HB 7221

CS

CHAMBER ACTION

1	The State Administration Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to campaign financing; amending s.
7	106.011, F.S.; amending a definition; providing additional
8	registration and reporting requirements for organizations
9	making expenditures for electioneering communications or
10	accepting contributions for the purpose of making
11	electioneering communications; amending s. 106.04, F.S.;
12	revising certain filing requirements and reporting
13	requirements for committees of continuous existence;
14	amending s. 106.07, F.S; providing additional reporting
15	requirements for certain contributions made to persons
16	making expenditures for electioneering communications;
17	requiring refund of certain contributions; creating s.
18	106.0701, F.S.; providing registration and reporting
19	requirements for state legislators, certain statewide
20	officeholders, and candidates for such offices relating to
21	contributions to organizations exempt under specified
22	provisions of the Internal Revenue Code; providing an
23	exemption; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Paragraph (b) of subsection (1) of section
28	106.011, Florida Statutes, is amended to read:
29	106.011  Definitions.--As used in this chapter, the
30	following terms have the following meanings unless the context
31	clearly indicates otherwise:
32	(1)
33	(b)  Notwithstanding paragraph (a), the following entities
34	are not considered political committees for purposes of this
35	chapter:
36	1.  Organizations which are certified by the Department of
37	State as committees of continuous existence pursuant to s.
38	106.04, national political parties, and the state and county
39	executive committees of political parties regulated by chapter
40	103.
41	2.  Corporations regulated by chapter 607 or chapter 617 or
42	other business entities formed for purposes other than to
43	support or oppose issues or candidates, if their political
44	activities are limited to contributions to candidates, political
45	parties, or political committees or expenditures in support of
46	or opposition to an issue from corporate or business funds and
47	if no contributions are received by such corporations or
48	business entities.
49	3.  Organizations whose activities are limited to making
50	expenditures for electioneering communications or accepting
51	contributions for the purpose of making electioneering
52	communications; however, such organizations shall be required to
53	register and report contributions, including those received from
54	committees of continuous existence, and expenditures in the same
55	manner, at the same time, subject to the same penalties, and
56	with the same filing officer as a political committee supporting
57	or opposing a candidate or issue contained in the electioneering
58	communication, provided, however, that the registration, if not
59	previously filed, and initial report of such organization shall
60	be filed within 48 hours after receiving access to the
61	division's electronic filing system, and shall include all
62	contributions received and expenditures made since the date of
63	the last general election. The organization shall request an
64	identification number and initial password to gain access to the
65	system within 1 business day after making an expenditure for an
66	electioneering communication. If any such organization would be
67	required to register and report with more than one filing
68	officer, the organization shall register and report solely with
69	the Division of Elections.
70	Section 2.  Paragraph (c) of subsection (4) of section
71	106.04, Florida Statutes, is amended to read:
72	106.04  Committees of continuous existence.--
73	(4)
74	(c)  All committees of continuous existence shall file the
75	original and one copy of their reports with the Division of
76	Elections. In addition, a duplicate copy of each report shall be
77	filed with the supervisor of elections in the county in which
78	the committee maintains its books and records, except that if
79	the filing officer to whom the committee is required to report
80	is located in the same county as the supervisor no such
81	duplicate report is required to be filed with the supervisor.
82	Reports shall be filed in accordance with s. 106.0705 on forms
83	provided by the division and shall contain the following
84	information:
85	1.  The full name, address, and occupation of each person
86	who has made one or more contributions, including contributions
87	that represent the payment of membership dues, to the committee
88	during the reporting period, together with the amounts and dates
89	of such contributions. For corporations, the report must provide
90	as clear a description as practicable of the principal type of
91	business conducted by the corporation. However, if the
92	contribution is $100 or less, the occupation of the contributor
93	or principal type of business need not be listed. However, for
94	any contributions that represent the payment of dues by members
95	in a fixed amount aggregating no more than $250 per calendar
96	year, pursuant to the schedule on file with the Division of
97	Elections, only the aggregate amount of such contributions need
98	be listed, together with the number of members paying such dues
99	and the amount of the membership dues.
100	2.  The name and address of each political committee or
101	committee of continuous existence from which the reporting
102	committee received, or the name and address of each political
103	committee, committee of continuous existence, or political party
104	to which it made, any transfer of funds, together with the
105	amounts and dates of all transfers.
106	3.  Any other receipt of funds not listed pursuant to
107	subparagraph 1. or subparagraph 2., including the sources and
108	amounts of all such funds.
109	4.  The name and address of, and office sought by, each
110	candidate to whom the committee has made a contribution during
111	the reporting period, together with the amount and date of each
112	contribution.
113	5.  The full name and address of each person to whom
114	expenditures have been made by or on behalf of the committee
115	within the reporting period; the amount, date, and purpose of
116	each such expenditure; and the name and address, and office
117	sought by, each candidate on whose behalf such expenditure was
118	made.
119	6.  The full name and address of each person to whom an
120	expenditure for personal services, salary, or reimbursement for
121	authorized expenses has been made, including the full name and
122	address of each entity to whom the person made payment for which
123	reimbursement was made by check drawn upon the committee
124	account, together with the amount and purpose of such payment.
125	7.  Transaction information from each credit card statement
126	that will be included in the next report following receipt
127	thereof by the committee. Receipts for each credit card purchase
128	shall be retained by the treasurer with the records for the
129	committee account.
130	8.6.  The total sum of expenditures made by the committee
