Florida Senate - 2009 CS for CS for SB 564
By the Policy and Steering Committee on Ways and Means; the
Committee on Transportation and Economic Development
Appropriations; and Senators Haridopolos, Gaetz, Oelrich, and
Dean
576-03524-09 2009564c2
1 A bill to be entitled
2 An act relating to public campaign financing;
3 repealing ss. 106.30-106.36, F.S., the “Florida
4 Election Campaign Financing Act”; amending ss. 106.07,
5 106.141, 106.22, 106.265, 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 s. 106.34, F.S.; providing
10 expenditure limits for certain candidates for
11 statewide office; providing effective dates, one of
12 which is contingent.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Sections 106.30, 106.31, 106.32, 106.33, 106.34,
17 106.35, 106.353, 106.355, and 106.36, Florida Statutes, are
18 repealed.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 last
36 day of qualifying for office, the reports shall be filed on the
37 32nd, 18th, and 4th days immediately preceding the primary and
38 on the 46th, 32nd, 18th, and 4th days immediately preceding the
39 election, for a candidate who is opposed in seeking nomination
40 or election to any office, for a political committee, or for a
41 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, any
51 unopposed candidate need only file a report within 90 days after
52 the date such candidate became unopposed. Such report shall
53 contain all previously unreported contributions and expenditures
54 as required by this section and shall reflect disposition of
55 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 the
63 ballot at a time when no candidates are scheduled to appear on
64 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 with
68 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 not
84 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 obligated:
89 1.a. In the case of a candidate for state office, to the
90 state, to be deposited in either the Election Campaign Financing
91 Trust Fund or the General Revenue Fund, as designated by the
92 candidate; or
93 2.b. In the case of a candidate for an office of a
94 political subdivision, to such political subdivision, to be
95 deposited in the general fund thereof.
96 (b) Any candidate required to dispose of funds pursuant to
97 this section who has received contributions from the Election
98 Campaign Financing Trust Fund shall return all surplus campaign
99 funds to the Election Campaign Financing Trust Fund.
100 Section 4. Subsection (6) of section 106.22, Florida
101 Statutes, is amended to read:
102 106.22 Duties of the Division of Elections.—It is the duty
103 of the Division of Elections to:
104 (6) Make, from time to time, audits and field
105 investigations with respect to reports and statements filed
106 under the provisions of this chapter and with respect to alleged
107 failures to file any report or statement required under the
108 provisions of this chapter. The division shall conduct a
109 postelection audit of the campaign accounts of all candidates
110 receiving contributions from the Election Campaign Financing
111 Trust Fund.
112 Section 5. Subsections (3), (4), and (5) of section
113 106.265, Florida Statutes, are amended to read:
114 106.265 Civil penalties.—
115 (3) Any civil penalty collected pursuant to the provisions
116 of this section shall be deposited into the General Revenue
117 Election Campaign Financing Trust Fund.
118 (4) Notwithstanding any other provisions of this chapter,
119 any fine assessed pursuant to the provisions of this chapter,
120 which fine is designated to be deposited or which would
121 otherwise be deposited into the General Revenue Fund of the
122 state, shall be deposited into the Election Campaign Financing
123 Trust Fund.
124 (4)(5) In any case in which the commission determines that
125 a person has filed a complaint against another person with a
126 malicious intent to injure the reputation of the person
127 complained against by filing the complaint with knowledge that
128 the complaint contains one or more false allegations or with
129 reckless disregard for whether the complaint contains false
130 allegations of fact material to a violation of this chapter or
131 chapter 104, the complainant shall be liable for costs and
132 reasonable attorney’s fees incurred in the defense of the person
133 complained against, including the costs and reasonable
134 attorney’s fees incurred in proving entitlement to and the
135 amount of costs and fees. If the complainant fails to pay such
136 costs and fees voluntarily within 30 days following such finding
137 by the commission, the commission shall forward such information
138 to the Department of Legal Affairs, which shall bring a civil
139 action in a court of competent jurisdiction to recover the
140 amount of such costs and fees awarded by the commission.
