HB 393

1	A bill to be entitled
2	An act relating to campaign financing; amending s.
3	106.011, F.S.; revising definitions; amending s. 106.06,
4	F.S.; requiring electioneering communications
5	organizations to keep certain financial records; providing
6	for inspection and preservation of such financial records;
7	amending s. 106.07, F.S.; removing an exception to a
8	reporting requirement to list the occupation of certain
9	contributors; specifying additional reporting requirements
10	for electioneering communications organizations and
11	political committees; amending s. 106.071, F.S.;
12	prohibiting certain political party committees from making
13	expenditures for electioneering communications; amending
14	s. 106.08, F.S.; providing prohibitions relating to
15	contributions to electioneering communications
16	organizations to which penalties apply; amending s.
17	106.087, F.S.; deleting restrictions and fines on
18	political committees and committees of continuous
19	existence relating to independent expenditures; amending
20	s. 106.12, F.S.; correcting a cross-reference; amending s.
21	106.143, F.S.; providing additional requirements relating
22	to certain radio and television political advertisements;
23	amending s. 106.1439, F.S.; revising the disclaimer
24	required in electioneering communications; amending s.
25	106.147, F.S.; revising the disclosure statement
26	requirements for certain telephone solicitations; amending
27	s. 106.15, F.S.; prohibiting candidates from knowingly
28	using the services of certain public employees under
29	specified circumstances; amending s. 106.19, F.S.;
30	revising a ground for punishment of candidates, persons
31	connected with campaigns, and committees relating to
32	contribution acceptance in excess of proscribed limits;
33	amending s. 106.295, F.S.; providing for the disposal of
34	all leadership funds existing on a certain date; amending
35	s. 106.33, F.S.; correcting a cross-reference; amending s.
36	106.34, F.S.; deleting an obsolete reference; amending s.
37	106.35, F.S.; revising a provision relating to qualifying
38	matching contributions under the Florida Election Campaign
39	Financing Act; requiring candidates who receive funds
40	under the act, or their political parties, to return such
41	funds under specified circumstances; repealing s. 106.191,
42	F.S., relating to signatures gathered for initiative
43	petitions; providing an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  Subsections (6) through (19) of section
48	106.011, Florida Statutes, are renumbered as subsections (7)
49	through (20), respectively, and paragraph (b) of subsection (1),
50	paragraph (a) of subsection (4), and subsections (5), (13),
51	(17), and (18) are amended to read:
52	106.011  Definitions.--As used in this chapter, the
53	following terms have the following meanings unless the context
54	clearly indicates otherwise:
55	(1)
56	(b)  Notwithstanding paragraph (a), the following entities
57	are not considered political committees for purposes of this
58	chapter:
59	1.  Organizations which are certified by the Department of
60	State as committees of continuous existence pursuant to s.
61	106.04, national political parties, and the state and county
62	executive committees of political parties regulated by chapter
63	103.
64	2.  Corporations regulated by chapter 607 or chapter 617 or
65	other business entities formed for purposes other than to
66	support or oppose issues or candidates, if their political
67	activities are limited to contributions to candidates, political
68	parties, or political committees or expenditures in support of
69	or opposition to an issue from corporate or business funds and
70	if no contributions are received by such corporations or
71	business entities.
72	3.  Electioneering communications organizations as defined
73	in subsection (20) (19); however, such organizations shall be
74	required to register with and report expenditures and
75	contributions, including contributions received from committees
76	of continuous existence, to the Division of Elections in the
77	same manner, at the same time, and subject to the same penalties
78	as a political committee supporting or opposing an issue or a
79	legislative candidate, except as otherwise specifically provided
80	in this chapter.
