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The Committee on Judiciary (Saunders) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 1400 and 1401,

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insert:

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     Section 31. Effective upon becoming a law, paragraph (a) of

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subsection (1) of section 106.021, Florida Statutes, is amended

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to read:

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106.021  Campaign treasurers; deputies; primary and

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secondary depositories.--

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     (1)(a)  Each candidate for nomination or election to office

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and each political committee shall appoint a campaign treasurer.

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Each person who seeks to qualify for nomination or election to,

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or retention in, office shall appoint a campaign treasurer and

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designate a primary campaign depository prior to qualifying for

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office. Any person who seeks to qualify for election or

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nomination to any office by means of the petitioning process

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shall appoint a treasurer and designate a primary depository on

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or before the date he or she obtains the petitions. Each

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candidate shall at the same time he or she designates a campaign

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depository and appoints a treasurer also designate the office for

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which he or she is a candidate. If the candidate is running for

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an office which will be grouped on the ballot with two or more

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similar offices to be filled at the same election, the candidate

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must indicate for which group or district office he or she is

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running. Nothing in this subsection shall prohibit a candidate,

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at a later date, from changing the designation of the office for

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which he or she is a candidate. However, if a candidate changes

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the designated office for which he or she is a candidate, the

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candidate must notify all contributors in writing of the intent

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to seek a different office and offer to return pro rata, upon

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their request, those contributions given in support of the

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original office sought. This notification shall be given within

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15 days after the filing of the change of designation and shall

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include a standard form developed by the Division of Elections

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for requesting the return of contributions. The notice

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requirement shall not apply to any change in a numerical

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designation resulting solely from redistricting. If, within 30

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days after being notified by the candidate of the intent to seek

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a different office, the contributor notifies the candidate in

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writing that the contributor wishes his or her contribution to be

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returned, the candidate shall return the contribution, on a pro

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rata basis, calculated as of the date the change of designation

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is filed. Any contributions not requested to be returned within

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the 30-day period may be used by the candidate for the newly

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designated office. No person shall accept any contribution or

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make any expenditure with a view to bringing about his or her

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nomination, election, or retention in public office, or authorize

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another to accept such contributions or make such expenditure on

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the person's behalf, unless such person has appointed a campaign

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treasurer and designated a primary campaign depository. A

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candidate for an office voted upon statewide may appoint not more

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than 15 deputy campaign treasurers, and any other candidate or

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political committee may appoint not more than 3 deputy campaign

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treasurers. The names and addresses of the campaign treasurer and

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deputy campaign treasurers so appointed shall be filed with the

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officer before whom such candidate is required to qualify or with

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whom such political committee is required to register pursuant to

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s. 106.03. Each candidate who qualifies with the Department of

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State for an office not voted upon statewide shall, at the same

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time, file a copy of the name and address of the campaign

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treasurer with the supervisor of elections in the county in which

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the candidate resides.

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     Section 32. Effective upon becoming a law, section 106.082,

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Florida Statutes, is repealed.

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     Section 33. Effective upon becoming a law, subsections (1)

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and (2) of section 106.147, Florida Statutes, are amended to

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read:

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106.147  Telephone solicitation; disclosure requirements;

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prohibitions; exemptions; penalties.--

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     (1)(a) Any electioneering communication telephone call or

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any telephone call supporting or opposing a candidate, elected

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public official, or ballot proposal must identify the persons or

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organizations sponsoring the call by stating either: "paid for

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by_____" (insert name of persons or organizations sponsoring the

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call) or "paid for on behalf of_____" (insert name of persons or

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organizations authorizing call). This paragraph does not apply to

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any telephone call in which both the individual making the call

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is not being paid and the individuals participating in the call

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know each other prior to the call.

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     (b)  Any telephone call conducted for the purpose of polling

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respondents concerning a candidate or elected public official

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which is a part of a series of like telephone calls that consists

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of fewer than 1,000 completed calls and averages more than 2

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minutes in duration is presumed to be a political poll and not

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subject to the provisions of paragraph (a).

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     (c)  No telephone call shall state or imply that the caller

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represents any person or organization unless the person or

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organization so represented has given specific approval in

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writing to make such representation.

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     (d)  No telephone call shall state or imply that the caller

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represents a nonexistent person or organization.

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     (2)  Any telephone call, not conducted by independent

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expenditure, that expressly advocates for or against supporting

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or opposing a candidate or ballot proposal, requires prior

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written authorization by the candidate or sponsor of the ballot

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proposal that the call supports. A copy of such written

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authorization must be placed on file with the qualifying officer

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by the candidate or sponsor of the ballot proposal prior to the

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time the calls commence.

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     Section 34. Paragraph (a) of subsection (1) of section

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106.24, Florida Statutes, is amended to read:

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106.24  Florida Elections Commission; membership; powers;

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duties.--

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     (1)(a)  There is created within the Department of Legal

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Affairs, Office of the Attorney General, a Florida Elections

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Commission, hereinafter referred to as the commission. The

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commission shall be a separate budget entity, and its director

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shall be the agency head for all purposes. The commission shall

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not be subject to control, supervision, or direction by the

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Department of Legal Affairs or the Attorney General in the

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performance of its duties, including, but not limited to,

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personnel, purchasing transactions involving real or personal

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property, and budgetary matters.

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     (Redesignate subsequent sections)

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

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And the title is amended as follows:

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     On line 87, after the semicolon, insert:

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amending s. 106.021, F.S.; removing a campaign finance

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filing requirement for certain candidates; repealing s.

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106.082, F.S., relating to campaign contribution

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limitations for Commissioner of Agriculture candidates;

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amending s. 106.147, F.S.; requiring a disclosure

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statement for certain telephone calls; excluding certain

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telephone calls from obtaining candidate or sponsor

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authorization; amending s. 106.24, F.S.; providing that

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the Florida Elections Commission shall be its own agency

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head rather than the director of the commission;

4/15/2008  2:30:00 PM     EE.37.07386