House Bill hb0741

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    Florida House of Representatives - 2001                 HB 741

        By Representative Diaz de la Portilla






  1                      A bill to be entitled

  2         An act relating to campaign financing; amending

  3         s. 106.08, F.S.; providing that only

  4         individuals may contribute to candidates for

  5         election to or retention in office; raising the

  6         contribution limits; eliminating limits on

  7         contributions to political committees;

  8         providing penalties; amending ss. 106.011,

  9         106.021, 106.04, 106.06, 106.07, and 106.071,

10         F.S., relating to the definition of "political

11         committee," the appointment and duties of

12         campaign treasurers, the contributions of

13         committees of continuous existence, the

14         inspection of campaign accounts, the contents

15         of campaign finance reports, and the filing of

16         independent expenditures, to conform;

17         reenacting ss. 106.075(2) and 106.19(1)(a),

18         F.S., relating to the limitation on

19         contributions to pay loans and the penalty for

20         acceptance of excess contributions, to

21         incorporate the amendment to s. 106.08, F.S.,

22         in references thereto; amending s. 106.1437,

23         F.S.; prohibiting advertisements intending to

24         influence public policy or the vote of a public

25         official from mentioning, showing, or using the

26         voice of any candidate for office during a

27         specified period preceding the general

28         election; providing for a civil fine; amending

29         ss. 420.503 and 420.512, F.S.; eliminating

30         provisions regulating or prohibiting campaign

31         contributions for the offices of Governor and

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  1         member of the Cabinet sitting on the State

  2         Board of Administration from service providers

  3         under the Florida Housing Finance Corporation

  4         Act; repealing ss. 106.082, 627.0623, and

  5         655.019, F.S., to eliminate provisions

  6         regulating campaign contributions for the

  7         offices of Commissioner of Agriculture,

  8         Treasurer, and Comptroller from persons or

  9         entities regulated by such officers; providing

10         an effective date.

11

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

13

14         Section 1.  Subsection (1) of section 106.011, Florida

15  Statutes, is amended to read:

16         106.011  Definitions.--As used in this chapter, the

17  following terms have the following meanings unless the context

18  clearly indicates otherwise:

19         (1)  "Political committee" means a combination of two

20  or more individuals, or a person other than an individual, the

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

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

23  contributions or makes expenditures during a calendar year in

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

25  also means the sponsor of a proposed constitutional amendment

26  by initiative who intends to seek the signatures of registered

27  electors. Organizations which are certified by the Department

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

29  106.04, national political parties, and the state and county

30  executive committees of political parties regulated by chapter

31  103 shall not be considered political committees for the

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  1  purposes of this chapter. Corporations regulated by chapter

  2  607 or chapter 617 or other business entities formed for

  3  purposes other than to support or oppose issues or candidates

  4  are not political committees if their political activities are

  5  limited to contributions to candidates, political parties, or

  6  political committees or expenditures in support of or

  7  opposition to an issue from corporate or business funds and if

  8  no contributions are received by such corporations or business

  9  entities.

10         Section 2.  Subsections (1) and (3) of section 106.021,

11  Florida Statutes, are amended to read:

12         106.021  Campaign treasurers; deputies; primary and

13  secondary depositories.--

14         (1)(a)  Each candidate for nomination or election to

15  office and each political committee shall appoint a campaign

16  treasurer. Each person who seeks to qualify for nomination or

17  election to, or retention in, office shall appoint a campaign

18  treasurer and designate a primary campaign depository prior to

19  qualifying for office.  Any person who seeks to qualify for

20  election or nomination to any office by means of the

21  petitioning process shall appoint a treasurer and designate a

22  primary depository on or before the date he or she obtains the

23  petitions.  Each candidate shall at the same time he or she

24  designates a campaign depository and appoints a treasurer also

25  designate the office for which he or she is a candidate.  If

26  the candidate is running for an office which will be grouped

27  on the ballot with two or more similar offices to be filled at

28  the same election, the candidate must indicate for which group

29  or district office he or she is running.  Nothing in this

30  subsection shall prohibit a candidate, at a later date, from

31  changing the designation of the office for which he or she is

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  1  a candidate.  However, if a candidate changes the designated

