House Bill hb1525

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    Florida House of Representatives - 2001                HB 1525

        By Representative Slosberg






  1                      A bill to be entitled

  2         An act relating to campaign financing; creating

  3         ss. 106.401-106.425, F.S., to establish the

  4         "Florida Clean Elections Act"; providing a

  5         short title; providing findings and

  6         declarations; defining terms; providing

  7         eligibility requirements for clean money

  8         campaign funding for candidates for statewide

  9         or legislative office; providing transitional

10         requirements for the current election cycle;

11         providing a continuing obligation to comply;

12         providing limitations on contributions and

13         expenditures; providing limitations on the use

14         of personal funds; providing for seed money

15         contributions; providing for participation in

16         debates; providing for certification of

17         eligibility; specifying benefits for

18         participating candidates; providing for the

19         amounts and payment schedule of clean money

20         funding; providing limitations on the

21         expenditure of clean money funds; providing for

22         disclosure of excess spending by

23         nonparticipating candidates; providing for

24         disclosure of and additional clean money to

25         respond to independent expenditures; providing

26         for disclosure of and additional clean money to

27         respond to issue advertisements; directing the

28         Secretary of State to create a nonpartisan

29         Voter Information Commission and providing its

30         duties; requiring publicly funded television

31         and radio stations to provide free coverage of

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  1         debates for specified elections; providing

  2         limitations on mailing privileges of certain

  3         public officials; providing revenue sources for

  4         the Clean Money Trust Fund; providing for the

  5         administration and dispersal of clean money

  6         funds; providing limits on political party

  7         contributions and expenditures; amending s.

  8         106.011, F.S.; redefining the term "political

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

10         eliminating authorization for unrestricted

11         expenditures by political committees and

12         political parties to jointly endorse three or

13         more candidates; amending s. 106.08, F.S.;

14         providing limits on contributions to political

15         parties; revising limits on contributions to

16         candidates by political parties; providing

17         penalties; amending s. 106.087, F.S.;

18         eliminating a restriction on independent

19         expenditures by certain political committees

20         and committees of continuous existence;

21         conforming a cross reference; reenacting s.

22         106.19(1) and (3), F.S., relating to penalties,

23         to incorporate the amendments to ss. 106.08 and

24         106.265, F.S., in references thereto; amending

25         s. 106.29, F.S; revising reporting requirements

26         of political parties; conforming cross

27         references; repealing ss. 106.30-106.36, F.S.,

28         the "Florida Election Campaign Financing Act,"

29         to conform; amending ss. 102.112, 106.07,

30         106.141, 106.22, 106.265, 199.052, 320.02,

31         322.08, 328.72, and 607.1622, F.S.; revising

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  1         references and providing for deposit of various

  2         fines, surplus funds, and voluntary

  3         contributions in the Clean Money Trust Fund, to

  4         conform; providing for a surcharge on civil

  5         penalties to be deposited into the trust fund

  6         and for deposit of the surcharge funds into the

  7         trust fund; reenacting ss. 106.143(8) and

  8         106.144(2), F.S., relating to the circulation

  9         of political advertisements and endorsements or

10         opposition by certain groups and organizations,

11         to incorporate the amendment to s. 106.265,

12         F.S., in references thereto; providing

13         severability; providing a contingent effective

14         date.

15  

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

17  

18         Section 1.  Sections 106.401 through 106.425, Florida

19  Statutes, are created to read:

20         106.401  Short title.--Sections 106.401-106.426 may be

21  cited as the "Florida Clean Elections Act."

22         106.402  Findings and declarations.--

23         (1)  The Legislature finds and declares that the

24  current system of privately financed campaigns for election to

25  statewide and legislative offices undermines democracy in this

26  state in the following principal ways:

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

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

29  vote by allowing large contributions to have a deleterious

30  influence on the political process.

31  

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

  2  and meaningful participation in the democratic process.

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

  4  voters and candidates whose voices are drowned out by those

  5  who can afford to monopolize the arena of paid political

  6  communications.

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

  8  and candidates to be heard in the political process, the First

  9  Amendment right of voters to hear all candidates' speech, and

10  the core First Amendment value of open and robust debate in

11  the political process.

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

13  undermines public confidence in the democratic process and

14  democratic institutions.

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

16  making it difficult for qualified candidates without access to

17  wealthy contributors or personal fortunes to mount competitive

18  campaigns.

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

20  wealthy contributors tend to give their money to incumbents,

21  thus causing elections to be less competitive.

22         (h)  It inhibits communication with the electorate by

23  candidates without access to large sums of campaign money.

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

25  fundraising and thus decreases the time available to fully

26  present their candidacies and ideas to the public.

27         (2)  The Legislature finds and declares that providing

28  a voluntary clean money campaign finance system for all

29  primary and general elections would enhance democracy in the

30  state in the following principal ways:

31  

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  1         (a)  It would help eliminate the deleterious influence

  2  of large contributions on the political process, remove access

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

  4  within the political process, and restore meaning to the

  5  principle of "one person, one vote."

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

  7  to equal and meaningful participation in the democratic

  8  process.

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

10  nonwealthy candidates and voters by providing candidates with

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

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

13  voters and candidates to be heard in the political process,

14  the First Amendment right of voters to hear all candidates'

15  speech, and the core First Amendment value of open and robust

16  debate in the political process.

17         (e)  It would diminish the public perception of

18  corruption and strengthen public confidence in the democratic

19  process and democratic institutions.

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

21  elections.

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

23  incumbents and challengers, create genuine opportunities for

24  qualified residents of this state to run for statewide or

25  legislative office, and encourage more competitive elections.

26         (h)  It would facilitate communication with the

27  electorate by candidates, regardless of their access to large

28  sums of campaign money.

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

30  of raising money and allow them more time to fully present

31  their candidacies and ideas to the public.

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  1         (3)  The Legislature further finds and declares that

  2  the unique factual circumstances in this state require that

  3  ss. 106.401-106.426 be enacted to promote the compelling state

  4  interests listed in subsection (2).  The provisions of ss.

  5  106.401-106.426 are designed to create a rough proportionality

  6  between the benefits and restrictions that apply to

  7  participating candidates.  However, it should be clear that

  8  the provisions of ss. 106.401-106.426 are not entirely

  9  neutral.  Participating candidates are deliberately favored to

10  further the compelling state interest of encouraging

11  participation in the public financing program.

12         106.403  Definitions.--As used in ss. 106.401-106.426,

13  except where the context clearly indicates otherwise, the

14  term:

15         (1)  "Allowable contribution" means a qualifying

16  contribution or a seed money contribution.

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

18  during which candidates for statewide or legislative office

19  are permitted to collect qualifying contributions in order to

20  qualify for clean money funding.  For legislative races, it

21  begins on the 60th day before the beginning of the first

22  primary election campaign period and ends on the 30th day

23  before the day of the first primary election.  For

24  gubernatorial and other statewide races, it begins on the

25  120th day before the beginning of the first primary election

26  campaign period and ends on the 30th day before the day of the

27  first primary election.

28         (3)  "Commission" means the Florida Elections

29  Commission.

30         (4)  "Department" means the Department of State.

31  

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  1         (5)  "Division" means the Division of Elections of the

  2  Department of State.

  3         (6)  "Excess expenditure amount" means the amount of

  4  money spent or obligated to be spent by a nonparticipating

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

  6  participating candidate running for the same office.

  7         (7)  "First primary election campaign period" means the

  8  period beginning on the 60th day before the first primary

  9  election and ending on the day of the first primary election.

