Florida Senate - 2010 SB 470
By Senator Justice
16-00352-10 2010470__
1 A bill to be entitled
2 An act relating to political contributions and
3 expenditures; amending s. 106.011, F.S.; redefining
4 the term “political committee”; amending s. 106.04,
5 F.S.; deleting a requirement that committees of
6 continuous existence report information relating to
7 contributions by corporations; amending s. 106.07,
8 F.S.; deleting a requirement that the campaign
9 treasurer for a candidate or a political committee
10 report information relating to contributions by
11 corporations; amending s. 106.08, F.S.; excluding
12 certain corporations and other business entities
13 formed for purposes other than to support or oppose
14 issues or candidates from the application of certain
15 limits on campaign contributions; creating s.
16 106.0805, F.S.; prohibiting corporations and other
17 businesses formed for purposes other than to support
18 or oppose issues or candidates from making certain
19 political contributions and expenditures; providing
20 that the prohibition on contributions and expenditures
21 does not apply to independent expenditures;
22 authorizing criminal penalties and fines for making or
23 accepting or aiding or abetting prohibited
24 contributions or expenditures; authorizing the
25 dissolution of a domestic corporation or other
26 domestic business entity that makes a prohibited
27 contribution or expenditure; providing that a foreign
28 corporation or other foreign business entity may
29 forfeit its right to do business in this state if it
30 makes prohibited contributions or expenditures;
31 amending s. 106.147, F.S.; redefining the term
32 “person” to exclude specified representatives of a
33 corporation or other business entity; providing an
34 effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Subsection (1) of section 106.011, Florida
39 Statutes, is amended to read:
40 106.011 Definitions.—As used in this chapter, the following
41 terms have the following meanings unless the context clearly
42 indicates otherwise:
43 (1)(a) “Political committee” means:
44 1. A combination of two or more persons, excluding
45 corporations or other business entities formed for purposes
46 other than to support or oppose issues or candidates, which
47 individuals, or a person other than an individual, that, in an
48 aggregate amount in excess of $500 during a single calendar
49 year:
50 a. Accept Accepts contributions for the purpose of making
51 contributions to any candidate, political committee, committee
52 of continuous existence, or political party;
53 b. Accept Accepts contributions for the purpose of
54 expressly advocating the election or defeat of a candidate or
55 the passage or defeat of an issue;
56 c. Make Makes expenditures that expressly advocate the
57 election or defeat of a candidate or the passage or defeat of an
58 issue; or
59 d. Make Makes contributions to a common fund, other than a
60 joint checking account between spouses, from which contributions
61 are made to any candidate, political committee, committee of
62 continuous existence, or political party;
63 2. The sponsor of a proposed constitutional amendment by
64 initiative who intends to seek the signatures of registered
65 electors.
66 (b) Notwithstanding paragraph (a), the following entities
67 are not considered political committees for purposes of this
68 chapter:
69 1. Organizations that which are certified by the Department
70 of State as committees of continuous existence pursuant to s.
71 106.04, national political parties, and the state and county
72 executive committees of political parties regulated by chapter
73 103.
74 2. Corporations regulated by chapter 607 or chapter 617 or
75 other business entities formed for purposes other than to
76 support or oppose issues or candidates, if their political
77 activities are limited to contributions to candidates, political
78 parties, or political committees or expenditures in support of
79 or opposition to an issue from corporate or business funds and
80 if no contributions are received by such corporations or
81 business entities.
82 2.3. Electioneering communications organizations as defined
83 in subsection (19); however, such organizations shall be
84 required to register with and report expenditures and
85 contributions, including contributions received from committees
86 of continuous existence, to the Division of Elections in the
87 same manner, at the same time, and subject to the same penalties
88 as a political committee supporting or opposing an issue or a
89 legislative candidate, except as otherwise specifically provided
90 in this chapter.
