House Bill hb0867
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Florida House of Representatives - 2002 HB 867
By Representatives Wiles and Ausley
1 A bill to be entitled
2 An act relating to campaign financing;
3 providing a short title; amending s. 106.011,
4 F.S.; revising definitions of the terms
5 "political committee," "contribution,"
6 "expenditure," and "political advertisement";
7 amending s. 106.021, F.S.; eliminating a
8 provision that authorizes the unrestricted
9 expenditure of funds for the purpose of jointly
10 endorsing three or more candidates; amending s.
11 106.03, F.S.; providing additional requirements
12 for registration of political committees and
13 certification of committees of continuous
14 existence; providing penalties and
15 applicability; amending s. 106.04, F.S.;
16 requiring committees of continuous existence to
17 update certain certification information;
18 requiring an up-to-date membership list with
19 the application for certification and with each
20 annual and regular report; specifying
21 information membership lists must provide;
22 requiring membership dues to be reported in the
23 same manner as regular contributions;
24 prohibiting committees of continuous existence
25 from making expenditures in support of or
26 opposition to an elected public official
27 without registering as a political committee;
28 providing that records of a committee of
29 continuous existence relating to political
30 activities are public records; revising the
31 fine for late filing of reports by committees
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1 of continuous existence; providing penalties;
2 amending s. 106.07, F.S.; correcting a cross
3 reference, to conform; providing for
4 severability; providing effective dates.
5
6 Be It Enacted by the Legislature of the State of Florida:
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8 Section 1. This act may be cited as the "Marjorie
9 Turnbull Campaign Finance Reform Act."
10 Section 2. Effective July 1, 2002, subsections (1),
11 (3), (4), and (17) of section 106.011, Florida Statutes, are
12 amended to read:
13 106.011 Definitions.--As used in this chapter, the
14 following terms have the following meanings unless the context
15 clearly indicates otherwise:
16 (1)(a) "Political committee" means:
17 1. A combination of two or more individuals, or a
18 person other than an individual, that in an aggregate amount
19 in excess of $500 during a calendar year:
20 a. Accepts contributions for the purpose of making
21 contributions to any candidate, elected public official,
22 political committee, committee of continuous existence, or
23 political party;
24 b. Accepts contributions for the purpose of expressly
25 advocating the election or defeat of any candidate, elected
26 public official, or issue;
27 c. Makes expenditures for the purpose of expressly
28 advocating the election or defeat of any candidate, elected
29 public official, or issue; or
30 d. Makes contributions to a common fund, other than a
31 joint checking account between spouses, from which
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1 contributions are made to any candidate, elected public
2 official, political committee, committee of continuous
3 existence, or political party. the primary or incidental
4 purpose of which is to support or oppose any candidate, issue,
5 or political party, which accepts contributions or makes
6 expenditures during a calendar year in an aggregate amount in
7 excess of $500; "political committee" also means
8 2. The sponsor of a proposed constitutional amendment
9 by initiative who intends to seek the signatures of registered
10 electors.
11 (b) Notwithstanding paragraph (a), the following
12 entities shall not be considered political committees for
13 purposes of this chapter:
14 1. Organizations which are certified by the Department
15 of State as committees of continuous existence pursuant to s.
16 106.04, national political parties, and the state and county
17 executive committees of political parties regulated by chapter
18 103 shall not be considered political committees for the
19 purposes of this chapter.
20 2. Corporations regulated by chapter 607 or chapter
21 617 or other business entities formed for purposes other than
22 to support or oppose issues or candidates, are not political
23 committees if their political activities are limited to
24 contributions to candidates, political parties, or political
25 committees or expenditures in support of or opposition to an
26 issue from corporate or business funds and if no contributions
27 are received by such corporations or business entities.
28 (3) "Contribution" means:
29 (a) A gift, subscription, conveyance, deposit, loan,
30 payment, or distribution of money or anything of value,
31 including contributions in kind having an attributable
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1 monetary value in any form, made for the purpose of
2 influencing the results of an election.
3 (b) A transfer of funds between political committees,
4 between committees of continuous existence, or between a
5 political committee and a committee of continuous existence.
