1 | Representative(s) Reagan offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | On page 13, line 5, to page 26, line 31, |
5 | remove: all of said lines, |
6 |
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7 | and insert: |
8 | Section 4. Paragraph (c) of subsection (4) of section |
9 | 106.04, Florida Statutes, is amended to read: |
10 | 106.04 Committees of continuous existence.-- |
11 | (4) |
12 | (c) All committees of continuous existence shall file the |
13 | original and one copy of their reports with the Division of |
14 | Elections. In addition, a duplicate copy of each report shall be |
15 | filed with the supervisor of elections in the county in which |
16 | the committee maintains its books and records, except that if |
17 | the filing officer to whom the committee is required to report |
18 | is located in the same county as the supervisor no such |
19 | duplicate report is required to be filed with the supervisor. |
20 | Reports shall be filed in accordance with s. 106.0705 on forms |
21 | provided by the division and shall contain the following |
22 | information: |
23 | 1. The full name, address, and occupation of each person |
24 | who has made one or more contributions, including contributions |
25 | that represent the payment of membership dues, to the committee |
26 | during the reporting period, together with the amounts and dates |
27 | of such contributions. For corporations, the report must provide |
28 | as clear a description as practicable of the principal type of |
29 | business conducted by the corporation. However, if the |
30 | contribution is $100 or less, the occupation of the contributor |
31 | or principal type of business need not be listed. However, for |
32 | any contributions that represent the payment of dues by members |
33 | in a fixed amount aggregating no more than $250 per calendar |
34 | year, pursuant to the schedule on file with the Division of |
35 | Elections, only the aggregate amount of such contributions need |
36 | be listed, together with the number of members paying such dues |
37 | and the amount of the membership dues. |
38 | 2. The name and address of each political committee or |
39 | committee of continuous existence from which the reporting |
40 | committee received, or the name and address of each political |
41 | committee, committee of continuous existence, or political party |
42 | to which it made, any transfer of funds, together with the |
43 | amounts and dates of all transfers. |
44 | 3. Any other receipt of funds not listed pursuant to |
45 | subparagraph 1. or subparagraph 2., including the sources and |
46 | amounts of all such funds. |
47 | 4. The name and address of, and office sought by, each |
48 | candidate to whom the committee has made a contribution during |
49 | the reporting period, together with the amount and date of each |
50 | contribution. |
51 | 5. The full name and address of each person to whom |
52 | expenditures have been made by or on behalf of the committee |
53 | within the reporting period; the amount, date, and purpose of |
54 | each such expenditure; and the name and address, and office |
55 | sought by, each candidate on whose behalf such expenditure was |
56 | made. |
57 | 6. The full name and address of each person to whom an |
58 | expenditure for personal services, salary, or reimbursement for |
59 | authorized expenses has been made, including the full name and |
60 | address of each entity to whom the person made payment for which |
61 | reimbursement was made by check drawn upon the committee |
62 | account, together with the amount and purpose of such payment. |
63 | 7. Transaction information from each credit card statement |
64 | that will be included in the next report following receipt |
65 | thereof by the committee. Receipts for each credit card purchase |
66 | shall be retained by the treasurer with the records for the |
67 | committee account. |
68 | 8.6. The total sum of expenditures made by the committee |
69 | during the reporting period. |
70 | Section 5. Paragraph (a) of subsection (2) of section |
71 | 106.07, Florida Statutes, is amended to read: |
72 | 106.07 Reports; certification and filing.-- |
73 | (2)(a) All reports required of a candidate by this section |
74 | shall be filed with the officer before whom the candidate is |
75 | required by law to qualify. All candidates who file with the |
76 | Department of State shall file their reports pursuant to s. |
77 | 106.0705. In addition, a copy of each report for candidates for |
78 | other than statewide office who qualify with the Department of |
79 | State shall be filed with the supervisor of elections in the |
80 | county where the candidate resides. Except as provided in s. |
81 | 106.0705, reports shall be filed not later than 5 p.m. of the |
82 | day designated; however, any report postmarked by the United |
83 | States Postal Service no later than midnight of the day |
84 | designated shall be deemed to have been filed in a timely |
85 | manner. Any report received by the filing officer within 5 days |
86 | after the designated due date that was delivered by the United |
87 | States Postal Service shall be deemed timely filed unless it has |
88 | a postmark that indicates that the report was mailed after the |
89 | designated due date. A certificate of mailing obtained from and |
90 | dated by the United States Postal Service at the time of |
91 | mailing, or a receipt from an established courier company, which |
92 | bears a date on or before the date on which the report is due, |
