HOUSE AMENDMENT |
Bill No. HB 1909 |
|
|
|
|
1
|
CHAMBER ACTION |
2
|
|
3
|
. |
4
|
. |
5
|
. |
6
|
|
7
|
|
8
|
|
9
|
|
10
|
|
11
|
|
12
|
Representative Gottlieb offered the following: |
13
|
|
14
|
Amendment (with title amendment) |
15
|
Between line(s) 2398 and 2399, insert: |
16
|
Section 53. Section 97.055, Florida Statutes, is amended |
17
|
to read: |
18
|
97.055 Registration period openbooks; registration at |
19
|
pollswhen closed for an election.-- |
20
|
(1) The registration books shall remain open for purposes |
21
|
of registration and changes in registration as authorized in |
22
|
this code and may notmust be closed on the 29th day before any |
23
|
each election and must remain closed until after that election. |
24
|
Any person who is eligible under s. 97.041 may register to vote |
25
|
or update a voter registration at any time and in any manner |
26
|
authorized in this code, including on the day of an election.If |
27
|
an election is called and there are fewer than 29 days before |
28
|
that election, the registration books must be closed |
29
|
immediately. When the registration books are closed for an |
30
|
election, voter registration and party changes must be accepted |
31
|
but only for the purpose of subsequent elections.However, party |
32
|
changes received between the book-closingdate of the first |
33
|
primary election and the date of the second primary election are |
34
|
not effective until after the second primary election. |
35
|
(2) Any person eligible under s. 97.041 who wishes to |
36
|
register to vote or update a voter registration on the day of an |
37
|
election may do so at the polls, while the polls are open, by |
38
|
completing a voter registration application to provide the |
39
|
required information. However, if the person has previously |
40
|
attempted to register either by mail or through the division, a |
41
|
driver license office, a voter registration agency, or an armed |
42
|
forces recruitment office and that registration has not been |
43
|
received by the supervisor in time to include the person's name |
44
|
on the registration books or precinct register for that |
45
|
election, the person shall, prior to completing the voter |
46
|
registration application at the polls, inform the supervisor, |
47
|
deputy supervisor, or other authorized registration official of |
48
|
the prior attempt to register. Any such prior registration or |
49
|
update of such a registration received by the supervisor after |
50
|
the election shall be considered obviated or superseded by the |
51
|
registration or update of a registration at the polls on the day |
52
|
of that election.In computing the 29-day period for the closing |
53
|
of the registration books, the day of the election is excluded |
54
|
and all other days are included. If the 29th day preceding an |
55
|
election falls on a Sunday or a legal holiday, the registration |
56
|
books must be closed on the next day that is not a Sunday or a |
57
|
legal holiday. |
58
|
Section 54. Subsection (10) of section 97.021, Florida |
59
|
Statutes, is amended to read: |
60
|
97.021 Definitions.--For the purposes of this code, except |
61
|
where the context clearly indicates otherwise, the term: |
62
|
(10) "Election costs" shall include, but not be limited |
63
|
to, expenditures for all paper supplies such as envelopes, |
64
|
instructions to voters, affidavits, reports, ballot cards, |
65
|
ballot booklets for absentee voters, postage, notices to voters; |
66
|
advertisements for registration book closings,testing of voting |
67
|
equipment, sample ballots, and polling places; forms used to |
68
|
qualify candidates; polling site rental and equipment delivery |
69
|
and pickup; data processing time and supplies; election records |
70
|
retention; and labor costs, including those costs uniquely |
71
|
associated with absentee ballot preparation, poll workers, and |
72
|
election night canvass. |
73
|
Section 55. Subsection (4) of section 97.053, Florida |
74
|
Statutes, is amended to read: |
75
|
97.053 Acceptance of voter registration applications.-- |
76
|
(4) The registration date for a valid initial voter |
77
|
registration application that has been mailed and bears a clear |
78
|
postmark is the date of the postmark. If an initial voter |
79
|
registration application that has been mailed does not bear a |
80
|
postmark or if the postmark is unclear, the registration date is |
81
|
the date the registration is received by any supervisor or the |
82
|
division, unless it is received within 5 days after the closing |
83
|
of the books for an election, excluding Saturdays, Sundays, and |
84
|
legal holidays, in which case the registration date is the book- |
85
|
closing date. |
86
|
Section 56. Section 97.0555, Florida Statutes, is |
87
|
repealed.
|
88
|
Section 57. Subsection (3) of section 97.071, Florida |
89
|
Statutes, is amended to read: |
90
|
97.071 Registration identification card.-- |
91
|
(3) In the case of a change of name, address, or party |
92
|
affiliation, the supervisor must issue the voter a new |
93
|
registration identification card. However, a registration |
94
|
identification card indicating a party affiliation change made |
95
|
between the book-closing date offorthe first primary election |
96
|
and the date of the second primary election may not be issued |
97
|
until after the second primary election. |
98
|
Section 58. Subsection (5) of section 98.065, Florida |
99
|
Statutes, is amended to read: |
100
|
98.065 Registration list maintenance programs.-- |
101
|
(5) The supervisor must designate as inactive all voters |
102
|
who have been sent an address confirmation final notice and who |
103
|
have not returned the postage prepaid preaddressed return form |
104
|
within 30 days. A voter on the inactive list must be allowed to |
105
|
vote and to change the voter's name or address of legal |
106
|
residence at the polls pursuant to s. 101.045. Names on the |
107
|
inactive list may not be used to calculate the number of |
108
|
signatures needed on any petition or the quantity of voting |
109
|
equipment needed. |
110
|
Section 59. Subsections (1) and (3) of section 98.081, |
111
|
Florida Statutes, are amended to read: |
112
|
98.081 Names removed from registration books; restrictions |
113
|
on reregistering; recordkeeping; restoration of erroneously or |
114
|
illegally removed names.-- |
115
|
(1) Any person who requested that his or her name be |
116
|
removed from the registration books between the book-closing |
117
|
date of the first primary and the date of the second primary may |
118
|
not register in a different political party until after the date |
119
|
of the second primary election. |
120
|
(3) When the name of any elector has been erroneously or |
121
|
illegally removed from the registration books, the name of the |
122
|
elector shall be restored by the supervisor upon satisfactory |
123
|
proof, even though the registration period for that election is |
124
|
closed. |
125
|
Section 60. Section 98.231, Florida Statutes, is amended |
126
|
to read: |
127
|
98.231 Supervisor of elections to furnish Department of |
128
|
State number of registered electors.--The supervisor of each |
129
|
county, not less thanwithin 15 days after the closing of |
130
|
registration booksprior to the election, shall, for the county |
131
|
and for each legislative and congressional district in which |
132
|
such county or any portion thereof is located, advise the |
133
|
Department of State of the total number of registered electors |
134
|
of each political party in which any elector has registered and |
135
|
the number of electors registered as independents or without |
136
|
party affiliation. |
137
|
Section 61. Section 101.045, Florida Statutes, is amended |
138
|
to read: |
139
|
101.045 Electors must be registered in precinct; |
140
|
provisions for residence or name change.-- |
141
|
(1) No person shall be permitted to vote in any election |
142
|
precinct or district other than the one in which the person has |
143
|
his or her legal residence and in which the person is |
144
|
registered. However, a person temporarily residing outside the |
145
|
county shall be registered in the precinct in which the main |
146
|
office of the supervisor, as designated by the supervisor, is |
147
|
located when the person has no permanent address in the county |
148
|
and it is the person's intention to remain a resident of Florida |
149
|
and of the county in which he or she is registered to vote. Such |
150
|
persons who are registered in the precinct in which the main |
151
|
office of the supervisor, as designated by the supervisor, is |
152
|
located and who are residing outside the county with no |
153
|
permanent address in the county shall not be registered electors |
154
|
of a municipality and therefore shall not be permitted to vote |
155
|
in any municipal election. |
156
|
(2)(a) An elector who moves from the precinct within the |
157
|
county in which the elector is registered may be permitted to |
158
|
vote in the precinct to which he or she has moved his or her |
159
|
legal residence or, provided such elector completes an |
160
|
affirmation in substantially the following form:
|
161
|
|
162
|
Change of Legal Residence of Registered
|
163
|
Voter
|
164
|
|
165
|
Under penalties for false swearing, I, ... (Name of voter) |
166
|
..., swear (or affirm) that the former address of my legal |
167
|
residence was ... (Address of legal residence) ... in the |
168
|
municipality of _____, in _____ County, Florida, and I was |
169
|
registered to vote in the _____ precinct of _____ County, |
170
|
Florida; that I have not voted in the precinct of my former |
171
|
registration in this election; that I now reside at ... |
172
|
(Address of legal residence) ... in the Municipality of _____, |
173
|
in _____ County, Florida, and am therefore eligible to vote in |
174
|
the _____ precinct of _____ County, Florida; and I further swear |
175
|
(or affirm) that I am otherwise legally registered and entitled |
176
|
to vote.
|
177
|
|
178
|
... (Signature of voter whose address of legal residence has |
179
|
changed) ...
|
180
|
|
181
|
(b)an elector whose name changes because of marriage or |
182
|
other legal process may be permitted to vote, provided such |
183
|
elector completes an affirmation in substantially the following |
184
|
form:
|
185
|
|
186
|
Change of Name of Registered
|
187
|
Voter
|
188
|
|
189
|
Under penalties for false swearing, I, ... (New name of voter) |
190
|
..., swear (or affirm) that my name has been changed because of |
191
|
marriage or other legal process. My former name and address of |
192
|
legal residence appear on the registration books of precinct |
193
|
_____ as follows:
|
194
|
Name
|
195
|
Address
|
196
|
Municipality
|
197
|
County
|
198
|
Florida, Zip
|
199
|
My present name and address of legal residence are as follows:
|
200
|
Name
|
201
|
Address
|
202
|
Municipality
|
203
|
County
|
204
|
Florida, Zip
|
205
|
and I further swear (or affirm) that I am otherwise legally |
206
|
registered and entitled to vote.
|
207
|
|
208
|
... (Signature of voter whose name has changed) ...
|
209
|
|
210
|
(c) Such affirmation, when completed and presented at the |
211
|
precinct in which such elector is entitled to vote, and upon |
212
|
verification of the elector's registration, shall entitle such |
213
|
elector to vote as provided in this subsection. If the elector's |
214
|
eligibility to vote cannot be determined, he or she shall be |
215
|
entitled to vote a provisional ballot, subject to the |
216
|
requirements and procedures in s. 101.048. Upon receipt of an |
217
|
affirmation certifying a change in address of legal residence or |
218
|
name, the supervisor shall as soon as practicable make the |
219
|
necessary changes in the registration records of the county to |
220
|
indicate the change in address of legal residence or name of |
221
|
such elector.
