| 1 | A bill to be entitled |
| 2 | An act relating to campaign financing; providing a popular |
| 3 | name; amending s. 106.011, F.S.; revising definitions of |
| 4 | the terms "political committee," "contribution," and |
| 5 | "expenditure" to provide applicability with respect to |
| 6 | elected public officials; revising the definition of the |
| 7 | term "political advertisement" to provide a presumption |
| 8 | with respect to certain advertisements and to provide |
| 9 | certain exceptions thereto; amending s. 106.021, F.S.; |
| 10 | eliminating a provision that authorizes the unrestricted |
| 11 | expenditure of funds by a political committee or political |
| 12 | party for the purpose of jointly endorsing three or more |
| 13 | candidates; amending s. 106.03, F.S.; providing additional |
| 14 | requirements for registration of political committees and |
| 15 | certification of committees of continuous existence; |
| 16 | providing penalties and applicability; amending s. 106.04, |
| 17 | F.S.; requiring committees of continuous existence to |
| 18 | update certain certification information; requiring an up- |
| 19 | to-date membership list with the application for |
| 20 | certification and with each annual and regular report; |
| 21 | specifying information membership lists must provide; |
| 22 | requiring membership dues to be reported in the same |
| 23 | manner as regular contributions; requiring the treasurer |
| 24 | of each committee of continuous existence to certify that |
| 25 | the contributions received and expenditures made by the |
| 26 | committee were not solicited, received, directed, |
| 27 | transferred, or spent by an elected public officer of the |
| 28 | state or any of its political subdivisions or by any agent |
| 29 | or person acting on behalf of such officer; prohibiting |
| 30 | committees of continuous existence from making |
| 31 | expenditures in support of or opposition to an elected |
| 32 | public official without registering as a political |
| 33 | committee; providing an exception; providing that records |
| 34 | of a committee of continuous existence relating to |
| 35 | political activities are public records; revising the fine |
| 36 | for late filing of reports by committees of continuous |
| 37 | existence; providing penalties; amending s. 106.07, F.S.; |
| 38 | correcting a cross reference, to conform; amending s. |
| 39 | 106.087, F.S.; eliminating a provision that authorizes |
| 40 | independent expenditures by certain political committees |
| 41 | and committees of continuous existence for the purpose of |
| 42 | jointly endorsing three or more candidates; creating s. |
| 43 | 104.311, F.S.; prohibiting elected public officers, and |
| 44 | agents or persons acting on behalf of such officers, from |
| 45 | soliciting, receiving, directing, transferring, or |
| 46 | spending a contribution or expenditure to or on behalf of |
| 47 | a committee of continuous existence; prohibiting elected |
| 48 | public officers from serving as chair, treasurer, deputy |
| 49 | treasurer, or any other officer of a committee of |
| 50 | continuous existence; providing civil and criminal |
| 51 | penalties; providing for severability; providing effective |
| 52 | dates. |
| 53 |
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| 54 | Be It Enacted by the Legislature of the State of Florida: |
| 55 |
|
| 56 | Section 1. This act shall be known by the popular name the |
| 57 | "Marjorie Turnbull Campaign Finance Reform Act." |
| 58 | Section 2. Effective July 1, 2004, subsections (1), (3), |
| 59 | (4), and (17) of section 106.011, Florida Statutes, are amended |
| 60 | to read: |
| 61 | 106.011 Definitions.--As used in this chapter, the |
| 62 | following terms have the following meanings unless the context |
| 63 | clearly indicates otherwise: |
| 64 | (1)(a) "Political committee" means: |
| 65 | 1. A combination of two or more individuals, or a person |
| 66 | other than an individual, that, in an aggregate amount in excess |
| 67 | of $500 during a single calendar year: |
| 68 | a. Accepts contributions for the purpose of making |
| 69 | contributions to any candidate, elected public official, |
| 70 | political committee, committee of continuous existence, or |
| 71 | political party; |
| 72 | b. Accepts contributions for the purpose of expressly |
| 73 | advocating the election or defeat of a candidate or an elected |
| 74 | public official or the passage or defeat of an issue; |
| 75 | c. Makes expenditures that expressly advocate the election |
| 76 | or defeat of a candidate or an elected public official or the |
| 77 | passage or defeat of an issue; or |
| 78 | d. Makes contributions to a common fund, other than a |
