Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 564
       
       
       
       
       
       
                                Barcode 636606                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/WD/2R         .                                
             04/29/2009 05:32 PM       .                                
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       Senator Lawson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 16 - 219
    4  and insert:
    5         Section 1. Subsection (1) of section 106.07, Florida
    6  Statutes, is amended to read:
    7         106.07 Reports; certification and filing.—
    8         (1) Each campaign treasurer designated by a candidate or
    9  political committee pursuant to s. 106.021 shall file regular
   10  reports of all contributions received, and all expenditures
   11  made, by or on behalf of such candidate or political committee.
   12  Reports shall be filed on the 10th day following the end of each
   13  calendar quarter from the time the campaign treasurer is
   14  appointed, except that, if the 10th day following the end of a
   15  calendar quarter occurs on a Saturday, Sunday, or legal holiday,
   16  the report shall be filed on the next following day which is not
   17  a Saturday, Sunday, or legal holiday. Quarterly reports shall
   18  include all contributions received and expenditures made during
   19  the calendar quarter which have not otherwise been reported
   20  pursuant to this section.
   21         (a) Except as provided in paragraph (b), Following the last
   22  day of qualifying for office, the reports shall be filed on the
   23  32nd, 18th, and 4th days immediately preceding the primary and
   24  on the 46th, 32nd, 18th, and 4th days immediately preceding the
   25  election, for a candidate who is opposed in seeking nomination
   26  or election to any office, for a political committee, or for a
   27  committee of continuous existence.
   28         (b) Following the last day of qualifying for office, any
   29  statewide candidate who has requested to receive contributions
   30  from the Election Campaign Financing Trust Fund or any statewide
   31  candidate in a race with a candidate who has requested to
   32  receive contributions from the trust fund shall file reports on
   33  the 4th, 11th, 18th, 25th, and 32nd days prior to the primary
   34  election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,
   35  and 53rd days prior to the general election.
   36         (b)(c) Following the last day of qualifying for office, any
   37  unopposed candidate need only file a report within 90 days after
   38  the date such candidate became unopposed. Such report shall
   39  contain all previously unreported contributions and expenditures
   40  as required by this section and shall reflect disposition of
   41  funds as required by s. 106.141.
   42         (c)(d)1. When a special election is called to fill a
   43  vacancy in office, all political committees and committees of
   44  continuous existence making contributions or expenditures to
   45  influence the results of such special election shall file
   46  campaign treasurers’ reports with the filing officer on the
   47  dates set by the Department of State pursuant to s. 100.111.
   48         2. When an election is called for an issue to appear on the
   49  ballot at a time when no candidates are scheduled to appear on
   50  the ballot, all political committees making contributions or
   51  expenditures in support of or in opposition to such issue shall
   52  file reports on the 18th and 4th days prior to such election.
   53         (d)(e) The filing officer shall provide each candidate with
   54  a schedule designating the beginning and end of reporting
   55  periods as well as the corresponding designated due dates.
   56         Section 2. Subsection (4) of section 106.141, Florida
   57  Statutes, is amended to read:
   58         106.141 Disposition of surplus funds by candidates.—
   59         (4)(a) Except as provided in paragraph (b), Any candidate
   60  required to dispose of funds pursuant to this section shall, at
   61  the option of the candidate, dispose of such funds by any of the
   62  following means, or any combination thereof:
   63         (a)1. Return pro rata to each contributor the funds that
   64  have not been spent or obligated.
   65         (b)2. Donate the funds that have not been spent or
   66  obligated to a charitable organization or organizations that
   67  meet the qualifications of s. 501(c)(3) of the Internal Revenue
   68  Code.
   69         (c)3. Give not more than $10,000 of the funds that have not
   70  been spent or obligated to the political party of which such
   71  candidate is a member, except that a candidate for the Florida
   72  Senate may give not more than $30,000 of such funds to the
   73  political party of which the candidate is a member.
   74         (d)4. Give the funds that have not been spent or obligated:
   75         1.a. In the case of a candidate for state office, to the
   76  state, to be deposited in either the Election Campaign Financing
   77  Trust Fund or the General Revenue Fund, as designated by the
   78  candidate; or
   79         2.b. In the case of a candidate for an office of a
   80  political subdivision, to such political subdivision, to be
   81  deposited in the general fund thereof.
   82         (b) Any candidate required to dispose of funds pursuant to
   83  this section who has received contributions from the Election
   84  Campaign Financing Trust Fund shall return all surplus campaign
   85  funds to the Election Campaign Financing Trust Fund.
   86         Section 3. Subsection (6) of section 106.22, Florida
   87  Statutes, is amended to read:
   88         106.22 Duties of the Division of Elections.—It is the duty
   89  of the Division of Elections to:
   90         (6) Make, from time to time, audits and field
   91  investigations with respect to reports and statements filed
   92  under the provisions of this chapter and with respect to alleged
   93  failures to file any report or statement required under the
   94  provisions of this chapter. The division shall conduct a
   95  postelection audit of the campaign accounts of all candidates
   96  receiving contributions from the Election Campaign Financing
   97  Trust Fund.
   98         Section 4. Subsections (3), (4), and (5) of section
   99  106.265, Florida Statutes, are amended to read:
  100         106.265 Civil penalties.—
  101         (3) Any civil penalty collected pursuant to the provisions
  102  of this section shall be deposited into the General Revenue
