Senate Bill 2638

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    Florida Senate - 2000                                  SB 2638

    By Senator Mitchell





    4-1482A-00

  1                      A bill to be entitled

  2         An act relating to elections; creating the

  3         "Florida Clean Elections Act"; providing

  4         findings and declarations; defining terms;

  5         providing for clean money campaign funding for

  6         candidates; providing for a transition rule;

  7         providing limitations on contributions and

  8         expenditures; providing for seed money

  9         contributions; providing for participation in

10         debates; providing for certification by the

11         Division of Elections; providing additional

12         benefits for participating candidates;

13         providing for the amounts and payment schedule

14         of clean money funding; providing for

15         limitations on expenditure of clean money

16         funds; providing for disclosure of excess

17         spending by nonparticipating candidates;

18         providing for reports of independent

19         expenditures; providing for issue

20         advertisements; directing the Secretary of

21         State to create a nonpartisan Voter Information

22         Commission; requiring publicly funded

23         television and radio stations to provide free

24         coverage of specified elections; providing for

25         limitations on public mailing privileges;

26         providing revenue sources for the Clean Money

27         Trust Fund; providing for the administration

28         and dispersal of clean money funds; providing

29         for limitations on political party

30         contributions and expenditures; amending s.

31         106.011, F.S.; redefining the term "political

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  1         advertisement"; amending s. 106.021, F.S.;

  2         eliminating the authorization for unrestricted

  3         expenditures by political parties and

  4         committees; amending s. 106.08, F.S.; providing

  5         limits on contributions to political parties;

  6         revising limits on contributions to candidates

  7         by political parties; providing penalties;

  8         amending s. 106.087, F.S.; eliminating the

  9         authorization for specified expenditures by

10         political parties and committees; conforming a

11         statutory cross-reference; reenacting s.

12         106.19(1), F.S., relating to penalties;

13         amending s. 106.29, F.S; revising reporting

14         requirements; conforming statutory

15         cross-references; providing for powers of and

16         reports by the Florida Elections Commission;

17         providing for repayment of excess expenditures;

18         providing penalties; providing for

19         severability; providing an effective date.

20

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

22

23         Section 1.  Short title.--This act may be cited as the

24  "Florida Clean Elections Act."

25         Section 2.  Findings and declarations.--

26         (1)  The legislature finds and declares that the

27  current system of privately financed campaigns for election to

28  statewide and legislative offices undermines democracy in this

29  state in the following principal ways:

30         (a)  It violates the democratic principle of "one

31  person, one vote" and diminishes the meaning of the right to

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  1  vote by allowing large contributions to have a deleterious

  2  influence on the political process.

  3         (b)  It violates the rights of all citizens to equal

  4  and meaningful participation in the democratic process.

  5         (c)  It diminishes the free-speech rights of nonwealthy

  6  voters and candidates whose voices are drowned out by those

  7  who can afford to monopolize the arena of paid political

  8  communications.

  9         (d)  It undermines the First Amendment right of voters

10  and candidates to be heard in the political process; it

11  undermines the First Amendment right of voters to hear all

12  candidates' speech; and it undermines the core First Amendment

13  value of open and robust debate in the political process.

14         (e)  It fuels the public perception of corruption and

15  undermines public confidence in the democratic process and

16  democratic institutions.

17         (f)  It drives up the cost of election campaigns,

18  making it difficult for qualified candidates without access to

19  large contributors or personal fortunes to mount competitive

20  campaigns.

21         (g)  It places challengers at a disadvantage, because

22  large campaign contributors tend to give their money to

23  incumbents, thus causing elections to be less competitive.

24         (h)  It inhibits communication with the electorate by

25  candidates without access to large sums of campaign money.

26         (i)  It burdens candidates with the incessant rigors of

27  fundraising and thus decreases the time available to carry out

28  their public responsibilities.

29         (2)  The Legislature finds and declares that providing

30  a voluntary clean money campaign finance system for all

31

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  1  primary and general elections would enhance democracy in the

  2  state in the following principal ways:

  3         (a)  It would help eliminate the deleterious influence

  4  of large contributions on the political process, remove access

  5  to wealth as a major determinant of a person's influence

  6  within the political process, and restore meaning to the

  7  principle of "one person, one vote."

  8         (b)  It would help restore the rights of all citizens

  9  to equal and meaningful participation in the democratic

10  process.

11         (c)  It would restore the free-speech rights of

12  nonwealthy candidates and voters by providing candidates with

13  the equal resources with which to communicate with the voters.

14         (d)  It would help restore the First Amendment right of

15  voters and candidates to be heard in the political process; it

16  would help restore the First Amendment right of voters to hear

17  all candidates' speech; and it would help restore the core

18  First Amendment value of open and robust debate in the

19  political process.

20         (e)  It would diminish the public perception of

21  corruption and strengthen public confidence in the democratic

22  process and democratic institutions.

23         (f)  It would halt and reverse the escalating cost of

24  elections.

25         (g)  It would create a more level playing field for

26  incumbents and challengers, create genuine opportunities for

27  qualified residents of this state to run for statewide or

28  legislative office, and encourage more competitive elections.

29         (h)  It would facilitate communication with the

30  electorate by candidates, regardless of their access to large

31  sums of campaign money.

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  1         (i)  It would free candidates from the incessant rigors

  2  of raising money, and allow them more time to carry out their

  3  official duties.

  4         (3)  The Legislature further finds and declares that

  5  the unique factual circumstances in this state require that

  6  this act be enacted to promote the compelling state interests

  7  listed in subsection (2). This act is designed to create a

  8  rough proportionality between the benefits and restrictions

  9  that apply to participating candidates. However, it should be

10  clear that the act is not entirely neutral. Participating

11  candidates are deliberately favored to further the compelling

12  state interest of encouraging participation in the public

13  financing program.

14         Section 3.  Definitions.--As used in this act, the

15  term:

16         (1)  "Seed money period" means the period beginning the

17  day following the previous general election for that office

18  and ending on the last day of the clean money qualifying

19  period. This is the exploratory period during which candidates

20  who wish to become eligible for clean money funding for the

21  next elections are permitted to raise and spend a limited

22  amount of private seed money, in contributions of up to $100

23  per individual, for the purpose of testing the waters and

24  fulfilling the clean money eligibility requirements. The seed

25  money period begins before, but extends to the end of, the

26  clean money qualifying period.

27         (2)  "Clean money qualifying period" means the period

28  during which candidates are permitted to collect qualifying

29  contributions in order to qualify for clean money funding. For

30  legislative races, it begins 60 days before the beginning of

31  the first primary election campaign period and ends 30 days

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  1  before the beginning of the first primary election. For

  2  gubernatorial and statewide races, it begins 120 days before

  3  the beginning of the first primary election campaign period

  4  and ends 30 days before the beginning of the first primary

  5  election.

  6         (3)  "First primary election campaign period" means the

  7  period beginning 60 days before the first primary election and

  8  ending on the day of the first primary election.

  9         (4)  "Second primary election campaign period" means

10  the period beginning the day after the first primary election

11  and ending on the day of the second primary election.

12         (5)  "General election campaign period" means the

13  period beginning the day after the first or second primary

14  election and ending on the day of the general election.

