| 1 | A bill to be entitled |
| 2 | An act relating to public campaign financing; repealing |
| 3 | ss. 106.30-106.36, F.S., the "Florida Election Campaign |
| 4 | Financing Act"; amending ss. 106.07, 106.141, 106.22, |
| 5 | 106.265, 320.02, 322.08, 328.72, and 607.1622, F.S.; |
| 6 | deleting references to the Election Campaign Financing |
| 7 | Trust Fund, which expired, effective November 4, 1996, |
| 8 | by operation of s. 19(f), Art. III of the State |
| 9 | Constitution; amending ss. 320.27, 765.5215, and |
| 10 | 765.5216, F.S.; correcting cross-references; providing a |
| 11 | contingent effective date. |
| 12 |
|
| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
|
| 15 | Section 1. Sections 106.30, 106.31, 106.32, 106.33, |
| 16 | 106.34, 106.35, 106.353, 106.355, and 106.36, Florida |
| 17 | Statutes, are repealed. |
| 18 | Section 2. Subsection (1) of section 106.07, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 106.07 Reports; certification and filing.-- |
| 21 | (1) Each campaign treasurer designated by a candidate or |
| 22 | political committee pursuant to s. 106.021 shall file regular |
| 23 | reports of all contributions received, and all expenditures |
| 24 | made, by or on behalf of such candidate or political |
| 25 | committee. Reports shall be filed on the 10th day following |
| 26 | the end of each calendar quarter from the time the campaign |
| 27 | treasurer is appointed, except that, if the 10th day following |
| 28 | the end of a calendar quarter occurs on a Saturday, Sunday, or |
| 29 | legal holiday, the report shall be filed on the next following |
| 30 | day which is not a Saturday, Sunday, or legal holiday. |
| 31 | Quarterly reports shall include all contributions received and |
| 32 | expenditures made during the calendar quarter which have not |
| 33 | otherwise been reported pursuant to this section. |
| 34 | (a) Except as provided in paragraph (b), Following the |
| 35 | last day of qualifying for office, the reports shall be filed |
| 36 | on the 32nd, 18th, and 4th days immediately preceding the |
| 37 | primary and on the 46th, 32nd, 18th, and 4th days immediately |
| 38 | preceding the election, for a candidate who is opposed in |
| 39 | seeking nomination or election to any office, for a political |
| 40 | committee, or for a committee of continuous existence. |
| 41 | (b) Following the last day of qualifying for office, any |
| 42 | statewide candidate who has requested to receive contributions |
| 43 | from the Election Campaign Financing Trust Fund or any |
| 44 | statewide candidate in a race with a candidate who has |
| 45 | requested to receive contributions from the trust fund shall |
| 46 | file reports on the 4th, 11th, 18th, 25th, and 32nd days prior |
| 47 | to the primary election, and on the 4th, 11th, 18th, 25th, |
| 48 | 32nd, 39th, 46th, and 53rd days prior to the general election. |
| 49 | (b)(c) Following the last day of qualifying for office, |
| 50 | any unopposed candidate need only file a report within 90 days |
| 51 | after the date such candidate became unopposed. Such report |
| 52 | shall contain all previously unreported contributions and |
| 53 | expenditures as required by this section and shall reflect |
| 54 | disposition of funds as required by s. 106.141. |
| 55 | (c)(d)1. When a special election is called to fill a |
| 56 | vacancy in office, all political committees and committees of |
| 57 | continuous existence making contributions or expenditures to |
| 58 | influence the results of such special election shall file |
| 59 | campaign treasurers' reports with the filing officer on the |
| 60 | dates set by the Department of State pursuant to s. 100.111. |
| 61 | 2. When an election is called for an issue to appear on |
| 62 | the ballot at a time when no candidates are scheduled to |
| 63 | appear on the ballot, all political committees making |
| 64 | contributions or expenditures in support of or in opposition |
| 65 | to such issue shall file reports on the 18th and 4th days |
| 66 | prior to such election. |
| 67 | (d)(e) The filing officer shall provide each candidate |
| 68 | with a schedule designating the beginning and end of reporting |
| 69 | periods as well as the corresponding designated due dates. |
| 70 | Section 3. Subsection (4) of section 106.141, Florida |
| 71 | Statutes, is amended to read: |
| 72 | 106.141 Disposition of surplus funds by candidates.-- |
| 73 | (4)(a) Except as provided in paragraph (b), Any |
