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Senator Siplin moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 620-801

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and insert:

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     Section 7.  Section 106.071, Florida Statutes, is amended to

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read:

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     106.071  Independent expenditures; electioneering

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communications; reports; disclaimers.--

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     (1)  Each person who makes an independent expenditure with

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respect to any candidate or issue, and each individual who makes

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an expenditure for an electioneering communication which is not

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otherwise reported pursuant to this chapter, which expenditure,

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in the aggregate, is in the amount of $100 or more, shall file

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periodic reports of such expenditures in the same manner, at the

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

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officer as a political committee supporting or opposing such

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candidate or issue. The report shall contain the full name and

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address of the person making the expenditure; the full name and

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address of each person to whom and for whom each such expenditure

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has been made; the amount, date, and purpose of each such

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expenditure; a description of the services or goods obtained by

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each such expenditure; the issue to which the expenditure

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relates; and the name and address of, and office sought by, each

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candidate on whose behalf such expenditure was made.

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     (2)  Any political advertisement paid for by an independent

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expenditure shall prominently state "Paid political advertisement

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paid for by   (Name and address of person paying for

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advertisement)   independently of any   (candidate or committee)

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."

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     (3)  Subsection (2) does not apply to novelty items having a

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retail value of $10 or less which support, but do not oppose, a

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candidate or issue.

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     (4) Any person who fails to include the disclaimer

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prescribed in subsection (2) in any political advertisement that

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is required to contain such disclaimer commits a misdemeanor of

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the first degree, punishable as provided in s. 775.082 or s.

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775.083.

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     Section 8.  Subsection (3) and paragraph (b) of subsection

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(6) of section 106.08, Florida Statutes, are amended to read:

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     106.08  Contributions; limitations on.--

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     (3)(a)  Any contribution received by a candidate with

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opposition in an election or by the campaign treasurer or a

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deputy campaign treasurer of such a candidate on the day of that

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election or less than 5 days prior to the day of that election

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must be returned by him or her to the person or committee

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contributing it and may not be used or expended by or on behalf

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of the candidate.

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     (b) Except as otherwise provided in paragraph (c), Any

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contribution received by a candidate or by the campaign treasurer

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or a deputy campaign treasurer of a candidate after the date at

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which the candidate withdraws his or her candidacy, or after the

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date the candidate is defeated, becomes unopposed, or is elected

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to office, must be returned to the person or committee

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contributing it and may not be used or expended by or on behalf

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of the candidate.

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     (c) With respect to any campaign for an office in which an

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independent or minor party candidate has filed as required in s.

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99.0955 or s. 99.096, but whose qualification is pending a

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determination by the Department of State or supervisor of

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elections as to whether or not the required number of petition

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signatures was obtained:

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     1. The department or supervisor shall, no later than 3 days

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after that determination has been made, notify in writing all

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other candidates for that office of that determination.

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     2. Any contribution received by a candidate or the campaign

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treasurer or deputy campaign treasurer of a candidate after the

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candidate has been notified in writing by the department or

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supervisor that he or she has become unopposed as a result of an

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independent or minor party candidate failing to obtain the

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required number of petition signatures shall be returned to the

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person, political committee, or committee of continuous existence

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contributing it and shall not be used or expended by or on behalf

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of the candidate.

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     (6)

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     (b)1.  A political party may not accept any in-kind

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contribution that fails to provide a direct benefit to the

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political party. A "direct benefit" includes, but is not limited

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to, fundraising or furthering the objectives of the political

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party.

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     2.a.  An in-kind contribution to a state political party may

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be accepted only by the chairperson of the state political party

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or by the chairperson's designee or designees whose names are on

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file with the division in a form acceptable to the division prior

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to the date of the written notice required in sub-subparagraph b.

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An in-kind contribution to a county political party may be

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accepted only by the chairperson of the county political party or

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by the county chairperson's designee or designees whose names are

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on file with the supervisor of elections of the respective county

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prior to the date of the written notice required in sub-

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subparagraph b.

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     b.  A person making an in-kind contribution to a state

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political party or county political party must provide prior

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written notice of the contribution to a person described in sub-

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subparagraph a. The prior written notice must be signed and dated

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and may be provided by an electronic or facsimile message.

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However, prior written notice is not required for an in-kind

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contribution that consists of food and beverage in an aggregate

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amount not exceeding $1,500 which is consumed at a single sitting

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or event if such in-kind contribution is accepted in advance by a

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person specified in sub-subparagraph a.

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     c.  A person described in sub-subparagraph a. may accept an

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in-kind contribution requiring prior written notice only in a

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writing that is signed and dated before the in-kind contribution

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is made. Failure to obtain the required written acceptance of an

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in-kind contribution to a state or county political party

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constitutes a refusal of the contribution.

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     d.  A copy of each prior written acceptance required under

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sub-subparagraph c. must be filed with the division for a state

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executive committee, or with the supervisor of elections for a

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county executive committee, at the time the regular reports of

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contributions and expenditures required under s. 106.29 are filed

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by the state executive committee and county executive committee.

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     e.  An in-kind contribution may not be given to a state or

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county political party unless the in-kind contribution is made as

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provided in this subparagraph.

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     Section 9.  Paragraph (b) of subsection (1) and paragraph

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(a) of subsection (2) of section 106.11, Florida Statutes, are

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amended to read:

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     106.11  Expenses of and expenditures by candidates and

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political committees.--Each candidate and each political

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committee which designates a primary campaign depository pursuant

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to s. 106.021(1) shall make expenditures from funds on deposit in

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such primary campaign depository only in the following manner,

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with the exception of expenditures made from petty cash funds

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provided by s. 106.12:

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     (1)

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     (b)  The checks for such account shall contain, as a

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minimum, the following information:

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     1. The statement "Campaign Account of (Name of candidate or

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political committee) Campaign Account."