15         (6)  "Seed money contribution" means a contribution of

16  no more than $100 cumulative from any one source during the

17  seed money period. The term does not include payments by a

18  membership organization for the costs of communications to its

19  members; payments by a membership organization for the purpose

20  of facilitating the making of qualifying contributions; and

21  volunteer activity, including the payment of incidental

22  expenses by volunteers.

23         (7)  "Qualifying contribution" means a contribution of

24  $5 that is received during the designated clean money

25  qualifying period by a candidate seeking to become eligible

26  for clean money campaign funding and that is acknowledged by a

27  written receipt identifying the contributor. Contributors must

28  be registered voters who reside within the candidate's

29  electoral district or state and who are therefore eligible to

30  vote for that candidate. Qualifying contributions must be made

31  in cash, or by check or money order; must be accompanied by a

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  1  receipt fully identifying the contributor that includes a

  2  signed statement indicating that he or she fully understands

  3  the purpose of the contribution and that the contribution is

  4  made without coercion or reimbursement; and must be turned

  5  over to the Division of Elections for deposit in the clean

  6  money fund. Qualifying contributions shall be gathered by

  7  candidates themselves or by volunteers who receive no

  8  compensation.

  9         (8)  "Allowable contribution" means a qualifying

10  contribution or a seed money contribution.

11         (9)  "Participating candidate" means a candidate who

12  qualifies for clean money campaign funding. Such candidates

13  are eligible to receive clean money funding during primary and

14  general election campaign periods.

15         (10)  "Nonparticipating candidate" means a candidate

16  who is on the ballot but has chosen not to apply for clean

17  money campaign funding or a candidate who is on the ballot and

18  has applied but has not satisfied the requirements for

19  receiving clean money funding.

20         (11)  "Excess expenditure amount" means the amount of

21  money spent or obligated to be spent by a nonparticipating

22  candidate in excess of the clean money amount available to a

23  participating candidate running for the same office.

24         (12)  "Immediate family" means the candidate's spouse,

25  parents, and children.

26         (13)  "Soft money" means money raised by political

27  parties that is unregulated by state law or which exceeds

28  statutory limits for support for party candidates.

29         (14)  "Mass mailings" means mailings of 200 or more

30  identical or nearly identical pieces of mail sent by

31  candidates or elected officials to the voters, residents, or

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  1  postal box-holders within the jurisdiction candidates are

  2  seeking to represent. Such mailings, consisting of

  3  substantially identical letters, newsletters, pamphlets,

  4  brochures, or other written material, are distinct from

  5  mailings made in direct response to communications from

  6  persons or groups to whom the matter is mailed; mailings to

  7  federal, state, or local government officials; and news

  8  releases to the communications media all of which are exempt

  9  from this definition.

10         (15)  "Party candidate" means a candidate who

11  represents a political party that has been granted ballot

12  status and holds a primary election to choose its nominee for

13  the general election.

14         (16)  "Independent candidate" means a candidate who

15  does not represent a political party that has been granted

16  ballot status and holds a primary election to choose its

17  nominee for the general election.

18         (17)  "Florida Elections Commission" means the

19  governmental agency created under section 106.24, Florida

20  Statutes.

21         (18)  "Department" means the Department of State.

22         (19)  "Division" means the Division of Elections in the

23  Department of State.

24         Section 4.  Eligibility for clean money campaign

25  funding for party candidates.--

26         (1)  A party candidate qualifies as a participating

27  candidate for the first and second primary election campaign

28  period if the candidate:

29         (a)  Files a declaration with the Division of Elections

30  that he or she has complied and will comply with all of the

31  requirements of this act, including the requirement that

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  1  during the seed money period and the clean money qualifying

  2  period the candidate not accept or spend private contributions

  3  from any source other than seed money contributions and clean

  4  money qualifying contributions unless the provisions of

  5  section 6 apply; and

  6         (b)  Meets the following qualifying contribution

  7  requirements before the close of the clean money qualifying

  8  period:

  9         1.  A party candidate must collect at least the

10  following number of qualifying contributions:

11         a.  For a candidate running for the office of State

12  Representative, 500.

13         b.  For a candidate running for the office of State

14  Senator, 1,500.

15         c.  For a candidate running for state office, 20,000.

16         d.  For a candidate running for the office of Governor,

17  30,000.

18         2.  Each qualifying contribution must be:

19         a.  Acknowledged by a receipt to the contributor with a

20  copy to be kept by the candidate and a third copy to be

21  submitted to the Division of Elections. The receipt shall

22  indicate, by the contributor's signature, that the contributor

23  understands that the purpose of the contribution is to help

24  the candidate qualify for clean money campaign funding, and

25  believes that he or she is currently registered to vote in the

26  candidate's district. The receipt must include the

27  contributor's signature, printed name, home address, and

28  telephone number, and the name of the candidate on whose

29  behalf the contribution is made.

30         b.  Submitted, with a signed and completed receipt, to

31  the Division of Elections according to a schedule and

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  1  procedure to be determined by the division. A contribution

  2  submitted as a qualifying contribution that does not include a

  3  signed and completed receipt may not be counted as a

  4  qualifying contribution.

  5         (2)  A party candidate qualifies as a participating

  6  candidate for the general election campaign period if the

  7  candidate:

  8         (a)  Has met all of the applicable requirements and

  9  filed a declaration with the Division of Elections that he or

10  she has fulfilled and will fulfill all of the requirements of

11  a participating candidate as stated in this act; and

12         (b)  As a participating candidate during the first and

13  second primary election campaign period, he or she had the

14  highest number of votes of the candidates contesting the

15  primary elections from his or her respective party, or, by

16  other means, won the party's official nomination.

17         Section 5.  Eligibility for clean money campaign

18  funding for independent candidates.--

19         (1)  An independent candidate qualifies as a

20  participating candidate for the first and second primary

21  election campaign period if the candidate:

22         (a)  Files a declaration with the Division of Elections

23  that he or she has complied and will comply with all of the

24  requirements of this act, including the requirement that

25  during the seed money period and the clean money qualifying

26  period the candidate not accept or spend private contributions

27  from any source other than seed money contributions and clean

28  money qualifying contributions unless the provisions of

29  section 6 apply; and

30

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  1         (b)  Meets the following qualifying contribution

  2  requirements before the close of the clean money qualifying

  3  period:

  4         1.  An independent candidate must collect the same

  5  number of qualifying contributions as a party candidate must

  6  collect for the same office as provided in section 4.

  7         2.  Each qualifying contribution must be:

  8         a.  Acknowledged by a receipt to the contributor, with

  9  a copy to be kept by the candidate and a third copy to be

10  submitted to the division. The receipt must indicate, by the

11  contributor's signature, that the contributor understands that

12  the purpose of the contribution is to help the candidate

13  qualify for clean money campaign funding, and believes that he

14  or she is currently registered to vote in the candidate's

15  district. The receipt must include the contributor's

16  signature, printed name, home address, and telephone number,

17  and the name of the candidate on whose behalf the contribution

18  is made.

19         b.  Submitted, with a signed and completed receipt, to

20  the Division of Elections according to a schedule and

21  procedure to be determined by the division.

