Amendment

Bill No. 1793

Amendment No. 708065

CHAMBER ACTION
Senate		House
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1	Representative Harrington offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act shall be known by the popular name the
6	"Florida Advertising Campaign Exposure Act."
7	Section 2.  Subsections (7) through (38) are renumbered as
8	subsections (8) through (39), respectively, and a new subsection
9	(8) is added to said section to read:
10	97.021  Definitions.--For the purposes of this code, except
11	where the context clearly indicates otherwise, the term:
12	(7)  "Early voting" means casting a ballot prior to
13	election day at a location designated by the supervisor of
14	elections and depositing the voted ballot in the tabulation
15	system.
16	Section 3.  Paragraphs (b) and (c) of subsection (4) of
17	section 101.015, Florida Statutes, are amended to read:
18	101.015  Standards for voting systems.--
19	(4)
20	(b)  Each supervisor of elections shall establish written
21	procedures to assure accuracy and security in his or her county,
22	including procedures related to early voting pursuant to s.
23	101.657. and Such procedures shall be reviewed in each odd-
24	numbered year by the Department of State.
25	(c)  Each supervisor of elections shall submit any
26	revisions to the security procedures to the Department of State
27	at least 45 days before early voting commences pursuant to s.
28	101.657 in an the first election in which they are to take
29	effect.
30	Section 4.  Subsection (2) of section 101.5612, Florida
31	Statutes, is amended to read:
32	101.5612  Testing of tabulating equipment.--
33	(2)  On any day not more than 10 days prior to the
34	commencement of early voting as provided in s. 101.657 election
35	day, the supervisor of elections shall have the automatic
36	tabulating equipment publicly tested to ascertain that the
37	equipment will correctly count the votes cast for all offices
38	and on all measures. Public notice of the time and place of the
39	test shall be given at least 48 hours prior thereto by
40	publication once in one or more newspapers of general
41	circulation in the county or, if there is no newspaper of
42	general circulation in the county, by posting the such notice in
43	at least four conspicuous places in the county. The supervisor
44	or the municipal elections official may, at the time of
45	qualifying, give written notice of the time and location of the
46	such public preelection test to each candidate qualifying with
47	that office and obtain a signed receipt that the such notice has
48	been given. The Department of State shall give written notice to
49	each statewide candidate at the time of qualifying, or
50	immediately at the end of qualifying, that the voting equipment
51	will be tested and advise each such candidate to contact the
52	county supervisor of elections as to the time and location of
53	the public preelection test. The supervisor or the municipal
54	elections official shall, at least 15 days prior to the
55	commencement of early voting as provided in s. 101.657 an
56	election, send written notice by certified mail to the county
57	party chair of each political party and to all candidates for
58	other than statewide office whose names appear on the ballot in
59	the county and who did not receive written notification from the
60	supervisor or municipal elections official at the time of
61	qualifying, stating the time and location of the public
62	preelection test of the automatic tabulating equipment. The
63	canvassing board shall convene, and each member of the
64	canvassing board shall certify to the accuracy of the test. For
65	the test, the canvassing board may designate one member to
66	represent it. The test shall be open to representatives of the
67	political parties, the press, and the public. Each political
68	party may designate one person with expertise in the computer
69	field who shall be allowed in the central counting room when all
70	tests are being conducted and when the official votes are being
71	counted. The Such designee shall not interfere with the normal
72	operation of the canvassing board.
73	Section 5.  Section 101.5613, Florida Statutes, is amended
74	to read:
75	101.5613  Examination of equipment during voting.--A member
76	of the election board or, for purposes of early voting pursuant
77	to s. 101.657, a representative of the supervisor of elections,
78	shall occasionally examine the face of the voting device and the
79	ballot information to determine that the device and the ballot
80	information have not been damaged or tampered with.
81	Section 6.  Section 101.657, Florida Statutes, is amended
82	to read:
83	101.657  Early voting absentee ballots in person.--
84	(1)  Any qualified and registered elector may pick up and
85	vote an absentee ballot in person at the office of, and under
86	the supervision of, the supervisor of elections. Before
87	receiving the ballot, the elector must present a current and
88	valid picture identification as provided in s. 97.0535(3)(a). If
89	the elector fails to furnish the required identification, or if
90	the supervisor is in doubt as to the identity of the elector,
91	the supervisor must follow the procedure prescribed in s.
92	101.49. If the elector who fails to furnish the required
93	identification is a first-time voter who registered by mail and
94	has not provided the required identification to the supervisor
95	of elections prior to voting, the elector shall be allowed to
96	vote a provisional ballot. The canvassing board shall compare
97	the signature on the provisional ballot envelope with the
98	signature on the voter's registration and, if the signatures
99	match, shall count the ballot.
100	(1)(a)(2)  As an alternative to the provisions of ss.
101	101.64 and 101.65, The supervisor of elections shall may allow
102	an elector to vote early cast an absentee ballot in the main or
103	branch office of the supervisor by depositing the voted ballot
104	in a voting device used by the supervisor to collect or tabulate
105	ballots. In order for a branch office to be used for early
106	voting, it shall be a full-service facility of the supervisor
107	and shall have been designated as such at least 1 year prior to
108	the election. The supervisor may designate any city hall or
109	public library as an early voting site; however, if so
110	designated, the site must be geographically located so as to
111	provide all voters in the county an equal opportunity to cast a
112	ballot, insofar as is practicable. The results or tabulation may
113	not be made before the close of the polls on election day.
114	(b)  Early voting shall begin on the 15th day before an
115	election and end on the day before an election. For purposes of
116	a special election held pursuant to s. 100.101, early voting
117	shall begin on the 8th day before an election and end on the day
118	before an election. Early voting shall be provided for at least
119	8 hours per weekday during the applicable periods.
120	(2)(a)  The elector must provide identification as required
121	in subsection (1) and must complete an Early Voting In-Office
122	Voter Certificate in substantially the following form:
123
124	EARLY VOTING IN-OFFICE VOTER CERTIFICATE
125
126	I, _____, am a qualified elector in this election and registered
127	voter of _____ County, Florida. I do solemnly swear or affirm
128	that I am the person so listed on the voter registration rolls
129	of _____ County and that I reside at the listed address. I
130	understand that if I commit or attempt to commit fraud in
131	connection with voting, vote a fraudulent ballot, or vote more
132	than once in an election I could be convicted of a felony of the
133	third degree and both fined up to $5,000 and imprisoned for up
134	to 5 years. I understand that my failure to sign this
135	certificate and have my signature witnessed invalidates my
136	ballot.
137
138
139	...  (Voter's Signature)  ...
140
141	...  (Address)  ...
142
143	...  (City/State)  ...
144
145	...  (Name of Witness)  ...
146
147	...  (Signature of Witness)  ...
148
149	...  (Type of identification provided)  ...
150
151	(b)  Any elector may challenge an elector seeking to vote
152	early cast an absentee ballot under the provisions of s.
153	101.111. Any challenged voter ballot must vote be placed in a
154	provisional regular absentee ballot envelope. The canvassing
155	board shall review the ballot and decide the validity of the
156	ballot by majority vote.
157	(c)  The canvass of returns for ballots cast under this
158	subsection shall be substantially the same as votes cast by
159	electors in precincts, as provided in s. 101.5614.
160	Section 7.  Section 106.011, Florida Statutes, is amended
161	to read:
162	106.011  Definitions.--As used in this chapter, the
163	following terms have the following meanings unless the context
164	clearly indicates otherwise:
165	(1)(a)  "Political committee" means:
166	1.  A combination of two or more individuals, or a person
167	other than an individual, that, in an aggregate amount in excess
168	of $500 during a single calendar year:
169	a.  Accepts contributions for the purpose of making
170	contributions to any candidate, political committee, committee
171	of continuous existence, or political party;
172	b.  Accepts contributions for the purpose of expressly
173	advocating the election or defeat of a candidate or the passage
174	or defeat of an issue;
175	c.  Makes expenditures that expressly advocate the election
176	or defeat of a candidate or the passage or defeat of an issue;
177	or
178	d.  Makes contributions to a common fund, other than a
179	joint checking account between spouses, from which contributions
180	are made to any candidate, political committee, committee of
181	continuous existence, or political party;.
