Senate Bill sb1842

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    Florida Senate - 2002                                  SB 1842

    By Senator Lee





    23-1543-02

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         106.011, F.S.; redefining the term "political

  4         committee"; defining the term "expressly

  5         advocates the election or defeat of a candidate

  6         or issue"; amending s. 106.07, F.S.; changing

  7         the fine for certain late-filed reports;

  8         amending s. 106.11, F.S.; authorizing the use

  9         of debit cards for campaigns; providing

10         requirements; amending s. 106.12, F.S.;

11         increasing the amount for petty cash

12         expenditures; amending s. 106.141, F.S.;

13         requiring the filing officer to notify

14         candidates before the date the final report is

15         due; amending s. 106.15, F.S.; expanding the

16         prohibition on the use of state employees for

17         campaign purposes during working hours to

18         county, municipal, and district employees;

19         amending s. 106.19, F.S.; conforming a

20         statutory cross-reference; providing for

21         severability; providing an effective date.

22

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

24

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

26  Statutes, is amended, and subsection (18) is added to that

27  section, to read:

28         106.011  Definitions.--As used in this chapter, the

29  following terms have the following meanings unless the context

30  clearly indicates otherwise:

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

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

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

  3  in excess of $500 during a single calendar year:

  4         a.  Accepts contributions for the purpose of making

  5  contributions to any candidate, political committee, committee

  6  of continuous existence, or political party;

  7         b.  Accepts contributions for the purpose of expressly

  8  advocating the election or defeat of a candidate or issue;

  9         c.  Makes expenditures that expressly advocate the

10  election or defeat of a candidate or issue; or

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

12  joint checking account between spouses, from which

13  contributions are made to any candidate, political committee,

14  committee of continuous existence, or political party. the

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

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

17  contributions or makes expenditures during a calendar year in

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

19  also means

20         2.  The sponsor of a proposed constitutional amendment

21  by initiative who intends to seek the signatures of registered

22  electors.

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

24  entities are not considered political committees for purposes

25  of this chapter:

26         1.  Organizations which are certified by the Department

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

28  106.04, national political parties, and the state and county

29  executive committees of political parties regulated by chapter

30  103 shall not be considered political committees for the

31  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 issues or candidates, are not political

  4  committees if their political activities are limited to

  5  contributions to candidates, political parties, or political

  6  committees or expenditures in support of or opposition to an

  7  issue from corporate or business funds and if no contributions

  8  are received by such corporations or business entities.

  9         (18)  "Expressly advocates the election or defeat of a

10  candidate or issue" or "expressly advocating the election or

11  defeat of a candidate or issue" means to sponsor or fund, in

12  whole or in part, a paid expression in any communications

13  media prescribed in subsection (13), whether radio,

14  television, newspaper, magazine, periodical, campaign

15  literature, direct mail, or display, or by any means other

16  than the spoken word in direct conversation, which, when read

17  as a whole and with limited reference to external events, is

18  susceptible of no other reasonable interpretation but as an

19  exhortation to vote for or against a clearly-identified

20  candidate or issue, because it:

21         (a)  Contains a message that is unmistakable,

22  unambiguous, and suggestive of only one plausible meaning;

23         (b)  Presents a clear plea for action; and

24         (c)  Makes clear what action is advocated.

25

26  The absence of express words of advocacy creates a rebuttable

27  presumption that the paid expression does not expressly

28  advocate for or against a candidate or issue.

29         Section 2.  Paragraph (b) of subsection (8) of section

30  106.07, Florida Statutes, is amended to read:

31         106.07  Reports; certification and filing.--

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  1         (8)

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

  3  officer shall immediately notify the candidate or chair of the

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

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

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

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

  8  exceed 25 percent of the total receipts or expenditures,

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

10  report.  However, for the reports immediately preceding each

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

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

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

14  covered by the late report. For reports required under s.

15  106.141(7), the fine is $50 per day for each late day, not to

16  exceed 25 percent of the total receipts or expenditures,

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

18  report. Upon receipt of the report, the filing officer shall

19  determine the amount of the fine which is due and shall notify

20  the candidate or chair.  The filing officer shall determine

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

22  following:

23         1.  When the report is actually received by such

24  officer.

25         2.  When the report is postmarked.

26         3.  When the certificate of mailing is dated.

27         4.  When the receipt from an established courier

28  company is dated.