  2  office for which he or she is a candidate, the candidate must

  3  notify all contributors in writing of the intent to seek a

  4  different office and offer to return pro rata, upon their

  5  request, those contributions given in support of the original

  6  office sought. This notification shall be given within 15 days

  7  after the filing of the change of designation and shall

  8  include a standard form developed by the Division of Elections

  9  for requesting the return of contributions.  The notice

10  requirement shall not apply to any change in a numerical

11  designation resulting solely from redistricting.  If, within

12  30 days after being notified by the candidate of the intent to

13  seek a different office, the contributor notifies the

14  candidate in writing that the contributor wishes his or her

15  contribution to be returned, the candidate shall return the

16  contribution, on a pro rata basis, calculated as of the date

17  the change of designation is filed.  Any contributions not

18  requested to be returned within the 30-day period may be used

19  by the candidate for the newly designated office.  No person

20  shall accept any contribution or make any expenditure with a

21  view to bringing about his or her nomination, election, or

22  retention in public office, or authorize another to accept

23  such contributions or make such expenditure on the person's

24  behalf, unless such person has appointed a campaign treasurer

25  and designated a primary campaign depository. A candidate for

26  an office voted upon statewide may appoint not more than 15

27  deputy campaign treasurers, and any other candidate or

28  political committee may appoint not more than 3 deputy

29  campaign treasurers.  The names and addresses of the campaign

30  treasurer and deputy campaign treasurers so appointed shall be

31  filed with the officer before whom such candidate is required

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  1  to qualify or with whom such political committee is required

  2  to register pursuant to s. 106.03.  Each candidate who

  3  qualifies with the Department of State for an office not voted

  4  upon statewide shall, at the same time, file a copy of the

  5  name and address of the campaign treasurer with the supervisor

  6  of elections in the county in which the candidate resides.

  7         (b)  Except as provided in paragraph (d), Each

  8  candidate and each political committee shall also designate

  9  one primary campaign depository for the purpose of depositing

10  all contributions received, and disbursing all expenditures

11  made, by the candidate or political committee.  The candidate

12  or political committee may also designate one secondary

13  depository in each county in which an election is held in

14  which the candidate or committee participates. Secondary

15  depositories shall be for the sole purpose of depositing

16  contributions and forwarding the deposits to the primary

17  campaign depository. Any bank, savings and loan association,

18  or credit union authorized to transact business in this state

19  may be designated as a campaign depository.  The candidate or

20  political committee shall file the name and address of each

21  primary and secondary depository so designated at the same

22  time that, and with the same officer with whom, the candidate

23  or committee files the name of his, her, or its campaign

24  treasurer pursuant to paragraph (a). In addition, the campaign

25  treasurer or a deputy campaign treasurer may deposit any funds

26  which are in the primary campaign depository and which are not

27  then currently needed for the disbursement of expenditures

28  into a separate interest-bearing account in any bank, savings

29  and loan association, or credit union authorized to transact

30  business in this state.  The separate interest-bearing account

31  shall be designated "...(name of candidate or committee)...

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  1  separate interest-bearing campaign account."  In lieu thereof,

  2  the campaign treasurer or deputy campaign treasurer may

  3  purchase a certificate of deposit with such unneeded funds in

  4  such bank, savings and loan association, or credit union. The

  5  separate interest-bearing account or certificate of deposit

  6  shall be separate from any personal or other account or

  7  certificate of deposit.  Any withdrawal of the principal or

  8  earned interest or any part thereof shall only be made from

  9  the separate interest-bearing account or certificate of

10  deposit for the purpose of transferring funds to the primary

11  account and shall be reported as a contribution.

