Senate Bill sb0716c1
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Florida Senate - 2006 CS for SB's 716 & 2660
By the Committee on Ethics and Elections; and Senators Posey,
Rich, Wilson, Margolis and Aronberg
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1 A bill to be entitled
2 An act relating to campaign finance; amending
3 s. 106.011, F.S.; redefining the terms
4 "political committee," "contribution,"
5 "expenditure," "communications media," and
6 "electioneering communication"; defining the
7 term "electioneering communications
8 organization"; amending s. 106.03, F.S.;
9 revising the registration requirements for
10 political committees and electioneering
11 communications organizations; creating s.
12 106.0703, F.S.; establishing campaign finance
13 reporting requirements for electioneering
14 communications organizations; amending s.
15 106.0705, F.S.; incorporating the new campaign
16 finance reporting requirements for
17 electioneering communications organizations
18 into the Department of State's electronic
19 campaign finance reporting system; amending s.
20 106.08, F.S.; prohibiting the use of certain
21 contributions received by an electioneering
22 communications organization proximate to an
23 election; establishing conditions for the
24 receipt of certain contributions by
25 electioneering communications organizations;
26 prohibiting certain state officeholders, state
27 legislators, and candidates from soliciting or
28 accepting contributions on behalf of certain
29 organizations; establishing exemptions;
30 reenacting ss. 106.07, 106.08(8), and 106.19,
31 F.S., relating to reports, certification and
1
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1 filing, and penalty provisions, to incorporate
2 the amendments made by this act to ss. 106.03
3 and 106.08, F.S., in references thereto;
4 providing effective dates.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Subsections (1), (3), (4), (13), and (18)
9 of section 106.011, Florida Statutes, are amended, and
10 subsection (19) is added to that section, to read:
11 106.011 Definitions.--As used in this chapter, the
12 following terms have the following meanings unless the context
13 clearly indicates otherwise:
14 (1)(a) "Political committee" means:
15 1. A combination of two or more individuals, or a
16 person other than an individual, that, in an aggregate amount
17 in excess of $500 during a single calendar year:
18 a. Accepts contributions for the purpose of making
19 contributions to any candidate, political committee, committee
20 of continuous existence, or political party;
21 b. Accepts contributions for the purpose of expressly
22 advocating the election or defeat of a candidate or the
23 passage or defeat of an issue;
24 c. Makes expenditures that expressly advocate the
25 election or defeat of a candidate or the passage or defeat of
26 an issue; or
27 d. Makes contributions to a common fund, other than a
28 joint checking account between spouses, from which
29 contributions are made to any candidate, political committee,
30 committee of continuous existence, or political party;
31
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1 2. The sponsor of a proposed constitutional amendment
2 by initiative who intends to seek the signatures of registered
3 electors.
4 (b) Notwithstanding paragraph (a), the following
5 entities are not considered political committees for purposes
6 of this chapter:
7 1. Organizations which are certified by the Department
8 of State as committees of continuous existence pursuant to s.
9 106.04, national political parties, and the state and county
10 executive committees of political parties regulated by chapter
11 103.
12 2. Corporations regulated by chapter 607 or chapter
13 617 or other business entities formed for purposes other than
14 to support or oppose issues or candidates, if their political
15 activities are limited to contributions to candidates,
16 political parties, or political committees or expenditures in
17 support of or opposition to an issue from corporate or
18 business funds and if no contributions are received by such
19 corporations or business entities.
20 3. Electioneering communications organizations
21 pursuant to subsection (19) Organizations whose activities are
22 limited to making expenditures for electioneering
23 communications or accepting contributions for the purpose of
24 making electioneering communications; however, such
25 organizations shall be required to register and report
26 contributions, including those received from committees of
27 continuous existence, and expenditures in the same manner, at
28 the same time, subject to the same penalties, and with the
29 same filing officer as a political committee supporting or
30 opposing a candidate or issue contained in the electioneering
31 communication, except as otherwise specifically provided in
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1 this chapter. If any such organization would be required to
2 register and report with more than one filing officer, the
3 organization shall register and report solely with the
4 Division of Elections.
5 (3) "Contribution" means:
6 (a) A gift, subscription, conveyance, deposit, loan,
7 payment, or distribution of money or anything of value,
8 including contributions in kind having an attributable
9 monetary value in any form, made for the purpose of
10 influencing the results of an election or making an
11 electioneering communication.
12 (b) A transfer of funds between political committees,
13 between committees of continuous existence, between
14 electioneering communications organizations, or between any
15 combination of these groups or between a political committee
16 and a committee of continuous existence.
17 (c) The payment, by any person other than a candidate
18 or political committee, of compensation for the personal
19 services of another person which are rendered to a candidate
20 or political committee without charge to the candidate or
21 committee for such services.
22 (d) The transfer of funds by a campaign treasurer or
23 deputy campaign treasurer between a primary depository and a
24 separate interest-bearing account or certificate of deposit,
25 and the term includes any interest earned on such account or
26 certificate.
27
28 Notwithstanding the foregoing meanings of "contribution," the
29 word shall not be construed to include services, including,
30 but not limited to, legal and accounting services, provided
31 without compensation by individuals volunteering a portion or
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1 all of their time on behalf of a candidate or political
2 committee. This definition shall not be construed to include
3 editorial endorsements.
