| 1 | Representative(s) Reagan offered the following: |
| 2 |
|
| 3 | Substitute Amendment for Amendment (374401) (with title |
| 4 | amendment) |
| 5 | On page 13, line 5, to page 26, line 31, |
| 6 | remove: all of said lines, |
| 7 |
|
| 8 | and insert: |
| 9 | Section 4. Paragraph (c) of subsection (4) of section |
| 10 | 106.04, Florida Statutes, is amended to read: |
| 11 | 106.04 Committees of continuous existence.-- |
| 12 | (4) |
| 13 | (c) All committees of continuous existence shall file the |
| 14 | original and one copy of their reports with the Division of |
| 15 | Elections. In addition, a duplicate copy of each report shall be |
| 16 | filed with the supervisor of elections in the county in which |
| 17 | the committee maintains its books and records, except that if |
| 18 | the filing officer to whom the committee is required to report |
| 19 | is located in the same county as the supervisor no such |
| 20 | duplicate report is required to be filed with the supervisor. |
| 21 | Reports shall be filed in accordance with s. 106.0705 on forms |
| 22 | provided by the division and shall contain the following |
| 23 | information: |
| 24 | 1. The full name, address, and occupation of each person |
| 25 | who has made one or more contributions, including contributions |
| 26 | that represent the payment of membership dues, to the committee |
| 27 | during the reporting period, together with the amounts and dates |
| 28 | of such contributions. For corporations, the report must provide |
| 29 | as clear a description as practicable of the principal type of |
| 30 | business conducted by the corporation. However, if the |
| 31 | contribution is $100 or less, the occupation of the contributor |
| 32 | or principal type of business need not be listed. However, for |
| 33 | any contributions that represent the payment of dues by members |
| 34 | in a fixed amount aggregating no more than $250 per calendar |
| 35 | year, pursuant to the schedule on file with the Division of |
| 36 | Elections, only the aggregate amount of such contributions need |
| 37 | be listed, together with the number of members paying such dues |
| 38 | and the amount of the membership dues. |
| 39 | 2. The name and address of each political committee or |
| 40 | committee of continuous existence from which the reporting |
| 41 | committee received, or the name and address of each political |
| 42 | committee, committee of continuous existence, or political party |
| 43 | to which it made, any transfer of funds, together with the |
| 44 | amounts and dates of all transfers. |
| 45 | 3. Any other receipt of funds not listed pursuant to |
| 46 | subparagraph 1. or subparagraph 2., including the sources and |
| 47 | amounts of all such funds. |
| 48 | 4. The name and address of, and office sought by, each |
| 49 | candidate to whom the committee has made a contribution during |
| 50 | the reporting period, together with the amount and date of each |
| 51 | contribution. |
| 52 | 5. The full name and address of each person to whom |
| 53 | expenditures have been made by or on behalf of the committee |
| 54 | within the reporting period; the amount, date, and purpose of |
| 55 | each such expenditure; and the name and address, and office |
| 56 | sought by, each candidate on whose behalf such expenditure was |
| 57 | made. |
| 58 | 6. The full name and address of each person to whom an |
| 59 | expenditure for personal services, salary, or reimbursement for |
| 60 | authorized expenses has been made, including the full name and |
| 61 | address of each entity to whom the person made payment for which |
| 62 | reimbursement was made by check drawn upon the committee |
| 63 | account, together with the amount and purpose of such payment. |
| 64 | 7. Transaction information from each credit card statement |
| 65 | that will be included in the next report following receipt |
| 66 | thereof by the committee. Receipts for each credit card purchase |
| 67 | shall be retained by the treasurer with the records for the |
| 68 | committee account. |
| 69 | 8.6. The total sum of expenditures made by the committee |
| 70 | during the reporting period. |
| 71 | Section 5. Paragraph (a) of subsection (2) of section |
| 72 | 106.07, Florida Statutes, is amended to read: |
| 73 | 106.07 Reports; certification and filing.-- |
| 74 | (2)(a) All reports required of a candidate by this section |
| 75 | shall be filed with the officer before whom the candidate is |
| 76 | required by law to qualify. All candidates who file with the |
