HB 1793

CS

CHAMBER ACTION

2	The Committee on Procedures recommends the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to campaign financing; amending s.
8	106.011, F.S.; revising and providing definitions;
9	amending s. 106.03, F.S.; revising registration
10	requirements of political committees; requiring the
11	statement of organization to be sworn to under oath and
12	penalty of perjury; providing for personal liability;
13	revising content requirements of the statement of
14	organization; requiring amendment of the statement of
15	organization under certain circumstances; amending s.
16	106.04, F.S.; requiring membership dues of committees of
17	continuous existence to be reported in the same manner as
18	regular contributions, with specified exemptions;
19	requiring reporting of expenditures; prohibiting transfers
20	from committees of continuous existence to certain
21	political committees for certain purposes; providing
22	penalties; creating s. 106.045, F.S.; providing
23	registration and reporting requirements for partisan
24	affinity groups; providing a definition; providing
25	penalties for late or incomplete reports; creating s.
26	106.0705, F.S.; providing for electronic filing of
27	campaign treasurer's reports; providing a definition;
28	providing standards and guidelines; requiring the Division
29	of Elections to adopt rules to administer the electronic
30	filing system and its reports; amending s. 106.08, F.S.;
31	providing applicability of contribution limits to related
32	entities; providing limits on contributions to committees
33	of continuous existence; providing penalties; creating s.
34	106.1439, F.S.; requiring reporting of contributions and
35	expenditures for electioneering advertisements; providing
36	definitions; providing filing requirements; providing for
37	personal liability; requiring disclosure statements in
38	such advertisements and providing requirements thereof;
39	prohibiting certain contributions; providing penalties;
40	reenacting ss. 106.075(2) and 106.19(1)(a), F.S., and s.
41	30(5), ch. 2003-415, Laws of Florida, relating to
42	limitations on contributions to pay loans, acceptance of
43	contributions in excess of the prescribed limits, and
44	applicability of contribution limits to the 2004
45	elections, respectively, to incorporate the amendment to
46	s. 106.08, F.S., in references thereto; providing
47	severability; providing effective dates.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Subsections (1), (3), (4), (5), (8), (13), and
52	(17) of section 106.011, Florida Statutes, are amended, and
53	subsections (18), (19), (20), and (21) are added to said
54	section, to read:
55	106.011  Definitions.--As used in this chapter, the
56	following terms have the following meanings unless the context
57	clearly indicates otherwise:
58	(1)(a)  "Political committee" means:
59	1.  A combination of two or more individuals or persons, or
60	a person other than an individual, that, in an aggregate amount
61	in excess of $500 during a single calendar year:
62	a.  Accepts contributions for the purpose of making
63	contributions to any candidate, political committee, committee
64	of continuous existence, or political party;
65	b.  Accepts contributions for the purpose of expressly
66	advocating the election or defeat of a candidate or the passage
67	or defeat of an issue;
68	c.  Makes expenditures that expressly advocate the election
69	or defeat of a candidate or the passage or defeat of an issue;
70	or
71	d.  Makes contributions to a common fund, other than a
72	joint checking account between spouses, from which contributions
73	are made to any candidate, political committee, committee of
74	continuous existence, political organization subject to the
75	requirements of 26 U.S.C. s. 527 that publicly disseminates an
76	electioneering advertisement, or political party;
77	e.  Accepts contributions for the purpose of publicly
78	disseminating an electioneering advertisement; or
79	f.  Makes expenditures for the purpose of publicly
80	disseminating an electioneering advertisement.
81	2.  The sponsor of a proposed constitutional amendment by
82	initiative who intends to seek the signatures of registered
83	electors.
84	(b)  Notwithstanding paragraph (a), the following entities
85	are not considered political committees for purposes of this
86	chapter:
87	1.  Organizations which are certified by the Department of
88	State as committees of continuous existence pursuant to s.
89	106.04, national political parties, and the state and county
90	executive committees of political parties regulated by chapter
91	103.
