CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 1782
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Latvala moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 15, between lines 29 and 30,
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16 insert:
17 Section 14. Subsections (1), (3), and (4) of section
18 106.011, Florida Statutes, are amended to read:
19 106.011 Definitions.--As used in this chapter, the
20 following terms have the following meanings unless the context
21 clearly indicates otherwise:
22 (1) "Political committee" means a combination of two
23 or more individuals, or a person other than an individual, the
24 primary or incidental purpose of which is to support or oppose
25 any candidate, issue, or political party, which accepts
26 contributions or makes expenditures during a calendar year in
27 an aggregate amount in excess of $500.; "Political committee"
28 also means the sponsor of a proposed constitutional amendment
29 by initiative who intends to seek the signatures of registered
30 electors. "Political committee" also means a combination of
31 two or more individuals or a person other than an individual
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1 which anticipates spending funds, or makes expenditures, for
2 political advertising in support of or in opposition to an
3 elected public official during a calendar year in an aggregate
4 amount in excess of $500. Organizations which are certified by
5 the Department of State as committees of continuous existence
6 pursuant to s. 106.04, national political parties, and the
7 state and county executive committees of political parties
8 regulated by chapter 103 shall not be considered political
9 committees for the purposes of this chapter. Corporations
10 regulated by chapter 607 or chapter 617 or other business
11 entities formed for purposes other than to support or oppose
12 issues or candidates are not political committees if their
13 political activities are limited to contributions to
14 candidates, political parties, or political committees or
15 expenditures in support of or opposition to an issue from
16 corporate or business funds and if no contributions are
17 received by such corporations or business entities.
18 (3) "Contribution" means:
19 (a) A gift, subscription, conveyance, deposit, loan,
20 payment, or distribution of money or anything of value,
21 including contributions in kind having an attributable
22 monetary value in any form, made for the purpose of
23 influencing the results of an election.
24 (b) A transfer of funds between political committees,
25 between committees of continuous existence, or between a
26 political committee and a committee of continuous existence.
27 (c) The payment, by any person other than a candidate
28 or political committee, of compensation for the personal
29 services of another person which are rendered to a candidate
30 or political committee without charge to the candidate or
31 committee for such services.
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1 (d) The transfer of funds by a campaign treasurer or
2 deputy campaign treasurer between a primary depository and a
3 separate interest-bearing account or certificate of deposit,
4 and the term includes any interest earned on such account or
5 certificate.
6 (e) Any funds received by a political committee which
7 are used or intended to be used, directly or indirectly, to
8 pay for a political advertisement supporting or opposing an
9 elected public official.
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11 Notwithstanding the foregoing meanings of "contribution," the
12 word shall not be construed to include services, including,
13 but not limited to, legal and accounting services, provided
14 without compensation by individuals volunteering a portion or
15 all of their time on behalf of a candidate or political
16 committee. This definition shall not be construed to include
17 editorial endorsements.
18 (4) "Expenditure" means a purchase, payment,
19 distribution, loan, advance, transfer of funds by a campaign
20 treasurer or deputy campaign treasurer between a primary
21 depository and a separate interest-bearing account or
22 certificate of deposit, or gift of money or anything of value
23 made for the purpose of influencing the results of an election
24 or for purchasing a political advertisement supporting or
25 opposing an elected public official. However, "expenditure"
26 does not include a purchase, payment, distribution, loan,
27 advance, or gift of money or anything of value made for the
28 purpose of influencing the results of an election when made by
29 an organization, in existence prior to the time during which a
30 candidate qualifies or an issue is placed on the ballot for
31 that election, for the purpose of printing or distributing
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1 such organization's newsletter, containing a statement by such
2 organization in support of or opposition to a candidate or
3 issue, which newsletter is distributed only to members of such
4 organization.
5 Section 15. Subsection (5) of section 106.04, Florida
6 Statutes, is amended to read:
7 106.04 Committees of continuous existence.--
8 (5) No committee of continuous existence shall
9 contribute to any candidate or political committee an amount
10 in excess of the limits contained in s. 106.08(1) or
11 participate in any other activity which is prohibited by this
12 chapter. If any violation occurs, it shall be punishable as
13 provided in this chapter for the given offense. No funds of a
14 committee of continuous existence shall be expended on behalf
15 of a candidate, except by means of a contribution made through
16 the duly appointed campaign treasurer of a candidate. No such
17 committee shall make expenditures in support of, or in
18 opposition to, an issue or an elected public official unless
19 such committee first registers as a political committee
20 pursuant to this chapter and undertakes all the practices and
21 procedures required thereof; provided such committee may make
22 contributions in a total amount not to exceed 25 percent of
23 its aggregate income, as reflected in the annual report filed
24 for the previous year, to one or more political committees
25 registered pursuant to s. 106.03 and formed to support or
26 oppose issues.