6 (c) The payment, by any person other than a candidate
7 or political committee, of compensation for the personal
8 services of another person which are rendered to a candidate
9 or political committee without charge to the candidate or
10 committee for such services.
11 (d) The transfer of funds by a campaign treasurer or
12 deputy campaign treasurer between a primary depository and a
13 separate interest-bearing account or certificate of deposit,
14 and the term includes any interest earned on such account or
15 certificate.
16 (e) Any funds received by a political committee which
17 are used or intended to be used, directly or indirectly, to
18 pay for a political advertisement supporting or opposing an
19 elected public official.
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21 Notwithstanding the foregoing meanings of "contribution," the
22 word shall not be construed to include services, including,
23 but not limited to, legal and accounting services, provided
24 without compensation by individuals volunteering a portion or
25 all of their time on behalf of a candidate or political
26 committee. This definition shall not be construed to include
27 editorial endorsements.
28 (4) "Expenditure" means a purchase, payment,
29 distribution, loan, advance, transfer of funds by a campaign
30 treasurer or deputy campaign treasurer between a primary
31 depository and a separate interest-bearing account or
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1 certificate of deposit, or gift of money or anything of value
2 made for the purpose of influencing the results of an election
3 or for purchasing a political advertisement supporting or
4 opposing an elected public official. However, "expenditure"
5 does not include a purchase, payment, distribution, loan,
6 advance, or gift of money or anything of value made for the
7 purpose of influencing the results of an election when made by
8 an organization, in existence prior to the time during which a
9 candidate qualifies or an issue is placed on the ballot for
10 that election, for the purpose of printing or distributing
11 such organization's newsletter, containing a statement by such
12 organization in support of or opposition to a candidate or
13 issue, which newsletter is distributed only to members of such
14 organization.
15 (17)(a) "Political advertisement" means a paid
16 expression in any communications media prescribed in
17 subsection (13), whether radio, television, newspaper,
18 magazine, periodical, campaign literature, direct mail, or
19 display or by means other than the spoken word in direct
20 conversation, which shall support or oppose any candidate,
21 elected public official, or issue. In addition, an
22 advertisement is presumed to be a political advertisement if
23 it is a paid expression in any communications media described
24 in subsection (13), whether radio, television, newspaper,
25 magazine, periodical, campaign literature, direct mail, or
26 display or by means other than the spoken word in direct
27 conversation, which substantially mentions or shows a clearly
28 identifiable candidate for election or reelection and is
29 distributed at any point during the period following the last
30 day of qualifying for that candidacy through the ensuing
31 general election and which, when examined by a reasonable
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1 person, would be understood as a communication made for the
2 purpose of influencing the results of an election on that
3 candidacy during that period and for which aggregate
4 expenditures on like advertisements exceed $1,000.
5 (b) However, "Political advertisement" does not
6 include:
7 1.(a) A statement by an organization, in existence
8 prior to the time during which a candidate qualifies or an
9 issue is placed on the ballot for that election, in support of
10 or opposition to a candidate or issue, in that organization's
11 newsletter, which newsletter is distributed only to the
12 members of that organization.
13 2.(b) Editorial endorsements by any newspaper, radio
14 or television station, or other recognized news medium.
15 3. A paid expression in any communications media which
16 mentions or shows a clearly identifiable candidate for
17 election or reelection which:
18 a. Advertises a business rather than the candidate, is
19 paid for out of funds of that business, and is similar to
20 other advertisements for that business which have mentioned or
21 shown the candidate and have been distributed regularly over a
22 period of at least 1 year before the qualifying period for
23 that candidacy; or
24 b. Is distributed or broadcast only to areas other
25 than the geographical area of the electorate for that
26 candidacy.