12         (c)  Any campaign treasurer or deputy treasurer

13  appointed pursuant to this section shall be a registered voter

14  in this state and shall, before such appointment may become

15  effective, have accepted appointment to such position in

16  writing and filed such acceptance with the officer before whom

17  the candidate is required to qualify or with the officer with

18  whom the political committee is required to file reports.  An

19  individual may be appointed and serve as campaign treasurer of

20  one or more candidates or of one or more a candidate and a

21  political committee or two or more candidates and political

22  committees, but may not be appointed and may not serve as

23  campaign treasurer of a candidate and of a political committee

24  simultaneously.  A candidate may appoint herself or himself as

25  campaign treasurer.

26         (d)  Any political committee which deposits all

27  contributions received in a national depository from which the

28  political committee receives funds to contribute to state and

29  local candidates shall not be required to designate a campaign

30  depository in the state.

31

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  1         (3)  Except for independent expenditures, no

  2  contribution or expenditure, including contributions or

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

  4  shall be directly or indirectly made or received in

  5  furtherance of the candidacy of any person for nomination or

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

  7  political committee except through the duly appointed campaign

  8  treasurer of the candidate or political committee.  However,

  9  expenditures may be made directly by any political committee

10  or political party regulated by chapter 103 for obtaining

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

12  for the purpose of jointly endorsing three or more candidates,

13  and any such expenditure shall not be considered a

14  contribution or expenditure to or on behalf of any such

15  candidates for the purposes of this chapter.

16         Section 3.  Subsection (1), paragraph (c) of subsection

17  (4), and subsection (5) of section 106.04, Florida Statutes,

18  are amended to read:

19         106.04  Committees of continuous existence.--

20         (1)  In order to qualify as a committee of continuous

21  existence for the purposes of this chapter, a group,

22  organization, association, or other such entity which is

23  involved in making contributions to candidates, political

24  committees, or political parties, shall meet the following

25  criteria:

26         (a)  It shall be organized and operated in accordance

27  with a written charter or set of bylaws which contains

28  procedures for the election of officers and directors and

29  which clearly defines membership in the organization; and

30         (b)  At least 25 percent of the income of such

31  organization, excluding interest, must be derived from dues or

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  1  assessments payable on a regular basis by its membership

  2  pursuant to provisions contained in the charter or bylaws.

  3         (4)

  4         (c)  All committees of continuous existence shall file

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

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

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

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

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

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

11  such duplicate report is required to be filed with the

12  supervisor.  Reports shall be on forms provided by the

13  division and shall contain the following information:

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

15  person who has made one or more contributions to the committee

16  during the reporting period, together with the amounts and

17  dates of such contributions.  For corporations, the report

18  must provide as clear a description as practicable of the

19  principal type of business conducted by the corporation.

20  However, if the contribution is $100 or less, the occupation

21  of the contributor or principal type of business need not be

22  listed.  However, for any contributions which represent the

23  payment of dues by members in a fixed amount pursuant to the

24  schedule on file with the Division of Elections, only the

25  aggregate amount of such contributions need be listed,

26  together with the number of members paying such dues and the

27  amount of the membership dues.

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

29  committee of continuous existence from which the reporting

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

31  committee, committee of continuous existence, or political

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

  2  the amounts and dates of all transfers.

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

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

  5  amounts of all such funds.

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

  7  candidate to whom the committee has made a contribution during

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

  9  each contribution.

10         (5)  No committee of continuous existence shall

11  contribute to any candidate or political committee an amount

12  in excess of the limits contained in s. 106.08(1) or

13  participate in any other activity which is prohibited by this

14  chapter.  If any violation occurs, it shall be punishable as

15  provided in this chapter for the given offense.  No funds of a

16  committee of continuous existence shall be expended on behalf

17  of a candidate, except by means of a contribution made through

18  the duly appointed campaign treasurer of a candidate.  No such

19  committee of continuous existence shall make expenditures in

20  support of, or in opposition to, an issue unless such

21  committee first registers as a political committee pursuant to

22  this chapter and undertakes all the practices and procedures

23  required thereof; provided such committee may make

24  contributions in a total amount not to exceed 25 percent of

25  its aggregate income, as reflected in the annual report filed

26  for the previous year, to one or more political committees

27  registered pursuant to s. 106.03 and formed to support or

28  oppose issues.

