HOUSE AMENDMENT
                                               Bill No. CS/HB 1925
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Wiles offered the following:
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13         Amendment to Amendment (412611) (with title amendment) 
14         On page 52, between lines 25 and 26,
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16  insert:  
17         Section 48.  Subsection (3) of section 106.021, Florida
18  Statutes, is amended to read:
19         106.021  Campaign treasurers; deputies; primary and
20  secondary depositories.--
21         (3)  Except for independent expenditures, no
22  contribution or expenditure, including contributions or
23  expenditures of a candidate or of the candidate's family,
24  shall be directly or indirectly made or received in
25  furtherance of the candidacy of any person for nomination or
26  election to political office in the state or on behalf of any
27  political committee except through the duly appointed campaign
28  treasurer of the candidate or political committee.  However,
29  expenditures may be made directly by any political committee
30  or political party regulated by chapter 103 for obtaining
31  time, space, or services in or by any communications medium
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    File original & 9 copies    04/23/01                          
    hmo0006                     02:41 pm         01925-0020-713047

HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 for the purpose of jointly endorsing three or more candidates, 2 and any such expenditure shall not be considered a 3 contribution or expenditure to or on behalf of any such 4 candidates for the purposes of this chapter. 5 Section 49. Subsection (2) through (9) of section 6 106.08, Florida Statutes, are renumbered as subsections (3) 7 through (10), newly renumbered sections (3), (8) and (9) are 8 amended and a new subsection (2) is added to said section to 9 read: 10 (2) A person, political committee, or committee of 11 continuous existence may not make contributions to the state 12 and county executive committees of a political party, 13 including any subordinate committee of a state or county 14 executive committee of a political party, which contributions, 15 including in-kind contributions, in the aggregate in any 16 calendar year exceed $5,000. 17 (3)(2)(a) A candidate may not accept contributions 18 from national, state, including any subordinate committee of a 19 national, state, or county committee of a political party, and 20 county executive committees of a political party, including 21 any subordinate committee of a national, state, or county 22 executive committee of a political party, which contributions, 23 including in-kind contributions, in the aggregate exceed 24 $50,000, no more than $25,000 of which may be accepted prior 25 to the 28-day period immediately preceding the date of the 26 general election. 27 (b) Polling services, research services, costs for 28 campaign staff, professional consulting services, and 29 telephone calls are not contributions to be counted toward the 30 contribution limits of paragraph (a). Any item not expressly 31 identified in this paragraph as nonallocable is a contribution 2 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 in an amount equal to the fair market value of the item and 2 must be counted as allocable toward the $50,000 contribution 3 limits of paragraph (a). Nonallocable, in-kind contributions 4 must be reported by the candidate under s. 106.07 and by the 5 political party under s. 106.29. 6 (4)(3)(a) Any contribution received by a candidate 7 with opposition in an election or by the campaign treasurer or 8 a deputy campaign treasurer of such a candidate on the day of 9 that election or less than 5 days prior to the day of that 10 election must be returned by him or her to the person or 11 committee contributing it and may not be used or expended by 12 or on behalf of the candidate. 13 (b) Except as otherwise provided in paragraph (c), any 14 contribution received by a candidate or by the campaign 15 treasurer or a deputy campaign treasurer of a candidate after 16 the date at which the candidate withdraws his or her 17 candidacy, or after the date the candidate is defeated, 18 becomes unopposed, or is elected to office must be returned to 19 the person or committee contributing it and may not be used or 20 expended by or on behalf of the candidate. 21 (c) With respect to any campaign for an office in 22 which an independent or minor party candidate has filed as 23 required in s. 99.0955 or s. 99.096, but whose qualification 24 is pending a determination by the Department of State or 25 supervisor of elections as to whether or not the required 26 number of petition signatures was obtained: 27 1. The department or supervisor shall, no later than 3 28 days after that determination has been made, notify in writing 29 all other candidates for that office of that determination. 30 2. Any contribution received by a candidate or the 31 campaign treasurer or deputy campaign treasurer of a candidate 3 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 after the candidate has been notified in writing by the 2 department or supervisor that he or she has become unopposed 3 as a result of an independent or minor party candidate failing 4 to obtain the required number of petition signatures shall be 5 returned to the person, political committee, or committee of 6 continuous existence contributing it and shall not be used or 7 expended by or on behalf of the candidate. 8 (5)(4) Any contribution received by the chair, 9 campaign treasurer, or deputy campaign treasurer of a 10 political committee supporting or opposing a candidate with 11 opposition in an election or supporting or opposing an issue 12 on the ballot in an election on the day of that election or 13 less than 5 days prior to the day of that election may not be 14 obligated or expended by the committee until after the date of 15 the election. 