27 Section 16. Subsection (3) of section 106.021, Florida
28 Statutes, is amended to read:
29 106.021 Campaign treasurers; deputies; primary and
30 secondary depositories.--
31 (3)(a) Except for independent expenditures, no
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1 contribution or expenditure, including contributions or
2 expenditures of a candidate or of the candidate's family,
3 shall be directly or indirectly made or received in
4 furtherance of the candidacy of any person for nomination or
5 election to political office in the state or on behalf of any
6 political committee except through the duly appointed campaign
7 treasurer of the candidate or political committee.
8 (b) Notwithstanding the provisions of paragraph (a)
9 However, expenditures may be made directly by any political
10 committee or political party regulated by chapter 103 for
11 obtaining time, space, or services in or by any communications
12 medium for the purpose of jointly endorsing three or more
13 candidates., and Any such expenditure for an endorsement which
14 allocates substantially equal time, space, or service to each
15 candidate, or for an endorsement in a general election which
16 lists all nominees of a political party in the area covered by
17 the broadcast or mailing, shall not be considered a
18 contribution or expenditure to or on behalf of any such
19 candidates for the purposes of this chapter.
20 Section 17. Section 106.08, Florida Statutes, is
21 amended to read:
22 106.08 Contributions; limitations on.--
23 (1)(a) Except for political parties, no person,
24 political committee, or committee of continuous existence may,
25 in any election, make contributions in excess of $500 to any
26 candidate for election to or retention in office or to any
27 political committee supporting or opposing one or more
28 candidates. Candidates for the offices of Governor and
29 Lieutenant Governor on the same ticket are considered a single
30 candidate for the purpose of this section.
31 (b)1. The contribution limits provided in this
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1 subsection do not apply to contributions made by a state or
2 county executive committee of a political party regulated by
3 chapter 103 or to amounts contributed by a candidate to his or
4 her own campaign.
5 2. Notwithstanding the limits provided in this
6 subsection, an unemancipated child under the age of 18 years
7 of age may not make a contribution in excess of $100 to any
8 candidate or to any political committee supporting one or more
9 candidates.
10 (c) The contribution limits of this subsection apply
11 to each election. For purposes of this subsection, the first
12 primary, second primary, and general election are separate
13 elections so long as the candidate is not an unopposed
14 candidate as defined in s. 106.011(15). However, for the
15 purpose of contribution limits with respect to candidates for
16 retention as a justice of the Supreme Court or judge of a
17 district court of appeal, there is only one election, which is
18 the general election, and with respect to candidates for
19 circuit judge or county court judge, there are only two
20 elections, which are the first primary election and general
21 election.
22 (2)(a) A candidate may not accept contributions from
23 national, state, including any subordinate committee of a
24 national, state, or county committee of a political party, and
25 county executive committees of a political party, which
26 contributions in the aggregate exceed $100,000 for a candidate
27 for statewide office or $50,000 for any other candidate., No
28 more than half $25,000 of these contributions which may be
29 accepted prior to the 28-day period immediately preceding the
30 date of the general election.
31 (b) Polling services, research services, costs for
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1 campaign staff, professional consulting services, and
2 telephone calls are not contributions to be counted toward the
3 contribution limits of paragraph (a). Any item not expressly
4 identified in this paragraph as nonallocable is a contribution
5 in an amount equal to the fair market value of the item and
6 must be counted as allocable toward the $50,000 contribution
7 limits of paragraph (a). Nonallocable, in-kind contributions
8 must be reported by the candidate under s. 106.07 and by the
9 political party under s. 106.29.
10 (3)(a) Any contribution received by a candidate with
11 opposition in an election or by the campaign treasurer or a
12 deputy campaign treasurer of such a candidate on the day of
13 that election or less than 5 days prior to the day of that
14 election must be returned by him or her to the person or
15 committee contributing it and may not be used or expended by
16 or on behalf of the candidate.
17 (b) Except as otherwise provided in paragraph (c), any
18 contribution received by a candidate or by the campaign
19 treasurer or a deputy campaign treasurer of a candidate after
20 the date at which the candidate withdraws his or her
21 candidacy, or after the date the candidate is defeated,
22 becomes unopposed, or is elected to office must be returned to
23 the person or committee contributing it and may not be used or
24 expended by or on behalf of the candidate.
25 (c) With respect to any campaign for an office in
26 which an independent or minor party candidate has filed as
27 required in s. 99.0955 or s. 99.096, but whose qualification
28 is pending a determination by the Department of State or
29 supervisor of elections as to whether or not the required
30 number of petition signatures was obtained:
31 1. The department or supervisor shall, no later than 3
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1 days after that determination has been made, notify in writing
2 all other candidates for that office of that determination.
