HB 1207

1	A bill to be entitled
2	An act relating to campaign financing; amending s.
3	103.081, F.S.; permitting the use of a political party's
4	name, abbreviation, or symbol by an affiliated party
5	committee under certain circumstances; creating s.
6	103.092, F.S.; providing for the establishment of
7	affiliated party committees; providing a definition;
8	delineating duties and responsibilities of such
9	committees; amending s. 103.121, F.S.; requiring certain
10	assessments to be paid to an affiliated party committee;
11	amending s. 106.011, F.S.; revising the definition of the
12	term "political committee" to remove certain reporting
13	requirements included in the exclusion of electioneering
14	communications organizations from the definition and to
15	allow contributions to an affiliated party committee;
16	adding an affiliated party committee to the list of
17	entities not considered a political committee under
18	chapter 106, F.S.; revising the definition of the term
19	"independent expenditure" to specify that certain
20	expenditures are not considered an independent
21	expenditure; revising the definition of the term "person"
22	to include an affiliated party committee; revising the
23	definition of the term "filing officer" to expand
24	applicability to electioneering communications
25	organizations; revising the definition of the term
26	"electioneering communication" to conform to certain
27	federal requirements and to delineate what constitutes
28	such a communication; revising the definition of the term
29	"electioneering communications organization"; amending s.
30	106.021, F.S.; providing that certain expenditures by an
31	affiliated party committee are not considered a
32	contribution or expenditure to or for a candidate;
33	amending s. 106.025, F.S.; exempting an affiliated party
34	committee from certain campaign fund raising requirements;
35	amending s. 106.03, F.S.; revising the registration
36	requirements for electioneering communications
37	organizations; revising the statement of organization
38	requirements; revising rule adoption requirements relating
39	to dissolution of political committees and electioneering
40	communications organizations; amending s. 106.04, F.S.;
41	requiring that a committee of continuous existence report
42	receipts from and transfers to an affiliated party
43	committee; amending s. 106.0701, F.S.; exempting an
44	affiliated party committee from certain filing
45	requirements; amending s. 106.0703, F.S.; consolidating
46	reporting requirements in ch. 106, F.S., applicable to
47	electioneering communications organizations; providing
48	penalties; conforming provisions; amending s. 106.0705,
49	F.S., relating to electronic filing of campaign
50	treasurer's reports; conforming provisions; requiring an
51	affiliated party committee to file certain reports with
52	the Division of Elections; providing that a report filed
53	by the leader and treasurer of an affiliated party
54	committee is considered to be under oath; amending s.
55	106.071, F.S.; increasing the aggregate amount of
56	expenditures required for filing certain reports related
57	to independent expenditures or electioneering
58	communications; amending s. 106.08, F.S.; removing certain
59	limitations on contributions received by an electioneering
60	communications organization; providing that an affiliated
61	party committee is treated like a political party
62	regarding limitations on contributions; deleting the 28-
63	day restriction on acceptance of certain funds preceding a
64	general election; placing certain restrictions on
65	solicitation for and making of contributions; providing
66	guidelines for acceptance of in-kind contributions; adding
67	an affiliated party committee to entities subject to
68	penalties; creating s. 106.088, F.S.; requiring the
69	subscribing to an oath or affirmation prior to receipt of
70	certain funds; providing the form of the oath; providing
71	penalties; providing that undistributed funds shall be
72	deposited into the General Revenue Fund; amending s.
73	106.113, F.S., relating to expenditures by local
74	governments; revising definitions; prohibiting a local
75	government, or a person acting on behalf of a local
76	government, from making a specific appropriation or
77	designated expenditure of moneys under the jurisdiction or
78	control of the local government; prohibiting certain
79	persons or groups from accepting such moneys for the
80	purpose of certain political advertisements; deleting an
81	exception for certain electioneering communications;
82	clarifying that certain provisions of state law do not
83	preclude certain officials from expressing an opinion on
84	an issue at any time; amending s. 106.1439, F.S.;
85	providing identification requirements for certain
86	electioneering communications; providing an exception for
87	telephone calls; amending s. 106.147, F.S., relating to
88	telephone solicitation disclosure requirements; removing
89	requirements relating to electioneering communication, to
90	conform; revising the definition of the term "person" to
91	include an affiliated party committee; providing
92	penalties; amending s. 106.165, F.S.; adding affiliated
93	party committees to the entities that must use closed
94	captioning and descriptive narrative in all television
95	broadcasts; amending s. 106.17, F.S.; adding affiliated
96	party committees to those entities authorized to conduct
97	polls and surveys relating to candidacies; amending s.
98	106.23, F.S.; providing that an affiliated party committee
99	shall be provided an advisory opinion by the Division of
100	Elections when requested; amending s. 106.265, F.S.;
101	authorizing the imposition of civil penalties by the
102	Florida Elections Commission for certain violations by an
103	affiliated party committee; amending s. 106.27, F.S.;
104	adding affiliated party committees to those entities
105	subject to certain determinations and legal disposition by
106	the Florida Elections Commission; amending s. 106.29,
107	F.S.; requiring filing of certain reports by an affiliated
108	party committee; providing restrictions on certain
109	expenditures and contributions; providing penalties;
110	amending s. 11.045, F.S., relating to lobbying before the
111	Legislature; excluding contributions and expenditures by
112	an affiliated party committee from the definition of the
113	term "expenditure"; amending s. 112.312, F.S.; providing
114	that certain activities pertaining to an affiliated party
115	committee are excluded from the definition of the term
116	"gift"; amending s. 112.3215, F.S., relating to lobbying
117	before the executive branch or the Constitution Revision
118	Commission; excluding contributions and expenditures by an
119	affiliated party committee from the definition of the term
120	"expenditure"; reenacting ss. 106.011(1)(b), (3), (4),
121	(18), and (19), 106.022(1), 106.03(1)(b), 106.04(5),
122	106.0703, 106.0705(2)(b), 106.071(1), 106.08(7), 106.1437,
123	106.1439, and 106.17, F.S., relating to definitions,
124	registered office and agent requirements, registration
125	requirements, prohibited activities for committees of
126	continuous existence, additional reporting requirements,
127	electronic filing requirements, expenditure reports,
128	penalties for violations pertaining to limitations on
129	contributions, miscellaneous advertisements,
130	electioneering communications disclaimers and penalties
131	for failure to include disclaimers, and polls and surveys
132	pertaining to candidacies, to cure and conform; providing
133	an effective date.
134
135	Be It Enacted by the Legislature of the State of Florida:
136
137	Section 1.  Subsection (4) is added to section 103.081,
138	Florida Statutes, to read:
139	103.081  Use of party name; political advertising.-
140	(4)  Notwithstanding any other provision of law to the
141	contrary, an affiliated party committee shall be entitled to use
142	the name, abbreviation, or symbol of the political party of its
143	leader as defined in s. 103.092.
144	Section 2.  Section 103.092, Florida Statutes, is created
145	to read:
146	103.092  Affiliated party committees.-
147	(1)  For purposes of this section, the term "leader" means
148	the President of the Senate, the Speaker of the House of
149	Representatives, or the minority leader of either house of the
150	Legislature, until a person is designated by a political party
151	conference of members of either house to succeed to any such
152	position, at which time the designee becomes the leader for
153	purposes of this section.
154	(2)  The leader of each political party conference of the
155	House of Representatives and the Senate may establish a
156	separate, affiliated party committee to support the election of
157	candidates of the leader's political party. The affiliated party
158	committee is subject to the same provisions of chapter 106 as a
159	political party.
160	(3)  Each affiliated party committee shall:
161	(a)  Adopt bylaws to include, at a minimum, the designation
162	of a treasurer.
163	(b)  Conduct campaigns for candidates who are members of
164	the leader's political party.
165	(c)  Establish an account.
166	(d)  Raise and expend funds. Such funds may not be expended
167	or committed to be expended except when authorized by the leader
168	of the affiliated party committee.
169	Section 3.  Paragraph (b) of subsection (1) of section
170	103.121, Florida Statutes, is amended to read:
171	103.121  Powers and duties of executive committees.-
172	(1)
173	(b)  The county executive committee shall receive payment
174	of assessments upon candidates to be voted for in a single
175	county except state senators, state and members of the House of
176	representatives, and representatives to the Congress of the
177	United States; an affiliated party committee controlled by a
178	leader of the Senate as defined in s. 103.092 shall receive
179	payment of assessments upon candidates for the office of state
180	senator and an affiliated party committee controlled by a leader
181	of the House of Representatives as defined in s. 103.092 shall
182	receive payment of assessments upon candidates for the office of
183	state representative; and the state executive committees shall
184	receive all other assessments authorized. All party assessments
185	shall be 2 percent of the annual salary of the office sought by
186	the respective candidate. All such committee assessments shall
187	be remitted to the state executive committee of the appropriate
188	party and distributed in accordance with subsection (5), except
189	that assessments for candidates for the office of state senator
190	or state representative shall be remitted to the appropriate
191	affiliated party committee.
192	Section 4.  Paragraph (a) of subsection (1) of section of
193	section 106.011, Florida Statutes, is amended, paragraph (b) of
194	subsection (1) of that section is reenacted and amended,
195	subsections (3) and (4) of that section are reenacted,
196	subsections (5), (8), and (14) of that section are amended, and
197	subsections (18) and (19) of that section are reenacted and
198	amended, to read:
199	106.011  Definitions.-As used in this chapter, the
200	following terms have the following meanings unless the context
201	clearly indicates otherwise:
202	(1)(a)  "Political committee" means:
203	1.  A combination of two or more individuals, or a person
204	other than an individual, that, in an aggregate amount in excess
205	of $500 during a single calendar year:
206	a.  Accepts contributions for the purpose of making
207	contributions to any candidate, political committee, committee
208	of continuous existence, affiliated party committee, or
209	political party;
210	b.  Accepts contributions for the purpose of expressly
211	advocating the election or defeat of a candidate or the passage
212	or defeat of an issue;
213	c.  Makes expenditures that expressly advocate the election
214	or defeat of a candidate or the passage or defeat of an issue;
215	or
216	d.  Makes contributions to a common fund, other than a
217	joint checking account between spouses, from which contributions
218	are made to any candidate, political committee, committee of
219	continuous existence, affiliated party committee, or political
220	party;
221	2.  The sponsor of a proposed constitutional amendment by
222	initiative who intends to seek the signatures of registered
223	electors.