| 77 | Department of State shall file their reports pursuant to s. |
| 78 | 106.0705. In addition, a copy of each report for candidates for |
| 79 | other than statewide office who qualify with the Department of |
| 80 | State shall be filed with the supervisor of elections in the |
| 81 | county where the candidate resides. Except as provided in s. |
| 82 | 106.0705, reports shall be filed not later than 5 p.m. of the |
| 83 | day designated; however, any report postmarked by the United |
| 84 | States Postal Service no later than midnight of the day |
| 85 | designated shall be deemed to have been filed in a timely |
| 86 | manner. Any report received by the filing officer within 5 days |
| 87 | after the designated due date that was delivered by the United |
| 88 | States Postal Service shall be deemed timely filed unless it has |
| 89 | a postmark that indicates that the report was mailed after the |
| 90 | designated due date. A certificate of mailing obtained from and |
| 91 | dated by the United States Postal Service at the time of |
| 92 | mailing, or a receipt from an established courier company, which |
| 93 | bears a date on or before the date on which the report is due, |
| 94 | shall be proof of mailing in a timely manner. Reports shall |
| 95 | contain information of all previously unreported contributions |
| 96 | received and expenditures made as of the preceding Friday, |
| 97 | except that the report filed on the Friday immediately preceding |
| 98 | the election shall contain information of all previously |
| 99 | unreported contributions received and expenditures made as of |
| 100 | the day preceding that designated due date. All such reports |
| 101 | shall be open to public inspection. |
| 102 | Section 6. Section 106.0701, Florida Statutes, is created |
| 103 | to read: |
| 104 | 106.0701 Solicitation of contributions and disclosure; |
| 105 | registration; accepting contributions or making expenditures |
| 106 | prohibited; penalty.-- |
| 107 | (1)(a) The Governor, Lieutenant Governor, members of the |
| 108 | Cabinet, state legislators, or candidates for such offices who |
| 109 | directly or indirectly solicit, cause to be solicited, or accept |
| 110 | any contribution on behalf of an organization that is exempt |
| 111 | from taxation under s. 527 or s. 501(c)(4) of the Internal |
| 112 | Revenue Code, which such individuals, in whole or in part, |
| 113 | establish, maintain, or control, shall file a statement with the |
| 114 | division within 5 days after commencing such activity on behalf |
| 115 | of the organization. The statement shall contain the following |
| 116 | information: |
| 117 | 1. The name of the person acting on behalf of the |
| 118 | organization. |
| 119 | 2. The name and type of the organization. |
| 120 | 3. A description of the relationship between the person |
| 121 | and the organization. |
| 122 | (b) Failure to timely file the statement shall subject the |
| 123 | person to a civil penalty of $50 per day for each late day, |
| 124 | payable from the personal funds of the violator. |
| 125 | (c) Upon filing a statement with the division, an |
| 126 | individual subject to the requirements of paragraph (a) shall |
| 127 | promptly create a public website that contains a mission |
| 128 | statement and the names of persons associated with the |
| 129 | organization. The address of the website shall be reported to |
| 130 | the division within 5 business days after the website is |
| 131 | created. |
| 132 | (d) All contributions received shall be disclosed on the |
| 133 | website within 5 business days after deposit, together with the |
| 134 | name, address, and occupation of the donor. All expenditures by |
| 135 | the organization shall be individually disclosed on the website |
| 136 | within 5 business days after being made. |
| 137 | (e) The filing requirements of paragraph (a) do not apply |
| 138 | to an individual acting on behalf of his or her own campaign or |
| 139 | a political party of which the individual is a member. |
| 140 | (2)(a) Any individual described in paragraph (1)(a) may |
| 141 | not accept contributions from any political committee or |
| 142 | committee of continuous existence which such individual, in |
| 143 | whole or in part, establishes, maintains, or controls. |
| 144 | (b) An electioneering communications organization may not |
| 145 | make expenditures which refer to or depict any such individual |
| 146 | who, in whole or in part, establishes, maintains, or controls |
| 147 | such organization or is an opponent of such individual in any |