| 79 | joint checking account between spouses, from which contributions |
| 80 | are made to any candidate, elected public official, political |
| 81 | committee, committee of continuous existence, or political |
| 82 | party. |
| 83 | 2. The sponsor of a proposed constitutional amendment by |
| 84 | initiative who intends to seek the signatures of registered |
| 85 | electors. |
| 86 | (b) Notwithstanding paragraph (a), the following entities |
| 87 | are not considered political committees for purposes of this |
| 88 | chapter: |
| 89 | 1. Organizations which are certified by the Department of |
| 90 | State as committees of continuous existence pursuant to s. |
| 91 | 106.04, national political parties, and the state and county |
| 92 | executive committees of political parties regulated by chapter |
| 93 | 103. |
| 94 | 2. Corporations regulated by chapter 607 or chapter 617 or |
| 95 | other business entities formed for purposes other than to |
| 96 | support or oppose issues or candidates, if their political |
| 97 | activities are limited to contributions to candidates, elected |
| 98 | public officials, political parties, or political committees or |
| 99 | expenditures in support of or opposition to an issue or an |
| 100 | elected public official from corporate or business funds and if |
| 101 | no contributions are received by such corporations or business |
| 102 | entities. |
| 103 | (3) "Contribution" means: |
| 104 | (a) A gift, subscription, conveyance, deposit, loan, |
| 105 | payment, or distribution of money or anything of value, |
| 106 | including contributions in kind having an attributable monetary |
| 107 | value in any form, made for the purpose of influencing the |
| 108 | results of an election. |
| 109 | (b) A transfer of funds between political committees, |
| 110 | between committees of continuous existence, or between a |
| 111 | political committee and a committee of continuous existence. |
| 112 | (c) The payment, by any person other than a candidate or |
| 113 | political committee, of compensation for the personal services |
| 114 | of another person which are rendered to a candidate or political |
| 115 | committee without charge to the candidate or committee for such |
| 116 | services. |
| 117 | (d) The transfer of funds by a campaign treasurer or |
| 118 | deputy campaign treasurer between a primary depository and a |
| 119 | separate interest-bearing account or certificate of deposit, and |
| 120 | the term includes any interest earned on such account or |
| 121 | certificate. |
| 122 | (e) Any funds received by a political committee which are |
| 123 | used or intended to be used, directly or indirectly, to pay for |
| 124 | a political advertisement supporting or opposing an elected |
| 125 | public official. |
| 126 |
|
| 127 | Notwithstanding the foregoing meanings of "contribution," the |
| 128 | word shall not be construed to include services, including, but |
| 129 | not limited to, legal and accounting services, provided without |
| 130 | compensation by individuals volunteering a portion or all of |
| 131 | their time on behalf of a candidate or political committee. This |
| 132 | definition shall not be construed to include editorial |
| 133 | endorsements. |
| 134 | (4) "Expenditure" means a purchase, payment, distribution, |
| 135 | loan, advance, transfer of funds by a campaign treasurer or |
| 136 | deputy campaign treasurer between a primary depository and a |
| 137 | separate interest-bearing account or certificate of deposit, or |
| 138 | gift of money or anything of value made for the purpose of |
| 139 | influencing the results of an election or for purchasing a |
| 140 | political advertisement supporting or opposing an elected public |
| 141 | official. However, "expenditure" does not include a purchase, |
| 142 | payment, distribution, loan, advance, or gift of money or |
| 143 | anything of value made for the purpose of influencing the |
| 144 | results of an election when made by an organization, in |
| 145 | existence prior to the time during which a candidate qualifies |
| 146 | or an issue is placed on the ballot for that election, for the |
| 147 | purpose of printing or distributing such organization's |
| 148 | newsletter, containing a statement by such organization in |
| 149 | support of or opposition to a candidate or issue, which |
| 150 | newsletter is distributed only to members of such organization. |
| 151 | (17)(a) "Political advertisement" means a paid expression |
| 152 | in any communications media prescribed in subsection (13), |
| 153 | whether radio, television, newspaper, magazine, periodical, |
| 154 | campaign literature, direct mail, or display or by means other |
| 155 | than the spoken word in direct conversation, which shall support |
