House Bill hb0273c1

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




    Florida House of Representatives - 2001              CS/HB 273

        By the Committee on Rules, Ethics & Elections and
    Representatives Ross and Goodlette





  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 definitions of "political

  5         committee" and "communications media"; amending

  6         s. 106.03, F.S.; requiring additional

  7         information for registration of political

  8         committees; amending s. 106.04, F.S.; requiring

  9         additional information for certification of

10         committees of continuous existence; revising

11         reporting periods and requirements; requiring

12         electronic filing under certain circumstances;

13         requiring membership dues of committees of

14         continuous existence to be reported in the same

15         manner as regular contributions; removing

16         requirement to provide a membership list for

17         inspection purposes; removing requirement for

18         filing duplicate copies of reports; providing

19         penalties; amending s. 106.07, F.S., relating

20         to campaign treasurer's reports; revising

21         reporting periods and requirements; removing

22         requirement for duplicate reports; providing

23         penalties; creating s. 106.0705, F.S.;

24         requiring campaign treasurer's reports that are

25         to be filed with the Division of Elections to

26         be filed electronically when aggregate

27         contributions or expenditures exceed a

28         specified amount; providing filing

29         requirements; providing penalties; providing

30         rulemaking authority; amending s. 106.071,

31         F.S.; revising provisions relating to the

                                  1

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         reporting of certain independent expenditures;

  2         providing penalties; creating s. 106.073, F.S.;

  3         requiring certain organizations that sponsor

  4         campaign-related advertisements to register

  5         under certain circumstances; providing a

  6         definition; requiring certain reports;

  7         providing requirements for such advertisements,

  8         including a disclaimer; providing penalties;

  9         providing rulemaking authority; amending s.

10         106.12, F.S.; revising the petty cash fund

11         limit to conform to the revised reporting

12         periods; amending s. 106.29, F.S., relating to

13         reports by political parties; requiring

14         electronic filing under certain circumstances;

15         removing requirement for duplicate reports;

16         providing penalties; amending ss. 105.08,

17         106.025, 106.08, 106.141, and 106.18, F.S.,

18         relating to reporting requirements applicable

19         to candidates for retention to judicial office,

20         campaign fund raisers held on behalf of a

21         political party by its state or county

22         executive committee, nonallocable, in-kind

23         contributions by candidates and political

24         parties, disposition of surplus funds by

25         candidates, and the granting of certificates of

26         election, to conform; providing severability;

27         providing effective dates.

28

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

30

31

                                  2

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  subsections (1) and (13) of section 106.011, Florida Statutes,

  3  are amended to read:

  4         106.011  Definitions.--As used in this chapter, the

  5  following terms have the following meanings unless the context

  6  clearly indicates otherwise:

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

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

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

10  in excess of $500 during a calendar year:

11         a.  Accepts contributions for the purpose of making

12  contributions to any candidate, political committee, committee

13  of continuous existence, or political party;

14         b.  Accepts contributions for the purpose of expressly

15  advocating the election or defeat of a candidate or the

16  passage or defeat of an issue;

17         c.  Makes expenditures for the purpose of expressly

18  advocating the election or defeat of a candidate or the

19  passage or defeat of an issue; or

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

21  joint checking account between spouses, from which

22  contributions are made to any candidate, political committee,

23  committee of continuous existence, or political party. the

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

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

26  contributions or makes expenditures during a calendar year in

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

28  also means

29         2.  The sponsor of a proposed constitutional amendment

30  by initiative who intends to seek the signatures of registered

31  electors.

                                  3

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  entities shall not be considered political committees for

  3  purposes of this chapter:

  4         1.  Organizations which are certified by the Department

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

  6  106.04, national political parties, and the state and county

  7  executive committees of political parties regulated by chapter

  8  103 shall not be considered political committees for the

  9  purposes of this chapter.

10         2.  Corporations regulated by chapter 607 or chapter

11  617 or other business entities formed for purposes other than

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

13  committees if their political activities are limited to

14  contributions to candidates, political parties, or political

15  committees or expenditures in support of or opposition to an

16  issue from corporate or business funds and if no contributions

17  are received by such corporations or business entities.