182	2.  The sponsor of a proposed constitutional amendment by
183	initiative who intends to seek the signatures of registered
184	electors.
185	(b)  Notwithstanding paragraph (a), the following entities
186	are not considered political committees for purposes of this
187	chapter:
188	1.  Organizations which are certified by the Department of
189	State as committees of continuous existence pursuant to s.
190	106.04, national political parties, and the state and county
191	executive committees of political parties regulated by chapter
192	103.
193	2.  Corporations regulated by chapter 607 or chapter 617 or
194	other business entities formed for purposes other than to
195	support or oppose issues or candidates, if their political
196	activities are limited to contributions to candidates, political
197	parties, or political committees or expenditures in support of
198	or opposition to an issue from corporate or business funds and
199	if no contributions are received by such corporations or
200	business entities.
201	3.  Organizations whose activities are limited to making
202	expenditures for electioneering communications or accepting
203	contributions for the purpose of making electioneering
204	communications; however, such organizations shall be required to
205	register and report contributions, including those received from
206	committees of continuous existence, and expenditures in the same
207	manner, at the same time, subject to the same penalties, and
208	with the same filing officer as a political committee supporting
209	or opposing a candidate or issue contained in the electioneering
210	communication. If any such organization would be required to
211	register and report with more than one filing officer, the
212	organization shall register and report solely with the Division
213	of Elections.
214	(2)  "Committee of continuous existence" means any group,
215	organization, association, or other such entity which is
216	certified pursuant to the provisions of s. 106.04.
217	(3)  "Contribution" means:
218	(a)  A gift, subscription, conveyance, deposit, loan,
219	payment, or distribution of money or anything of value,
220	including contributions in kind having an attributable monetary
221	value in any form, made for the purpose of influencing the
222	results of an election or making an electioneering
223	communication.
224	(b)  A transfer of funds between political committees,
225	between committees of continuous existence, or between a
226	political committee and a committee of continuous existence.
227	(c)  The payment, by any person other than a candidate or
228	political committee, of compensation for the personal services
229	of another person which are rendered to a candidate or political
230	committee without charge to the candidate or committee for such
231	services.
232	(d)  The transfer of funds by a campaign treasurer or
233	deputy campaign treasurer between a primary depository and a
234	separate interest-bearing account or certificate of deposit, and
235	the term includes any interest earned on such account or
236	certificate.
237
238	Notwithstanding the foregoing meanings of "contribution," the
239	word shall not be construed to include services, including, but
240	not limited to, legal and accounting services, provided without
241	compensation by individuals volunteering a portion or all of
242	their time on behalf of a candidate or political committee.
243	This definition shall not be construed to include editorial
244	endorsements.
245	(4)(a)  "Expenditure" means a purchase, payment,
246	distribution, loan, advance, transfer of funds by a campaign
247	treasurer or deputy campaign treasurer between a primary
248	depository and a separate interest-bearing account or
249	certificate of deposit, or gift of money or anything of value
250	made for the purpose of influencing the results of an election
251	or making an electioneering communication. However,
252	"expenditure" does not include a purchase, payment,
253	distribution, loan, advance, or gift of money or anything of
254	value made for the purpose of influencing the results of an
255	election when made by an organization, in existence prior to the
256	time during which a candidate qualifies or an issue is placed on
257	the ballot for that election, for the purpose of printing or
258	distributing such organization's newsletter, containing a
259	statement by such organization in support of or opposition to a
260	candidate or issue, which newsletter is distributed only to
261	members of such organization.
262	(b)  As used in this chapter, an "expenditure" for an
263	electioneering communication is made when the earliest of the
264	following occurs:
265	1.  A person executes a contract for applicable goods or
266	services;
267	2.  A person makes payment, in whole or in part, for
268	applicable goods or services; or
269	3.  The electioneering communication is publicly
270	disseminated.
271	(5)(a)  "Independent expenditure" means an expenditure by a
272	person for the purpose of expressly advocating the election or
273	defeat of a candidate or the approval or rejection of an issue,
274	which expenditure is not controlled by, coordinated with, or
275	made upon consultation with, any candidate, political committee,
276	or agent of such candidate or committee.  An expenditure for
277	such purpose by a person having a contract with the candidate,
278	political committee, or agent of such candidate or committee in
279	a given election period shall not be deemed an independent
280	expenditure.
281	(b)  An expenditure for the purpose of expressly advocating
282	the election or defeat of a candidate which is made by the
283	national, state, or county executive committee of a political
284	party, including any subordinate committee of a national, state,
285	or county committee of a political party, or by any political
286	committee or committee of continuous existence, or any other
287	person, shall not be considered an independent expenditure if
288	the committee or person:
289	1.  Communicates with the candidate, the candidate's
290	campaign, or an agent of the candidate acting on behalf of the
291	candidate, including any pollster, media consultant, advertising
292	agency, vendor, advisor, or staff member, concerning the
293	preparation of, use of, or payment for, the specific expenditure
294	or advertising campaign at issue; or
295	2.  Makes a payment in cooperation, consultation, or
296	concert with, at the request or suggestion of, or pursuant to
297	any general or particular understanding with the candidate, the
298	candidate's campaign, a political committee supporting the
299	candidate, or an agent of the candidate relating to the specific
300	expenditure or advertising campaign at issue; or
301	3.  Makes a payment for the dissemination, distribution, or
302	republication, in whole or in part, of any broadcast or any
303	written, graphic, or other form of campaign material prepared by
304	the candidate, the candidate's campaign, or an agent of the
305	candidate, including any pollster, media consultant, advertising
306	agency, vendor, advisor, or staff member; or
307	4.  Makes a payment based on information about the
308	candidate's plans, projects, or needs communicated to a member
309	of the committee or person by the candidate or an agent of the
310	candidate, provided the committee or person uses the information
311	in any way, in whole or in part, either directly or indirectly,
312	to design, prepare, or pay for the specific expenditure or
313	advertising campaign at issue; or
314	5.  After the last day of qualifying for statewide or
315	legislative office, consults about the candidate's plans,
316	projects, or needs in connection with the candidate's pursuit of
317	election to office and the information is used in any way to
318	plan, create, design, or prepare an independent expenditure or
319	advertising campaign, with:
320	a.  Any officer, director, employee, or agent of a
321	national, state, or county executive committee of a political
322	party that has made or intends to make expenditures in
323	connection with or contributions to the candidate; or
324	b.  Any person whose professional services have been
325	retained by a national, state, or county executive committee of
326	a political party that has made or intends to make expenditures
327	in connection with or contributions to the candidate; or
328	6.  After the last day of qualifying for statewide or
329	legislative office, retains the professional services of any
330	person also providing those services to the candidate in
331	connection with the candidate's pursuit of election to office;
332	or
333	7.  Arranges, coordinates, or directs the expenditure, in
334	any way, with the candidate or an agent of the candidate.
335	(6)  "Election" means any primary election, special primary
336	election, general election, special election, or municipal
337	election held in this state for the purpose of nominating or
338	electing candidates to public office, choosing delegates to the
339	national nominating conventions of political parties, or
340	submitting an issue to the electors for their approval or
341	rejection.
342	(7)  "Issue" means any proposition which is required by the
343	State Constitution, by law or resolution of the Legislature, or
344	by the charter, ordinance, or resolution of any political
345	subdivision of this state to be submitted to the electors for
346	their approval or rejection at an election, or any proposition
347	for which a petition is circulated in order to have such
348	proposition placed on the ballot at any election.