| 156 | or oppose any candidate, elected public official, or issue. In |
| 157 | addition, an advertisement is presumed to be a political |
| 158 | advertisement if it is a paid expression in any communications |
| 159 | media described in subsection (13), whether radio, television, |
| 160 | newspaper, magazine, periodical, campaign literature, direct |
| 161 | mail, or display or by means other than the spoken word in |
| 162 | direct conversation, which substantially mentions or shows a |
| 163 | clearly identifiable candidate for election or reelection and is |
| 164 | distributed at any point during the period following the last |
| 165 | day of qualifying for that candidacy through the ensuing general |
| 166 | election and which, when examined by a reasonable person, would |
| 167 | be understood as a communication made for the purpose of |
| 168 | influencing the results of an election on that candidacy during |
| 169 | that period and for which aggregate expenditures on like |
| 170 | advertisements exceed $1,000. |
| 171 | (b) However, "Political advertisement" does not include: |
| 172 | 1.(a) A statement by an organization, in existence prior |
| 173 | to the time during which a candidate qualifies or an issue is |
| 174 | placed on the ballot for that election, in support of or |
| 175 | opposition to a candidate or issue, in that organization's |
| 176 | newsletter, which newsletter is distributed only to the members |
| 177 | of that organization. |
| 178 | 2.(b) Editorial endorsements by any newspaper, radio or |
| 179 | television station, or other recognized news medium. |
| 180 | 3. A paid expression in any communications media which |
| 181 | mentions or shows a clearly identifiable candidate for election |
| 182 | or reelection which: |
| 183 | a. Advertises a business rather than the candidate, is |
| 184 | paid for out of funds of that business, and is similar to other |
| 185 | advertisements for that business which have mentioned or shown |
| 186 | the candidate and have been distributed regularly over a period |
| 187 | of at least 1 year before the qualifying period for that |
| 188 | candidacy; or |
| 189 | b. Is distributed or broadcast only to areas other than |
| 190 | the geographical area of the electorate for that candidacy. |
| 191 | Section 3. Effective July 1, 2004, subsection (3) of |
| 192 | section 106.021, Florida Statutes, is amended to read: |
| 193 | 106.021 Campaign treasurers; deputies; primary and |
| 194 | secondary depositories.-- |
| 195 | (3) Except for independent expenditures, no contribution |
| 196 | or expenditure, including contributions or expenditures of a |
| 197 | candidate or of the candidate's family, shall be directly or |
| 198 | indirectly made or received in furtherance of the candidacy of |
| 199 | any person for nomination or election to political office in the |
| 200 | state or on behalf of any political committee except through the |
| 201 | duly appointed campaign treasurer of the candidate or political |
| 202 | committee; however, a candidate or any other individual may be |
| 203 | reimbursed for expenses incurred for travel, food and beverage, |
| 204 | office supplies, and mementos expressing gratitude to campaign |
| 205 | supporters by a check drawn upon the campaign account and |
| 206 | reported pursuant to s. 106.07(4). In addition, expenditures may |
| 207 | be made directly by any political committee or political party |
| 208 | regulated by chapter 103 for obtaining time, space, or services |
| 209 | in or by any communications medium for the purpose of jointly |
| 210 | endorsing three or more candidates, and any such expenditure |
| 211 | shall not be considered a contribution or expenditure to or on |
| 212 | behalf of any such candidates for the purposes of this chapter. |
| 213 | Section 4. Section 106.03, Florida Statutes, is amended to |
| 214 | read: |
| 215 | 106.03 Registration of political committees.-- |
| 216 | (1) Each political committee which anticipates receiving |
| 217 | contributions or making expenditures during a calendar year in |
| 218 | an aggregate amount exceeding $500 or which is seeking the |
| 219 | signatures of registered electors in support of an initiative |
| 220 | shall file a statement of organization as provided in subsection |
| 221 | (4) (3) within 10 days after its organization or, if later, |
| 222 | within 10 days after the date on which it has information which |
| 223 | causes the committee to anticipate that it will receive |
| 224 | contributions or make expenditures in excess of $500. If a |
| 225 | political committee is organized within 10 days before of any |
| 226 | election, it shall immediately file the statement of |
