1 | Representative(s) Gelber offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line 54 and insert: |
5 |
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6 | Section 2. Subsections (1), (3), (4), (13), and (18) of |
7 | section 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 |
10 | following terms have the following meanings unless the context |
11 | clearly indicates otherwise: |
12 | (1)(a) "Political committee" means: |
13 | 1. A combination of two or more individuals, or a person |
14 | other than an individual, that, in an aggregate amount in excess |
15 | of $500 during a single calendar year: |
16 | a. Accepts contributions for the purpose of making |
17 | contributions to any candidate, political committee, committee |
18 | of continuous existence, or political party; |
19 | b. Accepts contributions for the purpose of expressly |
20 | advocating the election or defeat of a candidate or the passage |
21 | or defeat of an issue; |
22 | c. Makes expenditures that expressly advocate the election |
23 | or defeat of a candidate or the passage or defeat of an issue; |
24 | or |
25 | d. Makes contributions to a common fund, other than a |
26 | joint checking account between spouses, from which contributions |
27 | are made to any candidate, political committee, committee of |
28 | continuous existence, or political party; |
29 | 2. The sponsor of a proposed constitutional amendment by |
30 | initiative who intends to seek the signatures of registered |
31 | electors. |
32 | (b) Notwithstanding paragraph (a), the following entities |
33 | are not considered political committees for purposes of this |
34 | chapter: |
35 | 1. Organizations which are certified by the Department of |
36 | State as committees of continuous existence pursuant to s. |
37 | 106.04, national political parties, and the state and county |
38 | executive committees of political parties regulated by chapter |
39 | 103. |
40 | 2. Corporations regulated by chapter 607 or chapter 617 or |
41 | other business entities formed for purposes other than to |
42 | support or oppose issues or candidates, if their political |
43 | activities are limited to contributions to candidates, political |
44 | parties, or political committees or expenditures in support of |
45 | or opposition to an issue from corporate or business funds and |
46 | if no contributions are received by such corporations or |
47 | business entities. |
48 | 3. Electioneering communications organizations as defined |
49 | in subsection (19) Organizations whose activities are limited to |
50 | making expenditures for electioneering communications or |
51 | accepting contributions for the purpose of making electioneering |
52 | communications; however, such organizations shall be required to |
53 | register with and report expenditures and contributions, |
54 | including contributions those received from committees of |
55 | continuous existence, to the Division of Elections and |
56 | expenditures in the same manner, at the same time, and subject |
57 | to the same penalties, and with the same filing officer as a |
58 | political committee supporting or opposing an issue or a |
59 | legislative a candidate, except as otherwise specifically |
60 | provided in this chapter or issue contained in the |
61 | electioneering communication. If any such organization would be |
62 | required to register and report with more than one filing |
63 | officer, the organization shall register and report solely with |
64 | the Division of Elections. |
65 | (3) "Contribution" means: |
66 | (a) A gift, subscription, conveyance, deposit, loan, |
67 | payment, or distribution of money or anything of value, |
68 | including contributions in kind having an attributable monetary |
69 | value in any form, made for the purpose of influencing the |
70 | results of an election or making an electioneering |
71 | communication. |
72 | (b) A transfer of funds between political committees, |
73 | between committees of continuous existence, between |
74 | electioneering communications organizations, or between any |
75 | combination of these groups or between a political committee and |
76 | a committee of continuous existence. |
77 | (c) The payment, by any person other than a candidate or |
78 | political committee, of compensation for the personal services |
79 | of another person which are rendered to a candidate or political |
80 | committee without charge to the candidate or committee for such |
81 | services. |
82 | (d) The transfer of funds by a campaign treasurer or |
83 | deputy campaign treasurer between a primary depository and a |
84 | separate interest-bearing account or certificate of deposit, and |
85 | the term includes any interest earned on such account or |
86 | certificate. |
87 |
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88 | Notwithstanding the foregoing meanings of "contribution," the |
89 | word shall not be construed to include services, including, but |
90 | not limited to, legal and accounting services, provided without |
91 | compensation by individuals volunteering a portion or all of |
92 | their time on behalf of a candidate or political committee. This |
93 | definition shall not be construed to include editorial |
94 | endorsements. |
95 | (4)(a) "Expenditure" means a purchase, payment, |
96 | distribution, loan, advance, transfer of funds by a campaign |
97 | treasurer or deputy campaign treasurer between a primary |
98 | depository and a separate interest-bearing account or |
99 | certificate of deposit, or gift of money or anything of value |
100 | made for the purpose of influencing the results of an election |
101 | or making an electioneering communication. However, |
102 | "expenditure" does not include a purchase, payment, |
103 | distribution, loan, advance, or gift of money or anything of |
104 | value made for the purpose of influencing the results of an |
105 | election when made by an organization, in existence prior to the |
106 | time during which a candidate qualifies or an issue is placed on |
107 | the ballot for that election, for the purpose of printing or |
108 | distributing such organization's newsletter, containing a |
109 | statement by such organization in support of or opposition to a |
110 | candidate or issue, which newsletter is distributed only to |
111 | members of such organization. |
112 | (b) As used in this chapter, an "expenditure" for an |
113 | electioneering communication is made when the earliest of the |
114 | following occurs: |
115 | 1. A person enters into executes a contract for applicable |
116 | goods or services; |
117 | 2. A person makes payment, in whole or in part, for the |
118 | production or public dissemination of applicable goods or |
119 | services; or |
120 | 3. The electioneering communication is publicly |
121 | disseminated. |
122 | (13) "Communications media" means broadcasting stations, |
123 | newspapers, magazines, outdoor advertising facilities, printers, |
124 | direct mail mailing companies, advertising agencies, the |
125 | Internet, and telephone companies; but with respect to |
126 | telephones, an expenditure shall be deemed to be an expenditure |
127 | for the use of communications media only if made for the costs |
128 | of telephones, paid telephonists, or automatic telephone |
129 | equipment to be used by a candidate or a political committee to |
130 | communicate with potential voters but excluding any costs of |
131 | telephones incurred by a volunteer for use of telephones by such |
132 | volunteer; however, with respect to the Internet, an expenditure |
133 | shall be deemed an expenditure for use of communications media |
134 | only if made for the cost of creating or disseminating a message |
135 | on a computer information system accessible by more than one |
136 | person but excluding internal communications of a campaign or of |
137 | any group. |
138 | (18)(a) "Electioneering communication" means a paid |
139 | expression in any communications media prescribed in subsection |
140 | (13) by means other than the spoken word in direct conversation |
141 | that: |
142 | 1. Refers to or depicts a clearly identified candidate for |
143 | office or contains a clear reference indicating that an issue is |
144 | to be voted on at an election, without expressly advocating the |
145 | election or defeat of a candidate or the passage or defeat of an |
146 | issue. |
147 | 2. For communications referring to or depicting a clearly |
