1 | A bill to be entitled |
2 | An act relating to campaign financing; amending s. |
3 | 106.141, F.S.; allowing unopposed legislative candidates |
4 | to transfer surplus campaign funds to or retain such funds |
5 | in a campaign account for reelection to the same office; |
6 | establishing limits on the transferable amount of such |
7 | funds; providing a prohibition from fundraising under |
8 | certain conditions; amending s. 106.07, F.S.; deleting |
9 | certain filing requirements for candidates for other than |
10 | statewide office; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Paragraph (a) of subsection (4) of section |
15 | 106.141, Florida Statutes, is amended to read: |
16 | 106.141 Disposition of surplus funds by candidates.-- |
17 | (4)(a) Except as provided in paragraph (b), any candidate |
18 | required to dispose of funds pursuant to this section shall, at |
19 | the option of the candidate, dispose of such funds by any of the |
20 | following means, or any combination thereof: |
21 | 1. Return pro rata to each contributor the funds that have |
22 | not been spent or obligated. |
23 | 2. Donate the funds that have not been spent or obligated |
24 | to a charitable organization or organizations that meet the |
25 | qualifications of s. 501(c)(3) of the Internal Revenue Code. |
26 | 3. Give not more than $10,000 of the funds that have not |
27 | been spent or obligated to the political party of which such |
28 | candidate is a member, except that a candidate for the Florida |
29 | Senate may give not more than $30,000 of such funds to the |
30 | political party of which the candidate is a member. |
31 | 4. Give the funds that have not been spent or obligated: |
32 | a. In the case of a candidate for state office, to the |
33 | state, to be deposited in either the Election Campaign Financing |
34 | Trust Fund or the General Revenue Fund, as designated by the |
35 | candidate; or |
36 | b. In the case of a candidate for an office of a political |
37 | subdivision, to such political subdivision, to be deposited in |
38 | the general fund thereof. |
39 | 5. With respect to an unopposed candidate for the House of |
40 | Representatives or the Senate, transfer the funds to or retain |
41 | the funds in a campaign account for the same office to which the |
42 | candidate was elected by virtue of being unopposed, with a |
43 | maximum per election of $50,000 for a candidate for the House of |
44 | Representatives and $150,000 for a candidate for the Senate. An |
45 | unopposed candidate for the House of Representatives who |
46 | exercises this option is prohibited from accepting campaign |
47 | contributions for the same office for 1 year after the date of |
48 | qualifying for the election in which such option is exercised. |
49 | An unopposed candidate for the Senate who exercises this option |
50 | is prohibited from accepting campaign contributions for the same |
51 | office for 2 years after the date of qualifying for the election |
52 | in which such option is exercised. |
53 | Section 2. Paragraph (a) of subsection (2) of section |
54 | 106.07, Florida Statutes, is amended to read: |
55 | 106.07 Reports; certification and filing.-- |
56 | (2)(a) All reports required of a candidate by this section |
57 | shall be filed with the officer before whom the candidate is |
58 | required by law to qualify. All candidates who file with the |
59 | Department of State shall file their reports pursuant to s. |
60 | 106.0705. In addition, a copy of each report for candidates for |
61 | other than statewide office who qualify with the Department of |
62 | State shall be filed with the supervisor of elections in the |
63 | county where the candidate resides. Except as provided in s. |
64 | 106.0705, reports shall be filed not later than 5 p.m. of the |
65 | day designated; however, any report postmarked by the United |
66 | States Postal Service no later than midnight of the day |
67 | designated shall be deemed to have been filed in a timely |
68 | manner. Any report received by the filing officer within 5 days |
69 | after the designated due date that was delivered by the United |
70 | States Postal Service shall be deemed timely filed unless it has |
71 | a postmark that indicates that the report was mailed after the |
72 | designated due date. A certificate of mailing obtained from and |
73 | dated by the United States Postal Service at the time of |
74 | mailing, or a receipt from an established courier company, which |
75 | bears a date on or before the date on which the report is due, |
76 | shall be proof of mailing in a timely manner. Reports shall |
77 | contain information of all previously unreported contributions |
78 | received and expenditures made as of the preceding Friday, |
79 | except that the report filed on the Friday immediately preceding |
80 | the election shall contain information of all previously |
81 | unreported contributions received and expenditures made as of |
82 | the day preceding that designated due date. All such reports |
83 | shall be open to public inspection. |
84 | Section 3. This act shall take effect July 1, 2006. |