HOUSE AMENDMENT Bill No. HB 1861
1	CHAMBER ACTION
2	Senate House
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12	Representative Justice offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 1612 and 1613, insert:
16	Section 33. Subsection (13) of section 106.011, Florida
17	Statutes, is amended to read:
18	106.011 Definitions.--As used in this chapter, the
19	following terms have the following meanings unless the context
20	clearly indicates otherwise:
21	(13) "Communications media" means broadcasting stations,
22	newspapers, magazines, outdoor advertising facilities, printers,
23	direct mailing companies, advertising agencies, the Internet,
24	and telephone companies; but with respect to telephones, an
25	expenditure shall be deemed to be an expenditure for the use of
26	communications media only if made for the costs of telephones,
27	paid telephonists, or automatic telephone equipment to be used
28	by a candidate or a political committee to communicate with
29	potential voters but excluding any costs of telephones incurred
30	by a volunteer for use of telephones by such volunteer.
31	Section 34. Subsection (1) of section 106.141, Florida
32	Statutes, is amended to read:
33	106.141 Disposition of surplus funds by candidates.--
34	(1) Each candidate who withdraws his or her candidacy,
35	becomes an unopposed candidate, or is eliminated as a candidate,
36	or is elected to office shall, no later than 90 days after such
37	withdrawal, elimination, or electionwithin 90 days, dispose of
38	the funds on deposit in his or her campaign account and file a
39	report reflecting the disposition of all remaining funds. Such
40	candidate shall not accept any contributions, nor shall any
41	person accept contributions on behalf of such candidate, after
42	the candidate withdraws his or her candidacy, becomes an
43	unopposed candidate, or is eliminated or elected. However, if a
44	candidate receives a refund check after all surplus funds have
45	been disposed of, the check may be endorsed by the candidate and
46	the refund disposed of under this section. An amended report
47	must be filed showing the refund and subsequent disposition.
48	Section 35. Section 106.1437, Florida Statutes, is amended
49	to read:
50	106.1437 Miscellaneous advertisements.--
51	(1) As used in this section, the term:
52	(a) "Electioneering advertisement" means a paid expression
53	in any communications media prescribed in s. 106.011(13)
54	published on the day of any election or any of the preceding 29
55	days which names or depicts a candidate for office in that
56	election or which references a clearly identifiable ballot
57	measure in that election. Any advertisement that qualifies as an
58	independent expenditure pursuant to s. 106.011(5) or a political
59	advertisement pursuant to s. 106.011(17) is not an
60	electioneering advertisement for purposes of this section.
61	However, the term does not include:
62	1. A statement or depiction by an organization, in
63	existence prior to the time during which the candidate named or
64	depicted qualifies or the issue clearly referenced is placed on
65	the ballot for that election, made in that organization's
66	newsletter, which newsletter is distributed only to members of
67	that organization.
68	2. An editorial endorsement by any newspaper, radio, or
69	television station or other recognized news medium.
70	(b) "Contribution" means:
71	1. A gift, subscription, conveyance, deposit, loan,
72	payment, or distribution of money or anything of value,
73	including contributions in kind having an attributable monetary
74	value in any form, made for the purpose of funding or sponsoring
75	an electioneering advertisement.
76	2. A transfer of funds between a political committee or a
77	committee of continuous existence and a person funding or
78	sponsoring an electioneering advertisement.
79	3. The payment, by any person other than a candidate or
80	political committee, of compensation for the personal services
81	of another person which are rendered to a person funding or
82	sponsoring an electioneering advertisement.
83	(c) "Expenditure" means a purchase, payment, distribution,
84	loan, advance, or gift of money or anything of value made for
85	the purpose of funding or sponsoring an electioneering
86	advertisement. However, the term does not include a purchase,
87	payment, distribution, loan, advance, or gift of money or
88	anything of value made for the purpose of funding or sponsoring
89	an electioneering advertisement when made by an organization, in
90	existence prior to the time during which a candidate qualifies
91	or a ballot measure is placed on the ballot for that election,
92	for the purpose of printing or distributing such organization's
93	newsletter, containing a statement by such organization in
94	support of or opposition to a candidate or ballot measure, which
95	newsletter is distributed only to members of such organization.
96	(2) Each person that sponsors or funds an electioneering
97	advertisement must file regular reports of all contributions
98	received and all expenditures made by such person with the same
99	officer as a political committee supporting or opposing the
100	candidate named or depicted or the ballot measure referenced in
101	the advertisement. Such reports must contain the same
102	information and are subject to the same filing requirements as
103	reports required under s. 106.07 for candidates not receiving
104	public financing.