91 Section 2. Subsection (4) of section 106.04, Florida
92 Statutes, is amended to read:
93 106.04 Committees of continuous existence.—
94 (4)(a) Each committee of continuous existence shall file an
95 annual report with the Division of Elections during the month of
96 January. Such annual reports shall contain the same information
97 and shall be accompanied by the same materials as original
98 applications filed pursuant to subsection (2). However, the
99 charter or bylaws need not be filed if the annual report is
100 accompanied by a sworn statement by the chair that no changes
101 have been made to such charter or bylaws since the last filing.
102 (b)1. Each committee of continuous existence shall file
103 regular reports with the Division of Elections at the same times
104 and subject to the same filing conditions as are established by
105 s. 106.07(1) and (2) for candidates’ reports.
106 2. Any committee of continuous existence failing to so file
107 a report with the Division of Elections pursuant to this
108 paragraph on the designated due date shall be subject to a fine
109 for late filing as provided by this section.
110 (c) All committees of continuous existence shall file their
111 reports with the Division of Elections. Reports shall be filed
112 in accordance with s. 106.0705 and shall contain the following
113 information:
114 1. The full name, address, and occupation of each person
115 who has made one or more contributions, including contributions
116 that represent the payment of membership dues, to the committee
117 during the reporting period, together with the amounts and dates
118 of such contributions. For corporations, the report must provide
119 as clear a description as practicable of the principal type of
120 business conducted by the corporation. However, if the
121 contribution is $100 or less, the occupation of the contributor
122 or principal type of business need not be listed. However, for
123 any contributions that represent the payment of dues by members
124 in a fixed amount aggregating no more than $250 per calendar
125 year, pursuant to the schedule on file with the Division of
126 Elections, only the aggregate amount of such contributions need
127 be listed, together with the number of members paying such dues
128 and the amount of the membership dues.
129 2. The name and address of each political committee or
130 committee of continuous existence from which the reporting
131 committee received, or the name and address of each political
132 committee, committee of continuous existence, or political party
133 to which it made, any transfer of funds, together with the
134 amounts and dates of all transfers.
135 3. Any other receipt of funds not listed pursuant to
136 subparagraph 1. or subparagraph 2., including the sources and
137 amounts of all such funds.
138 4. The name and address of, and office sought by, each
139 candidate to whom the committee has made a contribution during
140 the reporting period, together with the amount and date of each
141 contribution.
142 5. The full name and address of each person to whom
143 expenditures have been made by or on behalf of the committee
144 within the reporting period; the amount, date, and purpose of
145 each such expenditure; and the name and address, and office
146 sought by, each candidate on whose behalf such expenditure was
147 made.
148 6. The full name and address of each person to whom an
149 expenditure for personal services, salary, or reimbursement for
150 authorized expenses has been made, including the full name and
151 address of each entity to whom the person made payment for which
152 reimbursement was made by check drawn upon the committee
153 account, together with the amount and purpose of such payment.
154 7. Transaction information from each credit card statement
155 that will be included in the next report following receipt
156 thereof by the committee. Receipts for each credit card purchase
157 shall be retained by the treasurer with the records for the
158 committee account.
159 8. The total sum of expenditures made by the committee
160 during the reporting period.
161 (d) The treasurer of each committee shall certify as to the
162 correctness of each report and shall bear the responsibility for
163 its accuracy and veracity. Any treasurer who willfully certifies
164 to the correctness of a report while knowing that such report is
165 incorrect, false, or incomplete commits a misdemeanor of the
166 first degree, punishable as provided in s. 775.082 or s.
167 775.083.
168 Section 3. Subsection (4) section 106.07, Florida Statutes,
169 is amended to read:
170 106.07 Reports; certification and filing.—
171 (4)(a) Each report required by this section shall contain:
172 1. The full name, address, and occupation, if any, of each
173 person who has made one or more contributions to or for such
174 committee or candidate within the reporting period, together
175 with the amount and date of such contributions. For
176 corporations, the report must provide as clear a description as
177 practicable of the principal type of business conducted by the
178 corporation. However, if the contribution is $100 or less or is
179 from a relative, as defined in s. 112.312, provided that the
180 relationship is reported, the occupation of the contributor or
181 the principal type of business need not be listed.
182 2. The name and address of each political committee from
183 which the reporting committee or the candidate received, or to
184 which the reporting committee or candidate made, any transfer of
185 funds, together with the amounts and dates of all transfers.
