House Bill hb1261
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Florida House of Representatives - 2002 HB 1261
By Representative Needelman
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," "independent expenditure," "issue,"
6 and "communications media"; revising additional
7 definitions, to conform terminology; amending
8 s. 106.071, F.S.; revising requirements
9 relating to the reporting of independent
10 expenditures; providing penalties; revising
11 penalties applicable to the omission of
12 disclaimers required in political
13 advertisements paid for by independent
14 expenditure; amending ss. 101.031, 101.663,
15 104.185, 106.03, 106.04, 106.07, 106.085,
16 106.125, 106.143, and 106.29, F.S.; revising
17 terminology, to conform; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Subsections (1), (4), (5), (6), (7), (13),
23 and (17) of section 106.011, Florida Statutes, are amended to
24 read:
25 106.011 Definitions.--As used in this chapter, the
26 following terms have the following meanings unless the context
27 clearly indicates otherwise:
28 (1)(a) "Political committee" means:
29 1. A combination of two or more individuals who, or a
30 person other than an individual that, in an aggregate amount
31 in excess of $500 during a single calendar year:
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1 a. Accepts contributions for the purpose of making
2 contributions to any candidate, political committee, committee
3 of continuous existence, or political party;
4 b. Accepts contributions for the purpose of expressly
5 advocating the election or defeat of a candidate or the
6 passage or defeat of a ballot issue;
7 c. Makes expenditures for the purpose of expressly
8 advocating the election or defeat of a candidate or the
9 passage or defeat of a ballot issue; or
10 d. Makes contributions to a common fund, other than a
11 joint checking account between spouses, from which
12 contributions are made to any candidate, political committee,
13 committee of continuous existence, or political party. the
14 primary or incidental purpose of which is to support or oppose
15 any candidate, issue, or political party, which accepts
16 contributions or makes expenditures during a calendar year in
17 an aggregate amount in excess of $500; "political committee"
18 also means
19 2. The sponsor of a proposed constitutional amendment
20 by initiative who intends to seek the signatures of registered
21 electors.
22 (b) Notwithstanding paragraph (a), the following
23 entities shall not be considered political committees for
24 purposes of this chapter:
25 1. Organizations that which are certified by the
26 Department of State as committees of continuous existence
27 pursuant to s. 106.04, national political parties, and the
28 state and county executive committees of political parties
29 regulated by chapter 103 shall not be considered political
30 committees for the purposes of this chapter.
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1 2. Corporations regulated by chapter 607 or chapter
2 617 or other business entities formed for purposes other than
3 to support or oppose ballot issues or candidates, are not
4 political committees if their political activities are limited
5 to contributions to candidates, political parties, or
6 political committees or expenditures in support of or in
7 opposition to a ballot an issue from corporate or business
8 funds and if no contributions are received by such
9 corporations or business entities.
10 3. Issue advocacy groups that support or oppose an
11 issue that is not on the ballot, that are not controlled by a
12 candidate, and whose major purpose is not the election or
13 defeat of a candidate.
14 (4) "Expenditure" means a purchase, payment,
15 distribution, loan, advance, transfer of funds by a campaign
16 treasurer or deputy campaign treasurer between a primary
17 depository and a separate interest-bearing account or
18 certificate of deposit, or gift of money or anything of value
19 made for the purpose of influencing the results of an
20 election. However, "expenditure" does not include a purchase,
21 payment, distribution, loan, advance, or gift of money or
22 anything of value made for the purpose of influencing the
23 results of an election when made by an organization, in
24 existence prior to the time during which a candidate qualifies
25 or an issue is placed on the ballot for that election, for the
26 purpose of printing or distributing such organization's
27 newsletter, containing a statement by such organization in
28 support of or opposition to a candidate or ballot issue, which
29 newsletter is distributed only to members of such
30 organization.
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1 (5)(a) "Independent expenditure" means an expenditure
2 by a person for the purpose of advocating the election or
3 defeat of a candidate or the approval or rejection of a ballot
4 an issue, which expenditure is not controlled by, coordinated
5 with, or made upon consultation with, any candidate, political
6 committee, or agent of such candidate or committee. An
7 expenditure for such purpose by a person having a contract
8 with the candidate, political committee, or agent of such
9 candidate or committee in a given election period shall not be
10 deemed an independent expenditure.