|
222
|
(d) Instead of the affirmation contained in paragraph (a) |
223
|
or paragraph (b), an elector may completea voter registration |
224
|
application that indicates the change of name or change of |
225
|
address of legal residence or change of name. |
226
|
(b)(e)A request for an absentee ballot pursuant to s. |
227
|
101.62 which indicates that the elector has had a change of |
228
|
address of legal residence from that in the supervisor's records |
229
|
shall be sufficient as the notice to the supervisor of change of |
230
|
address of legal residence required by this section. Upon |
231
|
receipt of such request for an absentee ballot from an elector |
232
|
who has changed his or her address of legal residence, the |
233
|
supervisor shall provide the elector with the proper ballot for |
234
|
the precinct in which the elector then has his or her legal |
235
|
residence. |
236
|
(3) When an elector's name does not appear on the |
237
|
registration books or precinct registerof the election precinct |
238
|
in which the elector claims to beisregistered, the elector may |
239
|
have his or her name restored by completing a voter registration |
240
|
application to provide the required information indicating |
241
|
eligibility under s. 97.041if the supervisor is otherwise |
242
|
satisfied that the elector is validly registered, that the |
243
|
elector's name has been erroneously omitted from the books, and |
244
|
that the elector is entitled to have his or her name restored. |
245
|
The supervisor, if he or she is satisfied as to the elector's |
246
|
previous registration, shall thenallow such person to vote and |
247
|
shall thereafter issue a duplicate registration identification |
248
|
card. |
249
|
Section 62. Section 101.663, Florida Statutes, is amended |
250
|
to read: |
251
|
101.663 Electors; change of residence.-- |
252
|
(1) An elector who changes his or her residence to another |
253
|
county in Florida from the county in Florida in which he or she |
254
|
is registered as an elector must register in the county of his |
255
|
or her new residence prior to being allowed to vote in any |
256
|
election and may not vote, either in person or by absentee |
257
|
ballot, in the county of his or her former residenceafter the |
258
|
books in the county to which the elector has changed his or her |
259
|
residence are closed for any general, primary, or special |
260
|
election shall be permitted to vote absentee in the county of |
261
|
his or her former residence in that election for President and |
262
|
Vice President, United States Senator, statewide offices, and |
263
|
statewide issues. Such person shall not be permitted to vote in |
264
|
the county of the person's former residence after the general |
265
|
election. |
266
|
(2) An elector registered in this state who moves his or |
267
|
her permanent residence to another state and who is prohibited |
268
|
by the laws of that state from voting for the offices of |
269
|
President and Vice President of the United States mayshallbe |
270
|
permitted to vote absentee in the county of his or her former |
271
|
residence for those offices. |
272
|
Section 63. Subsection (8) of section 101.151, Florida |
273
|
Statutes, is renumbered as subsection (9), and a new subsection |
274
|
(8) is added to said section to read: |
275
|
101.151 Specifications for ballots.-- |
276
|
(8) A ballot may not exceed seven standard letter size |
277
|
pages in length or the equivalent. The department shall provide |
278
|
by rule what constitutes the equivalent ballot length for voting |
279
|
systems that use a ballot card or paper ballot of a different |
280
|
size and for electronic or electromechanical voting systems that |
281
|
do not use a ballot card or paper ballot.
|
282
|
Section 64. Subsection (1) of section 100.011, Florida |
283
|
Statutes, is amended to read: |
284
|
100.011 Opening and closing of polls, all elections; |
285
|
expenses.-- |
286
|
(1) The polls shall be open at the voting places at 77:00 |
287
|
a.m., on the day of the election, and shall be kept open until 9 |
288
|
7:00 p.m.,of the same day, and the time shall be regulated by |
289
|
the customary time in standard use in the county seat of the |
290
|
locality. The inspectors shall make public proclamation of the |
291
|
opening and closing of the polls. During the election and |
292
|
canvass of the votes, the ballot box shall not be concealed. |
293
|
Section 65. Section 101.65, Florida Statutes, is amended |
294
|
to read: |
295
|
101.65 Instructions to absent electors.--The supervisor |
296
|
shall enclose with each absentee ballot separate printed |
297
|
instructions in substantially the following form: |
298
|
|
299
|
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT. |
300
|
1. VERY IMPORTANT. In order to ensure that your absentee |
301
|
ballot will be counted, it should be completed and returned as |
302
|
soon as possible so that it can reach the supervisor of |
303
|
elections of the county in which your precinct is located no |
304
|
later than 97p.m. on the day of the election. |
305
|
2. Mark your ballot in secret as instructed on the ballot. |
306
|
You must mark your own ballot unless you are unable to do so |
307
|
because of blindness, disability, or inability to read or write. |
308
|
3. Place your marked ballot in the enclosed secrecy |
309
|
envelope. |
310
|
4. Insert the secrecy envelope into the enclosed mailing |
311
|
envelope which is addressed to the supervisor. |
312
|
5. Seal the mailing envelope and completely fill out the |
313
|
Voter's Certificate on the back of the mailing envelope. |
314
|
6. VERY IMPORTANT. In order for your absentee ballot to be |
315
|
counted, you must sign your name on the line above (Voter's |
316
|
Signature). |
317
|
7. VERY IMPORTANT. If you are an overseas voter, you must |
318
|
include the date you signed the Voter's Certificate on the line |
319
|
above (Date) or your ballot may not be counted. |
320
|
8. VERY IMPORTANT. In order for your absentee ballot to be |
321
|
counted, it must include the signature and address of a witness |
322
|
18 years of age or older affixed to the Voter's Certificate. No |
323
|
candidate may serve as an attesting witness. |
324
|
9. Mail, deliver, or have delivered the completed mailing |
325
|
envelope. Be sure there is sufficient postage if mailed. |
326
|
10. FELONY NOTICE. It is a felony under Florida law to |
327
|
accept any gift, payment, or gratuity in exchange for your vote |
328
|
for a candidate. It is also a felony under Florida law to vote |
329
|
in an election using a false identity or false address, or under |
330
|
any other circumstances making your ballot false or fraudulent. |
331
|
Section 66. Subsection (2) of section 101.67, Florida |
332
|
Statutes, is amended to read: |
333
|
101.67 Safekeeping of mailed ballots; deadline for |
334
|
receiving absentee ballots.-- |
335
|
(2) All marked absent electors' ballots to be counted must |
336
|
be received by the supervisor by 97p.m. the day of the |
337
|
election. All ballots received thereafter shall be marked with |
338
|
the time and date of receipt and filed in the supervisor's |
339
|
office. |
340
|
Section 67. Section 101.657, Florida Statutes, is amended |
341
|
to read: |
342
|
101.657 Voting absentee ballots in person.-- |
343
|
(1) Any qualified and registered elector may pick up and |
344
|
vote an absentee ballot in person at the office of, and under |
345
|
the supervision of, the supervisor of elections. Before |
346
|
receiving the ballot, the elector must present a Florida |
347
|
driver's license, a Florida identification card issued under s. |
348
|
322.051, or another form of picture identification approved by |
349
|
the Department of State. If the elector fails to furnish the |
350
|
required identification, or if the supervisor is in doubt as to |
351
|
the identity of the elector, the supervisor must follow the |
352
|
procedure prescribed in s. 101.49. |
353
|
(2)(a)As an alternative to the provisions of ss. 101.64 |
354
|
and 101.65, the supervisor of elections may allow an elector to |
355
|
cast an absentee ballot in the main or branch office of the |
356
|
supervisor by depositing the voted ballot in a voting device |
357
|
used by the supervisor to collect or tabulate ballots. The |
358
|
results or tabulation may not be made before the close of the |
359
|
polls on election day. |
360
|
(b) Three weeks prior to each primary and general |
361
|
election, the supervisor of elections shall allow voting by |
362
|
absentee ballot in the main office and each branch office each |
363
|
day of the week, including Saturday and Sunday, for a period of |
364
|
not less than 8 hours, beginning no later than 9 a.m. To the |
365
|
extent practicable, the supervisor shall also provide for voting |
366
|
by absentee ballot during this period in other locations located |
367
|
equally throughout the county. Such locations may include |
368
|
libraries, schools, and other facilities used as polling places |
369
|
on election day. In addition, the supervisor may authorize the |
370
|
use of mobile units for purposes of voting an absentee ballot |
371
|
under this paragraph, provided the locations at which such units |
372
|
are set up do not include any location regularly used by and |
373
|
associated with a political party or partisan political |
374
|
organization.
|
375
|
(c)(a)The elector must provide picture identification and |
376
|
must complete an In-Office Voter Certificate in substantially |
377
|
the following form: |
378
|
|
379
|
IN-OFFICE VOTER CERTIFICATE |
380
|
|
381
|
I, _____, am a qualified elector in this election and registered |
382
|
voter of _____ County, Florida. I do solemnly swear or affirm |
383
|
that I am the person so listed on the voter registration rolls |
384
|
of _____ County and that I reside at the listed address. I |
385
|
understand that if I commit or attempt to commit fraud in |
386
|
connection with voting, vote a fraudulent ballot, or vote more |
387
|
than once in an election I could be convicted of a felony of the |
388
|
third degree and both fined up to $5,000 and imprisoned for up |
389
|
to 5 years. I understand that my failure to sign this |
390
|
certificate and have my signature witnessed invalidates my |
391
|
ballot. |
392
|
|
393
|
|
394
|
... (Voter's Signature) ... |
395
|
|
396
|
... (Address) ... |
397
|
|
398
|
... (City/State) ... |
399
|
|
400
|
... (Name of Witness) ... |
401
|
|
402
|
... (Signature of Witness) ... |
403
|
|
404
|
... (Type of identification provided) ... |
405
|
|
406
|
(d)(b)Any elector may challenge an elector seeking to |
407
|
cast an absentee ballot under the provisions of s. 101.111. Any |
408
|
challenged ballot must be placed in a regular absentee ballot |
409
|
envelope. The canvassing board shall review the ballot and |
410
|
decide the validity of the ballot by majority vote. |
411
|
(e)(c)The canvass of returns for ballots cast under this |
412
|
subsection shall be substantially the same as votes cast by |
413
|
electors in precincts, as provided in s. 101.5614. |
414
|
Section 68. Subsection (26) of section 97.021, Florida |
415
|
Statutes, is amended to read: |
416
|
97.021 Definitions.--For the purposes of this code, except |
417
|
where the context clearly indicates otherwise, the term: |
418
|
(26) "Provisional ballot" means a ballot issued to a voter |
419
|
by the supervisor during early voting or bythe election board |
420
|
at the polling place on election day for one of the following |
421
|
reasons: |
422
|
(a) The voter's name does not appear on the registration |
423
|
books orthe precinct register and verification of the voter's |
424
|
eligibility cannot be determined; or |
425
|
(b) There is an indication on the registration books or |
426
|
the precinct register that the voter has requested an absentee |
427
|
ballot and there is no indication whether the voter has returned |
428
|
the absentee ballot. |
429
|
Section 69. Section 101.048, Florida Statutes, is amended |
430
|
to read: |
431
|
101.048 Provisional ballots.-- |
432
|
(1) ForAtall elections, a voter claiming to be properly |
433
|
registered in the county and eligible to vote at atheprecinct |
434
|
in the election, but whose eligibility cannot be determined, |
435
|
shall be entitled to vote a provisional ballot at that precinct |
436
|
or, if voting early at the main office or a branch office of the |
437
|
supervisor, a provisional ballot for that precinct. Once voted, |
438
|
the provisional ballot shall be placed in a secrecy envelope and |
439
|
thereafter sealed in a provisional ballot envelope. The |
440
|
provisional ballot shall be deposited in a ballot box. All |
441
|
provisional ballots shall remain sealed in their envelopes for |
442
|
return to the supervisor of elections. |
443
|
(2)(a) The county canvassing board shall examine each |
444
|
provisional ballot envelope to determine if the person voting |
445
|
that precinct's ballot was entitled to vote that ballotat the |
446
|
precinct where the person cast a votein the election and that |
447
|
the person had not already cast a ballot in the election. |
448
|
(b)1. If it is determined that the person was registered |
449
|
and entitled to vote that ballotat the precinct where the |
450
|
person cast a votein the election, the canvassing board shall |
451
|
compare the signature on the provisional ballot envelope with |
452
|
the signature on the voter's registration and, if it matches, |
453
|
shall count the ballot. |
454
|
2. If it is determined that the person voting the |
455
|
provisional ballot was not registered or entitled to vote that |
456
|
ballotat the precinct where the person cast a votein the |
457
|
election, the provisional ballot shall not be counted and the |
458
|
ballot shall remain in the envelope containing the Provisional |
459
|
Ballot Voter's Certificate and Affirmation and the envelope |
460
|
shall be marked "Rejected as Illegal." |
461
|
(3) The Provisional Ballot Voter's Certificate and |
462
|
Affirmation shall be in substantially the following form: |
463
|
|
464
|
STATE OF FLORIDA |
465
|
COUNTY OF _____ |
466
|
|
467
|
I do solemnly swear (or affirm) that my name is _____; that |
468
|
my date of birth is _____; that I am registered to vote and at |
469
|
the time I registered I resided at _____, in the municipality of |
470
|
_____, in _____ County, Florida; that I am registered in the |
471
|
_____ Party; that I am a qualified voter of the county; and that |
472
|
I have not voted in this election. I understand that if I commit |
473
|
any fraud in connection with voting, vote a fraudulent ballot, |
474
|
or vote more than once in an election, I can be convicted of a |
475
|
felony of the third degree and fined up to $5,000 and/or |
476
|
imprisoned for up to 5 years. |
477
|
... (Signature of Voter) ... |
478
|
... (Current Residence Address) ... |
479
|
... (Current Mailing Address) ... |
480
|
... (City, State, Zip Code) ... |
481
|
|
482
|
Sworn to and subscribed before me this _____ day of __________, |
483
|
... (year) .... |
484
|
... (Election Official) ... |
485
|
|
486
|
Precinct # _____Ballot Style/Party Issued: _____ |
487
|
|
488
|
Additional information may be provided to further assist the |
489
|
supervisor of elections in determining eligibility. |
490
|
|
491
|
(4) In counties where the voting system does not utilize a |
492
|
paper ballot, the supervisor of elections shall provide the |
493
|
appropriate provisional ballots to each polling place. |
494
|
Section 70. Section 106.161, Florida Statutes, is amended |
495
|
to read: |
496
|
106.161 Air time available at the lowest unit rate.--To |
497
|
the extent permitted by federal law, all broadcast radio and |
498
|
television stations and all cable television stations shall make |
499
|
air time available to candidates for public office at the lowest |
500
|
unit rate. To the extent permitted by federal law, all broadcast |
501
|
radio and television stations must offer 2.5 minutes of free air |
502
|
time prior to each election to each candidate for public office |
503
|
appearing on the ballot for that election within the area the |
504
|
station covers. |
505
|
Section 71. There is created a task force to rebut false |
506
|
or inaccurate statements in political campaigns. Each major |
507
|
political party regulated under chapter 103, Florida Statutes, |
508
|
and each minor political party, as defined in s. 97.021(15), |
509
|
Florida Statutes, may select one member to serve on the task |
510
|
force. Any rebuttal issued by the task force shall be considered |
511
|
a public service announcement and not a political advertisement |
512
|
and is not subject to reporting as a contribution or expenditure |
513
|
under chapter 106, Florida Statutes. The cost of disseminating |
514
|
the rebuttal shall be borne equally by the political parties |
515
|
appointing members to the task force.
