Amendment
Bill No. 1037
Amendment No. 975655
CHAMBER ACTION
Senate House
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1Representative(s) Gelber offered the following:
2
3     Amendment (with title amendment)
4     Remove line 54 and insert:
5
6     Section 2.  Subsections (1), (3), (4), (13), and (18) of
7section 106.011, Florida Statutes, are amended, and subsection
8(19) is added to that section, to read:
9     106.011  Definitions.--As used in this chapter, the
10following terms have the following meanings unless the context
11clearly indicates otherwise:
12     (1)(a)  "Political committee" means:
13     1.  A combination of two or more individuals, or a person
14other than an individual, that, in an aggregate amount in excess
15of $500 during a single calendar year:
16     a.  Accepts contributions for the purpose of making
17contributions to any candidate, political committee, committee
18of continuous existence, or political party;
19     b.  Accepts contributions for the purpose of expressly
20advocating the election or defeat of a candidate or the passage
21or defeat of an issue;
22     c.  Makes expenditures that expressly advocate the election
23or defeat of a candidate or the passage or defeat of an issue;
24or
25     d.  Makes contributions to a common fund, other than a
26joint checking account between spouses, from which contributions
27are made to any candidate, political committee, committee of
28continuous existence, or political party;
29     2.  The sponsor of a proposed constitutional amendment by
30initiative who intends to seek the signatures of registered
31electors.
32     (b)  Notwithstanding paragraph (a), the following entities
33are not considered political committees for purposes of this
34chapter:
35     1.  Organizations which are certified by the Department of
36State as committees of continuous existence pursuant to s.
37106.04, national political parties, and the state and county
38executive committees of political parties regulated by chapter
39103.
40     2.  Corporations regulated by chapter 607 or chapter 617 or
41other business entities formed for purposes other than to
42support or oppose issues or candidates, if their political
43activities are limited to contributions to candidates, political
44parties, or political committees or expenditures in support of
45or opposition to an issue from corporate or business funds and
46if no contributions are received by such corporations or
47business entities.
48     3.  Electioneering communications organizations as defined
49in subsection (19) Organizations whose activities are limited to
50making expenditures for electioneering communications or
51accepting contributions for the purpose of making electioneering
52communications; however, such organizations shall be required to
53register with and report expenditures and contributions,
54including contributions those received from committees of
55continuous existence, to the Division of Elections and
56expenditures in the same manner, at the same time, and subject
57to the same penalties, and with the same filing officer as a
58political committee supporting or opposing an issue or a
59legislative a candidate, except as otherwise specifically
60provided in this chapter or issue contained in the
61electioneering communication. If any such organization would be
62required to register and report with more than one filing
63officer, the organization shall register and report solely with
64the Division of Elections.
65     (3)  "Contribution" means:
66     (a)  A gift, subscription, conveyance, deposit, loan,
67payment, or distribution of money or anything of value,
68including contributions in kind having an attributable monetary
69value in any form, made for the purpose of influencing the
70results of an election or making an electioneering
71communication.
72     (b)  A transfer of funds between political committees,
73between committees of continuous existence, between
74electioneering communications organizations, or between any
75combination of these groups or between a political committee and
76a committee of continuous existence.
77     (c)  The payment, by any person other than a candidate or
78political committee, of compensation for the personal services
79of another person which are rendered to a candidate or political
80committee without charge to the candidate or committee for such
81services.
82     (d)  The transfer of funds by a campaign treasurer or
83deputy campaign treasurer between a primary depository and a
84separate interest-bearing account or certificate of deposit, and
85the term includes any interest earned on such account or
86certificate.
87
88Notwithstanding the foregoing meanings of "contribution," the
89word shall not be construed to include services, including, but
90not limited to, legal and accounting services, provided without
91compensation by individuals volunteering a portion or all of
92their time on behalf of a candidate or political committee. This
93definition shall not be construed to include editorial
94endorsements.
95     (4)(a)  "Expenditure" means a purchase, payment,
96distribution, loan, advance, transfer of funds by a campaign
97treasurer or deputy campaign treasurer between a primary
98depository and a separate interest-bearing account or
99certificate of deposit, or gift of money or anything of value
100made for the purpose of influencing the results of an election
101or making an electioneering communication. However,
102"expenditure" does not include a purchase, payment,
103distribution, loan, advance, or gift of money or anything of
104value made for the purpose of influencing the results of an
105election when made by an organization, in existence prior to the
106time during which a candidate qualifies or an issue is placed on
107the ballot for that election, for the purpose of printing or
108distributing such organization's newsletter, containing a
109statement by such organization in support of or opposition to a
110candidate or issue, which newsletter is distributed only to
111members of such organization.
112     (b)  As used in this chapter, an "expenditure" for an
113electioneering communication is made when the earliest of the
114following occurs:
115     1.  A person enters into executes a contract for applicable
116goods or services;
117     2.  A person makes payment, in whole or in part, for the
118production or public dissemination of applicable goods or
119services; or
120     3.  The electioneering communication is publicly
121disseminated.
122     (13)  "Communications media" means broadcasting stations,
123newspapers, magazines, outdoor advertising facilities, printers,
124direct mail mailing companies, advertising agencies, the
125Internet, and telephone companies; but with respect to
126telephones, an expenditure shall be deemed to be an expenditure
127for the use of communications media only if made for the costs
128of telephones, paid telephonists, or automatic telephone
129equipment to be used by a candidate or a political committee to
130communicate with potential voters but excluding any costs of
131telephones incurred by a volunteer for use of telephones by such
132volunteer; however, with respect to the Internet, an expenditure
133shall be deemed an expenditure for use of communications media
134only if made for the cost of creating or disseminating a message
135on a computer information system accessible by more than one
136person but excluding internal communications of a campaign or of
137any group.
138     (18)(a)  "Electioneering communication" means a paid
139expression in any communications media prescribed in subsection
140(13) by means other than the spoken word in direct conversation
141that:
142     1.  Refers to or depicts a clearly identified candidate for
143office or contains a clear reference indicating that an issue is
144to be voted on at an election, without expressly advocating the
145election or defeat of a candidate or the passage or defeat of an
146issue.
147     2.  For communications referring to or depicting a clearly
148identified candidate for office, is targeted to the relevant
149electorate. A communication is considered targeted if 1,000 or
150more persons in the geographic area the candidate would
151represent if elected will receive the communication.
