House Bill hb0273

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




    Florida House of Representatives - 2001                 HB 273

        By Representative Ross






  1                      A bill to be entitled

  2         An act relating to reporting requirements under

  3         the Florida Election Code; amending s. 106.011,

  4         F.S.; modifying the definition of "political

  5         committee"; amending s. 106.03, F.S.; requiring

  6         additional information for registration of

  7         political committees; amending s. 106.04, F.S.;

  8         requiring additional information for

  9         certification of committees of continuous

10         existence; requiring membership dues of

11         committees of continuous existence to be

12         reported in the same manner as regular

13         contributions; removing requirement to provide

14         a membership list for inspection purposes;

15         removing requirement for filing duplicate

16         copies of reports; providing penalties;

17         amending s. 106.07, F.S., relating to campaign

18         treasurer's reports; revising reporting periods

19         and requirements; removing requirement for

20         duplicate reports; providing penalties;

21         creating s. 106.0705, F.S.; requiring campaign

22         treasurer's reports that are to be filed with

23         the Division of Elections to be filed

24         electronically when aggregate contributions or

25         expenditures exceed a specified amount;

26         providing filing requirements; providing

27         penalties; providing rulemaking authority;

28         amending s. 106.071, F.S.; revising provisions

29         relating to the reporting of certain

30         independent expenditures; providing penalties;

31         creating s. 106.073, F.S.; requiring certain

                                  1

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         organizations that sponsor issue advertisements

  2         to register under certain circumstances;

  3         providing a definition; requiring certain

  4         reports; providing requirements for such

  5         advertisements, including a disclaimer;

  6         providing penalties; providing rulemaking

  7         authority; amending s. 106.12, F.S.; revising

  8         the petty cash fund limit to conform to the

  9         revised reporting periods; amending s. 106.29,

10         F.S., relating to reports by political parties;

11         revising reporting periods and requirements;

12         removing requirement for duplicate reports;

13         providing penalties; amending ss. 105.08,

14         106.025, 106.08, 106.141, and 106.18, F.S.,

15         relating to reporting requirements applicable

16         to candidates for retention to judicial office,

17         campaign fund raisers held on behalf of a

18         political party by its state or county

19         executive committee, nonallocable, in-kind

20         contributions by candidates and political

21         parties, disposition of surplus funds by

22         candidates, and the granting of certificates of

23         election, to conform; providing effective

24         dates.

25

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

27

28         Section 1.  Effective upon this act becoming a law,

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

30  amended to read:

31

                                  2

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         106.011  Definitions.--As used in this chapter, the

  2  following terms have the following meanings unless the context

  3  clearly indicates otherwise:

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

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

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

  7  in excess of $500 during a calendar year:

  8         a.  Accepts contributions for the purpose of making

  9  contributions to any candidate, political committee, committee

10  of continuous existence, or political party;

11         b.  Accepts contributions for the purpose of expressly

12  advocating the election or defeat of a candidate or the

13  passage or defeat of an issue;

14         c.  Makes expenditures for the purpose of expressly

15  advocating the election or defeat of a candidate or the

16  passage or defeat of an issue; or

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

18  joint checking account between spouses, from which

19  contributions are made to any candidate, political committee,

20  committee of continuous existence, or political party. the

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

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

23  contributions or makes expenditures during a calendar year in

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

25  also means

26         2.  The sponsor of a proposed constitutional amendment

27  by initiative who intends to seek the signatures of registered

28  electors.

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

30  entities shall not be considered political committees for

31  purposes of this chapter:

                                  3

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         1.  Organizations which are certified by the Department

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

  3  106.04, national political parties, and the state and county

  4  executive committees of political parties regulated by chapter

  5  103 shall not be considered political committees for the

  6  purposes of this chapter.

  7         2.  Corporations regulated by chapter 607 or chapter

  8  617 or other business entities formed for purposes other than

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

10  committees if their political activities are limited to

11  contributions to candidates, political parties, or political

12  committees or expenditures in support of or opposition to an

13  issue from corporate or business funds and if no contributions

14  are received by such corporations or business entities.

15         Section 2.  Subsection (2) of section 106.03, Florida

16  Statutes, is amended to read:

17         106.03  Registration of political committees.--

18         (2)  The statement of organization shall include:

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

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

21  affiliated or connected organizations;

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

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

24  employer of the custodian of books and accounts;

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

26  employer of each other principal officer officers, including

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

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

29  affiliation of:

30         1.  Each candidate whom the committee is supporting;

31

                                  4

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






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

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

  3  public office whatever;

  4         (g)  Any issue or issues such organization is

  5  supporting or opposing;

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

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

  8  party;

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

10  continuing one;

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

12  will be made in the event of dissolution;

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

14  other depositories used for committee funds; and

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

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

17  addresses, and positions of such officials.

