Senate Bill 0314e1
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1 A bill to be entitled
2 An act relating to elections; providing a short
3 title; amending s. 106.011, F.S.; modifying
4 definitions of the terms "political committee,"
5 "contribution," "expenditure," and "political
6 advertisement"; amending s. 106.021, F.S.;
7 placing restrictions on certain endorsements;
8 amending s. 106.03, F.S.; providing additional
9 requirements for registration of political
10 committees and committees of continuous
11 existence; amending s. 106.04, F.S.; requiring
12 committees of continuous existence to update
13 certain registration information; prohibiting
14 committees of continuous existence from making
15 certain expenditures; providing additional
16 reporting requirements for campaign finance
17 reports of certain committees of continuous
18 existence; amending s. 106.07, F.S.; providing
19 additional reporting requirements for campaign
20 treasurer reports of certain political
21 committees; amending s. 106.08, F.S.; revising
22 the contribution limit for statewide
23 candidates; revising the restrictions on
24 contributions by a political party; limiting
25 the amount of contributions to a political
26 party; providing a penalty; reenacting ss.
27 106.04(2), 106.075(2), 106.087(1)(a),
28 106.19(1), 106.29(6), F.S.; conforming
29 cross-references to incorporate changes made by
30 the act; prohibiting campaign contributions for
31 election to a federal office from being used
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1 for election to certain other offices;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. This act may be cited as the "Campaign
7 Finance Reform Act."
8 Section 2. Subsections (1), (3), (4), and (17) of
9 section 106.011, Florida Statutes, are amended to read:
10 106.011 Definitions.--As used in this chapter, the
11 following terms have the following meanings unless the context
12 clearly indicates otherwise:
13 (1) "Political committee" means a combination of two
14 or more individuals, or a person other than an individual, the
15 primary or incidental purpose of which is to support or oppose
16 any candidate, issue, or political party, which accepts
17 contributions or makes expenditures during a calendar year in
18 an aggregate amount in excess of $500.; "Political committee"
19 also means the sponsor of a proposed constitutional amendment
20 by initiative who intends to seek the signatures of registered
21 electors. "Political committee" also means a combination of
22 two or more individuals or a person other than an individual
23 which anticipates spending funds, or makes expenditures, for
24 political advertising in support of or in opposition to an
25 elected public official during a calendar year in an aggregate
26 amount in excess of $500. Organizations which are certified by
27 the Department of State as committees of continuous existence
28 pursuant to s. 106.04, national political parties, and the
29 state and county executive committees of political parties
30 regulated by chapter 103 shall not be considered political
31 committees for the purposes of this chapter. Corporations
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1 regulated by chapter 607 or chapter 617 or other business
2 entities formed for purposes other than to support or oppose
3 issues or candidates are not political committees if their
4 political activities are limited to contributions to
5 candidates, political parties, or political committees or
6 expenditures in support of or opposition to an issue from
7 corporate or business funds and if no contributions are
8 received by such corporations or business entities.
9 (3) "Contribution" means:
10 (a) A gift, subscription, conveyance, deposit, loan,
11 payment, or distribution of money or anything of value,
12 including contributions in kind having an attributable
13 monetary value in any form, made for the purpose of
14 influencing the results of an election.
15 (b) A transfer of funds between political committees,
16 between committees of continuous existence, or between a
17 political committee and a committee of continuous existence.
18 (c) The payment, by any person other than a candidate
19 or political committee, of compensation for the personal
20 services of another person which are rendered to a candidate
21 or political committee without charge to the candidate or
22 committee for such services.
23 (d) The transfer of funds by a campaign treasurer or
24 deputy campaign treasurer between a primary depository and a
25 separate interest-bearing account or certificate of deposit,
26 and the term includes any interest earned on such account or
27 certificate.
28 (e) Any funds received by a political committee which
29 are used or intended to be used, directly or indirectly, to
30 pay for a political advertisement supporting or opposing an
31 elected public official.
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1
2 Notwithstanding the foregoing meanings of "contribution," the
3 word shall not be construed to include services, including,
4 but not limited to, legal and accounting services, provided
5 without compensation by individuals volunteering a portion or
6 all of their time on behalf of a candidate or political
7 committee. This definition shall not be construed to include
8 editorial endorsements.