3 2. Any contribution received by a candidate or the
4 campaign treasurer or deputy campaign treasurer of a candidate
5 after the candidate has been notified in writing by the
6 department or supervisor that he or she has become unopposed
7 as a result of an independent or minor party candidate failing
8 to obtain the required number of petition signatures shall be
9 returned to the person, political committee, or committee of
10 continuous existence contributing it and shall not be used or
11 expended by or on behalf of the candidate.
12 (4) Any contribution received by the chair, campaign
13 treasurer, or deputy campaign treasurer of a political
14 committee supporting or opposing a candidate with opposition
15 in an election or supporting or opposing an issue on the
16 ballot in an election on the day of that election or less than
17 5 days prior to the day of that election may not be obligated
18 or expended by the committee until after the date of the
19 election.
20 (5) A person may not make any contribution through or
21 in the name of another, directly or indirectly, in any
22 election. Candidates, political committees, and political
23 parties may not solicit contributions from or make
24 contributions to any religious, charitable, civic, or other
25 causes or organizations established primarily for the public
26 good. However, it is not a violation of this subsection for a
27 candidate, political committee, or political party executive
28 committee to make gifts of money in lieu of flowers in memory
29 of a deceased person or for a candidate to continue membership
30 in, or make regular donations from personal or business funds
31 to, religious, political party, civic, or charitable groups of
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1 which the candidate is a member or to which the candidate has
2 been a regular donor for more than 6 months. A candidate may
3 purchase, with campaign funds, tickets, admission to events,
4 or advertisements from religious, civic, political party, or
5 charitable groups.
6 (6) A political party may not accept any contribution
7 which has been specifically designated for the partial or
8 exclusive use of a particular candidate. Any contribution so
9 designated must be returned to the contributor and may not be
10 used or expended by or on behalf of the candidate.
11 (7) A person, political committee, or committee of
12 continuous existence may not make contributions that exceed
13 $5,000 in the aggregate to a state executive committee of a
14 political party regulated by chapter 103 or to any county
15 executive committee or any subordinate committee of such
16 political party for the period beginning on the Thursday
17 immediately preceding the second primary election and ending
18 on the Wednesday immediately preceding the general election.
19 (8)(7)(a) Any person who knowingly and willfully makes
20 no more than one contribution in violation of subsection (1),
21 or subsection (5), or subsection (7), or any person who
22 knowingly and willfully fails or refuses to return any
23 contribution as required in subsection (3), commits a
24 misdemeanor of the first degree, punishable as provided in s.
25 775.082 or s. 775.083. If any corporation, partnership, or
26 other business entity or any political party, political
27 committee, or committee of continuous existence is convicted
28 of knowingly and willfully violating any provision punishable
29 under this paragraph, it shall be fined not less than $1,000
30 and not more than $10,000. If it is a domestic entity, it may
31 be ordered dissolved by a court of competent jurisdiction; if
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1 it is a foreign or nonresident business entity, its right to
2 do business in this state may be forfeited. Any officer,
3 partner, agent, attorney, or other representative of a
4 corporation, partnership, or other business entity or of a
5 political party, political committee, or committee of
6 continuous existence who aids, abets, advises, or participates
7 in a violation of any provision punishable under this
8 paragraph commits a misdemeanor of the first degree,
9 punishable as provided in s. 775.082 or s. 775.083.
10 (b) Any person who knowingly and willfully makes two
11 or more contributions in violation of subsection (1), or
12 subsection (5), or subsection (7), or any combination thereof,
13 commits a felony of the third degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084. If any corporation,
15 partnership, or other business entity or any political party,
16 political committee, or committee of continuous existence is
17 convicted of knowingly and willfully violating any provision
18 punishable under this paragraph, it shall be fined not less
19 than $10,000 and not more than $50,000. If it is a domestic
20 entity, it may be ordered dissolved by a court of competent
21 jurisdiction; if it is a foreign or nonresident business
22 entity, its right to do business in this state may be
23 forfeited. Any officer, partner, agent, attorney, or other
24 representative of a corporation, partnership, or other
25 business entity, or of a political committee, committee of
26 continuous existence, or political party who aids, abets,
27 advises, or participates in a violation of any provision
28 punishable under this paragraph commits a felony of the third
29 degree, punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084.
31 (9)(8) Except when otherwise provided in subsection
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1 (8)(7), any person who knowingly and willfully violates any
2 provision of this section shall, in addition to any other
3 penalty prescribed by this chapter, pay to the state a sum
4 equal to twice the amount contributed in violation of this
5 chapter. Each campaign treasurer shall pay all amounts
6 contributed in violation of this section to the state for
7 deposit in the General Revenue Fund.