18         Section 3.  Subsections (2) and (4) of section 106.04,

19  Florida Statutes, are amended to read:

20         106.04  Committees of continuous existence.--

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

22  entity may seek certification from the Department of State as

23  a committee of continuous existence by filing an application

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

25  division. Such application shall provide the information

26  required of political committees by s. 106.03(2).  Each

27  application shall be accompanied by the name and street

28  address of the principal officer of the applying entity as of

29  the date of the application; a copy of the charter or bylaws

30  of the organization; a copy of the dues or assessment schedule

31  of the organization, or formula by which dues or assessments

                                  5

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  are levied; and a complete financial statement or annual audit

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

  3  the organization during the 12 months preceding the date of

  4  application.  A membership list shall be made available for

  5  inspection if deemed necessary by the division.

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

  7  file an annual report with the Division of Elections during

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

  9  same information and shall be accompanied by the same

10  materials as original applications filed pursuant to

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

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

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

14  bylaws since the last filing.

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

16  file regular reports with the Division of Elections at the

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

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

19  as otherwise required by s. 106.0705.

20         2.  Any committee of continuous existence failing to so

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

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

23  fine for late filing as provided by this section.

24         (c)  All committees of continuous existence shall file

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

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

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

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

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

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

31  such duplicate report is required to be filed with the

                                  6

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  supervisor.  Reports shall be on forms provided by the

  2  division and shall contain the following information:

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

  4  person who has made one or more contributions, including

  5  contributions which represent the payment of membership dues,

  6  to the committee during the reporting period, together with

  7  the amounts and dates of such contributions.  For

  8  corporations, the report must provide as clear a description

  9  as practicable of the principal type of business conducted by

10  the corporation.  However, if the contribution is $100 or

11  less, the occupation of the contributor or principal type of

12  business need not be listed.  However, for any contributions

13  which represent the payment of dues by members in a fixed

14  amount pursuant to the schedule on file with the Division of

15  Elections, only the aggregate amount of such contributions

16  need be listed, together with the number of members paying

17  such dues and the amount of the membership dues.

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

19  committee of continuous existence from which the reporting

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

21  committee, committee of continuous existence, or political

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

23  the amounts and dates of all transfers.

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

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

26  amounts of all such funds.

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

28  candidate to whom the committee has made a contribution during

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

30  each contribution.

31

                                  7

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






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

  2  to the correctness of each report and shall bear the

  3  responsibility for its accuracy and veracity.  Any treasurer

  4  who willfully certifies to the correctness of a report while

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

  6  commits a misdemeanor of the first degree, punishable as

  7  provided in s. 775.082 or s. 775.083.

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

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

10  to a fine.  The fine shall be $500 per day for each late day,

11  not to exceed 25 percent of the total receipts or

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

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

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

15  Elections Commission Trust Fund.  No separate fine shall be

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

17  this section.

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

19  officer shall immediately notify the treasurer of the

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

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

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

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

24  of the committee. The filing officer shall determine the

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

26  following:

27         1.  When the report is actually received by such

28  officer.

29         2.  When the report is postmarked.

30         3.  When the certificate of mailing is dated.

31

                                  8

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         4.  When the receipt from an established courier

  2  company is dated.

  3

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

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

  6  made to the Florida Elections Commission pursuant to paragraph

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

  8  personally liable for such fine.

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

10  the fine, based upon unusual circumstances surrounding the

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

12  and shall be entitled to a hearing before the Florida

13  Elections Commission, which shall have the authority to waive

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

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

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

17  20-day period, notify the filing officer in writing of his or

18  her intention to bring the matter before the commission.

19         (d)  The filing officer shall notify the Florida

20  Elections Commission of the repeated late filing by a

21  committee of continuous existence, the failure of a committee

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

23  failure to pay the fine imposed.

24         Section 4.  Subsections (1), (2), and (3) and paragraph

25  (a) of subsection (4) of section 106.07, Florida Statutes, are

26  amended to read:

27         106.07  Reports; certification and filing.--

28         (1)  Each campaign treasurer designated by a candidate

29  or political committee pursuant to s. 106.021 shall file

30  regular reports of all contributions received, and all

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

                                  9

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  political committee in accordance with the deadlines and

  2  requirements set forth below:

  3         (a)  From the time the campaign treasurer is appointed,

  4  the reporting period shall be monthly, beginning on the 16th

  5  of each month and ending on the 15th of the ensuing month.