29

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

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

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  1  made to the Florida Elections Commission pursuant to paragraph

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

  3  allowable campaign expenditure and shall be paid only from

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

  5  political committee shall not be personally liable for such

  6  fine.

  7         Section 3.  Section 106.11, Florida Statutes, is

  8  amended to read:

  9         106.11  Expenses of and expenditures by candidates and

10  political committees.--Each candidate and each political

11  committee which designates a primary campaign depository

12  pursuant to s. 106.021(1) shall make expenditures from funds

13  on deposit in such primary campaign depository only in the

14  following manner, with the exception of expenditures made from

15  petty cash funds provided by s. 106.12:

16         (1)(a)  The campaign treasurer or deputy campaign

17  treasurer of a candidate or political committee shall make

18  expenditures from funds on deposit in the primary campaign

19  depository only by means of a bank check drawn upon the

20  campaign account of the candidate or political committee. The

21  campaign account shall be separate from any personal or other

22  account and shall be used only for the purpose of depositing

23  contributions and making expenditures for the candidate or

24  political committee.

25         (b)  The checks for such account shall contain, as a

26  minimum, the following information:

27         1.(a)  The statement "Campaign Account of ...(name of

28  candidate or political committee)...."

29         2.(b)  The account number and the name of the bank.

30         3.(c)  The exact amount of the expenditure.

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  1         4.(d)  The signature of the campaign treasurer or

  2  deputy treasurer.

  3         5.(e)  The exact purpose for which the expenditure is

  4  authorized.

  5         6.(f)  The name of the payee.

  6         (2)(a)  For purposes of this section, debit cards are

  7  considered bank checks, if:

  8         1.  Debit cards are obtained from the same bank that

  9  has been designated as the candidate's or political

10  committee's primary campaign depository.

11         2.  Debit cards are issued in the name of the

12  treasurer, deputy treasurer, or authorized user and state

13  "Campaign Account of (name of candidate or political

14  committee)."

15         3.  No more than three debit cards are requested and

16  issued.

17         4.  Before a debit card is used, a list of all persons

18  authorized to use the card is filed with the division.

19         5.  All debit cards issued to a candidate's campaign or

20  a political committee expire no later than midnight of the

21  last day of the month of the general election.

22         6.  The person using the debit card does not receive

23  cash as part of, or independent of, any transaction for goods

24  or services.

25         7.  All receipts for debit card transactions contain:

26         a.  The last four digits of the debit card number.

27         b.  The exact amount of the expenditure.

28         c.  The name of the payee.

29         d.  The signature of the campaign treasurer, deputy

30  treasurer, or authorized user.

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  1         e.  The exact purpose for which the expenditure is

  2  authorized.

  3

  4  Any information required by this sub-subparagraph but not

  5  included on the debit card transaction receipt may be

  6  handwritten on the receipt by the authorized user before

  7  submission to the treasurer.

  8         (b)  Debit cards are not subject to the requirements of

  9  paragraph (1)(b).

10         (3)(2)  The campaign treasurer or deputy treasurer who

11  signs the check shall be responsible for the completeness and

12  accuracy of the information on such check and for insuring

13  that such expenditure is an authorized expenditure.

14         (4)(3)  No candidate, campaign manager, treasurer,

15  deputy treasurer, or political committee or any officer or

16  agent thereof, or any person acting on behalf of any of the

17  foregoing, shall authorize any expenses, nor shall any

18  campaign treasurer or deputy treasurer sign a check drawn on

19  the primary campaign account for any purpose, unless there are

20  sufficient funds on deposit in the primary depository account

21  of the candidate or political committee to pay the full amount

22  of the authorized expense, to honor all other checks drawn on

23  such account, which checks are outstanding, and to meet all

24  expenses previously authorized but not yet paid. However, an

25  expense may be incurred for the purchase of goods or services

26  if there are sufficient funds on deposit in the primary

27  depository account to pay the full amount of the incurred

28  expense, to honor all checks drawn on such account, which

29  checks are outstanding, and to meet all other expenses

30  previously authorized but not yet paid, provided that payment

31  for such goods or services is made upon final delivery and

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  1  acceptance of the goods or services; and an expenditure from

  2  petty cash pursuant to the provisions of s. 106.12 may be

  3  authorized, if there is a sufficient amount of money in the

  4  petty cash fund to pay for such expenditure.  Payment for

  5  credit card purchases shall be made pursuant to s. 106.125.

  6  Any expense incurred or authorized in excess of such funds on

  7  deposit shall, in addition to other penalties provided by law,

  8  constitute a violation of this chapter.

