CS/HB 1155

1	A bill to be entitled
2	An act relating to campaign financing; amending s.
3	106.011, F.S.; revising a definition; amending s. 106.022,
4	F.S.; revising requirements for filing statements of
5	appointment of registered agent and office; amending s.
6	106.03, F.S.; revising certain registration requirements
7	for political committees; applying registration
8	requirements to electioneering communications
9	organizations; amending s. 106.04, F.S.; revising
10	reporting requirements for committees of continuous
11	existence; revising fines for failure to file certain
12	reports; revising requirements for depositing fine
13	proceeds; revising certain notice filing requirements;
14	amending s. 106.07, F.S.; revising campaign finance report
15	filing dates and required information; revising certain
16	notice requirements; requiring certain political
17	committees to file campaign treasurer's reports with local
18	or municipal filing officers under certain circumstances;
19	deleting a requirement that campaign depositories return
20	certain checks to campaign treasurers; deleting a
21	prohibition against assessing separate fines for failing
22	to file copies of reports, to conform; expanding
23	application of certain late reporting fines; providing for
24	sufficiency of certain notices; amending s. 106.0705,
25	F.S.; requiring certain reports relating to disposition of
26	surplus campaign funds to be filed with the division
27	electronically; deleting an obsolete provision relating to
28	timely filed reports; amending s. 106.08, F.S.; deleting
29	notification requirements relating to pending
30	qualification of independent or minor party candidates;
31	deleting a requirement that certain contributions be
32	returned when a candidate becomes unopposed; revising
33	application of certain in-kind contribution reporting
34	requirements; amending s. 106.11, F.S.; revising
35	information required on campaign checks; revising criteria
36	under which debit cards are considered bank checks;
37	amending s. 106.141, F.S.; revising a requirement for
38	returning surplus campaign funds; amending s. 106.143,
39	F.S.; providing for omission of party affiliation
40	references in political advertisements of nonpartisan
41	candidates; creating s. 106.14325, F.S.; requiring certain
42	candidate websites to comply with specified notice
43	requirements; amending s. 106.1437, F.S.; requiring
44	certain Internet advertisements to include sponsorship
45	statements; amending s. 106.29, F.S.; revising report
46	filing requirements for political parties; deleting a
47	prohibition against assessing separate fines for failing
48	to file copies of reports, to conform; providing for
49	sufficiency of certain notices; amending s. 106.35, F.S.;
50	revising criteria for rule adoption by the Division of
51	Elections relating to election campaign financing
52	reporting; deleting a requirement that certain
53	electronically transmitted reports be filed in printed
54	format; providing an effective date.
55
56	Be It Enacted by the Legislature of the State of Florida:
57
58	Section 1.  Paragraph (a) of subsection (1) of section
59	106.011, Florida Statutes, is amended to read:
60	106.011  Definitions.--As used in this chapter, the
61	following terms have the following meanings unless the context
62	clearly indicates otherwise:
63	(1)(a)  "Political committee" means:
64	1.  A combination of two or more individuals, or a person
65	other than an individual, that, in an aggregate amount in excess
66	of $500 during a single calendar year:
67	a.  Accepts contributions for the purpose of making
68	contributions to any candidate, political committee, committee
69	of continuous existence, or political party;
70	b.  Accepts contributions for the purpose of expressly
71	advocating the election or defeat of a candidate or the passage
72	or defeat of an issue;
73	c.  Makes expenditures that expressly advocate the election
74	or defeat of a candidate or the passage or defeat of an issue;
75	or
76	d.  Makes contributions to a common fund, other than a
77	joint checking account between spouses, from which contributions
78	are made to any candidate, political committee, committee of
79	continuous existence, or political party;
80	2.  The sponsor of a proposed constitutional amendment by
81	initiative who intends to seek the signatures of registered
82	electors; or.
83	3.  The sponsor of a petition-revocation form for a
84	proposed constitutional amendment by initiative who intends to
85	seek the signatures of registered electors who signed the
86	initiative petition form.
87	Section 2.  Subsections (1) and (3) of section 106.022,
88	Florida Statutes, are amended to read:
89	106.022  Appointment of a registered agent; duties.--
90	(1)  Each political committee, committee of continuous
91	existence, or electioneering communications organization shall
92	have and continuously maintain in this state a registered office
93	and a registered agent and must file with the filing officer
94	division a statement of appointment for the registered office
95	and registered agent. The statement of appointment must:
96	(a)  Provide the name of the registered agent and the
97	street address and phone number for the registered office;
98	(b)  Identify the entity for whom the registered agent
99	serves;
100	(c)  Designate the address the registered agent wishes to
101	use to receive mail;
102	(d)  Include the entity's undertaking to inform the filing
103	officer division of any change in such designated address;
104	(e)  Provide for the registered agent's acceptance of the
105	appointment, which must confirm that the registered agent is
106	familiar with and accepts the obligations of the position as set
107	forth in this section; and
108	(f)  Contain the signature of the registered agent and the
109	entity engaging the registered agent.