  6  Monthly reports shall be filed on the third business day after

  7  the close of each reporting period 10th day following the end

  8  of each calendar quarter from the time the campaign treasurer

  9  is appointed, except that, if the due date 10th day following

10  the end of a calendar quarter occurs on a Saturday, Sunday, or

11  legal holiday, the report shall be filed on the next following

12  day which is not a Saturday, Sunday, or legal holiday.

13  Quarterly reports shall include all contributions received and

14  expenditures made during the calendar quarter which have not

15  otherwise been reported pursuant to this section.

16         (b)(a)  Except as provided in paragraph (b), Following

17  the last day of qualifying for office, the reporting period

18  shall be weekly, beginning on Friday and ending on the ensuing

19  Thursday. Weekly reports shall be filed on the second business

20  day after the Thursday of each week, except that the last

21  report shall be filed on the Friday immediately preceding the

22  general election 32nd, 18th, and 4th days immediately

23  preceding the first primary and on the 18th and 4th days

24  immediately preceding the second primary and general election,

25  for a candidate who is opposed in seeking nomination or

26  election to any office, for a political committee, or for a

27  committee of continuous existence.

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

29  any statewide candidate who has requested to receive

30  contributions from the Election Campaign Financing Trust Fund

31  or any statewide candidate in a race with a candidate who has

                                  10

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  requested to receive contributions from the trust fund shall

  2  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

  3  to the first primary and general elections, and on the 4th,

  4  11th, 18th, and 25th days prior to the second primary.

  5         (c)  Notwithstanding paragraph (b), following the last

  6  day of qualifying for office, any unopposed candidate need

  7  only file a report within 90 days after the date such

  8  candidate became unopposed.  Such report shall contain all

  9  previously unreported contributions and expenditures as

10  required by this section and shall reflect disposition of

11  funds as required by s. 106.141.

12         (d)1.  When a special election is called to fill a

13  vacancy in office, all political committees and committees of

14  continuous existence making contributions or expenditures to

15  influence the results of such special election shall file

16  campaign treasurers' reports with the filing officer on the

17  dates set by the Department of State pursuant to s. 100.111.

18         2.  When an election is called for an issue to appear

19  on the ballot at a time when no candidates are scheduled to

20  appear on the ballot, all political committees making

21  contributions or expenditures in support of or in opposition

22  to such issue shall file reports on the 18th and 4th days

23  prior to such election.

24         (e)  Each report required to be filed under this

25  subsection shall include any contributions received or

26  expenditures made during any previous reporting period which

27  have not been reported.

28

29  The filing officer shall provide each candidate with a

30  schedule designating the beginning and end of reporting

31

                                  11

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  periods as well as the corresponding designated due dates

  2  designated in this subsection.

  3         (2)(a)  All reports required of a candidate by this

  4  section shall be filed with the officer before whom the

  5  candidate is required by law to qualify.  All candidates who

  6  file with the Department of State shall file the original and

  7  one copy of their reports.  In addition, a copy of each report

  8  for candidates for other than statewide office who qualify

  9  with the Department of State shall be filed with the

10  supervisor of elections in the county where the candidate

11  resides.  Reports shall be filed not later than 5 p.m. of the

12  day designated; however, any report postmarked by the United

13  States Postal Service no later than midnight of the day

14  designated shall be deemed to have been filed in a timely

15  manner. A certificate of mailing obtained from and dated by

16  the United States Postal Service at the time of mailing, or a

17  receipt from an established courier company, which bears a

18  date on or before the date on which the report is due, shall

19  be proof of mailing in a timely manner. Reports shall contain

20  information of all previously unreported contributions

21  received and expenditures made as of the preceding Friday,

22  except that the report filed on the Friday immediately

23  preceding the election shall contain information of all

24  previously unreported contributions received and expenditures

25  made as of the day preceding that designated due date.  All

26  such reports shall be open to public inspection.

27         (b)1.  Any report which is deemed to be incomplete by

28  the officer with whom the candidate qualifies shall be

29  accepted on a conditional basis, and the campaign treasurer

30  shall be notified by registered mail as to why the report is

31  incomplete and be given 3 days from receipt of such notice to

                                  12

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  file an addendum to the report providing all information

  2  necessary to complete the report in compliance with this

  3  section. Failure to file a complete report after such notice

  4  constitutes a violation of this chapter.

  5         2.  In lieu of the notice by registered mail as

  6  required in subparagraph 1., the qualifying officer may notify

  7  the campaign treasurer by telephone that the report is

  8  incomplete and request the information necessary to complete

  9  the report.  If, however, such information is not received by

10  the qualifying officer within 3 days of the telephone request

11  therefor, notice shall be sent by registered mail as provided

12  in subparagraph 1.

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

14  filed with the agency or officer before whom such committee

15  registers pursuant to s. 106.03(3) and shall be subject to the

16  same filing conditions as established for candidates' reports

17  under this section or as otherwise required by s. 106.0705.