186 3. Each loan for campaign purposes to or from any person or
187 political committee within the reporting period, together with
188 the full names, addresses, and occupations, and principal places
189 of business, if any, of the lender and endorsers, if any, and
190 the date and amount of such loans.
191 4. A statement of each contribution, rebate, refund, or
192 other receipt not otherwise listed under subparagraphs 1.
193 through 3.
194 5. The total sums of all loans, in-kind contributions, and
195 other receipts by or for such committee or candidate during the
196 reporting period. The reporting forms shall be designed to
197 elicit separate totals for in-kind contributions, loans, and
198 other receipts.
199 6. The full name and address of each person to whom
200 expenditures have been made by or on behalf of the committee or
201 candidate within the reporting period; the amount, date, and
202 purpose of each such expenditure; and the name and address of,
203 and office sought by, each candidate on whose behalf such
204 expenditure was made. However, expenditures made from the petty
205 cash fund provided by s. 106.12 need not be reported
206 individually.
207 7. The full name and address of each person to whom an
208 expenditure for personal services, salary, or reimbursement for
209 authorized expenses as provided in s. 106.021(3) has been made
210 and which is not otherwise reported, including the amount, date,
211 and purpose of such expenditure. However, expenditures made from
212 the petty cash fund provided for in s. 106.12 need not be
213 reported individually.
214 8. The total amount withdrawn and the total amount spent
215 for petty cash purposes pursuant to this chapter during the
216 reporting period.
217 9. The total sum of expenditures made by such committee or
218 candidate during the reporting period.
219 10. The amount and nature of debts and obligations owed by
220 or to the committee or candidate, which relate to the conduct of
221 any political campaign.
222 11. A copy of each credit card statement which shall be
223 included in the next report following receipt thereof by the
224 candidate or political committee. Receipts for each credit card
225 purchase shall be retained by the treasurer with the records for
226 the campaign account.
227 12. The amount and nature of any separate interest-bearing
228 accounts or certificates of deposit and identification of the
229 financial institution in which such accounts or certificates of
230 deposit are located.
231 13. The primary purposes of an expenditure made indirectly
232 through a campaign treasurer pursuant to s. 106.021(3) for goods
233 and services such as communications media placement or
234 procurement services, campaign signs, insurance, and other
235 expenditures that include multiple components as part of the
236 expenditure. The primary purpose of an expenditure shall be that
237 purpose, including integral and directly related components,
238 that comprises 80 percent of such expenditure.
239 (b) The filing officer shall make available to any
240 candidate or committee a reporting form which the candidate or
241 committee may use to indicate contributions received by the
242 candidate or committee but returned to the contributor before
243 deposit.
244 Section 4. Section 106.08, Florida Statutes, is amended to
245 read:
246 106.08 Contributions; limitations on.—
247 (1)(a) Except for political parties and corporations or
248 other business entities formed for purposes other than to
249 support or oppose issues or candidates, a no person, political
250 committee, or committee of continuous existence may not, in any
251 election, make contributions in excess of $500 to any candidate
252 for election to or retention in office or to any political
253 committee supporting or opposing one or more candidates.
254 Candidates for the offices of Governor and Lieutenant Governor
255 on the same ticket are considered a single candidate for the
256 purpose of this section.
257 (b)1. The contribution limits provided in this subsection
258 do not apply to contributions made by a state or county
259 executive committee of a political party regulated by chapter
260 103 or to amounts contributed by a candidate to his or her own
261 campaign.
262 2. Notwithstanding the limits provided in this subsection,
263 an unemancipated child under the age of 18 years of age may not
264 make a contribution in excess of $100 to any candidate or to any
265 political committee supporting one or more candidates.
266 (c) The contribution limits of this subsection apply to
267 each election. For purposes of this subsection, the primary
268 election and general election are separate elections so long as
269 the candidate is not an unopposed candidate as defined in s.
270 106.011(15). However, for the purpose of contribution limits
271 with respect to candidates for retention as a justice or judge,
272 there is only one election, which is the general election.