| 148 | election. Any electioneering communications organization that |
| 149 | makes any such expenditure is subject to a civil penalty in an |
| 150 | amount equal to twice the amount of the expenditure and payable |
| 151 | from the funds of the organization. |
| 152 | Section 7. Section 106.0703, Florida Statutes, is created |
| 153 | to read: |
| 154 | 106.0703 Electioneering communications organizations; |
| 155 | additional reporting requirements.--In addition to the reporting |
| 156 | requirements in s. 106.07, an electioneering communications |
| 157 | organization shall, within 2 days after receiving its initial |
| 158 | password or secure sign-on from the Department of State allowing |
| 159 | confidential access to the department's electronic campaign |
| 160 | finance filing system, electronically file the periodic campaign |
| 161 | finance reports that would have been required pursuant to s. |
| 162 | 106.07 for reportable activities that occurred since the date of |
| 163 | the last general election. |
| 164 | Section 8. Paragraph (b) of subsection (2) of section |
| 165 | 106.0705, Florida Statutes, is amended to read: |
| 166 | 106.0705 Electronic filing of campaign treasurer's |
| 167 | reports.-- |
| 168 | (2) |
| 169 | (b) Each political committee, committee of continuous |
| 170 | existence, electioneering communications organization, or state |
| 171 | executive committee that is required to file reports with the |
| 172 | division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29, |
| 173 | as applicable, must file such reports with the division by means |
| 174 | of the division's electronic filing system. |
| 175 | Section 9. Subsections (4) and (7) of section 106.08, |
| 176 | Florida Statutes, are amended, paragraph (d) is added to |
| 177 | subsection (5) of that section, and subsection (8) of that |
| 178 | section is reenacted, to read: |
| 179 | 106.08 Contributions; limitations on.-- |
| 180 | (4)(a) Any contribution received by the chair, campaign |
| 181 | treasurer, or deputy campaign treasurer of a political committee |
| 182 | supporting or opposing a candidate with opposition in an |
| 183 | election or supporting or opposing an issue on the ballot in an |
| 184 | election on the day of that election or less than 5 days prior |
| 185 | to the day of that election may not be obligated or expended by |
| 186 | the committee until after the date of the election. |
| 187 | (b) Any contribution received by an electioneering |
| 188 | communications organization on the day of an election or less |
| 189 | than 5 days prior to the day of that election may not be |
| 190 | obligated or expended by the organization until after the date |
| 191 | of the election and may not be expended to pay for any |
| 192 | obligation arising prior to the election. |
| 193 | (5) |
| 194 | (d) An electioneering communications organization may not |
| 195 | accept a contribution from an organization exempt from taxation |
| 196 | under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other |
| 197 | than a political committee, committee of continuous existence, |
| 198 | or political party, unless the contributing organization has |
| 199 | registered as if the organization were an electioneering |
| 200 | communications organization pursuant to s. 106.03 and has filed |
| 201 | all campaign finance reports required of electioneering |
| 202 | communications organizations pursuant to ss. 106.07 and |
| 203 | 106.0703. |
| 204 | (7)(a) Any person who knowingly and willfully makes or |
| 205 | accepts no more than one contribution in violation of subsection |
| 206 | (1) or subsection (5), or any person who knowingly and willfully |
| 207 | fails or refuses to return any contribution as required in |
| 208 | subsection (3), commits a misdemeanor of the first degree, |
| 209 | punishable as provided in s. 775.082 or s. 775.083. If any |
| 210 | corporation, partnership, or other business entity or any |
| 211 | political party, political committee, or committee of continuous |
| 212 | existence, or electioneering communications organization is |
| 213 | convicted of knowingly and willfully violating any provision |
| 214 | punishable under this paragraph, it shall be fined not less than |
| 215 | $1,000 and not more than $10,000. If it is a domestic entity, it |
| 216 | may be ordered dissolved by a court of competent jurisdiction; |
| 217 | if it is a foreign or nonresident business entity, its right to |
| 218 | do business in this state may be forfeited. Any officer, |
| 219 | partner, agent, attorney, or other representative of a |
