| 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, by |
| 8 | operation of s. 19(f), Art. III of the State Constitution; |
| 9 | amending ss. 320.27, 765.5215, and 765.5216, F.S.; |
| 10 | correcting cross-references; amending s. 106.34, F.S.; |
| 11 | revising expenditure limits for certain candidates for |
| 12 | statewide office; providing contingent effective dates. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Sections 106.30, 106.31, 106.32, 106.33, |
| 17 | 106.34, 106.35, 106.353, 106.355, and 106.36, Florida Statutes, |
| 18 | are repealed. |
| 19 | Section 2. Subsection (1) of section 106.07, Florida |
| 20 | Statutes, is amended to read: |
| 21 | 106.07 Reports; certification and filing.-- |
| 22 | (1) Each campaign treasurer designated by a candidate or |
| 23 | political committee pursuant to s. 106.021 shall file regular |
| 24 | reports of all contributions received, and all expenditures |
| 25 | made, by or on behalf of such candidate or political committee. |
| 26 | Reports shall be filed on the 10th day following the end of each |
| 27 | calendar quarter from the time the campaign treasurer is |
| 28 | appointed, except that, if the 10th day following the end of a |
| 29 | calendar quarter occurs on a Saturday, Sunday, or legal holiday, |
| 30 | the report shall be filed on the next following day which is not |
| 31 | a Saturday, Sunday, or legal holiday. Quarterly reports shall |
| 32 | include all contributions received and expenditures made during |
| 33 | the calendar quarter which have not otherwise been reported |
| 34 | pursuant to this section. |
| 35 | (a) Except as provided in paragraph (b), Following the |
| 36 | last day of qualifying for office, the reports shall be filed on |
| 37 | the 32nd, 18th, and 4th days immediately preceding the primary |
| 38 | and on the 46th, 32nd, 18th, and 4th days immediately preceding |
| 39 | the election, for a candidate who is opposed in seeking |
| 40 | nomination or election to any office, for a political committee, |
| 41 | or for a committee of continuous existence. |
| 42 | (b) Following the last day of qualifying for office, any |
| 43 | statewide candidate who has requested to receive contributions |
| 44 | from the Election Campaign Financing Trust Fund or any statewide |
| 45 | candidate in a race with a candidate who has requested to |
| 46 | receive contributions from the trust fund shall file reports on |
| 47 | the 4th, 11th, 18th, 25th, and 32nd days prior to the primary |
| 48 | election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, |
| 49 | and 53rd days prior to the general election. |
| 50 | (b)(c) Following the last day of qualifying for office, |
| 51 | any unopposed candidate need only file a report within 90 days |
| 52 | after the date such candidate became unopposed. Such report |
| 53 | shall contain all previously unreported contributions and |
| 54 | expenditures as required by this section and shall reflect |
| 55 | disposition of funds as required by s. 106.141. |
| 56 | (c)(d)1. When a special election is called to fill a |
| 57 | vacancy in office, all political committees and committees of |
| 58 | continuous existence making contributions or expenditures to |
| 59 | influence the results of such special election shall file |
| 60 | campaign treasurers' reports with the filing officer on the |
| 61 | dates set by the Department of State pursuant to s. 100.111. |
| 62 | 2. When an election is called for an issue to appear on |
| 63 | the ballot at a time when no candidates are scheduled to appear |
| 64 | on the ballot, all political committees making contributions or |
| 65 | expenditures in support of or in opposition to such issue shall |
| 66 | file reports on the 18th and 4th days 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 candidate |
| 74 | required to dispose of funds pursuant to this section shall, at |
| 75 | the option of the candidate, dispose of such funds by any of the |
| 76 | following means, or any combination thereof: |
| 77 | (a)1. Return pro rata to each contributor the funds that |
| 78 | have not been spent or obligated. |
| 79 | (b)2. Donate the funds that have not been spent or |
| 80 | obligated to a charitable organization or organizations that |
| 81 | meet the qualifications of s. 501(c)(3) of the Internal Revenue |
| 82 | Code. |
| 83 | (c)3. Give not more than $10,000 of the funds that have |
| 84 | not been spent or obligated to the political party of which such |
| 85 | candidate is a member, except that a candidate for the Florida |
| 86 | Senate may give not more than $30,000 of such funds to the |
| 87 | political party of which the candidate is a member. |
| 88 | (d)4. Give the funds that have not been spent or |
| 89 | obligated: |
| 90 | 1.a. In the case of a candidate for state office, to the |