  9         (5)(4)  A candidate who withdraws his or her candidacy,

10  becomes an unopposed candidate, or is eliminated as a

11  candidate or elected to office may expend funds from the

12  campaign account to:

13         (a)  Purchase "thank you" advertising for up to 75 days

14  after he or she withdraws, becomes unopposed, or is eliminated

15  or elected.

16         (b)  Pay for items which were obligated before he or

17  she withdrew, became unopposed, or was eliminated or elected.

18         (c)  Pay for expenditures necessary to close down the

19  campaign office and to prepare final campaign reports.

20         (d)  Dispose of surplus funds as provided in s.

21  106.141.

22         Section 4.  Subsection (3) of section 106.12, Florida

23  Statutes, is amended to read:

24         106.12  Petty cash funds allowed.--

25         (3)  The petty cash fund so provided shall be spent

26  only in amounts less than $50 $30 and only for office

27  supplies, transportation expenses, and other necessities.

28  Petty cash shall not be used for the purchase of time, space,

29  or services from communications media as defined in s.

30  106.011(13).

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  1         Section 5.  Subsection (7) of section 106.141, Florida

  2  Statutes, is amended to read:

  3         106.141  Disposition of surplus funds by candidates.--

  4         (7)(a)  Any candidate required to dispose of campaign

  5  funds pursuant to this section shall do so within the time

  6  required by this section and shall, on or before the date by

  7  which such disposition is to have been made, file with the

  8  officer with whom reports are required to be filed pursuant to

  9  s. 106.07 a form prescribed by the Division of Elections

10  listing:

11         1.(a)  The name and address of each person or unit of

12  government to whom any of the funds were distributed and the

13  amounts thereof;

14         2.(b)  The name and address of each person to whom an

15  expenditure was made, together with the amount thereof and

16  purpose therefor; and

17         3.(c)  The amount of such funds transferred to an

18  office account by the candidate, together with the name and

19  address of the bank in which the office account is located.

20

21  Such report shall be signed by the candidate and the campaign

22  treasurer and certified as true and correct pursuant to s.

23  106.07.

24         (b)  The filing officer shall notify each candidate at

25  least 14 days before the date the report is due.

26         (c)  Any candidate failing to file a report on the

27  designated due date shall be subject to a fine as provided in

28  s. 106.07 for submitting late termination reports.

29         Section 6.  Subsection (3) of section 106.15, Florida

30  Statutes, is amended to read:

31         106.15  Certain acts prohibited.--

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  1         (3)  A No candidate may not shall, in the furtherance

  2  of his or her candidacy for nomination or election to public

  3  office in any election, use the services of any state, county,

  4  municipal, or district officer or employee of the state during

  5  working hours.

  6         Section 7.  Subsection (1) of section 106.19, Florida

  7  Statutes, is amended to read:

  8         106.19  Violations by candidates, persons connected

  9  with campaigns, and political committees.--

10         (1)  Any candidate; campaign manager, campaign

11  treasurer, or deputy treasurer of any candidate; committee

12  chair, vice chair, campaign treasurer, deputy treasurer, or

13  other officer of any political committee; agent or person

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

15  other person who knowingly and willfully:

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

17  prescribed  by s. 106.08;

18         (b)  Fails to report any contribution required to be

19  reported by this chapter;

20         (c)  Falsely reports or deliberately fails to include

21  any information required by this chapter; or

22         (d)  Makes or authorizes any expenditure in violation

23  of s. 106.11(4) s. 106.11(3) or any other expenditure

24  prohibited by this chapter;

25

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

27  provided in s. 775.082 or  s. 775.083.

28         Section 8.  If any provision of this act or its

29  application to any person or circumstance is held invalid, the

30  invalidity does not affect other provisions or applications of

31  the act which can be given effect without the invalid

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  1  provision or application, and to this end the provisions of

  2  this act are severable.

  3         Section 9.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    In ch. 106 of the Election Code:
           1. Redefines the term "political committee."
  9         2. Defines the term "expressly advocates the election
    or defeat of a candidate or issue."
10         3. Changes the fine for certain late-filed reports.
           4. Authorizes the use of debit cards for campaigns.
11         5. Increases the amount for petty cash expenditures.
           6. Requires the filing officer to notify candidates
12  before a final report is due.
           7. Prohibits the use of county, municipal, and district
13  employees as well as state employees for campaign purposes
    during working hours.
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