10         (8)  "General election campaign period" means the

11  period beginning the day after the first or second primary

12  election, whichever is the last primary election at which the

13  office sought is contested, and ending on the day of the

14  general election.

15         (9)  "Immediate family" means the candidate's spouse,

16  parents, and children.

17         (10)  "Independent candidate" means a candidate for

18  statewide or legislative office who does not represent a

19  political party that has been granted ballot status and holds

20  a primary election to choose its nominee for the general

21  election.

22         (11)  "Mass mailing" means any mailing of 200 or more

23  identical or substantively identical pieces of mail sent by a

24  candidate for statewide or legislative office or an elected

25  official holding a statewide or legislative office to the

26  voters, residents, or postal box-holders within the

27  territorial jurisdiction of the office sought by such

28  candidate or held by such official.  Such mailings, consisting

29  of substantively identical letters, newsletters, pamphlets,

30  brochures, or other written material, are distinct from

31  mailings made in direct response to communications from

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

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

  3  releases to the communications media, all of which are exempt

  4  from this definition.

  5         (12)  "Nonparticipating candidate" means a candidate

  6  for statewide or legislative office who is on the ballot but

  7  has chosen not to apply for clean money campaign funding or a

  8  candidate for statewide or legislative office who is on the

  9  ballot and has applied but has not satisfied the requirements

10  for receiving clean money funding.

11         (13)  "Participating candidate" means a candidate for

12  statewide or legislative office who qualifies for clean money

13  campaign funding.  Such candidates are eligible to receive

14  clean money funding during primary and general election

15  campaign periods.

16         (14)  "Party candidate" means a candidate for statewide

17  or legislative office who represents a political party that

18  has been granted ballot status and holds a primary election to

19  choose its nominee for the general election.

20         (15)  "Qualifying contribution" means a contribution of

21  $5 that is received during the applicable clean money

22  qualifying period by a candidate seeking to become eligible

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

24  written receipt identifying the contributor.  Contributors

25  must be registered voters who reside within the territorial

26  jurisdiction of the office and who are therefore eligible to

27  vote for that candidate.  Qualifying contributions must be

28  made in cash or by check or money order; must be accompanied

29  by a receipt fully identifying the contributor which includes

30  a signed statement indicating that he or she fully understands

31  the purpose of the contribution and that the contribution is

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  1  made without coercion or reimbursement; and must be turned

  2  over to the division for deposit in the Clean Money Trust

  3  Fund.  Qualifying contributions must be gathered by the

  4  candidates themselves or by volunteers who receive no

  5  compensation.

  6         (16)  "Second primary election campaign period" means

  7  the period beginning the day after the first primary election

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

  9         (17)  "Seed money contribution" means a contribution of

10  no more than $100 in the aggregate from any one source during

11  the seed money period.  The term does not include payments by

12  a membership organization for the costs of communications to

13  its members, payments by a membership organization for the

14  purpose of facilitating the making of qualifying

15  contributions, and volunteer activity, including the payment

16  of incidental expenses by volunteers.

17         (18)  "Seed money period" means the period beginning

18  the day following the previous general election for the office

19  sought and ending on the last day of the clean money

20  qualifying period.  This is the exploratory period during

21  which candidates who wish to become eligible for clean money

22  funding for the next elections are permitted to raise and

23  spend a limited amount of private seed money, in contributions

24  of up to $100 per individual, for the purpose of testing the

25  waters and fulfilling the clean money eligibility

26  requirements.

27         (19)  "Statewide office" means the office of Governor

28  or Cabinet member.  The office of Governor includes the office

29  of Lieutenant Governor as a single joint candidacy in

30  accordance with s. 99.063.

31  

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  1         106.404  Eligibility for clean money campaign funding

  2  for party candidates.--

  3         (1)  A party candidate qualifies as a participating

  4  candidate for the first and second primary election campaign

  5  periods if the candidate:

  6         (a)  Files a declaration with the division that he or

  7  she has complied and will continue to comply with the

  8  requirements of ss. 106.401-106.426, especially the

  9  requirement that during the seed money period and the clean

10  money qualifying period the candidate not accept or spend

11  private contributions from any source other than seed money

12  contributions and qualifying contributions unless the

13  provisions of s. 106.406 apply; and

14         (b)  Meets the following qualifying contribution

15  requirements before the close of the clean money qualifying

16  period:

17         1.  A party candidate must collect at least the

18  following number of qualifying contributions:

19         a.  For a candidate running for the office of state

20  representative, 500.

21         b.  For a candidate running for the office of state

22  senator, 1,500.

23         c.  For a candidate running for Cabinet office, 15,000.

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

25  20,000.

26         2.  Each qualifying contribution must be:

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

28  copy to be kept by the candidate and a copy to be submitted to

29  the division.  The receipt shall indicate, by the

30  contributor's signature, that the contributor understands that

31  the purpose of the contribution is to help the candidate

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  1  qualify for clean money campaign funding and that he or she is

  2  currently registered to vote in the territorial jurisdiction

  3  of the office sought by the candidate.  The receipt must

  4  include the contributor's signature, printed name, home

  5  address, and telephone number and the name of the candidate on

  6  whose behalf the contribution is made.

  7         b.  Submitted, with the copy of the signed and

  8  completed receipt, to the division according to the schedule

  9  and procedure determined by the division.  A contribution

10  submitted as a qualifying contribution that does not include

11  the copy of the signed and completed receipt may not be

12  counted as a qualifying contribution.

13         (2)  A party candidate qualifies as a participating

14  candidate for the general election campaign period if:

15         (a)  He or she has met all of the applicable

16  requirements of ss. 106.401-106.426 and filed a declaration

17  with the division that he or she has fulfilled and will

18  continue to fulfill the requirements of a participating

19  candidate as stated in ss. 106.401-106.426; and

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

21  second primary election campaign periods, he or she received

22  the highest number of votes of the candidates contesting the

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

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

25         106.405  Eligibility for clean money campaign funding

26  for independent candidates.--

27         (1)  An independent candidate qualifies as a

28  participating candidate for the first and second primary

29  election campaign periods if the candidate:

30         (a)  Files a declaration with the division that he or

31  she has complied and will continue to comply with the

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  1  requirements of ss. 106.401-106.426, especially the

  2  requirement that during the seed money period and the clean

  3  money qualifying period the candidate not accept or spend

  4  private contributions from any source other than seed money

  5  contributions and qualifying contributions unless the

  6  provisions of s. 106.406 apply; and

  7         (b)  Meets the following qualifying contribution

  8  requirements before the close of the clean money qualifying

  9  period:

10         1.  An independent candidate must collect the same

11  number of qualifying contributions as a party candidate must

12  collect for the same office as provided in s. 106.404.

13         2.  Each qualifying contribution must be:

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

15  a copy to be kept by the candidate and a copy to be submitted

16  to the division.  The receipt must indicate, by the

17  contributor's signature, that the contributor understands that

18  the purpose of the contribution is to help the candidate

19  qualify for clean money campaign funding and that he or she is

20  currently registered to vote in the territorial jurisdiction

21  of the office sought by the candidate.  The receipt must

22  include the contributor's signature, printed name, home

23  address, and telephone number and the name of the candidate on

24  whose behalf the contribution is made.

25         b.  Submitted, with the copy of the signed and

26  completed receipt, to the division according to the schedule

27  and procedure determined by the division.  A contribution

28  submitted as a qualifying contribution that does not include

29  the copy of the signed and completed receipt may not be

30  counted as a qualifying contribution.

