Florida Senate - 2010 SB 2536
By Senator Thrasher
8-01077C-10 20102536__
1 A bill to be entitled
2 An act relating to elections; reenacting s.
3 106.011(1)(b), (3), (4), (18), and (19), F.S.,
4 relating to political committees, contributions,
5 expenditures, electioneering communications, and
6 electioneering communications organizations;
7 reenacting s. 106.022(1), F.S., relating to the
8 appointment of a registered agent; reenacting s.
9 106.03(1)(b), F.S., relating to the registration of
10 political committees; reenacting s. 106.04(5), F.S.,
11 relating to committees of continuous existence;
12 reenacting s. 106.0703, F.S., relating to
13 electioneering communications organizations;
14 reenacting s. 106.0705(2)(b), F.S., relating to
15 electronic filing of campaign treasurer’s reports;
16 reenacting s. 106.071(1), F.S., relating to
17 independent expenditures for electioneering
18 communications; reenacting s. 106.08(4)(b), (5)(d),
19 and (7), F.S., relating to limitations on
20 contributions; reenacting s. 106.1437, F.S., relating
21 to miscellaneous advertisements; reenacting s.
22 106.1439, F.S., relating to disclaimers for
23 electioneering communications; reenacting s.
24 106.147(1), F.S., relating to telephone solicitation;
25 reenacting s. 106.17, F.S., relating to polls and
26 surveys relating to candidacies; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (b) of subsection (1) and subsections
32 (3), (4), (18), and (19) of section 106.011, Florida Statutes,
33 are reenacted to read:
34 106.011 Definitions.—As used in this chapter, the following
35 terms have the following meanings unless the context clearly
36 indicates otherwise:
37 (1)
38 (b) Notwithstanding paragraph (a), the following entities
39 are not considered political committees for purposes of this
40 chapter:
41 1. Organizations which are certified by the Department of
42 State as committees of continuous existence pursuant to s.
43 106.04, national political parties, and the state and county
44 executive committees of political parties regulated by chapter
45 103.
46 2. Corporations regulated by chapter 607 or chapter 617 or
47 other business entities formed for purposes other than to
48 support or oppose issues or candidates, if their political
49 activities are limited to contributions to candidates, political
50 parties, or political committees or expenditures in support of
51 or opposition to an issue from corporate or business funds and
52 if no contributions are received by such corporations or
53 business entities.
54 3. Electioneering communications organizations as defined
55 in subsection (19); however, such organizations shall be
56 required to register with and report expenditures and
57 contributions, including contributions received from committees
58 of continuous existence, to the Division of Elections in the
59 same manner, at the same time, and subject to the same penalties
60 as a political committee supporting or opposing an issue or a
61 legislative candidate, except as otherwise specifically provided
62 in this chapter.
63 (3) “Contribution” means:
64 (a) A gift, subscription, conveyance, deposit, loan,
65 payment, or distribution of money or anything of value,
66 including contributions in kind having an attributable monetary
67 value in any form, made for the purpose of influencing the
68 results of an election or making an electioneering
69 communication.
70 (b) A transfer of funds between political committees,
71 between committees of continuous existence, between
72 electioneering communications organizations, or between any
73 combination of these groups.
74 (c) The payment, by any person other than a candidate or
75 political committee, of compensation for the personal services
76 of another person which are rendered to a candidate or political
77 committee without charge to the candidate or committee for such
78 services.
79 (d) The transfer of funds by a campaign treasurer or deputy
80 campaign treasurer between a primary depository and a separate
81 interest-bearing account or certificate of deposit, and the term
82 includes any interest earned on such account or certificate.
83
84 Notwithstanding the foregoing meanings of “contribution,” the
85 word shall not be construed to include services, including, but
86 not limited to, legal and accounting services, provided without
87 compensation by individuals volunteering a portion or all of
88 their time on behalf of a candidate or political committee. This
89 definition shall not be construed to include editorial
90 endorsements.
91 (4)(a) “Expenditure” means a purchase, payment,
92 distribution, loan, advance, transfer of funds by a campaign
93 treasurer or deputy campaign treasurer between a primary
94 depository and a separate interest-bearing account or
95 certificate of deposit, or gift of money or anything of value
96 made for the purpose of influencing the results of an election
97 or making an electioneering communication. However,
98 “expenditure” does not include a purchase, payment,
99 distribution, loan, advance, or gift of money or anything of
100 value made for the purpose of influencing the results of an
101 election when made by an organization, in existence prior to the
102 time during which a candidate qualifies or an issue is placed on
103 the ballot for that election, for the purpose of printing or
104 distributing such organization’s newsletter, containing a
105 statement by such organization in support of or opposition to a
106 candidate or issue, which newsletter is distributed only to
107 members of such organization.
