election account;
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