HB 1793

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

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