CS/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. 106.141, F.S.; adding
85	affiliated party committees to the list of entities to
86	which a candidate may donate surplus funds; amending s.
87	106.143, F.S.; requiring an affiliated party committee,
88	like a political party, to obtain advance approval by a
89	candidate for political advertisements; amending s.
90	106.1439, F.S.; providing identification requirements for
91	certain electioneering communications; providing an
92	exception for telephone calls; amending s. 106.147, F.S.,
93	relating to telephone solicitation disclosure
94	requirements; removing requirements relating to
95	electioneering communication, to conform; revising the
96	definition of the term "person" to include an affiliated
97	party committee; providing penalties; amending s. 106.165,
98	F.S.; adding affiliated party committees to the entities
99	that must use closed captioning and descriptive narrative
100	in all television broadcasts; amending s. 106.17, F.S.;
101	adding affiliated party committees to those entities
102	authorized to conduct polls and surveys relating to
103	candidacies; amending s. 106.23, F.S.; providing that an
104	affiliated party committee shall be provided an advisory
105	opinion by the Division of Elections when requested;
106	amending s. 106.265, F.S.; authorizing the imposition of
107	civil penalties by the Florida Elections Commission for
108	certain violations by an affiliated party committee;
109	amending s. 106.27, F.S.; adding affiliated party
110	committees to those entities subject to certain
111	determinations and legal disposition by the Florida
112	Elections Commission; amending s. 106.29, F.S.; requiring
113	filing of certain reports by an affiliated party
114	committee; providing restrictions on certain expenditures
115	and contributions; providing penalties; amending s.
116	11.045, F.S., relating to lobbying before the Legislature;
117	excluding contributions and expenditures by an affiliated
118	party committee from the definition of the term
119	"expenditure"; amending s. 112.312, F.S.; providing that
120	certain activities pertaining to an affiliated party
121	committee are excluded from the definition of the term
122	"gift"; amending s. 112.3215, F.S., relating to lobbying
123	before the executive branch or the Constitution Revision
124	Commission; excluding contributions and expenditures by an
125	affiliated party committee from the definition of the term
126	"expenditure"; reenacting ss. 106.011(1)(b), (3), (4),
127	(18), and (19), 106.022(1), 106.03(1)(b), 106.04(5),
128	106.0703, 106.0705(2)(b), 106.071(1), 106.08(7), 106.1437,
129	106.1439, and 106.17, F.S., relating to definitions,
130	registered office and agent requirements, registration
131	requirements, prohibited activities for committees of
132	continuous existence, additional reporting requirements,
133	electronic filing requirements, expenditure reports,
134	penalties for violations pertaining to limitations on
135	contributions, miscellaneous advertisements,
136	electioneering communications disclaimers and penalties
137	for failure to include disclaimers, and polls and surveys
138	pertaining to candidacies, to cure and conform; providing
139	an effective date.
140
141	Be It Enacted by the Legislature of the State of Florida:
142
143	Section 1.  Subsection (4) is added to section 103.081,
144	Florida Statutes, to read:
145	103.081  Use of party name; political advertising.-
146	(4)  Notwithstanding any other provision of law to the
147	contrary, an affiliated party committee shall be entitled to use
148	the name, abbreviation, or symbol of the political party of its
149	leader as defined in s. 103.092.
150	Section 2.  Section 103.092, Florida Statutes, is created
151	to read:
152	103.092  Affiliated party committees.-
153	(1)  For purposes of this section, the term "leader" means
154	the President of the Senate, the Speaker of the House of
155	Representatives, or the minority leader of either house of the
156	Legislature, until a person is designated by a political party
157	conference of members of either house to succeed to any such
158	position, at which time the designee becomes the leader for
159	purposes of this section.
160	(2)  The leader of each political party conference of the
161	House of Representatives and the Senate may establish a
162	separate, affiliated party committee to support the election of
163	candidates of the leader's political party. The affiliated party
164	committee is subject to the same provisions of chapter 106 as a
165	political party.
166	(3)  Each affiliated party committee shall:
167	(a)  Adopt bylaws to include, at a minimum, the designation
168	of a treasurer.
169	(b)  Conduct campaigns for candidates who are members of
170	the leader's political party.
171	(c)  Establish an account.
172	(d)  Raise and expend funds. Such funds may not be expended
173	or committed to be expended except when authorized by the leader
174	of the affiliated party committee.
175	Section 3.  Paragraph (b) of subsection (1) of section
176	103.121, Florida Statutes, is amended to read:
177	103.121  Powers and duties of executive committees.-
178	(1)
179	(b)  The county executive committee shall receive payment
180	of assessments upon candidates to be voted for in a single
181	county except state senators, state and members of the House of
182	representatives, and representatives to the Congress of the
183	United States; an affiliated party committee controlled by a
184	leader of the Senate as defined in s. 103.092 shall receive
185	payment of assessments upon candidates for the office of state
186	senator and an affiliated party committee controlled by a leader
187	of the House of Representatives as defined in s. 103.092 shall
188	receive payment of assessments upon candidates for the office of
189	state representative; and the state executive committees shall
190	receive all other assessments authorized. All party assessments
191	shall be 2 percent of the annual salary of the office sought by
192	the respective candidate. All such committee assessments shall
193	be remitted to the state executive committee of the appropriate
194	party and distributed in accordance with subsection (5), except
195	that assessments for candidates for the office of state senator
196	or state representative shall be remitted to the appropriate
197	affiliated party committee.
198	Section 4.  Paragraph (a) of subsection (1) of section of
199	section 106.011, Florida Statutes, is amended, paragraph (b) of
200	subsection (1) of that section is reenacted and amended,
201	subsections (3) and (4) of that section are reenacted,
202	subsections (5), (8), and (14) of that section are amended, and
203	subsections (18) and (19) of that section are reenacted and
204	amended, to read:
205	106.011  Definitions.-As used in this chapter, the
206	following terms have the following meanings unless the context
207	clearly indicates otherwise:
208	(1)(a)  "Political committee" means:
209	1.  A combination of two or more individuals, or a person
210	other than an individual, that, in an aggregate amount in excess
211	of $500 during a single calendar year:
212	a.  Accepts contributions for the purpose of making
213	contributions to any candidate, political committee, committee
214	of continuous existence, affiliated party committee, or
215	political party;
216	b.  Accepts contributions for the purpose of expressly
217	advocating the election or defeat of a candidate or the passage
218	or defeat of an issue;
219	c.  Makes expenditures that expressly advocate the election
220	or defeat of a candidate or the passage or defeat of an issue;
221	or
222	d.  Makes contributions to a common fund, other than a
223	joint checking account between spouses, from which contributions
224	are made to any candidate, political committee, committee of
225	continuous existence, affiliated party committee, or political
226	party;
227	2.  The sponsor of a proposed constitutional amendment by
228	initiative who intends to seek the signatures of registered
229	electors.
230	(b)  Notwithstanding paragraph (a), the following entities
231	are not considered political committees for purposes of this
232	chapter:
233	1.  Organizations which are certified by the Department of
234	State as committees of continuous existence pursuant to s.
235	106.04, national political parties, and the state and county
236	executive committees of political parties, and affiliated party
237	committees regulated by chapter 103.
238	2.  Corporations regulated by chapter 607 or chapter 617 or
239	other business entities formed for purposes other than to
240	support or oppose issues or candidates, if their political
241	activities are limited to contributions to candidates, political
242	parties, affiliated party committees, or political committees or
243	expenditures in support of or opposition to an issue from
244	corporate or business funds and if no contributions are received
245	by such corporations or business entities.
246	3.  Electioneering communications organizations as defined
247	in subsection (19); however, such organizations shall be
248	required to register with and report expenditures and
249	contributions, including contributions received from committees
250	of continuous existence, to the Division of Elections in the
251	same manner, at the same time, and subject to the same penalties
252	as a political committee supporting or opposing an issue or a
253	legislative candidate, except as otherwise specifically provided
254	in this chapter.
255	(3)  "Contribution" means:
256	(a)  A gift, subscription, conveyance, deposit, loan,
257	payment, or distribution of money or anything of value,
258	including contributions in kind having an attributable monetary
259	value in any form, made for the purpose of influencing the
260	results of an election or making an electioneering
261	communication.
262	(b)  A transfer of funds between political committees,
263	between committees of continuous existence, between
264	electioneering communications organizations, or between any
265	combination of these groups.
266	(c)  The payment, by any person other than a candidate or
267	political committee, of compensation for the personal services
268	of another person which are rendered to a candidate or political
269	committee without charge to the candidate or committee for such
270	services.
271	(d)  The transfer of funds by a campaign treasurer or
272	deputy campaign treasurer between a primary depository and a
273	separate interest-bearing account or certificate of deposit, and
274	the term includes any interest earned on such account or
275	certificate.
276
277	Notwithstanding the foregoing meanings of "contribution," the
278	word shall not be construed to include services, including, but
279	not limited to, legal and accounting services, provided without
280	compensation by individuals volunteering a portion or all of
281	their time on behalf of a candidate or political committee. This
282	definition shall not be construed to include editorial
283	endorsements.
284	(4)(a)  "Expenditure" means a purchase, payment,
285	distribution, loan, advance, transfer of funds by a campaign
286	treasurer or deputy campaign treasurer between a primary
287	depository and a separate interest-bearing account or
288	certificate of deposit, or gift of money or anything of value
289	made for the purpose of influencing the results of an election
290	or making an electioneering communication. However,
291	"expenditure" does not include a purchase, payment,
292	distribution, loan, advance, or gift of money or anything of
293	value made for the purpose of influencing the results of an
294	election when made by an organization, in existence prior to the
295	time during which a candidate qualifies or an issue is placed on
296	the ballot for that election, for the purpose of printing or
297	distributing such organization's newsletter, containing a
298	statement by such organization in support of or opposition to a
299	candidate or issue, which newsletter is distributed only to
300	members of such organization.
