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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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    CS for SB 314                                  First Engrossed



  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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