Florida Senate - 2008 SB 2742
By Senator Dockery
15-02949B-08 20082742__
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A bill to be entitled
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An act relating to campaign finance; amending s. 106.0701,
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F.S,; prohibiting an elected public officer from
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soliciting or accepting contributions for certain
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organizations; providing exemptions; providing penalties;
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amending s. 106.08, F.S.; establishing an aggregate limit
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on annual contributions to the state executive committee,
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county executive committee, and subordinate committee of
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any political party; prescribing penalties; reducing the
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aggregate amount a nonstatewide candidate may accept from
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a political party; deleting certain exemptions from the
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contribution limits applicable to political party
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contributions to candidates; amending s. 106.04, F.S.,
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relating to committees of continuous existence; conforming
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provisions to changes made by the act; amending ss.
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expenditures and contributions and reports by political
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parties; conforming cross-references; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 106.0701, Florida Statutes, is amended
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to read:
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106.0701 Solicitation of contributions by elected officials
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on behalf of certain groups and organizations prohibited s. 527
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or s. 501(c)(4) organizations; reporting requirements; civil
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penalty; exemption.--
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(1) An elected public officer shall not, The Governor,
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Lieutenant Governor, members of the Cabinet, state legislators,
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or candidates for such offices who directly or indirectly,
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solicit, cause to be solicited, or accept any contribution on
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behalf of a committee of continuous existence, an electioneering
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communications organization, or an organization that is exempt
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from taxation under s. 527 or s. 501(c)(4) of the Internal
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Revenue Code; however, this section does not apply to an elected
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public officer seeking contributions for his or her own campaign
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or political party.
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(2) An elected public officer who violates this section is
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subject to a civil penalty equal to three times the amount
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involved in the prohibited act. Such penalty may be in addition
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to the penalties provided for in s. 106.265 and shall be paid
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into the General Revenue Fund of this state., which such
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individuals, in whole or in part, establish, maintain, or
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control, shall file a statement with the division within 5 days
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after commencing such activity on behalf of the organization. The
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statement shall contain the following information:
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(a) The name of the person acting on behalf of the
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organization.
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(b) The name and type of the organization.
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(c) A description of the relationship between the person
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and the organization.
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(2) Failure to timely file the statement shall subject the
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person to a civil penalty of $50 per day for each late day,
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payable from the personal funds of the violator.
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(3) Upon filing a statement with the division, an
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individual subject to the requirements of subsection (1) shall
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promptly create a public website that contains a mission
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statement and the names of persons associated with the
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organization. The address of the website shall be reported to the
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division within 5 business days after the website is created.
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(4) All contributions received shall be disclosed on the
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website within 5 business days after deposit, together with the
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name, address, and occupation of the donor. All expenditures by
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the organization shall be individually disclosed on the website
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within 5 business days after being made.
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(5) The filing requirements of subsection (1) do not apply
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to an individual acting on behalf of his or her own campaign or a
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political party of which the individual is a member.
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Section 2. Section 106.08, Florida Statutes, is amended to
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read:
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106.08 Contributions; limitations on.--
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(1)(a) Except for political parties, no person, political
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committee, or committee of continuous existence may, in any
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election, make contributions in excess of $500 to any candidate
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for election to or retention in office or to any political
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committee supporting or opposing one or more candidates.
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Candidates for the offices of Governor and Lieutenant Governor on
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the same ticket are considered a single candidate for the purpose
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of this section.
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(b)1. The contribution limits provided in this subsection
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do not apply to contributions made by a state or county executive
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committee of a political party regulated by chapter 103 or to
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amounts contributed by a candidate to his or her own campaign.
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2. Notwithstanding the limits provided in this subsection,
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an unemancipated child under the age of 18 years of age may not
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make a contribution in excess of $100 to any candidate or to any
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political committee supporting one or more candidates.
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(c) The contribution limits of this subsection apply to
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each election. For purposes of this subsection, the primary
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election and general election are separate elections so long as
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the candidate is not an unopposed candidate as defined in s.
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106.011(15). However, for the purpose of contribution limits with
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respect to candidates for retention as a justice or judge, there
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is only one election, which is the general election.
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(2) No person, political committee, or committee of
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continuous existence shall contribute more than $15,000 per
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calendar year, in the aggregate, to the state executive
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committee, county executive committee, and subordinate committee
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of any political party regulated under chapter 103.
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(3)(2)(a) A candidate may not accept contributions from
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national, state, including any subordinate committee of a
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national, state, or county committee of a political party, and
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county executive committees of a political party, which
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contributions in the aggregate exceed $25,000 $50,000, no more
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than $12,500 $25,000 of which may be accepted prior to the 28-day
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period immediately preceding the date of the general election.
