1 | Representative(s) Henriquez offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between line(s) 2270 and 2271, insert: |
5 | Section 45. Section 106.08, Florida Statutes, is amended |
6 | to read: |
7 | 106.08 Contributions; limitations on.-- |
8 | (1)(a) Except for political parties, no person, political |
9 | committee, or committee of continuous existence may, in any |
10 | election, make contributions in excess of $1,000 $500 to any |
11 | candidate for election to or retention in office or to any |
12 | political committee supporting or opposing one or more |
13 | candidates. Candidates for the offices of Governor and |
14 | Lieutenant Governor on the same ticket are considered a single |
15 | candidate for the purpose of this section. |
16 | (b)1. The contribution limits provided in this subsection |
17 | do not apply to contributions made by a state or county |
18 | executive committee of a political party regulated by chapter |
19 | 103 or to amounts contributed by a candidate to his or her own |
20 | campaign. |
21 | 2. Notwithstanding the limits provided in this subsection, |
22 | an unemancipated child under the age of 18 years of age may not |
23 | make a contribution in excess of $100 to any candidate or to any |
24 | political committee supporting one or more candidates. |
25 | (c) The contribution limits of this subsection apply to |
26 | each election. For purposes of this subsection, the first |
27 | primary, second primary, and general election are separate |
28 | elections so long as the candidate is not an unopposed candidate |
29 | as defined in s. 106.011(15). However, for the purpose of |
30 | contribution limits with respect to candidates for retention as |
31 | a justice or judge, there is only one election, which is the |
32 | general election. With respect to candidates in a circuit |
33 | holding an election for circuit judge or in a county holding an |
34 | election for county court judge, there are only two elections, |
35 | which are the first primary election and general election. |
36 | (2)(a) A candidate may not accept contributions from |
37 | national, state, including any subordinate committee of a |
38 | national, state, or county committee of a political party, and |
39 | county executive committees of a political party, which |
40 | contributions in the aggregate exceed $50,000, no more than |
41 | $25,000 of which may be accepted prior to the 28-day period |
42 | immediately preceding the date of the general election. |
43 | (b) Polling services, research services, costs for |
44 | campaign staff, professional consulting services, and telephone |
45 | calls are not contributions to be counted toward the |
46 | contribution limits of paragraph (a). Any item not expressly |
47 | identified in this paragraph as nonallocable is a contribution |
48 | in an amount equal to the fair market value of the item and must |
49 | be counted as allocable toward the $50,000 contribution limits |
50 | of paragraph (a). Nonallocable, in-kind contributions must be |
51 | reported by the candidate under s. 106.07 and by the political |
52 | party under s. 106.29. |
53 | (2)(3)(a) Any contribution received by a candidate with |
54 | opposition in an election or by the campaign treasurer or a |
55 | deputy campaign treasurer of such a candidate on the day of that |
56 | election or less than 5 days prior to the day of that election |
57 | must be returned by him or her to the person or committee |
58 | contributing it and may not be used or expended by or on behalf |
59 | of the candidate. |
60 | (b) Except as otherwise provided in paragraph (c), any |
61 | contribution received by a candidate or by the campaign |
62 | treasurer or a deputy campaign treasurer of a candidate after |
63 | the date at which the candidate withdraws his or her candidacy, |
64 | or after the date the candidate is defeated, becomes unopposed, |
65 | or is elected to office must be returned to the person or |
66 | committee contributing it and may not be used or expended by or |
67 | on behalf of the candidate. |
68 | (c) With respect to any campaign for an office in which an |
69 | independent or minor party candidate has filed as required in s. |
70 | 99.0955 or s. 99.096, but whose qualification is pending a |
71 | determination by the Department of State or supervisor of |
72 | elections as to whether or not the required number of petition |
73 | signatures was obtained: |
74 | 1. The department or supervisor shall, no later than 3 |
75 | days after that determination has been made, notify in writing |
76 | all other candidates for that office of that determination. |
77 | 2. Any contribution received by a candidate or the |
78 | campaign treasurer or deputy campaign treasurer of a candidate |
79 | after the candidate has been notified in writing by the |