273 (2)(a) A candidate may not accept contributions from
274 national, state, including any subordinate committee of a
275 national, state, or county committee of a political party, and
276 county executive committees of a political party, which
277 contributions in the aggregate exceed $50,000, no more than
278 $25,000 of which may be accepted prior to the 28-day period
279 immediately preceding the date of the general election.
280 (b) A candidate for statewide office may not accept
281 contributions from national, state, or county executive
282 committees of a political party, including any subordinate
283 committee of a national, state, or county committee of a
284 political party, which contributions in the aggregate exceed
285 $250,000, no more than $125,000 of which may be accepted prior
286 to the 28-day period immediately preceding the date of the
287 general election. Polling services, research services, costs for
288 campaign staff, professional consulting services, and telephone
289 calls are not contributions to be counted toward the
290 contribution limits of paragraph (a) or this paragraph. Any item
291 not expressly identified in this paragraph as nonallocable is a
292 contribution in an amount equal to the fair market value of the
293 item and must be counted as allocable toward the contribution
294 limits of paragraph (a) or this paragraph. Nonallocable, in-kind
295 contributions must be reported by the candidate under s. 106.07
296 and by the political party under s. 106.29.
297 (3)(a) Any contribution received by a candidate with
298 opposition in an election or by the campaign treasurer or a
299 deputy campaign treasurer of such a candidate on the day of that
300 election or less than 5 days prior to the day of that election
301 must be returned by him or her to the person or committee
302 contributing it and may not be used or expended by or on behalf
303 of the candidate.
304 (b) Except as otherwise provided in paragraph (c), any
305 contribution received by a candidate or by the campaign
306 treasurer or a deputy campaign treasurer of a candidate after
307 the date at which the candidate withdraws his or her candidacy,
308 or after the date the candidate is defeated, becomes unopposed,
309 or is elected to office must be returned to the person or
310 committee contributing it and may not be used or expended by or
311 on behalf of the candidate.
312 (c) With respect to any campaign for an office in which an
313 independent or minor party candidate has filed as required in s.
314 99.0955 or s. 99.096, but whose qualification is pending a
315 determination by the Department of State or supervisor of
316 elections as to whether or not the required number of petition
317 signatures was obtained:
318 1. The department or supervisor shall, no later than 3 days
319 after that determination has been made, notify in writing all
320 other candidates for that office of that determination.
321 2. Any contribution received by a candidate or the campaign
322 treasurer or deputy campaign treasurer of a candidate after the
323 candidate has been notified in writing by the department or
324 supervisor that he or she has become unopposed as a result of an
325 independent or minor party candidate failing to obtain the
326 required number of petition signatures shall be returned to the
327 person, political committee, or committee of continuous
328 existence contributing it and shall not be used or expended by
329 or on behalf of the candidate.
330 (4)(a) Any contribution received by the chair, campaign
331 treasurer, or deputy campaign treasurer of a political committee
332 supporting or opposing a candidate with opposition in an
333 election or supporting or opposing an issue on the ballot in an
334 election on the day of that election or less than 5 days prior
335 to the day of that election may not be obligated or expended by
336 the committee until after the date of the election.
337 (b) Any contribution received by an electioneering
338 communications organization on the day of an election or less
339 than 5 days prior to the day of that election may not be
340 obligated or expended by the organization until after the date
341 of the election and may not be expended to pay for any
342 obligation arising prior to the election.
343 (5)(a) A person may not make any contribution through or in
344 the name of another, directly or indirectly, in any election.
345 (b) Candidates, political committees, and political parties
346 may not solicit contributions from any religious, charitable,
347 civic, or other causes or organizations established primarily
348 for the public good.
349 (c) Candidates, political committees, and political parties
350 may not make contributions, in exchange for political support,
351 to any religious, charitable, civic, or other cause or
352 organization established primarily for the public good. It is
353 not a violation of this paragraph for:
354 1. A candidate, political committee, or political party
355 executive committee to make gifts of money in lieu of flowers in
356 memory of a deceased person;
357 2. A candidate to continue membership in, or make regular
358 donations from personal or business funds to, religious,
359 political party, civic, or charitable groups of which the
360 candidate is a member or to which the candidate has been a
361 regular donor for more than 6 months; or
362 3. A candidate to purchase, with campaign funds, tickets,
363 admission to events, or advertisements from religious, civic,
364 political party, or charitable groups.