29         Section 4.  Subsection (2) of section 106.06, Florida

30  Statutes, is amended to read:

31         106.06  Treasurer to keep records; inspections.--

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  1         (2)  Accounts, including separate interest-bearing

  2  accounts and certificates of deposit, kept by the campaign

  3  treasurer of a candidate or political committee may be

  4  inspected under reasonable circumstances before, during, or

  5  after the election to which the accounts refer by any

  6  authorized representative of the Division of Elections or the

  7  Florida Elections Commission.  The right of inspection may be

  8  enforced by appropriate writ issued by any court of competent

  9  jurisdiction. The campaign treasurer of a political committee

10  supporting a candidate may be joined with the campaign

11  treasurer of the candidate as respondent in such a proceeding.

12         Section 5.  Paragraph (a) of subsection (4) of section

13  106.07, Florida Statutes, is amended to read:

14         106.07  Reports; certification and filing.--

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

16  contain:

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

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

19  such committee or candidate within the reporting period,

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

21  corporations, the report must provide as clear a description

22  as practicable of the principal type of business conducted by

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

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

25  the relationship is reported, the occupation of the

26  contributor or the principal type of business need not be

27  listed.

28         2.  The name and address of each political committee

29  from which the reporting committee or the candidate received,

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

31

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

  2  transfers.

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

  4  person or political committee within the reporting period,

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

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

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

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

  9  or other receipt not otherwise listed under subparagraphs 1.

10  through 3.

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

12  and other receipts by or for such committee or candidate

13  during the reporting period. The reporting forms shall be

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

15  loans, and other receipts.

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

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

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

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

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

21  expenditure was made.  However, expenditures made from the

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

23  individually.

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

25  expenditure for personal services, salary, or reimbursement

26  for authorized expenses has been made and which is not

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

28  such expenditure.  However, expenditures made from the petty

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

30  individually.

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  1         8.  The total amount withdrawn and the total amount

  2  spent for petty cash purposes pursuant to this chapter during

  3  the reporting period.

  4         9.  The total sum of expenditures made by such

  5  committee or candidate during the reporting period.

  6         10.  The amount and nature of debts and obligations

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

  8  conduct of any political campaign.

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

10  be included in the next report following receipt thereof by

11  the candidate or political committee. Receipts for each credit

12  card purchase shall be retained by the treasurer with the

13  records for the campaign account.

14         12.  The amount and nature of any separate

15  interest-bearing accounts or certificates of deposit and

16  identification of the financial institution in which such

17  accounts or certificates of deposit are located.

18         Section 6.  Subsection (1) of section 106.071, Florida

19  Statutes, is amended to read:

20         106.071  Independent expenditures; reports;

21  disclaimers.--

22         (1)  Each person who makes an independent expenditure

23  with respect to any candidate or issue, which expenditure, in

24  the aggregate, is in the amount of $100 or more, shall file

25  periodic reports of such expenditures in the same manner, at

26  the same time, and with the same officer as such candidate or

27  a political committee supporting or opposing such candidate or

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

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

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

31  expenditure; a description of the services or goods obtained

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

  2  office sought by, each candidate on whose behalf such

  3  expenditure was made.  Any political advertisement paid for by

  4  an independent expenditure shall prominently state "Paid

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

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

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

  8  and address of the person paying for the political

  9  advertisement.

10         Section 7.  Section 106.08, Florida Statutes, is

11  amended to read:

12         106.08  Contributions; prohibitions and limitations

13  on.--

14         (1)(a)  Except for political parties, only individuals

15  may make contributions to candidates for election to or

16  retention in office. An individual no person, political

17  committee, or committee of continuous existence may not, in

18  any election, make contributions in excess of $5,000 $500 to

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

20  political committee supporting or opposing one or more

21  candidates. Candidates for the offices of Governor and

22  Lieutenant Governor on the same ticket are considered a single

23  candidate for the purpose of this section.

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

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

26  county executive committee of a political party regulated by

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

28  her own campaign.

29         2.  Notwithstanding the limits provided in this

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

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

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  1  candidate or to any political committee supporting one or more

  2  candidates.