224	(b)  Notwithstanding paragraph (a), the following entities
225	are not considered political committees for purposes of this
226	chapter:
227	1.  Organizations which are certified by the Department of
228	State as committees of continuous existence pursuant to s.
229	106.04, national political parties, and the state and county
230	executive committees of political parties, and affiliated party
231	committees regulated by chapter 103.
232	2.  Corporations regulated by chapter 607 or chapter 617 or
233	other business entities formed for purposes other than to
234	support or oppose issues or candidates, if their political
235	activities are limited to contributions to candidates, political
236	parties, or political committees or expenditures in support of
237	or opposition to an issue from corporate or business funds and
238	if no contributions are received by such corporations or
239	business entities.
240	3.  Electioneering communications organizations as defined
241	in subsection (19); however, such organizations shall be
242	required to register with and report expenditures and
243	contributions, including contributions received from committees
244	of continuous existence, to the Division of Elections in the
245	same manner, at the same time, and subject to the same penalties
246	as a political committee supporting or opposing an issue or a
247	legislative candidate, except as otherwise specifically provided
248	in this chapter.
249	(3)  "Contribution" means:
250	(a)  A gift, subscription, conveyance, deposit, loan,
251	payment, or distribution of money or anything of value,
252	including contributions in kind having an attributable monetary
253	value in any form, made for the purpose of influencing the
254	results of an election or making an electioneering
255	communication.
256	(b)  A transfer of funds between political committees,
257	between committees of continuous existence, between
258	electioneering communications organizations, or between any
259	combination of these groups.
260	(c)  The payment, by any person other than a candidate or
261	political committee, of compensation for the personal services
262	of another person which are rendered to a candidate or political
263	committee without charge to the candidate or committee for such
264	services.
265	(d)  The transfer of funds by a campaign treasurer or
266	deputy campaign treasurer between a primary depository and a
267	separate interest-bearing account or certificate of deposit, and
268	the term includes any interest earned on such account or
269	certificate.
270
271	Notwithstanding the foregoing meanings of "contribution," the
272	word shall not be construed to include services, including, but
273	not limited to, legal and accounting services, provided without
274	compensation by individuals volunteering a portion or all of
275	their time on behalf of a candidate or political committee. This
276	definition shall not be construed to include editorial
277	endorsements.
278	(4)(a)  "Expenditure" means a purchase, payment,
279	distribution, loan, advance, transfer of funds by a campaign
280	treasurer or deputy campaign treasurer between a primary
281	depository and a separate interest-bearing account or
282	certificate of deposit, or gift of money or anything of value
283	made for the purpose of influencing the results of an election
284	or making an electioneering communication. However,
285	"expenditure" does not include a purchase, payment,
286	distribution, loan, advance, or gift of money or anything of
287	value made for the purpose of influencing the results of an
288	election when made by an organization, in existence prior to the
289	time during which a candidate qualifies or an issue is placed on
290	the ballot for that election, for the purpose of printing or
291	distributing such organization's newsletter, containing a
292	statement by such organization in support of or opposition to a
293	candidate or issue, which newsletter is distributed only to
294	members of such organization.
295	(b)  As used in this chapter, an "expenditure" for an
296	electioneering communication is made when the earliest of the
297	following occurs:
298	1.  A person enters into a contract for applicable goods or
299	services;
300	2.  A person makes payment, in whole or in part, for the
301	production or public dissemination of applicable goods or
302	services; or
303	3.  The electioneering communication is publicly
304	disseminated.
305	(5)(a)  "Independent expenditure" means an expenditure by a
306	person for the purpose of expressly advocating the election or
307	defeat of a candidate or the approval or rejection of an issue,
308	which expenditure is not controlled by, coordinated with, or
309	made upon consultation with, any candidate, political committee,
310	or agent of such candidate or committee. An expenditure for such
311	purpose by a person having a contract with the candidate,
312	political committee, or agent of such candidate or committee in
313	a given election period shall not be deemed an independent
314	expenditure.
315	(b)  An expenditure for the purpose of expressly advocating
316	the election or defeat of a candidate which is made by the
317	national, state, or county executive committee of a political
318	party, including any subordinate committee of the a national,
319	state, or county committee of a political party, an affiliated
320	party committee, a or by any political committee, a or committee
321	of continuous existence, or any other person, shall not be
322	considered an independent expenditure if the committee or
323	person:
324	1.  Communicates with the candidate, the candidate's
325	campaign, or an agent of the candidate acting on behalf of the
326	candidate, including any pollster, media consultant, advertising
327	agency, vendor, advisor, or staff member, concerning the
328	preparation of, use of, or payment for, the specific expenditure
329	or advertising campaign at issue; or
330	2.  Makes a payment in cooperation, consultation, or
331	concert with, at the request or suggestion of, or pursuant to
332	any general or particular understanding with the candidate, the
333	candidate's campaign, a political committee supporting the
334	candidate, or an agent of the candidate relating to the specific
335	expenditure or advertising campaign at issue; or
336	3.  Makes a payment for the dissemination, distribution, or
337	republication, in whole or in part, of any broadcast or any
338	written, graphic, or other form of campaign material prepared by
339	the candidate, the candidate's campaign, or an agent of the
340	candidate, including any pollster, media consultant, advertising
341	agency, vendor, advisor, or staff member; or
342	4.  Makes a payment based on information about the
343	candidate's plans, projects, or needs communicated to a member
344	of the committee or person by the candidate or an agent of the
345	candidate, provided the committee or person uses the information
346	in any way, in whole or in part, either directly or indirectly,
347	to design, prepare, or pay for the specific expenditure or
348	advertising campaign at issue; or
349	5.  After the last day of qualifying for statewide or
350	legislative office, consults about the candidate's plans,
351	projects, or needs in connection with the candidate's pursuit of
352	election to office and the information is used in any way to
353	plan, create, design, or prepare an independent expenditure or
354	advertising campaign, with:
355	a.  Any officer, director, employee, or agent of a
356	national, state, or county executive committee of a political
357	party or an affiliated party committee that has made or intends
358	to make expenditures in connection with or contributions to the
359	candidate; or
360	b.  Any person whose professional services have been
361	retained by a national, state, or county executive committee of
362	a political party or an affiliated party committee that has made
363	or intends to make expenditures in connection with or
364	contributions to the candidate; or
365	6.  After the last day of qualifying for statewide or
366	legislative office, retains the professional services of any
367	person also providing those services to the candidate in
368	connection with the candidate's pursuit of election to office;
369	or
370	7.  Arranges, coordinates, or directs the expenditure, in
371	any way, with the candidate or an agent of the candidate.
372	(8)  "Person" means an individual or a corporation,
373	association, firm, partnership, joint venture, joint stock
374	company, club, organization, estate, trust, business trust,
375	syndicate, or other combination of individuals having collective
376	capacity. The term includes a political party, affiliated party
377	committee, political committee, or committee of continuous
378	existence.
379	(14)  "Filing officer" means the person before whom a
380	candidate qualifies, the agency or officer with whom a political
381	committee or an electioneering communications organization
382	registers, or the agency by whom a committee of continuous
383	existence is certified.
384	(18)(a)  "Electioneering communication" means any
385	communication publicly distributed by a television station,
386	radio station, cable television system, satellite system,
387	newspaper, magazine, direct mail, or telephone a paid expression
388	in any communications media prescribed in subsection (13) by
389	means other than the spoken word in direct conversation that:
390	1.  Refers to or depicts a clearly identified candidate for
391	office or contains a clear reference indicating that an issue is
392	to be voted on at an election, without expressly advocating the
393	election or defeat of a candidate but that is susceptible of no
394	reasonable interpretation other than an appeal to vote for or
395	against a specific candidate; or the passage or defeat of an
396	issue.
397	2.  Is made within 30 days before a primary or special
398	primary election or 60 days before any other election for the
399	office sought by the candidate; and
400	3.  Is For communications referring to or depicting a
401	clearly identified candidate for office, is targeted to the
402	relevant electorate. A communication is considered targeted if
403	1,000 or more persons in the geographic area the candidate would
404	represent if elected will receive the communication.
405	3.  For communications containing a clear reference
406	indicating that an issue is to be voted on at an election, is
407	published after the issue is designated a ballot position or 120
408	days before the date of the election on the issue, whichever
409	occurs first.
410	(b)  The term "electioneering communication" does not
411	include:
412	1.  A communication disseminated through a means of
413	communication other than a television station, radio station,
414	cable television system, satellite system, newspaper, magazine,
415	direct mail, telephone, or statement or depiction by an
416	organization, in existence prior to the time during which a
417	candidate named or depicted qualifies or an issue identified is
418	placed on the ballot for that election, made in that
419	organization's newsletter, which newsletter is distributed only
420	to members of that organization.