92	2.  Corporations regulated by chapter 607 or chapter 617 or
93	other business entities formed for purposes other than to
94	support or oppose issues or candidates, if their political
95	activities are limited to contributions to candidates, political
96	parties, or political committees or expenditures in support of
97	or opposition to an issue from corporate or business funds and
98	if no contributions are received by such corporations or
99	business entities.
100	(3)  "Contribution" means:
101	(a)  A gift, subscription, conveyance, deposit, loan,
102	payment, or distribution of money or anything of value,
103	including contributions in kind having an attributable monetary
104	value in any form, made for the purpose of influencing the
105	results of an election or for the purpose of publicly
106	disseminating an electioneering advertisement.
107	(b)  A transfer of funds between political committees,
108	between committees of continuous existence, or between a
109	political committee and a committee of continuous existence.
110	(c)  The payment, by any person other than a candidate or
111	political committee, of compensation for the personal services
112	of another person which are rendered to a candidate or political
113	committee without charge to the candidate or committee for such
114	services.
115	(d)  The transfer of funds by a campaign treasurer or
116	deputy campaign treasurer between a primary depository and a
117	separate interest-bearing account or certificate of deposit, and
118	the term includes any interest earned on such account or
119	certificate.
120
121	Notwithstanding the foregoing meanings of "contribution," the
122	word shall not be construed to include services, including, but
123	not limited to, legal and accounting services, provided without
124	compensation by individuals volunteering a portion or all of
125	their time on behalf of a candidate or political committee. This
126	definition shall not be construed to include editorial
127	endorsements.
128	(4)(a)  "Expenditure" means a purchase, payment,
129	distribution, loan, advance, transfer of funds by a campaign
130	treasurer or deputy campaign treasurer between a primary
131	depository and a separate interest-bearing account or
132	certificate of deposit, or gift of money or anything of value
133	made for the purpose of influencing the results of an election
134	or for the purpose of publicly disseminating an electioneering
135	advertisement. However, "expenditure" does not include a
136	purchase, payment, distribution, loan, advance, or gift of money
137	or anything of value made for the purpose of influencing the
138	results of an election when made by an organization, in
139	existence prior to the time during which a candidate qualifies
140	or an issue is placed on the ballot for that election, for the
141	purpose of printing or distributing such organization's
142	newsletter, containing a statement by such organization in
143	support of or opposition to a candidate or issue, which
144	newsletter is distributed only to members of such organization.
145	(b)  With respect to telephones, an expenditure shall be
146	deemed to be an expenditure for the use of communications media
147	only if made for the costs of telephones, paid telephonists, or
148	automatic telephone equipment to be used by a candidate or a
149	political committee to communicate with potential voters but
150	excluding any costs of telephones incurred by a volunteer for
151	use of telephones by such volunteer.
152	(c)  For purposes of electioneering advertisements, the
153	expenditure date is the date on which the person has executed a
154	contract to make the expenditure, the person has made payment
155	for such electioneering advertisement, or the electioneering
156	advertisement is aired or otherwise disseminated, whichever is
157	earliest.
158	(5)(a)  "Independent expenditure" means an expenditure by a
159	person for the purpose of advocating the election or defeat of a
160	candidate or the approval or rejection of an issue, which
161	expenditure is not controlled by, coordinated with, or made upon
162	consultation with, any candidate, political committee, or agent
163	of such candidate or committee. An expenditure for such purpose
164	by a person having a contract with the candidate, political
165	committee, or agent of such candidate or committee in a given
166	election period shall not be deemed an independent expenditure.
167	In addition, an electioneering advertisement as defined in s.
168	106.1439 shall not be considered an independent expenditure.