93 | shall be proof of mailing in a timely manner. Reports shall |
94 | contain information of all previously unreported contributions |
95 | received and expenditures made as of the preceding Friday, |
96 | except that the report filed on the Friday immediately preceding |
97 | the election shall contain information of all previously |
98 | unreported contributions received and expenditures made as of |
99 | the day preceding that designated due date. All such reports |
100 | shall be open to public inspection. |
101 | Section 6. Section 106.0701, Florida Statutes, is created |
102 | to read: |
103 | 106.0701 Solicitation of contributions and disclosure; |
104 | registration.-- |
105 | (1)(a) The Governor, Lieutenant Governor, members of the |
106 | Cabinet, state legislators, or candidates for such offices who |
107 | directly or indirectly solicit, cause to be solicited, or accept |
108 | any contribution on behalf of an organization that is exempt |
109 | from taxation under s. 527 or s. 501(c)(4) of the Internal |
110 | Revenue Code, which such persons, in whole or in part, |
111 | establish, maintain, or control, shall file a statement with the |
112 | Division of Elections within 5 days after commencing such |
113 | activity on behalf of the organization. Such statement shall |
114 | contain the following information: |
115 | 1. The name of the person acting on behalf of the |
116 | organization. |
117 | 2. The name and type of the organization. |
118 | 3. A description of the relationship between the person |
119 | and the organization. |
120 | (b) Failure to timely file the statement shall subject the |
121 | person to a civil penalty of $50 per day for each late day, |
122 | payable from the personal funds of the violator. |
123 | (c) Upon filing a statement with the Division of |
124 | Elections, a person subject to the requirements of paragraph (a) |
125 | shall promptly create a public website that contains a mission |
126 | statement and the names of persons associated with the |
127 | organization. The address of the website shall be reported to |
128 | the division within 5 business days after the website is |
129 | created. |
130 | (d) All contributions received shall be disclosed on the |
131 | website within 5 business days after deposit, together with the |
132 | name, address, and occupation of the donor. All expenditures by |
133 | the organization shall be individually disclosed on the website |
134 | within 5 business days after being made. |
135 | (2) The requirements of subsection (1) do not apply to a |
136 | person acting on behalf of his or her own campaign or a |
137 | political party of which the person is a member. |
138 | Section 7. Section 106.0703, Florida Statutes, is created |
139 | to read: |
140 | 106.0703 Electioneering communications organizations; |
141 | additional reporting requirements.--In addition to the reporting |
142 | requirements in s. 106.07, an electioneering communications |
143 | organization shall, within 2 days after receiving its initial |
144 | password or secure sign-on from the Department of State allowing |
145 | confidential access to the department's electronic campaign |
146 | finance filing system, electronically file the periodic campaign |
147 | finance reports that would have been required pursuant to s. |
148 | 106.07 for reportable activities that occurred since the date of |
149 | the last general election. |
150 | Section 8. Paragraph (b) of subsection (2) of section |
151 | 106.0705, Florida Statutes, is amended to read: |
152 | 106.0705 Electronic filing of campaign treasurer's |
153 | reports.-- |
154 | (2) |
155 | (b) Each political committee, committee of continuous |
156 | existence, electioneering communications organization, or state |
157 | executive committee that is required to file reports with the |
158 | division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29, |
159 | as applicable, must file such reports with the division by means |
160 | of the division's electronic filing system. |
161 | Section 9. Subsections (4) and (7) of section 106.08, |
162 | Florida Statutes, are amended, paragraph (d) is added to |
163 | subsection (5) of that section, and subsection (8) of that |
164 | section is reenacted, to read: |
165 | 106.08 Contributions; limitations on.-- |
166 | (4)(a) Any contribution received by the chair, campaign |
167 | treasurer, or deputy campaign treasurer of a political committee |
168 | supporting or opposing a candidate with opposition in an |
169 | election or supporting or opposing an issue on the ballot in an |
170 | election on the day of that election or less than 5 days prior |
171 | to the day of that election may not be obligated or expended by |
172 | the committee until after the date of the election. |
173 | (b) Any contribution received by an electioneering |
174 | communications organization on the day of an election or less |
175 | than 5 days prior to the day of that election may not be |
176 | obligated or expended by the organization until after the date |
177 | of the election and may not be expended to pay for any |
178 | obligation arising prior to the election. |
179 | (5) |
180 | (d) An electioneering communications organization may not |
181 | accept a contribution from an organization exempt from taxation |
182 | under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other |
183 | than a political committee, committee of continuous existence, |
184 | or political party, unless the contributing organization has |