4 (4)(a) "Expenditure" means a purchase, payment,
5 distribution, loan, advance, transfer of funds by a campaign
6 treasurer or deputy campaign treasurer between a primary
7 depository and a separate interest-bearing account or
8 certificate of deposit, or gift of money or anything of value
9 made for the purpose of influencing the results of an election
10 or making an electioneering communication. However,
11 "expenditure" does not include a purchase, payment,
12 distribution, loan, advance, or gift of money or anything of
13 value made for the purpose of influencing the results of an
14 election when made by an organization, in existence prior to
15 the time during which a candidate qualifies or an issue is
16 placed on the ballot for that election, for the purpose of
17 printing or distributing such organization's newsletter,
18 containing a statement by such organization in support of or
19 opposition to a candidate or issue, which newsletter is
20 distributed only to members of such organization.
21 (b) As used in this chapter, an "expenditure" for an
22 electioneering communication is made when the earliest of the
23 following occurs:
24 1. A person enters into executes a contract for
25 applicable goods or services;
26 2. A person makes payment, in whole or in part, for
27 the production or public dissemination of applicable goods or
28 services; or
29 3. The electioneering communication is publicly
30 disseminated.
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1 (13) "Communications media" means broadcasting
2 stations, newspapers, magazines, outdoor advertising
3 facilities, printers, direct mail mailing companies,
4 advertising agencies, the Internet, and telephone companies;
5 but with respect to telephones, an expenditure shall be deemed
6 to be an expenditure for the use of communications media only
7 if made for the costs of telephones, paid telephonists, or
8 automatic telephone equipment to be used by a candidate or a
9 political committee to communicate with potential voters but
10 excluding any costs of telephones incurred by a volunteer for
11 use of telephones by such volunteer; however, with respect to
12 the Internet, an expenditure shall be deemed an expenditure
13 for use of communications media only if made for the cost of
14 creating or disseminating a message on a computer information
15 system accessible by more than one person but excluding
16 internal communications of a campaign or of any group.
17 (18)(a) "Electioneering communication" means a paid
18 expression in any communications media prescribed in
19 subsection (13) by means other than the spoken word in direct
20 conversation that:
21 1. Refers to or depicts a clearly identified candidate
22 for office or contains a clear reference indicating that an
23 issue is to be voted on at an election, without expressly
24 advocating the election or defeat of a candidate or the
25 passage or defeat of an issue.
26 2. For communications referring to or depicting a
27 clearly identified candidate for office, is targeted to the
28 relevant electorate. A communication is considered targeted if
29 1,000 or more persons in the geographic area the candidate
30 would represent if elected will receive the communication.
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1 3. For communications referring to or depicting a
2 clearly identified candidate for office, is published after
3 the end of the candidate qualifying period for the office
4 sought by the candidate.
5 4. For communications containing a clear reference
6 indicating that an issue is to be voted on at an election, is
7 published after the issue is designated a ballot position or
8 120 days before the date of the election on the issue,
9 whichever occurs first.
10 (b) The term "electioneering communication" does not
11 include:
12 1. A statement or depiction by an organization, in
13 existence prior to the time during which a candidate named or
14 depicted qualifies or an issue identified is placed on the
15 ballot for that election, made in that organization's
16 newsletter, which newsletter is distributed only to members of
17 that organization.
18 2. An editorial endorsement, news story, commentary,
19 or editorial by any newspaper, radio, television station, or
20 other recognized news medium.
21 3. A communication that constitutes a public debate or
22 forum that includes at least two opposing candidates for an
23 office or one advocate and one opponent of an issue, or that
24 solely promotes such a debate or forum and is made by or on
25 behalf of the person sponsoring the debate or forum, provided
26 that:
27 a. The staging organization is either:
28 (I) A charitable organization that does not make other
29 electioneering communications and does not otherwise support
30 or oppose any political candidate or political party; or
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1 (II) A newspaper, radio station, television station,
2 or other recognized news medium; and
3 b. The staging organization does not structure the
4 debate to promote or advance one candidate or issue position
5 over another.
6 (c) For purposes of this chapter, an expenditure made
7 for, or in furtherance of, an electioneering communication
8 shall not be considered a contribution to or on behalf of any
9 candidate.
10 (d) For purposes of this chapter, an electioneering
11 communication shall not constitute an independent expenditure
12 nor be subject to the limitations applicable to independent
13 expenditures.
14 (19) "Electioneering communications organization"
15 means any group, other than a political party, political
16 committee, or committee of continuous existence, whose
17 activities are limited to making expenditures for
18 electioneering communications or accepting contributions for
19 the purpose of making electioneering communications.
20 Section 2. Section 106.03, Florida Statutes, is
21 amended to read:
22 106.03 Registration of political committees.--
23 (1)(a) Each political committee that which anticipates
24 receiving contributions or making expenditures during a
25 calendar year in an aggregate amount exceeding $500 or that
26 which is seeking the signatures of registered electors in
27 support of an initiative shall file a statement of
28 organization as provided in subsection (3) within 10 days
29 after its organization or, if later, within 10 days after the
30 date on which it has information that which causes the
31 committee to anticipate that it will receive contributions or
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1 make expenditures in excess of $500. If a political committee
2 is organized within 10 days of any election, it shall
3 immediately file the statement of organization required by
4 this section.
5 (b) Each electioneering communications organization
6 that anticipates receiving contributions or making
7 expenditures shall file a statement of organization as
8 provided in subsection (3) by expedited delivery within 24
9 hours after its organization or, if later, within 24 hours
10 after the date on which it has information that causes the
11 organization to anticipate that it will receive contributions
12 or make expenditures for an electioneering communication.