16 (6)(5) A person may not make any contribution through 17 or in the name of another, directly or indirectly, in any 18 election. Candidates, political committees, and political 19 parties may not solicit contributions from or make 20 contributions to any religious, charitable, civic, or other 21 causes or organizations established primarily for the public 22 good. However, it is not a violation of this subsection for a 23 candidate, political committee, or political party executive 24 committee to make gifts of money in lieu of flowers in memory 25 of a deceased person or for a candidate to continue membership 26 in, or make regular donations from personal or business funds 27 to, religious, political party, civic, or charitable groups of 28 which the candidate is a member or to which the candidate has 29 been a regular donor for more than 6 months. A candidate may 30 purchase, with campaign funds, tickets, admission to events, 31 or advertisements from religious, civic, political party, or 4 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 charitable groups. 2 (7)(6) A political party may not accept any 3 contribution which has been specifically designated for the 4 partial or exclusive use of a particular candidate. Any 5 contribution so designated must be returned to the contributor 6 and may not be used or expended by or on behalf of the 7 candidate. 8 (8)(7)(a) Any person who knowingly and willfully makes 9 no more than one contribution in violation of subsection (1), 10 subsection (2), or subsection (6) (5), or any person who 11 knowingly and willfully fails or refuses to return any 12 contribution as required in subsection (4) (3), commits a 13 misdemeanor of the first degree, punishable as provided in s. 14 775.082 or s. 775.083. If any corporation, partnership, or 15 other business entity or any political party, political 16 committee, or committee of continuous existence is convicted 17 of knowingly and willfully violating any provision punishable 18 under this paragraph, it shall be fined not less than $1,000 19 and not more than $10,000. If it is a domestic entity, it may 20 be ordered dissolved by a court of competent jurisdiction; if 21 it is a foreign or nonresident business entity, its right to 22 do business in this state may be forfeited. Any officer, 23 partner, agent, attorney, or other representative of a 24 corporation, partnership, or other business entity or of a 25 political party, political committee, or committee of 26 continuous existence who aids, abets, advises, or participates 27 in a violation of any provision punishable under this 28 paragraph commits a misdemeanor of the first degree, 29 punishable as provided in s. 775.082 or s. 775.083. 30 (b) Any person who knowingly and willfully makes two 31 or more contributions in violation of subsection (1), 5 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 subsection (2), or subsection (6), or any combination thereof, 2 (5) commits a felony of the third degree, punishable as 3 provided in s. 775.082, s. 775.083, or s. 775.084. If any 4 corporation, partnership, or other business entity or any 5 political party, political committee, or committee of 6 continuous existence is convicted of knowingly and willfully 7 violating any provision punishable under this paragraph, it 8 shall be fined not less than $10,000 and not more than 9 $50,000. If it is a domestic entity, it may be ordered 10 dissolved by a court of competent jurisdiction; if it is a 11 foreign or nonresident business entity, its right to do 12 business in this state may be forfeited. Any officer, 13 partner, agent, attorney, or other representative of a 14 corporation, partnership, or other business entity, or of a 15 political committee, committee of continuous existence, or 16 political party who aids, abets, advises, or participates in a 17 violation of any provision punishable under this paragraph 18 commits a felony of the third degree, punishable as provided 19 in s. 775.082, s. 775.083, or s. 775.084. 20 (9)(8) Except when otherwise provided in subsection 21 (8) (7), any person who knowingly and willfully violates any 22 provision of this section shall, in addition to any other 23 penalty prescribed by this chapter, pay to the state a sum 24 equal to twice the amount contributed in violation of this 25 chapter. Each campaign treasurer shall pay all amounts 26 contributed in violation of this section to the state for 27 deposit in the General Revenue Fund. 28 (10)(9) This section does not apply to the transfer of 29 funds between a primary campaign depository and a savings 30 account or certificate of deposit or to any interest earned on 31 such account or certificate. 6 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 Section 50. For the purpose of incorporating the 2 amendment to section 106.08, Florida Statutes, in a reference 3 thereto, paragraph (a) of subsection (1) of section 106.19, 4 Florida Statutes, is reenacted to read: 5 106.19 Violations by candidates, persons connected 6 with campaigns, and political committees.-- 7 (1) Any candidate; campaign manager, campaign 8 treasurer, or deputy treasurer of any candidate; committee 9 chair, vice chair, campaign treasurer, deputy treasurer, or 10 other officer of any political committee; agent or person 11 acting on behalf of any candidate or political committee; or 12 other person who knowingly and willfully: 13 (a) Accepts a contribution in excess of the limits 14 prescribed by s. 106.08; 15 16 is guilty of a misdemeanor of the first degree, punishable as 17 provided in s. 775.082 or s. 775.083. 