108 (b) As used in this chapter, an “expenditure” for an
109 electioneering communication is made when the earliest of the
110 following occurs:
111 1. A person enters into a contract for applicable goods or
112 services;
113 2. A person makes payment, in whole or in part, for the
114 production or public dissemination of applicable goods or
115 services; or
116 3. The electioneering communication is publicly
117 disseminated.
118 (18)(a) “Electioneering communication” means a paid
119 expression in any communications media prescribed in subsection
120 (13) by means other than the spoken word in direct conversation
121 that:
122 1. Refers to or depicts a clearly identified candidate for
123 office or contains a clear reference indicating that an issue is
124 to be voted on at an election, without expressly advocating the
125 election or defeat of a candidate or the passage or defeat of an
126 issue.
127 2. For communications referring to or depicting a clearly
128 identified candidate for office, is targeted to the relevant
129 electorate. A communication is considered targeted if 1,000 or
130 more persons in the geographic area the candidate would
131 represent if elected will receive the communication.
132 3. For communications containing a clear reference
133 indicating that an issue is to be voted on at an election, is
134 published after the issue is designated a ballot position or 120
135 days before the date of the election on the issue, whichever
136 occurs first.
137 (b) The term “electioneering communication” does not
138 include:
139 1. A statement or depiction by an organization, in
140 existence prior to the time during which a candidate named or
141 depicted qualifies or an issue identified is placed on the
142 ballot for that election, made in that organization’s
143 newsletter, which newsletter is distributed only to members of
144 that organization.
145 2. An editorial endorsement, news story, commentary, or
146 editorial by any newspaper, radio, television station, or other
147 recognized news medium.
148 3. A communication that constitutes a public debate or
149 forum that includes at least two opposing candidates for an
150 office or one advocate and one opponent of an issue, or that
151 solely promotes such a debate or forum and is made by or on
152 behalf of the person sponsoring the debate or forum, provided
153 that:
154 a. The staging organization is either:
155 (I) A charitable organization that does not make other
156 electioneering communications and does not otherwise support or
157 oppose any political candidate or political party; or
158 (II) A newspaper, radio station, television station, or
159 other recognized news medium; and
160 b. The staging organization does not structure the debate
161 to promote or advance one candidate or issue position over
162 another.
163 (c) For purposes of this chapter, an expenditure made for,
164 or in furtherance of, an electioneering communication shall not
165 be considered a contribution to or on behalf of any candidate.
166 (d) For purposes of this chapter, an electioneering
167 communication shall not constitute an independent expenditure
168 nor be subject to the limitations applicable to independent
169 expenditures.
170 (19) “Electioneering communications organization” means any
171 group, other than a political party, political committee, or
172 committee of continuous existence, whose activities are limited
173 to making expenditures for electioneering communications or
174 accepting contributions for the purpose of making electioneering
175 communications.
176 Section 2. Subsection (1) of section 106.022, Florida
177 Statutes, is reenacted to read:
178 106.022 Appointment of a registered agent; duties.—
179 (1) Each political committee, committee of continuous
180 existence, or electioneering communications organization shall
181 have and continuously maintain in this state a registered office
182 and a registered agent and must file with the division a
183 statement of appointment for the registered office and
184 registered agent. The statement of appointment must:
185 (a) Provide the name of the registered agent and the street
186 address and phone number for the registered office;
187 (b) Identify the entity for whom the registered agent
188 serves;
189 (c) Designate the address the registered agent wishes to
190 use to receive mail;
191 (d) Include the entity’s undertaking to inform the division
192 of any change in such designated address;
193 (e) Provide for the registered agent’s acceptance of the
194 appointment, which must confirm that the registered agent is
195 familiar with and accepts the obligations of the position as set
196 forth in this section; and
197 (f) Contain the signature of the registered agent and the
198 entity engaging the registered agent.
199 Section 3. Paragraph (b) of subsection (1) of section
200 106.03, Florida Statutes, is reenacted to read:
201 106.03 Registration of political committees.—
202 (1)
203 (b) Each electioneering communications organization that
204 anticipates receiving contributions or making expenditures shall
205 file a statement of organization as provided in subsection (3)
206 by expedited delivery within 24 hours after its organization or,
207 if later, within 24 hours after the date on which it has
208 information that causes the organization to anticipate that it
209 will receive contributions or make expenditures for an
210 electioneering communication.
