| 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 Section 106.04, Florida Statutes, is repealed.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. |