Amendment
Bill No. 1589
Amendment No. 515321
CHAMBER ACTION
Senate House
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1Representative(s) Henriquez offered the following:
2
3     Amendment (with title amendment)
4     Between line(s) 2270 and 2271, insert:
5     Section 45.  Section 106.08, Florida Statutes, is amended
6to read:
7     106.08  Contributions; limitations on.--
8     (1)(a)  Except for political parties, no person, political
9committee, or committee of continuous existence may, in any
10election, make contributions in excess of $1,000 $500 to any
11candidate for election to or retention in office or to any
12political committee supporting or opposing one or more
13candidates. Candidates for the offices of Governor and
14Lieutenant Governor on the same ticket are considered a single
15candidate for the purpose of this section.
16     (b)1.  The contribution limits provided in this subsection
17do not apply to contributions made by a state or county
18executive committee of a political party regulated by chapter
19103 or to amounts contributed by a candidate to his or her own
20campaign.
21     2.  Notwithstanding the limits provided in this subsection,
22an unemancipated child under the age of 18 years of age may not
23make a contribution in excess of $100 to any candidate or to any
24political committee supporting one or more candidates.
25     (c)  The contribution limits of this subsection apply to
26each election. For purposes of this subsection, the first
27primary, second primary, and general election are separate
28elections so long as the candidate is not an unopposed candidate
29as defined in s. 106.011(15). However, for the purpose of
30contribution limits with respect to candidates for retention as
31a justice or judge, there is only one election, which is the
32general election. With respect to candidates in a circuit
33holding an election for circuit judge or in a county holding an
34election for county court judge, there are only two elections,
35which are the first primary election and general election.
36     (2)(a)  A candidate may not accept contributions from
37national, state, including any subordinate committee of a
38national, state, or county committee of a political party, and
39county executive committees of a political party, which
40contributions in the aggregate exceed $50,000, no more than
41$25,000 of which may be accepted prior to the 28-day period
42immediately preceding the date of the general election.
43     (b)  Polling services, research services, costs for
44campaign staff, professional consulting services, and telephone
45calls are not contributions to be counted toward the
46contribution limits of paragraph (a). Any item not expressly
47identified in this paragraph as nonallocable is a contribution
48in an amount equal to the fair market value of the item and must
49be counted as allocable toward the $50,000 contribution limits
50of paragraph (a). Nonallocable, in-kind contributions must be
51reported by the candidate under s. 106.07 and by the political
52party under s. 106.29.
53     (2)(3)(a)  Any contribution received by a candidate with
54opposition in an election or by the campaign treasurer or a
55deputy campaign treasurer of such a candidate on the day of that
56election or less than 5 days prior to the day of that election
57must be returned by him or her to the person or committee
58contributing it and may not be used or expended by or on behalf
59of the candidate.
60     (b)  Except as otherwise provided in paragraph (c), any
61contribution received by a candidate or by the campaign
62treasurer or a deputy campaign treasurer of a candidate after
63the date at which the candidate withdraws his or her candidacy,
64or after the date the candidate is defeated, becomes unopposed,
65or is elected to office must be returned to the person or
66committee contributing it and may not be used or expended by or
67on behalf of the candidate.
68     (c)  With respect to any campaign for an office in which an
69independent or minor party candidate has filed as required in s.
7099.0955 or s. 99.096, but whose qualification is pending a
71determination by the Department of State or supervisor of
72elections as to whether or not the required number of petition
73signatures was obtained:
74     1.  The department or supervisor shall, no later than 3
75days after that determination has been made, notify in writing
76all other candidates for that office of that determination.
77     2.  Any contribution received by a candidate or the
78campaign treasurer or deputy campaign treasurer of a candidate
79after the candidate has been notified in writing by the
80department or supervisor that he or she has become unopposed as
81a result of an independent or minor party candidate failing to
82obtain the required number of petition signatures shall be
83returned to the person, political committee, or committee of
84continuous existence contributing it and shall not be used or
85expended by or on behalf of the candidate.
86     (3)(4)  Any contribution received by the chair, campaign
87treasurer, or deputy campaign treasurer of a political committee
88supporting or opposing a candidate with opposition in an
89election or supporting or opposing an issue on the ballot in an
90election on the day of that election or less than 5 days prior
91to the day of that election may not be obligated or expended by
92the committee until after the date of the election.
93     (4)(5)(a)  A person may not make any contribution through
94or in the name of another, directly or indirectly, in any
95election.
96     (b)  Candidates, political committees, and political
97parties may not solicit contributions from any religious,
98charitable, civic, or other causes or organizations established
99primarily for the public good.
100     (c)  Candidates, political committees, and political
101parties may not make contributions, in exchange for political
102support, to any religious, charitable, civic, or other cause or
103organization established primarily for the public good. It is
104not a violation of this paragraph for:
105     1.  A candidate, political committee, or political party
106executive committee to make gifts of money in lieu of flowers in
107memory of a deceased person;
108     2.  A candidate to continue membership in, or make regular
109donations from personal or business funds to, religious,
110political party, civic, or charitable groups of which the
111candidate is a member or to which the candidate has been a
112regular donor for more than 6 months; or
113     3.  A candidate to purchase, with campaign funds, tickets,
114admission to events, or advertisements from religious, civic,
115political party, or charitable groups.
