Senate Bill sb1302

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    Florida Senate - 2001                                  SB 1302

    By Senator Lawson





    3-974-01                                            See HB 439

  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title; amending s. 106.011, F.S.; revising

  4         definitions of the terms "political committee,"

  5         "contribution," "expenditure," and "political

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

  7         eliminating a provision that authorizes the

  8         unrestricted expenditure of funds for the

  9         purpose of jointly endorsing three or more

10         candidates; amending s. 106.03, F.S.; providing

11         additional requirements for registration of

12         political committees and certification of

13         committees of continuous existence; providing

14         penalties and applicability; amending s.

15         106.04, F.S.; requiring committees of

16         continuous existence to update certain

17         certification information; requiring an

18         up-to-date membership list with the application

19         for certification and with each annual and

20         regular report; specifying information

21         membership lists must provide; requiring

22         membership dues to be reported in the same

23         manner as regular contributions; prohibiting

24         committees of continuous existence from making

25         expenditures in support of or opposition to an

26         elected public official without registering as

27         a political committee; providing that records

28         of a committee of continuous existence relating

29         to political activities are public records;

30         revising the fine for late filing of reports by

31         committees of continuous existence; providing

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1         penalties; amending s. 106.07, F.S.; conforming

  2         a cross-reference, to conform; amending s.

  3         106.08, F.S.; providing limits on contributions

  4         to a political party; revising a provision

  5         relating to restrictions on contributions to a

  6         candidate by a political party; providing

  7         penalties; reenacting s. 106.19(1)(a), F.S.,

  8         relating to penalties applicable to acceptance

  9         of contributions in excess of the limits

10         provided by law, to incorporate the amendment

11         to s. 106.08, F.S., in a reference thereto;

12         amending s. 106.087, F.S.; eliminating a

13         provision that prohibits certain political

14         committees and committees of continuous

15         existence from making independent expenditures

16         in support of or opposition to a candidate or

17         elected public official; amending s. 106.29,

18         F.S.; requiring subordinate and executive

19         committees of a political party to adhere to

20         contribution limits for political parties;

21         providing penalties; creating s. 106.291, F.S.;

22         requiring state and county executive

23         committees, including subordinate committees

24         thereof, to report to the Division of Elections

25         certain contributions received while the

26         Legislature is in regular, extended, or special

27         session; providing reporting requirements;

28         providing for the posting of such reports on

29         the Internet; providing a fine for late filing;

30         providing for severability; providing effective

31         dates.

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

  2  

  3         Section 1.  This act may be cited as the "Marjorie

  4  Turnbull Campaign Finance Reform Act."

  5         Section 2.  Effective upon this act becoming a law,

  6  subsection (1) of section 106.011, Florida Statutes, is

  7  amended to read:

  8         106.011  Definitions.--As used in this chapter, the

  9  following terms have the following meanings unless the context

10  clearly indicates otherwise:

11         (1)(a)  "Political committee" means:

12         1.  A combination of two or more individuals, or a

13  person other than an individual, that in an aggregate amount

14  in excess of $500 during a calendar year:

15         a.  Accepts contributions for the purpose of making

16  contributions to any candidate, political committee, committee

17  of continuous existence, or political party;

18         b.  Accepts contributions for the purpose of expressly

19  advocating the election or defeat of any candidate or issue;

20         c.  Makes expenditures for the purpose of expressly

21  advocating the election or defeat of any candidate or issue;

22  or

23         d.  Makes contributions to a common fund, other than a

24  joint checking account between spouses, from which

25  contributions are made to any candidate, political committee,

26  committee of continuous existence, or political party. the

27  primary or incidental purpose of which is to support or oppose

28  any candidate, issue, or political party, which accepts

29  contributions or makes expenditures during a calendar year in

30  an aggregate amount in excess of $500; "political committee"

31  also means

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1         2.  The sponsor of a proposed constitutional amendment

  2  by initiative who intends to seek the signatures of registered

  3  electors.

  4         (b)  Notwithstanding paragraph (a), the following

  5  entities shall not be considered political committees for

  6  purposes of this chapter:

  7         1.  Organizations which are certified by the Department

  8  of State as committees of continuous existence pursuant to s.

  9  106.04, national political parties, and the state and county

10  executive committees of political parties regulated by chapter

11  103 shall not be considered political committees for the

12  purposes of this chapter.

13         2.  Corporations regulated by chapter 607 or chapter

14  617 or other business entities formed for purposes other than

15  to support or oppose issues or candidates, are not political

16  committees if their political activities are limited to

17  contributions to candidates, political parties, or political

18  committees or expenditures in support of or opposition to an

19  issue from corporate or business funds and if no contributions

20  are received by such corporations or business entities.

