1 | A bill to be entitled |
2 | An act relating to elections; creating s. 97.0115, F.S.; |
3 | providing that all matters in chapters 97 through 105, |
4 | F.S., are preempted to the state, unless otherwise |
5 | specified; amending s. 97.021, F.S.; defining the term |
6 | "absent uniformed services voter"; revising the definition |
7 | of the term "overseas voter"; amending s. 98.0981, F.S., |
8 | relating to statewide voter information; conforming a |
9 | cross-reference; ; amending s. 101.111, F.S.; revising |
10 | voter challenge oath requirements; providing circumstances |
11 | under which a challenged voter may execute a change of |
12 | legal residence, be directed to the proper precinct, or |
13 | vote a provisional ballot; amending s. 101.56075, F.S.; |
14 | extending the deadline by which persons with disabilities |
15 | will be required to vote on voter interface devices |
16 | meeting specified requirements; amending s. 101.5612, |
17 | F.S.; requiring the supervisor of elections to publish on |
18 | his or her website a notice of testing of tabulating |
19 | equipment; requiring the use of certain ballots and |
20 | technology for preelection testing of tabulating |
21 | equipment; amending s. 101.62, F.S.; requiring the |
22 | supervisor of elections to notify the absent uniformed |
23 | services voter and overseas voter of the free access |
24 | system for determining absentee ballot status; providing a |
25 | timeframe for an absentee ballot to be sent to each absent |
26 | uniformed services voter and overseas voter; providing |
27 | acceptable formats for requesting an absentee ballot; |
28 | modifying circumstances under which the department is |
29 | authorized to prescribe rules for a ballot to be sent to |
30 | absent uniformed services voters and overseas voters; |
31 | amending s. 101.694, F.S.; requiring a supervisor to send |
32 | absentee ballots by specified means to certain persons |
33 | upon receipt of a federal postcard application; deleting |
34 | provisions relating to the period for which an absentee |
35 | ballot request is valid; amending s. 101.6952, F.S.; |
36 | revising responsibilities of the supervisor of elections |
37 | when an absent uniformed services voter's or overseas |
38 | voter's request for an absentee ballot includes an e-mail |
39 | address; requiring the supervisor to record the e-mail |
40 | address in the absentee ballot record and, via e-mail, |
41 | confirm that the request was received, inform the voter of |
42 | the estimated date the absentee ballot will be sent, and |
43 | notify the voter when the voted absentee ballot is |
44 | received; amending s. 101.71, F.S.; requiring the |
45 | supervisor of elections to ensure the provision of |
46 | adequate supplies, equipment, and personnel when precincts |
47 | are collocated; requiring the supervisor of elections to |
48 | publish the relocation of a polling place on his or her |
49 | website; amending s. 102.012, F.S.; allowing the |
50 | supervisor of elections to appoint one election board for |
51 | collocated precincts and requiring the appointment of |
52 | adequate personnel for the collocated precincts; amending |
53 | s. 102.111, F.S.; clarifying that the Governor and Cabinet |
54 | members shall serve ex officio on the Elections Canvassing |
55 | Commission; establishing meeting times for the commission; |
56 | amending s. 102.112, F.S.; conforming a cross-reference; |
57 | amending s. 102.141, F.S.; requiring the supervisor of |
58 | elections to publish on his or her website notice of the |
59 | time for canvassing absentee and provisional ballots; |
60 | providing circumstances under which the Secretary of |
61 | State, county canvassing board, or local board is |
62 | responsible for ordering recounts in elections; specifying |
63 | the time for filing returns for elections in which a |
64 | recount was ordered; amending s. 102.166, F.S.; providing |
65 | circumstances under which the Secretary of State, county |
66 | canvassing board, or local board is responsible for |
67 | ordering a manual recount of overvotes and undervotes; |
68 | amending s. 106.25, F.S.; authorizing the Florida |
69 | Elections Commission to determine whether a person's |
70 | conduct was willful in an informal hearing following a |
71 | finding of probable cause; providing a short title; |
72 | amending s. 106.143, F.S.; providing an alternative |
73 | statement that may be used to identify a candidate as the |
74 | sponsor of a political advertisement under certain |
75 | circumstances; providing circumstances under which certain |
76 | campaign messages and political advertisements are not |
77 | required to state or display specific information |
78 | regarding the identity of the candidate, his or her party |
79 | affiliation, and the office sought in the message or |
80 | advertisement; authorizing a candidate or political |
81 | committee to place a statement on a social networking |
82 | website or account indicating that the site or account is |
83 | an official site or account approved by the candidate or |
84 | political committee; prohibiting an official designation |
85 | without the prior approval by the candidate or political |
86 | committee; amending s. 106.011, F.S.; revising the |
87 | definition of the term "political committee" to remove |
88 | certain reporting requirements included in the exclusion |
89 | of electioneering communications organizations from the |
90 | definition; revising the definition of the term "filing |
91 | officer" to expand applicability to electioneering |
92 | communications organizations; revising the definition of |
93 | the term "electioneering communication" to conform to |
94 | certain federal requirements and to delineate what |
95 | constitutes such a communication; revising the definition |
96 | of the term "electioneering communications organization"; |
97 | amending s. 106.03, F.S.; revising the registration |
98 | requirements for electioneering communications |
99 | organizations; revising the statement of organization |
100 | requirements; revising rule adoption requirements relating |
101 | to dissolution of political committees and electioneering |
102 | communications organizations; amending s. 106.0703, F.S.; |
103 | consolidating reporting requirements in ch. 106, F.S., |
104 | applicable to electioneering communications organizations; |
105 | providing penalties; conforming provisions; prohibiting |
106 | the use of credit cards by electioneering communications |
107 | organizations; amending s. 106.0705, F.S., relating to |
108 | electronic filing of campaign treasurer's reports; |
109 | conforming provisions; amending s. 106.071, F.S.; |
110 | increasing the aggregate amount of expenditures required |
111 | for filing certain reports related to independent |
112 | expenditures or electioneering communications; amending s. |
113 | 106.08, F.S.; removing certain limitations on |
114 | contributions received by an electioneering communications |
115 | organization; amending s. 106.1439, F.S.; providing |
116 | identification requirements for certain electioneering |
117 | communications; providing an exception for telephone |
118 | calls; amending s. 106.147, F.S., relating to telephone |
119 | solicitation disclosure requirements; removing |
120 | requirements relating to electioneering communication, to |
121 | conform; reenacting ss. 106.011(1)(b), (3), (4), (18), and |
122 | (19), 106.022(1), 106.03(1)(b), 106.04(5), 106.0703, |
123 | 106.0705(2)(b), 106.071(1), 106.08(7), 106.1437, 106.1439, |
124 | and 106.17, F.S., relating to definitions, registered |
125 | office and agent requirements, registration requirements, |
126 | prohibited activities for committees of continuous |
127 | existence, additional reporting requirements, electronic |
128 | filing requirements, expenditure reports, penalties for |
129 | violations pertaining to limitations on contributions, |
130 | miscellaneous advertisements, electioneering |
131 | communications disclaimers and penalties for failure to |
132 | include disclaimers, and polls and surveys pertaining to |
133 | candidacies, to cure and conform; amending s. 379.352, |
134 | F.S., relating to recreational licenses and permits; |
135 | conforming cross-references; providing effective dates. |
136 |
|
137 | Be It Enacted by the Legislature of the State of Florida: |
138 |
|
139 | Section 1. Section 97.0115, Florida Statutes, is created |
140 | to read: |
141 | 97.0115 Preemption.-All matters set forth in chapters 97- |
142 | 105 are preempted to the state, except as otherwise specifically |
143 | authorized by state or federal law. The conduct of municipal |
144 | elections shall be governed by s. 100.3605. |
145 | Section 2. Present subsections (2) through (43) of section |
146 | 97.021, Florida Statutes, are renumbered as subsections (3) |
147 | through (44), respectively, a new subsection (2) is added to |
148 | that section, and present subsection (22) of that section is |
149 | amended, to read: |
150 | 97.021 Definitions.-For the purposes of this code, except |
151 | where the context clearly indicates otherwise, the term: |
152 | (2) "Absent uniformed services voter" means: |
153 | (a) A member of a uniformed service on active duty who, by |
154 | reason of such active duty, is absent from the place of |
155 | residence where the member is otherwise qualified to vote; |
156 | (b) A member of the merchant marine who, by reason of |
157 | service in the merchant marine, is absent from the place of |
158 | residence where the member is otherwise qualified to vote; or |
159 | (c) A spouse or dependent of a member referred to in |
160 | paragraph (a) or paragraph (b) who, by reason of the active duty |
161 | or service of the member, is absent from the place of residence |
162 | where the spouse or dependent is otherwise qualified to vote. |
163 | (23)(22) "Overseas voter" means: |
164 | (a) An absent uniformed services voter who, by reason of |
165 | active duty or service, is absent from the United States on the |
166 | date of the election involved Members of the uniformed services |
167 | while in the active service who are permanent residents of the |
168 | state and are temporarily residing outside the territorial |
169 | limits of the United States and the District of Columbia; |
170 | (b) A person who resides outside the United States and is |
171 | qualified to vote in the last place in which the person was |
172 | domiciled before leaving the United States Members of the |
173 | Merchant Marine of the United States who are permanent residents |
174 | of the state and are temporarily residing outside the |
175 | territorial limits of the United States and the District of |
176 | Columbia; or and |
177 | (c) A person who resides outside the United States and, |
178 | but for such residence, would be qualified to vote in the last |
179 | place in which the person was domiciled before leaving the |
180 | United States Other citizens of the United States who are |
181 | permanent residents of the state and are temporarily residing |
182 | outside the territorial limits of the United States and the |
183 | District of Columbia, |
184 |
|
185 | who are qualified and registered to vote as provided by law. |
186 | Section 3. Subsection (3) of section 98.0981, Florida |
187 | Statutes, is amended to read: |
188 | 98.0981 Reports; voting history; statewide voter |
189 | registration system information; precinct-level election |
190 | results; book closing statistics.- |
191 | (3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.-After the date |
192 | of book closing but before the date of an election as defined in |
193 | s. 97.021 s. 97.021(10) to fill a national, state, county, or |
194 | district office, or to vote on a proposed constitutional |
195 | amendment, the department shall compile the following precinct- |
196 | level statistical data for each county: |
197 | (a) Precinct numbers. |
198 | (b) Total number of active registered voters by party for |
199 | each precinct. |
200 | Section 4. Section 101.111, Florida Statutes, is amended |
201 | to read: |
202 | 101.111 Voter challenges Person desiring to vote may be |
203 | challenged; challenger to execute oath; oath of person |
204 | challenged; determination of challenge.- |
205 | (1)(a) Any registered elector or poll watcher of a county |