148 | identified candidate for office, is targeted to the relevant |
149 | electorate. A communication is considered targeted if 1,000 or |
150 | more persons in the geographic area the candidate would |
151 | represent if elected will receive the communication. |
152 | 3. For communications referring to or depicting a clearly |
153 | identified candidate for office, is published after the end of |
154 | the candidate qualifying period for the office sought by the |
155 | candidate. |
156 | 4. For communications containing a clear reference |
157 | indicating that an issue is to be voted on at an election, is |
158 | published after the issue is designated a ballot position or 120 |
159 | days before the date of the election on the issue, whichever |
160 | occurs first. |
161 | (b) The term "electioneering communication" does not |
162 | include: |
163 | 1. A statement or depiction by an organization, in |
164 | existence prior to the time during which a candidate named or |
165 | depicted qualifies or an issue identified is placed on the |
166 | ballot for that election, made in that organization's |
167 | newsletter, which newsletter is distributed only to members of |
168 | that organization. |
169 | 2. An editorial endorsement, news story, commentary, or |
170 | editorial by any newspaper, radio, television station, or other |
171 | recognized news medium. |
172 | 3. A communication that constitutes a public debate or |
173 | forum that includes at least two opposing candidates for an |
174 | office or one advocate and one opponent of an issue, or that |
175 | solely promotes such a debate or forum and is made by or on |
176 | behalf of the person sponsoring the debate or forum, provided |
177 | that: |
178 | a. The staging organization is either: |
179 | (I) A charitable organization that does not make other |
180 | electioneering communications and does not otherwise support or |
181 | oppose any political candidate or political party; or |
182 | (II) A newspaper, radio station, television station, or |
183 | other recognized news medium; and |
184 | b. The staging organization does not structure the debate |
185 | to promote or advance one candidate or issue position over |
186 | another. |
187 | (c) For purposes of this chapter, an expenditure made for, |
188 | or in furtherance of, an electioneering communication shall not |
189 | be considered a contribution to or on behalf of any candidate. |
190 | (d) For purposes of this chapter, an electioneering |
191 | communication shall not constitute an independent expenditure |
192 | nor be subject to the limitations applicable to independent |
193 | expenditures. |
194 | (19) "Electioneering communications organization" means |
195 | any group, other than a political party, political committee, or |
196 | committee of continuous existence, whose activities are limited |
197 | to making expenditures for electioneering communications or |
198 | accepting contributions for the purpose of making electioneering |
199 | communications. |
200 | Section 3. Subsection (1) of section 106.022, Florida |
201 | Statutes, is amended to read: |
202 | 106.022 Appointment of a registered agent; duties.-- |
203 | (1) Each political committee, committee of continuous |
204 | existence, or electioneering communications organization entity |
205 | shall have and continuously maintain in this state a registered |
206 | office and a registered agent and must file with the division a |
207 | statement of appointment for the registered office and |
208 | registered agent. The statement of appointment must: |
209 | (a) Provide the name of the registered agent and the |
210 | street address and phone number for the registered office; |
211 | (b) Identify the entity for whom the registered agent |
212 | serves; |
213 | (c) Designate the address the registered agent wishes to |
214 | use to receive mail; |
215 | (d) Include the entity's undertaking to inform the |
216 | division of any change in such designated address; |
217 | (e) Provide for the registered agent's acceptance of the |
218 | appointment, which must confirm that the registered agent is |
219 | familiar with and accepts the obligations of the position as set |
220 | forth in this section; and |
221 | (f) Contain the signature of the registered agent and the |
222 | entity engaging the registered agent. |
223 | Section 4. Section 106.03, Florida Statutes, is amended to |
224 | read: |
225 | 106.03 Registration of political committees.-- |
226 | (1)(a) Each political committee that which anticipates |
227 | receiving contributions or making expenditures during a calendar |
228 | year in an aggregate amount exceeding $500 or that which is |
229 | seeking the signatures of registered electors in support of an |
230 | initiative shall file a statement of organization as provided in |
231 | subsection (3) within 10 days after its organization or, if |
232 | later, within 10 days after the date on which it has information |
233 | that which causes the committee to anticipate that it will |
234 | receive contributions or make expenditures in excess of $500. |
235 | If a political committee is organized within 10 days of any |
236 | election, it shall immediately file the statement of |
237 | organization required by this section. |
238 | (b) Each electioneering communications organization that |
239 | anticipates receiving contributions or making expenditures shall |
240 | file a statement of organization as provided in subsection (3) |
241 | by expedited delivery within 24 hours after its organization or, |
242 | if later, within 24 hours after the date on which it has |
243 | information that causes the organization to anticipate that it |
244 | will receive contributions or make expenditures for an |
245 | electioneering 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 |
249 | affiliated or connected organizations; |
250 | (c) The area, scope, or jurisdiction of the committee; |
251 | (d) The name, street address, and position of the |
252 | custodian of books and accounts; |
253 | (e) The name, street address, and position of other |
254 | principal officers, including officers and members of the |
255 | finance committee, if any; |
256 | (f) The name, address, office sought, and party |
257 | affiliation of: |
258 | 1. Each candidate whom the committee is supporting; |
259 | 2. Any other individual, if any, whom the committee is |
260 | supporting for nomination for election, or election, to any |
261 | public office whatever; |
262 | (g) Any issue or issues such organization is supporting or |
263 | opposing; |
264 | (h) If the committee is supporting the entire ticket of |
265 | any party, a statement to that effect and the name of the party; |
266 | (i) A statement of whether the committee is a continuing |
267 | one; |
268 | (j) Plans for the disposition of residual funds which will |
269 | be made in the event of dissolution; |
270 | (k) A listing of all banks, safe-deposit boxes, or other |
271 | depositories used for committee funds; and |
272 | (l) A statement of the reports required to be filed by the |
273 | committee with federal officials, if any, and the names, |
274 | addresses, and positions of such officials. |
275 | (3)(a) A political committee which is organized to support |
276 | or oppose statewide, legislative, or multicounty candidates or |
277 | issues to be voted upon on a statewide or multicounty basis |
278 | shall file a statement of organization with the Division of |
279 | Elections. |
280 | (b) Except as provided in paragraph (c), a political |
281 | committee which is organized to support or oppose candidates or |
282 | issues to be voted on in a countywide election or candidates or |
283 | issues in any election held on less than a countywide basis |
284 | shall file a statement of organization with the supervisor of |
285 | elections of the county in which such election is being held. |
286 | (c) A political committee which is organized to support or |
287 | oppose only candidates for municipal office or issues to be |
288 | voted on in a municipal election shall file a statement of |
289 | organization with the officer before whom municipal candidates |
290 | qualify. |
291 | (d) Any political committee which would be required under |
292 | this subsection to file a statement of organization in two or |
293 | more locations by reason of the committee's intention to support |