169	(b)  An expenditure for the purpose of advocating the
170	election or defeat of a candidate which is made by the national,
171	state, or county executive committee of a political party,
172	including any subordinate committee of a national, state, or
173	county committee of a political party, or by any political
174	committee or committee of continuous existence, or any other
175	person, shall not be considered an independent expenditure if
176	the committee or person:
177	1.  Communicates with the candidate, the candidate's
178	campaign, or an agent of the candidate acting on behalf of the
179	candidate, including any pollster, media consultant, advertising
180	agency, vendor, advisor, or staff member, concerning the
181	preparation of, use of, or payment for, the specific expenditure
182	or advertising campaign at issue; or
183	2.  Makes a payment in cooperation, consultation, or
184	concert with, at the request or suggestion of, or pursuant to
185	any general or particular understanding with the candidate, the
186	candidate's campaign, a political committee supporting the
187	candidate, or an agent of the candidate relating to the specific
188	expenditure or advertising campaign at issue; or
189	3.  Makes a payment for the dissemination, distribution, or
190	republication, in whole or in part, of any broadcast or any
191	written, graphic, or other form of campaign material prepared by
192	the candidate, the candidate's campaign, or an agent of the
193	candidate, including any pollster, media consultant, advertising
194	agency, vendor, advisor, or staff member; or
195	4.  Makes a payment based on information about the
196	candidate's plans, projects, or needs communicated to a member
197	of the committee or person by the candidate or an agent of the
198	candidate, provided the committee or person uses the information
199	in any way, in whole or in part, either directly or indirectly,
200	to design, prepare, or pay for the specific expenditure or
201	advertising campaign at issue; or
202	5.  After the last day of qualifying for statewide or
203	legislative office, consults about the candidate's plans,
204	projects, or needs in connection with the candidate's pursuit of
205	election to office and the information is used in any way to
206	plan, create, design, or prepare an independent expenditure or
207	advertising campaign, with:
208	a.  Any officer, director, employee, or agent of a
209	national, state, or county executive committee of a political
210	party that has made or intends to make expenditures in
211	connection with or contributions to the candidate; or
212	b.  Any person whose professional services have been
213	retained by a national, state, or county executive committee of
214	a political party that has made or intends to make expenditures
215	in connection with or contributions to the candidate; or
216	6.  After the last day of qualifying for statewide or
217	legislative office, retains the professional services of any
218	person also providing those services to the candidate in
219	connection with the candidate's pursuit of election to office;
220	or
221	7.  Arranges, coordinates, or directs the expenditure, in
222	any way, with the candidate or an agent of the candidate.
223	(8)  "Person" means an individual or a corporation,
224	association, firm, partnership, joint venture, joint stock
225	company, club, organization, estate, trust, business trust,
226	syndicate, political organization subject to the requirements of
227	26 U.S.C. s. 527, limited liability company, limited liability
228	partnership, or other legal entity or other combination of
229	individuals having collective capacity. The term includes a
230	political party, political committee, or committee of continuous
231	existence.
232	(13)  "Communications media" means broadcasting stations,
233	newspapers, magazines, outdoor advertising facilities, printers,
234	direct mailing companies, advertising agencies, and telephone
235	companies; but with respect to telephones, an expenditure shall
236	be deemed to be an expenditure for the use of communications
237	media only if made for the costs of telephones, paid
238	telephonists, or automatic telephone equipment to be used by a
239	candidate or a political committee to communicate with potential
240	voters but excluding any costs of telephones incurred by a
241	volunteer for use of telephones by such volunteer.
242	(17)  "Political advertisement" means a paid expression in
243	any communications media prescribed in subsection (13), whether
244	radio, television, newspaper, magazine, periodical, campaign
245	literature, direct mail, or display or by means other than the
246	spoken word in direct conversation, which shall support or
247	oppose any candidate, elected public official, or issue.
248	However, political advertisement does not include:
249	(a)  A statement by an organization, in existence prior to
250	the time during which a candidate qualifies or an issue is
251	placed on the ballot for that election, in support of or
252	opposition to a candidate or issue, in that organization's
253	newsletter, which newsletter is distributed only to the members
254	of that organization.
255	(b)  Editorial endorsements by any newspaper, radio or
256	television station, or other recognized news medium.
257	(c)  An electioneering advertisement.
258	(18)(a)  "Electioneering advertisement" means a paid
259	broadcast, cable, satellite, or printed communication that:
260	1.  Is publicly disseminated after the end of the candidate
261	qualifying period for the office sought by the candidate. An
262	electioneering advertisement is considered publicly disseminated
263	if it is aired, broadcast, or distributed by cable or other
264	means for a fee.