152     3.  For communications referring to or depicting a clearly
153identified candidate for office, is published after the end of
154the candidate qualifying period for the office sought by the
155candidate.
156     4.  For communications containing a clear reference
157indicating that an issue is to be voted on at an election, is
158published after the issue is designated a ballot position or 120
159days before the date of the election on the issue, whichever
160occurs first.
161     (b)  The term "electioneering communication" does not
162include:
163     1.  A statement or depiction by an organization, in
164existence prior to the time during which a candidate named or
165depicted qualifies or an issue identified is placed on the
166ballot for that election, made in that organization's
167newsletter, which newsletter is distributed only to members of
168that organization.
169     2.  An editorial endorsement, news story, commentary, or
170editorial by any newspaper, radio, television station, or other
171recognized news medium.
172     3.  A communication that constitutes a public debate or
173forum that includes at least two opposing candidates for an
174office or one advocate and one opponent of an issue, or that
175solely promotes such a debate or forum and is made by or on
176behalf of the person sponsoring the debate or forum, provided
177that:
178     a.  The staging organization is either:
179     (I)  A charitable organization that does not make other
180electioneering communications and does not otherwise support or
181oppose any political candidate or political party; or
182     (II)  A newspaper, radio station, television station, or
183other recognized news medium; and
184     b.  The staging organization does not structure the debate
185to promote or advance one candidate or issue position over
186another.
187     (c)  For purposes of this chapter, an expenditure made for,
188or in furtherance of, an electioneering communication shall not
189be considered a contribution to or on behalf of any candidate.
190     (d)  For purposes of this chapter, an electioneering
191communication shall not constitute an independent expenditure
192nor be subject to the limitations applicable to independent
193expenditures.
194     (19)  "Electioneering communications organization" means
195any group, other than a political party, political committee, or
196committee of continuous existence, whose activities are limited
197to making expenditures for electioneering communications or
198accepting contributions for the purpose of making electioneering
199communications.
200     Section 3.  Subsection (1) of section 106.022, Florida
201Statutes, is amended to read:
202     106.022  Appointment of a registered agent; duties.--
203     (1)  Each political committee, committee of continuous
204existence, or electioneering communications organization entity
205shall have and continuously maintain in this state a registered
206office and a registered agent and must file with the division a
207statement of appointment for the registered office and
208registered agent. The statement of appointment must:
209     (a)  Provide the name of the registered agent and the
210street address and phone number for the registered office;
211     (b)  Identify the entity for whom the registered agent
212serves;
213     (c)  Designate the address the registered agent wishes to
214use to receive mail;
215     (d)  Include the entity's undertaking to inform the
216division of any change in such designated address;
217     (e)  Provide for the registered agent's acceptance of the
218appointment, which must confirm that the registered agent is
219familiar with and accepts the obligations of the position as set
220forth in this section; and
221     (f)  Contain the signature of the registered agent and the
222entity engaging the registered agent.
223     Section 4.  Section 106.03, Florida Statutes, is amended to
224read:
225     106.03  Registration of political committees.--
226     (1)(a)  Each political committee that which anticipates
227receiving contributions or making expenditures during a calendar
228year in an aggregate amount exceeding $500 or that which is
229seeking the signatures of registered electors in support of an
230initiative shall file a statement of organization as provided in
231subsection (3) within 10 days after its organization or, if
232later, within 10 days after the date on which it has information
233that which causes the committee to anticipate that it will
234receive contributions or make expenditures in excess of $500.  
235If a political committee is organized within 10 days of any
236election, it shall immediately file the statement of
237organization required by this section.
238     (b)  Each electioneering communications organization that
239anticipates receiving contributions or making expenditures shall
240file a statement of organization as provided in subsection (3)
241by expedited delivery within 24 hours after its organization or,
242if later, within 24 hours after the date on which it has
243information that causes the organization to anticipate that it
244will receive contributions or make expenditures for an
245electioneering communication.
246     (2)  The statement of organization shall include:
247     (a)  The name and street address of the committee;
248     (b)  The names, street addresses, and relationships of
249affiliated or connected organizations;
250     (c)  The area, scope, or jurisdiction of the committee;
251     (d)  The name, street address, and position of the
252custodian of books and accounts;
253     (e)  The name, street address, and position of other
254principal officers, including officers and members of the
255finance committee, if any;
256     (f)  The name, address, office sought, and party
257affiliation of:
258     1.  Each candidate whom the committee is supporting;
259     2.  Any other individual, if any, whom the committee is
260supporting for nomination for election, or election, to any
261public office whatever;
262     (g)  Any issue or issues such organization is supporting or
263opposing;
264     (h)  If the committee is supporting the entire ticket of
265any party, a statement to that effect and the name of the party;
266     (i)  A statement of whether the committee is a continuing
267one;
268     (j)  Plans for the disposition of residual funds which will
269be made in the event of dissolution;
270     (k)  A listing of all banks, safe-deposit boxes, or other
271depositories used for committee funds; and
272     (l)  A statement of the reports required to be filed by the
273committee with federal officials, if any, and the names,
274addresses, and positions of such officials.
275     (3)(a)  A political committee which is organized to support
276or oppose statewide, legislative, or multicounty candidates or
277issues to be voted upon on a statewide or multicounty basis
278shall file a statement of organization with the Division of
279Elections.
280     (b)  Except as provided in paragraph (c), a political
281committee which is organized to support or oppose candidates or
282issues to be voted on in a countywide election or candidates or
283issues in any election held on less than a countywide basis
284shall file a statement of organization with the supervisor of
285elections of the county in which such election is being held.
286     (c)  A political committee which is organized to support or
287oppose only candidates for municipal office or issues to be
288voted on in a municipal election shall file a statement of
289organization with the officer before whom municipal candidates
290qualify.
291     (d)  Any political committee which would be required under
292this subsection to file a statement of organization in two or
293more locations by reason of the committee's intention to support
294or oppose candidates or issues at state or multicounty and local
295levels of government need file only with the Division of
296Elections.
297     (4)  Any change in information previously submitted in a
298statement of organization shall be reported to the agency or
299officer with whom such committee is required to register
300pursuant to subsection (3), within 10 days following the change.