294 | or oppose candidates or issues at state or multicounty and local |
295 | levels of government need file only with the Division of |
296 | Elections. |
297 | (4) Any change in information previously submitted in a |
298 | statement of organization shall be reported to the agency or |
299 | officer with whom such committee is required to register |
300 | pursuant to subsection (3), within 10 days following the change. |
301 | (5) Any committee which, after having filed one or more |
302 | statements of organization, disbands or determines it will no |
303 | longer receive contributions or make expenditures during the |
304 | calendar year in an aggregate amount exceeding $500 shall so |
305 | notify the agency or officer with whom such committee is |
306 | required to file the statement of organization. |
307 | (6) If the filing officer finds that a political committee |
308 | has filed its statement of organization consistent with the |
309 | requirements of subsection (2), it shall notify the committee in |
310 | writing that it has been registered as a political committee. If |
311 | the filing officer finds that a political committee's statement |
312 | of organization does not meet the requirements of subsection |
313 | (2), it shall notify the committee of such finding and shall |
314 | state in writing the reasons for rejection of the statement of |
315 | organization. |
316 | (7) The Division of Elections shall promulgate rules to |
317 | prescribe the manner in which inactive committees may be |
318 | dissolved and have their registration canceled. Such rules |
319 | shall, at a minimum, provide for: |
320 | (a) Notice which shall contain the facts and conduct which |
321 | warrant the intended action, including but not limited to |
322 | failure to file reports and limited activity. |
323 | (b) Adequate opportunity to respond. |
324 | (c) Appeal of the decision to the Florida Elections |
325 | Commission. Such appeals shall be exempt from the |
326 | confidentiality provisions of s. 106.25. |
327 | Section 5. Section 106.0701, Florida Statutes, is created |
328 | to read: |
329 | 106.0701 Statewide and legislative officer's and |
330 | candidate's solicitation of contributions; reporting |
331 | requirements.-- |
332 | (1) The Governor, the Lieutenant Governor, a member of the |
333 | Cabinet, a state legislator, or a candidate for any of these |
334 | offices that solicits or causes to be solicited a contribution |
335 | for a committee of continuous existence, electioneering |
336 | communications organization, organization exempt from taxation |
337 | under 26 U.S.C. s. 527 other than a political party or the |
338 | campaign depository of the solicitor, or an organization exempt |
339 | from taxation under 26 U.S.C. s. 501(c)(4) shall, within 48 |
340 | hours of such solicitation, file a statement with the division |
341 | pursuant to s. 106.0705. The statement shall contain the |
342 | following information: |
343 | (a) The name, street address, and office held or sought of |
344 | the officer or candidate making or causing the solicitation to |
345 | be made. |
346 | (b) The date the solicitation was made. |
347 | (c) The name, street address, and type of organization for |
348 | whom the solicitation was made. |
349 | (d) A description of the relationship between the officer |
350 | or candidate and the organization for whom the solicitation was |
351 | made. |
352 | (2) If an officer or candidate has not been issued a |
353 | secure sign-on to the division's electronic reporting system |
354 | pursuant to s. 106.0705, the officer or candidate making the |
355 | solicitation or causing the solicitation to be made shall, |
356 | within 24 hours of the solicitation, request one from the |
357 | division and file a report of the solicitation within 48 hours |
358 | after receiving the sign-on. |
359 | (3) For purposes of this section, "solicits or causes to |
360 | be solicited a contribution for a committee of continuous |
361 | existence, electioneering communications organization, |
362 | organization exempt from taxation under 26 U.S.C. s. 527 other |
363 | than a political party or the campaign depository of the |
364 | solicitor, or an organization exempt from taxation under 26 |
365 | U.S.C. s. 501(c)(4)" means to expressly seek, ask, petition, |
366 | beseech, or request, directly or indirectly, that a gift, |
367 | subscription, conveyance, deposit, loan, payment, or |
368 | distribution of money or anything of value, including |
369 | contributions in kind having an attributable monetary value in |
370 | any form, be given, directly or indirectly, to the committee or |
371 | organization; however, the term does not include a general |
372 | appeal to support the committee or organization if the appeal |
373 | fails to expressly seek, ask, petition, beseech, or request that |
374 | something with a monetary value be given to the committee or |
375 | organization. |
376 | (4) Any officer or employee who fails to timely file a |
377 | solicitation report required by this section shall be subject to |
378 | the penalties for late-filed campaign finance reports pursuant |
379 | to s. 106.07(8). |
380 | Section 6. Section 106.0703, Florida Statutes, is created |
381 | to read: |
382 | 106.0703 Electioneering communications organizations; |
383 | additional reporting requirements.-- |
384 | (1) In addition to the reporting requirements in s. |
385 | 106.07, an electioneering communications organization shall, |
386 | within 2 days after receiving its initial password or secure |
387 | sign-on from the Department of State allowing confidential |
388 | access to the department's electronic campaign finance filing |
389 | system, electronically file the periodic campaign finance |
390 | reports that would have been required pursuant to s. 106.07 for |
391 | reportable activities that occurred since the date of the last |
392 | general election. |
393 | (2) In addition to the reporting requirements in s. |
394 | 106.07, an electioneering communications organization shall |
395 | electronically file a supplemental report of each contribution |
396 | of $5,000 or more received by the organization within 2 days |
397 | after receipt. The supplemental report must include the |
398 | information required in s. 106.07(4)(a)1.-5. The electioneering |
399 | communications organization shall not include each contribution |
400 | reported pursuant to this subsection on the quarterly or |
401 | periodic campaign finance report pursuant to s. 106.07 for the |
402 | reporting period in which the contribution was received. |
403 | Section 7. Section 106.0705, Florida Statutes, is amended |
404 | to read: |
405 | 106.0705 Electronic filing of campaign treasurer's |
406 | reports.-- |
407 | (1) As used in this section, "electronic filing system" |
408 | means an Internet system for recording and reporting campaign |
409 | finance activity by reporting period. |
410 | (2)(a) Each candidate who is required to file reports |
411 | pursuant to s. 106.07 with the division must file such reports |
412 | with the division by means of the division's electronic filing |
413 | system. |
414 | (b) Each political committee, committee of continuous |
415 | existence, electioneering communications organization, or state |
416 | executive committee that is required to file reports with the |
417 | division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29, |
418 | as applicable, must file such reports with the division by means |
419 | of the division's electronic filing system. |
420 | (c) Each person or organization that is required to file |
421 | reports with the division under s. 106.071 must file such |
422 | reports with the division by means of the division's electronic |
423 | filing system. |
424 | (3) Reports filed pursuant to this section shall be |
425 | completed and filed through the electronic filing system not |
426 | later than midnight of the day designated. Reports not filed by |
427 | midnight of the day designated are late filed and are subject to |
428 | the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3), |
429 | as applicable. |
430 | (4) Each report filed pursuant to this section is |
431 | considered to be under oath by the candidate and treasurer or |
432 | the chair and treasurer, whichever is applicable, and such |
433 | persons are subject to the provisions of s. 106.04(4)(d), s. |