265	2.  Refers to a clearly identified candidate for office in
266	any election.
267	3.  Is targeted to the relevant electorate. An
268	electioneering advertisement is considered targeted to the
269	relevant electorate if the communication can be received by
270	1,000 or more households in the district that the candidate
271	would represent if elected.
272	(b)  The term does not include:
273	1.  A political advertisement or an independent
274	expenditure.
275	2.  A statement or depiction by an organization, in
276	existence prior to the time during which the candidate named or
277	depicted qualifies for such election, made in that
278	organization's newsletter, which newsletter is distributed only
279	to members of that organization.
280	3.  An editorial endorsement by any newspaper, radio, or
281	television station or other recognized news medium so long as
282	such media are not owned or controlled by a candidate, political
283	party, or political committee.
284	4.  A news story, commentary, or editorial broadcast by a
285	radio or television station, cable television system, or
286	satellite system.
287	5.  A fundraising or public service announcement publicly
288	aired by a corporation organized under 26 U.S.C. s. 501(c)(3).
289	6.  A candidate debate or forum or a communication made by
290	or on behalf of the sponsor that solely promotes a debate or
291	forum.
292	7.  A government publication or official correspondence
293	from government officials.
294	(19)  "Individual" means a natural person.
295	(20)  "Entity" means a corporation, association, firm,
296	partnership, joint venture, joint stock company, club,
297	organization, estate, trust, business trust, syndicate, or any
298	other legal entity.
299	(21)  "Related entity" means an entity related to any other
300	entity if:
301	(a)  More than 50 percent of the entity's governing board
302	consists of the same persons as any other entity; or
303	(b)  One entity has a 100-percent ownership interest in the
304	other entity.
305	Section 2.  Subsections (1) and (2) of section 106.03,
306	Florida Statutes, are amended to read:
307	106.03  Registration of political committees.--
308	(1)(a)  Each political committee which anticipates
309	receiving contributions or making expenditures during a calendar
310	year in an aggregate amount exceeding $500 or which is seeking
311	the signatures of registered electors in support of an
312	initiative shall file a statement of organization as provided in
313	subsection (3) within 10 days after its organization or, if
314	later, within 10 days after the date on which it has information
315	which causes the committee to anticipate that it will receive
316	contributions or make expenditures in excess of $500.
317	(b)  If a political committee is organized within 10 days
318	before of any election, it shall immediately file the statement
319	of organization required by this section.
320	(2)  The statement of organization shall be sworn to under
321	oath and under penalty of perjury by the individuals, whether in
322	their individual capacity or in a representative capacity,
323	having or exercising control of the committee's management and
324	finances. Such individuals shall be personally liable for any
325	violations of filing requirements under this chapter and shall
326	be required to pay any fines assessed from the personal funds of
327	the individuals. The statement of organization shall include:
328	(a)  The name and address of the committee.;
329	(b)  The names, addresses, and relationships of affiliated
330	or connected organizations.;
331	(c)  The area, scope, or jurisdiction of the committee.;
332	(d)  The name, address, and position of the custodian of
333	books and accounts.;
334	(e)  The names name, addresses address, and positions
335	position of the individuals, whether in their individual
336	capacity or in a representative capacity, having or exercising
337	control over the organization's finances, and other principal
338	officers, including officers and members of the finance
339	committee, if any.;
340	(f)  The name, address, office sought, and party
341	affiliation of:
342	1.  Each candidate whom the committee is supporting or
343	opposing.;
344	2.  Any other individual, if any, whom the committee is
345	supporting for nomination for election, or election, to any
346	public office whatever.;
347	(g)  Any issue or issues such organization is supporting or
348	opposing.;
349	(h)  If the committee is supporting the entire ticket of
350	any party, a statement to that effect and the name of the
351	party.;
352	(i)  A statement of whether the committee is a continuing
353	one.;
354	(j)  Plans for the disposition of residual funds which will
355	be made in the event of dissolution.;
356	(k)  A listing of all banks, safe-deposit boxes, or other
357	depositories used for committee funds.; and
358	(l)  A statement of the reports required to be filed by the
359	committee with federal officials or agencies, if any, and the
360	names, addresses, and positions of such officials or agencies.