206 | may challenge the right of a person to vote in that county. The |
207 | challenge must be in writing and contain the following oath, |
208 | which shall be delivered to the clerk or inspector: |
209 | OATH OF PERSON ENTERING CHALLENGE |
210 |
|
211 | State of Florida |
212 | County of .... |
213 |
|
214 | I do solemnly swear or affirm that my name is ....; that I am a |
215 | member of the .... Party; that I am a registered voter or |
216 | pollwatcher; that my residence address is ...., in the |
217 | municipality of ....; and that I have reason to believe that |
218 | .... is attempting to vote illegally and the reasons for my |
219 | belief are set forth herein to wit: |
220 |
|
221 |
|
222 | ...(Signature of person challenging voter)... |
223 |
|
224 | Sworn and subscribed to before me this .... day of ...., |
225 | ...(year).... |
226 | ...(Clerk of election)... |
227 | (b)1. The clerk or inspector shall immediately deliver to |
228 | the challenged person a copy of the oath of the person entering |
229 | the challenge, and the challenged voter shall be allowed to cast |
230 | a provisional ballot in accordance with s. 101.048, except as |
231 | provided in subparagraph 2. |
232 | 2. If the basis for the challenge is that the person's |
233 | legal residence is not in that precinct, the person shall first |
234 | be given the opportunity to execute a change of legal residence |
235 | in order to be able to vote a regular ballot in accordance with |
236 | s. 101.045(2). If the change of legal residence is such that the |
237 | person is then properly registered for that precinct, the person |
238 | shall be allowed to vote a regular ballot. If the change of |
239 | legal residence places the person in another precinct, the |
240 | person shall be directed to the proper precinct to vote. If such |
241 | person insists that he or she is currently in the proper |
242 | precinct, the person shall be allowed to vote a provisional |
243 | ballot in accordance with s. 101.048. |
244 | (c) Alternatively, a challenge in accordance with this |
245 | section may be filed in advance with the supervisor of elections |
246 | no sooner than 30 days before an election. The supervisor shall |
247 | promptly provide the election board in the challenged voter's |
248 | precinct with a copy of the oath of the person entering the |
249 | challenge. The challenged voter shall be allowed to cast a |
250 | provisional ballot in accordance with s. 101.048, subject to the |
251 | provisions of subparagraph (b)2. |
252 | (2) Any elector or poll watcher filing a frivolous |
253 | challenge of any person's right to vote commits a misdemeanor of |
254 | the first degree, punishable as provided in s. 775.082 or s. |
255 | 775.083; however, electors or poll watchers shall not be subject |
256 | to liability for any action taken in good faith and in |
257 | furtherance of any activity or duty permitted of such electors |
258 | or poll watchers by law. Each instance where any elector or poll |
259 | watcher files a frivolous challenge of any person's right to |
260 | vote constitutes a separate offense. |
261 | Section 5. Subsection (3) of section 101.56075, Florida |
262 | Statutes, is amended to read: |
263 | 101.56075 Voting methods.- |
264 | (3) By 2016 2012, persons with disabilities shall vote on |
265 | a voter interface device that meets the voter accessibility |
266 | requirements for individuals with disabilities under s. 301 of |
267 | the federal Help America Vote Act of 2002 and s. 101.56062 which |
268 | are consistent with subsection (1) of this section. |
269 | Section 6. Subsections (2) and (5) of section 101.5612, |
270 | Florida Statutes, are amended to read: |
271 | 101.5612 Testing of tabulating equipment.- |
272 | (2) On any day not more than 10 days prior to the |
273 | commencement of early voting as provided in s. 101.657, the |
274 | supervisor of elections shall have the automatic tabulating |
275 | equipment publicly tested to ascertain that the equipment will |
276 | correctly count the votes cast for all offices and on all |
277 | measures. If the ballots to be used at the polling place on |
278 | election day are not available at the time of the testing, the |
279 | supervisor may conduct an additional test not more than 10 days |
280 | before election day. Public notice of the time and place of the |
281 | test shall be given at least 48 hours prior thereto by |
282 | publication on the supervisor of elections' website and once in |
283 | one or more newspapers of general circulation in the county or, |
284 | if there is no newspaper of general circulation in the county, |
285 | by posting the notice in at least four conspicuous places in the |
286 | county. The supervisor or the municipal elections official may, |
287 | at the time of qualifying, give written notice of the time and |
288 | location of the public preelection test to each candidate |
289 | qualifying with that office and obtain a signed receipt that the |
290 | notice has been given. The Department of State shall give |
291 | written notice to each statewide candidate at the time of |
292 | qualifying, or immediately at the end of qualifying, that the |
293 | voting equipment will be tested and advise each candidate to |
294 | contact the county supervisor of elections as to the time and |
295 | location of the public preelection test. The supervisor or the |
296 | municipal elections official shall, at least 15 days prior to |
297 | the commencement of early voting as provided in s. 101.657, send |
298 | written notice by certified mail to the county party chair of |
299 | each political party and to all candidates for other than |
300 | statewide office whose names appear on the ballot in the county |
301 | and who did not receive written notification from the supervisor |
302 | or municipal elections official at the time of qualifying, |
303 | stating the time and location of the public preelection test of |
304 | the automatic tabulating equipment. The canvassing board shall |
305 | convene, and each member of the canvassing board shall certify |
306 | to the accuracy of the test. For the test, the canvassing board |
307 | may designate one member to represent it. The test shall be open |
308 | to representatives of the political parties, the press, and the |
309 | public. Each political party may designate one person with |
310 | expertise in the computer field who shall be allowed in the |
311 | central counting room when all tests are being conducted and |
312 | when the official votes are being counted. The designee shall |
313 | not interfere with the normal operation of the canvassing board. |
314 | (5) Any tests involving marksense ballots pursuant to this |
315 | section shall employ test preprinted ballots created by the |
316 | supervisor of elections using actual ballots that have been |
317 | printed for the election., If preprinted ballots will be used in |
318 | the election, and ballot-on-demand ballots will be used in the |
319 | election, the supervisor shall also create test ballots using |
320 | the, if ballot-on-demand technology that will be used to produce |
321 | ballots in the election, using the same paper stock as will be |
322 | used for ballots in the election or both. |
323 | Section 7. Subsections (1), (3), (4), and (5) of section |
324 | 101.62, Florida Statutes, are amended to read: |
325 | 101.62 Request for absentee ballots.- |
326 | (1)(a) The supervisor shall may accept a request for an |
327 | absentee ballot from an elector in person or in writing. Except |
328 | as provided in s. 101.694, One request shall be deemed |
329 | sufficient to receive an absentee ballot for all elections |
330 | through the next two regularly scheduled general election |
331 | elections, unless the elector or the elector's designee |
332 | indicates at the time the request is made the elections for |
333 | which the elector desires to receive an absentee ballot. Such |
334 | request may be considered canceled when any first-class mail |
335 | sent by the supervisor to the elector is returned as |
336 | undeliverable. |
337 | (b) The supervisor may accept a written or telephonic |
338 | request for an absentee ballot from the elector, or, if directly |
339 | instructed by the elector, a member of the elector's immediate |
340 | family, or the elector's legal guardian. For purposes of this |
341 | section, the term "immediate family" has the same meaning as |
342 | specified in paragraph (4)(b). The person making the request |
343 | must disclose: |
344 | 1. The name of the elector for whom the ballot is |
345 | requested.; |
346 | 2. The elector's address.; |
347 | 3. The elector's date of birth.; |
348 | 4. The requester's name.; |
349 | 5. The requester's address.; |
350 | 6. The requester's driver's license number, if available.; |
351 | 7. The requester's relationship to the elector.; and |
352 | 8. The requester's signature (written requests only). |
353 | (c) Upon receiving a request for an absentee ballot from |
354 | an absent voter, the supervisor of elections shall notify the |
355 | voter of the free access system that has been designated by the |
356 | department for determining the status of his or her absentee |
357 | ballot. |
358 | (3) For each request for an absentee ballot received, the |
359 | supervisor shall record the date the request was made, the date |
360 | the absentee ballot was delivered to the voter or the voter's |
361 | designee or the date the absentee ballot was delivered to the |
362 | post office or other carrier, the date the ballot was received |
363 | by the supervisor, and such other information he or she may deem |
364 | necessary. This information shall be provided in electronic |
365 | format as provided by rule adopted by the division. The |
366 | information shall be updated and made available no later than |
367 | noon of each day beginning 60 days before the primary until 15 |
368 | days after the general election and shall be contemporaneously |
369 | provided to the division. This information shall be confidential |
370 | and exempt from the provisions of s. 119.07(1) and shall be made |
371 | available to or reproduced only for the voter requesting the |
372 | ballot, a canvassing board, an election official, a political |
373 | party or official thereof, a candidate who has filed |
374 | qualification papers and is opposed in an upcoming election, and |
375 | registered political committees or registered committees of |
376 | continuous existence, for political purposes only. |
377 | (4)(a) No later than 45 days before each election, the |
378 | supervisor of elections shall send an absentee ballot as |
379 | provided in subparagraph (b)2. to each absent uniformed services |
380 | voter and to each overseas voter who has requested an absentee |
381 | ballot. To each absent qualified elector overseas who has |
382 | requested an absentee ballot, the supervisor of elections shall |
383 | mail an absentee ballot not less than 35 days before the primary |
384 | election and not less than 45 days before the general election. |
385 | (b) The supervisor shall provide an absentee ballot to |
386 | each elector by whom a request for that ballot has been made by |
387 | one of the following means: |
388 | 1. By nonforwardable, return-if-undeliverable mail to the |
389 | elector's current mailing address on file with the supervisor, |
390 | unless the elector specifies in the request that: |
391 | a. The elector is absent from the county and does not plan |
392 | to return before the day of the election; |
393 | b. The elector is temporarily unable to occupy the |
394 | residence because of hurricane, tornado, flood, fire, or other |
395 | emergency or natural disaster; or |
396 | c. The elector is in a hospital, assisted living facility, |
397 | nursing home, short-term medical or rehabilitation facility, or |
398 | correctional facility, |
399 |
|
400 | in which case the supervisor shall mail the ballot by |
401 | nonforwardable, return-if-undeliverable mail to any other |
402 | address the elector specifies in the request. |
403 | 2. By forwardable mail, e-mail, or facsimile machine |
404 | transmission to absent uniformed services voters and overseas |
405 | voters who are entitled to vote by absentee ballot under the |
406 | Uniformed and Overseas Citizens Absentee Voting Act. The absent |
