House Bill 1097

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    Florida House of Representatives - 2000                HB 1097

        By Representative Flanagan






  1                      A bill to be entitled

  2         An act relating to filing of campaign

  3         treasurer's reports; creating s. 106.0705,

  4         F.S.; requiring campaign treasurer's reports

  5         that are to be filed with the Division of

  6         Elections to be filed electronically when

  7         aggregate contributions or expenditures exceed

  8         a specified amount; providing filing

  9         requirements; providing penalties; providing

10         rulemaking authority; amending s. 106.04, F.S.,

11         relating to committees of continuous existence,

12         to conform; removing requirement for duplicate

13         copies of reports; amending s. 106.07, F.S.,

14         relating to campaign treasurer's reports;

15         removing requirement for duplicate reports;

16         revising reporting periods and requirements;

17         amending s. 106.12, F.S.; providing for a petty

18         cash fund based on the revised reporting

19         periods; amending s. 106.29, F.S., relating to

20         reports by political parties; removing

21         requirement for duplicate reports; revising

22         reporting periods and requirements, to conform;

23         amending ss. 105.08, 106.025, 106.08, and

24         106.18, F.S., relating to reporting

25         requirements applicable to candidates for

26         retention to judicial office, campaign fund

27         raisers held on behalf of a political party by

28         its state or county executive committee,

29         nonallocable, in-kind contributions by

30         candidates and political parties, and the

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  1         granting of certificates of election, to

  2         conform; providing effective dates.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 106.0705, Florida Statutes, is

  7  created to read:

  8         106.0705  Electronic filing of campaign treasurer's

  9  reports.--

10         (1)(a)  Each candidate who is required to file reports

11  pursuant to s. 106.07 with the division and who accepts

12  contributions or makes expenditures in an aggregate amount in

13  excess of $10,000 for the office sought must file such reports

14  with the division by means of electronic transfer.

15         (b)  Each political committee, committee of continuous

16  existence, or state executive committee that is required to

17  file reports with the division under s. 106.04, s. 106.07, or

18  s. 106.29, as applicable, and that accepts contributions or

19  makes expenditures in an aggregate amount in excess of $10,000

20  in a calendar year must file such reports with the division by

21  means of electronic transfer.

22         (2)  Reports filed pursuant to this section shall be

23  filed not later than 5 p.m. of the day designated. Reports not

24  received by 5 p.m. of the day designated are late filed and

25  are subject to the penalties under s. 106.04(8), s. 106.07(8),

26  or s. 106.29(3), as applicable.

27         (3)  Each report filed pursuant to this section is

28  considered to be under oath by the person filing the report,

29  and such person is subject to the provisions of s.

30  106.04(4)(d), s. 106.07(5), or s. 106.29(2), as applicable.

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  1         (4)  The division shall adopt rules pursuant to ss.

  2  120.536(1) and 120.54 to administer this section and provide

  3  for the reports required to be filed pursuant to this section.

  4  Such rules shall, at a minimum, provide that:

  5         (a)  The division develop an electronic filing system

  6  based on access by means of the Internet.

  7         (b)  The electronic filing system be accessible by

  8  anyone with Internet access using standard web-browsing

  9  software.

10         (c)  The electronic filing system provide for direct

11  entry of campaign finance information as well as download of

12  such information from campaign finance software certified by

13  the division.

14         (d)  The electronic filing system provide a method that

15  verifies the identity of the person submitting the report.

16         (e)  The division provide for alternate filing

17  procedures in case of failure by the division's web server.

18         Section 2.  Subsection (4) of section 106.04, Florida

19  Statutes, is amended to read:

20         106.04  Committees of continuous existence.--

21         (4)(a)  Each committee of continuous existence shall

22  file an annual report with the Division of Elections during

23  the month of January.  Such annual reports shall contain the

24  same information and shall be accompanied by the same

25  materials as original applications filed pursuant to

26  subsection (2). However, the charter or bylaws need not be

27  filed if the annual report is accompanied by a sworn statement

28  by the chair that no changes have been made to such charter or

29  bylaws since the last filing.