110	(3)  A registered agent may resign his or her appointment
111	as registered agent by executing a written statement of
112	resignation and filing it with the filing officer division. An
113	entity without a registered agent may not make expenditures or
114	accept contributions until it files a written statement of
115	change as required in subsection (2).
116	Section 3.  Subsections (2), (4), and (7) of section
117	106.03, Florida Statutes, are amended to read:
118	106.03  Registration of political committees and
119	electioneering communications organizations.--
120	(2)  The statement of organization shall include:
121	(a)  The name, mailing address, and street address of the
122	committee or electioneering communications organization;
123	(b)  The names, street addresses, and relationships of
124	affiliated or connected organizations;
125	(c)  The area, scope, or jurisdiction of the committee or
126	electioneering communications organization;
127	(d)  The name, mailing address, street address, and
128	position of the custodian of books and accounts;
129	(e)  The name, mailing street address, and position of
130	other principal officers, including the treasurer and deputy
131	treasurers officers and members of the finance committee, if
132	any;
133	(f)  A statement indicating whether the committee supports
134	candidates, issues, or both The name, address, office sought,
135	and party affiliation of:
136	1.  Each candidate whom the committee is supporting;
137	2.  Any other individual, if any, whom the committee is
138	supporting for nomination for election, or election, to any
139	public office whatever;
140	(g)  A statement indicating whether the committee is being
141	organized to collect signatures of registered electors in
142	support of an initiative petition or to revoke registered
143	electors' signatures on an initiative petition Any issue or
144	issues such organization is supporting or opposing;
145	(h)  If the committee is supporting the entire ticket of
146	any party, a statement to that effect and the name of the party;
147	(i)  A statement of whether the committee is a continuing
148	one;
149	(h)(j)  Plans for the disposition of residual funds which
150	will be made in the event of dissolution;
151	(i)(k)  A listing of all banks, safe-deposit boxes, or
152	other depositories used for committee or electioneering
153	communications organization funds; and
154	(j)(l)  A statement of the reports required to be filed by
155	the committee or electioneering communications organization with
156	federal officials, if any, and the names, addresses, and
157	positions of such officials.
158	(4)  Any change in information previously submitted in a
159	statement of organization shall be reported to the agency or
160	officer with whom such political committee or electioneering
161	communications organization is required to register must be
162	reported pursuant to subsection (3), within 10 days following
163	the change.
164	(7)  The Division of Elections shall adopt promulgate rules
165	to prescribe the manner in which inactive committees and
166	electioneering communications organizations may be dissolved and
167	have their registration canceled. Such rules shall, at a
168	minimum, provide for:
169	(a)  Notice which shall contain the facts and conduct which
170	warrant the intended action, including but not limited to
171	failure to file reports and limited activity.
172	(b)  Adequate opportunity to respond.
173	(c)  Appeal of the decision to the Florida Elections
174	Commission. Such appeals shall be exempt from the
175	confidentiality provisions of s. 106.25.
176	Section 4.  Paragraphs (b) and (c) of subsection (4) and
177	subsections (7) and (8) of section 106.04, Florida Statutes, are
178	amended to read:
179	106.04  Committees of continuous existence.--
180	(4)
181	(b)1.  Each committee of continuous existence shall file
182	regular reports with the Division of Elections in accordance
183	with s. 106.0705 at the same times and subject to the same
184	filing conditions as are established by s. 106.07(1) and (2) for
185	candidates' reports. In addition, all committees of continuous
186	existence that make contributions or expenditures to influence
187	the results of a county, municipal, or district election that is
188	not being held at the same time as a state or federal election
189	shall file campaign treasurer's reports with the local or
190	municipal filing officer on the dates set by the filing officer
191	for that election. Such contributions and expenditures shall
192	also be included in the next report following the county,
193	municipal, or district election filed pursuant to this section
194	with the Division of Elections pursuant to this section.
195	2.  Any committee of continuous existence failing to so
196	file a report with the Division of Elections or the applicable
197	filing officer pursuant to this paragraph on the designated due
198	date shall be subject to a fine for late filing as provided by
199	this section.
200	(c)  All committees of continuous existence shall file
201	their reports with the Division of Elections. Reports filed
202	pursuant to subparagraph (b)1. shall be filed in accordance with
203	s. 106.0705 and shall contain the following information:
204	1.  The full name, address, and occupation of each person
205	who has made one or more contributions, including contributions
206	that represent the payment of membership dues, to the committee
207	during the reporting period, together with the amounts and dates
208	of such contributions. For corporations, the report must provide
209	as clear a description as practicable of the principal type of
210	business conducted by the corporation. However, if the
211	contribution is $100 or less, the occupation of the contributor
212	or principal type of business need not be listed. However, for
213	any contributions that represent the payment of dues by members
214	in a fixed amount aggregating no more than $250 per calendar
215	year, pursuant to the schedule on file with the Division of
216	Elections, only the aggregate amount of such contributions need
217	be listed, together with the number of members paying such dues
218	and the amount of the membership dues.
219	2.  The name and address of each political committee or
220	committee of continuous existence from which the reporting
221	committee received, or the name and address of each political
222	committee, committee of continuous existence, or political party
223	to which it made, any transfer of funds, together with the
224	amounts and dates of all transfers.