| 227 | organization required by this section. |
| 228 | (2) The statement of organization shall include: |
| 229 | (a) The name and address of the committee; |
| 230 | (b) The names, addresses, and relationships of affiliated |
| 231 | or connected organizations; |
| 232 | (c) The area, scope, or jurisdiction of the committee; |
| 233 | (d) The name, address, and position, and principal |
| 234 | employer of the custodian of books and accounts; |
| 235 | (e) The name, address, and position, and principal |
| 236 | employer of each other principal officer officers, including |
| 237 | officers and members of the finance committee, if any; |
| 238 | (f) The name, address, office sought, and party |
| 239 | affiliation of: |
| 240 | 1. Each candidate whom the committee is supporting; |
| 241 | 2. Any other individual, if any, whom the committee is |
| 242 | supporting for nomination for election, or election, to any |
| 243 | public office whatever; |
| 244 | (g) Any issue or issues such organization is supporting or |
| 245 | opposing; |
| 246 | (h) If the committee is supporting the entire ticket of |
| 247 | any party, a statement to that effect and the name of the party; |
| 248 | (i) A statement of whether the committee is a continuing |
| 249 | one; |
| 250 | (j) Plans for the disposition of residual funds which will |
| 251 | be made in the event of dissolution; |
| 252 | (k) A listing of all banks, safe-deposit boxes, or other |
| 253 | depositories used for committee funds; and |
| 254 | (l) A statement of the reports required to be filed by the |
| 255 | committee with federal officials, if any, and the names, |
| 256 | addresses, and positions of such officials. |
| 257 | (3)(a) The name of the committee provided in the statement |
| 258 | of organization must include the name of the corporation, labor |
| 259 | union, professional association, political committee, committee |
| 260 | of continuous existence, or other business entity whose |
| 261 | officials, employees, agents, or members, directly or |
| 262 | indirectly, established or organized the committee, if any. |
| 263 | (b) If the name of the committee provided in the statement |
| 264 | of organization does not include the name of a corporation, |
| 265 | labor union, professional association, political committee, |
| 266 | committee of continuous existence, or other business entity, the |
| 267 | name must include the economic or special interest, if |
| 268 | identifiable, principally represented by the committee's |
| 269 | organizers or intended to be advanced by the committee's |
| 270 | receipts. |
| 271 | (c) Any person who knowingly and willfully violates this |
| 272 | subsection shall be fined not less than $1,000 and not more than |
| 273 | $10,000 for each violation. Any officer, partner, agent, |
| 274 | attorney, or other representative of a corporation, labor union, |
| 275 | professional association, political committee, committee of |
| 276 | continuous existence, or other business entity who aids, abets, |
| 277 | advises, or participates in a violation of any provision of this |
| 278 | subsection shall be fined not less than $1,000 and not more than |
| 279 | $10,000 for each violation. |
| 280 | (4)(3)(a) A political committee which is organized to |
| 281 | support or oppose statewide, legislative, or multicounty |
| 282 | candidates or issues to be voted upon on a statewide or |
| 283 | multicounty basis shall file a statement of organization with |
| 284 | the Division of Elections. |
| 285 | (b) Except as provided in paragraph (c), a political |
| 286 | committee which is organized to support or oppose candidates or |
| 287 | issues to be voted on in a countywide election or candidates or |
| 288 | issues in any election held on less than a countywide basis |
| 289 | shall file a statement of organization with the supervisor of |
| 290 | elections of the county in which such election is being held. |
| 291 | (c) A political committee which is organized to support or |
| 292 | oppose only candidates for municipal office or issues to be |
| 293 | voted on in a municipal election shall file a statement of |
| 294 | organization with the officer before whom municipal candidates |
| 295 | qualify. |
| 296 | (d) Any political committee which would be required under |
| 297 | this subsection to file a statement of organization in two or |
| 298 | more locations by reason of the committee's intention to support |
| 299 | or oppose candidates or issues at state or multicounty and local |
| 300 | levels of government need file only with the Division of |
| 301 | Elections. |
| 302 | (5)(4) Any change in information previously submitted in a |
| 303 | statement of organization shall be reported to the agency or |