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     2.  The account number and the name of the bank.

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     3.  The exact amount of the expenditure.

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     4.  The signature of the campaign treasurer or deputy

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treasurer.

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     5.  The exact purpose for which the expenditure is

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authorized.

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     6.  The name of the payee.

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     (2)(a)  For purposes of this section, debit cards are

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considered bank checks, if:

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     1.  Debit cards are obtained from the same bank that has

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been designated as the candidate's or political committee's

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primary campaign depository.

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     2.  Debit cards are issued in the name of the treasurer,

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deputy treasurer, or authorized user and state "Campaign Account

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of (Name of candidate or political committee) Campaign Account."

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     3.  No more than three debit cards are requested and issued.

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     4. Before a debit card is used, a list of all persons

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authorized to use the card is filed with the division.

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     5. All debit cards issued to a candidate's campaign or a

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political committee expire no later than midnight of the last day

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of the month of the general election.

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     4.6. The person using the debit card does not receive cash

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as part of, or independent of, any transaction for goods or

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services.

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     5.7. All receipts for debit card transactions contain:

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     a.  The last four digits of the debit card number.

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     b.  The exact amount of the expenditure.

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     c.  The name of the payee.

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     d.  The signature of the campaign treasurer, deputy

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treasurer, or authorized user.

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     e.  The exact purpose for which the expenditure is

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authorized.

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Any information required by this subparagraph but not included on

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the debit card transaction receipt may be handwritten on, or

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attached to, the receipt by the authorized user before submission

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to the treasurer.

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     Section 10.  Paragraph (b) of subsection (4) of section

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106.141, Florida Statutes, is amended to read:

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     106.141  Disposition of surplus funds by candidates.--

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     (4)

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     (b)  Any candidate required to dispose of funds pursuant to

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this section who has received contributions from the Election

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Campaign Financing Trust Fund shall, after all payments under s.

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106.11(5)(a)-(c) have been made, return all surplus campaign

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funds to the Election Campaign Financing Trust Fund.

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     Section 11.  Paragraph (a) of subsection (1) of section

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106.143, Florida Statutes, is amended to read:

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     106.143  Political advertisements circulated prior to

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election; requirements.--

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     (1)(a)  Any political advertisement that is paid for by a

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candidate and that is published, displayed, or circulated prior

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to, or on the day of, any election must prominently state:

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"Political advertisement paid for and approved by   (name of

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candidate)  ,   (party affiliation)  , for   (office sought)  ."

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Nonpartisan candidates shall omit the reference to party

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affiliation in all such political advertisements.

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This subsection does not apply to campaign messages used by a

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candidate and the candidate's supporters if those messages are

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designed to be worn by a person.

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     Section 12.  Section 106.14325, Florida Statutes, is created

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to read:

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     106.14325 Candidate website.--Any Internet website that is

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authorized, approved, or operated by a candidate that is not a

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political advertisement or electioneering communication but

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identifies the candidate and the office he or she is seeking

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shall prominently state on each webpage of the website that

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identifies the candidate and the office being sought: "This

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website approved by (name of candidate) , (party

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affiliation, if any) , for (office sought) ." If the website

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is a political advertisement or electioneering communication, it

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shall comply with the requirements of s. 106.143 or s. 106.1439,

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respectively.

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     Section 13.  Section 106.1437, Florida Statutes, is amended

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to read:

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     106.1437  Miscellaneous advertisements.--Any advertisement,

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other than a political advertisement, independent expenditure, or

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electioneering communication, on billboards, bumper stickers,

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radio, or television, or in a newspaper, a magazine, or a

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periodical, or on the Internet intended to influence public

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policy or the vote of a public official, shall clearly designate

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the sponsor of such advertisement by including a clearly readable

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statement of sponsorship. If the advertisement is broadcast on

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television, the advertisement shall also contain a verbal

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statement of sponsorship. This section shall not apply to an

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editorial endorsement.

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     Section 14.  Section 106.1439, Florida Statutes, is amended

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to read:

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     106.1439  Electioneering communications; disclaimers.--

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     (1) Any electioneering communication shall prominently

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state: "Paid electioneering communication paid for by   (Name and

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address of person paying for the communication)  ."

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     (2) Any person who fails to include the disclaimer

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prescribed in this section in any electioneering communication

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that is required to contain such disclaimer commits a misdemeanor

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of the first degree, punishable as provided in s. 775.082 or s.

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775.083.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 28-45

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and insert:

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timely filed reports; amending s. 106.071, F.S.;

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deleting the penalty provision for failing to provide a

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disclaimer in a political advertisement paid for by an

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independent expenditure; amending s. 106.08, F.S.;

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deleting notification requirements relating to pending

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qualification of independent or minor party candidates;

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deleting a requirement that certain contributions be

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returned when a candidate becomes unopposed; revising

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application of certain in-kind contribution reporting

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requirements; amending s. 106.11, F.S.; revising

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information required on campaign checks; revising

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criteria under which debit cards are considered bank

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checks; amending s. 106.141, F.S.; revising a

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requirement for returning surplus campaign funds;

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amending s. 106.143, F.S.; providing for omission of

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party affiliation references in political

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advertisements of nonpartisan candidates; creating s.

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106.14325, F.S.; requiring certain candidate websites

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to comply with specified notice requirements; amending

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s. 106.1437, F.S.; requiring certain Internet

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advertisements to include sponsorship statements;

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amending s. 106.1439, F.S.; deleting the penalty

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provision for failing to provide a disclaimer in an

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electioneering communication; amending s. 106.29, F.S.;

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revising report

5/1/2008  2:38:00 PM     19-09407-08