11 (b) An expenditure for the purpose of advocating the
12 election or defeat of a candidate which is made by the
13 national, state, or county executive committee of a political
14 party, including any subordinate committee of a national,
15 state, or county committee of a political party, or by any
16 political committee or committee of continuous existence, or
17 any other person, shall not be considered an independent
18 expenditure if the committee or person:
19 1. Communicates with the candidate, the candidate's
20 campaign, or an agent of the candidate acting on behalf of the
21 candidate, including any pollster, media consultant,
22 advertising agency, vendor, advisor, or staff member,
23 concerning the preparation of, use of, or payment for, the
24 specific expenditure or advertising campaign at issue; or
25 2. Makes a payment in cooperation, consultation, or
26 concert with, at the request or suggestion of, or pursuant to
27 any general or particular understanding with the candidate,
28 the candidate's campaign, a political committee supporting the
29 candidate, or an agent of the candidate relating to the
30 specific expenditure or advertising campaign at issue; or
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1 3. Makes a payment for the dissemination,
2 distribution, or republication, in whole or in part, of any
3 broadcast or any written, graphic, or other form of campaign
4 material prepared by the candidate, the candidate's campaign,
5 or an agent of the candidate, including any pollster, media
6 consultant, advertising agency, vendor, advisor, or staff
7 member; or
8 4. Makes a payment based on information about the
9 candidate's plans, projects, or needs communicated to a member
10 of the committee or person by the candidate or an agent of the
11 candidate, provided the committee or person uses the
12 information in any way, in whole or in part, either directly
13 or indirectly, to design, prepare, or pay for the specific
14 expenditure or advertising campaign at issue; or
15 5. After the last day of qualifying for statewide or
16 legislative office, consults about the candidate's plans,
17 projects, or needs in connection with the candidate's pursuit
18 of election to office and the information is used in any way
19 to plan, create, design, or prepare an independent expenditure
20 or advertising campaign, with:
21 a. Any officer, director, employee, or agent of a
22 national, state, or county executive committee of a political
23 party that has made or intends to make expenditures in
24 connection with or contributions to the candidate; or
25 b. Any person whose professional services have been
26 retained by a national, state, or county executive committee
27 of a political party that has made or intends to make
28 expenditures in connection with or contributions to the
29 candidate; or
30 6. After the last day of qualifying for statewide or
31 legislative office, retains the professional services of any
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1 person also providing those services to the candidate in
2 connection with the candidate's pursuit of election to office;
3 or
4 7. Arranges, coordinates, or directs the expenditure,
5 in any way, with the candidate or an agent of the candidate.
6 (c) An expenditure by any person for a paid expression
7 in any communications media prescribed in subsection (13),
8 whether radio, television, newspaper, magazine, periodical,
9 campaign literature, direct mail, the Internet, or display or
10 by means other than the spoken word in direct conversation,
11 that does not specifically support or oppose any candidate or
12 ballot issue, but that references a clearly identifiable
13 candidate or ballot issue, which expenditure in the aggregate
14 is in the amount of $100 or more and is made within 30 days
15 before an election, shall be deemed an independent
16 expenditure.
17 (6) "Election" means any primary election, special
18 primary election, general election, special election, or
19 municipal election held in this state for the purpose of
20 nominating or electing candidates to public office, choosing
21 delegates to the national nominating conventions of political
22 parties, or submitting a ballot an issue to the electors for
23 their approval or rejection.
24 (7) "Ballot issue," or "issue" when qualified as
25 appearing or being placed on the ballot, means any proposition
26 which is required by the State Constitution, by law or
27 resolution of the Legislature, or by the charter, ordinance,
28 or resolution of any political subdivision of this state to be
29 submitted to the electors for their approval or rejection at
30 an election, or any proposition for which a petition is
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1 circulated in order to have such proposition placed on the
2 ballot at any election.
3 (13) "Communications media" means broadcasting
4 stations, newspapers, magazines, outdoor advertising
5 facilities, printers, direct mailing companies, advertising
6 agencies, the Internet, and telephone companies; but with
7 respect to telephones, an expenditure shall be deemed to be an
8 expenditure for the use of communications media only if made
9 for the costs of telephones, paid telephonists, or automatic
10 telephone equipment to be used by a candidate or a political
11 committee to communicate with potential voters but excluding
12 any costs of telephones incurred by a volunteer for use of
13 telephones by such volunteer.