| 304 | officer with whom such committee is required to register |
| 305 | pursuant to subsection (4) (3), within 10 days following the |
| 306 | change. |
| 307 | (6)(5) Any committee which, after having filed one or more |
| 308 | statements of organization, disbands or determines it will no |
| 309 | longer receive contributions or make expenditures during the |
| 310 | calendar year in an aggregate amount exceeding $500 shall so |
| 311 | notify the agency or officer with whom such committee is |
| 312 | required to file the statement of organization. |
| 313 | (7)(6) If the filing officer finds that a political |
| 314 | committee has filed its statement of organization consistent |
| 315 | with the requirements of subsections subsection (2) and (3), it |
| 316 | shall notify the committee in writing that it has been |
| 317 | registered as a political committee. If the filing officer finds |
| 318 | that a political committee's statement of organization does not |
| 319 | meet the requirements of subsections subsection (2) and (3), it |
| 320 | shall notify the committee of such finding and shall state in |
| 321 | writing the reasons for rejection of the statement of |
| 322 | organization. |
| 323 | (8)(7) The Division of Elections shall adopt promulgate |
| 324 | rules to prescribe the manner in which inactive committees may |
| 325 | be dissolved and have their registration canceled. Such rules |
| 326 | shall, at a minimum, provide for: |
| 327 | (a) Notice which shall contain the facts and conduct which |
| 328 | warrant the intended action, including but not limited to |
| 329 | failure to file reports and limited activity. |
| 330 | (b) Adequate opportunity to respond. |
| 331 | (c) Appeal of the decision to the Florida Elections |
| 332 | Commission. Such appeals shall be exempt from the |
| 333 | confidentiality provisions of s. 106.25. |
| 334 | Section 5. Section 106.04, Florida Statutes, is amended to |
| 335 | read: |
| 336 | 106.04 Committees of continuous existence.-- |
| 337 | (1) In order to qualify as a committee of continuous |
| 338 | existence for the purposes of this chapter, a group, |
| 339 | organization, association, or other such entity which is |
| 340 | involved in making contributions to candidates, political |
| 341 | committees, or political parties, shall meet the following |
| 342 | criteria: |
| 343 | (a) It shall be organized and operated in accordance with |
| 344 | a written charter or set of bylaws which contains procedures for |
| 345 | the election of officers and directors and which clearly defines |
| 346 | membership in the organization; and |
| 347 | (b) At least 25 percent of the income of such |
| 348 | organization, excluding interest, must be derived from dues or |
| 349 | assessments payable on a regular basis by its membership |
| 350 | pursuant to provisions contained in the charter or bylaws. |
| 351 | (2) Any group, organization, association, or other entity |
| 352 | may seek certification from the Department of State as a |
| 353 | committee of continuous existence by filing an application with |
| 354 | the Division of Elections on a form provided by the division. |
| 355 | Such application shall provide the information required of |
| 356 | political committees by s. 106.03(2) and (3), and any change in |
| 357 | such information shall be reported pursuant to s. 106.03(5). |
| 358 | Each application shall be accompanied by the name and street |
| 359 | address of the principal officer of the applying entity as of |
| 360 | the date of the application; a copy of the charter or bylaws of |
| 361 | the organization; a copy of the dues or assessment schedule of |
| 362 | the organization, or formula by which dues or assessments are |
| 363 | levied; an up-to-date membership list; and a complete financial |
| 364 | statement or annual audit summarizing all income received, and |
| 365 | all expenses incurred, by the organization during the 12 months |
| 366 | preceding the date of application. The membership list must |
| 367 | provide the name and occupation of, and the amount of dues paid |
| 368 | by, each member of the organization and shall be updated and |
| 369 | submitted with each annual and regular report filed pursuant to |
| 370 | subsection (4). A membership list shall be made available for |
| 371 | inspection if deemed necessary by the division. |
| 372 | (3) If the Division of Elections finds that an applying |
| 373 | organization meets the criteria for a committee of continuous |
| 374 | existence as provided by subsection (1), it shall certify such |
| 375 | findings and notify the applying organization of such |
| 376 | certification. If it finds that an applying organization does |