9 (4) "Expenditure" means a purchase, payment,
10 distribution, loan, advance, transfer of funds by a campaign
11 treasurer or deputy campaign treasurer between a primary
12 depository and a separate interest-bearing account or
13 certificate of deposit, or gift of money or anything of value
14 made for the purpose of influencing the results of an election
15 or for purchasing a political advertisement supporting or
16 opposing an elected public official. However, "expenditure"
17 does not include a purchase, payment, distribution, loan,
18 advance, or gift of money or anything of value made for the
19 purpose of influencing the results of an election when made by
20 an organization, in existence prior to the time during which a
21 candidate qualifies or an issue is placed on the ballot for
22 that election, for the purpose of printing or distributing
23 such organization's newsletter, containing a statement by such
24 organization in support of or opposition to a candidate or
25 issue, which newsletter is distributed only to members of such
26 organization.
27 (17)(a) "Political advertisement" means a paid
28 expression in any communications media prescribed in
29 subsection (13), whether radio, television, newspaper,
30 magazine, periodical, campaign literature, direct mail, or
31 display or by means other than the spoken word in direct
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1 conversation, which shall support or oppose any candidate,
2 elected public official, or issue. "Political advertisement"
3 means a paid expression in any communications media prescribed
4 in subsection (13), whether radio, television, newspaper,
5 magazine, periodical, campaign literature, direct mail, or
6 display or by means other than the spoken word in direct
7 conversation, which shall support or oppose any candidate,
8 elected public official, or issue. "Political advertisement"
9 also includes a paid expression in any communications media
10 described in subsection (13), whether radio, television,
11 newspaper, magazine, periodical, campaign literature, direct
12 mail, or display, or by means other than the spoken word in
13 direct conversation which mentions or shows a clearly
14 identifiable candidate for election or reelection and is
15 distributed at any point during the period following the last
16 day of qualifying for that candidacy through the ensuing
17 general election.
18 (b) However, "political advertisement" does not
19 include:
20 1.(a) A statement by an organization, in existence
21 prior to the time during which a candidate qualifies or an
22 issue is placed on the ballot for that election, in support of
23 or opposition to a candidate or issue, in that organization's
24 newsletter, which newsletter is distributed only to the
25 members of that organization.
26 2.(b) Editorial endorsements by any newspaper, radio
27 or television station, or other recognized news medium.
28 3. A paid expression in any communications media which
29 mentions or shows a clearly identifiable candidate for
30 election or reelection and which:
31
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1 a. Advertises a business rather than the candidate, is
2 paid for out of funds of that business, and is similar to
3 other advertisements for that business which have mentioned or
4 shown the candidate and have been distributed regularly over a
5 period of at least 1 year before the qualifying period for
6 that candidacy; or
7 b. Is distributed or broadcast only to areas other
8 than the geographical area of the electorate for that
9 candidacy.
10 Section 3. Section 106.03, Florida Statutes, is
11 amended to read:
12 106.03 Registration of political committees.--
13 (1) Each political committee which anticipates
14 receiving contributions or making expenditures during a
15 calendar year in an aggregate amount exceeding $500 or which
16 is seeking the signatures of registered electors in support of
17 an initiative shall file a statement of organization as
18 provided in subsection (4) (3) within 10 days after its
19 organization or, if later, within 10 days after the date on
20 which it has information which causes the committee to
21 anticipate that it will receive contributions or make
22 expenditures in excess of $500. If a political committee is
23 organized within 10 days of any election, it shall immediately
24 file the statement of organization required by this section.
25 (2) The statement of organization shall include:
26 (a) The name and address of the committee;
27 (b) The names, addresses, and relationships of
28 affiliated or connected organizations;
29 (c) The area, scope, or jurisdiction of the committee;
30 (d) The name, address, and position, and principal
31 employer of the custodian of books and accounts;
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1 (e) The name, address, and position, and principal
2 employer of each other principal officers, including officers
3 and members of the finance committee, if any;
4 (f) The name, address, office sought, and party
5 affiliation of:
6 1. Each candidate whom the committee is supporting;
7 2. Any other individual, if any, whom the committee is
8 supporting for nomination for election, or election, to any
9 public office whatever;
10 (g) Any issue or issues such organization is
11 supporting or opposing;
12 (h) If the committee is supporting the entire ticket
13 of any party, a statement to that effect and the name of the
14 party;
15 (i) A statement of whether the committee is a
16 continuing one;
17 (j) Plans for the disposition of residual funds which
18 will be made in the event of dissolution;
19 (k) A listing of all banks, safe-deposit boxes, or
20 other depositories used for committee funds; and
21 (l) A statement of the reports required to be filed by
22 the committee with federal officials, if any, and the names,
23 addresses, and positions of such officials.