421	2.  A communication in a news story, commentary, or
422	editorial distributed through the facilities of any radio
423	station, television station, cable television system, or
424	satellite system, unless the facilities are owned or controlled
425	by any political party, political committee, or candidate. A
426	news story distributed through the facilities owned or
427	controlled by any political party, political committee, or
428	candidate may nevertheless be exempt if it represents a bona
429	fide news account communicated through a licensed broadcasting
430	facility and the communication is part of a general pattern of
431	campaign-related news accounts that give reasonably equal
432	coverage to all opposing candidates in the area An editorial
433	endorsement, news story, commentary, or editorial by any
434	newspaper, radio, television station, or other recognized news
435	medium.
436	3.  A communication that constitutes a public debate or
437	forum that includes at least two opposing candidates for an
438	office or one advocate and one opponent of an issue, or that
439	solely promotes such a debate or forum and is made by or on
440	behalf of the person sponsoring the debate or forum, provided
441	that:
442	a.  The staging organization is either:
443	(I)  A charitable organization that does not make other
444	electioneering communications and does not otherwise support or
445	oppose any political candidate or political party; or
446	(II)  A newspaper, radio station, television station, or
447	other recognized news medium; and
448	b.  The staging organization does not structure the debate
449	to promote or advance one candidate or issue position over
450	another.
451	(c)  For purposes of this chapter, an expenditure made for,
452	or in furtherance of, an electioneering communication shall not
453	be considered a contribution to or on behalf of any candidate.
454	(d)  For purposes of this chapter, an electioneering
455	communication shall not constitute an independent expenditure
456	nor be subject to the limitations applicable to independent
457	expenditures.
458	(19)  "Electioneering communications organization" means
459	any group, other than a political party, affiliated party
460	committee, political committee, or committee of continuous
461	existence, whose election-related activities are limited to
462	making expenditures for electioneering communications or
463	accepting contributions for the purpose of making electioneering
464	communications and whose activities would not otherwise require
465	the group to register as a political party, political committee,
466	or committee of continuous existence under this chapter.
467	Section 5.  Subsection (3) of section 106.021, Florida
468	Statutes, is amended to read:
469	106.021  Campaign treasurers; deputies; primary and
470	secondary depositories.-
471	(3)  No contribution or expenditure, including
472	contributions or expenditures of a candidate or of the
473	candidate's family, shall be directly or indirectly made or
474	received in furtherance of the candidacy of any person for
475	nomination or election to political office in the state or on
476	behalf of any political committee except through the duly
477	appointed campaign treasurer of the candidate or political
478	committee, subject to the following exceptions:
479	(a)  Independent expenditures;
480	(b)  Reimbursements to a candidate or any other individual
481	for expenses incurred in connection with the campaign or
482	activities of the political committee by a check drawn upon the
483	campaign account and reported pursuant to s. 106.07(4). After
484	July 1, 2004, the full name and address of each person to whom
485	the candidate or other individual made payment for which
486	reimbursement was made by check drawn upon the campaign account
487	shall be reported pursuant to s. 106.07(4), together with the
488	purpose of such payment;
489	(c)  Expenditures made indirectly through a treasurer for
490	goods or services, such as communications media placement or
491	procurement services, campaign signs, insurance, or other
492	expenditures that include multiple integral components as part
493	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
494	or
495	(d)  Expenditures made directly by any political committee,
496	affiliated party committee, or political party regulated by
497	chapter 103 for obtaining time, space, or services in or by any
498	communications medium for the purpose of jointly endorsing three
499	or more candidates, and any such expenditure shall not be
500	considered a contribution or expenditure to or on behalf of any
501	such candidates for the purposes of this chapter.
502	Section 6.  Subsection (1) of section 106.022, Florida
503	Statutes, is reenacted to read:
504	106.022  Appointment of a registered agent; duties.-
505	(1)  Each political committee, committee of continuous
506	existence, or electioneering communications organization shall
507	have and continuously maintain in this state a registered office
508	and a registered agent and must file with the division a
509	statement of appointment for the registered office and
510	registered agent. The statement of appointment must:
511	(a)  Provide the name of the registered agent and the
512	street address and phone number for the registered office;
513	(b)  Identify the entity for whom the registered agent
514	serves;
515	(c)  Designate the address the registered agent wishes to
516	use to receive mail;
517	(d)  Include the entity's undertaking to inform the
518	division of any change in such designated address;
519	(e)  Provide for the registered agent's acceptance of the
520	appointment, which must confirm that the registered agent is
521	familiar with and accepts the obligations of the position as set
522	forth in this section; and
523	(f)  Contain the signature of the registered agent and the
524	entity engaging the registered agent.
525	Section 7.  Subsection (2) of section 106.025, Florida
526	Statutes, is amended to read:
527	106.025  Campaign fund raisers.-
528	(2)  This section shall not apply to any campaign fund
529	raiser held on behalf of a political party by the state or
530	county executive committee or an affiliated party committee of
531	such party, provided that the proceeds of such campaign fund
532	raiser are reported pursuant to s. 106.29.
533	Section 8.  Paragraph (b) of subsection (1) of section
534	106.03, Florida Statutes, is reenacted and amended, and
535	subsections (2), (4), and (7) of that section are amended, to
536	read:
537	106.03  Registration of political committees and
538	electioneering communications organizations.-
539	(1)
540	(b)1.  Each electioneering communications organization that
541	receives anticipates receiving contributions or makes making
542	expenditures during a calendar year in an aggregate amount
543	exceeding $5,000 shall file a statement of organization as
544	provided in subparagraph 2. subsection (3) by expedited delivery
545	within 24 hours after its organization or, if later, within 24
546	hours after the date on which it receives has information that
547	causes the organization to anticipate that it will receive
548	contributions or makes make expenditures for an electioneering
549	communication in excess of $5,000.
550	2.a.  In a statewide, legislative, or multicounty election,
551	an electioneering communications organization shall file a
552	statement of organization with the Division of Elections.
553	b.  In a countywide election or any election held on less
554	than a countywide basis, except as described in sub-subparagraph
555	c., an electioneering communications organization shall file a
556	statement of organization with the supervisor of elections of
557	the county in which the election is being held.
558	c.  In a municipal election, an electioneering
559	communications organization shall file a statement of
560	organization with the officer before whom municipal candidates
561	qualify.
562	d.  If an electioneering communications organization is
563	required to file a statement of organization with two or more
564	locations in order to comply with the requirements of this
565	subparagraph, the electioneering communications organization
566	shall file a statement of organization only with the Division of
567	Elections.
568	(2)  The statement of organization shall include:
569	(a)  The name, mailing address, and street address of the
570	committee or electioneering communications organization;
571	(b)  The names, street addresses, and relationships of
572	affiliated or connected organizations;
573	(c)  The area, scope, or jurisdiction of the committee or
574	electioneering communications organization;
575	(d)  The name, mailing address, street address, and
576	position of the custodian of books and accounts;
577	(e)  The name, mailing address, street address, and
578	position of other principal officers, including the treasurer
579	and deputy treasurer including officers and members of the
580	finance committee, if any;
581	(f)  The name, address, office sought, and party
582	affiliation of:
583	1.  Each candidate whom the committee is supporting;
584	2.  Any other individual, if any, whom the committee is
585	supporting for nomination for election, or election, to any
586	public office whatever;
587	(g)  Any issue or issues the committee such organization is
588	supporting or opposing;
589	(h)  If the committee is supporting the entire ticket of
590	any party, a statement to that effect and the name of the party;
591	(i)  A statement of whether the committee is a continuing
592	one;
593	(j)  Plans for the disposition of residual funds which will
594	be made in the event of dissolution;
595	(k)  A listing of all banks, safe-deposit boxes, or other
596	depositories used for committee or electioneering communications
597	organization funds; and
598	(l)  A statement of the reports required to be filed by the
599	committee or the electioneering communications organization with
600	federal officials, if any, and the names, addresses, and
601	positions of such officials; and
602	(m)  A statement of whether the electioneering
603	communications organization was formed as a newly created
604	organization during the current calendar quarter or was formed
605	from an organization existing prior to the current calendar
606	quarter. For purposes of this subsection, calendar quarters end
607	the last day of March, June, September, and December.
608	(4)  Any change in information previously submitted in a
609	statement of organization shall be reported to the agency or
610	officer with whom such committee or electioneering
611	communications organization is required to register pursuant to
612	subsection (3), within 10 days following the change.
613	(7)  The Division of Elections shall adopt promulgate rules
614	to prescribe the manner in which inactive committees and
615	electioneering communications organizations may be dissolved and
616	have their registration canceled. Such rules shall, at a
617	minimum, provide for:
618	(a)  Notice which shall contain the facts and conduct which
619	warrant the intended action, including but not limited to
620	failure to file reports and limited activity.
621	(b)  Adequate opportunity to respond.
622	(c)  Appeal of the decision to the Florida Elections
623	Commission. Such appeals shall be exempt from the
624	confidentiality provisions of s. 106.25.
625	Section 9.  Paragraph (c) of subsection (4) of section
626	106.04, Florida Statutes, is amended, and subsection (5) of that
627	section is reenacted, to read:
628	106.04  Committees of continuous existence.-
629	(4)
630	(c)  All committees of continuous existence shall file
631	their reports with the Division of Elections. Reports shall be
632	filed in accordance with s. 106.0705 and shall contain the
633	following information:
634	1.  The full name, address, and occupation of each person
635	who has made one or more contributions, including contributions
636	that represent the payment of membership dues, to the committee
637	during the reporting period, together with the amounts and dates
638	of such contributions. For corporations, the report must provide
639	as clear a description as practicable of the principal type of
640	business conducted by the corporation. However, if the
641	contribution is $100 or less, the occupation of the contributor
642	or principal type of business need not be listed. However, for
643	any contributions that represent the payment of dues by members
644	in a fixed amount aggregating no more than $250 per calendar
645	year, pursuant to the schedule on file with the Division of
646	Elections, only the aggregate amount of such contributions need
647	be listed, together with the number of members paying such dues
648	and the amount of the membership dues.