13 (2) The statement of organization shall include:
14 (a) The name and street address of the committee;
15 (b) The names, street addresses, and relationships of
16 affiliated or connected organizations;
17 (c) The area, scope, or jurisdiction of the committee;
18 (d) The name, street address, and position of the
19 custodian of books and accounts;
20 (e) The name, street address, and position of other
21 principal officers, including officers and members of the
22 finance committee, if any;
23 (f) The name, address, office sought, and party
24 affiliation of:
25 1. Each candidate whom the committee is supporting;
26 2. Any other individual, if any, whom the committee is
27 supporting for nomination for election, or election, to any
28 public office whatever;
29 (g) Any issue or issues such organization is
30 supporting or opposing;
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1 (h) If the committee is supporting the entire ticket
2 of any party, a statement to that effect and the name of the
3 party;
4 (i) A statement of whether the committee is a
5 continuing one;
6 (j) Plans for the disposition of residual funds which
7 will be made in the event of dissolution;
8 (k) A listing of all banks, safe-deposit boxes, or
9 other depositories used for committee funds; and
10 (l) A statement of the reports required to be filed by
11 the committee with federal officials, if any, and the names,
12 addresses, and positions of such officials.
13 (3)(a) A political committee which is organized to
14 support or oppose statewide, legislative, or multicounty
15 candidates or issues to be voted upon on a statewide or
16 multicounty basis shall file a statement of organization with
17 the Division of Elections.
18 (b) Except as provided in paragraph (c), a political
19 committee which is organized to support or oppose candidates
20 or issues to be voted on in a countywide election or
21 candidates or issues in any election held on less than a
22 countywide basis shall file a statement of organization with
23 the supervisor of elections of the county in which such
24 election is being held.
25 (c) A political committee which is organized to
26 support or oppose only candidates for municipal office or
27 issues to be voted on in a municipal election shall file a
28 statement of organization with the officer before whom
29 municipal candidates qualify.
30 (d) Any political committee which would be required
31 under this subsection to file a statement of organization in
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1 two or more locations by reason of the committee's intention
2 to support or oppose candidates or issues at state or
3 multicounty and local levels of government need file only with
4 the Division of Elections.
5 (4) Any change in information previously submitted in
6 a statement of organization shall be reported to the agency or
7 officer with whom such committee is required to register
8 pursuant to subsection (3), within 10 days following the
9 change.
10 (5) Any committee which, after having filed one or
11 more statements of organization, disbands or determines it
12 will no longer receive contributions or make expenditures
13 during the calendar year in an aggregate amount exceeding $500
14 shall so notify the agency or officer with whom such committee
15 is required to file the statement of organization.
16 (6) If the filing officer finds that a political
17 committee has filed its statement of organization consistent
18 with the requirements of subsection (2), it shall notify the
19 committee in writing that it has been registered as a
20 political committee. If the filing officer finds that a
21 political committee's statement of organization does not meet
22 the requirements of subsection (2), it shall notify the
23 committee of such finding and shall state in writing the
24 reasons for rejection of the statement of organization.
25 (7) The Division of Elections shall promulgate rules
26 to prescribe the manner in which inactive committees may be
27 dissolved and have their registration canceled. Such rules
28 shall, at a minimum, provide for:
29 (a) Notice which shall contain the facts and conduct
30 which warrant the intended action, including but not limited
31 to failure to file reports and limited activity.
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1 (b) Adequate opportunity to respond.
2 (c) Appeal of the decision to the Florida Elections
3 Commission. Such appeals shall be exempt from the
4 confidentiality provisions of s. 106.25.
5 Section 3. Section 106.0703, Florida Statutes, is
6 created to read:
7 106.0703 Electioneering communications organizations;
8 additional reporting requirements.--
9 (1) In addition to the reporting requirements in s.
10 106.07, an electioneering communications organization shall,
11 within 2 days after receiving its initial password or secure
12 sign-on from the Department of State allowing confidential
13 access to the department's electronic campaign finance filing
14 system, electronically file the periodic campaign finance
15 reports that would have been required pursuant to s. 106.07
16 for reportable activities that occurred since the date of the
17 last general election.
18 (2) In addition to the reporting requirements in s.
19 106.07, an electioneering communications organization shall
20 electronically file a supplemental report of each contribution
21 of $5,000 or more received by the organization within 2 days
22 after receipt. The supplemental report must include the
23 information required in s. 106.07(4)(a)1.-5. The
24 electioneering communications organization shall also include
25 each contribution reported pursuant to this subsection on the
26 quarterly or periodic campaign finance report pursuant to s.
27 106.07 for the reporting period in which the contribution was
28 received.
29 Section 4. Section 106.0705, Florida Statutes, is
30 amended to read:
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1 106.0705 Electronic filing of campaign treasurer's
2 reports.--
3 (1) As used in this section, "electronic filing
4 system" means an Internet system for recording and reporting
5 campaign finance activity by reporting period.
6 (2)(a) Each candidate who is required to file reports
7 pursuant to s. 106.07 with the division must file such reports
8 with the division by means of the division's electronic filing
9 system.
10 (b) Each political committee, committee of continuous
11 existence, electioneering communications organization, or
12 state executive committee that is required to file reports
13 with the division under s. 106.04, s. 106.07, s. 106.0703, or
14 s. 106.29, as applicable, must file such reports with the
15 division by means of the division's electronic filing system.
16 (c) Each person or organization that is required to
17 file reports with the division under s. 106.071 must file such
18 reports with the division by means of the division's
19 electronic filing system.
20 (3) Reports filed pursuant to this section shall be
21 completed and filed through the electronic filing system not
22 later than midnight of the day designated. Reports not filed
23 by midnight of the day designated are late filed and are
24 subject to the penalties under s. 106.04(8), s. 106.07(8), or
25 s. 106.29(3), as applicable.
26 (4) Each report filed pursuant to this section is
27 considered to be under oath by the candidate and treasurer or
28 the chair and treasurer, whichever is applicable, and such
29 persons are subject to the provisions of s. 106.04(4)(d), s.