| 377 | not meet the criteria for certification, it shall notify the |
| 378 | organization of such findings and shall state the reasons why |
| 379 | such criteria are not met. |
| 380 | (4)(a) Each committee of continuous existence shall file |
| 381 | an annual report with the Division of Elections during the month |
| 382 | of January. Such annual reports shall contain the same |
| 383 | information and shall be accompanied by the same materials as |
| 384 | original applications filed pursuant to subsection (2). However, |
| 385 | the charter or bylaws need not be filed if the annual report is |
| 386 | accompanied by a sworn statement by the chair that no changes |
| 387 | have been made to such charter or bylaws since the last filing. |
| 388 | (b)1. Each committee of continuous existence shall file |
| 389 | regular reports with the Division of Elections at the same times |
| 390 | and subject to the same filing conditions as are established by |
| 391 | s. 106.07(1) and (2) for candidates' reports. |
| 392 | 2. Any committee of continuous existence failing to so |
| 393 | file a report with the Division of Elections pursuant to this |
| 394 | paragraph on the designated due date shall be subject to a fine |
| 395 | for late filing as provided by this section. |
| 396 | (c) All committees of continuous existence shall file the |
| 397 | original and one copy of their reports with the Division of |
| 398 | Elections. In addition, a duplicate copy of each report shall be |
| 399 | filed with the supervisor of elections in the county in which |
| 400 | the committee maintains its books and records, except that if |
| 401 | the filing officer to whom the committee is required to report |
| 402 | is located in the same county as the supervisor no such |
| 403 | duplicate report is required to be filed with the supervisor. |
| 404 | Reports shall be on forms provided by the division and shall |
| 405 | contain the following information: |
| 406 | 1. The full name, address, and occupation of each person |
| 407 | who has made one or more contributions to the committee during |
| 408 | the reporting period, together with the amounts and dates of |
| 409 | such contributions. For corporations, the report must provide as |
| 410 | clear a description as practicable of the principal type of |
| 411 | business conducted by the corporation. However, if the |
| 412 | contribution is $100 or less, the occupation of the contributor |
| 413 | or principal type of business need not be listed. However, for |
| 414 | any contributions which represent the payment of dues by members |
| 415 | in a fixed amount pursuant to the schedule on file with the |
| 416 | Division of Elections, only the aggregate amount of such |
| 417 | contributions need be listed, together with the number of |
| 418 | members paying such dues and the amount of the membership dues. |
| 419 | 2. The name and address of each political committee or |
| 420 | committee of continuous existence from which the reporting |
| 421 | committee received, or the name and address of each political |
| 422 | committee, committee of continuous existence, or political party |
| 423 | to which it made, any transfer of funds, together with the |
| 424 | amounts and dates of all transfers. |
| 425 | 3. Any other receipt of funds not listed pursuant to |
| 426 | subparagraph 1. or subparagraph 2., including the sources and |
| 427 | amounts of all such funds. |
| 428 | 4. The name and address of, and office sought by, each |
| 429 | candidate to whom the committee has made a contribution during |
| 430 | the reporting period, together with the amount and date of each |
| 431 | contribution. |
| 432 | (d)1. The treasurer of each committee shall certify as to |
| 433 | the correctness of each report and shall bear the responsibility |
| 434 | for its accuracy and veracity. Any treasurer who willfully |
| 435 | certifies to the correctness of a report while knowing that such |
| 436 | report is incorrect, false, or incomplete commits a misdemeanor |
| 437 | of the first degree, punishable as provided in s. 775.082 or s. |
| 438 | 775.083. |
| 439 | 2. The treasurer of each committee shall certify that the |
| 440 | contributions received and expenditures made by the committee |
| 441 | were not solicited, received, directed, transferred, or spent by |
| 442 | an elected public officer of the state or any of its political |
| 443 | subdivisions or by any agent or person acting on behalf of such |
| 444 | officer. Any treasurer who willfully certifies that such |
| 445 | contributions or expenditures were not solicited, received, |
| 446 | directed, transferred, or spent by an elected public officer of |
