Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7220
FOR CONSIDERATION By the Committee on Rules Subcommittee on
Ethics and Elections
582-02319B-11 20117220__
1 A bill to be entitled
2 An act relating to elections; amending s. 101.161,
3 F.S.; specifying a time period to initiate an action
4 to challenge an amendment to the State Constitution
5 proposed by the Legislature; requiring the court,
6 including an appellate court, to accord the case
7 priority over other cases; requiring the Attorney
8 General to revise a ballot title or ballot summary for
9 an amendment proposed by the Legislature under certain
10 circumstances; requiring the Department of State to
11 furnish a designating number and the revised ballot
12 title and substance to the supervisors of elections;
13 providing that a defect in a ballot title or ballot
14 summary in an amendment proposed by the Legislature is
15 not grounds to remove the amendment from the ballot;
16 amending s. 106.011, F.S.; revising the definition of
17 the term “independent expenditure”; amending s.
18 106.022, F.S.; requiring a political committee,
19 committee of continuous existence, or electioneering
20 communications organization to file a statement of
21 appointment with the filing officer rather than with
22 the Division of Elections; authorizing an entity to
23 change its appointment of registered agent or
24 registered office by filing a written statement with
25 the filing officer; requiring a registered agent who
26 resigns to execute a written statement of resignation
27 and file it with the filing officer; amending s.
28 106.023, F.S.; revising the form of the statement of
29 candidate to require a candidate to acknowledge that
30 he or she has been provided access to and understands
31 the requirements of ch. 106, F.S.; amending s. 106.04,
32 F.S.; requiring a committee of continuous existence
33 that makes a contribution or expenditure in connection
34 with certain county or municipal elections to file
35 specified reports; subjecting a committee of
36 continuous existence that fails to file a report or to
37 timely file a report with the Division of Elections or
38 a county or municipal filing officer to a fine;
39 requiring a committee of continuous existence to
40 include transaction information from credit card
41 purchases in a report filed with the Division of
42 Elections; requiring a committee of continuous
43 existence to report changes in information previously
44 reported to the Division of Elections within 10 days
45 after the change; requiring the Division of Elections
46 to revoke the certification of a committee of
47 continuous existence that fails to file or report
48 certain information; requiring the division to adopt
49 rules to prescribe the manner in which the
50 certification is revoked; increasing the amount of a
51 fine to be levied on a committee of continuous
52 existence that fails to timely file certain reports;
53 providing for the deposit of the proceeds of the
54 fines; including the registered agent of a committee
55 of continuous existence as a person whom the filing
56 officer may notify that a report has not been filed;
57 providing criteria for deeming delivery complete of a
58 notice of fine; requiring a committee of continuous
59 existence that appeals a fine to file a copy of the
60 appeal with the filing officer; defining the term
61 “repeated late filing”; requiring the Elections
62 Commission to treat the late filings addressed in a
63 single notice of repeated late filings as a single
64 violation; amending s. 106.07, F.S.; creating an
65 exception for reports due in the third calendar
66 quarter immediately preceding a general election from
67 a requirement that the campaign treasurer report
68 contributions received and expenditures made on the
69 10th day following the end of each calendar quarter;
70 revising reporting requirements for a statewide
71 candidate who receives funding under the Florida
72 Election Campaign Financing Act and candidates in a
73 race with a candidate who has requested funding under
74 that act; deleting a requirement for a committee of
75 continuous existence to file a campaign treasurer’s
76 report relating to contributions or expenditures to
77 influence the results of a special election; revising
78 the methods by which a campaign treasurer may be
79 notified of the determination that a report is
80 incomplete to include certified mail and other methods
81 using a common carrier that provides proof of delivery
82 of the notice; extending the time the campaign
83 treasurer has to file an addendum to the report after
84 receipt of notice of why the report is incomplete;
85 providing criteria for deeming delivery complete of a
86 notice of incomplete report; deleting a provision
87 allowing for notification by telephone of an
88 incomplete report; requiring political committees that
89 make a contribution or expenditure in connection with
90 certain county or municipal elections to file campaign
91 finance reports with the county or municipal filing
92 officer and to include its contributions and
93 expenditures in a report to the Division of Elections;