649	2.  The name and address of each political committee or
650	committee of continuous existence from which the reporting
651	committee received, or the name and address of each political
652	committee, committee of continuous existence, affiliated party
653	committee, or political party to which it made, any transfer of
654	funds, together with the amounts and dates of all transfers.
655	3.  Any other receipt of funds not listed pursuant to
656	subparagraph 1. or subparagraph 2., including the sources and
657	amounts of all such funds.
658	4.  The name and address of, and office sought by, each
659	candidate to whom the committee has made a contribution during
660	the reporting period, together with the amount and date of each
661	contribution.
662	5.  The full name and address of each person to whom
663	expenditures have been made by or on behalf of the committee
664	within the reporting period; the amount, date, and purpose of
665	each such expenditure; and the name and address, and office
666	sought by, each candidate on whose behalf such expenditure was
667	made.
668	6.  The full name and address of each person to whom an
669	expenditure for personal services, salary, or reimbursement for
670	authorized expenses has been made, including the full name and
671	address of each entity to whom the person made payment for which
672	reimbursement was made by check drawn upon the committee
673	account, together with the amount and purpose of such payment.
674	7.  Transaction information from each credit card statement
675	that will be included in the next report following receipt
676	thereof by the committee. Receipts for each credit card purchase
677	shall be retained by the treasurer with the records for the
678	committee account.
679	8.  The total sum of expenditures made by the committee
680	during the reporting period.
681	(5)  No committee of continuous existence shall make an
682	electioneering communication, contribute to any candidate or
683	political committee an amount in excess of the limits contained
684	in s. 106.08(1), or participate in any activity which is
685	prohibited by this chapter. If any violation occurs, it shall be
686	punishable as provided in this chapter for the given offense. No
687	funds of a committee of continuous existence shall be expended
688	on behalf of a candidate, except by means of a contribution made
689	through the duly appointed campaign treasurer of a candidate. No
690	such committee shall make expenditures in support of, or in
691	opposition to, an issue unless such committee first registers as
692	a political committee pursuant to this chapter and undertakes
693	all the practices and procedures required thereof; provided such
694	committee may make contributions in a total amount not to exceed
695	25 percent of its aggregate income, as reflected in the annual
696	report filed for the previous year, to one or more political
697	committees registered pursuant to s. 106.03 and formed to
698	support or oppose issues.
699	Section 10.  Subsection (5) of section 106.0701, Florida
700	Statutes, is amended to read:
701	106.0701  Solicitation of contributions on behalf of s. 527
702	or s. 501(c)(4) organizations; reporting requirements; civil
703	penalty; exemption.-
704	(5)  The filing requirements of subsection (1) do not apply
705	to an individual acting on behalf of his or her own campaign, or
706	a political party, or an affiliated party committee of which the
707	individual is a member.
708	Section 11.  Section 106.0703, Florida Statutes, is
709	reenacted and amended to read:
710	106.0703  Electioneering communications organizations;
711	additional reporting requirements; certification and filing;
712	penalties.-
713	(1)(a)  Each electioneering communications organization
714	shall file regular reports of all contributions received and all
715	expenditures made by or on behalf of the organization. Reports
716	shall be filed on the 10th day following the end of each
717	calendar quarter from the time the organization is registered.
718	However, if the 10th day following the end of a calendar quarter
719	occurs on a Saturday, Sunday, or legal holiday, the report shall
720	be filed on the next following day that is not a Saturday,
721	Sunday, or legal holiday. Quarterly reports shall include all
722	contributions received and expenditures made during the calendar
723	quarter that have not otherwise been reported pursuant to this
724	section.
725	(b)  Following the last day of candidates qualifying for
726	office, the reports shall be filed on the 32nd, 18th, and 4th
727	days immediately preceding the primary election and on the 46th,
728	32nd, 18th, and 4th days immediately preceding the general
729	election.
730	(c)  When a special election is called to fill a vacancy in
731	office, all electioneering communications organizations making
732	contributions or expenditures to influence the results of the
733	special election shall file reports with the filing officer on
734	the dates set by the Department of State pursuant to s. 100.111.
735	(d)  The filing officer shall provide each electioneering
736	communications organization with a schedule designating the
737	beginning and end of reporting periods as well as the
738	corresponding designated due dates.
739	(2)(a)  Except as provided in s. 106.0705, the reports
740	required of an electioneering communications organization shall
741	be filed with the filing officer not later than 5 p.m. of the
742	day designated. However, any report postmarked by the United
743	States Postal Service no later than midnight of the day
744	designated shall be deemed to have been filed in a timely
745	manner. Any report received by the filing officer within 5 days
746	after the designated due date that was delivered by the United
747	States Postal Service shall be deemed timely filed unless it has
748	a postmark that indicates that the report was mailed after the
749	designated due date. A certificate of mailing obtained from and
750	dated by the United States Postal Service at the time of
751	mailing, or a receipt from an established courier company, which
752	bears a date on or before the date on which the report is due,
753	shall be proof of mailing in a timely manner. Reports shall
754	contain information of all previously unreported contributions
755	received and expenditures made as of the preceding Friday,
756	except that the report filed on the Friday immediately preceding
757	the election shall contain information of all previously
758	unreported contributions received and expenditures made as of
759	the day preceding the designated due date. All such reports
760	shall be open to public inspection.
761	(b)1.  Any report that is deemed to be incomplete by the
762	officer with whom the electioneering communications organization
763	files shall be accepted on a conditional basis. The treasurer of
764	the electioneering communications organization shall be
765	notified, by certified mail or other common carrier that can
766	establish proof of delivery for the notice, as to why the report
767	is incomplete. Within 7 days after receipt of such notice, the
768	treasurer must file an addendum to the report providing all
769	information necessary to complete the report in compliance with
770	this section. Failure to file a complete report after such
771	notice constitutes a violation of this chapter.
772	2.  Notice is deemed sufficient upon proof of delivery of
773	written notice to the mailing or street address of the treasurer
774	of the electioneering communication organization on record with
775	the filing officer.
776	(3)(a)  Each report required by this section must contain:
777	1.  The full name, address, and occupation, if any, of each
778	person who has made one or more contributions to or for such
779	electioneering communications organization within the reporting
780	period, together with the amount and date of such contributions.
781	For corporations, the report must provide as clear a description
782	as practicable of the principal type of business conducted by
783	the corporation. However, if the contribution is $100 or less,
784	the occupation of the contributor or the principal type of
785	business need not be listed.
786	2.  The name and address of each political committee from
787	which or to which the reporting electioneering communications
788	organization made any transfer of funds, together with the
789	amounts and dates of all transfers.
790	3.  Each loan for electioneering communication purposes to
791	or from any person or political committee within the reporting
792	period, together with the full names, addresses, and occupations
793	and principal places of business, if any, of the lender and
794	endorsers, if any, and the date and amount of such loans.
795	4.  A statement of each contribution, rebate, refund, or
796	other receipt not otherwise listed under subparagraphs 1.-3.
797	5.  The total sums of all loans, in-kind contributions, and
798	other receipts by or for such electioneering communications
799	organization during the reporting period. The reporting forms
800	shall be designed to elicit separate totals for in-kind
801	contributions, loans, and other receipts.
802	6.  The full name and address of each person to whom
803	expenditures have been made by or on behalf of the
804	electioneering communications organization within the reporting
805	period and the amount, date, and purpose of each expenditure.
806	7.  The full name and address of each person to whom an
807	expenditure for personal services, salary, or reimbursement for
808	expenses has been made and that is not otherwise reported,
809	including the amount, date, and purpose of the expenditure.
810	8.  The total sum of expenditures made by the
811	electioneering communications organization during the reporting
812	period.
813	9.  The amount and nature of debts and obligations owed by
814	or to the electioneering communications organization that relate
815	to the conduct of any electioneering communication.
816	10.  Transaction information for each credit card purchase.
817	Receipts for each credit card purchase shall be retained by the
818	electioneering communications organization.
819	11.  The amount and nature of any separate interest-bearing
820	accounts or certificates of deposit and identification of the
821	financial institution in which such accounts or certificates of
822	deposit are located.
823	12.  The primary purposes of an expenditure made indirectly
824	through an electioneering communications organization for goods
825	and services, such as communications media placement or
826	procurement services and other expenditures that include
827	multiple components as part of the expenditure. The primary
828	purpose of an expenditure shall be that purpose, including
829	integral and directly related components, that comprises 80
830	percent of such expenditure.
831	(b)  The filing officer shall make available to any
832	electioneering communications organization a reporting form
833	which the electioneering communications organization may use to
834	indicate contributions received by the electioneering
835	communications organization but returned to the contributor
836	before deposit.
837	(4)  The treasurer of the electioneering communications
838	organization shall certify as to the correctness of each report,
839	and each person so certifying shall bear the responsibility for
840	the accuracy and veracity of each report. Any treasurer who
841	willfully certifies the correctness of any report while knowing
842	that such report is incorrect, false, or incomplete commits a
843	misdemeanor of the first degree, punishable as provided in s.
844	775.082 or s. 775.083.
845	(5)  The electioneering communications organization
846	depository shall return all checks drawn on the account to the
847	treasurer, who shall retain the records pursuant to s. 106.06.