30         (b)1.  Each committee of continuous existence shall

31  file regular reports with the Division of Elections at the

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  1  same times and subject to the same filing conditions as are

  2  established by ss. s. 106.07(1) and (2) and 106.0705 for

  3  candidates' reports.

  4         2.  Any committee of continuous existence failing to so

  5  file a report with the Division of Elections pursuant to this

  6  paragraph on the designated due date shall be subject to a

  7  fine for late filing as provided by this section.

  8         (c)  All committees of continuous existence shall file

  9  the original and one copy of their reports with the Division

10  of Elections.  In addition, a duplicate copy of each report

11  shall be filed with the supervisor of elections in the county

12  in which the committee maintains its books and records, except

13  that if the filing officer to whom the committee is required

14  to report is located in the same county as the supervisor no

15  such duplicate report is required to be filed with the

16  supervisor.  Reports shall be on forms provided by the

17  division and shall contain the following information:

18         1.  The full name, address, and occupation of each

19  person who has made one or more contributions to the committee

20  during the reporting period, together with the amounts and

21  dates of such contributions.  For corporations, the report

22  must provide as clear a description as practicable of the

23  principal type of business conducted by the corporation.

24  However, if the contribution is $100 or less, the occupation

25  of the contributor or principal type of business need not be

26  listed.  However, for any contributions which represent the

27  payment of dues by members in a fixed amount pursuant to the

28  schedule on file with the Division of Elections, only the

29  aggregate amount of such contributions need be listed,

30  together with the number of members paying such dues and the

31  amount of the membership dues.

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  1         2.  The name and address of each political committee or

  2  committee of continuous existence from which the reporting

  3  committee received, or the name and address of each political

  4  committee, committee of continuous existence, or political

  5  party to which it made, any transfer of funds, together with

  6  the amounts and dates of all transfers.

  7         3.  Any other receipt of funds not listed pursuant to

  8  subparagraph 1. or subparagraph 2., including the sources and

  9  amounts of all such funds.

10         4.  The name and address of, and office sought by, each

11  candidate to whom the committee has made a contribution during

12  the reporting period, together with the amount and date of

13  each contribution.

14         (d)  The treasurer of each committee shall certify as

15  to the correctness of each report and shall bear the

16  responsibility for its accuracy and veracity.  Any treasurer

17  who willfully certifies to the correctness of a report while

18  knowing that such report is incorrect, false, or incomplete

19  commits a misdemeanor of the first degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         (e)  Reports filed by committees of continuous

22  existence not subject to the electronic filing provisions of

23  s. 106.0705 shall be on forms provided by the division.

24         (8)(a)  Any committee of continuous existence failing

25  to file a report on the designated due date shall be subject

26  to a fine.  The fine shall be $500 per day for each late day,

27  not to exceed 25 percent of the total receipts or

28  expenditures, whichever is greater, for the period covered by

29  the late report. The fine shall be assessed by the filing

30  officer, and the moneys collected shall be deposited in the

31  Elections Commission Trust Fund.  No separate fine shall be

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  1  assessed for failure to file a copy of any report required by

  2  this section.

  3         (b)  Upon determining that a report is late, the filing

  4  officer shall immediately notify the treasurer of the

  5  committee as to the failure to file a report by the designated

  6  due date and that a fine is being assessed for each late day.

  7  Upon receipt of the report, the filing officer shall determine

  8  the amount of fine which is due and shall notify the treasurer

  9  of the committee. The filing officer shall determine the

10  amount of the fine due based upon the earliest of the

11  following:

12         1.  When the report is actually received by such

13  officer.

14         2.  When the report is postmarked.

15         3.  When the certificate of mailing is dated.

16         4.  When the receipt from an established courier

17  company is dated.