22         (2)  An independent candidate qualifies as a

23  participating candidate for the general election campaign

24  period:

25         (a)  If, before the first and second primary election,

26  he or she has met all of the applicable requirements of this

27  act and filed a declaration with the Division of Elections

28  that he or she has fulfilled and will fulfill all of the

29  requirements of a participating candidate as stated in this

30  act, and

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  1         (b)  If, during the first and second primary election

  2  campaign period, he or she has fulfilled all the requirements

  3  of a participating candidate as stated in this act.

  4         Section 6.  Transition rule for current election

  5  cycle.--During the election cycle in effect on July 1, 2000, a

  6  candidate may be certified as a participating candidate,

  7  notwithstanding the acceptance of contributions or making of

  8  expenditures from private funds before July 1, 2000, which

  9  would, absent this section, disqualify the candidate as a

10  participating candidate if any private funds accepted but not

11  expended before July 1, 2000, are returned to the contributor

12  or submitted to the Division of Elections for deposit in the

13  clean money fund.

14         Section 7.  Continuing obligation to comply.--A

15  participating candidate who accepts any benefits during the

16  first and second primary election campaign period shall comply

17  with all the requirements of this legislation through the

18  general election campaign period whether he or she continues

19  to accept benefits or not, unless a participating candidate

20  loses in a primary election or withdraws from another

21  candidacy and subsequently is selected as a candidate for

22  Lieutenant Governor with a nonparticipating candidate for

23  governor.

24         Section 8.  Contributions and expenditures.--

25         (1)  During the primary and general election campaign

26  periods, a participating candidate who has voluntarily agreed

27  to participate in and has become eligible for clean money

28  benefits, may not accept private contributions from any source

29  other than the candidate's political party.

30         (2)  A person may not make a contribution in the name

31  of another person. A participating candidate who receives a

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  1  qualifying contribution or a seed money contribution that is

  2  not from the person listed on the receipt required by

  3  subsection (1)(b)2. of section 4 and subsection (3) of section

  4  10 shall be liable to pay the Florida Elections Commission the

  5  entire amount of the laundered contribution, in addition to

  6  any penalties.

  7         (3)  During the primary and general election campaign

  8  periods, a participating candidate shall pay for all of his or

  9  her campaign expenditures, except petty cash expenditures, by

10  means of the Division of Elections Clean Money Debit Card, as

11  authorized under section 25 of this act.

12         (4)  Eligible candidates shall furnish complete

13  campaign records, including all records of seed money

14  contributions and qualifying contributions, to the Division of

15  Elections at regular filing times, or on request by the

16  division. Candidates must cooperate with any audit or

17  examination by the division or the Florida Elections

18  Commission.

19         Section 9.  Use of personal funds.--

20         (1)  Personal funds contributed as seed money by a

21  candidate seeking to become eligible as a participating

22  candidate or by adult members of his or her immediate family

23  may not exceed the maximum of $100 per contributor.

24         (2)  Personal funds may not be used to meet the

25  qualifying contribution requirement except for one $5

26  contribution from the candidate and one $5 contribution from

27  the candidate's spouse, if the candidate and his or her spouse

28  are registered voters who reside in the candidate's electoral

29  district.

30         Section 10.  Seed money.--

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  1         (1)  The only private contributions a candidate seeking

  2  to become eligible for clean money funding may accept, other

  3  than qualifying contributions, are seed money contributions

  4  contributed before the end of the clean money qualifying

  5  period.

  6         (2)  A seed money contribution may not exceed $100 from

  7  any one source and the aggregate amount of seed money

  8  contributions accepted by a candidate seeking to become

  9  eligible for clean money funding may not exceed:

10         (a)  For a candidate running for the office of state

11  representative, $10,000.

12         (b)  For a candidate running for the office of state

13  senator, $30,000.

14         (c)  For a candidate running for statewide office,

15  $200,000.

16         (d)  For a candidate running for Governor, $500,000.

17         (3)  Receipts for seed money contributions under $25

18  shall only include the contributor's signature, printed name,

19  and address. Receipts for seed money contributions of $25 or

20  more shall include the contributor's signature, printed name,

21  street address and zip code, telephone number, occupation, and

22  name of employer. Contributions may not be accepted if the

23  required disclosure information is not received.

24         (4)  Seed money may be spent only during the clean

25  money qualifying period. Seed money may not be spent during

26  the primary or general election campaign periods.

27         (5)  Within 48 hours after the close of the clean money

28  qualifying period, candidates seeking to become eligible for

29  clean money funding shall fully disclose all seed money

30  contributions and expenditures to the Division of Elections

31  and turn over to the division for deposit in the clean money

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  1  fund any seed money he or she has raised during the designated

  2  seed money period that exceeds the aggregate seed money limit.

  3         Section 11.  Participation in debates.--

  4         (1)  Participating candidates in contested races shall

  5  participate in one 1-hour debate during a contested first

  6  primary election, one 1-hour debate during a second primary

  7  election, and two 1-hour debates during a contested general

  8  election when public debate opportunities are available.

  9         (2)  Licensed broadcasters receiving state funding or

10  providing publicly authorized cable services are required to

11  publicly broadcast debates for gubernatorial and other

12  statewide races.

13         (3)  Nonparticipating candidates for the same office

14  whose names will appear on the ballot must be invited to join

15  the debates.

16         Section 12.  Certification.--

17         (1)  No more than 5 days after a candidate applies for

18  clean money benefits, the Division of Elections shall certify

19  that the candidate is or is not eligible. Eligibility can be

20  revoked if the candidate violates the requirements of this

21  act, in which case all clean money funds must be repaid.

22         (2)  The candidate's request for certification shall be

23  signed by the candidate and his or her campaign treasurer

24  under penalty of perjury.

25         (3)  The Division of Elections' determination is final

26  except that it is subject to examination and audit by an

27  outside agency and to a prompt expedited judicial review.

28         Section 13.  Benefits provided to candidates eligible

29  to receive clean money.--

30         (1)  Candidates who qualify for clean money funding for

31  primary and general elections shall:

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  1         (a)  Receive clean money funding from the Division of

  2  Elections for each election, the amount of which is specified

  3  in section 15. This funding may be used to finance any and all

  4  campaign expenses during the particular campaign period for

  5  which it was allocated.

  6         (b)  Receive media benefits and mailing privileges as

  7  provided for in sections 22 and 23 of this act.

  8         (c)  Receive additional clean money funding to match

  9  any excess expenditure amount spent by a nonparticipating

10  candidate, as specified in section 17(4) of this act.

11         (d)  Receive additional clean money funding to match

12  any independent expenditure made in opposition to their

13  candidacies or on behalf of their opponents' candidacies, as

14  specified in sections 18 and 19 of this act.

15         (2)  The maximum aggregate amount of additional funding

16  a participating candidate may receive to match independent

17  expenditures and the excess expenditures of nonparticipating

18  candidates is 300 percent of the full amount of clean money

19  funding allocated to a participating candidate for a

20  particular primary or general election campaign period.