21         Section 3.  Subsections (3), (4), and (17) of section

22  106.011, Florida Statutes, and subsection (1) of that section,

23  as amended by this act, are amended to read:

24         106.011  Definitions.--As used in this chapter, the

25  following terms have the following meanings unless the context

26  clearly indicates otherwise:

27         (1)(a)  "Political committee" means:

28         1.  A combination of two or more individuals, or a

29  person other than an individual, that in an aggregate amount

30  in excess of $500 during a calendar year:

31  

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1         a.  Accepts contributions for the purpose of making

  2  contributions to any candidate, elected public official,

  3  political committee, committee of continuous existence, or

  4  political party;

  5         b.  Accepts contributions for the purpose of expressly

  6  advocating the election or defeat of any candidate, elected

  7  public official, or issue;

  8         c.  Makes expenditures for the purpose of expressly

  9  advocating the election or defeat of any candidate, elected

10  public official, or issue; or

11         d.  Makes contributions to a common fund, other than a

12  joint checking account between spouses, from which

13  contributions are made to any candidate, elected public

14  official, political committee, committee of continuous

15  existence, or political party.

16         2.  The sponsor of a proposed constitutional amendment

17  by initiative who intends to seek the signatures of registered

18  electors.

19         (b)  Notwithstanding paragraph (a), the following

20  entities shall not be considered political committees for

21  purposes of this chapter:

22         1.  Organizations which are certified by the Department

23  of State as committees of continuous existence pursuant to s.

24  106.04, national political parties, and the state and county

25  executive committees of political parties regulated by chapter

26  103.

27         2.  Corporations regulated by chapter 607 or chapter

28  617 or other business entities formed for purposes other than

29  to support or oppose issues or candidates, if their political

30  activities are limited to contributions to candidates,

31  political parties, or political committees or expenditures in

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  support of or opposition to an issue from corporate or

  2  business funds and if no contributions are received by such

  3  corporations or business entities.

  4         (3)  "Contribution" means:

  5         (a)  A gift, subscription, conveyance, deposit, loan,

  6  payment, or distribution of money or anything of value,

  7  including contributions in kind having an attributable

  8  monetary value in any form, made for the purpose of

  9  influencing the results of an election.

10         (b)  A transfer of funds between political committees,

11  between committees of continuous existence, or between a

12  political committee and a committee of continuous existence.

13         (c)  The payment, by any person other than a candidate

14  or political committee, of compensation for the personal

15  services of another person which are rendered to a candidate

16  or political committee without charge to the candidate or

17  committee for such services.

18         (d)  The transfer of funds by a campaign treasurer or

19  deputy campaign treasurer between a primary depository and a

20  separate interest-bearing account or certificate of deposit,

21  and the term includes any interest earned on such account or

22  certificate.

23         (e)  Any funds received by a political committee which

24  are used or intended to be used, directly or indirectly, to

25  pay for a political advertisement supporting or opposing an

26  elected public official.

27  

28  Notwithstanding the foregoing meanings of "contribution," the

29  word shall not be construed to include services, including,

30  but not limited to, legal and accounting services, provided

31  without compensation by individuals volunteering a portion or

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  all of their time on behalf of a candidate or political

  2  committee.  This definition shall not be construed to include

  3  editorial endorsements.

  4         (4)  "Expenditure" means a purchase, payment,

  5  distribution, loan, advance, transfer of funds by a campaign

  6  treasurer or deputy campaign treasurer between a primary

  7  depository and a separate interest-bearing account or

  8  certificate of deposit, or gift of money or anything of value

  9  made for the purpose of influencing the results of an election

10  or for purchasing a political advertisement supporting or

11  opposing an elected public official.  However, "expenditure"

12  does not include a purchase, payment, distribution, loan,

13  advance, or gift of money or anything of value made for the

14  purpose of influencing the results of an election when made by

15  an organization, in existence prior to the time during which a

16  candidate qualifies or an issue is placed on the ballot for

17  that election, for the purpose of printing or distributing

18  such organization's newsletter, containing a statement by such

19  organization in support of or opposition to a candidate or

20  issue, which newsletter is distributed only to members of such

21  organization.