18

19  Such fine shall be paid to the filing officer within 20 days

20  after receipt of the notice of payment due, unless appeal is

21  made to the Florida Elections Commission pursuant to paragraph

22  (c).  An officer or member of a committee shall not be

23  personally liable for such fine.

24         (c)  Any treasurer of a committee may appeal or dispute

25  the fine, based upon unusual circumstances surrounding the

26  failure to file on the designated due date, and may request

27  and shall be entitled to a hearing before the Florida

28  Elections Commission, which shall have the authority to waive

29  the fine in whole or in part.  Any such request shall be made

30  within 20 days after receipt of the notice of payment due.  In

31  such case, the treasurer of the committee shall, within the

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  1  20-day period, notify the filing officer in writing of his or

  2  her intention to bring the matter before the commission.

  3         (d)  The filing officer shall notify the Florida

  4  Elections Commission of the repeated late filing by a

  5  committee of continuous existence, the failure of a committee

  6  of continuous existence to file a report after notice, or the

  7  failure to pay the fine imposed.

  8         Section 3.  Subsections (1), (2), and (3) of section

  9  106.07, Florida Statutes, are amended to read:

10         106.07  Reports; certification and filing.--

11         (1)  Each campaign treasurer designated by a candidate

12  or political committee pursuant to s. 106.021 shall file

13  regular reports of all contributions received, and all

14  expenditures made, by or on behalf of such candidate or

15  political committee in accordance with the deadlines and

16  requirements set forth below:.

17         (a)  Reports shall be filed on the 10th day following

18  the end of each calendar quarter from the time the campaign

19  treasurer is appointed, except that, if the 10th day following

20  the end of a calendar quarter occurs on a Saturday, Sunday, or

21  legal holiday, the report shall be filed on the next following

22  day which is not a Saturday, Sunday, or legal holiday.

23  Quarterly reports shall include all contributions received and

24  expenditures made during the calendar quarter which have not

25  otherwise been reported pursuant to this section.

26         (b)(a)  Except as provided in paragraph (c) (b),

27  following the last day of qualifying for office, the reports

28  shall be filed on the 32nd, 18th, and 4th days immediately

29  preceding the first primary and on the 18th and 4th days

30  immediately preceding the second primary and general election,

31  for a candidate who is opposed in seeking nomination or

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  1  election to any office, for a political committee, or for a

  2  committee of continuous existence.

  3         (c)(b)  Following the last day of qualifying for

  4  office, any statewide candidate who has requested to receive

  5  contributions from the Election Campaign Financing Trust Fund

  6  or any statewide candidate in a race with a candidate who has

  7  requested to receive contributions from the trust fund shall

  8  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

  9  to the first primary and general elections, and on the 4th,

10  11th, 18th, and 25th days prior to the second primary.

11         (d)(c)  Following the last day of qualifying for

12  office, any unopposed candidate need only file a report within

13  90 days after the date such candidate became unopposed.  Such

14  report shall contain all previously unreported contributions

15  and expenditures as required by this section and shall reflect

16  disposition of funds as required by s. 106.141.

17         (e)(d)1.  When a special election is called to fill a

18  vacancy in office, all political committees and committees of

19  continuous existence making contributions or expenditures to

20  influence the results of such special election shall file

21  campaign treasurers' reports with the filing officer on the

22  dates set by the Department of State pursuant to s. 100.111.

23         2.  When an election is called for an issue to appear

24  on the ballot at a time when no candidates are scheduled to

25  appear on the ballot, all political committees making

26  contributions or expenditures in support of or in opposition

27  to such issue shall file reports on the 18th and 4th days

28  prior to such election.

29         (f)  Except for quarterly reports and final reports by

30  unopposed candidates, the reporting period for each report

31  required to be filed on a specified date under this section

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  1  shall, for the first report, be from the opening of the

  2  campaign account and, for each subsequent report, from the day

  3  of the filing deadline for the immediately preceding reporting

  4  period through the end of the day immediately preceding the

  5  filing deadline of the period of the report to be filed. Each

  6  such report shall include any contributions received or

  7  expenditures made during any previous reporting period which

  8  have not been reported.