| 74 | candidate required to dispose of funds pursuant to this |
| 75 | section shall, at the option of the candidate, dispose of such |
| 76 | funds by any of the following means, or any combination |
| 77 | thereof: |
| 78 | (a)1. Return pro rata to each contributor the funds that |
| 79 | have not been spent or obligated. |
| 80 | (b)2. Donate the funds that have not been spent or |
| 81 | obligated to a charitable organization or organizations that |
| 82 | meet the qualifications of s. 501(c)(3) of the Internal |
| 83 | Revenue Code. |
| 84 | (c)3. Give not more than $10,000 of the funds that have |
| 85 | not been spent or obligated to the political party of which |
| 86 | such candidate is a member, except that a candidate for the |
| 87 | Florida Senate may give not more than $30,000 of such funds to |
| 88 | the political party of which the candidate is a member. |
| 89 | (d)4. Give the funds that have not been spent or |
| 90 | obligated: |
| 91 | 1.a. In the case of a candidate for state office, to the |
| 92 | state, to be deposited in either the Election Campaign |
| 93 | Financing Trust Fund or the General Revenue Fund, as |
| 94 | designated by the candidate; or |
| 95 | 2.b. In the case of a candidate for an office of a |
| 96 | political subdivision, to such political subdivision, to be |
| 97 | deposited in the general fund thereof. |
| 98 | (b) Any candidate required to dispose of funds pursuant |
| 99 | to this section who has received contributions from the |
| 100 | Election Campaign Financing Trust Fund shall return all |
| 101 | surplus campaign funds to the Election Campaign Financing |
| 102 | Trust Fund. |
| 103 | Section 4. Subsection (6) of section 106.22, Florida |
| 104 | Statutes, is amended to read: |
| 105 | 106.22 Duties of the Division of Elections.--It is the |
| 106 | duty of the Division of Elections to: |
| 107 | (6) Make, from time to time, audits and field |
| 108 | investigations with respect to reports and statements filed |
| 109 | under the provisions of this chapter and with respect to |
| 110 | alleged failures to file any report or statement required |
| 111 | under the provisions of this chapter. The division shall |
| 112 | conduct a postelection audit of the campaign accounts of all |
| 113 | candidates receiving contributions from the Election Campaign |
| 114 | Financing Trust Fund. |
| 115 | Section 5. Subsections (3), (4), and (5) of section |
| 116 | 106.265, Florida Statutes, are amended to read: |
| 117 | 106.265 Civil penalties.-- |
| 118 | (3) Any civil penalty collected pursuant to the |
| 119 | provisions of this section shall be deposited into the General |
| 120 | Revenue Election Campaign Financing Trust Fund. |
| 121 | (4) Notwithstanding any other provisions of this |
| 122 | chapter, any fine assessed pursuant to the provisions of this |
| 123 | chapter, which fine is designated to be deposited or which |
| 124 | would otherwise be deposited into the General Revenue Fund of |
| 125 | the state, shall be deposited into the Election Campaign |
| 126 | Financing Trust Fund. |
| 127 | (4)(5) In any case in which the commission determines |
| 128 | that a person has filed a complaint against another person |
| 129 | with a malicious intent to injure the reputation of the person |
| 130 | complained against by filing the complaint with knowledge that |
| 131 | the complaint contains one or more false allegations or with |
| 132 | reckless disregard for whether the complaint contains false |
| 133 | allegations of fact material to a violation of this chapter or |
| 134 | chapter 104, the complainant shall be liable for costs and |
| 135 | reasonable attorney's fees incurred in the defense of the |
| 136 | person complained against, including the costs and reasonable |
| 137 | attorney's fees incurred in proving entitlement to and the |
| 138 | amount of costs and fees. If the complainant fails to pay such |
| 139 | costs and fees voluntarily within 30 days following such |
| 140 | finding by the commission, the commission shall forward such |
| 141 | information to the Department of Legal Affairs, which shall |
| 142 | bring a civil action in a court of competent jurisdiction to |
| 143 | recover the amount of such costs and fees awarded by the |
| 144 | commission. |
| 145 | Section 6. Subsections (14) through (17) of section |
| 146 | 320.02, Florida Statutes, are renumbered as subsections (13) |
| 147 | through (16), respectively, and present subsection (13) of |
| 148 | that section is amended to read: |