  103  Election Campaign Financing Trust Fund.
  104         (4) Notwithstanding any other provisions of this chapter,
  105  any fine assessed pursuant to the provisions of this chapter,
  106  which fine is designated to be deposited or which would
  107  otherwise be deposited into the General Revenue Fund of the
  108  state, shall be deposited into the Election Campaign Financing
  109  Trust Fund.
  110         (4)(5) In any case in which the commission determines that
  111  a person has filed a complaint against another person with a
  112  malicious intent to injure the reputation of the person
  113  complained against by filing the complaint with knowledge that
  114  the complaint contains one or more false allegations or with
  115  reckless disregard for whether the complaint contains false
  116  allegations of fact material to a violation of this chapter or
  117  chapter 104, the complainant shall be liable for costs and
  118  reasonable attorney’s fees incurred in the defense of the person
  119  complained against, including the costs and reasonable
  120  attorney’s fees incurred in proving entitlement to and the
  121  amount of costs and fees. If the complainant fails to pay such
  122  costs and fees voluntarily within 30 days following such finding
  123  by the commission, the commission shall forward such information
  124  to the Department of Legal Affairs, which shall bring a civil
  125  action in a court of competent jurisdiction to recover the
  126  amount of such costs and fees awarded by the commission.
  127         Section 5. Subsection (11) of section 328.72, Florida
  128  Statutes, is amended to read:
  129         328.72 Classification; registration; fees and charges;
  130  surcharge; disposition of fees; fines; marine turtle stickers.—
  131         (11) VOLUNTARY CONTRIBUTIONS.—The application form for boat
  132  registration shall include a provision to allow each applicant
  133  to indicate a desire to pay an additional voluntary contribution
  134  to the Save the Manatee Trust Fund to be used for the purposes
  135  specified in s. 379.2431(4). This contribution shall be in
  136  addition to all other fees and charges. The amount of the
  137  request for a voluntary contribution solicited shall be $2 or $5
  138  per registrant. A registrant who provides a voluntary
  139  contribution of $5 or more shall be given a sticker or emblem by
  140  the tax collector to display, which signifies support for the
  141  Save the Manatee Trust Fund. All voluntary contributions shall
  142  be deposited in the Save the Manatee Trust Fund and shall be
  143  used for the purposes specified in s. 379.2431(4). The form
  144  shall also include language permitting a voluntary contribution
  145  of $5 per applicant, which contribution shall be transferred
  146  into the Election Campaign Financing Trust Fund. A statement
  147  providing an explanation of the purpose of the trust fund shall
  148  also be included.
  149         Section 6. Subsection (1) of section 607.1622, Florida
  150  Statutes, is amended to read:
  151         607.1622 Annual report for Department of State.—
  152         (1) Each domestic corporation and each foreign corporation
  153  authorized to transact business in this state shall deliver to
  154  the Department of State for filing a sworn annual report on such
  155  forms as the Department of State prescribes that sets forth:
  156         (a) The name of the corporation and the state or country
  157  under the law of which it is incorporated.;
  158         (b) The date of incorporation or, if a foreign corporation,
  159  the date on which it was admitted to do business in this state.;
  160         (c) The address of its principal office and the mailing
  161  address of the corporation.;
  162         (d) The corporation’s federal employer identification
  163  number, if any, or, if none, whether one has been applied for.;
  164         (e) The names and business street addresses of its
  165  directors and principal officers.;
  166         (f) The street address of its registered office and the
  167  name of its registered agent at that office in this state.;
  168         (g) Language permitting a voluntary contribution of $5 per
  169  taxpayer, which contribution shall be transferred into the
  170  Election Campaign Financing Trust Fund. A statement providing an
  171  explanation of the purpose of the trust fund shall also be
  172  included; and
  173         (g)(h) Such additional information as may be necessary or
  174  appropriate to enable the Department of State to carry out the
  175  provisions of this act.
  176         Section 7. Section 106.34, Florida Statutes, is amended to
  177  read:
  178         (Substantial rewording of section. See
  179         s. 106.34, F.S., for present text.)
  180         106.34Expenditure limits.—
  181         (1)Any candidate for Governor, Lieutenant Governor, or
  182  Cabinet officer who requests contributions from the Election
  183  Campaign Financing Trust Fund shall limit his or her total
  184  expenditures as follows:
  185         (a)Governor or Lieutenant Governor: $7 million.
  186         (b)Cabinet officer: $3 million.
  187         (2)The expenditure limit for any candidate who has primary
  188  election opposition only is 60 percent of the limit provided in
  189  subsection (1).
  190         (3)The expenditure limit shall be adjusted quadrennially
  191  by the Secretary of State to reflect the rate of inflation or
  192  deflation as indicated in the Consumer Price Index for All Urban
  193  Consumers, U.S. City Average, All Items, 1967=100, or successor
  194  reports as reported by the Bureau of Labor Statistics of the
  195  United States Department of Labor.
  196         (4)As used in this section, the term “expenditure” does
  197  not include the payment of compensation for legal and accounting
  198  services rendered on behalf of a candidate.
  199         Section 8. This act shall take effect July 1, 2009.
  200  
  201  ================= T I T L E  A M E N D M E N T ================
  202         And the title is amended as follows:
  203         Delete lines 3 - 12
  204  and insert:
  205         amending ss. 106.07, 106.141, 106.22, 106.265, 328.72,
  206         and 607.1622, F.S.; deleting references to the
  207         Election Campaign Financing Trust Fund, which expired,
  208         effective November 4, 1996, by operation of s. 19(f),
  209         Art. III of the State Constitution; amending s.
  210         106.34, F.S.; providing expenditure limits for certain
  211         candidates for statewide office; providing an
  212         effective date.
  213