225	3.  Any other receipt of funds not listed pursuant to
226	subparagraph 1. or subparagraph 2., including the sources and
227	amounts of all such funds.
228	4.  The name and address of, and office sought by, each
229	candidate to whom the committee has made a contribution during
230	the reporting period, together with the amount and date of each
231	contribution.
232	5.  The full name and address of each person to whom
233	expenditures have been made by or on behalf of the committee
234	within the reporting period; the amount, date, and purpose of
235	each such expenditure; and the name and address, and office
236	sought by, each candidate on whose behalf such expenditure was
237	made.
238	6.  The full name and address of each person to whom an
239	expenditure for personal services, salary, or reimbursement for
240	authorized expenses has been made, including the full name and
241	address of each entity to whom the person made payment for which
242	reimbursement was made by check drawn upon the committee
243	account, together with the amount and purpose of such payment.
244	7.  Transaction information from each credit card statement
245	that will be included in the next report following receipt
246	thereof by the committee. Receipts for each credit card purchase
247	shall be retained by the treasurer with the records for the
248	committee account.
249	8.  The total sum of expenditures made by the committee
250	during the reporting period.
251	(7)  Any change in information previously submitted to the
252	division must be reported to the division within 10 days
253	following the change. If a committee of continuous existence
254	ceases to meet the criteria prescribed by subsection (1), the
255	Division of Elections shall revoke its certification until such
256	time as the criteria are again met. The Division of Elections
257	shall adopt promulgate rules to prescribe the manner in which
258	the such certification of a committee of continuous existence
259	shall be revoked. Such rules shall, at a minimum, provide for:
260	(a)  Notice, which shall contain the facts and conduct that
261	warrant the intended action, including, but not limited to, a
262	failure to file any report.
263	(b)  Adequate opportunity to respond.
264	(c)  Appeal of the decision to the Florida Elections
265	Commission. Such appeals shall be exempt from the
266	confidentiality provisions of s. 106.25.
267	(8)(a)  Any committee of continuous existence failing to
268	file a report on the designated due date shall be subject to a
269	fine. The fine shall be $50 per day for the first 3 days late
270	and, thereafter, $500 per day for each late day, not to exceed
271	25 percent of the total receipts or expenditures, whichever is
272	greater, for the period covered by the late report. However, for
273	the reports immediately preceding each primary and general
274	election, including a special primary election and a special
275	general election, the fine shall be $500 per day for each late
276	day, not to exceed 25 percent of the total receipts or
277	expenditures, whichever is greater, for the period covered by
278	the late report. The fine shall be assessed by the filing
279	officer, and the moneys collected shall be deposited:
280	1.  In the General Revenue Fund in the case of a report
281	that is required to be filed with the Division of Elections; or
282	2.  In the general revenue fund of the political
283	subdivision in the case of a report that is required to be filed
284	with a local or municipal filing officer. No separate fine shall
285	be assessed for failure to file a copy of any report required by
286	this section.
287	(b)  Upon determining that a report is late, the filing
288	officer shall immediately notify the treasurer of the committee
289	as to the failure to file a report by the designated due date
290	and that a fine is being assessed for each late day. Upon
291	receipt of the report, the filing officer shall determine the
292	amount of fine that which is due and shall notify the treasurer
293	of the committee. The filing officer shall determine the amount
294	of the fine due based upon the earliest of the following:
295	1.  When the report is actually received by such officer.
296	2.  When the report is postmarked.
297	3.  When the certificate of mailing is dated.
298	4.  When the receipt from an established courier company is
299	dated.
300
301	Such fine shall be paid to the filing officer within 20 days
302	after receipt of the notice of payment due, unless appeal is
303	made to the Florida Elections Commission pursuant to paragraph
304	(c). An officer or member of a committee shall not be personally
305	liable for such fine.
306	(c)  Any treasurer of a committee may appeal or dispute the
307	fine, based upon unusual circumstances surrounding the failure
308	to file on the designated due date, and may request and shall be
309	entitled to a hearing before the Florida Elections Commission,
310	which shall have the authority to waive the fine in whole or in
311	part. Any such request shall be made in writing within 20 days
312	after receipt of the notice of payment due. In such case, the
313	treasurer of The committee shall file a copy of the appeal with,
314	within the 20-day period, notify the filing officer in writing
315	of his or her intention to bring the matter before the
316	commission.
317	(d)  The filing officer shall notify the Florida Elections
318	Commission of the repeated late filing by a committee of
319	continuous existence, the failure of a committee of continuous
320	existence to file a report after notice, or the failure to pay
321	the fine imposed. For purposes of this section, notice is deemed
322	sufficient upon proof of delivery of written notice to the
323	mailing or street address of record on file with the filing
324	officer for the chair, treasurer, or registered agent of the
325	committee of continuous existence.
326	Section 5.  Subsections (1) through (4), (6), and (8) of
327	section 106.07, Florida Statutes, are amended to read:
328	106.07  Reports; certification and filing.--
329	(1)  Each campaign treasurer designated by a candidate or
330	political committee pursuant to s. 106.021 shall file regular
331	reports of all contributions received, and all expenditures
332	made, by or on behalf of such candidate or political committee.