30 106.07(5), or s. 106.29(2), as applicable. Persons given a
31 secure sign-on to the electronic filing system are responsible
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1 for protecting such from disclosure and are responsible for
2 all filings using such credentials, unless they have notified
3 the division that their credentials have been compromised.
4 (5) The electronic filing system developed by the
5 division must:
6 (a) Be based on access by means of the Internet.
7 (b) Be accessible by anyone with Internet access using
8 standard web-browsing software.
9 (c) Provide for direct entry of campaign finance
10 information as well as upload of such information from
11 campaign finance software certified by the division.
12 (d) Provide a method that prevents unauthorized access
13 to electronic filing system functions.
14 (6) The division shall adopt rules pursuant to ss.
15 120.536(1) and 120.54 to administer this section and provide
16 for the reports required to be filed pursuant to this section.
17 Such rules shall, at a minimum, provide:
18 (a) Alternate filing procedures in case the division's
19 electronic filing system is not operable.
20 (b) For the issuance of an electronic receipt to the
21 person submitting the report indicating and verifying that the
22 report has been filed.
23 (7) Notwithstanding anything in law to the contrary,
24 any report required to have been filed under this section for
25 the period ended March 31, 2005, shall be deemed to have been
26 timely filed if the report is filed under this section on or
27 before June 1, 2005.
28 Section 5. Effective upon this act becoming a law,
29 subsections (5) and (7) of section 106.08, Florida Statutes,
30 are amended to read:
31 106.08 Contributions; limitations on.--
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1 (5)(a) A person may not make any contribution through
2 or in the name of another, directly or indirectly, in any
3 election.
4 (b) Candidates, political committees, and political
5 parties may not solicit contributions from any religious,
6 charitable, civic, or other causes or organizations
7 established primarily for the public good.
8 (c) Candidates, political committees, and political
9 parties may not make contributions, in exchange for political
10 support, to any religious, charitable, civic, or other cause
11 or organization established primarily for the public good. It
12 is not a violation of this paragraph for:
13 1. A candidate, political committee, or political
14 party executive committee to make gifts of money in lieu of
15 flowers in memory of a deceased person;
16 2. A candidate to continue membership in, or make
17 regular donations from personal or business funds to,
18 religious, political party, civic, or charitable groups of
19 which the candidate is a member or to which the candidate has
20 been a regular donor for more than 6 months; or
21 3. A candidate to purchase, with campaign funds,
22 tickets, admission to events, or advertisements from
23 religious, civic, political party, or charitable groups.
24 (d) The Governor, the Lieutenant Governor, members of
25 the Cabinet, state legislators, and candidates for any of
26 these offices may not, directly or indirectly, solicit, cause
27 to be solicited, or accept any contribution on behalf of a
28 political committee, committee of continuous existence,
29 electioneering communications organization, or any
30 organization exempt from taxation under 26 U.S.C. s. 527 or s.
31 501(c)(4); however, such persons may solicit, cause to be
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1 solicited, or accept a contribution on behalf of their own
2 political party, their own campaign, or the campaign of any
3 other candidate.
4 (7)(a) Any person who knowingly and willfully makes,
5 solicits, or accepts no more than one contribution in
6 violation of subsection (1) or subsection (5), or any person
7 who knowingly and willfully fails or refuses to return any
8 contribution as required in subsection (3), commits a
9 misdemeanor of the first degree, punishable as provided in s.
10 775.082 or s. 775.083. If any corporation, partnership, or
11 other business entity or any political party, political
12 committee, or committee of continuous existence is convicted
13 of knowingly and willfully violating any provision punishable
14 under this paragraph, it shall be fined not less than $1,000
15 and not more than $10,000. If it is a domestic entity, it may
16 be ordered dissolved by a court of competent jurisdiction; if
17 it is a foreign or nonresident business entity, its right to
18 do business in this state may be forfeited. Any officer,
19 partner, agent, attorney, or other representative of a
20 corporation, partnership, or other business entity or of a
21 political party, political committee, or committee of
22 continuous existence who aids, abets, advises, or participates
23 in a violation of any provision punishable under this
24 paragraph commits a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083.
26 (b) Any person who knowingly and willfully makes,
27 solicits, or accepts two or more contributions in violation of
28 subsection (1) or subsection (5) commits a felony of the third
29 degree, punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084. If any corporation, partnership, or other
31 business entity or any political party, political committee,
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1 or committee of continuous existence is convicted of knowingly
2 and willfully violating any provision punishable under this
3 paragraph, it shall be fined not less than $10,000 and not
4 more than $50,000. If it is a domestic entity, it may be
5 ordered dissolved by a court of competent jurisdiction; if it
6 is a foreign or nonresident business entity, its right to do
7 business in this state may be forfeited. Any officer,
8 partner, agent, attorney, or other representative of a
9 corporation, partnership, or other business entity, or of a
10 political committee, committee of continuous existence, or
11 political party who aids, abets, advises, or participates in a
12 violation of any provision punishable under this paragraph
13 commits a felony of the third degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084.
15 Section 6. Subsection (4) of section 106.08, Florida
16 Statutes, is amended, subsections (5) and (7) of that section,
17 as amended by this act, are amended, and subsection (8) of
18 that section is reenacted, to read:
19 106.08 Contributions; limitations on.--
20 (4)(a) Any contribution received by the chair,
21 campaign treasurer, or deputy campaign treasurer of a
22 political committee supporting or opposing a candidate with
23 opposition in an election or supporting or opposing an issue
24 on the ballot in an election on the day of that election or
25 less than 5 days prior to the day of that election may not be
26 obligated or expended by the committee until after the date of
27 the election.