| 447 | the state or any of its political subdivisions, or by any agent |
| 448 | or person acting on behalf of such officer, while knowing that |
| 449 | such certification is false commits a misdemeanor of the first |
| 450 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 451 | (5)(a) No committee of continuous existence shall |
| 452 | contribute to any candidate or political committee an amount in |
| 453 | excess of the limits contained in s. 106.08(1) or participate in |
| 454 | any other activity which is prohibited by this chapter. If any |
| 455 | violation occurs, it shall be punishable as provided in this |
| 456 | chapter for the given offense. |
| 457 | (b) No funds of a committee of continuous existence shall |
| 458 | be expended on behalf of a candidate, except by means of a |
| 459 | contribution made through the duly appointed campaign treasurer |
| 460 | of a candidate. No such committee shall make expenditures in |
| 461 | support of, or in opposition to, an issue or an elected public |
| 462 | official unless such committee first registers as a political |
| 463 | committee pursuant to this chapter and undertakes all the |
| 464 | practices and procedures required thereof; provided such |
| 465 | committee may make contributions in a total amount not to exceed |
| 466 | 25 percent of its aggregate income, as reflected in the annual |
| 467 | report filed for the previous year, to one or more political |
| 468 | committees registered pursuant to s. 106.03 and formed to |
| 469 | support or oppose issues or elected public officials. |
| 470 | (6) All accounts and records of a committee of continuous |
| 471 | existence may be inspected under reasonable circumstances by any |
| 472 | authorized representative of the Division of Elections or the |
| 473 | Florida Elections Commission. All records relating to political |
| 474 | activities of a committee of continuous existence, as specified |
| 475 | in subsection (5), are public records and subject to inspection |
| 476 | under s. 119.07. The right of inspection may be enforced by |
| 477 | appropriate writ issued by any court of competent jurisdiction. |
| 478 | (7) If a committee of continuous existence ceases to meet |
| 479 | the criteria prescribed by subsection (1), the Division of |
| 480 | Elections shall revoke its certification until such time as the |
| 481 | criteria are again met. The Division of Elections shall |
| 482 | promulgate rules to prescribe the manner in which such |
| 483 | certification shall be revoked. Such rules shall, at a minimum, |
| 484 | provide for: |
| 485 | (a) Notice, which shall contain the facts and conduct that |
| 486 | warrant the intended action. |
| 487 | (b) Adequate opportunity to respond. |
| 488 | (c) Appeal of the decision to the Florida Elections |
| 489 | Commission. Such appeals shall be exempt from the |
| 490 | confidentiality provisions of s. 106.25. |
| 491 | (8)(a) Any committee of continuous existence failing to |
| 492 | file a report on the designated due date shall be subject to a |
| 493 | fine of. The fine shall be $500 per day for each late day, not |
| 494 | to exceed 25 percent of the total receipts or expenditures, |
| 495 | whichever is greater, for the period covered by the late report. |
| 496 | The fine shall be assessed by the filing officer, and the moneys |
| 497 | collected shall be deposited in the Elections Commission Trust |
| 498 | Fund. No separate fine shall be assessed for failure to file a |
| 499 | copy of any report required by this section. |
| 500 | (b) Upon determining that a report is late, the filing |
| 501 | officer shall immediately notify the treasurer of the committee |
| 502 | as to the failure to file a report by the designated due date |
| 503 | and that a fine is being assessed for each late day. Upon |
| 504 | receipt of the report, the filing officer shall determine the |
| 505 | amount of fine which is due and shall notify the treasurer of |
| 506 | the committee. The filing officer shall determine the amount of |
| 507 | the fine due based upon the earliest of the following: |
| 508 | 1. When the report is actually received by such officer. |
| 509 | 2. When the report is postmarked. |
| 510 | 3. When the certificate of mailing is dated. |
| 511 | 4. When the receipt from an established courier company is |
| 512 | dated. |
| 513 |
|
| 514 | Such fine shall be paid to the filing officer within 20 days |
| 515 | after receipt of the notice of payment due, unless appeal is |
| 516 | made to the Florida Elections Commission pursuant to paragraph |
| 517 | (c). An officer or member of a committee shall not be personally |
| 518 | liable for such fine. |
| 519 | (c) Any treasurer of a committee may appeal or dispute the |