27 Section 3. Effective July 1, 2002, subsection (3) of
28 section 106.021, Florida Statutes, is amended to read:
29 106.021 Campaign treasurers; deputies; primary and
30 secondary depositories.--
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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 4. Section 106.03, Florida Statutes, is
17 amended to read:
18 106.03 Registration of political committees.--
19 (1) Each political committee which anticipates
20 receiving contributions or making expenditures during a
21 calendar year in an aggregate amount exceeding $500 or which
22 is seeking the signatures of registered electors in support of
23 an initiative shall file a statement of organization as
24 provided in subsection (4) (3) within 10 days after its
25 organization or, if later, within 10 days after the date on
26 which it has information which causes the committee to
27 anticipate that it will receive contributions or make
28 expenditures in excess of $500. If a political committee is
29 organized within 10 days of any election, it shall immediately
30 file the statement of organization required by this section.
31 (2) The statement of organization shall include:
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1 (a) The name and address of the committee;
2 (b) The names, addresses, and relationships of
3 affiliated or connected organizations;
4 (c) The area, scope, or jurisdiction of the committee;
5 (d) The name, address, and position, and principal
6 employer of the custodian of books and accounts;
7 (e) The name, address, and position, and principal
8 employer of each other principal officer officers, including
9 officers and members of the finance committee, if any;
10 (f) The name, address, office sought, and party
11 affiliation of:
12 1. Each candidate whom the committee is supporting;
13 2. Any other individual, if any, whom the committee is
14 supporting for nomination for election, or election, to any
15 public office whatever;
16 (g) Any issue or issues such organization is
17 supporting or opposing;
18 (h) If the committee is supporting the entire ticket
19 of any party, a statement to that effect and the name of the
20 party;
21 (i) A statement of whether the committee is a
22 continuing one;
23 (j) Plans for the disposition of residual funds which
24 will be made in the event of dissolution;
25 (k) A listing of all banks, safe-deposit boxes, or
26 other depositories used for committee funds; and
27 (l) A statement of the reports required to be filed by
28 the committee with federal officials, if any, and the names,
29 addresses, and positions of such officials.
30 (3)(a) The name of the committee provided in the
31 statement of organization must include the name of the
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1 corporation, labor union, professional association, political
2 committee, committee of continuous existence, or other
3 business entity whose officials, employees, agents, or
4 members, directly or indirectly, established or organized the
5 committee, if any.
6 (b) If the name of the committee provided in the
7 statement of organization does not include the name of a
8 corporation, labor union, professional association, political
9 committee, committee of continuous existence, or other
10 business entity, the name must include the economic or special
11 interest, if identifiable, principally represented by the
12 committee's organizers or intended to be advanced by the
13 committee's receipts.
14 (c) Any person who knowingly and willfully violates
15 this subsection shall be fined not less than $1,000 and not
16 more than $10,000 for each violation. Any officer, partner,
17 agent, attorney, or other representative of a corporation,
18 labor union, professional association, political committee,
19 committee of continuous existence, or other business entity
20 who aids, abets, advises, or participates in a violation of
21 any provision of this subsection shall be fined not less than
22 $1,000 and not more than $10,000 for each violation.
23 (4)(3)(a) A political committee which is organized to
24 support or oppose statewide, legislative, or multicounty
25 candidates or issues to be voted upon on a statewide or
26 multicounty basis shall file a statement of organization with
27 the Division of Elections.
28 (b) Except as provided in paragraph (c), a political
29 committee which is organized to support or oppose candidates
30 or issues to be voted on in a countywide election or
31 candidates or issues in any election held on less than a
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1 countywide basis shall file a statement of organization with
2 the supervisor of elections of the county in which such
3 election is being held.
4 (c) A political committee which is organized to
5 support or oppose only candidates for municipal office or
6 issues to be voted on in a municipal election shall file a
7 statement of organization with the officer before whom
8 municipal candidates qualify.
9 (d) Any political committee which would be required
10 under this subsection to file a statement of organization in
11 two or more locations by reason of the committee's intention
12 to support or oppose candidates or issues at state or
13 multicounty and local levels of government need file only with
14 the Division of Elections.
15 (5)(4) Any change in information previously submitted
16 in a statement of organization shall be reported to the agency
17 or officer with whom such committee is required to register
18 pursuant to subsection (4) (3), within 10 days following the
19 change.
