Senate Bill sb0716er

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  1                                 

  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. 106.022, F.S.;

  9         conforming a reference to an electioneering

10         communications organization; amending s.

11         106.03, F.S.; revising the registration

12         requirements for political committees and

13         electioneering communications organizations;

14         amending s. 106.04, F.S.; revising certain

15         filing requirements and reporting requirements

16         for committees of continuous existence;

17         amending s. 106.07, F.S.; deleting a report

18         filing requirement for certain candidates for

19         other than statewide office; creating s.

20         106.0701, F.S.; establishing campaign finance

21         reporting requirements for certain officers and

22         candidates soliciting contributions on behalf

23         of s. 527 or s. 501(c)(4) organizations;

24         providing a civil penalty; providing for

25         nonapplication to certain persons; creating s.

26         106.0703, F.S.; establishing campaign finance

27         reporting requirements for electioneering

28         communications organizations; amending s.

29         106.0705, F.S.; incorporating the new campaign

30         finance reporting requirements for

31         electioneering communications organizations


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 1         into the Department of State's electronic

 2         campaign finance reporting system; amending s.

 3         106.08, F.S.; prohibiting the use of certain

 4         contributions received by an electioneering

 5         communications organization proximate to an

 6         election; limiting certain contributions to

 7         electioneering communications organizations

 8         from certain tax-exempt organizations;

 9         providing criminal penalties; reenacting ss.

10         106.07, 106.08(8), and 106.19, F.S., relating

11         to reports, certification and filing, and

12         penalty provisions, to incorporate the

13         amendments made by this act to ss. 106.03 and

14         106.08, F.S., in references thereto; providing

15         effective dates.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Subsections (1), (3), (4), (13), and (18)

20  of section 106.011, Florida Statutes, are amended, and

21  subsection (19) is added to that section, to read:

22         106.011  Definitions.--As used in this chapter, the

23  following terms have the following meanings unless the context

24  clearly indicates otherwise:

25         (1)(a)  "Political committee" means:

26         1.  A combination of two or more individuals, or a

27  person other than an individual, that, in an aggregate amount

28  in excess of $500 during a single calendar year:

29         a.  Accepts contributions for the purpose of making

30  contributions to any candidate, political committee, committee

31  of continuous existence, or political party;


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 1         b.  Accepts contributions for the purpose of expressly

 2  advocating the election or defeat of a candidate or the

 3  passage or defeat of an issue;

 4         c.  Makes expenditures that expressly advocate the

 5  election or defeat of a candidate or the passage or defeat of

 6  an issue; or

 7         d.  Makes contributions to a common fund, other than a

 8  joint checking account between spouses, from which

 9  contributions are made to any candidate, political committee,

10  committee of continuous existence, or political party;

11         2.  The sponsor of a proposed constitutional amendment

12  by initiative who intends to seek the signatures of registered

13  electors.

14         (b)  Notwithstanding paragraph (a), the following

15  entities are not considered political committees for purposes

16  of this chapter:

17         1.  Organizations which are certified by the Department

18  of State as committees of continuous existence pursuant to s.

19  106.04, national political parties, and the state and county

20  executive committees of political parties regulated by chapter

21  103.

22         2.  Corporations regulated by chapter 607 or chapter

23  617 or other business entities formed for purposes other than

24  to support or oppose issues or candidates, if their political

25  activities are limited to contributions to candidates,

26  political parties, or political committees or expenditures in

27  support of or opposition to an issue from corporate or

28  business funds and if no contributions are received by such

29  corporations or business entities.

30         3.  Electioneering communications organizations as

31  defined in subsection (19) Organizations whose activities are


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 1  limited to making expenditures for electioneering

 2  communications or accepting contributions for the purpose of

 3  making electioneering communications; however, such

 4  organizations shall be required to register with and report

 5  expenditures and contributions, including contributions those

 6  received from committees of continuous existence, to the

 7  Division of Elections and expenditures in the same manner, at

 8  the same time, and subject to the same penalties, and with the

 9  same filing officer as a political committee supporting or

10  opposing an issue or a legislative a candidate, except as

11  otherwise specifically provided in this chapter or issue

12  contained in the electioneering communication. If any such

13  organization would be required to register and report with

14  more than one filing officer, the organization shall register

15  and report solely with the Division of Elections.