81	(4)(a)  "Expenditure" means a purchase, payment,
82	distribution, loan, advance, transfer of funds by a campaign
83	treasurer or deputy campaign treasurer between a primary
84	depository and a separate interest-bearing account or
85	certificate of deposit, or gift of money or anything of value
86	made for the purpose of influencing the results of an election
87	or making an electioneering communication. However,
88	"expenditure" does not include a purchase, payment,
89	distribution, loan, advance, or gift of money or anything of
90	value made for the purpose of influencing the results of an
91	election when made by an organization, in existence prior to the
92	time during which a candidate qualifies or an issue is placed on
93	the ballot for that election, for the purpose of communicating
94	printing or distributing such organization's newsletter,
95	containing a statement by such organization in support of or
96	opposition to a candidate or issue, which newsletter is
97	distributed only to members of such organization.
98	(5)(a)  "Independent expenditure" means an expenditure by a
99	person for the purpose of expressly advocating the election or
100	defeat of a candidate or the approval or rejection of an issue,
101	which expenditure is not controlled by, coordinated with, or
102	made upon consultation with, any candidate, political committee,
103	or agent of such candidate or committee. An expenditure for such
104	purpose by a person having a contract with the candidate,
105	political committee, or agent of such candidate or committee in
106	a given election period shall not be deemed an independent
107	expenditure.
108	(6)(b)  "Coordinated expenditure" means an expenditure for
109	the purpose of expressly advocating the election or defeat of a
110	candidate, or for an electioneering communication, which is made
111	by the national, state, or county executive committee of a
112	political party, including any subordinate committee of a
113	national, state, or county committee of a political party, or by
114	any political committee, or committee of continuous existence,
115	or electioneering communications organization, or any other
116	person, shall not be considered an independent expenditure if
117	the committee, organization, or person:
118	1.  Communicates with the candidate, the candidate's
119	campaign, the national, state, or county executive committee of
120	a political party, including any subordinate committee of a
121	national, state, or county committee of a political party under
122	which the candidate is a registered elector thereof, or an agent
123	of the candidate acting on behalf of the candidate, including
124	any pollster, media consultant, advertising agency, vendor,
125	advisor, or staff member, concerning the preparation of, use of,
126	or payment for, the specific expenditure or advertising campaign
127	at issue; or
128	2.  Makes a payment in cooperation, consultation, or
129	concert with, at the request or suggestion of, or pursuant to
130	any general or particular understanding with the candidate, the
131	candidate's campaign, a political committee supporting the
132	candidate, the national, state, or county executive committee of
133	a political party, including any subordinate committee of a
134	national, state, or county committee of a political party under
135	which the candidate is a registered elector thereof, or an agent
136	of the candidate relating to the specific expenditure or
137	advertising campaign at issue; or
138	3.  Makes a payment for the dissemination, distribution, or
139	republication, in whole or in part, of any broadcast or any
140	written, graphic, or other form of campaign material prepared by
141	the candidate;, the candidate's campaign;, the national, state,
142	or county executive committee of a political party, including
143	any subordinate committee of a national, state, or county
144	committee of a political party under which the candidate is a
145	registered elector thereof; or an agent of the candidate,
146	including any pollster, media consultant, advertising agency,
147	vendor, advisor, or staff member; or
148	4.  Makes a payment based on information about the
149	candidate's plans, projects, or needs communicated to a member
150	of the committee or person by the candidate or an agent of the
151	candidate, provided the committee or person uses the information
152	in any way, in whole or in part, either directly or indirectly,
153	to design, prepare, or pay for the specific expenditure or
154	advertising campaign at issue; or
155	5.  After the last day of qualifying for statewide or
156	legislative office, Consults about the candidate's plans,
157	projects, or needs in connection with the candidate's pursuit of
158	election to office and the information is used in any way to
159	plan, create, design, or prepare an independent expenditure or
160	advertising campaign, with:
161	a.  Any officer, director, employee, or agent of a
162	national, state, or county executive committee of a political
163	party that has made or intends to make expenditures in
164	connection with or contributions to the candidate; or
165	b.  Any person whose professional services have been
166	retained by a national, state, or county executive committee of
167	a political party that has made or intends to make expenditures
168	in connection with or contributions to the candidate; or
169	6.  After the last day of qualifying for statewide or
170	legislative office, Retains the professional services of any
171	person also providing those services to the candidate in
172	connection with the candidate's pursuit of election to office;
173	or
174	7.  Arranges, coordinates, or directs the expenditure, in
175	any way, with the candidate or an agent of the candidate.
