1 | Representative(s) Reagan offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | On page 13, line(s) 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 on behalf of s. 527 |
104 | or s. 501(c)(4) organizations; reporting requirements; civil |
105 | penalty; exemption.-- |
106 | (1) The Governor, Lieutenant Governor, members of the |
107 | Cabinet, state legislators, or candidates for such offices who |
108 | directly or indirectly solicit, cause to be solicited, or accept |
109 | any contribution on behalf of an organization that is exempt |
110 | from taxation under s. 527 or s. 501(c)(4) of the Internal |
111 | Revenue Code, which such individuals, in whole or in part, |
112 | establish, maintain, or control, shall file a statement with the |
113 | division within 5 days after commencing such activity on behalf |
114 | of the organization. The statement shall contain the following |
115 | information: |
116 | (a) The name of the person acting on behalf of the |
117 | organization. |
118 | (b) The name and type of the organization. |
119 | (c) A description of the relationship between the person |
120 | and the organization. |
121 | (2) Failure to timely file the statement shall subject the |
122 | person to a civil penalty of $50 per day for each late day, |
123 | payable from the personal funds of the violator. |
124 | (3) Upon filing a statement with the division, an |
125 | individual subject to the requirements of subsection (1) shall |
126 | promptly create a public website that contains a mission |
127 | statement and the names of persons associated with the |
128 | organization. The address of the website shall be reported to |
129 | the division within 5 business days after the website is |
130 | created. |
131 | (4) All contributions received shall be disclosed on the |
132 | website within 5 business days after deposit, together with the |
133 | name, address, and occupation of the donor. All expenditures by |
134 | the organization shall be individually disclosed on the website |
135 | within 5 business days after being made. |
136 | (5) The filing requirements of subsection (1) do not apply |
137 | to an individual acting on behalf of his or her own campaign or |
138 | a political party of which the individual is a member. |
139 | Section 7. Section 106.0703, Florida Statutes, is created |
140 | to read: |
141 | 106.0703 Electioneering communications organizations; |
142 | additional reporting requirements.--In addition to the reporting |
143 | requirements in s. 106.07, an electioneering communications |
144 | organization shall, within 2 days after receiving its initial |
145 | password or secure sign-on from the Department of State allowing |
146 | confidential access to the department's electronic campaign |
147 | finance filing system, electronically file the periodic campaign |
148 | finance reports that would have been required pursuant to s. |
149 | 106.07 for reportable activities that occurred since the date of |
150 | the last general election. |
151 | Section 8. Paragraph (b) of subsection (2) of section |
152 | 106.0705, Florida Statutes, is amended to read: |
153 | 106.0705 Electronic filing of campaign treasurer's |
154 | reports.-- |
155 | (2) |
156 | (b) Each political committee, committee of continuous |
157 | existence, electioneering communications organization, or state |
158 | executive committee that is required to file reports with the |
159 | division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29, |
160 | as applicable, must file such reports with the division by means |
161 | of the division's electronic filing system. |
162 | Section 9. Subsections (4) and (7) of section 106.08, |
163 | Florida Statutes, are amended, paragraph (d) is added to |
164 | subsection (5) of that section, and subsection (8) of that |
165 | section is reenacted, to read: |
166 | 106.08 Contributions; limitations on.-- |
167 | (4)(a) Any contribution received by the chair, campaign |
168 | treasurer, or deputy campaign treasurer of a political committee |
169 | supporting or opposing a candidate with opposition in an |
170 | election or supporting or opposing an issue on the ballot in an |
171 | election on the day of that election or less than 5 days prior |
172 | to the day of that election may not be obligated or expended by |
173 | the committee until after the date of the election. |
174 | (b) Any contribution received by an electioneering |
175 | communications organization on the day of an election or less |
176 | than 5 days prior to the day of that election may not be |
177 | obligated or expended by the organization until after the date |
178 | of the election and may not be expended to pay for any |
179 | obligation arising prior to the election. |
180 | (5) |
181 | (d) An electioneering communications organization may not |
182 | accept a contribution from an organization exempt from taxation |
183 | under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other |
184 | than a political committee, committee of continuous existence, |
185 | or political party, unless the contributing organization has |
186 | registered as if the organization were an electioneering |
187 | communications organization pursuant to s. 106.03 and has filed |
188 | all campaign finance reports required of electioneering |