| 91 | state, to be deposited in either the Election Campaign Financing |
| 92 | Trust Fund or the General Revenue Fund, as designated by the |
| 93 | candidate; or |
| 94 | 2.b. In the case of a candidate for an office of a |
| 95 | political subdivision, to such political subdivision, to be |
| 96 | deposited in the general fund thereof. |
| 97 | (b) Any candidate required to dispose of funds pursuant to |
| 98 | this section who has received contributions from the Election |
| 99 | Campaign Financing Trust Fund shall return all surplus campaign |
| 100 | funds to the Election Campaign Financing Trust Fund. |
| 101 | Section 4. Subsection (6) of section 106.22, Florida |
| 102 | Statutes, is amended to read: |
| 103 | 106.22 Duties of the Division of Elections.--It is the |
| 104 | duty of the Division of Elections to: |
| 105 | (6) Make, from time to time, audits and field |
| 106 | investigations with respect to reports and statements filed |
| 107 | under the provisions of this chapter and with respect to alleged |
| 108 | failures to file any report or statement required under the |
| 109 | provisions of this chapter. The division shall conduct a |
| 110 | postelection audit of the campaign accounts of all candidates |
| 111 | receiving contributions from the Election Campaign Financing |
| 112 | Trust Fund. |
| 113 | Section 5. Subsections (3), (4), and (5) of section |
| 114 | 106.265, Florida Statutes, are amended to read: |
| 115 | 106.265 Civil penalties.-- |
| 116 | (3) Any civil penalty collected pursuant to the provisions |
| 117 | of this section shall be deposited into the General Revenue |
| 118 | Election Campaign Financing Trust Fund. |
| 119 | (4) Notwithstanding any other provisions of this chapter, |
| 120 | any fine assessed pursuant to the provisions of this chapter, |
| 121 | which fine is designated to be deposited or which would |
| 122 | otherwise be deposited into the General Revenue Fund of the |
| 123 | state, shall be deposited into the Election Campaign Financing |
| 124 | Trust Fund. |
| 125 | (4)(5) In any case in which the commission determines that |
| 126 | a person has filed a complaint against another person with a |
| 127 | malicious intent to injure the reputation of the person |
| 128 | complained against by filing the complaint with knowledge that |
| 129 | the complaint contains one or more false allegations or with |
| 130 | reckless disregard for whether the complaint contains false |
| 131 | allegations of fact material to a violation of this chapter or |
| 132 | chapter 104, the complainant shall be liable for costs and |
| 133 | reasonable attorney's fees incurred in the defense of the person |
| 134 | complained against, including the costs and reasonable |
| 135 | attorney's fees incurred in proving entitlement to and the |
| 136 | amount of costs and fees. If the complainant fails to pay such |
| 137 | costs and fees voluntarily within 30 days following such finding |
| 138 | by the commission, the commission shall forward such information |
| 139 | to the Department of Legal Affairs, which shall bring a civil |
| 140 | action in a court of competent jurisdiction to recover the |
| 141 | amount of such costs and fees awarded by the commission. |
| 142 | Section 6. Subsections (14) through (17) of section |
| 143 | 320.02, Florida Statutes, are renumbered as subsections (13) |
| 144 | through (16), respectively, and present subsection (13) of that |
| 145 | section is amended to read: |
| 146 | 320.02 Registration required; application for |
| 147 | registration; forms.-- |
| 148 | (13) The application form for motor vehicle registration |
| 149 | shall include language permitting a voluntary contribution of $5 |
| 150 | per applicant, which contribution shall be transferred into the |
| 151 | Election Campaign Financing Trust Fund. A statement providing an |
| 152 | explanation of the purpose of the trust fund shall also be |
| 153 | included. |
| 154 | Section 7. Paragraph (b) of subsection (9) of section |
| 155 | 320.27, Florida Statutes, is amended to read: |
| 156 | 320.27 Motor vehicle dealers.-- |
| 157 | (9) DENIAL, SUSPENSION, OR REVOCATION.-- |
| 158 | (b) The department may deny, suspend, or revoke any |
| 159 | license issued hereunder or under the provisions of s. 320.77 or |
| 160 | s. 320.771 upon proof that a licensee has committed, with |
| 161 | sufficient frequency so as to establish a pattern of wrongdoing |
| 162 | on the part of a licensee, violations of one or more of the |
| 163 | following activities: |
| 164 | 1. Representation that a demonstrator is a new motor |
| 165 | vehicle, or the attempt to sell or the sale of a demonstrator as |
| 166 | a new motor vehicle without written notice to the purchaser that |