301     (5)  Any committee which, after having filed one or more
302statements of organization, disbands or determines it will no
303longer receive contributions or make expenditures during the
304calendar year in an aggregate amount exceeding $500 shall so
305notify the agency or officer with whom such committee is
306required to file the statement of organization.
307     (6)  If the filing officer finds that a political committee
308has filed its statement of organization consistent with the
309requirements of subsection (2), it shall notify the committee in
310writing that it has been registered as a political committee. If
311the filing officer finds that a political committee's statement
312of organization does not meet the requirements of subsection
313(2), it shall notify the committee of such finding and shall
314state in writing the reasons for rejection of the statement of
315organization.
316     (7)  The Division of Elections shall promulgate rules to
317prescribe the manner in which inactive committees may be
318dissolved and have their registration canceled. Such rules
319shall, at a minimum, provide for:
320     (a)  Notice which shall contain the facts and conduct which
321warrant the intended action, including but not limited to
322failure to file reports and limited activity.
323     (b)  Adequate opportunity to respond.
324     (c)  Appeal of the decision to the Florida Elections
325Commission.  Such appeals shall be exempt from the
326confidentiality provisions of s. 106.25.
327     Section 5.  Section 106.0701, Florida Statutes, is created
328to read:
329     106.0701  Statewide and legislative officer's and
330candidate's solicitation of contributions; reporting
331requirements.--
332     (1)  The Governor, the Lieutenant Governor, a member of the
333Cabinet, a state legislator, or a candidate for any of these
334offices that solicits or causes to be solicited a contribution
335for a committee of continuous existence, electioneering
336communications organization, organization exempt from taxation
337under 26 U.S.C. s. 527 other than a political party or the
338campaign depository of the solicitor, or an organization exempt
339from taxation under 26 U.S.C. s. 501(c)(4) shall, within 48
340hours of such solicitation, file a statement with the division
341pursuant to s. 106.0705. The statement shall contain the
342following information:
343     (a)  The name, street address, and office held or sought of
344the officer or candidate making or causing the solicitation to
345be made.
346     (b)  The date the solicitation was made.
347     (c)  The name, street address, and type of organization for
348whom the solicitation was made.
349     (d)  A description of the relationship between the officer
350or candidate and the organization for whom the solicitation was
351made.
352     (2)  If an officer or candidate has not been issued a
353secure sign-on to the division's electronic reporting system
354pursuant to s. 106.0705, the officer or candidate making the
355solicitation or causing the solicitation to be made shall,
356within 24 hours of the solicitation, request one from the
357division and file a report of the solicitation within 48 hours
358after receiving the sign-on.
359     (3)  For purposes of this section, "solicits or causes to
360be solicited a contribution for a committee of continuous
361existence, electioneering communications organization,
362organization exempt from taxation under 26 U.S.C. s. 527 other
363than a political party or the campaign depository of the
364solicitor, or an organization exempt from taxation under 26
365U.S.C. s. 501(c)(4)" means to expressly seek, ask, petition,
366beseech, or request, directly or indirectly, that a gift,
367subscription, conveyance, deposit, loan, payment, or
368distribution of money or anything of value, including
369contributions in kind having an attributable monetary value in
370any form, be given, directly or indirectly, to the committee or
371organization; however, the term does not include a general
372appeal to support the committee or organization if the appeal
373fails to expressly seek, ask, petition, beseech, or request that
374something with a monetary value be given to the committee or
375organization.
376     (4)  Any officer or employee who fails to timely file a
377solicitation report required by this section shall be subject to
378the penalties for late-filed campaign finance reports pursuant
379to s. 106.07(8).
380     Section 6.  Section 106.0703, Florida Statutes, is created
381to read:
382     106.0703  Electioneering communications organizations;
383additional reporting requirements.--
384     (1)  In addition to the reporting requirements in s.
385106.07, an electioneering communications organization shall,
386within 2 days after receiving its initial password or secure
387sign-on from the Department of State allowing confidential
388access to the department's electronic campaign finance filing
389system, electronically file the periodic campaign finance
390reports that would have been required pursuant to s. 106.07 for
391reportable activities that occurred since the date of the last
392general election.
393     (2)  In addition to the reporting requirements in s.
394106.07, an electioneering communications organization shall
395electronically file a supplemental report of each contribution
396of $5,000 or more received by the organization within 2 days
397after receipt. The supplemental report must include the
398information required in s. 106.07(4)(a)1.-5. The electioneering
399communications organization shall not include each contribution
400reported pursuant to this subsection on the quarterly or
401periodic campaign finance report pursuant to s. 106.07 for the
402reporting period in which the contribution was received.
403     Section 7.  Section 106.0705, Florida Statutes, is amended
404to read:
405     106.0705  Electronic filing of campaign treasurer's
406reports.--
407     (1)  As used in this section, "electronic filing system"
408means an Internet system for recording and reporting campaign
409finance activity by reporting period.
410     (2)(a)  Each candidate who is required to file reports
411pursuant to s. 106.07 with the division must file such reports
412with the division by means of the division's electronic filing
413system.
414     (b)  Each political committee, committee of continuous
415existence, electioneering communications organization, or state
416executive committee that is required to file reports with the
417division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29,
418as applicable, must file such reports with the division by means
419of the division's electronic filing system.
420     (c)  Each person or organization that is required to file
421reports with the division under s. 106.071 must file such
422reports with the division by means of the division's electronic
423filing system.
424     (3)  Reports filed pursuant to this section shall be
425completed and filed through the electronic filing system not
426later than midnight of the day designated. Reports not filed by
427midnight of the day designated are late filed and are subject to
428the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3),
429as applicable.
430     (4)  Each report filed pursuant to this section is
431considered to be under oath by the candidate and treasurer or
432the chair and treasurer, whichever is applicable, and such
433persons are subject to the provisions of s. 106.04(4)(d), s.
434106.07(5), or s. 106.29(2), as applicable. Persons given a
435secure sign-on to the electronic filing system are responsible
436for protecting such from disclosure and are responsible for all
437filings using such credentials, unless they have notified the
438division that their credentials have been compromised.
439     (5)  The electronic filing system developed by the division
440must:
441     (a)  Be based on access by means of the Internet.
442     (b)  Be accessible by anyone with Internet access using
443standard web-browsing software.