333	Except for the third calendar quarter immediately preceding a
334	general election, reports shall be filed on the 10th day
335	following the end of each calendar quarter from the time the
336	campaign treasurer is appointed, except that, if the 10th day
337	following the end of a calendar quarter occurs on a Saturday,
338	Sunday, or legal holiday, the report shall be filed on the next
339	following day which is not a Saturday, Sunday, or legal holiday.
340	Quarterly reports shall include all contributions received and
341	expenditures made during the calendar quarter which have not
342	otherwise been reported pursuant to this section.
343	(a)  Except as provided in paragraph (b), following the
344	last day of qualifying for office, the reports shall also be
345	filed on the 32nd, 18th, and 4th days immediately preceding the
346	primary and on the 46th, 32nd, 18th, and 4th days immediately
347	preceding the election, for a candidate who is opposed in
348	seeking nomination or election to any office, for a political
349	committee, or for a committee of continuous existence. Following
350	the primary, reports shall be filed on the 46th, 32nd, 18th, and
351	4th days immediately preceding the election for a candidate who
352	is opposed in seeking election to any office, for a political
353	committee, or for a committee of continuous existence.
354	(b)  Following the last day of qualifying for office, Any
355	statewide candidate who has requested to receive contributions
356	from the Election Campaign Financing Trust Fund or any statewide
357	candidate in a race with a candidate who has requested to
358	receive contributions from the trust fund shall also file
359	reports on the 4th, 11th, 18th, 25th, and 32nd days prior to the
360	primary election, and on the 4th, 11th, 18th, 25th, 32nd, 39th,
361	46th, and 53rd days prior to the general election.
362	(c)  Following the last day of qualifying for office, any
363	unopposed candidate need only file a report within 90 days after
364	the date such candidate became unopposed. Such report shall
365	contain all previously unreported contributions and expenditures
366	as required by this section and shall reflect disposition of
367	funds as required by s. 106.141.
368	(d)1.  When a special election is called to fill a vacancy
369	in office, all political committees and committees of continuous
370	existence making contributions or expenditures to influence the
371	results of such special election shall file campaign treasurers'
372	reports with the filing officer on the dates set by the
373	Department of State pursuant to s. 100.111.
374	2.  When an election is called for an issue to appear on
375	the ballot at a time when no candidates are scheduled to appear
376	on the ballot, all political committees making contributions or
377	expenditures in support of or in opposition to such issue shall
378	file reports on the 18th and 4th days prior to such election.
379	(e)  The filing officer shall provide each candidate with a
380	schedule designating the beginning and end of reporting periods
381	as well as the corresponding designated due dates.
382	(2)(a)  All reports required of a candidate by this section
383	shall be filed with the officer before whom the candidate is
384	required by law to qualify. All candidates who file with the
385	Department of State shall file their reports pursuant to s.
386	106.0705. Except as provided in s. 106.0705, reports shall be
387	filed not later than 5 p.m. of the day designated; however, any
388	report postmarked by the United States Postal Service no later
389	than midnight of the day designated shall be deemed to have been
390	filed in a timely manner. Any report received by the filing
391	officer within 5 days after the designated due date that was
392	delivered by the United States Postal Service shall be deemed
393	timely filed unless it has a postmark that indicates that the
394	report was mailed after the designated due date. A certificate
395	of mailing obtained from and dated by the United States Postal
396	Service at the time of mailing, or a receipt from an established
397	courier company, which bears a date on or before the date on
398	which the report is due, shall be proof of mailing in a timely
399	manner. Reports shall contain information of all previously
400	unreported contributions received and expenditures made as of
401	the preceding Friday, except that the report filed on the Friday
402	immediately preceding the election shall contain information of
403	all previously unreported contributions received and
404	expenditures made as of the day preceding that designated due
405	date. All such reports shall be open to public inspection.
406	(b)1.  Any report that which is deemed to be incomplete by
407	the officer with whom the candidate qualifies shall be accepted
408	on a conditional basis, and the campaign treasurer shall be
409	notified in writing, in person, or by telephone registered mail
410	as to why the report is incomplete and be given 7 3 days from
411	receipt of such notice to file an addendum to the report
412	providing all information necessary to complete the report in
413	compliance with this section. Failure to file a complete report
414	after such notice constitutes a violation of this chapter.
415	2.  In lieu of the notice by registered mail as required in
416	subparagraph 1., the qualifying officer may notify the campaign
417	treasurer by telephone that the report is incomplete and request
418	the information necessary to complete the report. If, however,
419	such information is not received by the qualifying officer
420	within 3 days after the telephone request therefor, notice shall
421	be sent by registered mail as provided in subparagraph 1.
422	(3)(a)  Reports required of a political committee shall be
423	filed with the agency or officer before whom such committee
424	registers pursuant to s. 106.03(3) and shall be subject to the
425	same filing conditions as established for candidates' reports.
426	Incomplete reports by political committees shall be treated in
427	the manner provided for incomplete reports by candidates in
428	subsection (2).