| 167 | the vehicle is a demonstrator. For the purposes of this section, |
| 168 | a "demonstrator," a "new motor vehicle," and a "used motor |
| 169 | vehicle" shall be defined as under s. 320.60. |
| 170 | 2. Unjustifiable refusal to comply with a licensee's |
| 171 | responsibility under the terms of the new motor vehicle warranty |
| 172 | issued by its respective manufacturer, distributor, or importer. |
| 173 | However, if such refusal is at the direction of the |
| 174 | manufacturer, distributor, or importer, such refusal shall not |
| 175 | be a ground under this section. |
| 176 | 3. Misrepresentation or false, deceptive, or misleading |
| 177 | statements with regard to the sale or financing of motor |
| 178 | vehicles which any motor vehicle dealer has, or causes to have, |
| 179 | advertised, printed, displayed, published, distributed, |
| 180 | broadcast, televised, or made in any manner with regard to the |
| 181 | sale or financing of motor vehicles. |
| 182 | 4. Failure by any motor vehicle dealer to provide a |
| 183 | customer or purchaser with an odometer disclosure statement and |
| 184 | a copy of any bona fide written, executed sales contract or |
| 185 | agreement of purchase connected with the purchase of the motor |
| 186 | vehicle purchased by the customer or purchaser. |
| 187 | 5. Failure of any motor vehicle dealer to comply with the |
| 188 | terms of any bona fide written, executed agreement, pursuant to |
| 189 | the sale of a motor vehicle. |
| 190 | 6. Failure to apply for transfer of a title as prescribed |
| 191 | in s. 319.23(6). |
| 192 | 7. Use of the dealer license identification number by any |
| 193 | person other than the licensed dealer or his or her designee. |
| 194 | 8. Failure to continually meet the requirements of the |
| 195 | licensure law. |
| 196 | 9. Representation to a customer or any advertisement to |
| 197 | the public representing or suggesting that a motor vehicle is a |
| 198 | new motor vehicle if such vehicle lawfully cannot be titled in |
| 199 | the name of the customer or other member of the public by the |
| 200 | seller using a manufacturer's statement of origin as permitted |
| 201 | in s. 319.23(1). |
| 202 | 10. Requirement by any motor vehicle dealer that a |
| 203 | customer or purchaser accept equipment on his or her motor |
| 204 | vehicle which was not ordered by the customer or purchaser. |
| 205 | 11. Requirement by any motor vehicle dealer that any |
| 206 | customer or purchaser finance a motor vehicle with a specific |
| 207 | financial institution or company. |
| 208 | 12. Requirement by any motor vehicle dealer that the |
| 209 | purchaser of a motor vehicle contract with the dealer for |
| 210 | physical damage insurance. |
| 211 | 13. Perpetration of a fraud upon any person as a result of |
| 212 | dealing in motor vehicles, including, without limitation, the |
| 213 | misrepresentation to any person by the licensee of the |
| 214 | licensee's relationship to any manufacturer, importer, or |
| 215 | distributor. |
| 216 | 14. Violation of any of the provisions of s. 319.35 by any |
| 217 | motor vehicle dealer. |
| 218 | 15. Sale by a motor vehicle dealer of a vehicle offered in |
| 219 | trade by a customer prior to consummation of the sale, exchange, |
| 220 | or transfer of a newly acquired vehicle to the customer, unless |
| 221 | the customer provides written authorization for the sale of the |
| 222 | trade-in vehicle prior to delivery of the newly acquired |
| 223 | vehicle. |
| 224 | 16. Willful failure to comply with any administrative rule |
| 225 | adopted by the department or the provisions of s. 320.131(8). |
| 226 | 17. Violation of chapter 319, this chapter, or ss. |
| 227 | 559.901-559.9221, which has to do with dealing in or repairing |
| 228 | motor vehicles or mobile homes. Additionally, in the case of |
| 229 | used motor vehicles, the willful violation of the federal law |
| 230 | and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to |
| 231 | the consumer sales window form. |
| 232 | 18. Failure to maintain evidence of notification to the |
| 233 | owner or coowner of a vehicle regarding registration or titling |
| 234 | fees owed as required in s. 320.02(16)(17). |
| 235 | 19. Failure to register a mobile home salesperson with the |
| 236 | department as required by this section. |
| 237 | Section 8. Subsection (6) of section 322.08, Florida |
| 238 | Statutes, is amended to read: |
| 239 | 322.08 Application for license.-- |
| 240 | (6) The application form for a driver's license or |
| 241 | duplicate thereof shall include language permitting the |
| 242 | following: |
| 243 | (a) A voluntary contribution of $5 per applicant, which |
| 244 | contribution shall be transferred into the Election Campaign |
| 245 | Financing Trust Fund. |
