House Bill hb0273c1
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    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
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  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
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  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.
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  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.--
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  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.
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  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
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  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
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  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
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  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
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  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
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  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
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  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.
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  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
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  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
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  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
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  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
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  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
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  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.
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  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.
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  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
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  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).
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  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
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  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
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  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
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  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.--
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  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
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  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
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  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
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  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.--
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  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
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  1         Section 16.  Except as otherwise provided herein, this
  2  act shall take effect October 1, 2001.
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