1 | Representative(s) Gottlieb offered the following: |
2 |
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3 | Amendment to Amendment (426201 ) (with title amendment) |
4 | Between line(s) 2131-2132, insert: |
5 | Section 48. Section 106.04, Florida Statutes, is repealed. |
6 | Section 49. Subsection (3) of section 101.62, Florida |
7 | Statutes, is amended to read: |
8 | 101.62 Request for absentee ballots.-- |
9 | (3) For each request for an absentee ballot received, the |
10 | supervisor shall record the date the request was made, the date |
11 | the absentee ballot was delivered or mailed, the date the ballot |
12 | was received by the supervisor, and such other information he or |
13 | she may deem necessary. This information shall be confidential |
14 | and exempt from the provisions of s. 119.07(1) and shall be made |
15 | available to or reproduced only for a canvassing board, an |
16 | election official, a political party or official thereof, a |
17 | candidate who has filed qualification papers and is opposed in |
18 | an upcoming election, and registered political committees or |
19 | registered committees of continuous existence, for political |
20 | purposes only. |
21 | Section 50. Paragraph (c) of subsection (3) of section |
22 | 102.031, Florida Statutes, is amended to read: |
23 | 102.031 Maintenance of good order at polls; authorities; |
24 | persons allowed in polling rooms; unlawful solicitation of |
25 | voters.-- |
26 | (3) |
27 | (c) No person, political committee, committee of |
28 | continuous existence, or other group or organization may solicit |
29 | voters within 50 feet of the entrance to any polling place, or |
30 | polling room where the polling place is also a polling room, on |
31 | the day of any election. |
32 | 1. Solicitation shall not be restricted if: |
33 | a. Conducted from a separately marked area within the 50- |
34 | foot zone so as not to disturb, hinder, impede, obstruct, or |
35 | interfere with voter access to the polling place or polling room |
36 | entrance; and |
37 | b. The solicitation activities and subject matter are |
38 | clearly and easily identifiable by the voters as an activity in |
39 | which they may voluntarily participate; or |
40 | c. Conducted on property within the 50-foot zone which is |
41 | a residence, established business, private property, sidewalk, |
42 | park, or property traditionally utilized as a public area for |
43 | discussion. |
44 | 2. Solicitation shall not be permitted within the 50-foot |
45 | zone on a public sidewalk or other similar means of access to |
46 | the polling room if it is clearly identifiable to the poll |
47 | workers that the solicitation is impeding, obstructing, or |
48 | interfering with voter access to the polling room or polling |
49 | place. |
50 | Section 51. Subsection (1) of section 106.011, Florida |
51 | Statutes, is amended, subsection (2) of said section is |
52 | repealed, subsections (3) through (18) are renumbered as |
53 | subsections (2) through (17), respectively, and paragraph (b) of |
54 | present subsection (3), paragraph (b) of present subsection (5), |
55 | and present subsections (8) and (14) of said section are |
56 | amended, to read: |
57 | 106.011 Definitions.--As used in this chapter, the |
58 | following terms have the following meanings unless the context |
59 | clearly indicates otherwise: |
60 | (1)(a) "Political committee" means: |
61 | 1. A combination of two or more individuals, or a person |
62 | other than an individual, that, in an aggregate amount in excess |
63 | of $500 during a single calendar year: |
64 | a. Accepts contributions for the purpose of making |
65 | contributions to any candidate, political committee, committee |
66 | of continuous existence, or political party; |
67 | b. Accepts contributions for the purpose of expressly |
68 | advocating the election or defeat of a candidate or the passage |
69 | or defeat of an issue; |
70 | c. Makes expenditures that expressly advocate the election |
71 | or defeat of a candidate or the passage or defeat of an issue; |
72 | or |
73 | d. Makes contributions to a common fund, other than a |
74 | joint checking account between spouses, from which contributions |
75 | are made to any candidate, political committee, committee of |
76 | continuous existence, or political party; |
77 | 2. The sponsor of a proposed constitutional amendment by |
78 | initiative who intends to seek the signatures of registered |
79 | electors. |
80 | (b) Notwithstanding paragraph (a), the following entities |