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(b) A candidate for statewide office may not accept
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contributions from national, state, or county executive
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committees of a political party, including any subordinate
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committee of a national, state, or county committee of a
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political party, which contributions in the aggregate exceed
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$250,000, no more than $125,000 of which may be accepted prior to
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the 28-day period immediately preceding the date of the general
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election. Polling services, research services, costs for campaign
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staff, professional consulting services, and telephone calls are
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not contributions to be counted toward the contribution limits of
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paragraph (a) or this paragraph. Any item not expressly
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identified in this paragraph as nonallocable is a contribution in
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an amount equal to the fair market value of the item and must be
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counted as allocable toward the contribution limits of paragraph
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(a) or this paragraph. Nonallocable, in-kind contributions must
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be reported by the candidate under s. 106.07 and by the political
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party under s. 106.29.
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(4)(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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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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(5)(4)(a) Any contribution received by the chair, campaign
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treasurer, or deputy campaign treasurer of a political committee
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supporting or opposing a candidate with opposition in an election
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or supporting or opposing an issue on the ballot in an election
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on the day of that election or less than 5 days prior to the day
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of that election may not be obligated or expended by the
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committee until after the date of the election.
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(b) Any contribution received by an electioneering
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communications organization on the day of an election or less
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than 5 days prior to the day of that election may not be
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obligated or expended by the organization until after the date of
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the election and may not be expended to pay for any obligation
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arising prior to the election.
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(6)(5)(a) A person may not make any contribution through or
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in the name of another, directly or indirectly, in any election.
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(b) Candidates, political committees, and political parties
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may not solicit contributions from any religious, charitable,
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civic, or other causes or organizations established primarily for
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the public good.
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(c) Candidates, political committees, and political parties
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may not make contributions, in exchange for political support, to
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any religious, charitable, civic, or other cause or organization
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established primarily for the public good. It is not a violation
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of this paragraph for:
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1. A candidate, political committee, or political party
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executive committee to make gifts of money in lieu of flowers in
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memory of a deceased person;
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2. A candidate to continue membership in, or make regular
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donations from personal or business funds to, religious,
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political party, civic, or charitable groups of which the
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candidate is a member or to which the candidate has been a
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regular donor for more than 6 months; or
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3. A candidate to purchase, with campaign funds, tickets,
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admission to events, or advertisements from religious, civic,
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political party, or charitable groups.
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(d) An electioneering communications organization may not
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accept a contribution from an organization exempt from taxation
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under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
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than a political committee, committee of continuous existence, or
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political party, unless the contributing organization has
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registered as if the organization were an electioneering
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communications organization pursuant to s. 106.03 and has filed
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all campaign finance reports required of electioneering
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(7)(6)(a) A political party may not accept any contribution
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that has been specifically designated for the partial or
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exclusive use of a particular candidate. Any contribution so
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designated must be returned to the contributor and may not be
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used or expended by or on behalf of the candidate.
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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 at the time
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the regular reports of contributions and expenditures required
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under s. 106.29 are filed by the state executive committee and
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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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(8)(7)(a) Any person who knowingly and willfully makes or
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accepts no more than one contribution in violation of subsection
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(1), subsection (2), or subsection (6) (5), or any person who
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knowingly and willfully fails or refuses to return any
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contribution as required in subsection (4) (3), commits a
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misdemeanor of the first degree, punishable as provided in s.
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business entity or any political party, political committee,
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committee of continuous existence, or electioneering
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communications organization is convicted of knowingly and
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willfully violating any provision punishable under this
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paragraph, it shall be fined not less than $1,000 and not more
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than $10,000. If it is a domestic entity, it may be ordered
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dissolved by a court of competent jurisdiction; if it is a
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foreign or nonresident business entity, its right to do business
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in this state may be forfeited. Any officer, partner, agent,
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attorney, or other representative of a corporation, partnership,
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or other business entity, or of a political party, political
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committee, committee of continuous existence, electioneering
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communications organization, or organization exempt from taxation
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under s. 527 or s. 501(c)(4) of the Internal Revenue Code, who
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aids, abets, advises, or participates in a violation of any
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provision punishable under this paragraph commits a misdemeanor
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of the first degree, punishable as provided in s. 775.082 or s.
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(b) Any person who knowingly and willfully makes or accepts
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two or more contributions in violation of subsection (1),
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subsection (2), or subsection (6), or any combination thereof,
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(5) commits a felony of the third degree, punishable as provided
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partnership, or other business entity or any political party,
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political committee, committee of continuous existence, or
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electioneering communications organization is convicted of
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knowingly and willfully violating any provision punishable under
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this paragraph, it shall be fined not less than $10,000 and not
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more than $50,000. If it is a domestic entity, it may be ordered
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dissolved by a court of competent jurisdiction; if it is a
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foreign or nonresident business entity, its right to do business
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in this state may be forfeited. Any officer, partner, agent,
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attorney, or other representative of a corporation, partnership,
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or other business entity, or of a political committee, committee
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of continuous existence, political party, or electioneering
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communications organization, or organization exempt from taxation
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under s. 527 or s. 501(c)(4) of the Internal Revenue Code, who
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aids, abets, advises, or participates in a violation of any
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provision punishable under this paragraph commits a felony of the
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or s. 775.084.