28 (b) Any contribution received by an electioneering
29 communications organization on the day of an election or less
30 than 10 days prior to the day of that election may not be
31 obligated or expended by the organization until after the date
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1 of the election, and may not be expended to pay for any
2 obligation arising prior to the election.
3 (5)(a) A person may not make any contribution through
4 or in the name of another, directly or indirectly, in any
5 election.
6 (b) Candidates, political committees, and political
7 parties may not solicit contributions from any religious,
8 charitable, civic, or other causes or organizations
9 established primarily for the public good.
10 (c) Candidates, political committees, and political
11 parties may not make contributions, in exchange for political
12 support, to any religious, charitable, civic, or other cause
13 or organization established primarily for the public good. It
14 is not a violation of this paragraph for:
15 1. A candidate, political committee, or political
16 party executive committee to make gifts of money in lieu of
17 flowers in memory of a deceased person;
18 2. A candidate to continue membership in, or make
19 regular donations from personal or business funds to,
20 religious, political party, civic, or charitable groups of
21 which the candidate is a member or to which the candidate has
22 been a regular donor for more than 6 months; or
23 3. A candidate to purchase, with campaign funds,
24 tickets, admission to events, or advertisements from
25 religious, civic, political party, or charitable groups.
26 (d) The Governor, the Lieutenant Governor, members of
27 the Cabinet, state legislators, and candidates for any of
28 these offices may not, directly or indirectly, solicit, cause
29 to be solicited, or accept any contribution on behalf of a
30 political committee, committee of continuous existence,
31 electioneering communications organization, or any
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1 organization exempt from taxation under 26 U.S.C. s. 527 or s.
2 501(c)(4); however, such persons may solicit, cause to be
3 solicited, or accept a contribution on behalf of their own
4 political party, their own campaign, or the campaign of any
5 other candidate.
6 (e) An electioneering communications organization may
7 not accept a contribution from an organization exempt from
8 taxation under 26 U.S.C. s. 527 or s. 501(c)(4), other than a
9 political committee, committee of continuous existence, or
10 political party, unless the contributing organization has
11 registered as if it were an electioneering communications
12 organization pursuant to s. 106.03 and has filed all campaign
13 finance reports required of electioneering communications
14 organizations pursuant to ss. 106.07 and 106.0703.
15 (7)(a) Any person who knowingly and willfully makes,
16 solicits, or accepts no more than one contribution in
17 violation of subsection (1) or subsection (5), or any person
18 who knowingly and willfully fails or refuses to return any
19 contribution as required in subsection (3), commits a
20 misdemeanor of the first degree, punishable as provided in s.
21 775.082 or s. 775.083. If any corporation, partnership, or
22 other business entity or any political party, political
23 committee, or committee of continuous existence, or
24 electioneering communications organization is convicted of
25 knowingly and willfully violating any provision punishable
26 under this paragraph, it shall be fined not less than $1,000
27 and not more than $10,000. If it is a domestic entity, it may
28 be ordered dissolved by a court of competent jurisdiction; if
29 it is a foreign or nonresident business entity, its right to
30 do business in this state may be forfeited. Any officer,
31 partner, agent, attorney, or other representative of a
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1 corporation, partnership, or other business entity or of a
2 political party, political committee, or committee of
3 continuous existence, electioneering communications
4 organization, or organization exempt from taxation under 26
5 U.S.C. s. 527 or s. 501(c)(4), who aids, abets, advises, or
6 participates in a violation of any provision punishable under
7 this paragraph commits a misdemeanor of the first degree,
8 punishable as provided in s. 775.082 or s. 775.083.
9 (b) Any person who knowingly and willfully makes,
10 solicits, or accepts two or more contributions in violation of
11 subsection (1) or subsection (5) commits a felony of the third
12 degree, punishable as provided in s. 775.082, s. 775.083, or
13 s. 775.084. If any corporation, partnership, or other
14 business entity or any political party, political committee,
15 or committee of continuous existence, or electioneering
16 communications organization is convicted of knowingly and
17 willfully violating any provision punishable under this
18 paragraph, it shall be fined not less than $10,000 and not
19 more than $50,000. If it is a domestic entity, it may be
20 ordered dissolved by a court of competent jurisdiction; if it
21 is a foreign or nonresident business entity, its right to do
22 business in this state may be forfeited. Any officer,
23 partner, agent, attorney, or other representative of a
24 corporation, partnership, or other business entity, or of a
25 political committee, committee of continuous existence, or
26 political party, electioneering communications organization,
27 or organization exempt from taxation under 26 U.S.C. s. 527 or
28 s. 501(c)(4), who aids, abets, advises, or participates in a
29 violation of any provision punishable under this paragraph
30 commits a felony of the third degree, punishable as provided
31 in s. 775.082, s. 775.083, or s. 775.084.
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1 (8) Except when otherwise provided in subsection (7),
2 any person who knowingly and willfully violates any provision
3 of this section shall, in addition to any other penalty
4 prescribed by this chapter, pay to the state a sum equal to
5 twice the amount contributed in violation of this chapter.