407 | uniformed services voter or overseas voter may designate in the |
408 | absentee ballot request the preferred method of transmission. If |
409 | the voter does not designate the method of transmission, the |
410 | absentee ballot shall be mailed. |
411 | 3. By personal delivery before 7 p.m. on election day to |
412 | the elector, upon presentation of the identification required in |
413 | s. 101.043. |
414 | 4. By delivery to a designee on election day or up to 5 |
415 | days prior to the day of an election. Any elector may designate |
416 | in writing a person to pick up the ballot for the elector; |
417 | however, the person designated may not pick up more than two |
418 | absentee ballots per election, other than the designee's own |
419 | ballot, except that additional ballots may be picked up for |
420 | members of the designee's immediate family. For purposes of this |
421 | section, "immediate family" means the designee's spouse or the |
422 | parent, child, grandparent, or sibling of the designee or of the |
423 | designee's spouse. The designee shall provide to the supervisor |
424 | the written authorization by the elector and a picture |
425 | identification of the designee and must complete an affidavit. |
426 | The designee shall state in the affidavit that the designee is |
427 | authorized by the elector to pick up that ballot and shall |
428 | indicate if the elector is a member of the designee's immediate |
429 | family and, if so, the relationship. The department shall |
430 | prescribe the form of the affidavit. If the supervisor is |
431 | satisfied that the designee is authorized to pick up the ballot |
432 | and that the signature of the elector on the written |
433 | authorization matches the signature of the elector on file, the |
434 | supervisor shall give the ballot to that designee for delivery |
435 | to the elector. |
436 | (5) If In the event that the department Elections |
437 | Canvassing Commission is unable to certify candidates for the |
438 | results of an election for a state office in time to comply with |
439 | paragraph (4)(a) subsection (4), the Department of State is |
440 | authorized to prescribe rules for a ballot to be sent to absent |
441 | uniformed services voters and electors overseas voters. |
442 | Section 8. Subsection (1) of section 101.694, Florida |
443 | Statutes, is amended to read: |
444 | 101.694 Mailing of ballots upon receipt of federal |
445 | postcard application.- |
446 | (1) Upon receipt of a federal postcard application for an |
447 | absentee ballot executed by a person whose registration is in |
448 | order or whose application is sufficient to register or update |
449 | the registration of that person, the supervisor shall send the |
450 | ballot in accordance with s. 101.62(4) mail to the applicant a |
451 | ballot, if the ballots are available for mailing. The federal |
452 | postcard application request for an absentee ballot shall be |
453 | effective for all elections through the next two regularly |
454 | scheduled general elections. |
455 | Section 9. Effective July 1, 2010, section 101.6952, |
456 | Florida Statutes, is amended to read: |
457 | 101.6952 Absentee ballots for absent uniformed services |
458 | and overseas voters.- |
459 | (1) If an absent uniformed services voter's or an overseas |
460 | voter's request for an absentee ballot includes an e-mail |
461 | address, the supervisor of elections shall: |
462 | (a) Record the voter's e-mail address in the absentee |
463 | ballot record; |
464 | (b) Confirm by e-mail that the absentee ballot request was |
465 | received and include in that e-mail the estimated date the |
466 | absentee ballot will be sent to the voter; and |
467 | (c) Notify the voter by e-mail when the voted absentee |
468 | ballot is received by the supervisor of elections inform the |
469 | voter of the names of candidates who will be on the ballots via |
470 | electronic transmission. The supervisor of elections shall e- |
471 | mail to the voter the list of candidates for the primary and |
472 | general election not later than 30 days before each election. |
473 | (2) For absentee ballots received from absent uniformed |
474 | services voters or overseas voters, there is a presumption that |
475 | the envelope was mailed on the date stated on the outside of the |
476 | return envelope, regardless of the absence of a postmark on the |
477 | mailed envelope or the existence of a postmark date that is |
478 | later than the date of the election. |
479 | Section 10. Subsection (2) of section 101.71, Florida |
480 | Statutes, is amended to read: |
481 | 101.71 Polling place.- |
482 | (2) Notwithstanding the provisions of subsection (1), |
483 | whenever the supervisor of elections of any county determines |
484 | that the accommodations for holding any election at a polling |
485 | place designated for any precinct in the county are unavailable, |
486 | are inadequate for the expeditious and efficient housing and |
487 | handling of voting and voting paraphernalia, or do not comply |
488 | with the requirements of s. 101.715, the supervisor shall, not |
489 | less than 30 days prior to the holding of an election, provide |
490 | for the voting place for such precinct to be moved to another |
491 | site that is accessible to the public on election day in said |
492 | precinct or, if such is not available, to another site that is |
493 | accessible to the public on election day in a contiguous |
494 | precinct. If such action of the supervisor results in the voting |
495 | place for two or more precincts being located for the purposes |
496 | of an election in one building, the supervisor of elections |
497 | shall provide adequate supplies, equipment, and personnel are |
498 | available to accommodate the voters for the precincts that are |
499 | collocated voting places for the several precincts involved |
500 | shall be established and maintained separate from each other in |
501 | said building. When any supervisor moves any polling place |
502 | pursuant to this subsection, the supervisor shall, not more than |
503 | 30 days or fewer than 7 days prior to the holding of an |
504 | election, give notice of the change of the polling place for the |
505 | precinct involved, with clear description of the voting place to |
506 | which changed, at least once in a newspaper of general |
507 | circulation in the said county and on the supervisor of |
508 | elections' website. A notice of the change of the polling place |
509 | involved shall be mailed, at least 14 days prior to an election, |
510 | to each registered elector or to each household in which there |
511 | is a registered elector. |
512 | Section 11. Subsection (1) of section 102.012, Florida |
513 | Statutes, is amended to read: |
514 | 102.012 Inspectors and clerks to conduct elections.- |
515 | (1)(a) The supervisor of elections of each county, at |
516 | least 20 days prior to the holding of any election, shall |
517 | appoint an election board comprised of poll workers who serve as |
518 | clerks or inspectors for each precinct in the county. The clerk |
519 | shall be in charge of, and responsible for, seeing that the |
520 | election board carries out its duties and responsibilities. Each |
521 | inspector and each clerk shall take and subscribe to an oath or |
522 | affirmation, which shall be written or printed, to the effect |
523 | that he or she will perform the duties of inspector or clerk of |
524 | election, respectively, according to law and will endeavor to |
525 | prevent all fraud, deceit, or abuse in conducting the election. |
526 | The oath may be taken before an officer authorized to administer |
527 | oaths or before any of the persons who are to act as inspectors, |
528 | one of them to swear the others, and one of the others sworn |
529 | thus, in turn, to administer the oath to the one who has not |
530 | been sworn. The oaths shall be returned with the poll list and |
531 | the returns of the election to the supervisor. In all questions |
532 | that may arise before the members of an election board, the |
533 | decision of a majority of them shall decide the question. The |
534 | supervisor of elections of each county shall be responsible for |
535 | the attendance and diligent performance of his or her duties by |
536 | each clerk and inspector. |
537 | (b) If two or more precincts share the same building and |
538 | voting place, the supervisor of elections may appoint one |
539 | election board for the collocated precincts. The supervisor |
540 | shall provide a sufficient number of poll workers are appointed |
541 | to adequately handle the processing of the voters in the |
542 | collocated precincts. |
543 | Section 12. Section 102.111, Florida Statutes, is amended |
544 | to read: |
545 | 102.111 Elections Canvassing Commission.- |
546 | (1) The Elections Canvassing Commission shall consist of |
547 | the Governor and two members of the Cabinet selected by the |
548 | Governor, all of whom shall serve ex officio. If a member of the |
549 | Elections Canvassing commission is unable to serve for any |
550 | reason, the Governor shall appoint a remaining member of the |
551 | Cabinet. If there is a further vacancy, the remaining members of |
552 | the commission shall agree on another elected official to fill |
553 | the vacancy. |
554 | (2) The Elections Canvassing Commission shall meet at 9 |
555 | a.m. on the 9th day after a primary election and at 9 a.m. on |
556 | the 14th day after a general election to, as soon as the |
557 | official results are compiled from all counties, certify the |
558 | returns of the election and determine and declare who has been |
559 | elected for each federal, state, and multicounty office. If a |
560 | member of a county canvassing board that was constituted |
561 | pursuant to s. 102.141 determines, within 5 days after the |
562 | certification by the Elections Canvassing Commission, that a |
563 | typographical error occurred in the official returns of the |
564 | county, the correction of which could result in a change in the |
565 | outcome of an election, the county canvassing board must certify |
566 | corrected returns to the Department of State within 24 hours, |
567 | and the Elections Canvassing Commission must correct and |
568 | recertify the election returns as soon as practicable. |
569 | (3)(2) The Division of Elections shall provide the staff |
570 | services required by the Elections Canvassing Commission. |
571 | Section 13. Subsection (2) of section 102.112, Florida |
572 | Statutes, is amended to read: |
573 | 102.112 Deadline for submission of county returns to the |
574 | Department of State.- |
575 | (2) Returns must be filed by 5 p.m. on the 7th day |
576 | following a primary election and by noon on the 12th day |
577 | following the general election. However, the Department of State |
578 | may correct typographical errors, including the transposition of |
579 | numbers, in any returns submitted to the Department of State |
580 | pursuant to s. 102.111(2) s. 102.111(1). |
581 | Section 14. Subsections (2) and (7) of section 102.141, |
582 | Florida Statutes, are amended to read: |
583 | 102.141 County canvassing board; duties.- |
584 | (2) The county canvassing board shall meet in a building |
585 | accessible to the public in the county where the election |
586 | occurred at a time and place to be designated by the supervisor |
587 | of elections to publicly canvass the absentee electors' ballots |
588 | as provided for in s. 101.68 and provisional ballots as provided |
589 | by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast |
590 | pursuant to s. 101.049 shall be canvassed in a manner that votes |
591 | for candidates and issues on those ballots can be segregated |
592 | from other votes. Public notice of the time and place at which |
593 | the county canvassing board shall meet to canvass the absentee |
594 | electors' ballots and provisional ballots shall be given at |
595 | least 48 hours prior thereto by publication on the supervisor of |
596 | elections' website and once in one or more newspapers of general |
597 | circulation in the county or, if there is no newspaper of |
598 | general circulation in the county, by posting such notice in at |
599 | least four conspicuous places in the county. As soon as the |