18         (13)  "Communications media" means broadcasting

19  stations, newspapers, magazines, outdoor advertising

20  facilities, printers, direct mailing companies, advertising

21  agencies, the Internet, and telephone companies; but with

22  respect to telephones, an expenditure shall be deemed to be an

23  expenditure for the use of communications media only if made

24  for the costs of telephones, paid telephonists, or automatic

25  telephone equipment to be used by a candidate or a political

26  committee to communicate with potential voters but excluding

27  any costs of telephones incurred by a volunteer for use of

28  telephones by such volunteer.

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

30  Statutes, is amended to read:

31         106.03  Registration of political committees.--

                                  4

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         (2)  The statement of organization shall include:

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

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

  4  affiliated or connected organizations;

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

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

  7  employer of the custodian of books and accounts;

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

  9  employer of each other principal officer officers, including

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

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

12  affiliation of:

13         1.  Each candidate whom the committee is supporting;

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

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

16  public office whatever;

17         (g)  Any issue or issues such organization is

18  supporting or opposing;

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

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

21  party;

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

23  continuing one;

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

25  will be made in the event of dissolution;

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

27  other depositories used for committee funds; and

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

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

30  addresses, and positions of such officials.

31

                                  5

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  Florida Statutes, are amended to read:

  3         106.04  Committees of continuous existence.--

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

  5  entity may seek certification from the Department of State as

  6  a committee of continuous existence by filing an application

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

  8  division. Such application shall provide the information

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

10  application shall be accompanied by the name and street

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

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

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

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

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

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

17  the organization during the 12 months preceding the date of

18  application.  A membership list shall be made available for

19  inspection if deemed necessary by the division.

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

21  file an annual report with the Division of Elections during

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

23  same information and shall be accompanied by the same

24  materials as original applications filed pursuant to

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

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

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

28  bylaws since the last filing.

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

30  file regular reports with the Division of Elections at the

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

                                  6

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  required of political committees or as otherwise required by

  3  s. 106.0705.

  4         2.  Any committee of continuous existence failing to so

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

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

  7  fine for late filing as provided by this section.

  8         (c)  All committees of continuous existence shall file

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

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

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

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

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

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

15  such duplicate report is required to be filed with the

16  supervisor.  Reports shall be on forms provided by the

17  division and shall contain the following information:

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

19  person who has made one or more contributions, including

20  contributions which represent the payment of membership dues,

21  to the committee during the reporting period, together with

22  the amounts and dates of such contributions.  For

23  corporations, the report must provide as clear a description

24  as practicable of the principal type of business conducted by

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

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

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

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

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

30  Elections, only the aggregate amount of such contributions

31

                                  7

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  such dues and the amount of the membership dues.

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

  4  committee of continuous existence from which the reporting

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

  6  committee, committee of continuous existence, or political

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

  8  the amounts and dates of all transfers.

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

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

11  amounts of all such funds.

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

13  candidate to whom the committee has made a contribution during

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

15  each contribution.

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

17  to the correctness of each report and shall bear the

18  responsibility for its accuracy and veracity.  Any treasurer

19  who willfully certifies to the correctness of a report while

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

21  commits a misdemeanor of the first degree, punishable as

22  provided in s. 775.082 or s. 775.083.

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

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

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

26  not to exceed 25 percent of the total receipts or

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

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

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

30  Elections Commission Trust Fund.  No separate fine shall be

31

                                  8

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  this section.

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

  4  officer shall immediately notify the treasurer of the

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

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

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

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

  9  of the committee. The filing officer shall determine the

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

11  following:

12         1.  When the report is actually received by such

13  officer.

14         2.  When the report is postmarked.

15         3.  When the certificate of mailing is dated.

16         4.  When the receipt from an established courier

17  company is dated.

18

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

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

21  made to the Florida Elections Commission pursuant to paragraph

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

23  personally liable for such fine.