  3         (c)  The contribution limits of this subsection apply

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

  5  primary, second primary, and general election are separate

  6  elections so long as the candidate is not an unopposed

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

  8  purpose of contribution limits with respect to candidates for

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

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

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

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

13  elections, which are the first primary election and general

14  election.

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

16  national, state, including any subordinate committee of a

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

18  county executive committees of a political party, including

19  any subordinate committee of a national, state, or county

20  committee of a political party, which contributions in the

21  aggregate exceed $50,000, no more than $25,000 of which may be

22  accepted prior to the 28-day period immediately preceding the

23  date of the general election.

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

25  campaign staff, professional consulting services, and

26  telephone calls are not contributions to be counted toward the

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

28  identified in this paragraph as nonallocable is a contribution

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

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

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

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  1  must be reported by the candidate under s. 106.07 and by the

  2  political party under s. 106.29.

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

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

  5  deputy campaign treasurer of such a candidate on the day of

  6  that election or less than 5 days prior to the day of that

  7  election must be returned by him or her to the person or

  8  committee contributing it and may not be used or expended by

  9  or on behalf of the candidate.

10         (b)  Except as otherwise provided in paragraph (c), any

11  contribution received by a candidate or by the campaign

12  treasurer or a deputy campaign treasurer of a candidate after

13  the date at which the candidate withdraws his or her

14  candidacy, or after the date the candidate is defeated,

15  becomes unopposed, or is elected to office must be returned to

16  the person or committee contributing it and may not be used or

17  expended by or on behalf of the candidate.

18         (c)  With respect to any campaign for an office in

19  which an independent or minor party candidate has filed as

20  required in s. 99.0955 or s. 99.096, but whose qualification

21  is pending a determination by the Department of State or

22  supervisor of elections as to whether or not the required

23  number of petition signatures was obtained:

24         1.  The department or supervisor shall, no later than 3

25  days after that determination has been made, notify in writing

26  all other candidates for that office of that determination.

27         2.  Any contribution received by a candidate or the

28  campaign treasurer or deputy campaign treasurer of a candidate

29  after the candidate has been notified in writing by the

30  department or supervisor that he or she has become unopposed

31  as a result of an independent or minor party candidate failing

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  1  to obtain the required number of petition signatures shall be

  2  returned to the person, political committee, or committee of

  3  continuous existence contributing it and shall not be used or

  4  expended by or on behalf of the candidate.

  5         (4)  Any contribution received by the chair, campaign

  6  treasurer, or deputy campaign treasurer of a political

  7  committee supporting or opposing a candidate with opposition

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

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

10  5 days prior to the day of that election may not be obligated

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

12  election.

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

14  in the name of another, directly or indirectly, in any

15  election.  Candidates, political committees, and political

16  parties may not solicit contributions from or make

17  contributions to any religious, charitable, civic, or other

18  causes or organizations established primarily for the public

19  good. However, it is not a violation of this subsection for a

20  candidate, political committee, or political party executive

21  committee to make gifts of money in lieu of flowers in memory

22  of a deceased person or for a candidate to continue membership

23  in, or make regular donations from personal or business funds

24  to, religious, political party, civic, or charitable groups of

25  which the candidate is a member or to which the candidate has

26  been a regular donor for more than 6 months.  A candidate may

27  purchase, with campaign funds, tickets, admission to events,

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

29  charitable groups.

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

31  which has been specifically designated for the partial or

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  1  exclusive use of a particular candidate.  Any contribution so

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

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

  4         (7)(a)  Any person who knowingly and willfully makes no

  5  more than one contribution in violation of subsection (1) or

  6  subsection (5), or any person who knowingly and willfully

  7  fails or refuses to return any contribution as required in

  8  subsection (3), commits a misdemeanor of the first degree,

  9  punishable as provided in s. 775.082 or s. 775.083.  If any

10  corporation, partnership, or other business entity or any

11  political party, political committee, or committee of

12  continuous existence is convicted of knowingly and willfully

13  violating any provision punishable under this paragraph, it

14  shall be fined not less than $1,000 and not more than $10,000.