81 | are not considered political committees for purposes of this |
82 | chapter: |
83 | 1. Organizations which are certified by the Department of |
84 | State as committees of continuous existence pursuant to s. |
85 | 106.04, National political parties, and the state and county |
86 | executive committees of political parties regulated by chapter |
87 | 103. |
88 | 2. Corporations regulated by chapter 607 or chapter 617 or |
89 | other business entities formed for purposes other than to |
90 | support or oppose issues or candidates, if their political |
91 | activities are limited to contributions to candidates, political |
92 | parties, or political committees or expenditures in support of |
93 | or opposition to an issue from corporate or business funds and |
94 | if no contributions are received by such corporations or |
95 | business entities. |
96 | 3. Organizations whose activities are limited to making |
97 | expenditures for electioneering communications or accepting |
98 | contributions for the purpose of making electioneering |
99 | communications; however, such organizations shall be required to |
100 | register and report contributions, including those received from |
101 | committees of continuous existence, and expenditures in the same |
102 | manner, at the same time, subject to the same penalties, and |
103 | with the same filing officer as a political committee supporting |
104 | or opposing a candidate or issue contained in the electioneering |
105 | communication. If any such organization would be required to |
106 | register and report with more than one filing officer, the |
107 | organization shall register and report solely with the Division |
108 | of Elections. |
109 | (2) "Committee of continuous existence" means any group, |
110 | organization, association, or other such entity which is |
111 | certified pursuant to the provisions of s. 106.04. |
112 | (2)(3) "Contribution" means: |
113 | (b) A transfer of funds between political committees, |
114 | between committees of continuous existence, or between a |
115 | political committee and a committee of continuous existence. |
116 |
|
117 | Notwithstanding the foregoing meanings of "contribution," the |
118 | word shall not be construed to include services, including, but |
119 | not limited to, legal and accounting services, provided without |
120 | compensation by individuals volunteering a portion or all of |
121 | their time on behalf of a candidate or political committee. This |
122 | definition shall not be construed to include editorial |
123 | endorsements. |
124 | (4)(5) |
125 | (b) An expenditure for the purpose of expressly advocating |
126 | the election or defeat of a candidate which is made by the |
127 | national, state, or county executive committee of a political |
128 | party, including any subordinate committee of a national, state, |
129 | or county committee of a political party, or by any political |
130 | committee or committee of continuous existence, or any other |
131 | person, shall not be considered an independent expenditure if |
132 | the committee or person: |
133 | 1. Communicates with the candidate, the candidate's |
134 | campaign, or an agent of the candidate acting on behalf of the |
135 | candidate, including any pollster, media consultant, advertising |
136 | agency, vendor, advisor, or staff member, concerning the |
137 | preparation of, use of, or payment for, the specific expenditure |
138 | or advertising campaign at issue; or |
139 | 2. Makes a payment in cooperation, consultation, or |
140 | concert with, at the request or suggestion of, or pursuant to |
141 | any general or particular understanding with the candidate, the |
142 | candidate's campaign, a political committee supporting the |
143 | candidate, or an agent of the candidate relating to the specific |
144 | expenditure or advertising campaign at issue; or |
145 | 3. Makes a payment for the dissemination, distribution, or |
146 | republication, in whole or in part, of any broadcast or any |
147 | written, graphic, or other form of campaign material prepared by |
148 | the candidate, the candidate's campaign, or an agent of the |
149 | candidate, including any pollster, media consultant, advertising |
150 | agency, vendor, advisor, or staff member; or |
151 | 4. Makes a payment based on information about the |
152 | candidate's plans, projects, or needs communicated to a member |
153 | of the committee or person by the candidate or an agent of the |