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

25  the fine, based upon unusual circumstances surrounding the

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

27  and shall be entitled to a hearing before the Florida

28  Elections Commission, which shall have the authority to waive

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

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

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

                                  9

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  20-day period, notify the filing officer in writing of his or

  2  her intention to bring the matter before the commission.

  3         (d)  The filing officer shall notify the Florida

  4  Elections Commission of the repeated late filing by a

  5  committee of continuous existence, the failure of a committee

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

  7  failure to pay the fine imposed.

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

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

10  amended to read:

11         106.07  Reports; certification and filing.--

12         (1)(a)  Each campaign treasurer designated by a

13  candidate or political committee pursuant to s. 106.021 shall

14  file regular reports of all contributions received, and all

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

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

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

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

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

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

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

22  holiday.  Quarterly reports shall include all contributions

23  received and expenditures made during the calendar quarter

24  which have not otherwise been reported pursuant to this

25  section.

26         1.(a)  Except as provided in subparagraph 2. paragraph

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

28  reports shall be filed on the 32nd, 18th, and 4th days

29  immediately preceding the first primary and on the 18th and

30  4th days immediately preceding the second primary and general

31  election, for a candidate who is opposed in seeking nomination

                                  10

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  committee of continuous existence.

  3         2.(b)  Following the last day of qualifying for office,

  4  any statewide candidate who has requested to receive

  5  contributions from the Election Campaign Financing Trust Fund

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

  7  requested to receive contributions from the trust fund shall

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

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

10  11th, 18th, and 25th days prior to the second primary.

11         3.(c)  Following the last day of qualifying for office,

12  any unopposed candidate need only file a report within 90 days

13  after the date such candidate became unopposed.  Such report

14  shall contain all previously unreported contributions and

15  expenditures as required by this section and shall reflect

16  disposition of funds as required by s. 106.141.

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

18  vacancy in office, all political committees and committees of

19  continuous existence making contributions or expenditures to

20  influence the results of such special election shall file

21  campaign treasurers' reports with the filing officer on the

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

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

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

25  appear on the ballot, all political committees making

26  contributions or expenditures in support of or in opposition

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

28  prior to such election.

29         (b)  Each campaign treasurer designated by a political

30  committee pursuant to s. 106.021 shall file regular reports of

31  all contributions received, and all expenditures made, by or

                                  11

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  on behalf of such political committee in accordance with the

  2  deadlines and requirements set forth below:

  3         1.  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, except that, if the due

  8  date occurs on a Saturday, Sunday, or legal holiday, the

  9  report shall be filed on the next following day which is not a

10  Saturday, Sunday, or legal holiday.

11         2.  Following the last day of qualifying for office,

12  the reporting period shall be weekly, beginning on Friday and

13  ending on the ensuing Thursday.  Weekly reports shall be filed

14  on the second business day after the Thursday of each week,

15  except that the last report shall be filed on the Friday

16  immediately preceding the general election.

17         3.  When an election is called for an issue to appear

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

19  appear on the ballot, all political committees making

20  contributions or expenditures in support of or in opposition

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

22  prior to such election.

23         (c)  Each report required to be filed under paragraph

24  (a) or paragraph (b) shall include any contributions received

25  or expenditures made during any previous reporting period

26  which have not been reported.

27         (d)(e)  The filing officer shall provide each candidate

28  and committee with a schedule designating the beginning and

29  end of the reporting periods as well as the corresponding

30  designated due dates designated in this subsection.

31

                                  12

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  section shall be filed with the officer before whom the

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

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

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

  6  for candidates for other than statewide office who qualify

  7  with the Department of State shall be filed with the

  8  supervisor of elections in the county where the candidate

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

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

11  States Postal Service no later than midnight of the day

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

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

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

15  receipt from an established courier company, which bears a

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

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

18  information of all previously unreported contributions

19  received and expenditures made as of the preceding Friday,

20  except that the report filed on the Friday immediately

21  preceding the election shall contain information of all

22  previously unreported contributions received and expenditures

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

24  such reports shall be open to public inspection.