176	(14)(13)  "Communications media" means broadcasting
177	stations, newspapers, magazines, outdoor advertising facilities,
178	printers, direct mail, advertising agencies, the Internet, and
179	telephone companies; but with respect to telephones, an
180	expenditure shall be deemed to be an expenditure for the use of
181	communications media only if made for the costs of telephones,
182	paid telephonists, or automatic telephone equipment to be used
183	by a candidate or a political committee to communicate with
184	potential voters but excluding any costs of telephones incurred
185	by a volunteer for use of telephones by such volunteer; however,
186	with respect to the Internet, an expenditure shall be deemed an
187	expenditure for use of communications media only if made for the
188	cost of creating or disseminating a message on a computer
189	information system accessible by more than one person but
190	excluding internal communications of a campaign or of any group.
191	(18)(17)  "Political advertisement" means a paid expression
192	in any communications media prescribed in subsection (14) (13),
193	whether radio, television, newspaper, magazine, periodical,
194	campaign literature, direct mail, or display or by means other
195	than the spoken word in direct conversation, which expressly
196	advocates the election or defeat of a candidate or the approval
197	or rejection of an issue. However, political advertisement does
198	not include:
199	(a)  A statement or depiction by an organization, in
200	existence prior to the time during which a candidate qualifies
201	or an issue is placed on the ballot for that election, in
202	support of or opposition to a candidate or issue, made in that
203	organization's newsletter, which newsletter is distributed only
204	to the members of that organization.
205	(b)  Editorial endorsements by any newspaper, radio or
206	television station, or other recognized news medium.
207	(19)(18)(a)  "Electioneering communication" means a paid
208	expression in any communications media prescribed in subsection
209	(14) (13) by means other than the spoken word in direct
210	conversation that:
211	1.  Refers to or depicts a clearly identified candidate for
212	office or contains a clear reference indicating that an issue is
213	to be voted on at an election, without expressly advocating the
214	election or defeat of a candidate or the passage or defeat of an
215	issue.
216	2.  For communications referring to or depicting a clearly
217	identified candidate for office, is targeted to the relevant
218	electorate. A communication is considered targeted if 1,000 or
219	more persons in the geographic area the candidate would
220	represent if elected will receive the communication.
221	3.  For communications containing a clear reference
222	indicating that an issue is to be voted on at an election, is
223	published after the issue is designated a ballot position or 120
224	days before the date of the election on the issue, whichever
225	occurs first.
226	(b)  The term "electioneering communication" does not
227	include:
228	1.  A statement or depiction by an organization, in
229	existence prior to the time during which a candidate named or
230	depicted qualifies or an issue identified is placed on the
231	ballot for that election, made in that organization's
232	newsletter, which newsletter is distributed only to members of
233	that organization.
234	2.  An editorial endorsement, news story, commentary, or
235	editorial by any newspaper, radio, television station, or other
236	recognized news medium.
237	3.  A communication that constitutes a public debate or
238	forum that includes at least two opposing candidates for an
239	office or one advocate and one opponent of an issue, or that
240	solely promotes such a debate or forum and is made by or on
241	behalf of the person sponsoring the debate or forum, provided
242	that:
243	a.  The staging organization is either:
244	(I)  A charitable organization that does not make other
245	electioneering communications and does not otherwise support or
246	oppose any political candidate or political party; or
247	(II)  A newspaper, radio station, television station, or
248	other recognized news medium; and
249	b.  The staging organization does not structure the debate
250	to promote or advance one candidate or issue position over
251	another.
252	(c)  For purposes of this chapter, an expenditure made for,
253	or in furtherance of, an electioneering communication shall not
254	be considered a contribution to or on behalf of any candidate.
255	(d)  For purposes of this chapter, an electioneering
256	communication shall not constitute an independent expenditure
257	nor be subject to the limitations applicable to independent
258	expenditures.