434 | 106.07(5), or s. 106.29(2), as applicable. Persons given a |
435 | secure sign-on to the electronic filing system are responsible |
436 | for protecting such from disclosure and are responsible for all |
437 | filings using such credentials, unless they have notified the |
438 | division that their credentials have been compromised. |
439 | (5) The electronic filing system developed by the division |
440 | must: |
441 | (a) Be based on access by means of the Internet. |
442 | (b) Be accessible by anyone with Internet access using |
443 | standard web-browsing software. |
444 | (c) Provide for direct entry of campaign finance |
445 | information as well as upload of such information from campaign |
446 | finance software certified by the division. |
447 | (d) Provide a method that prevents unauthorized access to |
448 | electronic filing system functions. |
449 | (6) The division shall adopt rules pursuant to ss. |
450 | 120.536(1) and 120.54 to administer this section and provide for |
451 | the reports required to be filed pursuant to this section. Such |
452 | rules shall, at a minimum, provide: |
453 | (a) Alternate filing procedures in case the division's |
454 | electronic filing system is not operable. |
455 | (b) For the issuance of an electronic receipt to the |
456 | person submitting the report indicating and verifying that the |
457 | report has been filed. |
458 | (7) Notwithstanding anything in law to the contrary, any |
459 | report required to have been filed under this section for the |
460 | period ended March 31, 2005, shall be deemed to have been timely |
461 | filed if the report is filed under this section on or before |
462 | June 1, 2005. |
463 | Section 8. Effective upon this act becoming a law, |
464 | subsections (5) and (7) of section 106.08, Florida Statutes, are |
465 | amended to read: |
466 | 106.08 Contributions; limitations on.-- |
467 | (5)(a) A person may not make any contribution through or |
468 | in the name of another, directly or indirectly, in any election. |
469 | (b) Candidates, political committees, and political |
470 | parties may not solicit contributions from any religious, |
471 | charitable, civic, or other causes or organizations established |
472 | primarily for the public good. |
473 | (c) Candidates, political committees, and political |
474 | parties may not make contributions, in exchange for political |
475 | support, to any religious, charitable, civic, or other cause or |
476 | organization established primarily for the public good. It is |
477 | not a violation of this paragraph for: |
478 | 1. A candidate, political committee, or political party |
479 | executive committee to make gifts of money in lieu of flowers in |
480 | memory of a deceased person; |
481 | 2. A candidate to continue membership in, or make regular |
482 | donations from personal or business funds to, religious, |
483 | political party, civic, or charitable groups of which the |
484 | candidate is a member or to which the candidate has been a |
485 | regular donor for more than 6 months; or |
486 | 3. A candidate to purchase, with campaign funds, tickets, |
487 | admission to events, or advertisements from religious, civic, |
488 | political party, or charitable groups. |
489 | (d)1. Committees of continuous existence, electioneering |
490 | communications organizations, organizations exempt from taxation |
491 | under 26 U.S.C. s. 527 other than a political party, and |
492 | organizations exempt from taxation under 26 U.S.C. s. 501(c)(4) |
493 | shall not, in any election, accept contributions in excess of |
494 | $500 from an individual or group if, during the current election |
495 | period ending on the date of the next general election, the |
496 | committee or organization directly or indirectly through one or |
497 | more intermediaries: |
498 | a. Reimburses or pays for any expenses of the Governor, |
499 | the Lieutenant Governor, a member of the Cabinet, a state |
500 | legislator, a candidate for any of these offices, an employee or |
501 | agent of the officer or candidate, or a member of the officer's |
502 | or candidate's immediate family. |
503 | b. Is, in whole or in part, established, organized, |
504 | operated, or controlled by the Governor, the Lieutenant |
505 | Governor, a member of the Cabinet, a state legislator, a |
506 | candidate for any of these offices, an employee or agent of the |
507 | officer or candidate, or a member of the officer's or |
508 | candidate's immediate family, provided the committee or |
509 | organization directly or indirectly makes or has made a |
510 | contribution to, or an expenditure for the benefit of, the |
511 | officer's or candidate's campaign for publicly-elected office. |
512 | c. Knowingly receives contributions solicited by, caused |
513 | to be solicited by, or accepted on behalf of the committee or |
514 | organization by the Governor, the Lieutenant Governor, a member |
515 | of the Cabinet, a state legislator, a candidate for any of these |
516 | offices, an employee or agent of the officer or candidate, or a |
517 | member of the officer's or candidate's immediate family, |
518 | provided the committee or organization directly or indirectly |
519 | makes or has made a contribution to, or an expenditure for the |
520 | benefit of, the officer's or candidate's campaign for publicly- |
521 | elected office in an amount exceeding $500 in the aggregate in |
522 | any election. |
523 | 2. For purposes of this paragraph, "immediate family" |
524 | means the spouse, parent, child, grandparent, or sibling of the |
525 | officer or candidate. |
526 | 3. Notwithstanding the limits provided in this paragraph, |
527 | a committee or organization that is subject to the $500 |
528 | contribution limit in subparagraph 1. shall not accept a |
529 | contribution in excess of $100 from an unemancipated child under |
530 | the age of 18. |
531 | 4. The contribution limits of this paragraph apply to each |
532 | election. For purposes of this paragraph, the primary election |
533 | and the general election are separate elections so long as the |
534 | candidate that the committee or organization supports or |
535 | opposes, or who is referred to or depicted in the committee's or |
536 | organization's electioneering communications, is not an |
537 | unopposed candidate as defined in s. 106.011(15). However, for |
538 | the purpose of contribution limits with respect to committees |
539 | and organizations supporting or opposing only candidates for |
540 | retention as a justice or judge, or referring to or depicting |
541 | only candidates for retention as a justice or judge in the |
542 | committee's or organization's electioneering communications, |
543 | there is only one election, which is the general election. |
544 | (7)(a) Any person who knowingly and willfully makes, |
545 | solicits, or accepts no more than one contribution in violation |
546 | of subsection (1) or subsection (5), or any person who knowingly |
547 | and willfully fails or refuses to return any contribution as |
548 | required in subsection (3), commits a misdemeanor of the first |
549 | degree, punishable as provided in s. 775.082 or s. 775.083. If |
550 | any corporation, partnership, or other business entity or any |
551 | political party, political committee, or committee of continuous |
552 | existence is convicted of knowingly and willfully violating any |
553 | provision punishable under this paragraph, it shall be fined not |
554 | less than $1,000 and not more than $10,000. If it is a domestic |
555 | entity, it may be ordered dissolved by a court of competent |
556 | jurisdiction; if it is a foreign or nonresident business entity, |
557 | its right to do business in this state may be forfeited. Any |
558 | officer, partner, agent, attorney, or other representative of a |
559 | corporation, partnership, or other business entity or of a |
560 | political party, political committee, or committee of continuous |
561 | existence who aids, abets, advises, or participates in a |
562 | violation of any provision punishable under this paragraph |
563 | commits a misdemeanor of the first degree, punishable as |
564 | provided in s. 775.082 or s. 775.083. |
565 | (b) Any person who knowingly and willfully makes, |
566 | solicits, or accepts two or more contributions in violation of |
567 | subsection (1) or subsection (5) commits a felony of the third |
568 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