600 | absentee electors' ballots and the provisional ballots are |
601 | canvassed, the board shall proceed to publicly canvass the vote |
602 | given each candidate, nominee, constitutional amendment, or |
603 | other measure submitted to the electorate of the county, as |
604 | shown by the returns then on file in the office of the |
605 | supervisor of elections and the office of the county court |
606 | judge. |
607 | (7) If the unofficial returns reflect that a candidate for |
608 | any office was defeated or eliminated by one-half of a percent |
609 | or less of the votes cast for such office, that a candidate for |
610 | retention to a judicial office was retained or not retained by |
611 | one-half of a percent or less of the votes cast on the question |
612 | of retention, or that a measure appearing on the ballot was |
613 | approved or rejected by one-half of a percent or less of the |
614 | votes cast on such measure, the board responsible for certifying |
615 | the results of the vote on such race or measure shall order a |
616 | recount shall be ordered of the votes cast with respect to such |
617 | office or measure. The Secretary of State Elections Canvassing |
618 | Commission is the board responsible for ordering recounts in |
619 | federal, state, and multicounty races recounts. The county |
620 | canvassing board or the local board responsible for certifying |
621 | the election is responsible for ordering recounts in all other |
622 | races. A recount need not be ordered with respect to the returns |
623 | for any office, however, if the candidate or candidates defeated |
624 | or eliminated from contention for such office by one-half of a |
625 | percent or less of the votes cast for such office request in |
626 | writing that a recount not be made. |
627 | (a) Each canvassing board responsible for conducting a |
628 | recount shall put each marksense ballot through automatic |
629 | tabulating equipment and determine whether the returns correctly |
630 | reflect the votes cast. If any marksense ballot is physically |
631 | damaged so that it cannot be properly counted by the automatic |
632 | tabulating equipment during the recount, a true duplicate shall |
633 | be made of the damaged ballot pursuant to the procedures in s. |
634 | 101.5614(5). Immediately before the start of the recount, a test |
635 | of the tabulating equipment shall be conducted as provided in s. |
636 | 101.5612. If the test indicates no error, the recount tabulation |
637 | of the ballots cast shall be presumed correct and such votes |
638 | shall be canvassed accordingly. If an error is detected, the |
639 | cause therefor shall be ascertained and corrected and the |
640 | recount repeated, as necessary. The canvassing board shall |
641 | immediately report the error, along with the cause of the error |
642 | and the corrective measures being taken, to the Department of |
643 | State. No later than 11 days after the election, the canvassing |
644 | board shall file a separate incident report with the Department |
645 | of State, detailing the resolution of the matter and identifying |
646 | any measures that will avoid a future recurrence of the error. |
647 | (b) Each canvassing board responsible for conducting a |
648 | recount where touchscreen ballots were used shall examine the |
649 | counters on the precinct tabulators to ensure that the total of |
650 | the returns on the precinct tabulators equals the overall |
651 | election return. If there is a discrepancy between the overall |
652 | election return and the counters of the precinct tabulators, the |
653 | counters of the precinct tabulators shall be presumed correct |
654 | and such votes shall be canvassed accordingly. |
655 | (c) The canvassing board shall submit on forms or in |
656 | formats provided by the division a second set of unofficial |
657 | returns to the Department of State for each federal, statewide, |
658 | state, or multicounty office or ballot measure. The returns |
659 | shall be filed no later than 3 p.m. on the 5th fifth day after |
660 | any primary election and no later than 3 p.m. on the 9th ninth |
661 | day after any general election in which a recount was ordered by |
662 | the Secretary of State conducted pursuant to this subsection. If |
663 | the canvassing board is unable to complete the recount |
664 | prescribed in this subsection by the deadline, the second set of |
665 | unofficial returns submitted by the canvassing board shall be |
666 | identical to the initial unofficial returns and the submission |
667 | shall also include a detailed explanation of why it was unable |
668 | to timely complete the recount. However, the canvassing board |
669 | shall complete the recount prescribed in this subsection, along |
670 | with any manual recount prescribed in s. 102.166, and certify |
671 | election returns in accordance with the requirements of this |
672 | chapter. |
673 | (d) The Department of State shall adopt detailed rules |
674 | prescribing additional recount procedures for each certified |
675 | voting system, which shall be uniform to the extent practicable. |
676 | Section 15. Subsection (1) of section 102.166, Florida |
677 | Statutes, is amended to read: |
678 | 102.166 Manual recounts of overvotes and undervotes.- |
679 | (1) If the second set of unofficial returns pursuant to s. |
680 | 102.141 indicates that a candidate for any office was defeated |
681 | or eliminated by one-quarter of a percent or less of the votes |
682 | cast for such office, that a candidate for retention to a |
683 | judicial office was retained or not retained by one-quarter of a |
684 | percent or less of the votes cast on the question of retention, |
685 | or that a measure appearing on the ballot was approved or |
686 | rejected by one-quarter of a percent or less of the votes cast |
687 | on such measure, the board responsible for certifying the |
688 | results of the vote on such race or measure shall order a manual |
689 | recount of the overvotes and undervotes cast in the entire |
690 | geographic jurisdiction of such office or ballot measure shall |
691 | be ordered unless:. A manual recount may not be ordered, |
692 | however, if |
693 | (a) The candidate or candidates defeated or eliminated |
694 | from contention by one-quarter of 1 percent or fewer of the |
695 | votes cast for such office request in writing that a recount not |
696 | be made; or |
697 | (b) The number of overvotes and, undervotes, and |
698 | provisional ballots is fewer than the number of votes needed to |
699 | change the outcome of the election. |
700 |
|
701 | The Secretary of State is responsible for ordering a manual |
702 | recount for federal, state, and multicounty races. The county |
703 | canvassing board or local board responsible for certifying the |
704 | election is responsible for ordering a manual recount for all |
705 | other races. |
706 | Section 16. Subsection (3) of section 106.25, Florida |
707 | Statutes, is amended to read: |
708 | 106.25 Reports of alleged violations to Florida Elections |
709 | Commission; disposition of findings.- |
710 | (3) For the purposes of commission jurisdiction, a |
711 | violation shall mean the willful performance of an act |
712 | prohibited by this chapter or chapter 104 or the willful failure |
713 | to perform an act required by this chapter or chapter 104. |
714 | Willfulness is a determination of fact; however, at the request |
715 | of the respondent at any time after probable cause is found, |
716 | willfulness may be considered and determined in an informal |
717 | hearing before the commission. |
718 | Section 17. Section 18 of this act may be cited as the |
719 | "Technology in Elections Act." |
720 | Section 18. Subsection (1) of section 106.143, Florida |
721 | Statutes, is amended, present subsection (8) of that section is |
722 | renumbered as subsection (9), and a new subsection (8) is added |
723 | to that section, to read: |
724 | 106.143 Political advertisements circulated prior to |
725 | election; requirements.- |
726 | (1)(a) Any political advertisement that is paid for by a |
727 | candidate and that is published, displayed, or circulated before |
728 | prior to, or on the day of, any election must prominently state: |
729 | 1. "Political advertisement paid for and approved by |
730 | ...(name of candidate)..., ...(party affiliation)..., for |
731 | ...(office sought)...."; or |
732 | 2. "Paid by ...(name of candidate)..., ...(party |
733 | affiliation)..., for ...(office sought)...." |
734 | (b) Any other political advertisement published, |
735 | displayed, or circulated before prior to, or on the day of, any |
736 | election must prominently: |
737 | 1. Be marked "paid political advertisement" or with the |
738 | abbreviation "pd. pol. adv." |
739 | 2. State the name and address of the persons sponsoring |
740 | the advertisement. |
741 | 3.a.(I) State whether the advertisement and the cost of |
742 | production is paid for or provided in kind by or at the expense |
743 | of the entity publishing, displaying, broadcasting, or |
744 | circulating the political advertisement; or |
745 | (II) State who provided or paid for the advertisement and |
746 | cost of production, if different from the source of sponsorship. |
747 | b. This subparagraph does not apply if the source of the |
748 | sponsorship is patently clear from the content or format of the |
749 | political advertisement. |
750 | (c) Any political advertisement made pursuant to s. |
751 | 106.021(3)(d) must be marked "paid political advertisement" or |
752 | with the abbreviation "pd. pol. adv." and must prominently |
753 | state, "Paid for and sponsored by ...(name of person paying for |
754 | political advertisement).... Approved by ...(names of persons, |
755 | party affiliation, and offices sought in the political |
756 | advertisement)...." |
757 |
|
758 | This subsection does not apply to campaign messages used by a |
759 | candidate and the candidate's supporters if those messages are |
760 | designed to be worn by a person. |
761 | (8) This section does not apply to any campaign message or |
762 | political advertisement used by a candidate and the candidate's |
763 | supporters or by a political committee if the message or |
764 | advertisement is: |
765 | (a) Designed to be worn by a person. |
766 | (b) Placed as a paid link on an Internet website, provided |
767 | the message or advertisement is no more than 200 characters in |
768 | length and the link directs the user to another Internet website |
769 | that complies with subsection (1). |
770 | (c) Placed as a graphic or picture link where compliance |
771 | with the requirements of this section is not reasonably |
772 | practical due to the size of the graphic or picture link and the |
773 | link directs the user to another Internet website that complies |
774 | with subsection (1). |
775 | (d) Placed at no cost on an Internet website for which |
776 | there is no cost to post content for public users. |
777 | (e) Placed or distributed on an unpaid profile or account |
778 | which is available to the public without charge or on a social |
779 | networking Internet website, as long as the source of the |
780 | message or advertisement is patently clear from the content or |
781 | format of the message or advertisement. A candidate or political |
782 | committee may prominently display a statement indicating that |
783 | the website or account is an official website or account of the |
784 | candidate or political committee and is approved by the |
785 | candidate or political committee. A website or account may not |
786 | be marked as official without prior approval by the candidate or |
787 | political committee. |
788 | (f) Distributed as a text message or other message via |
789 | Short Message Service, provided the message is no more than 200 |
790 | characters in length or requires the recipient to sign up or opt |
791 | in to receive it. |
792 | (g) Connected with or included in any software application |
793 | or accompanying function, provided that the user signs up, opts |
794 | in, downloads, or otherwise accesses the application from or |
795 | through a website that complies with subsection (1). |
796 | (h) Sent by a third-party user from or through a campaign |
797 | or committee's website, provided the website complies with |