365 (d) An electioneering communications organization may not
366 accept a contribution from an organization exempt from taxation
367 under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
368 than a political committee, committee of continuous existence,
369 or political party, unless the contributing organization has
370 registered as if the organization were an electioneering
371 communications organization pursuant to s. 106.03 and has filed
372 all campaign finance reports required of electioneering
373 communications organizations pursuant to ss. 106.07 and
374 106.0703.
375 (6)(a) A political party may not accept any contribution
376 that has been specifically designated for the partial or
377 exclusive use of a particular candidate. Any contribution so
378 designated must be returned to the contributor and may not be
379 used or expended by or on behalf of the candidate.
380 (b)1. A political party may not accept any in-kind
381 contribution that fails to provide a direct benefit to the
382 political party. A “direct benefit” includes, but is not limited
383 to, fundraising or furthering the objectives of the political
384 party.
385 2.a. An in-kind contribution to a state political party may
386 be accepted only by the chairperson of the state political party
387 or by the chairperson’s designee or designees whose names are on
388 file with the division in a form acceptable to the division
389 prior to the date of the written notice required in sub
390 subparagraph b. An in-kind contribution to a county political
391 party may be accepted only by the chairperson of the county
392 political party or by the county chairperson’s designee or
393 designees whose names are on file with the supervisor of
394 elections of the respective county prior to the date of the
395 written notice required in sub-subparagraph b.
396 b. A person making an in-kind contribution to a state
397 political party or county political party must provide prior
398 written notice of the contribution to a person described in sub
399 subparagraph a. The prior written notice must be signed and
400 dated and may be provided by an electronic or facsimile message.
401 However, prior written notice is not required for an in-kind
402 contribution that consists of food and beverage in an aggregate
403 amount not exceeding $1,500 which is consumed at a single
404 sitting or event if such in-kind contribution is accepted in
405 advance by a person specified in sub-subparagraph a.
406 c. A person described in sub-subparagraph a. may accept an
407 in-kind contribution requiring prior written notice only in a
408 writing that is signed and dated before the in-kind contribution
409 is made. Failure to obtain the required written acceptance of an
410 in-kind contribution to a state or county political party
411 constitutes a refusal of the contribution.
412 d. A copy of each prior written acceptance required under
413 sub-subparagraph c. must be filed with the division at the time
414 the regular reports of contributions and expenditures required
415 under s. 106.29 are filed by the state executive committee and
416 county executive committee.
417 e. An in-kind contribution may not be given to a state or
418 county political party unless the in-kind contribution is made
419 as provided in this subparagraph.
420 (7)(a) Any person who knowingly and willfully makes or
421 accepts no more than one contribution in violation of subsection
422 (1) or subsection (5), or any person who knowingly and willfully
423 fails or refuses to return any contribution as required in
424 subsection (3), commits a misdemeanor of the first degree,
425 punishable as provided in s. 775.082 or s. 775.083. If any
426 corporation, partnership, or other business entity or any
427 political party, political committee, committee of continuous
428 existence, or electioneering communications organization is
429 convicted of knowingly and willfully violating any provision
430 punishable under this paragraph, it shall be fined not less than
431 $1,000 and not more than $10,000. If it is a domestic entity, it
432 may be ordered dissolved by a court of competent jurisdiction;
433 if it is a foreign or nonresident business entity, its right to
434 do business in this state may be forfeited. Any officer,
435 partner, agent, attorney, or other representative of a
436 corporation, partnership, or other business entity, or of a
437 political party, political committee, committee of continuous
438 existence, electioneering communications organization, or
439 organization exempt from taxation under s. 527 or s. 501(c)(4)
440 of the Internal Revenue Code, who aids, abets, advises, or
441 participates in a violation of any provision punishable under
442 this paragraph commits a misdemeanor of the first degree,
443 punishable as provided in s. 775.082 or s. 775.083.
