| 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, 328.72, and 607.1622, F.S.; deleting references |
| 6 | to the Election Campaign Financing Trust Fund, which |
| 7 | expired, effective November 4, 1996, by operation of s. |
| 8 | 19(f), Art. III of the State Constitution; amending s. |
| 9 | 106.34, F.S.; revising expenditure limits for certain |
| 10 | candidates for statewide office until and unless repealed; |
| 11 | providing contingent effective dates. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 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 Statutes, |
| 17 | are repealed.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 committee. |
| 25 | Reports shall be filed on the 10th day following the end of each |
| 26 | calendar quarter from the time the campaign treasurer is |
| 27 | appointed, except that, if the 10th day following the end of a |
| 28 | calendar quarter occurs on a Saturday, Sunday, or legal holiday, |
| 29 | the report shall be filed on the next following day which is not |
| 30 | a Saturday, Sunday, or legal holiday. Quarterly reports shall |
| 31 | include all contributions received and expenditures made during |
| 32 | the calendar quarter which have not otherwise been reported |
| 33 | 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 on |
| 36 | the 32nd, 18th, and 4th days immediately preceding the primary |
| 37 | and on the 46th, 32nd, 18th, and 4th days immediately preceding |
| 38 | the election, for a candidate who is opposed in seeking |
| 39 | nomination or election to any office, for a political committee, |
| 40 | 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 statewide |
| 44 | candidate in a race with a candidate who has requested to |
| 45 | receive contributions from the trust fund shall file reports on |
| 46 | the 4th, 11th, 18th, 25th, and 32nd days prior to the primary |
| 47 | election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, |
| 48 | 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 appear |
| 63 | on the ballot, all political committees making contributions or |
| 64 | expenditures in support of or in opposition to such issue shall |
| 65 | file reports on the 18th and 4th days prior to such election. |
| 66 | (d)(e) The filing officer shall provide each candidate |
| 67 | with a schedule designating the beginning and end of reporting |
| 68 | periods as well as the corresponding designated due dates. |
| 69 | Section 3. Subsection (4) of section 106.141, Florida |
| 70 | Statutes, is amended to read: |
| 71 | 106.141 Disposition of surplus funds by candidates.-- |
| 72 | (4)(a) Except as provided in paragraph (b), Any candidate |
| 73 | required to dispose of funds pursuant to this section shall, at |
| 74 | the option of the candidate, dispose of such funds by any of the |
| 75 | following means, or any combination thereof: |
| 76 | (a)1. Return pro rata to each contributor the funds that |
| 77 | have not been spent or obligated. |
| 78 | (b)2. Donate the funds that have not been spent or |
| 79 | obligated to a charitable organization or organizations that |
| 80 | meet the qualifications of s. 501(c)(3) of the Internal Revenue |
| 81 | Code. |
| 82 | (c)3. Give not more than $10,000 of the funds that have |
| 83 | not been spent or obligated to the political party of which such |
| 84 | candidate is a member, except that a candidate for the Florida |
| 85 | Senate may give not more than $30,000 of such funds to the |
| 86 | political party of which the candidate is a member. |
| 87 | (d)4. Give the funds that have not been spent or |
| 88 | 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 |
| 103 | duty 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 |
| 146 | boat registration shall include a provision to allow each |
| 147 | applicant to indicate a desire to pay an additional voluntary |
| 148 | contribution to the Save the Manatee Trust Fund to be used for |
| 149 | the purposes specified in s.379.2431(4). This contribution shall |
| 150 | be in 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 |
| 173 | corporation, the date on which it was admitted to do business in |
| 174 | this state.; |
| 175 | (c) The address of its principal office and the mailing |
| 176 | address of the corporation.; |
| 177 | (d) The corporation's federal employer identification |
| 178 | number, if any, or, if none, whether one has been applied for.; |
| 179 | (e) The names and business street addresses of its |
| 180 | directors and principal officers.; |
| 181 | (f) The street address of its registered office and the |
| 182 | name of its registered agent at that office in this state.; |
| 183 | (g) Language permitting a voluntary contribution of $5 per |
| 184 | taxpayer, which contribution shall be transferred into the |
| 185 | Election Campaign Financing Trust Fund. A statement providing an |
| 186 | explanation of the purpose of the trust fund shall also be |
| 187 | included; and |
| 188 | (g)(h) Such additional information as may be necessary or |
| 189 | appropriate to enable the Department of State to carry out the |
| 190 | provisions of this act. |
| 191 | Section 8. Section 106.34, Florida Statutes, is amended to |
| 192 | read: |
| 193 | 106.34 Expenditure limits.-- |
| 194 | (1) Any candidate for Governor and Lieutenant Governor or |
| 195 | Cabinet officer who requests contributions from the Election |
| 196 | Campaign Financing Trust Fund shall limit his or her total |
| 197 | expenditures as follows: |
| 198 | (a) Governor and Lieutenant Governor: $5 million $2.00 for |
| 199 | each Florida-registered voter. |
| 200 | (b) Cabinet officer: $2 million $1.00 for each Florida- |
| 201 | registered voter. |
| 202 | (2) The expenditure limit for any candidate with primary |
| 203 | election opposition only shall be 60 percent of the limit |
| 204 | provided in subsection (1). |
| 205 | (3) The expenditure limit shall be adjusted by the |
| 206 | Secretary of State quadrennially to reflect the rate of |
| 207 | inflation or deflation as indicated in the Consumer Price Index |
| 208 | for All Urban Consumers, U.S. City Average, All Items, 1967=100, |
| 209 | or successor reports as reported by the United States Department |
| 210 | of Labor, Bureau of Labor Statistics. For purposes of this |
| 211 | section, "Florida-registered voter" means a voter who is |
| 212 | registered to vote in Florida as of June 30 of each odd-numbered |
| 213 | year. The Division of Elections shall certify the total number |
| 214 | of Florida-registered voters no later than July 31 of each odd- |
| 215 | numbered year. Such total number shall be calculated by adding |
| 216 | the number of registered voters in each county as of June 30 in |
| 217 | the year of the certification date. For the 2006 general |
| 218 | election, the Division of Elections shall certify the total |
| 219 | number of Florida-registered voters by July 31, 2005. |
| 220 | (4) For the purposes of this section, the term |
| 221 | "expenditure" does not include the payment of compensation for |
| 222 | legal and accounting services rendered on behalf of a candidate. |
| 223 | Section 9. Sections 1 through 7 of this act shall take |
| 224 | effect on the effective date of House Joint Resolution 81, or a |
| 225 | similar joint resolution having substantially the same specific |
| 226 | intent and purpose, if that joint resolution is approved by the |
| 227 | electors at the general election to be held in November 2010; |
| 228 | and section 8 of this act and this section shall take effect |
| 229 | upon this act becoming a law. |