349	(8)  "Person" means an individual or a corporation,
350	association, firm, partnership, joint venture, joint stock
351	company, club, organization, estate, trust, business trust,
352	syndicate, or other combination of individuals having collective
353	capacity. The term includes a political party, political
354	committee, or committee of continuous existence.
355	(9)  "Campaign treasurer" means an individual appointed by
356	a candidate or political committee as provided in this chapter.
357	(10)  "Public office" means any state, county, municipal,
358	or school or other district office or position which is filled
359	by vote of the electors.
360	(11)  "Campaign fund raiser" means any affair held to raise
361	funds to be used in a campaign for public office.
362	(12)  "Division" means the Division of Elections of the
363	Department of State.
364	(13)  "Communications media" means broadcasting stations,
365	newspapers, magazines, outdoor advertising facilities, printers,
366	direct mailing companies, advertising agencies, the Internet,
367	and telephone companies; but with respect to telephones, an
368	expenditure shall be deemed to be an expenditure for the use of
369	communications media only if made for the costs of telephones,
370	paid telephonists, or automatic telephone equipment to be used
371	by a candidate or a political committee to communicate with
372	potential voters but excluding any costs of telephones incurred
373	by a volunteer for use of telephones by such volunteer; however,
374	with respect to the Internet, an expenditure shall be deemed an
375	expenditure for use of communications media only if made for the
376	cost of creating or disseminating a message on a computer
377	information system accessible by more than one person but
378	excluding internal communications of a campaign or of any group.
379	(14)  "Filing officer" means the person before whom a
380	candidate qualifies, the agency or officer with whom a political
381	committee registers, or the agency by whom a committee of
382	continuous existence is certified.
383	(15)  "Unopposed candidate" means a candidate for
384	nomination or election to an office who, after the last day on
385	which any person, including a write-in candidate, may qualify,
386	is without opposition in the election at which the office is to
387	be filled or who is without such opposition after such date as a
388	result of any primary election or of withdrawal by other
389	candidates seeking the same office.  A candidate is not an
390	unopposed candidate if there is a vacancy to be filled under s.
391	100.111(4), if there is a legal proceeding pending regarding the
392	right to a ballot position for the office sought by the
393	candidate, or if the candidate is seeking retention as a justice
394	or judge.
395	(16)  "Candidate" means any person to whom any one or more
396	of the following apply:
397	(a)  Any person who seeks to qualify for nomination or
398	election by means of the petitioning process.
399	(b)  Any person who seeks to qualify for election as a
400	write-in candidate.
401	(c)  Any person who receives contributions or makes
402	expenditures, or consents for any other person to receive
403	contributions or make expenditures, with a view to bring about
404	his or her nomination or election to, or retention in, public
405	office.
406	(d)  Any person who appoints a treasurer and designates a
407	primary depository.
408	(e)  Any person who files qualification papers and
409	subscribes to a candidate's oath as required by law.
410
411	However, this definition does not include any candidate for a
412	political party executive committee.
413	(17)  "Political advertisement" means a paid expression in
414	any communications media prescribed in subsection (13), whether
415	radio, television, newspaper, magazine, periodical, campaign
416	literature, direct mail, or display or by means other than the
417	spoken word in direct conversation, which expressly advocates
418	the election or defeat of a candidate or the approval or
419	rejection of an issue shall support or oppose any candidate,
420	elected public official, or issue. However, political
421	advertisement does not include:
422	(a)  A statement by an organization, in existence prior to
423	the time during which a candidate qualifies or an issue is
424	placed on the ballot for that election, in support of or
425	opposition to a candidate or issue, in that organization's
426	newsletter, which newsletter is distributed only to the members
427	of that organization.
428	(b)  Editorial endorsements by any newspaper, radio or
429	television station, or other recognized news medium.
430	(18)(a)  "Electioneering communication" means a paid
431	expression in any communications media prescribed in subsection
432	(13) by means other than the spoken word in direct conversation
433	that:
434	1.  Refers to or depicts a clearly identified candidate for
435	office or contains a clear reference indicating that an issue is
436	to be voted on at an election, without expressly advocating the
437	election or defeat of a candidate or the passage or defeat of an
438	issue.
439	2.  For communications referring to or depicting a clearly
440	identified candidate for office, is targeted to the relevant
441	electorate. A communication is considered targeted if 1,000 or
442	more persons in the geographic area the candidate would
443	represent if elected will receive the communication.
444	3.  For communications referring to or depicting a clearly
445	identified candidate for office, is published after the end of
446	the candidate qualifying period for the office sought by the
447	candidate.
448	4.  For communications containing a clear reference
449	indicating that an issue is to be voted on at an election, is
450	published after the issue is designated a ballot position or 120
451	days before the date of the election on the issue, whichever
452	occurs first.
453	(b)  The term "electioneering communication" does not
454	include:
455	1.  A statement or depiction by an organization, in
456	existence prior to the time during which a candidate named or
457	depicted qualifies or an issue identified is placed on the
458	ballot for that election, made in that organization's
459	newsletter, which newsletter is distributed only to members of
460	that organization.
461	2.  An editorial endorsement, news story, commentary, or
462	editorial by any newspaper, radio, television station, or other
463	recognized news medium.
464	3.  A communication that constitutes a public debate or
465	forum that includes at least two opposing candidates for an
466	office or one advocate and one opponent of an issue, or that
467	solely promotes such a debate or forum and is made by or on
468	behalf of the person sponsoring the debate or forum, provided
469	that:
470	a.  The staging organization is either:
471	(I)  A charitable organization that does not make other
472	electioneering communications and does not otherwise support or
473	oppose any political candidate or political party; or
474	(II)  A newspaper, radio station, television station, or
475	other recognized news medium; and
476	b.  The staging organization does not structure the debate
477	to promote or advance one candidate or issue position over
478	another.
479	(c)  For purposes of this chapter, an expenditure made for,
480	or in furtherance of, an electioneering communication shall not
481	be considered a contribution to or on behalf of any candidate.
482	(d)  For purposes of this chapter, an electioneering
483	communication shall not constitute an independent expenditure
484	nor be subject to the limitations applicable to independent
485	expenditures.
486	Section 8.  Effective July 1, 2004, and operating
487	retroactively to January 1, 2002, subsection (3) of section
488	106.021, Florida Statutes, is amended to read:
489	106.021  Campaign treasurers; deputies; primary and
490	secondary depositories.--
491	(3)  Except for independent expenditures, No contribution
492	or expenditure, including contributions or expenditures of a
493	candidate or of the candidate's family, shall be directly or
494	indirectly made or received in furtherance of the candidacy of
495	any person for nomination or election to political office in the
496	state or on behalf of any political committee except through the
497	duly appointed campaign treasurer of the candidate or political
498	committee, subject to the following exceptions:; however,
499	(a)  Independent expenditures;
500	(b)  Reimbursements to a candidate or any other individual
501	may be reimbursed for expenses incurred in connection with the
502	campaign or activities of the political committee for travel,
503	food and beverage, office supplies, and mementos expressing
504	gratitude to campaign supporters by a check drawn upon the
505	campaign account and reported pursuant to s. 106.07(4). After
506	July 1, 2004, the full name and address of each person to whom
507	the candidate or other individual made payment for which
508	reimbursement was made by check drawn upon the campaign account
509	shall be reported pursuant to s. 106.07(4), together with the
510	purpose of such payment;
511	(c)  Expenditures made indirectly through a treasurer for
512	goods or services, such as communications media placement or
513	procurement services, campaign signs, insurance, or other
514	expenditures that include multiple integral components as part
515	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
516	or
517	(d)  In addition, Expenditures may be made directly by any
518	political committee or political party regulated by chapter 103
519	for obtaining time, space, or services in or by any
520	communications medium for the purpose of jointly endorsing three
521	or more candidates, and any such expenditure shall not be
522	considered a contribution or expenditure to or on behalf of any
523	such candidates for the purposes of this chapter.
