CS/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, the treasurer under s. 106.0703, or the
984	leader and treasurer under s. 103.092, whichever is applicable,
985	and such persons are subject to the provisions of s.
986	106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as
987	applicable. Persons given a secure sign-on to the electronic
988	filing system are responsible for protecting such from
989	disclosure and are responsible for all filings using such
990	credentials, unless they have notified the division that their
991	credentials have been compromised.
992	Section 13.  Subsection (1) of section 106.071, Florida
993	Statutes, is reenacted and amended to read:
994	106.071  Independent expenditures; electioneering
995	communications; reports; disclaimers.-
996	(1)  Each person who makes an independent expenditure with
997	respect to any candidate or issue, and each individual who makes
998	an expenditure for an electioneering communication which is not
999	otherwise reported pursuant to this chapter, which expenditure,
1000	in the aggregate, is in the amount of $5,000 $100 or more, shall
1001	file periodic reports of such expenditures in the same manner,
1002	at the same time, subject to the same penalties, and with the
1003	same officer as a political committee supporting or opposing
1004	such candidate or issue. The report shall contain the full name
1005	and address of the person making the expenditure; the full name
1006	and address of each person to whom and for whom each such
1007	expenditure has been made; the amount, date, and purpose of each
1008	such expenditure; a description of the services or goods
1009	obtained by each such expenditure; the issue to which the
1010	expenditure relates; and the name and address of, and office
1011	sought by, each candidate on whose behalf such expenditure was
1012	made.
1013	Section 14.  Subsections (1) , (2), (4), (5), and (6) of
1014	section 106.08, Florida Statutes, are amended, and subsection
1015	(7) of that section is reenacted and amended, to read:
1016	106.08  Contributions; limitations on.-
1017	(1)(a)  Except for political parties or affiliated party
1018	committees, no person, political committee, or committee of
1019	continuous existence may, in any election, make contributions in
1020	excess of $500 to any candidate for election to or retention in
1021	office or to any political committee supporting or opposing one
1022	or more candidates. Candidates for the offices of Governor and
1023	Lieutenant Governor on the same ticket are considered a single
1024	candidate for the purpose of this section.
1025	(b)1.  The contribution limits provided in this subsection
1026	do not apply to contributions made by a state or county
1027	executive committee of a political party or affiliated party
1028	committee regulated by chapter 103 or to amounts contributed by
1029	a candidate to his or her own campaign.
1030	2.  Notwithstanding the limits provided in this subsection,
1031	an unemancipated child under the age of 18 years of age may not
1032	make a contribution in excess of $100 to any candidate or to any
1033	political committee supporting one or more candidates.
1034	(c)  The contribution limits of this subsection apply to
1035	each election. For purposes of this subsection, the primary
1036	election and general election are separate elections so long as
1037	the candidate is not an unopposed candidate as defined in s.
1038	106.011(15). However, for the purpose of contribution limits
1039	with respect to candidates for retention as a justice or judge,
1040	there is only one election, which is the general election.
1041	(2)(a)  A candidate may not accept contributions from
1042	national, state, or including any subordinate committee of a
1043	national, state, or county committee of a political party, and
1044	county executive committees of a political party, including any
1045	subordinate committee of such political party or affiliated
1046	party committees, which contributions in the aggregate exceed
1047	$50,000, no more than $25,000 of which may be accepted prior to
1048	the 28-day period immediately preceding the date of the general
1049	election.
1050	(b)  A candidate for statewide office may not accept
1051	contributions from national, state, or county executive
1052	committees of a political party, including any subordinate
1053	committee of the a national, state, or county committee of a
1054	political party, or affiliated party committees, which
1055	contributions in the aggregate exceed $250,000, no more than
1056	$125,000 of which may be accepted prior to the 28-day period
1057	immediately preceding the date of the general election. Polling
1058	services, research services, costs for campaign staff,
1059	professional consulting services, and telephone calls are not
1060	contributions to be counted toward the contribution limits of
1061	paragraph (a) or this paragraph. Any item not expressly
1062	identified in this paragraph as nonallocable is a contribution
1063	in an amount equal to the fair market value of the item and must
1064	be counted as allocable toward the contribution limits of
1065	paragraph (a) or this paragraph. Nonallocable, in-kind
1066	contributions must be reported by the candidate under s. 106.07
1067	and by the political party or affiliated party committee under
1068	s. 106.29.