| 149 | 320.02 Registration required; application for |
| 150 | registration; forms.-- |
| 151 | (13) The application form for motor vehicle registration |
| 152 | shall include language permitting a voluntary contribution of |
| 153 | $5 per applicant, which contribution shall be transferred into |
| 154 | the Election Campaign Financing Trust Fund. A statement |
| 155 | providing an explanation of the purpose of the trust fund |
| 156 | shall also be included. |
| 157 | Section 7. Paragraph (b) of subsection (9) of section |
| 158 | 320.27, Florida Statutes, is amended to read: |
| 159 | 320.27 Motor vehicle dealers.-- |
| 160 | (9) DENIAL, SUSPENSION, OR REVOCATION.-- |
| 161 | (b) The department may deny, suspend, or revoke any |
| 162 | license issued hereunder or under the provisions of s. 320.77 |
| 163 | or s. 320.771 upon proof that a licensee has committed, with |
| 164 | sufficient frequency so as to establish a pattern of |
| 165 | wrongdoing on the part of a licensee, violations of one or |
| 166 | more of the following activities: |
| 167 | 1. Representation that a demonstrator is a new motor |
| 168 | vehicle, or the attempt to sell or the sale of a demonstrator |
| 169 | as a new motor vehicle without written notice to the purchaser |
| 170 | that the vehicle is a demonstrator. For the purposes of this |
| 171 | section, a "demonstrator," a "new motor vehicle," and a "used |
| 172 | motor vehicle" shall be defined as under s. 320.60. |
| 173 | 2. Unjustifiable refusal to comply with a licensee's |
| 174 | responsibility under the terms of the new motor vehicle |
| 175 | warranty issued by its respective manufacturer, distributor, |
| 176 | or importer. However, if such refusal is at the direction of |
| 177 | the manufacturer, distributor, or importer, such refusal shall |
| 178 | not be a ground under this section. |
| 179 | 3. Misrepresentation or false, deceptive, or misleading |
| 180 | statements with regard to the sale or financing of motor |
| 181 | vehicles which any motor vehicle dealer has, or causes to |
| 182 | have, advertised, printed, displayed, published, distributed, |
| 183 | broadcast, televised, or made in any manner with regard to the |
| 184 | sale or financing of motor vehicles. |
| 185 | 4. Failure by any motor vehicle dealer to provide a |
| 186 | customer or purchaser with an odometer disclosure statement |
| 187 | and a copy of any bona fide written, executed sales contract |
| 188 | or agreement of purchase connected with the purchase of the |
| 189 | motor vehicle purchased by the customer or purchaser. |
| 190 | 5. Failure of any motor vehicle dealer to comply with |
| 191 | the terms of any bona fide written, executed agreement, |
| 192 | pursuant to the sale of a motor vehicle. |
| 193 | 6. Failure to apply for transfer of a title as |
| 194 | prescribed in s. 319.23(6). |
| 195 | 7. Use of the dealer license identification number by |
| 196 | any person other than the licensed dealer or his or her |
| 197 | designee. |
| 198 | 8. Failure to continually meet the requirements of the |
| 199 | licensure law. |
| 200 | 9. Representation to a customer or any advertisement to |
| 201 | the public representing or suggesting that a motor vehicle is |
| 202 | a new motor vehicle if such vehicle lawfully cannot be titled |
| 203 | in the name of the customer or other member of the public by |
| 204 | the seller using a manufacturer's statement of origin as |
| 205 | permitted in s. 319.23(1). |
| 206 | 10. Requirement by any motor vehicle dealer that a |
| 207 | customer or purchaser accept equipment on his or her motor |
| 208 | vehicle which was not ordered by the customer or purchaser. |
| 209 | 11. Requirement by any motor vehicle dealer that any |
| 210 | customer or purchaser finance a motor vehicle with a specific |
| 211 | financial institution or company. |
| 212 | 12. Requirement by any motor vehicle dealer that the |
| 213 | purchaser of a motor vehicle contract with the dealer for |
| 214 | physical damage insurance. |
| 215 | 13. Perpetration of a fraud upon any person as a result |
| 216 | of dealing in motor vehicles, including, without limitation, |
| 217 | the misrepresentation to any person by the licensee of the |
| 218 | licensee's relationship to any manufacturer, importer, or |
| 219 | distributor. |
| 220 | 14. Violation of any of the provisions of s. 319.35 by |
| 221 | any motor vehicle dealer. |
| 222 | 15. Sale by a motor vehicle dealer of a vehicle offered |