80 | department or supervisor that he or she has become unopposed as |
81 | a result of an independent or minor party candidate failing to |
82 | obtain the required number of petition signatures shall be |
83 | returned to the person, political committee, or committee of |
84 | continuous existence contributing it and shall not be used or |
85 | expended by or on behalf of the candidate. |
86 | (3)(4) Any contribution received by the chair, campaign |
87 | treasurer, or deputy campaign treasurer of a political committee |
88 | supporting or opposing a candidate with opposition in an |
89 | election or supporting or opposing an issue on the ballot in an |
90 | election on the day of that election or less than 5 days prior |
91 | to the day of that election may not be obligated or expended by |
92 | the committee until after the date of the election. |
93 | (4)(5)(a) A person may not make any contribution through |
94 | or in the name of another, directly or indirectly, in any |
95 | election. |
96 | (b) Candidates, political committees, and political |
97 | parties may not solicit contributions from any religious, |
98 | charitable, civic, or other causes or organizations established |
99 | primarily for the public good. |
100 | (c) Candidates, political committees, and political |
101 | parties may not make contributions, in exchange for political |
102 | support, to any religious, charitable, civic, or other cause or |
103 | organization established primarily for the public good. It is |
104 | not a violation of this paragraph for: |
105 | 1. A candidate, political committee, or political party |
106 | executive committee to make gifts of money in lieu of flowers in |
107 | memory of a deceased person; |
108 | 2. A candidate to continue membership in, or make regular |
109 | donations from personal or business funds to, religious, |
110 | political party, civic, or charitable groups of which the |
111 | candidate is a member or to which the candidate has been a |
112 | regular donor for more than 6 months; or |
113 | 3. A candidate to purchase, with campaign funds, tickets, |
114 | admission to events, or advertisements from religious, civic, |
115 | political party, or charitable groups. |
116 | (5)(6) A political party may not accept any contribution |
117 | which has been specifically designated for the partial or |
118 | exclusive use of a particular candidate. Any contribution so |
119 | designated must be returned to the contributor and may not be |
120 | used or expended by or on behalf of the candidate. |
121 | (6)(7)(a) Any person who knowingly and willfully makes no |
122 | more than one contribution in violation of subsection (1) or |
123 | subsection (4)(5), or any person who knowingly and willfully |
124 | fails or refuses to return any contribution as required in |
125 | subsection (2)(3), commits a misdemeanor of the first degree, |
126 | punishable as provided in s. 775.082 or s. 775.083. If any |
127 | corporation, partnership, or other business entity or any |
128 | political party, political committee, or committee of continuous |
129 | existence is convicted of knowingly and willfully violating any |
130 | provision punishable under this paragraph, it shall be fined not |
131 | less than $1,000 and not more than $10,000. If it is a domestic |
132 | entity, it may be ordered dissolved by a court of competent |
133 | jurisdiction; if it is a foreign or nonresident business entity, |
134 | its right to do business in this state may be forfeited. Any |
135 | officer, partner, agent, attorney, or other representative of a |
136 | corporation, partnership, or other business entity or of a |
137 | political party, political committee, or committee of continuous |
138 | existence who aids, abets, advises, or participates in a |
139 | violation of any provision punishable under this paragraph |
140 | commits a misdemeanor of the first degree, punishable as |
141 | provided in s. 775.082 or s. 775.083. |
142 | (b) Any person who knowingly and willfully makes two or |
143 | more contributions in violation of subsection (1) or subsection |
144 | (4)(5) commits a felony of the third degree, punishable as |
145 | provided in s. 775.082, s. 775.083, or s. 775.084. If any |
146 | corporation, partnership, or other business entity or any |
147 | political party, political committee, or committee of continuous |
148 | existence is convicted of knowingly and willfully violating any |
149 | provision punishable under this paragraph, it shall be fined not |
150 | less than $10,000 and not more than $50,000. If it is a domestic |
151 | entity, it may be ordered dissolved by a court of competent |
152 | jurisdiction; if it is a foreign or nonresident business entity, |
153 | its right to do business in this state may be forfeited. Any |