31  

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  1         (2)  An independent candidate qualifies as a

  2  participating candidate for the general election campaign

  3  period if:

  4         (a)  Before the first and second primary election, he

  5  or she has met all of the applicable requirements of ss.

  6  106.401-106.426 and filed a declaration with the division that

  7  he or she has fulfilled and will continue to fulfill the

  8  requirements of a participating candidate as stated in ss.

  9  106.401-106.426; and

10         (b)  During the first and second primary election

11  campaign periods, he or she has fulfilled all of the

12  requirements of a participating candidate as stated in ss.

13  106.401-106.426.

14         106.406  Transitional requirements for current election

15  cycle.--During the election cycle in effect on July 1, 2001, a

16  candidate may be certified as a participating candidate,

17  notwithstanding the acceptance of contributions or the making

18  of expenditures from private funds before July 1, 2001, which

19  would otherwise disqualify the candidate as a participating

20  candidate, if all private funds accepted but not expended

21  before July 1, 2001, are either returned to the contributors

22  or submitted to the division for deposit in the Clean Money

23  Trust Fund.

24         106.407  Continuing obligation to comply.--A

25  participating candidate who accepts any benefits during the

26  first and second primary election campaign periods must comply

27  with all requirements of ss. 106.401-106.426 through the

28  general election campaign period whether or not he or she

29  continues to accept benefits, unless the candidate either

30  loses in one of the primary elections or withdraws his or her

31  candidacy and subsequently is selected as a candidate for

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  1  Lieutenant Governor with a nonparticipating candidate for

  2  Governor.

  3         106.408  Contributions and expenditures; limitations

  4  and reporting.--

  5         (1)  During the primary and general election campaign

  6  periods, a participating candidate who has voluntarily agreed

  7  to participate in and has become eligible for clean money

  8  benefits may not accept private contributions from any source

  9  other than the candidate's political party.

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

11  of another person.  A participating candidate who receives a

12  qualifying contribution or seed money contribution that is not

13  from the person listed on the receipt required by s.

14  106.404(1)(b)2., s. 106.405(1)(b)2., or s. 106.410(3) shall be

15  liable to pay the commission the entire amount of the illegal

16  contribution, in addition to any other penalties prescribed by

17  this chapter.

18         (3)  During the primary and general election campaign

19  periods, a participating candidate must pay for all of his or

20  her campaign expenditures, except petty cash expenditures, by

21  means of the clean money debit card, as specified in s.

22  106.424.

23         (4)  Eligible candidates shall furnish complete

24  campaign records, including all records of seed money

25  contributions and qualifying contributions, to the division at

26  regular filing times or on request by the division.

27  Candidates must cooperate with any audit or examination by the

28  division or the commission.

29         106.409  Use of personal funds.--

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

31  candidate seeking to become eligible as a participating

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

  2  may not exceed the maximum of $100 in the aggregate per

  3  contributor.

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

  5  qualifying contribution requirement except for one qualifying

  6  contribution from the candidate and one qualifying

  7  contribution from the candidate's spouse, provided the

  8  candidate and his or her spouse are registered voters of the

  9  territorial jurisdiction of the office sought by the

10  candidate.

11         106.410  Seed money contributions.--

12         (1)  The only private contributions a candidate seeking

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

14  than qualifying contributions, are seed money contributions

15  contributed before the end of the clean money qualifying

16  period.

17         (2)  A seed money contribution may not exceed $100 in

18  the aggregate from any one source and the aggregate amount of

19  seed money contributions from all sources accepted by a

20  candidate seeking to become eligible for clean money funding

21  may not exceed:

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

23  representative, $10,000.

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

25  senator, $30,000.

26         (c)  For a candidate running for Cabinet office,

27  $200,000.

28         (d)  For a candidate running for the office of

29  Governor, $500,000.

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

31  must include the contributor's signature, printed name, and

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  1  address.  Receipts for seed money contributions of $25 or more

  2  must include the contributor's signature, printed name, street

  3  address and zip code, telephone number, occupation, and name

  4  of employer.  Contributions may not be accepted if the

  5  required disclosure information is not provided.

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

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

  8  the primary or general election campaign periods.

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

10  qualifying period, each candidate seeking to become eligible

11  for clean money funding must fully disclose all seed money

12  contributions and expenditures to the division and turn over

13  to the division for deposit in the Clean Money Trust Fund any

14  seed money raised during the applicable seed money period that

15  exceeds the aggregate seed money limit.

16         106.411  Participation in debates.--

17         (1)  Participating candidates shall participate in one

18  1-hour debate during a contested first primary election, one

19  1-hour debate during a contested second primary election, and

20  two 1-hour debates during a contested general election when

21  public debate opportunities are available.

22         (2)  Licensed broadcasters receiving state funding or

23  providing publicly authorized cable services are required to

24  publicly broadcast one such debate, when practicable, for

25  gubernatorial and other statewide races.

26         (3)  Nonparticipating candidates for the same offices

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

28  the debates.

29         106.412  Certification of eligibility.--

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

31  clean money benefits, the division shall certify or fail to

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  1  certify the candidate as eligible.  Eligibility may be revoked

  2  if the candidate violates any of the requirements of ss.

  3  106.401-106.426; in which case, all clean money funds received

  4  by the candidate must be repaid.

  5         (2)  The candidate's request for eligibility

  6  certification shall be signed by the candidate and his or her

  7  campaign treasurer under penalty of perjury.

  8         (3)  The division's determination is final, except that

  9  it is subject to examination and audit by an outside agency

10  and to a prompt, expedited judicial review.

11         106.413  Benefits provided to candidates eligible to

12  receive clean money.--

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

14  primary and general elections shall:

15         (a)  Receive clean money funding from the division for

16  each election in the amounts specified in s. 106.415.  This

17  funding may be used to finance any and all campaign expenses

18  during the particular campaign period for which it was

19  allocated.

20         (b)  Receive media benefits and mailing privileges as

21  provided in ss. 106.401-106.426, including up to $5,000 each

22  election for broadcasting expenses for qualified political

23  advertisements which are determined under s. 106.420 as

24  meeting the standards of "Truth in Campaigning" established by

25  the Voter Information Commission and the division.

26         (c)  Receive additional clean money funding to match

27  any excess expenditure amount spent by nonparticipating

28  candidates, as specified in s. 106.417.

29         (d)  Receive additional clean money funding to match

30  any independent expenditure made in opposition to their

31  

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

  2  specified in s. 106.418.

  3         (e)  Receive additional clean money funding to match

  4  any issue advertisement made in opposition to their

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

  6  specified in s. 106.419.

  7         (2)  The maximum aggregate amount of additional funding

  8  a participating candidate may receive to match independent

  9  expenditures, issue advertisements, and the excess

10  expenditures of nonparticipating candidates is 300 percent of

11  the full amount of clean money funding allocated to the

12  candidate for a particular primary or general election

13  campaign period.

14         106.414  Schedule of clean money payments.--

15         (1)(a)  An eligible party candidate shall receive his

16  or her clean money funding for the first or second primary

17  election campaign period on the date on which the division

18  certifies the candidate as a participating candidate.  This

19  certification shall take place no later than 5 days after the

20  candidate has submitted the required number of qualifying

21  contributions and a declaration stating that he or she has

22  complied with all other requirements for eligibility as a

23  participating candidate, but no earlier than the beginning of

24  the first or second primary election campaign period.