| 223 | in trade by a customer prior to consummation of the sale, |
| 224 | exchange, or transfer of a newly acquired vehicle to the |
| 225 | customer, unless the customer provides written authorization |
| 226 | for the sale of the trade-in vehicle prior to delivery of the |
| 227 | newly acquired vehicle. |
| 228 | 16. Willful failure to comply with any administrative |
| 229 | rule adopted by the department or the provisions of s. |
| 230 | 320.131(8). |
| 231 | 17. Violation of chapter 319, this chapter, or ss. |
| 232 | 559.901-559.9221, which has to do with dealing in or repairing |
| 233 | motor vehicles or mobile homes. Additionally, in the case of |
| 234 | used motor vehicles, the willful violation of the federal law |
| 235 | and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining |
| 236 | to the consumer sales window form. |
| 237 | 18. Failure to maintain evidence of notification to the |
| 238 | owner or coowner of a vehicle regarding registration or |
| 239 | titling fees owed as required in s. 320.02(16)(17). |
| 240 | 19. Failure to register a mobile home salesperson with |
| 241 | the department as required by this section. |
| 242 | Section 8. Subsection (6) of section 322.08, Florida |
| 243 | Statutes, is amended to read: |
| 244 | 322.08 Application for license.-- |
| 245 | (6) The application form for a driver's license or |
| 246 | duplicate thereof shall include language permitting the |
| 247 | following: |
| 248 | (a) A voluntary contribution of $5 per applicant, which |
| 249 | contribution shall be transferred into the Election Campaign |
| 250 | Financing Trust Fund. |
| 251 | (a)(b) A voluntary contribution of $1 per applicant, |
| 252 | which contribution shall be deposited into the Florida Organ |
| 253 | and Tissue Donor Education and Procurement Trust Fund for |
| 254 | organ and tissue donor education and for maintaining the organ |
| 255 | and tissue donor registry. |
| 256 | (b)(c) A voluntary contribution of $1 per applicant, |
| 257 | which contribution shall be distributed to the Florida Council |
| 258 | of the Blind. |
| 259 | (c)(d) A voluntary contribution of $2 per applicant, |
| 260 | which shall be distributed to the Hearing Research Institute, |
| 261 | Incorporated. |
| 262 | (d)(e) A voluntary contribution of $1 per applicant, |
| 263 | which shall be distributed to the Juvenile Diabetes Foundation |
| 264 | International. |
| 265 | (e)(f) A voluntary contribution of $1 per applicant, |
| 266 | which shall be distributed to the Children's Hearing Help |
| 267 | Fund. |
| 268 |
|
| 269 | A statement providing an explanation of the purpose of the |
| 270 | trust funds shall also be included. For the purpose of |
| 271 | applying the service charge provided in s. 215.20, |
| 272 | contributions received under paragraphs (b), (c), (d), and |
| 273 | (e), and (f) and under s. 322.18(9)(a) are not income of a |
| 274 | revenue nature. |
| 275 | Section 9. Subsection (11) of section 328.72, Florida |
| 276 | Statutes, is amended to read: |
| 277 | 328.72 Classification; registration; fees and charges; |
| 278 | surcharge; disposition of fees; fines; marine turtle |
| 279 | stickers.-- |
| 280 | (11) VOLUNTARY CONTRIBUTIONS.--The application form for |
| 281 | boat registration shall include a provision to allow each |
| 282 | applicant to indicate a desire to pay an additional voluntary |
| 283 | contribution to the Save the Manatee Trust Fund to be used for |
| 284 | the purposes specified in s. 370.12(4). This contribution |
| 285 | shall be in addition to all other fees and charges. The amount |
| 286 | of the request for a voluntary contribution solicited shall be |
| 287 | $2 or $5 per registrant. A registrant who provides a voluntary |
| 288 | contribution of $5 or more shall be given a sticker or emblem |
| 289 | by the tax collector to display, which signifies support for |
| 290 | the Save the Manatee Trust Fund. All voluntary contributions |
| 291 | shall be deposited in the Save the Manatee Trust Fund and |
| 292 | shall be used for the purposes specified in s. 370.12(4). The |
| 293 | form shall also include language permitting a voluntary |
| 294 | contribution of $5 per applicant, which contribution shall be |
| 295 | transferred into the Election Campaign Financing Trust Fund. A |
| 296 | statement providing an explanation of the purpose of the trust |
| 297 | fund shall also be included. |
| 298 | Section 10. Subsection (1) of section 607.1622, Florida |
| 299 | Statutes, is amended to read: |