361	(m)  If the committee intends to publicly disseminate
362	electioneering advertisements as provided in s. 106.1439, a
363	statement to that effect. If the committee submits a statement
364	of organization indicating that it will not publicly disseminate
365	electioneering advertisements but at a later date decides
366	otherwise, it must amend its statement of organization within 10
367	days after the decision.
368	Section 3.  Paragraph (c) of subsection (4) and subsection
369	(5) of section 106.04, Florida Statutes, are amended to read:
370	106.04  Committees of continuous existence.--
371	(4)
372	(c)  All committees of continuous existence shall file the
373	original and one copy of their reports with the Division of
374	Elections. In addition, a duplicate copy of each report shall be
375	filed with the supervisor of elections in the county in which
376	the committee maintains its books and records, except that if
377	the filing officer to whom the committee is required to report
378	is located in the same county as the supervisor no such
379	duplicate report is required to be filed with the supervisor.
380	Reports shall be on forms provided by the division and shall
381	contain the following information:
382	1.  The full name, address, and occupation of each person
383	who has made one or more contributions, including contributions
384	that represent the payment of membership dues, to the committee
385	during the reporting period, together with the amounts and dates
386	of such contributions. For corporations, the report must provide
387	as clear a description as practicable of the principal type of
388	business conducted by the corporation. However, if the
389	contribution is $100 or less, the occupation of the contributor
390	or principal type of business need not be listed. However, for
391	any contributions that which represent the regular payment of
392	dues by members in a fixed amount not exceeding $50 per payment
393	and $250 in the aggregate of such payments per calendar year
394	pursuant to the schedule on file with the Division of Elections,
395	only the aggregate amount of such contributions need be listed,
396	together with the number of members paying such dues and the
397	amount of the membership dues.
398	2.  The name and address of each political committee or
399	committee of continuous existence from which the reporting
400	committee received, or the name and address of each political
401	committee, committee of continuous existence, or political party
402	to which it made, any transfer of funds, together with the
403	amounts and dates of all transfers.
404	3.  Any other receipt of funds not listed pursuant to
405	subparagraph 1. or subparagraph 2., including the sources and
406	amounts of all such funds.
407	4.  The name and address of, and office sought by, each
408	candidate to whom the committee has made a contribution during
409	the reporting period, together with the amount and date of each
410	contribution.
411	5.  The date, amount, and description of all expenditures
412	made by the committee, including the full name and address of
413	each person to whom an expenditure for personal services or
414	salary was made.
415	(d)  The treasurer of each committee shall certify as to
416	the correctness of each report and shall bear the responsibility
417	for its accuracy and veracity. Any treasurer who willfully
418	certifies to the correctness of a report while knowing that such
419	report is incorrect, false, or incomplete commits a misdemeanor
420	of the first degree, punishable as provided in s. 775.082 or s.
421	775.083.
422	(5)  No committee of continuous existence shall contribute
423	to any candidate or political committee an amount in excess of
424	the limits contained in s. 106.08(1) or participate in any other
425	activity which is prohibited by this chapter. If any violation
426	occurs, it shall be punishable as provided in this chapter for
427	the given offense. No funds of a committee of continuous
428	existence shall be expended on behalf of a candidate, except by
429	means of a contribution made through the duly appointed campaign
430	treasurer of a candidate. No such committee shall make
431	expenditures for the purpose of publicly disseminating
432	electioneering advertisements or in support of, or in opposition
433	to, an issue unless such committee first registers as a
434	political committee pursuant to this chapter and undertakes all
435	the practices and procedures required thereof; provided such
436	committee may make contributions in a total amount not to exceed
437	25 percent of its aggregate income, as reflected in the annual
438	report filed for the previous year, to one or more political
439	committees registered pursuant to s. 106.03 and formed to
440	support or oppose issues.