15  If it is a domestic entity, it may be ordered dissolved by a

16  court of competent jurisdiction; if it is a foreign or

17  nonresident business entity, its right to do business in this

18  state may be forfeited.  Any officer, partner, agent,

19  attorney, or other representative of a corporation,

20  partnership, or other business entity or of a political party,

21  political committee, or committee of continuous existence who

22  aids, abets, advises, or participates in a violation of any

23  provision punishable under this paragraph commits a

24  misdemeanor of the first degree, punishable as provided in s.

25  775.082 or s. 775.083.

26         (b)  Any person who knowingly and willfully makes two

27  or more contributions in violation of subsection (1) or

28  subsection (5) commits a felony of the third degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084.  If any corporation, partnership, or other business

31  entity or any political party, political committee, or

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  1  committee of continuous existence is convicted of knowingly

  2  and willfully violating any provision punishable under this

  3  paragraph, it shall be fined not less than $10,000 and not

  4  more than $50,000.  If it is a domestic entity, it may be

  5  ordered dissolved by a court of competent jurisdiction; if it

  6  is a foreign or nonresident business entity, its right to do

  7  business in this state may be forfeited.  Any officer,

  8  partner, agent, attorney, or other representative of a

  9  corporation, partnership, or other business entity, or of a

10  political committee, committee of continuous existence, or

11  political party who aids, abets, advises, or participates in a

12  violation of any provision punishable under this paragraph

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

14  in s. 775.082, s. 775.083, or s. 775.084.

15         (8)  Except when otherwise provided in subsection (7),

16  any person who knowingly and willfully violates any provision

17  of this section shall, in addition to any other penalty

18  prescribed by this chapter, pay to the state a sum equal to

19  twice the amount contributed in violation of this chapter.

20  Each campaign treasurer shall pay all amounts contributed in

21  violation of this section to the state for deposit in the

22  General Revenue Fund.

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

24  funds between a primary campaign depository and a savings

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

26  such account or certificate.

27         Section 8.  For the purpose of incorporating the

28  amendment to section 106.08, Florida Statutes, in references

29  thereto, the sections or subdivisions of Florida Statutes set

30  forth below are reenacted to read:

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  1         106.075  Elected officials; report of loans made in

  2  year preceding election; limitation on contributions to pay

  3  loans.--

  4         (2)  Any person who makes a contribution to an

  5  individual to pay all or part of a loan incurred, in the 12

  6  months preceding the election, to be used for the individual's

  7  campaign, may not contribute more than the amount which is

  8  allowed in s. 106.08(1).

  9         106.19  Violations by candidates, persons connected

10  with campaigns, and political committees.--

11         (1)  Any candidate; campaign manager, campaign

12  treasurer, or deputy treasurer of any candidate; committee

13  chair, vice chair, campaign treasurer, deputy treasurer, or

14  other officer of any political committee; agent or person

15  acting on behalf of any candidate or political committee; or

16  other person who knowingly and willfully:

17         (a)  Accepts a contribution in excess of the limits

18  prescribed  by s. 106.08;

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20  is guilty of a misdemeanor of the first degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         Section 9.  Section 106.1437, Florida Statutes, is

23  amended to read:

24         106.1437  Miscellaneous advertisements.--

25         (1)  Any advertisement, other than a political

26  advertisement, on billboards, bumper stickers, radio, or

27  television, or in a newspaper, a magazine, or a periodical,

28  intended to influence public policy or the vote of a public

29  official, shall clearly designate the sponsor of such

30  advertisement by including a clearly readable statement of

31  sponsorship.  If the advertisement is broadcast on television,

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  1  the advertisement shall also contain a verbal statement of

  2  sponsorship.  This section shall not apply to an editorial

  3  endorsement.

  4         (2)(a)  Any advertisement intended to influence public

  5  policy or the vote of a public official which is published,

  6  displayed, or circulated at any point during the period after

  7  the close of the qualifying period for statewide office

  8  through the ensuing general election is prohibited from

  9  mentioning, showing, or using the voice of any candidate for

10  nomination or election to or retention in an office to be

11  filled at that general election.