16         (3)  "Contribution" means:

17         (a)  A gift, subscription, conveyance, deposit, loan,

18  payment, or distribution of money or anything of value,

19  including contributions in kind having an attributable

20  monetary value in any form, made for the purpose of

21  influencing the results of an election or making an

22  electioneering communication.

23         (b)  A transfer of funds between political committees,

24  between committees of continuous existence, between

25  electioneering communications organizations, or between any

26  combination of these groups or between a political committee

27  and a committee of continuous existence.

28         (c)  The payment, by any person other than a candidate

29  or political committee, of compensation for the personal

30  services of another person which are rendered to a candidate

31  


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 1  or political committee without charge to the candidate or

 2  committee for such services.

 3         (d)  The transfer of funds by a campaign treasurer or

 4  deputy campaign treasurer between a primary depository and a

 5  separate interest-bearing account or certificate of deposit,

 6  and the term includes any interest earned on such account or

 7  certificate.

 8  

 9  Notwithstanding the foregoing meanings of "contribution," the

10  word shall not be construed to include services, including,

11  but not limited to, legal and accounting services, provided

12  without compensation by individuals volunteering a portion or

13  all of their time on behalf of a candidate or political

14  committee. This definition shall not be construed to include

15  editorial endorsements.

16         (4)(a)  "Expenditure" means a purchase, payment,

17  distribution, loan, advance, transfer of funds by a campaign

18  treasurer or deputy campaign treasurer between a primary

19  depository and a separate interest-bearing account or

20  certificate of deposit, or gift of money or anything of value

21  made for the purpose of influencing the results of an election

22  or making an electioneering communication. However,

23  "expenditure" does not include a purchase, payment,

24  distribution, loan, advance, or gift of money or anything of

25  value made for the purpose of influencing the results of an

26  election when made by an organization, in existence prior to

27  the time during which a candidate qualifies or an issue is

28  placed on the ballot for that election, for the purpose of

29  printing or distributing such organization's newsletter,

30  containing a statement by such organization in support of or

31  


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 1  opposition to a candidate or issue, which newsletter is

 2  distributed only to members of such organization.

 3         (b)  As used in this chapter, an "expenditure" for an

 4  electioneering communication is made when the earliest of the

 5  following occurs:

 6         1.  A person enters into executes a contract for

 7  applicable goods or services;

 8         2.  A person makes payment, in whole or in part, for

 9  the production or public dissemination of applicable goods or

10  services; or

11         3.  The electioneering communication is publicly

12  disseminated.

13         (13)  "Communications media" means broadcasting

14  stations, newspapers, magazines, outdoor advertising

15  facilities, printers, direct mail mailing companies,

16  advertising agencies, the Internet, and telephone companies;

17  but with respect to telephones, an expenditure shall be deemed

18  to be an expenditure for the use of communications media only

19  if made for the costs of telephones, paid telephonists, or

20  automatic telephone equipment to be used by a candidate or a

21  political committee to communicate with potential voters but

22  excluding any costs of telephones incurred by a volunteer for

23  use of telephones by such volunteer; however, with respect to

24  the Internet, an expenditure shall be deemed an expenditure

25  for use of communications media only if made for the cost of

26  creating or disseminating a message on a computer information

27  system accessible by more than one person but excluding

28  internal communications of a campaign or of any group.

29         (18)(a)  "Electioneering communication" means a paid

30  expression in any communications media prescribed in

31  


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 1  subsection (13) by means other than the spoken word in direct

 2  conversation that:

 3         1.  Refers to or depicts a clearly identified candidate

 4  for office or contains a clear reference indicating that an

 5  issue is to be voted on at an election, without expressly

 6  advocating the election or defeat of a candidate or the

 7  passage or defeat of an issue.

 8         2.  For communications referring to or depicting a

 9  clearly identified candidate for office, is targeted to the

10  relevant electorate. A communication is considered targeted if

11  1,000 or more persons in the geographic area the candidate

12  would represent if elected will receive the communication.

13         3.  For communications referring to or depicting a

14  clearly identified candidate for office, is published after

15  the end of the candidate qualifying period for the office

16  sought by the candidate.

17         4.  For communications containing a clear reference

18  indicating that an issue is to be voted on at an election, is

19  published after the issue is designated a ballot position or

20  120 days before the date of the election on the issue,

21  whichever occurs first.