6 Each campaign treasurer shall pay all amounts contributed in
7 violation of this section to the state for deposit in the
8 General Revenue Fund.
9 Section 7. For the purpose of incorporating the
10 amendments made by this act to section 106.03, Florida
11 Statutes, in a reference thereto, section 106.07, Florida
12 Statutes, is reenacted to read:
13 106.07 Reports; certification and filing.--
14 (1) Each campaign treasurer designated by a candidate
15 or political committee pursuant to s. 106.021 shall file
16 regular reports of all contributions received, and all
17 expenditures made, by or on behalf of such candidate or
18 political committee. Reports shall be filed on the 10th day
19 following the end of each calendar quarter from the time the
20 campaign treasurer is appointed, except that, if the 10th day
21 following the end of a calendar quarter occurs on a Saturday,
22 Sunday, or legal holiday, the report shall be filed on the
23 next following day which is not a Saturday, Sunday, or legal
24 holiday. Quarterly reports shall include all contributions
25 received and expenditures made during the calendar quarter
26 which have not otherwise been reported pursuant to this
27 section.
28 (a) Except as provided in paragraph (b), following the
29 last day of qualifying for office, the reports shall be filed
30 on the 32nd, 18th, and 4th days immediately preceding the
31 primary and on the 46th, 32nd, 18th, and 4th days immediately
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1 preceding the election, for a candidate who is opposed in
2 seeking nomination or election to any office, for a political
3 committee, or for a committee of continuous existence.
4 (b) Following the last day of qualifying for office,
5 any statewide candidate who has requested to receive
6 contributions from the Election Campaign Financing Trust Fund
7 or any statewide candidate in a race with a candidate who has
8 requested to receive contributions from the trust fund shall
9 file reports on the 4th, 11th, 18th, 25th, and 32nd days prior
10 to the primary election, and on the 4th, 11th, 18th, 25th,
11 32nd, 39th, 46th, and 53rd days prior to the general election.
12 (c) Following the last day of qualifying for office,
13 any unopposed candidate need only file a report within 90 days
14 after the date such candidate became unopposed. Such report
15 shall contain all previously unreported contributions and
16 expenditures as required by this section and shall reflect
17 disposition of funds as required by s. 106.141.
18 (d)1. When a special election is called to fill a
19 vacancy in office, all political committees and committees of
20 continuous existence making contributions or expenditures to
21 influence the results of such special election shall file
22 campaign treasurers' reports with the filing officer on the
23 dates set by the Department of State pursuant to s. 100.111.
24 2. When an election is called for an issue to appear
25 on the ballot at a time when no candidates are scheduled to
26 appear on the ballot, all political committees making
27 contributions or expenditures in support of or in opposition
28 to such issue shall file reports on the 18th and 4th days
29 prior to such election.
30
31
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1 (e) The filing officer shall provide each candidate
2 with a schedule designating the beginning and end of reporting
3 periods as well as the corresponding designated due dates.
4 (2)(a) All reports required of a candidate by this
5 section shall be filed with the officer before whom the
6 candidate is required by law to qualify. All candidates who
7 file with the Department of State shall file their reports
8 pursuant to s. 106.0705. In addition, a copy of each report
9 for candidates for other than statewide office who qualify
10 with the Department of State shall be filed with the
11 supervisor of elections in the county where the candidate
12 resides. Except as provided in s. 106.0705, reports shall be
13 filed not later than 5 p.m. of the day designated; however,
14 any report postmarked by the United States Postal Service no
15 later than midnight of the day designated shall be deemed to
16 have been filed in a timely manner. Any report received by the
17 filing officer within 5 days after the designated due date
18 that was delivered by the United States Postal Service shall
19 be deemed timely filed unless it has a postmark that indicates
20 that the report was mailed after the designated due date. A
21 certificate of mailing obtained from and dated by the United
22 States Postal Service at the time of mailing, or a receipt
23 from an established courier company, which bears a date on or
24 before the date on which the report is due, shall be proof of
25 mailing in a timely manner. Reports shall contain information
26 of all previously unreported contributions received and
27 expenditures made as of the preceding Friday, except that the
28 report filed on the Friday immediately preceding the election
29 shall contain information of all previously unreported
30 contributions received and expenditures made as of the day
31
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1 preceding that designated due date. All such reports shall be
2 open to public inspection.
3 (b)1. Any report which is deemed to be incomplete by
4 the officer with whom the candidate qualifies shall be
5 accepted on a conditional basis, and the campaign treasurer
6 shall be notified by registered mail as to why the report is
7 incomplete and be given 3 days from receipt of such notice to
8 file an addendum to the report providing all information
9 necessary to complete the report in compliance with this
10 section. Failure to file a complete report after such notice
11 constitutes a violation of this chapter.
12 2. In lieu of the notice by registered mail as
13 required in subparagraph 1., the qualifying officer may notify
14 the campaign treasurer by telephone that the report is
15 incomplete and request the information necessary to complete
16 the report. If, however, such information is not received by
17 the qualifying officer within 3 days after the telephone
18 request therefor, notice shall be sent by registered mail as
19 provided in subparagraph 1.
20 (3) Reports required of a political committee shall be
21 filed with the agency or officer before whom such committee
22 registers pursuant to s. 106.03(3) and shall be subject to the
23 same filing conditions as established for candidates' reports.
24 Incomplete reports by political committees shall be treated in
25 the manner provided for incomplete reports by candidates in
26 subsection (2).
27 (4)(a) Each report required by this section shall
28 contain:
29 1. The full name, address, and occupation, if any of
30 each person who has made one or more contributions to or for
31 such committee or candidate within the reporting period,
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1 together with the amount and date of such contributions. For
2 corporations, the report must provide as clear a description
3 as practicable of the principal type of business conducted by
4 the corporation. However, if the contribution is $100 or less
5 or is from a relative, as defined in s. 112.312, provided that
6 the relationship is reported, the occupation of the
7 contributor or the principal type of business need not be
8 listed.
9 2. The name and address of each political committee
10 from which the reporting committee or the candidate received,
11 or to which the reporting committee or candidate made, any
12 transfer of funds, together with the amounts and dates of all
13 transfers.