848	The records maintained by the depository with respect to the
849	account shall be subject to inspection by an agent of the
850	Division of Elections or the Florida Elections Commission at any
851	time during normal banking hours, and such depository shall
852	furnish certified copies of any such records to the Division of
853	Elections or the Florida Elections Commission upon request.
854	(6)  Notwithstanding any other provisions of this chapter,
855	in any reporting period during which an electioneering
856	communications organization has not received funds, made any
857	contributions, or expended any reportable funds, the filing of
858	the required report for that period is waived. However, the next
859	report filed must specify that the report covers the entire
860	period between the last submitted report and the report being
861	filed, and any electioneering communications organization not
862	reporting by virtue of this subsection on dates prescribed
863	elsewhere in this chapter shall notify the filing officer in
864	writing on the prescribed reporting date that no report is being
865	filed on that date.
866	(7)(a)  Any electioneering communications organization
867	failing to file a report on the designated due date shall be
868	subject to a fine as provided in paragraph (b) for each late
869	day. The fine shall be assessed by the filing officer and the
870	moneys collected shall be deposited:
871	1.  In the General Revenue Fund, in the case of an
872	electioneering communications organization that registers with
873	the Division of Elections; or
874	2.  In the general revenue fund of the political
875	subdivision, in the case of an electioneering communications
876	organization that registers with an officer of a political
877	subdivision.
878
879	No separate fine shall be assessed for failure to file a copy of
880	any report required by this section.
881	(b)  Upon determining that a report is late, the filing
882	officer shall immediately notify the electioneering
883	communications organization as to the failure to file a report
884	by the designated due date and that a fine is being assessed for
885	each late day. The fine shall be $50 per day for the first 3
886	days late and, thereafter, $500 per day for each late day, not
887	to exceed 25 percent of the total receipts or expenditures,
888	whichever is greater, for the period covered by the late report.
889	However, for the reports immediately preceding each primary and
890	general election, the fine shall be $500 per day for each late
891	day, not to exceed 25 percent of the total receipts or
892	expenditures, whichever is greater, for the period covered by
893	the late report. Upon receipt of the report, the filing officer
894	shall determine the amount of the fine which is due and shall
895	notify the electioneering communications organization. The
896	filing officer shall determine the amount of the fine due based
897	upon the earliest of the following:
898	1.  When the report is actually received by such officer.
899	2.  When the report is postmarked.
900	3.  When the certificate of mailing is dated.
901	4.  When the receipt from an established courier company is
902	dated.
903	5.  When the electronic receipt issued pursuant to s.
904	106.0705 or other electronic filing system authorized in this
905	section is dated.
906
907	Such fine shall be paid to the filing officer within 20 days
908	after receipt of the notice of payment due, unless appeal is
909	made to the Florida Elections Commission pursuant to paragraph
910	(c). Notice is deemed sufficient upon proof of delivery of
911	written notice to the mailing or street address on record with
912	the filing officer. An officer or member of an electioneering
913	communications organization shall not be personally liable for
914	such fine.
915	(c)  The treasurer of an electioneering communications
916	organization may appeal or dispute the fine, based upon, but not
917	limited to, unusual circumstances surrounding the failure to
918	file on the designated due date, and may request and shall be
919	entitled to a hearing before the Florida Elections Commission,
920	which shall have the authority to waive the fine in whole or in
921	part. The Florida Elections Commission must consider the
922	mitigating and aggravating circumstances contained in s.
923	106.265(1) when determining the amount of a fine, if any, to be
924	waived. Any such request shall be made within 20 days after
925	receipt of the notice of payment due. In such case, the
926	treasurer of the electioneering communications organization
927	shall, within the 20-day period, notify the filing officer in
928	writing of his or her intention to bring the matter before the
929	commission.
930	(d)  The appropriate filing officer shall notify the
931	Florida Elections Commission of the repeated late filing by an
932	electioneering communications organization, the failure of an
933	electioneering communications organization to file a report
934	after notice, or the failure to pay the fine imposed. The
935	commission shall investigate only those alleged late filing
936	violations specifically identified by the filing officer and as
937	set forth in the notification. Any other alleged violations must
938	be stated separately and reported by the division to the
939	commission under s. 106.25(2).
940	(8)  In addition to the reporting requirements in s.
941	106.07, An electioneering communications organization shall,
942	within 2 days after receiving its initial password or secure
943	sign-on from the Department of State allowing confidential
944	access to the department's electronic campaign finance filing
945	system, electronically file the periodic campaign finance
946	reports that would have been required pursuant to this section
947	s. 106.07 for reportable activities that occurred since the date
948	of the last general election.
949	Section 12.  Paragraph (b) of subsection (2) of section
950	106.0705, Florida Statutes, is reenacted and amended, and
951	subsections (3) and (4) of that section are amended, to read:
952	106.0705  Electronic filing of campaign treasurer's
953	reports.-
954	(2)
955	(b)  Each political committee, committee of continuous
956	existence, electioneering communications organization,
957	affiliated party committee, or state executive committee that is
958	required to file reports with the division under s. 106.04, s.
959	106.07, s. 106.0703, or s. 106.29, as applicable, must file such
960	reports with the division by means of the division's electronic
961	filing system.
962	(3)  Reports filed pursuant to this section shall be
963	completed and filed through the electronic filing system not
964	later than midnight of the day designated. Reports not filed by
965	midnight of the day designated are late filed and are subject to
966	the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),
967	or s. 106.29(3), as applicable.
968	(4)  Each report filed pursuant to this section is
969	considered to be under oath by the candidate and treasurer, or
970	the chair and treasurer, or the leader and treasurer under s.
971	103.092, whichever is applicable, and such persons are subject
972	to the provisions of s. 106.04(4)(d), s. 106.07(5), s.
973	106.0703(4), or s. 106.29(2), as applicable. Persons given a
974	secure sign-on to the electronic filing system are responsible
975	for protecting such from disclosure and are responsible for all
976	filings using such credentials, unless they have notified the
977	division that their credentials have been compromised.
978	Section 13.  Subsection (1) of section 106.071, Florida
979	Statutes, is reenacted and amended to read:
980	106.071  Independent expenditures; electioneering
981	communications; reports; disclaimers.-
982	(1)  Each person who makes an independent expenditure with
983	respect to any candidate or issue, and each individual who makes
984	an expenditure for an electioneering communication which is not
985	otherwise reported pursuant to this chapter, which expenditure,
986	in the aggregate, is in the amount of $5,000 $100 or more, shall
987	file periodic reports of such expenditures in the same manner,
988	at the same time, subject to the same penalties, and with the
989	same officer as a political committee supporting or opposing
990	such candidate or issue. The report shall contain the full name
991	and address of the person making the expenditure; the full name
992	and address of each person to whom and for whom each such
993	expenditure has been made; the amount, date, and purpose of each
994	such expenditure; a description of the services or goods
995	obtained by each such expenditure; the issue to which the
996	expenditure relates; and the name and address of, and office
997	sought by, each candidate on whose behalf such expenditure was
998	made.
999	Section 14.  Subsections (1) , (2), (4), (5), and (6) of
1000	section 106.08, Florida Statutes, are amended, and subsection
1001	(7) of that section is reenacted and amended, to read:
1002	106.08  Contributions; limitations on.-
1003	(1)(a)  Except for political parties or affiliated party
1004	committees, no person, political committee, or committee of
1005	continuous existence may, in any election, make contributions in
1006	excess of $500 to any candidate for election to or retention in
1007	office or to any political committee supporting or opposing one
1008	or more candidates. Candidates for the offices of Governor and
1009	Lieutenant Governor on the same ticket are considered a single
1010	candidate for the purpose of this section.
1011	(b)1.  The contribution limits provided in this subsection
1012	do not apply to contributions made by a state or county
1013	executive committee of a political party or affiliated party
1014	committee regulated by chapter 103 or to amounts contributed by
1015	a candidate to his or her own campaign.
1016	2.  Notwithstanding the limits provided in this subsection,
1017	an unemancipated child under the age of 18 years of age may not
1018	make a contribution in excess of $100 to any candidate or to any
1019	political committee supporting one or more candidates.
1020	(c)  The contribution limits of this subsection apply to
1021	each election. For purposes of this subsection, the primary
1022	election and general election are separate elections so long as
1023	the candidate is not an unopposed candidate as defined in s.
1024	106.011(15). However, for the purpose of contribution limits
1025	with respect to candidates for retention as a justice or judge,
1026	there is only one election, which is the general election.
1027	(2)(a)  A candidate may not accept contributions from
1028	national, state, or including any subordinate committee of a
1029	national, state, or county committee of a political party, and
1030	county executive committees of a political party, including any
1031	subordinate committee of such political party or affiliated
1032	party committees, which contributions in the aggregate exceed
1033	$50,000, no more than $25,000 of which may be accepted prior to
1034	the 28-day period immediately preceding the date of the general
1035	election.
1036	(b)  A candidate for statewide office may not accept
1037	contributions from national, state, or county executive
1038	committees of a political party, including any subordinate
1039	committee of the a national, state, or county committee of a
1040	political party, or affiliated party committees, which
1041	contributions in the aggregate exceed $250,000, no more than
1042	$125,000 of which may be accepted prior to the 28-day period
1043	immediately preceding the date of the general election. Polling
1044	services, research services, costs for campaign staff,
1045	professional consulting services, and telephone calls are not
1046	contributions to be counted toward the contribution limits of
1047	paragraph (a) or this paragraph. Any item not expressly
1048	identified in this paragraph as nonallocable is a contribution
1049	in an amount equal to the fair market value of the item and must
1050	be counted as allocable toward the contribution limits of
1051	paragraph (a) or this paragraph. Nonallocable, in-kind
1052	contributions must be reported by the candidate under s. 106.07
1053	and by the political party or affiliated party committee under
1054	s. 106.29.
1055	(4)(a)  Any contribution received by the chair, campaign
1056	treasurer, or deputy campaign treasurer of a political committee
1057	supporting or opposing a candidate with opposition in an
1058	election or supporting or opposing an issue on the ballot in an
1059	election on the day of that election or less than 5 days prior
1060	to the day of that election may not be obligated or expended by
1061	the committee until after the date of the election.