25         (b)  An eligible party candidate shall receive his or

26  her clean money funding for the general election campaign

27  period within 48 hours after certification of the applicable

28  primary election results.

29         (2)(a)  An eligible independent candidate shall receive

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

31  election campaign period on the date on which the division

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  1  certifies the candidate as a participating candidate.  This

  2  certification shall take place no later than 5 days after the

  3  candidate has submitted the required number of qualifying

  4  contributions and a declaration stating that he or she has

  5  complied with all other requirements for eligibility as a

  6  participating candidate, but no earlier than the beginning of

  7  the first or second primary election campaign period.

  8         (b)  An eligible independent candidate shall receive

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

10  period within 48 hours after certification of the applicable

11  primary election results.

12         106.415  Determination of clean money amounts.--

13         (1)(a)  The amount of clean money funding for an

14  eligible party candidate in a contested first primary election

15  is:

16         1.  For a candidate running for the office of state

17  representative, $45,000.

18         2.  For a candidate running for the office of state

19  senator, $135,000.

20         3.  For a candidate running for Cabinet office,

21  $700,000.

22         4.  For a candidate running for the office of Governor,

23  $2 million.

24         (b)  The clean money amount for an eligible party

25  candidate in an uncontested first primary election is 10

26  percent of the amount provided in a contested first primary

27  election.

28         (c)  The clean money amount for an eligible party

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

30  amount authorized for that candidate for the first primary

31  election.

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

  2  party candidate in a contested general election is:

  3         1.  For a candidate running for the office of state

  4  representative, $60,000.

  5         2.  For a candidate running for the office of state

  6  senator, $180,000.

  7         3.  For a candidate running for Cabinet office, $1

  8  million.

  9         4.  For a candidate running for the office of Governor,

10  $5 million.

11         (2)(a)  The clean money amount for an eligible

12  independent candidate in a primary election is 10 percent of

13  the amount received by a party candidate in a contested

14  primary election.

15         (b)  The clean money amount for an eligible independent

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

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

18         (3)  After the first cycle of elections subject to ss.

19  106.401-106.426, the division shall adjust the clean money

20  amounts authorized under this section based on the rate of

21  inflation or the cost-of-living index.

22         106.416  Expenditures made with clean money funds.--

23         (1)  The clean money funding received by a

24  participating candidate may be used only for the purpose of

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

26  particular election campaign period for which the clean money

27  funding was allocated.

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

29  of the law or to repay any personal, family, or business

30  loans, expenditures, or debts.

31  

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  1         106.417  Disclosure of excess spending by

  2  nonparticipating candidates.--

  3         (1)  If a nonparticipating candidate's total

  4  expenditures for a primary or general election campaign period

  5  exceed the amount of clean money funding allocated to his or

  6  her clean money opponent for that period, he or she shall

  7  disclose to the division within 48 hours each excess

  8  expenditure amount which, in the aggregate, is more than

  9  $1,000.

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

11  applicable campaign period, a nonparticipating candidate shall

12  disclose to the division each excess expenditure amount which,

13  in the aggregate, is more than $500, within 24 hours of when

14  the expenditure is made or obligated to be made.

15         (3)  The division may make its own determination as to

16  whether excess expenditures have been made by nonparticipating

17  candidates.

18         (4)  Upon receiving an excess expenditure disclosure

19  under this section, the division shall immediately release

20  additional clean money funding to the opposing participating

21  candidate equal to the excess expenditure amount the

22  nonparticipating candidate has spent or intends to spend,

23  subject to the limit set forth in s. 106.413(2).

24         106.418  Disclosure of and additional clean money to

25  respond to independent expenditures.--

26         (1)  As used in this section, the term:

27         (a)  "Coordination" means a payment made for a

28  communication or anything of value that is for the purpose of

29  influencing the outcome of an election for statewide or

30  legislative office and that is made:

31  

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

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

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

  4  campaign committee, or an agent acting on behalf of a

  5  candidate or a candidate's campaign committee;

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

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

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

  9  by a candidate, a candidate's campaign committee, or an agent

10  of a candidate or a candidate's campaign committee;

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

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

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

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

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

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

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

18  the candidate's campaign committee in an executive or

19  policymaking position;

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

21  served in any formal policymaking or advisory position with

22  the candidate's campaign or has participated in strategic or

23  policymaking discussions with the candidate's campaign

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

25  or election to a statewide or legislative office in the same

26  election cycle as the election cycle in which the payment is

27  made; or

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

29  retains the professional services of an individual or person

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

31  providing campaign-related services in the same election cycle

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

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

  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 identifiable 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 identifiable

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)  "Independent expenditure" means an expenditure

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

25  candidate's campaign committee which is made for a

26  communication that contains express advocacy and is made

27  without the participation or cooperation of and without

28  coordination with a candidate or a candidate's campaign

29  committee.

30         (d)  "Professional services" includes services in

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

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  1  election to statewide or legislative office, such as polling,

  2  media advice, direct mail, fundraising, or campaign research.

  3         (2)(a)  Any person who makes an independent expenditure

  4  in support of or in opposition to a candidate for statewide or

  5  legislative office during a primary or general election

  6  campaign period which, in the aggregate, exceeds $1,000 shall

  7  report each such expenditure within 48 hours to the division.

  8         (b)  The report to the division shall include a

  9  statement, under penalty of perjury, by the person making the

10  independent expenditure identifying the candidate whom the

11  independent expenditure is intended to help elect or defeat

12  and affirming that the expenditure is totally independent and

13  involves no cooperation or coordination with a candidate or

14  political party.

15         (c)  An individual or organization may file a complaint

16  with the commission if the individual or organization believes

17  that such a statement if false.  The commission shall make a

18  prompt determination about such a complaint.

19         (3)  Upon receiving a report under this section that an

20  independent expenditure has been made or is obligated to be

21  made, the division shall immediately release additional clean

22  money funding, equal in amount to the cost of the independent

23  expenditure, to all participating candidates whom the

24  independent expenditure is intended to oppose or defeat,

25  provided the maximum aggregate amount of additional funding a

26  participating candidate receives to match independent

27  expenditures, issue advertisements, and the excess

28  expenditures of nonparticipating candidates is no more than

29  300 percent of the full amount of clean money funding

30  allocated to a participating candidate in that election and

31  the aggregate amount of the campaign expenditures combined

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  1  with the amount of the independent expenditures of the

  2  nonparticipating candidate benefiting from the independent

  3  expenditure exceeds the amount of clean money funding received

  4  by the participating candidate.

  5         (4)  Funding in the same amounts must also be granted

  6  to any participating candidate when another participating

  7  candidate benefits, however unintentionally, from independent

  8  expenditures which, in the aggregate with other expenditures,

  9  exceed the clean money amount received by the participating

10  candidates.

11         106.419  Disclosure of and additional clean money to

12  respond to issue advertisements.--

13         (1)  As used in this section, the term "issue

14  advertisement" means a communication through a broadcasting

15  station, newspaper, magazine, outdoor advertising facility,

16  mailing, or any other type of general public political

17  advertising the purchase of which is not an independent

18  expenditure or a contribution and which costs, in the

19  aggregate, $1,000 or more, contains the name or likeness of

20  one or more candidates, is communicated during a primary or

21  general election period, and recommends a position on a

22  political issue.

23         (2)  A person who makes a disbursement to purchase an

24  issue advertisement shall file a report with the division not

25  later than 48 hours after making the disbursement, containing

26  the amount of the disbursement, the name and address of the

27  person making the disbursement, the purpose of the issue

28  advertisement, and the script or a printed or duplicated audio

29  copy of the advertisement.