301	(b)  As used in this chapter, an "expenditure" for an
302	electioneering communication is made when the earliest of the
303	following occurs:
304	1.  A person enters into a contract for applicable goods or
305	services;
306	2.  A person makes payment, in whole or in part, for the
307	production or public dissemination of applicable goods or
308	services; or
309	3.  The electioneering communication is publicly
310	disseminated.
311	(5)(a)  "Independent expenditure" means an expenditure by a
312	person for the purpose of expressly advocating the election or
313	defeat of a candidate or the approval or rejection of an issue,
314	which expenditure is not controlled by, coordinated with, or
315	made upon consultation with, any candidate, political committee,
316	or agent of such candidate or committee. An expenditure for such
317	purpose by a person having a contract with the candidate,
318	political committee, or agent of such candidate or committee in
319	a given election period shall not be deemed an independent
320	expenditure.
321	(b)  An expenditure for the purpose of expressly advocating
322	the election or defeat of a candidate which is made by the
323	national, state, or county executive committee of a political
324	party, including any subordinate committee of the a national,
325	state, or county committee of a political party, an affiliated
326	party committee, a or by any political committee, a or committee
327	of continuous existence, or any other person, shall not be
328	considered an independent expenditure if the committee or
329	person:
330	1.  Communicates with the candidate, the candidate's
331	campaign, or an agent of the candidate acting on behalf of the
332	candidate, including any pollster, media consultant, advertising
333	agency, vendor, advisor, or staff member, concerning the
334	preparation of, use of, or payment for, the specific expenditure
335	or advertising campaign at issue; or
336	2.  Makes a payment in cooperation, consultation, or
337	concert with, at the request or suggestion of, or pursuant to
338	any general or particular understanding with the candidate, the
339	candidate's campaign, a political committee supporting the
340	candidate, or an agent of the candidate relating to the specific
341	expenditure or advertising campaign at issue; or
342	3.  Makes a payment for the dissemination, distribution, or
343	republication, in whole or in part, of any broadcast or any
344	written, graphic, or other form of campaign material prepared by
345	the candidate, the candidate's campaign, or an agent of the
346	candidate, including any pollster, media consultant, advertising
347	agency, vendor, advisor, or staff member; or
348	4.  Makes a payment based on information about the
349	candidate's plans, projects, or needs communicated to a member
350	of the committee or person by the candidate or an agent of the
351	candidate, provided the committee or person uses the information
352	in any way, in whole or in part, either directly or indirectly,
353	to design, prepare, or pay for the specific expenditure or
354	advertising campaign at issue; or
355	5.  After the last day of qualifying for statewide or
356	legislative office, consults about the candidate's plans,
357	projects, or needs in connection with the candidate's pursuit of
358	election to office and the information is used in any way to
359	plan, create, design, or prepare an independent expenditure or
360	advertising campaign, with:
361	a.  Any officer, director, employee, or agent of a
362	national, state, or county executive committee of a political
363	party or an affiliated party committee that has made or intends
364	to make expenditures in connection with or contributions to the
365	candidate; or
366	b.  Any person whose professional services have been
367	retained by a national, state, or county executive committee of
368	a political party or an affiliated party committee that has made
369	or intends to make expenditures in connection with or
370	contributions to the candidate; or
371	6.  After the last day of qualifying for statewide or
372	legislative office, retains the professional services of any
373	person also providing those services to the candidate in
374	connection with the candidate's pursuit of election to office;
375	or
376	7.  Arranges, coordinates, or directs the expenditure, in
377	any way, with the candidate or an agent of the candidate.
378	(8)  "Person" means an individual or a corporation,
379	association, firm, partnership, joint venture, joint stock
380	company, club, organization, estate, trust, business trust,
381	syndicate, or other combination of individuals having collective
382	capacity. The term includes a political party, affiliated party
383	committee, political committee, or committee of continuous
384	existence.
385	(14)  "Filing officer" means the person before whom a
386	candidate qualifies, the agency or officer with whom a political
387	committee or an electioneering communications organization
388	registers, or the agency by whom a committee of continuous
389	existence is certified.
390	(18)(a)  "Electioneering communication" means any
391	communication publicly distributed by a television station,
392	radio station, cable television system, satellite system,
393	newspaper, magazine, direct mail, or telephone a paid expression
394	in any communications media prescribed in subsection (13) by
395	means other than the spoken word in direct conversation that:
396	1.  Refers to or depicts a clearly identified candidate for
397	office or contains a clear reference indicating that an issue is
398	to be voted on at an election, without expressly advocating the
399	election or defeat of a candidate but that is susceptible of no
400	reasonable interpretation other than an appeal to vote for or
401	against a specific candidate; or the passage or defeat of an
402	issue.
403	2.  Is made within 30 days before a primary or special
404	primary election or 60 days before any other election for the
405	office sought by the candidate; and
406	3.  Is For communications referring to or depicting a
407	clearly identified candidate for office, is targeted to the
408	relevant electorate. A communication is considered targeted if
409	1,000 or more persons in the geographic area the candidate would
410	represent if elected will receive the communication.
411	3.  For communications containing a clear reference
412	indicating that an issue is to be voted on at an election, is
413	published after the issue is designated a ballot position or 120
414	days before the date of the election on the issue, whichever
415	occurs first.
416	(b)  The term "electioneering communication" does not
417	include:
418	1.  A communication disseminated through a means of
419	communication other than a television station, radio station,
420	cable television system, satellite system, newspaper, magazine,
421	direct mail, telephone, or statement or depiction by an
422	organization, in existence prior to the time during which a
423	candidate named or depicted qualifies or an issue identified is
424	placed on the ballot for that election, made in that
425	organization's newsletter, which newsletter is distributed only
426	to members of that organization.
427	2.  A communication in a news story, commentary, or
428	editorial distributed through the facilities of any radio
429	station, television station, cable television system, or
430	satellite system, unless the facilities are owned or controlled
431	by any political party, political committee, or candidate. A
432	news story distributed through the facilities owned or
433	controlled by any political party, political committee, or
434	candidate may nevertheless be exempt if it represents a bona
435	fide news account communicated through a licensed broadcasting
436	facility and the communication is part of a general pattern of
437	campaign-related news accounts that give reasonably equal
438	coverage to all opposing candidates in the area An editorial
439	endorsement, news story, commentary, or editorial by any
440	newspaper, radio, television station, or other recognized news
441	medium.
442	3.  A communication that constitutes a public debate or
443	forum that includes at least two opposing candidates for an
444	office or one advocate and one opponent of an issue, or that
445	solely promotes such a debate or forum and is made by or on
446	behalf of the person sponsoring the debate or forum, provided
447	that:
448	a.  The staging organization is either:
449	(I)  A charitable organization that does not make other
450	electioneering communications and does not otherwise support or
451	oppose any political candidate or political party; or
452	(II)  A newspaper, radio station, television station, or
453	other recognized news medium; and
454	b.  The staging organization does not structure the debate
455	to promote or advance one candidate or issue position over
456	another.
457	(c)  For purposes of this chapter, an expenditure made for,
458	or in furtherance of, an electioneering communication shall not
459	be considered a contribution to or on behalf of any candidate.
460	(d)  For purposes of this chapter, an electioneering
461	communication shall not constitute an independent expenditure
462	nor be subject to the limitations applicable to independent
463	expenditures.
464	(19)  "Electioneering communications organization" means
465	any group, other than a political party, affiliated party
466	committee, political committee, or committee of continuous
467	existence, whose election-related activities are limited to
468	making expenditures for electioneering communications or
469	accepting contributions for the purpose of making electioneering
470	communications and whose activities would not otherwise require
471	the group to register as a political party, political committee,
472	or committee of continuous existence under this chapter.
473	Section 5.  Subsection (3) of section 106.021, Florida
474	Statutes, is amended to read:
475	106.021  Campaign treasurers; deputies; primary and
476	secondary depositories.-
477	(3)  No contribution or expenditure, including
478	contributions or expenditures of a candidate or of the
479	candidate's family, shall be directly or indirectly made or
480	received in furtherance of the candidacy of any person for
481	nomination or election to political office in the state or on
482	behalf of any political committee except through the duly
483	appointed campaign treasurer of the candidate or political
484	committee, subject to the following exceptions:
485	(a)  Independent expenditures;
486	(b)  Reimbursements to a candidate or any other individual
487	for expenses incurred in connection with the campaign or
488	activities of the political committee by a check drawn upon the
489	campaign account and reported pursuant to s. 106.07(4). After
490	July 1, 2004, the full name and address of each person to whom
491	the candidate or other individual made payment for which
492	reimbursement was made by check drawn upon the campaign account
493	shall be reported pursuant to s. 106.07(4), together with the
494	purpose of such payment;
495	(c)  Expenditures made indirectly through a treasurer for
496	goods or services, such as communications media placement or
497	procurement services, campaign signs, insurance, or other
498	expenditures that include multiple integral components as part
499	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
500	or
501	(d)  Expenditures made directly by any political committee,
502	affiliated party committee, or political party regulated by
503	chapter 103 for obtaining time, space, or services in or by any
504	communications medium for the purpose of jointly endorsing three
505	or more candidates, and any such expenditure shall not be
506	considered a contribution or expenditure to or on behalf of any
507	such candidates for the purposes of this chapter.