|
516
|
Section 72. Subsection (1) of section 110.117, Florida |
517
|
Statutes, is amended to read: |
518
|
110.117 Paid holidays.-- |
519
|
(1) The following holidays shall be paid holidays observed |
520
|
by all state branches and agencies: |
521
|
(a) New Year's Day. |
522
|
(b) Birthday of Martin Luther King, Jr., third Monday in |
523
|
January. |
524
|
(c) Memorial Day. |
525
|
(d) Independence Day. |
526
|
(e) Labor Day. |
527
|
(f) General Election Day.
|
528
|
(g)(f)Veterans' Day, November 11. |
529
|
(h)(g)Thanksgiving Day. |
530
|
(i)(h)Friday after Thanksgiving. |
531
|
(j)(i)Christmas Day. |
532
|
(k)(j)If any of these holidays falls on Saturday, the |
533
|
preceding Friday shall be observed as a holiday. If any of these |
534
|
holidays falls on Sunday, the following Monday shall be observed |
535
|
as a holiday. |
536
|
Section 73. Paragraph (r) of subsection (1) of section |
537
|
683.01, Florida Statutes, is reenacted to read: |
538
|
683.01 Legal holidays.-- |
539
|
(1) The legal holidays, which are also public holidays, |
540
|
are the following: |
541
|
(r) General Election Day. |
542
|
Section 74. Section 106.08, Florida Statutes, is amended |
543
|
to read: |
544
|
106.08 Contributions; limitations on.-- |
545
|
(1)(a) Except for political parties, No person, political |
546
|
committee, or committee of continuous existencemay, in any |
547
|
election, make contributions in excess of $500 to any candidate |
548
|
for election to or retention in office or to any political |
549
|
committee supporting or opposing one or more candidates. |
550
|
However, a political committee may not make a contribution to |
551
|
any candidate for election to or retention in office.Candidates |
552
|
for the offices of Governor and Lieutenant Governor on the same |
553
|
ticket are considered a single candidate for the purpose of this |
554
|
section. |
555
|
(b)1. The contribution limits provided in this subsection |
556
|
do not apply to contributions made by a state or county |
557
|
executive committee of a political party regulated by chapter |
558
|
103 or to amounts contributed by a candidate to his or her own |
559
|
campaign. |
560
|
2. Notwithstanding the limits provided in this subsection, |
561
|
an unemancipated child under the age of 18 years of age may not |
562
|
make a contribution in excess of $100 to any candidate or to any |
563
|
political committee supporting one or more candidates. |
564
|
(c) The contribution limits of this subsection apply to |
565
|
each election. For purposes of this subsection, the first |
566
|
primary, second primary, and general election are separate |
567
|
elections so long as the candidate is not an unopposed candidate |
568
|
as defined in s. 106.011(14)(15). However, for the purpose of |
569
|
contribution limits with respect to candidates for retention as |
570
|
a justice or judge, there is only one election, which is the |
571
|
general election. With respect to candidates in a circuit |
572
|
holding an election for circuit judge or in a county holding an |
573
|
election for county court judge, there are only two elections, |
574
|
which are the first primary election and general election. |
575
|
(2) A person may not make contributions to the state and |
576
|
county executive committees of a political party, including any |
577
|
subordinate committee of a state or county executive committee |
578
|
of a political party, which contributions, including in-kind |
579
|
contributions, in the aggregate in any calendar year exceed |
580
|
$5,000. |
581
|
(3)(2)(a)A candidate may not accept contributions from |
582
|
national, state, including any subordinate committee of a |
583
|
national, state, or county committee of a political party, and |
584
|
county executive committees of a political party, which |
585
|
contributions in the aggregate exceed $50,000, no more than |
586
|
$25,000 of which may be accepted prior to the 28-day period |
587
|
immediately preceding the date of the general election. |
588
|
(b) Polling services, research services, costs for |
589
|
campaign staff, professional consulting services, and telephone |
590
|
calls are not contributions to be counted toward the |
591
|
contribution limits of paragraph (a). Any item not expressly |
592
|
identified in this paragraph as nonallocable is a contribution |
593
|
in an amount equal to the fair market value of the item and must |
594
|
be counted as allocable toward the $50,000 contribution limits |
595
|
of paragraph (a). Nonallocable, in-kind contributions must be |
596
|
reported by the candidate under s. 106.07 and by the political |
597
|
party under s. 106.29.
|
598
|
(4)(3)(a) Any contribution received by a candidate with |
599
|
opposition in an election or by the campaign treasurer or a |
600
|
deputy campaign treasurer of such a candidate on the day of that |
601
|
election or less than 5 days prior to the day of that election |
602
|
must be returned by him or her to the person or committee |
603
|
contributing it and may not be used or expended by or on behalf |
604
|
of the candidate. |
605
|
(b) Except as otherwise provided in paragraph (c), any |
606
|
contribution received by a candidate or by the campaign |
607
|
treasurer or a deputy campaign treasurer of a candidate after |
608
|
the date at which the candidate withdraws his or her candidacy, |
609
|
or after the date the candidate is defeated, becomes unopposed, |
610
|
or is elected to office must be returned to the person or |
611
|
committeecontributing it and may not be used or expended by or |
612
|
on behalf of the candidate. |
613
|
(c) With respect to any campaign for an office in which an |
614
|
independent or minor party candidate has filed as required in s. |
615
|
99.0955 or s. 99.096, but whose qualification is pending a |
616
|
determination by the Department of State or supervisor of |
617
|
elections as to whether or not the required number of petition |
618
|
signatures was obtained: |
619
|
1. The department or supervisor shall, no later than 3 |
620
|
days after that determination has been made, notify in writing |
621
|
all other candidates for that office of that determination. |
622
|
2. Any contribution received by a candidate or the |
623
|
campaign treasurer or deputy campaign treasurer of a candidate |
624
|
after the candidate has been notified in writing by the |
625
|
department or supervisor that he or she has become unopposed as |
626
|
a result of an independent or minor party candidate failing to |
627
|
obtain the required number of petition signatures shall be |
628
|
returned to the person, political committee, or committee of |
629
|
continuous existencecontributing it and shall not be used or |
630
|
expended by or on behalf of the candidate. |
631
|
(5)(4)Any contribution received by the chair, campaign |
632
|
treasurer, or deputy campaign treasurer of a political committee |
633
|
supporting or opposing a candidate with opposition in an |
634
|
election or supporting or opposing an issue on the ballot in an |
635
|
election on the day of that election or less than 5 days prior |
636
|
to the day of that election may not be obligated or expended by |
637
|
the committee until after the date of the election. |
638
|
(6)(5)(a) A person may not make any contribution through |
639
|
or in the name of another, directly or indirectly, in any |
640
|
election. |
641
|
(b) Candidates, political committees, and political |
642
|
parties may not solicit contributions from any religious, |
643
|
charitable, civic, or other causes or organizations established |
644
|
primarily for the public good. |
645
|
(c) Candidates, political committees, and political |
646
|
parties may not make contributions, in exchange for political |
647
|
support, to any religious, charitable, civic, or other cause or |
648
|
organization established primarily for the public good. It is |
649
|
not a violation of this paragraph for: |
650
|
1. A candidate, political committee, or political party |
651
|
executive committee to make gifts of money in lieu of flowers in |
652
|
memory of a deceased person; |
653
|
2. A candidate to continue membership in, or make regular |
654
|
donations from personal or business funds to, religious, |
655
|
political party, civic, or charitable groups of which the |
656
|
candidate is a member or to which the candidate has been a |
657
|
regular donor for more than 6 months; or |
658
|
3. A candidate to purchase, with campaign funds, tickets, |
659
|
admission to events, or advertisements from religious, civic, |
660
|
political party, or charitable groups. |
661
|
(7)(6)A political party may not accept any contribution |
662
|
which has been specifically designated for the partial or |
663
|
exclusive use of a particular candidate. Any contribution so |
664
|
designated must be returned to the contributor and may not be |
665
|
used or expended by or on behalf of the candidate. |
666
|
(8)(7)(a) Any person who knowingly and willfully makes no |
667
|
more than one contribution in violation of subsection (1), |
668
|
subsection (2), or subsection (6)(5), or any person who |
669
|
knowingly and willfully fails or refuses to return any |
670
|
contribution as required in subsection (4)(3), commits a |
671
|
misdemeanor of the first degree, punishable as provided in s. |
672
|
775.082 or s. 775.083. If any corporation, partnership, or other |
673
|
business entity or any political party or, political committee, |
674
|
or committee of continuous existenceis convicted of knowingly |
675
|
and willfully violating any provision punishable under this |
676
|
paragraph, it shall be fined not less than $1,000 and not more |
677
|
than $10,000. If it is a domestic entity, it may be ordered |
678
|
dissolved by a court of competent jurisdiction; if it is a |
679
|
foreign or nonresident business entity, its right to do business |
680
|
in this state may be forfeited. Any officer, partner, agent, |
681
|
attorney, or other representative of a corporation, partnership, |
682
|
or other business entity or of a political party or,political |
683
|
committee, or committee of continuous existencewho aids, abets, |
684
|
advises, or participates in a violation of any provision |
685
|
punishable under this paragraph commits a misdemeanor of the |
686
|
first degree, punishable as provided in s. 775.082 or s. |
687
|
775.083. |
688
|
(b) Any person who knowingly and willfully makes two or |
689
|
more contributions in violation of subsection (1), subsection |
690
|
(2), or subsection (6), or any combination thereof,(5)commits |
691
|
a felony of the third degree, punishable as provided in s. |
692
|
775.082, s. 775.083, or s. 775.084. If any corporation, |
693
|
partnership, or other business entity or any political party or, |
694
|
political committee, or committee of continuous existenceis |