20 (6)(5) Any committee which, after having filed one or
21 more statements of organization, disbands or determines it
22 will no longer receive contributions or make expenditures
23 during the calendar year in an aggregate amount exceeding $500
24 shall so notify the agency or officer with whom such committee
25 is required to file the statement of organization.
26 (7)(6) If the filing officer finds that a political
27 committee has filed its statement of organization consistent
28 with the requirements of subsections subsection (2) and (3),
29 it shall notify the committee in writing that it has been
30 registered as a political committee. If the filing officer
31 finds that a political committee's statement of organization
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1 does not meet the requirements of subsections subsection (2)
2 and (3), it shall notify the committee of such finding and
3 shall state in writing the reasons for rejection of the
4 statement of organization.
5 (8)(7) The Division of Elections shall adopt
6 promulgate rules to prescribe the manner in which inactive
7 committees may be dissolved and have their registration
8 canceled. Such rules shall, at a minimum, provide for:
9 (a) Notice which shall contain the facts and conduct
10 which warrant the intended action, including but not limited
11 to failure to file reports and limited activity.
12 (b) Adequate opportunity to respond.
13 (c) Appeal of the decision to the Florida Elections
14 Commission. Such appeals shall be exempt from the
15 confidentiality provisions of s. 106.25.
16 Section 5. Section 106.04, Florida Statutes, is
17 amended to read:
18 106.04 Committees of continuous existence.--
19 (1) In order to qualify as a committee of continuous
20 existence for the purposes of this chapter, a group,
21 organization, association, or other such entity which is
22 involved in making contributions to candidates, political
23 committees, or political parties, shall meet the following
24 criteria:
25 (a) It shall be organized and operated in accordance
26 with a written charter or set of bylaws which contains
27 procedures for the election of officers and directors and
28 which clearly defines membership in the organization; and
29 (b) At least 25 percent of the income of such
30 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 (2) Any group, organization, association, or other
4 entity may seek certification from the Department of State as
5 a committee of continuous existence by filing an application
6 with the Division of Elections on a form provided by the
7 division. Such application shall provide the information
8 required of political committees by s. 106.03(2) and (3), and
9 any change in such information shall be reported pursuant to
10 s. 106.03(5). Each application shall be accompanied by the
11 name and street address of the principal officer of the
12 applying entity as of the date of the application; a copy of
13 the charter or bylaws of the organization; a copy of the dues
14 or assessment schedule of the organization, or formula by
15 which dues or assessments are levied; an up-to-date membership
16 list; and a complete financial statement or annual audit
17 summarizing all income received, and all expenses incurred, by
18 the organization during the 12 months preceding the date of
19 application. The membership list must provide the name and
20 occupation of, and the amount of dues paid by, each member of
21 the organization and shall be updated and submitted with each
22 annual and regular report filed pursuant to subsection (4). A
23 membership list shall be made available for inspection if
24 deemed necessary by the division.
25 (3) If the Division of Elections finds that an
26 applying organization meets the criteria for a committee of
27 continuous existence as provided by subsection (1), it shall
28 certify such findings and notify the applying organization of
29 such certification. If it finds that an applying organization
30 does not meet the criteria for certification, it shall notify
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1 the organization of such findings and shall state the reasons
2 why such criteria are not met.
3 (4)(a) Each committee of continuous existence shall
4 file an annual report with the Division of Elections during
5 the month of January. Such annual reports shall contain the
6 same information and shall be accompanied by the same
7 materials as original applications filed pursuant to
8 subsection (2). However, the charter or bylaws need not be
9 filed if the annual report is accompanied by a sworn statement
10 by the chair that no changes have been made to such charter or
11 bylaws since the last filing.
12 (b)1. Each committee of continuous existence shall
13 file regular reports with the Division of Elections at the
14 same times and subject to the same filing conditions as are
15 established by s. 106.07(1) and (2) for candidates' reports.
16 2. Any committee of continuous existence failing to so
17 file a report with the Division of Elections pursuant to this
18 paragraph on the designated due date shall be subject to a
19 fine for late filing as provided by this section.