441	Section 4.  106.045, Florida Statutes, is created to read:
442	106.045  Registration and reporting by partisan affinity
443	groups.--
444	(1)  For purposes of this section, "partisan affinity
445	group" means a club or similar organization that is formed
446	primarily to support the ideals and candidates of a single
447	political party and:
448	(a)  Is affiliated with a national and statewide
449	organization that has at least 20 chapters in this state;
450	(b)  All of its contributions are made to the state
451	executive committee of the political party with which it is
452	associated or to a single committee of continuous existence that
453	is associated with its statewide parent organization; and
454	(c)  The annual dues paid by any member less the cost of
455	food, beverages, and meeting expenses of the group is not more
456	than $100.
457	(2)  Each partisan affinity group shall file a registration
458	and disclosure report with the Division of Elections no later
459	than 5:00 p.m. of the 10th day preceding each general election.
460	Such report shall contain:
461	(a)  The name and address of the group.
462	(b)  The names, addresses, and relationships of affiliated
463	organizations.
464	(c)  The names and addresses of its officers and of the
465	person maintaining its books and financial records.
466	(d)  A copy of its charter, by-laws, or similar proof that
467	it meets the requirements of paragraph (1)(a).
468	(e)  The current number of members in the group.
469	(f)  A statement of the gross receipts since the last
470	general election, meeting and other noncontribution expenses
471	during that time, and the net income available for
472	contributions.
473	(g)  The name and address of each entity to which one or
474	more contributions were made since the last general election and
475	the amounts of such contributions.
476
477	Such report shall also contain a sworn statement by the
478	president and treasurer of the group that, to the best of their
479	knowledge and belief, the group qualifies as a partisan affinity
480	group pursuant to this section.
481	(3)  Late or incomplete reports for partisan affinity
482	groups shall be governed by the provisions in s. 106.04(8),
483	provided that the maximum fine that may be imposed is $500.
484	Section 5.  Effective January 1, 2005, section 106.0705,
485	Florida Statutes, is created to read:
486	106.0705  Electronic filing of campaign treasurer's
487	reports.--
488	(1)  As used in this section, the term "electronic filing
489	system" means an Internet system for recording and reporting
490	campaign finance activity by reporting period.
491	(2)(a)  Each candidate who is required to file reports with
492	the division pursuant to s. 106.07 or s. 106.1439 must file such
493	reports with the division by means of the division's electronic
494	filing system.
495	(b)  Each political committee, committee of continuous
496	existence, or state executive committee that is required to file
497	reports with the division under s. 106.04, s. 106.07, or s.
498	106.29, as applicable, must file such reports with the division
499	by means of the division's electronic filing system.
500	(c)  Each person or organization that is required to file
501	reports with the division under s. 106.071 or s. 106.1439 must
502	file such reports with the division by means of the division's
503	electronic filing system.
504	(3)  Reports filed pursuant to this section shall be
505	completed and filed through the electronic filing system not
506	later than midnight of the day designated. Reports not filed by
507	midnight of the day designated are late filed and are subject to
508	the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3),
509	as applicable. If the person, committee, or organization is
510	unable to file electronically because of a problem with Internet
511	communication, a written report containing the required
512	information shall be filed by facsimile or hand delivery to the
513	division no later than noon on the next business day.
514	(4)  Each report filed pursuant to this section is
515	considered to be under oath by the candidate and treasurer or
516	the chair and treasurer, whichever is applicable, and such
517	persons are subject to the provisions of s. 106.04(4)(d), s.
518	106.07(5), or s. 106.29(2), as applicable. Persons given a
519	secure sign-on to the electronic filing system are responsible
520	for protecting such from disclosure and are responsible for all
521	filings using such credentials, unless they have notified the
522	division that their credentials have been compromised.
523	(5)  The electronic filing system developed by the division
524	must:
525	(a)  Be based on access by means of the Internet.
526	(b)  Be accessible by anyone with Internet access using
527	standard web-browsing software.
528	(c)  Provide for direct entry of campaign finance
529	information as well as upload of such information from campaign
530	finance software certified by the division.
531	(d)  Provide a method that prevents unauthorized access to
532	electronic filing system functions.