154 | candidate, provided the committee or person uses the information |
155 | in any way, in whole or in part, either directly or indirectly, |
156 | to design, prepare, or pay for the specific expenditure or |
157 | advertising campaign at issue; or |
158 | 5. After the last day of qualifying for statewide or |
159 | legislative office, consults about the candidate's plans, |
160 | projects, or needs in connection with the candidate's pursuit of |
161 | election to office and the information is used in any way to |
162 | plan, create, design, or prepare an independent expenditure or |
163 | advertising campaign, with: |
164 | a. Any officer, director, employee, or agent of a |
165 | national, state, or county executive committee of a political |
166 | party that has made or intends to make expenditures in |
167 | connection with or contributions to the candidate; or |
168 | b. Any person whose professional services have been |
169 | retained by a national, state, or county executive committee of |
170 | a political party that has made or intends to make expenditures |
171 | in connection with or contributions to the candidate; or |
172 | 6. After the last day of qualifying for statewide or |
173 | legislative office, retains the professional services of any |
174 | person also providing those services to the candidate in |
175 | connection with the candidate's pursuit of election to office; |
176 | or |
177 | 7. Arranges, coordinates, or directs the expenditure, in |
178 | any way, with the candidate or an agent of the candidate. |
179 | (7)(8) "Person" means an individual or a corporation, |
180 | association, firm, partnership, joint venture, joint stock |
181 | company, club, organization, estate, trust, business trust, |
182 | syndicate, or other combination of individuals having collective |
183 | capacity. The term includes a political party or, political |
184 | committee, or committee of continuous existence. |
185 | (13)(14) "Filing officer" means the person before whom a |
186 | candidate qualifies, the agency or officer with whom a political |
187 | committee registers, or the agency by whom a committee of |
188 | continuous existence is certified. |
189 | Section 52. Paragraphs (a) and (d) of subsection (1) and |
190 | subsection (7) of section 106.07, Florida Statutes, are amended |
191 | to read: |
192 | 106.07 Reports; certification and filing.-- |
193 | (1) Each campaign treasurer designated by a candidate or |
194 | political committee pursuant to s. 106.021 shall file regular |
195 | reports of all contributions received, and all expenditures |
196 | made, by or on behalf of such candidate or political committee. |
197 | Reports shall be filed on the 10th day following the end of each |
198 | calendar quarter from the time the campaign treasurer is |
199 | appointed, except that, if the 10th day following the end of a |
200 | calendar quarter occurs on a Saturday, Sunday, or legal holiday, |
201 | the report shall be filed on the next following day which is not |
202 | a Saturday, Sunday, or legal holiday. Quarterly reports shall |
203 | include all contributions received and expenditures made during |
204 | the calendar quarter which have not otherwise been reported |
205 | pursuant to this section. |
206 | (a) Except as provided in paragraph (b), following the |
207 | last day of qualifying for office, the reports shall be filed on |
208 | the 32nd, 18th, and 4th days immediately preceding the first |
209 | primary and on the 18th and 4th days immediately preceding the |
210 | second primary and general election, for a candidate who is |
211 | opposed in seeking nomination or election to any office or, for |
212 | a political committee, or for a committee of continuous |
213 | existence. |
214 | (d)1. When a special election is called to fill a vacancy |
215 | in office, all political committees and committees of continuous |
216 | existence making contributions or expenditures to influence the |
217 | results of such special election shall file campaign treasurers' |
218 | reports with the filing officer on the dates set by the |
219 | Department of State pursuant to s. 100.111. |
220 | 2. When an election is called for an issue to appear on |
221 | the ballot at a time when no candidates are scheduled to appear |
222 | on the ballot, all political committees making contributions or |
223 | expenditures in support of or in opposition to such issue shall |
224 | file reports on the 18th and 4th days prior to such election. |
225 | (7) Notwithstanding any other provisions of this chapter, |