524	Section 9.  Section 106.023, Florida Statutes, is amended
525	to read:
526	106.023  Statement of candidate.--
527	(1)  Each candidate must file a statement with the
528	qualifying officer within 10 days after filing the appointment
529	of campaign treasurer and designation of campaign depository,
530	stating that the candidate has read and understands the
531	requirements of this chapter. Such statement shall be provided
532	by the filing officer and shall be in substantially the
533	following form:
534	STATEMENT OF CANDIDATE
535
536	I, ____, candidate for the office of ____, have received,
537	read, and understand the requirements of Chapter 106, Florida
538	Statutes.
539
540	. . . (Signature of candidate) . . .   . . . (Date) . . .
541
542	Willful failure to file this form is a violation of ss.
543	106.19(1)(c) and 106.25(3), F.S.
544	(2)  The execution and filing of the statement of candidate
545	does not in and of itself create a presumption that any
546	violation of this chapter or chapter 104 is a willful violation
547	as defined in s. 106.37.
548	Section 10.  Subsections (4) and (5) and paragraph (a) of
549	subsection (8) of section 106.04, Florida Statutes, are amended
550	to read:
551	106.04  Committees of continuous existence.--
552	(4)(a)  Each committee of continuous existence shall file
553	an annual report with the Division of Elections during the month
554	of January.  Such annual reports shall contain the same
555	information and shall be accompanied by the same materials as
556	original applications filed pursuant to subsection (2). However,
557	the charter or bylaws need not be filed if the annual report is
558	accompanied by a sworn statement by the chair that no changes
559	have been made to such charter or bylaws since the last filing.
560	(b)1.  Each committee of continuous existence shall file
561	regular reports with the Division of Elections at the same times
562	and subject to the same filing conditions as are established by
563	s. 106.07(1) and (2) for candidates' reports.
564	2.  Any committee of continuous existence failing to so
565	file a report with the Division of Elections pursuant to this
566	paragraph on the designated due date shall be subject to a fine
567	for late filing as provided by this section.
568	(c)  All committees of continuous existence shall file the
569	original and one copy of their reports with the Division of
570	Elections.  In addition, a duplicate copy of each report shall
571	be filed with the supervisor of elections in the county in which
572	the committee maintains its books and records, except that if
573	the filing officer to whom the committee is required to report
574	is located in the same county as the supervisor no such
575	duplicate report is required to be filed with the supervisor.
576	Reports shall be on forms provided by the division and shall
577	contain the following information:
578	1.  The full name, address, and occupation of each person
579	who has made one or more contributions, including contributions
580	that represent the payment of membership dues, to the committee
581	during the reporting period, together with the amounts and dates
582	of such contributions. For corporations, the report must provide
583	as clear a description as practicable of the principal type of
584	business conducted by the corporation. However, if the
585	contribution is $100 or less, the occupation of the contributor
586	or principal type of business need not be listed. However, for
587	any contributions that which represent the payment of dues by
588	members in a fixed amount aggregating no more than $250 per
589	calendar year, pursuant to the schedule on file with the
590	Division of Elections, only the aggregate amount of such
591	contributions need be listed, together with the number of
592	members paying such dues and the amount of the membership dues.
593	2.  The name and address of each political committee or
594	committee of continuous existence from which the reporting
595	committee received, or the name and address of each political
596	committee, committee of continuous existence, or political party
597	to which it made, any transfer of funds, together with the
598	amounts and dates of all transfers.
599	3.  Any other receipt of funds not listed pursuant to
600	subparagraph 1. or subparagraph 2., including the sources and
601	amounts of all such funds.
602	4.  The name and address of, and office sought by, each
603	candidate to whom the committee has made a contribution during
604	the reporting period, together with the amount and date of each
605	contribution.
606	5.  The full name and address of each person to whom
607	expenditures have been made by or on behalf of the committee
608	within the reporting period; the amount, date, and purpose of
609	each such expenditure; and the name and address, and office
610	sought by, each candidate on whose behalf such expenditure was
611	made.
612	6.  The total sum of expenditures made by the committee
613	during the reporting period.
614	(d)  The treasurer of each committee shall certify as to
615	the correctness of each report and shall bear the responsibility
616	for its accuracy and veracity.  Any treasurer who willfully
617	certifies to the correctness of a report while knowing that such
618	report is incorrect, false, or incomplete commits a misdemeanor
619	of the first degree, punishable as provided in s. 775.082 or s.
620	775.083.
621	(5)  No committee of continuous existence shall make an
622	electioneering communication, contribute to any candidate or
623	political committee an amount in excess of the limits contained
624	in s. 106.08(1), or participate in any other activity which is
625	prohibited by this chapter. If any violation occurs, it shall be
626	punishable as provided in this chapter for the given offense.
627	No funds of a committee of continuous existence shall be
628	expended on behalf of a candidate, except by means of a
629	contribution made through the duly appointed campaign treasurer
630	of a candidate.  No such committee shall make expenditures in
631	support of, or in opposition to, an issue unless such committee
632	first registers as a political committee pursuant to this
633	chapter and undertakes all the practices and procedures required
634	thereof; provided such committee may make contributions in a
635	total amount not to exceed 25 percent of its aggregate income,
636	as reflected in the annual report filed for the previous year,
637	to one or more political committees registered pursuant to s.
638	106.03 and formed to support or oppose issues.
639	(8)(a)  Any committee of continuous existence failing to
640	file a report on the designated due date shall be subject to a
641	fine. The fine shall be $50 per day for the first 3 days late
642	and, thereafter, $500 per day for each late day, not to exceed
643	25 percent of the total receipts or expenditures, whichever is
644	greater, for the period covered by the late report. The fine
645	shall be assessed by the filing officer, and the moneys
646	collected shall be deposited in the General Revenue Elections
647	Commission Trust Fund. No separate fine shall be assessed for
648	failure to file a copy of any report required by this section.
649	Section 11.  Paragraph (a) of subsection (2), paragraph (a)
650	of subsection (4), and paragraphs (a), (c), and (d) of
651	subsection (8) of section 106.07, Florida Statutes, are amended
652	to read:
653	106.07  Reports; certification and filing.--
654	(2)(a)  All reports required of a candidate by this section
655	shall be filed with the officer before whom the candidate is
656	required by law to qualify. All candidates who file with the
657	Department of State shall file the original and one copy of
658	their reports. In addition, a copy of each report for candidates
659	for other than statewide office who qualify with the Department
660	of State shall be filed with the supervisor of elections in the
661	county where the candidate resides. Reports shall be filed not
662	later than 5 p.m. of the day designated; however, any report
663	postmarked by the United States Postal Service no later than
664	midnight of the day designated shall be deemed to have been
665	filed in a timely manner. Any report received by the filing
666	officer within 5 days after the designated due date that was
667	delivered by the United States Postal Service shall be deemed
668	timely filed unless it has a postmark that indicates that the
669	report was mailed after the designated due date. A certificate
670	of mailing obtained from and dated by the United States Postal
671	Service at the time of mailing, or a receipt from an established
672	courier company, which bears a date on or before the date on
673	which the report is due, shall be proof of mailing in a timely
674	manner. Reports shall contain information of all previously
675	unreported contributions received and expenditures made as of
676	the preceding Friday, except that the report filed on the Friday
677	immediately preceding the election shall contain information of
678	all previously unreported contributions received and
679	expenditures made as of the day preceding that designated due
680	date. All such reports shall be open to public inspection.
