Senate Bill sb0266

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    Florida Senate - 2001                                   SB 266

    By Senator Silver





    38-154-01

  1                      A bill to be entitled

  2         An act relating to campaign financing; amending

  3         s. 106.021, F.S.; specifying that certain

  4         endorsements are not contributions or

  5         expenditures for purposes of ch. 106, F.S.;

  6         amending s. 106.08, F.S.; prohibiting

  7         contributions made during a certain period

  8         preceding the first primary election through

  9         the general election which exceed a specified

10         amount; providing penalties; creating s.

11         106.293, F.S.; requiring the state executive

12         committee of each political party to report

13         contributions in excess of a specified amount

14         to the Division of Elections within the

15         Department of State; requiring the division to

16         adopt rules governing such reports; providing

17         penalties for failure to timely make reports;

18         providing an effective date.

19

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

21

22         Section 1.  Subsection (3) of section 106.021, Florida

23  Statutes, is amended to read:

24         106.021  Campaign treasurers; deputies; primary and

25  secondary depositories.--

26         (3)(a)  Except for independent expenditures, no

27  contribution or expenditure, including contributions or

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

29  shall be directly or indirectly made or received in

30  furtherance of the candidacy of any person for nomination or

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

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  1  political committee except through the duly appointed campaign

  2  treasurer of the candidate or political committee.

  3         (b)  Notwithstanding paragraph (a) However,

  4  expenditures may be made directly by any political committee

  5  or political party regulated by chapter 103 for obtaining

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

  7  for the purpose of jointly endorsing three or more

  8  candidates., and Any such expenditure for an endorsement that

  9  allocates substantially equal time, space, or service to each

10  candidate, or any such expenditure for an endorsement in a

11  general election which lists all nominees of a political party

12  in the area covered by the broadcast or mailing and allocates

13  no candidate in the endorsement more than three times as much

14  time or space as any other candidate in the endorsement, is

15  shall not be considered a contribution or expenditure to or on

16  behalf of any such candidates for the purposes of this

17  chapter.

18         Section 2.  Section 106.08, Florida Statutes, is

19  amended to read:

20         106.08  Contributions; limitations on.--

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

22  political committee, or committee of continuous existence may,

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

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

25  political committee supporting or opposing one or more

26  candidates. Candidates for the offices of Governor and

27  Lieutenant Governor on the same ticket are considered a single

28  candidate for the purpose of this section.

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

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

31  county executive committee of a political party regulated by

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

  2  her own campaign.

  3         2.  Notwithstanding the limits provided in this

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

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

  6  candidate or to any political committee supporting one or more

  7  candidates.

  8         (c)  The contribution limits of this subsection apply

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

10  primary, second primary, and general election are separate

11  elections so long as the candidate is not an unopposed

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

13  purpose of contribution limits with respect to candidates for

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

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

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

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

18  elections, which are the first primary election and general

19  election.

20         (2)(a)  A candidate may not accept contributions from

21  national, state, including any subordinate committee of a

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

23  county executive committees of a political party, which

24  contributions in the aggregate exceed $50,000, no more than

25  $25,000 of which may be accepted prior to the 28-day period

26  immediately preceding the date of the 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

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  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         (3)(a)  Any contribution received by a candidate with

  7  opposition in an election or by the campaign treasurer or a

  8  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

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  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         (4)  Any contribution received by the chair, campaign

  9  treasurer, or deputy campaign treasurer of a political

10  committee supporting or opposing a candidate with opposition

11  in an election or supporting or opposing an issue on the

12  ballot in an election on the day of that election or less than

13  5 days prior to the day of that election may not be obligated

14  or expended by the committee until after the date of the

15  election.

16         (5)  A person may not make any contribution through or

17  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,

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

  2  charitable groups.

  3         (6)  A political party may not accept any contribution

  4  that which has been specifically designated for the partial or

  5  exclusive use of a particular candidate.  Any contribution so

  6  designated must be returned to the contributor and may not be

  7  used or expended by or on behalf of the candidate.

  8         (7)  A person, political committee, or committee of

  9  continuous existence may not make contributions that exceed

10  $5,000 in the aggregate to a state executive committee of a

11  political party regulated under chapter 103, a county

12  executive committee, or a subordinate committee of a political

13  party regulated under chapter 103, or any combination thereof,

14  for the period beginning on the Thursday immediately preceding

15  the first primary election through the general election.