444 (b) Any person who knowingly and willfully makes or accepts
445 two or more contributions in violation of subsection (1) or
446 subsection (5) commits a felony of the third degree, punishable
447 as provided in s. 775.082, s. 775.083, or s. 775.084. If any
448 corporation, partnership, or other business entity or any
449 political party, political committee, committee of continuous
450 existence, or electioneering communications organization is
451 convicted of knowingly and willfully violating any provision
452 punishable under this paragraph, it shall be fined not less than
453 $10,000 and not more than $50,000. If it is a domestic entity,
454 it may be ordered dissolved by a court of competent
455 jurisdiction; if it is a foreign or nonresident business entity,
456 its right to do business in this state may be forfeited. Any
457 officer, partner, agent, attorney, or other representative of a
458 corporation, partnership, or other business entity, or of a
459 political committee, committee of continuous existence,
460 political party, or electioneering communications organization,
461 or organization exempt from taxation under s. 527 or s.
462 501(c)(4) of the Internal Revenue Code, who aids, abets,
463 advises, or participates in a violation of any provision
464 punishable under this paragraph commits a felony of the third
465 degree, punishable as provided in s. 775.082, s. 775.083, or s.
466 775.084.
467 (8) Except when otherwise provided in subsection (7), any
468 person who knowingly and willfully violates any provision of
469 this section shall, in addition to any other penalty prescribed
470 by this chapter, pay to the state a sum equal to twice the
471 amount contributed in violation of this chapter. Each campaign
472 treasurer shall pay all amounts contributed in violation of this
473 section to the state for deposit in the General Revenue Fund.
474 (9) This section does not apply to the transfer of funds
475 between a primary campaign depository and a savings account or
476 certificate of deposit or to any interest earned on such account
477 or certificate.
478 (10) Contributions to a political committee or committee of
479 continuous existence may be received by an affiliated
480 organization and transferred to the bank account of the
481 political committee or committee of continuous existence via
482 check written from the affiliated organization if such
483 contributions are specifically identified as intended to be
484 contributed to the political committee or committee of
485 continuous existence. All contributions received in this manner
486 shall be reported pursuant to s. 106.07 by the political
487 committee or committee of continuous existence as having been
488 made by the original contributor.
489 Section 5. Section 106.0805, Florida Statutes, is created
490 to read:
491 106.0805 Prohibition on campaign contributions and
492 expenditures by corporations.—
493 (1) A corporation or other business entity formed for
494 purposes other than to support or oppose issues or candidates
495 may not:
496 (a) Act as a committee of continuous existence, an
497 electioneering communications organization, or a political
498 committee; or
499 (b) Make a contribution to or make an expenditure for the
500 benefit of a committee of continuous existence, an
501 electioneering communications organization, a political
502 committee, a candidate for office in this state, or a political
503 party in this state, including a subordinate committee of a
504 state or county committee of a political party.
505 (2) A committee of continuous existence, an electioneering
506 organization, a political committee, a candidate for office in
507 this state, or a political party in this state, including a
508 subordinate committee of a state or county committee of a
509 political party, may not accept a contribution from or a
510 contribution by a corporation or other business entity formed
511 for purposes other than to support or oppose issues or
512 candidates.
513 (3) This section does not restrict independent
514 expenditures.
515 (4)(a) A person who knowingly and willfully makes or
516 accepts $500 or less in contributions or expenditures in
517 violation of this section commits a misdemeanor of the first
518 degree, punishable as provided in s. 775.082 or s. 775.083. A
519 corporation, partnership, or other business entity that is
520 convicted of knowingly and willfully violating this section
521 shall be fined not less than $1,000 and not more than $10,000.
522 If it is a domestic entity, it may be ordered dissolved by a
523 court of competent jurisdiction. If it is a foreign or
524 nonresident business entity, its right to do business in this
525 state may be forfeited. Any officer, partner, agent, attorney,
526 or other representative of a corporation, partnership, or other
527 business entity, or of a political party, political committee,
528 committee of continuous existence, electioneering communications
529 organization, or organization exempt from taxation under s. 527
530 or s. 501(c)(4) of the Internal Revenue Code, who aids, abets,
531 advises, or participates in a violation of any provision
532 punishable under this section commits a misdemeanor of the first
533 degree, punishable as provided in s. 775.082 or s. 775.083.