1069	(4)(a)  Any contribution received by the chair, campaign
1070	treasurer, or deputy campaign treasurer of a political committee
1071	supporting or opposing a candidate with opposition in an
1072	election or supporting or opposing an issue on the ballot in an
1073	election on the day of that election or less than 5 days prior
1074	to the day of that election may not be obligated or expended by
1075	the committee until after the date of the election.
1076	(b)  Any contribution received by an electioneering
1077	communications organization on the day of an election or less
1078	than 5 days prior to the day of that election may not be
1079	obligated or expended by the organization until after the date
1080	of the election and may not be expended to pay for any
1081	obligation arising prior to the election.
1082	(5)(a)  A person may not make any contribution through or
1083	in the name of another, directly or indirectly, in any election.
1084	(b)  Candidates, political committees, affiliated party
1085	committees, and political parties may not solicit contributions
1086	from any religious, charitable, civic, or other causes or
1087	organizations established primarily for the public good.
1088	(c)  Candidates, political committees, affiliated party
1089	committees, and political parties may not make contributions, in
1090	exchange for political support, to any religious, charitable,
1091	civic, or other cause or organization established primarily for
1092	the public good. It is not a violation of this paragraph for:
1093	1.  A candidate, political committee, affiliated party
1094	committee, or political party executive committee to make gifts
1095	of money in lieu of flowers in memory of a deceased person;
1096	2.  A candidate to continue membership in, or make regular
1097	donations from personal or business funds to, religious,
1098	political party, affiliated party committee, civic, or
1099	charitable groups of which the candidate is a member or to which
1100	the candidate has been a regular donor for more than 6 months;
1101	or
1102	3.  A candidate to purchase, with campaign funds, tickets,
1103	admission to events, or advertisements from religious, civic,
1104	political party, affiliated party committee, or charitable
1105	groups.
1106	(d)  An electioneering communications organization may not
1107	accept a contribution from an organization exempt from taxation
1108	under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
1109	than a political committee, committee of continuous existence,
1110	or political party, unless the contributing organization has
1111	registered as if the organization were an electioneering
1112	communications organization pursuant to s. 106.03 and has filed
1113	all campaign finance reports required of electioneering
1114	communications organizations pursuant to ss. 106.07 and
1115	106.0703.
1116	(6)(a)  A political party or affiliated party committee may
1117	not accept any contribution that has been specifically
1118	designated for the partial or exclusive use of a particular
1119	candidate. Any contribution so designated must be returned to
1120	the contributor and may not be used or expended by or on behalf
1121	of the candidate. Funds contributed to an affiliated party
1122	committee shall not be deemed as designated for the partial or
1123	exclusive use of a leader as defined in s. 103.092.
1124	(b)1.  A political party or affiliated party committee may
1125	not accept any in-kind contribution that fails to provide a
1126	direct benefit to the political party or affiliated party
1127	committee. A "direct benefit" includes, but is not limited to,
1128	fundraising or furthering the objectives of the political party
1129	or affiliated party committee.
1130	2.a.  An in-kind contribution to a state political party
1131	may be accepted only by the chairperson of the state political
1132	party or by the chairperson's designee or designees whose names
1133	are on file with the division in a form acceptable to the
1134	division prior to the date of the written notice required in
1135	sub-subparagraph b. An in-kind contribution to a county
1136	political party may be accepted only by the chairperson of the
1137	county political party or by the county chairperson's designee
1138	or designees whose names are on file with the supervisor of
1139	elections of the respective county prior to the date of the
1140	written notice required in sub-subparagraph b. An in-kind
1141	contribution to an affiliated party committee may be accepted
1142	only by the leader of the affiliated party committee as defined
1143	in s. 103.092 or by the leader's designee or designees whose
1144	names are on file with the division in a form acceptable to the
1145	division prior to the date of the written notice required in
1146	sub-subparagraph b.
1147	b.  A person making an in-kind contribution to a state
1148	political party or county political party or affiliated party
1149	committee must provide prior written notice of the contribution
1150	to a person described in sub-subparagraph a. The prior written
1151	notice must be signed and dated and may be provided by an
1152	electronic or facsimile message. However, prior written notice
1153	is not required for an in-kind contribution that consists of
1154	food and beverage in an aggregate amount not exceeding $1,500
1155	which is consumed at a single sitting or event if such in-kind
1156	contribution is accepted in advance by a person specified in
1157	sub-subparagraph a.
1158	c.  A person described in sub-subparagraph a. may accept an
1159	in-kind contribution requiring prior written notice only in a
1160	writing that is signed and dated before the in-kind contribution
1161	is made. Failure to obtain the required written acceptance of an
1162	in-kind contribution to a state or county political party or
1163	affiliated party committee constitutes a refusal of the
1164	contribution.