185 | registered as if the organization were an electioneering |
186 | communications organization pursuant to s. 106.03 and has filed |
187 | all campaign finance reports required of electioneering |
188 | communications organizations pursuant to ss. 106.07 and |
189 | 106.0703. |
190 | (7)(a) Any person who knowingly and willfully makes no |
191 | more than one contribution in violation of subsection (1) or |
192 | subsection (5), or any person who knowingly and willfully fails |
193 | or refuses to return any contribution as required in subsection |
194 | (3), commits a misdemeanor of the first degree, punishable as |
195 | provided in s. 775.082 or s. 775.083. If any corporation, |
196 | partnership, or other business entity or any political party, |
197 | political committee, or committee of continuous existence, or |
198 | electioneering communications organization is convicted of |
199 | knowingly and willfully violating any provision punishable under |
200 | this paragraph, it shall be fined not less than $1,000 and not |
201 | more than $10,000. If it is a domestic entity, it may be ordered |
202 | dissolved by a court of competent jurisdiction; if it is a |
203 | foreign or nonresident business entity, its right to do business |
204 | in this state may be forfeited. Any officer, partner, agent, |
205 | attorney, or other representative of a corporation, partnership, |
206 | or other business entity, or of a political party, political |
207 | committee, or committee of continuous existence, electioneering |
208 | communications organization, or organization exempt from |
209 | taxation under s. 527 or s. 501(c)(4) of the Internal Revenue |
210 | Code, who aids, abets, advises, or participates in a violation |
211 | of any provision punishable under this paragraph commits a |
212 | misdemeanor of the first degree, punishable as provided in s. |
213 | 775.082 or s. 775.083. |
214 | (b) Any person who knowingly and willfully makes two or |
215 | more contributions in violation of subsection (1) or subsection |
216 | (5) commits a felony of the third degree, punishable as provided |
217 | in s. 775.082, s. 775.083, or s. 775.084. If any corporation, |
218 | partnership, or other business entity or any political party, |
219 | political committee, or committee of continuous existence, or |
220 | electioneering communications organization is convicted of |
221 | knowingly and willfully violating any provision punishable under |
222 | this paragraph, it shall be fined not less than $10,000 and not |
223 | more than $50,000. If it is a domestic entity, it may be ordered |
224 | dissolved by a court of competent jurisdiction; if it is a |
225 | foreign or nonresident business entity, its right to do business |
226 | in this state may be forfeited. Any officer, partner, agent, |
227 | attorney, or other representative of a corporation, partnership, |
228 | or other business entity, or of a political committee, committee |
229 | of continuous existence, or political party, or electioneering |
230 | communications organization, or organization exempt from |
231 | taxation under s. 527 or s. 501(c)(4) of the Internal Revenue |
232 | Code, who aids, abets, advises, or participates in a violation |
233 | of any provision punishable under this paragraph commits a |
234 | felony of the third degree, punishable as provided in s. |
235 | 775.082, s. 775.083, or s. 775.084. |
236 | (8) Except when otherwise provided in subsection (7), any |
237 | person who knowingly and willfully violates any provision of |
238 | this section shall, in addition to any other penalty prescribed |
239 | by this chapter, pay to the state a sum equal to twice the |
240 | amount contributed in violation of this chapter. Each campaign |
241 | treasurer shall pay all amounts contributed in violation of this |
242 | section to the state for deposit in the General Revenue Fund. |
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246 | ======= T I T L E A M E N D M E N T ======= |
247 | On page 1, line 14, to page 2, line 4, |
248 | remove: all of said lines, |
249 |
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250 | and insert: |
251 | amending s. 106.04, F.S.; revising certain filing requirements |
252 | and reporting requirements for committees of continuous |
253 | existence; amending s. 106.07, F.S.; deleting a report filing |
254 | requirement for certain candidates for other than statewide |
255 | office; creating s. 106.0701; establishing campaign finance |
256 | reporting requirements for certain officers and candidates |
257 | soliciting contributions for certain committees and |
258 | organizations; providing definitions; providing a civil penalty; |
259 | providing for nonapplication to certain persons; creating s. |
260 | 106.0703, F.S.; establishing campaign finance reporting |
261 | requirements for electioneering communications organizations; |
262 | amending s. 106.0705, F.S.; incorporating the new campaign |
263 | finance reporting requirements for electioneering communications |
264 | organizations into the Department of State's electronic campaign |
265 | finance reporting system; amending s. 106.08, F.S.; prohibiting |
266 | the use of certain contributions received by an electioneering |
267 | communications organization proximate to an election; limiting |
268 | contributions to certain committees of continuous existence, |
269 | electioneering communications organizations, and tax-exempt |
270 | organizations pursuant to 26 U.S.C. s. 527 and 501(c)(4); |
271 | providing criminal penalties; reenacting ss. |