508	Section 6.  Subsection (1) of section 106.022, Florida
509	Statutes, is reenacted to read:
510	106.022  Appointment of a registered agent; duties.-
511	(1)  Each political committee, committee of continuous
512	existence, or electioneering communications organization shall
513	have and continuously maintain in this state a registered office
514	and a registered agent and must file with the division a
515	statement of appointment for the registered office and
516	registered agent. The statement of appointment must:
517	(a)  Provide the name of the registered agent and the
518	street address and phone number for the registered office;
519	(b)  Identify the entity for whom the registered agent
520	serves;
521	(c)  Designate the address the registered agent wishes to
522	use to receive mail;
523	(d)  Include the entity's undertaking to inform the
524	division of any change in such designated address;
525	(e)  Provide for the registered agent's acceptance of the
526	appointment, which must confirm that the registered agent is
527	familiar with and accepts the obligations of the position as set
528	forth in this section; and
529	(f)  Contain the signature of the registered agent and the
530	entity engaging the registered agent.
531	Section 7.  Subsection (2) of section 106.025, Florida
532	Statutes, is amended to read:
533	106.025  Campaign fund raisers.-
534	(2)  This section shall not apply to any campaign fund
535	raiser held on behalf of a political party by the state or
536	county executive committee or an affiliated party committee of
537	such party, provided that the proceeds of such campaign fund
538	raiser are reported pursuant to s. 106.29.
539	Section 8.  Paragraph (b) of subsection (1) of section
540	106.03, Florida Statutes, is reenacted and amended, and
541	subsections (2), (4), and (7) of that section are amended, to
542	read:
543	106.03  Registration of political committees and
544	electioneering communications organizations.-
545	(1)
546	(b)1.  Each electioneering communications organization that
547	receives anticipates receiving contributions or makes making
548	expenditures during a calendar year in an aggregate amount
549	exceeding $5,000 shall file a statement of organization as
550	provided in subparagraph 2. subsection (3) by expedited delivery
551	within 24 hours after its organization or, if later, within 24
552	hours after the date on which it receives has information that
553	causes the organization to anticipate that it will receive
554	contributions or makes make expenditures for an electioneering
555	communication in excess of $5,000.
556	2.a.  In a statewide, legislative, or multicounty election,
557	an electioneering communications organization shall file a
558	statement of organization with the Division of Elections.
559	b.  In a countywide election or any election held on less
560	than a countywide basis, except as described in sub-subparagraph
561	c., an electioneering communications organization shall file a
562	statement of organization with the supervisor of elections of
563	the county in which the election is being held.
564	c.  In a municipal election, an electioneering
565	communications organization shall file a statement of
566	organization with the officer before whom municipal candidates
567	qualify.
568	d.  Any electioneering communications organization that
569	would be required to file a statement of organization in two or
570	more locations by reason of the organization's intention to
571	support or oppose candidates at state or multicounty and local
572	levels of government need only file a statement of organization
573	with the Division of Elections.
574	(2)  The statement of organization shall include:
575	(a)  The name, mailing address, and street address of the
576	committee or electioneering communications organization;
577	(b)  The names, street addresses, and relationships of
578	affiliated or connected organizations;
579	(c)  The area, scope, or jurisdiction of the committee or
580	electioneering communications organization;
581	(d)  The name, mailing address, street address, and
582	position of the custodian of books and accounts;
583	(e)  The name, mailing address, street address, and
584	position of other principal officers, including the treasurer
585	and deputy treasurer including officers and members of the
586	finance committee, if any;
587	(f)  The name, address, office sought, and party
588	affiliation of:
589	1.  Each candidate whom the committee is supporting;
590	2.  Any other individual, if any, whom the committee is
591	supporting for nomination for election, or election, to any
592	public office whatever;
593	(g)  Any issue or issues the committee such organization is
594	supporting or opposing;
595	(h)  If the committee is supporting the entire ticket of
596	any party, a statement to that effect and the name of the party;
597	(i)  A statement of whether the committee is a continuing
598	one;
599	(j)  Plans for the disposition of residual funds which will
600	be made in the event of dissolution;
601	(k)  A listing of all banks, safe-deposit boxes, or other
602	depositories used for committee or electioneering communications
603	organization funds; and
604	(l)  A statement of the reports required to be filed by the
605	committee or the electioneering communications organization with
606	federal officials, if any, and the names, addresses, and
607	positions of such officials; and
608	(m)  A statement of whether the electioneering
609	communications organization was formed as a newly created
610	organization during the current calendar quarter or was formed
611	from an organization existing prior to the current calendar
612	quarter. For purposes of this subsection, calendar quarters end
613	the last day of March, June, September, and December.
614	(4)  Any change in information previously submitted in a
615	statement of organization shall be reported to the agency or
616	officer with whom such committee or electioneering
617	communications organization is required to register pursuant to
618	subsection (3), within 10 days following the change.
619	(7)  The Division of Elections shall adopt promulgate rules
620	to prescribe the manner in which inactive committees and
621	electioneering communications organizations may be dissolved and
622	have their registration canceled. Such rules shall, at a
623	minimum, provide for:
624	(a)  Notice which shall contain the facts and conduct which
625	warrant the intended action, including but not limited to
626	failure to file reports and limited activity.
627	(b)  Adequate opportunity to respond.
628	(c)  Appeal of the decision to the Florida Elections
629	Commission. Such appeals shall be exempt from the
630	confidentiality provisions of s. 106.25.
631	Section 9.  Paragraph (c) of subsection (4) of section
632	106.04, Florida Statutes, is amended, and subsection (5) of that
633	section is reenacted, to read:
634	106.04  Committees of continuous existence.-
635	(4)
636	(c)  All committees of continuous existence shall file
637	their reports with the Division of Elections. Reports shall be
638	filed in accordance with s. 106.0705 and shall contain the
639	following information:
640	1.  The full name, address, and occupation of each person
641	who has made one or more contributions, including contributions
642	that represent the payment of membership dues, to the committee
643	during the reporting period, together with the amounts and dates
644	of such contributions. For corporations, the report must provide
645	as clear a description as practicable of the principal type of
646	business conducted by the corporation. However, if the
647	contribution is $100 or less, the occupation of the contributor
648	or principal type of business need not be listed. However, for
649	any contributions that represent the payment of dues by members
650	in a fixed amount aggregating no more than $250 per calendar
651	year, pursuant to the schedule on file with the Division of
652	Elections, only the aggregate amount of such contributions need
653	be listed, together with the number of members paying such dues
654	and the amount of the membership dues.
655	2.  The name and address of each political committee or
656	committee of continuous existence from which the reporting
657	committee received, or the name and address of each political
658	committee, committee of continuous existence, affiliated party
659	committee, or political party to which it made, any transfer of
660	funds, together with the amounts and dates of all transfers.
661	3.  Any other receipt of funds not listed pursuant to
662	subparagraph 1. or subparagraph 2., including the sources and
663	amounts of all such funds.
664	4.  The name and address of, and office sought by, each
665	candidate to whom the committee has made a contribution during
666	the reporting period, together with the amount and date of each
667	contribution.
668	5.  The full name and address of each person to whom
669	expenditures have been made by or on behalf of the committee
670	within the reporting period; the amount, date, and purpose of
671	each such expenditure; and the name and address, and office
672	sought by, each candidate on whose behalf such expenditure was
673	made.
674	6.  The full name and address of each person to whom an
675	expenditure for personal services, salary, or reimbursement for
676	authorized expenses has been made, including the full name and
677	address of each entity to whom the person made payment for which
678	reimbursement was made by check drawn upon the committee
679	account, together with the amount and purpose of such payment.
680	7.  Transaction information from each credit card statement
681	that will be included in the next report following receipt
682	thereof by the committee. Receipts for each credit card purchase
683	shall be retained by the treasurer with the records for the
684	committee account.
685	8.  The total sum of expenditures made by the committee
686	during the reporting period.
687	(5)  No committee of continuous existence shall make an
688	electioneering communication, contribute to any candidate or
689	political committee an amount in excess of the limits contained
690	in s. 106.08(1), or participate in any activity which is
691	prohibited by this chapter. If any violation occurs, it shall be
692	punishable as provided in this chapter for the given offense. No
693	funds of a committee of continuous existence shall be expended
694	on behalf of a candidate, except by means of a contribution made
695	through the duly appointed campaign treasurer of a candidate. No
696	such committee shall make expenditures in support of, or in
697	opposition to, an issue unless such committee first registers as
698	a political committee pursuant to this chapter and undertakes
699	all the practices and procedures required thereof; provided such
700	committee may make contributions in a total amount not to exceed
701	25 percent of its aggregate income, as reflected in the annual
702	report filed for the previous year, to one or more political
703	committees registered pursuant to s. 106.03 and formed to
704	support or oppose issues.
705	Section 10.  Subsection (5) of section 106.0701, Florida
706	Statutes, is amended to read:
707	106.0701  Solicitation of contributions on behalf of s. 527
708	or s. 501(c)(4) organizations; reporting requirements; civil
709	penalty; exemption.-
710	(5)  The filing requirements of subsection (1) do not apply
711	to an individual acting on behalf of his or her own campaign, or
712	a political party, or an affiliated party committee of which the
713	individual is a member.
714	Section 11.  Section 106.0703, Florida Statutes, is
715	reenacted and amended to read:
716	106.0703  Electioneering communications organizations;
717	additional reporting requirements; certification and filing;
718	penalties.-
719	(1)(a)  Each electioneering communications organization
720	shall file regular reports of all contributions received and all
721	expenditures made by or on behalf of the organization. Reports
722	shall be filed on the 10th day following the end of each
723	calendar quarter from the time the organization is registered.