429	(b)  In addition to the reports required by paragraph (a),
430	all political committees registered with the Division of
431	Elections that make contributions or expenditures to influence
432	the results of a local or municipal election that is not being
433	held at the same time as a state or federal election shall file
434	campaign treasurer's reports with the local or municipal filing
435	officer on the dates set by the filing officer for that
436	election. Such contributions and expenditures shall also be
437	included in the next report following the local or municipal
438	election filed pursuant to this section with the Division of
439	Elections.
440	(4)(a)  Each report required by this section shall contain:
441	1.  The full name, address, and occupation, if any, of each
442	person who has made one or more contributions to or for such
443	committee or candidate within the reporting period, together
444	with the amount and date of such contributions. For
445	corporations, the report must provide as clear a description as
446	practicable of the principal type of business conducted by the
447	corporation. However, if the contribution is $100 or less or is
448	from a relative, as defined in s. 112.312, provided that the
449	relationship is reported, the occupation of the contributor or
450	the principal type of business need not be listed.
451	2.  The name and address of each political committee from
452	which the reporting committee or the candidate received, or to
453	which the reporting committee or candidate made, any transfer of
454	funds, together with the amounts and dates of all transfers.
455	3.  Each loan for campaign purposes to or from any person
456	or political committee within the reporting period, together
457	with the full names, addresses, and occupations, and principal
458	places of business, if any, of the lender and endorsers, if any,
459	and the date and amount of such loans.
460	4.  A statement of each contribution, rebate, refund, or
461	other receipt not otherwise listed under subparagraphs 1.
462	through 3.
463	5.  The total sums of all loans, in-kind contributions, and
464	other receipts by or for such committee or candidate during the
465	reporting period. The reporting forms shall be designed to
466	elicit separate totals for in-kind contributions, loans, and
467	other receipts.
468	6.  The full name and address of each person to whom
469	expenditures have been made by or on behalf of the committee or
470	candidate within the reporting period; the amount, date, and
471	purpose of each such expenditure; and the name and address of,
472	and office sought by, each candidate on whose behalf such
473	expenditure was made. However, expenditures made from the petty
474	cash fund provided by s. 106.12 need not be reported
475	individually.
476	7.  The full name and address of each person to whom an
477	expenditure for personal services, salary, or reimbursement for
478	authorized expenses as provided in s. 106.021(3) has been made
479	and which is not otherwise reported, including the amount, date,
480	and purpose of such expenditure. However, expenditures made from
481	the petty cash fund provided for in s. 106.12 need not be
482	reported individually.
483	8.  The total amount withdrawn and the total amount spent
484	for petty cash purposes pursuant to this chapter during the
485	reporting period.
486	9.  The total sum of expenditures made by such committee or
487	candidate during the reporting period.
488	10.  The amount and nature of debts and obligations owed by
489	or to the committee or candidate, which relate to the conduct of
490	any political campaign.
491	11.  Transaction information from A copy of each credit
492	card statement that will which shall be included in the next
493	report following receipt thereof by the candidate or political
494	committee. Receipts for each credit card purchase shall be
495	retained by the treasurer with the records for the campaign
496	account.
497	12.  The amount and nature of any separate interest-bearing
498	accounts or certificates of deposit and identification of the
499	financial institution in which such accounts or certificates of
500	deposit are located.
501	13.  The primary purposes of an expenditure made indirectly
502	through a campaign treasurer pursuant to s. 106.021(3) for goods
503	and services such as communications media placement or
504	procurement services, campaign signs, insurance, and other
505	expenditures that include multiple components as part of the
506	expenditure. The primary purpose of an expenditure shall be that
507	purpose, including integral and directly related components,
508	that comprises 80 percent of such expenditure.
509	(b)  The filing officer shall make available to any
510	candidate or committee a reporting form which the candidate or
511	committee may use to indicate contributions received by the
512	candidate or committee but returned to the contributor before
513	deposit.
514	(6)  The campaign depository shall return all checks drawn
515	on the account to the campaign treasurer who shall retain the
516	records pursuant to s. 106.06. The records maintained by the
517	campaign depository with respect to any campaign such account
518	regulated by this chapter shall be subject to inspection by an
519	agent of the Division of Elections or the Florida Elections
520	Commission at any time during normal banking hours, and such
521	depository shall furnish certified copies of any of such records
522	to the Division of Elections or the Florida Elections Commission
523	upon request.
524	(8)(a)  Any candidate or political committee failing to
525	file a report on the designated due date shall be subject to a
526	fine as provided in paragraph (b) for each late day, and, in the
527	case of a candidate, such fine shall be paid only from personal
528	funds of the candidate. The fine shall be assessed by the filing
529	officer and the moneys collected shall be deposited:
530	1.  In the General Revenue Fund, in the case of a candidate
531	for state office or a political committee that registers with
532	the Division of Elections; or
533	2.  In the general revenue fund of the political
534	subdivision, in the case of a candidate for an office of a
535	political subdivision or a political committee that registers
536	with an officer of a political subdivision.
537
538	No separate fine shall be assessed for failure to file a copy of
539	any report required by this section.