14 (17) "Political advertisement" means a paid expression
15 in any communications media prescribed in subsection (13),
16 whether radio, television, newspaper, magazine, periodical,
17 campaign literature, direct mail, the Internet, or display or
18 by means other than the spoken word in direct conversation,
19 which shall support or oppose any candidate, elected public
20 official, or ballot issue. However, political advertisement
21 does not include:
22 (a) A statement by an organization, in existence prior
23 to the time during which a candidate qualifies or an issue is
24 placed on the ballot for that election, in support of or
25 opposition to a candidate or ballot issue, in that
26 organization's newsletter, which newsletter is distributed
27 only to the members of that organization.
28 (b) Editorial endorsements by any newspaper, radio or
29 television station, or other recognized news medium.
30 Section 2. Section 106.071, Florida Statutes, is
31 amended to read:
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1 106.071 Independent expenditures; reports;
2 disclaimers.--
3 (1)(a) Each person who makes an independent
4 expenditure with respect to any candidate or ballot issue,
5 which expenditure, in the aggregate, is in the amount of $100
6 or more, shall file periodic reports of such expenditures in
7 the same manner, at the same time, and with the same officer
8 as a political committee supporting or opposing such candidate
9 or ballot issue. The report shall contain the full name and
10 address of each person to whom and for whom each such
11 expenditure has been made; the amount, date, and purpose of
12 each such expenditure; a description of the services or goods
13 obtained by each such expenditure; and the name and address
14 of, and office sought by, each candidate on whose behalf such
15 expenditure was made.
16 (b) Notwithstanding paragraph (a), each person who
17 makes an independent expenditure with respect to any
18 candidate, which expenditure in the aggregate is in excess of
19 $1,000 and is made at any point during the period following
20 the last day of qualifying for that candidacy through the
21 ensuing general election, must report the expenditure by hand
22 or mail, delivered or postmarked within 24 hours after
23 publication, with the qualifying officer of the candidate
24 supported or opposed by the expenditure. However, any
25 political advertisement paid for by an independent expenditure
26 published on the day of an election must be reported on that
27 day to the qualifying officer by hand delivery or facsimile
28 transmission. The report shall contain the same information
29 as is required of reports under paragraph (a).
30 (c) Each report required under this subsection shall
31 be signed by the person submitting the report and certified as
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1 true and correct, subject to the conditions and penalties
2 prescribed in s. 106.07(5). Any person failing to file a
3 report on the designated due date shall be subject to a fine
4 as provided in s. 106.07(8) for submitting late reports.
5 (2)(a) Any political advertisement paid for by an
6 independent expenditure shall prominently state "Paid
7 political advertisement paid for by ...(Name of person or
8 committee paying for advertisement)... independently of any
9 ...(candidate or committee)...," and shall contain the name
10 and address of the person paying for the political
11 advertisement.
12 (b)(2) Any person who fails to include the disclaimer
13 prescribed in paragraph (a) subsection (1) in any political
14 advertisement which is required to contain such disclaimer
15 shall be liable for a civil fine of $5,000 or the entire
16 amount of the expenditure for the political advertisement not
17 containing such disclaimer, whichever is greater, as
18 determined by the Florida Elections Commission is guilty of a
19 misdemeanor of the first degree, punishable as provided in s.
20 775.082 or s. 775.083.
21 (3) No person may make a contribution in excess of
22 $1,000 to any other person, to be used by such other person to
23 make an independent expenditure.
24 Section 3. Subsection (2) of section 101.031, Florida
25 Statutes, is amended to read:
26 101.031 Instructions for electors.--
27 (2) The supervisor of elections in each county shall
28 have posted at each polling place in the county the Voter's
29 Bill of Rights and Responsibilities in the following form:
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31 VOTER'S BILL OF RIGHTS
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2 Each registered voter in this state has the right to:
3 1. Vote and have his or her vote accurately counted.
4 2. Cast a vote if he or she is in line when the polls
5 are closing.
6 3. Ask for and receive assistance in voting.
7 4. Receive up to two replacement ballots if he or she
8 makes a mistake prior to the ballot being cast.
9 5. An explanation if his or her registration is in
10 question.
11 6. If his or her registration is in question, cast a
12 provisional ballot.
13 7. Prove his or her identity by signing an affidavit
14 if election officials doubt the voter's identity.
15 8. Written instructions to use when voting, and, upon
16 request, oral instructions in voting from elections officers.
17 9. Vote free from coercion or intimidation by
18 elections officers or any other person.
19 10. Vote on a voting system that is in working
20 condition and that will allow votes to be accurately cast.
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22 VOTER RESPONSIBILITIES
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24 Each registered voter in this state has the
25 responsibility to:
26 1. Study and know candidates and ballot issues.
27 2. Keep his or her voter address current.