724	However, if the 10th day following the end of a calendar quarter
725	occurs on a Saturday, Sunday, or legal holiday, the report shall
726	be filed on the next following day that is not a Saturday,
727	Sunday, or legal holiday. Quarterly reports shall include all
728	contributions received and expenditures made during the calendar
729	quarter that have not otherwise been reported pursuant to this
730	section.
731	(b)  Following the last day of candidates qualifying for
732	office, the reports shall be filed on the 32nd, 18th, and 4th
733	days immediately preceding the primary election and on the 46th,
734	32nd, 18th, and 4th days immediately preceding the general
735	election.
736	(c)  When a special election is called to fill a vacancy in
737	office, all electioneering communications organizations making
738	contributions or expenditures to influence the results of the
739	special election shall file reports with the filing officer on
740	the dates set by the Department of State pursuant to s. 100.111.
741	(d)  In addition to the reports required by paragraph (a),
742	an electioneering communications organization that is registered
743	with the Department of State and that makes a contribution or
744	expenditure to influence the results of a county or municipal
745	election that is not being held at the same time as a state or
746	federal election must file reports with the county or municipal
747	filing officer on the same dates as county or municipal
748	candidates or committees for that election. The electioneering
749	communications organization must also include the expenditure in
750	the next report filed with the Division of Elections pursuant to
751	this section following the county or municipal election.
752	(e)  The filing officer shall make available to each
753	electioneering communications organization a schedule
754	designating the beginning and end of reporting periods as well
755	as the corresponding designated due dates.
756	(2)(a)  Except as provided in s. 106.0705, the reports
757	required of an electioneering communications organization shall
758	be filed with the filing officer not later than 5 p.m. of the
759	day designated. However, any report postmarked by the United
760	States Postal Service no later than midnight of the day
761	designated shall be deemed to have been filed in a timely
762	manner. Any report received by the filing officer within 5 days
763	after the designated due date that was delivered by the United
764	States Postal Service shall be deemed timely filed unless it has
765	a postmark that indicates that the report was mailed after the
766	designated due date. A certificate of mailing obtained from and
767	dated by the United States Postal Service at the time of
768	mailing, or a receipt from an established courier company, which
769	bears a date on or before the date on which the report is due,
770	shall be proof of mailing in a timely manner. Reports shall
771	contain information of all previously unreported contributions
772	received and expenditures made as of the preceding Friday,
773	except that the report filed on the Friday immediately preceding
774	the election shall contain information of all previously
775	unreported contributions received and expenditures made as of
776	the day preceding the designated due date. All such reports
777	shall be open to public inspection.
778	(b)1.  Any report that is deemed to be incomplete by the
779	officer with whom the electioneering communications organization
780	files shall be accepted on a conditional basis. The treasurer of
781	the electioneering communications organization shall be
782	notified, by certified mail or other common carrier that can
783	establish proof of delivery for the notice, as to why the report
784	is incomplete. Within 7 days after receipt of such notice, the
785	treasurer must file an addendum to the report providing all
786	information necessary to complete the report in compliance with
787	this section. Failure to file a complete report after such
788	notice constitutes a violation of this chapter.
789	2.  Notice is deemed sufficient upon proof of delivery of
790	written notice to the mailing or street address of the treasurer
791	or registered agent of the electioneering communication
792	organization on record with the filing officer.
793	(3)(a)  Each report required by this section must contain:
794	1.  The full name, address, and occupation, if any, of each
795	person who has made one or more contributions to or for such
796	electioneering communications organization within the reporting
797	period, together with the amount and date of such contributions.
798	For corporations, the report must provide as clear a description
799	as practicable of the principal type of business conducted by
800	the corporation. However, if the contribution is $100 or less,
801	the occupation of the contributor or the principal type of
802	business need not be listed.
803	2.  The name and address of each political committee from
804	which or to which the reporting electioneering communications
805	organization made any transfer of funds, together with the
806	amounts and dates of all transfers.
807	3.  Each loan for electioneering communication purposes to
808	or from any person or political committee within the reporting
809	period, together with the full names, addresses, and occupations
810	and principal places of business, if any, of the lender and
811	endorsers, if any, and the date and amount of such loans.
812	4.  A statement of each contribution, rebate, refund, or
813	other receipt not otherwise listed under subparagraphs 1.-3.
814	5.  The total sums of all loans, in-kind contributions, and
815	other receipts by or for such electioneering communications
816	organization during the reporting period. The reporting forms
817	shall be designed to elicit separate totals for in-kind
818	contributions, loans, and other receipts.
819	6.  The full name and address of each person to whom
820	expenditures have been made by or on behalf of the
821	electioneering communications organization within the reporting
822	period and the amount, date, and purpose of each expenditure.
823	7.  The full name and address of each person to whom an
824	expenditure for personal services, salary, or reimbursement for
825	expenses has been made and that is not otherwise reported,
826	including the amount, date, and purpose of the expenditure.
827	8.  The total sum of expenditures made by the
828	electioneering communications organization during the reporting
829	period.
830	9.  The amount and nature of debts and obligations owed by
831	or to the electioneering communications organization that relate
832	to the conduct of any electioneering communication.
833	10.  Transaction information for each credit card purchase.
834	Receipts for each credit card purchase shall be retained by the
835	electioneering communications organization.
836	11.  The amount and nature of any separate interest-bearing
837	accounts or certificates of deposit and identification of the
838	financial institution in which such accounts or certificates of
839	deposit are located.
840	12.  The primary purposes of an expenditure made indirectly
841	through an electioneering communications organization for goods
842	and services, such as communications media placement or
843	procurement services and other expenditures that include
844	multiple components as part of the expenditure. The primary
845	purpose of an expenditure shall be that purpose, including
846	integral and directly related components, that comprises 80
847	percent of such expenditure.
848	(b)  The filing officer shall make available to any
849	electioneering communications organization a reporting form
850	which the electioneering communications organization may use to
851	indicate contributions received by the electioneering
852	communications organization but returned to the contributor
853	before deposit.
854	(4)  The treasurer of the electioneering communications
855	organization shall certify as to the correctness of each report,
856	and each person so certifying shall bear the responsibility for
857	the accuracy and veracity of each report. Any treasurer who
858	willfully certifies the correctness of any report while knowing
859	that such report is incorrect, false, or incomplete commits a
860	misdemeanor of the first degree, punishable as provided in s.
861	775.082 or s. 775.083.
862	(5)  The electioneering communications organization
863	depository shall provide statements reflecting deposits and
864	expenditures from the account to the treasurer, who shall retain
865	the records pursuant to s. 106.06. The records maintained by the
866	depository with respect to the account shall be subject to
867	inspection by an agent of the Division of Elections or the
868	Florida Elections Commission at any time during normal banking
869	hours, and such depository shall furnish certified copies of any
870	such records to the Division of Elections or the Florida
871	Elections Commission upon request.
872	(6)  Notwithstanding any other provisions of this chapter,
873	in any reporting period during which an electioneering
874	communications organization has not received funds, made any
875	contributions, or expended any reportable funds, the treasurer
876	shall file a written report with the filing officer by the
877	prescribed reporting date that no reportable contributions or
878	expenditures were made during the reporting period.
879	(7)(a)  Any electioneering communications organization
880	failing to file a report on the designated due date shall be
881	subject to a fine as provided in paragraph (b) for each late
882	day. The fine shall be assessed by the filing officer and the
883	moneys collected shall be deposited:
884	1.  In the General Revenue Fund, in the case of an
885	electioneering communications organization that registers with
886	the Division of Elections; or
887	2.  In the general revenue fund of the political
888	subdivision, in the case of an electioneering communications
889	organization that registers with an officer of a political
890	subdivision.
891
892	No separate fine shall be assessed for failure to file a copy of
893	any report required by this section.
894	(b)  Upon determining that a report is late, the filing
895	officer shall immediately notify the electioneering
896	communications organization as to the failure to file a report
897	by the designated due date and that a fine is being assessed for
898	each late day. The fine shall be $50 per day for the first 3
899	days late and, thereafter, $500 per day for each late day, not
900	to exceed 25 percent of the total receipts or expenditures,
901	whichever is greater, for the period covered by the late report.
902	However, for the reports immediately preceding each primary and
903	general election, the fine shall be $500 per day for each late
904	day, not to exceed 25 percent of the total receipts or
905	expenditures, whichever is greater, for the period covered by
906	the late report. Upon receipt of the report, the filing officer
907	shall determine the amount of the fine which is due and shall
908	notify the electioneering communications organization. The
909	filing officer shall determine the amount of the fine due based
910	upon the earliest of the following:
911	1.  When the report is actually received by such officer.
912	2.  When the report is postmarked.
913	3.  When the certificate of mailing is dated.
914	4.  When the receipt from an established courier company is
915	dated.
916	5.  When the electronic receipt issued pursuant to s.
917	106.0705 or other electronic filing system authorized in this
918	section is dated.
919
920	Such fine shall be paid to the filing officer within 20 days
921	after receipt of the notice of payment due, unless appeal is
922	made to the Florida Elections Commission pursuant to paragraph
923	(c). Notice is deemed sufficient upon proof of delivery of
924	written notice to the mailing or street address on record with
925	the filing officer. An officer or member of an electioneering
926	communications organization shall not be personally liable for
927	such fine.