798 | subsection (1). |
799 | (i) Contained in or distributed through any other |
800 | technology-related item, service, or device for which compliance |
801 | with subsection (1) is not reasonably practical due to the size |
802 | or nature of such item, service, or device as available, or the |
803 | means of displaying the message or advertisement makes |
804 | compliance with subsection (1) impracticable. |
805 | (9)(8) Any person who willfully violates any provision of |
806 | this section is subject to the civil penalties prescribed in s. |
807 | 106.265. |
808 | Section 19. Paragraph (b) of subsection (1) of section |
809 | 106.011, Florida Statutes, is reenacted and amended, subsections |
810 | (3) and (4) of that section are reenacted, subsection (14) of |
811 | that section is amended, and subsections (18) and (19) of that |
812 | section are reenacted and amended, to read: |
813 | 106.011 Definitions.-As used in this chapter, the |
814 | following terms have the following meanings unless the context |
815 | clearly indicates otherwise: |
816 | (1) |
817 | (b) Notwithstanding paragraph (a), the following entities |
818 | are not considered political committees for purposes of this |
819 | chapter: |
820 | 1. Organizations which are certified by the Department of |
821 | State as committees of continuous existence pursuant to s. |
822 | 106.04, national political parties, and the state and county |
823 | executive committees of political parties regulated by chapter |
824 | 103. |
825 | 2. Corporations regulated by chapter 607 or chapter 617 or |
826 | other business entities formed for purposes other than to |
827 | support or oppose issues or candidates, if their political |
828 | activities are limited to contributions to candidates, political |
829 | parties, or political committees or expenditures in support of |
830 | or opposition to an issue from corporate or business funds and |
831 | if no contributions are received by such corporations or |
832 | business entities. |
833 | 3. Electioneering communications organizations as defined |
834 | in subsection (19); however, such organizations shall be |
835 | required to register with and report expenditures and |
836 | contributions, including contributions received from committees |
837 | of continuous existence, to the Division of Elections in the |
838 | same manner, at the same time, and subject to the same penalties |
839 | as a political committee supporting or opposing an issue or a |
840 | legislative candidate, except as otherwise specifically provided |
841 | in this chapter. |
842 | (3) "Contribution" means: |
843 | (a) A gift, subscription, conveyance, deposit, loan, |
844 | payment, or distribution of money or anything of value, |
845 | including contributions in kind having an attributable monetary |
846 | value in any form, made for the purpose of influencing the |
847 | results of an election or making an electioneering |
848 | communication. |
849 | (b) A transfer of funds between political committees, |
850 | between committees of continuous existence, between |
851 | electioneering communications organizations, or between any |
852 | combination of these groups. |
853 | (c) The payment, by any person other than a candidate or |
854 | political committee, of compensation for the personal services |
855 | of another person which are rendered to a candidate or political |
856 | committee without charge to the candidate or committee for such |
857 | services. |
858 | (d) The transfer of funds by a campaign treasurer or |
859 | deputy campaign treasurer between a primary depository and a |
860 | separate interest-bearing account or certificate of deposit, and |
861 | the term includes any interest earned on such account or |
862 | certificate. |
863 |
|
864 | Notwithstanding the foregoing meanings of "contribution," the |
865 | word shall not be construed to include services, including, but |
866 | not limited to, legal and accounting services, provided without |
867 | compensation by individuals volunteering a portion or all of |
868 | their time on behalf of a candidate or political committee. This |
869 | definition shall not be construed to include editorial |
870 | endorsements. |
871 | (4)(a) "Expenditure" means a purchase, payment, |
872 | distribution, loan, advance, transfer of funds by a campaign |
873 | treasurer or deputy campaign treasurer between a primary |
874 | depository and a separate interest-bearing account or |
875 | certificate of deposit, or gift of money or anything of value |
876 | made for the purpose of influencing the results of an election |
877 | or making an electioneering communication. However, |
878 | "expenditure" does not include a purchase, payment, |
879 | distribution, loan, advance, or gift of money or anything of |
880 | value made for the purpose of influencing the results of an |
881 | election when made by an organization, in existence prior to the |
882 | time during which a candidate qualifies or an issue is placed on |
883 | the ballot for that election, for the purpose of printing or |
884 | distributing such organization's newsletter, containing a |
885 | statement by such organization in support of or opposition to a |
886 | candidate or issue, which newsletter is distributed only to |
887 | members of such organization. |
888 | (b) As used in this chapter, an "expenditure" for an |
889 | electioneering communication is made when the earliest of the |
890 | following occurs: |
891 | 1. A person enters into a contract for applicable goods or |
892 | services; |
893 | 2. A person makes payment, in whole or in part, for the |
894 | production or public dissemination of applicable goods or |
895 | services; or |
896 | 3. The electioneering communication is publicly |
897 | disseminated. |
898 | (14) "Filing officer" means the person before whom a |
899 | candidate qualifies, the agency or officer with whom a political |
900 | committee or an electioneering communications organization |
901 | registers, or the agency by whom a committee of continuous |
902 | existence is certified. |
903 | (18)(a) "Electioneering communication" means any |
904 | communication that is publicly distributed by a television |
905 | station, radio station, cable television system, satellite |
906 | system, newspaper, magazine, direct mail, or telephone and a |
907 | paid expression in any communications media prescribed in |
908 | subsection (13) by means other than the spoken word in direct |
909 | conversation that: |
910 | 1. Refers to or depicts a clearly identified candidate for |
911 | office or contains a clear reference indicating that an issue is |
912 | to be voted on at an election, without expressly advocating the |
913 | election or defeat of a candidate but that is susceptible of no |
914 | reasonable interpretation other than an appeal to vote for or |
915 | against a specific candidate; or the passage or defeat of an |
916 | issue. |
917 | 2. Is made within 30 days before a primary or special |
918 | primary election or 60 days before any other election for the |
919 | office sought by the candidate; and |
920 | 3. Is For communications referring to or depicting a |
921 | clearly identified candidate for office, is targeted to the |
922 | relevant electorate. A communication is considered targeted if |
923 | 1,000 or more persons in the geographic area the candidate would |
924 | represent if elected will receive the communication. |
925 | 3. For communications containing a clear reference |
926 | indicating that an issue is to be voted on at an election, is |
927 | published after the issue is designated a ballot position or 120 |
928 | days before the date of the election on the issue, whichever |
929 | occurs first. |
930 | (b) The term "electioneering communication" does not |
931 | include: |
932 | 1. A communication disseminated through a means of |
933 | communication other than a television station, radio station, |
934 | cable television system, satellite system, newspaper, magazine, |
935 | direct mail, telephone, or statement or depiction by an |
936 | organization, in existence prior to the time during which a |
937 | candidate named or depicted qualifies or an issue identified is |
938 | placed on the ballot for that election, made in that |
939 | organization's newsletter, which newsletter is distributed only |
940 | to members of that organization. |
941 | 2. A communication in a news story, commentary, or |
942 | editorial distributed through the facilities of any radio |
943 | station, television station, cable television system, or |
944 | satellite system, unless the facilities are owned or controlled |
945 | by any political party, political committee, or candidate. A |
946 | news story distributed through the facilities owned or |
947 | controlled by any political party, political committee, or |
948 | candidate may nevertheless be exempt if it represents a bona |
949 | fide news account communicated through a licensed broadcasting |
950 | facility and the communication is part of a general pattern of |
951 | campaign-related news accounts that give reasonably equal |
952 | coverage to all opposing candidates in the area. An editorial |
953 | endorsement, news story, commentary, or editorial by |
954 | newspaper, radio, television station, or other recognized |
955 | medium. |
956 | 3. A communication that constitutes a public debate or |
957 | forum that includes at least two opposing candidates for an |
958 | office or one advocate and one opponent of an issue, or that |
959 | solely promotes such a debate or forum and is made by or on |
960 | behalf of the person sponsoring the debate or forum, provided |
961 | that: |
962 | a. The staging organization is either: |
963 | (I) A charitable organization that does not make other |
964 | electioneering communications and does not otherwise support or |
965 | oppose any political candidate or political party; or |
966 | (II) A newspaper, radio station, television station, or |
967 | other recognized news medium; and |
968 | b. The staging organization does not structure the debate |
969 | to promote or advance one candidate or issue position over |
970 | another. |
971 | (c) For purposes of this chapter, an expenditure made for, |
972 | or in furtherance of, an electioneering communication shall not |
973 | be considered a contribution to or on behalf of any candidate. |
974 | (d) For purposes of this chapter, an electioneering |
975 | communication shall not constitute an independent expenditure |
976 | nor be subject to the limitations applicable to independent |
977 | expenditures. |
978 | (19) "Electioneering communications organization" means |
979 | any group, other than a political party, political committee, or |
980 | committee of continuous existence, whose election-related |
981 | activities are limited to making expenditures for electioneering |
982 | communications or accepting contributions for the purpose of |
983 | making electioneering communications and whose activities would |
984 | not otherwise require the group to register as a political |
985 | party, political committee, or committee of continuous existence |
986 | under this chapter. |
987 | Section 20. Subsection (1) of section 106.022, Florida |
988 | Statutes, is reenacted to read: |
989 | 106.022 Appointment of a registered agent; duties.- |
990 | (1) Each political committee, committee of continuous |
991 | existence, or electioneering communications organization shall |
992 | have and continuously maintain in this state a registered office |
993 | and a registered agent and must file with the division a |
994 | statement of appointment for the registered office and |
995 | registered agent. The statement of appointment must: |
996 | (a) Provide the name of the registered agent and the |
997 | street address and phone number for the registered office; |
998 | (b) Identify the entity for whom the registered agent |
999 | serves; |
1000 | (c) Designate the address the registered agent wishes to |
1001 | use to receive mail; |
1002 | (d) Include the entity's undertaking to inform the |
1003 | division of any change in such designated address; |
1004 | (e) Provide for the registered agent's acceptance of the |
1005 | appointment, which must confirm that the registered agent is |
1006 | familiar with and accepts the obligations of the position as set |