24 (3)(a) The name of the committee provided in the
25 statement of organization must include the name of the
26 corporation, labor union, professional association, political
27 committee, committee of continuous existence, or other
28 business entity whose officials, employees, agents, or
29 members, directly or indirectly, established or organized the
30 committee, if any.
31
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1 (b) If the name of the committee provided in the
2 statement or organization does not include the name of a
3 corporation, labor union, professional association, political
4 committee, committee of continuous existence, or other
5 business entity, the name must include the economic or special
6 interest, if identifiable, principally represented by the
7 committee's organizers or intended to be advanced by the
8 committee's receipts.
9 (c) Any person who knowingly and willfully violates
10 this section shall be fined not less than $1,000 and not more
11 than $10,000 for each violation. Any officer, partner, agent,
12 attorney, or other representative of a corporation, labor
13 union, professional association, political committee,
14 committee of continuous existence, or other business entity
15 who aids, abets, advises, or participates in a violation of
16 any provision of this section shall be fined not less than
17 $1,000 and not more than $10,000 for each violation.
18 (d) Any committee organized before January 1, 2000,
19 shall have until April 1, 2000, to amend its name, if
20 necessary, to comply with the requirements of this subsection.
21 (4)(3)(a) A political committee which is organized to
22 support or oppose statewide, legislative, or multicounty
23 candidates or issues to be voted upon on a statewide or
24 multicounty basis shall file a statement of organization with
25 the Division of Elections.
26 (b) Except as provided in paragraph (c), a political
27 committee which is organized to support or oppose candidates
28 or issues to be voted on in a countywide election or
29 candidates or issues in any election held on less than a
30 countywide basis shall file a statement of organization with
31
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1 the supervisor of elections of the county in which such
2 election is being held.
3 (c) A political committee which is organized to
4 support or oppose only candidates for municipal office or
5 issues to be voted on in a municipal election shall file a
6 statement of organization with the officer before whom
7 municipal candidates qualify.
8 (d) Any political committee which would be required
9 under this subsection to file a statement of organization in
10 two or more locations by reason of the committee's intention
11 to support or oppose candidates or issues at state or
12 multicounty and local levels of government need file only with
13 the Division of Elections.
14 (5)(4) Any change in information previously submitted
15 in a statement of organization shall be reported to the agency
16 or officer with whom such committee is required to register
17 pursuant to subsection (4)(3), within 10 days following the
18 change.
19 (6)(5) Any committee which, after having filed one or
20 more statements of organization, disbands or determines it
21 will no longer receive contributions or make expenditures
22 during the calendar year in an aggregate amount exceeding $500
23 shall so notify the agency or officer with whom such committee
24 is required to file the statement of organization.
25 (7)(6) If the filing officer finds that a political
26 committee has filed its statement of organization consistent
27 with the requirements of subsection (2), it shall notify the
28 committee in writing that it has been registered as a
29 political committee. If the filing officer finds that a
30 political committee's statement of organization does not meet
31 the requirements of subsection (2), it shall notify the
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1 committee of such finding and shall state in writing the
2 reasons for rejection of the statement of organization.
3 (8)(7) The Division of Elections shall adopt
4 promulgate rules to prescribe the manner in which inactive
5 committees may be dissolved and have their registration
6 canceled. Such rules shall, at a minimum, provide for:
7 (a) Notice which shall contain the facts and conduct
8 which warrant the intended action, including but not limited
9 to failure to file reports and limited activity.
10 (b) Adequate opportunity to respond.
11 (c) Appeal of the decision to the Florida Elections
12 Commission. Such appeals shall be exempt from the
13 confidentiality provisions of s. 106.25.
14 Section 4. Paragraph (c) of subsection (4), and
15 subsections (2) and (5) of section 106.04, Florida Statutes,
16 are amended to read:
17 106.04 Committees of continuous existence.--
18 (2) Any group, organization, association, or other
19 entity may seek certification from the Department of State as
20 a committee of continuous existence by filing an application
21 with the Division of Elections on a form provided by the
22 division. Such application shall provide the information
23 required of political committees by s. 106.03(2) and s.