1062	(b)  Any contribution received by an electioneering
1063	communications organization on the day of an election or less
1064	than 5 days prior to the day of that election may not be
1065	obligated or expended by the organization until after the date
1066	of the election and may not be expended to pay for any
1067	obligation arising prior to the election.
1068	(5)(a)  A person may not make any contribution through or
1069	in the name of another, directly or indirectly, in any election.
1070	(b)  Candidates, political committees, affiliated party
1071	committees, and political parties may not solicit contributions
1072	from any religious, charitable, civic, or other causes or
1073	organizations established primarily for the public good.
1074	(c)  Candidates, political committees, affiliated party
1075	committees, and political parties may not make contributions, in
1076	exchange for political support, to any religious, charitable,
1077	civic, or other cause or organization established primarily for
1078	the public good. It is not a violation of this paragraph for:
1079	1.  A candidate, political committee, affiliated party
1080	committee, or political party executive committee to make gifts
1081	of money in lieu of flowers in memory of a deceased person;
1082	2.  A candidate to continue membership in, or make regular
1083	donations from personal or business funds to, religious,
1084	political party, affiliated party committee, civic, or
1085	charitable groups of which the candidate is a member or to which
1086	the candidate has been a regular donor for more than 6 months;
1087	or
1088	3.  A candidate to purchase, with campaign funds, tickets,
1089	admission to events, or advertisements from religious, civic,
1090	political party, affiliated party committee, or charitable
1091	groups.
1092	(d)  An electioneering communications organization may not
1093	accept a contribution from an organization exempt from taxation
1094	under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
1095	than a political committee, committee of continuous existence,
1096	or political party, unless the contributing organization has
1097	registered as if the organization were an electioneering
1098	communications organization pursuant to s. 106.03 and has filed
1099	all campaign finance reports required of electioneering
1100	communications organizations pursuant to ss. 106.07 and
1101	106.0703.
1102	(6)(a)  A political party or affiliated party committee may
1103	not accept any contribution that has been specifically
1104	designated for the partial or exclusive use of a particular
1105	candidate. Any contribution so designated must be returned to
1106	the contributor and may not be used or expended by or on behalf
1107	of the candidate. Funds contributed to an affiliated party
1108	committee shall not be deemed as designated for the partial or
1109	exclusive use of a leader as defined in s. 103.092.
1110	(b)1.  A political party or affiliated party committee may
1111	not accept any in-kind contribution that fails to provide a
1112	direct benefit to the political party or affiliated party
1113	committee. A "direct benefit" includes, but is not limited to,
1114	fundraising or furthering the objectives of the political party
1115	or affiliated party committee.
1116	2.a.  An in-kind contribution to a state political party
1117	may be accepted only by the chairperson of the state political
1118	party or by the chairperson's designee or designees whose names
1119	are on file with the division in a form acceptable to the
1120	division prior to the date of the written notice required in
1121	sub-subparagraph b. An in-kind contribution to a county
1122	political party may be accepted only by the chairperson of the
1123	county political party or by the county chairperson's designee
1124	or designees whose names are on file with the supervisor of
1125	elections of the respective county prior to the date of the
1126	written notice required in sub-subparagraph b. An in-kind
1127	contribution to an affiliated party committee may be accepted
1128	only by the leader of the affiliated party committee as defined
1129	in s. 103.092 or by the leader's designee or designees whose
1130	names are on file with the division in a form acceptable to the
1131	division prior to the date of the written notice required in
1132	sub-subparagraph b.
1133	b.  A person making an in-kind contribution to a state
1134	political party or county political party or affiliated party
1135	committee must provide prior written notice of the contribution
1136	to a person described in sub-subparagraph a. The prior written
1137	notice must be signed and dated and may be provided by an
1138	electronic or facsimile message. However, prior written notice
1139	is not required for an in-kind contribution that consists of
1140	food and beverage in an aggregate amount not exceeding $1,500
1141	which is consumed at a single sitting or event if such in-kind
1142	contribution is accepted in advance by a person specified in
1143	sub-subparagraph a.
1144	c.  A person described in sub-subparagraph a. may accept an
1145	in-kind contribution requiring prior written notice only in a
1146	writing that is signed and dated before the in-kind contribution
1147	is made. Failure to obtain the required written acceptance of an
1148	in-kind contribution to a state or county political party or
1149	affiliated party committee constitutes a refusal of the
1150	contribution.
1151	d.  A copy of each prior written acceptance required under
1152	sub-subparagraph c. must be filed with the division at the time
1153	the regular reports of contributions and expenditures required
1154	under s. 106.29 are filed by the state executive committee, and
1155	county executive committee, and affiliated party committee.
1156	e.  An in-kind contribution may not be given to a state or
1157	county political party or affiliated party committee unless the
1158	in-kind contribution is made as provided in this subparagraph.
1159	(7)(a)  Any person who knowingly and willfully makes or
1160	accepts no more than one contribution in violation of subsection
1161	(1) or subsection (5), or any person who knowingly and willfully
1162	fails or refuses to return any contribution as required in
1163	subsection (3), commits a misdemeanor of the first degree,
1164	punishable as provided in s. 775.082 or s. 775.083. If any
1165	corporation, partnership, or other business entity or any
1166	political party, affiliated party committee, political
1167	committee, committee of continuous existence, or electioneering
1168	communications organization is convicted of knowingly and
1169	willfully violating any provision punishable under this
1170	paragraph, it shall be fined not less than $1,000 and not more
1171	than $10,000. If it is a domestic entity, it may be ordered
1172	dissolved by a court of competent jurisdiction; if it is a
1173	foreign or nonresident business entity, its right to do business
1174	in this state may be forfeited. Any officer, partner, agent,
1175	attorney, or other representative of a corporation, partnership,
1176	or other business entity, or of a political party, affiliated
1177	party committee, political committee, committee of continuous
1178	existence, electioneering communications organization, or
1179	organization exempt from taxation under s. 527 or s. 501(c)(4)
1180	of the Internal Revenue Code, who aids, abets, advises, or
1181	participates in a violation of any provision punishable under
1182	this paragraph commits a misdemeanor of the first degree,
1183	punishable as provided in s. 775.082 or s. 775.083.
1184	(b)  Any person who knowingly and willfully makes or
1185	accepts two or more contributions in violation of subsection (1)
1186	or subsection (5) commits a felony of the third degree,
1187	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1188	If any corporation, partnership, or other business entity or any
1189	political party, affiliated party committee, political
1190	committee, committee of continuous existence, or electioneering
1191	communications organization is convicted of knowingly and
1192	willfully violating any provision punishable under this
1193	paragraph, it shall be fined not less than $10,000 and not more
1194	than $50,000. If it is a domestic entity, it may be ordered
1195	dissolved by a court of competent jurisdiction; if it is a
1196	foreign or nonresident business entity, its right to do business
1197	in this state may be forfeited. Any officer, partner, agent,
1198	attorney, or other representative of a corporation, partnership,
1199	or other business entity, or of a political committee, committee
1200	of continuous existence, political party, affiliated party
1201	committee, or electioneering communications organization, or
1202	organization exempt from taxation under s. 527 or s. 501(c)(4)
1203	of the Internal Revenue Code, who aids, abets, advises, or
1204	participates in a violation of any provision punishable under
1205	this paragraph commits a felony of the third degree, punishable
1206	as provided in s. 775.082, s. 775.083, or s. 775.084.
1207	Section 15.  Section 106.088, Florida Statutes, is created
1208	to read:
1209	106.088  Independent expenditures; contribution limits;
1210	restrictions on affiliated party committees.-
1211	(1)  As a condition of receiving a rebate of party
1212	assessments under s. 103.121(1)(b), the leader or treasurer of
1213	an affiliated party committee as defined in s. 103.092 shall
1214	take and subscribe to an oath or affirmation in writing. During
1215	the qualifying period for state candidates and prior to
1216	distribution of such funds, a printed copy of the oath or
1217	affirmation shall be filed with the Secretary of State and shall
1218	be substantially in the following form:
1219
1220	State of Florida
1221	County of_____
1222
1223	Before me, an officer authorized to administer oaths, personally
1224	appeared ...(name)..., to me well known, who, being sworn, says
1225	that he or she is the ...(title)... of the ...(name of
1226	party)......(name of chamber)... affiliated party committee;
1227	that the affiliated party committee has not made, either
1228	directly or indirectly, an independent expenditure in support of
1229	or opposition to a candidate or elected public official in the
1230	prior 6 months; that the affiliated party committee will not
1231	make, either directly or indirectly, an independent expenditure
1232	in support of or opposition to a candidate or elected public
1233	official, through and including the upcoming general election;
1234	and that the affiliated party committee will not violate the
1235	contribution limits applicable to candidates under s. 106.08(2),
1236	Florida Statutes.
1237	...(Signature of committee officer)...
1238	...(Address)...
1239	Sworn to and subscribed before me this _____ day of _____,
1240	...(year)..., at _____ County, Florida.
1241	...(Signature and title of officer administering oath)...
1242	(2)(a)  Any affiliated party committee found to have
1243	violated the provisions of the oath or affirmation prior to
1244	receiving funds shall be ineligible to receive the rebate for
1245	that general election year.
1246	(b)  Any affiliated party committee found to have violated
1247	the provisions of the oath or affirmation after receiving funds
1248	shall be ineligible to receive the rebate from candidates
1249	qualifying for the following general election cycle.