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

26  the officer with whom the candidate qualifies shall be

27  accepted on a conditional basis, and the campaign treasurer

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

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

30  file an addendum to the report providing all information

31  necessary to complete the report in compliance with this

                                  13

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  constitutes a violation of this chapter.

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

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

  5  the campaign treasurer by telephone that the report is

  6  incomplete and request the information necessary to complete

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

  8  the qualifying officer within 3 days of the telephone request

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

10  in subparagraph 1.

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

12  filed with the agency or officer before whom such committee

13  registers pursuant to s. 106.03(3) and, except for the filing

14  due dates established in paragraph (1)(b), shall be subject to

15  the same filing conditions as established for candidates'

16  reports under this section or as otherwise required by s.

17  106.0705.  Only committees that file with the Department of

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

19  Incomplete reports by political committees shall be treated in

20  the manner provided for incomplete reports by candidates in

21  subsection (2).

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

23  contain:

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

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

26  such committee or candidate within the reporting period,

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

28  corporations, the report must provide as clear a description

29  as practicable of the principal type of business conducted by

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

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

                                  14

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  the relationship is reported, the occupation of the

  2  contributor or the principal type of business need not be

  3  listed.

  4         2.  The name and address of each political committee

  5  from which the reporting committee or the candidate received,

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

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

  8  transfers.

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

10  person or political committee within the reporting period,

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

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

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

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

15  or other receipt not otherwise listed under subparagraphs 1.

16  through 3.

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

18  and other receipts by or for such committee or candidate

19  during the reporting period. The reporting forms shall be

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

21  loans, and other receipts.

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

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

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

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

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

27  expenditure was made.  However, expenditures made from the

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

29  individually.

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

31  expenditure for personal services, salary, or reimbursement

                                  15

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  for authorized expenses has been made and which is not

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

  3  such expenditure.  However, expenditures made from the petty

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

  5  individually.

  6         8.  The total amount withdrawn and the total amount

  7  spent for petty cash purposes pursuant to this chapter during

  8  the reporting period.

  9         9.  The total sum of expenditures made by such

10  committee or candidate during the reporting period.

11         10.  The amount and nature of debts and obligations

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

13  conduct of any political campaign.

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

15  be included in the next report following receipt thereof by

16  the candidate or political committee. Receipts for each credit

17  card purchase shall be retained by the treasurer with the

18  records for the campaign account.

19         12.  The amount and nature of any separate

20  interest-bearing accounts or certificates of deposit and

21  identification of the financial institution in which such

22  accounts or certificates of deposit are located.

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

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

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

26  political committee, shall certify as to the correctness of

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

28  responsibility for the accuracy and veracity of each report.

29  Any campaign treasurer, candidate, or political committee

30  chair who willfully certifies the correctness of any report

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

                                  16

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  incomplete commits a misdemeanor of the first degree,

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

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

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

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

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

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

  8  by the filing officer and the moneys collected shall be

  9  deposited:

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

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

12  registers with the Division of Elections; or

13         2.  In the general revenue fund of the political

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

15  political subdivision or a political committee that registers

16  with an officer of a political subdivision.

17

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

19  of any report required by this section.

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

21  officer shall immediately notify the candidate or chair of the

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

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

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

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

26  exceed 25 percent of the total receipts or expenditures,

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

28  report.  However, for the reports immediately preceding each

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

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

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

                                  17

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

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

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

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

  5  the earliest of the following:

  6         1.  When the report is actually received by such

  7  officer.

  8         2.  When the report is postmarked.

  9         3.  When the certificate of mailing is dated.

10         4.  When the receipt from an established courier

11  company is dated.

12

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

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

15  made to the Florida Elections Commission pursuant to paragraph

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

17  allowable campaign expenditure and shall be paid only from

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

19  political committee shall not be personally liable for such

20  fine.

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

22  may appeal or dispute the fine, based upon unusual

23  circumstances surrounding the failure to file on the

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

25  a hearing before the Florida Elections Commission, which shall

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

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

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

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

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

31  to bring the matter before the commission.