259	Section 2.  Section 106.06, Florida Statutes, is amended to
260	read:
261	106.06  Treasurer to keep records; inspections.--
262	(1)  The campaign treasurer of each candidate and the
263	campaign treasurer of each political committee and each
264	electioneering communications organization shall keep detailed
265	accounts, current within not more than 2 days after the date of
266	receiving a contribution or making an expenditure, of all
267	contributions received and all expenditures made by or on behalf
268	of the candidate, or political committee, or organization that
269	are required to be set forth in a statement filed under this
270	chapter. The campaign treasurer or organization shall also keep
271	detailed accounts of all deposits made in any separate interest-
272	bearing account or certificate of deposit and of all withdrawals
273	made therefrom to the primary depository and of all interest
274	earned thereon.
275	(2)  Accounts, including separate interest-bearing accounts
276	and certificates of deposit, kept by the campaign treasurer of a
277	candidate or political committee or by an electioneering
278	communications organization may be inspected under reasonable
279	circumstances before, during, or after the election to which the
280	accounts refer by any authorized representative of the Division
281	of Elections or the Florida Elections Commission. The right of
282	inspection may be enforced by appropriate writ issued by any
283	court of competent jurisdiction. The campaign treasurer of a
284	political committee supporting a candidate may be joined with
285	the campaign treasurer of the candidate as respondent in such a
286	proceeding.
287	(3)  Accounts kept by a campaign treasurer of a candidate
288	shall be preserved by the campaign treasurer for a number of
289	years equal to the term of office of the office to which the
290	candidate seeks election. Accounts kept by a campaign treasurer
291	of a political committee or by an electioneering communications
292	organization shall be preserved by such treasurer for at least 2
293	years after the date of the election to which the accounts
294	refer.
295	Section 3.  Subsection (4) of section 106.07, Florida
296	Statutes, is amended to read:
297	106.07  Reports; certification and filing.--
298	(4)(a)  Each report required by this section shall contain:
299	1.  The full name, address, and occupation, if any, of each
300	person who has made one or more contributions to or for such
301	committee or candidate within the reporting period, together
302	with the amount and date of such contributions. For
303	corporations, the report must provide as clear a description as
304	practicable of the principal type of business conducted by the
305	corporation. However, if the contribution is $100 or less or is
306	from a relative, as defined in s. 112.312, provided that the
307	relationship is reported, the occupation of the contributor or
308	the principal type of business need not be listed.
309	2.  The name and address of each political committee from
310	which the reporting committee or the candidate received, or to
311	which the reporting committee or candidate made, any transfer of
312	funds, together with the amounts and dates of all transfers.
313	3.  Each loan for campaign purposes to or from any person
314	or political committee within the reporting period, together
315	with the full names, addresses, and occupations, and principal
316	places of business, if any, of the lender and endorsers, if any,
317	and the date and amount of such loans.
318	4.  A statement of each contribution, rebate, refund, or
319	other receipt not otherwise listed under subparagraphs 1.
320	through 3.
321	5.  The total sums of all loans, in-kind contributions, and
322	other receipts by or for such committee or candidate during the
323	reporting period. The reporting forms shall be designed to
324	elicit separate totals for in-kind contributions, loans, and
325	other receipts.
326	6.  The full name and address of each person to whom
327	expenditures have been made by or on behalf of the committee or
328	candidate within the reporting period; the amount, date, and
329	purpose of each such expenditure; and the name and address of,
330	and office sought by, each candidate on whose behalf such
331	expenditure was made. However, expenditures made from the petty
332	cash fund provided by s. 106.12 need not be reported
333	individually.
334	7.  The full name and address of each person to whom an
335	expenditure for personal services, salary, or reimbursement for
336	authorized expenses as provided in s. 106.021(3) has been made
337	and which is not otherwise reported, including the amount, date,
338	and purpose of such expenditure. However, expenditures made from
339	the petty cash fund provided for in s. 106.12 need not be
340	reported individually.