18  Only committees that file with the Department of State shall

19  file the original and one copy of their reports.  Incomplete

20  reports by political committees shall be treated in the manner

21  provided for incomplete reports by candidates in subsection

22  (2).

23         (4)(a)  Each report required by this section shall

24  contain:

25         1.  The full name, address, and  occupation, if any of

26  each person who has made one or more contributions to or for

27  such committee or candidate within the reporting period,

28  together with the amount and date of such contributions. For

29  corporations, the report must provide as clear a description

30  as practicable of the principal type of business conducted by

31  the corporation.  However, if the contribution is $100 or less

                                  13

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  or is from a relative, as defined in s. 112.312, provided that

  2  the relationship is reported, the occupation of the

  3  contributor or the principal type of business need not be

  4  listed.

  5         2.  The name and address of each political committee

  6  from which the reporting committee or the candidate received,

  7  or to which the reporting committee or candidate made, any

  8  transfer of funds, together with the amounts and dates of all

  9  transfers.

10         3.  Each loan for campaign purposes to or from any

11  person or political committee within the reporting period,

12  together with the full names, addresses, and occupations, and

13  principal places of business, if any, of the lender and

14  endorsers, if any, and the date and amount of such loans.

15         4.  A statement of each contribution, rebate, refund,

16  or other receipt not otherwise listed under subparagraphs 1.

17  through 3.

18         5.  The total sums of all loans, in-kind contributions,

19  and other receipts by or for such committee or candidate

20  during the reporting period. The reporting forms shall be

21  designed to elicit separate totals for in-kind contributions,

22  loans, and other receipts.

23         6.  The full name and address of each person to whom

24  expenditures have been made by or on behalf of the committee

25  or candidate within the reporting period; the amount, date,

26  and purpose of each such expenditure; and the name and address

27  of, and office sought by, each candidate on whose behalf such

28  expenditure was made.  However, expenditures made from the

29  petty cash fund provided by s. 106.12 need not be reported

30  individually.

31

                                  14

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         7.  The full name and address of each person to whom an

  2  expenditure for personal services, salary, or reimbursement

  3  for authorized expenses has been made and which is not

  4  otherwise reported, including the amount, date, and purpose of

  5  such expenditure.  However, expenditures made from the petty

  6  cash fund provided for in s. 106.12 need not be reported

  7  individually.

  8         8.  The total amount withdrawn and the total amount

  9  spent for petty cash purposes pursuant to this chapter during

10  the reporting period.

11         9.  The total sum of expenditures made by such

12  committee or candidate during the reporting period.

13         10.  The amount and nature of debts and obligations

14  owed by or to the committee or candidate, which relate to the

15  conduct of any political campaign.

16         11.  A copy of each credit card statement which shall

17  be included in the next report following receipt thereof by

18  the candidate or political committee. Receipts for each credit

19  card purchase shall be retained by the treasurer with the

20  records for the campaign account.

21         12.  The amount and nature of any separate

22  interest-bearing accounts or certificates of deposit and

23  identification of the financial institution in which such

24  accounts or certificates of deposit are located.

25         (5)  The candidate and his or her campaign treasurer,

26  in the case of a candidate, or the political committee chair

27  and campaign treasurer of the committee, in the case of a

28  political committee, shall certify as to the correctness of

29  each report; and each person so certifying shall bear the

30  responsibility for the accuracy and veracity of each report.

31  Any campaign treasurer, candidate, or political committee

                                  15

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  chair who willfully certifies the correctness of any report

  2  while knowing that such report is incorrect, false, or

  3  incomplete commits a misdemeanor of the first degree,

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

  5         (8)(a)  Any candidate or political committee failing to

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

  7  fine as provided in paragraph (b) for each late day, and, in

  8  the case of a candidate, such fine shall be paid only from

  9  personal funds of the candidate.  The fine shall be assessed

10  by the filing officer and the moneys collected shall be

11  deposited:

12         1.  In the Elections Commission Trust Fund, in the case

13  of a candidate for state office or a political committee that

14  registers with the Division of Elections; or

15         2.  In the general revenue fund of the political

16  subdivision, in the case of a candidate for an office of a

17  political subdivision or a political committee that registers

18  with an officer of a political subdivision.

19

20  No separate fine shall be assessed for failure to file a copy

21  of any report required by this section.