141 Section 6. Subsection (11) of section 328.72, Florida
142 Statutes, is amended to read:
143 328.72 Classification; registration; fees and charges;
144 surcharge; disposition of fees; fines; marine turtle stickers.—
145 (11) VOLUNTARY CONTRIBUTIONS.—The application form for boat
146 registration shall include a provision to allow each applicant
147 to indicate a desire to pay an additional voluntary contribution
148 to the Save the Manatee Trust Fund to be used for the purposes
149 specified in s. 379.2431(4). This contribution shall be in
150 addition to all other fees and charges. The amount of the
151 request for a voluntary contribution solicited shall be $2 or $5
152 per registrant. A registrant who provides a voluntary
153 contribution of $5 or more shall be given a sticker or emblem by
154 the tax collector to display, which signifies support for the
155 Save the Manatee Trust Fund. All voluntary contributions shall
156 be deposited in the Save the Manatee Trust Fund and shall be
157 used for the purposes specified in s. 379.2431(4). The form
158 shall also include language permitting a voluntary contribution
159 of $5 per applicant, which contribution shall be transferred
160 into the Election Campaign Financing Trust Fund. A statement
161 providing an explanation of the purpose of the trust fund shall
162 also be included.
163 Section 7. Subsection (1) of section 607.1622, Florida
164 Statutes, is amended to read:
165 607.1622 Annual report for Department of State.—
166 (1) Each domestic corporation and each foreign corporation
167 authorized to transact business in this state shall deliver to
168 the Department of State for filing a sworn annual report on such
169 forms as the Department of State prescribes that sets forth:
170 (a) The name of the corporation and the state or country
171 under the law of which it is incorporated.;
172 (b) The date of incorporation or, if a foreign corporation,
173 the date on which it was admitted to do business in this state.;
174 (c) The address of its principal office and the mailing
175 address of the corporation.;
176 (d) The corporation’s federal employer identification
177 number, if any, or, if none, whether one has been applied for.;
178 (e) The names and business street addresses of its
179 directors and principal officers.;
180 (f) The street address of its registered office and the
181 name of its registered agent at that office in this state.;
182 (g) Language permitting a voluntary contribution of $5 per
183 taxpayer, which contribution shall be transferred into the
184 Election Campaign Financing Trust Fund. A statement providing an
185 explanation of the purpose of the trust fund shall also be
186 included; and
187 (g)(h) Such additional information as may be necessary or
188 appropriate to enable the Department of State to carry out the
189 provisions of this act.
190 Section 8. Section 106.34, Florida Statutes, is amended to
191 read:
192 (Substantial rewording of section. See
193 s. 106.34, F.S., for present text.)
194 106.34 Expenditure limits.—
195 (1) Any candidate for Governor, Lieutenant Governor, or
196 Cabinet officer who requests contributions from the Election
197 Campaign Financing Trust Fund shall limit his or her total
198 expenditures as follows:
199 (a) Governor or Lieutenant Governor: $7 million.
200 (b) Cabinet officer: $3 million.
201 (2) The expenditure limit for any candidate who has primary
202 election opposition only is 60 percent of the limit provided in
203 subsection (1).
204 (3) The expenditure limit shall be adjusted quadrennially
205 by the Secretary of State to reflect the rate of inflation or
206 deflation as indicated in the Consumer Price Index for All Urban
207 Consumers, U.S. City Average, All Items, 1967=100, or successor
208 reports as reported by the Bureau of Labor Statistics of the
209 United States Department of Labor.
210 (4) As used in this section, the term “expenditure” does
211 not include the payment of compensation for legal and accounting
212 services rendered on behalf of a candidate.
213 Section 9. Sections 1 through 7 of this act shall take
214 effect on the effective date of Senate Joint Resolution 566, or
215 a similar joint resolution having substantially the same
216 specific intent and purpose, if that joint resolution is
217 approved by the electors at the general election to be held in
218 November 2010, and section 8 of this act and this section shall
219 take effect January 1, 2010.