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

23  expression in any communications media prescribed in

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

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

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

27  conversation, which shall support or oppose any candidate,

28  elected public official, or issue. In addition, an

29  advertisement is presumed to be a political advertisement if

30  it is a paid expression in any communications media described

31  in subsection (13), whether radio, television, newspaper,

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

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

  3  conversation, which substantially mentions or shows a clearly

  4  identifiable candidate for election or reelection and is

  5  distributed at any point during the period following the last

  6  day of qualifying for that candidacy through the ensuing

  7  general election and which, when examined by a reasonable

  8  person, would be understood as a communication made for the

  9  purpose of influencing the results of an election on that

10  candidacy during that period and for which aggregate

11  expenditures on like advertisements exceed $1,000.

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

13  include:

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

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

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

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

18  newsletter, which newsletter is distributed only to the

19  members of that organization.

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

21  or television station, or other recognized news medium.

22         3.  A paid expression in any communications media which

23  mentions or shows a clearly identifiable candidate for

24  election or reelection which:

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

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

27  other advertisements for that business which have mentioned or

28  shown the candidate and have been distributed regularly over a

29  period of at least 1 year before the qualifying period for

30  that candidacy; or

31  

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1         b.  Is distributed or broadcast only to areas other

  2  than the geographical area of the electorate for that

  3  candidacy.

  4         Section 4.  Subsection (3) of section 106.021, Florida

  5  Statutes, is amended to read:

  6         106.021  Campaign treasurers; deputies; primary and

  7  secondary depositories.--

  8         (3)  Except for independent expenditures, no

  9  contribution or expenditure, including contributions or

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

11  shall be directly or indirectly made or received in

12  furtherance of the candidacy of any person for nomination or

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

14  political committee except through the duly appointed campaign

15  treasurer of the candidate or political committee.  However,

16  expenditures may be made directly by any political committee

17  or political party regulated by chapter 103 for obtaining

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

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

20  and any such expenditure shall not be considered a

21  contribution or expenditure to or on behalf of any such

22  candidates for the purposes of this chapter.

23         Section 5.  Section 106.03, Florida Statutes, is

24  amended to read:

25         106.03  Registration of political committees.--

26         (1)  Each political committee which anticipates

27  receiving contributions or making expenditures during a

28  calendar year in an aggregate amount exceeding $500 or which

29  is seeking the signatures of registered electors in support of

30  an initiative shall file a statement of organization as

31  provided in subsection (4) (3) within 10 days after its

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  organization or, if later, within 10 days after the date on

  2  which it has information which causes the committee to

  3  anticipate that it will receive contributions or make

  4  expenditures in excess of $500.  If a political committee is

  5  organized within 10 days of any election, it shall immediately

  6  file the statement of organization required by this section.

  7         (2)  The statement of organization shall include:

  8         (a)  The name and address of the committee;

  9         (b)  The names, addresses, and relationships of

10  affiliated or connected organizations;

11         (c)  The area, scope, or jurisdiction of the committee;

12         (d)  The name, address, and position, and principal

13  employer of the custodian of books and accounts;

14         (e)  The name, address, and position, and principal

15  employer of each other principal officer officers, including

16  officers and members of the finance committee, if any;

17         (f)  The name, address, office sought, and party

18  affiliation of:

19         1.  Each candidate whom the committee is supporting;

20         2.  Any other individual, if any, whom the committee is

21  supporting for nomination for election, or election, to any

22  public office whatever;

23         (g)  Any issue or issues such organization is

24  supporting or opposing;

25         (h)  If the committee is supporting the entire ticket

26  of any party, a statement to that effect and the name of the

27  party;

28         (i)  A statement of whether the committee is a

29  continuing one;

30         (j)  Plans for the disposition of residual funds which

31  will be made in the event of dissolution;

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1         (k)  A listing of all banks, safe-deposit boxes, or

  2  other depositories used for committee funds; and

  3         (l)  A statement of the reports required to be filed by

  4  the committee with federal officials, if any, and the names,

  5  addresses, and positions of such officials.

  6         (3)(a)  The name of the committee provided in the

  7  statement of organization must include the name of the

  8  corporation, labor union, professional association, political

  9  committee, committee of continuous existence, or other

10  business entity whose officials, employees, agents, or

11  members, directly or indirectly, established or organized the

12  committee, if any.

13         (b)  If the name of the committee provided in the

14  statement of organization does not include the name of a

15  corporation, labor union, professional association, political

16  committee, committee of continuous existence, or other

17  business entity, the name must include the economic or special

18  interest, if identifiable, principally represented by the

19  committee's organizers or intended to be advanced by the

20  committee's receipts.