569 | 775.084. If any corporation, partnership, or other business |
570 | entity or any political party, political committee, or committee |
571 | of continuous existence is convicted of knowingly and willfully |
572 | violating any provision punishable under this paragraph, it |
573 | shall be fined not less than $10,000 and not more than $50,000. |
574 | If it is a domestic entity, it may be ordered dissolved by a |
575 | court of competent jurisdiction; if it is a foreign or |
576 | nonresident business entity, its right to do business in this |
577 | state may be forfeited. Any officer, partner, agent, attorney, |
578 | or other representative of a corporation, partnership, or other |
579 | business entity, or of a political committee, committee of |
580 | continuous existence, or political party who aids, abets, |
581 | advises, or participates in a violation of any provision |
582 | punishable under this paragraph commits a felony of the third |
583 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
584 | 775.084. |
585 | Section 9. Subsection (4) of section 106.08, Florida |
586 | Statutes, is amended, subsections (5) and (7) of that section, |
587 | as amended by this act, are amended, and subsection (8) of that |
588 | section is reenacted, to read: |
589 | 106.08 Contributions; limitations on.-- |
590 | (4)(a) Any contribution received by the chair, campaign |
591 | treasurer, or deputy campaign treasurer of a political committee |
592 | supporting or opposing a candidate with opposition in an |
593 | election or supporting or opposing an issue on the ballot in an |
594 | election on the day of that election or less than 5 days prior |
595 | to the day of that election may not be obligated or expended by |
596 | the committee until after the date of the election. |
597 | (b) Any contribution received by an electioneering |
598 | communications organization on the day of an election or less |
599 | than 10 days prior to the day of that election may not be |
600 | obligated or expended by the organization until after the date |
601 | of the election, and may not be expended to pay for any |
602 | obligation arising prior to the election. |
603 | (5)(a) A person may not make any contribution through or |
604 | in the name of another, directly or indirectly, in any election. |
605 | (b) Candidates, political committees, and political |
606 | parties may not solicit contributions from any religious, |
607 | charitable, civic, or other causes or organizations established |
608 | primarily for the public good. |
609 | (c) Candidates, political committees, and political |
610 | parties may not make contributions, in exchange for political |
611 | support, to any religious, charitable, civic, or other cause or |
612 | organization established primarily for the public good. It is |
613 | not a violation of this paragraph for: |
614 | 1. A candidate, political committee, or political party |
615 | executive committee to make gifts of money in lieu of flowers in |
616 | memory of a deceased person; |
617 | 2. A candidate to continue membership in, or make regular |
618 | donations from personal or business funds to, religious, |
619 | political party, civic, or charitable groups of which the |
620 | candidate is a member or to which the candidate has been a |
621 | regular donor for more than 6 months; or |
622 | 3. A candidate to purchase, with campaign funds, tickets, |
623 | admission to events, or advertisements from religious, civic, |
624 | political party, or charitable groups. |
625 | (d)1. Committees of continuous existence, electioneering |
626 | communications organizations, organizations exempt from taxation |
627 | under 26 U.S.C. s. 527 other than a political party, and |
628 | organizations exempt from taxation under 26 U.S.C. s. 501(c)(4) |
629 | shall not, in any election, accept contributions in excess of |
630 | $500 from an individual or group if, during the current election |
631 | period ending on the date of the next general election, the |
632 | committee or organization directly or indirectly through one or |
633 | more intermediaries: |
634 | a. Reimburses or pays for any expenses of the Governor, |
635 | the Lieutenant Governor, a member of the Cabinet, a state |
636 | legislator, a candidate for any of these offices, an employee or |
637 | agent of the officer or candidate, or a member of the officer's |
638 | or candidate's immediate family. |
639 | b. Is, in whole or in part, established, organized, |
640 | operated, or controlled by the Governor, the Lieutenant |
641 | Governor, a member of the Cabinet, a state legislator, a |
642 | candidate for any of these offices, an employee or agent of the |
643 | officer or candidate, or a member of the officer's or |
644 | candidate's immediate family, provided the committee or |
645 | organization directly or indirectly makes or has made a |
646 | contribution to, or an expenditure for the benefit of, the |
647 | officer's or candidate's campaign for publicly-elected office. |
648 | c. Knowingly receives contributions solicited by, caused |
649 | to be solicited by, or accepted on behalf of the committee or |
650 | organization by the Governor, the Lieutenant Governor, a member |
651 | of the Cabinet, a state legislator, a candidate for any of these |
652 | offices, an employee or agent of the officer or candidate, or a |
653 | member of the officer's or candidate's immediate family, |
654 | provided the committee or organization directly or indirectly |
655 | makes or has made a contribution to, or an expenditure for the |
656 | benefit of, the officer's or candidate's campaign for publicly- |
657 | elected office in an amount exceeding $500 in the aggregate in |
658 | any election. |
659 | 2. For purposes of this paragraph, "immediate family" |
660 | means the spouse, parent, child, grandparent, or sibling of the |
661 | officer or candidate. |
662 | 3. Notwithstanding the limits provided in this paragraph, |
663 | a committee or organization that is subject to the $500 |
664 | contribution limit in subparagraph 1. shall not accept a |
665 | contribution in excess of $100 from an unemancipated child under |
666 | the age of 18. |
667 | 4. The contribution limits of this paragraph apply to each |
668 | election. For purposes of this paragraph, the primary election |
669 | and the general election are separate elections so long as the |
670 | candidate that the committee or organization supports or |
671 | opposes, or who is referred to or depicted in the committee's or |
672 | organization's electioneering communications, is not an |
673 | unopposed candidate as defined in s. 106.011(15). However, for |
674 | the purpose of contribution limits with respect to committees |
675 | and organizations supporting or opposing only candidates for |
676 | retention as a justice or judge, or referring to or depicting |
677 | only candidates for retention as a justice or judge in the |
678 | committee's or organization's electioneering communications, |
679 | there is only one election, which is the general election. |
680 | (e) An electioneering communications organization may not |
681 | accept a contribution from an organization exempt from taxation |
682 | under 26 U.S.C. s. 527 or s. 501(c)(4), other than a political |
683 | committee, committee of continuous existence, or political |
684 | party, unless the contributing organization has registered as if |
685 | it were an electioneering communications organization pursuant |
686 | to s. 106.03 and has filed all campaign finance reports required |
687 | of electioneering communications organizations pursuant to ss. |
688 | 106.07 and 106.0703. |
689 | (7)(a) Any person who knowingly and willfully makes, |
690 | solicits, or accepts no more than one contribution in violation |
691 | of subsection (1) or subsection (5), or any person who knowingly |
692 | and willfully fails or refuses to return any contribution as |
693 | required in subsection (3), commits a misdemeanor of the first |
694 | degree, punishable as provided in s. 775.082 or s. 775.083. If |
695 | any corporation, partnership, or other business entity or any |
696 | political party, political committee, or committee of continuous |
697 | existence, or electioneering communications organization is |
698 | convicted of knowingly and willfully violating any provision |
699 | punishable 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, |