444     (c)  Provide for direct entry of campaign finance
445information as well as upload of such information from campaign
446finance software certified by the division.
447     (d)  Provide a method that prevents unauthorized access to
448electronic filing system functions.
449     (6)  The division shall adopt rules pursuant to ss.
450120.536(1) and 120.54 to administer this section and provide for
451the reports required to be filed pursuant to this section. Such
452rules shall, at a minimum, provide:
453     (a)  Alternate filing procedures in case the division's
454electronic filing system is not operable.
455     (b)  For the issuance of an electronic receipt to the
456person submitting the report indicating and verifying that the
457report has been filed.
458     (7)  Notwithstanding anything in law to the contrary, any
459report required to have been filed under this section for the
460period ended March 31, 2005, shall be deemed to have been timely
461filed if the report is filed under this section on or before
462June 1, 2005.
463     Section 8.  Effective upon this act becoming a law,
464subsections (5) and (7) of section 106.08, Florida Statutes, are
465amended to read:
466     106.08  Contributions; limitations on.--
467     (5)(a)  A person may not make any contribution through or
468in the name of another, directly or indirectly, in any election.
469     (b)  Candidates, political committees, and political
470parties may not solicit contributions from any religious,
471charitable, civic, or other causes or organizations established
472primarily for the public good.
473     (c)  Candidates, political committees, and political
474parties may not make contributions, in exchange for political
475support, to any religious, charitable, civic, or other cause or
476organization established primarily for the public good. It is
477not a violation of this paragraph for:
478     1.  A candidate, political committee, or political party
479executive committee to make gifts of money in lieu of flowers in
480memory of a deceased person;
481     2.  A candidate to continue membership in, or make regular
482donations from personal or business funds to, religious,
483political party, civic, or charitable groups of which the
484candidate is a member or to which the candidate has been a
485regular donor for more than 6 months; or
486     3.  A candidate to purchase, with campaign funds, tickets,
487admission to events, or advertisements from religious, civic,
488political party, or charitable groups.
489     (d)1.  Committees of continuous existence, electioneering
490communications organizations, organizations exempt from taxation
491under 26 U.S.C. s. 527 other than a political party, and
492organizations exempt from taxation under 26 U.S.C. s. 501(c)(4)
493shall not, in any election, accept contributions in excess of
494$500 from an individual or group if, during the current election
495period ending on the date of the next general election, the
496committee or organization directly or indirectly through one or
497more intermediaries:
498     a.  Reimburses or pays for any expenses of the Governor,
499the Lieutenant Governor, a member of the Cabinet, a state
500legislator, a candidate for any of these offices, an employee or
501agent of the officer or candidate, or a member of the officer's
502or candidate's immediate family.
503     b.  Is, in whole or in part, established, organized,
504operated, or controlled by the Governor, the Lieutenant
505Governor, a member of the Cabinet, a state legislator, a
506candidate for any of these offices, an employee or agent of the
507officer or candidate, or a member of the officer's or
508candidate's immediate family, provided the committee or
509organization directly or indirectly makes or has made a
510contribution to, or an expenditure for the benefit of, the
511officer's or candidate's campaign for publicly-elected office.
512     c.  Knowingly receives contributions solicited by, caused
513to be solicited by, or accepted on behalf of the committee or
514organization by the Governor, the Lieutenant Governor, a member
515of the Cabinet, a state legislator, a candidate for any of these
516offices, an employee or agent of the officer or candidate, or a
517member of the officer's or candidate's immediate family,
518provided the committee or organization directly or indirectly
519makes or has made a contribution to, or an expenditure for the
520benefit of, the officer's or candidate's campaign for publicly-
521elected office in an amount exceeding $500 in the aggregate in
522any election.
523     2.  For purposes of this paragraph, "immediate family"
524means the spouse, parent, child, grandparent, or sibling of the
525officer or candidate.
526     3.  Notwithstanding the limits provided in this paragraph,
527a committee or organization that is subject to the $500
528contribution limit in subparagraph 1. shall not accept a
529contribution in excess of $100 from an unemancipated child under
530the age of 18.
531     4.  The contribution limits of this paragraph apply to each
532election. For purposes of this paragraph, the primary election
533and the general election are separate elections so long as the
534candidate that the committee or organization supports or
535opposes, or who is referred to or depicted in the committee's or
536organization's electioneering communications, is not an
537unopposed candidate as defined in s. 106.011(15). However, for
538the purpose of contribution limits with respect to committees
539and organizations supporting or opposing only candidates for
540retention as a justice or judge, or referring to or depicting
541only candidates for retention as a justice or judge in the
542committee's or organization's electioneering communications,
543there is only one election, which is the general election.
544     (7)(a)  Any person who knowingly and willfully makes,
545solicits, or accepts no more than one contribution in violation
546of subsection (1) or subsection (5), or any person who knowingly
547and willfully fails or refuses to return any contribution as
548required in subsection (3), commits a misdemeanor of the first
549degree, punishable as provided in s. 775.082 or s. 775.083.  If
550any corporation, partnership, or other business entity or any
551political party, political committee, or committee of continuous
552existence is convicted of knowingly and willfully violating any
553provision punishable under this paragraph, it shall be fined not
554less than $1,000 and not more than $10,000.  If it is a domestic
555entity, it may be ordered dissolved by a court of competent
556jurisdiction; if it is a foreign or nonresident business entity,
557its right to do business in this state may be forfeited.  Any
558officer, partner, agent, attorney, or other representative of a
559corporation, partnership, or other business entity or of a
560political party, political committee, or committee of continuous
561existence who aids, abets, advises, or participates in a
562violation of any provision punishable under this paragraph
563commits a misdemeanor of the first degree, punishable as
564provided in s. 775.082 or s. 775.083.
565     (b)  Any person who knowingly and willfully makes,
566solicits, or accepts two or more contributions in violation of
567subsection (1) or subsection (5) commits a felony of the third
568degree, punishable as provided in s. 775.082, s. 775.083, or s.
569775.084.  If any corporation, partnership, or other business
570entity or any political party, political committee, or committee
571of continuous existence is convicted of knowingly and willfully
572violating any provision punishable under this paragraph, it
573shall be fined not less than $10,000 and not more than $50,000.  