1007 | forth in this section; and |
1008 | (f) Contain the signature of the registered agent and the |
1009 | entity engaging the registered agent. |
1010 | Section 21. Paragraph (b) of subsection (1) of section |
1011 | 106.03, Florida Statutes, is reenacted and amended, and |
1012 | subsections (2), (4), and (7) of that section are amended, to |
1013 | read: |
1014 | 106.03 Registration of political committees and |
1015 | electioneering communications organizations.- |
1016 | (1) |
1017 | (b)1. Each electioneering communications organization that |
1018 | receives anticipates receiving contributions or makes making |
1019 | expenditures during a calendar year in an aggregate amount |
1020 | exceeding $5,000 shall file a statement of organization as |
1021 | provided in subparagraph 2. subsection (3) by expedited delivery |
1022 | within 24 hours after its organization or, if later, within 24 |
1023 | hours after the date on which it receives has information that |
1024 | causes the organization to anticipate that it will receive |
1025 | contributions or makes make expenditures for an electioneering |
1026 | communication in excess of $5,000. |
1027 | 2.a. In a statewide, legislative, or multicounty election, |
1028 | an electioneering communications organization shall file a |
1029 | statement of organization with the Division of Elections. |
1030 | b. In a countywide election or any election held on less |
1031 | than a countywide basis, except as described in sub-subparagraph |
1032 | c., an electioneering communications organization shall file a |
1033 | statement of organization with the supervisor of elections of |
1034 | the county in which the election is being held. |
1035 | c. In a municipal election, an electioneering |
1036 | communications organization shall file a statement of |
1037 | organization with the officer before whom municipal candidates |
1038 | qualify. |
1039 | d. Any electioneering communications organization that |
1040 | would be required to file a statement of organization in two or |
1041 | more locations by reason of the organization's intention to |
1042 | support or oppose candidates at state or multicounty and local |
1043 | levels of government need only file a statement of organization |
1044 | with the Division of Elections. |
1045 | (2) The statement of organization shall include: |
1046 | (a) The name, mailing address, and street address of the |
1047 | committee or electioneering communications organization; |
1048 | (b) The names, street addresses, and relationships of |
1049 | affiliated or connected organizations; |
1050 | (c) The area, scope, or jurisdiction of the committee or |
1051 | electioneering communications organization; |
1052 | (d) The name, mailing address, street address, and |
1053 | position of the custodian of books and accounts; |
1054 | (e) The name, mailing address, street address, and |
1055 | position of other principal officers, including the treasurer |
1056 | and deputy treasurer including officers and members of the |
1057 | finance committee, if any; |
1058 | (f) The name, address, office sought, and party |
1059 | affiliation of: |
1060 | 1. Each candidate whom the committee is supporting; |
1061 | 2. Any other individual, if any, whom the committee is |
1062 | supporting for nomination for election, or election, to any |
1063 | public office whatever; |
1064 | (g) Any issue or issues the committee such organization is |
1065 | supporting or opposing; |
1066 | (h) If the committee is supporting the entire ticket of |
1067 | any party, a statement to that effect and the name of the party; |
1068 | (i) A statement of whether the committee is a continuing |
1069 | one; |
1070 | (j) Plans for the disposition of residual funds which will |
1071 | be made in the event of dissolution; |
1072 | (k) A listing of all banks, safe-deposit boxes, or other |
1073 | depositories used for committee or electioneering communications |
1074 | organization funds; and |
1075 | (l) A statement of the reports required to be filed by the |
1076 | committee or the electioneering communications organization with |
1077 | federal officials, if any, and the names, addresses, and |
1078 | positions of such officials; and |
1079 | (m) A statement of whether the electioneering |
1080 | communications organization was formed as a newly created |
1081 | organization during the current calendar quarter or was formed |
1082 | from an organization existing prior to the current calendar |
1083 | quarter. For purposes of this subsection, calendar quarters end |
1084 | the last day of March, June, September, and December. |
1085 | (4) Any change in information previously submitted in a |
1086 | statement of organization shall be reported to the agency or |
1087 | officer with whom such committee or electioneering |
1088 | communications organization is required to register pursuant to |
1089 | subsection (3), within 10 days following the change. |
1090 | (7) The Division of Elections shall adopt promulgate rules |
1091 | to prescribe the manner in which inactive committees and |
1092 | electioneering communications organizations may be dissolved and |
1093 | have their registration canceled. Such rules shall, at a |
1094 | minimum, provide for: |
1095 | (a) Notice which shall contain the facts and conduct which |
1096 | warrant the intended action, including but not limited to |
1097 | failure to file reports and limited activity. |
1098 | (b) Adequate opportunity to respond. |
1099 | (c) Appeal of the decision to the Florida Elections |
1100 | Commission. Such appeals shall be exempt from the |
1101 | confidentiality provisions of s. 106.25. |
1102 | Section 22. Subsection (5) of section 106.04, Florida |
1103 | Statutes, is reenacted to read: |
1104 | 106.04 Committees of continuous existence.- |
1105 | (5) No committee of continuous existence shall make an |
1106 | electioneering communication, contribute to any candidate or |
1107 | political committee an amount in excess of the limits contained |
1108 | in s. 106.08(1), or participate in any activity which is |
1109 | prohibited by this chapter. If any violation occurs, it shall be |
1110 | punishable as provided in this chapter for the given offense. No |
1111 | funds of a committee of continuous existence shall be expended |
1112 | on behalf of a candidate, except by means of a contribution made |
1113 | through the duly appointed campaign treasurer of a candidate. No |
1114 | such committee shall make expenditures in support of, or in |
1115 | opposition to, an issue unless such committee first registers as |
1116 | a political committee pursuant to this chapter and undertakes |
1117 | all the practices and procedures required thereof; provided such |
1118 | committee may make contributions in a total amount not to exceed |
1119 | 25 percent of its aggregate income, as reflected in the annual |
1120 | report filed for the previous year, to one or more political |
1121 | committees registered pursuant to s. 106.03 and formed to |
1122 | support or oppose issues. |
1123 | Section 23. Section 106.0703, Florida Statutes, is |
1124 | reenacted and amended to read: |
1125 | 106.0703 Electioneering communications organizations; |
1126 | additional reporting requirements; certification and filing; |
1127 | penalties.- |
1128 | (1)(a) Each electioneering communications organization |
1129 | shall file regular reports of all contributions received and all |
1130 | expenditures made by or on behalf of the organization. Reports |
1131 | shall be filed on the 10th day following the end of each |
1132 | calendar quarter from the time the organization is registered. |
1133 | However, if the 10th day following the end of a calendar quarter |
1134 | occurs on a Saturday, Sunday, or legal holiday, the report shall |
1135 | be filed on the next following day that is not a Saturday, |
1136 | Sunday, or legal holiday. Quarterly reports shall include all |
1137 | contributions received and expenditures made during the calendar |
1138 | quarter that have not otherwise been reported pursuant to this |
1139 | section. |
1140 | (b) Following the last day of candidates qualifying for |
1141 | office, the reports shall be filed on the 32nd, 18th, and 4th |
1142 | days immediately preceding the primary election and on the 46th, |
1143 | 32nd, 18th, and 4th days immediately preceding the general |
1144 | election. |
1145 | (c) When a special election is called to fill a vacancy in |
1146 | office, all electioneering communications organizations making |
1147 | contributions or expenditures to influence the results of the |
1148 | special election shall file reports with the filing officer on |
1149 | the dates set by the Department of State pursuant to s. 100.111. |
1150 | (d) In addition, an electioneering communications |
1151 | organization that is registered with the Department of State and |
1152 | that makes a contribution or expenditure to influence the |
1153 | results of a county or municipal election that is not being held |
1154 | at the same time as a state or federal election must file |
1155 | reports with the county or municipal filing officer on the same |
1156 | dates as county or municipal candidates or committees for that |
1157 | election. The electioneering communications organization must |
1158 | also include the expenditure in the next report filed with the |
1159 | Division of Elections pursuant to this section following the |
1160 | county or municipal election. |
1161 | (e) The filing officer shall make available to each |
1162 | electioneering communications organization a schedule |
1163 | designating the beginning and end of reporting periods as well |
1164 | as the corresponding designated due dates. |
1165 | (2)(a) Except as provided in s. 106.0705, the reports |
1166 | required of an electioneering communications organization shall |
1167 | be filed with the filing officer not later than 5 p.m. of the |
1168 | day designated. However, any report postmarked by the United |
1169 | States Postal Service no later than midnight of the day |
1170 | designated shall be deemed to have been filed in a timely |
1171 | manner. Any report received by the filing officer within 5 days |
1172 | after the designated due date that was delivered by the United |
1173 | States Postal Service shall be deemed timely filed unless it has |
1174 | a postmark that indicates that the report was mailed after the |
1175 | designated due date. A certificate of mailing obtained from and |
1176 | dated by the United States Postal Service at the time of |
1177 | mailing, or a receipt from an established courier company, which |
1178 | bears a date on or before the date on which the report is due, |
1179 | shall be proof of mailing in a timely manner. Reports shall |
1180 | contain information of all previously unreported contributions |
1181 | received and expenditures made as of the preceding Friday, |
1182 | except that the report filed on the Friday immediately preceding |
1183 | the election shall contain information of all previously |
1184 | unreported contributions received and expenditures made as of |
1185 | the day preceding the designated due date. All such reports |
1186 | shall be open to public inspection. |
1187 | (b)1. Any report that is deemed to be incomplete by the |
1188 | officer with whom the electioneering communications organization |
1189 | files shall be accepted on a conditional basis. The treasurer of |
1190 | the electioneering communications organization shall be |
1191 | notified, by certified mail or other common carrier that can |
1192 | establish proof of delivery for the notice, as to why the report |
1193 | is incomplete. Within 7 days after receipt of such notice, the |
1194 | treasurer must file an addendum to the report providing all |
1195 | information necessary to complete the report in compliance with |
1196 | this section. Failure to file a complete report after such |
1197 | notice constitutes a violation of this chapter. |
1198 | 2. Notice is deemed sufficient upon proof of delivery of |
1199 | written notice to the mailing or street address of the treasurer |
1200 | or registered agent of the electioneering communication |
1201 | organization on record with the filing officer. |
1202 | (3)(a) Each report required by this section must contain: |
1203 | 1. The full name, address, and occupation, if any, of each |