12         (b)  A person who violates this subsection shall be

13  liable for a civil fine of up to $5,000 to be determined by

14  the Florida Elections Commission or the entire amount of the

15  expenditure for the advertisement, whichever is greater.

16         Section 10.  Subsection (35) of section 420.503,

17  Florida Statutes, is amended to read:

18         420.503  Definitions.--As used in this part, the term:

19         (35)  "Service provider," except as otherwise defined

20  in s. 420.512(5), means a law firm, investment bank, certified

21  public accounting firm, auditor, trustee bank, credit

22  underwriter, homeowner loan servicer, or any other provider of

23  services to the corporation which offers to perform or

24  performs services to the corporation or other provider for

25  fees in excess of $25,000 in the aggregate during any fiscal

26  year of the corporation. The term includes the agents,

27  officers, principals, and professional employees of the

28  service provider.

29         Section 11.  Subsection (5) of section 420.512, Florida

30  Statutes, is amended to read:

31         420.512  Conflicts of interest.--

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  1         (5)  Service providers shall comply with the following

  2  standards of conduct as a condition of eligibility to be

  3  considered or retained to provide services. For purposes of

  4  paragraphs (a), (b), and (c) only, the term "service provider"

  5  means and is limited to a law firm, an investment bank, or a

  6  credit underwriter, and the agents, officers, principals, and

  7  professional employees of the service provider.

  8         (a)  A service provider may not make contributions in

  9  any amounts, directly or indirectly, for or on behalf of

10  candidates for Governor, nor shall any service provider make a

11  contribution in excess of $100 to any candidate for a member

12  of the State Board of Administration other than the Governor

13  in Florida while the service provider is included in an

14  applicant pool from which service providers are selected to

15  provide services to the corporation, while the service

16  provider provides services to the corporation, and for the

17  longer of a period of 2 years thereafter or for a period

18  through the next general election for Governor.

19         (b)  The service provider shall not participate in

20  fundraising activities for or on behalf of candidates for

21  Governor in Florida while the service provider is included in

22  an applicant pool from which service providers are selected to

23  provide services to the corporation, while the service

24  provider provides services to the corporation, and for the

25  longer of a period of 2 years thereafter or for a period

26  through the next general election for Governor.

27         (c)  Service providers shall provide to the corporation

28  a statement that the service provider has not contributed to

29  candidates for Governor or contributed in excess of the

30  amounts allowed by this section for a member of the State

31  Board of Administration or engaged in fundraising activities

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  1  for or on behalf of candidates for Governor in Florida since

  2  the effective date of this section or during the 24 months

  3  preceding the service provider's application to provide

  4  services to the corporation, whichever period is shorter.

  5         (a)(d)  The service provider may not engage in

  6  prohibited business solicitation communications with officers,

  7  members, or covered employees of the corporation.

  8         (b)(e)  If a service provider is in doubt as to whether

  9  its activities, or the activities of its principals, agents,

10  or employees, violate the provisions of this section, it may

11  request a declaratory statement in accordance with the

12  applicable rule and s. 120.565.

13         (c)(f)  If the corporation determines that a service

14  provider has failed to meet the provisions of this section, it

15  shall consider the magnitude of the violation and whether

16  there has been a pattern of violations in determining whether

17  to terminate or decline to enter into contracts with the

18  service provider.

19         Section 12.  Sections 106.082, 627.0623, and 655.019,

20  Florida Statutes, are repealed.

21         Section 13.  This act shall take effect January 1,

22  2002.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides that only individuals may contribute to
  4    candidates for election to or retention in office, and
      raises the contribution limits accordingly. Eliminates
  5    limits on contributions to political committees. Revises
      or repeals various provisions of law, to conform.
  6

  7    Prohibits advertisements intending to influence public
      policy or the vote of a public official from mentioning,
  8    showing, or using the voice of any candidate for office
      at any point during the period after the close of the
  9    qualifying period for statewide office through the
      ensuing general election at which that office is to be
10    filled.

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