701 | it may be ordered dissolved by a court of competent |
702 | jurisdiction; if it is a foreign or nonresident business entity, |
703 | its right to do business in this state may be forfeited. Any |
704 | officer, partner, agent, attorney, or other representative of a |
705 | corporation, partnership, or other business entity or of a |
706 | political party, political committee, or committee of continuous |
707 | existence, electioneering communications organization, or |
708 | organization exempt from taxation under 26 U.S.C. s. 527 or s. |
709 | 501(c)(4), who aids, abets, advises, or participates in a |
710 | violation of any provision punishable under this paragraph |
711 | commits a misdemeanor of the first degree, punishable as |
712 | provided in s. 775.082 or s. 775.083. |
713 | (b) Any person who knowingly and willfully makes, |
714 | solicits, or accepts two or more contributions in violation of |
715 | subsection (1) or subsection (5) commits a felony of the third |
716 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
717 | 775.084. If any corporation, partnership, or other business |
718 | entity or any political party, political committee, or committee |
719 | of continuous existence, or electioneering communications |
720 | organization is convicted of knowingly and willfully violating |
721 | any provision punishable under this paragraph, it shall be fined |
722 | not less than $10,000 and not more than $50,000. If it is a |
723 | domestic entity, it may be ordered dissolved by a court of |
724 | competent jurisdiction; if it is a foreign or nonresident |
725 | business entity, its right to do business in this state may be |
726 | forfeited. Any officer, partner, agent, attorney, or other |
727 | representative of a corporation, partnership, or other business |
728 | entity, or of a political committee, committee of continuous |
729 | existence, or political party, electioneering communications |
730 | organization, or organization exempt from taxation under 26 |
731 | U.S.C. s. 527 or s. 501(c)(4), who aids, abets, advises, or |
732 | participates in a violation of any provision punishable under |
733 | this paragraph commits a felony of the third degree, punishable |
734 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
735 | (8) Except when otherwise provided in subsection (7), any |
736 | person who knowingly and willfully violates any provision of |
737 | this section shall, in addition to any other penalty prescribed |
738 | by this chapter, pay to the state a sum equal to twice the |
739 | amount contributed in violation of this chapter. Each campaign |
740 | treasurer shall pay all amounts contributed in violation of this |
741 | section to the state for deposit in the General Revenue Fund. |
742 | Section 10. For the purpose of incorporating the |
743 | amendments made by this act to section 106.03, Florida Statutes, |
744 | in a reference thereto, section 106.07, Florida Statutes, is |
745 | reenacted to read: |
746 | 106.07 Reports; certification and filing.-- |
747 | (1) Each campaign treasurer designated by a candidate or |
748 | political committee pursuant to s. 106.021 shall file regular |
749 | reports of all contributions received, and all expenditures |
750 | made, by or on behalf of such candidate or political committee. |
751 | Reports shall be filed on the 10th day following the end of each |
752 | calendar quarter from the time the campaign treasurer is |
753 | appointed, except that, if the 10th day following the end of a |
754 | calendar quarter occurs on a Saturday, Sunday, or legal holiday, |
755 | the report shall be filed on the next following day which is not |
756 | a Saturday, Sunday, or legal holiday. Quarterly reports shall |
757 | include all contributions received and expenditures made during |
758 | the calendar quarter which have not otherwise been reported |
759 | pursuant to this section. |
760 | (a) Except as provided in paragraph (b), following the |
761 | last day of qualifying for office, the reports shall be filed on |
762 | the 32nd, 18th, and 4th days immediately preceding the primary |
763 | and on the 46th, 32nd, 18th, and 4th days immediately preceding |
764 | the election, for a candidate who is opposed in seeking |
765 | nomination or election to any office, for a political committee, |
766 | or for a committee of continuous existence. |
767 | (b) Following the last day of qualifying for office, any |
768 | statewide candidate who has requested to receive contributions |
769 | from the Election Campaign Financing Trust Fund or any statewide |
770 | candidate in a race with a candidate who has requested to |
771 | receive contributions from the trust fund shall file reports on |
772 | the 4th, 11th, 18th, 25th, and 32nd days prior to the primary |
773 | election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, |
774 | and 53rd days prior to the general election. |
775 | (c) Following the last day of qualifying for office, any |
776 | unopposed candidate need only file a report within 90 days after |
777 | the date such candidate became unopposed. Such report shall |
778 | contain all previously unreported contributions and expenditures |
779 | as required by this section and shall reflect disposition of |
780 | funds as required by s. 106.141. |
781 | (d)1. When a special election is called to fill a vacancy |
782 | in office, all political committees and committees of continuous |
783 | existence making contributions or expenditures to influence the |
784 | results of such special election shall file campaign treasurers' |
785 | reports with the filing officer on the dates set by the |
786 | Department of State pursuant to s. 100.111. |
787 | 2. When an election is called for an issue to appear on |
788 | the ballot at a time when no candidates are scheduled to appear |
789 | on the ballot, all political committees making contributions or |
790 | expenditures in support of or in opposition to such issue shall |
791 | file reports on the 18th and 4th days prior to such election. |
792 | (e) The filing officer shall provide each candidate with a |
793 | schedule designating the beginning and end of reporting periods |
794 | as well as the corresponding designated due dates. |
795 | (2)(a) All reports required of a candidate by this section |
796 | shall be filed with the officer before whom the candidate is |
797 | required by law to qualify. All candidates who file with the |
798 | Department of State shall file their reports pursuant to s. |
799 | 106.0705. In addition, a copy of each report for candidates for |
800 | other than statewide office who qualify with the Department of |
801 | State shall be filed with the supervisor of elections in the |
802 | county where the candidate resides. Except as provided in s. |
803 | 106.0705, reports shall be filed not later than 5 p.m. of the |
804 | day designated; however, any report postmarked by the United |
805 | States Postal Service no later than midnight of the day |
806 | designated shall be deemed to have been filed in a timely |
807 | manner. Any report received by the filing officer within 5 days |
808 | after the designated due date that was delivered by the United |
809 | States Postal Service shall be deemed timely filed unless it has |
810 | a postmark that indicates that the report was mailed after the |
811 | designated due date. A certificate of mailing obtained from and |
812 | dated by the United States Postal Service at the time of |
813 | mailing, or a receipt from an established courier company, which |
814 | bears a date on or before the date on which the report is due, |
815 | shall be proof of mailing in a timely manner. Reports shall |
816 | contain information of all previously unreported contributions |
817 | received and expenditures made as of the preceding Friday, |
818 | except that the report filed on the Friday immediately preceding |
819 | the election shall contain information of all previously |
820 | unreported contributions received and expenditures made as of |
821 | the day preceding that designated due date. All such reports |
822 | shall be open to public inspection. |
823 | (b)1. Any report which is deemed to be incomplete by the |
824 | officer with whom the candidate qualifies shall be accepted on a |
825 | conditional basis, and the campaign treasurer shall be notified |
826 | by registered mail as to why the report is incomplete and be |