681	(4)(a)  Each report required by this section shall contain:
682	1.  The full name, address, and occupation, if any of each
683	person who has made one or more contributions to or for such
684	committee or candidate within the reporting period, together
685	with the amount and date of such contributions. For
686	corporations, the report must provide as clear a description as
687	practicable of the principal type of business conducted by the
688	corporation. However, if the contribution is $100 or less or is
689	from a relative, as defined in s. 112.312, provided that the
690	relationship is reported, the occupation of the contributor or
691	the principal type of business need not be listed.
692	2.  The name and address of each political committee from
693	which the reporting committee or the candidate received, or to
694	which the reporting committee or candidate made, any transfer of
695	funds, together with the amounts and dates of all transfers.
696	3.  Each loan for campaign purposes to or from any person
697	or political committee within the reporting period, together
698	with the full names, addresses, and occupations, and principal
699	places of business, if any, of the lender and endorsers, if any,
700	and the date and amount of such loans.
701	4.  A statement of each contribution, rebate, refund, or
702	other receipt not otherwise listed under subparagraphs 1.
703	through 3.
704	5.  The total sums of all loans, in-kind contributions, and
705	other receipts by or for such committee or candidate during the
706	reporting period. The reporting forms shall be designed to
707	elicit separate totals for in-kind contributions, loans, and
708	other receipts.
709	6.  The full name and address of each person to whom
710	expenditures have been made by or on behalf of the committee or
711	candidate within the reporting period; the amount, date, and
712	purpose of each such expenditure; and the name and address of,
713	and office sought by, each candidate on whose behalf such
714	expenditure was made. However, expenditures made from the petty
715	cash fund provided by s. 106.12 need not be reported
716	individually.
717	7.  The full name and address of each person to whom an
718	expenditure for personal services, salary, or reimbursement for
719	authorized expenses as provided in s. 106.021(3) has been made
720	and which is not otherwise reported, including the amount, date,
721	and purpose of such expenditure. However, expenditures made from
722	the petty cash fund provided for in s. 106.12 need not be
723	reported individually.
724	8.  The total amount withdrawn and the total amount spent
725	for petty cash purposes pursuant to this chapter during the
726	reporting period.
727	9.  The total sum of expenditures made by such committee or
728	candidate during the reporting period.
729	10.  The amount and nature of debts and obligations owed by
730	or to the committee or candidate, which relate to the conduct of
731	any political campaign.
732	11.  A copy of each credit card statement which shall be
733	included in the next report following receipt thereof by the
734	candidate or political committee. Receipts for each credit card
735	purchase shall be retained by the treasurer with the records for
736	the campaign account.
737	12.  The amount and nature of any separate interest-bearing
738	accounts or certificates of deposit and identification of the
739	financial institution in which such accounts or certificates of
740	deposit are located.
741	13.  The primary purposes of an expenditure made indirectly
742	through a campaign treasurer pursuant to s. 106.021(3) for goods
743	and services such as communications media placement or
744	procurement services, campaign signs, insurance, and other
745	expenditures that include multiple components as part of the
746	expenditure. The primary purpose of an expenditure shall be that
747	purpose, including integral and directly related components,
748	that comprises 80 percent of such expenditure.
749	(8)(a)  Any candidate or political committee failing to
750	file a report on the designated due date shall be subject to a
751	fine as provided in paragraph (b) for each late day, and, in the
752	case of a candidate, such fine shall be paid only from personal
753	funds of the candidate. The fine shall be assessed by the filing
754	officer and the moneys collected shall be deposited:
755	1.  In the General Revenue Elections Commission Trust Fund,
756	in the case of a candidate for state office or a political
757	committee that registers with the Division of Elections; or
758	2.  In the general revenue fund of the political
759	subdivision, in the case of a candidate for an office of a
760	political subdivision or a political committee that registers
761	with an officer of a political subdivision.
762
763	No separate fine shall be assessed for failure to file a copy of
764	any report required by this section.
765	(c)  Any candidate or chair of a political committee may
766	appeal or dispute the fine, based upon, but not limited to,
767	unusual circumstances surrounding the failure to file on the
768	designated due date, and may request and shall be entitled to a
769	hearing before the Florida Elections Commission, which shall
770	have the authority to waive the fine in whole or in part. The
771	Florida Elections Commission must consider the mitigating and
772	aggravating circumstances contained in s. 106.265(1) when
773	determining the amount of a fine, if any, to be waived. Any such
774	request shall be made within 20 days after receipt of the notice
775	of payment due. In such case, the candidate or chair of the
776	political committee shall, within the 20-day period, notify the
777	filing officer in writing of his or her intention to bring the
778	matter before the commission.
779	(d)  The appropriate filing officer shall notify the
780	Florida Elections Commission of the repeated late filing by a
781	candidate or political committee, the failure of a candidate or
782	political committee to file a report after notice, or the
783	failure to pay the fine imposed. The commission shall
784	investigate only those alleged late filing violations
785	specifically identified by the filing officer and as set forth
786	in the notification. Any other alleged violations must be
787	separately stated and reported by the division to the commission
788	under s. 106.25(2).
789	Section 12.  Effective January 1, 2005, paragraph (a) of
790	subsection (2) of section 106.07, Florida Statutes, as amended
791	by this act, and paragraph (b) of subsection (2), subsection
792	(3), and paragraph (b) of subsection (8) of said section, are
793	amended to read:
794	106.07  Reports; certification and filing.--
795	(2)(a)  All reports required of a candidate by this section
796	shall be filed with the officer before whom the candidate is
797	required by law to qualify. All candidates who file with the
798	Department of State shall file the original and one copy of
799	their reports pursuant to s. 106.0705. In addition, a copy of
800	each report for candidates for other than statewide office who
801	qualify with the Department of State shall be filed with the
802	supervisor of elections in the county where the candidate
803	resides. Except as provided in s. 106.0705, reports shall be
804	filed not later than 5 p.m. of the day designated; however, any
805	report postmarked by the United States Postal Service no later
806	than midnight of the day designated shall be deemed to have been
807	filed in a timely manner. Any report received by the filing
808	officer within 5 days after the designated due date that was
809	delivered by the United States Postal Service shall be deemed
810	timely filed unless it has a postmark that indicates that the
811	report was mailed after the designated due date. A certificate
812	of mailing obtained from and dated by the United States Postal
813	Service at the time of mailing, or a receipt from an established
814	courier company, which bears a date on or before the date on
815	which the report is due, shall be proof of mailing in a timely
816	manner. Reports shall contain information of all previously
817	unreported contributions received and expenditures made as of
818	the preceding Friday, except that the report filed on the Friday
819	immediately preceding the election shall contain information of
820	all previously unreported contributions received and
821	expenditures made as of the day preceding that designated due
822	date. All such reports shall be open to public inspection.
823	(b)1.  Any report which is deemed to be incomplete by the
824	officer with whom the candidate qualifies shall be accepted on a
825	conditional basis, and the campaign treasurer shall be notified
826	by registered mail as to why the report is incomplete and be
827	given 3 days from receipt of such notice to file an addendum to
828	the report providing all information necessary to complete the
829	report in compliance with this section. Failure to file a
830	complete report after such notice constitutes a violation of
831	this chapter.
832	2.  In lieu of the notice by registered mail as required in
833	subparagraph 1., the qualifying officer may notify the campaign
834	treasurer by telephone that the report is incomplete and request
835	the information necessary to complete the report. If, however,
836	such information is not received by the qualifying officer
837	within 3 days after of the telephone request therefor, notice
838	shall be sent by registered mail as provided in subparagraph 1.
839	(3)  Reports required of a political committee shall be
840	filed with the agency or officer before whom such committee
841	registers pursuant to s. 106.03(3) and shall be subject to the
842	same filing conditions as established for candidates' reports.
843	Only committees that file with the Department of State shall
844	file the original and one copy of their reports. Incomplete
845	reports by political committees shall be treated in the manner
846	provided for incomplete reports by candidates in subsection (2).