22         (b)  The term "electioneering communication" does not

23  include:

24         1.  A statement or depiction by an organization, in

25  existence prior to the time during which a candidate named or

26  depicted qualifies or an issue identified is placed on the

27  ballot for that election, made in that organization's

28  newsletter, which newsletter is distributed only to members of

29  that organization.

30  

31  


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 1         2.  An editorial endorsement, news story, commentary,

 2  or editorial by any newspaper, radio, television station, or

 3  other recognized news medium.

 4         3.  A communication that constitutes a public debate or

 5  forum that includes at least two opposing candidates for an

 6  office or one advocate and one opponent of an issue, or that

 7  solely promotes such a debate or forum and is made by or on

 8  behalf of the person sponsoring the debate or forum, provided

 9  that:

10         a.  The staging organization is either:

11         (I)  A charitable organization that does not make other

12  electioneering communications and does not otherwise support

13  or oppose any political candidate or political party; or

14         (II)  A newspaper, radio station, television station,

15  or other recognized news medium; and

16         b.  The staging organization does not structure the

17  debate to promote or advance one candidate or issue position

18  over another.

19         (c)  For purposes of this chapter, an expenditure made

20  for, or in furtherance of, an electioneering communication

21  shall not be considered a contribution to or on behalf of any

22  candidate.

23         (d)  For purposes of this chapter, an electioneering

24  communication shall not constitute an independent expenditure

25  nor be subject to the limitations applicable to independent

26  expenditures.

27         (19)  "Electioneering communications organization"

28  means any group, other than a political party, political

29  committee, or committee of continuous existence, whose

30  activities are limited to making expenditures for

31  


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 1  electioneering communications or accepting contributions for

 2  the purpose of making electioneering communications.

 3         Section 2.  Subsection (1) of section 106.022, Florida

 4  Statutes, is amended to read:

 5         106.022  Appointment of a registered agent; duties.--

 6         (1)  Each political committee, committee of continuous

 7  existence, or electioneering communications organization

 8  entity shall have and continuously maintain in this state a

 9  registered office and a registered agent and must file with

10  the division a statement of appointment for the registered

11  office and registered agent. The statement of appointment

12  must:

13         (a)  Provide the name of the registered agent and the

14  street address and phone number for the registered office;

15         (b)  Identify the entity for whom the registered agent

16  serves;

17         (c)  Designate the address the registered agent wishes

18  to use to receive mail;

19         (d)  Include the entity's undertaking to inform the

20  division of any change in such designated address;

21         (e)  Provide for the registered agent's acceptance of

22  the appointment, which must confirm that the registered agent

23  is familiar with and accepts the obligations of the position

24  as set forth in this section; and

25         (f)  Contain the signature of the registered agent and

26  the entity engaging the registered agent.

27         Section 3.  Section 106.03, Florida Statutes, is

28  amended to read:

29         106.03  Registration of political committees.--

30         (1)(a)  Each political committee that which anticipates

31  receiving contributions or making expenditures during a


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 1  calendar year in an aggregate amount exceeding $500 or that

 2  which is seeking the signatures of registered electors in

 3  support of an initiative shall file a statement of

 4  organization as provided in subsection (3) within 10 days

 5  after its organization or, if later, within 10 days after the

 6  date on which it has information that which causes the

 7  committee to anticipate that it will receive contributions or

 8  make expenditures in excess of $500.  If a political committee

 9  is organized within 10 days of any election, it shall

10  immediately file the statement of organization required by

11  this section.

12         (b)  Each electioneering communications organization

13  that anticipates receiving contributions or making

14  expenditures shall file a statement of organization as

15  provided in subsection (3) by expedited delivery within 24

16  hours after its organization or, if later, within 24 hours

17  after the date on which it has information that causes the

18  organization to anticipate that it will receive contributions

19  or make expenditures for an electioneering communication.

20         (2)  The statement of organization shall include:

21         (a)  The name and street address of the committee;

22         (b)  The names, street addresses, and relationships of

23  affiliated or connected organizations;

24         (c)  The area, scope, or jurisdiction of the committee;

25         (d)  The name, street address, and position of the

26  custodian of books and accounts;

27         (e)  The name, street address, and position of other

28  principal officers, including officers and members of the

29  finance committee, if any;

30         (f)  The name, address, office sought, and party

31  affiliation of:


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 1         1.  Each candidate whom the committee is supporting;

 2         2.  Any other individual, if any, whom the committee is

 3  supporting for nomination for election, or election, to any

 4  public office whatever;

 5         (g)  Any issue or issues such organization is

 6  supporting or opposing;

 7         (h)  If the committee is supporting the entire ticket

 8  of any party, a statement to that effect and the name of the

 9  party;

10         (i)  A statement of whether the committee is a

11  continuing one;

12         (j)  Plans for the disposition of residual funds which

13  will be made in the event of dissolution;

14         (k)  A listing of all banks, safe-deposit boxes, or

15  other depositories used for committee funds; and

16         (l)  A statement of the reports required to be filed by

17  the committee with federal officials, if any, and the names,

18  addresses, and positions of such officials.