  9

10  (e)  The filing officer shall provide each candidate with a

11  schedule designating the beginning and end of reporting

12  periods as well as the corresponding designated due dates

13  designated in this subsection.

14         (2)(a)  All reports required of a candidate by this

15  section shall be filed with the officer before whom the

16  candidate is required by law to qualify.  All candidates who

17  file with the Department of State shall file the original and

18  one copy of their reports.  In addition, a copy of each report

19  for candidates for other than statewide office who qualify

20  with the Department of State shall be filed with the

21  supervisor of elections in the county where the candidate

22  resides.  Reports shall be filed not later than 5 p.m. of the

23  day designated; however, any report postmarked by the United

24  States Postal Service no later than midnight of the day

25  designated shall be deemed to have been filed in a timely

26  manner. A certificate of mailing obtained from and dated by

27  the United States Postal Service at the time of mailing, or a

28  receipt from an established courier company, which bears a

29  date on or before the date on which the report is due, shall

30  be proof of mailing in a timely manner. Reports shall contain

31  information of all previously unreported contributions

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  1  received and expenditures made as of the preceding Friday,

  2  except that the report filed on the Friday immediately

  3  preceding the election shall contain information of all

  4  previously unreported contributions received and expenditures

  5  made as of the day preceding that designated due date.  All

  6  such reports shall be open to public inspection.

  7         (b)1.  Any report which is deemed to be incomplete by

  8  the officer with whom the candidate qualifies shall be

  9  accepted on a conditional basis, and the campaign treasurer

10  shall be notified by registered mail as to why the report is

11  incomplete and be given 3 days from receipt of such notice to

12  file an addendum to the report providing all information

13  necessary to complete the report in compliance with this

14  section. Failure to file a complete report after such notice

15  constitutes a violation of this chapter.

16         2.  In lieu of the notice by registered mail as

17  required in subparagraph 1., the qualifying officer may notify

18  the campaign treasurer by telephone that the report is

19  incomplete and request the information necessary to complete

20  the report.  If, however, such information is not received by

21  the qualifying officer within 3 days of the telephone request

22  therefor, notice shall be sent by registered mail as provided

23  in subparagraph 1.

24         (3)  Reports required of a political committee shall be

25  filed with the agency or officer before whom such committee

26  registers pursuant to s. 106.03(3) and shall be subject to the

27  same filing conditions as established for candidates' reports.

28  Only committees that file with the Department of State shall

29  file the original and one copy of their reports. Incomplete

30  reports by political committees shall be treated in the manner

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  1  provided for incomplete reports by candidates in subsection

  2  (2).

  3         (5)  The candidate and his or her campaign treasurer,

  4  in the case of a candidate, or the political committee chair

  5  and campaign treasurer of the committee, in the case of a

  6  political committee, shall certify as to the correctness of

  7  each report; and each person so certifying shall bear the

  8  responsibility for the accuracy and veracity of each report.

  9  Any campaign treasurer, candidate, or political committee

10  chair who willfully certifies the correctness of any report

11  while knowing that such report is incorrect, false, or

12  incomplete commits a misdemeanor of the first degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         (8)(a)  Any candidate or political committee failing to

15  file a report on the designated due date shall be subject to a

16  fine as provided in paragraph (b) for each late day, and, in

17  the case of a candidate, such fine shall be paid only from

18  personal funds of the candidate.  The fine shall be assessed

19  by the filing officer and the moneys collected shall be

20  deposited:

21         1.  In the Elections Commission Trust Fund, in the case

22  of a candidate for state office or a political committee that

23  registers with the Division of Elections; or

24         2.  In the general revenue fund of the political

25  subdivision, in the case of a candidate for an office of a

26  political subdivision or a political committee that registers

27  with an officer of a political subdivision.