18 Section 51. Section 106.087, Florida Statutes, is 19 amended to read: 20 106.087 Independent expenditures; contribution limits; 21 restrictions on political parties, political committees, and 22 committees of continuous existence.-- 23 (1)(a) As a condition of receiving a rebate of filing 24 fees and party assessment funds pursuant to s. 99.061(2), s. 25 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or 26 treasurer of a state or county executive committee shall take 27 and subscribe to an oath or affirmation in writing. During the 28 qualifying period for state candidates and prior to 29 distribution of such funds, a printed copy of the oath or 30 affirmation shall be filed with the Secretary of State and 31 shall be substantially in the following form: 7 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 2 State of Florida 3 County of.... 4 Before me, an officer authorized to administer oaths, 5 personally appeared ...(name)..., to me well known, who, being 6 sworn, says that he or she is the ...(title)... of the 7 ...(name of party)... ...(state or specified county)... 8 executive committee; that the executive committee has not 9 made, either directly or indirectly, an independent 10 expenditure in support of or opposition to a candidate or 11 elected public official in the prior 6 months; that the 12 executive committee will not make, either directly or 13 indirectly, an independent expenditure in support of or 14 opposition to a candidate or elected public official, through 15 and including the upcoming general election; and that the 16 executive committee will not violate the contribution limits 17 applicable to candidates under s. 106.08(3)(2), Florida 18 Statutes. 19 ...(Signature of committee officer)... 20 ...(Address)... 21 22 Sworn to and subscribed before me this .... day of ...., 23 ...(year)..., at .... County, Florida. 24 ...(Signature and title of officer administering oath)... 25 26 (2)(b) Any executive committee found to have violated 27 the provisions of the oath or affirmation in this section 28 prior to receiving funds shall be ineligible to receive the 29 rebate for that general election year. 30 (3)(c) Any executive committee found to have violated 31 the provisions of the oath or affirmation in this section 8 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 after receiving funds shall be ineligible to receive the 2 rebate from candidates qualifying for the following general 3 election cycle. 4 (4)(d) Any funds not distributed to the state or 5 county executive committee pursuant to this section shall be 6 deposited into the General Revenue Fund of the state. 7 (2)(a) Any political committee or committee of 8 continuous existence that accepts the use of public funds, 9 equipment, personnel, or other resources to collect dues from 10 its members agrees not to make independent expenditures in 11 support of or opposition to a candidate or elected public 12 official. However, expenditures may be made for the sole 13 purpose of jointly endorsing three or more candidates. 14 (b) Any political committee or committee of continuous 15 existence that violates this subsection is liable for a civil 16 fine of up to $5,000 to be determined by the Florida Elections 17 Commission or the entire amount of the expenditures, whichever 18 is greater. 19 Section 52. Subsection (6) of section 106.29, Florida 20 Statutes, is amended to read: 21 106.29 Reports by political parties; restrictions on 22 contributions and expenditures; penalties.-- 23 (6)(a) The national, state, and county executive 24 committees of a political party, including any subordinate 25 committee of a national, state, or county executive committee 26 of a political party, may not contribute to any candidate any 27 amount in excess of the limits contained in s. 106.08(3)(2), 28 and all contributions required to be reported under s. 29 106.08(2) by the national executive committee of a political 30 party shall be reported by the state executive committee of 31 that political party. 9 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 (b) A violation of the contribution limits contained 2 in s. 106.08(3)(2) is a misdemeanor of the first degree, 3 punishable as provided in s. 775.082 or s. 775.083. A civil 4 penalty equal to three times the amount in excess of the 5 limits contained in s. 106.08(3)(2) shall be assessed against 6 any executive committee found in violation thereof. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 56, line 15, 12 13 after the semicolon, insert: 14 amending s. 106.021, F.S.; eliminating a 15 provision that authorizes the unrestricted 16 expenditure of funds for the purpose of jointly 17 endorsing three or more candidates; amending s. 18 106.08, F.S.; providing limits on contributions 19 to a political party; revising a provision 20 relating to restrictions on contributions to a 21 candidate by a political party; providing 22 penalties; reenacting s. 106.19(1)(a), F.S., 23 relating to penalties applicable to acceptance 24 of contributions in excess of the limits 25 provided by law, to incorporate the amendment 26 to s. 106.08, F.S., in a reference thereto; 27 amending s. 106.087, F.S.; eliminating a 28 provision that prohibits certain political 29 committees and committees of continuous 30 existence from making independent expenditures 31 in support of or opposition to a candidate or 10 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047
HOUSE AMENDMENT Bill No. CS/HB 1925 Amendment No. ___ (for drafter's use only) 1 elected public official; amending s. 106.29, 2 F.S.; requiring subordinate and executive 3 committees of a political party to adhere to 4 contribution limits for political parties; 5 providing penalties; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 File original & 9 copies 04/23/01 hmo0006 02:41 pm 01925-0020-713047