SENATE AMENDMENT
    Bill No. CS for SB 114
    Amendment No. ___   Barcode 072042
                            CHAMBER ACTION
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11  Senators Dockery, Argenziano, Fasano, Constantine, Cowin and
12  Posey moved the following amendment:
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14         Senate Amendment 
15         On page 6, line 30, to page 8, line 6, delete those
16  lines
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18  and insert:  
19         4.  The organization's most senior officer, or, if
20  there is no formal organizational structure, the principal
21  organizer, if the person funding or sponsoring the
22  electioneering advertisement is a group other than a political
23  committee, committee of continuous existence, or executive
24  committee of a political party. The name, address, and title
25  of the designated individual must be filed with the division
26  in writing prior to, or contemporaneous with, the filing of
27  the initial report.
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29  Such a person is liable for violations of report filing
30  requirements to the same extent as candidates pursuant to ss.
31  106.07(5), 106.19, and 106.265.
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    2:47 PM   03/05/03                               s0114.ee15.1a

SENATE AMENDMENT Bill No. CS for SB 114 Amendment No. ___ Barcode 072042 1 (b) In addition to the penalties prescribed in 2 paragraph (a), the person funding or sponsoring an 3 electioneering advertisement and the person responsible for 4 reporting pursuant to this subsection shall be jointly and 5 severally liable for late filing fines assessed by the Florida 6 Elections Commission pursuant to s. 106.07(8). Any such person 7 may appeal or dispute the fine in accordance with the 8 provisions of s. 106.07(8)(c). 9 (5) Any electioneering advertisement must be approved 10 by the individual required to certify reports pursuant to 11 subsection (4). Such individual shall provide a written 12 statement of authorization to the newspaper, radio station, 13 television station, or other medium for each such 14 advertisement contemporaneous with the advertisement's initial 15 publication, display, broadcast, or other distribution. 16 (6)(a) If the person funding an electioneering 17 advertisement is an individual subject to certifying reports 18 pursuant to subsection (4)(a)1. or subsection (4)(a)3., the 19 advertisement must prominently state, "Paid advertisement paid 20 for and approved by ... (Name of person funding the 21 electioneering advertisement)...," followed by the address of 22 the person funding the advertisement. 23 (b) If the person funding an electioneering 24 advertisement is a group, organization, or committee subject 25 to certifying reports pursuant to subsection (4)(a)2. or 26 subsection (4)(a)4., the advertisement must prominently state, 27 "Paid advertisement paid for and approved by ...(Name and 28 title of individual(s) required to certify reports)... of 29 ...(name of group, organization, or committee)...," followed 30 by the address of the group, organization, or committee. 31 (c) The Florida Elections Commission is authorized, 2 2:47 PM 03/05/03 s0114.ee15.1a
SENATE AMENDMENT Bill No. CS for SB 114 Amendment No. ___ Barcode 072042 1 upon finding a violation of this subsection, to impose a civil 2 penalty in the form of fines not to exceed $5,000 or the total 3 cost of the advertisements without the proper disclaimer, 4 whichever is greater. In determining the amount of the 5 penalty, the commission must consider any mitigating or 6 aggravating circumstances prescribed in s. 106.265. This 7 penalty shall substitute for the penalties provided in s. 8 106.265, shall be deposited into the General Revenue Fund of 9 the state, and, if necessary, shall be collected pursuant to 10 s. 106.265(2). 11 (7) A person may not make a contribution through or in 12 the name of another, directly or indirectly, for the purpose 13 of funding an electioneering advertisement. Any advertisement, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 2:47 PM 03/05/03 s0114.ee15.1a