28

29  No separate fine shall be assessed for failure to file a copy

30  of any report required by this section.

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  1         (b)  Upon determining that a report is late, the filing

  2  officer shall immediately notify the candidate or chair of the

  3  political committee as to the failure to file a report by the

  4  designated due date and that a fine is being assessed for each

  5  late day.  The fine shall be $50 per day for the first 3 days

  6  late and, thereafter, $500 per day for each late day, not to

  7  exceed 25 percent of the total receipts or expenditures,

  8  whichever is greater, for the period covered by the late

  9  report.  However, for the reports immediately preceding each

10  primary and general election, the fine shall be $500 per day

11  for each late day, not to exceed 25 percent of the total

12  receipts or expenditures, whichever if greater, for the period

13  covered by the late report. Upon receipt of the report, the

14  filing officer shall determine the amount of the fine which is

15  due and shall notify the candidate or chair.  The filing

16  officer shall determine the amount of the fine due based upon

17  the earliest of the following:

18         1.  When the report is actually received by such

19  officer.

20         2.  When the report is postmarked.

21         3.  When the certificate of mailing is dated.

22         4.  When the receipt from an established courier

23  company is dated.

24

25  Such fine shall be paid to the filing officer within 20 days

26  after receipt of the notice of payment due, unless appeal is

27  made to the Florida Elections Commission pursuant to paragraph

28  (c).  In the case of a candidate, such fine shall not be an

29  allowable campaign expenditure and shall be paid only from

30  personal funds of the candidate.  An officer or member of a

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  1  political committee shall not be personally liable for such

  2  fine.

  3         (c)  Any candidate or chair of a political committee

  4  may appeal or dispute the fine, based upon unusual

  5  circumstances surrounding the failure to file on the

  6  designated due date, and may request and shall be entitled to

  7  a hearing before the Florida Elections Commission, which shall

  8  have the authority to waive the fine in whole or in part.  Any

  9  such request shall be made within 20 days after receipt of the

10  notice of payment due.  In such case, the candidate or chair

11  of the political committee shall, within the 20-day period,

12  notify the filing officer in writing of his or her intention

13  to bring the matter before the commission.

14         (d)  The appropriate filing officer shall notify the

15  Florida Elections Commission of the repeated late filing by a

16  candidate or political committee, the failure of a candidate

17  or political committee to file a report after notice, or the

18  failure to pay the fine imposed.

19         Section 4.  Effective January 1, 2001, subsection (1)

20  of section 106.07, Florida Statutes, as amended by this act,

21  is amended to read:

22         106.07  Reports; certification and filing.--

23         (1)  Each campaign treasurer designated by a candidate

24  or political committee pursuant to s. 106.021 shall file

25  regular reports of all contributions received, and all

26  expenditures made, by or on behalf of such candidate or

27  political committee in accordance with the deadlines and

28  requirements set forth below:

29         (a)  From the time the campaign treasurer is appointed

30  through the last day of qualifying for office, reports shall

31  be filed on the 15th day of each month 10th day following the

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  1  end of each calendar quarter from the time the campaign

  2  treasurer is appointed, except that, if the 15th day of the

  3  month 10th day following the end of a calendar quarter occurs

  4  on a Saturday, Sunday, or legal holiday, the report shall be

  5  filed on the next following day which is not a Saturday,

  6  Sunday, or legal holiday.  Such Quarterly reports shall

  7  include all contributions received and expenditures made

  8  during the reporting period calendar quarter which have not

  9  otherwise been reported pursuant to this section.

10         (b)  Except as provided in paragraph (c), Following the

11  last day of qualifying for office, the reports shall be filed

12  on the Friday of each week preceding the general election

13  32nd, 18th, and 4th days immediately preceding the first

14  primary and on the 18th and 4th days immediately preceding the

15  second primary and general election, for a candidate who is

16  opposed in seeking nomination or election to any office, for a

17  political committee, or for a committee of continuous

18  existence.