928	(c)  The treasurer of an electioneering communications
929	organization may appeal or dispute the fine, based upon, but not
930	limited to, unusual circumstances surrounding the failure to
931	file on the designated due date, and may request and shall be
932	entitled to a hearing before the Florida Elections Commission,
933	which shall have the authority to waive the fine in whole or in
934	part. The Florida Elections Commission must consider the
935	mitigating and aggravating circumstances contained in s.
936	106.265(1) when determining the amount of a fine, if any, to be
937	waived. Any such request shall be made within 20 days after
938	receipt of the notice of payment due. In such case, the
939	treasurer of the electioneering communications organization
940	shall, within the 20-day period, notify the filing officer in
941	writing of his or her intention to bring the matter before the
942	commission.
943	(d)  The appropriate filing officer shall notify the
944	Florida Elections Commission of the repeated late filing by an
945	electioneering communications organization, the failure of an
946	electioneering communications organization to file a report
947	after notice, or the failure to pay the fine imposed. The
948	commission shall investigate only those alleged late filing
949	violations specifically identified by the filing officer and as
950	set forth in the notification. Any other alleged violations must
951	be stated separately and reported by the division to the
952	commission under s. 106.25(2).
953	(8)  In addition to the reporting requirements in s.
954	106.07, An electioneering communications organization shall,
955	within 2 days after receiving its initial password or secure
956	sign-on from the Department of State allowing confidential
957	access to the department's electronic campaign finance filing
958	system, electronically file the periodic campaign finance
959	reports that would have been required pursuant to this section
960	s. 106.07 for reportable activities that occurred since the date
961	of the last general election.
962	Section 12.  Paragraph (b) of subsection (2) of section
963	106.0705, Florida Statutes, is reenacted and amended, and
964	subsections (3) and (4) of that section are amended, to read:
965	106.0705  Electronic filing of campaign treasurer's
966	reports.-
967	(2)
968	(b)  Each political committee, committee of continuous
969	existence, electioneering communications organization,
970	affiliated party committee, or state executive committee that is
971	required to file reports with the division under s. 106.04, s.
972	106.07, s. 106.0703, or s. 106.29, as applicable, must file such
973	reports with the division by means of the division's electronic
974	filing system.
975	(3)  Reports filed pursuant to this section shall be
976	completed and filed through the electronic filing system not
977	later than midnight of the day designated. Reports not filed by
978	midnight of the day designated are late filed and are subject to
979	the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),
980	or s. 106.29(3), as applicable.
981	(4)  Each report filed pursuant to this section is
982	considered to be under oath by the candidate and treasurer, or
983	the chair and treasurer, or the leader and treasurer under s.
984	103.092, whichever is applicable, and such persons are subject
985	to the provisions of s. 106.04(4)(d), s. 106.07(5), s.
986	106.0703(4), or s. 106.29(2), as applicable. Persons given a
987	secure sign-on to the electronic filing system are responsible
988	for protecting such from disclosure and are responsible for all
989	filings using such credentials, unless they have notified the
990	division that their credentials have been compromised.
991	Section 13.  Subsection (1) of section 106.071, Florida
992	Statutes, is reenacted and amended to read:
993	106.071  Independent expenditures; electioneering
994	communications; reports; disclaimers.-
995	(1)  Each person who makes an independent expenditure with
996	respect to any candidate or issue, and each individual who makes
997	an expenditure for an electioneering communication which is not
998	otherwise reported pursuant to this chapter, which expenditure,
999	in the aggregate, is in the amount of $5,000 $100 or more, shall
1000	file periodic reports of such expenditures in the same manner,
1001	at the same time, subject to the same penalties, and with the
1002	same officer as a political committee supporting or opposing
1003	such candidate or issue. The report shall contain the full name
1004	and address of the person making the expenditure; the full name
1005	and address of each person to whom and for whom each such
1006	expenditure has been made; the amount, date, and purpose of each
1007	such expenditure; a description of the services or goods
1008	obtained by each such expenditure; the issue to which the
1009	expenditure relates; and the name and address of, and office
1010	sought by, each candidate on whose behalf such expenditure was
1011	made.
1012	Section 14.  Subsections (1) , (2), (4), (5), and (6) of
1013	section 106.08, Florida Statutes, are amended, and subsection
1014	(7) of that section is reenacted and amended, to read:
1015	106.08  Contributions; limitations on.-
1016	(1)(a)  Except for political parties or affiliated party
1017	committees, no person, political committee, or committee of
1018	continuous existence may, in any election, make contributions in
1019	excess of $500 to any candidate for election to or retention in
1020	office or to any political committee supporting or opposing one
1021	or more candidates. Candidates for the offices of Governor and
1022	Lieutenant Governor on the same ticket are considered a single
1023	candidate for the purpose of this section.
1024	(b)1.  The contribution limits provided in this subsection
1025	do not apply to contributions made by a state or county
1026	executive committee of a political party or affiliated party
1027	committee regulated by chapter 103 or to amounts contributed by
1028	a candidate to his or her own campaign.
1029	2.  Notwithstanding the limits provided in this subsection,
1030	an unemancipated child under the age of 18 years of age may not
1031	make a contribution in excess of $100 to any candidate or to any
1032	political committee supporting one or more candidates.
1033	(c)  The contribution limits of this subsection apply to
1034	each election. For purposes of this subsection, the primary
1035	election and general election are separate elections so long as
1036	the candidate is not an unopposed candidate as defined in s.
1037	106.011(15). However, for the purpose of contribution limits
1038	with respect to candidates for retention as a justice or judge,
1039	there is only one election, which is the general election.
1040	(2)(a)  A candidate may not accept contributions from
1041	national, state, or including any subordinate committee of a
1042	national, state, or county committee of a political party, and
1043	county executive committees of a political party, including any
1044	subordinate committee of such political party or affiliated
1045	party committees, which contributions in the aggregate exceed
1046	$50,000, no more than $25,000 of which may be accepted prior to
1047	the 28-day period immediately preceding the date of the general
1048	election.
1049	(b)  A candidate for statewide office may not accept
1050	contributions from national, state, or county executive
1051	committees of a political party, including any subordinate
1052	committee of the a national, state, or county committee of a
1053	political party, or affiliated party committees, which
1054	contributions in the aggregate exceed $250,000, no more than
1055	$125,000 of which may be accepted prior to the 28-day period
1056	immediately preceding the date of the general election. Polling
1057	services, research services, costs for campaign staff,
1058	professional consulting services, and telephone calls are not
1059	contributions to be counted toward the contribution limits of
1060	paragraph (a) or this paragraph. Any item not expressly
1061	identified in this paragraph as nonallocable is a contribution
1062	in an amount equal to the fair market value of the item and must
1063	be counted as allocable toward the contribution limits of
1064	paragraph (a) or this paragraph. Nonallocable, in-kind
1065	contributions must be reported by the candidate under s. 106.07
1066	and by the political party or affiliated party committee under
1067	s. 106.29.
1068	(4)(a)  Any contribution received by the chair, campaign
1069	treasurer, or deputy campaign treasurer of a political committee
1070	supporting or opposing a candidate with opposition in an
1071	election or supporting or opposing an issue on the ballot in an
1072	election on the day of that election or less than 5 days prior
1073	to the day of that election may not be obligated or expended by
1074	the committee until after the date of the election.
1075	(b)  Any contribution received by an electioneering
1076	communications organization on the day of an election or less
1077	than 5 days prior to the day of that election may not be
1078	obligated or expended by the organization until after the date
1079	of the election and may not be expended to pay for any
1080	obligation arising prior to the election.
1081	(5)(a)  A person may not make any contribution through or
1082	in the name of another, directly or indirectly, in any election.
1083	(b)  Candidates, political committees, affiliated party
1084	committees, and political parties may not solicit contributions
1085	from any religious, charitable, civic, or other causes or
1086	organizations established primarily for the public good.
1087	(c)  Candidates, political committees, affiliated party
1088	committees, and political parties may not make contributions, in
1089	exchange for political support, to any religious, charitable,
1090	civic, or other cause or organization established primarily for
1091	the public good. It is not a violation of this paragraph for:
1092	1.  A candidate, political committee, affiliated party
1093	committee, or political party executive committee to make gifts
1094	of money in lieu of flowers in memory of a deceased person;
1095	2.  A candidate to continue membership in, or make regular
1096	donations from personal or business funds to, religious,
1097	political party, affiliated party committee, civic, or
1098	charitable groups of which the candidate is a member or to which
1099	the candidate has been a regular donor for more than 6 months;
1100	or
1101	3.  A candidate to purchase, with campaign funds, tickets,
1102	admission to events, or advertisements from religious, civic,
1103	political party, affiliated party committee, or charitable
1104	groups.
1105	(d)  An electioneering communications organization may not
1106	accept a contribution from an organization exempt from taxation
1107	under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
1108	than a political committee, committee of continuous existence,
1109	or political party, unless the contributing organization has
1110	registered as if the organization were an electioneering
1111	communications organization pursuant to s. 106.03 and has filed
1112	all campaign finance reports required of electioneering
1113	communications organizations pursuant to ss. 106.07 and
1114	106.0703.
1115	(6)(a)  A political party or affiliated party committee may
1116	not accept any contribution that has been specifically
1117	designated for the partial or exclusive use of a particular
1118	candidate. Any contribution so designated must be returned to
1119	the contributor and may not be used or expended by or on behalf
1120	of the candidate. Funds contributed to an affiliated party
1121	committee shall not be deemed as designated for the partial or
1122	exclusive use of a leader as defined in s. 103.092.
1123	(b)1.  A political party or affiliated party committee may
1124	not accept any in-kind contribution that fails to provide a
1125	direct benefit to the political party or affiliated party
1126	committee. A "direct benefit" includes, but is not limited to,
1127	fundraising or furthering the objectives of the political party
1128	or affiliated party committee.