21         (c)  Any person who knowingly and willfully violates

22  this subsection shall be fined not less than $1,000 and not

23  more than $10,000 for each violation. Any officer, partner,

24  agent, attorney, or other representative of a corporation,

25  labor union, professional association, political committee,

26  committee of continuous existence, or other business entity

27  who aids, abets, advises, or participates in a violation of

28  any provision of this subsection shall be fined not less than

29  $1,000 and not more than $10,000 for each violation.

30         (4)(3)(a)  A political committee which is organized to

31  support or oppose statewide, legislative, or multicounty

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  candidates or issues to be voted upon on a statewide or

  2  multicounty basis shall file a statement of organization with

  3  the Division of Elections.

  4         (b)  Except as provided in paragraph (c), a political

  5  committee which is organized to support or oppose candidates

  6  or issues to be voted on in a countywide election or

  7  candidates or issues in any election held on less than a

  8  countywide basis shall file a statement of organization with

  9  the supervisor of elections of the county in which such

10  election is being held.

11         (c)  A political committee which is organized to

12  support or oppose only candidates for municipal office or

13  issues to be voted on in a municipal election shall file a

14  statement of organization with the officer before whom

15  municipal candidates qualify.

16         (d)  Any political committee which would be required

17  under this subsection to file a statement of organization in

18  two or more locations by reason of the committee's intention

19  to support or oppose candidates or issues at state or

20  multicounty and local levels of government need file only with

21  the Division of Elections.

22         (5)(4)  Any change in information previously submitted

23  in a statement of organization shall be reported to the agency

24  or officer with whom such committee is required to register

25  pursuant to subsection (4) (3), within 10 days following the

26  change.

27         (6)(5)  Any committee which, after having filed one or

28  more statements of organization, disbands or determines it

29  will no longer receive contributions or make expenditures

30  during the calendar year in an aggregate amount exceeding $500

31  

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  shall so notify the agency or officer with whom such committee

  2  is required to file the statement of organization.

  3         (7)(6)  If the filing officer finds that a political

  4  committee has filed its statement of organization consistent

  5  with the requirements of subsections subsection (2) and (3),

  6  it shall notify the committee in writing that it has been

  7  registered as a political committee. If the filing officer

  8  finds that a political committee's statement of organization

  9  does not meet the requirements of subsections subsection (2)

10  and (3), it shall notify the committee of such finding and

11  shall state in writing the reasons for rejection of the

12  statement of organization.

13         (8)(7)  The Division of Elections shall adopt

14  promulgate rules to prescribe the manner in which inactive

15  committees may be dissolved and have their registration

16  canceled. Such rules shall, at a minimum, provide for:

17         (a)  Notice which shall contain the facts and conduct

18  which warrant the intended action, including but not limited

19  to failure to file reports and limited activity.

20         (b)  Adequate opportunity to respond.

21         (c)  Appeal of the decision to the Florida Elections

22  Commission.  Such appeals shall be exempt from the

23  confidentiality provisions of s. 106.25.

24         Section 6.  Section 106.04, Florida Statutes, is

25  amended to read:

26         106.04  Committees of continuous existence.--

27         (1)  In order to qualify as a committee of continuous

28  existence for the purposes of this chapter, a group,

29  organization, association, or other such entity which is

30  involved in making contributions to candidates, political

31  

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  committees, or political parties, shall meet the following

  2  criteria:

  3         (a)  It shall be organized and operated in accordance

  4  with a written charter or set of bylaws which contains

  5  procedures for the election of officers and directors and

  6  which clearly defines membership in the organization; and

  7         (b)  At least 25 percent of the income of such

  8  organization, excluding interest, must be derived from dues or

  9  assessments payable on a regular basis by its membership

10  pursuant to provisions contained in the charter or bylaws.

11         (2)  Any group, organization, association, or other

12  entity may seek certification from the Department of State as

13  a committee of continuous existence by filing an application

14  with the Division of Elections on a form provided by the

15  division. Such application shall provide the information

16  required of political committees by s. 106.03(2) and (3), and

17  any change in such information shall be reported pursuant to

18  s. 106.03(5).  Each application shall be accompanied by the

19  name and street address of the principal officer of the

20  applying entity as of the date of the application; a copy of

21  the charter or bylaws of the organization; a copy of the dues

22  or assessment schedule of the organization, or formula by

23  which dues or assessments are levied; an up-to-date membership

24  list; and a complete financial statement or annual audit

25  summarizing all income received, and all expenses incurred, by

26  the organization during the 12 months preceding the date of

27  application.  The membership list must provide the name and

28  occupation of, and the amount of dues paid by, each member of

29  the organization and shall be updated and submitted with each

30  annual and regular report filed pursuant to subsection (4).  A

31  

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  membership list shall be made available for inspection if

  2  deemed necessary by the division.