341	8.  The total amount withdrawn and the total amount spent
342	for petty cash purposes pursuant to this chapter during the
343	reporting period.
344	9.  The total sum of expenditures made by such committee or
345	candidate during the reporting period.
346	10.  The amount and nature of debts and obligations owed by
347	or to the committee or candidate, which relate to the conduct of
348	any political campaign.
349	11.  A copy of each credit card statement which shall be
350	included in the next report following receipt thereof by the
351	candidate or political committee. Receipts for each credit card
352	purchase shall be retained by the treasurer with the records for
353	the campaign account.
354	12.  The amount and nature of any separate interest-bearing
355	accounts or certificates of deposit and identification of the
356	financial institution in which such accounts or certificates of
357	deposit are located.
358	13.  The primary purposes of an expenditure made indirectly
359	through a campaign treasurer pursuant to s. 106.021(3) for goods
360	and services such as communications media placement or
361	procurement services, campaign signs, insurance, and other
362	expenditures that include multiple components as part of the
363	expenditure. The primary purpose of an expenditure shall be that
364	purpose, including integral and directly related components,
365	that comprises 80 percent of such expenditure.
366	(b)  In addition to the requirements of paragraph (a):
367	1.  Each political committee or electioneering
368	communications organization report shall also include the name
369	of the candidate on whose behalf the expenditure was made, if
370	any expenditure was made to or for any communications media that
371	depicted a candidate or a candidate's opponent in either a
372	primary or general election. If the communication depicted more
373	than one candidate, the expenditure shall be divided evenly
374	among the depicted candidates.
375	2.  Each electioneering communications organization report
376	shall also include a certification of whether the expenditure
377	was coordinated as defined by s. 106.011(6), if an
378	electioneering communications organization made any expenditure.
379	(c)(b)  The filing officer shall make available to any
380	candidate or committee a reporting form which the candidate or
381	committee may use to indicate contributions received by the
382	candidate or committee but returned to the contributor before
383	deposit.
384	Section 4.  Subsection (5) is added to section 106.071,
385	Florida Statutes, is amended to read:
386	106.071  Independent expenditures; expenditures;
387	electioneering communications; reports; disclaimers.--
388	(5)  A national, state, or county executive committee of a
389	political party, including any subordinate committee of a
390	national, state, or county committee of a political party, may
391	not make expenditures for an electioneering communication.
392	Section 5.  Paragraph (c) of subsection (1) of section
393	106.08, Florida Statutes, is amended, paragraph (d) is added to
394	that subsection, and paragraph (e) is added to subsection (5) of
395	that section, to read:
396	106.08  Contributions; limitations on.--
397	(1)
398	(c)  The contribution limits of this subsection apply to
399	each election. For purposes of this subsection, the primary
400	election and general election are separate elections so long as
401	the candidate is not an unopposed candidate as defined in s.
402	106.011(16)(15). However, for the purpose of contribution limits
403	with respect to candidates for retention as a justice or judge,
404	there is only one election, which is the general election.
405	(d)  No person, political committee, or committee of
406	continuous existence may, in any election, make contributions in
407	excess of $5,000 to an electioneering communications
408	organization that makes any coordinated expenditure as defined
409	by s. 106.011(6). For purposes of this subsection, the primary
410	election and general election are not separate elections.
411	(5)
412	(e)  An electioneering communications organization may not
413	accept a contribution from any other electioneering
414	communications organization.
415	Section 6.  Section 106.087, Florida Statutes, is amended
416	to read:
417	106.087  Independent expenditures; contribution limits;
418	restrictions on political parties and, political committees, and
419	committees of continuous existence.--
420	(1)(a)  As a condition of receiving a rebate of filing fees
421	and party assessment funds pursuant to s. 99.061(2), s.