1165	d.  A copy of each prior written acceptance required under
1166	sub-subparagraph c. must be filed with the division at the time
1167	the regular reports of contributions and expenditures required
1168	under s. 106.29 are filed by the state executive committee, and
1169	county executive committee, and affiliated party committee.
1170	e.  An in-kind contribution may not be given to a state or
1171	county political party or affiliated party committee unless the
1172	in-kind contribution is made as provided in this subparagraph.
1173	(7)(a)  Any person who knowingly and willfully makes or
1174	accepts no more than one contribution in violation of subsection
1175	(1) or subsection (5), or any person who knowingly and willfully
1176	fails or refuses to return any contribution as required in
1177	subsection (3), commits a misdemeanor of the first degree,
1178	punishable as provided in s. 775.082 or s. 775.083. If any
1179	corporation, partnership, or other business entity or any
1180	political party, affiliated party committee, political
1181	committee, committee of continuous existence, or electioneering
1182	communications organization is convicted of knowingly and
1183	willfully violating any provision punishable under this
1184	paragraph, it shall be fined not less than $1,000 and not more
1185	than $10,000. If it is a domestic entity, it may be ordered
1186	dissolved by a court of competent jurisdiction; if it is a
1187	foreign or nonresident business entity, its right to do business
1188	in this state may be forfeited. Any officer, partner, agent,
1189	attorney, or other representative of a corporation, partnership,
1190	or other business entity, or of a political party, affiliated
1191	party committee, political committee, committee of continuous
1192	existence, electioneering communications organization, or
1193	organization exempt from taxation under s. 527 or s. 501(c)(4)
1194	of the Internal Revenue Code, who aids, abets, advises, or
1195	participates in a violation of any provision punishable under
1196	this paragraph commits a misdemeanor of the first degree,
1197	punishable as provided in s. 775.082 or s. 775.083.
1198	(b)  Any person who knowingly and willfully makes or
1199	accepts two or more contributions in violation of subsection (1)
1200	or subsection (5) commits a felony of the third degree,
1201	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1202	If any corporation, partnership, or other business entity or any
1203	political party, affiliated party committee, political
1204	committee, committee of continuous existence, or electioneering
1205	communications organization is convicted of knowingly and
1206	willfully violating any provision punishable under this
1207	paragraph, it shall be fined not less than $10,000 and not more
1208	than $50,000. If it is a domestic entity, it may be ordered
1209	dissolved by a court of competent jurisdiction; if it is a
1210	foreign or nonresident business entity, its right to do business
1211	in this state may be forfeited. Any officer, partner, agent,
1212	attorney, or other representative of a corporation, partnership,
1213	or other business entity, or of a political committee, committee
1214	of continuous existence, political party, affiliated party
1215	committee, or electioneering communications organization, or
1216	organization exempt from taxation under s. 527 or s. 501(c)(4)
1217	of the Internal Revenue Code, who aids, abets, advises, or
1218	participates in a violation of any provision punishable under
1219	this paragraph commits a felony of the third degree, punishable
1220	as provided in s. 775.082, s. 775.083, or s. 775.084.
1221	Section 15.  Section 106.088, Florida Statutes, is created
1222	to read:
1223	106.088  Independent expenditures; contribution limits;
1224	restrictions on affiliated party committees.-
1225	(1)  As a condition of receiving a rebate of party
1226	assessments under s. 103.121(1)(b), the leader or treasurer of
1227	an affiliated party committee as defined in s. 103.092 shall
1228	take and subscribe to an oath or affirmation in writing. During
1229	the qualifying period for state candidates and prior to
1230	distribution of such funds, a printed copy of the oath or
1231	affirmation shall be filed with the Secretary of State and shall
1232	be substantially in the following form:
1233
1234	State of Florida
1235	County of_____
1236
1237	Before me, an officer authorized to administer oaths, personally
1238	appeared ...(name)..., to me well known, who, being sworn, says
1239	that he or she is the ...(title)... of the ...(name of
1240	party)......(name of chamber)... affiliated party committee;
1241	that the affiliated party committee has not made, either
1242	directly or indirectly, an independent expenditure in support of
1243	or opposition to a candidate or elected public official in the
1244	prior 6 months; that the affiliated party committee will not
1245	make, either directly or indirectly, an independent expenditure
1246	in support of or opposition to a candidate or elected public
1247	official, through and including the upcoming general election;
1248	and that the affiliated party committee will not violate the
1249	contribution limits applicable to candidates under s. 106.08(2),
1250	Florida Statutes.
1251	...(Signature of committee officer)...