28 3. Know his or her precinct and its hours of
29 operation.
30 4. Bring proper identification to the polling station.
31 5. Know how to operate voting equipment properly.
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1 6. Treat precinct workers with courtesy.
2 7. Respect the privacy of other voters.
3 8. Report problems or violations of election law.
4 9. Ask questions when confused.
5 10. Check his or her completed ballot for accuracy.
6 Section 4. Subsection (1) of section 101.663, Florida
7 Statutes, is amended to read:
8 101.663 Electors; change of residence.--
9 (1) An elector who changes his or her residence to
10 another county in Florida from the county in Florida in which
11 he or she is registered as an elector after the books in the
12 county to which the elector has changed his or her residence
13 are closed for any general, primary, or special election shall
14 be permitted to vote absentee in the county of his or her
15 former residence in that election for President and Vice
16 President, United States Senator, statewide offices, and
17 statewide ballot issues. Such person shall not be permitted
18 to vote in the county of the person's former residence after
19 the general election.
20 Section 5. Section 104.185, Florida Statutes, is
21 amended to read:
22 104.185 Petitions; knowingly signing more than once;
23 signing another person's name or a fictitious name.--
24 (1) A person who knowingly signs a petition or
25 petitions for a candidate, a minor political party, or a
26 ballot an issue more than one time commits a misdemeanor of
27 the first degree, punishable as provided in s. 775.082 or s.
28 775.083.
29 (2) A person who signs another person's name or a
30 fictitious name to any petition to secure ballot position for
31 a candidate, a minor political party, or a ballot an issue
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1 commits a misdemeanor of the first degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 Section 6. Paragraph (g) of subsection (2) and
4 subsection (3) of section 106.03, Florida Statutes, are
5 amended to read:
6 106.03 Registration of political committees.--
7 (2) The statement of organization shall include:
8 (g) Any ballot issue or issues such organization is
9 supporting or opposing;
10 (3)(a) A political committee which is organized to
11 support or oppose statewide, legislative, or multicounty
12 candidates or issues to be voted upon on a statewide or
13 multicounty basis shall file a statement of organization with
14 the Division of Elections.
15 (b) Except as provided in paragraph (c), a political
16 committee which is organized to support or oppose candidates
17 or issues to be voted on in a countywide election or
18 candidates or issues to be voted on in any election held on
19 less than a countywide basis shall file a statement of
20 organization with the supervisor of elections of the county in
21 which such election is being held.
22 (c) A political committee which is organized to
23 support or oppose only candidates for municipal office or
24 issues to be voted on in a municipal election shall file a
25 statement of organization with the officer before whom
26 municipal candidates qualify.
27 (d) Any political committee which would be required
28 under this subsection to file a statement of organization in
29 two or more locations by reason of the committee's intention
30 to support or oppose candidates or ballot issues at state or
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1 multicounty and local levels of government need file only with
2 the Division of Elections.
3 Section 7. Subsection (5) of section 106.04, Florida
4 Statutes, is amended to read:
5 106.04 Committees of continuous existence.--
6 (5) No committee of continuous existence shall
7 contribute to any candidate or political committee an amount
8 in excess of the limits contained in s. 106.08(1) or
9 participate in any other activity which is prohibited by this
10 chapter. If any violation occurs, it shall be punishable as
11 provided in this chapter for the given offense. No funds of a
12 committee of continuous existence shall be expended on behalf
13 of a candidate, except by means of a contribution made through
14 the duly appointed campaign treasurer of a candidate. No such
15 committee shall make expenditures in support of, or in
16 opposition to, a ballot an issue unless such committee first
17 registers as a political committee pursuant to this chapter
18 and undertakes all the practices and procedures required
19 thereof; provided such committee may make contributions in a
20 total amount not to exceed 25 percent of its aggregate income,
21 as reflected in the annual report filed for the previous year,
22 to one or more political committees registered pursuant to s.
23 106.03 and formed to support or oppose ballot issues.
24 Section 8. Paragraph (d) of subsection (1) of section
25 106.07, Florida Statutes, is amended to read:
26 106.07 Reports; certification and filing.--
27 (1) Each campaign treasurer designated by a candidate
28 or political committee pursuant to s. 106.021 shall file
29 regular reports of all contributions received, and all
30 expenditures made, by or on behalf of such candidate or
31 political committee. Reports shall be filed on the 10th day
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1 following the end of each calendar quarter from the time the
2 campaign treasurer is appointed, except that, if the 10th day
3 following the end of a calendar quarter occurs on a Saturday,
4 Sunday, or legal holiday, the report shall be filed on the
5 next following day which is not a Saturday, Sunday, or legal
6 holiday. Quarterly reports shall include all contributions
7 received and expenditures made during the calendar quarter
8 which have not otherwise been reported pursuant to this
9 section.