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

23  officer shall immediately notify the candidate or chair of the

24  political committee as to the failure to file a report by the

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

26  late day.  The fine shall be $50 per day for the first 3 days

27  late and, thereafter, $500 per day for each late day, not to

28  exceed 25 percent of the total receipts or expenditures,

29  whichever is greater, for the period covered by the late

30  report.  However, for the reports immediately preceding each

31  primary and general election, the fine shall be $500 per day

                                  16

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  for each late day, not to exceed 25 percent of the total

  2  receipts or expenditures, whichever if greater, for the period

  3  covered by the late report. Upon receipt of the report, the

  4  filing officer shall determine the amount of the fine which is

  5  due and shall notify the candidate or chair.  The filing

  6  officer shall determine the amount of the fine due based upon

  7  the earliest of the following:

  8         1.  When the report is actually received by such

  9  officer.

10         2.  When the report is postmarked.

11         3.  When the certificate of mailing is dated.

12         4.  When the receipt from an established courier

13  company is dated.

14

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

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

17  made to the Florida Elections Commission pursuant to paragraph

18  (c).  In the case of a candidate, such fine shall not be an

19  allowable campaign expenditure and shall be paid only from

20  personal funds of the candidate.  An officer or member of a

21  political committee shall not be personally liable for such

22  fine.

23         (c)  Any candidate or chair of a political committee

24  may appeal or dispute the fine, based upon unusual

25  circumstances surrounding the failure to file on the

26  designated due date, and may request and shall be entitled to

27  a hearing before the Florida Elections Commission, which shall

28  have the authority to waive the fine in whole or in part.  Any

29  such request shall be made within 20 days after receipt of the

30  notice of payment due.  In such case, the candidate or chair

31  of the political committee shall, within the 20-day period,

                                  17

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  notify the filing officer in writing of his or her intention

  2  to bring the matter before the commission.

  3         (d)  The appropriate filing officer shall notify the

  4  Florida Elections Commission of the repeated late filing by a

  5  candidate or political committee, the failure of a candidate

  6  or political committee to file a report after notice, or the

  7  failure to pay the fine imposed.

  8         Section 5.  Section 106.0705, Florida Statutes, is

  9  created to read:

10         106.0705  Electronic filing of campaign treasurer's

11  reports.--

12         (1)(a)  Each candidate who is required to file reports

13  pursuant to s. 106.07 with the division and who accepts

14  contributions or makes expenditures in an aggregate amount in

15  excess of $10,000 for the office sought must file such reports

16  with the division by means of electronic transfer.

17         (b)  Each political committee, committee of continuous

18  existence, or state executive committee that is required to

19  file reports with the division under s. 106.04, s. 106.07, or

20  s. 106.29, as applicable, and that accepts contributions or

21  makes expenditures in an aggregate amount in excess of $10,000

22  in a calendar year must file such reports with the division by

23  means of electronic transfer.

24         (c)  Each person or organization that is required to

25  file reports with the division under s. 106.071(1)(b) or s.

26  106.073, as applicable, and that accepts contributions or

27  makes expenditures in an aggregate amount in excess of $10,000

28  in a calendar year must file such reports with the division by

29  means of electronic transfer.

30         (d)  Reports required to be filed pursuant to s.

31  106.04, s. 106.07, s. 106.071(1)(a), s. 106.073, or s. 106.29

                                  18

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  that are not subject to the electronic filing provisions of

  2  this section may be on forms provided by the division.

  3         (2)  Reports filed pursuant to this section shall be

  4  filed not later than 5 p.m. of the day designated.  Reports

  5  not received by 5 p.m. of the day designated are late filed

  6  and are subject to the penalties under s. 106.04(8), s.

  7  106.07(8), or s. 106.29(3), as applicable.

  8         (3)  Each report filed pursuant to this section is

  9  considered to be under oath by the person filing the report,

10  and such person is subject to the provisions of s.

11  106.04(4)(d), s. 106.07(5), or s. 106.29(2), as applicable.

12         (4)  The division shall adopt rules pursuant to ss.

13  120.536(1) and 120.54 to administer this section and provide

14  for the reports required to be filed pursuant to this section.

15  Such rules shall, at a minimum, provide that:

16         (a)  The division develop an electronic filing system

17  based on access by means of the Internet.

18         (b)  The electronic filing system be accessible by

19  anyone with Internet access using standard web-browsing

20  software.

21         (c)  The electronic filing system provide for direct

22  entry of campaign finance information as well as download of

23  such information from campaign finance software certified by

24  the division.

25         (d)  The electronic filing system provide a method that

26  verifies the identity of the person submitting the report.

27         (e)  The division provide for alternate filing

28  procedures in case of failure by the division's web server.

29         (f)  The division issue an electronic receipt to the

30  person submitting the report indicating and verifying that the

31  report has been filed and received.