| 520 | fine, based upon unusual circumstances surrounding the failure |
| 521 | to file on the designated due date, and may request and shall be |
| 522 | entitled to a hearing before the Florida Elections Commission, |
| 523 | which shall have the authority to waive the fine in whole or in |
| 524 | part. Any such request shall be made within 20 days after |
| 525 | receipt of the notice of payment due. In such case, the |
| 526 | treasurer of the committee shall, within the 20-day period, |
| 527 | notify the filing officer in writing of his or her intention to |
| 528 | bring the matter before the commission. |
| 529 | (d) The filing officer shall notify the Florida Elections |
| 530 | Commission of the repeated late filing by a committee of |
| 531 | continuous existence, the failure of a committee of continuous |
| 532 | existence to file a report after notice, or the failure to pay |
| 533 | the fine imposed. |
| 534 | Section 6. Any political committee or committee of |
| 535 | continuous existence organized before January 1, 2005, shall |
| 536 | have 60 days, beginning January 1, 2005, within which to amend |
| 537 | its name, if necessary, to comply with the requirements of s. |
| 538 | 106.03(3), Florida Statutes, as created by this act, or s. |
| 539 | 106.04(2), Florida Statutes, as amended by this act, as |
| 540 | applicable. |
| 541 | Section 7. Subsection (3) of section 106.07, Florida |
| 542 | Statutes, is amended to read: |
| 543 | 106.07 Reports; certification and filing.-- |
| 544 | (3) Reports required of a political committee shall be |
| 545 | filed with the agency or officer before whom such committee |
| 546 | registers pursuant to s. 106.03(4)(3) and shall be subject to |
| 547 | the same filing conditions as established for candidates' |
| 548 | reports. Only committees that file with the Department of State |
| 549 | shall file the original and one copy of their reports. |
| 550 | Incomplete reports by political committees shall be treated in |
| 551 | the manner provided for incomplete reports by candidates in |
| 552 | subsection (2). |
| 553 | Section 8. Effective July 1, 2004, paragraph (a) of |
| 554 | subsection (2) of section 106.087, Florida Statutes, is amended |
| 555 | to read: |
| 556 | 106.087 Independent expenditures; contribution limits; |
| 557 | restrictions on political parties, political committees, and |
| 558 | committees of continuous existence.-- |
| 559 | (2)(a) Any political committee or committee of continuous |
| 560 | existence that accepts the use of public funds, equipment, |
| 561 | personnel, or other resources to collect dues from its members |
| 562 | agrees not to make independent expenditures in support of or |
| 563 | opposition to a candidate or elected public official. However, |
| 564 | expenditures may be made for the sole purpose of jointly |
| 565 | endorsing three or more candidates. |
| 566 | Section 9. Section 104.311, Florida Statutes, is created |
| 567 | to read: |
| 568 | 104.311 Prohibited political fundraising and activity by |
| 569 | elected public officers; penalties.-- |
| 570 | (1)(a) No elected public officer of the state or any of |
| 571 | its political subdivisions, or any agent or person acting on |
| 572 | behalf of such officer, may solicit, receive, direct, transfer, |
| 573 | or spend a contribution or expenditure, as those terms are |
| 574 | defined in s. 106.011, to or on behalf of any committee of |
| 575 | continuous existence formed pursuant to s. 106.04. |
| 576 | (b) No elected public officer of the state or any of its |
| 577 | political subdivisions shall serve as chair, treasurer, deputy |
| 578 | treasurer, or any other officer of a committee of continuous |
| 579 | existence formed pursuant to s. 106.04. |
| 580 | (2) Any elected public officer of the state or any of its |
| 581 | political subdivisions, or any agent or person acting on behalf |
| 582 | of such officer, who violates this section shall be liable for a |
| 583 | civil fine of $5,000 per violation. |
| 584 | (3) In addition to the penalties provided in subsection |
| 585 | (2), any person who violates this section commits a misdemeanor |
| 586 | of the first degree, punishable as provided in s. 775.082 or s. |
| 587 | 775.083. |
| 588 | Section 10. If any provision of this act or the |
| 589 | application thereof to any person or circumstance is held |
| 590 | invalid, the invalidity shall not affect other provisions or |
| 591 | applications of the act which can be given effect without the |
| 592 | invalid provision or application, and to this end the provisions |
| 593 | of this act are declared severable. |
| 594 | Section 11. Except as otherwise provided herein, this act |
| 595 | shall take effect January 1, 2005. |