Senate Bill sb2522

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    Florida Senate - 2007                                  SB 2522

    By Senator Justice





    16-586-07

  1                      A bill to be entitled

  2         An act relating to election reform; providing a

  3         short title; creating s. 106.0707, F.S.;

  4         prohibiting contributions to candidates or for

  5         or in opposition to issues by organizations

  6         exempt from tax under s. 527 of the Internal

  7         Revenue Code; prohibiting candidates for

  8         certain offices from soliciting money for or

  9         from such organizations; prohibiting such

10         candidates from accepting funds from such

11         organizations; providing penalties; providing

12         exceptions; amending s. 11.045, F.S.;

13         redefining the term "expenditure," for purposes

14         of lobbying before the Legislature, to exclude

15         contributions or expenditures made by such

16         organizations; amending ss. 106.0701, 106.08,

17         F.S., to conform; amending s. 112.3215, F.S.;

18         redefining the term "expenditure," for purposes

19         of lobbying before the executive branch or

20         Constitution Revision Commission, to exclude

21         contributions or expenditures made by such

22         organizations; providing an effective date.

23  

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

25  

26         Section 1.  This act may be cited as the "Clean Up

27  Florida Campaigns Act."

28         Section 2.  Section 106.0707, Florida Statutes, is

29  created to read:

30  

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    Florida Senate - 2007                                  SB 2522
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 1         106.0707  Certain organizations; participation in

 2  elections prohibited; solicitation or acceptance of funds

 3  prohibited; penalty.--

 4         (1)  An organization exempt from taxation under 26

 5  U.S.C. s. 527, regardless of whether it is organized under the

 6  laws of this state or any other state or political

 7  subdivision, may not make a contribution to any candidate for

 8  office, or on behalf of or in opposition to any issue, in this

 9  state. An organization violating this subsection is liable for

10  a civil fine of twice the amount contributed, to be imposed by

11  the Florida Elections Commission.

12         (2)(a)  A member of the Legislature, a candidate for

13  the Legislature, a holder of statewide office, or a candidate

14  for statewide office may not solicit funds from or on behalf

15  of an organization exempt from taxation under 26 U.S.C. s.

16  527. A person who violates this paragraph is liable for a

17  civil fine of twice the amount solicited, to be imposed by the

18  Florida Elections Commission.

19         (b)  A member of the Legislature, a candidate for the

20  Legislature, a holder of statewide office, or a candidate for

21  statewide office may not accept funds from an organization

22  exempt from taxation under 26 U.S.C. s. 527. A person who

23  violates this paragraph is liable for a civil fine of twice

24  the amount accepted, to be imposed by the Florida Elections

25  Commission.

26         (3)  This section does not apply to contributions made

27  to or accepted by, or to solicitations made by, members of or

28  candidates for the United States Senate or United States House

29  of Representatives.

30         Section 3.  Paragraph (d) of subsection (1) of section

31  11.045, Florida Statutes, is amended to read:

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    Florida Senate - 2007                                  SB 2522
    16-586-07




 1         11.045  Lobbying before the Legislature; registration

 2  and reporting; exemptions; penalties.--

 3         (1)  As used in this section, unless the context

 4  otherwise requires:

 5         (d)  "Expenditure" means a payment, distribution, loan,

 6  advance, reimbursement, deposit, or anything of value made by

 7  a lobbyist or principal for the purpose of lobbying. The term

 8  "expenditure" does not include contributions or expenditures

 9  reported pursuant to chapter 106 or federal election law,

10  campaign-related personal services provided without

11  compensation by individuals volunteering their time, any other

12  contribution or expenditure made by or to a political party,

13  or any other contribution or expenditure made by an

14  organization that is exempt from taxation under 26 U.S.C. s.

15  527 or s. 501(c)(4).

16         Section 4.  Section 106.0701, Florida Statutes, is

17  amended to read:

18         106.0701  Solicitation of contributions on behalf of s.

19  527 or s. 501(c)(4) organizations; reporting requirements;

20  civil penalty; exemption.--

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

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

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

24  accept any contribution on behalf of an organization that is

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

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

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

28  with the division within 5 days after commencing such activity

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

30  following information:

31  

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    Florida Senate - 2007                                  SB 2522
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 1         (a)  The name of the person acting on behalf of the

 2  organization.

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

 4         (c)  A description of the relationship between the

 5  person and the organization.

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

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

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

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

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

11  promptly create a public website that contains a mission

12  statement and the names of persons associated with the

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

14  the division within 5 business days after the website is

15  created.

16         (4)  All contributions received shall be disclosed on

17  the website within 5 business days after deposit, together

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

19  expenditures by the organization shall be individually

20  disclosed on the website within 5 business days after being

21  made.

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

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

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

25  member.

26         Section 5.  Paragraph (d) of subsection (5) of section

27  106.08, Florida Statutes, is amended to read:

28         106.08  Contributions; limitations on.--

29         (5)

30         (d)  An electioneering communications organization may

31  not accept a contribution from an organization exempt from

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    Florida Senate - 2007                                  SB 2522
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 1  taxation under s. 527 or s. 501(c)(4) of the Internal Revenue

 2  Code, other than a political committee, committee of

 3  continuous existence, or political party, unless the

 4  contributing organization has registered as if the

 5  organization were an electioneering communications

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

 7  finance reports required of electioneering communications

 8  organizations pursuant to ss. 106.07 and 106.0703.

 9         Section 6.  Paragraph (d) of subsection (1) of section

10  112.3215, Florida Statutes, is amended to read:

11         112.3215  Lobbying before the executive branch or the

12  Constitution Revision Commission; registration and reporting;

13  investigation by commission.--

14         (1)  For the purposes of this section:

15         (d)  "Expenditure" means a payment, distribution, loan,

16  advance, reimbursement, deposit, or anything of value made by

17  a lobbyist or principal for the purpose of lobbying. The term

18  "expenditure" does not include contributions or expenditures

19  reported pursuant to chapter 106 or federal election law,

20  campaign-related personal services provided without

21  compensation by individuals volunteering their time, any other

22  contribution or expenditure made by or to a political party,

23  or any other contribution or expenditure made by an

24  organization that is exempt from taxation under 26 U.S.C. s.

25  527 or s. 501(c)(4).

26         Section 7.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                  SB 2522
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Prohibits an organization exempt from taxation under s.
      527 of the Internal Revenue Code from making
 4    contributions to a candidate or on behalf of or in
      opposition to an issue. Prohibits members of or
 5    candidates for the Legislature or statewide office from
      accepting money from or soliciting money from or for such
 6    organizations. Provides for civil fines for violations.
      Exempts United States Senators or Congressmen and
 7    candidates for those offices from such prohibitions. (See
      bill for details.)
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