1252	...(Address)...
1253	Sworn to and subscribed before me this _____ day of _____,
1254	...(year)..., at _____ County, Florida.
1255	...(Signature and title of officer administering oath)...
1256	(2)(a)  Any affiliated party committee found to have
1257	violated the provisions of the oath or affirmation prior to
1258	receiving funds shall be ineligible to receive the rebate for
1259	that general election year.
1260	(b)  Any affiliated party committee found to have violated
1261	the provisions of the oath or affirmation after receiving funds
1262	shall be ineligible to receive the rebate from candidates
1263	qualifying for the following general election cycle.
1264	(3)  Any funds not distributed to the affiliated party
1265	committee pursuant to this section shall be deposited into the
1266	General Revenue Fund of the state.
1267	Section 16.  Section 106.113, Florida Statutes, is amended
1268	to read:
1269	106.113  Expenditures by local governments.-
1270	(1)  As used in this section, the term:
1271	(a)  "local government" means:
1272	(a)1.  A county, municipality, school district, or other
1273	political subdivision in this state; and
1274	(b)2.  Any department, agency, board, bureau, district,
1275	commission, authority, or similar body of a county,
1276	municipality, school district, or other political subdivision of
1277	this state.
1278	(b)  "Public funds" means all moneys under the jurisdiction
1279	or control of the local government.
1280	(2)  A local government or a person acting on behalf of
1281	local government may not make a specific appropriation or
1282	designated expenditure of moneys under the jurisdiction or
1283	control of the local government expend or authorize the
1284	expenditure of, and a person or group may not accept such
1285	moneys, public funds for the purpose of a political
1286	advertisement or electioneering communication concerning an
1287	issue, referendum, or amendment, including any state question,
1288	that is subject to a vote of the electors. This subsection does
1289	not apply to an electioneering communication from a local
1290	government or a person acting on behalf of a local government
1291	which is limited to factual information.
1292	(3)  With the exception of the prohibitions specified in
1293	subsection (2), this section does not preclude an elected
1294	official of the local government from expressing an opinion on
1295	any issue at any time.
1296	Section 17.  Paragraph (a) of subsection (4) of section
1297	106.141, Florida Statutes, is amended to read:
1298	106.141  Disposition of surplus funds by candidates.-
1299	(4)(a)  Except as provided in paragraph (b), any candidate
1300	required to dispose of funds pursuant to this section shall, at
1301	the option of the candidate, dispose of such funds by any of the
1302	following means, or any combination thereof:
1303	1.  Return pro rata to each contributor the funds that have
1304	not been spent or obligated.
1305	2.  Donate the funds that have not been spent or obligated
1306	to a charitable organization or organizations that meet the
1307	qualifications of s. 501(c)(3) of the Internal Revenue Code.
1308	3.  Give not more than $10,000 of the funds that have not
1309	been spent or obligated to the affiliated party committee or
1310	political party of which such candidate is a member, except that
1311	a candidate for the Florida Senate may give not more than
1312	$30,000 of such funds to the affiliated party committee or
1313	political party of which the candidate is a member.
1314	4.  Give the funds that have not been spent or obligated:
1315	a.  In the case of a candidate for state office, to the
1316	state, to be deposited in either the Election Campaign Financing
1317	Trust Fund or the General Revenue Fund, as designated by the
1318	candidate; or
1319	b.  In the case of a candidate for an office of a political
1320	subdivision, to such political subdivision, to be deposited in
1321	the general fund thereof.
1322	Section 18.  Paragraph (a) of subsection (4) of section
1323	106.143, Florida Statutes, is amended to read:
1324	106.143  Political advertisements circulated prior to
1325	election; requirements.-
1326	(4)(a)  Any political advertisement, including those paid
1327	for by a political party or affiliated party committee, other
1328	than an independent expenditure, offered by or on behalf of a
1329	candidate must be approved in advance by the candidate. Such
1330	political advertisement must expressly state that the content of
1331	the advertisement was approved by the candidate and must state
1332	who paid for the advertisement. The candidate shall provide a
1333	written statement of authorization to the newspaper, radio
1334	station, television station, or other medium for each such
1335	advertisement submitted for publication, display, broadcast, or
1336	other distribution.