30         (3)  Upon receiving a report under this section that an

31  issue advertisement has been made or is obligated to be made,

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  1  and upon determination that the advertisement can reasonably

  2  be interpreted as having the effect of promoting the defeat of

  3  a participating candidate or the election of that candidate's

  4  opponent, the division shall immediately authorize the release

  5  to that candidate of additional clean money funding, equal in

  6  amount to the cost of the issue advertisement, subject to the

  7  limit set forth in s. 106.413(2).

  8         106.420  Voter Information Commission.--

  9         (1)  The Secretary of State shall establish and

10  administer a nonpartisan Voter Information Commission

11  consisting of representatives of nonprofit organizations,

12  political parties, the media, and interested citizens.

13         (2)  The Voter Information Commission may establish a

14  voter information program for the purpose of providing voters

15  with election-related information and fostering political

16  dialogue and debate.

17         (3)  The Voter Information Commission shall organize

18  the publication and distribution of a voter information guide

19  that includes important information about candidates appearing

20  on the ballot, including biographical material submitted by

21  the candidates; information on whether candidates are funding

22  their campaigns with public money or private money; policy

23  statements by the candidates or their political parties on

24  issues designated by the Voter Information Commission and

25  other issues; and, when pertinent, candidates' voting records.

26         (4)  The Voter Information Commission shall evaluate,

27  or delegate the evaluation of, the veracity of a candidate's

28  own political advertisements submitted by participating

29  candidates to determine whether each advertisement meets the

30  standards of "Truth in Campaigning" as established by the

31  Voter Information Commission and the division and reviewed

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  1  biennially prior to the filing date for candidates in each

  2  general election year.  Upon determination of qualification

  3  for an advertisement, the Voter Information Commission shall

  4  immediately notify the candidate and the division that the

  5  advertisement meets the established standards of "Truth in

  6  Campaigning."

  7         106.421  Broadcast debates.--

  8         (1)  All television and radio broadcast stations

  9  publicly funded in part or providing publicly approved cable

10  services shall make available, as a condition of their

11  licenses, free coverage for gubernatorial and other statewide

12  candidate debates in contested primary and general elections.

13         (2)  At a minimum, broadcasters shall broadcast, when

14  practicable, and participating candidates in gubernatorial and

15  other statewide races shall participate in, one 1-hour debate

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

17  during a contested general election.

18         (3)  All participating candidates shall participate in

19  public debates when practicable, and all nonparticipating

20  candidates for the same offices whose names will appear on the

21  ballot must be invited to join the debates.

22         106.422  Limit on use of public official mailing

23  privileges.--

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

25  official holding a statewide or legislative office shall not

26  mail any mass mailing as government mail during the period

27  between July 1 of the election year and the date of the

28  general election for that office, unless the official has made

29  a public announcement that he or she will not be a candidate

30  for reelection to that office or for election to any other

31  statewide or legislative office during that election cycle.

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  1         (2)  The normal privileges for elected officials

  2  holding a statewide or legislative office shall remain

  3  applicable to mailings not covered under the definition of

  4  mass mailing in s. 106.403(11).

  5         106.423  Revenue sources for the Clean Money Trust

  6  Fund.--

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

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

  9  sufficient to fully carry out the provisions of ss.

10  106.401-106.426, and such funds shall be deposited in the

11  Clean Money Trust Fund.

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

13  Clean Money Trust Fund include:

14         (a)  The qualifying contributions required of

15  candidates seeking to become certified as participating

16  candidates and such candidates' qualifying contributions in

17  excess of the minimum number to qualify as a participating

18  candidate.

19         (b)  The excess seed money contributions of candidates

20  seeking to become certified as participating candidates.

21         (c)  Unspent funds distributed to any participating

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

23  general election for which they were distributed, or such

24  funds that remain unspent by a participating candidate

25  following the date of the primary or general election for

26  which they were distributed.

27         (d)  Fines levied by the commission against candidates

28  for violation of election laws, except for those fines

29  required to be deposited in the Elections Commission Trust

30  Fund.

31  

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  1         (e)  Voluntary donations made directly to the trust

  2  fund.

  3         (f)  Funds from the surcharge on civil penalties levied

  4  under s. 106.265(3).

  5         (g)  Any interest generated by the trust fund.

  6         (h)  Any other sources of revenue authorized by law.

  7         106.424  Administration and dispersal of clean money.--

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

  9  the requirements for becoming a participating candidate as

10  provided in ss. 106.401-106.426, the division shall authorize

11  the issuance to the candidate of a clean money debit card and

12  a line of debit entitling the candidates and members of the

13  candidate's staff to draw clean money funds from a state

14  account to pay for all campaign costs and expenses up to the

15  amount of clean money funding the candidate has been

16  authorized.

17         (2)  Neither a participating candidate nor any other

18  person on behalf of a participating candidate shall pay

19  campaign costs by cash, check, money order, loan, or any other

20  financial means besides the clean money debit card, except as

21  otherwise provided in subsection (3).

22         (3)  Cash amounts of $500 or less per day may be drawn

23  on the clean money debit card and used to pay expenses of no

24  more than $100 each.  Records of all such expenditures must be

25  maintained and reported to the division.

26         (4)  Upon determination by the Voter Information

27  Commission that a candidate's political advertisement

28  qualifies under the "Truth in Campaigning" standards proposed

29  by the Voter Information Commission and adopted by the

30  division, the division shall authorize payment for the

31  broadcast advertisement, which may be made directly to

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  1  broadcast vendors in the candidate's behalf, except that the

  2  amount of payments for each candidate in each election may not

  3  exceed an aggregate total of $5,000.

  4         106.425  Political party contributions and

  5  expenditures.--

  6         (1)  Participating candidates may accept monetary or

  7  in-kind contributions from political parties if the aggregate

  8  amount of the contributions from all political party

  9  committees combined does not exceed the equivalent of 10

10  percent of the clean money financing amount for that office

11  and if that aggregate amount does not exceed $100,000 per

12  candidate per election cycle.

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

14  political parties during primary and general election campaign

15  periods must be reported to the division on the same basis as

16  contributions and expenditures made to or by candidates.

17         (3)  This section does not prevent political party

18  funds from being used for general operating expenses of the

19  party; conventions; nominating and endorsing candidates on a

20  nonrecurring basis within each election period; identifying,

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

22  party platform activities; non-candidate-specific voter

23  registration; non-candidate-specific get-out-the-vote drives;

24  travel expenses for noncandidate party leaders and staff; and

25  other non-candidate-specific party-building activities.

26         Section 2.  Subsection (17) of section 106.011, Florida

27  Statutes, is amended to read:

28         106.011  Definitions.--As used in this chapter, the

29  following terms have the following meanings unless the context

30  clearly indicates otherwise:

31  

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

  2  expression in any communications media prescribed in

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

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

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

  6  conversation, which shall support or oppose any candidate,

  7  elected public official, or issue. A political advertisement

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

  9  public official if it mentions or shows a clearly identifiable

10  candidate for election or reelection and is distributed at any

11  point during the period following the last day of qualifying

12  for that candidacy through the immediately ensuing general

13  election, regardless of whether the communication contains the

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

15  similar words or statements.

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

17  include:

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

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

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

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

22  newsletter, which newsletter is distributed only to the

23  members of that organization.

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

25  or television station, or other recognized news medium.