19         (3)(a)  A political committee which is organized to

20  support or oppose statewide, legislative, or multicounty

21  candidates or issues to be voted upon on a statewide or

22  multicounty basis shall file a statement of organization with

23  the Division of Elections.

24         (b)  Except as provided in paragraph (c), a political

25  committee which is organized to support or oppose candidates

26  or issues to be voted on in a countywide election or

27  candidates or issues in any election held on less than a

28  countywide basis shall file a statement of organization with

29  the supervisor of elections of the county in which such

30  election is being held.

31  


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 1         (c)  A political committee which is organized to

 2  support or oppose only candidates for municipal office or

 3  issues to be voted on in a municipal election shall file a

 4  statement of organization with the officer before whom

 5  municipal candidates qualify.

 6         (d)  Any political committee which would be required

 7  under this subsection to file a statement of organization in

 8  two or more locations by reason of the committee's intention

 9  to support or oppose candidates or issues at state or

10  multicounty and local levels of government need file only with

11  the Division of Elections.

12         (4)  Any change in information previously submitted in

13  a statement of organization shall be reported to the agency or

14  officer with whom such committee is required to register

15  pursuant to subsection (3), within 10 days following the

16  change.

17         (5)  Any committee which, after having filed one or

18  more statements of organization, disbands or determines it

19  will no longer receive contributions or make expenditures

20  during the calendar year in an aggregate amount exceeding $500

21  shall so notify the agency or officer with whom such committee

22  is required to file the statement of organization.

23         (6)  If the filing officer finds that a political

24  committee has filed its statement of organization consistent

25  with the requirements of subsection (2), it shall notify the

26  committee in writing that it has been registered as a

27  political committee. If the filing officer finds that a

28  political committee's statement of organization does not meet

29  the requirements of subsection (2), it shall notify the

30  committee of such finding and shall state in writing the

31  reasons for rejection of the statement of organization.


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 1         (7)  The Division of Elections shall promulgate rules

 2  to prescribe the manner in which inactive committees may be

 3  dissolved and have their registration canceled. Such rules

 4  shall, at a minimum, provide for:

 5         (a)  Notice which shall contain the facts and conduct

 6  which warrant the intended action, including but not limited

 7  to failure to file reports and limited activity.

 8         (b)  Adequate opportunity to respond.

 9         (c)  Appeal of the decision to the Florida Elections

10  Commission.  Such appeals shall be exempt from the

11  confidentiality provisions of s. 106.25.

12         Section 4.    Paragraph (c) of subsection (4) of

13  section 106.04, Florida Statutes, is amended to read:

14         106.04  Committees of continuous existence.--

15         (4)

16         (c)  All committees of continuous existence shall file

17  the original and one copy of their reports with the Division

18  of Elections. In addition, a duplicate copy of each report

19  shall be filed with the supervisor of elections in the county

20  in which the committee maintains its books and records, except

21  that if the filing officer to whom the committee is required

22  to report is located in the same county as the supervisor no

23  such duplicate report is required to be filed with the

24  supervisor. Reports shall be filed in accordance with s.

25  106.0705 on forms provided by the division and shall contain

26  the following information:

27         1.  The full name, address, and occupation of each

28  person who has made one or more contributions, including

29  contributions that represent the payment of membership dues,

30  to the committee during the reporting period, together with

31  the amounts and dates of such contributions. For corporations,


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 1  the report must provide as clear a description as practicable

 2  of the principal type of business conducted by the

 3  corporation. However, if the contribution is $100 or less, the

 4  occupation of the contributor or principal type of business

 5  need not be listed. However, for any contributions that

 6  represent the payment of dues by members in a fixed amount

 7  aggregating no more than $250 per calendar year, pursuant to

 8  the schedule on file with the Division of Elections, only the

 9  aggregate amount of such contributions need be listed,

10  together with the number of members paying such dues and the

11  amount of the membership dues.