19         (c)  Following the last day of qualifying for office,

20  any statewide candidate who has requested to receive

21  contributions from the Election Campaign Financing Trust Fund

22  or any statewide candidate in a race with a candidate who has

23  requested to receive contributions from the trust fund shall

24  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

25  to the first primary and general elections, and on the 4th,

26  11th, 18th, and 25th days prior to the second primary.

27         (c)(d)  Notwithstanding paragraph (b), following the

28  last day of qualifying for office, any unopposed candidate

29  need only file a report within 90 days after the date such

30  candidate became unopposed.  Such report shall contain all

31  previously unreported contributions and expenditures as

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  1  required by this section and shall reflect disposition of

  2  funds as required by s. 106.141.

  3         (d)(e)1.  When a special election is called to fill a

  4  vacancy in office, all political committees and committees of

  5  continuous existence making contributions or expenditures to

  6  influence the results of such special election shall file

  7  campaign treasurers' reports with the filing officer on the

  8  dates set by the Department of State pursuant to s. 100.111.

  9         2.  When an election is called for an issue to appear

10  on the ballot at a time when no candidates are scheduled to

11  appear on the ballot, all political committees making

12  contributions or expenditures in support of or in opposition

13  to such issue shall file reports on the 18th and 4th days

14  prior to such election.

15         (e)(f)  Except for quarterly reports and final reports

16  by unopposed candidates, the reporting period for each report

17  required to be filed on a specified date under this section

18  shall, for the first report, be from the opening of the

19  campaign account and, for each subsequent report, from the day

20  of the filing deadline for the immediately preceding reporting

21  period through the end of the day immediately preceding the

22  filing deadline of the period of the report to be filed. Each

23  such report shall include any contributions received or

24  expenditures made during any previous reporting period which

25  have not been reported.

26

27  The filing officer shall provide each candidate with a

28  schedule designating the beginning and end of reporting

29  periods as well as the corresponding due dates designated in

30  this subsection.

31

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  1         Section 5.  Effective January 1, 2001, subsection (1)

  2  of section 106.12, Florida Statutes, is amended to read:

  3         106.12  Petty cash funds allowed.--

  4         (1)  Each campaign treasurer designated pursuant to s.

  5  106.021(1) for a candidate or political committee is

  6  authorized to withdraw from the primary campaign account,

  7  until the close of the last day for qualifying for office, the

  8  amount of $200 $500 per monthly calendar quarter reporting

  9  period for the purpose of providing a petty cash fund for the

10  candidate or political committee.

11         Section 6.  Subsection (1) of section 106.29, Florida

12  Statutes, is amended to read:

13         106.29  Reports by political parties; restrictions on

14  contributions and expenditures; penalties.--

15         (1)  The state executive committee and each county

16  executive committee of each political party regulated by

17  chapter 103 shall file regular reports of all contributions

18  received and all expenditures made by such committee.  Such

19  reports shall contain the same information as do reports

20  required of candidates by s. 106.07 and shall be filed on the

21  10th day following the end of each calendar quarter, except

22  that, during the period from the last day for candidate

23  qualifying until the general election, such reports shall be

24  filed on the Friday immediately preceding the first primary

25  election, the second primary election, and the general

26  election and shall cover all contributions received and

27  expenditures made through the end of the day preceding the day

28  of the filing deadline and all contributions received and

29  expenditures made during any previous reporting period which

30  have not been reported.  Each state executive committee shall

31  file the original and one copy of its reports with the

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  1  Division of Elections.  Each county executive committee shall

  2  file its reports with the supervisor of elections in the

  3  county in which such committee exists.  Any state or county

  4  executive committee failing to file a report on the designated

  5  due date shall be subject to a fine as provided in subsection

  6  (3).  No separate fine shall be assessed for failure to file a

  7  copy of any report required by this section.