                                  18

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         (d)  The appropriate filing officer shall notify the

  2  Florida Elections Commission of the repeated late filing by a

  3  candidate or political committee, the failure of a candidate

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

  5  failure to pay the fine imposed.

  6         Section 5.  Section 106.0705, Florida Statutes, is

  7  created to read:

  8         106.0705  Electronic filing of campaign treasurer's

  9  reports.--

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

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

12  contributions or makes expenditures in an aggregate amount in

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

14  with the division by means of electronic transfer.

15         (b)  Each political committee, committee of continuous

16  existence, or state executive committee that is required to

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

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

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

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

21  means of electronic transfer.

22         (c)  Reports required to be filed pursuant to s.

23  106.04, s. 106.07, or s. 106.29 that are not subject to the

24  electronic filing provisions of this section may be on forms

25  provided by the division.

26         (2)(a)  Except as provided in paragraph (b), reports

27  filed pursuant to this section shall be filed not later than 5

28  p.m. of the day designated.  Reports not received by 5 p.m. of

29  the day designated as required are late filed and are subject

30  to the penalties provided in s. 106.04(8), s. 106.07(8), or s.

31  106.29(3), as applicable.

                                  19

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         (b)  Statewide candidates who have requested to receive

  2  contributions under the provisions of the Florida Election

  3  Campaign Financing Act and statewide candidates in races with

  4  candidates who have requested to receive contributions under

  5  such act shall file their last reports not later than noon on

  6  the Friday immediately preceding the general election. Reports

  7  not received by noon of that day as required are late filed

  8  and are subject to the penalties provided in s. 106.07(8).

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

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

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

12  106.04(4)(d), s. 106.07(5), or s. 106.29(2), as applicable.

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

14  120.536(1) and 120.54 to administer this section and provide

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

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

17         (a)  The division develop an electronic filing system

18  based on access by means of the Internet.

19         (b)  The electronic filing system be accessible by

20  anyone with Internet access using standard web-browsing

21  software.

22         (c)  The electronic filing system provide for direct

23  entry of campaign finance information as well as download of

24  such information from campaign finance software certified by

25  the division.

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

27  verifies the identity of the person submitting the report.

28         (e)  The division provide for alternate filing

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

30

31

                                  20

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  person submitting the report indicating and verifying that the

  3  report has been filed and received.

  4         Section 6.  Section 106.071, Florida Statutes, is

  5  amended to read:

  6         106.071  Independent expenditures; reports;

  7  disclaimers.--

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

  9  expenditure with respect to any candidate or issue, which

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

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

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

13  political committee supporting or opposing such candidate or

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

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

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

17  expenditure; a description of the services or goods obtained

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

19  office sought by, each candidate on whose behalf such

20  expenditure was made.

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

22  makes an independent expenditure with respect to any

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

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

25  the last day of qualifying for that candidacy through the

26  ensuing general election, must report the expenditure within

27  24 hours after publication with the qualifying officer of the

28  candidate supported or opposed by the expenditure.  However,

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

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

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

                                  21

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         (c)  Each report required under this subsection shall

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

  3  true and correct, subject to the conditions and penalties

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

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

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

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

  8  independent expenditure shall prominently state "Paid

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

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

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

12  and address of the person paying for the political

13  advertisement.

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

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

16  advertisement which is required to contain such disclaimer

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

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

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

20  $1,000 to any other person, to be used by such other person to

21  make an independent expenditure.