  3         (3)  If the Division of Elections finds that an

  4  applying organization meets the criteria for a committee of

  5  continuous existence as provided by subsection (1), it shall

  6  certify such findings and notify the applying organization of

  7  such certification.  If it finds that an applying organization

  8  does not meet the criteria for certification, it shall notify

  9  the organization of such findings and shall state the reasons

10  why such criteria are not met.

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

12  file an annual report with the Division of Elections during

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

14  same information and shall be accompanied by the same

15  materials as original applications filed pursuant to

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

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

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

19  bylaws since the last filing.

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

21  file regular reports with the Division of Elections at the

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

23  established by s. 106.07(1) and (2) for candidates' reports.

24         2.  Any committee of continuous existence failing to so

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

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

27  fine for late filing as provided by this section.

28         (c)  All committees of continuous existence shall file

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

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

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

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

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

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

  4  such duplicate report is required to be filed with the

  5  supervisor.  Reports shall be on forms provided by the

  6  division and shall contain the following information:

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

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

  9  during the reporting period, together with the amounts and

10  dates of such contributions.  For corporations, the report

11  must provide as clear a description as practicable of the

12  principal type of business conducted by the corporation.

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

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

15  listed.  However, for any contributions which represent the

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

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

18  aggregate amount of such contributions need be listed,

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

20  amount of the membership dues.

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

22  committee of continuous existence from which the reporting

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

24  committee, committee of continuous existence, or political

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

26  the amounts and dates of all transfers.

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

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

29  amounts of all such funds.

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

31  candidate to whom the committee has made a contribution during

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

  2  each contribution.

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

  4  to the correctness of each report and shall bear the

  5  responsibility for its accuracy and veracity.  Any treasurer

  6  who willfully certifies to the correctness of a report while

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

  8  commits a misdemeanor of the first degree, punishable as

  9  provided in s. 775.082 or s. 775.083.

10         (5)(a)  No committee of continuous existence shall

11  contribute to any candidate or political committee an amount

12  in excess of the limits contained in s. 106.08(1) or

13  participate in any other activity which is prohibited by this

14  chapter.  If any violation occurs, it shall be punishable as

15  provided in this chapter for the given offense.

16         (b)  No funds of a committee of continuous existence

17  shall be expended on behalf of a candidate, except by means of

18  a contribution made through the duly appointed campaign

19  treasurer of a candidate.  No such committee shall make

20  expenditures in support of, or in opposition to, an issue or

21  an elected public official unless such committee first

22  registers as a political committee pursuant to this chapter

23  and undertakes all the practices and procedures required

24  thereof; provided such committee may make contributions in a

25  total amount not to exceed 25 percent of its aggregate income,

26  as reflected in the annual report filed for the previous year,

27  to one or more political committees registered pursuant to s.

28  106.03 and formed to support or oppose issues.

29         (6)  All accounts and records of a committee of

30  continuous existence may be inspected under reasonable

31  circumstances by any authorized representative of the Division

                                  17

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  of Elections or the Florida Elections Commission.  All records

  2  relating to political activities of a committee of continuous

  3  existence, as specified in subsection (5), are public records

  4  and subject to inspection under s. 119.07.  The right of

  5  inspection may be enforced by appropriate writ issued by any

  6  court of competent jurisdiction.

  7         (7)  If a committee of continuous existence ceases to

  8  meet the criteria prescribed by subsection (1), the Division

  9  of Elections shall revoke its certification until such time as

10  the criteria are again met.  The Division of Elections shall

11  promulgate rules to prescribe the manner in which such

12  certification shall be revoked.  Such rules shall, at a

13  minimum, provide for:

14         (a)  Notice, which shall contain the facts and conduct

15  that warrant the intended action.

16         (b)  Adequate opportunity to respond.

17         (c)  Appeal of the decision to the Florida Elections

18  Commission.  Such appeals shall be exempt from the

19  confidentiality provisions of s. 106.25.

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

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

22  to a fine of.  The fine shall be $500 per day for each late

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

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

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

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

27  Elections Commission Trust Fund.  No separate fine shall be

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

29  this section.

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

31  officer shall immediately notify the treasurer of the

                                  18

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

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

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

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

  5  of the committee. The filing officer shall determine the

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

  7  following:

  8         1.  When the report is actually received by such

  9  officer.

10         2.  When the report is postmarked.

11         3.  When the certificate of mailing is dated.