20 (c) All committees of continuous existence shall file
21 the original and one copy of their reports with the Division
22 of Elections. In addition, a duplicate copy of each report
23 shall be filed with the supervisor of elections in the county
24 in which the committee maintains its books and records, except
25 that if the filing officer to whom the committee is required
26 to report is located in the same county as the supervisor no
27 such duplicate report is required to be filed with the
28 supervisor. Reports shall be on forms provided by the
29 division and shall contain the following information:
30 1. The full name, address, and occupation of each
31 person who has made one or more contributions to the committee
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1 during the reporting period, together with the amounts and
2 dates of such contributions. For corporations, the report
3 must provide as clear a description as practicable of the
4 principal type of business conducted by the corporation.
5 However, if the contribution is $100 or less, the occupation
6 of the contributor or principal type of business need not be
7 listed. However, for any contributions which represent the
8 payment of dues by members in a fixed amount pursuant to the
9 schedule on file with the Division of Elections, only the
10 aggregate amount of such contributions need be listed,
11 together with the number of members paying such dues and the
12 amount of the membership dues.
13 2. The name and address of each political committee or
14 committee of continuous existence from which the reporting
15 committee received, or the name and address of each political
16 committee, committee of continuous existence, or political
17 party to which it made, any transfer of funds, together with
18 the amounts and dates of all transfers.
19 3. Any other receipt of funds not listed pursuant to
20 subparagraph 1. or subparagraph 2., including the sources and
21 amounts of all such funds.
22 4. The name and address of, and office sought by, each
23 candidate to whom the committee has made a contribution during
24 the reporting period, together with the amount and date of
25 each contribution.
26 (d) The treasurer of each committee shall certify as
27 to the correctness of each report and shall bear the
28 responsibility for its accuracy and veracity. Any treasurer
29 who willfully certifies to the correctness of a report while
30 knowing that such report is incorrect, false, or incomplete
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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 (5)(a) No committee of continuous existence shall
4 contribute to any candidate or political committee an amount
5 in excess of the limits contained in s. 106.08(1) or
6 participate in any other activity which is prohibited by this
7 chapter. If any violation occurs, it shall be punishable as
8 provided in this chapter for the given offense.
9 (b) No funds of a committee of continuous existence
10 shall be expended on behalf of a candidate, except by means of
11 a contribution made through the duly appointed campaign
12 treasurer of a candidate. No such committee shall make
13 expenditures in support of, or in opposition to, an issue or
14 an elected public official unless such committee first
15 registers as a political committee pursuant to this chapter
16 and undertakes all the practices and procedures required
17 thereof; provided such committee may make contributions in a
18 total amount not to exceed 25 percent of its aggregate income,
19 as reflected in the annual report filed for the previous year,
20 to one or more political committees registered pursuant to s.
21 106.03 and formed to support or oppose issues.
22 (6) All accounts and records of a committee of
23 continuous existence may be inspected under reasonable
24 circumstances by any authorized representative of the Division
25 of Elections or the Florida Elections Commission. All records
26 relating to political activities of a committee of continuous
27 existence, as specified in subsection (5), are public records
28 and subject to inspection under s. 119.07. The right of
29 inspection may be enforced by appropriate writ issued by any
30 court of competent jurisdiction.
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1 (7) If a committee of continuous existence ceases to
2 meet the criteria prescribed by subsection (1), the Division
3 of Elections shall revoke its certification until such time as
4 the criteria are again met. The Division of Elections shall
5 promulgate rules to prescribe the manner in which such
6 certification shall be revoked. Such rules shall, at a
7 minimum, provide for:
8 (a) Notice, which shall contain the facts and conduct
9 that warrant the intended action.
10 (b) Adequate opportunity to respond.
11 (c) Appeal of the decision to the Florida Elections
12 Commission. Such appeals shall be exempt from the
13 confidentiality provisions of s. 106.25.
14 (8)(a) Any committee of continuous existence failing
15 to file a report on the designated due date shall be subject
16 to a fine of. The fine shall be $500 per day for each late
17 day, not to exceed 25 percent of the total receipts or
18 expenditures, whichever is greater, for the period covered by
19 the late report. The fine shall be assessed by the filing
20 officer, and the moneys collected shall be deposited in the
21 Elections Commission Trust Fund. No separate fine shall be
22 assessed for failure to file a copy of any report required by
23 this section.