154 | officer, partner, agent, attorney, or other representative of a |
155 | corporation, partnership, or other business entity, or of a |
156 | political committee, committee of continuous existence, or |
157 | political party who aids, abets, advises, or participates in a |
158 | violation of any provision punishable under this paragraph |
159 | commits a felony of the third degree, punishable as provided in |
160 | s. 775.082, s. 775.083, or s. 775.084. |
161 | (7)(8) Except when otherwise provided in subsection |
162 | (6)(7), any person who knowingly and willfully violates any |
163 | provision of this section shall, in addition to any other |
164 | penalty prescribed by this chapter, pay to the state a sum equal |
165 | to twice the amount contributed in violation of this chapter. |
166 | Each campaign treasurer shall pay all amounts contributed in |
167 | violation of this section to the state for deposit in the |
168 | General Revenue Fund. |
169 | (8)(9) This section does not apply to the transfer of |
170 | funds between a primary campaign depository and a savings |
171 | account or certificate of deposit or to any interest earned on |
172 | such account or certificate. |
173 | Section 46. Paragraph (a) of subsection (1) of section |
174 | 106.087, Florida Statutes, is amended to read: |
175 | 106.087 Independent expenditures; contribution limits; |
176 | restrictions on political parties, political committees, and |
177 | committees of continuous existence.-- |
178 | (1)(a) As a condition of receiving a rebate of filing fees |
179 | and party assessment funds pursuant to s. 99.061(2), s. |
180 | 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or |
181 | treasurer of a state or county executive committee shall take |
182 | and subscribe to an oath or affirmation in writing. During the |
183 | qualifying period for state candidates and prior to distribution |
184 | of such funds, a printed copy of the oath or affirmation shall |
185 | be filed with the Secretary of State and shall be substantially |
186 | in the following form: |
187 |
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188 | State of Florida |
189 | County of_____ |
190 | Before me, an officer authorized to administer oaths, |
191 | personally appeared (name) , to me well known, who, being |
192 | sworn, says that he or she is the (title) of the (name of |
193 | party) (state or specified county) executive committee; |
194 | that the executive committee has not made, either directly or |
195 | indirectly, an independent expenditure in support of or |
196 | opposition to a candidate or elected public official in the |
197 | prior 6 months; and that the executive committee will not make, |
198 | either directly or indirectly, an independent expenditure in |
199 | support of or opposition to a candidate or elected public |
200 | official, through and including the upcoming general election; |
201 | and that the executive committee will not violate the |
202 | contribution limits applicable to candidates under s. 106.08(2), |
203 | Florida Statutes. |
204 | (Signature of committee officer) |
205 | (Address) |
206 |
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207 | Sworn to and subscribed before me this _____ day of _____, |
208 | (year) , at _____ County, Florida. |
209 | (Signature and title of officer administering oath) |
210 | Section 47. Subsection (6) of section 106.29, Florida |
211 | Statutes, is amended to read: |
212 | 106.29 Reports by political parties; restrictions on |
213 | contributions and expenditures; penalties.-- |
214 | (6)(a) The national, state, and county executive |
215 | committees of a political party may not contribute to any |
216 | candidate any amount in excess of the limits contained in s. |
217 | 106.08(2), and all contributions required to be reported under |
218 | s. 106.08(2) by the national executive committee of a political |
219 | party shall be reported by the state executive committee of that |
220 | political party. |
221 | (b) A violation of the contribution limits contained in s. |
222 | 106.08(2) is a misdemeanor of the first degree, punishable as |
223 | provided in s. 775.082 or s. 775.083. A civil penalty equal to |
224 | three times the amount in excess of the limits contained in s. |
225 | 106.08(2) shall be assessed against any executive committee |
226 | found in violation thereof. |
227 |
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228 | ================ T I T L E A M E N D M E N T ============= |
229 | Remove line(s) 144 and insert: |
230 | conform; amending s. 106.08, F.S.; revising provisions relating |
231 | to campaign contribution limits; amending ss. 106.087 and |
232 | 106.29, F.S., to conform; amending s. 106.34, F.S.; revising |
233 | provisions |