533	(e)  Have the capacity to handle the filing of at least 500
534	reports by candidates, committees, and political parties within
535	a 24-hour period.
536	(6)  The division shall adopt rules to administer this
537	section and provide for the reports required to be filed
538	pursuant to this section. Such rules shall, at a minimum,
539	provide:
540	(a)  Alternate filing procedures in the event that the
541	division's electronic filing system becomes inoperable.
542	(b)  For the issuance of an electronic receipt to the
543	person submitting the report that verifies that the report has
544	been filed, including the time and date filed.
545	Section 6.  Paragraph (a) of subsection (1) of section
546	106.08, Florida Statutes, is amended to read:
547	106.08  Contributions; limitations on.--
548	(1)(a)  Except for political parties, no person or related
549	entity, political committee, or committee of continuous
550	existence may, in any election, make contributions in excess of
551	$500 to any candidate for election to or retention in office, or
552	to any political committee supporting or opposing one or more
553	candidates, or to any committee of continuous existence. Related
554	entities shall be treated as a single entity for purposes of the
555	contribution limits in this section. Candidates for the offices
556	of Governor and Lieutenant Governor on the same ticket are
557	considered a single candidate for the purpose of this section.
558	Section 7.  Section 106.1439, Florida Statutes, is created
559	to read:
560	106.1439  Electioneering advertisements.--
561	(1)  Any individual that publicly disseminates
562	electioneering advertisements must file regular reports of all
563	contributions received and all expenditures made by such
564	individual with the same officer as a political committee
565	supporting or opposing the candidate referenced in the
566	advertisements. Such reports shall be filed under penalty of
567	perjury and are subject to the same filing requirements as
568	reports required under s. 106.07 for candidates not receiving
569	public financing. A political committee as defined in s.
570	106.011(1)(a)1.e. or s. 106.011(1)(a)1.f. is exempt from the
571	reporting requirements of this subsection.
572	(2)(a)  If the initial publication of the electioneering
573	advertisement occurs after the final regular report is due under
574	subsection (1) but prior to the closing of the polls on election
575	day, the person publicly disseminating the advertisement must
576	file a report electronically with the division no later than 1
577	hour after the advertisement has been contracted for, paid for,
578	or aired or otherwise disseminated, whichever is earliest. The
579	report must contain the same information as required of a
580	candidate by s. 106.07. Upon receipt of the filing, the division
581	shall electronically transmit a confirmation of receipt to the
582	person filing the report. If the person is unable to file
583	electronically because of a problem with Internet communication,
584	a written report containing the required information shall be
585	filed by facsimile or hand delivery to the division no later
586	than 1 hour after the initial publication of the advertisement.
587	However, if a report due to be filed under this paragraph on a
588	Saturday, Sunday, or legal holiday cannot be electronically
589	filed because of a problem with Internet communication, the
590	report must be filed electronically or by facsimile or hand
591	delivery to the division no later than 10 a.m. on the next
592	business day.
593	(b)  Information filed with the division pursuant to this
594	subsection must also be included in the next regular report
595	required under subsection (1).
596	(3)(a)  The following persons shall be responsible for
597	filing the reports required in subsections (1) and (2) and shall
598	certify to and bear the responsibility for the accuracy,
599	completeness, and veracity of each report:
600	1.  The committee chair, committee treasurer, and any
601	individuals having or exercising control of the committee's
602	finances, if the person publicly disseminating the
603	electioneering advertisement is a political committee, committee
604	of continuous existence, or executive committee of a political
605	party; or
606	2.  The individual, if the person publicly disseminating
607	the electioneering advertisement is a natural person who is not
608	a candidate.
609	(b)  The individuals listed in paragraph (a) are liable for
610	violations of filing requirements to the same extent as
611	candidates pursuant to ss. 106.07(5), 106.19, and 106.265 and
612	shall be required to pay any fines assessed from their personal
613	funds.
614	(4)(a)  All electioneering advertisements must include the
615	following disclosure statement, "Pd. Adv., Pd. for by ...(Full
616	name and street address of the person publicly disseminating the
617	advertisement)...".