695
|
convicted of knowingly and willfully violating any provision |
696
|
punishable under this paragraph, it shall be fined not less than |
697
|
$10,000 and not more than $50,000. If it is a domestic entity, |
698
|
it may be ordered dissolved by a court of competent |
699
|
jurisdiction; if it is a foreign or nonresident business entity, |
700
|
its right to do business in this state may be forfeited. Any |
701
|
officer, partner, agent, attorney, or other representative of a |
702
|
corporation, partnership, or other business entity, or of a |
703
|
political committee, committee of continuous existence,or |
704
|
political party who aids, abets, advises, or participates in a |
705
|
violation of any provision punishable under this paragraph |
706
|
commits a felony of the third degree, punishable as provided in |
707
|
s. 775.082, s. 775.083, or s. 775.084. |
708
|
(9)(8) Except when otherwise provided in subsection (8) |
709
|
(7), any person who knowingly and willfully violates any |
710
|
provision of this section shall, in addition to any other |
711
|
penalty prescribed by this chapter, pay to the state a sum equal |
712
|
to twice the amount contributed in violation of this chapter. |
713
|
Each campaign treasurer shall pay all amounts contributed in |
714
|
violation of this section to the state for deposit in the |
715
|
General Revenue Fund. |
716
|
(10)(9)This section does not apply to the transfer of |
717
|
funds between a primary campaign depository and a savings |
718
|
account or certificate of deposit or to any interest earned on |
719
|
such account or certificate. |
720
|
Section 75. Paragraph (c) of subsection (1) of section |
721
|
106.021, Florida Statutes, is amended to read: |
722
|
106.021 Campaign treasurers; deputies; primary and |
723
|
secondary depositories.-- |
724
|
(1) |
725
|
(c) Any campaign treasurer or deputy treasurer appointed |
726
|
pursuant to this section shall be a registered voter in this |
727
|
state and shall, before such appointment may become effective, |
728
|
have accepted appointment to such position in writing and filed |
729
|
such acceptance with the officer before whom the candidate is |
730
|
required to qualify or with the officer with whom the political |
731
|
committee is required to file reports. An individual may notbe |
732
|
appointed and serve as campaign treasurer of a candidate and a |
733
|
political committee or two or more candidates and political |
734
|
committees. A candidate may appoint herself or himself as |
735
|
campaign treasurer. |
736
|
Section 76. Subsection (2) of section 106.03, Florida |
737
|
Statutes, is amended to read: |
738
|
106.03 Registration of political committees.-- |
739
|
(2) The statement of organization shall include: |
740
|
(a) The name and address of the committee; |
741
|
(b) The names, addresses, and relationships of affiliated |
742
|
or connected organizations; |
743
|
(c) The area, scope, or jurisdiction of the committee; |
744
|
(d) The name, address, and position of the custodian of |
745
|
books and accounts; |
746
|
(e) The name, address, and position of other principal |
747
|
officers, including officers and members of the finance |
748
|
committee, if any; |
749
|
(f) The name, address, office sought, and party |
750
|
affiliation of: |
751
|
1. Each candidate whom the committee is supporting or |
752
|
opposing; |
753
|
2. Any other individual, if any, whom the committee is |
754
|
supporting or opposingfor nomination for election, or election, |
755
|
to any public office whatever; |
756
|
(g) Any issue or issues such organization is supporting or |
757
|
opposing; |
758
|
(h) If the committee is supporting or opposingthe entire |
759
|
ticket of any party, a statement to that effect and the name of |
760
|
the party; |
761
|
(i) A statement of whether the committee is a continuing |
762
|
one; |
763
|
(j) Plans for the disposition of residual funds which will |
764
|
be made in the event of dissolution; |
765
|
(k) A listing of all banks, safe-deposit boxes, or other |
766
|
depositories used for committee funds; and |
767
|
(l) A statement of the reports required to be filed by the |
768
|
committee with federal officials, if any, and the names, |
769
|
addresses, and positions of such officials. |
770
|
Section 77. Section 106.04, Florida Statutes, is repealed. |
771
|
Section 78. Paragraph (d) of subsection (2) of section |
772
|
98.095, Florida Statutes, is amended to read: |
773
|
98.095 County registers open to inspection; copies.-- |
774
|
(2) The information provided by the supervisor pursuant to |
775
|
this section shall be furnished only to: |
776
|
(d) Registered political committees, registered committees |
777
|
of continuous existence,and political parties or officials |
778
|
thereof, for political purposes only; and |
779
|
|
780
|
Such information shall not be used for commercial purposes. No |
781
|
person to whom a list of registered voters is made available |
782
|
pursuant to this section, and no person who acquires such a |
783
|
list, shall use any information contained therein for purposes |
784
|
which are not related to elections, political or governmental |
785
|
activities, voter registration, or law enforcement. |
786
|
Section 79. Paragraph (d) of subsection (2) of section |
787
|
98.0979, Florida Statutes, is amended to read: |
788
|
98.0979 Statewide voter registration database open to |
789
|
inspection; copies.-- |
790
|
(2) The information provided by the division or supervisor |
791
|
of elections pursuant to this section shall be furnished only |
792
|
to: |
793
|
(d) Registered political committees, certified committees |
794
|
of continuous existence,and political parties or officials |
795
|
thereof, for political purposes only; and |
796
|
Section 80. Subsection (3) of section 101.62, Florida |
797
|
Statutes, is amended to read: |
798
|
101.62 Request for absentee ballots.-- |
799
|
(3) For each request for an absentee ballot received, the |
800
|
supervisor shall record the date the request was made, the date |
801
|
the absentee ballot was delivered or mailed, the date the ballot |
802
|
was received by the supervisor, and such other information he or |
803
|
she may deem necessary. This information shall be confidential |
804
|
and exempt from the provisions of s. 119.07(1) and shall be made |
805
|
available to or reproduced only for a canvassing board, an |
806
|
election official, a political party or official thereof, a |
807
|
candidate who has filed qualification papers and is opposed in |
808
|
an upcoming election, and registered political committees or |
809
|
registered committees of continuous existence, for political |
810
|
purposes only. |
811
|
Section 81. Paragraph (c) of subsection (3) of section |
812
|
102.031, Florida Statutes, is amended to read: |
813
|
102.031 Maintenance of good order at polls; authorities; |
814
|
persons allowed in polling rooms; unlawful solicitation of |
815
|
voters.-- |
816
|
(3) |
817
|
(c) No person, political committee, committee of |
818
|
continuous existence,or other group or organization may solicit |
819
|
voters within 50 feet of the entrance to any polling place, or |
820
|
polling room where the polling place is also a polling room, on |
821
|
the day of any election. |
822
|
1. Solicitation shall not be restricted if: |
823
|
a. Conducted from a separately marked area within the 50- |
824
|
foot zone so as not to disturb, hinder, impede, obstruct, or |
825
|
interfere with voter access to the polling place or polling room |
826
|
entrance; and |
827
|
b. The solicitation activities and subject matter are |
828
|
clearly and easily identifiable by the voters as an activity in |
829
|
which they may voluntarily participate; or |
830
|
c. Conducted on property within the 50-foot zone which is |
831
|
a residence, established business, private property, sidewalk, |
832
|
park, or property traditionally utilized as a public area for |
833
|
discussion. |
834
|
2. Solicitation shall not be permitted within the 50-foot |
835
|
zone on a public sidewalk or other similar means of access to |
836
|
the polling room if it is clearly identifiable to the poll |
837
|
workers that the solicitation is impeding, obstructing, or |
838
|
interfering with voter access to the polling room or polling |
839
|
place. |
840
|
Section 82. Section 106.011, Florida Statutes, is amended |
841
|
to read: |
842
|
106.011 Definitions.--As used in this chapter, the |
843
|
following terms have the following meanings unless the context |
844
|
clearly indicates otherwise: |
845
|
(1)(a) "Political committee" means: |
846
|
1. A combination of two or more individuals, or a person |
847
|
other than an individual, that, in an aggregate amount in excess |
848
|
of $500 during a single calendar year: |
849
|
a. Accepts contributions for the purpose of making |
850
|
contributions to any candidate, political committee, committee |
851
|
of continuous existence,or political party; |
852
|
b. Accepts contributions for the purpose of expressly |
853
|
advocating the election or defeat of a candidate or the passage |
854
|
or defeat of an issue; |
855
|
c. Makes expenditures that expressly advocate the election |
856
|
or defeat of a candidate or the passage or defeat of an issue; |
857
|
or |
858
|
d. Makes contributions to a common fund, other than a |
859
|
joint checking account between spouses, from which contributions |
860
|
are made to any candidate, political committee, committee of |
861
|
continuous existence,or political party. |
862
|
2. The sponsor of a proposed constitutional amendment by |
863
|
initiative who intends to seek the signatures of registered |
864
|
electors. |
865
|
(b) Notwithstanding paragraph (a), the following entities |
866
|
are not considered political committees for purposes of this |
867
|
chapter: |
868
|
1. Organizations which are certified by the Department of |
869
|
State as committees of continuous existence pursuant to s. |
870
|
106.04, National political parties,and the state and county |
871
|
executive committees of political parties regulated by chapter |
872
|
103. |
873
|
2. Corporations regulated by chapter 607 or chapter 617 or |
874
|
other business entities formed for purposes other than to |
875
|
support or oppose issues or candidates, if their political |
876
|
activities are limited to contributions to candidates,political |
877
|
parties,or political committees or expenditures in support of |
878
|
or opposition to an issue from corporate or business funds and |
879
|
if no contributions are received by such corporations or |
880
|
business entities. |
881
|
(2) "Committee of continuous existence" means any group, |
882
|
organization, association, or other such entity which is |
883
|
certified pursuant to the provisions of s. 106.04.