211 Section 4. Subsection (5) of section 106.04, Florida
212 Statutes, is reenacted to read:
213 106.04 Committees of continuous existence.—
214 (5) No committee of continuous existence shall make an
215 electioneering communication, contribute to any candidate or
216 political committee an amount in excess of the limits contained
217 in s. 106.08(1), or participate in any activity which is
218 prohibited by this chapter. If any violation occurs, it shall be
219 punishable as provided in this chapter for the given offense. No
220 funds of a committee of continuous existence shall be expended
221 on behalf of a candidate, except by means of a contribution made
222 through the duly appointed campaign treasurer of a candidate. No
223 such committee shall make expenditures in support of, or in
224 opposition to, an issue unless such committee first registers as
225 a political committee pursuant to this chapter and undertakes
226 all the practices and procedures required thereof; provided such
227 committee may make contributions in a total amount not to exceed
228 25 percent of its aggregate income, as reflected in the annual
229 report filed for the previous year, to one or more political
230 committees registered pursuant to s. 106.03 and formed to
231 support or oppose issues.
232 Section 5. Section 106.0703, Florida Statutes, is reenacted
233 to read:
234 106.0703 Electioneering communications organizations;
235 additional reporting requirements.—In addition to the reporting
236 requirements in s. 106.07, an electioneering communications
237 organization shall, within 2 days after receiving its initial
238 password or secure sign-on from the Department of State allowing
239 confidential access to the department’s electronic campaign
240 finance filing system, electronically file the periodic campaign
241 finance reports that would have been required pursuant to s.
242 106.07 for reportable activities that occurred since the date of
243 the last general election.
244 Section 6. Paragraph (b) of subsection (2) of section
245 106.0705, Florida Statutes, is reenacted to read:
246 106.0705 Electronic filing of campaign treasurer’s
247 reports.—
248 (2)
249 (b) Each political committee, committee of continuous
250 existence, electioneering communications organization, or state
251 executive committee that is required to file reports with the
252 division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29,
253 as applicable, must file such reports with the division by means
254 of the division’s electronic filing system.
255 Section 7. Subsection (1) of section 106.071, Florida
256 Statutes, is reenacted to read:
257 106.071 Independent expenditures; electioneering
258 communications; reports; disclaimers.—
259 (1) Each person who makes an independent expenditure with
260 respect to any candidate or issue, and each individual who makes
261 an expenditure for an electioneering communication which is not
262 otherwise reported pursuant to this chapter, which expenditure,
263 in the aggregate, is in the amount of $100 or more, shall file
264 periodic reports of such expenditures in the same manner, at the
265 same time, subject to the same penalties, and with the same
266 officer as a political committee supporting or opposing such
267 candidate or issue. The report shall contain the full name and
268 address of the person making the expenditure; the full name and
269 address of each person to whom and for whom each such
270 expenditure has been made; the amount, date, and purpose of each
271 such expenditure; a description of the services or goods
272 obtained by each such expenditure; the issue to which the
273 expenditure relates; and the name and address of, and office
274 sought by, each candidate on whose behalf such expenditure was
275 made.
276 Section 8. Paragraph (b) of subsection (4), paragraph (d)
277 of subsection (5), and subsection (7) of section 106.08, Florida
278 Statutes, are reenacted to read:
279 106.08 Contributions; limitations on.—
280 (4)
281 (b) Any contribution received by an electioneering
282 communications organization on the day of an election or less
283 than 5 days prior to the day of that election may not be
284 obligated or expended by the organization until after the date
285 of the election and may not be expended to pay for any
286 obligation arising prior to the election.
287 (5)
288 (d) An electioneering communications organization may not
289 accept a contribution from an organization exempt from taxation
290 under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
291 than a political committee, committee of continuous existence,
292 or political party, unless the contributing organization has
293 registered as if the organization were an electioneering
294 communications organization pursuant to s. 106.03 and has filed
295 all campaign finance reports required of electioneering
296 communications organizations pursuant to ss. 106.07 and
297 106.0703.
298 (7)(a) Any person who knowingly and willfully makes or
299 accepts no more than one contribution in violation of subsection
300 (1) or subsection (5), or any person who knowingly and willfully
301 fails or refuses to return any contribution as required in
302 subsection (3), commits a misdemeanor of the first degree,
303 punishable as provided in s. 775.082 or s. 775.083. If any
304 corporation, partnership, or other business entity or any
305 political party, political committee, committee of continuous
306 existence, or electioneering communications organization is
307 convicted of knowingly and willfully violating any provision
308 punishable under this paragraph, it shall be fined not less than
309 $1,000 and not more than $10,000. If it is a domestic entity, it
310 may be ordered dissolved by a court of competent jurisdiction;
311 if it is a foreign or nonresident business entity, its right to
312 do business in this state may be forfeited. Any officer,
313 partner, agent, attorney, or other representative of a
314 corporation, partnership, or other business entity, or of a
315 political party, political committee, committee of continuous
316 existence, electioneering communications organization, or
317 organization exempt from taxation under s. 527 or s. 501(c)(4)
318 of the Internal Revenue Code, who aids, abets, advises, or
319 participates in a violation of any provision punishable under
320 this paragraph commits a misdemeanor of the first degree,
321 punishable as provided in s. 775.082 or s. 775.083.