21         Section 14.  Schedule of clean money payments.--

22         (1)  An eligible party candidate shall receive his or

23  her clean money funding for the first or second primary

24  election campaign period on the date on which the Division of

25  Elections certifies the candidate as a participating

26  candidate. This certification shall take place no later than 5

27  days after the candidate has submitted the required number of

28  qualifying contributions and a declaration stating that he or

29  she has complied with all other requirements for eligibility

30  as a participating candidate, but no earlier than the

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  1  beginning of the first or second primary election campaign

  2  period.

  3         (2)  An eligible party candidate shall receive his or

  4  her clean money funding for the general election campaign

  5  period within 48 hours after certification of the applicable

  6  primary election results.

  7         (3)  An eligible independent candidate shall receive

  8  his or her clean money funding for the first or second primary

  9  election campaign period on the date on which the Division of

10  Elections certifies the candidate as a participating

11  candidate. This certification shall take place no later than 5

12  days after the candidate has submitted the required number of

13  qualifying contributions and a declaration stating that he or

14  she has complied with all other requirements for eligibility

15  as a participating candidate, but no earlier than the

16  beginning of the first or second primary election campaign

17  period.

18         (4)  An eligible independent candidate shall receive

19  his or her clean money funding for a general election campaign

20  period within 48 hours after certification of the applicable

21  primary election results.

22         Section 15.  Determination of clean money amounts.--

23         (1)  The amount of clean money funding for an eligible

24  party candidate in a contested first primary election is:

25         (a)  For a candidate running for the office of state

26  representative, $45,000.

27         (b)  For a candidate running for the office of state

28  senator, $135,000.

29         (c)  For a candidate running for statewide office,

30  $700,000.

31         (d)  For a candidate running for Governor, $2 million.

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  1         (2)  The clean money amount for an eligible party

  2  candidate in an uncontested first primary election is 10

  3  percent of the amount provided in a contested first primary

  4  election.

  5         (3)  The clean money amount for an eligible party

  6  candidate in a second primary election is 25 percent of the

  7  amount for the first primary election.

  8         (4)  The amount of clean money funding for an eligible

  9  party candidate in a contested general election is:

10         (a)  For a candidate running for the office of state

11  representative, $60,000.

12         (b)  For a candidate running for the office of state

13  senator, $180,000.

14         (c)  For a candidate running for statewide office, $1

15  million.

16         (d)  For a candidate running for Governor, $5 million.

17         (5)  The clean money amount for an eligible independent

18  candidate in a primary election is 10 percent of the amount

19  received by a party candidate in a contested primary election.

20         (6)  The clean money amount for an eligible independent

21  candidate in the general election is the same as the full

22  amount received by a party candidate in the general election.

23         (7)  After the first cycle of clean money elections,

24  the Division of Elections shall modify all clean money amounts

25  based on the rate of inflation or the cost-of-living index.

26         Section 16.  Expenditures made with clean money funds.

27         (1)  The clean money funding received by a

28  participating candidate may be used only for the purpose of

29  defraying that candidate's campaign-related expenses during a

30  particular election campaign period for which the clean money

31  funding was allocated.

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  1         (2)  Clean money funding may not be used in violation

  2  of the law or to repay any personal, family or business loans,

  3  expenditures, or debts.

  4         Section 17.  Disclosure of excess spending by

  5  nonparticipating candidates.--

  6         (1)  If a nonparticipating candidate's total

  7  expenditures exceed the amount of clean money funding

  8  allocated to his or her clean money opponent, he or she shall

  9  declare every excess expenditure amount which, in the

10  aggregate, is more than $1,000 to the Division of Elections

11  within 48 hours.

12         (2)  During the last 20 days before the end of the

13  relevant campaign period, a nonparticipating candidate shall

14  declare to the Division of Elections each excess expenditure

15  amount over $500 within 24 hours of when the expenditure is

16  made or obligated to be made.

17         (3)  The Division of Elections may make its own

18  determination as to whether excess expenditures have been made

19  by nonparticipating candidates.

20         (4)  Upon receiving an excess expenditure declaration,

21  the Division of Elections shall immediately release additional

22  clean money funding to the opposing participating candidate

23  equal to the excess expenditure amount the nonparticipating

24  candidate has spent or intends to spend subject to the limit

25  set forth in section 13(2).

26         Section 18.  Definitions.--

27         (1)  As used in this act, the term:

28         (a)  "Independent expenditure" means an expenditure

29  made by a person or group other than a candidate or

30  candidate's authorized committee which is made for a

31  communication that contains express advocacy, and is made

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  1  without the participation or cooperation of and without

  2  coordination with a candidate or candidate committee.

  3         (b)  "Express advocacy" means a communication that is

  4  made through a broadcast medium, newspaper, magazine,

  5  billboard, direct mail, or similar type of general public

  6  communication or political advertising that advocates the

  7  election or defeat of a clearly identified candidate,

  8  including any communication that contains a phrase such as

  9  "vote for," "re-elect," "support," "cast your ballot for,"

10  "(name of candidate) for (name of office)," "(name of

11  candidate) in (year)," "vote against," "defeat," "reject," or

12  contains campaign slogans or individual words that in context

13  can have no reasonable meaning other than to recommend the

14  election or defeat of one or more clearly identified

15  candidates. The term does not include any news story,

16  commentary, or editorial by a broadcasting station, newspaper,

17  magazine, or other publication, if the entity is not owned by

18  or affiliated with any candidate or candidate committee or a

19  regularly published newsletter or other communication whose

20  circulation is limited to an organization's members,

21  employees, shareholders, other affiliated individuals and

22  those who request or purchase the internal publication.

23         (c)  "Coordination" as used in paragraph (a) means a

24  payment made for a communication or anything of value that is

25  for the purpose of influencing the outcome of a state election

26  and that is made:

27         1.  By a person in cooperation, consultation, or

28  concert with, at the request or suggestion of, or pursuant to

29  a particular understanding with a candidate, a candidate's

30  authorized committee, or an agent acting on behalf of an

31  candidate or authorized committee;

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  1         2.  By a person for the dissemination, distribution, or

  2  republication, in whole or in part, of any broadcast or any

  3  written, graphic, or other form of campaign material prepared

  4  by a candidate, a candidate's authorized committee, or an

  5  agent of a candidate or authorized committee;

  6         3.  Based on specific information about the candidate's

  7  plans, projects, or needs provided to the person making the

  8  payment by the candidate or the candidate's agent who provides

  9  the information with a view toward having the payment made;

10         4.  By a person if, in the same election cycle in which

11  the payment is made, the person making the payment is serving

12  or has served as a member, employee, fund-raiser, or agent of

13  the candidate's authorized committee in an executive or

14  policy-making position;

15         5.  By a person if the person making the payment has

16  served in any formal policy or advisory position with the

17  candidate's campaign or has participated in strategic or

18  policy-making discussions with the candidate's campaign

19  relating to the candidate's pursuit of nomination for election

20  or election to a state office in the same election cycle as

21  the election cycle in which the payment is made; or

22         6.  By a person if the person making the payment

23  retains the professional services of an individual or person

24  who, in a nonministerial capacity, has provided or is

25  providing campaign-related services in the same election cycle

26  to a candidate who is pursuing the same nomination or election

27  as any of the candidates to whom the communication refers.