|
884
|
(2)(3)"Contribution" means: |
885
|
(a) A gift, subscription, conveyance, deposit, loan, |
886
|
payment, or distribution of money or anything of value, |
887
|
including contributions in kind having an attributable monetary |
888
|
value in any form, made for the purpose of influencing the |
889
|
results of an election. |
890
|
(b) A transfer of funds between political committees, |
891
|
between committees of continuous existence, or between a |
892
|
political committee and a committee of continuous existence. |
893
|
(c) The payment, by any person other than a candidate or |
894
|
political committee, of compensation for the personal services |
895
|
of another person which are rendered to a candidate or political |
896
|
committee without charge to the candidate or committee for such |
897
|
services. |
898
|
(d) The transfer of funds by a campaign treasurer or |
899
|
deputy campaign treasurer between a primary depository and a |
900
|
separate interest-bearing account or certificate of deposit, and |
901
|
the term includes any interest earned on such account or |
902
|
certificate. |
903
|
|
904
|
Notwithstanding the foregoing meanings of "contribution," the |
905
|
word shall not be construed to include services, including, but |
906
|
not limited to, legal and accounting services, provided without |
907
|
compensation by individuals volunteering a portion or all of |
908
|
their time on behalf of a candidate or political committee. This |
909
|
definition shall not be construed to include editorial |
910
|
endorsements. |
911
|
(3)(4)"Expenditure" means a purchase, payment, |
912
|
distribution, loan, advance, transfer of funds by a campaign |
913
|
treasurer or deputy campaign treasurer between a primary |
914
|
depository and a separate interest-bearing account or |
915
|
certificate of deposit, or gift of money or anything of value |
916
|
made for the purpose of influencing the results of an election. |
917
|
However, "expenditure" does not include a purchase, payment, |
918
|
distribution, loan, advance, or gift of money or anything of |
919
|
value made for the purpose of influencing the results of an |
920
|
election when made by an organization, in existence prior to the |
921
|
time during which a candidate qualifies or an issue is placed on |
922
|
the ballot for that election, for the purpose of printing or |
923
|
distributing such organization's newsletter, containing a |
924
|
statement by such organization in support of or opposition to a |
925
|
candidate or issue, which newsletter is distributed only to |
926
|
members of such organization. |
927
|
(4)(5)(a) "Independent expenditure" means an expenditure |
928
|
by a person for the purpose of advocating the election or defeat |
929
|
of a candidate or the approval or rejection of an issue, which |
930
|
expenditure is not controlled by, coordinated with, or made upon |
931
|
consultation with, any candidate, political committee, or agent |
932
|
of such candidate or committee. An expenditure for such purpose |
933
|
by a person having a contract with the candidate, political |
934
|
committee, or agent of such candidate or committee in a given |
935
|
election period shall not be deemed an independent expenditure. |
936
|
(b) An expenditure for the purpose of advocating the |
937
|
election or defeat of a candidate which is made by the national, |
938
|
state, or county executive committee of a political party, |
939
|
including any subordinate committee of a national, state, or |
940
|
county committee of a political party, or by any political |
941
|
committee or committee of continuous existence, or anyother |
942
|
person,shall not be considered an independent expenditure if |
943
|
the committee or person: |
944
|
1. Communicates with the candidate, the candidate's |
945
|
campaign, or an agent of the candidate acting on behalf of the |
946
|
candidate, including any pollster, media consultant, advertising |
947
|
agency, vendor, advisor, or staff member, concerning the |
948
|
preparation of, use of, or payment for, the specific expenditure |
949
|
or advertising campaign at issue; or |
950
|
2. Makes a payment in cooperation, consultation, or |
951
|
concert with, at the request or suggestion of, or pursuant to |
952
|
any general or particular understanding with the candidate, the |
953
|
candidate's campaign, a political committee supporting the |
954
|
candidate, or an agent of the candidate relating to the specific |
955
|
expenditure or advertising campaign at issue; or |
956
|
3. Makes a payment for the dissemination, distribution, or |
957
|
republication, in whole or in part, of any broadcast or any |
958
|
written, graphic, or other form of campaign material prepared by |
959
|
the candidate, the candidate's campaign, or an agent of the |
960
|
candidate, including any pollster, media consultant, advertising |
961
|
agency, vendor, advisor, or staff member; or |
962
|
4. Makes a payment based on information about the |
963
|
candidate's plans, projects, or needs communicated to a member |
964
|
of the committee or person by the candidate or an agent of the |
965
|
candidate, provided the committee or person uses the information |
966
|
in any way, in whole or in part, either directly or indirectly, |
967
|
to design, prepare, or pay for the specific expenditure or |
968
|
advertising campaign at issue; or |
969
|
5. After the last day of qualifying for statewide or |
970
|
legislative office, consults about the candidate's plans, |
971
|
projects, or needs in connection with the candidate's pursuit of |
972
|
election to office and the information is used in any way to |
973
|
plan, create, design, or prepare an independent expenditure or |
974
|
advertising campaign, with: |
975
|
a. Any officer, director, employee, or agent of a |
976
|
national, state, or county executive committee of a political |
977
|
party that has made or intends to make expenditures in |
978
|
connection with or contributions tothe candidate; or |
979
|
b. Any person whose professional services have been |
980
|
retained by a national, state, or county executive committee of |
981
|
a political party that has made or intends to make expenditures |
982
|
in connection with or contributions tothe candidate; or |
983
|
6. After the last day of qualifying for statewide or |
984
|
legislative office, retains the professional services of any |
985
|
person also providing those services to the candidate in |
986
|
connection with the candidate's pursuit of election to office; |
987
|
or |
988
|
7. Arranges, coordinates, or directs the expenditure, in |
989
|
any way, with the candidate or an agent of the candidate. |
990
|
(5)(6)"Election" means any primary election, special |
991
|
primary election, general election, special election, or |
992
|
municipal election held in this state for the purpose of |
993
|
nominating or electing candidates to public office, choosing |
994
|
delegates to the national nominating conventions of political |
995
|
parties, or submitting an issue to the electors for their |
996
|
approval or rejection. |
997
|
(6)(7)"Issue" means any proposition which is required by |
998
|
the State Constitution, by law or resolution of the Legislature, |
999
|
or by the charter, ordinance, or resolution of any political |
1000
|
subdivision of this state to be submitted to the electors for |
1001
|
their approval or rejection at an election, or any proposition |
1002
|
for which a petition is circulated in order to have such |
1003
|
proposition placed on the ballot at any election. |
1004
|
(7)(8)"Person" means an individual or a corporation, |
1005
|
association, firm, partnership, joint venture, joint stock |
1006
|
company, club, organization, estate, trust, business trust, |
1007
|
syndicate, or other combination of individuals having collective |
1008
|
capacity. The term includes a political party or,political |
1009
|
committee, or committee of continuous existence. |
1010
|
(8)(9)"Campaign treasurer" means an individual appointed |
1011
|
by a candidate or political committee as provided in this |
1012
|
chapter. |
1013
|
(9)(10)"Public office" means any state, county, |
1014
|
municipal, or school or other district office or position which |
1015
|
is filled by vote of the electors. |
1016
|
(10)(11)"Campaign fund raiser" means any affair held to |
1017
|
raise funds to be used in a campaign for public office. |
1018
|
(11)(12)"Division" means the Division of Elections of the |
1019
|
Department of State. |
1020
|
(12)(13)"Communications media" means broadcasting |
1021
|
stations, newspapers, magazines, outdoor advertising facilities, |
1022
|
printers, direct mailing companies, advertising agencies, and |
1023
|
telephone companies; but with respect to telephones, an |
1024
|
expenditure shall be deemed to be an expenditure for the use of |
1025
|
communications media only if made for the costs of telephones, |
1026
|
paid telephonists, or automatic telephone equipment to be used |
1027
|
by a candidate or a political committee to communicate with |
1028
|
potential voters but excluding any costs of telephones incurred |
1029
|
by a volunteer for use of telephones by such volunteer. |
1030
|
(13)(14)"Filing officer" means the person before whom a |
1031
|
candidate qualifies or,the agency or officer with whom a |
1032
|
political committee registers, or the agency by whom a committee |
1033
|
of continuous existence is certified. |
1034
|
(14)(15)"Unopposed candidate" means a candidate for |
1035
|
nomination or election to an office who, after the last day on |
1036
|
which any person, including a write-in candidate, may qualify, |
1037
|
is without opposition in the election at which the office is to |
1038
|
be filled or who is without such opposition after such date as a |
1039
|
result of any primary election or of withdrawal by other |
1040
|
candidates seeking the same office. A candidate is not an |
1041
|
unopposed candidate if there is a vacancy to be filled under s. |
1042
|
100.111(4), if there is a legal proceeding pending regarding the |
1043
|
right to a ballot position for the office sought by the |
1044
|
candidate, or if the candidate is seeking retention as a justice |
1045
|
or judge. |
1046
|
(15)(16)"Candidate" means any person to whom any one or |
1047
|
more of the following apply: |
1048
|
(a) Any person who seeks to qualify for nomination or |
1049
|
election by means of the petitioning process. |
1050
|
(b) Any person who seeks to qualify for election as a |
1051
|
write-in candidate. |
1052
|
(c) Any person who receives contributions or makes |
1053
|
expenditures, or consents for any other person to receive |
1054
|
contributions or make expenditures, with a view to bring about |
1055
|
his or her nomination or election to, or retention in, public |
1056
|
office. |
1057
|
(d) Any person who appoints a treasurer and designates a |
1058
|
primary depository. |
1059
|
(e) Any person who files qualification papers and |
1060
|
subscribes to a candidate's oath as required by law. |
1061
|
|
1062
|
However, this definition does not include any candidate for a |
1063
|
political party executive committee. |
1064
|
(16)(a)(17)"Political advertisement" means a paid |
1065
|
expression in any communications media prescribed in subsection |
1066
|
(12)(13), whether radio, television, newspaper, magazine, |
1067
|
periodical, campaign literature, direct mail, or display or by |
1068
|
means other than the spoken word in direct conversation, which |
1069
|
shall support or oppose any candidate, elected public official, |
1070
|
or issue. In addition, an advertisement is presumed to be a |
1071
|
political advertisement if it is a paid expression in any |
1072
|
communications media described in subsection (12), whether |
1073
|
radio, television, newspaper, magazine, periodical, campaign |
1074
|
literature, direct mail, or display or by means other than the |
1075
|
spoken word in direct conversation, which substantially mentions |
1076
|
or shows a clearly identifiable candidate for election or |
1077
|
reelection and is distributed at any point during the period |
1078
|
following the last day of qualifying for that candidacy through |
1079
|
the ensuing general election and which, when examined by a |
1080
|
reasonable person, would be understood as a communication made |
1081
|
for the purpose of influencing the results of an election on |
1082
|
that candidacy during that period and for which aggregate |
1083
|
expenditures on like advertisements exceed $1,000. |
1084
|
(b)However,"Political advertisement"does not include: |
1085
|
1.(a)A statement by an organization, in existence prior |
1086
|
to the time during which a candidate qualifies or an issue is |
1087
|