226 | in any reporting period during which a candidate or, political |
227 | committee, or committee of continuous existence has not received |
228 | funds, made any contributions, or expended any reportable funds, |
229 | the filing of the required report for that period is waived. |
230 | However, the next report filed must specify that the report |
231 | covers the entire period between the last submitted report and |
232 | the report being filed, and any candidate or, political |
233 | committee, or committee of continuous existence not reporting by |
234 | virtue of this subsection on dates prescribed elsewhere in this |
235 | chapter shall notify the filing officer in writing on the |
236 | prescribed reporting date that no report is being filed on that |
237 | date. |
238 | Section 53. Paragraph (b) of subsection (2) and |
239 | subsections (3) and (4) of section 106.0705, Florida Statutes, |
240 | are amended to read: |
241 | 106.0705 Electronic filing of campaign treasurer's |
242 | reports.-- |
243 | (2) |
244 | (b) Each political committee, committee of continuous |
245 | existence, or state executive committee that is required to file |
246 | reports with the division under s. 106.04, s. 106.07, or s. |
247 | 106.29, as applicable, must file such reports with the division |
248 | by means of the division's electronic filing system. |
249 | (3) Reports filed pursuant to this section shall be |
250 | completed and filed through the electronic filing system not |
251 | later than midnight of the day designated. Reports not filed by |
252 | midnight of the day designated are late filed and are subject to |
253 | the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3), |
254 | as applicable. |
255 | (4) Each report filed pursuant to this section is |
256 | considered to be under oath by the candidate and treasurer or |
257 | the chair and treasurer, whichever is applicable, and such |
258 | persons are subject to the provisions of s. 106.04(4)(d), s. |
259 | 106.07(5), or s. 106.29(2), as applicable. Persons given a |
260 | secure sign-on to the electronic filing system are responsible |
261 | for protecting such from disclosure and are responsible for all |
262 | filings using such credentials, unless they have notified the |
263 | division that their credentials have been compromised. |
264 | Section 54. Paragraph (a) of subsection (1), paragraph (c) |
265 | of subsection (3), and subsection (7) of section 106.08, Florida |
266 | Statutes, are amended to read: |
267 | 106.08 Contributions; limitations on.-- |
268 | (1)(a) Except for political parties, no person or, |
269 | political committee, or committee of continuous existence may, |
270 | in any election, make contributions in excess of $500 to any |
271 | candidate for election to or retention in office or to any |
272 | political committee supporting or opposing one or more |
273 | candidates. Candidates for the offices of Governor and |
274 | Lieutenant Governor on the same ticket are considered a single |
275 | candidate for the purpose of this section. |
276 | (3) |
277 | (c) With respect to any campaign for an office in which an |
278 | independent or minor party candidate has filed as required in s. |
279 | 99.0955 or s. 99.096, but whose qualification is pending a |
280 | determination by the Department of State or supervisor of |
281 | elections as to whether or not the required number of petition |
282 | signatures was obtained: |
283 | 1. The department or supervisor shall, no later than 3 |
284 | days after that determination has been made, notify in writing |
285 | all other candidates for that office of that determination. |
286 | 2. Any contribution received by a candidate or the |
287 | campaign treasurer or deputy campaign treasurer of a candidate |
288 | after the candidate has been notified in writing by the |
289 | department or supervisor that he or she has become unopposed as |
290 | a result of an independent or minor party candidate failing to |
291 | obtain the required number of petition signatures shall be |
292 | returned to the person or, political committee, or committee of |
293 | continuous existence contributing it and shall not be used or |
294 | expended by or on behalf of the candidate. |
295 | (7)(a) Any person who knowingly and willfully makes no |
296 | more than one contribution in violation of subsection (1) or |
297 | subsection (5), or any person who knowingly and willfully fails |
298 | or refuses to return any contribution as required in subsection |