422	99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
423	treasurer of a state or county executive committee shall take
424	and subscribe to an oath or affirmation in writing. During the
425	qualifying period for state candidates and prior to distribution
426	of such funds, a printed copy of the oath or affirmation shall
427	be filed with the Secretary of State and shall be substantially
428	in the following form:
429
430	State of Florida
431	County of_____
432	Before me, an officer authorized to administer oaths,
433	personally appeared   (name)  , to me well known, who, being
434	sworn, says that he or she is the   (title)   of the   (name of
435	party)     (state or specified county)   executive committee;
436	that the executive committee has not made, either directly or
437	indirectly, an independent expenditure in support of or
438	opposition to a candidate or elected public official in the
439	prior 6 months; that the executive committee will not make,
440	either directly or indirectly, an independent expenditure in
441	support of or opposition to a candidate or elected public
442	official, through and including the upcoming general election;
443	and that the executive committee will not violate the
444	contribution limits applicable to candidates under s. 106.08(2),
445	Florida Statutes.
446	(Signature of committee officer)
447	(Address)
448
449	Sworn to and subscribed before me this _____ day of _____,
450	(year)  , at _____ County, Florida.
451	(Signature and title of officer administering oath)
452	(2)(b)  Any executive committee found to have violated the
453	provisions of the oath or affirmation in this section prior to
454	receiving funds shall be ineligible to receive the rebate for
455	that general election year.
456	(3)(c)  Any executive committee found to have violated the
457	provisions of the oath or affirmation in this section after
458	receiving funds shall be ineligible to receive the rebate from
459	candidates qualifying for the following general election cycle.
460	(4)(d)  Any funds not distributed to the state or county
461	executive committee pursuant to this section shall be deposited
462	into the General Revenue Fund of the state.
463	(2)(a)  Any political committee or committee of continuous
464	existence that accepts the use of public funds, equipment,
465	personnel, or other resources to collect dues from its members
466	agrees not to make independent expenditures in support of or
467	opposition to a candidate or elected public official. However,
468	expenditures may be made for the sole purpose of jointly
469	endorsing three or more candidates.
470	(b)  Any political committee or committee of continuous
471	existence that violates this subsection is liable for a civil
472	fine of up to $5,000 to be determined by the Florida Elections
473	Commission or the entire amount of the expenditures, whichever
474	is greater.
475	Section 7.  Subsection (3) of section 106.12, Florida
476	Statutes, is amended to read:
477	106.12  Petty cash funds allowed.--
478	(3)  The petty cash fund so provided shall be spent only in
479	amounts less than $100 and only for office supplies,
480	transportation expenses, and other necessities. Petty cash shall
481	not be used for the purchase of time, space, or services from
482	communications media as defined in s. 106.011(14)(13).
483	Section 8.  Subsection (4) of section 106.143, Florida
484	Statutes, is amended to read:
485	106.143  Political advertisements circulated prior to
486	election; requirements.--
487	(4)(a)  Any political advertisement, including those paid
488	for by a political party, other than an independent expenditure,
489	offered by or on behalf of a candidate must be approved in
490	advance by the candidate. Such political advertisement must
491	expressly state that the content of the advertisement was
492	approved by the candidate and must state who paid for the
493	advertisement. The candidate shall provide a written statement
494	of authorization to the newspaper, radio station, television
495	station, or other medium for each such advertisement submitted
496	for publication, display, broadcast, or other distribution.
497	(b)  Any person who makes an independent expenditure for a
498	political advertisement shall provide a written statement that
499	no candidate has approved the advertisement to the newspaper,
500	radio station, television station, or other medium for each such
501	advertisement submitted for publication, display, broadcast, or
502	other distribution. The advertisement must also contain a
503	statement that no candidate has approved the advertisement.
504	(c)  Any radio political advertisement paid for by a
505	political party and approved by the candidate, including any
506	such advertisement that references or depicts the candidate's
507	opponent, must contain a disclaimer recorded by the candidate
508	that approved the content of the advertisement, which states:
509	"This is (name of candidate), (party affiliation), for (office
510	sought), and I approve this message paid for by (political party
511	or committee paying for advertisement)".