placed on the ballot for that election, in support of or |
1088
|
opposition to a candidate or issue, in that organization's |
1089
|
newsletter, which newsletter is distributed only to the members |
1090
|
of that organization. |
1091
|
2.(b)Editorial endorsements by any newspaper, radio or |
1092
|
television station, or other recognized news medium. |
1093
|
3. A paid expression in any communications media which |
1094
|
mentions or shows a clearly identifiable candidate for election |
1095
|
or reelection which: |
1096
|
a. Advertises a business rather than the candidate, is |
1097
|
paid for out of funds of that business, and is similar to other |
1098
|
advertisements for that business which have mentioned or shown |
1099
|
the candidate and have been distributed regularly over a period |
1100
|
of at least 1 year before the qualifying period for that |
1101
|
candidacy; or |
1102
|
b. Is distributed or broadcast only to areas other than |
1103
|
the geographical area of the electorate for that candidacy. |
1104
|
Section 83. Paragraphs (a) and (d) of subsection (1), |
1105
|
paragraph (a) of subsection (4), and subsection (7) of section |
1106
|
106.07, Florida Statutes, are amended to read: |
1107
|
106.07 Reports; certification and filing.-- |
1108
|
(1) Each campaign treasurer designated by a candidate or |
1109
|
political committee pursuant to s. 106.021 shall file regular |
1110
|
reports of all contributions received, and all expenditures |
1111
|
made, by or on behalf of such candidate or political committee. |
1112
|
Reports shall be filed on the 10th day following the end of each |
1113
|
calendar quarter from the time the campaign treasurer is |
1114
|
appointed, except that, if the 10th day following the end of a |
1115
|
calendar quarter occurs on a Saturday, Sunday, or legal holiday, |
1116
|
the report shall be filed on the next following day which is not |
1117
|
a Saturday, Sunday, or legal holiday. Quarterly reports shall |
1118
|
include all contributions received and expenditures made during |
1119
|
the calendar quarter which have not otherwise been reported |
1120
|
pursuant to this section. |
1121
|
(a) Except as provided in paragraph (b), following the |
1122
|
last day of qualifying for office, the reports shall be filed on |
1123
|
the 32nd, 18th, and 4th days immediately preceding the first |
1124
|
primary and on the 18th and 4th days immediately preceding the |
1125
|
second primary and general election, for a candidate who is |
1126
|
opposed in seeking nomination or election to any office or,for |
1127
|
a political committee, or for a committee of continuous |
1128
|
existence. |
1129
|
(d)1. When a special election is called to fill a vacancy |
1130
|
in office, all political committees and committees of continuous |
1131
|
existencemaking contributions or expenditures to influence the |
1132
|
results of such special election shall file campaign treasurers' |
1133
|
reports with the filing officer on the dates set by the |
1134
|
Department of State pursuant to s. 100.111. |
1135
|
2. When an election is called for an issue to appear on |
1136
|
the ballot at a time when no candidates are scheduled to appear |
1137
|
on the ballot, all political committees making contributions or |
1138
|
expenditures in support of or in opposition to such issue shall |
1139
|
file reports on the 18th and 4th days prior to such election. |
1140
|
(4)(a) Each report required by this section shall contain: |
1141
|
1. The full name, address, and occupation, if any of each |
1142
|
person who has made one or more contributions to or for such |
1143
|
committee or candidate within the reporting period, together |
1144
|
with the amount and date of such contributions. For |
1145
|
corporations, the report must provide as clear a description as |
1146
|
practicable of the principal type of business conducted by the |
1147
|
corporation. However, if the contribution is $100 or less or is |
1148
|
from a relative, as defined in s. 112.312, provided that the |
1149
|
relationship is reported, the occupation of the contributor or |
1150
|
the principal type of business need not be listed. |
1151
|
2. The name and address of each political committee from |
1152
|
which the reporting committee or the candidatereceived, or to |
1153
|
which the reporting committee or candidate made, any transfer of |
1154
|
funds, together with the amounts and dates of all transfers. |
1155
|
3. Each loan for campaign purposes to or from any person |
1156
|
or political committee within the reporting period, together |
1157
|
with the full names, addresses, and occupations, and principal |
1158
|
places of business, if any, of the lender and endorsers, if any, |
1159
|
and the date and amount of such loans. |
1160
|
4. A statement of each contribution, rebate, refund, or |
1161
|
other receipt not otherwise listed under subparagraphs 1. |
1162
|
through 3. |
1163
|
5. The total sums of all loans, in-kind contributions, and |
1164
|
other receipts by or for such committee or candidate during the |
1165
|
reporting period. The reporting forms shall be designed to |
1166
|
elicit separate totals for in-kind contributions, loans, and |
1167
|
other receipts. |
1168
|
6. The full name and address of each person to whom |
1169
|
expenditures have been made by or on behalf of the committee or |
1170
|
candidate within the reporting period; the amount, date, and |
1171
|
purpose of each such expenditure; and the name and address of, |
1172
|
and office sought by, each candidate on whose behalf such |
1173
|
expenditure was made. However, expenditures made from the petty |
1174
|
cash fund provided by s. 106.12 need not be reported |
1175
|
individually. |
1176
|
7. The full name and address of each person to whom an |
1177
|
expenditure for personal services, salary, or reimbursement for |
1178
|
authorized expenses as provided in s. 106.021(3) has been made |
1179
|
and which is not otherwise reported, including the amount, date, |
1180
|
and purpose of such expenditure. However, expenditures made from |
1181
|
the petty cash fund provided for in s. 106.12 need not be |
1182
|
reported individually. |
1183
|
8. The total amount withdrawn and the total amount spent |
1184
|
for petty cash purposes pursuant to this chapter during the |
1185
|
reporting period. |
1186
|
9. The total sum of expenditures made by such committee or |
1187
|
candidate during the reporting period. |
1188
|
10. The amount and nature of debts and obligations owed by |
1189
|
or to the committee or candidate, which relate to the conduct of |
1190
|
any political campaign. |
1191
|
11. A copy of each credit card statement which shall be |
1192
|
included in the next report following receipt thereof by the |
1193
|
candidate or political committee. Receipts for each credit card |
1194
|
purchase shall be retained by the treasurer with the records for |
1195
|
the campaign account. |
1196
|
12. The amount and nature of any separate interest-bearing |
1197
|
accounts or certificates of deposit and identification of the |
1198
|
financial institution in which such accounts or certificates of |
1199
|
deposit are located. |
1200
|
(7) Notwithstanding any other provisions of this chapter, |
1201
|
in any reporting period during which a candidate or,political |
1202
|
committee, or committee of continuous existencehas not received |
1203
|
funds, made any contributions, or expended any reportable funds, |
1204
|
the filing of the required report for that period is waived. |
1205
|
However, the next report filed must specify that the report |
1206
|
covers the entire period between the last submitted report and |
1207
|
the report being filed, and any candidate or,political |
1208
|
committee, or committee of continuous existencenot reporting by |
1209
|
virtue of this subsection on dates prescribed elsewhere in this |
1210
|
chapter shall notify the filing officer in writing on the |
1211
|
prescribed reporting date that no report is being filed on that |
1212
|
date. |
1213
|
Section 84. Subsections (1), (2), and (3) of section |
1214
|
106.082, Florida Statutes, are amended to read: |
1215
|
106.082 Commissioner of Agriculture candidates; campaign |
1216
|
contribution limits.-- |
1217
|
(1) No director, officer, or lobbyist of abusiness which |
1218
|
is inspected, licensed, or otherwise authorized to do business |
1219
|
as a food outlet or convenience store pursuant to chapter 500; |
1220
|
or any director, officer, lobbyist, or controlling interest of |
1221
|
that business; and no political committee or committee of |
1222
|
continuous existence representing the interests of such business |
1223
|
shall make or solicit a contribution in excess of $100, for any |
1224
|
election, to or on behalf of any candidate for the office of |
1225
|
Commissioner of Agriculture. The provisions of this subsection |
1226
|
shall not prevent any candidate for the office of Commissioner |
1227
|
of Agriculture or members of that candidate's immediate family |
1228
|
from contributing to that candidate's campaign as otherwise |
1229
|
permitted by law. |
1230
|
(2) No candidate for the office of Commissioner of |
1231
|
Agriculture may solicit or accept a campaign contribution in |
1232
|
excess of $100 from any director, officer, or lobbyist of a |
1233
|
business whichor person whois licensed or inspected or |
1234
|
otherwise authorized to do business as a food outlet or |
1235
|
convenience store pursuant to chapter 500; or any director, |
1236
|
officer, lobbyist, or controlling interest of that person or |
1237
|
business; or any political committee or committee of continuous |
1238
|
existence that represents that person. |
1239
|
(3) No employee of the Department of Agriculture may |
1240
|
solicit a campaign contribution for any candidate for the office |
1241
|
of Commissioner of Agriculture from any director, officer, or |
1242
|
lobbyist of aperson or business whichwhois licensed, |
1243
|
inspected, or otherwise authorized to do business as a food |
1244
|
outlet or convenience store pursuant to chapter 500; or any |
1245
|
director, officer, lobbyist, or controlling interest of that |
1246
|
person; or any political committee or committee of continuous |
1247
|
existence that represents that person. For purposes of this |
1248
|
section, "employee of the department" means any person employed |
1249
|
in the Department of Agriculture holding a position in the |
1250
|
Senior Management Service as defined in s. 110.402; any person |
1251
|
holding a position in the Selected Exempt Service as defined in |
1252
|
s. 110.602; any person having authority over food outlet or |
1253
|
convenience store regulation, or inspection supervision; or any |
1254
|
person, hired on a contractual basis, having the power normally |
1255
|
conferred upon such person, by whatever title. |
1256
|
Section 85. Paragraph (a) of subsection (1) and subsection |
1257
|
(2) of section 106.087, Florida Statutes, are amended to read: |
1258
|
106.087 Independent expenditures; contribution limits; |
1259
|
restrictions on political parties and, political committees, and |
1260
|
committees of continuous existence.-- |
1261
|
(1)(a) As a condition of receiving a rebate of filing fees |
1262
|
and party assessment funds pursuant to s. 99.061(2), s. |
1263
|
99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or |
1264
|
treasurer of a state or county executive committee shall take |
1265
|
and subscribe to an oath or affirmation in writing. During the |
1266
|
qualifying period for state candidates and prior to distribution |
1267
|
of such funds, a printed copy of the oath or affirmation shall |
1268
|
be filed with the Secretary of State and shall be substantially |
1269
|
in the following form: |
1270
|
|
1271
|
State of Florida |
1272
|
County of_____ |
1273
|
Before me, an officer authorized to administer oaths, |
1274
|
personally appeared ... (name) ..., to me well known, who, |
1275
|
being sworn, says that he or she is the ... (title) ... of the |
1276
|
... (name of party) ... ... (state or specified county) ... |
1277
|
executive committee; that the executive committee has not made, |
1278
|
either directly or indirectly, an independent expenditure in |
1279
|
support of or opposition to a candidate or elected public |
1280
|
official in the prior 6 months; that the executive committee |
1281
|
will not make, either directly or indirectly, an independent |
1282
|
expenditure in support of or opposition to a candidate or |
1283
|
elected public official, through and including the upcoming |
1284
|
general election; and that the executive committee will not |
1285
|
violate the contribution limits applicable to candidates under |
1286
|
s. 106.08(3)(2), Florida Statutes. |