1129	2.a.  An in-kind contribution to a state political party
1130	may be accepted only by the chairperson of the state political
1131	party or by the chairperson's designee or designees whose names
1132	are on file with the division in a form acceptable to the
1133	division prior to the date of the written notice required in
1134	sub-subparagraph b. An in-kind contribution to a county
1135	political party may be accepted only by the chairperson of the
1136	county political party or by the county chairperson's designee
1137	or designees whose names are on file with the supervisor of
1138	elections of the respective county prior to the date of the
1139	written notice required in sub-subparagraph b. An in-kind
1140	contribution to an affiliated party committee may be accepted
1141	only by the leader of the affiliated party committee as defined
1142	in s. 103.092 or by the leader's designee or designees whose
1143	names are on file with the division in a form acceptable to the
1144	division prior to the date of the written notice required in
1145	sub-subparagraph b.
1146	b.  A person making an in-kind contribution to a state
1147	political party or county political party or affiliated party
1148	committee must provide prior written notice of the contribution
1149	to a person described in sub-subparagraph a. The prior written
1150	notice must be signed and dated and may be provided by an
1151	electronic or facsimile message. However, prior written notice
1152	is not required for an in-kind contribution that consists of
1153	food and beverage in an aggregate amount not exceeding $1,500
1154	which is consumed at a single sitting or event if such in-kind
1155	contribution is accepted in advance by a person specified in
1156	sub-subparagraph a.
1157	c.  A person described in sub-subparagraph a. may accept an
1158	in-kind contribution requiring prior written notice only in a
1159	writing that is signed and dated before the in-kind contribution
1160	is made. Failure to obtain the required written acceptance of an
1161	in-kind contribution to a state or county political party or
1162	affiliated party committee constitutes a refusal of the
1163	contribution.
1164	d.  A copy of each prior written acceptance required under
1165	sub-subparagraph c. must be filed with the division at the time
1166	the regular reports of contributions and expenditures required
1167	under s. 106.29 are filed by the state executive committee, and
1168	county executive committee, and affiliated party committee.
1169	e.  An in-kind contribution may not be given to a state or
1170	county political party or affiliated party committee unless the
1171	in-kind contribution is made as provided in this subparagraph.
1172	(7)(a)  Any person who knowingly and willfully makes or
1173	accepts no more than one contribution in violation of subsection
1174	(1) or subsection (5), or any person who knowingly and willfully
1175	fails or refuses to return any contribution as required in
1176	subsection (3), commits a misdemeanor of the first degree,
1177	punishable as provided in s. 775.082 or s. 775.083. If any
1178	corporation, partnership, or other business entity or any
1179	political party, affiliated party committee, political
1180	committee, committee of continuous existence, or electioneering
1181	communications organization is convicted of knowingly and
1182	willfully violating any provision punishable under this
1183	paragraph, it shall be fined not less than $1,000 and not more
1184	than $10,000. If it is a domestic entity, it may be ordered
1185	dissolved by a court of competent jurisdiction; if it is a
1186	foreign or nonresident business entity, its right to do business
1187	in this state may be forfeited. Any officer, partner, agent,
1188	attorney, or other representative of a corporation, partnership,
1189	or other business entity, or of a political party, affiliated
1190	party committee, political committee, committee of continuous
1191	existence, electioneering communications organization, or
1192	organization exempt from taxation under s. 527 or s. 501(c)(4)
1193	of the Internal Revenue Code, who aids, abets, advises, or
1194	participates in a violation of any provision punishable under
1195	this paragraph commits a misdemeanor of the first degree,
1196	punishable as provided in s. 775.082 or s. 775.083.
1197	(b)  Any person who knowingly and willfully makes or
1198	accepts two or more contributions in violation of subsection (1)
1199	or subsection (5) commits a felony of the third degree,
1200	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1201	If any corporation, partnership, or other business entity or any
1202	political party, affiliated party committee, political
1203	committee, committee of continuous existence, or electioneering
1204	communications organization is convicted of knowingly and
1205	willfully violating any provision punishable under this
1206	paragraph, it shall be fined not less than $10,000 and not more
1207	than $50,000. If it is a domestic entity, it may be ordered
1208	dissolved by a court of competent jurisdiction; if it is a
1209	foreign or nonresident business entity, its right to do business
1210	in this state may be forfeited. Any officer, partner, agent,
1211	attorney, or other representative of a corporation, partnership,
1212	or other business entity, or of a political committee, committee
1213	of continuous existence, political party, affiliated party
1214	committee, or electioneering communications organization, or
1215	organization exempt from taxation under s. 527 or s. 501(c)(4)
1216	of the Internal Revenue Code, who aids, abets, advises, or
1217	participates in a violation of any provision punishable under
1218	this paragraph commits a felony of the third degree, punishable
1219	as provided in s. 775.082, s. 775.083, or s. 775.084.
1220	Section 15.  Section 106.088, Florida Statutes, is created
1221	to read:
1222	106.088  Independent expenditures; contribution limits;
1223	restrictions on affiliated party committees.-
1224	(1)  As a condition of receiving a rebate of party
1225	assessments under s. 103.121(1)(b), the leader or treasurer of
1226	an affiliated party committee as defined in s. 103.092 shall
1227	take and subscribe to an oath or affirmation in writing. During
1228	the qualifying period for state candidates and prior to
1229	distribution of such funds, a printed copy of the oath or
1230	affirmation shall be filed with the Secretary of State and shall
1231	be substantially in the following form:
1232
1233	State of Florida
1234	County of_____
1235
1236	Before me, an officer authorized to administer oaths, personally
1237	appeared ...(name)..., to me well known, who, being sworn, says
1238	that he or she is the ...(title)... of the ...(name of
1239	party)......(name of chamber)... affiliated party committee;
1240	that the affiliated party committee has not made, either
1241	directly or indirectly, an independent expenditure in support of
1242	or opposition to a candidate or elected public official in the
1243	prior 6 months; that the affiliated party committee will not
1244	make, either directly or indirectly, an independent expenditure
1245	in support of or opposition to a candidate or elected public
1246	official, through and including the upcoming general election;
1247	and that the affiliated party committee will not violate the
1248	contribution limits applicable to candidates under s. 106.08(2),
1249	Florida Statutes.
1250	...(Signature of committee officer)...
1251	...(Address)...
1252	Sworn to and subscribed before me this _____ day of _____,
1253	...(year)..., at _____ County, Florida.
1254	...(Signature and title of officer administering oath)...
1255	(2)(a)  Any affiliated party committee found to have
1256	violated the provisions of the oath or affirmation prior to
1257	receiving funds shall be ineligible to receive the rebate for
1258	that general election year.
1259	(b)  Any affiliated party committee found to have violated
1260	the provisions of the oath or affirmation after receiving funds
1261	shall be ineligible to receive the rebate from candidates
1262	qualifying for the following general election cycle.
1263	(3)  Any funds not distributed to the affiliated party
1264	committee pursuant to this section shall be deposited into the
1265	General Revenue Fund of the state.
1266	Section 16.  Section 106.113, Florida Statutes, is amended
1267	to read:
1268	106.113  Expenditures by local governments.-
1269	(1)  As used in this section, the term:
1270	(a)  "local government" means:
1271	(a)1.  A county, municipality, school district, or other
1272	political subdivision in this state; and
1273	(b)2.  Any department, agency, board, bureau, district,
1274	commission, authority, or similar body of a county,
1275	municipality, school district, or other political subdivision of
1276	this state.
1277	(b)  "Public funds" means all moneys under the jurisdiction
1278	or control of the local government.
1279	(2)  A local government or a person acting on behalf of
1280	local government may not make a specific appropriation or
1281	designated expenditure of moneys under the jurisdiction or
1282	control of the local government expend or authorize the
1283	expenditure of, and a person or group may not accept such
1284	moneys, public funds for the purpose of a political
1285	advertisement or electioneering communication concerning an
1286	issue, referendum, or amendment, including any state question,
1287	that is subject to a vote of the electors. This subsection does
1288	not apply to an electioneering communication from a local
1289	government or a person acting on behalf of a local government
1290	which is limited to factual information.
1291	(3)  With the exception of the prohibitions specified in
1292	subsection (2), this section does not preclude an elected
1293	official of the local government from expressing an opinion on
1294	any issue at any time.
1295	Section 17.  Paragraph (a) of subsection (4) of section
1296	106.141, Florida Statutes, is amended to read:
1297	106.141  Disposition of surplus funds by candidates.-
1298	(4)(a)  Except as provided in paragraph (b), any candidate
1299	required to dispose of funds pursuant to this section shall, at
1300	the option of the candidate, dispose of such funds by any of the
1301	following means, or any combination thereof:
1302	1.  Return pro rata to each contributor the funds that have
1303	not been spent or obligated.
1304	2.  Donate the funds that have not been spent or obligated
1305	to a charitable organization or organizations that meet the
1306	qualifications of s. 501(c)(3) of the Internal Revenue Code.
1307	3.  Give not more than $10,000 of the funds that have not
1308	been spent or obligated to the affiliated party committee or
1309	political party of which such candidate is a member, except that
1310	a candidate for the Florida Senate may give not more than
1311	$30,000 of such funds to the affiliated party committee or
1312	political party of which the candidate is a member.