26         3.  A paid expression in any communications media that

27  mentions or shows a clearly identifiable candidate for

28  election or reelection and that:

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

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

31  other advertisements for that business that have mentioned or

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  1  shown the candidate and have been distributed on a regular

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

  3  period for that candidacy; or

  4         b.  Is distributed or broadcast only to areas other

  5  than the geographical area of the electorate for that

  6  candidacy.

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

  8  Statutes, is amended to read:

  9         106.021  Campaign treasurers; deputies; primary and

10  secondary depositories.--

11         (3)  Except for independent expenditures, no

12  contribution or expenditure, including contributions or

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

14  shall be directly or indirectly made or received in

15  furtherance of the candidacy of any person for nomination or

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

17  political committee except through the duly appointed campaign

18  treasurer of the candidate or political committee.  However,

19  expenditures may be made directly by any political committee

20  or political party regulated by chapter 103 for obtaining

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

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

23  and any such expenditure shall not be considered a

24  contribution or expenditure to or on behalf of any such

25  candidates for the purposes of this chapter.

26         Section 4.  Section 106.08, Florida Statutes, is

27  amended to read:

28         106.08  Contributions; limitations on.--

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

30  political committee, or committee of continuous existence may,

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

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

  2  political committee supporting or opposing one or more

  3  candidates. Candidates for the offices of Governor and

  4  Lieutenant Governor on the same ticket are considered a single

  5  candidate for the purpose of this section.

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

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

  8  county executive committee of a political party regulated by

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

10  her own campaign.

11         2.  Notwithstanding the limits provided in this

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

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

14  candidate or to any political committee supporting one or more

15  candidates.

16         (c)  The contribution limits of this subsection apply

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

18  primary, second primary, and general election are separate

19  elections so long as the candidate is not an unopposed

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

21  purpose of contribution limits with respect to candidates for

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

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

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

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

26  elections, which are the first primary election and general

27  election.

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

29  continuous existence may not make contributions to the state

30  and county executive committees of a political party,

31  including any subordinate committee of a state or county

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  1  executive committee of a political party, which contributions,

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

  3  calendar year exceed $5,000.

  4         (3)(2)(a)  Except as otherwise provided in s. 106.425,

  5  a candidate for other than statewide office may not accept

  6  contributions from national, state, including any subordinate

  7  committee of a national, state, or county committee of a

  8  political party, and county executive committees of a

  9  political party, including any subordinate committee of a

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

11  party, which contributions, including in-kind contributions,

12  in the aggregate in any calendar year exceed $5,000.  A

13  candidate for statewide office may not accept contributions

14  from national, state, and county executive committees of a

15  political party, including any subordinate committee of a

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

17  party, which contributions, including in-kind contributions,

18  in the aggregate in any election cycle exceed $100,000

19  $50,000, no more than $25,000 of which may be accepted prior

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

21  general election.

22         (b)  Except as otherwise provided in s. 106.425,

23  national, state, and county executive committees of a

24  political party, including any subordinate committee of a

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

26  party, may not make contributions to a candidate for other

27  than statewide office, which contributions, including in-kind

28  contributions, in the aggregate in any calendar year exceed

29  $5,000.  National, state, and county executive committees of a

30  political party, including any subordinate committee of a

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

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  1  party, may not make contributions to a candidate for statewide

  2  office, which contributions, including in-kind contributions,

  3  in the aggregate in any election cycle exceed $100,000.

  4  Polling services, research services, costs for campaign staff,

  5  professional consulting services, and telephone calls are not

  6  contributions to be counted toward the contribution limits of

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

  8  paragraph as nonallocable is a contribution in an amount equal

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

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

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

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

13  s. 106.29.

14         (4)(3)(a)  Any contribution received by a candidate

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

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

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

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

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

20  or on behalf of the candidate.

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

22  contribution received by a candidate or by the campaign

23  treasurer or a deputy campaign treasurer of a candidate after

24  the date at which the candidate withdraws his or her

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

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

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

28  expended by or on behalf of the candidate.

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

30  which an independent or minor party candidate has filed as

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

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  1  is pending a determination by the Department of State or

  2  supervisor of elections as to whether or not the required

  3  number of petition signatures was obtained:

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

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

  6  all other candidates for that office of that determination.

  7         2.  Any contribution received by a candidate or the

  8  campaign treasurer or deputy campaign treasurer of a candidate

  9  after the candidate has been notified in writing by the

10  department or supervisor that he or she has become unopposed

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

12  to obtain the required number of petition signatures shall be

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

14  continuous existence contributing it and shall not be used or

15  expended by or on behalf of the candidate.

16         (5)(4)  Any contribution received by the chair,

17  campaign treasurer, or deputy campaign treasurer of a

18  political committee supporting or opposing a candidate with

19  opposition in an election or supporting or opposing an issue

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

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

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

23  the election.

24         (6)(5)  A person may not make any contribution through

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

26  election.  Candidates, political committees, and political

27  parties may not solicit contributions from or make

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

29  causes or organizations established primarily for the public

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

31  candidate, political committee, or political party executive

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

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

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

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

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

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

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

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

  9  charitable groups.

10         (7)(6)  A political party may not accept any

11  contribution which has been specifically designated for the

12  partial or exclusive use of a particular candidate.  Any

13  contribution so designated must be returned to the contributor

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

15  candidate.

16         (8)(7)(a)  Any person who knowingly and willfully makes

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

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

19  knowingly and willfully fails or refuses to return any

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

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

22  775.082 or s. 775.083.  If any corporation, partnership, or

23  other business entity or any political party, political

24  committee, or committee of continuous existence is convicted

25  of knowingly and willfully violating any provision punishable

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

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

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

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

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

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

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

  2  political party, political committee, or committee of

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

  4  in a violation of any provision punishable under this

  5  paragraph commits a misdemeanor of the first degree,

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

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

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

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

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

11  775.083, or s. 775.084.  If any corporation, partnership, or

12  other business entity or any political party, political

13  committee, or committee of continuous existence is convicted

14  of knowingly and willfully violating any provision punishable

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

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

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

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

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

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

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

22  political committee, committee of continuous existence, or

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

24  violation of any provision punishable under this paragraph

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

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

27         (9)(8)  Except when otherwise provided in subsection

28  (8) (7), any person who knowingly and willfully violates any

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

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

31  equal to twice the amount contributed in violation of this

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  1  chapter.  Each campaign treasurer shall pay all amounts

  2  contributed in violation of this section to the state for

  3  deposit in the General Revenue Fund.

  4         (10)(9)  This section does not apply to the transfer of

  5  funds between a primary campaign depository and a savings

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

  7  such account or certificate.

  8         Section 5.  Section 106.087, Florida Statutes, is

  9  amended to read:

10         106.087  Independent expenditures; contribution limits;

11  restrictions on political parties, political committees, and

12  committees of continuous existence.--

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

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

15  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

16  treasurer of a state or county executive committee shall take

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

18  qualifying period for state candidates and prior to

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

20  affirmation shall be filed with the Secretary of State and

21  shall be substantially in the following form:

22  

23  State of Florida

24  County of....

25         Before me, an officer authorized to administer oaths,

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

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

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

29  executive committee; that the executive committee has not

30  made, either directly or indirectly, an independent

31  expenditure in support of or opposition to a candidate or

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

  2  executive committee will not make, either directly or

  3  indirectly, an independent expenditure in support of or

  4  opposition to a candidate or elected public official, through

  5  and including the upcoming general election; and that the

  6  executive committee will not violate the contribution limits

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

  8  Statutes.

  9                          ...(Signature of committee officer)...

