HB 7221

1	A bill to be entitled
2	An act relating to campaign financing; amending s.
3	106.011, F.S.; amending a definition; providing additional
4	registration and reporting requirements for organizations
5	making expenditures for electioneering communications or
6	accepting contributions for the purpose of making
7	electioneering communications; amending s. 106.07, F.S;
8	providing additional reporting requirements for certain
9	contributions made to persons making expenditures for
10	electioneering communications; creating s. 106.0701, F.S.;
11	providing registration and reporting requirements for
12	legislators, statewide officeholders, and candidates for
13	such offices relating to contributions to organizations
14	exempt under specified provisions of the Internal Revenue
15	Code; providing an exemption; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Paragraph (b) of subsection (1) of section
20	106.011, Florida Statutes, is amended to read:
21	106.011  Definitions.--As used in this chapter, the
22	following terms have the following meanings unless the context
23	clearly indicates otherwise:
24	(1)
25	(b)  Notwithstanding paragraph (a), the following entities
26	are not considered political committees for purposes of this
27	chapter:
28	1.  Organizations which are certified by the Department of
29	State as committees of continuous existence pursuant to s.
30	106.04, national political parties, and the state and county
31	executive committees of political parties regulated by chapter
32	103.
33	2.  Corporations regulated by chapter 607 or chapter 617 or
34	other business entities formed for purposes other than to
35	support or oppose issues or candidates, if their political
36	activities are limited to contributions to candidates, political
37	parties, or political committees or expenditures in support of
38	or opposition to an issue from corporate or business funds and
39	if no contributions are received by such corporations or
40	business entities.
41	3.  Organizations whose activities are limited to making
42	expenditures for electioneering communications or accepting
43	contributions for the purpose of making electioneering
44	communications; however, such organizations shall be required to
45	register and report contributions, including those received from
46	committees of continuous existence, and expenditures in the same
47	manner, at the same time, subject to the same penalties, and
48	with the same filing officer as a political committee supporting
49	or opposing a candidate or issue contained in the electioneering
50	communication, provided, however, that the registration, if not
51	previously filed, and initial report of such organization shall
52	be made within 48 hours after making an electioneering
53	communication and shall include all contributions received and
54	expenditures made since the date of the last general election.
55	If any such organization would be required to register and
56	report with more than one filing officer, the organization shall
57	register and report solely with the Division of Elections.
58	Section 2.  Paragraph (a) of subsection (4) of section
59	106.07, Florida Statutes, is amended to read:
60	106.07  Reports; certification and filing.--
61	(4)(a)  Each report required by this section shall contain:
62	1.  The full name, address, and occupation, if any of each
63	person who has made one or more contributions to or for such
64	committee or candidate within the reporting period, together
65	with the amount and date of such contributions. For
66	corporations, the report must provide as clear a description as
67	practicable of the principal type of business conducted by the
68	corporation. However, if the contribution is $100 or less or is
69	from a relative, as defined in s. 112.312, provided that the
70	relationship is reported, the occupation of the contributor or
71	the principal type of business need not be listed.
72	2.  The name and address of each political committee from
73	which the reporting committee or the candidate received, or to
74	which the reporting committee or candidate made, any transfer of
75	funds, together with the amounts and dates of all transfers.
76	3.  Each loan for campaign purposes to or from any person
77	or political committee within the reporting period, together
78	with the full names, addresses, and occupations, and principal
79	places of business, if any, of the lender and endorsers, if any,
80	and the date and amount of such loans.
81	4.  A statement of each contribution, rebate, refund, or
82	other receipt not otherwise listed under subparagraphs 1.
83	through 3.
84	5.  The total sums of all loans, in-kind contributions, and
85	other receipts by or for such committee or candidate during the
86	reporting period. The reporting forms shall be designed to
87	elicit separate totals for in-kind contributions, loans, and
88	other receipts.
89	6.  The full name and address of each person to whom
90	expenditures have been made by or on behalf of the committee or
91	candidate within the reporting period; the amount, date, and
92	purpose of each such expenditure; and the name and address of,
93	and office sought by, each candidate on whose behalf such
94	expenditure was made. However, expenditures made from the petty
95	cash fund provided by s. 106.12 need not be reported
96	individually.
97	7.  The full name and address of each person to whom an
98	expenditure for personal services, salary, or reimbursement for
99	authorized expenses as provided in s. 106.021(3) has been made
100	and which is not otherwise reported, including the amount, date,
101	and purpose of such expenditure. However, expenditures made from
102	the petty cash fund provided for in s. 106.12 need not be
103	reported individually.
104	8.  The total amount withdrawn and the total amount spent
105	for petty cash purposes pursuant to this chapter during the
106	reporting period.
107	9.  The total sum of expenditures made by such committee or
108	candidate during the reporting period.
109	10.  The amount and nature of debts and obligations owed by
110	or to the committee or candidate, which relate to the conduct of
111	any political campaign.
112	11.  A copy of each credit card statement which shall be
113	included in the next report following receipt thereof by the
114	candidate or political committee. Receipts for each credit card
115	purchase shall be retained by the treasurer with the records for
116	the campaign account.
117	12.  The amount and nature of any separate interest-bearing
118	accounts or certificates of deposit and identification of the
119	financial institution in which such accounts or certificates of
120	deposit are located.
121	13.  The primary purposes of an expenditure made indirectly
122	through a campaign treasurer pursuant to s. 106.021(3) for goods
123	and services such as communications media placement or
124	procurement services, campaign signs, insurance, and other
125	expenditures that include multiple components as part of the
126	expenditure. The primary purpose of an expenditure shall be that
127	purpose, including integral and directly related components,
128	that comprises 80 percent of such expenditure.
129	14.  For any contribution made by an entity organized under
130	s. 527 of the Internal Revenue Code to a person making an
131	expenditure for an electioneering communication, the following
132	additional information:
133	a.  The name, address, and contact person of the s. 527
134	entity.
135	b.  The date the s. 527 entity was formed.
136	c.  A list of all contributions that exceed $10,000
137	received by the s. 527 entity since the date of the last general
138	election, and the name and address of each contributor,
139	including each single contributor that in the aggregate made
140	contributions exceeding $10,000 during the period.
141	Section 3.  Section 106.0701, Florida Statutes, is created
142	to read:
143	106.0701  Solicitation of contributions and disclosure;
144	registration.--
145	(1)(a)  A member of the Legislature, a statewide
146	officeholder, or a candidate for legislative or statewide office
147	who directly or indirectly solicits, causes to be solicited, or
148	accepts any contributions to an organization that is exempt from
149	taxation under s. 527 or s. 501(c) of the Internal Revenue Code
150	which such person, in whole or in part, establishes, maintains,
151	or controls shall immediately disclose such activity to and
152	register with the division.
153	(b)  Upon registration with the division, a person subject
154	to the requirements of paragraph (a) shall promptly create a
155	public website that contains a mission statement and the names
156	of persons associated with the organization.
157	(c)  All contributions received shall be disclosed on the
158	website within 5 business days after deposit, together with the
159	name, address, and occupation of the donor. All expenditures by
160	the organization shall be individually disclosed on the website
161	within 5 business days after being made.
162	(2)  The requirements of subsection (1) do not apply to a
163	candidate's own campaign account for state or federal office, to
164	an individual listed in subsection (1) who is associated with a
165	political party organized under chapter 103, or to a qualified
166	charity organized under s. 501(c) of the Internal Revenue Code.
167	Section 4.  This act shall take effect on July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.