12         2.  The name and address of each political committee or

13  committee of continuous existence from which the reporting

14  committee received, or the name and address of each political

15  committee, committee of continuous existence, or political

16  party to which it made, any transfer of funds, together with

17  the amounts and dates of all transfers.

18         3.  Any other receipt of funds not listed pursuant to

19  subparagraph 1. or subparagraph 2., including the sources and

20  amounts of all such funds.

21         4.  The name and address of, and office sought by, each

22  candidate to whom the committee has made a contribution during

23  the reporting period, together with the amount and date of

24  each contribution.

25         5.  The full name and address of each person to whom

26  expenditures have been made by or on behalf of the committee

27  within the reporting period; the amount, date, and purpose of

28  each such expenditure; and the name and address, and office

29  sought by, each candidate on whose behalf such expenditure was

30  made.

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 1         6.  The full name and address of each person to whom an

 2  expenditure for personal services, salary, or reimbursement

 3  for authorized expenses has been made, including the full name

 4  and address of each entity to whom the person made payment for

 5  which reimbursement was made by check drawn upon the committee

 6  account, together with the amount and purpose of such payment.

 7         7.  Transaction information from each credit card

 8  statement that will be included in the next report following

 9  receipt thereof by the committee. Receipts for each credit

10  card purchase shall be retained by the treasurer with the

11  records for the committee account.

12         8.6.  The total sum of expenditures made by the

13  committee during the reporting period.

14         Section 5.  Paragraph (a) of subsection (2) of section

15  106.07, Florida Statutes, is amended to read:

16         106.07  Reports; certification and filing.--

17         (2)(a)  All reports required of a candidate by this

18  section shall be filed with the officer before whom the

19  candidate is required by law to qualify. All candidates who

20  file with the Department of State shall file their reports

21  pursuant to s. 106.0705. In addition, a copy of each report

22  for candidates for other than statewide office who qualify

23  with the Department of State shall be filed with the

24  supervisor of elections in the county where the candidate

25  resides. Except as provided in s. 106.0705, reports shall be

26  filed not later than 5 p.m. of the day designated; however,

27  any report postmarked by the United States Postal Service no

28  later than midnight of the day designated shall be deemed to

29  have been filed in a timely manner. Any report received by the

30  filing officer within 5 days after the designated due date

31  that was delivered by the United States Postal Service shall


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 1  be deemed timely filed unless it has a postmark that indicates

 2  that the report was mailed after the designated due date. A

 3  certificate of mailing obtained from and dated by the United

 4  States Postal Service at the time of mailing, or a receipt

 5  from an established courier company, which bears a date on or

 6  before the date on which the report is due, shall be proof of

 7  mailing in a timely manner. Reports shall contain information

 8  of all previously unreported contributions received and

 9  expenditures made as of the preceding Friday, except that the

10  report filed on the Friday immediately preceding the election

11  shall contain information of all previously unreported

12  contributions received and expenditures made as of the day

13  preceding that designated due date. All such reports shall be

14  open to public inspection.

15         Section 6.  Section 106.0701, Florida Statutes, is

16  created to read:

17         106.0701  Solicitation of contributions on behalf of s.

18  527 or s. 501(c)(4) organizations; reporting requirements;

19  civil penalty; exemption.--

20         (1)  The Governor, Lieutenant Governor, members of the

21  Cabinet, state legislators, or candidates for such offices who

22  directly or indirectly solicit, cause to be solicited, or

23  accept any contribution on behalf of an organization that is

24  exempt from taxation under s. 527 or s. 501(c)(4) of the

25  Internal Revenue Code, which such individuals, in whole or in

26  part, establish, maintain, or control, shall file a statement

27  with the division within 5 days after commencing such activity

28  on behalf of the organization. The statement shall contain the

29  following information:

30         (a)  The name of the person acting on behalf of the

31  organization.


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 1         (b)  The name and type of the organization.

 2         (c)  A description of the relationship between the

 3  person and the organization.

 4         (2)  Failure to timely file the statement shall subject

 5  the person to a civil penalty of $50 per day for each late

 6  day, payable from the personal funds of the violator.