10 (d)1. When a special election is called to fill a
11 vacancy in office, all political committees and committees of
12 continuous existence making contributions or expenditures to
13 influence the results of such special election shall file
14 campaign treasurers' reports with the filing officer on the
15 dates set by the Department of State pursuant to s. 100.111.
16 2. When an election is called for an issue to appear
17 on the ballot at a time when no candidates are scheduled to
18 appear on the ballot, all political committees making
19 contributions or expenditures in support of or in opposition
20 to such ballot issue shall file reports on the 18th and 4th
21 days prior to such election.
22 Section 9. Subsection (4) of section 106.085, Florida
23 Statutes, is amended to read:
24 106.085 Independent expenditures; unfair surprise
25 prohibited; notice requirements; penalty.--
26 (4) This section does not prohibit a person from
27 making an independent expenditure in support of or in
28 opposition to any candidate or ballot issue, unless otherwise
29 prohibited by law, from expressing his or her opinion on any
30 issue, or from purchasing any political advertisement or
31 campaign material.
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1 Section 10. Section 106.125, Florida Statutes, is
2 amended to read:
3 106.125 Credit cards; conditions on use.--Any
4 candidate for statewide office or any political committee
5 created to support or oppose any candidate for statewide
6 office or to support or oppose any statewide ballot issue may
7 obtain, and use in making travel-related campaign
8 expenditures, credit cards. The obtention and use of credit
9 cards by any such candidate or political committee shall be
10 subject to the following conditions:
11 (1) Credit cards may be obtained only from the same
12 bank which has been designated as the candidate's or political
13 committee's primary campaign depository.
14 (2) Credit cards shall be in the name of the candidate
15 or political committee and shall reflect that the account is a
16 campaign account.
17 (3) Before a credit card may be used, a copy of the
18 agreement or contract between the candidate and the bank, or
19 the political committee and the bank, and a list of all
20 persons who have been authorized to use the card shall be
21 filed with the Secretary of State.
22 (4) All credit cards issued to candidates or political
23 committees shall expire no later than midnight of the last day
24 of the month of the general election.
25 (5) Each statement rendered by the issuer of a credit
26 card shall be paid upon receipt.
27 (6) Campaign travel-related expenditures shall include
28 transportation, lodging, meals, and other expenses incurred in
29 connection with traveling for campaign purposes.
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1 This section shall not be deemed to preclude the use of
2 advance payments by a check drawn on the primary depository
3 account for travel-related expenses. The treasurer shall
4 require an accounting of actual expenses and reconcile any
5 overpayment or underpayment to the original payee.
6 Section 11. Subsection (6) of section 106.143, Florida
7 Statutes, is amended to read:
8 106.143 Political advertisements circulated prior to
9 election; requirements.--
10 (6) This section does not apply to novelty items
11 having a retail value of $10 or less which support, but do not
12 oppose, a candidate or ballot issue.
13 Section 12. Subsection (4) of section 106.29, Florida
14 Statutes, is amended to read:
15 106.29 Reports by political parties; restrictions on
16 contributions and expenditures; penalties.--
17 (4) Any contribution received by a state or county
18 executive committee less than 5 days before an election shall
19 not be used or expended in behalf of any candidate, ballot
20 issue, or political party participating in such election.
21 Section 13. This act shall take effect upon becoming a
22 law.
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2 HOUSE SUMMARY
3
Modifies the definition of "political committee" to
4 exclude issue advocacy groups. Modifies the definition
of "independent expenditure" to include issue advocacy
5 advertisements. Modifies the definition of "issue" to
clarify its applicability to ballot issues only.
6 Modifies the definition of "communications media" to
include the Internet. Revises additional definitions and
7 other provisions of law to conform terminology. Revises
requirements relating to the reporting of independent
8 expenditures with respect to any candidate which in the
aggregate exceed $1,000 and are made at any point during
9 the period following the last day of qualifying for that
candidacy through the ensuing general election. Provides
10 penalties for reports of independent expenditures that
are late or knowingly incorrect, false, or incomplete.
11 Provides for civil penalties in lieu of criminal
penalties for failure to provide the required disclaimer
12 in political advertisements paid for by independent
expenditure. See bill for details.
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