  8         (2)  The chair and treasurer of each state or county

  9  executive committee shall certify as to the correctness of

10  each report filed by them on behalf of such committee.  Any

11  committee chair or treasurer who certifies the correctness of

12  any report while knowing that such report is incorrect, false,

13  or incomplete commits a felony of the third degree, punishable

14  as provided in s. 775.082, s. 775.083, or s. 775.084.

15         (3)(a)  Any state or county executive committee failing

16  to file a report on the designated due date shall be subject

17  to a fine as provided in paragraph (b) for each late day.  The

18  fine shall be assessed by the filing officer, and the moneys

19  collected shall be deposited in the Elections Commission Trust

20  Fund.

21         (b)  Upon determining that a report is late, the filing

22  officer shall immediately notify the chair of the executive

23  committee as to the failure to file a report by the designated

24  due date and that a fine is being assessed for each late day.

25  The fine shall be $1,000 for a state executive committee, and

26  $50 for a county executive committee, per day for each late

27  day, not to exceed 25 percent of the total receipts or

28  expenditures, whichever is greater, for the period covered by

29  the late report.  However, if an executive committee fails to

30  file a report on the Friday immediately preceding the general

31  election, the fine shall be $10,000 per day for each day a

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  1  state executive committee is late and $500 per day for each

  2  day a county executive committee is late.  Upon receipt of the

  3  report, the filing officer shall determine the amount of the

  4  fine which is due and shall notify the chair.  The filing

  5  officer shall determine the amount of the fine due based upon

  6  the earliest of the following:

  7         1.  When the report is actually received by such

  8  officer.

  9         2.  When the report is postmarked.

10         3.  When the certificate of mailing is dated.

11         4.  When the receipt from an established courier

12  company is dated.

13

14  Such fine shall be paid to the filing officer within 20 days

15  after receipt of the notice of payment due, unless appeal is

16  made to the Florida Elections Commission pursuant to paragraph

17  (c).  An officer or member of an executive committee shall not

18  be personally liable for such fine.

19         (c)  The chair of an executive committee may appeal or

20  dispute the fine, based upon unusual circumstances surrounding

21  the failure to file on the designated due date, and may

22  request and shall be entitled to a hearing before the Florida

23  Elections Commission, which shall have the authority to waive

24  the fine in whole or in part.  Any such request shall be made

25  within 20 days after receipt of the notice of payment due.  In

26  such case, the chair of the executive committee shall, within

27  the 20-day period, notify the filing officer in writing of his

28  or her intention to bring the matter before the commission.

29         (d)  The appropriate filing officer shall notify the

30  Florida Elections Commission of the repeated late filing by an

31  executive committee, the failure of an executive committee to

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  1  file a report after notice, or the failure to pay the fine

  2  imposed.

  3         Section 7.  Effective January 1, 2001, subsection (1)

  4  of section 106.29, Florida Statutes, as amended by this act,

  5  is amended to read:

  6         106.29  Reports by political parties; restrictions on

  7  contributions and expenditures; penalties.--

  8         (1)  The state executive committee and each county

  9  executive committee of each political party regulated by

10  chapter 103 shall file regular reports of all contributions

11  received and all expenditures made by such committee.  Such

12  reports shall contain the same information as do reports

13  required of candidates by s. 106.07 and shall be filed at the

14  same times and subject to the same filing conditions as are

15  established by ss. 106.07(1) and (2) and 106.0705 for

16  candidates' reports on the 10th day following the end of each

17  calendar quarter, except that, during the period from the last

18  day for candidate qualifying until the general election, such

19  reports shall be filed on the Friday immediately preceding the

20  first primary election, the second primary election, and the

21  general election and shall cover all contributions received

22  and expenditures made through the end of the day preceding the

23  day of the filing deadline and all contributions received and

24  expenditures made during any previous reporting period which

25  have not been reported.  Each county executive committee shall

26  file its reports with the supervisor of elections in the

27  county in which such committee exists.  Any state or county

28  executive committee failing to file a report on the designated

29  due date shall be subject to a fine as provided in subsection

30  (3).  No separate fine shall be assessed for failure to file a

31  copy of any report required by this section.