                                  19

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         Section 6.  Section 106.071, Florida Statutes, is

  2  amended to read:

  3         106.071  Independent expenditures; reports;

  4  disclaimers.--

  5         (1)(a)  Each person who makes an independent

  6  expenditure with respect to any candidate or issue, which

  7  expenditure, in the aggregate, is in the amount of $100 or

  8  more, shall file periodic reports of such expenditures in the

  9  same manner, at the same time, and with the same officer as a

10  political committee supporting or opposing such candidate or

11  issue.  The report shall contain the full name and address of

12  each person to whom and for whom each such expenditure has

13  been made; the amount, date, and purpose of each such

14  expenditure; a description of the services or goods obtained

15  by each such expenditure; and the name and address of, and

16  office sought by, each candidate on whose behalf such

17  expenditure was made.

18         (b)  Notwithstanding paragraph (a), each person who

19  makes an independent expenditure with respect to any

20  candidate, which expenditure, in the aggregate, is in excess

21  of $1,000 and is made at any point during the period following

22  the last day of qualifying for that candidacy through the

23  ensuing general election, must report the expenditure within

24  24 hours after publication with the qualifying officer of the

25  candidate supported or opposed by the expenditure.  However,

26  any such expenditure published on the day of an election must

27  be reported on that day.  The report shall contain the same

28  information as is required of reports under paragraph (a).

29         (c)  Each report required under this subsection shall

30  be signed by the person submitting the report and certified as

31  true and correct, subject to the conditions and penalties

                                  20

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  prescribed in s. 106.07(5).  Any person failing to file a

  2  report on the designated due date shall be subject to a fine

  3  as provided in s. 106.07(8) for submitting late reports.

  4         (2)(a)  Any political advertisement paid for by an

  5  independent expenditure shall prominently state "Paid

  6  political advertisement paid for by ...(Name of person or

  7  committee paying for advertisement)... independently of any

  8  ...(candidate or committee)...," and shall contain the name

  9  and address of the person paying for the political

10  advertisement.

11         (b)(2)  Any person who fails to include the disclaimer

12  prescribed in paragraph (a) subsection (1) in any political

13  advertisement which is required to contain such disclaimer

14  commits is guilty of a misdemeanor of the first degree,

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

16         (3)  No person may make a contribution in excess of

17  $1,000 to any other person, to be used by such other person to

18  make an independent expenditure.

19         Section 7.  Section 106.073, Florida Statutes, is

20  created to read:

21         106.073  Issue advertisements; registration; reports;

22  disclaimers.--

23         (1)  For purposes of this section, the term "issue

24  advertisement" means a paid expression in any communications

25  media described in s. 106.011(13), whether radio, television,

26  newspaper, magazine, periodical, campaign literature, direct

27  mail, or display or by means other than the spoken word in

28  direct conversation, which does not specifically support or

29  oppose any candidate, elected public official, or issue, but

30  which does substantially mention or show a clearly

31  identifiable candidate for election or reelection and is

                                  21

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  distributed at any point during the period following the last

  2  day of qualifying for that candidacy through the ensuing

  3  general election and which, when examined by a reasonable

  4  person, would be understood as, and is therefore presumed to

  5  be, a communication made for the purpose of influencing the

  6  results of an election on that candidacy during that period,

  7  and for which aggregate expenditures on like advertisements

  8  exceed $1,000.

  9         (2)  Any nonprofit organization recognized under s.

10  501(c)(3) or s. 501(c)(6) of the Internal Revenue Code or

11  political organization recognized under s. 527 of the Internal

12  Revenue Code that engages in issue advertising in this state

13  must register with the division within 24 hours after

14  publication of any issue advertisement it has sponsored.  Such

15  organization shall provide the information required of

16  political committees under s. 106.03(2) and shall also file a

17  complete financial statement summarizing all income received,

18  and all expenses incurred, by the organization since the end

19  of its last completed fiscal year.

20         (3)(a)  An organization registered under this section

21  shall file regular reports of all contributions received or

22  expenditures made at the same times, subject to the same

23  filing conditions, and providing the same information as is

24  required by s. 106.07(1) and (2) for candidates' reports or as

25  otherwise required by s. 106.0705.

26         (b)  An organization registered or required to register

27  under this section shall file reports of such advertisements

28  within 24 hours after publication thereof with the qualifying

29  officer of the candidate mentioned or shown in the

30  advertisement.  However, any such expenditure published on the

31  day of an election must be reported on that day.  The report

                                  22

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  shall contain the full name and address of each person to whom

  2  payment for the advertisement has been made or obligated; the

  3  date and purpose of such advertisement; a description of the

  4  advertisement; and the name and address of, and office sought

  5  by, each candidate mentioned or shown in the advertisement.