24 106.03(3), and any change in such information shall be
25 reported pursuant to s. 106.03(5). Each application shall be
26 accompanied by the name and street address of the principal
27 officer of the applying entity as of the date of the
28 application; a copy of the charter or bylaws of the
29 organization; a copy of the dues or assessment schedule of the
30 organization, or formula by which dues or assessments are
31 levied; and a complete financial statement or annual audit
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1 summarizing all income received, and all expenses incurred, by
2 the organization during the 12 months preceding the date of
3 application. A membership list shall be made available for
4 inspection if deemed necessary by the division.
5 (4)
6 (c) All committees of continuous existence shall file
7 the original and one copy of their reports with the Division
8 of Elections. In addition, a duplicate copy of each report
9 shall be filed with the supervisor of elections in the county
10 in which the committee maintains its books and records, except
11 that if the filing officer to whom the committee is required
12 to report is located in the same county as the supervisor no
13 such duplicate report is required to be filed with the
14 supervisor. Reports shall be on forms provided by the
15 division and shall contain the following information:
16 1. The full name, address, and occupation of each
17 person who has made one or more contributions to the committee
18 during the reporting period, together with the amounts and
19 dates of such contributions. For corporations, the report
20 must provide as clear a description as practicable of the
21 principal type of business conducted by the corporation.
22 However, if the contribution is $100 or less, the occupation
23 of the contributor or principal type of business need not be
24 listed. However, for any contributions which represent the
25 payment of dues by members in a fixed amount pursuant to the
26 schedule on file with the Division of Elections, only the
27 aggregate amount of such contributions need be listed,
28 together with the number of members paying such dues and the
29 amount of the membership dues.
30 2. For reporting committees whose name does not
31 include the name of a corporation, labor union, professional
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1 association, political committee, committee of continuous
2 existence, or other business entity, or economic or special
3 interest, the report must include as clear a description as
4 practicable of a common economic or other special interest, if
5 any, of a majority of the committee's contributors. For
6 purposes of this subparagraph, the term "majority of the
7 committee's contributors" means more than 50 percent of the
8 total number of contributors who have contributed in excess of
9 $100 or more than 50 percent of the sum of all contributions
10 received in excess of $100 each.
11 3.2. The name and address of each political committee
12 or committee of continuous existence from which the reporting
13 committee received, or the name and address of each political
14 committee, committee of continuous existence, or political
15 party to which it made, any transfer of funds, together with
16 the amounts and dates of all transfers.
17 4.3. Any other receipt of funds not listed pursuant to
18 subparagraph 1. or subparagraph 2., including the sources and
19 amounts of all such funds.
20 5.4. The name and address of, and office sought by,
21 each candidate to whom the committee has made a contribution
22 during the reporting period, together with the amount and date
23 of each contribution.
24 (5) No committee of continuous existence shall
25 contribute to any candidate or political committee an amount
26 in excess of the limits contained in s. 106.08(1) or
27 participate in any other activity which is prohibited by this
28 chapter. If any violation occurs, it shall be punishable as
29 provided in this chapter for the given offense. No funds of a
30 committee of continuous existence shall be expended on behalf
31 of a candidate, except by means of a contribution made through
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1 the duly appointed campaign treasurer of a candidate. No such
2 committee shall make expenditures in support of, or in
3 opposition to, an issue or an elected public official unless
4 such committee first registers as a political committee
5 pursuant to this chapter and undertakes all the practices and
6 procedures required thereof; provided such committee may make
7 contributions in a total amount not to exceed 25 percent of
8 its aggregate income, as reflected in the annual report filed
9 for the previous year, to one or more political committees
10 registered pursuant to s. 106.03 and formed to support or
11 oppose issues.
12 Section 5. Subsection (3) of section 106.021, Florida
13 Statutes, is amended to read:
14 106.021 Campaign treasurers; deputies; primary and
15 secondary depositories.--
16 (3)(a) Except for independent expenditures, no
17 contribution or expenditure, including contributions or
18 expenditures of a candidate or of the candidate's family,
19 shall be directly or indirectly made or received in
20 furtherance of the candidacy of any person for nomination or
21 election to political office in the state or on behalf of any
22 political committee except through the duly appointed campaign
23 treasurer of the candidate or political committee.
24 (b) Notwithstanding the provisions of paragraph (a)
25 However, expenditures may be made directly by any political
26 committee or political party regulated by chapter 103 for
27 obtaining time, space, or services in or by any communications
28 medium for the purpose of jointly endorsing three or more
29 candidates., and Any such expenditure for an endorsement which
30 allocates substantially equal time, space, or service to each
31 candidate, or for an endorsement in a general election which
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1 lists all nominees of a political party in the area covered by
2 the broadcast or mailing, shall not be considered a
3 contribution or expenditure to or on behalf of any such
4 candidates for the purposes of this chapter.