574If it is a domestic entity, it may be ordered dissolved by a
575court of competent jurisdiction; if it is a foreign or
576nonresident business entity, its right to do business in this
577state may be forfeited.  Any officer, partner, agent, attorney,
578or other representative of a corporation, partnership, or other
579business entity, or of a political committee, committee of
580continuous existence, or political party who aids, abets,
581advises, or participates in a violation of any provision
582punishable under this paragraph commits a felony of the third
583degree, punishable as provided in s. 775.082, s. 775.083, or s.
584775.084.
585     Section 9.  Subsection (4) of section 106.08, Florida
586Statutes, is amended, subsections (5) and (7) of that section,
587as amended by this act, are amended, and subsection (8) of that
588section is reenacted, to read:
589     106.08  Contributions; limitations on.--
590     (4)(a)  Any contribution received by the chair, campaign
591treasurer, or deputy campaign treasurer of a political committee
592supporting or opposing a candidate with opposition in an
593election or supporting or opposing an issue on the ballot in an
594election on the day of that election or less than 5 days prior
595to the day of that election may not be obligated or expended by
596the committee until after the date of the election.
597     (b)  Any contribution received by an electioneering
598communications organization on the day of an election or less
599than 10 days prior to the day of that election may not be
600obligated or expended by the organization until after the date
601of the election, and may not be expended to pay for any
602obligation arising prior to the election.
603     (5)(a)  A person may not make any contribution through or
604in the name of another, directly or indirectly, in any election.
605     (b)  Candidates, political committees, and political
606parties may not solicit contributions from any religious,
607charitable, civic, or other causes or organizations established
608primarily for the public good.
609     (c)  Candidates, political committees, and political
610parties may not make contributions, in exchange for political
611support, to any religious, charitable, civic, or other cause or
612organization established primarily for the public good. It is
613not a violation of this paragraph for:
614     1.  A candidate, political committee, or political party
615executive committee to make gifts of money in lieu of flowers in
616memory of a deceased person;
617     2.  A candidate to continue membership in, or make regular
618donations from personal or business funds to, religious,
619political party, civic, or charitable groups of which the
620candidate is a member or to which the candidate has been a
621regular donor for more than 6 months; or
622     3.  A candidate to purchase, with campaign funds, tickets,
623admission to events, or advertisements from religious, civic,
624political party, or charitable groups.
625     (d)1.  Committees of continuous existence, electioneering
626communications organizations, organizations exempt from taxation
627under 26 U.S.C. s. 527 other than a political party, and
628organizations exempt from taxation under 26 U.S.C. s. 501(c)(4)
629shall not, in any election, accept contributions in excess of
630$500 from an individual or group if, during the current election
631period ending on the date of the next general election, the
632committee or organization directly or indirectly through one or
633more intermediaries:
634     a.  Reimburses or pays for any expenses of the Governor,
635the Lieutenant Governor, a member of the Cabinet, a state
636legislator, a candidate for any of these offices, an employee or
637agent of the officer or candidate, or a member of the officer's
638or candidate's immediate family.
639     b.  Is, in whole or in part, established, organized,
640operated, or controlled by the Governor, the Lieutenant
641Governor, a member of the Cabinet, a state legislator, a
642candidate for any of these offices, an employee or agent of the
643officer or candidate, or a member of the officer's or
644candidate's immediate family, provided the committee or
645organization directly or indirectly makes or has made a
646contribution to, or an expenditure for the benefit of, the
647officer's or candidate's campaign for publicly-elected office.
648     c.  Knowingly receives contributions solicited by, caused
649to be solicited by, or accepted on behalf of the committee or
650organization by the Governor, the Lieutenant Governor, a member
651of the Cabinet, a state legislator, a candidate for any of these
652offices, an employee or agent of the officer or candidate, or a
653member of the officer's or candidate's immediate family,
654provided the committee or organization directly or indirectly
655makes or has made a contribution to, or an expenditure for the
656benefit of, the officer's or candidate's campaign for publicly-
657elected office in an amount exceeding $500 in the aggregate in
658any election.
659     2.  For purposes of this paragraph, "immediate family"
660means the spouse, parent, child, grandparent, or sibling of the
661officer or candidate.
662     3.  Notwithstanding the limits provided in this paragraph,
663a committee or organization that is subject to the $500
664contribution limit in subparagraph 1. shall not accept a
665contribution in excess of $100 from an unemancipated child under
666the age of 18.
667     4.  The contribution limits of this paragraph apply to each
668election. For purposes of this paragraph, the primary election
669and the general election are separate elections so long as the
670candidate that the committee or organization supports or
671opposes, or who is referred to or depicted in the committee's or
672organization's electioneering communications, is not an
673unopposed candidate as defined in s. 106.011(15). However, for
674the purpose of contribution limits with respect to committees
675and organizations supporting or opposing only candidates for
676retention as a justice or judge, or referring to or depicting
677only candidates for retention as a justice or judge in the
678committee's or organization's electioneering communications,
679there is only one election, which is the general election.
680     (e)  An electioneering communications organization may not
681accept a contribution from an organization exempt from taxation
682under 26 U.S.C. s. 527 or s. 501(c)(4), other than a political
683committee, committee of continuous existence, or political
684party, unless the contributing organization has registered as if
685it were an electioneering communications organization pursuant
686to s. 106.03 and has filed all campaign finance reports required
687of electioneering communications organizations pursuant to ss.
688106.07 and 106.0703.
689     (7)(a)  Any person who knowingly and willfully makes,
690solicits, or accepts no more than one contribution in violation
691of subsection (1) or subsection (5), or any person who knowingly
692and willfully fails or refuses to return any contribution as
693required in subsection (3), commits a misdemeanor of the first
694degree, punishable as provided in s. 775.082 or s. 775.083.  If
695any corporation, partnership, or other business entity or any
696political party, political committee, or committee of continuous
697existence, or electioneering communications organization is
698convicted of knowingly and willfully violating any provision
699punishable under this paragraph, it shall be fined not less than
700$1,000 and not more than $10,000.  If it is a domestic entity,
701it may be ordered dissolved by a court of competent
702jurisdiction; if it is a foreign or nonresident business entity,
703its right to do business in this state may be forfeited.  Any
704officer, partner, agent, attorney, or other representative of a
705corporation, partnership, or other business entity or of a
706political party, political committee, or committee of continuous
707existence, electioneering communications organization, or
708organization exempt from taxation under 26 U.S.C. s. 527 or s.