131	during the reporting period.
132	Section 3.  Paragraph (a) of subsection (4) of section
133	106.07, Florida Statutes, is amended to read:
134	106.07  Reports; certification and filing.--
135	(4)(a)  Each report required by this section shall contain:
136	1.  The full name, address, and occupation, if any of each
137	person who has made one or more contributions to or for such
138	committee or candidate within the reporting period, together
139	with the amount and date of such contributions. For
140	corporations, the report must provide as clear a description as
141	practicable of the principal type of business conducted by the
142	corporation. However, if the contribution is $100 or less or is
143	from a relative, as defined in s. 112.312, provided that the
144	relationship is reported, the occupation of the contributor or
145	the principal type of business need not be listed.
146	2.  The name and address of each political committee from
147	which the reporting committee or the candidate received, or to
148	which the reporting committee or candidate made, any transfer of
149	funds, together with the amounts and dates of all transfers.
150	3.  Each loan for campaign purposes to or from any person
151	or political committee within the reporting period, together
152	with the full names, addresses, and occupations, and principal
153	places of business, if any, of the lender and endorsers, if any,
154	and the date and amount of such loans.
155	4.  A statement of each contribution, rebate, refund, or
156	other receipt not otherwise listed under subparagraphs 1.
157	through 3.
158	5.  The total sums of all loans, in-kind contributions, and
159	other receipts by or for such committee or candidate during the
160	reporting period. The reporting forms shall be designed to
161	elicit separate totals for in-kind contributions, loans, and
162	other receipts.
163	6.  The full name and address of each person to whom
164	expenditures have been made by or on behalf of the committee or
165	candidate within the reporting period; the amount, date, and
166	purpose of each such expenditure; and the name and address of,
167	and office sought by, each candidate on whose behalf such
168	expenditure was made. However, expenditures made from the petty
169	cash fund provided by s. 106.12 need not be reported
170	individually.
171	7.  The full name and address of each person to whom an
172	expenditure for personal services, salary, or reimbursement for
173	authorized expenses as provided in s. 106.021(3) has been made
174	and which is not otherwise reported, including the amount, date,
175	and purpose of such expenditure. However, expenditures made from
176	the petty cash fund provided for in s. 106.12 need not be
177	reported individually.
178	8.  The total amount withdrawn and the total amount spent
179	for petty cash purposes pursuant to this chapter during the
180	reporting period.
181	9.  The total sum of expenditures made by such committee or
182	candidate during the reporting period.
183	10.  The amount and nature of debts and obligations owed by
184	or to the committee or candidate, which relate to the conduct of
185	any political campaign.
186	11.  A copy of each credit card statement which shall be
187	included in the next report following receipt thereof by the
188	candidate or political committee. Receipts for each credit card
189	purchase shall be retained by the treasurer with the records for
190	the campaign account.
191	12.  The amount and nature of any separate interest-bearing
192	accounts or certificates of deposit and identification of the
193	financial institution in which such accounts or certificates of
194	deposit are located.
195	13.  The primary purposes of an expenditure made indirectly
196	through a campaign treasurer pursuant to s. 106.021(3) for goods
197	and services such as communications media placement or
198	procurement services, campaign signs, insurance, and other
199	expenditures that include multiple components as part of the
200	expenditure. The primary purpose of an expenditure shall be that
201	purpose, including integral and directly related components,
202	that comprises 80 percent of such expenditure.
203	14.  For any contribution received by a person who has made
204	or makes an expenditure for an electioneering communication,
205	which contribution was made by an entity organized under s. 527
206	of the Internal Revenue Code that is not currently registered
207	with or reporting to the Division of Elections, the following
208	additional information on its next required report following
209	receipt of such contribution:
210	a.  The name, address, and contact person of the s. 527
211	entity.
212	b.  The date the s. 527 entity was formed.
213	c.  A list of all contributions that exceed $10,000
214	received by the s. 527 entity since the date of the last general
215	election, and the name and address of each contributor,
216	including each single contributor that in the aggregate made
217	contributions exceeding $10,000 during the period.
218
219	The failure of a person to completely report the information
220	required in this subparagraph shall require a refund of such
221	contribution to the s. 527 entity.
222	Section 4.  Section 106.0701, Florida Statutes, is created
223	to read:
224	106.0701  Solicitation of contributions and disclosure;
225	registration.--
226	(1)(a)  The Governor, Lieutenant Governor, members of the
227	Cabinet, state legislators, or candidates for such offices who
228	directly or indirectly solicit, cause to be solicited, or accept
229	any contribution on behalf of an organization that is exempt
230	from taxation under s. 527 or s. 501(c)(4) of the Internal
231	Revenue Code, which such persons, in whole or in part,
232	establish, maintain, or control, shall immediately file a
233	statement with the Division of Elections. Such statement shall
234	contain the following information:
235	1.  The name of the person acting on behalf of the
236	organization.
237	2.  The name and type of the organization.
238	3.  A description of the relationship between the person
239	and the organization.
240	(b)  Upon registration with the Division of Elections, a
241	person subject to the requirements of paragraph (a) shall
242	promptly create a public website that contains a mission
243	statement and the names of persons associated with the
244	organization. The address of the website shall be reported to
245	the division within 5 business days after the website is
246	created.
247	(c)  All contributions received shall be disclosed on the
248	website within 5 business days after deposit, together with the
249	name, address, and occupation of the donor. All expenditures by
250	the organization shall be individually disclosed on the website
251	within 5 business days after being made.
252	(2)  The requirements of subsection (1) do not apply to a
253	person acting on behalf of his or her own campaign or a
254	political party of which the person is a member.
255	Section 5.  This act shall take effect on July 1, 2006.

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