Senate Bill sb1730

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    Florida Senate - 2004                                  SB 1730

    By Senator Campbell





    32-1191-04

  1                      A bill to be entitled

  2         An act relating to contributions made in

  3         support of an initiative petition; amending s.

  4         106.08, F.S., and reenacting subsection (7)

  5         thereof, relating to penalties; prohibiting a

  6         person, political committee, or committee of

  7         continuous existence from making contributions

  8         in excess of $500 to any political committee

  9         seeking signatures of registered electors in

10         support of a constitutional amendment proposed

11         by initiative; providing penalties; providing

12         an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraph (a) of subsection (1) of section

17  106.08, Florida Statutes, is amended, and subsection (7) of

18  that section is reenacted, to read:

19         106.08  Contributions; limitations on.--

20         (1)(a)  Except for political parties, no person,

21  political committee, or committee of continuous existence may,

22  in any election, make contributions in excess of $500 to any

23  candidate for election to or retention in office, or to any

24  political committee supporting or opposing one or more

25  candidates, or to any political committee that is seeking the

26  signatures of registered electors in support of an initiative.

27  Candidates for the offices of Governor and Lieutenant Governor

28  on the same ticket are considered a single candidate for the

29  purpose of this section.

30         (7)(a)  Any person who knowingly and willfully makes no

31  more than one contribution in violation of subsection (1) or

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    Florida Senate - 2004                                  SB 1730
    32-1191-04




 1  subsection (5), or any person who knowingly and willfully

 2  fails or refuses to return any contribution as required in

 3  subsection (3), commits a misdemeanor of the first degree,

 4  punishable as provided in s. 775.082 or s. 775.083.  If any

 5  corporation, partnership, or other business entity or any

 6  political party, political committee, or committee of

 7  continuous existence is convicted of knowingly and willfully

 8  violating any provision punishable under this paragraph, it

 9  shall be fined not less than $1,000 and not more than $10,000.

10  If it is a domestic entity, it may be ordered dissolved by a

11  court of competent jurisdiction; if it is a foreign or

12  nonresident business entity, its right to do business in this

13  state may be forfeited.  Any officer, partner, agent,

14  attorney, or other representative of a corporation,

15  partnership, or other business entity or of a political party,

16  political committee, or committee of continuous existence who

17  aids, abets, advises, or participates in a violation of any

18  provision punishable under this paragraph commits a

19  misdemeanor of the first degree, punishable as provided in s.

20  775.082 or s. 775.083.

21         (b)  Any person who knowingly and willfully makes two

22  or more contributions in violation of subsection (1) or

23  subsection (5) commits a felony of the third degree,

24  punishable as provided in s. 775.082, s. 775.083, or s.

25  775.084.  If any corporation, partnership, or other business

26  entity or any political party, political committee, or

27  committee of continuous existence is convicted of knowingly

28  and willfully violating any provision punishable under this

29  paragraph, it shall be fined not less than $10,000 and not

30  more than $50,000.  If it is a domestic entity, it may be

31  ordered dissolved by a court of competent jurisdiction; if it

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    Florida Senate - 2004                                  SB 1730
    32-1191-04




 1  is a foreign or nonresident business entity, its right to do

 2  business in this state may be forfeited.  Any officer,

 3  partner, agent, attorney, or other representative of a

 4  corporation, partnership, or other business entity, or of a

 5  political committee, committee of continuous existence, or

 6  political party who aids, abets, advises, or participates in a

 7  violation of any provision punishable under this paragraph

 8  commits a felony of the third degree, punishable as provided

 9  in s. 775.082, s. 775.083, or s. 775.084.

10         Section 2.  This act shall take effect July 1, 2004.

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13                          SENATE SUMMARY

14    Prohibits a person, political committee, or committee of
      continuous existence from making contributions in excess
15    of $500 to any political committee that is seeking
      signatures of registered voters in support of a
16    constitutional amendment proposed by initiative. Provides
      penalties. (See bill for details.)
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