8 (10)(9) This section does not apply to the transfer of
9 funds between a primary campaign depository and a savings
10 account or certificate of deposit or to any interest earned on
11 such account or certificate.
12 Section 18. Subsection (2) of section 106.075,
13 paragraph (a) of subsection (1) of section 106.087, subsection
14 (1) of section 106.19, and subsection (6) of section 106.29,
15 Florida Statutes, are reenacted to read:
16 106.075 Elected officials; report of loans made in
17 year preceding election; limitation on contributions to pay
18 loans.--
19 (2) Any person who makes a contribution to an
20 individual to pay all or part of a loan incurred, in the 12
21 months preceding the election, to be used for the individual's
22 campaign, may not contribute more than the amount which is
23 allowed in s. 106.08(1).
24 106.087 Independent expenditures; contribution limits;
25 restrictions on political parties, political committees, and
26 committees of continuous existence.--
27 (1)(a) As a condition of receiving a rebate of filing
28 fees and party assessment funds pursuant to s. 99.061(2), s.
29 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
30 treasurer of a state or county executive committee shall take
31 and subscribe to an oath or affirmation in writing. During the
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1 qualifying period for state candidates and prior to
2 distribution of such funds, a printed copy of the oath or
3 affirmation shall be filed with the Secretary of State and
4 shall be substantially in the following form:
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6 State of Florida
7 County of....
8 Before me, an officer authorized to administer oaths,
9 personally appeared ...(name)..., to me well known, who, being
10 sworn, says that he or she is the ...(title)... of the
11 ...(name of party)... ...(state or specified county)...
12 executive committee; that the executive committee has not
13 made, either directly or indirectly, an independent
14 expenditure in support of or opposition to a candidate or
15 elected public official in the prior 6 months; that the
16 executive committee will not make, either directly or
17 indirectly, an independent expenditure in support of or
18 opposition to a candidate or elected public official, through
19 and including the upcoming general election; and that the
20 executive committee will not violate the contribution limits
21 applicable to candidates under s. 106.08(2), Florida Statutes.
22 ...(Signature of committee officer)...
23 ...(Address)...
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25 Sworn to and subscribed before me this .... day of ....,
26 19...., at .... County, Florida.
27 ...(Signature and title of officer administering oath)...
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29 106.19 Violations by candidates, persons connected
30 with campaigns, and political committees.--
31 (1) Any candidate; campaign manager, campaign
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1 treasurer, or deputy treasurer of any candidate; committee
2 chair, vice chair, campaign treasurer, deputy treasurer, or
3 other officer of any political committee; agent or person
4 acting on behalf of any candidate or political committee; or
5 other person who knowingly and willfully:
6 (a) Accepts a contribution in excess of the limits
7 prescribed by s. 106.08;
8 (b) Fails to report any contribution required to be
9 reported by this chapter;
10 (c) Falsely reports or deliberately fails to include
11 any information required by this chapter; or
12 (d) Makes or authorizes any expenditure in violation
13 of s. 106.11(3) or any other expenditure prohibited by this
14 chapter;
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16 is guilty of a misdemeanor of the first degree, punishable as
17 provided in s. 775.082 or s. 775.083.
18 106.29 Reports by political parties; restrictions on
19 contributions and expenditures; penalties.--
20 (6)(a) The national, state, and county executive
21 committees of a political party may not contribute to any
22 candidate any amount in excess of the limits contained in s.
23 106.08(2), and all contributions required to be reported under
24 s. 106.08(2) by the national executive committee of a
25 political party shall be reported by the state executive
26 committee of that political party.
27 (b) A violation of the contribution limits contained
28 in s. 106.08(2) is a misdemeanor of the first degree,
29 punishable as provided in s. 775.082 or s. 775.083. A civil
30 penalty equal to three times the amount in excess of the
31 limits contained in s. 106.08(2) shall be assessed against any
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1 executive committee found in violation thereof.
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3 (Redesignate subsequent sections.)
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 2, line 4, after the semicolon,
9
10 insert:
11 amending s. 106.011, F.S.; modifying
12 definitions of the terms "political committee,"
13 "contribution," and "expenditure; amending s.
14 106.021, F.S.; placing restrictions on certain
15 endorsements; amending s. 106.04, F.S.;
16 prohibiting committees of continuous existence
17 from making certain expenditures; amending s.
18 106.08, F.S.; revising the restrictions on
19 contributions by a political party; limiting
20 the amount of contributions to a political
21 party; providing a penalty; reenacting ss.
22 106.075(2), 106.087(1)(a), 106.19(1),
23 106.29(6), F.S.; conforming cross-references to
24 incorporate changes made by the act;
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