| 246 | (a)(b) A voluntary contribution of $1 per applicant, which |
| 247 | contribution shall be deposited into the Florida Organ and |
| 248 | Tissue Donor Education and Procurement Trust Fund for organ and |
| 249 | tissue donor education and for maintaining the organ and tissue |
| 250 | donor registry. |
| 251 | (b)(c) A voluntary contribution of $1 per applicant, which |
| 252 | contribution shall be distributed to the Florida Council of the |
| 253 | Blind. |
| 254 | (c)(d) A voluntary contribution of $2 per applicant, which |
| 255 | shall be distributed to the Hearing Research Institute, |
| 256 | Incorporated. |
| 257 | (d)(e) A voluntary contribution of $1 per applicant, which |
| 258 | shall be distributed to the Juvenile Diabetes Foundation |
| 259 | International. |
| 260 | (e)(f) A voluntary contribution of $1 per applicant, which |
| 261 | shall be distributed to the Children's Hearing Help Fund. |
| 262 |
|
| 263 | A statement providing an explanation of the purpose of the trust |
| 264 | funds shall also be included. For the purpose of applying the |
| 265 | service charge provided in s. 215.20, contributions received |
| 266 | under paragraphs (b), (c), (d), and (e), and (f) and under s. |
| 267 | 322.18(9)(a) are not income of a revenue nature. |
| 268 | Section 9. Subsection (11) of section 328.72, Florida |
| 269 | Statutes, is amended to read: |
| 270 | 328.72 Classification; registration; fees and charges; |
| 271 | surcharge; disposition of fees; fines; marine turtle stickers.-- |
| 272 | (11) VOLUNTARY CONTRIBUTIONS.--The application form for |
| 273 | boat registration shall include a provision to allow each |
| 274 | applicant to indicate a desire to pay an additional voluntary |
| 275 | contribution to the Save the Manatee Trust Fund to be used for |
| 276 | the purposes specified in s. 370.12(4). This contribution shall |
| 277 | be in addition to all other fees and charges. The amount of the |
| 278 | request for a voluntary contribution solicited shall be $2 or $5 |
| 279 | per registrant. A registrant who provides a voluntary |
| 280 | contribution of $5 or more shall be given a sticker or emblem by |
| 281 | the tax collector to display, which signifies support for the |
| 282 | Save the Manatee Trust Fund. All voluntary contributions shall |
| 283 | be deposited in the Save the Manatee Trust Fund and shall be |
| 284 | used for the purposes specified in s. 370.12(4). The form shall |
| 285 | also include language permitting a voluntary contribution of $5 |
| 286 | per applicant, which contribution shall be transferred into the |
| 287 | Election Campaign Financing Trust Fund. A statement providing an |
| 288 | explanation of the purpose of the trust fund shall also be |
| 289 | included. |
| 290 | Section 10. Subsection (1) of section 607.1622, Florida |
| 291 | Statutes, is amended to read: |
| 292 | 607.1622 Annual report for Department of State.-- |
| 293 | (1) Each domestic corporation and each foreign corporation |
| 294 | authorized to transact business in this state shall deliver to |
| 295 | the Department of State for filing a sworn annual report on such |
| 296 | forms as the Department of State prescribes that sets forth: |
| 297 | (a) The name of the corporation and the state or country |
| 298 | under the law of which it is incorporated.; |
| 299 | (b) The date of incorporation or, if a foreign |
| 300 | corporation, the date on which it was admitted to do business in |
| 301 | this state.; |
| 302 | (c) The address of its principal office and the mailing |
| 303 | address of the corporation.; |
| 304 | (d) The corporation's federal employer identification |
| 305 | number, if any, or, if none, whether one has been applied for.; |
| 306 | (e) The names and business street addresses of its |
| 307 | directors and principal officers.; |
| 308 | (f) The street address of its registered office and the |
| 309 | name of its registered agent at that office in this state.; |
| 310 | (g) Language permitting a voluntary contribution of $5 per |
| 311 | taxpayer, which contribution shall be transferred into the |
| 312 | Election Campaign Financing Trust Fund. A statement providing an |
| 313 | explanation of the purpose of the trust fund shall also be |
| 314 | included; and |
| 315 | (g)(h) Such additional information as may be necessary or |
| 316 | appropriate to enable the Department of State to carry out the |
| 317 | provisions of this act. |
| 318 | Section 11. Subsection (1) of section 765.5215, Florida |
| 319 | Statutes, is amended to read: |
| 320 | 765.5215 Education program relating to anatomical |
| 321 | gifts.--The Agency for Health Care Administration, subject to |
| 322 | the concurrence of the Department of Highway Safety and Motor |
| 323 | Vehicles, shall develop a continuing program to educate and |