14 3. Each loan for campaign purposes to or from any
15 person or political committee within the reporting period,
16 together with the full names, addresses, and occupations, and
17 principal places of business, if any, of the lender and
18 endorsers, if any, and the date and amount of such loans.
19 4. A statement of each contribution, rebate, refund,
20 or other receipt not otherwise listed under subparagraphs 1.
21 through 3.
22 5. The total sums of all loans, in-kind contributions,
23 and other receipts by or for such committee or candidate
24 during the reporting period. The reporting forms shall be
25 designed to elicit separate totals for in-kind contributions,
26 loans, and other receipts.
27 6. The full name and address of each person to whom
28 expenditures have been made by or on behalf of the committee
29 or candidate within the reporting period; the amount, date,
30 and purpose of each such expenditure; and the name and address
31 of, and office sought by, each candidate on whose behalf such
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1 expenditure was made. However, expenditures made from the
2 petty cash fund provided by s. 106.12 need not be reported
3 individually.
4 7. The full name and address of each person to whom an
5 expenditure for personal services, salary, or reimbursement
6 for authorized expenses as provided in s. 106.021(3) has been
7 made and which is not otherwise reported, including the
8 amount, date, and purpose of such expenditure. However,
9 expenditures made from the petty cash fund provided for in s.
10 106.12 need not be reported individually.
11 8. The total amount withdrawn and the total amount
12 spent for petty cash purposes pursuant to this chapter during
13 the reporting period.
14 9. The total sum of expenditures made by such
15 committee or candidate during the reporting period.
16 10. The amount and nature of debts and obligations
17 owed by or to the committee or candidate, which relate to the
18 conduct of any political campaign.
19 11. A copy of each credit card statement which shall
20 be included in the next report following receipt thereof by
21 the candidate or political committee. Receipts for each credit
22 card purchase shall be retained by the treasurer with the
23 records for the campaign account.
24 12. The amount and nature of any separate
25 interest-bearing accounts or certificates of deposit and
26 identification of the financial institution in which such
27 accounts or certificates of deposit are located.
28 13. The primary purposes of an expenditure made
29 indirectly through a campaign treasurer pursuant to s.
30 106.021(3) for goods and services such as communications media
31 placement or procurement services, campaign signs, insurance,
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1 and other expenditures that include multiple components as
2 part of the expenditure. The primary purpose of an expenditure
3 shall be that purpose, including integral and directly related
4 components, that comprises 80 percent of such expenditure.
5 (b) The filing officer shall make available to any
6 candidate or committee a reporting form which the candidate or
7 committee may use to indicate contributions received by the
8 candidate or committee but returned to the contributor before
9 deposit.
10 (5) The candidate and his or her campaign treasurer,
11 in the case of a candidate, or the political committee chair
12 and campaign treasurer of the committee, in the case of a
13 political committee, shall certify as to the correctness of
14 each report; and each person so certifying shall bear the
15 responsibility for the accuracy and veracity of each report.
16 Any campaign treasurer, candidate, or political committee
17 chair who willfully certifies the correctness of any report
18 while knowing that such report is incorrect, false, or
19 incomplete commits a misdemeanor of the first degree,
20 punishable as provided in s. 775.082 or s. 775.083.
21 (6) The campaign depository shall return all checks
22 drawn on the account to the campaign treasurer who shall
23 retain the records pursuant to s. 106.06. The records
24 maintained by the depository with respect to such account
25 shall be subject to inspection by an agent of the Division of
26 Elections or the Florida Elections Commission at any time
27 during normal banking hours, and such depository shall furnish
28 certified copies of any of such records to the Division of
29 Elections or Florida Elections Commission upon request.
30 (7) Notwithstanding any other provisions of this
31 chapter, in any reporting period during which a candidate,
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1 political committee, or committee of continuous existence has
2 not received funds, made any contributions, or expended any
3 reportable funds, the filing of the required report for that
4 period is waived. However, the next report filed must specify
5 that the report covers the entire period between the last
6 submitted report and the report being filed, and any
7 candidate, political committee, or committee of continuous
8 existence not reporting by virtue of this subsection on dates
9 prescribed elsewhere in this chapter shall notify the filing
10 officer in writing on the prescribed reporting date that no
11 report is being filed on that date.
12 (8)(a) Any candidate or political committee failing to
13 file a report on the designated due date shall be subject to a
14 fine as provided in paragraph (b) for each late day, and, in
15 the case of a candidate, such fine shall be paid only from
16 personal funds of the candidate. The fine shall be assessed by
17 the filing officer and the moneys collected shall be
18 deposited:
19 1. In the General Revenue Fund, in the case of a
20 candidate for state office or a political committee that
21 registers with the Division of Elections; or
22 2. In the general revenue fund of the political
23 subdivision, in the case of a candidate for an office of a
24 political subdivision or a political committee that registers
25 with an officer of a political subdivision.
26
27 No separate fine shall be assessed for failure to file a copy
28 of any report required by this section.
29 (b) Upon determining that a report is late, the filing
30 officer shall immediately notify the candidate or chair of the
31 political committee as to the failure to file a report by the
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1 designated due date and that a fine is being assessed for each
2 late day. The fine shall be $50 per day for the first 3 days
3 late and, thereafter, $500 per day for each late day, not to
4 exceed 25 percent of the total receipts or expenditures,
5 whichever is greater, for the period covered by the late
6 report. However, for the reports immediately preceding each
7 primary and general election, the fine shall be $500 per day
8 for each late day, not to exceed 25 percent of the total
9 receipts or expenditures, whichever is greater, for the period
10 covered by the late report. For reports required under s.