1250	(3)  Any funds not distributed to the affiliated party
1251	committee pursuant to this section shall be deposited into the
1252	General Revenue Fund of the state.
1253	Section 16.  Section 106.113, Florida Statutes, is amended
1254	to read:
1255	106.113  Expenditures by local governments.-
1256	(1)  As used in this section, the term:
1257	(a)  "local government" means:
1258	(a)1.  A county, municipality, school district, or other
1259	political subdivision in this state; and
1260	(b)2.  Any department, agency, board, bureau, district,
1261	commission, authority, or similar body of a county,
1262	municipality, school district, or other political subdivision of
1263	this state.
1264	(b)  "Public funds" means all moneys under the jurisdiction
1265	or control of the local government.
1266	(2)  A local government or a person acting on behalf of
1267	local government may not make a specific appropriation or
1268	designated expenditure of moneys under the jurisdiction or
1269	control of the local government expend or authorize the
1270	expenditure of, and a person or group may not accept such
1271	moneys, public funds for the purpose of a political
1272	advertisement or electioneering communication concerning an
1273	issue, referendum, or amendment, including any state question,
1274	that is subject to a vote of the electors. This subsection does
1275	not apply to an electioneering communication from a local
1276	government or a person acting on behalf of a local government
1277	which is limited to factual information.
1278	(3)  With the exception of the prohibitions specified in
1279	subsection (2), this section does not preclude an elected
1280	official of the local government from expressing an opinion on
1281	any issue at any time.
1282	Section 17.  Section 106.1437, Florida Statutes, is
1283	reenacted to read:
1284	106.1437  Miscellaneous advertisements.-Any advertisement,
1285	other than a political advertisement, independent expenditure,
1286	or electioneering communication, on billboards, bumper stickers,
1287	radio, or television, or in a newspaper, a magazine, or a
1288	periodical, intended to influence public policy or the vote of a
1289	public official, shall clearly designate the sponsor of such
1290	advertisement by including a clearly readable statement of
1291	sponsorship. If the advertisement is broadcast on television,
1292	the advertisement shall also contain a verbal statement of
1293	sponsorship. This section shall not apply to an editorial
1294	endorsement.
1295	Section 18.  Section 106.1439, Florida Statutes, is
1296	reenacted and amended to read:
1297	106.1439  Electioneering communications; disclaimers.-
1298	(1)  Any electioneering communication, other than a
1299	telephone call, shall prominently state: "Paid electioneering
1300	communication paid for by ...(Name and address of person paying
1301	for the communication)...."
1302	(2)  Any electioneering communication telephone call shall
1303	identify the persons or organizations sponsoring the call by
1304	stating either: "Paid for by ...(insert name of persons or
1305	organizations sponsoring the call)...." or "Paid for on behalf
1306	of ...(insert name of persons or organizations authorizing
1307	call)...." This subsection does not apply to any telephone call
1308	in which the individual making the call is not being paid and
1309	the individuals participating in the call know each other prior
1310	to the call.
1311	(3)(2)  Any person who fails to include the disclaimer
1312	prescribed in this section in any electioneering communication
1313	that is required to contain such disclaimer commits a
1314	misdemeanor of the first degree, punishable as provided in s.
1315	775.082 or s. 775.083.
1316	Section 19.  Paragraphs (a) and (e) of subsection (1) and
1317	subsection (3) of section 106.147, Florida Statutes, are amended
1318	to read:
1319	106.147  Telephone solicitation; disclosure requirements;
1320	prohibitions; exemptions; penalties.-
1321	(1)(a)  Any electioneering communication telephone call or
1322	any telephone call supporting or opposing a candidate, elected
1323	public official, or ballot proposal must identify the persons or
1324	organizations sponsoring the call by stating either: "paid for
1325	by _____" (insert name of persons or organizations sponsoring
1326	the call) or "paid for on behalf of _____" (insert name of
1327	persons or organizations authorizing call). This paragraph does
1328	not apply to any telephone call in which both the individual
1329	making the call is not being paid and the individuals
1330	participating in the call know each other prior to the call.
1331	(e)  Any electioneering communication paid for with public
1332	funds must include a disclaimer containing the words "paid for
1333	by ...(Name of the government entity paying for the
1334	communication)...."
1335	(3)(a)  Any person who willfully violates any provision of
1336	this section commits a misdemeanor of the first degree,
1337	punishable as provided in s. 775.082 or s. 775.083.
1338	(b)  For purposes of paragraph (a), the term "person"
1339	includes any candidate; any officer of any political committee,
1340	committee of continuous existence, affiliated party committee,
1341	or political party executive committee; any officer, partner,
1342	attorney, or other representative of a corporation, partnership,
1343	or other business entity; and any agent or other person acting
1344	on behalf of any candidate, political committee, committee of
1345	continuous existence, affiliated party committee, political
1346	party executive committee, or corporation, partnership, or other
1347	business entity.
1348	Section 20.  Section 106.165, Florida Statutes, is amended
1349	to read:
1350	106.165  Use of closed captioning and descriptive narrative
1351	in all television broadcasts.-Each candidate, political party,
1352	affiliated party committee, and political committee must use
1353	closed captioning and descriptive narrative in all television
1354	broadcasts regulated by the Federal Communications Commission
1355	that are on behalf of, or sponsored by, a candidate, political
1356	party, affiliated party committee, or political committee or
1357	must file a written statement with the qualifying officer
1358	setting forth the reasons for not doing so. Failure to file this
1359	statement with the appropriate qualifying officer constitutes a
1360	violation of the Florida Election Code and is under the
1361	jurisdiction of the Florida Elections Commission. The Department
1362	of State may adopt rules in accordance with s. 120.54 which are
1363	necessary to administer this section.
1364	Section 21.  Section 106.17, Florida Statutes, is reenacted
1365	and amended to read:
1366	106.17  Polls and surveys relating to candidacies.-Any
1367	candidate, political committee, committee of continuous
1368	existence, electioneering communication organization, affiliated
1369	party committee, or state or county executive committee of a
1370	political party may authorize or conduct a political poll,
1371	survey, index, or measurement of any kind relating to candidacy
1372	for public office so long as the candidate, political committee,
1373	committee of continuous existence, electioneering communication
1374	organization, affiliated party committee, or political party
1375	maintains complete jurisdiction over the poll in all its
1376	aspects.
1377	Section 22.  Subsection (2) of section 106.23, Florida
1378	Statutes, is amended to read:
1379	106.23  Powers of the Division of Elections.-
1380	(2)  The Division of Elections shall provide advisory
1381	opinions when requested by any supervisor of elections,
1382	candidate, local officer having election-related duties,
1383	political party, affiliated party committee, political
1384	committee, committee of continuous existence, or other person or
1385	organization engaged in political activity, relating to any
1386	provisions or possible violations of Florida election laws with
1387	respect to actions such supervisor, candidate, local officer
1388	having election-related duties, political party, affiliated
1389	party committee, committee, person, or organization has taken or
1390	proposes to take. Requests for advisory opinions must be
1391	submitted in accordance with rules adopted by the Department of
1392	State. A written record of all such opinions issued by the
1393	division, sequentially numbered, dated, and indexed by subject
1394	matter, shall be retained. A copy shall be sent to said person
1395	or organization upon request. Any such person or organization,
1396	acting in good faith upon such an advisory opinion, shall not be
1397	subject to any criminal penalty provided for in this chapter.
1398	The opinion, until amended or revoked, shall be binding on any
1399	person or organization who sought the opinion or with reference
1400	to whom the opinion was sought, unless material facts were
1401	omitted or misstated in the request for the advisory opinion.
1402	Section 23.  Subsections (1) and (2) of section 106.265,
1403	Florida Statutes, are amended to read:
1404	106.265  Civil penalties.-
1405	(1)  The commission is authorized upon the finding of a
1406	violation of this chapter or chapter 104 to impose civil
1407	penalties in the form of fines not to exceed $1,000 per count.
1408	In determining the amount of such civil penalties, the
1409	commission shall consider, among other mitigating and
1410	aggravating circumstances:
1411	(a)  The gravity of the act or omission;
1412	(b)  Any previous history of similar acts or omissions;
1413	(c)  The appropriateness of such penalty to the financial
1414	resources of the person, political committee, committee of
1415	continuous existence, affiliated party committee, or political
1416	party; and
1417	(d)  Whether the person, political committee, committee of
1418	continuous existence, affiliated party committee, or political
1419	party has shown good faith in attempting to comply with the
1420	provisions of this chapter or chapter 104.
1421	(2)  If any person, political committee, committee of
1422	continuous existence, affiliated party committee, or political
1423	party fails or refuses to pay to the commission any civil
1424	penalties assessed pursuant to the provisions of this section,
1425	the commission shall be responsible for collecting the civil
1426	penalties resulting from such action.
1427	Section 24.  Subsection (2) of section 106.27, Florida
1428	Statutes, is amended to read:
1429	106.27  Determinations by commission; legal disposition.-
1430	(2)  Civil actions may be brought by the commission for
1431	relief, including permanent or temporary injunctions,
1432	restraining orders, or any other appropriate order for the
1433	imposition of civil penalties provided by this chapter. Such
1434	civil actions shall be brought by the commission in the
1435	appropriate court of competent jurisdiction, and the venue shall
1436	be in the county in which the alleged violation occurred or in
1437	which the alleged violator or violators are found, reside, or
1438	transact business. Upon a proper showing that such person,
1439	political committee, committee of continuous existence,
1440	affiliated party committee, or political party has engaged, or
1441	is about to engage, in prohibited acts or practices, a permanent
1442	or temporary injunction, restraining order, or other order shall
1443	be granted without bond by such court, and the civil fines
1444	provided by this chapter may be imposed.
