HB 0869 2003
1	A bill to be entitled
2	An act relating to elections; providing a popular name;
3	amending s. 106.011, F.S.; redefining the term
4	"communications media"; amending s. 106.11, F.S.;
5	extending the time for unopposed candidates to purchase
6	"thank you" advertising; amending s. 106.141, F.S.;
7	extending the date for unopposed candidates to file a
8	termination report, to conform; amending s. 106.1437,
9	F.S.; modifying reporting requirements for miscellaneous
10	advertisements intended to influence public policy;
11	prescribing prohibitions and exemptions; prescribing
12	penalties; providing for severability; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. This act shall be known by the popular name of
18	the "Florida Advertising Campaign Exposure Act."
19	Section 2. Subsection (13) of section 106.011, Florida
20	Statutes, is amended to read:
21	106.011 Definitions.--As used in this chapter, the
22	following terms have the following meanings unless the context
23	clearly indicates otherwise:
24	(13) "Communications media" means broadcasting stations,
25	newspapers, magazines, outdoor advertising facilities, printers,
26	direct mailing companies, advertising agencies, the Internet,
27	and telephone companies; but with respect to telephones, an
28	expenditure shall be deemed to be an expenditure for the use of
29	communications media only if made for the costs of telephones,
30	paid telephonists, or automatic telephone equipment to be used
31	by a candidate or a political committee to communicate with
32	potential voters but excluding any costs of telephones incurred
33	by a volunteer for use of telephones by such volunteer.
34	Section 3. Subsection (5) of section 106.11, Florida
35	Statutes, is amended to read:
36	106.11 Expenses of and expenditures by candidates and
37	political committees.--Each candidate and each political
38	committee which designates a primary campaign depository
39	pursuant to s. 106.021(1) shall make expenditures from funds on
40	deposit in such primary campaign depository only in the
41	following manner, with the exception of expenditures made from
42	petty cash funds provided by s. 106.12:
43	(5) A candidate who withdraws his or her candidacy,
44	becomes an unopposed candidate, or is eliminated as a candidate
45	or elected to office may expend funds from the campaign account
46	to:
47	(a) Purchase "thank you" advertising for up to 75 days
48	after he or she withdraws, becomes unopposed,or is eliminated
49	or elected.
50	(b) Pay for items which were obligated before he or she
51	withdrew, became unopposed, or was eliminated or elected.
52	(c) Pay for expenditures necessary to close down the
53	campaign office and to prepare final campaign reports.
54	(d) Dispose of surplus funds as provided in s. 106.141.
55	Section 4. Subsection (1) of section 106.141, Florida
56	Statutes, is amended to read:
57	106.141 Disposition of surplus funds by candidates.--
58	(1) Each candidate who withdraws his or her candidacy,
59	becomes an unopposed candidate, or is eliminated as a candidate,
60	or is elected to office shall, no later than 90 days after such
61	withdrawal, elimination, or electionwithin 90 days, dispose of
62	the funds on deposit in his or her campaign account and file a
63	report reflecting the disposition of all remaining funds. Such
64	candidate shall not accept any contributions, nor shall any
65	person accept contributions on behalf of such candidate, after
66	the candidate withdraws his or her candidacy, becomes an
67	unopposed candidate, or is eliminated or elected. However, if a
68	candidate receives a refund check after all surplus funds have
69	been disposed of, the check may be endorsed by the candidate and
70	the refund disposed of under this section. An amended report
71	must be filed showing the refund and subsequent disposition.
72	Section 5. Section 106.1437, Florida Statutes, is amended
73	to read:
74	106.1437 Miscellaneous advertisements.--
75	(1) As used in this section, the term:
76	(a) "Electioneering advertisement" means a paid expression
77	in any communications media prescribed in s. 106.011(13)
78	published on the day of any election or any of the preceding 29
79	days which names or depicts a candidate for office in that
80	election or which references a clearly identifiable ballot
81	measure in that election. Any advertisement that qualifies as an
82	independent expenditure pursuant to s. 106.011(5) or a political
83	advertisement pursuant to s. 106.011(17) is not an
84	electioneering advertisement for purposes of this section.
85	However, the term does not include:
86	1. A statement or depiction by an organization, in
87	existence prior to the time during which the candidate named or
88	depicted qualifies or the issue clearly referenced is placed on
89	the ballot for that election, made in that organization's
90	newsletter, which newsletter is distributed only to members of
91	that organization.
92	2. An editorial endorsement by any newspaper, radio, or
93	television station or other recognized news medium.
94	(b) "Contribution" means:
95	1. A gift, subscription, conveyance, deposit, loan,
96	payment, or distribution of money or anything of value,
97	including contributions in kind having an attributable monetary
98	value in any form, made for the purpose of funding or sponsoring
99	an electioneering advertisement.
100	2. A transfer of funds between a political committee or a
101	committee or continuous existence and a person funding or
102	sponsoring an electioneering advertisement.
103	3. The payment, by any person other than a candidate or
104	political committee, of compensation for the personal services
105	of another person which are rendered to a person funding or
106	sponsoring an electioneering advertisement.