10                                                 ...(Address)...

11  

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

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

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

15  

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

17  the provisions of the oath or affirmation in this section

18  prior to receiving funds shall be ineligible to receive the

19  rebate for that general election year.

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

21  the provisions of the oath or affirmation in this section

22  after receiving funds shall be ineligible to receive the

23  rebate from candidates qualifying for the following general

24  election cycle.

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

26  county executive committee pursuant to this section shall be

27  deposited into the General Revenue Fund of the state.

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

29  continuous existence that accepts the use of public funds,

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

31  its members agrees not to make independent expenditures in

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  1  support of or opposition to a candidate or elected public

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

  3  purpose of jointly endorsing three or more candidates.

  4         (b)  Any political committee or committee of continuous

  5  existence that violates this subsection is liable for a civil

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

  7  Commission or the entire amount of the expenditures, whichever

  8  is greater.

  9         Section 6.  For the purpose of incorporating the

10  amendments to sections 106.08 and 106.265, Florida Statutes,

11  in references thereto, subsections (1) and (3) of section

12  106.19, Florida Statutes, are reenacted to read:

13         106.19  Violations by candidates, persons connected

14  with campaigns, and political committees.--

15         (1)  Any candidate; campaign manager, campaign

16  treasurer, or deputy treasurer of any candidate; committee

17  chair, vice chair, campaign treasurer, deputy treasurer, or

18  other officer of any political committee; agent or person

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

20  other person who knowingly and willfully:

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

22  prescribed by s. 106.08;

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

24  reported by this chapter;

25         (c)  Falsely reports or deliberately fails to include

26  any information required by this chapter; or

27         (d)  Makes or authorizes any expenditure in violation

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

29  chapter;

30  

31  

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

  2  provided in s. 775.082 or s. 775.083.

  3         (3)  A political committee sponsoring a constitutional

  4  amendment proposed by initiative which submits a petition form

  5  gathered by a paid petition circulator which does not provide

  6  the name and address of the paid petition circulator on the

  7  form is subject to the civil penalties prescribed in s.

  8  106.265.

  9         Section 7.  Subsection (6) of section 106.29, Florida

10  Statutes, is amended to read:

11         106.29  Reports by political parties; restrictions on

12  contributions and expenditures; penalties.--

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

14  committees of a political party, including any subordinate

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

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

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

18  and all contributions required to be reported under s.

19  106.08(2) by the national executive committee of a political

20  party shall be reported by the state executive committee of

21  that political party.

22         (b)  A violation of the contribution limits contained

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

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

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

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

27  any executive committee found in violation thereof.

28         Section 8.  Sections 106.30, 106.31, 106.32, 106.33,

29  106.34, 106.35, 106.353, 106.355, and 106.36, Florida

30  Statutes, are repealed.

31  

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  1         Section 9.  Subsection (2) of section 102.112, Florida

  2  Statutes, is amended to read:

  3         102.112  Deadline for submission of county returns to

  4  the Department of State; penalties.--

  5         (2)  The department shall fine each board member $200

  6  for each day such returns are late, the fine to be paid only

  7  from the board member's personal funds. Such fines shall be

  8  deposited into the Clean Money Election Campaign Financing

  9  Trust Fund, created by s. 106.426 106.32.

10         Section 10.  Paragraph (b) of subsection (1) of section

11  106.07, Florida Statutes, is amended to read:

12         106.07  Reports; certification and filing.--

13         (1)  Each campaign treasurer designated by a candidate

14  or political committee pursuant to s. 106.021 shall file

15  regular reports of all contributions received, and all

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

17  political committee.  Reports shall be filed on the 10th day

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

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

20  following the end of a calendar quarter occurs on a Saturday,

21  Sunday, or legal holiday, the report shall be filed on the

22  next following day which is not a Saturday, Sunday, or legal

23  holiday.  Quarterly reports shall include all contributions

24  received and expenditures made during the calendar quarter

25  which have not otherwise been reported pursuant to this

26  section.

27         (b)  Following the last day of qualifying for office,

28  any statewide or legislative candidate who has requested to

29  receive contributions from the Clean Money Election Campaign

30  Financing Trust Fund or any statewide or legislative candidate

31  in a race with a candidate who has requested to receive

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  1  contributions from the trust fund shall file reports on the

  2  4th, 11th, 18th, 25th, and 32nd days prior to the first

  3  primary and general elections, and on the 4th, 11th, 18th, and

  4  25th days prior to the second primary.

  5         Section 11.  Subsection (4) of section 106.141, Florida

  6  Statutes, is amended to read:

  7         106.141  Disposition of surplus funds by candidates.--

  8         (4)(a)  Except as provided in paragraph (b), any

  9  candidate required to dispose of funds pursuant to this

10  section shall, at the option of the candidate, dispose of such

11  funds by any of the following means, or any combination

12  thereof:

13         1.  Return pro rata to each contributor the funds that

14  have not been spent or obligated.

15         2.  Donate the funds that have not been spent or

16  obligated to a charitable organization or organizations that

17  meet the qualifications of s. 501(c)(3) of the Internal

18  Revenue Code.

19         3.  Give not more than $10,000 of the funds that have

20  not been spent or obligated to the political party of which

21  such candidate is a member.

22         4.  Give the funds that have not been spent or

23  obligated:

24         a.  In the case of a candidate for state office, to the

25  state, to be deposited in either the Clean Money Election

26  Campaign Financing Trust Fund or the General Revenue Fund, as

27  designated by the candidate; or

28         b.  In the case of a candidate for an office of a

29  political subdivision, to such political subdivision, to be

30  deposited in the general fund thereof.

31  

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  1         (b)  Any candidate required to dispose of funds

  2  pursuant to this section who has received contributions from

  3  the Clean Money Election Campaign Financing Trust Fund shall

  4  return all surplus campaign funds to the Clean Money Election

  5  Campaign Financing Trust Fund.

  6         Section 12.  Subsection (6) of section 106.22, Florida

  7  Statutes, is amended to read:

  8         106.22  Duties of the Division of Elections.--It is the

  9  duty of the Division of Elections to:

10         (6)  Make, from time to time, audits and field

11  investigations with respect to reports and statements filed

12  under the provisions of this chapter and with respect to

13  alleged failures to file any report or statement required

14  under the provisions of this chapter.  The division shall

15  conduct a postelection audit of the campaign accounts of all

16  candidates receiving contributions from the Clean Money

17  Election Campaign Financing Trust Fund.

18         Section 13.  Subsections (3) and (4) of section

19  106.265, Florida Statutes, are amended to read:

20         106.265  Civil penalties.--

21         (3)(a)  Any civil penalty collected pursuant to the

22  provisions of this section shall be deposited into the Clean

23  Money Election Campaign Financing Trust Fund.

24         (b)(4)  Notwithstanding any other provisions of this

25  chapter, any fine assessed pursuant to the provisions of this

26  chapter, which fine is designated to be deposited or which

27  would otherwise be deposited into the General Revenue Fund of

28  the state, shall be deposited into the Clean Money Election

29  Campaign Financing Trust Fund.

30         (c)  A 10-percent surcharge shall be assessed against

31  each civil fine required to be deposited into the Clean Money

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  1  Trust Fund, and the funds from the surcharge shall also be

  2  deposited into the Clean Money Trust Fund.