116     (5)(6)  A political party may not accept any contribution
117which has been specifically designated for the partial or
118exclusive use of a particular candidate. Any contribution so
119designated must be returned to the contributor and may not be
120used or expended by or on behalf of the candidate.
121     (6)(7)(a)  Any person who knowingly and willfully makes no
122more than one contribution in violation of subsection (1) or
123subsection (4)(5), or any person who knowingly and willfully
124fails or refuses to return any contribution as required in
125subsection (2)(3), commits a misdemeanor of the first degree,
126punishable as provided in s. 775.082 or s. 775.083. If any
127corporation, partnership, or other business entity or any
128political party, political committee, or committee of continuous
129existence is convicted of knowingly and willfully violating any
130provision punishable under this paragraph, it shall be fined not
131less than $1,000 and not more than $10,000. If it is a domestic
132entity, it may be ordered dissolved by a court of competent
133jurisdiction; if it is a foreign or nonresident business entity,
134its right to do business in this state may be forfeited. Any
135officer, partner, agent, attorney, or other representative of a
136corporation, partnership, or other business entity or of a
137political party, political committee, or committee of continuous
138existence who aids, abets, advises, or participates in a
139violation of any provision punishable under this paragraph
140commits a misdemeanor of the first degree, punishable as
141provided in s. 775.082 or s. 775.083.
142     (b)  Any person who knowingly and willfully makes two or
143more contributions in violation of subsection (1) or subsection
144(4)(5) commits a felony of the third degree, punishable as
145provided in s. 775.082, s. 775.083, or s. 775.084. If any
146corporation, partnership, or other business entity or any
147political party, political committee, or committee of continuous
148existence is convicted of knowingly and willfully violating any
149provision punishable under this paragraph, it shall be fined not
150less than $10,000 and not more than $50,000. If it is a domestic
151entity, it may be ordered dissolved by a court of competent
152jurisdiction; if it is a foreign or nonresident business entity,
153its right to do business in this state may be forfeited. Any
154officer, partner, agent, attorney, or other representative of a
155corporation, partnership, or other business entity, or of a
156political committee, committee of continuous existence, or
157political party who aids, abets, advises, or participates in a
158violation of any provision punishable under this paragraph
159commits a felony of the third degree, punishable as provided in
160s. 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
163provision of this section shall, in addition to any other
164penalty prescribed by this chapter, pay to the state a sum equal
165to twice the amount contributed in violation of this chapter.
166Each campaign treasurer shall pay all amounts contributed in
167violation of this section to the state for deposit in the
168General Revenue Fund.
169     (8)(9)  This section does not apply to the transfer of
170funds between a primary campaign depository and a savings
171account or certificate of deposit or to any interest earned on
172such account or certificate.
173     Section 46.  Paragraph (a) of subsection (1) of section
174106.087, Florida Statutes, is amended to read:
175     106.087  Independent expenditures; contribution limits;
176restrictions on political parties, political committees, and
177committees of continuous existence.--
178     (1)(a)  As a condition of receiving a rebate of filing fees
179and party assessment funds pursuant to s. 99.061(2), s.
18099.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
181treasurer of a state or county executive committee shall take
182and subscribe to an oath or affirmation in writing. During the
183qualifying period for state candidates and prior to distribution
184of such funds, a printed copy of the oath or affirmation shall
185be filed with the Secretary of State and shall be substantially
186in the following form:
187
188State of Florida
189County of_____
190     Before me, an officer authorized to administer oaths,
191personally appeared   (name)  , to me well known, who, being
192sworn, says that he or she is the   (title)   of the   (name of
193party)     (state or specified county)   executive committee;
194that the executive committee has not made, either directly or
195indirectly, an independent expenditure in support of or
196opposition to a candidate or elected public official in the
197prior 6 months; and that the executive committee will not make,
198either directly or indirectly, an independent expenditure in
199support of or opposition to a candidate or elected public
200official, through and including the upcoming general election;
201and that the executive committee will not violate the
202contribution limits applicable to candidates under s. 106.08(2),
203Florida Statutes.
204  (Signature of committee officer)  
205  (Address)  
206
207Sworn 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
211Statutes, is amended to read:
212     106.29  Reports by political parties; restrictions on
213contributions and expenditures; penalties.--
214     (6)(a)  The national, state, and county executive
215committees of a political party may not contribute to any
216candidate any amount in excess of the limits contained in s.
217106.08(2), and all contributions required to be reported under
218s. 106.08(2) by the national executive committee of a political
219party shall be reported by the state executive committee of that
220political party.
221     (b)  A violation of the contribution limits contained in s.
222106.08(2) is a misdemeanor of the first degree, punishable as
223provided in s. 775.082 or s. 775.083. A civil penalty equal to
224three times the amount in excess of the limits contained in s.
225106.08(2) shall be assessed against any executive committee
226found in violation thereof.
227
228================ T I T L E  A M E N D M E N T =============
229     Remove line(s) 144 and insert:
230conform; amending s. 106.08, F.S.; revising provisions relating
231to campaign contribution limits; amending ss. 106.087 and
232106.29, F.S., to conform; amending s. 106.34, F.S.; revising
233provisions


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