299 | (3), commits a misdemeanor of the first degree, punishable as |
300 | provided in s. 775.082 or s. 775.083. If any corporation, |
301 | partnership, or other business entity or any political party or, |
302 | political committee, or committee of continuous existence is |
303 | convicted of knowingly and willfully violating any provision |
304 | punishable under this paragraph, it shall be fined not less than |
305 | $1,000 and not more than $10,000. If it is a domestic entity, it |
306 | may be ordered dissolved by a court of competent jurisdiction; |
307 | if it is a foreign or nonresident business entity, its right to |
308 | do business in this state may be forfeited. Any officer, |
309 | partner, agent, attorney, or other representative of a |
310 | corporation, partnership, or other business entity or of a |
311 | political party or, political committee, or committee of |
312 | continuous existence who aids, abets, advises, or participates |
313 | in a violation of any provision punishable under this paragraph |
314 | commits a misdemeanor of the first degree, punishable as |
315 | provided in s. 775.082 or s. 775.083. |
316 | (b) Any person who knowingly and willfully makes two or |
317 | more contributions in violation of subsection (1) or subsection |
318 | (5) commits a felony of the third degree, punishable as provided |
319 | in s. 775.082, s. 775.083, or s. 775.084. If any corporation, |
320 | partnership, or other business entity or any political party or, |
321 | political committee, or committee of continuous existence is |
322 | convicted of knowingly and willfully violating any provision |
323 | punishable under this paragraph, it shall be fined not less than |
324 | $10,000 and not more than $50,000. If it is a domestic entity, |
325 | it may be ordered dissolved by a court of competent |
326 | jurisdiction; if it is a foreign or nonresident business entity, |
327 | its right to do business in this state may be forfeited. Any |
328 | officer, partner, agent, attorney, or other representative of a |
329 | corporation, partnership, or other business entity, or of a |
330 | political committee, committee of continuous existence, or |
331 | political party who aids, abets, advises, or participates in a |
332 | violation of any provision punishable under this paragraph |
333 | commits a felony of the third degree, punishable as provided in |
334 | s. 775.082, s. 775.083, or s. 775.084. |
335 | Section 55. Section 106.082, Florida Statutes, is amended |
336 | to read: |
337 | 106.082 Commissioner of Agriculture candidates; campaign |
338 | contribution limits.-- |
339 | (1) No business which is inspected, licensed, or otherwise |
340 | authorized to do business as a food outlet or convenience store |
341 | pursuant to chapter 500; or any director, officer, lobbyist, or |
342 | controlling interest of that business; and no political |
343 | committee or committee of continuous existence representing the |
344 | interests of such business shall make or solicit a contribution |
345 | in excess of $100, for any election, to or on behalf of any |
346 | candidate for the office of Commissioner of Agriculture. The |
347 | provisions of this subsection shall not prevent any candidate |
348 | for the office of Commissioner of Agriculture or members of that |
349 | candidate's immediate family from contributing to that |
350 | candidate's campaign as otherwise permitted by law. |
351 | (2) No candidate for the office of Commissioner of |
352 | Agriculture may solicit or accept a campaign contribution in |
353 | excess of $100 from any business or person who is licensed or |
354 | inspected or otherwise authorized to do business as a food |
355 | outlet or convenience store pursuant to chapter 500; or any |
356 | director, officer, lobbyist, or controlling interest of that |
357 | person or business; or any political committee or committee of |
358 | continuous existence that represents that person. |
359 | (3) No employee of the Department of Agriculture may |
360 | solicit a campaign contribution for any candidate for the office |
361 | of Commissioner of Agriculture from any person or business who |
362 | is licensed, inspected, or otherwise authorized to do business |
363 | as a food outlet or convenience store pursuant to chapter 500; |
364 | or any director, officer, lobbyist, or controlling interest of |
365 | that person; or any political committee or committee of |
366 | continuous existence that represents that person. For purposes |