28         (d)  "Professional services" includes services in

29  support of a candidate's pursuit of nomination for election or

30  election to state office such as polling, media advice, direct

31  mail, fundraising, or campaign research.

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  1         Section 19.  Disclosure of and additional clean money

  2  to respond to independent expenditures.--

  3         (1)  Any person who makes an independent expenditure

  4  during a primary or general election campaign period which, in

  5  the aggregate, exceeds $1,000 shall report each expenditure

  6  within 48 hours to the Division of Elections.

  7         (2)  The report to the Division of Elections shall

  8  include a statement, under penalty of perjury, by the person

  9  making the independent expenditure identifying the candidate

10  whom the independent expenditure is intended to help elect or

11  defeat and affirming that the expenditure is totally

12  independent and involves no cooperation or coordination with a

13  candidate or a political party.

14         (3)  An individual or organization may file a complaint

15  with the Florida Elections Commission if he or she or the

16  organization believes that such a statement if false. The

17  Florida Elections Commission shall make a prompt determination

18  about such a complaint.

19         (4)  Any person who makes an independent expenditure

20  that in the aggregate exceeds $500 shall report each

21  expenditure within 24 hours to the Division of Elections.

22         (5)  Upon receiving a report that an independent

23  expenditure has been made or is obligated to be made, the

24  Division of Elections shall immediately release additional

25  clean money funding, equal in amount to the cost of the

26  independent expenditure, to all participating candidates whom

27  the independent expenditure is intended to oppose or defeat,

28  as set forth in subsections (2) and (4), if the maximum

29  aggregate amount of additional funding a participating

30  candidate receives to match independent expenditures and the

31  excess expenditures of nonparticipating candidates is no more

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  1  than 300 percent of the full amount of clean money funding

  2  allocated to a participating candidate in that election, and

  3  the aggregate amount of the campaign expenditures, combined

  4  with the amount of the independent expenditures of the

  5  nonparticipating candidate benefitting from the independent

  6  expenditure exceeds the amount of clean money funding received

  7  by the participating candidate.

  8         (6)  Funding in the same amounts must also be granted

  9  to any participating candidate when another participating

10  candidate benefits, however unintentionally, from independent

11  expenditures which, in the aggregate with other expenditures,

12  exceed the clean money amount received by the participating

13  candidates.

14         Section 20.  Definition and disclosure of and

15  additional clean money to respond to issue advertisements.--

16         (1)  As used in this act, the term "issue

17  advertisement" means a communication through a broadcasting

18  station, newspaper, magazine, outdoor advertising facility,

19  mailing, or any other type of general public political

20  advertising the purchase of which is not an independent

21  expenditure or a contribution and which costs, in the

22  aggregate, $1,000 or more; which contains the name or likeness

23  of one or more candidates; which is communicated during a

24  primary or general election period; and which recommends a

25  position on a political issue.

26         (2)  A person that makes a disbursement to purchase an

27  issue advertisement shall file a report with the Division of

28  Elections not later than 48 hours after making the

29  disbursement, containing the amount of the disbursement, the

30  name and address of the person making the disbursement, the

31

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  1  purpose of the issue advertisement, and the script or a

  2  printed or duplicated audio copy of the advertisement.

  3         (3)  Upon receiving a report that an issue

  4  advertisement has been made or is obligated to be made, and

  5  upon determination that the advertisement can reasonably be

  6  interpreted as having the effect of promoting the defeat of a

  7  participating candidate or the election of that candidate's

  8  opponent, the Division of Elections shall immediately release

  9  to that candidate additional clean money funding, equal in

10  amount to the cost of the issue advertisement.

11         Section 21.  Voter Information Commission.--

12         (1)  The Secretary of State shall establish and

13  administer a nonpartisan Voter Information Commission

14  consisting of representatives of nonprofit organizations,

15  political parties, the media, and interested citizens.

16         (2)  The Voter Information Commission may establish a

17  voter information program for the purpose of providing voters

18  with election-related information and fostering political

19  dialogue and debate.

20         (3)  The Voter Information Commission shall organize

21  the publication and distribution of a voter information guide

22  that includes important information about candidates appearing

23  on the ballot, including biographical material submitted by

24  the candidates; whether candidates are funding their campaigns

25  with public money or private money; policy statements by the

26  candidates or their political parties on issues designated by

27  the commission and other issues; and, when pertinent,

28  candidates' voting records.

29         Section 22.  Broadcast debates.--

30         (1)  All television and radio broadcast stations

31  publicly funded in part or providing publicly approved cable

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  1  services shall make available, as a condition of their

  2  licenses, free coverage for gubernatorial and other statewide

  3  candidate debates in contested primary and general elections.

  4         (2)  At a minimum, broadcasters shall broadcast, and

  5  participating candidates in gubernatorial and other statewide

  6  races shall participate in, 1-hour debate during a contested

  7  primary election and two 1-hour debates during a contested

  8  general election.

  9         (3)  All participating candidates shall participate in

10  public debates when practicable and all nonparticipating

11  candidates for the same office whose names will appear on the

12  ballot must be invited to join the debates.

13         Section 23.  Limit on use of legislative or other

14  public official mailing privileges.--

15         (1)  Except as provided in subsection (2), an elected

16  official shall not mail any mass mailings as government mail

17  during the period between July 1 of the election year and the

18  date of the general election for that office, unless the

19  candidate has made a public announcement that he or she will

20  not be a candidate for reelection to that office or to any

21  other state office during that election cycle.

22         (2)  The normal privileges for elected officials shall

23  remain applicable to mailings not covered under the definition

24  of mass mailing in section 3(14).

25         Section 24.  Revenue sources for Clean Money Trust

26  Fund.--

27         (1)  The Legislature may appropriate funds which, when

28  added to the revenue outlined in subsection (2), will be

29  sufficient to fully carry out the activities outlined in this

30  act. The appropriated funds shall be deposited in the Clean

31  Money Trust Fund, if created by law.

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  1         (2)  Other sources of revenue to be deposited in the

  2  trust fund include:

  3         (a)  The qualifying contributions required of

  4  candidates seeking to become certified as participating

  5  candidates according to section 4 of this act and candidates

  6  excess qualifying contributions;

  7         (b)  The excess seed money contributions of candidates

  8  seeking to become certified as participating candidates;

  9         (c)  Unspent funds distributed to any participating

10  candidate who does not remain a candidate until the primary or

11  general election for which they were distributed, or such

12  funds that remain unspent by a participating candidate

13  following the date of the primary or general election for

14  which they were distributed;

15         (d)  Fines levied by the Florida Elections Commission

16  against candidates for violation of election laws;

17         (e)  Voluntary donations made directly to the Clean

18  Money Trust Fund;

19         (f)  A 10 percent surcharge on civil fines.

20         (g)  Any interest generated by the fund; and

21         (h)  Any other sources of revenue determined by law.

22         Section 25.  Administration and dispersal of clean

23  money.--

24         (1)  Upon determination that a candidate has met all

25  the requirements for becoming a participating candidate as

26  provided for in this act, the Division of Elections shall

27  authorize the issuance to the candidate of a card, known as

28  the Clean Money Debit Card, and a line of debit entitling the

29  candidates and members of the candidate's staff to draw clean

30  money funds from a state account to pay for all campaign costs

31

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  1  and expenses up to the amount of clean money funding the

  2  candidate has received.