1204 | person who has made one or more contributions to or for such |
1205 | electioneering communications organization within the reporting |
1206 | period, together with the amount and date of such contributions. |
1207 | For corporations, the report must provide as clear a description |
1208 | as practicable of the principal type of business conducted by |
1209 | the corporation. However, if the contribution is $100 or less, |
1210 | the occupation of the contributor or the principal type of |
1211 | business need not be listed. |
1212 | 2. The name and address of each political committee from |
1213 | which or to which the reporting electioneering communications |
1214 | organization made any transfer of funds, together with the |
1215 | amounts and dates of all transfers. |
1216 | 3. Each loan for electioneering communication purposes to |
1217 | or from any person or political committee within the reporting |
1218 | period, together with the full names, addresses, and occupations |
1219 | and principal places of business, if any, of the lender and |
1220 | endorsers, if any, and the date and amount of such loans. |
1221 | 4. A statement of each contribution, rebate, refund, or |
1222 | other receipt not otherwise listed under subparagraphs 1.-3. |
1223 | 5. The total sums of all loans, in-kind contributions, and |
1224 | other receipts by or for such electioneering communications |
1225 | organization during the reporting period. The reporting forms |
1226 | shall be designed to elicit separate totals for in-kind |
1227 | contributions, loans, and other receipts. |
1228 | 6. The full name and address of each person to whom |
1229 | expenditures have been made by or on behalf of the |
1230 | electioneering communications organization within the reporting |
1231 | period and the amount, date, and purpose of each expenditure. |
1232 | 7. The full name and address of each person to whom an |
1233 | expenditure for personal services, salary, or reimbursement for |
1234 | expenses has been made and that is not otherwise reported, |
1235 | including the amount, date, and purpose of the expenditure. |
1236 | 8. The total sum of expenditures made by the |
1237 | electioneering communications organization during the reporting |
1238 | period. |
1239 | 9. The amount and nature of debts and obligations owed by |
1240 | or to the electioneering communications organization that relate |
1241 | to the conduct of any electioneering communication. |
1242 | 10. The amount and nature of any separate interest-bearing |
1243 | accounts or certificates of deposit and identification of the |
1244 | financial institution in which such accounts or certificates of |
1245 | deposit are located. |
1246 | 11. The primary purposes of an expenditure made indirectly |
1247 | through an electioneering communications organization for goods |
1248 | and services, such as communications media placement or |
1249 | procurement services and other expenditures that include |
1250 | multiple components as part of the expenditure. The primary |
1251 | purpose of an expenditure shall be that purpose, including |
1252 | integral and directly related components, that comprises 80 |
1253 | percent of such expenditure. |
1254 | (b) The filing officer shall make available to any |
1255 | electioneering communications organization a reporting form |
1256 | which the electioneering communications organization may use to |
1257 | indicate contributions received by the electioneering |
1258 | communications organization but returned to the contributor |
1259 | before deposit. |
1260 | (4) The treasurer of the electioneering communications |
1261 | organization shall certify as to the correctness of each report, |
1262 | and each person so certifying shall bear the responsibility for |
1263 | the accuracy and veracity of each report. Any treasurer who |
1264 | willfully certifies the correctness of any report while knowing |
1265 | that such report is incorrect, false, or incomplete commits a |
1266 | misdemeanor of the first degree, punishable as provided in s. |
1267 | 775.082 or s. 775.083. |
1268 | (5) The electioneering communications organization |
1269 | depository shall provide statements reflecting deposits and |
1270 | expenditures from the account to the treasurer, who shall retain |
1271 | the records pursuant to s. 106.06. The records maintained by the |
1272 | depository with respect to the account shall be subject to |
1273 | inspection by an agent of the Division of Elections or the |
1274 | Florida Elections Commission at any time during normal banking |
1275 | hours, and such depository shall furnish certified copies of any |
1276 | such records to the Division of Elections or the Florida |
1277 | Elections Commission upon request. |
1278 | (6) Notwithstanding any other provisions of this chapter, |
1279 | in any reporting period during which an electioneering |
1280 | communications organization has not received funds, made any |
1281 | contributions, or expended any reportable funds, the treasurer |
1282 | shall file a written report with the filing officer by the |
1283 | prescribed reporting date that no reportable contributions or |
1284 | expenditures were made during the reporting period. |
1285 | (7)(a) Any electioneering communications organization |
1286 | failing to file a report on the designated due date shall be |
1287 | subject to a fine as provided in paragraph (b) for each late |
1288 | day. The fine shall be assessed by the filing officer and the |
1289 | moneys collected shall be deposited: |
1290 | 1. In the General Revenue Fund, in the case of an |
1291 | electioneering communications organization that registers with |
1292 | the Division of Elections; or |
1293 | 2. In the general revenue fund of the political |
1294 | subdivision, in the case of an electioneering communications |
1295 | organization that registers with an officer of a political |
1296 | subdivision. |
1297 |
|
1298 | No separate fine shall be assessed for failure to file a copy of |
1299 | any report required by this section. |
1300 | (b) Upon determining that a report is late, the filing |
1301 | officer shall immediately notify the electioneering |
1302 | communications organization as to the failure to file a report |
1303 | by the designated due date and that a fine is being assessed for |
1304 | each late day. The fine shall be $50 per day for the first 3 |
1305 | days late and, thereafter, $500 per day for each late day, not |
1306 | to exceed 25 percent of the total receipts or expenditures, |
1307 | whichever is greater, for the period covered by the late report. |
1308 | However, for the reports immediately preceding each primary and |
1309 | general election, the fine shall be $500 per day for each late |
1310 | day, not to exceed 25 percent of the total receipts or |
1311 | expenditures, whichever is greater, for the period covered by |
1312 | the late report. Upon receipt of the report, the filing officer |
1313 | shall determine the amount of the fine which is due and shall |
1314 | notify the electioneering communications organization. The |
1315 | filing officer shall determine the amount of the fine due based |
1316 | upon the earliest of the following: |
1317 | 1. When the report is actually received by such officer. |
1318 | 2. When the report is postmarked. |
1319 | 3. When the certificate of mailing is dated. |
1320 | 4. When the receipt from an established courier company is |
1321 | dated. |
1322 | 5. When the electronic receipt issued pursuant to s. |
1323 | 106.0705 or other electronic filing system authorized in this |
1324 | section is dated. |
1325 |
|
1326 | Such fine shall be paid to the filing officer within 20 days |
1327 | after receipt of the notice of payment due, unless appeal is |
1328 | made to the Florida Elections Commission pursuant to paragraph |
1329 | (c). Notice is deemed sufficient upon proof of delivery of |
1330 | written notice to the mailing or street address on record with |
1331 | the filing officer. An officer or member of an electioneering |
1332 | communications organization shall not be personally liable for |
1333 | such fine. |
1334 | (c) The treasurer of an electioneering communications |
1335 | organization may appeal or dispute the fine, based upon, but not |
1336 | limited to, unusual circumstances surrounding the failure to |
1337 | file on the designated due date, and may request and shall be |
1338 | entitled to a hearing before the Florida Elections Commission, |
1339 | which shall have the authority to waive the fine in whole or in |
1340 | part. The Florida Elections Commission must consider the |
1341 | mitigating and aggravating circumstances contained in s. |
1342 | 106.265(1) when determining the amount of a fine, if any, to be |
1343 | waived. Any such request shall be made within 20 days after |
1344 | receipt of the notice of payment due. In such case, the |
1345 | treasurer of the electioneering communications organization |
1346 | shall, within the 20-day period, notify the filing officer in |
1347 | writing of his or her intention to bring the matter before the |
1348 | commission. |
1349 | (d) The appropriate filing officer shall notify the |
1350 | Florida Elections Commission of the repeated late filing by an |
1351 | electioneering communications organization, the failure of an |
1352 | electioneering communications organization to file a report |
1353 | after notice, or the failure to pay the fine imposed. The |
1354 | commission shall investigate only those alleged late filing |
1355 | violations specifically identified by the filing officer and as |
1356 | set forth in the notification. Any other alleged violations must |
1357 | be stated separately and reported by the division to the |
1358 | commission under s. 106.25(2). |
1359 | (8) In addition to the reporting requirements in s. |
1360 | 106.07, An electioneering communications organization shall, |
1361 | within 2 days after receiving its initial password or secure |
1362 | sign-on from the Department of State allowing confidential |
1363 | access to the department's electronic campaign finance filing |
1364 | system, electronically file the periodic campaign finance |
1365 | reports that would have been required pursuant to this section |
1366 | s. 106.07 for reportable activities that occurred since the date |
1367 | of the last general election. |
1368 | (9) Electioneering communications organizations shall not |
1369 | use credit cards. |
1370 | Section 24. Paragraph (b) of subsection (2) of section |
1371 | 106.0705, Florida Statutes, is reenacted, and subsections (3) |
1372 | and (4) of that section are amended, to read: |
1373 | 106.0705 Electronic filing of campaign treasurer's |
1374 | reports.- |
1375 | (2) |
1376 | (b) Each political committee, committee of continuous |
1377 | existence, electioneering communications organization, or state |
1378 | executive committee that is required to file reports with the |
1379 | division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29, |
1380 | as applicable, must file such reports with the division by means |
1381 | of the division's electronic filing system. |
1382 | (3) Reports filed pursuant to this section shall be |
1383 | completed and filed through the electronic filing system not |
1384 | later than midnight of the day designated. Reports not filed by |
1385 | midnight of the day designated are late filed and are subject to |
1386 | the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7), |
1387 | or s. 106.29(3), as applicable. |
1388 | (4) Each report filed pursuant to this section is |
1389 | considered to be under oath by the candidate and treasurer, or |
1390 | the chair and treasurer, or the treasurer under s. 106.0703, |
1391 | whichever is applicable, and such persons are subject to the |
1392 | provisions of s. 106.04(4)(d), s. 106.07(5), s. 106.0703(4), or |
1393 | s. 106.29(2), as applicable. Persons given a secure sign-on to |
1394 | the electronic filing system are responsible for protecting such |
1395 | from disclosure and are responsible for all filings using such |
1396 | credentials, unless they have notified the division that their |
1397 | credentials have been compromised. |
1398 | Section 25. Subsection (1) of section 106.071, Florida |
1399 | Statutes, is reenacted and amended to read: |