827 | given 3 days from receipt of such notice to file an addendum to |
828 | the report providing all information necessary to complete the |
829 | report in compliance with this section. Failure to file a |
830 | complete report after such notice constitutes a violation of |
831 | this chapter. |
832 | 2. In lieu of the notice by registered mail as required in |
833 | subparagraph 1., the qualifying officer may notify the campaign |
834 | treasurer by telephone that the report is incomplete and request |
835 | the information necessary to complete the report. If, however, |
836 | such information is not received by the qualifying officer |
837 | within 3 days after the telephone request therefor, notice shall |
838 | be sent by registered mail as provided in subparagraph 1. |
839 | (3) Reports required of a political committee shall be |
840 | filed with the agency or officer before whom such committee |
841 | registers pursuant to s. 106.03(3) and shall be subject to the |
842 | same filing conditions as established for candidates' reports. |
843 | Incomplete reports by political committees shall be treated in |
844 | the manner provided for incomplete reports by candidates in |
845 | subsection (2). |
846 | (4)(a) Each report required by this section shall contain: |
847 | 1. The full name, address, and occupation, if any of each |
848 | person who has made one or more contributions to or for such |
849 | committee or candidate within the reporting period, together |
850 | with the amount and date of such contributions. For |
851 | corporations, the report must provide as clear a description as |
852 | practicable of the principal type of business conducted by the |
853 | corporation. However, if the contribution is $100 or less or is |
854 | from a relative, as defined in s. 112.312, provided that the |
855 | relationship is reported, the occupation of the contributor or |
856 | the principal type of business need not be listed. |
857 | 2. The name and address of each political committee from |
858 | which the reporting committee or the candidate received, or to |
859 | which the reporting committee or candidate made, any transfer of |
860 | funds, together with the amounts and dates of all transfers. |
861 | 3. Each loan for campaign purposes to or from any person |
862 | or political committee within the reporting period, together |
863 | with the full names, addresses, and occupations, and principal |
864 | places of business, if any, of the lender and endorsers, if any, |
865 | and the date and amount of such loans. |
866 | 4. A statement of each contribution, rebate, refund, or |
867 | other receipt not otherwise listed under subparagraphs 1. |
868 | through 3. |
869 | 5. The total sums of all loans, in-kind contributions, and |
870 | other receipts by or for such committee or candidate during the |
871 | reporting period. The reporting forms shall be designed to |
872 | elicit separate totals for in-kind contributions, loans, and |
873 | other receipts. |
874 | 6. The full name and address of each person to whom |
875 | expenditures have been made by or on behalf of the committee or |
876 | candidate within the reporting period; the amount, date, and |
877 | purpose of each such expenditure; and the name and address of, |
878 | and office sought by, each candidate on whose behalf such |
879 | expenditure was made. However, expenditures made from the petty |
880 | cash fund provided by s. 106.12 need not be reported |
881 | individually. |
882 | 7. The full name and address of each person to whom an |
883 | expenditure for personal services, salary, or reimbursement for |
884 | authorized expenses as provided in s. 106.021(3) has been made |
885 | and which is not otherwise reported, including the amount, date, |
886 | and purpose of such expenditure. However, expenditures made from |
887 | the petty cash fund provided for in s. 106.12 need not be |
888 | reported individually. |
889 | 8. The total amount withdrawn and the total amount spent |
890 | for petty cash purposes pursuant to this chapter during the |
891 | reporting period. |
892 | 9. The total sum of expenditures made by such committee or |
893 | candidate during the reporting period. |
894 | 10. The amount and nature of debts and obligations owed by |
895 | or to the committee or candidate, which relate to the conduct of |
896 | any political campaign. |
897 | 11. A copy of each credit card statement which shall be |
898 | included in the next report following receipt thereof by the |
899 | candidate or political committee. Receipts for each credit card |
900 | purchase shall be retained by the treasurer with the records for |
901 | the campaign account. |
902 | 12. The amount and nature of any separate interest-bearing |
903 | accounts or certificates of deposit and identification of the |
904 | financial institution in which such accounts or certificates of |
905 | deposit are located. |
906 | 13. The primary purposes of an expenditure made indirectly |
907 | through a campaign treasurer pursuant to s. 106.021(3) for goods |
908 | and services such as communications media placement or |
909 | procurement services, campaign signs, insurance, and other |
910 | expenditures that include multiple components as part of the |
911 | expenditure. The primary purpose of an expenditure shall be that |
912 | purpose, including integral and directly related components, |
913 | that comprises 80 percent of such expenditure. |
914 | (b) The filing officer shall make available to any |
915 | candidate or committee a reporting form which the candidate or |
916 | committee may use to indicate contributions received by the |
917 | candidate or committee but returned to the contributor before |
918 | deposit. |
919 | (5) The candidate and his or her campaign treasurer, in |
920 | the case of a candidate, or the political committee chair and |
921 | campaign treasurer of the committee, in the case of a political |
922 | committee, shall certify as to the correctness of each report; |
923 | and each person so certifying shall bear the responsibility for |
924 | the accuracy and veracity of each report. Any campaign |
925 | treasurer, candidate, or political committee chair who willfully |
926 | certifies the correctness of any report while knowing that such |
927 | report is incorrect, false, or incomplete commits a misdemeanor |
928 | of the first degree, punishable as provided in s. 775.082 or s. |
929 | 775.083. |
930 | (6) The campaign depository shall return all checks drawn |
931 | on the account to the campaign treasurer who shall retain the |
932 | records pursuant to s. 106.06. The records maintained by the |
933 | depository with respect to such account shall be subject to |
934 | inspection by an agent of the Division of Elections or the |
935 | Florida Elections Commission at any time during normal banking |
936 | hours, and such depository shall furnish certified copies of any |
937 | of such records to the Division of Elections or Florida |
938 | Elections Commission upon request. |
939 | (7) Notwithstanding any other provisions of this chapter, |
940 | in any reporting period during which a candidate, political |
941 | committee, or committee of continuous existence has not received |
942 | funds, made any contributions, or expended any reportable funds, |
943 | the filing of the required report for that period is waived. |
944 | However, the next report filed must specify that the report |
945 | covers the entire period between the last submitted report and |
946 | the report being filed, and any candidate, political committee, |
947 | or committee of continuous existence not reporting by virtue of |
948 | this subsection on dates prescribed elsewhere in this chapter |
949 | shall notify the filing officer in writing on the prescribed |
950 | reporting date that no report is being filed on that date. |
951 | (8)(a) Any candidate or political committee failing to |
952 | file a report on the designated due date shall be subject to a |
953 | fine as provided in paragraph (b) for each late day, and, in the |
954 | case of a candidate, such fine shall be paid only from personal |
955 | funds of the candidate. The fine shall be assessed by the filing |
956 | officer and the moneys collected shall be deposited: |
957 | 1. In the General Revenue Fund, in the case of a candidate |
958 | for state office or a political committee that registers with |
959 | the Division of Elections; or |