 7         (3)  Upon filing a statement with the division, an

 8  individual subject to the requirements of subsection (1) shall

 9  promptly create a public website that contains a mission

10  statement and the names of persons associated with the

11  organization. The address of the website shall be reported to

12  the division within 5 business days after the website is

13  created.

14         (4)  All contributions received shall be disclosed on

15  the website within 5 business days after deposit, together

16  with the name, address, and occupation of the donor. All

17  expenditures by the organization shall be individually

18  disclosed on the website within 5 business days after being

19  made.

20         (5)  The filing requirements of subsection (1) do not

21  apply to an individual acting on behalf of his or her own

22  campaign or a political party of which the individual is a

23  member.

24         Section 7.  Section 106.0703, Florida Statutes, is

25  created to read:

26         106.0703  Electioneering communications organizations;

27  additional reporting requirements.--In addition to the

28  reporting requirements in s. 106.07, an electioneering

29  communications organization shall, within 2 days after

30  receiving its initial password or secure sign-on from the

31  Department of State allowing confidential access to the


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 1  department's electronic campaign finance filing system,

 2  electronically file the periodic campaign finance reports that

 3  would have been required pursuant to s. 106.07 for reportable

 4  activities that occurred since the date of the last general

 5  election.

 6         Section 8.  Paragraph (b) of subsection (2) of section

 7  106.0705, Florida Statutes, is amended to read:

 8         106.0705Electronic filing of campaign treasurer's

 9  reports.--

10         (2)

11         (b)  Each political committee, committee of continuous

12  existence, electioneering communications organization, or

13  state executive committee that is required to file reports

14  with the division under s. 106.04, s. 106.07, s. 106.0703, or

15  s. 106.29, as applicable, must file such reports with the

16  division by means of the division's electronic filing system.

17         Section 9.  Subsections (4) and (7) of section 106.08,

18  Florida Statutes, are amended, paragraph (d) is added to

19  subsection (5) of that section, and subsection (8) of that

20  section is reenacted, to read:

21         106.08  Contributions; limitations on.--

22         (4)(a)  Any contribution received by the chair,

23  campaign treasurer, or deputy campaign treasurer of a

24  political committee supporting or opposing a candidate with

25  opposition in an election or supporting or opposing an issue

26  on the ballot in an election on the day of that election or

27  less than 5 days prior to the day of that election may not be

28  obligated or expended by the committee until after the date of

29  the election.

30         (b)  Any contribution received by an electioneering

31  communications organization on the day of an election or less


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 1  than 5 days prior to the day of that election may not be

 2  obligated or expended by the organization until after the date

 3  of the election and may not be expended to pay for any

 4  obligation arising prior to the election.

 5         (5)

 6         (d)  An electioneering communications organization may

 7  not accept a contribution from an organization exempt from

 8  taxation under s. 527 or s. 501(c)(4) of the Internal Revenue

 9  Code, other than a political committee, committee of

10  continuous existence, or political party, unless the

11  contributing organization has registered as if the

12  organization were an electioneering communications

13  organization pursuant to s. 106.03 and has filed all campaign

14  finance reports required of electioneering communications

15  organizations pursuant to ss. 106.07 and 106.0703.

16         (7)(a)  Any person who knowingly and willfully makes or

17  accepts no more than one contribution in violation of

18  subsection (1) or subsection (5), or any person who knowingly

19  and willfully fails or refuses to return any contribution as

20  required in subsection (3), commits a misdemeanor of the first

21  degree, punishable as provided in s. 775.082 or s. 775.083. If

22  any corporation, partnership, or other business entity or any

23  political party, political committee, or committee of

24  continuous existence, or electioneering communications

25  organization is convicted of knowingly and willfully violating

26  any provision punishable under this paragraph, it shall be

27  fined not less than $1,000 and not more than $10,000. If it is

28  a domestic entity, it may be ordered dissolved by a court of

29  competent jurisdiction; if it is a foreign or nonresident

30  business entity, its right to do business in this state may be

31  forfeited. Any officer, partner, agent, attorney, or other


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 1  representative of a corporation, partnership, or other

 2  business entity, or of a political party, political committee,

 3  or committee of continuous existence, electioneering

 4  communications organization, or organization exempt from

 5  taxation under s. 527 or s. 501(c)(4) of the Internal Revenue

 6  Code, who aids, abets, advises, or participates in a violation

 7  of any provision punishable under this paragraph commits a

 8  misdemeanor of the first degree, punishable as provided in s.

 9  775.082 or s. 775.083.