534 (b) A person who knowingly and willfully makes or accepts
535 more than $500 in contributions or expenditures in violation of
536 this section commits a felony of the third degree, punishable as
537 provided in s. 775.082, s. 775.083, or s. 775.084. If any
538 corporation, partnership, or other business entity is convicted
539 of knowingly and willfully violating this section, it shall be
540 fined not less than $10,000 and not more than $50,000. If it is
541 a domestic entity, it may be ordered dissolved by a court of
542 competent jurisdiction. If it is a foreign or nonresident
543 business entity, its right to do business in this state may be
544 forfeited. Any officer, partner, agent, attorney, or other
545 representative of a corporation, partnership, or other business
546 entity, or of a political committee, committee of continuous
547 existence, political party, electioneering communications
548 organization, or organization exempt from taxation under s. 527
549 or s. 501(c)(4) of the Internal Revenue Code, who aids, abets,
550 advises, or participates in a violation of any provision
551 punishable under this section commits a felony of the third
552 degree, punishable as provided in s. 775.082, s. 775.083, or s.
553 775.084.
554 (c) For purposes of this section, the amount of a
555 contribution or expenditure is the total amount of contributions
556 to or expenditures:
557 1. On behalf of a candidate for election or retention in
558 office; or
559 2. For the benefit of an entity during the period beginning
560 the day after the date of a general election until the day of
561 the following general election.
562 Section 6. Section 106.147, Florida Statutes, is amended to
563 read:
564 106.147 Telephone solicitation; disclosure requirements;
565 prohibitions; exemptions; penalties.—
566 (1)(a) Any electioneering communication telephone call or
567 any telephone call supporting or opposing a candidate, elected
568 public official, or ballot proposal must identify the persons or
569 organizations sponsoring the call by stating either: “paid for
570 by ....” (insert name of persons or organizations sponsoring the
571 call) or “paid for on behalf of ....” (insert name of persons or
572 organizations authorizing call). This paragraph does not apply
573 to any telephone call in which both the individual making the
574 call is not being paid and the individuals participating in the
575 call know each other prior to the call.
576 (b) Any telephone call conducted for the purpose of polling
577 respondents concerning a candidate or elected public official
578 which is a part of a series of like telephone calls that
579 consists of fewer than 1,000 completed calls and averages more
580 than 2 minutes in duration is presumed to be a political poll
581 and not subject to the provisions of paragraph (a).
582 (c) No telephone call shall state or imply that the caller
583 represents any person or organization unless the person or
584 organization so represented has given specific approval in
585 writing to make such representation.
586 (d) No telephone call shall state or imply that the caller
587 represents a nonexistent person or organization.
588 (e) Any electioneering communication paid for with public
589 funds must include a disclaimer containing the words “paid for
590 by ...(Name of the government entity paying for the
591 communication)....”
592 (2) Any telephone call, not conducted by independent
593 expenditure, which expressly advocates for or against a
594 candidate or ballot proposal requires prior written
595 authorization by the candidate or sponsor of the ballot proposal
596 that the call supports. A copy of such written authorization
597 must be placed on file with the qualifying officer by the
598 candidate or sponsor of the ballot proposal prior to the time
599 the calls commence.
600 (3)(a) Any person who willfully violates any provision of
601 this section commits a misdemeanor of the first degree,
602 punishable as provided in s. 775.082 or s. 775.083.
603 (b) For purposes of paragraph (a), the term “person” means
604 includes any candidate; any officer of any political committee,
605 committee of continuous existence, or political party executive
606 committee; any officer, partner, attorney, or other
607 representative of a corporation, partnership, or other business
608 entity; and any agent or other person acting on behalf of any
609 candidate, political committee, committee of continuous
610 existence, or political party executive committee, or
611 corporation, partnership, or other business entity.
612 Section 7. This act shall take effect July 1, 2010.