HB 1037

1
A bill to be entitled
2An act relating to campaign financing; amending s.
3106.141, F.S.; allowing unopposed legislative candidates
4to transfer surplus campaign funds to or retain such funds
5in a campaign account for reelection to the same office;
6establishing limits on the transferable amount of such
7funds; providing a prohibition from fundraising under
8certain conditions; amending s. 106.07, F.S.; deleting
9certain filing requirements for candidates for other than
10statewide office; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (a) of subsection (4) of section
15106.141, 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
18required to dispose of funds pursuant to this section shall, at
19the option of the candidate, dispose of such funds by any of the
20following means, or any combination thereof:
21     1.  Return pro rata to each contributor the funds that have
22not been spent or obligated.
23     2.  Donate the funds that have not been spent or obligated
24to a charitable organization or organizations that meet the
25qualifications of s. 501(c)(3) of the Internal Revenue Code.
26     3.  Give not more than $10,000 of the funds that have not
27been spent or obligated to the political party of which such
28candidate is a member, except that a candidate for the Florida
29Senate may give not more than $30,000 of such funds to the
30political 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
33state, to be deposited in either the Election Campaign Financing
34Trust Fund or the General Revenue Fund, as designated by the
35candidate; or
36     b.  In the case of a candidate for an office of a political
37subdivision, to such political subdivision, to be deposited in
38the general fund thereof.
39     5.  With respect to an unopposed candidate for the House of
40Representatives or the Senate, transfer the funds to or retain
41the funds in a campaign account for the same office to which the
42candidate was elected by virtue of being unopposed, with a
43maximum per election of $50,000 for a candidate for the House of
44Representatives and $150,000 for a candidate for the Senate. An
45unopposed candidate for the House of Representatives who
46exercises this option is prohibited from accepting campaign
47contributions for the same office for 1 year after the date of
48qualifying for the election in which such option is exercised.
49An unopposed candidate for the Senate who exercises this option
50is prohibited from accepting campaign contributions for the same
51office for 2 years after the date of qualifying for the election
52in which such option is exercised.
53     Section 2.  Paragraph (a) of subsection (2) of section
54106.07, 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
57shall be filed with the officer before whom the candidate is
58required by law to qualify. All candidates who file with the
59Department of State shall file their reports pursuant to s.
60106.0705. In addition, a copy of each report for candidates for
61other than statewide office who qualify with the Department of
62State shall be filed with the supervisor of elections in the
63county where the candidate resides. Except as provided in s.
64106.0705, reports shall be filed not later than 5 p.m. of the
65day designated; however, any report postmarked by the United
66States Postal Service no later than midnight of the day
67designated shall be deemed to have been filed in a timely
68manner. Any report received by the filing officer within 5 days
69after the designated due date that was delivered by the United
70States Postal Service shall be deemed timely filed unless it has
71a postmark that indicates that the report was mailed after the
72designated due date. A certificate of mailing obtained from and
73dated by the United States Postal Service at the time of
74mailing, or a receipt from an established courier company, which
75bears a date on or before the date on which the report is due,
76shall be proof of mailing in a timely manner. Reports shall
77contain information of all previously unreported contributions
78received and expenditures made as of the preceding Friday,
79except that the report filed on the Friday immediately preceding
80the election shall contain information of all previously
81unreported contributions received and expenditures made as of
82the day preceding that designated due date. All such reports
83shall be open to public inspection.
84     Section 3.  This act shall take effect July 1, 2006.


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