1337	Section 19.  Section 106.1437, Florida Statutes, is
1338	reenacted to read:
1339	106.1437  Miscellaneous advertisements.-Any advertisement,
1340	other than a political advertisement, independent expenditure,
1341	or electioneering communication, on billboards, bumper stickers,
1342	radio, or television, or in a newspaper, a magazine, or a
1343	periodical, intended to influence public policy or the vote of a
1344	public official, shall clearly designate the sponsor of such
1345	advertisement by including a clearly readable statement of
1346	sponsorship. If the advertisement is broadcast on television,
1347	the advertisement shall also contain a verbal statement of
1348	sponsorship. This section shall not apply to an editorial
1349	endorsement.
1350	Section 20.  Section 106.1439, Florida Statutes, is
1351	reenacted and amended to read:
1352	106.1439  Electioneering communications; disclaimers.-
1353	(1)  Any electioneering communication, other than a
1354	telephone call, shall prominently state: "Paid electioneering
1355	communication paid for by ...(Name and address of person paying
1356	for the communication)...."
1357	(2)  Any electioneering communication telephone call shall
1358	identify the persons or organizations sponsoring the call by
1359	stating either: "Paid for by ...(insert name of persons or
1360	organizations sponsoring the call)...." or "Paid for on behalf
1361	of ...(insert name of persons or organizations authorizing
1362	call)...." This subsection does not apply to any telephone call
1363	in which the individual making the call is not being paid and
1364	the individuals participating in the call know each other prior
1365	to the call.
1366	(3)(2)  Any person who fails to include the disclaimer
1367	prescribed in this section in any electioneering communication
1368	that is required to contain such disclaimer commits a
1369	misdemeanor of the first degree, punishable as provided in s.
1370	775.082 or s. 775.083.
1371	Section 21.  Paragraphs (a) and (e) of subsection (1) and
1372	subsection (3) of section 106.147, Florida Statutes, are amended
1373	to read:
1374	106.147  Telephone solicitation; disclosure requirements;
1375	prohibitions; exemptions; penalties.-
1376	(1)(a)  Any electioneering communication telephone call or
1377	any telephone call supporting or opposing a candidate, elected
1378	public official, or ballot proposal must identify the persons or
1379	organizations sponsoring the call by stating either: "paid for
1380	by _____" (insert name of persons or organizations sponsoring
1381	the call) or "paid for on behalf of _____" (insert name of
1382	persons or organizations authorizing call). This paragraph does
1383	not apply to any telephone call in which both the individual
1384	making the call is not being paid and the individuals
1385	participating in the call know each other prior to the call.
1386	(e)  Any electioneering communication paid for with public
1387	funds must include a disclaimer containing the words "paid for
1388	by ...(Name of the government entity paying for the
1389	communication)...."
1390	(3)(a)  Any person who willfully violates any provision of
1391	this section commits a misdemeanor of the first degree,
1392	punishable as provided in s. 775.082 or s. 775.083.
1393	(b)  For purposes of paragraph (a), the term "person"
1394	includes any candidate; any officer of any political committee,
1395	committee of continuous existence, affiliated party committee,
1396	or political party executive committee; any officer, partner,
1397	attorney, or other representative of a corporation, partnership,
1398	or other business entity; and any agent or other person acting
1399	on behalf of any candidate, political committee, committee of
1400	continuous existence, affiliated party committee, political
1401	party executive committee, or corporation, partnership, or other
1402	business entity.
1403	Section 22.  Section 106.165, Florida Statutes, is amended
1404	to read:
1405	106.165  Use of closed captioning and descriptive narrative
1406	in all television broadcasts.-Each candidate, political party,
1407	affiliated party committee, and political committee must use
1408	closed captioning and descriptive narrative in all television
1409	broadcasts regulated by the Federal Communications Commission
1410	that are on behalf of, or sponsored by, a candidate, political
1411	party, affiliated party committee, or political committee or
1412	must file a written statement with the qualifying officer
1413	setting forth the reasons for not doing so. Failure to file this
1414	statement with the appropriate qualifying officer constitutes a
1415	violation of the Florida Election Code and is under the
1416	jurisdiction of the Florida Elections Commission. The Department
1417	of State may adopt rules in accordance with s. 120.54 which are
1418	necessary to administer this section.
1419	Section 23.  Section 106.17, Florida Statutes, is reenacted
1420	and amended to read:
1421	106.17  Polls and surveys relating to candidacies.-Any
1422	candidate, political committee, committee of continuous
1423	existence, electioneering communication organization, affiliated
1424	party committee, or state or county executive committee of a
1425	political party may authorize or conduct a political poll,
1426	survey, index, or measurement of any kind relating to candidacy
1427	for public office so long as the candidate, political committee,
1428	committee of continuous existence, electioneering communication
1429	organization, affiliated party committee, or political party
1430	maintains complete jurisdiction over the poll in all its
1431	aspects.