1313	4.  Give the funds that have not been spent or obligated:
1314	a.  In the case of a candidate for state office, to the
1315	state, to be deposited in either the Election Campaign Financing
1316	Trust Fund or the General Revenue Fund, as designated by the
1317	candidate; or
1318	b.  In the case of a candidate for an office of a political
1319	subdivision, to such political subdivision, to be deposited in
1320	the general fund thereof.
1321	Section 18.  Paragraph (a) of subsection (4) of section
1322	106.143, Florida Statutes, is amended to read:
1323	106.143  Political advertisements circulated prior to
1324	election; requirements.-
1325	(4)(a)  Any political advertisement, including those paid
1326	for by a political party or affiliated party committee, other
1327	than an independent expenditure, offered by or on behalf of a
1328	candidate must be approved in advance by the candidate. Such
1329	political advertisement must expressly state that the content of
1330	the advertisement was approved by the candidate and must state
1331	who paid for the advertisement. The candidate shall provide a
1332	written statement of authorization to the newspaper, radio
1333	station, television station, or other medium for each such
1334	advertisement submitted for publication, display, broadcast, or
1335	other distribution.
1336	Section 19.  Section 106.1437, Florida Statutes, is
1337	reenacted to read:
1338	106.1437  Miscellaneous advertisements.-Any advertisement,
1339	other than a political advertisement, independent expenditure,
1340	or electioneering communication, on billboards, bumper stickers,
1341	radio, or television, or in a newspaper, a magazine, or a
1342	periodical, intended to influence public policy or the vote of a
1343	public official, shall clearly designate the sponsor of such
1344	advertisement by including a clearly readable statement of
1345	sponsorship. If the advertisement is broadcast on television,
1346	the advertisement shall also contain a verbal statement of
1347	sponsorship. This section shall not apply to an editorial
1348	endorsement.
1349	Section 20.  Section 106.1439, Florida Statutes, is
1350	reenacted and amended to read:
1351	106.1439  Electioneering communications; disclaimers.-
1352	(1)  Any electioneering communication, other than a
1353	telephone call, shall prominently state: "Paid electioneering
1354	communication paid for by ...(Name and address of person paying
1355	for the communication)...."
1356	(2)  Any electioneering communication telephone call shall
1357	identify the persons or organizations sponsoring the call by
1358	stating either: "Paid for by ...(insert name of persons or
1359	organizations sponsoring the call)...." or "Paid for on behalf
1360	of ...(insert name of persons or organizations authorizing
1361	call)...." This subsection does not apply to any telephone call
1362	in which the individual making the call is not being paid and
1363	the individuals participating in the call know each other prior
1364	to the call.
1365	(3)(2)  Any person who fails to include the disclaimer
1366	prescribed in this section in any electioneering communication
1367	that is required to contain such disclaimer commits a
1368	misdemeanor of the first degree, punishable as provided in s.
1369	775.082 or s. 775.083.
1370	Section 21.  Paragraphs (a) and (e) of subsection (1) and
1371	subsection (3) of section 106.147, Florida Statutes, are amended
1372	to read:
1373	106.147  Telephone solicitation; disclosure requirements;
1374	prohibitions; exemptions; penalties.-
1375	(1)(a)  Any electioneering communication telephone call or
1376	any telephone call supporting or opposing a candidate, elected
1377	public official, or ballot proposal must identify the persons or
1378	organizations sponsoring the call by stating either: "paid for
1379	by _____" (insert name of persons or organizations sponsoring
1380	the call) or "paid for on behalf of _____" (insert name of
1381	persons or organizations authorizing call). This paragraph does
1382	not apply to any telephone call in which both the individual
1383	making the call is not being paid and the individuals
1384	participating in the call know each other prior to the call.
1385	(e)  Any electioneering communication paid for with public
1386	funds must include a disclaimer containing the words "paid for
1387	by ...(Name of the government entity paying for the
1388	communication)...."
1389	(3)(a)  Any person who willfully violates any provision of
1390	this section commits a misdemeanor of the first degree,
1391	punishable as provided in s. 775.082 or s. 775.083.
1392	(b)  For purposes of paragraph (a), the term "person"
1393	includes any candidate; any officer of any political committee,
1394	committee of continuous existence, affiliated party committee,
1395	or political party executive committee; any officer, partner,
1396	attorney, or other representative of a corporation, partnership,
1397	or other business entity; and any agent or other person acting
1398	on behalf of any candidate, political committee, committee of
1399	continuous existence, affiliated party committee, political
1400	party executive committee, or corporation, partnership, or other
1401	business entity.
1402	Section 22.  Section 106.165, Florida Statutes, is amended
1403	to read:
1404	106.165  Use of closed captioning and descriptive narrative
1405	in all television broadcasts.-Each candidate, political party,
1406	affiliated party committee, and political committee must use
1407	closed captioning and descriptive narrative in all television
1408	broadcasts regulated by the Federal Communications Commission
1409	that are on behalf of, or sponsored by, a candidate, political
1410	party, affiliated party committee, or political committee or
1411	must file a written statement with the qualifying officer
1412	setting forth the reasons for not doing so. Failure to file this
1413	statement with the appropriate qualifying officer constitutes a
1414	violation of the Florida Election Code and is under the
1415	jurisdiction of the Florida Elections Commission. The Department
1416	of State may adopt rules in accordance with s. 120.54 which are
1417	necessary to administer this section.
1418	Section 23.  Section 106.17, Florida Statutes, is reenacted
1419	and amended to read:
1420	106.17  Polls and surveys relating to candidacies.-Any
1421	candidate, political committee, committee of continuous
1422	existence, electioneering communication organization, affiliated
1423	party committee, or state or county executive committee of a
1424	political party may authorize or conduct a political poll,
1425	survey, index, or measurement of any kind relating to candidacy
1426	for public office so long as the candidate, political committee,
1427	committee of continuous existence, electioneering communication
1428	organization, affiliated party committee, or political party
1429	maintains complete jurisdiction over the poll in all its
1430	aspects.
1431	Section 24.  Subsection (2) of section 106.23, Florida
1432	Statutes, is amended to read:
1433	106.23  Powers of the Division of Elections.-
1434	(2)  The Division of Elections shall provide advisory
1435	opinions when requested by any supervisor of elections,
1436	candidate, local officer having election-related duties,
1437	political party, affiliated party committee, political
1438	committee, committee of continuous existence, or other person or
1439	organization engaged in political activity, relating to any
1440	provisions or possible violations of Florida election laws with
1441	respect to actions such supervisor, candidate, local officer
1442	having election-related duties, political party, affiliated
1443	party committee, committee, person, or organization has taken or
1444	proposes to take. Requests for advisory opinions must be
1445	submitted in accordance with rules adopted by the Department of
1446	State. A written record of all such opinions issued by the
1447	division, sequentially numbered, dated, and indexed by subject
1448	matter, shall be retained. A copy shall be sent to said person
1449	or organization upon request. Any such person or organization,
1450	acting in good faith upon such an advisory opinion, shall not be
1451	subject to any criminal penalty provided for in this chapter.
1452	The opinion, until amended or revoked, shall be binding on any
1453	person or organization who sought the opinion or with reference
1454	to whom the opinion was sought, unless material facts were
1455	omitted or misstated in the request for the advisory opinion.
1456	Section 25.  Subsections (1) and (2) of section 106.265,
1457	Florida Statutes, are amended to read:
1458	106.265  Civil penalties.-
1459	(1)  The commission is authorized upon the finding of a
1460	violation of this chapter or chapter 104 to impose civil
1461	penalties in the form of fines not to exceed $1,000 per count.
1462	In determining the amount of such civil penalties, the
1463	commission shall consider, among other mitigating and
1464	aggravating circumstances:
1465	(a)  The gravity of the act or omission;
1466	(b)  Any previous history of similar acts or omissions;
1467	(c)  The appropriateness of such penalty to the financial
1468	resources of the person, political committee, committee of
1469	continuous existence, affiliated party committee, or political
1470	party; and
1471	(d)  Whether the person, political committee, committee of
1472	continuous existence, affiliated party committee, or political
1473	party has shown good faith in attempting to comply with the
1474	provisions of this chapter or chapter 104.
1475	(2)  If any person, political committee, committee of
1476	continuous existence, affiliated party committee, or political
1477	party fails or refuses to pay to the commission any civil
1478	penalties assessed pursuant to the provisions of this section,
1479	the commission shall be responsible for collecting the civil
1480	penalties resulting from such action.
1481	Section 26.  Subsection (2) of section 106.27, Florida
1482	Statutes, is amended to read:
1483	106.27  Determinations by commission; legal disposition.-
1484	(2)  Civil actions may be brought by the commission for
1485	relief, including permanent or temporary injunctions,
1486	restraining orders, or any other appropriate order for the
1487	imposition of civil penalties provided by this chapter. Such
1488	civil actions shall be brought by the commission in the
1489	appropriate court of competent jurisdiction, and the venue shall
1490	be in the county in which the alleged violation occurred or in
1491	which the alleged violator or violators are found, reside, or
1492	transact business. Upon a proper showing that such person,
1493	political committee, committee of continuous existence,
1494	affiliated party committee, or political party has engaged, or
1495	is about to engage, in prohibited acts or practices, a permanent
1496	or temporary injunction, restraining order, or other order shall
1497	be granted without bond by such court, and the civil fines
1498	provided by this chapter may be imposed.