12         4.  When the receipt from an established courier

13  company is dated.

14  

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

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

17  made to the Florida Elections Commission pursuant to paragraph

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

19  personally liable for such fine.

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

21  the fine, based upon unusual circumstances surrounding the

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

23  and shall be entitled to a hearing before the Florida

24  Elections Commission, which shall have the authority to waive

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

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

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

28  20-day period, notify the filing officer in writing of his or

29  her intention to bring the matter before the commission.

30         (d)  The filing officer shall notify the Florida

31  Elections Commission of the repeated late filing by a

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  committee of continuous existence, the failure of a committee

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

  3  failure to pay the fine imposed.

  4         Section 7.  Any political committee or committee of

  5  continuous existence organized before January 1, 2002, shall

  6  have until April 1, 2002, to amend its name, if necessary, to

  7  comply with the requirements of subsection (3) of section

  8  106.03, Florida Statutes, as created by this act, or

  9  subsection (2) of section 106.04, Florida Statutes, as amended

10  by this act, as applicable.

11         Section 8.  Subsection (3) of section 106.07, Florida

12  Statutes, is amended to read:

13         106.07  Reports; certification and filing.--

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

15  filed with the agency or officer before whom such committee

16  registers pursuant to s. 106.03(4)(3) and shall be subject to

17  the same filing conditions as established for candidates'

18  reports.  Only committees that file with the Department of

19  State shall file the original and one copy of their reports.

20  Incomplete reports by political committees shall be treated in

21  the manner provided for incomplete reports by candidates in

22  subsection (2).

23         Section 9.  Section 106.08, Florida Statutes, is

24  amended to read:

25         106.08  Contributions; limitations on.--

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

27  political committee, or committee of continuous existence may,

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

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

30  political committee supporting or opposing one or more

31  candidates. Candidates for the offices of Governor and

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  Lieutenant Governor on the same ticket are considered a single

  2  candidate for the purpose of this section.

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

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

  5  county executive committee of a political party regulated by

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

  7  her own campaign.

  8         2.  Notwithstanding the limits provided in this

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

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

11  candidate or to any political committee supporting one or more

12  candidates.

13         (c)  The contribution limits of this subsection apply

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

15  primary, second primary, and general election are separate

16  elections so long as the candidate is not an unopposed

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

18  purpose of contribution limits with respect to candidates for

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

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

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

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

23  elections, which are the first primary election and general

24  election.

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

26  continuous existence may not make contributions to the state

27  and county executive committees of a political party,

28  including any subordinate committee of a state or county

29  executive committee of a political party, which contributions,

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

31  calendar year exceed $5,000.

                                  21

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1         (3)(2)(a)  A candidate may not accept contributions

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

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

  4  county executive committees of a political party, including

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

  6  executive committee of a political party, which contributions,

  7  including in-kind contributions, in the aggregate exceed

  8  $50,000, no more than $25,000 of which may be accepted prior

  9  to the 28-day period immediately preceding the date of the

10  general election.

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

12  campaign staff, professional consulting services, and

13  telephone calls are not contributions to be counted toward the

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

15  identified in this paragraph as nonallocable is a contribution

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

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

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

19  must be reported by the candidate under s. 106.07 and by the

20  political party under s. 106.29.

21         (4)(3)(a)  Any contribution received by a candidate

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

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

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

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

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

27  or on behalf of the candidate.

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

29  contribution received by a candidate or by the campaign

30  treasurer or a deputy campaign treasurer of a candidate after

31  the date at which the candidate withdraws his or her

                                  22

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

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

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

  4  expended by or on behalf of the candidate.

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

  6  which an independent or minor party candidate has filed as

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

  8  is pending a determination by the Department of State or

  9  supervisor of elections as to whether or not the required

10  number of petition signatures was obtained:

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

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

13  all other candidates for that office of that determination.

14         2.  Any contribution received by a candidate or the

15  campaign treasurer or deputy campaign treasurer of a candidate

16  after the candidate has been notified in writing by the

17  department or supervisor that he or she has become unopposed

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

19  to obtain the required number of petition signatures shall be

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

21  continuous existence contributing it and shall not be used or

22  expended by or on behalf of the candidate.

23         (5)(4)  Any contribution received by the chair,

24  campaign treasurer, or deputy campaign treasurer of a

25  political committee supporting or opposing a candidate with

26  opposition in an election or supporting or opposing an issue

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

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

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

30  the election.