189 | communications organizations pursuant to ss. 106.07 and |
190 | 106.0703. |
191 | (7)(a) Any person who knowingly and willfully makes or |
192 | accepts no more than one contribution in violation of subsection |
193 | (1) or subsection (5), or any person who knowingly and willfully |
194 | fails or refuses to return any contribution as required in |
195 | subsection (3), commits a misdemeanor of the first degree, |
196 | punishable as provided in s. 775.082 or s. 775.083. If any |
197 | corporation, partnership, or other business entity or any |
198 | political party, political committee, or committee of continuous |
199 | existence, or electioneering communications organization is |
200 | convicted of knowingly and willfully violating any provision |
201 | punishable under this paragraph, it shall be fined not less than |
202 | $1,000 and not more than $10,000. If it is a domestic entity, it |
203 | may be ordered dissolved by a court of competent jurisdiction; |
204 | if it is a foreign or nonresident business entity, its right to |
205 | do business in this state may be forfeited. Any officer, |
206 | partner, agent, attorney, or other representative of a |
207 | corporation, partnership, or other business entity, or of a |
208 | political party, political committee, or committee of continuous |
209 | existence, electioneering communications organization, or |
210 | organization exempt from taxation under s. 527 or s. 501(c)(4) |
211 | of the Internal Revenue Code, who aids, abets, advises, or |
212 | participates in a violation of any provision punishable under |
213 | this paragraph commits a misdemeanor of the first degree, |
214 | punishable as provided in s. 775.082 or s. 775.083. |
215 | (b) Any person who knowingly and willfully makes or |
216 | accepts two or more contributions in violation of subsection (1) |
217 | or subsection (5) commits a felony of the third degree, |
218 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
219 | If any corporation, partnership, or other business entity or any |
220 | political party, political committee, or committee of continuous |
221 | existence, or electioneering communications organization is |
222 | convicted of knowingly and willfully violating any provision |
223 | punishable under this paragraph, it shall be fined not less than |
224 | $10,000 and not more than $50,000. If it is a domestic entity, |
225 | it may be ordered dissolved by a court of competent |
226 | jurisdiction; if it is a foreign or nonresident business entity, |
227 | its right to do business in this state may be forfeited. Any |
228 | officer, partner, agent, attorney, or other representative of a |
229 | corporation, partnership, or other business entity, or of a |
230 | political committee, committee of continuous existence, or |
231 | political party, or electioneering communications organization, |
232 | or organization exempt from taxation under s. 527 or s. |
233 | 501(c)(4) of the Internal Revenue Code, who aids, abets, |
234 | advises, or participates in a violation of any provision |
235 | punishable under this paragraph commits a felony of the third |
236 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
237 | 775.084. |
238 | (8) Except when otherwise provided in subsection (7), any |
239 | person who knowingly and willfully violates any provision of |
240 | this section shall, in addition to any other penalty prescribed |
241 | by this chapter, pay to the state a sum equal to twice the |
242 | amount contributed in violation of this chapter. Each campaign |
243 | treasurer shall pay all amounts contributed in violation of this |
244 | section to the state for deposit in the General Revenue Fund. |
245 |
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246 | ========= T I T L E A M E N D M E N T ========= |
247 | On page 1, line(s) 14, to page 2, line 4, |
248 | remove: all of said lines |
249 |
|
250 | and insert: |
251 | amending s. 106.04, F.S.; revising certain filing |
252 | requirements and reporting requirements for committees of |
253 | continuous existence; amending s. 106.07, F.S.; deleting a |
254 | report filing requirement for certain candidates for other |
255 | than statewide office; creating s. 106.0701, F.S.; |
256 | establishing campaign finance reporting requirements for |
257 | certain officers and candidates soliciting contributions |
258 | on behalf of s. 527 or s. 501(c)(4) organizations; |
259 | providing a civil penalty; providing for nonapplication to |
260 | certain persons; creating s. 106.0703, F.S.; establishing |
261 | campaign finance reporting requirements for electioneering |
262 | communications organizations; amending s. 106.0705, F.S.; |
263 | incorporating the new campaign finance reporting |
264 | requirements for electioneering communications |
265 | organizations into the Department of State's electronic |
266 | campaign finance reporting system; amending s. 106.08, |
267 | F.S.; prohibiting the use of certain contributions |
268 | received by an electioneering communications organization |
269 | proximate to an election; limiting certain contributions |
270 | to electioneering communications organizations from |
271 | certain tax-exempt organizations; providing criminal |
272 | penalties; reenacting ss. |