  3         (2)  Neither a participating candidate nor any other

  4  person on behalf of a participating candidate shall pay

  5  campaign costs by cash, check, money order, loan, or by any

  6  other financial means besides the Clean Money Debit Card,

  7  except as provided for in subsection (3).

  8         (3)  Cash amounts of $100 or less per day may be drawn

  9  on the Clean Money Debit Card and used to pay expenses of no

10  more than $25 each. Records of all such expenditures must be

11  maintained and reported to the Division of Elections.

12         Section 26.  Political party contributions and

13  expenditures.--

14         (1)  Participating candidates may accept monetary or

15  in-kind contributions from political parties if the aggregate

16  amount of the contributions from all political party

17  committees combined does not exceed the equivalent of 10

18  percent of the clean money financing amount for that office

19  and if the aggregate does not exceed $100,000 per candidate

20  per election period.

21         (2)  Contributions made to, and expenditures made by,

22  political parties during primary and general election campaign

23  periods must be reported to the Division of Elections on the

24  same basis as contributions and expenditures made to or by

25  candidates.

26         (3)  This act does not prevent political party funds

27  from being used for: general operating expenses of the party;

28  conventions; nominating and endorsing candidates on a

29  nonrecurring basis within each election period; identifying,

30  researching, and developing the party's positions on issues;

31  party platform activities; non-candidate-specific voter

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  1  registration; non-candidate-specifid get-out-the-vote drives;

  2  travel expenses for noncandidate party leaders and staff; and

  3  other non-candidate-specific party building activities.

  4         Section 27.  Subsection (17) of section 106.011,

  5  Florida Statutes, is amended to read:

  6         106.011  Definitions.--As used in this chapter, the

  7  following terms have the following meanings unless the context

  8  clearly indicates otherwise:

  9         (17)(a)  "Political advertisement" means a paid

10  expression in any communications media prescribed in

11  subsection (13), whether radio, television, newspaper,

12  magazine, periodical, campaign literature, direct mail, or

13  display or by means other than the spoken word in direct

14  conversation, which shall support or oppose any candidate,

15  elected public official, or issue. A political advertisement

16  shall be deemed to support or oppose a candidate or elected

17  public official if it mentions or shows a clearly identifiable

18  candidate for election or reelection and is distributed at any

19  point during the period following the last day of qualifying

20  for that candidacy through the immediately ensuing general

21  election, regardless of whether the communication contains the

22  words "vote for," "re-elect," "vote against," "defeat," or any

23  similar words or statements.

24         (b)  However, "Political advertisement" does not

25  include:

26         1.(a)  A statement by an organization, in existence

27  prior to the time during which a candidate qualifies or an

28  issue is placed on the ballot for that election, in support of

29  or opposition to a candidate or issue, in that organization's

30  newsletter, which newsletter is distributed only to the

31  members of that organization.

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  1         2.(b)  Editorial endorsements by any newspaper, radio

  2  or television station, or other recognized news medium.

  3         3.  A paid expression in any communications media that

  4  mentions or shows a clearly identifiable candidate for

  5  election or reelection and that:

  6         a.  Advertises a business rather than the candidate, is

  7  paid for out of funds of that business, and is similar to

  8  other advertisements for that business that have mentioned or

  9  shown the candidate and have been distributed on a regular

10  basis over a period of at least 1 year prior to the qualifying

11  period for that candidacy; or

12         b.  Is distributed or broadcast only to areas other

13  than the geographical area of the electorate for that

14  candidacy.

15         Section 28.  Subsection (3) of section 106.021, Florida

16  Statutes, is amended to read:

17         106.021  Campaign treasurers; deputies; primary and

18  secondary depositories.--

19         (3)  Except for independent expenditures, no

20  contribution or expenditure, including contributions or

21  expenditures of a candidate or of the candidate's family,

22  shall be directly or indirectly made or received in

23  furtherance of the candidacy of any person for nomination or

24  election to political office in the state or on behalf of any

25  political committee except through the duly appointed campaign

26  treasurer of the candidate or political committee.  However,

27  expenditures may be made directly by any political committee

28  or political party regulated by chapter 103 for obtaining

29  time, space, or services in or by any communications medium

30  for the purpose of jointly endorsing three or more candidates,

31  and any such expenditure shall not be considered a

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  1  contribution or expenditure to or on behalf of any such

  2  candidates for the purposes of this chapter.

  3         Section 29.  Section 106.08, Florida Statutes, is

  4  amended to read:

  5         106.08  Contributions; limitations on.--

  6         (1)(a)  Except for political parties, no person,

  7  political committee, or committee of continuous existence may,

  8  in any election, make contributions in excess of $500 to any

  9  candidate for election to or retention in office or to any

10  political committee supporting or opposing one or more

11  candidates. Candidates for the offices of Governor and

12  Lieutenant Governor on the same ticket are considered a single

13  candidate for the purpose of this section.

14         (b)1.  The contribution limits provided in this

15  subsection do not apply to contributions made by a state or

16  county executive committee of a political party regulated by

17  chapter 103 or to amounts contributed by a candidate to his or

18  her own campaign.

19         2.  Notwithstanding the limits provided in this

20  subsection, an unemancipated child under the age of 18 years

21  of age may not make a contribution in excess of $100 to any

22  candidate or to any political committee supporting one or more

23  candidates.

24         (c)  The contribution limits of this subsection apply

25  to each election. For purposes of this subsection, the first

26  primary, second primary, and general election are separate

27  elections so long as the candidate is not an unopposed

28  candidate as defined in s. 106.011(15).  However, for the

29  purpose of contribution limits with respect to candidates for

30  retention as a justice or judge, there is only one election,

31  which is the general election. With respect to candidates in a

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  1  circuit holding an election for circuit judge or in a county

  2  holding an election for county court judge, there are only two

  3  elections, which are the first primary election and general

  4  election.

  5         (2)  A person, political committee, or committee of

  6  continuous existence may not make contributions to the state

  7  and county executive committees of a political party,

  8  including any subordinate committee of a state or county

  9  executive committee of a political party, which contributions,

10  including in-kind contributions, in the aggregate in any

11  calendar year exceed $5,000.

12         (3)(2)(a)  A candidate may not accept contributions

13  from national, state, including any subordinate committee of a

14  national, state, or county committee of a political party, and

15  county executive committees of a political party, including

16  any subordinate committee of a national, state, or county

17  executive committee of a political party, which contributions,

18  including in-kind contributions, in the aggregate in any

19  calendar year exceed $5,000 $50,000, no more than $25,000 of

20  which may be accepted prior to the 28-day period immediately

21  preceding the date of the general election.