1432	Section 24.  Subsection (2) of section 106.23, Florida
1433	Statutes, is amended to read:
1434	106.23  Powers of the Division of Elections.-
1435	(2)  The Division of Elections shall provide advisory
1436	opinions when requested by any supervisor of elections,
1437	candidate, local officer having election-related duties,
1438	political party, affiliated party committee, political
1439	committee, committee of continuous existence, or other person or
1440	organization engaged in political activity, relating to any
1441	provisions or possible violations of Florida election laws with
1442	respect to actions such supervisor, candidate, local officer
1443	having election-related duties, political party, affiliated
1444	party committee, committee, person, or organization has taken or
1445	proposes to take. Requests for advisory opinions must be
1446	submitted in accordance with rules adopted by the Department of
1447	State. A written record of all such opinions issued by the
1448	division, sequentially numbered, dated, and indexed by subject
1449	matter, shall be retained. A copy shall be sent to said person
1450	or organization upon request. Any such person or organization,
1451	acting in good faith upon such an advisory opinion, shall not be
1452	subject to any criminal penalty provided for in this chapter.
1453	The opinion, until amended or revoked, shall be binding on any
1454	person or organization who sought the opinion or with reference
1455	to whom the opinion was sought, unless material facts were
1456	omitted or misstated in the request for the advisory opinion.
1457	Section 25.  Subsections (1) and (2) of section 106.265,
1458	Florida Statutes, are amended to read:
1459	106.265  Civil penalties.-
1460	(1)  The commission is authorized upon the finding of a
1461	violation of this chapter or chapter 104 to impose civil
1462	penalties in the form of fines not to exceed $1,000 per count.
1463	In determining the amount of such civil penalties, the
1464	commission shall consider, among other mitigating and
1465	aggravating circumstances:
1466	(a)  The gravity of the act or omission;
1467	(b)  Any previous history of similar acts or omissions;
1468	(c)  The appropriateness of such penalty to the financial
1469	resources of the person, political committee, committee of
1470	continuous existence, affiliated party committee, or political
1471	party; and
1472	(d)  Whether the person, political committee, committee of
1473	continuous existence, affiliated party committee, or political
1474	party has shown good faith in attempting to comply with the
1475	provisions of this chapter or chapter 104.
1476	(2)  If any person, political committee, committee of
1477	continuous existence, affiliated party committee, or political
1478	party fails or refuses to pay to the commission any civil
1479	penalties assessed pursuant to the provisions of this section,
1480	the commission shall be responsible for collecting the civil
1481	penalties resulting from such action.
1482	Section 26.  Subsection (2) of section 106.27, Florida
1483	Statutes, is amended to read:
1484	106.27  Determinations by commission; legal disposition.-
1485	(2)  Civil actions may be brought by the commission for
1486	relief, including permanent or temporary injunctions,
1487	restraining orders, or any other appropriate order for the
1488	imposition of civil penalties provided by this chapter. Such
1489	civil actions shall be brought by the commission in the
1490	appropriate court of competent jurisdiction, and the venue shall
1491	be in the county in which the alleged violation occurred or in
1492	which the alleged violator or violators are found, reside, or
1493	transact business. Upon a proper showing that such person,
1494	political committee, committee of continuous existence,
1495	affiliated party committee, or political party has engaged, or
1496	is about to engage, in prohibited acts or practices, a permanent
1497	or temporary injunction, restraining order, or other order shall
1498	be granted without bond by such court, and the civil fines
1499	provided by this chapter may be imposed.
1500	Section 27.  Section 106.29, Florida Statutes, is amended
1501	to read:
1502	106.29  Reports by political parties and affiliated party
1503	committees; restrictions on contributions and expenditures;
1504	penalties.-
1505	(1)  The state executive committee and each county
1506	executive committee of each political party and any affiliated
1507	party committee regulated by chapter 103 shall file regular
1508	reports of all contributions received and all expenditures made
1509	by such committee. Such reports shall contain the same
1510	information as do reports required of candidates by s. 106.07
1511	and shall be filed on the 10th day following the end of each
1512	calendar quarter, except that, during the period from the last
1513	day for candidate qualifying until the general election, such
1514	reports shall be filed on the Friday immediately preceding both
1515	the primary election and the general election. In addition to
1516	the reports filed under this section, the state executive
1517	committee, and each county executive committee, and each
1518	affiliated party committee shall file a copy of each prior
1519	written acceptance of an in-kind contribution given by the
1520	committee during the preceding calendar quarter as required
1521	under s. 106.08(6). Each state executive committee and
1522	affiliated party committee shall file the original and one copy
1523	of its reports with the Division of Elections. Each county
1524	executive committee shall file its reports with the supervisor
1525	of elections in the county in which such committee exists. Any
1526	state or county executive committee or affiliated party
1527	committee failing to file a report on the designated due date
1528	shall be subject to a fine as provided in subsection (3). No
1529	separate fine shall be assessed for failure to file a copy of
1530	any report required by this section.