367 | of this section, "employee of the department" means any person |
368 | employed in the Department of Agriculture holding a position in |
369 | the Senior Management Service as defined in s. 110.402; any |
370 | person holding a position in the Selected Exempt Service as |
371 | defined in s. 110.602; any person having authority over food |
372 | outlet or convenience store regulation, or inspection |
373 | supervision; or any person, hired on a contractual basis, having |
374 | the power normally conferred upon such person, by whatever |
375 | title. |
376 | (4) Any person who commits a willful violation of this |
377 | section commits a misdemeanor of the first degree, punishable as |
378 | provided in s. 775.082 or s. 775.083. |
379 | Section 56. Subsection (2) of section 106.087, Florida |
380 | Statutes, is amended to read: |
381 | 106.087 Independent expenditures; contribution limits; |
382 | restrictions on political parties and, political committees, and |
383 | committees of continuous existence.-- |
384 | (2)(a) Any political committee or committee of continuous |
385 | existence that accepts the use of public funds, equipment, |
386 | personnel, or other resources to collect dues from its members |
387 | agrees not to make independent expenditures in support of or |
388 | opposition to a candidate or elected public official. However, |
389 | expenditures may be made for the sole purpose of jointly |
390 | endorsing three or more candidates. |
391 | (b) Any political committee or committee of continuous |
392 | existence that violates this subsection is liable for a civil |
393 | fine of up to $5,000 to be determined by the Florida Elections |
394 | Commission or the entire amount of the expenditures, whichever |
395 | is greater. |
396 | Section 57. Paragraph (b) of subsection (3) of section |
397 | 106.147, Florida Statutes, is amended to read: |
398 | 106.147 Telephone solicitation; disclosure requirements; |
399 | prohibitions; exemptions; penalties.-- |
400 | (3) |
401 | (b) For purposes of paragraph (a), the term "person" |
402 | includes any candidate; any officer of any political committee, |
403 | committee of continuous existence, or political party executive |
404 | committee; any officer, partner, attorney, or other |
405 | representative of a corporation, partnership, or other business |
406 | entity; and any agent or other person acting on behalf of any |
407 | candidate, political committee, committee of continuous |
408 | existence, political party executive committee, or corporation, |
409 | partnership, or other business entity. |
410 | Section 58. Subsection (2) of section 106.23, Florida |
411 | Statutes, is amended to read: |
412 | 106.23 Powers of the Division of Elections.-- |
413 | (2) The Division of Elections shall provide advisory |
414 | opinions when requested by any supervisor of elections, |
415 | candidate, local officer having election-related duties, |
416 | political party, political committee, committee of continuous |
417 | existence, or other person or organization engaged in political |
418 | activity, relating to any provisions or possible violations of |
419 | Florida election laws with respect to actions such supervisor, |
420 | candidate, local officer having election-related duties, |
421 | political party, committee, person, or organization has taken or |
422 | proposes to take. Requests for advisory opinions must be |
423 | submitted in accordance with rules adopted by the Department of |
424 | State. A written record of all such opinions issued by the |
425 | division, sequentially numbered, dated, and indexed by subject |
426 | matter, shall be retained. A copy shall be sent to said person |
427 | or organization upon request. Any such person or organization, |
428 | acting in good faith upon such an advisory opinion, shall not be |
429 | subject to any criminal penalty provided for in this chapter. |
430 | The opinion, until amended or revoked, shall be binding on any |
431 | person or organization who sought the opinion or with reference |
432 | to whom the opinion was sought, unless material facts were |
433 | omitted or misstated in the request for the advisory opinion. |
434 | Section 59. Paragraphs (c) and (d) of subsection (1) and |
435 | subsection (2) of section 106.265, Florida Statutes, are amended |
436 | to read: |
437 | 106.265 Civil penalties.-- |
438 | (1) The commission is authorized upon the finding of a |
439 | violation of this chapter or chapter 104 to impose civil |