31  

                                  23

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1         (6)(5)  A person may not make any contribution through

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

  3  election.  Candidates, political committees, and political

  4  parties may not solicit contributions from or make

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

  6  causes or organizations established primarily for the public

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

  8  candidate, political committee, or political party executive

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

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

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

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

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

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

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

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

17  charitable groups.

18         (7)(6)  A political party may not accept any

19  contribution which has been specifically designated for the

20  partial or exclusive use of a particular candidate.  Any

21  contribution so designated must be returned to the contributor

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

23  candidate.

24         (8)(7)(a)  Any person who knowingly and willfully makes

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

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

27  knowingly and willfully fails or refuses to return any

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

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

30  775.082 or s. 775.083.  If any corporation, partnership, or

31  other business entity or any political party, political

                                  24

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  committee, or committee of continuous existence is convicted

  2  of knowingly and willfully violating any provision punishable

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

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

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

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

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

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

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

10  political party, political committee, or committee of

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

12  in a violation of any provision punishable under this

13  paragraph commits a misdemeanor of the first degree,

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

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

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

17  subsection (2), or subsection (6), or any combination thereof,

18  (5) commits a felony of the third degree, punishable as

19  provided in s. 775.082, s. 775.083, or s. 775.084.  If any

20  corporation, partnership, or other business entity or any

21  political party, political committee, or committee of

22  continuous existence is convicted of knowingly and willfully

23  violating any provision punishable under this paragraph, it

24  shall be fined not less than $10,000 and not more than

25  $50,000.  If it is a domestic entity, it may be ordered

26  dissolved by a court of competent jurisdiction; if it is a

27  foreign or nonresident business entity, its right to do

28  business in this state may be forfeited.  Any officer,

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

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

31  political committee, committee of continuous existence, or

                                  25

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

  2  violation of any provision punishable under this paragraph

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

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

  5         (9)(8)  Except when otherwise provided in subsection

  6  (8) (7), any person who knowingly and willfully violates any

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

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

  9  equal to twice the amount contributed in violation of this

10  chapter.  Each campaign treasurer shall pay all amounts

11  contributed in violation of this section to the state for

12  deposit in the General Revenue Fund.

13         (10)(9)  This section does not apply to the transfer of

14  funds between a primary campaign depository and a savings

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

16  such account or certificate.

17         Section 10.  For the purpose of incorporating the

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

19  thereto, paragraph (a) of subsection (1) of section 106.19,

20  Florida Statutes, is reenacted to read:

21         106.19  Violations by candidates, persons connected

22  with campaigns, and political committees.--

23         (1)  Any candidate; campaign manager, campaign

24  treasurer, or deputy treasurer of any candidate; committee

25  chair, vice chair, campaign treasurer, deputy treasurer, or

26  other officer of any political committee; agent or person

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

28  other person who knowingly and willfully:

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

30  prescribed by s. 106.08;

31  

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

  2  provided in s. 775.082 or  s. 775.083.

  3         Section 11.  Section 106.087, Florida Statutes, is

  4  amended to read:

  5         106.087  Independent expenditures; contribution limits;

  6  restrictions on political parties, political committees, and

  7  committees of continuous existence.--

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

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

10  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

11  treasurer of a state or county executive committee shall take

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

13  qualifying period for state candidates and prior to

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

15  affirmation shall be filed with the Secretary of State and

16  shall be substantially in the following form:

17  

18  State of Florida

19  County of....

20         Before me, an officer authorized to administer oaths,

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

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

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

24  executive committee; that the executive committee has not

25  made, either directly or indirectly, an independent

26  expenditure in support of or opposition to a candidate or

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

28  executive committee will not make, either directly or

29  indirectly, an independent expenditure in support of or

30  opposition to a candidate or elected public official, through

31  and including the upcoming general election; and that the

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  executive committee will not violate the contribution limits

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

  3  Statutes.

  4                          ...(Signature of committee officer)...

  5                                                 ...(Address)...

  6  

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

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

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

10  

11         (2)(b)  Any executive committee found to have violated

12  the provisions of the oath or affirmation in this section

13  prior to receiving funds shall be ineligible to receive the

14  rebate for that general election year.

15         (3)(c)  Any executive committee found to have violated

16  the provisions of the oath or affirmation in this section

17  after receiving funds shall be ineligible to receive the

18  rebate from candidates qualifying for the following general

19  election cycle.

20         (4)(d)  Any funds not distributed to the state or

21  county executive committee pursuant to this section shall be

22  deposited into the General Revenue Fund of the state.

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

24  continuous existence that accepts the use of public funds,

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

26  its members agrees not to make independent expenditures in

27  support of or opposition to a candidate or elected public

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

29  purpose of jointly endorsing three or more candidates.