1531	(2)  The chair and treasurer of each state or county
1532	executive committee shall certify as to the correctness of each
1533	report filed by them on behalf of such committee. The leader and
1534	treasurer of each affiliated party committee under s. 103.092
1535	shall certify as to the correctness of each report filed by them
1536	on behalf of such committee. Any committee chair, leader, or
1537	treasurer who certifies the correctness of any report while
1538	knowing that such report is incorrect, false, or incomplete
1539	commits a felony of the third degree, punishable as provided in
1540	s. 775.082, s. 775.083, or s. 775.084.
1541	(3)(a)  Any state or county executive committee or
1542	affiliated party committee failing to file a report on the
1543	designated due date shall be subject to a fine as provided in
1544	paragraph (b) for each late day. The fine shall be assessed by
1545	the filing officer, and the moneys collected shall be deposited
1546	in the General Revenue Fund.
1547	(b)  Upon determining that a report is late, the filing
1548	officer shall immediately notify the chair of the executive
1549	committee or the leader of the affiliated party committee as
1550	defined in s. 103.092 as to the failure to file a report by the
1551	designated due date and that a fine is being assessed for each
1552	late day. The fine shall be $1,000 for a state executive
1553	committee, $1,000 for an affiliated party committee, and $50 for
1554	a county executive committee, per day for each late day, not to
1555	exceed 25 percent of the total receipts or expenditures,
1556	whichever is greater, for the period covered by the late report.
1557	However, if an executive committee or an affiliated party
1558	committee fails to file a report on the Friday immediately
1559	preceding the general election, the fine shall be $10,000 per
1560	day for each day a state executive committee is late, $10,000
1561	per day for each day an affiliated party committee is late, and
1562	$500 per day for each day a county executive committee is late.
1563	Upon receipt of the report, the filing officer shall determine
1564	the amount of the fine which is due and shall notify the chair
1565	or leader as defined in s. 103.092. The filing officer shall
1566	determine the amount of the fine due based upon the earliest of
1567	the following:
1568	1.  When the report is actually received by such officer.
1569	2.  When the report is postmarked.
1570	3.  When the certificate of mailing is dated.
1571	4.  When the receipt from an established courier company is
1572	dated.
1573	5.  When the electronic receipt issued pursuant to s.
1574	106.0705 is dated.
1575
1576	Such fine shall be paid to the filing officer within 20 days
1577	after receipt of the notice of payment due, unless appeal is
1578	made to the Florida Elections Commission pursuant to paragraph
1579	(c). An officer or member of an executive committee shall not be
1580	personally liable for such fine.
1581	(c)  The chair of an executive committee or the leader of
1582	an affiliated party committee as defined in s. 103.092 may
1583	appeal or dispute the fine, based upon unusual circumstances
1584	surrounding the failure to file on the designated due date, and
1585	may request and shall be entitled to a hearing before the
1586	Florida Elections Commission, which shall have the authority to
1587	waive the fine in whole or in part. Any such request shall be
1588	made within 20 days after receipt of the notice of payment due.
1589	In such case, the chair of the executive committee or the leader
1590	of the affiliated party committee as defined in s. 103.092
1591	shall, within the 20-day period, notify the filing officer in
1592	writing of his or her intention to bring the matter before the
1593	commission.
1594	(d)  The appropriate filing officer shall notify the
1595	Florida Elections Commission of the repeated late filing by an
1596	executive committee or affiliated party committee, the failure
1597	of an executive committee or affiliated party committee to file
1598	a report after notice, or the failure to pay the fine imposed.
1599	(4)  Any contribution received by a state or county
1600	executive committee or affiliated party committee less than 5
1601	days before an election shall not be used or expended in behalf
1602	of any candidate, issue, affiliated party committee, or
1603	political party participating in such election.
1604	(5)  No state or county executive committee or affiliated
1605	party committee, in the furtherance of any candidate or
1606	political party, directly or indirectly, shall give, pay, or
1607	expend any money, give or pay anything of value, authorize any
1608	expenditure, or become pecuniarily liable for any expenditure
1609	prohibited by this chapter. However, the contribution of funds
1610	by one executive committee to another or to established party
1611	organizations for legitimate party or campaign purposes is not
1612	prohibited, but all such contributions shall be recorded and
1613	accounted for in the reports of the contributor and recipient.