11 106.141(7), the fine is $50 per day for each late day, not to
12 exceed 25 percent of the total receipts or expenditures,
13 whichever is greater, for the period covered by the late
14 report. Upon receipt of the report, the filing officer shall
15 determine the amount of the fine which is due and shall notify
16 the candidate or chair. The filing officer shall determine the
17 amount of the fine due based upon the earliest of the
18 following:
19 1. When the report is actually received by such
20 officer.
21 2. When the report is postmarked.
22 3. When the certificate of mailing is dated.
23 4. When the receipt from an established courier
24 company is dated.
25 5. When the electronic receipt issued pursuant to s.
26 106.0705 is dated.
27
28 Such fine shall be paid to the filing officer within 20 days
29 after receipt of the notice of payment due, unless appeal is
30 made to the Florida Elections Commission pursuant to paragraph
31 (c). In the case of a candidate, such fine shall not be an
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1 allowable campaign expenditure and shall be paid only from
2 personal funds of the candidate. An officer or member of a
3 political committee shall not be personally liable for such
4 fine.
5 (c) Any candidate or chair of a political committee
6 may appeal or dispute the fine, based upon, but not limited
7 to, unusual circumstances surrounding the failure to file on
8 the designated due date, and may request and shall be entitled
9 to a hearing before the Florida Elections Commission, which
10 shall have the authority to waive the fine in whole or in
11 part. The Florida Elections Commission must consider the
12 mitigating and aggravating circumstances contained in s.
13 106.265(1) when determining the amount of a fine, if any, to
14 be waived. Any such request shall be made within 20 days after
15 receipt of the notice of payment due. In such case, the
16 candidate or chair of the political committee shall, within
17 the 20-day period, notify the filing officer in writing of his
18 or her intention to bring the matter before the commission.
19 (d) The appropriate filing officer shall notify the
20 Florida Elections Commission of the repeated late filing by a
21 candidate or political committee, the failure of a candidate
22 or political committee to file a report after notice, or the
23 failure to pay the fine imposed. The commission shall
24 investigate only those alleged late filing violations
25 specifically identified by the filing officer and as set forth
26 in the notification. Any other alleged violations must be
27 separately stated and reported by the division to the
28 commission under s. 106.25(2).
29 (9) The Department of State may prescribe by rule the
30 requirements for filing campaign treasurers' reports as set
31 forth in this chapter.
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1 Section 8. For the purpose of incorporating the
2 amendments made by this act to section 106.08, Florida
3 Statutes, in a reference thereto, section 106.19, Florida
4 Statutes, is reenacted to read:
5 106.19 Violations by candidates, persons connected
6 with campaigns, and political committees.--
7 (1) Any candidate; campaign manager, campaign
8 treasurer, or deputy treasurer of any candidate; committee
9 chair, vice chair, campaign treasurer, deputy treasurer, or
10 other officer of any political committee; agent or person
11 acting on behalf of any candidate or political committee; or
12 other person who knowingly and willfully:
13 (a) Accepts a contribution in excess of the limits
14 prescribed by s. 106.08;
15 (b) Fails to report any contribution required to be
16 reported by this chapter;
17 (c) Falsely reports or deliberately fails to include
18 any information required by this chapter; or
19 (d) Makes or authorizes any expenditure in violation
20 of s. 106.11(4) or any other expenditure prohibited by this
21 chapter;
22
23 is guilty of a misdemeanor of the first degree, punishable as
24 provided in s. 775.082 or s. 775.083.
25 (2) Any candidate, campaign treasurer, or deputy
26 treasurer; any chair, vice chair, or other officer of any
27 political committee; any agent or person acting on behalf of
28 any candidate or political committee; or any other person who
29 violates paragraph (1)(a), paragraph (1)(b), or paragraph
30 (1)(d) shall be subject to a civil penalty equal to three
31 times the amount involved in the illegal act. Such penalty
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1 may be in addition to the penalties provided by subsection (1)
2 and shall be paid into the General Revenue Fund of this state.
3 (3) A political committee sponsoring a constitutional
4 amendment proposed by initiative which submits a petition form
5 gathered by a paid petition circulator which does not provide
6 the name and address of the paid petition circulator on the
7 form is subject to the civil penalties prescribed in s.
8 106.265.
9 Section 9. Except as otherwise expressly provided in
10 this act and except for this section, which shall take effect
11 upon becoming a law, this act shall take effect July 1, 2006.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bills 716 & 2660
15
16 The combined committee substitute differs from the original in
that it: prohibits "electioneering communications
17 organizations" (ECOs) from using contributions received within
10 days of an election to pay for obligations arising prior to
18 that election; removes the temporal restriction applicable to
"electioneering communications" involving candidates; expands
19 the trigger events for when a reportable electioneering
expenditure occurs; requires ECOs to register within 24 hours
20 after they organize or, if later, within 24 hours after it
anticipates receiving contributions or making expenditures for
21 the purpose of electioneering; creates special reporting
requirements for ECOs; prohibits an ECO from accepting a
22 contribution from certain tax-exempt, federal organizations,
unless certain conditions are met; prohibits statewide
23 officers, legislative members, and candidates for these
offices from directly or indirectly soliciting, causing to be
24 solicited, or accepting any contribution on behalf of certain
entities and organizations, with exceptions; requires
25 political committees and ECOs to register using a street
address for the organization, its affiliated organizations,
26 and its principal officers; clarifies that "direct mail" is a
"communications media" for purposes of Chapter 106; revises
27 definitions; provides penalties; incorporates cross-referenced
sections.
28
29
30
31
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