709501(c)(4), who aids, abets, advises, or participates in a
710violation of any provision punishable under this paragraph
711commits a misdemeanor of the first degree, punishable as
712provided in s. 775.082 or s. 775.083.
713     (b)  Any person who knowingly and willfully makes,
714solicits, or accepts two or more contributions in violation of
715subsection (1) or subsection (5) commits a felony of the third
716degree, punishable as provided in s. 775.082, s. 775.083, or s.
717775.084.  If any corporation, partnership, or other business
718entity or any political party, political committee, or committee
719of continuous existence, or electioneering communications
720organization is convicted of knowingly and willfully violating
721any provision punishable under this paragraph, it shall be fined
722not less than $10,000 and not more than $50,000.  If it is a
723domestic entity, it may be ordered dissolved by a court of
724competent jurisdiction; if it is a foreign or nonresident
725business entity, its right to do business in this state may be
726forfeited.  Any officer, partner, agent, attorney, or other
727representative of a corporation, partnership, or other business
728entity, or of a political committee, committee of continuous
729existence, or political party, electioneering communications
730organization, or organization exempt from taxation under 26
731U.S.C. s. 527 or s. 501(c)(4), who aids, abets, advises, or
732participates in a violation of any provision punishable under
733this paragraph commits a felony of the third degree, punishable
734as provided in s. 775.082, s. 775.083, or s. 775.084.
735     (8)  Except when otherwise provided in subsection (7), any
736person who knowingly and willfully violates any provision of
737this section shall, in addition to any other penalty prescribed
738by this chapter, pay to the state a sum equal to twice the
739amount contributed in violation of this chapter.  Each campaign
740treasurer shall pay all amounts contributed in violation of this
741section to the state for deposit in the General Revenue Fund.
742     Section 10.  For the purpose of incorporating the
743amendments made by this act to section 106.03, Florida Statutes,
744in a reference thereto, section 106.07, Florida Statutes, is
745reenacted to read:
746     106.07  Reports; certification and filing.--
747     (1)  Each campaign treasurer designated by a candidate or
748political committee pursuant to s. 106.021 shall file regular
749reports of all contributions received, and all expenditures
750made, by or on behalf of such candidate or political committee.  
751Reports shall be filed on the 10th day following the end of each
752calendar quarter from the time the campaign treasurer is
753appointed, except that, if the 10th day following the end of a
754calendar quarter occurs on a Saturday, Sunday, or legal holiday,
755the report shall be filed on the next following day which is not
756a Saturday, Sunday, or legal holiday.  Quarterly reports shall
757include all contributions received and expenditures made during
758the calendar quarter which have not otherwise been reported
759pursuant to this section.
760     (a)  Except as provided in paragraph (b), following the
761last day of qualifying for office, the reports shall be filed on
762the 32nd, 18th, and 4th days immediately preceding the primary
763and on the 46th, 32nd, 18th, and 4th days immediately preceding
764the election, for a candidate who is opposed in seeking
765nomination or election to any office, for a political committee,
766or for a committee of continuous existence.
767     (b)  Following the last day of qualifying for office, any
768statewide candidate who has requested to receive contributions
769from the Election Campaign Financing Trust Fund or any statewide
770candidate in a race with a candidate who has requested to
771receive contributions from the trust fund shall file reports on
772the 4th, 11th, 18th, 25th, and 32nd days prior to the primary
773election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,
774and 53rd days prior to the general election.
775     (c)  Following the last day of qualifying for office, any
776unopposed candidate need only file a report within 90 days after
777the date such candidate became unopposed.  Such report shall
778contain all previously unreported contributions and expenditures
779as required by this section and shall reflect disposition of
780funds as required by s. 106.141.
781     (d)1.  When a special election is called to fill a vacancy
782in office, all political committees and committees of continuous
783existence making contributions or expenditures to influence the
784results of such special election shall file campaign treasurers'
785reports with the filing officer on the dates set by the
786Department of State pursuant to s. 100.111.
787     2.  When an election is called for an issue to appear on
788the ballot at a time when no candidates are scheduled to appear
789on the ballot, all political committees making contributions or
790expenditures in support of or in opposition to such issue shall
791file reports on the 18th and 4th days prior to such election.
792     (e)  The filing officer shall provide each candidate with a
793schedule designating the beginning and end of reporting periods
794as well as the corresponding designated due dates.
795     (2)(a)  All reports required of a candidate by this section
796shall be filed with the officer before whom the candidate is
797required by law to qualify. All candidates who file with the
798Department of State shall file their reports pursuant to s.
799106.0705. In addition, a copy of each report for candidates for
800other than statewide office who qualify with the Department of
801State shall be filed with the supervisor of elections in the
802county where the candidate resides. Except as provided in s.
803106.0705, reports shall be filed not later than 5 p.m. of the
804day designated; however, any report postmarked by the United
805States Postal Service no later than midnight of the day
806designated shall be deemed to have been filed in a timely
807manner. Any report received by the filing officer within 5 days
808after the designated due date that was delivered by the United
809States Postal Service shall be deemed timely filed unless it has
810a postmark that indicates that the report was mailed after the
811designated due date. A certificate of mailing obtained from and
812dated by the United States Postal Service at the time of
813mailing, or a receipt from an established courier company, which
814bears a date on or before the date on which the report is due,
815shall be proof of mailing in a timely manner. Reports shall
816contain information of all previously unreported contributions
817received and expenditures made as of the preceding Friday,
818except that the report filed on the Friday immediately preceding
819the election shall contain information of all previously
820unreported contributions received and expenditures made as of
821the day preceding that designated due date. All such reports
822shall be open to public inspection.
823     (b)1.  Any report which is deemed to be incomplete by the
824officer with whom the candidate qualifies shall be accepted on a
825conditional basis, and the campaign treasurer shall be notified
826by registered mail as to why the report is incomplete and be
827given 3 days from receipt of such notice to file an addendum to
828the report providing all information necessary to complete the
829report in compliance with this section. Failure to file a
830complete report after such notice constitutes a violation of
831this chapter.