1400 | 106.071 Independent expenditures; electioneering |
1401 | communications; reports; disclaimers.- |
1402 | (1) Each person who makes an independent expenditure with |
1403 | respect to any candidate or issue, and each individual who makes |
1404 | an expenditure for an electioneering communication which is not |
1405 | otherwise reported pursuant to this chapter, which expenditure, |
1406 | in the aggregate, is in the amount of $5,000 $100 or more, shall |
1407 | file periodic reports of such expenditures in the same manner, |
1408 | at the same time, subject to the same penalties, and with the |
1409 | same officer as a political committee supporting or opposing |
1410 | such candidate or issue. The report shall contain the full name |
1411 | and address of the person making the expenditure; the full name |
1412 | and address of each person to whom and for whom each such |
1413 | expenditure has been made; the amount, date, and purpose of each |
1414 | such expenditure; a description of the services or goods |
1415 | obtained by each such expenditure; the issue to which the |
1416 | expenditure relates; and the name and address of, and office |
1417 | sought by, each candidate on whose behalf such expenditure was |
1418 | made. |
1419 | Section 26. Subsections (4) and (5) of section 106.08, |
1420 | Florida Statutes, are amended, and subsection (7) of that |
1421 | section is reenacted, to read: |
1422 | 106.08 Contributions; limitations on.- |
1423 | (4)(a) Any contribution received by the chair, campaign |
1424 | treasurer, or deputy campaign treasurer of a political committee |
1425 | supporting or opposing a candidate with opposition in an |
1426 | election or supporting or opposing an issue on the ballot in an |
1427 | election on the day of that election or less than 5 days prior |
1428 | to the day of that election may not be obligated or expended by |
1429 | the committee until after the date of the election. |
1430 | (b) Any contribution received by an electioneering |
1431 | communications organization on the day of an election or less |
1432 | than 5 days prior to the day of that election may not be |
1433 | obligated or expended by the organization until after the date |
1434 | of the election and may not be expended to pay for any |
1435 | obligation arising prior to the election. |
1436 | (5)(a) A person may not make any contribution through or |
1437 | in the name of another, directly or indirectly, in any election. |
1438 | (b) Candidates, political committees, and political |
1439 | parties may not solicit contributions from any religious, |
1440 | charitable, civic, or other causes or organizations established |
1441 | primarily for the public good. |
1442 | (c) Candidates, political committees, and political |
1443 | parties may not make contributions, in exchange for political |
1444 | support, to any religious, charitable, civic, or other cause or |
1445 | organization established primarily for the public good. It is |
1446 | not a violation of this paragraph for: |
1447 | 1. A candidate, political committee, or political party |
1448 | executive committee to make gifts of money in lieu of flowers in |
1449 | memory of a deceased person; |
1450 | 2. A candidate to continue membership in, or make regular |
1451 | donations from personal or business funds to, religious, |
1452 | political party, civic, or charitable groups of which the |
1453 | candidate is a member or to which the candidate has been a |
1454 | regular donor for more than 6 months; or |
1455 | 3. A candidate to purchase, with campaign funds, tickets, |
1456 | admission to events, or advertisements from religious, civic, |
1457 | political party, or charitable groups. |
1458 | (d) An electioneering communications organization may not |
1459 | accept a contribution from an organization exempt from taxation |
1460 | under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other |
1461 | than a political committee, committee of continuous existence, |
1462 | or political party, unless the contributing organization has |
1463 | registered as if the organization were an electioneering |
1464 | communications organization pursuant to s. 106.03 and has filed |
1465 | all campaign finance reports required of electioneering |
1466 | communications organizations pursuant to ss. 106.07 and |
1467 | 106.0703. |
1468 | (7)(a) Any person who knowingly and willfully makes or |
1469 | accepts no more than one contribution in violation of subsection |
1470 | (1) or subsection (5), or any person who knowingly and willfully |
1471 | fails or refuses to return any contribution as required in |
1472 | subsection (3), commits a misdemeanor of the first degree, |
1473 | punishable as provided in s. 775.082 or s. 775.083. If any |
1474 | corporation, partnership, or other business entity or any |
1475 | political party, political committee, committee of continuous |
1476 | existence, or electioneering communications organization is |
1477 | convicted of knowingly and willfully violating any provision |
1478 | punishable under this paragraph, it shall be fined not less than |
1479 | $1,000 and not more than $10,000. If it is a domestic entity, it |
1480 | may be ordered dissolved by a court of competent jurisdiction; |
1481 | if it is a foreign or nonresident business entity, its right to |
1482 | do business in this state may be forfeited. Any officer, |
1483 | partner, agent, attorney, or other representative of a |
1484 | corporation, partnership, or other business entity, or of a |
1485 | political party, political committee, committee of continuous |
1486 | existence, electioneering communications organization, or |
1487 | organization exempt from taxation under s. 527 or s. 501(c)(4) |
1488 | of the Internal Revenue Code, who aids, abets, advises, or |
1489 | participates in a violation of any provision punishable under |
1490 | this paragraph commits a misdemeanor of the first degree, |
1491 | punishable as provided in s. 775.082 or s. 775.083. |
1492 | (b) Any person who knowingly and willfully makes or |
1493 | accepts two or more contributions in violation of subsection (1) |
1494 | or subsection (5) commits a felony of the third degree, |
1495 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
1496 | If any corporation, partnership, or other business entity or any |
1497 | political party, political committee, committee of continuous |
1498 | existence, or electioneering communications organization is |
1499 | convicted of knowingly and willfully violating any provision |
1500 | punishable under this paragraph, it shall be fined not less than |
1501 | $10,000 and not more than $50,000. If it is a domestic entity, |
1502 | it may be ordered dissolved by a court of competent |
1503 | jurisdiction; if it is a foreign or nonresident business entity, |
1504 | its right to do business in this state may be forfeited. Any |
1505 | officer, partner, agent, attorney, or other representative of a |
1506 | corporation, partnership, or other business entity, or of a |
1507 | political committee, committee of continuous existence, |
1508 | political party, or electioneering communications organization, |
1509 | or organization exempt from taxation under s. 527 or s. |
1510 | 501(c)(4) of the Internal Revenue Code, who aids, abets, |
1511 | advises, or participates in a violation of any provision |
1512 | punishable under this paragraph commits a felony of the third |
1513 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
1514 | 775.084. |
1515 | Section 27. Section 106.1437, Florida Statutes, is |
1516 | reenacted to read: |
1517 | 106.1437 Miscellaneous advertisements.-Any advertisement, |
1518 | other than a political advertisement, independent expenditure, |
1519 | or electioneering communication, on billboards, bumper stickers, |
1520 | radio, or television, or in a newspaper, a magazine, or a |
1521 | periodical, intended to influence public policy or the vote of a |
1522 | public official, shall clearly designate the sponsor of such |
1523 | advertisement by including a clearly readable statement of |
1524 | sponsorship. If the advertisement is broadcast on television, |
1525 | the advertisement shall also contain a verbal statement of |
1526 | sponsorship. This section shall not apply to an editorial |
1527 | endorsement. |
1528 | Section 28. Section 106.1439, Florida Statutes, is |
1529 | reenacted and amended to read: |
1530 | 106.1439 Electioneering communications; disclaimers.- |
1531 | (1) Any electioneering communication, other than a |
1532 | telephone call, shall prominently state: "Paid electioneering |
1533 | communication paid for by ...(Name and address of person paying |
1534 | for the communication)...." |
1535 | (2) Any electioneering communication telephone call shall |
1536 | identify the persons or organizations sponsoring the call by |
1537 | stating either: "Paid for by ...(insert name of persons or |
1538 | organizations sponsoring the call)...." or "Paid for on behalf |
1539 | of ...(insert name of persons or organizations authorizing |
1540 | call)...." This subsection does not apply to any telephone call |
1541 | in which the individual making the call is not being paid and |
1542 | the individuals participating in the call know each other prior |
1543 | to the call. |
1544 | (3)(2) Any person who fails to include the disclaimer |
1545 | prescribed in this section in any electioneering communication |
1546 | that is required to contain such disclaimer commits a |
1547 | misdemeanor of the first degree, punishable as provided in s. |
1548 | 775.082 or s. 775.083. |
1549 | Section 29. Paragraphs (a) and (e) of subsection (1) of |
1550 | section 106.147, Florida Statutes, are amended to read: |
1551 | 106.147 Telephone solicitation; disclosure requirements; |
1552 | prohibitions; exemptions; penalties.- |
1553 | (1)(a) Any electioneering communication telephone call or |
1554 | any telephone call supporting or opposing a candidate, elected |
1555 | public official, or ballot proposal must identify the persons or |
1556 | organizations sponsoring the call by stating either: "paid for |
1557 | by ...." (insert name of persons or organizations sponsoring the |
1558 | call) or "paid for on behalf of ...." (insert name of persons or |
1559 | organizations authorizing call). This paragraph does not apply |
1560 | to any telephone call in which both the individual making the |
1561 | call is not being paid and the individuals participating in the |
1562 | call know each other prior to the call. |
1563 | (e) Any electioneering communication paid for with public |
1564 | funds must include a disclaimer containing the words "paid for |
1565 | by ...(Name of the government entity paying for the |
1566 | communication)...." |
1567 | Section 30. Section 106.17, Florida Statutes, is reenacted |
1568 | to read: |
1569 | 106.17 Polls and surveys relating to candidacies.-Any |
1570 | candidate, political committee, committee of continuous |
1571 | existence, electioneering communication organization, or state |
1572 | or county executive committee of a political party may authorize |
1573 | or conduct a political poll, survey, index, or measurement of |
1574 | any kind relating to candidacy for public office so long as the |
1575 | candidate, political committee, committee of continuous |
1576 | existence, electioneering communication organization, or |
1577 | political party maintains complete jurisdiction over the poll in |
1578 | all its aspects. |
1579 | Section 31. Subsection (11) of section 379.352, Florida |
1580 | Statutes, is amended to read: |
1581 | 379.352 Recreational licenses, permits, and authorization |
1582 | numbers to take wild animal life, freshwater aquatic life, and |
1583 | marine life; issuance; costs; reporting.- |
1584 | (11) When acting in its official capacity pursuant to this |
1585 | section, neither the commission nor a subagent is deemed a |
1586 | third-party registration organization, as defined in s. 97.021 |
1587 | s. 97.021(36), or a voter registration agency, as defined in s. |
1588 | 97.021 s. 97.021(40), and is not authorized to solicit, accept, |
1589 | or collect voter registration applications or provide voter |
1590 | registration services. |
1591 | Section 32. Except as otherwise expressly provided in this |
1592 | act, this act shall take effect upon becoming a law. |