  6         (c)  Each report required under this subsection shall

  7  be signed by the person submitting the report on behalf of the

  8  organization and certified as true and correct, subject to the

  9  conditions and penalties prescribed in s. 106.07(5).  Any

10  organization failing to file a report on the designated due

11  date shall be subject to a fine as provided in s. 106.07(8)

12  for submitting late reports.

13         (4)(a)  Any issue advertisement paid for by an

14  organization registered or required to register under this

15  section shall prominently state "Paid issue advertisement paid

16  for by ...(Name of organization paying for advertisement)...

17  and not paid for or authorized by ...(candidate)...," and

18  shall contain the name and address of the person paying for

19  the issue advertisement.

20         (b)  Any person who fails to include the disclaimer

21  prescribed in paragraph (a) in any issue advertisement which

22  is required to contain such disclaimer commits a misdemeanor

23  of the first degree, punishable as provided in s. 775.082 or

24  s. 775.083.

25         (5)  The division shall adopt rules pursuant to ss.

26  120.536(1) and 120.54 to implement the provisions of this

27  section.

28         Section 8.  Subsection (1) of section 106.12, Florida

29  Statutes, is amended to read:

30         106.12  Petty cash funds allowed.--

31

                                  23

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         (1)  Each campaign treasurer designated pursuant to s.

  2  106.021(1) for a candidate or political committee is

  3  authorized to withdraw from the primary campaign account,

  4  until the close of the last day for qualifying for office, the

  5  amount of $200 $500 per monthly calendar quarter reporting

  6  period for the purpose of providing a petty cash fund for the

  7  candidate or political committee.

  8         Section 9.  Subsection (1) of section 106.29, Florida

  9  Statutes, is amended to read:

10         106.29  Reports by political parties; restrictions on

11  contributions and expenditures; penalties.--

12         (1)  The state executive committee and each county

13  executive committee of each political party regulated by

14  chapter 103 shall file regular reports of all contributions

15  received and all expenditures made by such committee.  Such

16  reports shall contain the same information as do reports

17  required of candidates by s. 106.07 and shall be filed at the

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

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

20  as otherwise required by s. 106.0705 on the 10th day following

21  the end of each calendar quarter, except that, during the

22  period from the last day for candidate qualifying until the

23  general election, such reports shall be filed on the Friday

24  immediately preceding the first primary election, the second

25  primary election, and the general election.  Each state

26  executive committee shall file the original and one copy of

27  its reports with the Division of Elections.  Each county

28  executive committee shall file its reports with the supervisor

29  of elections in the county in which such committee exists.

30  Any state or county executive committee failing to file a

31  report on the designated due date shall be subject to a fine

                                  24

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  as provided in subsection (3).  No separate fine shall be

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

  3  this section.

  4         (2)  The chair and treasurer of each state or county

  5  executive committee shall certify as to the correctness of

  6  each report filed by them on behalf of such committee.  Any

  7  committee chair or treasurer who certifies the correctness of

  8  any report while knowing that such report is incorrect, false,

  9  or incomplete commits a felony of the third degree, punishable

10  as provided in s. 775.082, s. 775.083, or s. 775.084.

11         (3)(a)  Any state or county executive committee failing

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

13  to a fine as provided in paragraph (b) for each late day.  The

14  fine shall be assessed by the filing officer, and the moneys

15  collected shall be deposited in the Elections Commission Trust

16  Fund.

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

18  officer shall immediately notify the chair of the executive

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

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

21  The fine shall be $1,000 for a state executive committee, and

22  $50 for a county executive committee, per day for each late

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

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

25  the late report.  However, if an executive committee fails to

26  file a report on the Friday immediately preceding the general

27  election, the fine shall be $10,000 per day for each day a

28  state executive committee is late and $500 per day for each

29  day a county executive committee is late.  Upon receipt of the

30  report, the filing officer shall determine the amount of the

31  fine which is due and shall notify the chair.  The filing

                                  25

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  officer shall determine the amount of the fine due based upon

  2  the earliest of the following:

  3         1.  When the report is actually received by such

  4  officer.

  5         2.  When the report is postmarked.

  6         3.  When the certificate of mailing is dated.

  7         4.  When the receipt from an established courier

  8  company is dated.

  9

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

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

12  made to the Florida Elections Commission pursuant to paragraph

13  (c).  An officer or member of an executive committee shall not

14  be personally liable for such fine.

15         (c)  The chair of an executive committee may appeal or

16  dispute the fine, based upon unusual circumstances surrounding

17  the failure to file on the designated due date, and may

18  request and shall be entitled to a hearing before the Florida

19  Elections Commission, which shall have the authority to waive

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

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

22  such case, the chair of the executive committee shall, within

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

24  or her intention to bring the matter before the commission.