10         (b)  Any person who knowingly and willfully makes or

11  accepts two or more contributions in violation of subsection

12  (1) or subsection (5) commits a felony of the third degree,

13  punishable as provided in s. 775.082, s. 775.083, or s.

14  775.084. If any corporation, partnership, or other business

15  entity or any political party, political committee, or

16  committee of continuous existence, or electioneering

17  communications organization is convicted of knowingly and

18  willfully violating any provision punishable under this

19  paragraph, it shall be fined not less than $10,000 and not

20  more than $50,000. If it is a domestic entity, it may be

21  ordered dissolved by a court of competent jurisdiction; if it

22  is a foreign or nonresident business entity, its right to do

23  business in this state may be forfeited. Any officer, partner,

24  agent, attorney, or other representative of a corporation,

25  partnership, or other business entity, or of a political

26  committee, committee of continuous existence, or political

27  party, or electioneering communications organization, or

28  organization exempt from taxation under s. 527 or s. 501(c)(4)

29  of the Internal Revenue Code, who aids, abets, advises, or

30  participates in a violation of any provision punishable under

31  this paragraph commits a felony of the third degree,


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 1  punishable as provided in s. 775.082, s. 775.083, or s.

 2  775.084.

 3         (8)  Except when otherwise provided in subsection (7),

 4  any person who knowingly and willfully violates any provision

 5  of this section shall, in addition to any other penalty

 6  prescribed by this chapter, pay to the state a sum equal to

 7  twice the amount contributed in violation of this chapter.

 8  Each campaign treasurer shall pay all amounts contributed in

 9  violation of this section to the state for deposit in the

10  General Revenue Fund.

11         Section 10.  For the purpose of incorporating the

12  amendments made by this act to section 106.03, Florida

13  Statutes, in a reference thereto, section 106.07, Florida

14  Statutes, is reenacted to read:

15         106.07  Reports; certification and filing.--

16         (1)  Each campaign treasurer designated by a candidate

17  or political committee pursuant to s. 106.021 shall file

18  regular reports of all contributions received, and all

19  expenditures made, by or on behalf of such candidate or

20  political committee.  Reports shall be filed on the 10th day

21  following the end of each calendar quarter from the time the

22  campaign treasurer is appointed, except that, if the 10th day

23  following the end of a calendar quarter occurs on a Saturday,

24  Sunday, or legal holiday, the report shall be filed on the

25  next following day which is not a Saturday, Sunday, or legal

26  holiday.  Quarterly reports shall include all contributions

27  received and expenditures made during the calendar quarter

28  which have not otherwise been reported pursuant to this

29  section.

30         (a)  Except as provided in paragraph (b), following the

31  last day of qualifying for office, the reports shall be filed


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 1  on the 32nd, 18th, and 4th days immediately preceding the

 2  primary and on the 46th, 32nd, 18th, and 4th days immediately

 3  preceding the election, for a candidate who is opposed in

 4  seeking nomination or election to any office, for a political

 5  committee, or for a committee of continuous existence.

 6         (b)  Following the last day of qualifying for office,

 7  any statewide candidate who has requested to receive

 8  contributions from the Election Campaign Financing Trust Fund

 9  or any statewide candidate in a race with a candidate who has

10  requested to receive contributions from the trust fund shall

11  file reports on the 4th, 11th, 18th, 25th, and 32nd days prior

12  to the primary election, and on the 4th, 11th, 18th, 25th,

13  32nd, 39th, 46th, and 53rd days prior to the general election.

14         (c)  Following the last day of qualifying for office,

15  any unopposed candidate need only file a report within 90 days

16  after the date such candidate became unopposed.  Such report

17  shall contain all previously unreported contributions and

18  expenditures as required by this section and shall reflect

19  disposition of funds as required by s. 106.141.

20         (d)1.  When a special election is called to fill a

21  vacancy in office, all political committees and committees of

22  continuous existence making contributions or expenditures to

23  influence the results of such special election shall file

24  campaign treasurers' reports with the filing officer on the

25  dates set by the Department of State pursuant to s. 100.111.

26         2.  When an election is called for an issue to appear

27  on the ballot at a time when no candidates are scheduled to

28  appear on the ballot, all political committees making

29  contributions or expenditures in support of or in opposition

30  to such issue shall file reports on the 18th and 4th days

31  prior to such election.


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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 11.  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 12.  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  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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