832     2.  In lieu of the notice by registered mail as required in
833subparagraph 1., the qualifying officer may notify the campaign
834treasurer by telephone that the report is incomplete and request
835the information necessary to complete the report. If, however,
836such information is not received by the qualifying officer
837within 3 days after the telephone request therefor, notice shall
838be sent by registered mail as provided in subparagraph 1.
839     (3)  Reports required of a political committee shall be
840filed with the agency or officer before whom such committee
841registers pursuant to s. 106.03(3) and shall be subject to the
842same filing conditions as established for candidates' reports.
843Incomplete reports by political committees shall be treated in
844the manner provided for incomplete reports by candidates in
845subsection (2).
846     (4)(a)  Each report required by this section shall contain:
847     1.  The full name, address, and occupation, if any of each
848person who has made one or more contributions to or for such
849committee or candidate within the reporting period, together
850with the amount and date of such contributions. For
851corporations, the report must provide as clear a description as
852practicable of the principal type of business conducted by the
853corporation. However, if the contribution is $100 or less or is
854from a relative, as defined in s. 112.312, provided that the
855relationship is reported, the occupation of the contributor or
856the principal type of business need not be listed.
857     2.  The name and address of each political committee from
858which the reporting committee or the candidate received, or to
859which the reporting committee or candidate made, any transfer of
860funds, together with the amounts and dates of all transfers.
861     3.  Each loan for campaign purposes to or from any person
862or political committee within the reporting period, together
863with the full names, addresses, and occupations, and principal
864places of business, if any, of the lender and endorsers, if any,
865and the date and amount of such loans.
866     4.  A statement of each contribution, rebate, refund, or
867other receipt not otherwise listed under subparagraphs 1.
868through 3.
869     5.  The total sums of all loans, in-kind contributions, and
870other receipts by or for such committee or candidate during the
871reporting period. The reporting forms shall be designed to
872elicit separate totals for in-kind contributions, loans, and
873other receipts.
874     6.  The full name and address of each person to whom
875expenditures have been made by or on behalf of the committee or
876candidate within the reporting period; the amount, date, and
877purpose of each such expenditure; and the name and address of,
878and office sought by, each candidate on whose behalf such
879expenditure was made. However, expenditures made from the petty
880cash fund provided by s. 106.12 need not be reported
881individually.
882     7.  The full name and address of each person to whom an
883expenditure for personal services, salary, or reimbursement for
884authorized expenses as provided in s. 106.021(3) has been made
885and which is not otherwise reported, including the amount, date,
886and purpose of such expenditure. However, expenditures made from
887the petty cash fund provided for in s. 106.12 need not be
888reported individually.
889     8.  The total amount withdrawn and the total amount spent
890for petty cash purposes pursuant to this chapter during the
891reporting period.
892     9.  The total sum of expenditures made by such committee or
893candidate during the reporting period.
894     10.  The amount and nature of debts and obligations owed by
895or to the committee or candidate, which relate to the conduct of
896any political campaign.
897     11.  A copy of each credit card statement which shall be
898included in the next report following receipt thereof by the
899candidate or political committee. Receipts for each credit card
900purchase shall be retained by the treasurer with the records for
901the campaign account.
902     12.  The amount and nature of any separate interest-bearing
903accounts or certificates of deposit and identification of the
904financial institution in which such accounts or certificates of
905deposit are located.
906     13.  The primary purposes of an expenditure made indirectly
907through a campaign treasurer pursuant to s. 106.021(3) for goods
908and services such as communications media placement or
909procurement services, campaign signs, insurance, and other
910expenditures that include multiple components as part of the
911expenditure. The primary purpose of an expenditure shall be that
912purpose, including integral and directly related components,
913that comprises 80 percent of such expenditure.
914     (b)  The filing officer shall make available to any
915candidate or committee a reporting form which the candidate or
916committee may use to indicate contributions received by the
917candidate or committee but returned to the contributor before
918deposit.
919     (5)  The candidate and his or her campaign treasurer, in
920the case of a candidate, or the political committee chair and
921campaign treasurer of the committee, in the case of a political
922committee, shall certify as to the correctness of each report;
923and each person so certifying shall bear the responsibility for
924the accuracy and veracity of each report.  Any campaign
925treasurer, candidate, or political committee chair who willfully
926certifies the correctness of any report while knowing that such
927report is incorrect, false, or incomplete commits a misdemeanor
928of the first degree, punishable as provided in s. 775.082 or s.
929775.083.
930     (6)  The campaign depository shall return all checks drawn
931on the account to the campaign treasurer who shall retain the
932records pursuant to s. 106.06.  The records maintained by the
933depository with respect to such account shall be subject to
934inspection by an agent of the Division of Elections or the
935Florida Elections Commission at any time during normal banking
936hours, and such depository shall furnish certified copies of any
937of such records to the Division of Elections or Florida
938Elections Commission upon request.
939     (7)  Notwithstanding any other provisions of this chapter,
940in any reporting period during which a candidate, political
941committee, or committee of continuous existence has not received
942funds, made any contributions, or expended any reportable funds,
943the filing of the required report for that period is waived.
944However, the next report filed must specify that the report
945covers the entire period between the last submitted report and
946the report being filed, and any candidate, political committee,
947or committee of continuous existence not reporting by virtue of
948this subsection on dates prescribed elsewhere in this chapter
949shall notify the filing officer in writing on the prescribed
950reporting date that no report is being filed on that date.
951     (8)(a)  Any candidate or political committee failing to
952file a report on the designated due date shall be subject to a
953fine as provided in paragraph (b) for each late day, and, in the
954case of a candidate, such fine shall be paid only from personal
955funds of the candidate. The fine shall be assessed by the filing
956officer and the moneys collected shall be deposited:
957     1.  In the General Revenue Fund, in the case of a candidate
958for state office or a political committee that registers with
959the Division of Elections; or
960     2.  In the general revenue fund of the political
961subdivision, in the case of a candidate for an office of a
962political subdivision or a political committee that registers
963with an officer of a political subdivision.
964
965No separate fine shall be assessed for failure to file a copy of
966any report required by this section.
967     (b)  Upon determining that a report is late, the filing
968officer shall immediately notify the candidate or chair of the
969political committee as to the failure to file a report by the
970designated due date and that a fine is being assessed for each
971late day. The fine shall be $50 per day for the first 3 days
972late and, thereafter, $500 per day for each late day, not to
973exceed 25 percent of the total receipts or expenditures,
974whichever is greater, for the period covered by the late report.