1287
|
... (Signature of committee officer) ... |
1288
|
... (Address) ... |
1289
|
|
1290
|
Sworn to and subscribed before me this _____ day of _____, ... |
1291
|
(year) ..., at _____ County, Florida. |
1292
|
... (Signature and title of officer administering oath) ... |
1293
|
|
1294
|
(2)(a) Any political committee or committee of continuous |
1295
|
existencethat accepts the use of public funds, equipment, |
1296
|
personnel, or other resources to collect dues from its members |
1297
|
agrees not to make independent expenditures in support of or |
1298
|
opposition to a candidate or elected public official. However, |
1299
|
expenditures may be made for the sole purpose of jointly |
1300
|
endorsing three or more candidates. |
1301
|
(b) Any political committee or committee of continuous |
1302
|
existencethat violates this subsection is liable for a civil |
1303
|
fine of up to $5,000 to be determined by the Florida Elections |
1304
|
Commission or the entire amount of the expenditures, whichever |
1305
|
is greater. |
1306
|
Section 86. Subsection (3) of section 106.12, Florida |
1307
|
Statutes, is amended to read: |
1308
|
106.12 Petty cash funds allowed.-- |
1309
|
(3) The petty cash fund so provided shall be spent only in |
1310
|
amounts less than $100 and only for office supplies, |
1311
|
transportation expenses, and other necessities. Petty cash shall |
1312
|
not be used for the purchase of time, space, or services from |
1313
|
communications media as defined in s. 106.011(12)(13). |
1314
|
Section 87. Paragraph (b) of subsection (3) of section |
1315
|
106.147, Florida Statutes, is amended to read: |
1316
|
106.147 Telephone solicitation; disclosure requirements; |
1317
|
prohibitions; exemptions; penalties.-- |
1318
|
(3) |
1319
|
(b) For purposes of paragraph (a), the term "person" |
1320
|
includes any candidate; any officer of any political committee, |
1321
|
committee of continuous existence,or political party executive |
1322
|
committee; any officer, partner, attorney, or other |
1323
|
representative of a corporation, partnership, or other business |
1324
|
entity; and any agent or other person acting on behalf of any |
1325
|
candidate, political committee, committee of continuous |
1326
|
existence,political party executive committee, or corporation, |
1327
|
partnership, or other business entity. |
1328
|
Section 88. Section 106.148, Florida Statutes, is amended |
1329
|
to read: |
1330
|
106.148 Disclosure of on-line computer solicitation.--A |
1331
|
message placed on an information system accessible by computer |
1332
|
by a candidate, political party, or political committee, or |
1333
|
committee of continuous existence,or an agent of any such |
1334
|
candidate, party, or committee, which message is accessible by |
1335
|
more than one person, other than an internal communication of |
1336
|
the party, committee, or campaign, must include a statement |
1337
|
disclosing all information required of political advertisements |
1338
|
under s. 106.143. |
1339
|
Section 89. Subsection (2) of section 106.23, Florida |
1340
|
Statutes, is amended to read: |
1341
|
106.23 Powers of the Division of Elections.-- |
1342
|
(2) The Division of Elections shall provide advisory |
1343
|
opinions when requested by any supervisor of elections, |
1344
|
candidate, local officer having election-related duties, |
1345
|
political party, political committee, committee of continuous |
1346
|
existence,or other person or organization engaged in political |
1347
|
activity, relating to any provisions or possible violations of |
1348
|
Florida election laws with respect to actions such supervisor, |
1349
|
candidate, local officer having election-related duties, |
1350
|
political party, committee, person, or organization has taken or |
1351
|
proposes to take. Requests for advisory opinions must be |
1352
|
submitted in accordance with rules adopted by the Department of |
1353
|
State. A written record of all such opinions issued by the |
1354
|
division, sequentially numbered, dated, and indexed by subject |
1355
|
matter, shall be retained. A copy shall be sent to said person |
1356
|
or organization upon request. Any such person or organization, |
1357
|
acting in good faith upon such an advisory opinion, shall not be |
1358
|
subject to any criminal penalty provided for in this chapter. |
1359
|
The opinion, until amended or revoked, shall be binding on any |
1360
|
person or organization who sought the opinion or with reference |
1361
|
to whom the opinion was sought, unless material facts were |
1362
|
omitted or misstated in the request for the advisory opinion. |
1363
|
Section 90. Subsections (1) and (2) of section 106.265, |
1364
|
Florida Statutes, are amended to read: |
1365
|
106.265 Civil penalties.-- |
1366
|
(1) The commission is authorized upon the finding of a |
1367
|
violation of this chapter or chapter 104 to impose civil |
1368
|
penalties in the form of fines not to exceed $1,000 per count. |
1369
|
In determining the amount of such civil penalties, the |
1370
|
commission shall consider, among other mitigating and |
1371
|
aggravating circumstances: |
1372
|
(a) The gravity of the act or omission; |
1373
|
(b) Any previous history of similar acts or omissions; |
1374
|
(c) The appropriateness of such penalty to the financial |
1375
|
resources of the person, political committee, committee of |
1376
|
continuous existence,or political party; and |
1377
|
(d) Whether the person, political committee, committee of |
1378
|
continuous existence,or political party has shown good faith in |
1379
|
attempting to comply with the provisions of this chapter or |
1380
|
chapter 104. |
1381
|
(2) If any person, political committee, committee of |
1382
|
continuous existence,or political party fails or refuses to pay |
1383
|
to the commission any civil penalties assessed pursuant to the |
1384
|
provisions of this section, the commission shall be responsible |
1385
|
for collecting the civil penalties resulting from such action. |
1386
|
Section 91. Subsection (2) of section 106.27, Florida |
1387
|
Statutes, is amended to read: |
1388
|
106.27 Determinations by commission; legal disposition.-- |
1389
|
(2) Civil actions may be brought by the commission for |
1390
|
relief, including permanent or temporary injunctions, |
1391
|
restraining orders, or any other appropriate order for the |
1392
|
imposition of civil penalties provided by this chapter. Such |
1393
|
civil actions shall be brought by the commission in the |
1394
|
appropriate court of competent jurisdiction, and the venue shall |
1395
|
be in the county in which the alleged violation occurred or in |
1396
|
which the alleged violator or violators are found, reside, or |
1397
|
transact business. Upon a proper showing that such person, |
1398
|
political committee, committee of continuous existence,or |
1399
|
political party has engaged, or is about to engage, in |
1400
|
prohibited acts or practices, a permanent or temporary |
1401
|
injunction, restraining order, or other order shall be granted |
1402
|
without bond by such court, and the civil fines provided by this |
1403
|
chapter may be imposed. |
1404
|
Section 92. Subsection (6) of section 106.29, Florida |
1405
|
Statutes, is amended to read: |
1406
|
106.29 Reports by political parties; restrictions on |
1407
|
contributions and expenditures; penalties.-- |
1408
|
(6)(a) The national, state, and county executive |
1409
|
committees of a political party may not contribute to any |
1410
|
candidate any amount in excess of the limits contained in s. |
1411
|
106.08(3)(2), and all contributions required to be reported |
1412
|
under s. 106.08(2) by the national executive committee of a |
1413
|
political party shall be reported by the state executive |
1414
|
committee of that political party. |
1415
|
(b) A violation of the contribution limits contained in s. |
1416
|
106.08(3)(2)is a misdemeanor of the first degree, punishable as |
1417
|
provided in s. 775.082 or s. 775.083. A civil penalty equal to |
1418
|
three times the amount in excess of the limits contained in s. |
1419
|
106.08(3)(2)shall be assessed against any executive committee |
1420
|
found in violation thereof. |
1421
|
Section 93. Section 106.33, Florida Statutes, is amended |
1422
|
to read: |
1423
|
106.33 Election campaign financing; eligibility.--Each |
1424
|
candidate for the office of Governor or member of the Cabinet |
1425
|
who desires to receive contributions from the Election Campaign |
1426
|
Financing Trust Fund shall, upon qualifying for office, file a |
1427
|
request for such contributions with the filing officer on forms |
1428
|
provided by the Division of Elections. If a candidate requesting |
1429
|
contributions from the fund desires to have such funds |
1430
|
distributed by electronic fund transfers, the request shall |
1431
|
include information necessary to implement that procedure. For |
1432
|
the purposes of ss. 106.30-106.36, candidates for Governor and |
1433
|
Lieutenant Governor on the same ticket shall be considered as a |
1434
|
single candidate. To be eligible to receive contributions from |
1435
|
the fund, a candidate may not be an unopposed candidate as |
1436
|
defined in s. 106.011(14)(15)and must: |
1437
|
(1) Agree to abide by the expenditure limits provided in |
1438
|
s. 106.34. |
1439
|
(2)(a) Raise contributions as follows: |
1440
|
1. One hundred fifty thousand dollars for a candidate for |
1441
|
Governor. |
1442
|
2. One hundred thousand dollars for a candidate for |
1443
|
Cabinet office. |
1444
|
(b) Contributions from individuals who at the time of |
1445
|
contributing are not state residents may not be used to meet the |
1446
|
threshold amounts in paragraph (a). For purposes of this |
1447
|
paragraph, any person validly registered to vote in this state |
1448
|
shall be considered a state resident. |
1449
|
(3) Limit loans or contributions from the candidate's |
1450
|
personal funds to $25,000 and contributions from national, |
1451
|
state, and county executive committees of a political party to |
1452
|
$25,000 in the aggregate, which loans or contributions shall not |
1453
|
qualify for meeting the threshold amounts in subsection (2). |
1454
|
(4) Submit to a postelection audit of the campaign account |
1455
|
by the division. |
1456
|
Section 94. Section 111.075, Florida Statutes, is amended |
1457
|
to read: |
1458
|
111.075 Elected officials; prohibition concerning |
1459
|
politicalcertaincommittees.--Elected officials are prohibited |
1460
|
from being employed by, or acting as a consultant for |
1461
|
compensation to, a political committee or committee of |
1462
|
continuous existence. |
1463
|
Section 95. Subsections (3) and (4) and paragraph (a) of |
1464
|
subsection (5) of section 112.3148, Florida Statutes, are |
1465
|
amended to read: |
1466
|
112.3148 Reporting and prohibited receipt of gifts by |
1467
|
individuals filing full or limited public disclosure of |
1468
|
financial interests and by procurement employees.-- |
1469
|
(3) A reporting individual or procurement employee is |
1470
|
prohibited from soliciting any gift from a political committee |
1471
|
or committee of continuous existence, as defined in s. 106.011, |
1472
|
or from a lobbyist who lobbies the reporting individual's or |
1473
|
procurement employee's agency, or the partner, firm, employer, |
1474
|
or principal of such lobbyist, where such gift is for the |
1475
|
personal benefit of the reporting individual or procurement |
1476
|
employee, another reporting individual or procurement employee, |
1477
|
or any member of the immediate family of a reporting individual |
1478
|
or procurement employee. |
1479
|
(4) A reporting individual or procurement employee or any |
1480
|
other person on his or her behalf is prohibited from knowingly |
1481
|
accepting, directly or indirectly, a gift from a political |
1482
|
committee or committee of continuous existence, as defined in s. |
1483
|
106.011, or from a lobbyist who lobbies the reporting |
1484
|
individual's or procurement employee's agency, or directly or |
1485
|
indirectly on behalf of the partner, firm, employer, or |
1486
|
principal of a lobbyist, if he or she knows or reasonably |
1487
|
believes that the gift has a value in excess of $100; however, |
1488
|
such a gift may be accepted by such person on behalf of a |
1489
|
governmental entity or a charitable organization. If the gift is |
1490
|
accepted on behalf of a governmental entity or charitable |
1491
|
organization, the person receiving the gift shall not maintain |
1492
|
custody of the gift for any period of time beyond that |
1493
|
reasonably necessary to arrange for the transfer of custody and |
1494
|
ownership of the gift. |