| 324 | inform medical professionals, law enforcement agencies and |
| 325 | officers, high school children, state and local government |
| 326 | employees, and the public regarding the laws of this state |
| 327 | relating to anatomical gifts and the need for anatomical gifts. |
| 328 | (1) The program is to be implemented with the assistance |
| 329 | of the organ and tissue donor education panel as provided in s. |
| 330 | 765.5216 and with the funds collected under ss. 320.08047 and |
| 331 | 322.08(6)(a)(b). Existing community resources, when available, |
| 332 | must be used to support the program, and volunteers may assist |
| 333 | the program to the maximum extent possible. The Agency for |
| 334 | Health Care Administration may contract for the provision of all |
| 335 | or any portion of the program. When awarding such contract, the |
| 336 | agency shall give priority to existing nonprofit groups that are |
| 337 | located within the community, including within the minority |
| 338 | communities specified in subsection (2). The program aimed at |
| 339 | educating medical professionals may be implemented by contract |
| 340 | with one or more medical schools located in the state. |
| 341 | Section 12. Subsection (1) of section 765.5216, Florida |
| 342 | Statutes, is amended to read: |
| 343 | 765.5216 Organ and tissue donor education panel.-- |
| 344 | (1) The Legislature recognizes that there exists in the |
| 345 | state a shortage of organ and tissue donors to provide the |
| 346 | organs and tissue that could save lives or enhance the quality |
| 347 | of life for many Floridians. The Legislature further recognizes |
| 348 | the need to encourage the various minority populations of |
| 349 | Florida to donate organs and tissue. It is the intent of the |
| 350 | Legislature that the funds collected pursuant to ss. 320.08047 |
| 351 | and 322.08(6)(a)(b) be used for educational purposes aimed at |
| 352 | increasing the number of organ and tissue donors, thus affording |
| 353 | more Floridians who are awaiting organ or tissue transplants the |
| 354 | opportunity for a full and productive life. |
| 355 | Section 13. Section 106.34, Florida Statutes, is amended |
| 356 | to read: |
| 357 | 106.34 Expenditure limits.-- |
| 358 | (1) Any candidate for Governor and Lieutenant Governor or |
| 359 | Cabinet officer who requests contributions from the Election |
| 360 | Campaign Financing Trust Fund shall limit his or her total |
| 361 | expenditures as follows: |
| 362 | (a) Governor and Lieutenant Governor: $5 million $2.00 for |
| 363 | each Florida-registered voter. |
| 364 | (b) Cabinet officer: $2 million $1.00 for each Florida- |
| 365 | registered voter. |
| 366 | (2) The expenditure limit for any candidate with primary |
| 367 | election opposition only shall be 60 percent of the limit |
| 368 | provided in subsection (1). |
| 369 | (3) The expenditure limit shall be adjusted by the |
| 370 | Secretary of State quadrennially to reflect the rate of |
| 371 | inflation or deflation as indicated in the Consumer Price Index |
| 372 | for All Urban Consumers, U.S. City Average, All Items, 1967=100, |
| 373 | or successor reports as reported by the United States Department |
| 374 | of Labor, Bureau of Labor Statistics. For purposes of this |
| 375 | section, "Florida-registered voter" means a voter who is |
| 376 | registered to vote in Florida as of June 30 of each odd-numbered |
| 377 | year. The Division of Elections shall certify the total number |
| 378 | of Florida-registered voters no later than July 31 of each odd- |
| 379 | numbered year. Such total number shall be calculated by adding |
| 380 | the number of registered voters in each county as of June 30 in |
| 381 | the year of the certification date. For the 2006 general |
| 382 | election, the Division of Elections shall certify the total |
| 383 | number of Florida-registered voters by July 31, 2005. |
| 384 | (4) For the purposes of this section, the term |
| 385 | "expenditure" does not include the payment of compensation for |
| 386 | legal and accounting services rendered on behalf of a candidate. |
| 387 | Section 14. Sections 1 through 12 of this act shall take |
| 388 | effect on the effective date of House Joint Resolution 281, or a |
| 389 | similar joint resolution having substantially the same specific |
| 390 | intent and purpose, if that joint resolution is approved by the |
| 391 | electors at the general election to be held in November 2008; |
| 392 | and section 13 of this act shall take effect January 1, 2009, if |
| 393 | House Joint Resolution 281, or a similar resolution having |
| 394 | substantially the same specific intent and purpose, fails to be |
| 395 | adopted by the electors at the general election to be held in |
| 396 | November 2008. |