1614	(6)(a)  The national, state, and county executive
1615	committees of a political party and affiliated party committees
1616	may not contribute to any candidate any amount in excess of the
1617	limits contained in s. 106.08(2), and all contributions required
1618	to be reported under s. 106.08(2) by the national executive
1619	committee of a political party shall be reported by the state
1620	executive committee of that political party.
1621	(b)  A violation of the contribution limits contained in s.
1622	106.08(2) is a misdemeanor of the first degree, punishable as
1623	provided in s. 775.082 or s. 775.083. A civil penalty equal to
1624	three times the amount in excess of the limits contained in s.
1625	106.08(2) shall be assessed against any executive committee
1626	found in violation thereof.
1627	Section 28.  Paragraph (d) of subsection (1) of section
1628	11.045, Florida Statutes, is amended to read:
1629	11.045  Lobbying before the Legislature; registration and
1630	reporting; exemptions; penalties.-
1631	(1)  As used in this section, unless the context otherwise
1632	requires:
1633	(d)  "Expenditure" means a payment, distribution, loan,
1634	advance, reimbursement, deposit, or anything of value made by a
1635	lobbyist or principal for the purpose of lobbying. The term
1636	"expenditure" does not include contributions or expenditures
1637	reported pursuant to chapter 106 or federal election law,
1638	campaign-related personal services provided without compensation
1639	by individuals volunteering their time, any other contribution
1640	or expenditure made by or to a political party or affiliated
1641	party committee, or any other contribution or expenditure made
1642	by an organization that is exempt from taxation under 26 U.S.C.
1643	s. 527 or s. 501(c)(4).
1644	Section 29.  Paragraph (b) of subsection (12) of section
1645	112.312, Florida Statutes, is amended to read:
1646	112.312  Definitions.-As used in this part and for purposes
1647	of the provisions of s. 8, Art. II of the State Constitution,
1648	unless the context otherwise requires:
1649	(12)
1650	(b)  "Gift" does not include:
1651	1.  Salary, benefits, services, fees, commissions, gifts,
1652	or expenses associated primarily with the donee's employment,
1653	business, or service as an officer or director of a corporation
1654	or organization.
1655	2.  Contributions or expenditures reported pursuant to
1656	chapter 106, campaign-related personal services provided without
1657	compensation by individuals volunteering their time, or any
1658	other contribution or expenditure by a political party or
1659	affiliated party committee.
1660	3.  An honorarium or an expense related to an honorarium
1661	event paid to a person or the person's spouse.
1662	4.  An award, plaque, certificate, or similar personalized
1663	item given in recognition of the donee's public, civic,
1664	charitable, or professional service.
1665	5.  An honorary membership in a service or fraternal
1666	organization presented merely as a courtesy by such
1667	organization.
1668	6.  The use of a public facility or public property, made
1669	available by a governmental agency, for a public purpose.
1670	7.  Transportation provided to a public officer or employee
1671	by an agency in relation to officially approved governmental
1672	business.
1673	8.  Gifts provided directly or indirectly by a state,
1674	regional, or national organization which promotes the exchange
1675	of ideas between, or the professional development of,
1676	governmental officials or employees, and whose membership is
1677	primarily composed of elected or appointed public officials or
1678	staff, to members of that organization or officials or staff of
1679	a governmental agency that is a member of that organization.
1680	Section 30.  Paragraph (d) of subsection (1) of section
1681	112.3215, Florida Statutes, is amended to read:
1682	112.3215  Lobbying before the executive branch or the
1683	Constitution Revision Commission; registration and reporting;
1684	investigation by commission.-
1685	(1)  For the purposes of this section:
1686	(d)  "Expenditure" means a payment, distribution, loan,
1687	advance, reimbursement, deposit, or anything of value made by a
1688	lobbyist or principal for the purpose of lobbying. The term
1689	"expenditure" does not include contributions or expenditures
1690	reported pursuant to chapter 106 or federal election law,
1691	campaign-related personal services provided without compensation
1692	by individuals volunteering their time, any other contribution
1693	or expenditure made by or to a political party or an affiliated
1694	party committee, or any other contribution or expenditure made
1695	by an organization that is exempt from taxation under 26 U.S.C.
1696	s. 527 or s. 501(c)(4).
1697	Section 31.  This act shall take effect July 1, 2010.

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