30         (b)  Any political committee or committee of continuous

31  existence that violates this subsection is liable for a civil

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  fine of up to $5,000 to be determined by the Florida Elections

  2  Commission or the entire amount of the expenditures, whichever

  3  is greater.

  4         Section 12.  Subsection (6) of section 106.29, Florida

  5  Statutes, is amended to read:

  6         106.29  Reports by political parties; restrictions on

  7  contributions and expenditures; penalties.--

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

  9  committees of a political party, including any subordinate

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

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

12  amount in excess of the limits contained in s. 106.08(3)(2),

13  and all contributions required to be reported under s.

14  106.08(2) by the national executive committee of a political

15  party shall be reported by the state executive committee of

16  that political party.

17         (b)  A violation of the contribution limits contained

18  in s. 106.08(3)(2) is a misdemeanor of the first degree,

19  punishable as provided in s. 775.082 or s. 775.083. A civil

20  penalty equal to three times the amount in excess of the

21  limits contained in s. 106.08(3)(2) shall be assessed against

22  any executive committee found in violation thereof.

23         Section 13.  Section 106.291, Florida Statutes, is

24  created to read:

25         106.291  Additional reports required of political

26  parties for certain contributions received during legislative

27  sessions; posting of reports on Internet.--In addition to all

28  other reporting requirements under this chapter, a state or

29  county executive committee, including any subordinate

30  committee of a state or county executive committee of a

31  political party, shall submit a report to the division of any

                                  29

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




  1  contribution of $1,000 or more which is received during any

  2  regular, extended, or special session of the Legislature.

  3  Such report shall be submitted on the day after the day of

  4  receipt of such contribution; however, such contributions

  5  received on a Friday, Saturday, or Sunday may be reported the

  6  immediately following Monday.  Such reports must include the

  7  name of each contributor and the amount of the contribution.

  8  On the day after receipt of such a report, the division shall

  9  post it on the Internet.  The division shall provide for

10  multiple methods for submitting such reports and may not limit

11  submission to e-mail.  Upon determining that a report is late,

12  the division shall immediately notify the chair of the

13  executive committee as to the failure to file a report by the

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

15  late day.  The fine shall be $50 per day for each late day,

16  not to exceed 25 percent of the total receipts, whichever is

17  greater, for the period covered by the late report.

18         Section 14.  If any provision of this act or the

19  application thereof to any person or circumstance is held

20  invalid, the invalidity shall not affect other provisions or

21  applications of the act which can be given effect without the

22  invalid provision or application, and to this end the

23  provisions of this act are declared severable.

24         Section 15.  Except as otherwise expressly provided in

25  this act, this act shall take effect January 1, 2002.

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2001                                  SB 1302
    3-974-01                                            See HB 439




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

  2                       LEGISLATIVE SUMMARY

  3    Creates the "Marjorie Turnbull Campaign Finance Reform
      Act." Revises definitions of the terms "political
  4    committee," "contribution," "expenditure," and "political
      advertisement." Eliminates a provision that authorizes
  5    the unrestricted expenditure of funds for the purpose of
      jointly endorsing three or more candidates. Provides
  6    additional requirements for registration of political
      committees and certification of committees of continuous
  7    existence, which relate to the principal employer of
      certain officials and to the committee name. Requires
  8    committees of continuous existence to update certain
      certification information.  Requires an up-to-date
  9    membership list with the application for certification
      and with each annual and regular report and specifies the
10    information membership lists must provide.  Requires
      membership dues to be reported in the same manner as
11    regular contributions.  Prohibits committees of
      continuous existence from making expenditures in support
12    of or opposition to an elected public official without
      registering as a political committee.  Provides that
13    records of a committee of continuous existence relating
      to political activities are public records.  Revises the
14    fine for late filing of reports by committees of
      continuous existence. Provides limits on contributions to
15    a political party. Revises a provision relating to
      restrictions on contributions to a candidate by a
16    political party. Eliminates a provision that prohibits
      certain political committees and committees of continuous
17    existence from making independent expenditures in support
      of or opposition to a candidate or elected public
18    official. Requires subordinate and executive committees
      of a political party to adhere to contribution limits for
19    political parties. Requires state and county executive
      committees, including subordinate committees thereof, to
20    report to the Division of Elections certain contributions
      received while the Legislature is in regular, extended,
21    or special session. Provides for the posting of such
      reports on the Internet. Provides reporting requirements
22    and a fine for late filing. (See bill for details.)

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  31

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