512	(d)  Any television political advertisement paid for by a
513	political party and approved by the candidate, including any
514	such advertisement that references or depicts the candidate's
515	opponent, must contain the same recorded disclaimer as required
516	by paragraph (c) except that the candidate must appear on the
517	screen while the disclaimer is read.
518	(e)(c)  This subsection does not apply to campaign messages
519	used by a candidate and his or her supporters if those messages
520	are designed to be worn by a person.
521	Section 9.  Section 106.1439, Florida Statutes, is amended
522	to read:
523	106.1439  Electioneering communications; disclaimers.--
524	(1)  Any electioneering communication shall prominently
525	state: "Paid electioneering communication paid for by   (Name
526	and address of person paying for the communication)   , an
527	organization funded by [the top three contributors as described
528	in s. 106.1439(2)]."
529	(2)  Any electioneering communication shall prominently
530	state in the disclaimer the names of the top three contributors
531	to the electioneering communications organization during the 12
532	months preceding the date on which the electioneering
533	communication is printed or disseminated.
534	(3)(2)  Any person who fails to include the disclaimer
535	prescribed in this section in any electioneering communication
536	that is required to contain such disclaimer commits a
537	misdemeanor of the first degree, punishable as provided in s.
538	775.082 or s. 775.083.
539	Section 10.  Paragraph (a) of subsection (1) of section
540	106.147, Florida Statutes, is amended to read:
541	106.147  Telephone solicitation; disclosure requirements;
542	prohibitions; exemptions; penalties.--
543	(1)(a)  Any telephone call supporting or opposing a
544	candidate, elected public official, or ballot proposal must
545	identify the persons or organizations sponsoring the call by
546	stating at the beginning of the call either: "The following is a
547	paid telephone call paid for by_____" (insert name of persons or
548	organizations sponsoring the call) or "paid for on behalf
549	of_____" (insert name of persons or organizations authorizing
550	call). This paragraph does not apply to any telephone call in
551	which both the individual making the call is not being paid and
552	the individuals participating in the call know each other prior
553	to the call.
554	Section 11.  Subsection (3) of section 106.15, Florida
555	Statutes, is amended to read:
556	106.15  Certain acts prohibited.--
557	(3)  A candidate may not, in the furtherance of his or her
558	candidacy for nomination or election to public office in any
559	election, knowingly use the services of any state, county,
560	municipal, or district officer or employee during working hours.
561	Section 12.  Paragraph (a) of subsection (1) of section
562	106.19, Florida Statutes, is amended to read:
563	106.19  Violations by candidates, persons connected with
564	campaigns, and political committees.--
565	(1)  Any candidate; campaign manager, campaign treasurer,
566	or deputy treasurer of any candidate; committee chair, vice
567	chair, campaign treasurer, deputy treasurer, or other officer of
568	any political committee; agent or person acting on behalf of any
569	candidate or political committee; or other person who knowingly
570	and willfully:
571	(a)  Accepts a contribution in excess of the limits
572	prescribed by s. 106.08 and does not return the amount by which
573	the contribution exceeds the limits set forth in s. 106.08
574	within 48 hours;
575
576	is guilty of a misdemeanor of the first degree, punishable as
577	provided in s. 775.082 or s. 775.083.
578	Section 13.  Subsection (3) of section 106.295, Florida
579	Statutes, is amended to read:
580	106.295  Leadership fund.--
581	(3)  This section applies to all leadership funds in
582	existence on or after July 1, 2006. Any leadership fund in
583	existence on July 1, 2006, shall dispose of all funds by
584	relinquishing control over how the funds are designated by the
585	political party or after January 1, 1990.