1445	Section 25.  Section 106.29, Florida Statutes, is amended
1446	to read:
1447	106.29  Reports by political parties and affiliated party
1448	committees; restrictions on contributions and expenditures;
1449	penalties.-
1450	(1)  The state executive committee and each county
1451	executive committee of each political party and any affiliated
1452	party committee regulated by chapter 103 shall file regular
1453	reports of all contributions received and all expenditures made
1454	by such committee. Such reports shall contain the same
1455	information as do reports required of candidates by s. 106.07
1456	and shall be filed on the 10th day following the end of each
1457	calendar quarter, except that, during the period from the last
1458	day for candidate qualifying until the general election, such
1459	reports shall be filed on the Friday immediately preceding both
1460	the primary election and the general election. In addition to
1461	the reports filed under this section, the state executive
1462	committee, and each county executive committee, and each
1463	affiliated party committee shall file a copy of each prior
1464	written acceptance of an in-kind contribution given by the
1465	committee during the preceding calendar quarter as required
1466	under s. 106.08(6). Each state executive committee and
1467	affiliated party committee shall file the original and one copy
1468	of its reports with the Division of Elections. Each county
1469	executive committee shall file its reports with the supervisor
1470	of elections in the county in which such committee exists. Any
1471	state or county executive committee or affiliated party
1472	committee failing to file a report on the designated due date
1473	shall be subject to a fine as provided in subsection (3). No
1474	separate fine shall be assessed for failure to file a copy of
1475	any report required by this section.
1476	(2)  The chair and treasurer of each state or county
1477	executive committee shall certify as to the correctness of each
1478	report filed by them on behalf of such committee. The leader and
1479	treasurer of each affiliated party committee under s. 103.092
1480	shall certify as to the correctness of each report filed by them
1481	on behalf of such committee. Any committee chair, leader, or
1482	treasurer who certifies the correctness of any report while
1483	knowing that such report is incorrect, false, or incomplete
1484	commits a felony of the third degree, punishable as provided in
1485	s. 775.082, s. 775.083, or s. 775.084.
1486	(3)(a)  Any state or county executive committee or
1487	affiliated party committee failing to file a report on the
1488	designated due date shall be subject to a fine as provided in
1489	paragraph (b) for each late day. The fine shall be assessed by
1490	the filing officer, and the moneys collected shall be deposited
1491	in the General Revenue Fund.
1492	(b)  Upon determining that a report is late, the filing
1493	officer shall immediately notify the chair of the executive
1494	committee or the leader of the affiliated party committee as
1495	defined in s. 103.092 as to the failure to file a report by the
1496	designated due date and that a fine is being assessed for each
1497	late day. The fine shall be $1,000 for a state executive
1498	committee, $1,000 for an affiliated party committee, and $50 for
1499	a county executive committee, per day for each late day, not to
1500	exceed 25 percent of the total receipts or expenditures,
1501	whichever is greater, for the period covered by the late report.
1502	However, if an executive committee or an affiliated party
1503	committee fails to file a report on the Friday immediately
1504	preceding the general election, the fine shall be $10,000 per
1505	day for each day a state executive committee is late, $10,000
1506	per day for each day an affiliated party committee is late, and
1507	$500 per day for each day a county executive committee is late.
1508	Upon receipt of the report, the filing officer shall determine
1509	the amount of the fine which is due and shall notify the chair
1510	or leader as defined in s. 103.092. The filing officer shall
1511	determine the amount of the fine due based upon the earliest of
1512	the following:
1513	1.  When the report is actually received by such officer.
1514	2.  When the report is postmarked.
1515	3.  When the certificate of mailing is dated.
1516	4.  When the receipt from an established courier company is
1517	dated.
1518	5.  When the electronic receipt issued pursuant to s.
1519	106.0705 is dated.
1520
1521	Such fine shall be paid to the filing officer within 20 days
1522	after receipt of the notice of payment due, unless appeal is
1523	made to the Florida Elections Commission pursuant to paragraph
1524	(c). An officer or member of an executive committee shall not be
1525	personally liable for such fine.
1526	(c)  The chair of an executive committee or the leader of
1527	an affiliated party committee as defined in s. 103.092 may
1528	appeal or dispute the fine, based upon unusual circumstances
1529	surrounding the failure to file on the designated due date, and
1530	may request and shall be entitled to a hearing before the
1531	Florida Elections Commission, which shall have the authority to
1532	waive the fine in whole or in part. Any such request shall be
1533	made within 20 days after receipt of the notice of payment due.
1534	In such case, the chair of the executive committee or the leader
1535	of the affiliated party committee as defined in s. 103.092
1536	shall, within the 20-day period, notify the filing officer in
1537	writing of his or her intention to bring the matter before the
1538	commission.
1539	(d)  The appropriate filing officer shall notify the
1540	Florida Elections Commission of the repeated late filing by an
1541	executive committee or affiliated party committee, the failure
1542	of an executive committee or affiliated party committee to file
1543	a report after notice, or the failure to pay the fine imposed.
1544	(4)  Any contribution received by a state or county
1545	executive committee or affiliated party committee less than 5
1546	days before an election shall not be used or expended in behalf
1547	of any candidate, issue, affiliated party committee, or
1548	political party participating in such election.
1549	(5)  No state or county executive committee or affiliated
1550	party committee, in the furtherance of any candidate or
1551	political party, directly or indirectly, shall give, pay, or
1552	expend any money, give or pay anything of value, authorize any
1553	expenditure, or become pecuniarily liable for any expenditure
1554	prohibited by this chapter. However, the contribution of funds
1555	by one executive committee to another or to established party
1556	organizations for legitimate party or campaign purposes is not
1557	prohibited, but all such contributions shall be recorded and
1558	accounted for in the reports of the contributor and recipient.
1559	(6)(a)  The national, state, and county executive
1560	committees of a political party and affiliated party committees
1561	may not contribute to any candidate any amount in excess of the
1562	limits contained in s. 106.08(2), and all contributions required
1563	to be reported under s. 106.08(2) by the national executive
1564	committee of a political party shall be reported by the state
1565	executive committee of that political party.
1566	(b)  A violation of the contribution limits contained in s.
1567	106.08(2) is a misdemeanor of the first degree, punishable as
1568	provided in s. 775.082 or s. 775.083. A civil penalty equal to
1569	three times the amount in excess of the limits contained in s.
1570	106.08(2) shall be assessed against any executive committee
1571	found in violation thereof.
1572	Section 26.  Paragraph (d) of subsection (1) of section
1573	11.045, Florida Statutes, is amended to read:
1574	11.045  Lobbying before the Legislature; registration and
1575	reporting; exemptions; penalties.-
1576	(1)  As used in this section, unless the context otherwise
1577	requires:
1578	(d)  "Expenditure" means a payment, distribution, loan,
1579	advance, reimbursement, deposit, or anything of value made by a
1580	lobbyist or principal for the purpose of lobbying. The term
1581	"expenditure" does not include contributions or expenditures
1582	reported pursuant to chapter 106 or federal election law,
1583	campaign-related personal services provided without compensation
1584	by individuals volunteering their time, any other contribution
1585	or expenditure made by or to a political party or affiliated
1586	party committee, or any other contribution or expenditure made
1587	by an organization that is exempt from taxation under 26 U.S.C.
1588	s. 527 or s. 501(c)(4).
1589	Section 27.  Paragraph (b) of subsection (12) of section
1590	112.312, Florida Statutes, is amended to read:
1591	112.312  Definitions.-As used in this part and for purposes
1592	of the provisions of s. 8, Art. II of the State Constitution,
1593	unless the context otherwise requires:
1594	(12)
1595	(b)  "Gift" does not include:
1596	1.  Salary, benefits, services, fees, commissions, gifts,
1597	or expenses associated primarily with the donee's employment,
1598	business, or service as an officer or director of a corporation
1599	or organization.
1600	2.  Contributions or expenditures reported pursuant to
1601	chapter 106, campaign-related personal services provided without
1602	compensation by individuals volunteering their time, or any
1603	other contribution or expenditure by a political party or
1604	affiliated party committee.
1605	3.  An honorarium or an expense related to an honorarium
1606	event paid to a person or the person's spouse.
1607	4.  An award, plaque, certificate, or similar personalized
1608	item given in recognition of the donee's public, civic,
1609	charitable, or professional service.
1610	5.  An honorary membership in a service or fraternal
1611	organization presented merely as a courtesy by such
1612	organization.
1613	6.  The use of a public facility or public property, made
1614	available by a governmental agency, for a public purpose.
1615	7.  Transportation provided to a public officer or employee
1616	by an agency in relation to officially approved governmental
1617	business.
1618	8.  Gifts provided directly or indirectly by a state,
1619	regional, or national organization which promotes the exchange
1620	of ideas between, or the professional development of,
1621	governmental officials or employees, and whose membership is
1622	primarily composed of elected or appointed public officials or
1623	staff, to members of that organization or officials or staff of
1624	a governmental agency that is a member of that organization.
1625	Section 28.  Paragraph (d) of subsection (1) of section
1626	112.3215, Florida Statutes, is amended to read:
1627	112.3215  Lobbying before the executive branch or the
1628	Constitution Revision Commission; registration and reporting;
1629	investigation by commission.-
1630	(1)  For the purposes of this section:
1631	(d)  "Expenditure" means a payment, distribution, loan,
1632	advance, reimbursement, deposit, or anything of value made by a
1633	lobbyist or principal for the purpose of lobbying. The term
1634	"expenditure" does not include contributions or expenditures
1635	reported pursuant to chapter 106 or federal election law,
1636	campaign-related personal services provided without compensation
1637	by individuals volunteering their time, any other contribution
1638	or expenditure made by or to a political party or an affiliated
1639	party committee, or any other contribution or expenditure made
1640	by an organization that is exempt from taxation under 26 U.S.C.
1641	s. 527 or s. 501(c)(4).
1642	Section 29.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.