25         (d)  The appropriate filing officer shall notify the

26  Florida Elections Commission of the repeated late filing by an

27  executive committee, the failure of an executive committee to

28  file a report after notice, or the failure to pay the fine

29  imposed.

30         Section 10.  Subsection (2) of section 105.08, Florida

31  Statutes, is amended to read:

                                  26

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         105.08  Campaign contribution and expense; reporting.--

  2         (2)  Notwithstanding any other provision of this

  3  chapter or chapter 106, a candidate for retention as a justice

  4  or a judge who has not received any contribution or made any

  5  expenditure may file a sworn statement at the time of

  6  qualifying that he or she does not anticipate receiving

  7  contributions or making expenditures in connection with the

  8  candidacy for retention to office.  Such candidate shall file

  9  a final report pursuant to s. 106.141, within 90 days

10  following the general election for which the candidate's name

11  appeared on the ballot for retention. Any such candidate for

12  retention to judicial office who, after filing a statement

13  pursuant to this subsection, receives any contribution or

14  makes any expenditure in connection with the candidacy for

15  retention shall immediately file a statement to that effect

16  with the qualifying officer and shall begin filing reports as

17  an opposed candidate pursuant to s. 106.07 or s. 106.0705.

18         Section 11.  Subsection (2) of section 106.025, Florida

19  Statutes, is amended to read:

20         106.025  Campaign fund raisers.--

21         (2)  This section shall not apply to any campaign fund

22  raiser held on behalf of a political party by the state or

23  county executive committee of such party, provided that the

24  proceeds of such campaign fund raiser are reported pursuant to

25  s. 106.29 or s. 106.0705.

26         Section 12.  Paragraph (b) of subsection (2) of section

27  106.08, Florida Statutes, is amended to read:

28         106.08  Contributions; limitations on.--

29         (2)

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

31  campaign staff, professional consulting services, and

                                  27

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1  telephone calls are not contributions to be counted toward the

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

  3  identified in this paragraph as nonallocable is a contribution

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

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

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

  7  must be reported by the candidate under s. 106.07 or s.

  8  106.0705 and by the political party under s. 106.29 or s.

  9  106.0705.

10         Section 13.  Subsection (8) of section 106.141, Florida

11  Statutes, is amended to read:

12         106.141  Disposition of surplus funds by candidates.--

13         (8)  Any candidate elected to office who transfers

14  surplus campaign funds into an office account pursuant to

15  subsection (5) shall file a report each reporting period as

16  specified in s. 106.07 on the 10th day following the end of

17  each calendar quarter until the account is closed. Such

18  reports shall contain the name and address of each person to

19  whom any disbursement of funds was made, together with the

20  amount thereof and the purpose therefor, and the name and

21  address of any person from whom the elected candidate received

22  any refund or reimbursement and the amount thereof.  Such

23  reports shall be on forms prescribed by the Division of

24  Elections, signed by the elected candidate, certified as true

25  and correct, and filed with the officer with whom campaign

26  reports were filed pursuant to s. 106.07(2).

27         Section 14.  Subsection (3) of section 106.18, Florida

28  Statutes, is amended to read:

29         106.18  When a candidate's name to be omitted from

30  ballot.--

31

                                  28

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






    Florida House of Representatives - 2001                 HB 273

    793-103-01






  1         (3)  No certificate of election shall be granted to any

  2  candidate until all preelection reports required by s. 106.07

  3  or s. 106.0705 have been filed in accordance with the

  4  provisions of such section. However, no candidate shall be

  5  prevented from receiving a certificate of election for failure

  6  to file any copy of a report required by this chapter.

  7         Section 15.  Except as otherwise provided herein, this

  8  act shall take effect October 1, 2001.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Amends various reporting requirements under the Florida
13    Election Code.  Modifies the definition of "political
      committee."  Requires additional information for
14    registration of political committees and certification of
      committees of continuous existence.  Requires membership
15    dues of committees of continuous existence to be reported
      in the same manner as regular contributions.  Removes
16    requirement of committees of continuous existence to
      provide a membership list for inspection purposes.
17    Removes requirement for filing duplicate copies of
      reports.  Revises reporting periods and requirements.
18    Requires reports that are to be filed with the Division
      of Elections to be filed electronically when aggregate
19    contributions or expenditures exceed a specified amount.
      Revises provisions relating to the reporting of certain
20    independent expenditures.  Requires certain organizations
      that sponsor issue advertisements to register under
21    certain circumstances and to submit regular contribution
      and expenditure reports.  Provides requirements for such
22    advertisements, including a disclaimer.  Revises the
      petty cash fund limit to conform to the revised reporting
23    periods.  See bill for details.

24

25

26

27

28

29

30

31

                                  29

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