618	(b)  The disclosure statement must also be followed by the
619	full name of the person's four largest contributors making
620	contributions in excess of $500 in the aggregate, if any.
621	1.  If there are fewer than four largest contributors, all
622	largest contributors must be listed in the disclosure statement.
623	2.  If there are more than four largest contributors, the
624	advertisement must list the first four largest contributors that
625	made contributions to the person publicly disseminating the
626	advertisement. If more than four largest contributors made
627	contributions on the same date, then the first four largest
628	contributors shall be determined alphabetically and listed in
629	the advertisement.
630	(c)  Any statement required by paragraphs (a) and (b) shall
631	be printed clearly and legibly in a conspicuous manner, subject
632	to the following additional requirements:
633	1.  If the communication is broadcast on radio, the
634	statement shall be spoken at the end of the communication.
635	2.  If the communication is broadcast on television, the
636	statement shall be spoken and displayed at the end of the
637	communication. A spoken disclosure statement is not required if
638	the statement is displayed for at least 5 seconds of a 30-second
639	communication or 10 seconds of a 60-second communication.
640	3.  The statement shall direct listeners or viewers to the
641	Internet website of the Division of Elections for more
642	information.
643	(d)  The Florida Elections Commission is authorized upon
644	finding a violation of this subsection to impose a civil penalty
645	in the form of a fine not to exceed $5,000 or the total cost of
646	the advertisements without the proper disclaimer, whichever is
647	greater. In determining the amount of the penalty, the
648	commission must consider any mitigating or aggravating
649	circumstances prescribed in s. 106.265. This penalty shall
650	substitute for the penalties provided in s. 106.265, shall be
651	deposited into the General Revenue Fund of the state, and, if
652	necessary, shall be collected pursuant to s. 106.265(2).
653	(5)  A person may not make a contribution through or in the
654	name of another, directly or indirectly, for the purpose of
655	publicly disseminating an electioneering advertisement.
656	Section 8.  For the purpose of incorporating the amendment
657	to section 106.08, Florida Statutes, in a reference thereto,
658	subsection (2) of section 106.075, Florida Statutes, is
659	reenacted to read:
660	106.075  Elected officials; report of loans made in year
661	preceding election; limitation on contributions to pay loans.--
662	(2)  Any person who makes a contribution to an individual
663	to pay all or part of a loan incurred, in the 12 months
664	preceding the election, to be used for the individual's
665	campaign, may not contribute more than the amount which is
666	allowed in s. 106.08(1).
667	Section 9.  For the purpose of incorporating the amendment
668	to section 106.08, Florida Statutes, in a reference thereto,
669	paragraph (a) of subsection (1) of section 106.19, Florida
670	Statutes, is reenacted to read:
671	106.19  Violations by candidates, persons connected with
672	campaigns, and political committees.--
673	(1)  Any candidate; campaign manager, campaign treasurer,
674	or deputy treasurer of any candidate; committee chair, vice
675	chair, campaign treasurer, deputy treasurer, or other officer of
676	any political committee; agent or person acting on behalf of any
677	candidate or political committee; or other person who knowingly
678	and willfully:
679	(a)  Accepts a contribution in excess of the limits
680	prescribed by s. 106.08;
681
682	is guilty of a misdemeanor of the first degree, punishable as
683	provided in s. 775.082 or s. 775.083.
684	Section 10.  For the purpose of incorporating the amendment
685	to section 106.08, Florida Statutes, in a reference thereto,
686	subsection (5) of section 30 of chapter 2003-415, Laws of
687	Florida, is reenacted to read:
688	Section 30.
689	(5)  For the 2004 elections, there shall be two elections
690	for purposes of the contribution limits in s. 106.08, Florida
691	Statutes.
692	Section 11.  If any provision of this act or its
693	application to any person or circumstance is held to be invalid,
694	the invalidity does not affect other provisions or applications
695	of the act which can be given effect without the invalid
696	provision or application and, to this end, the provisions of
697	this act are severable.
698	Section 12.  Except as otherwise provided herein, this act
699	shall take effect upon becoming a law.

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