24 (b) Upon determining that a report is late, the filing
25 officer shall immediately notify the treasurer of the
26 committee as to the failure to file a report by the designated
27 due date and that a fine is being assessed for each late day.
28 Upon receipt of the report, the filing officer shall determine
29 the amount of fine which is due and shall notify the treasurer
30 of the committee. The filing officer shall determine the
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1 amount of the fine due based upon the earliest of the
2 following:
3 1. When the report is actually received by such
4 officer.
5 2. When the report is postmarked.
6 3. When the certificate of mailing is dated.
7 4. When the receipt from an established courier
8 company is dated.
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10 Such fine shall be paid to the filing officer within 20 days
11 after receipt of the notice of payment due, unless appeal is
12 made to the Florida Elections Commission pursuant to paragraph
13 (c). An officer or member of a committee shall not be
14 personally liable for such fine.
15 (c) Any treasurer of a committee may appeal or dispute
16 the fine, based upon unusual circumstances surrounding the
17 failure to file on the designated due date, and may request
18 and shall be entitled to a hearing before the Florida
19 Elections Commission, which shall have the authority to waive
20 the fine in whole or in part. Any such request shall be made
21 within 20 days after receipt of the notice of payment due. In
22 such case, the treasurer of the committee shall, within the
23 20-day period, notify the filing officer in writing of his or
24 her intention to bring the matter before the commission.
25 (d) The filing officer shall notify the Florida
26 Elections Commission of the repeated late filing by a
27 committee of continuous existence, the failure of a committee
28 of continuous existence to file a report after notice, or the
29 failure to pay the fine imposed.
30 Section 6. Any political committee or committee of
31 continuous existence organized before January 1, 2003, shall
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1 have 60 days, beginning January 1, 2003, within which to amend
2 its name, if necessary, to comply with the requirements of s.
3 106.03(3), Florida Statutes, as created by this act, or s.
4 106.04(2), Florida Statutes, as amended by this act, as
5 applicable.
6 Section 7. Subsection (3) of section 106.07, Florida
7 Statutes, is amended to read:
8 106.07 Reports; certification and filing.--
9 (3) Reports required of a political committee shall be
10 filed with the agency or officer before whom such committee
11 registers pursuant to s. 106.03(4)(3) and shall be subject to
12 the same filing conditions as established for candidates'
13 reports. Only committees that file with the Department of
14 State shall file the original and one copy of their reports.
15 Incomplete reports by political committees shall be treated in
16 the manner provided for incomplete reports by candidates in
17 subsection (2).
18 Section 8. If any provision of this act or the
19 application thereof to any person or circumstance is held
20 invalid, the invalidity shall not affect other provisions or
21 applications of the act which can be given effect without the
22 invalid provision or application, and to this end the
23 provisions of this act are declared severable.
24 Section 9. Except as otherwise provided herein, this
25 act shall take effect January 1, 2003.
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1 *****************************************
2 HOUSE SUMMARY
3
Creates the "Marjorie Turnbull Campaign Finance Reform
4 Act." Revises definitions of the terms "political
committee," "contribution," "expenditure," and "political
5 advertisement." Eliminates a provision that authorizes
the unrestricted expenditure of funds for the purpose of
6 jointly endorsing three or more candidates. Provides
additional requirements for registration of political
7 committees and certification of committees of continuous
existence, which relate to the principal employer of
8 certain officials and to the committee name. Requires
committees of continuous existence to update certain
9 certification information. Requires an up-to-date
membership list with the application for certification
10 and with each annual and regular report and specifies the
information membership lists must provide. Requires
11 membership dues to be reported in the same manner as
regular contributions. Prohibits committees of
12 continuous existence from making expenditures in support
of or opposition to an elected public official without
13 registering as a political committee. Provides that
records of a committee of continuous existence relating
14 to political activities are public records. Revises the
fine for late filing of reports by committees of
15 continuous existence. See bill for details.
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19
CODING: Words stricken are deletions; words underlined are additions.