22         (b)  National, state, and county executive committees

23  of a political party, including any subordinate committee of a

24  national, state, or county executive committee of a political

25  party, may not make contributions to a candidate, which

26  contributions, including in-kind contributions, in the

27  aggregate in any calendar year exceed $5,000. Polling

28  services, research services, costs for campaign staff,

29  professional consulting services, and telephone calls are not

30  contributions to be counted toward the contribution limits of

31  paragraph (a).  Any item not expressly identified in this

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  1  paragraph as nonallocable is a contribution in an amount equal

  2  to the fair market value of the item and must be counted as

  3  allocable toward the $50,000 contribution limits of paragraph

  4  (a). Nonallocable, in-kind contributions must be reported by

  5  the candidate under s. 106.07 and by the political party under

  6  s. 106.29.

  7         (4)(3)(a)  Any contribution received by a candidate

  8  with opposition in an election or by the campaign treasurer or

  9  a deputy campaign treasurer of such a candidate on the day of

10  that election or less than 5 days prior to the day of that

11  election must be returned by him or her to the person or

12  committee contributing it and may not be used or expended by

13  or on behalf of the candidate.

14         (b)  Except as otherwise provided in paragraph (c), any

15  contribution received by a candidate or by the campaign

16  treasurer or a deputy campaign treasurer of a candidate after

17  the date at which the candidate withdraws his or her

18  candidacy, or after the date the candidate is defeated,

19  becomes unopposed, or is elected to office must be returned to

20  the person or committee contributing it and may not be used or

21  expended by or on behalf of the candidate.

22         (c)  With respect to any campaign for an office in

23  which an independent or minor party candidate has filed as

24  required in s. 99.0955 or s. 99.096, but whose qualification

25  is pending a determination by the Department of State or

26  supervisor of elections as to whether or not the required

27  number of petition signatures was obtained:

28         1.  The department or supervisor shall, no later than 3

29  days after that determination has been made, notify in writing

30  all other candidates for that office of that determination.

31

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  1         2.  Any contribution received by a candidate or the

  2  campaign treasurer or deputy campaign treasurer of a candidate

  3  after the candidate has been notified in writing by the

  4  department or supervisor that he or she has become unopposed

  5  as a result of an independent or minor party candidate failing

  6  to obtain the required number of petition signatures shall be

  7  returned to the person, political committee, or committee of

  8  continuous existence contributing it and shall not be used or

  9  expended by or on behalf of the candidate.

10         (5)(4)  Any contribution received by the chair,

11  campaign treasurer, or deputy campaign treasurer of a

12  political committee supporting or opposing a candidate with

13  opposition in an election or supporting or opposing an issue

14  on the ballot in an election on the day of that election or

15  less than 5 days prior to the day of that election may not be

16  obligated or expended by the committee until after the date of

17  the election.

18         (6)(5)  A person may not make any contribution through

19  or in the name of another, directly or indirectly, in any

20  election.  Candidates, political committees, and political

21  parties may not solicit contributions from or make

22  contributions to any religious, charitable, civic, or other

23  causes or organizations established primarily for the public

24  good. However, it is not a violation of this subsection for a

25  candidate, political committee, or political party executive

26  committee to make gifts of money in lieu of flowers in memory

27  of a deceased person or for a candidate to continue membership

28  in, or make regular donations from personal or business funds

29  to, religious, political party, civic, or charitable groups of

30  which the candidate is a member or to which the candidate has

31  been a regular donor for more than 6 months.  A candidate may

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  1  purchase, with campaign funds, tickets, admission to events,

  2  or advertisements from religious, civic, political party, or

  3  charitable groups.

  4         (7)(6)  A political party may not accept any

  5  contribution which has been specifically designated for the

  6  partial or exclusive use of a particular candidate.  Any

  7  contribution so designated must be returned to the contributor

  8  and may not be used or expended by or on behalf of the

  9  candidate.

10         (8)(7)(a)  Any person who knowingly and willfully makes

11  no more than one contribution in violation of subsection (1),

12  subsection (2), or subsection (6) (5), or any person who

13  knowingly and willfully fails or refuses to return any

14  contribution as required in subsection (4) (3), commits a

15  misdemeanor of the first degree, punishable as provided in s.

16  775.082 or s. 775.083.  If any corporation, partnership, or

17  other business entity or any political party, political

18  committee, or committee of continuous existence is convicted

19  of knowingly and willfully violating any provision punishable

20  under this paragraph, it shall be fined not less than $1,000

21  and not more than $10,000.  If it is a domestic entity, it may

22  be ordered dissolved by a court of competent jurisdiction; if

23  it is a foreign or nonresident business entity, its right to

24  do business in this state may be forfeited.  Any officer,

25  partner, agent, attorney, or other representative of a

26  corporation, partnership, or other business entity or of a

27  political party, political committee, or committee of

28  continuous existence who aids, abets, advises, or participates

29  in a violation of any provision punishable under this

30  paragraph commits a misdemeanor of the first degree,

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

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  1         (b)  Any person who knowingly and willfully makes two

  2  or more contributions in violation of subsection (1),

  3  subsection (2), or subsection (6) (5) commits a felony of the

  4  third degree, punishable as provided in s. 775.082, s.

  5  775.083, or s. 775.084.  If any corporation, partnership, or

  6  other business entity or any political party, political

  7  committee, or committee of continuous existence is convicted

  8  of knowingly and willfully violating any provision punishable

  9  under this paragraph, it shall be fined not less than $10,000

10  and not more than $50,000.  If it is a domestic entity, it may

11  be ordered dissolved by a court of competent jurisdiction; if

12  it is a foreign or nonresident business entity, its right to

13  do business in this state may be forfeited.  Any officer,

14  partner, agent, attorney, or other representative of a

15  corporation, partnership, or other business entity, or of a

16  political committee, committee of continuous existence, or

17  political party who aids, abets, advises, or participates in a

18  violation of any provision punishable under this paragraph

19  commits a felony of the third degree, punishable as provided

20  in s. 775.082, s. 775.083, or s. 775.084.

21         (9)(8)  Except when otherwise provided in subsection

22  (8) (7), any person who knowingly and willfully violates any

23  provision of this section shall, in addition to any other

24  penalty prescribed by this chapter, pay to the state a sum

25  equal to twice the amount contributed in violation of this

26  chapter.  Each campaign treasurer shall pay all amounts

27  contributed in violation of this section to the state for

28  deposit in the General Revenue Fund.

29         (10)(9)  This section does not apply to the transfer of

30  funds between a primary campaign depository and a savings

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  1  account or certificate of deposit or to any interest earned on

  2  such account or certificate.

  3         Section 30.  Paragraph (a) of subsection (1) and

  4  paragraph (a) of subsection (2) of section 106.087, Florida

  5  Statutes, are amended to read:

  6         106.087  Independent expenditures; contribution limits;

  7  restrictions on political parties, political committees, and

  8  committees of continuous existence.--

  9         (1)(a)  As a condition of receiving a rebate of filing

10  fees and party assessment funds pursuant to s. 99.061(2), s.

11  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

12  treasurer of a state or county executive committee shall take

13  and subscribe to an oath or affirmation in writing. During the

14  qualifying period for state candidates and prior to

15  distribution of such funds, a printed copy of the oath or

16  affirmation shall be filed with the Secretary of State and

17  shall be substantially in the following form:

18

19  State of Florida

20  County of....

21         Before me, an officer authorized to administer oaths,

22  personally appeared ...(name)..., to me well known, who, being

23  sworn, says that he or she is the ...(title)... of the

24  ...(name of party)... ...(state or specified county)...