322 (b) Any person who knowingly and willfully makes or accepts
323 two or more contributions in violation of subsection (1) or
324 subsection (5) commits a felony of the third degree, punishable
325 as provided in s. 775.082, s. 775.083, or s. 775.084. If any
326 corporation, partnership, or other business entity or any
327 political party, political committee, committee of continuous
328 existence, or electioneering communications organization is
329 convicted of knowingly and willfully violating any provision
330 punishable under this paragraph, it shall be fined not less than
331 $10,000 and not more than $50,000. If it is a domestic entity,
332 it may be ordered dissolved by a court of competent
333 jurisdiction; if it is a foreign or nonresident business entity,
334 its right to do business in this state may be forfeited. Any
335 officer, partner, agent, attorney, or other representative of a
336 corporation, partnership, or other business entity, or of a
337 political committee, committee of continuous existence,
338 political party, or electioneering communications organization,
339 or organization exempt from taxation under s. 527 or s.
340 501(c)(4) of the Internal Revenue Code, who aids, abets,
341 advises, or participates in a violation of any provision
342 punishable under this paragraph commits a felony of the third
343 degree, punishable as provided in s. 775.082, s. 775.083, or s.
344 775.084.
345 Section 9. Section 106.1437, Florida Statutes, is reenacted
346 to read:
347 106.1437 Miscellaneous advertisements.—Any advertisement,
348 other than a political advertisement, independent expenditure,
349 or electioneering communication, on billboards, bumper stickers,
350 radio, or television, or in a newspaper, a magazine, or a
351 periodical, intended to influence public policy or the vote of a
352 public official, shall clearly designate the sponsor of such
353 advertisement by including a clearly readable statement of
354 sponsorship. If the advertisement is broadcast on television,
355 the advertisement shall also contain a verbal statement of
356 sponsorship. This section shall not apply to an editorial
357 endorsement.
358 Section 10. Section 106.1439, Florida Statutes, is
359 reenacted to read:
360 106.1439 Electioneering communications; disclaimers.—
361 (1) Any electioneering communication shall prominently
362 state: “Paid electioneering communication paid for by ...(Name
363 and address of person paying for the communication)....”
364 (2) Any person who fails to include the disclaimer
365 prescribed in this section in any electioneering communication
366 that is required to contain such disclaimer commits a
367 misdemeanor of the first degree, punishable as provided in s.
368 775.082 or s. 775.083.
369 Section 11. Subsection (1) of section 106.147, Florida
370 Statutes, is reenacted to read:
371 106.147 Telephone solicitation; disclosure requirements;
372 prohibitions; exemptions; penalties.—
373 (1)(a) Any electioneering communication telephone call or
374 any telephone call supporting or opposing a candidate, elected
375 public official, or ballot proposal must identify the persons or
376 organizations sponsoring the call by stating either: “paid for
377 by ....” (insert name of persons or organizations sponsoring the
378 call) or “paid for on behalf of ....” (insert name of persons or
379 organizations authorizing call). This paragraph does not apply
380 to any telephone call in which both the individual making the
381 call is not being paid and the individuals participating in the
382 call know each other prior to the call.
383 (b) Any telephone call conducted for the purpose of polling
384 respondents concerning a candidate or elected public official
385 which is a part of a series of like telephone calls that
386 consists of fewer than 1,000 completed calls and averages more
387 than 2 minutes in duration is presumed to be a political poll
388 and not subject to the provisions of paragraph (a).
389 (c) No telephone call shall state or imply that the caller
390 represents any person or organization unless the person or
391 organization so represented has given specific approval in
392 writing to make such representation.
393 (d) No telephone call shall state or imply that the caller
394 represents a nonexistent person or organization.
395 (e) Any electioneering communication paid for with public
396 funds must include a disclaimer containing the words “paid for
397 by ...(Name of the government entity paying for the
398 communication)....”
399 Section 12. Section 106.17, Florida Statutes, is reenacted
400 to read:
401 106.17 Polls and surveys relating to candidacies.—Any
402 candidate, political committee, committee of continuous
403 existence, electioneering communication organization, or state
404 or county executive committee of a political party may authorize
405 or conduct a political poll, survey, index, or measurement of
406 any kind relating to candidacy for public office so long as the
407 candidate, political committee, committee of continuous
408 existence, electioneering communication organization, or
409 political party maintains complete jurisdiction over the poll in
410 all its aspects.
411 Section 13. This act shall take effect July 1, 2010.