960 | 2. In the general revenue fund of the political |
961 | subdivision, in the case of a candidate for an office of a |
962 | political subdivision or a political committee that registers |
963 | with an officer of a political subdivision. |
964 |
|
965 | No separate fine shall be assessed for failure to file a copy of |
966 | any report required by this section. |
967 | (b) Upon determining that a report is late, the filing |
968 | officer shall immediately notify the candidate or chair of the |
969 | political committee as to the failure to file a report by the |
970 | designated due date and that a fine is being assessed for each |
971 | late day. The fine shall be $50 per day for the first 3 days |
972 | late and, thereafter, $500 per day for each late day, not to |
973 | exceed 25 percent of the total receipts or expenditures, |
974 | whichever is greater, for the period covered by the late report. |
975 | However, for the reports immediately preceding each primary and |
976 | general election, the fine shall be $500 per day for each late |
977 | day, not to exceed 25 percent of the total receipts or |
978 | expenditures, whichever is greater, for the period covered by |
979 | the late report. For reports required under s. 106.141(7), the |
980 | fine is $50 per day for each late day, not to exceed 25 percent |
981 | of the total receipts or expenditures, whichever is greater, for |
982 | the period covered by the late report. Upon receipt of the |
983 | report, the filing officer shall determine the amount of the |
984 | fine which is due and shall notify the candidate or chair. The |
985 | filing officer shall determine the amount of the fine due based |
986 | upon 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 |
991 | dated. |
992 | 5. When the electronic receipt issued pursuant to s. |
993 | 106.0705 is dated. |
994 |
|
995 | Such fine shall be paid to the filing officer within 20 days |
996 | after receipt of the notice of payment due, unless appeal is |
997 | made to the Florida Elections Commission pursuant to paragraph |
998 | (c). In the case of a candidate, such fine shall not be an |
999 | allowable campaign expenditure and shall be paid only from |
1000 | personal funds of the candidate. An officer or member of a |
1001 | political committee shall not be personally liable for such |
1002 | fine. |
1003 | (c) Any candidate or chair of a political committee may |
1004 | appeal or dispute the fine, based upon, but not limited to, |
1005 | unusual circumstances surrounding the failure to file on the |
1006 | designated due date, and may request and shall be entitled to a |
1007 | hearing before the Florida Elections Commission, which shall |
1008 | have the authority to waive the fine in whole or in part. The |
1009 | Florida Elections Commission must consider the mitigating and |
1010 | aggravating circumstances contained in s. 106.265(1) when |
1011 | determining the amount of a fine, if any, to be waived. Any such |
1012 | request shall be made within 20 days after receipt of the notice |
1013 | of payment due. In such case, the candidate or chair of the |
1014 | political committee shall, within the 20-day period, notify the |
1015 | filing officer in writing of his or her intention to bring the |
1016 | matter before the commission. |
1017 | (d) The appropriate filing officer shall notify the |
1018 | Florida Elections Commission of the repeated late filing by a |
1019 | candidate or political committee, the failure of a candidate or |
1020 | political committee to file a report after notice, or the |
1021 | failure to pay the fine imposed. The commission shall |
1022 | investigate only those alleged late filing violations |
1023 | specifically identified by the filing officer and as set forth |
1024 | in the notification. Any other alleged violations must be |
1025 | separately stated and reported by the division to the commission |
1026 | under s. 106.25(2). |
1027 | (9) The Department of State may prescribe by rule the |
1028 | requirements for filing campaign treasurers' reports as set |
1029 | forth in this chapter. |
1030 | Section 11. For the purpose of incorporating the |
1031 | amendments made by this act to section 106.08, Florida Statutes, |
1032 | in a reference thereto, section 106.19, Florida Statutes, is |
1033 | reenacted to read: |
1034 | 106.19 Violations by candidates, persons connected with |
1035 | campaigns, and political committees.-- |
1036 | (1) Any candidate; campaign manager, campaign treasurer, |
1037 | or deputy treasurer of any candidate; committee chair, vice |
1038 | chair, campaign treasurer, deputy treasurer, or other officer of |
1039 | any political committee; agent or person acting on behalf of any |
1040 | candidate or political committee; or other person who knowingly |
1041 | and willfully: |
1042 | (a) Accepts a contribution in excess of the limits |
1043 | prescribed by s. 106.08; |
1044 | (b) Fails to report any contribution required to be |
1045 | reported by this chapter; |
1046 | (c) Falsely reports or deliberately fails to include any |
1047 | information required by this chapter; or |
1048 | (d) Makes or authorizes any expenditure in violation of s. |
1049 | 106.11(4) or any other expenditure prohibited by this chapter; |
1050 | is guilty of a misdemeanor of the first degree, punishable as |
1051 | provided in s. 775.082 or s. 775.083. |
1052 | (2) Any candidate, campaign treasurer, or deputy |
1053 | treasurer; any chair, vice chair, or other officer of any |
1054 | political committee; any agent or person acting on behalf of any |
1055 | candidate or political committee; or any other person who |
1056 | violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) |
1057 | shall be subject to a civil penalty equal to three times the |
1058 | amount involved in the illegal act. Such penalty may be in |
1059 | addition to the penalties provided by subsection (1) and shall |
1060 | be paid into the General Revenue Fund of this state. |
1061 | (3) A political committee sponsoring a constitutional |
1062 | amendment proposed by initiative which submits a petition form |
1063 | gathered by a paid petition circulator which does not provide |
1064 | the name and address of the paid petition circulator on the form |
1065 | is subject to the civil penalties prescribed in s. 106.265. |
1066 | Section 12. Except as otherwise expressly provided in this |
1067 | act and except for this section, which shall take effect upon |
1068 | becoming 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 |
|
1073 | certain conditions; amending s. 106.011, F.S.; redefining |
1074 | the terms "political committee," "contribution," |
1075 | "expenditure," "communications media," and "electioneering |
1076 | communication"; defining the term "electioneering |
1077 | communications organization"; amending s. 106.022, F.S.; |
1078 | conforming a reference to an electioneering communications |
1079 | organization; amending s. 106.03, F.S.; revising the |
1080 | registration requirements for political committees and |
1081 | electioneering communications organizations; creating s. |
1082 | 106.0701; establishing campaign finance reporting |
1083 | requirements for certain officers and candidates |
1084 | soliciting contributions for certain committees and |
1085 | organizations; providing penalties; creating s. 106.0703, |
1086 | F.S.; establishing campaign finance reporting requirements |
1087 | for electioneering communications organizations; providing |
1088 | definitions; amending s. 106.0705, F.S.; incorporating the |
1089 | new campaign finance reporting requirements for |
1090 | electioneering communications organizations into the |
1091 | Department of State's electronic campaign finance |
1092 | reporting system; amending s. 106.08, F.S.; prohibiting |
1093 | the use of certain contributions received by an |
1094 | electioneering communications organization proximate to an |
1095 | election; limiting contributions to certain committees of |
1096 | continuous existence, electioneering communications |
1097 | organizations, and tax-exempt organizations pursuant to 26 |
1098 | U.S.C. s. 527 and 501(c)(4); reenacting ss. 106.07, |
1099 | 106.08(8), and 106.19, F.S., relating to reports, |
1100 | certification and filing, and penalty provisions, to |
1101 | incorporate the amendments made by this act to ss. 106.03 |
1102 | and 106.08, F.S., in references thereto; providing |
1103 | effective dates. |