5 Section 6. Subsections (3) and (4) of section 106.07,
6 Florida Statutes, are amended to read:
7 106.07 Reports; certification and filing.--
8 (3) Reports required of a political committee shall be
9 filed with the agency or officer before whom such committee
10 registers pursuant to s. 106.03(4) s. 106.03(3) and shall be
11 subject to the same filing conditions as established for
12 candidates' reports. Only committees that file with the
13 Department of State shall file the original and one copy of
14 their reports. Incomplete reports by political committees
15 shall be treated in the manner provided for incomplete reports
16 by candidates in subsection (2).
17 (4)(a) Each report required by this section shall
18 contain:
19 1. The full name, address, and occupation, if any of
20 each person who has made one or more contributions to or for
21 such committee or candidate within the reporting period,
22 together with the amount and date of such contributions. For
23 corporations, the report must provide as clear a description
24 as practicable of the principal type of business conducted by
25 the corporation. However, if the contribution is $100 or less
26 or is from a relative, as defined in s. 112.312, provided that
27 the relationship is reported, the occupation of the
28 contributor or the principal type of business need not be
29 listed.
30 2. For reporting committees whose name does not
31 include the name of a corporation, labor union, professional
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1 association, political committee, committee of continuous
2 existence, or other business entity, or economic or special
3 interest, the report must include as clear a description as
4 practicable of a common economic or other special interest, if
5 any, of a majority of the committee's contributors. For
6 purposes of this subparagraph, the term "majority of the
7 committee's contributors" means more than 50 percent of the
8 total number of contributors who have contributed in excess of
9 $100 or more than 50 percent of the sum of all contributions
10 received in excess of $100 each.
11 3.2. The name and address of each political committee
12 from which the reporting committee or the candidate received,
13 or to which the reporting committee or candidate made, any
14 transfer of funds, together with the amounts and dates of all
15 transfers.
16 4.3. Each loan for campaign purposes to or from any
17 person or political committee within the reporting period,
18 together with the full names, addresses, and occupations, and
19 principal places of business, if any, of the lender and
20 endorsers, if any, and the date and amount of such loans.
21 5.4. A statement of each contribution, rebate, refund,
22 or other receipt not otherwise listed under subparagraphs 1.
23 through 3.
24 6.5. The total sums of all loans, in-kind
25 contributions, and other receipts by or for such committee or
26 candidate during the reporting period. The reporting forms
27 shall be designed to elicit separate totals for in-kind
28 contributions, loans, and other receipts.
29 7.6. The full name and address of each person to whom
30 expenditures have been made by or on behalf of the committee
31 or candidate within the reporting period; the amount, date,
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1 and purpose of each such expenditure; and the name and address
2 of, and office sought by, each candidate on whose behalf such
3 expenditure was made. However, expenditures made from the
4 petty cash fund provided by s. 106.12 need not be reported
5 individually.
6 8.7. The full name and address of each person to whom
7 an expenditure for personal services, salary, or reimbursement
8 for authorized expenses has been made and which is not
9 otherwise reported, including the amount, date, and purpose of
10 such expenditure. However, expenditures made from the petty
11 cash fund provided for in s. 106.12 need not be reported
12 individually.
13 9.8. The total amount withdrawn and the total amount
14 spent for petty cash purposes pursuant to this chapter during
15 the reporting period.
16 10.9. The total sum of expenditures made by such
17 committee or candidate during the reporting period.
18 11.10. The amount and nature of debts and obligations
19 owed by or to the committee or candidate, which relate to the
20 conduct of any political campaign.
21 12.11. A copy of each credit card statement which
22 shall be included in the next report following receipt thereof
23 by the candidate or political committee. Receipts for each
24 credit card purchase shall be retained by the treasurer with
25 the records for the campaign account.
26 13.12. The amount and nature of any separate
27 interest-bearing accounts or certificates of deposit and
28 identification of the financial institution in which such
29 accounts or certificates of deposit are located.
30 (b) The filing officer shall make available to any
31 candidate or committee a reporting form which the candidate or
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1 committee may use to indicate contributions received by the
2 candidate or committee but returned to the contributor before
3 deposit.