586	Section 14.  Section 106.33, Florida Statutes, is amended
587	to read:
588	106.33  Election campaign financing; eligibility.--Each
589	candidate for the office of Governor or member of the Cabinet
590	who desires to receive contributions from the Election Campaign
591	Financing Trust Fund shall, upon qualifying for office, file a
592	request for such contributions with the filing officer on forms
593	provided by the Division of Elections. If a candidate requesting
594	contributions from the fund desires to have such funds
595	distributed by electronic fund transfers, the request shall
596	include information necessary to implement that procedure. For
597	the purposes of ss. 106.30-106.36, candidates for Governor and
598	Lieutenant Governor on the same ticket shall be considered as a
599	single candidate. To be eligible to receive contributions from
600	the fund, a candidate may not be an unopposed candidate as
601	defined in s. 106.011(16)(15) and must:
602	(1)  Agree to abide by the expenditure limits provided in
603	s. 106.34.
604	(2)(a)  Raise contributions as follows:
605	1.  One hundred fifty thousand dollars for a candidate for
606	Governor.
607	2.  One hundred thousand dollars for a candidate for
608	Cabinet office.
609	(b)  Contributions from individuals who at the time of
610	contributing are not state residents may not be used to meet the
611	threshold amounts in paragraph (a). For purposes of this
612	paragraph, any person validly registered to vote in this state
613	shall be considered a state resident.
614	(3)  Limit loans or contributions from the candidate's
615	personal funds to $25,000 and contributions from national,
616	state, and county executive committees of a political party to
617	$250,000 in the aggregate, which loans or contributions shall
618	not qualify for meeting the threshold amounts in subsection (2).
619	(4)  Submit to a postelection audit of the campaign account
620	by the division.
621	Section 15.  Subsection (3) of section 106.34, Florida
622	Statutes, is amended to read:
623	106.34  Expenditure limits.--
624	(3)  For purposes of this section, "Florida-registered
625	voter" means a voter who is registered to vote in Florida as of
626	June 30 of each odd-numbered year. The Division of Elections
627	shall certify the total number of Florida-registered voters no
628	later than July 31 of each odd-numbered year. Such total number
629	shall be calculated by adding the number of registered voters in
630	each county as of June 30 in the year of the certification date.
631	For the 2006 general election, the Division of Elections shall
632	certify the total number of Florida-registered voters by July
633	31, 2005.
634	Section 16.  Paragraph (b) of subsection (2) of section
635	106.35, Florida Statutes, is amended, and subsection (6) is
636	added to that section, to read:
637	106.35  Distribution of funds.--
638	(2)
639	(b)  Qualifying matching contributions are those of $250 or
640	less from an individual, made after September 1 of the calendar
641	year prior to the election. Any contribution received from an
642	individual who is not a state resident at the time the
643	contribution is made shall not be considered a qualifying
644	matching contribution. For purposes of this paragraph, any
645	person validly registered to vote in this state shall be
646	considered a state resident. Aggregate contributions from an
647	individual in excess of $250 will be matched only up to $250. A
648	contribution from an individual, if made by check, must be drawn
649	on the personal bank account of the individual making the
650	contribution, as opposed to any form of business account,
651	regardless of whether the business account is for a corporation,
652	partnership, sole proprietorship, trust, or other form of
653	business arrangement. For contributions made by check from a
654	personal joint account, the match shall only be for the
655	individual who actually signs the check.
656	(6)  Any candidate who receives funds under the Florida
657	Election Campaign Financing Act shall return such funds to the
658	General Revenue Fund as follows:
659	(a)  During a primary election, a candidate who expends
660	funds on any political advertisement that depicts, shows, or
661	references the candidate's opponent in the primary or general
662	election shall return to the General Revenue Fund an amount
663	equal to the amount of such expenditure. In no case shall the
664	candidate be required to return to the General Revenue Fund more
665	than the candidate received under the act.
666	(b)  During a general election, a candidate, or the
667	political party of which the candidate is the nominee, who
668	expends funds on any political advertisement that depicts,
669	shows, or references the candidate's opponent in the general
670	election shall return to the General Revenue Fund an amount
671	equal to the amount of such expenditure. If the expenditure is
672	more than the candidate received under the act, then the
673	political party of which the candidate is the nominee shall
674	return such funds.
675	Section 17.  Section 106.191, Florida Statutes, is
676	repealed.
677	Section 18.  This act shall take effect July 1, 2007.

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