847	(8)
848	(b)  Upon determining that a report is late, the filing
849	officer shall immediately notify the candidate or chair of the
850	political committee as to the failure to file a report by the
851	designated due date and that a fine is being assessed for each
852	late day. The fine shall be $50 per day for the first 3 days
853	late and, thereafter, $500 per day for each late day, not to
854	exceed 25 percent of the total receipts or expenditures,
855	whichever is greater, for the period covered by the late report.
856	However, for the reports immediately preceding each primary and
857	general election, the fine shall be $500 per day for each late
858	day, not to exceed 25 percent of the total receipts or
859	expenditures, whichever is greater, for the period covered by
860	the late report. For reports required under s. 106.141(7), the
861	fine is $50 per day for each late day, not to exceed 25 percent
862	of the total receipts or expenditures, whichever is greater, for
863	the period covered by the late report. Upon receipt of the
864	report, the filing officer shall determine the amount of the
865	fine which is due and shall notify the candidate or chair. The
866	filing officer shall determine the amount of the fine due based
867	upon the earliest of the following:
868	1.  When the report is actually received by such officer.
869	2.  When the report is postmarked.
870	3.  When the certificate of mailing is dated.
871	4.  When the receipt from an established courier company is
872	dated.
873	5.  When the electronic receipt issued pursuant to s.
874	106.0705 is dated.
875
876	Such fine shall be paid to the filing officer within 20 days
877	after receipt of the notice of payment due, unless appeal is
878	made to the Florida Elections Commission pursuant to paragraph
879	(c). In the case of a candidate, such fine shall not be an
880	allowable campaign expenditure and shall be paid only from
881	personal funds of the candidate. An officer or member of a
882	political committee shall not be personally liable for such
883	fine.
884	Section 13.  Effective January 1, 2005, section 106.0705,
885	Florida Statutes, is created to read:
886	106.0705  Electronic filing of campaign treasurer's
887	reports.--
888	(1)  As used in this section, "electronic filing system"
889	means an Internet system for recording and reporting campaign
890	finance activity by reporting period.
891	(2)(a)  Each candidate who is required to file reports
892	pursuant to s. 106.07 with the division must file such reports
893	with the division by means of the division's electronic filing
894	system.
895	(b)  Each political committee, committee of continuous
896	existence, or state executive committee that is required to file
897	reports with the division under s. 106.04, s. 106.07, or s.
898	106.29, as applicable, must file such reports with the division
899	by means of the division's electronic filing system.
900	(c)  Each person or organization that is required to file
901	reports with the division under s. 106.071 must file such
902	reports with the division by means of the division's electronic
903	filing system.
904	(3)  Reports filed pursuant to this section shall be
905	completed and filed through the electronic filing system not
906	later than midnight of the day designated. Reports not filed by
907	midnight of the day designated are late filed and are subject to
908	the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3),
909	as applicable.
910	(4)  Each report filed pursuant to this section is
911	considered to be under oath by the candidate and treasurer or
912	the chair and treasurer, whichever is applicable, and such
913	persons are subject to the provisions of s. 106.04(4)(d), s.
914	106.07(5), or s. 106.29(2), as applicable. Persons given a
915	secure sign-on to the electronic filing system are responsible
916	for protecting such from disclosure and are responsible for all
917	filings using such credentials, unless they have notified the
918	division that their credentials have been compromised.
919	(5)  The electronic filing system developed by the division
920	must:
921	(a)  Be based on access by means of the Internet.
922	(b)  Be accessible by anyone with Internet access using
923	standard web-browsing software.
924	(c)  Provide for direct entry of campaign finance
925	information as well as upload of such information from campaign
926	finance software certified by the division.
927	(d)  Provide a method that prevents unauthorized access to
928	electronic filing system functions.
929	(6)  The division shall adopt rules pursuant to ss.
930	120.536(1) and 120.54 to administer this section and provide for
931	the reports required to be filed pursuant to this section. Such
932	rules shall, at a minimum, provide:
933	(a)  Alternate filing procedures in case the division's
934	electronic filing system is not operable.
935	(b)  For the issuance of an electronic receipt to the
936	person submitting the report indicating and verifying that the
937	report has been filed.
938	Section 14.  Section 106.071, Florida Statutes, is amended
939	to read:
940	106.071  Independent expenditures; electioneering
941	communications; reports; disclaimers.--
942	(1)  Each person who makes an independent expenditure with
943	respect to any candidate or issue, and each individual who makes
944	an expenditure for an electioneering communication which is not
945	otherwise reported pursuant to this chapter, which expenditure,
946	in the aggregate, is in the amount of $100 or more, shall file
947	periodic reports of such expenditures in the same manner, at the
948	same time, subject to the same penalties, and with the same
949	officer as a political committee supporting or opposing such
950	candidate or issue. The report shall contain the full name and
951	address of the person making the expenditure; the full name and
952	address of each person to whom and for whom each such
953	expenditure has been made; the amount, date, and purpose of each
954	such expenditure; a description of the services or goods
955	obtained by each such expenditure; the issue to which the
956	expenditure relates; and the name and address of, and office
957	sought by, each candidate on whose behalf such expenditure was
958	made.
959	(2)  Any political advertisement paid for by an independent
960	expenditure shall prominently state "Paid political
961	advertisement paid for by  . . . (Name and address of person or
962	committee paying for advertisement) . . .  independently of any
963	. . . (candidate or committee) . . . . ," and shall contain the
964	name and address of the person paying for the political
965	advertisement.
966	(3)  Subsection (2) does not apply to novelty items having
967	a retail value of $10 or less which support, but do not oppose,
968	a candidate or issue.
969	(4)(2)  Any person who fails to include the disclaimer
970	prescribed in subsection (2) (1) in any political advertisement
971	that which is required to contain such disclaimer commits is
972	guilty of a misdemeanor of the first degree, punishable as
973	provided in s. 775.082 or s. 775.083.
974	(3)  No person may make a contribution in excess of $1,000
975	to any other person, to be used by such other person to make an
976	independent expenditure.
977	Section 15.  Paragraph (a) of subsection (4) and subsection
978	(6) of section 106.141, Florida Statutes, are amended to read:
979	106.141  Disposition of surplus funds by candidates.--
980	(4)(a)  Except as provided in paragraph (b), any candidate
981	required to dispose of funds pursuant to this section shall, at
982	the option of the candidate, dispose of such funds by any of the
983	following means, or any combination thereof:
984	1.  Return pro rata to each contributor the funds that have
985	not been spent or obligated.
986	2.  Donate the funds that have not been spent or obligated
987	to a charitable organization or organizations that meet the
988	qualifications of s. 501(c)(3) of the Internal Revenue Code.
989	3.  Give not more than $10,000 of the funds that have not
990	been spent or obligated to the political party of which such
991	candidate is a member, except that a candidate for the Florida
992	Senate may give not more than $30,000 of such funds to the
993	political party of which the candidate is a member.
994	4.  Give the funds that have not been spent or obligated:
995	a.  In the case of a candidate for state office, to the
996	state, to be deposited in either the Election Campaign Financing
997	Trust Fund or the General Revenue Fund, as designated by the
998	candidate; or
999	b.  In the case of a candidate for an office of a political
1000	subdivision, to such political subdivision, to be deposited in
1001	the general fund thereof.
1002	(6)  Prior to disposing of funds pursuant to subsection (4)
1003	or transferring funds into an office account pursuant to
1004	subsection (5), any candidate who filed an oath stating that he
1005	or she was unable to pay the election assessment or fee for
1006	verification of petition signatures without imposing an undue
1007	burden on his or her personal resources or on resources
1008	otherwise available to him or her, or who filed both such oaths,
1009	or who qualified by the alternative method and was not required
1010	to pay an election assessment, shall reimburse the state or
1011	local governmental entity, whichever is applicable, for such
1012	waived assessment or fee or both. Such reimbursement shall be
1013	made first for the cost of petition verification and then, if
1014	funds are remaining, for the amount of the election assessment.