25  executive committee; that the executive committee has not

26  made, either directly or indirectly, an independent

27  expenditure in support of or opposition to a candidate or

28  elected public official in the prior 6 months; that the

29  executive committee will not make, either directly or

30  indirectly, an independent expenditure in support of or

31  opposition to a candidate or elected public official, through

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  1  and including the upcoming general election; and that the

  2  executive committee will not violate the contribution limits

  3  applicable to candidates under s. 106.08(3) s. 106.08(2),

  4  Florida Statutes.

  5                          ...(Signature of committee officer)...

  6                                                 ...(Address)...

  7

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

  9  ...(year)..., at .... County, Florida.

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

11

12         (2)(a)  Any political committee or committee of

13  continuous existence that accepts the use of public funds,

14  equipment, personnel, or other resources to collect dues from

15  its members agrees not to make independent expenditures in

16  support of or opposition to a candidate or elected public

17  official. However, expenditures may be made for the sole

18  purpose of jointly endorsing three or more candidates.

19         Section 31.  For the purpose of incorporating the

20  amendment to section 106.08, Florida Statutes, in a reference

21  thereto, subsection (1) of section 106.19, Florida Statutes,

22  is reenacted to read:

23         106.19  Violations by candidates, persons connected

24  with campaigns, and political committees.--

25         (1)  Any candidate; campaign manager, campaign

26  treasurer, or deputy treasurer of any candidate; committee

27  chair, vice chair, campaign treasurer, deputy treasurer, or

28  other officer of any political committee; agent or person

29  acting on behalf of any candidate or political committee; or

30  other person who knowingly and willfully:

31

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  1         (a)  Accepts a contribution in excess of the limits

  2  prescribed  by s. 106.08;

  3         (b)  Fails to report any contribution required to be

  4  reported by this chapter;

  5         (c)  Falsely reports or deliberately fails to include

  6  any information required by this chapter; or

  7         (d)  Makes or authorizes any expenditure in violation

  8  of s. 106.11(3) or any other expenditure prohibited by this

  9  chapter;

10

11  is guilty of a misdemeanor of the first degree, punishable as

12  provided in s. 775.082 or  s. 775.083.

13         Section 32.  Subsection (6) of section 106.29, Florida

14  Statutes, is amended to read:

15         106.29  Reports by political parties; restrictions on

16  contributions and expenditures; penalties.--

17         (6)(a)  The national, state, and county executive

18  committees of a political party, including any subordinate

19  committee of a national, state, or county executive committee

20  of a political party, may not contribute to any candidate any

21  amount in excess of the limits contained in s. 106.08(3) s.

22  106.08(2), and all contributions required to be reported under

23  s. 106.08(2) by the national executive committee of a

24  political party shall be reported by the state executive

25  committee of that political party.

26         (b)  A violation of the contribution limits contained

27  in s. 106.08(3) s. 106.08(2) is a misdemeanor of the first

28  degree, punishable as provided in s. 775.082 or s. 775.083. A

29  civil penalty equal to three times the amount in excess of the

30  limits contained in s. 106.08(3) s. 106.08(2) shall be

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  1  assessed against any executive committee found in violation

  2  thereof.

  3         Section 33.  Florida Elections Commission powers and

  4  procedures.--

  5         (1)  After every primary and general election, the

  6  Florida Elections Commission may conduct random audits and

  7  investigations to ensure compliance with this act.

  8         (2)  The subjects of audits and investigations shall be

  9  selected on the basis of impartial criteria established by a

10  vote of at least three members of the commission.

11         (3)  The commission may seek injunctions if:

12         (a)  There is a substantial likelihood that a violation

13  of this act is occurring or is about to occur;

14         (b)  The failure to act expeditiously will result in

15  irreparable harm to a party affected by the potential

16  violation;

17         (c)  An expeditious action will not cause undue harm or

18  prejudice to the interests of others; and

19         (d)  The public interest would be best served by the

20  issuance of an injunction.

21         (4)  The commission may levy fines for violations of

22  the law. Fines paid shall be deposited in the Clean Money

23  Trust Fund, if created by law.

24         (5)  The commission shall refer criminal violations to

25  the appropriate state attorney for prosecution.

26         (6)  The commission may participate fully in any

27  actions filed under this section.

28         Section 34.  Florida Elections Commission Reports.--The

29  Florida Elections Commission shall report fully to the

30  Legislature after each election cycle. The report shall

31  include a detailed summary of all seed money contributions,

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  1  qualifying contributions, and benefits received, and

  2  expenditures made, by all participating candidates. The report

  3  shall also include a summary and evaluation of the

  4  commission's activities and recommendations relating to the

  5  implementation, administration, and enforcement of this act.

  6         Section 35.  Repayments of excess expenditures.--

  7         (1)  If a participating candidate spends or obligates

  8  to spend more than the clean money funding the candidate is

  9  given, and if such is determined not to be an amount that had

10  or could have been expected to have a significant impact on

11  the outcome of the election, the candidate shall repay an

12  amount equal to the excess.

13         (2)  If a participating candidate spends or obligates

14  to spend more than the clean money funding the candidate is

15  given, and if such is determined to be an amount that had or

16  could have been expected to have a significant impact on the

17  outcome of the election, the candidate shall repay an amount

18  equal to ten time the value of the excess.

19         Section 36.  Penalties.--

20         (1)  It is a violation of this act for candidates to

21  knowingly accept more benefits than those to which they are

22  entitled, spend more than the amount of clean money funding

23  they have received, or misuse such benefits or clean money

24  funding.

25         (a)  If it is determined that the violation was

26  intentional and involved an amount that had or could have been

27  expected to have a significant impact on the outcome of the

28  election, the candidate is guilty of a felony of the third

29  degree, punishable as provided in section 775.082, section

30  775.083, or section 775.084, Florida Statutes.

31

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  1         (b)  If it is determined that the violation was

  2  intentional and involved an amount that had or could have been

  3  expected to have a significant impact on the outcome of the

  4  election, and if, in the judgment of the commission, the

  5  violation is believed to have contributed to the violator

  6  winning the election, the commission may recommend to the

  7  Legislature that the results of the election be nullified and

  8  a new election called.

  9         (2)  It is a violation of this act to provide false

10  information to the commission and to conceal or withhold

11  information from the commission. Any person violating this

12  section commits a felony of the third degree, punishable as

13  provided in section 775.082, section 775.083, or section

14  775.084, Florida Statutes.

15         Section 37.  Severability.--If any provision of this

16  act or the application thereof to any person or circumstance

17  is held invalid, the invalidity does not affect other

18  provisions or applications of the act which can be given

19  effect without the invalid provision or application, and to

20  this end the provisions of this act are declared severable.

21         Section 38.  This act shall take effect July 1, 2000.

22

23            *****************************************

24                          SENATE SUMMARY

25    Creates the "Florida Clean Elections Act" to provide
      clean money campaign funding for specified candidates.
26    Revises and limits some current campaign funding
      provisions. (See bill for details.)
27

28

29

30

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