22         Section 7.  Section 106.073, Florida Statutes, is

23  created to read:

24         106.073  Campaign-related advertisements; registration;

25  reports; disclaimers.--

26         (1)  For purposes of this section, the term

27  "campaign-related advertisement" means a paid expression in

28  any communications media described in s. 106.011(13), whether

29  radio, television, newspaper, magazine, periodical, campaign

30  literature, direct mail, the Internet, or display or by means

31  other than the spoken word in direct conversation, which does

                                  22

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  not specifically support or oppose any candidate, elected

  2  public official, or issue, but which does substantially

  3  mention or show a clearly identifiable candidate for election

  4  or reelection, is distributed at any point during the period

  5  following the last day of qualifying for that candidacy

  6  through the ensuing general election, and is distributed

  7  within the geographic location represented by the office

  8  sought by the candidate mentioned or shown and which, when

  9  examined by a reasonable person, would be understood as, and

10  is therefore presumed to be, a communication made for the

11  purpose of influencing the results of an election on that

12  candidacy during that period, and for which aggregate

13  expenditures on like advertisements exceed $1,000.  However,

14  "campaign-related advertisement" does not include editorial

15  endorsements by any newspaper, radio or television station, or

16  other recognized news medium.

17         (2)  Any for-profit or not-for-profit organization,

18  including those recognized under s. 501(c) of the Internal

19  Revenue Code, or political organization recognized under s.

20  527 of the Internal Revenue Code that engages in

21  campaign-related advertising must register with the filing

22  officer with whom the candidate mentioned or shown has

23  qualified within 24 hours after publication of any

24  campaign-related advertisement it has sponsored.  Such

25  organization shall provide the information required of

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

27  complete financial statement summarizing all income received,

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

29  of its last completed fiscal year.

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

31  shall file regular reports with the filing officer of all

                                  23

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  funds received at the same times, subject to the same filing

  2  conditions, and providing the same information as is required

  3  by s. 106.07 for reports required of political committees.

  4         (b)  Any organization registered or required to

  5  register under this section shall file a report of each

  6  campaign-related advertisement within 24 hours after initial

  7  publication thereof, or upon any change of information

  8  required by such report, with the filing officer.  However,

  9  for any campaign-related advertisement published on the day of

10  an election, the report shall be filed on that day.  The

11  report shall contain the full name and address of each person

12  to whom payment for the advertisement has been made or

13  obligated; the date and purpose of such advertisement; a

14  description of the advertisement; and the name and address of,

15  and office sought by, each candidate mentioned or shown in the

16  advertisement.

17         (c)  Each report required under this subsection shall

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

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

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

21  organization failing to file a report on the designated due

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

23  for submitting late reports.

24         (4)(a)  Any campaign-related advertisement paid for by

25  an organization registered or required to register under this

26  section shall prominently state "Paid campaign-related

27  advertisement paid for by ...(insert name of organization

28  paying for advertisement)... and not paid for or authorized by

29  ...(insert name of candidate mentioned or shown)...," and

30  shall contain the name and address of the organization paying

31  for the campaign-related advertisement.  However, any

                                  24

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  campaign-related advertisement made by means of a telephone

  2  call must state either "Paid for by ...(insert name of

  3  organization sponsoring the call)..." or "Paid for on behalf

  4  of ...(insert name of organization authorizing call)...."

  5         (b)  The person responsible for submitting reports on

  6  behalf of an organization registered or required to register

  7  under this section shall be responsible for including the

  8  disclaimer required under paragraph (a).  Any such person who

  9  willfully fails to include the disclaimer in any

10  campaign-related advertisement which is required to contain

11  such disclaimer shall be liable for a civil fine of up to

12  $5,000 to be determined by the Florida Elections Commission or

13  the entire amount of the expenditure not noticed, whichever is

14  greater.

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

16  120.536(1) and 120.54 to implement of the provisions of this

17  section.

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

19  Statutes, is amended to read:

20         106.12  Petty cash funds allowed.--

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

22  106.021(1) for a candidate or political committee is

23  authorized to withdraw from the primary campaign account,

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

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

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

27  candidate or political committee.

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

29  Statutes, is amended to read:

30         106.29  Reports by political parties; restrictions on

31  contributions and expenditures; penalties.--

                                  25

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         (1)  The state executive committee and each county

  2  executive committee of each political party regulated by

  3  chapter 103 shall file regular reports of all contributions

  4  received and all expenditures made by such committee.  Such

  5  reports shall contain the same information as do reports

  6  required of candidates by s. 106.07 and shall be filed on the

  7  10th day following the end of each calendar quarter, except

  8  that, during the period from the last day for candidate

  9  qualifying until the general election, such reports shall be

10  filed on the Friday immediately preceding the first primary

11  election, the second primary election, and the general

12  election, except as otherwise provided by s. 106.0705. Each

13  state executive committee shall file the original and one copy

14  of its reports with the Division of Elections. Each county

15  executive committee shall file its reports with the supervisor

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

17  Any state or county executive committee failing to file a

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

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

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

21  this section.