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

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

18  or subsection (5), or subsection (7), or any person who

19  knowingly and willfully fails or refuses to return any

20  contribution as required in subsection (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), or

  9  subsection (5), or subsection (7), or any combination thereof,

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

11  in s. 775.082, s. 775.083, or s. 775.084.  If any corporation,

12  partnership, or other business entity or any political party,

13  political committee, or committee of continuous existence is

14  convicted of knowingly and willfully violating any provision

15  punishable under this paragraph, it shall be fined not less

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

17  entity, it may be ordered dissolved by a court of competent

18  jurisdiction; if it is a foreign or nonresident business

19  entity, its right to do business in this state may be

20  forfeited.  Any officer, partner, agent, attorney, or other

21  representative of a corporation, partnership, or other

22  business entity, or of a political committee, committee of

23  continuous existence, or political party who aids, abets,

24  advises, or participates in a violation of any provision

25  punishable under this paragraph commits a felony of the third

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.

28         (9)(8)  Except when otherwise provided in subsection

29  (8) (7), any person who knowingly and willfully violates any

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

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

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  1  equal to twice the amount contributed in violation of this

  2  chapter.  Each campaign treasurer shall pay all amounts

  3  contributed in violation of this section to the state for

  4  deposit in the General Revenue Fund.

  5         (10)(9)  This section does not apply to the transfer of

  6  funds between a primary campaign depository and a savings

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

  8  such account or certificate.

  9         Section 3.  Section 106.293, Florida Statutes, is

10  created to read:

11         106.293  Electronic reports by political parties;

12  penalties.--

13         (1)  The state executive committee of each political

14  party regulated by chapter 103 shall electronically file with

15  the Division of Elections a report of any contribution it

16  receives in excess of $5,000. The report must contain the same

17  information as required of a candidate by s. 106.07(4), and

18  must be electronically filed with the division no later than 5

19  p.m. of the third day after the contribution is received. Upon

20  receipt of the filing, the division shall electronically

21  transmit a confirmation of receipt to the executive committee.

22  If the executive committee is unable to file electronically

23  for any reason, a written report may be timely filed in person

24  with the division. However, if a report due to be filed on a

25  Saturday, Sunday, or legal holiday cannot be electronically

26  filed for technical reasons, it must be filed electronically

27  or in person with the division by 10 a.m. of the next business

28  day.

29         (2)  The division shall adopt rules providing for

30  electronic filing which must, at a minimum, provide that:

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  1         (a)  The division develop an electronic filing system

  2  using the Internet or other on-line technologies; and

  3         (b)  The system be reasonably secure and provide a

  4  method for authenticating the identity of the person

  5  submitting the report.

  6         (3)  Contributions electronically filed under this

  7  section must also be included on the written reports submitted

  8  by the executive committee under s. 106.29.

  9         (4)  Any executive committee that fails to timely file

10  a report required by this section is subject to a maximum

11  civil penalty equal to 25 percent of the amount of the

12  contribution that was not timely reported. In determining the

13  amount of the penalty, the Florida Elections Commission must

14  consider any mitigating and aggravating circumstances

15  identified in s. 106.265. This penalty is in lieu of the

16  penalties provided in s. 106.265, shall be deposited into the

17  General Revenue Fund of the state, and if necessary, collected

18  pursuant to s. 106.265(2).

19         Section 4.  This act shall take effect July 1, 2001.

20

21            *****************************************

22                          SENATE SUMMARY

23    Provides that certain endorsements are not contributions
      or expenditures for purposes of ch. 106, F.S. Prohibits a
24    person, political committee, or committee of continuous
      existence from making contributions to a political party
25    which exceed $5,000 in the aggregate during a specified
      period preceding the first primary election. Provides
26    that a violation of such prohibition by making one
      contribution is a first-degree misdemeanor and a
27    violation of such prohibition by making two or more
      contributions is a third-degree felony. Requires that the
28    state executive committee of each political party report
      contributions in excess of $5,000 to the Division of
29    Elections within the Department of State. (See bill for
      details.)
30

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