  3         Section 14.  Subsection (13) of section 199.052,

  4  Florida Statutes, is amended to read:

  5         199.052  Annual tax returns; payment of annual tax.--

  6         (13)  The annual intangible tax return shall include

  7  language permitting a voluntary contribution of $5 per

  8  taxpayer, which contribution shall be transferred into the

  9  Clean Money Election Campaign Financing Trust Fund.  A

10  statement providing an explanation of the purpose of the trust

11  fund shall also be included.

12         Section 15.  Subsection (13) of section 320.02, Florida

13  Statutes, is amended to read:

14         320.02  Registration required; application for

15  registration; forms.--

16         (13)  The application form for motor vehicle

17  registration shall include language permitting a voluntary

18  contribution of $5 per applicant, which contribution shall be

19  transferred into the Clean Money Election Campaign Financing

20  Trust Fund.  A statement providing an explanation of the

21  purpose of the trust fund shall also be included.

22         Section 16.  Paragraph (a) of subsection (6) of section

23  322.08, Florida Statutes, is amended to read:

24         322.08  Application for license.--

25         (6)  The application form for a driver's license or

26  duplicate thereof shall include language permitting the

27  following:

28         (a)  A voluntary contribution of $5 per applicant,

29  which contribution shall be transferred into the Clean Money

30  Election Campaign Financing Trust Fund.

31  

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  1  A statement providing an explanation of the purpose of the

  2  trust funds shall also be included.

  3         Section 17.  Subsection (11) of section 328.72, Florida

  4  Statutes, is amended to read:

  5         328.72  Classification; registration; fees and charges;

  6  surcharge; disposition of fees; fines; marine turtle

  7  stickers.--

  8         (11)  VOLUNTARY CONTRIBUTIONS.--The application form

  9  for boat registration shall include a provision to allow each

10  applicant to indicate a desire to pay an additional voluntary

11  contribution to the Save the Manatee Trust Fund to be used for

12  the purposes specified in s. 370.12(4). This contribution

13  shall be in addition to all other fees and charges. The amount

14  of the request for a voluntary contribution solicited shall be

15  $2 or $5 per registrant.  A registrant who provides a

16  voluntary contribution of $5 or more shall be given a sticker

17  or emblem by the tax collector to display, which signifies

18  support for the Save the Manatee Trust Fund.  All voluntary

19  contributions shall be deposited in the Save the Manatee Trust

20  Fund and shall be used for the purposes specified in s.

21  370.12(4). The form shall also include language permitting a

22  voluntary contribution of $5 per applicant, which contribution

23  shall be transferred into the Clean Money Election Campaign

24  Financing Trust Fund.  A statement providing an explanation of

25  the purpose of the trust fund shall also be included.

26         Section 18.  Subsection (1) of section 607.1622,

27  Florida Statutes, is amended to read:

28         607.1622  Annual report for Department of State.--

29         (1)  Each domestic corporation and each foreign

30  corporation authorized to transact business in this state

31  shall deliver to the Department of State for filing a sworn

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  1  annual report on such forms as the Department of State

  2  prescribes that sets forth:

  3         (a)  The name of the corporation and the state or

  4  country under the law of which it is incorporated;

  5         (b)  The date of incorporation or, if a foreign

  6  corporation, the date on which it was admitted to do business

  7  in this state;

  8         (c)  The address of its principal office and the

  9  mailing address of the corporation;

10         (d)  The corporation's federal employer identification

11  number, if any, or, if none, whether one has been applied for;

12         (e)  The names and business street addresses of its

13  directors and principal officers;

14         (f)  The street address of its registered office and

15  the name of its registered agent at that office in this state;

16         (g)  Whether the corporation has liability for

17  intangible taxes under s. 199.032.  The Department of State

18  shall annually prepare a list of those corporations that have

19  indicated no intangible tax liability, and provide such list

20  to the Department of Revenue;

21         (h)  Language permitting a voluntary contribution of $5

22  per taxpayer, which contribution shall be transferred into the

23  Clean Money Election Campaign Financing Trust Fund.  A

24  statement providing an explanation of the purpose of the trust

25  fund shall also be included; and

26         (i)  Such additional information as may be necessary or

27  appropriate to enable the Department of State to carry out the

28  provisions of this act.

29         Section 19.  For the purpose of incorporating the

30  amendment to section 106.265, Florida Statutes, in references

31  

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  1  thereto, subsection (8) of section 106.143 and subsection (2)

  2  of section 106.144, Florida Statutes, are reenacted to read:

  3         106.143  Political advertisements circulated prior to

  4  election; requirements.--

  5         (8)  Any person who willfully violates any provision of

  6  this section is subject to the civil penalties prescribed in

  7  s. 106.265.

  8         106.144  Endorsements or opposition by certain groups

  9  and organizations.--

10         (2)  Any officer, director, or other person acting on

11  behalf of an organization who willfully violates the

12  provisions of subsection (1) is subject to the civil penalties

13  prescribed in s. 106.265.

14         Section 20.  If any provision of this act or the

15  application thereof to any person or circumstance is held

16  invalid, the invalidity shall not affect other provisions or

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

18  invalid provision or application, and to this end the

19  provisions of this act are declared severable.

20         Section 21.  This act shall take effect July 1, 2001,

21  if House Bill .... or similar legislation creating the Clean

22  Money Trust Fund is adopted in the same legislative session or

23  an extension thereof and becomes law.

24  

25  

26  

27  

28  

29  

30  

31  

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

  2                          HOUSE SUMMARY

  3  
      Creates the "Florida Clean Elections Act" to provide
  4    clean money campaign funding for candidates for statewide
      or legislative office.  Provides eligibility requirements
  5    for clean money campaign funding for candidates for
      statewide or legislative office.  Provides transitional
  6    requirements for the current election cycle.  Provides a
      continuing obligation to comply.  Provides limitations on
  7    contributions and expenditures and on the use of personal
      funds.  Provides for seed money contributions.  Provides
  8    for participation in debates.  Provides for certification
      of eligibility.  Specifies benefits for participating
  9    candidates.  Provides for the amounts and payment
      schedule of clean money funding.  Provides limitations on
10    the expenditure of clean money funds.  Provides for
      disclosure of excess spending by nonparticipating
11    candidates.  Provides for disclosure of and additional
      clean money to respond to independent expenditures.
12    Provides for disclosure of and additional clean money to
      respond to issue advertisements.  Directs the Secretary
13    of State to create a nonpartisan Voter Information
      Commission and provides its duties.  Requires publicly
14    funded television and radio stations to provide free
      coverage of debates for specified elections.  Provides
15    limitations on mailing privileges of certain public
      officials.  Provides revenue sources for the Clean Money
16    Trust Fund.  Provides for the administration and
      dispersal of clean money funds.  Provides limits on
17    political party contributions and expenditures.

18  
      Redefines the term "political advertisement."  Eliminates
19    authorization for unrestricted expenditures by political
      committees and political parties to jointly endorse three
20    or more candidates.  Provides limits on contributions to
      political parties, and revises limits on contributions to
21    candidates by political parties.  Eliminates a
      restriction on independent expenditures by political
22    committees and committees of continuous existence that
      use public resources to collect dues.  Revises reporting
23    requirements of political parties.

24  
      Repeals the "Florida Election Campaign Financing Act."
25    Provides for deposit of various fines, surplus funds, and
      voluntary contributions in the Clean Money Trust Fund.
26    Provides for a surcharge on civil penalties to be
      deposited into the trust fund and for deposit of the
27    surcharge funds into the trust fund.  See bill for
      details.
28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.