1015	If there are insufficient funds in the account to pay the full
1016	amount of either the assessment or the fee or both, the
1017	remaining funds shall be disbursed in the above manner until no
1018	funds remain. All funds disbursed pursuant to this subsection
1019	shall be remitted to the qualifying officer. Any reimbursement
1020	for petition verification costs which are reimbursable by the
1021	state shall be forwarded by the qualifying officer to the state
1022	for deposit in the General Revenue Fund. All reimbursements for
1023	the amount of the election assessment shall be forwarded by the
1024	qualifying officer to the Department of State for deposit in the
1025	General Revenue Elections Commission Trust Fund.
1026	Section 16.  Subsection (1) of section 106.143, Florida
1027	Statutes, is amended to read:
1028	106.143  Political advertisements circulated prior to
1029	election; requirements.--
1030	(1)(a)  Any political advertisement that is paid for by a
1031	candidate and that is published, displayed, or circulated prior
1032	to, or on the day of, any election must prominently state:
1033	"Political advertisement paid for and approved by  . . .  (name
1034	of candidate)  . . . ,  . . . (party affiliation)  . . . , for
1035	. . .  (office sought)  . . . ."
1036	(b)  Any other political advertisement and any campaign
1037	literature published, displayed, or circulated prior to, or on
1038	the day of, any election must prominently shall:
1039	1.(a)  Be marked "paid political advertisement" or with the
1040	abbreviation "pd. pol. adv."
1041	2.  State the name and address of the persons sponsoring
1042	the advertisement.
1043	(b)  Identify the persons or organizations sponsoring the
1044	advertisement.
1045	3.a.(I)(c)1.a.  State whether the advertisement and the
1046	cost of production is paid for or provided in kind by or at the
1047	expense of the entity publishing, displaying, broadcasting, or
1048	circulating the political advertisement; or
1049	(II)b.  State who provided or paid for the advertisement
1050	and cost of production, if different from the source of
1051	sponsorship.
1052	b.2.  This subparagraph does paragraph shall not apply if
1053	the source of the sponsorship is patently clear from the content
1054	or format of the political advertisement or campaign literature.
1055
1056	This subsection does not apply to campaign messages used by a
1057	candidate and the candidate's supporters if those messages are
1058	designed to be worn by a person.
1059	Section 17.  Section 106.1437, Florida Statutes, is amended
1060	to read:
1061	106.1437  Miscellaneous advertisements.--Any advertisement,
1062	other than a political advertisement, independent expenditure,
1063	or electioneering communication, on billboards, bumper stickers,
1064	radio, or television, or in a newspaper, a magazine, or a
1065	periodical, intended to influence public policy or the vote of a
1066	public official, shall clearly designate the sponsor of such
1067	advertisement by including a clearly readable statement of
1068	sponsorship. If the advertisement is broadcast on television,
1069	the advertisement shall also contain a verbal statement of
1070	sponsorship. This section shall not apply to an editorial
1071	endorsement.
1072	Section 18.  Section 106.1439, Florida Statutes, is created
1073	to read:
1074	106.1439  Electioneering communications; disclaimers.--
1075	(1)  Any electioneering communication shall prominently
1076	state, "Paid electioneering communication paid for by  . . .
1077	(Name and address of person paying for the communication) . . .
1078	."
1079	(2)  Any person who fails to include the disclaimer
1080	prescribed in this section in any electioneering communication
1081	that is required to contain such disclaimer commits a
1082	misdemeanor of the first degree, punishable as provided in s.
1083	775.082 or s. 775.083.
1084	Section 19.  Section 106.148, Florida Statutes, is
1085	repealed.
1086	Section 20.  Subsections (2) and (4) of section 106.25,
1087	Florida Statutes, are amended to read:
1088	106.25  Reports of alleged violations to Florida Elections
1089	Commission; disposition of findings.--
1090	(2)  The commission shall investigate all violations of
1091	this chapter and chapter 104, but only after having received
1092	either a sworn complaint or information reported to it under
1093	this subsection by the Division of Elections. Any person, other
1094	than the division, having information of any violation of this
1095	chapter or chapter 104 shall file a sworn complaint with the
1096	commission. The commission shall investigate only those alleged
1097	violations specifically contained within the sworn complaint. If
1098	any complainant fails to allege all violations that arise from
1099	the facts or allegations alleged in a complaint, the commission
1100	shall be barred from investigating a subsequent complaint from
1101	such complainant that is based upon such facts or allegations
1102	that were raised or could have been raised in the first
1103	complaint. Such sworn complaint shall state whether a complaint
1104	of the same violation has been made to any state attorney.
1105	Within 5 days after receipt of a sworn complaint, the commission
1106	shall transmit a copy of the complaint to the alleged violator.
1107	All sworn complaints alleging violations of the Florida Election
1108	Code over which the commission has jurisdiction shall be filed
1109	with the commission within 2 years after of the alleged
1110	violations. The period of limitations is tolled on the day a
1111	sworn complaint is filed with the commission.
1112	(4)  The commission shall undertake a preliminary
1113	investigation to determine if the facts alleged in a sworn
1114	complaint or a matter initiated by the division constitute
1115	probable cause to believe that a violation has occurred. The
1116	respondent, the complainant, and their respective counsels shall
1117	be permitted to attend the hearing at which the probable cause
1118	determination is made. Notice of the hearing shall be sent to
1119	the respondent and the complainant at least 14 days prior to the
1120	date of the hearing. The respondent and his or her counsel shall
1121	be permitted to make a brief oral statement in the nature of
1122	oral argument to the commission before the probable cause
1123	determination. The commission's determination shall be based
1124	upon the investigator's report, the complaint, and staff
1125	recommendations, as well as any written statements submitted by
1126	the respondent and any oral statements made at the hearing. No
1127	testimony or other evidence shall be accepted at the hearing.
1128	Upon completion of the preliminary investigation, the commission
1129	shall, by written report, find probable cause or no probable
1130	cause to believe that this chapter or chapter 104 has been
1131	violated.
1132	(a)  If no probable cause is found, the commission shall
1133	dismiss the case and the case shall become a matter of public
1134	record, except as otherwise provided in this section, together
1135	with a written statement of the findings of the preliminary
1136	investigation and a summary of the facts which the commission
1137	shall send to the complainant and the alleged violator.
1138	(b)  If probable cause is found, the commission shall so
1139	notify the complainant and the alleged violator in writing. All
1140	documents made or received in the disposition of the complaint
1141	shall become public records upon a finding by the commission.
1142
1143	In a case where probable cause is found, the commission shall
1144	make a preliminary determination to consider the matter or to
1145	refer the matter to the state attorney for the judicial circuit
1146	in which the alleged violation occurred.
1147	Section 21.  Subsection (5) is added to section 106.265,
1148	Florida Statutes, to read:
1149	106.265  Civil penalties.--
1150	(5)  In any case in which the commission determines that a
1151	person has filed a complaint against another person with a
1152	malicious intent to injure the reputation of the person
1153	complained against by filing the complaint with knowledge that
1154	the complaint contains one or more false allegations or with
1155	reckless disregard for whether the complaint contains false
1156	allegations of fact material to a violation of this chapter or
1157	chapter 104, the complainant shall be liable for costs and
1158	reasonable attorney's fees incurred in the defense of the person
1159	complained against, including the costs and reasonable
1160	attorney's fees incurred in proving entitlement to and the
1161	amount of costs and fees. If the complainant fails to pay such
1162	costs and fees voluntarily within 30 days following such finding
1163	by the commission, the commission shall forward such information
1164	to the Department of Legal Affairs, which shall bring a civil
1165	action in a court of competent jurisdiction to recover the
1166	amount of such costs and fees awarded by the commission.