| 220 | corporation, partnership, or other business entity, or of a |
| 221 | political party, political committee, or committee of continuous |
| 222 | existence, electioneering communications organization, or |
| 223 | organization exempt from taxation under s. 527 or s. 501(c)(4) |
| 224 | of the Internal Revenue Code, who aids, abets, advises, or |
| 225 | participates in a violation of any provision punishable under |
| 226 | this paragraph commits a misdemeanor of the first degree, |
| 227 | punishable as provided in s. 775.082 or s. 775.083. |
| 228 | (b) Any person who knowingly and willfully makes or |
| 229 | accepts two or more contributions in violation of subsection (1) |
| 230 | or subsection (5) commits a felony of the third degree, |
| 231 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 232 | If any corporation, partnership, or other business entity or any |
| 233 | political party, political committee, or committee of continuous |
| 234 | existence, or electioneering communications organization is |
| 235 | convicted of knowingly and willfully violating any provision |
| 236 | punishable under this paragraph, it shall be fined not less than |
| 237 | $10,000 and not more than $50,000. If it is a domestic entity, |
| 238 | it may be ordered dissolved by a court of competent |
| 239 | jurisdiction; if it is a foreign or nonresident business entity, |
| 240 | its right to do business in this state may be forfeited. Any |
| 241 | officer, partner, agent, attorney, or other representative of a |
| 242 | corporation, partnership, or other business entity, or of a |
| 243 | political committee, committee of continuous existence, or |
| 244 | political party, or electioneering communications organization, |
| 245 | or organization exempt from taxation under s. 527 or s. |
| 246 | 501(c)(4) of the Internal Revenue Code, who aids, abets, |
| 247 | advises, or participates in a violation of any provision |
| 248 | punishable under this paragraph commits a felony of the third |
| 249 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 250 | 775.084. |
| 251 | (8) Except when otherwise provided in subsection (7), any |
| 252 | person who knowingly and willfully violates any provision of |
| 253 | this section shall, in addition to any other penalty prescribed |
| 254 | by this chapter, pay to the state a sum equal to twice the |
| 255 | amount contributed in violation of this chapter. Each campaign |
| 256 | treasurer shall pay all amounts contributed in violation of this |
| 257 | section to the state for deposit in the General Revenue Fund. |
| 258 |
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| 259 |
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| 260 | ========= T I T L E A M E N D M E N T ========= |
| 261 | On page 1, line 14, to page 2, line 4 |
| 262 | remove: all of said lines |
| 263 |
|
| 264 | and insert: |
| 265 | amending s. 106.04, F.S.; revising certain filing requirements |
| 266 | and reporting requirements for committees of continuous |
| 267 | existence; amending s. 106.07, F.S.; deleting a report filing |
| 268 | requirement for certain candidates for other than statewide |
| 269 | office; creating s. 106.0701; establishing campaign finance |
| 270 | reporting requirements for certain officers and candidates |
| 271 | soliciting contributions for certain committees and |
| 272 | organizations; providing a civil penalty; providing for |
| 273 | nonapplication to certain persons; prohibiting certain |
| 274 | individuals from accepting contributions from certain entities; |
| 275 | prohibiting electioneering communications organizations from |
| 276 | making certain expenditures relating to such individuals or |
| 277 | election opponents of such individuals; providing a civil |
| 278 | penalty; creating s. 106.0703, F.S.; establishing campaign |
| 279 | finance reporting requirements for electioneering communications |
| 280 | organizations; amending s. 106.0705, F.S.; incorporating the new |
| 281 | campaign finance reporting requirements for electioneering |
| 282 | communications organizations into the Department of State's |
| 283 | electronic campaign finance reporting system; amending s. |
| 284 | 106.08, F.S.; prohibiting the use of certain contributions |
| 285 | received by an electioneering communications organization |
| 286 | proximate to an election; limiting certain contributions to |
| 287 | electioneering communications organizations from certain tax- |
| 288 | exempt organizations; providing criminal penalties; reenacting |
| 289 | ss. |