540	(b)  Upon determining that a report is late, the filing
541	officer shall immediately notify the candidate or chair of the
542	political committee as to the failure to file a report by the
543	designated due date and that a fine is being assessed for each
544	late day. The fine shall be $50 per day for the first 3 days
545	late and, thereafter, $500 per day for each late day, not to
546	exceed 25 percent of the total receipts or expenditures,
547	whichever is greater, for the period covered by the late report.
548	However, for the reports immediately preceding each primary and
549	general election, including a special primary election and a
550	special general election, the fine shall be $500 per day for
551	each late day, not to exceed 25 percent of the total receipts or
552	expenditures, whichever is greater, for the period covered by
553	the late report. For reports required under s. 106.141(7), the
554	fine is $50 per day for each late day, not to exceed 25 percent
555	of the total receipts or expenditures, whichever is greater, for
556	the period covered by the late report. Upon receipt of the
557	report, the filing officer shall determine the amount of the
558	fine that which is due and shall notify the candidate or the
559	political committee chair. The filing officer shall determine
560	the amount of the fine due based upon the earliest of the
561	following:
562	1.  When the report is actually received by such officer.
563	2.  When the report is postmarked.
564	3.  When the certificate of mailing is dated.
565	4.  When the receipt from an established courier company is
566	dated.
567	5.  When the electronic receipt issued pursuant to s.
568	106.0705 is dated.
569
570	Such fine shall be paid to the filing officer within 20 days
571	after receipt of the notice of payment due, unless appeal is
572	made to the Florida Elections Commission pursuant to paragraph
573	(c). In the case of a candidate, such fine shall not be an
574	allowable campaign expenditure and shall be paid only from
575	personal funds of the candidate. An officer or member of a
576	political committee shall not be personally liable for such
577	fine.
578	(c)  Any candidate or chair of a political committee may
579	appeal or dispute the fine, based upon, but not limited to,
580	unusual circumstances surrounding the failure to file on the
581	designated due date, and may request and shall be entitled to a
582	hearing before the Florida Elections Commission, which shall
583	have the authority to waive the fine in whole or in part. The
584	Florida Elections Commission must consider the mitigating and
585	aggravating circumstances contained in s. 106.265(1) when
586	determining the amount of a fine, if any, to be waived. Any such
587	request shall be made within 20 days after receipt of the notice
588	of payment due. In such case, the candidate or chair of the
589	political committee shall, within the 20-day period, notify the
590	filing officer in writing of his or her intention to bring the
591	matter before the commission.
592	(d)  The appropriate filing officer shall notify the
593	Florida Elections Commission of the repeated late filing by a
594	candidate or political committee, the failure of a candidate or
595	political committee to file a report after notice, or the
596	failure to pay the fine imposed. For purposes of this section,
597	notice is deemed sufficient upon proof of delivery of written
598	notice to the mailing or street address of record on file with
599	the filing officer for the candidate or his or her treasurer or
600	for the chair, treasurer, or registered agent of the committee
601	or organization. The commission shall investigate only those
602	alleged late filing violations specifically identified by the
603	filing officer and as set forth in the notification. Any other
604	alleged violations must be separately stated and reported by the
605	division to the commission under s. 106.25(2).
606	Section 6.  Paragraph (c) of subsection (2) and subsection
607	(7) of section 106.0705, Florida Statutes, are amended to read:
608	106.0705  Electronic filing of campaign treasurer's
609	reports.--
610	(2)
611	(c)  Each person or organization that is required to file
612	reports with the division under ss. s. 106.071 and 106.141 must
613	file such reports with the division by means of the division's
614	electronic filing system.
615	(7)  Notwithstanding anything in law to the contrary, any
616	report required to have been filed under this section for the
617	period ended March 31, 2005, shall be deemed to have been timely
618	filed if the report is filed under this section on or before
619	June 1, 2005.
620	Section 7.  Subsection (3) and paragraph (b) of subsection
621	(6) of section 106.08, Florida Statutes, are amended to read:
622	106.08  Contributions; limitations on.--
623	(3)(a)  Any contribution received by a candidate with
624	opposition in an election or by the campaign treasurer or a
625	deputy campaign treasurer of such a candidate on the day of that
626	election or less than 5 days prior to the day of that election
627	must be returned by him or her to the person or committee
628	contributing it and may not be used or expended by or on behalf
629	of the candidate.
630	(b)  Except as otherwise provided in paragraph (c), Any
631	contribution received by a candidate or by the campaign
632	treasurer or a deputy campaign treasurer of a candidate after
633	the date at which the candidate withdraws his or her candidacy,
634	or after the date the candidate is defeated, becomes unopposed,
635	or is elected to office, must be returned to the person or
636	committee contributing it and may not be used or expended by or
637	on behalf of the candidate.
638	(c)  With respect to any campaign for an office in which an
639	independent or minor party candidate has filed as required in s.
640	99.0955 or s. 99.096, but whose qualification is pending a
641	determination by the Department of State or supervisor of
642	elections as to whether or not the required number of petition
643	signatures was obtained:
644	1.  The department or supervisor shall, no later than 3
645	days after that determination has been made, notify in writing
646	all other candidates for that office of that determination.