4 Section 7. Section 106.08, Florida Statutes, is
5 amended to read:
6 106.08 Contributions; limitations on.--
7 (1)(a) Except for political parties, no person,
8 political committee, or committee of continuous existence may,
9 in any election, make contributions in excess of $500 to any
10 candidate for election to or retention in office or to any
11 political committee supporting or opposing one or more
12 candidates. Candidates for the offices of Governor and
13 Lieutenant Governor on the same ticket are considered a single
14 candidate for the purpose of this section.
15 (b)1. The contribution limits provided in this
16 subsection do not apply to contributions made by a state or
17 county executive committee of a political party regulated by
18 chapter 103 or to amounts contributed by a candidate to his or
19 her own campaign.
20 2. Notwithstanding the limits provided in this
21 subsection, an unemancipated child under the age of 18 years
22 of age may not make a contribution in excess of $100 to any
23 candidate or to any political committee supporting one or more
24 candidates.
25 (c) The contribution limits of this subsection apply
26 to each election. For purposes of this subsection, the first
27 primary, second primary, and general election are separate
28 elections so long as the candidate is not an unopposed
29 candidate as defined in s. 106.011(15). However, for the
30 purpose of contribution limits with respect to candidates for
31 retention as a justice of the Supreme Court or judge of a
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1 district court of appeal, there is only one election, which is
2 the general election, and with respect to candidates for
3 circuit judge or county court judge, there are only two
4 elections, which are the first primary election and general
5 election.
6 (2)(a) A candidate may not accept contributions from
7 national, state, including any subordinate committee of a
8 national, state, or county committee of a political party, and
9 county executive committees of a political party, which
10 contributions in the aggregate exceed $100,000 for a candidate
11 for statewide office or $50,000 for any other candidate., No
12 more than half $25,000 of these contributions which may be
13 accepted prior to the 28-day period immediately preceding the
14 date of the general election.
15 (b) Polling services, research services, costs for
16 campaign staff, professional consulting services, and
17 telephone calls are not contributions to be counted toward the
18 contribution limits of paragraph (a). Any item not expressly
19 identified in this paragraph as nonallocable is a contribution
20 in an amount equal to the fair market value of the item and
21 must be counted as allocable toward the $50,000 contribution
22 limits of paragraph (a). Nonallocable, in-kind contributions
23 must be reported by the candidate under s. 106.07 and by the
24 political party under s. 106.29.
25 (3)(a) Any contribution received by a candidate with
26 opposition in an election or by the campaign treasurer or a
27 deputy campaign treasurer of such a candidate on the day of
28 that election or less than 5 days prior to the day of that
29 election must be returned by him or her to the person or
30 committee contributing it and may not be used or expended by
31 or on behalf of the candidate.
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1 (b) Except as otherwise provided in paragraph (c), any
2 contribution received by a candidate or by the campaign
3 treasurer or a deputy campaign treasurer of a candidate after
4 the date at which the candidate withdraws his or her
5 candidacy, or after the date the candidate is defeated,
6 becomes unopposed, or is elected to office must be returned to
7 the person or committee contributing it and may not be used or
8 expended by or on behalf of the candidate.
9 (c) With respect to any campaign for an office in
10 which an independent or minor party candidate has filed as
11 required in s. 99.0955 or s. 99.096, but whose qualification
12 is pending a determination by the Department of State or
13 supervisor of elections as to whether or not the required
14 number of petition signatures was obtained:
15 1. The department or supervisor shall, no later than 3
16 days after that determination has been made, notify in writing
17 all other candidates for that office of that determination.
18 2. Any contribution received by a candidate or the
19 campaign treasurer or deputy campaign treasurer of a candidate
20 after the candidate has been notified in writing by the
21 department or supervisor that he or she has become unopposed
22 as a result of an independent or minor party candidate failing
23 to obtain the required number of petition signatures shall be
24 returned to the person, political committee, or committee of
25 continuous existence contributing it and shall not be used or
26 expended by or on behalf of the candidate.
27 (4) Any contribution received by the chair, campaign
28 treasurer, or deputy campaign treasurer of a political
29 committee supporting or opposing a candidate with opposition
30 in an election or supporting or opposing an issue on the
31 ballot in an election on the day of that election or less than
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1 5 days prior to the day of that election may not be obligated
2 or expended by the committee until after the date of the
3 election.