1499	Section 27.  Section 106.29, Florida Statutes, is amended
1500	to read:
1501	106.29  Reports by political parties and affiliated party
1502	committees; restrictions on contributions and expenditures;
1503	penalties.-
1504	(1)  The state executive committee and each county
1505	executive committee of each political party and any affiliated
1506	party committee regulated by chapter 103 shall file regular
1507	reports of all contributions received and all expenditures made
1508	by such committee. Such reports shall contain the same
1509	information as do reports required of candidates by s. 106.07
1510	and shall be filed on the 10th day following the end of each
1511	calendar quarter, except that, during the period from the last
1512	day for candidate qualifying until the general election, such
1513	reports shall be filed on the Friday immediately preceding both
1514	the primary election and the general election. In addition to
1515	the reports filed under this section, the state executive
1516	committee, and each county executive committee, and each
1517	affiliated party committee shall file a copy of each prior
1518	written acceptance of an in-kind contribution given by the
1519	committee during the preceding calendar quarter as required
1520	under s. 106.08(6). Each state executive committee and
1521	affiliated party committee shall file the original and one copy
1522	of its reports with the Division of Elections. Each county
1523	executive committee shall file its reports with the supervisor
1524	of elections in the county in which such committee exists. Any
1525	state or county executive committee or affiliated party
1526	committee failing to file a report on the designated due date
1527	shall be subject to a fine as provided in subsection (3). No
1528	separate fine shall be assessed for failure to file a copy of
1529	any report required by this section.
1530	(2)  The chair and treasurer of each state or county
1531	executive committee shall certify as to the correctness of each
1532	report filed by them on behalf of such committee. The leader and
1533	treasurer of each affiliated party committee under s. 103.092
1534	shall certify as to the correctness of each report filed by them
1535	on behalf of such committee. Any committee chair, leader, or
1536	treasurer who certifies the correctness of any report while
1537	knowing that such report is incorrect, false, or incomplete
1538	commits a felony of the third degree, punishable as provided in
1539	s. 775.082, s. 775.083, or s. 775.084.
1540	(3)(a)  Any state or county executive committee or
1541	affiliated party committee failing to file a report on the
1542	designated due date shall be subject to a fine as provided in
1543	paragraph (b) for each late day. The fine shall be assessed by
1544	the filing officer, and the moneys collected shall be deposited
1545	in the General Revenue Fund.
1546	(b)  Upon determining that a report is late, the filing
1547	officer shall immediately notify the chair of the executive
1548	committee or the leader of the affiliated party committee as
1549	defined in s. 103.092 as to the failure to file a report by the
1550	designated due date and that a fine is being assessed for each
1551	late day. The fine shall be $1,000 for a state executive
1552	committee, $1,000 for an affiliated party committee, and $50 for
1553	a county executive committee, per day for each late day, not to
1554	exceed 25 percent of the total receipts or expenditures,
1555	whichever is greater, for the period covered by the late report.
1556	However, if an executive committee or an affiliated party
1557	committee fails to file a report on the Friday immediately
1558	preceding the general election, the fine shall be $10,000 per
1559	day for each day a state executive committee is late, $10,000
1560	per day for each day an affiliated party committee is late, and
1561	$500 per day for each day a county executive committee is late.
1562	Upon receipt of the report, the filing officer shall determine
1563	the amount of the fine which is due and shall notify the chair
1564	or leader as defined in s. 103.092. The filing officer shall
1565	determine the amount of the fine due based upon the earliest of
1566	the following:
1567	1.  When the report is actually received by such officer.
1568	2.  When the report is postmarked.
1569	3.  When the certificate of mailing is dated.
1570	4.  When the receipt from an established courier company is
1571	dated.
1572	5.  When the electronic receipt issued pursuant to s.
1573	106.0705 is dated.
1574
1575	Such fine shall be paid to the filing officer within 20 days
1576	after receipt of the notice of payment due, unless appeal is
1577	made to the Florida Elections Commission pursuant to paragraph
1578	(c). An officer or member of an executive committee shall not be
1579	personally liable for such fine.
1580	(c)  The chair of an executive committee or the leader of
1581	an affiliated party committee as defined in s. 103.092 may
1582	appeal or dispute the fine, based upon unusual circumstances
1583	surrounding the failure to file on the designated due date, and
1584	may request and shall be entitled to a hearing before the
1585	Florida Elections Commission, which shall have the authority to
1586	waive the fine in whole or in part. Any such request shall be
1587	made within 20 days after receipt of the notice of payment due.
1588	In such case, the chair of the executive committee or the leader
1589	of the affiliated party committee as defined in s. 103.092
1590	shall, within the 20-day period, notify the filing officer in
1591	writing of his or her intention to bring the matter before the
1592	commission.
1593	(d)  The appropriate filing officer shall notify the
1594	Florida Elections Commission of the repeated late filing by an
1595	executive committee or affiliated party committee, the failure
1596	of an executive committee or affiliated party committee to file
1597	a report after notice, or the failure to pay the fine imposed.
1598	(4)  Any contribution received by a state or county
1599	executive committee or affiliated party committee less than 5
1600	days before an election shall not be used or expended in behalf
1601	of any candidate, issue, affiliated party committee, or
1602	political party participating in such election.
1603	(5)  No state or county executive committee or affiliated
1604	party committee, in the furtherance of any candidate or
1605	political party, directly or indirectly, shall give, pay, or
1606	expend any money, give or pay anything of value, authorize any
1607	expenditure, or become pecuniarily liable for any expenditure
1608	prohibited by this chapter. However, the contribution of funds
1609	by one executive committee to another or to established party
1610	organizations for legitimate party or campaign purposes is not
1611	prohibited, but all such contributions shall be recorded and
1612	accounted for in the reports of the contributor and recipient.
1613	(6)(a)  The national, state, and county executive
1614	committees of a political party and affiliated party committees
1615	may not contribute to any candidate any amount in excess of the
1616	limits contained in s. 106.08(2), and all contributions required
1617	to be reported under s. 106.08(2) by the national executive
1618	committee of a political party shall be reported by the state
1619	executive committee of that political party.
1620	(b)  A violation of the contribution limits contained in s.
1621	106.08(2) is a misdemeanor of the first degree, punishable as
1622	provided in s. 775.082 or s. 775.083. A civil penalty equal to
1623	three times the amount in excess of the limits contained in s.
1624	106.08(2) shall be assessed against any executive committee
1625	found in violation thereof.
1626	Section 28.  Paragraph (d) of subsection (1) of section
1627	11.045, Florida Statutes, is amended to read:
1628	11.045  Lobbying before the Legislature; registration and
1629	reporting; exemptions; penalties.-
1630	(1)  As used in this section, unless the context otherwise
1631	requires:
1632	(d)  "Expenditure" means a payment, distribution, loan,
1633	advance, reimbursement, deposit, or anything of value made by a
1634	lobbyist or principal for the purpose of lobbying. The term
1635	"expenditure" does not include contributions or expenditures
1636	reported pursuant to chapter 106 or federal election law,
1637	campaign-related personal services provided without compensation
1638	by individuals volunteering their time, any other contribution
1639	or expenditure made by or to a political party or affiliated
1640	party committee, or any other contribution or expenditure made
1641	by an organization that is exempt from taxation under 26 U.S.C.
1642	s. 527 or s. 501(c)(4).
1643	Section 29.  Paragraph (b) of subsection (12) of section
1644	112.312, Florida Statutes, is amended to read:
1645	112.312  Definitions.-As used in this part and for purposes
1646	of the provisions of s. 8, Art. II of the State Constitution,
1647	unless the context otherwise requires:
1648	(12)
1649	(b)  "Gift" does not include:
1650	1.  Salary, benefits, services, fees, commissions, gifts,
1651	or expenses associated primarily with the donee's employment,
1652	business, or service as an officer or director of a corporation
1653	or organization.
1654	2.  Contributions or expenditures reported pursuant to
1655	chapter 106, campaign-related personal services provided without
1656	compensation by individuals volunteering their time, or any
1657	other contribution or expenditure by a political party or
1658	affiliated party committee.
1659	3.  An honorarium or an expense related to an honorarium
1660	event paid to a person or the person's spouse.
1661	4.  An award, plaque, certificate, or similar personalized
1662	item given in recognition of the donee's public, civic,
1663	charitable, or professional service.
1664	5.  An honorary membership in a service or fraternal
1665	organization presented merely as a courtesy by such
1666	organization.
1667	6.  The use of a public facility or public property, made
1668	available by a governmental agency, for a public purpose.
1669	7.  Transportation provided to a public officer or employee
1670	by an agency in relation to officially approved governmental
1671	business.
1672	8.  Gifts provided directly or indirectly by a state,
1673	regional, or national organization which promotes the exchange
1674	of ideas between, or the professional development of,
1675	governmental officials or employees, and whose membership is
1676	primarily composed of elected or appointed public officials or
1677	staff, to members of that organization or officials or staff of
1678	a governmental agency that is a member of that organization.
1679	Section 30.  Paragraph (d) of subsection (1) of section
1680	112.3215, Florida Statutes, is amended to read:
1681	112.3215  Lobbying before the executive branch or the
1682	Constitution Revision Commission; registration and reporting;
1683	investigation by commission.-
1684	(1)  For the purposes of this section:
1685	(d)  "Expenditure" means a payment, distribution, loan,
1686	advance, reimbursement, deposit, or anything of value made by a
1687	lobbyist or principal for the purpose of lobbying. The term
1688	"expenditure" does not include contributions or expenditures
1689	reported pursuant to chapter 106 or federal election law,
1690	campaign-related personal services provided without compensation
1691	by individuals volunteering their time, any other contribution
1692	or expenditure made by or to a political party or an affiliated
1693	party committee, or any other contribution or expenditure made
1694	by an organization that is exempt from taxation under 26 U.S.C.
1695	s. 527 or s. 501(c)(4).
1696	Section 31.  This act shall take effect July 1, 2010.

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