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





                                                  SENATE AMENDMENT

    Bill No. SB 1782

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 15, between lines 29 and 30,

15

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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                                                  SENATE AMENDMENT

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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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                                                  SENATE AMENDMENT

    Bill No. SB 1782

    Amendment No.    





 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.

10

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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                                                  SENATE AMENDMENT

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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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                                                  SENATE AMENDMENT

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    Amendment No.    





 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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                                                  SENATE AMENDMENT

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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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                                                  SENATE AMENDMENT

    Bill No. SB 1782

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. SB 1782

    Amendment No.    





 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:

 5

 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)...

24

25  Sworn to and subscribed before me this .... day of ....,

26  19...., at .... County, Florida.

27       ...(Signature and title of officer administering oath)...

28

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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                                                  SENATE AMENDMENT

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    Amendment No.    





 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;

15

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.

 2

 3  (Redesignate subsequent sections.)

 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         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;

25

26

27

28

29

30

31

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