4 (5) A person may not make any contribution through or
5 in the name of another, directly or indirectly, in any
6 election. Candidates, political committees, and political
7 parties may not solicit contributions from or make
8 contributions to any religious, charitable, civic, or other
9 causes or organizations established primarily for the public
10 good. However, it is not a violation of this subsection for a
11 candidate, political committee, or political party executive
12 committee to make gifts of money in lieu of flowers in memory
13 of a deceased person or for a candidate to continue membership
14 in, or make regular donations from personal or business funds
15 to, religious, political party, civic, or charitable groups of
16 which the candidate is a member or to which the candidate has
17 been a regular donor for more than 6 months. A candidate may
18 purchase, with campaign funds, tickets, admission to events,
19 or advertisements from religious, civic, political party, or
20 charitable groups.
21 (6) A political party may not accept any contribution
22 which has been specifically designated for the partial or
23 exclusive use of a particular candidate. Any contribution so
24 designated must be returned to the contributor and may not be
25 used or expended by or on behalf of the candidate.
26 (7) A person, political committee, or committee of
27 continuous existence may not make contributions that exceed
28 $5,000 per calendar year in the aggregate to a state executive
29 committee of a political party regulated by chapter 103 or to
30 any county executive committee or any subordinate committee of
31 such political party.
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1 (8)(7)(a) Any person who knowingly and willfully makes
2 no more than one contribution in violation of subsection (1),
3 or subsection (5), or subsection (7), or any person who
4 knowingly and willfully fails or refuses to return any
5 contribution as required in subsection (3), commits a
6 misdemeanor of the first degree, punishable as provided in s.
7 775.082 or s. 775.083. If any corporation, partnership, or
8 other business entity or any political party, political
9 committee, or committee of continuous existence is convicted
10 of knowingly and willfully violating any provision punishable
11 under this paragraph, it shall be fined not less than $1,000
12 and not more than $10,000. If it is a domestic entity, it may
13 be ordered dissolved by a court of competent jurisdiction; if
14 it is a foreign or nonresident business entity, its right to
15 do business in this state may be forfeited. Any officer,
16 partner, agent, attorney, or other representative of a
17 corporation, partnership, or other business entity or of a
18 political party, political committee, or committee of
19 continuous existence who aids, abets, advises, or participates
20 in a violation of any provision punishable under this
21 paragraph commits a misdemeanor of the first degree,
22 punishable as provided in s. 775.082 or s. 775.083.
23 (b) Any person who knowingly and willfully makes two
24 or more contributions in violation of subsection (1), or
25 subsection (5), or subsection (7), or any combination thereof,
26 commits a felony of the third degree, punishable as provided
27 in s. 775.082, s. 775.083, or s. 775.084. If any corporation,
28 partnership, or other business entity or any political party,
29 political committee, or committee of continuous existence is
30 convicted of knowingly and willfully violating any provision
31 punishable under this paragraph, it shall be fined not less
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1 than $10,000 and not more than $50,000. If it is a domestic
2 entity, it may be ordered dissolved by a court of competent
3 jurisdiction; if it is a foreign or nonresident business
4 entity, its right to do business in this state may be
5 forfeited. Any officer, partner, agent, attorney, or other
6 representative of a corporation, partnership, or other
7 business entity, or of a political committee, committee of
8 continuous existence, or political party who aids, abets,
9 advises, or participates in a violation of any provision
10 punishable under this paragraph commits a felony of the third
11 degree, punishable as provided in s. 775.082, s. 775.083, or
12 s. 775.084.
13 (9)(8) Except when otherwise provided in subsection
14 (8)(7), any person who knowingly and willfully violates any
15 provision of this section shall, in addition to any other
16 penalty prescribed by this chapter, pay to the state a sum
17 equal to twice the amount contributed in violation of this
18 chapter. Each campaign treasurer shall pay all amounts
19 contributed in violation of this section to the state for
20 deposit in the General Revenue Fund.
21 (10)(9) This section does not apply to the transfer of
22 funds between a primary campaign depository and a savings
23 account or certificate of deposit or to any interest earned on
24 such account or certificate.