647	2.  Any contribution received by a candidate or the
648	campaign treasurer or deputy campaign treasurer of a candidate
649	after the candidate has been notified in writing by the
650	department or supervisor that he or she has become unopposed as
651	a result of an independent or minor party candidate failing to
652	obtain the required number of petition signatures shall be
653	returned to the person, political committee, or committee of
654	continuous existence contributing it and shall not be used or
655	expended by or on behalf of the candidate.
656	(6)
657	(b)1.  A political party may not accept any in-kind
658	contribution that fails to provide a direct benefit to the
659	political party. A "direct benefit" includes, but is not limited
660	to, fundraising or furthering the objectives of the political
661	party.
662	2.a.  An in-kind contribution to a state political party
663	may be accepted only by the chairperson of the state political
664	party or by the chairperson's designee or designees whose names
665	are on file with the division in a form acceptable to the
666	division prior to the date of the written notice required in
667	sub-subparagraph b. An in-kind contribution to a county
668	political party may be accepted only by the chairperson of the
669	county political party or by the county chairperson's designee
670	or designees whose names are on file with the supervisor of
671	elections of the respective county prior to the date of the
672	written notice required in sub-subparagraph b.
673	b.  A person making an in-kind contribution to a state
674	political party or county political party must provide prior
675	written notice of the contribution to a person described in sub-
676	subparagraph a. The prior written notice must be signed and
677	dated and may be provided by an electronic or facsimile message.
678	However, prior written notice is not required for an in-kind
679	contribution that consists of food and beverage in an aggregate
680	amount not exceeding $1,500 which is consumed at a single
681	sitting or event if such in-kind contribution is accepted in
682	advance by a person specified in sub-subparagraph a.
683	c.  A person described in sub-subparagraph a. may accept an
684	in-kind contribution requiring prior written notice only in a
685	writing that is signed and dated before the in-kind contribution
686	is made. Failure to obtain the required written acceptance of an
687	in-kind contribution to a state or county political party
688	constitutes a refusal of the contribution.
689	d.  A copy of each prior written acceptance required under
690	sub-subparagraph c. must be filed with the division for a state
691	executive committee, or with the supervisor of elections for a
692	county executive committee, at the time the regular reports of
693	contributions and expenditures required under s. 106.29 are
694	filed by the state executive committee and county executive
695	committee.
696	e.  An in-kind contribution may not be given to a state or
697	county political party unless the in-kind contribution is made
698	as provided in this subparagraph.
699	Section 8.  Paragraph (b) of subsection (1) and paragraph
700	(a) of subsection (2) of section 106.11, Florida Statutes, are
701	amended to read:
702	106.11  Expenses of and expenditures by candidates and
703	political committees.--Each candidate and each political
704	committee which designates a primary campaign depository
705	pursuant to s. 106.021(1) shall make expenditures from funds on
706	deposit in such primary campaign depository only in the
707	following manner, with the exception of expenditures made from
708	petty cash funds provided by s. 106.12:
709	(1)
710	(b)  The checks for such account shall contain, as a
711	minimum, the following information:
712	1.  The statement "Campaign Account of (Name of candidate
713	or political committee) Campaign Account."
714	2.  The account number and the name of the bank.
715	3.  The exact amount of the expenditure.
716	4.  The signature of the campaign treasurer or deputy
717	treasurer.
718	5.  The exact purpose for which the expenditure is
719	authorized.
720	6.  The name of the payee.
721	(2)(a)  For purposes of this section, debit cards are
722	considered bank checks, if:
723	1.  Debit cards are obtained from the same bank that has
724	been designated as the candidate's or political committee's
725	primary campaign depository.
726	2.  Debit cards are issued in the name of the treasurer,
727	deputy treasurer, or authorized user and state "Campaign Account
728	of (Name of candidate or political committee) Campaign Account."
729	3.  No more than three debit cards are requested and
730	issued.
731	4.  Before a debit card is used, a list of all persons
732	authorized to use the card is filed with the division.
733	5.  All debit cards issued to a candidate's campaign or a
734	political committee expire no later than midnight of the last
735	day of the month of the general election.
736	4.6.  The person using the debit card does not receive cash
737	as part of, or independent of, any transaction for goods or
738	services.
739	5.7.  All receipts for debit card transactions contain:
740	a.  The last four digits of the debit card number.
741	b.  The exact amount of the expenditure.
742	c.  The name of the payee.
743	d.  The signature of the campaign treasurer, deputy
744	treasurer, or authorized user.
745	e.  The exact purpose for which the expenditure is
746	authorized.
747
748	Any information required by this subparagraph but not included
749	on the debit card transaction receipt may be handwritten on, or
750	attached to, the receipt by the authorized user before
751	submission to the treasurer.
752	Section 9.  Paragraph (b) of subsection (4) of section
753	106.141, Florida Statutes, is amended to read:
754	106.141  Disposition of surplus funds by candidates.--
755	(4)
756	(b)  Any candidate required to dispose of funds pursuant to
757	this section who has received contributions from the Election
758	Campaign Financing Trust Fund shall, after all payments under s.
759	106.11(5)(a)-(c) have been made, return all surplus campaign
760	funds to the Election Campaign Financing Trust Fund.