105	(3)(a) If the initial publication of the electioneering
106	advertisement occurs after the final regular report is due under
107	subsection (2) but prior to the closing of the polls on election
108	day, the person funding or sponsoring the advertisement must
109	file a report electronically with the division no later than 1
110	hour after the initial publication of the advertisement. The
111	report must contain the same information as required of a
112	candidate by s. 106.07(4). Upon receipt of the filing, the
113	division shall electronically transmit a confirmation of receipt
114	to the person filing the report. If the person is unable to file
115	electronically for any reason, a written report containing the
116	required information may be faxed or hand delivered to the
117	division no later than 1 hour after the initial publication of
118	the advertisement. However, if a report due to be filed under
119	this paragraph on a Saturday, Sunday, or legal holiday cannot be
120	electronically filed because of problems with Internet
121	communications, the report must be filed either electronically,
122	by facsimile, or by hand delivery with the division no later
123	than 10 a.m. on the next business day.
124	(b) The division shall adopt rules providing for
125	electronic filing which must, at a minimum, provide that:
126	1. The division develop an electronic filing system using
127	the Internet or other on-line technologies; and
128	2. The system be reasonably secure and be designed to
129	elicit the name, address, birth date, and any other information
130	necessary to authenticate the identity of the person submitting
131	the report.
132	(c) Information filed with the division pursuant to this
133	subsection must also be included on the next regular report
134	required under subsection(2).
135	(4)(a) The following persons shall be responsible for
136	filing the reports required in subsections (2) and (3), shall
137	certify as to the correctness of each report, and shall bear the
138	responsibility for the accuracy and veracity of each report:
139	1. The candidate and his or her campaign treasurer, if the
140	person funding or sponsoring the electioneering advertisement is
141	a candidate;
142	2. The committee chair and treasurer of the committee, if
143	the person funding or sponsoring the electioneering
144	advertisement is a political committee, committee of continuous
145	existence, or executive committee of a political party;
146	3. The individual, if the person funding or sponsoring the
147	electioneering advertisement is a natural person who is not a
148	candidate; or
149	4. An individual designated by the organization, if the
150	person funding or sponsoring the electioneering advertisement is
151	a group other than a political committee, committee of
152	continuous existence, or executive committee of a political
153	party. The name, address, and title of the designated individual
154	must be filed with the division in writing prior to, or
155	contemporaneous with, the filing of the initial report.
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157	Such person is liable for violations of report filing
158	requirements to the same extent as candidates pursuant to ss.
159	106.07(5), 106.19, and 106.265.
160	(b) In addition to the penalties prescribed in paragraph
161	(a), the person funding or sponsoring an electioneering
162	advertisement and the person responsible for reporting pursuant
163	to this subsection shall be jointly and severally liable for
164	late filing fines assessed by the Florida Elections Commission
165	pursuant to s. 106.07(8). Any such person may appeal or dispute
166	the fine in accordance with the provisions of s. 106.07(8)(c).
167	(5)(a) Any electioneering advertisement must prominently
168	state, "Paid advertisement paid for or sponsored by . . .
169	(Name of person funding or sponsoring the electioneering
170	advertisement) . . . ," followed by the address of the person
171	funding or sponsoring the advertisement.
172	(b) The Florida Elections Commission is authorized upon
173	finding a violation of this subsection to impose a civil penalty
174	in the form of fines not to exceed $5,000 or the total cost of
175	the advertisements without the proper disclaimer, whichever is
176	greater. In determining the amount of the penalty, the
177	commission must consider any mitigating or aggravating
178	circumstances prescribed in s. 106.265. This penalty shall
179	substitute for the penalties provided in s. 106.265, shall be
180	deposited into the General Revenue Fund of the state, and, if
181	necessary, shall be collected pursuant to s. 106.265(2).
182	(6) A person may not make a contribution through or in the
183	name of another, directly or indirectly, for the purpose of
184	funding an electioneering advertisement.Any advertisement,
185	other than a political advertisement, on billboards, bumper
186	stickers, radio, or television, or in a newspaper, a magazine,
187	or a periodical, intended to influence public policy or the vote
188	of a public official, shall clearly designate the sponsor of
189	such advertisement by including a clearly readable statement of
190	sponsorship. If the advertisement is broadcast on television,
191	the advertisement shall also contain a verbal statement of
192	sponsorship. This section shall not apply to an editorial
193	endorsement.
194	Section 36. If any provision of this act or its
195	application to any person or circumstance is held invalid, the
196	invalidity does not affect other provisions or applications of
197	the act which can be given effect without the invalid provision
198	or application, and to this end the provisions of this act are
199	severable.
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201	================= T I T L E A M E N D M E N T =================
202	Remove line(s) 83, and insert:
203	code affecting persons with disabilities; amending s.
204	106.011, F.S.; redefining the term "communications media";
205	amending s. 106.141, F.S.; extending the date for
206	unopposed candidates to file a termination report, to
207	conform; amending s. 106.1437, F.S.; modifying reporting
208	requirements for miscellaneous advertisements intended to
209	influence public policy; prescribing prohibitions and
210	exemptions; prescribing penalties; providing for
211	severability; providing