440 | penalties in the form of fines not to exceed $1,000 per count. |
441 | In determining the amount of such civil penalties, the |
442 | commission shall consider, among other mitigating and |
443 | aggravating circumstances: |
444 | (c) The appropriateness of such penalty to the financial |
445 | resources of the person, political committee, committee of |
446 | continuous existence, or political party; and |
447 | (d) Whether the person, political committee, committee of |
448 | continuous existence, or political party has shown good faith in |
449 | attempting to comply with the provisions of this chapter or |
450 | chapter 104. |
451 | (2) If any person, political committee, committee of |
452 | continuous existence, or political party fails or refuses to pay |
453 | to the commission any civil penalties assessed pursuant to the |
454 | provisions of this section, the commission shall be responsible |
455 | for collecting the civil penalties resulting from such action. |
456 | Section 60. Subsection (2) of section 106.27, Florida |
457 | Statutes, is amended to read: |
458 | 106.27 Determinations by commission; legal disposition.-- |
459 | (2) Civil actions may be brought by the commission for |
460 | relief, including permanent or temporary injunctions, |
461 | restraining orders, or any other appropriate order for the |
462 | imposition of civil penalties provided by this chapter. Such |
463 | civil actions shall be brought by the commission in the |
464 | appropriate court of competent jurisdiction, and the venue shall |
465 | be in the county in which the alleged violation occurred or in |
466 | which the alleged violator or violators are found, reside, or |
467 | transact business. Upon a proper showing that such person, |
468 | political committee, committee of continuous existence, or |
469 | political party has engaged, or is about to engage, in |
470 | prohibited acts or practices, a permanent or temporary |
471 | injunction, restraining order, or other order shall be granted |
472 | without bond by such court, and the civil fines provided by this |
473 | chapter may be imposed. |
474 | Section 61. Section 111.075, Florida Statutes, is amended |
475 | to read: |
476 | 111.075 Elected officials; prohibition concerning certain |
477 | committees.--Elected officials are prohibited from being |
478 | employed by, or acting as a consultant for compensation to, a |
479 | political committee or committee of continuous existence. |
480 | Section 62. Subsections (3) and (4) and paragraph (a) of |
481 | subsection (5), of section 112.3148, Florida Statutes, are |
482 | amended to read: |
483 | 112.3148 Reporting and prohibited receipt of gifts by |
484 | individuals filing full or limited public disclosure of |
485 | financial interests and by procurement employees.-- |
486 | (3) A reporting individual or procurement employee is |
487 | prohibited from soliciting any gift from a political committee |
488 | or committee of continuous existence, as defined in s. 106.011, |
489 | or from a lobbyist who lobbies the reporting individual's or |
490 | procurement employee's agency, or the partner, firm, employer, |
491 | or principal of such lobbyist, where such gift is for the |
492 | personal benefit of the reporting individual or procurement |
493 | employee, another reporting individual or procurement employee, |
494 | or any member of the immediate family of a reporting individual |
495 | or procurement employee. |
496 | (4) A reporting individual or procurement employee or any |
497 | other person on his or her behalf is prohibited from knowingly |
498 | accepting, directly or indirectly, a gift from a political |
499 | committee or committee of continuous existence, as defined in s. |
500 | 106.011, or from a lobbyist who lobbies the reporting |
501 | individual's or procurement employee's agency, or directly or |
502 | indirectly on behalf of the partner, firm, employer, or |
503 | principal of a lobbyist, if he or she knows or reasonably |
504 | believes that the gift has a value in excess of $100; however, |
505 | such a gift may be accepted by such person on behalf of a |
506 | governmental entity or a charitable organization. If the gift is |
507 | accepted on behalf of a governmental entity or charitable |
508 | organization, the person receiving the gift shall not maintain |
509 | custody of the gift for any period of time beyond that |
510 | reasonably necessary to arrange for the transfer of custody and |
511 | ownership of the gift. |
512 | (5)(a) A political committee or a committee of continuous |