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(9)(8) Except when otherwise provided in subsection (8)
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(7), any person who knowingly and willfully violates any
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provision of this section shall, in addition to any other penalty
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prescribed by this chapter, pay to the state a sum equal to twice
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the amount contributed in violation of this chapter. Each
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campaign treasurer shall pay all amounts contributed in violation
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of this section to the state for deposit in the General Revenue
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Fund.
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(10)(9) This section does not apply to the transfer of
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funds between a primary campaign depository and a savings account
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or certificate of deposit or to any interest earned on such
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account or certificate.
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(11)(10) Contributions to a political committee or
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committee of continuous existence may be received by an
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affiliated organization and transferred to the bank account of
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the political committee or committee of continuous existence via
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check written from the affiliated organization if such
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contributions are specifically identified as intended to be
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contributed to the political committee or committee of continuous
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existence. All contributions received in this manner shall be
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reported pursuant to s. 106.07 by the political committee or
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committee of continuous existence as having been made by the
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original contributor.
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Section 3. Subsection (5) of section 106.04, Florida
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Statutes, is amended to read:
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106.04 Committees of continuous existence.--
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(5) No committee of continuous existence shall make an
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electioneering communication, contribute to any candidate or
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political committee an amount in excess of the limits contained
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in s. 106.08(1), contribute to any political party committee an
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amount in excess of the limits contained in s. 106.08(2), or
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participate in any activity which is prohibited by this chapter.
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If any violation occurs, it shall be punishable as provided in
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this chapter for the given offense. No funds of a committee of
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continuous existence shall be expended on behalf of a candidate,
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except by means of a contribution made through the duly appointed
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campaign treasurer of a candidate. No such committee shall make
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expenditures in support of, or in opposition to, an issue unless
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such committee first registers as a political committee pursuant
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to this chapter and undertakes all the practices and procedures
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required thereof; provided such committee may make contributions
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in a total amount not to exceed 25 percent of its aggregate
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income, as reflected in the annual report filed for the previous
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year, to one or more political committees registered pursuant to
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s. 106.03 and formed to support or oppose issues.
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Section 4. Paragraph (a) of subsection (1) of section
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106.087, Florida Statutes, is amended to read:
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106.087 Independent expenditures; contribution limits;
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restrictions on political parties, political committees, and
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committees of continuous existence.--
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(1)(a) As a condition of receiving a rebate of filing fees
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and party assessment funds pursuant to s. 99.061(2), s.
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of a state or county executive committee shall take and subscribe
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to an oath or affirmation in writing. During the qualifying
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period for state candidates and prior to distribution of such
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funds, a printed copy of the oath or affirmation shall be filed
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with the Secretary of State and shall be substantially in the
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following form:
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State of Florida
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County of_____
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Before me, an officer authorized to administer oaths,
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personally appeared (name) , to me well known, who, being
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sworn, says that he or she is the (title) of the (name of
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party) (state or specified county) executive committee;
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that the executive committee has not made, either directly or
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indirectly, an independent expenditure in support of or
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opposition to a candidate or elected public official in the prior
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6 months; that the executive committee will not make, either
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directly or indirectly, an independent expenditure in support of
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or opposition to a candidate or elected public official, through
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and including the upcoming general election; and that the
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executive committee will not violate the contribution limits
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Statutes.
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(Signature of committee officer)
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(Address)
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Sworn to and subscribed before me this _____ day of _____,
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(year) , at _____ County, Florida.
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(Signature and title of officer administering oath)
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Section 5. Subsections (1) and (6) of section 106.29,
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Florida Statutes, are amended to read:
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106.29 Reports by political parties; restrictions on
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contributions and expenditures; penalties.--
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(1) The state executive committee and each county executive
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committee of each political party regulated by chapter 103 shall
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file regular reports of all contributions received and all
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expenditures made by such committee. Such reports shall contain
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the same information as do reports required of candidates by s.
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106.07 and shall be filed on the 10th day following the end of
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each calendar quarter, except that, during the period from the
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last day for candidate qualifying until the general election,
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such reports shall be filed on the Friday immediately preceding
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both the primary election and the general election. In addition
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to the reports filed under this section, the state executive
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committee and each county executive committee shall file a copy
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of each prior written acceptance of an in-kind contribution given
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by the committee during the preceding calendar quarter as
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committee shall file the original and one copy of its reports
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with the Division of Elections. Each county executive committee
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shall file its reports with the supervisor of elections in the
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county in which such committee exists. Any state or county
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executive committee failing to file a report on the designated
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due date shall be subject to a fine as provided in subsection
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(3). No separate fine shall be assessed for failure to file a
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copy of any report required by this section.
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(6)(a) The national, state, and county executive committees
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of a political party may not contribute to any candidate any
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amount in excess of the limits contained in s. 106.08(3) s.
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106.08(2), and all contributions required to be reported under s.
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political party shall be reported by the state executive
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committee of that political party.
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(b) A violation of the contribution limits contained in s.
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penalty equal to three times the amount in excess of the limits
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any executive committee found in violation thereof.
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Section 6. This act shall take effect January 1, 2009.
CODING: Words stricken are deletions; words underlined are additions.