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  1         Section 8.  Subsection (2) of section 105.08, Florida

  2  Statutes, is amended to read:

  3         105.08  Campaign contribution and expense; reporting.--

  4         (2)  Notwithstanding any other provision of this

  5  chapter or chapter 106, a candidate for retention as a justice

  6  or a judge who has not received any contribution or made any

  7  expenditure may file a sworn statement at the time of

  8  qualifying that he or she does not anticipate receiving

  9  contributions or making expenditures in connection with the

10  candidacy for retention to office.  Such candidate shall file

11  a final report pursuant to s. 106.141, within 90 days

12  following the general election for which the candidate's name

13  appeared on the ballot for retention. Any such candidate for

14  retention to judicial office who, after filing a statement

15  pursuant to this subsection, receives any contribution or

16  makes any expenditure in connection with the candidacy for

17  retention shall immediately file a statement to that effect

18  with the qualifying officer and shall begin filing reports as

19  an opposed candidate pursuant to s. 106.07 or s. 106.0705.

20         Section 9.  Subsection (2) of section 106.025, Florida

21  Statutes, is amended to read:

22         106.025  Campaign fund raisers.--

23         (2)  This section shall not apply to any campaign fund

24  raiser held on behalf of a political party by the state or

25  county executive committee of such party, provided that the

26  proceeds of such campaign fund raiser are reported pursuant to

27  s. 106.29 or s. 106.0705.

28         Section 10.  Paragraph (b) of subsection (2) of section

29  106.08, Florida Statutes, is amended to read:

30         106.08  Contributions; limitations on.--

31         (2)

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  1         (b)  Polling services, research services, costs for

  2  campaign staff, professional consulting services, and

  3  telephone calls are not contributions to be counted toward the

  4  contribution limits of paragraph (a).  Any item not expressly

  5  identified in this paragraph as nonallocable is a contribution

  6  in an amount equal to the fair market value of the item and

  7  must be counted as allocable toward the $50,000 contribution

  8  limits of paragraph (a). Nonallocable, in-kind contributions

  9  must be reported by the candidate under s. 106.07 or s.

10  106.0705 and by the political party under s. 106.29 or s.

11  106.0705.

12         Section 11.  Subsection (3) of section 106.18, Florida

13  Statutes, is amended to read:

14         106.18  When a candidate's name to be omitted from

15  ballot.--

16         (3)  No certificate of election shall be granted to any

17  candidate until all preelection reports required by s. 106.07

18  or s. 106.0705 have been filed in accordance with the

19  provisions of such section. However, no candidate shall be

20  prevented from receiving a certificate of election for failure

21  to file any copy of a report required by this chapter.

22         Section 12.  Except as otherwise provided herein, this

23  act shall take effect upon becoming a law.

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  1            *****************************************

  2                           HOUSE SUMMARY

  3
      Requires campaign treasurer's reports that are to be
  4    filed with the Division of Elections to be filed
      electronically when aggregate contributions or
  5    expenditures exceed $10,000. Provides filing requirements
      under such system and provides penalties related thereto.
  6    Requires the Division of Elections to adopt rules to
      develop the system as an Internet-based one that offers
  7    direct input and download and verifies the identity of
      the person submitting a report. Removes requirements for
  8    duplicate copies of reports, to conform.

  9
      Requires all campaign treasurer's reports to cover
10    contributions received or expenditures made from the
      first day of the reporting period through the day
11    immediately preceding the filing deadline for that
      reporting period and all contributions received and
12    expenditures made during any previous reporting period
      which have not been reported.
13

14    Revises schedules for submitting campaign treasurer's
      reports, effective for offices sought after the 2000
15    general election. Provides for a petty cash fund in the
      amount of $200 per monthly reporting period, to conform.
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