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

23  executive committee shall certify as to the correctness of

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

25  committee chair or treasurer who certifies the correctness of

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

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

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

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

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

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

                                  26

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  collected shall be deposited in the Elections Commission Trust

  3  Fund.

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

  5  officer shall immediately notify the chair of the executive

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

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

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

  9  $50 for a county executive committee, per day for each late

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

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

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

13  file a report on the Friday immediately preceding the general

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

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

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

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

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

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

20  the earliest of the following:

21         1.  When the report is actually received by such

22  officer.

23         2.  When the report is postmarked.

24         3.  When the certificate of mailing is dated.

25         4.  When the receipt from an established courier

26  company is dated.

27

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

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

30  made to the Florida Elections Commission pursuant to paragraph

31

                                  27

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






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

  2  be personally liable for such fine.

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

  4  dispute the fine, based upon unusual circumstances surrounding

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

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

  7  Elections Commission, which shall have the authority to waive

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

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

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

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

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

13         (d)  The appropriate filing officer shall notify the

14  Florida Elections Commission of the repeated late filing by an

15  executive committee, the failure of an executive committee to

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

17  imposed.

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

19  Statutes, is amended to read:

20         105.08  Campaign contribution and expense; reporting.--

21         (2)  Notwithstanding any other provision of this

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

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

24  expenditure may file a sworn statement at the time of

25  qualifying that he or she does not anticipate receiving

26  contributions or making expenditures in connection with the

27  candidacy for retention to office.  Such candidate shall file

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

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

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

31  retention to judicial office who, after filing a statement

                                  28

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1  pursuant to this subsection, receives any contribution or

  2  makes any expenditure in connection with the candidacy for

  3  retention shall immediately file a statement to that effect

  4  with the qualifying officer and shall begin filing reports as

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

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

  7  Statutes, is amended to read:

  8         106.025  Campaign fund raisers.--

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

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

11  county executive committee of such party, provided that the

12  proceeds of such campaign fund raiser are reported pursuant to

13  s. 106.29 or s. 106.0705.

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

15  106.08, Florida Statutes, is amended to read:

16         106.08  Contributions; limitations on.--

17         (2)

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

19  campaign staff, professional consulting services, and

20  telephone calls are not contributions to be counted toward the

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

22  identified in this paragraph as nonallocable is a contribution

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

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

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

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

27  106.0705 and by the political party under s. 106.29 or s.

28  106.0705.

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

30  Statutes, is amended to read:

31         106.141  Disposition of surplus funds by candidates.--

                                  29

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         (8)  Any candidate elected to office who transfers

  2  surplus campaign funds into an office account pursuant to

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

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

  5  each calendar quarter until the account is closed. Such

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

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

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

  9  address of any person from whom the elected candidate received

10  any refund or reimbursement and the amount thereof.  Such

11  reports shall be on forms prescribed by the Division of

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

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

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

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

16  Statutes, is amended to read:

17         106.18  When a candidate's name to be omitted from

18  ballot.--

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

20  candidate until all preelection reports required by s. 106.07

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

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

23  prevented from receiving a certificate of election for failure

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

25         Section 15.  If any provision of this act or the

26  application thereof to any person or circumstance is held

27  invalid, the invalidity shall not affect other provisions or

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

29  invalid provision or application, and to this end the

30  provisions of this act are declared severable.

31

                                  30

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






    Florida House of Representatives - 2001              CS/HB 273

    168-382-01






  1         Section 16.  Except as otherwise provided herein, this

  2  act shall take effect October 1, 2001.

  3

  4

  5

  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

                                  31

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