1495
|
(5)(a) A political committee or a committee of continuous |
1496
|
existence, as defined in s. 106.011; a lobbyist who lobbies a |
1497
|
reporting individual's or procurement employee's agency; the |
1498
|
partner, firm, employer, or principal of a lobbyist; or another |
1499
|
on behalf of the lobbyist or partner, firm, principal, or |
1500
|
employer of the lobbyist is prohibited from giving, either |
1501
|
directly or indirectly, a gift that has a value in excess of |
1502
|
$100 to the reporting individual or procurement employee or any |
1503
|
other person on his or her behalf; however, such person may give |
1504
|
a gift having a value in excess of $100 to a reporting |
1505
|
individual or procurement employee if the gift is intended to be |
1506
|
transferred to a governmental entity or a charitable |
1507
|
organization. |
1508
|
Section 96. Subsections (3) and (4) of section 112.3149, |
1509
|
Florida Statutes, are amended to read: |
1510
|
112.3149 Solicitation and disclosure of honoraria.-- |
1511
|
(3) A reporting individual or procurement employee is |
1512
|
prohibited from knowingly accepting an honorarium from a |
1513
|
political committee or committee of continuous existence, as |
1514
|
defined in s. 106.011, from a lobbyist who lobbies the reporting |
1515
|
individual's or procurement employee's agency, or from the |
1516
|
employer, principal, partner, or firm of such a lobbyist. |
1517
|
(4) A political committee or committee of continuous |
1518
|
existence, as defined in s. 106.011, a lobbyist who lobbies a |
1519
|
reporting individual's or procurement employee's agency, or the |
1520
|
employer, principal, partner, or firm of such a lobbyist is |
1521
|
prohibited from giving an honorarium to a reporting individual |
1522
|
or procurement employee. |
1523
|
Section 97. Subsections (2), (3), and (4) of section |
1524
|
627.0623, Florida Statutes, are amended to read: |
1525
|
627.0623 Restrictions on expenditures and solicitations of |
1526
|
insurers and affiliates.-- |
1527
|
(2) No insurer, affiliate, orofficer of an insurer or |
1528
|
affiliate, and no political committee or committee of continuous |
1529
|
existence representing the interests of such insurer, affiliate, |
1530
|
or officershall make a contribution in excess of $100, for any |
1531
|
election, to or on behalf of the Treasurer or to or on behalf of |
1532
|
any candidate for the office of Treasurer. The provisions of |
1533
|
this subsection shall not prevent any candidate or members of |
1534
|
that candidate's family from contributing to that candidate's |
1535
|
campaign as otherwise permitted by law. |
1536
|
(3) The Treasurer or a candidate for the office of |
1537
|
Treasurer may not accept a campaign contribution in excess of |
1538
|
$100 from any insurer, affiliate, orofficer of an insurer or |
1539
|
affiliate, or any political committee or committee of continuous |
1540
|
existence that represents such insurer, affiliate, or officer. |
1541
|
(4) No employee of the department may solicit a campaign |
1542
|
contribution for the Treasurer or any candidate for the office |
1543
|
of Treasurer from any insurer, affiliate, orofficer of an |
1544
|
insurer or affiliate, or any political committee or committee of |
1545
|
continuous existence that represents such insurer, affiliate, or |
1546
|
officer. For purposes of this section, "employee of the |
1547
|
department" means any person employed in the Department of |
1548
|
Insurance or the Treasurer's office holding a position in the |
1549
|
Senior Management Service as defined in s. 110.402; any person |
1550
|
holding a position in the Selected Exempt Service as defined in |
1551
|
s. 110.602; any person having authority over insurance policy, |
1552
|
regulation, or supervision; or any person hired on a contractual |
1553
|
basis, having the power normally conferred upon such person, by |
1554
|
whatever title. |
1555
|
Section 98. Subsections (1), (2), and (3) of section |
1556
|
655.019, Florida Statutes, are amended to read: |
1557
|
655.019 Campaign contributions; limitations.-- |
1558
|
(1) Notwithstanding the limits provided in s. 106.08, no |
1559
|
financial institution which is licensed or otherwise authorized |
1560
|
to do business pursuant to chapters 655-665, nor an officer, |
1561
|
executive officer, affiliate, subsidiary or service corporation |
1562
|
of a financial institution that is licensed or otherwise |
1563
|
authorized to do business pursuant to chapters 655-665, and no |
1564
|
political committee or committee of continuous existence |
1565
|
representing the interests of such financial institutionshall |
1566
|
make a contribution in excess of $100, for any election, to or |
1567
|
on behalf of the Chief Financial OfficerComptrolleror any |
1568
|
candidate for the office of Chief Financial OfficerComptroller. |
1569
|
The provisions of this subsection shall not prevent any |
1570
|
candidate or members of that candidate's immediate family from |
1571
|
contributing to that candidate's campaign as otherwise permitted |
1572
|
by law. |
1573
|
(2) The Chief Financial OfficerComptrolleror candidate |
1574
|
for the office of Chief Financial OfficerComptrollermay not |
1575
|
accept a campaign contribution in excess of $100 from any |
1576
|
officer of afinancial institution which is licensed or |
1577
|
otherwise authorized to do business pursuant to chapters 655- |
1578
|
665, or an officer, executive officer, affiliate, subsidiary or |
1579
|
service corporation of such financial institution, or any |
1580
|
political committee or committee of continuous existence that |
1581
|
represents that financial institution. |
1582
|
(3) No employee of the department may solicit a campaign |
1583
|
contribution for the Chief Financial OfficerComptrolleror any |
1584
|
candidate for the office of Chief Financial Officerthe |
1585
|
Comptroller from any director, officer, employee, agent, |
1586
|
retained legal counsel, lobbyist, or partner of a financial |
1587
|
institution thatperson whois licensed or otherwise authorized |
1588
|
to do business by the department or thatwhohas an application |
1589
|
pending for licensure or other authorization to do business |
1590
|
pending with the department, or any director, officer, employee, |
1591
|
agent, retained legal counsel, lobbyist, or partner or affiliate |
1592
|
of that person or any political committee or committee of |
1593
|
continuous existence that represents that person. For purposes |
1594
|
of this section, "employee of the department" means any person |
1595
|
employed in the department or the Chief Financial Officer's |
1596
|
Comptroller'soffice holding a position in the Senior Management |
1597
|
Service as defined in s. 110.402; any person holding a position |
1598
|
in the Selected Exempt Service as defined in s. 110.602; any |
1599
|
person having authority over institution policy, regulation, or |
1600
|
supervision; or any person hired on a contractual basis, having |
1601
|
the power normally conferred upon such person, by whatever |
1602
|
title. |
1603
|
Section 99. Subsection (4) of section 1004.28, Florida |
1604
|
Statutes, is amended to read: |
1605
|
1004.28 Direct-support organizations; use of property; |
1606
|
board of directors; activities; audit; facilities.-- |
1607
|
(4) ACTIVITIES; RESTRICTION.--A university direct-support |
1608
|
organization is prohibited from giving, either directly or |
1609
|
indirectly, any gift to a political committee or committee of |
1610
|
continuous existenceas defined in s. 106.011 for any purpose |
1611
|
other than those certified by a majority roll call vote of the |
1612
|
governing board of the direct-support organization at a |
1613
|
regularly scheduled meeting as being directly related to the |
1614
|
educational mission of the university. |
1615
|
Section 100. Paragraph (d) of subsection (4) of section |
1616
|
1004.70, Florida Statutes, is amended to read: |
1617
|
1004.70 Community college direct-support organizations.-- |
1618
|
(4) ACTIVITIES; RESTRICTIONS.-- |
1619
|
(d) A community college direct-support organization is |
1620
|
prohibited from giving, either directly or indirectly, any gift |
1621
|
to a political committee or committee of continuous existenceas |
1622
|
defined in s. 106.011 for any purpose other than those certified |
1623
|
by a majority roll call vote of the governing board of the |
1624
|
direct-support organization at a regularly scheduled meeting as |
1625
|
being directly related to the educational mission of the |
1626
|
community college. |
1627
|
Section 101. Paragraph (c) of subsection (4) of section |
1628
|
1004.71, Florida Statutes, is amended to read: |
1629
|
1004.71 Statewide community college direct-support |
1630
|
organizations.-- |
1631
|
(4) RESTRICTIONS.-- |
1632
|
(c) A statewide community college direct-support |
1633
|
organization is prohibited from giving, either directly or |
1634
|
indirectly, any gift to a political committee or committee of |
1635
|
continuous existenceas defined in s. 106.011 for any purpose |
1636
|
other than those certified by a majority roll call vote of the |
1637
|
governing board of the direct-support organization at a |
1638
|
regularly scheduled meeting as being directly related to the |
1639
|
educational mission of the State Board of Education. |
1640
|
Section 101. Subsection (3) of section 106.32, Florida |
1641
|
Statutes, is repealed.
|
1642
|
|
1643
|
|
1644
|
================= T I T L E A M E N D M E N T ================= |
1645
|
Between line(s) 134 and 135, insert: |
1646
|
amending s. 97.055, F.S.; eliminating the book-closing period |
1647
|
for voter registration; providing registration and changes in |
1648
|
registration at the polls on election day; amending ss. 97.021, |
1649
|
97.053, 97.071, 98.065, 98.081, 98.231, 101.045, and 101.663, |
1650
|
F.S., to conform; repealing s. 97.0555, F.S., relating to late |
1651
|
registration, to conform; amending s. 100.011, F.S.; delaying |
1652
|
the closing of the polls; amending ss. 101.65 and 101.67, F.S., |
1653
|
relating to instructions to and ballots from absent electors, to |
1654
|
conform; amending s. 101.657, F.S.; revising provisions relating |
1655
|
to absentee voting; allowing for weekend voting; requiring the |
1656
|
supervisor of elections to provide additional locations for |
1657
|
absentee voting; providing for the use of mobile voting units; |
1658
|
amending s. 101.048, F.S.; authorizing the use of provisional |
1659
|
ballots during early voting; amending s. 97.021, F.S.; |
1660
|
redefining "provisional ballot," to conform; amending s. |
1661
|
101.151, F.S.; restricting the length of ballots; amending s. |
1662
|
106.161, F.S.; requiring broadcast television and radio stations |
1663
|
to provide certain free air time to candidates for public |
1664
|
office; creating a task force to rebut false or inaccurate |
1665
|
statements in political campaigns; amending s. 110.117, F.S.; |
1666
|
making General Election Day a paid holiday observed by all state |
1667
|
branches and agencies; reenacting s. 683.01(1)(r), F.S., |
1668
|
relating to the designation of General Election Day as a legal |
1669
|
holiday; amending s. 106.08, F.S.; prohibiting political |
1670
|
committees from making contributions to candidates for election |
1671
|
to or retention in office; providing a limit to contributions to |
1672
|
state and county executive committees of political parties; |
1673
|
removing provisions relating to nonallocable items for purposes |
1674
|
of limits on contributions from political party committees and a |
1675
|
related reporting requirement; providing penalties; amending s. |
1676
|
106.021, F.S.; prohibiting an individual from being appointed |
1677
|
and serving as campaign treasurer for a candidate and a |
1678
|
political committee or any combination of candidates and |
1679
|
political committees; amending s. 106.03, F.S.; requiring a |
1680
|
political committee to report information relating to any |
1681
|
candidate or political party the committee opposes; repealing s. |
1682
|
106.04, F.S., relating to committees of continuous existence; |
1683
|
amending ss. 98.095, 98.0979, 101.62, 102.031, 106.07, 106.082, |
1684
|
106.087, 106.12, 106.147, 106.148, 106.23, 106.265, 106.27, |
1685
|
106.29, 106.33, 111.075, 112.3148, 112.3149, 627.0623, 655.019, |
1686
|
1004.28, 1004.70, and 1004.71, F.S.; removing or correcting |
1687
|
references, to conform; amending s. 106.011, F.S.; revising and |
1688
|
removing definitions, to conform; expanding the definition of |
1689
|
"political advertisement"; repealing s. 106.32(3), F.S., |
1690
|
relating to deposit of certain obsolete assessments, to conform; |