107	(c) "Expenditure" means a purchase, payment, distribution,
108	loan, advance, or gift of money or anything of value made for
109	the purpose of funding or sponsoring an electioneering
110	advertisement. However, the term does not include a purchase,
111	payment, distribution, loan, advance, or gift of money or
112	anything of value made for the purpose of funding or sponsoring
113	an electioneering advertisement when made by an organization, in
114	existence prior to the time during which a candidate qualifies
115	or a ballot measure is placed on the ballot for that election,
116	for the purpose of printing or distributing such organization's
117	newsletter, containing a statement by such organization in
118	support of or opposition to a candidate or ballot measure, which
119	newsletter is distributed only to members of such organization.
120	(2) Each person that sponsors or funds an electioneering
121	advertisement must file regular reports of all contributions
122	received and all expenditures made by such person with the same
123	officer as a political committee supporting or opposing the
124	candidate named or depicted or the ballot measure referenced in
125	the advertisement. Such reports must contain the same
126	information and are subject to the same filing requirements as
127	reports required under s. 106.07 for candidates not receiving
128	public financing.
129	(3)(a) If the initial publication of the electioneering
130	advertisement occurs after the final regular report is due under
131	subsection (2) but prior to the closing of the polls on election
132	day, the person funding or sponsoring the advertisement must
133	file a report electronically with the division no later than 1
134	hour after the initial publication of the advertisement. The
135	report must contain the same information as required of a
136	candidate by s. 106.07(4). Upon receipt of the filing, the
137	division shall electronically transmit a confirmation of receipt
138	to the person filing the report. If the person is unable to file
139	electronically for any reason, a written report containing the
140	required information may be faxed or hand delivered to the
141	division no later than 1 hour after the initial publication of
142	the advertisement. However, if a report due to be filed under
143	this paragraph on a Saturday, Sunday, or legal holiday cannot be
144	electronically filed because of problems with Internet
145	communications, the report must be filed either electronically,
146	by facsimile, or by hand delivery with the division no later
147	than 10 a.m. on the next business day.
148	(b) The division shall adopt rules providing for
149	electronic filing which must, at a minimum, provide that:
150	1. The division develop an electronic filing system using
151	the Internet or other on-line technologies; and
152	2. The system be reasonably secure and be designed to
153	elicit the name, address, birthdate, and any other information
154	necessary to authenticate the identity of the person submitting
155	the report.
156	(c) Information filed with the division pursuant to this
157	subsection must also be included on the next regular report
158	required under subsection (2).
159	(4)(a) The following persons shall be responsible for
160	filing the reports required in subsections (2) and (3), shall
161	certify as to the correctness of each report, and shall bear the
162	responsibility for the accuracy and veracity of each report:
163	1. The candidate and his or her campaign treasurer, if the
164	person funding or sponsoring the electioneering advertisement is
165	a candidate.
166	2. The committee chair and treasurer of the committee, if
167	the person funding or sponsoring the electioneering
168	advertisement is a political committee, committee of continuous
169	existence, or executive committee of a political party;
170	3. The individual, if the person funding or sponsoring the
171	electioneering advertisement is a natural person who is not a
172	candidate; or
173	4. An individual designated by the organization, if the
174	person funding or sponsoring the electioneering advertisement is
175	a group other than a political committee, committee of
176	continuous existence, or executive committee of a political
177	party. The name, address, and title of the designated individual
178	must be filed with the division in writing prior to, or
179	contemporaneous with, the filing of the initial report.
180
181	Such a person is liable for violations of report filing
182	requirements to the same extent as candidates pursuant to ss.
183	106.07(5), 106.19, and 106.265.
184	(b) In addition to the penalties prescribed in paragraph
185	(a), the person funding or sponsoring an electioneering
186	advertisement and the person responsible for reporting pursuant
187	to this subsection shall be jointly and severally liable for
188	late filing fines assessed by the Florida Elections Commission
189	pursuant to s. 106.07(8). Any such person may appeal or dispute
190	the fine in accordance with the provisions of s. 106.07(8)(c).
191	(5)(a) Any electioneering advertisement must prominently
192	state, "Paid advertisement paid for or sponsored by ...(Name of
193	person funding or sponsoring the electioneering
194	advertisement)...," followed by the address of the person
195	funding or sponsoring the advertisement.
196	(b) The Florida Elections Commission is authorized upon
197	finding a violation of this subsection to impose a civil penalty
198	in the form of fines not to exceed $5,000 or the total cost of
199	the advertisements without the proper disclaimer, whichever is
200	greater. In determining the amount of the penalty, the
201	commission must consider any mitigating or aggravating
202	circumstances prescribed in s. 106.265. This penalty shall
203	substitute for the penalties provided in s. 106.265, shall be
204	deposited into the General Revenue Fund of the state, and, if
205	necessary, shall be collected pursuant to s. 106.265(2).
206	(6) A person may not make a contribution through or in the
207	name of another, directly or indirectly, for the purpose of
208	funding an electioneering advertisement.Any advertisement,
209	other than a political advertisement, on billboards, bumper
210	stickers, radio, or television, or in a newspaper, a magazine,
211	or a periodical, intended to influence public policy or the vote
212	of a public official, shall clearly designate the sponsor of
213	such advertisement by including a clearly readable statement of
214	sponsorship. If the advertisement is broadcast on television,
215	the advertisement shall also contain a verbal statement of
216	sponsorship. This section shall not apply to an editorial
217	endorsement.
218	Section 6. If any provision of this act or its application
219	to any person or circumstance is held invalid, the invalidity
220	does not affect other provisions or applications of the act
221	which can be given effect without the invalid provision or
222	application, and to this end the provisions of this act are
223	severable.
224	Section 7. This act shall take effect January 1, 2004.