761	Section 10.  Paragraph (a) of subsection (1) of section
762	106.143, Florida Statutes, is amended to read:
763	106.143  Political advertisements circulated prior to
764	election; requirements.--
765	(1)(a)  Any political advertisement that is paid for by a
766	candidate and that is published, displayed, or circulated prior
767	to, or on the day of, any election must prominently state:
768	"Political advertisement paid for and approved by   (name of
769	candidate)  ,   (party affiliation)  , for   (office sought)  ."
770	Nonpartisan candidates shall omit the reference to party
771	affiliation in all such political advertisements.
772
773	This subsection does not apply to campaign messages used by a
774	candidate and the candidate's supporters if those messages are
775	designed to be worn by a person.
776	Section 11.  Section 106.14325, Florida Statutes, is
777	created to read:
778	106.14325  Candidate website.--Any Internet website that is
779	authorized, approved, or operated by a candidate that is not a
780	political advertisement or electioneering communication but
781	identifies the candidate and the office he or she is seeking
782	shall prominently state on each webpage of the website that
783	identifies the candidate and the office being sought: "This
784	website approved by   (name of candidate)  ,   (party
785	affiliation, if any)  , for   (office sought)  ." If the website
786	is a political advertisement or electioneering communication, it
787	shall comply with the requirements of s. 106.143 or s. 106.1439,
788	respectively.
789	Section 12.  Section 106.1437, Florida Statutes, is amended
790	to read:
791	106.1437  Miscellaneous advertisements.--Any advertisement,
792	other than a political advertisement, independent expenditure,
793	or electioneering communication, on billboards, bumper stickers,
794	radio, or television, or in a newspaper, a magazine, or a
795	periodical, or on the Internet intended to influence public
796	policy or the vote of a public official, shall clearly designate
797	the sponsor of such advertisement by including a clearly
798	readable statement of sponsorship. If the advertisement is
799	broadcast on television, the advertisement shall also contain a
800	verbal statement of sponsorship. This section shall not apply to
801	an editorial endorsement.
802	Section 13.  Subsection (1) and paragraph (d) of subsection
803	(3) of section 106.29, Florida Statutes, are amended to read:
804	106.29  Reports by political parties; restrictions on
805	contributions and expenditures; penalties.--
806	(1)  The state executive committee and each county
807	executive committee of each political party regulated by chapter
808	103 shall file regular reports of all contributions received and
809	all expenditures made by such committee. Such reports shall
810	contain the same information as do reports required of
811	candidates by s. 106.07 and shall be filed on the 10th day
812	following the end of each calendar quarter, except that, during
813	the period from the last day for candidate qualifying until the
814	general election, such reports shall be filed on the Friday
815	immediately preceding both the primary election and the general
816	election. In addition to the reports filed under this section,
817	the state executive committee and each county executive
818	committee shall file a copy of each prior written acceptance of
819	an in-kind contribution given by the committee during the
820	preceding calendar quarter as required under s. 106.08(6). Each
821	state executive committee shall file the original and one copy
822	of its reports with the Division of Elections. Each county
823	executive committee shall file its reports with the supervisor
824	of elections in the county in which such committee exists. Any
825	state or county executive committee failing to file a report on
826	the designated due date shall be subject to a fine as provided
827	in subsection (3). No separate fine shall be assessed for
828	failure to file a copy of any report required by this section.
829	(2)  The chair and treasurer of each state or county
830	executive committee shall certify as to the correctness of each
831	report filed by them on behalf of such committee. Any committee
832	chair or treasurer who certifies the correctness of any report
833	while knowing that such report is incorrect, false, or
834	incomplete commits a felony of the third degree, punishable as
835	provided in s. 775.082, s. 775.083, or s. 775.084.
836	(3)
837	(d)  The appropriate filing officer shall notify the
838	Florida Elections Commission of the repeated late filing by an
839	executive committee, the failure of an executive committee to
840	file a report after notice, or the failure to pay the fine
841	imposed. For purposes of this section, notice is deemed
842	sufficient upon proof of delivery of written notice to the
843	mailing or street address of record on file with the filing
844	officer for the executive committee or for the chair or
845	treasurer of the executive committee.
846	Section 14.  Subsection (5) of section 106.35, Florida
847	Statutes, is amended to read:
848	106.35  Distribution of funds.--
849	(5)  The division shall adopt rules providing for the
850	weekly reports and certification and distribution of funds
851	pursuant thereto required by this section. Such rules shall, at
852	a minimum, provide for:
853	(a)  Specifications for printed campaign treasurer's
854	reports outlining the format for such reports, including size of
855	paper, typeface, color of print, and placement of required
856	information on the form.
857	(b)1.  specifications for electronically transmitted
858	campaign treasurer's reports outlining communication parameters
859	and protocol, data record formats, and provisions for ensuring
860	security of data and transmission.
861	2.  All electronically transmitted campaign treasurer's
862	reports must also be filed in printed format. Printed format
863	shall not include campaign treasurer's reports submitted by
864	electronic facsimile transmission.
865	Section 15.  This act shall take effect January 1, 2009.

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