1167	Section 22.  Paragraph (a) of subsection (3) of section
1168	106.29, Florida Statutes, is amended to read:
1169	106.29  Reports by political parties; restrictions on
1170	contributions and expenditures; penalties.--
1171	(3)(a)  Any state or county executive committee failing to
1172	file a report on the designated due date shall be subject to a
1173	fine as provided in paragraph (b) for each late day. The fine
1174	shall be assessed by the filing officer, and the moneys
1175	collected shall be deposited in the General Revenue Elections
1176	Commission Trust Fund.
1177	Section 23.  Effective January 1, 2005, paragraph (b) of
1178	subsection (3) of section 106.29, Florida Statutes, is amended
1179	to read:
1180	106.29  Reports by political parties; restrictions on
1181	contributions and expenditures; penalties.--
1182	(3)
1183	(b)  Upon determining that a report is late, the filing
1184	officer shall immediately notify the chair of the executive
1185	committee as to the failure to file a report by the designated
1186	due date and that a fine is being assessed for each late day.
1187	The fine shall be $1,000 for a state executive committee, and
1188	$50 for a county executive committee, per day for each late day,
1189	not to exceed 25 percent of the total receipts or expenditures,
1190	whichever is greater, for the period covered by the late report.
1191	However, if an executive committee fails to file a report on the
1192	Friday immediately preceding the general election, the fine
1193	shall be $10,000 per day for each day a state executive
1194	committee is late and $500 per day for each day a county
1195	executive committee is late. Upon receipt of the report, the
1196	filing officer shall determine the amount of the fine which is
1197	due and shall notify the chair. The filing officer shall
1198	determine the amount of the fine due based upon the earliest of
1199	the following:
1200	1.  When the report is actually received by such officer.
1201	2.  When the report is postmarked.
1202	3.  When the certificate of mailing is dated.
1203	4.  When the receipt from an established courier company is
1204	dated.
1205	5.  When the electronic receipt issued pursuant to s.
1206	106.0705 is dated.
1207
1208	Such fine shall be paid to the filing officer within 20 days
1209	after receipt of the notice of payment due, unless appeal is
1210	made to the Florida Elections Commission pursuant to paragraph
1211	(c). An officer or member of an executive committee shall not be
1212	personally liable for such fine.
1213	Section 24.  To provide for uniformity of the proceedings,
1214	the amendments to sections 106.021, 106.023, 106.04(8), 106.07,
1215	and 106.25, Florida Statutes, in sections 8, 9, 10, 11, and 20
1216	of this act, respectively, shall apply to all cases before the
1217	Florida Elections Commission pending on or filed on or after the
1218	effective date of this act.
1219	Section 25.  If any provision of this act or its
1220	application to any person or circumstance is held invalid, the
1221	invalidity does not affect other provisions or applications of
1222	the act which can be given effect without the invalid provision
1223	or application, and to this end the provisions of this act are
1224	severable.
1225	Section 26.  Except as otherwise provided herein, this act
1226	shall take effect July 1, 2004.
1227
1228	================= T I T L E  A M E N D M E N T =================
1229	Remove the entire title and insert:
1230	A bill to be entitled
1231	An act relating to elections; providing a popular name;
1232	amending s. 97.021, F.S.; defining the term "early
1233	voting"; amending s. 101.015, F.S.; requiring supervisors
1234	of elections to include written procedures for early
1235	voting in their accuracy and security procedures and to
1236	submit any revisions to those security procedures within a
1237	specified period before early voting commences; amending
1238	s. 101.5612, F.S.; providing for testing of tabulating
1239	equipment prior to commencement of early voting and notice
1240	thereof; amending s. 101.5613, F.S.; specifying the person
1241	responsible for examination of equipment for purposes of
1242	early voting; amending s. 101.657, F.S.; authorizing and
1243	providing requirements for early voting; providing for
1244	designation of certain facilities as early voting sites;
1245	amending s. 106.011, F.S.; redefining the terms "political
1246	committee," "contribution," "expenditure," "independent
1247	expenditure," "communications media," and "political
1248	advertisement"; defining the term "electioneering
1249	communication"; amending s. 106.021, F.S.; providing
1250	exceptions to a prohibition against making certain
1251	contributions or expenditures in connection with a
1252	campaign or activities of a political committee;
1253	authorizing reimbursement of expenses incurred in
1254	connection with a campaign or activities of a political
1255	committee; requiring disclosure of the names and addresses
1256	of persons reimbursed from a campaign account; providing
1257	for retroactive operation; amending s. 106.023, F.S.;
1258	providing that the execution and filing of the statement
1259	of candidate does not in and of itself create a
1260	presumption that a violation of ch. 106 or ch. 104, F.S.,
1261	is a willful violation; amending s. 106.04, F.S.;
1262	modifying contribution reporting requirements for
1263	committees of continuous existence; modifying prohibitions
1264	on activities of committees of continuous existence;
1265	reducing the fine for late filing of campaign finance
1266	reports by committees of continuous existence for the
1267	first 3 days; providing for deposit of fine proceeds into
1268	the General Revenue Fund; amending s. 106.07, F.S.;
1269	revising requirements for filing campaign reports;
1270	revising requirements with respect to timely filing of
1271	mailed reports; requiring the reporting of the primary
1272	purposes of certain expenditures made indirectly through a
1273	campaign treasurer for certain goods and services;
1274	expanding grounds for appealing or disputing a fine;
1275	requiring the Florida Elections Commission to consider
1276	mitigating and aggravating circumstances in determining
1277	the amount of a fine, if any, to be waived for late-filed
1278	reports; providing for deposit of certain fine proceeds
1279	into the General Revenue Fund; limiting investigation of
1280	alleged late filing violations; providing for electronic
1281	filing of reports; allowing electronic receipts to be used
1282	as proof of filing; creating s. 106.0705, F.S.; providing
1283	for electronic filing of campaign finance reports;
1284	providing standards and guidelines; providing penalties;
1285	providing for adoption of rules; amending s. 106.071,
1286	F.S.; establishing reporting requirements for certain
1287	individuals making electioneering communications;
1288	modifying sponsorship disclaimer requirements for
1289	independent expenditures; creating an exemption; deleting
1290	a limitation on contributions to fund independent
1291	expenditures; amending s. 106.141, F.S.; increasing the
1292	amount of surplus funds a candidate for the Florida Senate
1293	can turn back to a political party; providing for deposit
1294	into the General Revenue Fund of reimbursed election
1295	assessments; amending s. 106.143, F.S.; modifying
1296	sponsorship disclaimer requirements for political
1297	advertisements; amending s. 106.1437, F.S.; creating
1298	exemptions to disclaimer requirements for certain public
1299	policy advertisements; creating s. 106.1439, F.S.;
1300	creating disclaimer requirements for electioneering
1301	communications; providing penalties; repealing s. 106.148,
1302	F.S., relating to sponsorship disclaimer requirements for
1303	certain computer messages; amending s. 106.25, F.S.;
1304	restricting the alleged violations the commission may
1305	investigate to those specifically contained within a sworn
1306	complaint; providing restrictions on subsequent complaints
1307	based on the same facts or allegations as a prior
1308	complaint; authorizing respondents and complainants and
1309	their counsels to attend hearings at which probable cause
1310	is determined; requiring prior notice; permitting a brief
1311	oral statement; specifying bases for determining probable
1312	cause; amending s. 106.265, F.S.; providing liability of
1313	complainants for costs and reasonable attorney's fees
1314	under certain circumstances; providing for civil actions
1315	to collect such costs and fees; amending s. 106.29, F.S.;
1316	providing that the proceeds of funds assessed against
1317	political parties for the late filing of reports shall be
1318	deposited into the General Revenue Fund; providing for
1319	determination of fine for electronically filed campaign
1320	finance reports; providing applicability of certain
1321	sections of the bill to pending and future cases before
1322	the Florida Elections Commission; providing for
1323	severability; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.