975However, for the reports immediately preceding each primary and
976general election, the fine shall be $500 per day for each late
977day, not to exceed 25 percent of the total receipts or
978expenditures, whichever is greater, for the period covered by
979the late report. For reports required under s. 106.141(7), the
980fine is $50 per day for each late day, not to exceed 25 percent
981of the total receipts or expenditures, whichever is greater, for
982the period covered by the late report. Upon receipt of the
983report, the filing officer shall determine the amount of the
984fine which is due and shall notify the candidate or chair. The
985filing officer shall determine the amount of the fine due based
986upon the earliest of the following:
987     1.  When the report is actually received by such officer.
988     2.  When the report is postmarked.
989     3.  When the certificate of mailing is dated.
990     4.  When the receipt from an established courier company is
991dated.
992     5.  When the electronic receipt issued pursuant to s.
993106.0705 is dated.
994
995Such fine shall be paid to the filing officer within 20 days
996after receipt of the notice of payment due, unless appeal is
997made to the Florida Elections Commission pursuant to paragraph
998(c). In the case of a candidate, such fine shall not be an
999allowable campaign expenditure and shall be paid only from
1000personal funds of the candidate. An officer or member of a
1001political committee shall not be personally liable for such
1002fine.
1003     (c)  Any candidate or chair of a political committee may
1004appeal or dispute the fine, based upon, but not limited to,
1005unusual circumstances surrounding the failure to file on the
1006designated due date, and may request and shall be entitled to a
1007hearing before the Florida Elections Commission, which shall
1008have the authority to waive the fine in whole or in part. The
1009Florida Elections Commission must consider the mitigating and
1010aggravating circumstances contained in s. 106.265(1) when
1011determining the amount of a fine, if any, to be waived. Any such
1012request shall be made within 20 days after receipt of the notice
1013of payment due. In such case, the candidate or chair of the
1014political committee shall, within the 20-day period, notify the
1015filing officer in writing of his or her intention to bring the
1016matter before the commission.
1017     (d)  The appropriate filing officer shall notify the
1018Florida Elections Commission of the repeated late filing by a
1019candidate or political committee, the failure of a candidate or
1020political committee to file a report after notice, or the
1021failure to pay the fine imposed. The commission shall
1022investigate only those alleged late filing violations
1023specifically identified by the filing officer and as set forth
1024in the notification. Any other alleged violations must be
1025separately stated and reported by the division to the commission
1026under s. 106.25(2).
1027     (9)  The Department of State may prescribe by rule the
1028requirements for filing campaign treasurers' reports as set
1029forth in this chapter.
1030     Section 11.  For the purpose of incorporating the
1031amendments made by this act to section 106.08, Florida Statutes,
1032in a reference thereto, section 106.19, Florida Statutes, is
1033reenacted to read:
1034     106.19  Violations by candidates, persons connected with
1035campaigns, and political committees.--
1036     (1)  Any candidate; campaign manager, campaign treasurer,
1037or deputy treasurer of any candidate; committee chair, vice
1038chair, campaign treasurer, deputy treasurer, or other officer of
1039any political committee; agent or person acting on behalf of any
1040candidate or political committee; or other person who knowingly
1041and willfully:
1042     (a)  Accepts a contribution in excess of the limits
1043prescribed by s. 106.08;
1044     (b)  Fails to report any contribution required to be
1045reported by this chapter;
1046     (c)  Falsely reports or deliberately fails to include any
1047information required by this chapter; or
1048     (d)  Makes or authorizes any expenditure in violation of s.
1049106.11(4) or any other expenditure prohibited by this chapter;
1050is guilty of a misdemeanor of the first degree, punishable as
1051provided in s. 775.082 or s. 775.083.
1052     (2)  Any candidate, campaign treasurer, or deputy
1053treasurer; any chair, vice chair, or other officer of any
1054political committee; any agent or person acting on behalf of any
1055candidate or political committee; or any other person who
1056violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d)
1057shall be subject to a civil penalty equal to three times the
1058amount involved in the illegal act.  Such penalty may be in
1059addition to the penalties provided by subsection (1) and shall
1060be paid into the General Revenue Fund of this state.
1061     (3)  A political committee sponsoring a constitutional
1062amendment proposed by initiative which submits a petition form
1063gathered by a paid petition circulator which does not provide
1064the name and address of the paid petition circulator on the form
1065is subject to the civil penalties prescribed in s. 106.265.
1066     Section 12.  Except as otherwise expressly provided in this
1067act and except for this section, which shall take effect upon
1068becoming a law, this act shall take effect July 1, 2006.
1069
1070======= T I T L E  A M E N D M E N T =======
1071     Remove line 12 and insert:
1072
1073certain conditions; amending s. 106.011, F.S.; redefining
1074the terms "political committee," "contribution,"
1075"expenditure," "communications media," and "electioneering
1076communication"; defining the term "electioneering
1077communications organization"; amending s. 106.022, F.S.;
1078conforming a reference to an electioneering communications
1079organization; amending s. 106.03, F.S.; revising the
1080registration requirements for political committees and
1081electioneering communications organizations; creating s.
1082106.0701; establishing campaign finance reporting
1083requirements for certain officers and candidates
1084soliciting contributions for certain committees and
1085organizations; providing penalties; creating s. 106.0703,
1086F.S.; establishing campaign finance reporting requirements
1087for electioneering communications organizations; providing
1088definitions; amending s. 106.0705, F.S.; incorporating the
1089new campaign finance reporting requirements for
1090electioneering communications organizations into the
1091Department of State's electronic campaign finance
1092reporting system; amending s. 106.08, F.S.; prohibiting
1093the use of certain contributions received by an
1094electioneering communications organization proximate to an
1095election; limiting contributions to certain committees of
1096continuous existence, electioneering communications
1097organizations, and tax-exempt organizations pursuant to 26
1098U.S.C. s. 527 and 501(c)(4); reenacting ss. 106.07,
1099106.08(8), and 106.19, F.S., relating to reports,
1100certification and filing, and penalty provisions, to
1101incorporate the amendments made by this act to ss. 106.03
1102and 106.08, F.S., in references thereto; providing
1103effective dates.


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