25 Section 8. Subsection (2) of section 106.04,
26 subsection (2) of section 106.075, paragraph (a) of subsection
27 (1) of section 106.087, subsection (1) of section 106.19, and
28 subsection (6) of section 106.29, Florida Statutes, are
29 reenacted to read:
30 106.04 Committees of continuous existence.--
31
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1 (2) Any group, organization, association, or other
2 entity may seek certification from the Department of State as
3 a committee of continuous existence by filing an application
4 with the Division of Elections on a form provided by the
5 division. Such application shall provide the information
6 required of political committees by s. 106.03(2). Each
7 application shall be accompanied by the name and street
8 address of the principal officer of the applying entity as of
9 the date of the application; a copy of the charter or bylaws
10 of the organization; a copy of the dues or assessment schedule
11 of the organization, or formula by which dues or assessments
12 are levied; and a complete financial statement or annual audit
13 summarizing all income received, and all expenses incurred, by
14 the organization during the 12 months preceding the date of
15 application. A membership list shall be made available for
16 inspection if deemed necessary by the division.
17 106.075 Elected officials; report of loans made in
18 year preceding election; limitation on contributions to pay
19 loans.--
20 (2) Any person who makes a contribution to an
21 individual to pay all or part of a loan incurred, in the 12
22 months preceding the election, to be used for the individual's
23 campaign, may not contribute more than the amount which is
24 allowed in s. 106.08(1).
25 106.087 Independent expenditures; contribution limits;
26 restrictions on political parties, political committees, and
27 committees of continuous existence.--
28 (1)(a) As a condition of receiving a rebate of filing
29 fees and party assessment funds pursuant to s. 99.061(2), s.
30 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
31 treasurer of a state or county executive committee shall take
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1 and subscribe to an oath or affirmation in writing. During the
2 qualifying period for state candidates and prior to
3 distribution of such funds, a printed copy of the oath or
4 affirmation shall be filed with the Secretary of State and
5 shall be substantially in the following form:
6
7 State of Florida
8 County of....
9 Before me, an officer authorized to administer oaths,
10 personally appeared ...(name)..., to me well known, who, being
11 sworn, says that he or she is the ...(title)... of the
12 ...(name of party)... ...(state or specified county)...
13 executive committee; that the executive committee has not
14 made, either directly or indirectly, an independent
15 expenditure in support of or opposition to a candidate or
16 elected public official in the prior 6 months; that the
17 executive committee will not make, either directly or
18 indirectly, an independent expenditure in support of or
19 opposition to a candidate or elected public official, through
20 and including the upcoming general election; and that the
21 executive committee will not violate the contribution limits
22 applicable to candidates under s. 106.08(2), Florida Statutes.
23 ...(Signature of committee officer)...
24 ...(Address)...
25
26 Sworn to and subscribed before me this .... day of ....,
27 19...., at .... County, Florida.
28 ...(Signature and title of officer administering oath)...
29
30 106.19 Violations by candidates, persons connected
31 with campaigns, and political committees.--
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1 (1) Any candidate; campaign manager, campaign
2 treasurer, or deputy treasurer of any candidate; committee
3 chair, vice chair, campaign treasurer, deputy treasurer, or
4 other officer of any political committee; agent or person
5 acting on behalf of any candidate or political committee; or
6 other person who knowingly and willfully:
7 (a) Accepts a contribution in excess of the limits
8 prescribed by s. 106.08;
9 (b) Fails to report any contribution required to be
10 reported by this chapter;
11 (c) Falsely reports or deliberately fails to include
12 any information required by this chapter; or
13 (d) Makes or authorizes any expenditure in violation
14 of s. 106.11(3) or any other expenditure prohibited by this
15 chapter;
16
17 is guilty of a misdemeanor of the first degree, punishable as
18 provided in s. 775.082 or s. 775.083.
19 106.29 Reports by political parties; restrictions on
20 contributions and expenditures; penalties.--
21 (6)(a) The national, state, and county executive
22 committees of a political party may not contribute to any
23 candidate any amount in excess of the limits contained in s.
24 106.08(2), and all contributions required to be reported under
25 s. 106.08(2) by the national executive committee of a
26 political party shall be reported by the state executive
27 committee of that political party.
28 (b) A violation of the contribution limits contained
29 in s. 106.08(2) is a misdemeanor of the first degree,
30 punishable as provided in s. 775.082 or s. 775.083. A civil
31 penalty equal to three times the amount in excess of the
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1 limits contained in s. 106.08(2) shall be assessed against any
2 executive committee found in violation thereof.
3 Section 9. Any candidate who accepts campaign
4 contributions for election to a federal office may not use
5 such funds in a campaign for election to a statewide,
6 legislative, county, or municipal office.
7 Section 10. This act shall take effect January 1,
8 2000.
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