| 300 | 607.1622 Annual report for Department of State.-- |
| 301 | (1) Each domestic corporation and each foreign |
| 302 | corporation authorized to transact business in this state |
| 303 | shall deliver to the Department of State for filing a sworn |
| 304 | annual report on such forms as the Department of State |
| 305 | prescribes that sets forth: |
| 306 | (a) The name of the corporation and the state or country |
| 307 | under the law of which it is incorporated.; |
| 308 | (b) The date of incorporation or, if a foreign |
| 309 | corporation, the date on which it was admitted to do business |
| 310 | in this state.; |
| 311 | (c) The address of its principal office and the mailing |
| 312 | address of the corporation.; |
| 313 | (d) The corporation's federal employer identification |
| 314 | number, if any, or, if none, whether one has been applied |
| 315 | for.; |
| 316 | (e) The names and business street addresses of its |
| 317 | directors and principal officers.; |
| 318 | (f) The street address of its registered office and the |
| 319 | name of its registered agent at that office in this state.; |
| 320 | (g) Language permitting a voluntary contribution of $5 |
| 321 | per taxpayer, which contribution shall be transferred into the |
| 322 | Election Campaign Financing Trust Fund. A statement providing |
| 323 | an explanation of the purpose of the trust fund shall also be |
| 324 | included; and |
| 325 | (g)(h) Such additional information as may be necessary |
| 326 | or appropriate to enable the Department of State to carry out |
| 327 | the provisions of this act. |
| 328 | Section 11. Subsection (1) of section 765.5215, Florida |
| 329 | Statutes, is amended to read: |
| 330 | 765.5215 Education program relating to anatomical |
| 331 | gifts.--The Agency for Health Care Administration, subject to |
| 332 | the concurrence of the Department of Highway Safety and Motor |
| 333 | Vehicles, shall develop a continuing program to educate and |
| 334 | inform medical professionals, law enforcement agencies and |
| 335 | officers, high school children, state and local government |
| 336 | employees, and the public regarding the laws of this state |
| 337 | relating to anatomical gifts and the need for anatomical |
| 338 | gifts. |
| 339 | (1) The program is to be implemented with the assistance |
| 340 | of the organ and tissue donor education panel as provided in |
| 341 | s. 765.5216 and with the funds collected under ss. 320.08047 |
| 342 | and 322.08(6)(a)(b). Existing community resources, when |
| 343 | available, must be used to support the program, and volunteers |
| 344 | may assist the program to the maximum extent possible. The |
| 345 | Agency for Health Care Administration may contract for the |
| 346 | provision of all or any portion of the program. When awarding |
| 347 | such contract, the agency shall give priority to existing |
| 348 | nonprofit groups that are located within the community, |
| 349 | including within the minority communities specified in |
| 350 | subsection (2). The program aimed at educating medical |
| 351 | professionals may be implemented by contract with one or more |
| 352 | medical schools located in the state. |
| 353 | Section 12. Subsection (1) of section 765.5216, Florida |
| 354 | Statutes, is amended to read: |
| 355 | 765.5216 Organ and tissue donor education panel.-- |
| 356 | (1) The Legislature recognizes that there exists in the |
| 357 | state a shortage of organ and tissue donors to provide the |
| 358 | organs and tissue that could save lives or enhance the quality |
| 359 | of life for many Floridians. The Legislature further |
| 360 | recognizes the need to encourage the various minority |
| 361 | populations of Florida to donate organs and tissue. It is the |
| 362 | intent of the Legislature that the funds collected pursuant to |
| 363 | ss. 320.08047 and 322.08(6)(a)(b) be used for educational |
| 364 | purposes aimed at increasing the number of organ and tissue |
| 365 | donors, thus affording more Floridians who are awaiting organ |
| 366 | or tissue transplants the opportunity for a full and |
| 367 | productive life. |
| 368 | Section 13. This act shall take effect on the effective |
| 369 | date of an amendment to the State Constitution approved by the |
| 370 | electors at the general election to be held in November 2008 |
| 371 | which authorizes, or removes impediment to, enactment by the |
| 372 | Legislature of the provisions of this act. |