513 | existence, as defined in s. 106.011; a lobbyist who lobbies a |
514 | reporting individual's or procurement employee's agency; the |
515 | partner, firm, employer, or principal of a lobbyist; or another |
516 | on behalf of the lobbyist or partner, firm, principal, or |
517 | employer of the lobbyist is prohibited from giving, either |
518 | directly or indirectly, a gift that has a value in excess of |
519 | $100 to the reporting individual or procurement employee or any |
520 | other person on his or her behalf; however, such person may give |
521 | a gift having a value in excess of $100 to a reporting |
522 | individual or procurement employee if the gift is intended to be |
523 | transferred to a governmental entity or a charitable |
524 | organization. |
525 | Section 63. Subsections (3) and (4) of section 112.3149, |
526 | Florida Statutes, are amended to read: |
527 | 112.3149 Solicitation and disclosure of honoraria.-- |
528 | (3) A reporting individual or procurement employee is |
529 | prohibited from knowingly accepting an honorarium from a |
530 | political committee or committee of continuous existence, as |
531 | defined in s. 106.011, from a lobbyist who lobbies the reporting |
532 | individual's or procurement employee's agency, or from the |
533 | employer, principal, partner, or firm of such a lobbyist. |
534 | (4) A political committee or committee of continuous |
535 | existence, as defined in s. 106.011, a lobbyist who lobbies a |
536 | reporting individual's or procurement employee's agency, or the |
537 | employer, principal, partner, or firm of such a lobbyist is |
538 | prohibited from giving an honorarium to a reporting individual |
539 | or procurement employee. |
540 | Section 64. Subsection (4) of section 1004.28, Florida |
541 | Statutes, is amended to read: |
542 | 1004.28 Direct-support organizations; use of property; |
543 | board of directors; activities; audit; facilities.-- |
544 | (4) ACTIVITIES; RESTRICTION.--A university direct-support |
545 | organization is prohibited from giving, either directly or |
546 | indirectly, any gift to a political committee or committee of |
547 | continuous existence as defined in s. 106.011 for any purpose |
548 | other than those certified by a majority roll call vote of the |
549 | governing board of the direct-support organization at a |
550 | regularly scheduled meeting as being directly related to the |
551 | educational mission of the university. |
552 | Section 65. Paragraph (d) of subsection (4) of section |
553 | 1004.70, Florida Statutes, is amended to read: |
554 | 1004.70 Community college direct-support organizations.-- |
555 | (4) ACTIVITIES; RESTRICTIONS.-- |
556 | (d) A community college direct-support organization is |
557 | prohibited from giving, either directly or indirectly, any gift |
558 | to a political committee or committee of continuous existence as |
559 | defined in s. 106.011 for any purpose other than those certified |
560 | by a majority roll call vote of the governing board of the |
561 | direct-support organization at a regularly scheduled meeting as |
562 | being directly related to the educational mission of the |
563 | community college. |
564 | Section 66. Paragraph (c) of subsection (4) of section |
565 | 1004.71, Florida Statutes, is amended to read: |
566 | 1004.71 Statewide community college direct-support |
567 | organizations.-- |
568 | (4) RESTRICTIONS.-- |
569 | (c) A statewide community college direct-support |
570 | organization is prohibited from giving, either directly or |
571 | indirectly, any gift to a political committee or committee of |
572 | continuous existence as defined in s. 106.011 for any purpose |
573 | other than those certified by a majority roll call vote of the |
574 | governing board of the direct-support organization at a |
575 | regularly scheduled meeting as being directly related to the |
576 | educational mission of the State Board of Education. |
577 |
|
578 | ================ T I T L E A M E N D M E N T ============= |
579 | Remove line(s) 2304 and insert: |
580 | repealing s. 106.04, F.S., relating to committees of continuous |
581 | existence; amending ss. 101.62, 102.031, 106.011, 106.07, |
582 | 106.0705, 106.08, 106.082, 106.087, 106.12, 106.147, 106.148, |
583 | 106.23, 106.265, 106.27, 106.29, 106.33, 111.075, 112.3148, |
584 | 112.3149, 627.0623, 655.019, 1004.28, 1004.70, and 1004.71, |
585 | F.S.; removing or correcting references, to conform; providing |
586 | effective dates. |