94 revising the information that must be included in a
95 report to include transaction information for credit
96 card purchases; deleting a requirement for a campaign
97 depository to return checks drawn on the account to
98 the campaign treasurer; deleting a provision providing
99 that the failure to file a copy of a report is not
100 subject to a separate fine; specifying the amount of a
101 fine for the failure to timely file reports after a
102 special primary election or special election;
103 specifying that the registered agent of a political
104 committee is a person whom a filing officer may notify
105 of the amount of the fine for filing a late report;
106 providing criteria for deeming delivery complete of a
107 notice of late report and resulting fine; defining the
108 term “repeated late filing”; requiring the Elections
109 Commission to treat the late filings addressed in a
110 single notice of repeated late filings as a single
111 violation; amending s. 106.0703, F.S.; defining the
112 term “repeated late filing”; requiring the Elections
113 Commission to treat the late filings addressed in a
114 single notice of repeated late filings as a single
115 violation; amending s. 106.0705, F.S.; requiring
116 certain individuals to electronically file certain
117 reports with the Division of Elections; conforming a
118 cross-reference to changes made by the act; deleting
119 an obsolete provision; amending s. 106.08, F.S.;
120 deleting a requirement for the Department of State to
121 notify candidates as to whether an independent or
122 minor party candidate has obtained the required number
123 of petition signatures; deleting a requirement for
124 certain unopposed candidates to return contributions;
125 specifying the entities with which a political party’s
126 state executive committee and county executive
127 committees must file a written acceptance of an in
128 kind contribution; amending s. 106.09, F.S.;
129 specifying that the limitations on contributions by
130 cash or cashier’s check apply to the aggregate amount
131 of contributions to a candidate or committee per
132 election; amending s. 106.11, F.S.; revising the
133 statement that must be contained on checks from a
134 campaign account; deleting requirements relating to
135 the use of debit cards; authorizing a campaign for a
136 candidate to reimburse the candidate’s loan to the
137 campaign when the campaign account has sufficient
138 funds; amending s. 106.141, F.S.; requiring candidates
139 receiving public financing to return all surplus funds
140 to the General Revenue Fund after paying certain
141 monetary obligations and expenses; amending s.
142 106.143, F.S.; specifying disclosure statements that
143 must be included in political advertisements paid for
144 by a write-in candidate; prohibiting the inclusion of
145 a person’s political affiliation in advertisements for
146 a nonpartisan office; clarifying the type of political
147 advertisements that must be approved in advance by a
148 candidate; deleting an exemption from the requirement
149 to obtain a candidate’s approval for messages designed
150 to be worn; amending s. 106.18, F.S.; deleting a
151 provision providing that a candidate will not be
152 prevented from receiving a certificate of election for
153 failing to file a report; amending s. 106.19, F.S.;
154 providing that a candidate’s failure to comply with
155 ch. 106, F.S., has no effect on whether the candidate
156 has qualified for office; amending s. 106.29, F.S.;
157 requiring state and county executive committees that
158 make contributions or expenditures to influence the
159 results of a special election or special primary
160 election to file campaign treasurer’s reports;
161 amending campaign finance reporting dates, to conform;
162 deleting a requirement that each state executive
163 committee file the original and one copy of its
164 reports with the Division of Elections; deleting a
165 provision prohibiting the assessment of a separate
166 fine for failing to file a copy of a report, to
167 conform; revising the due date for filing a report;
168 providing criteria for deeming delivery complete of a
169 notice of fine; defining the term “repeated late
170 filing”; requiring the Elections Commission to treat
171 the late filings addressed in a single notice of
172 repeated late filings as a single violation; amending
173 s. 106.35, F.S.; deleting a requirement that the
174 Division of Election adopt rules relating to the
175 format and filing of certain printed campaign
176 treasurer’s reports; providing an effective date.
177
178 Be It Enacted by the Legislature of the State of Florida:
179
180 Section 1. Subsection (2) of section 101.161, Florida
181 Statutes, is amended to read:
182 101.161 Referenda; ballots.—
183 (2)(a) The substance and ballot title of a constitutional
184 amendment proposed by initiative shall be prepared by the
185 sponsor and approved by the Secretary of State in accordance
186 with rules adopted pursuant to s. 120.54. The Department of
187 State shall give each proposed constitutional amendment a
188 designating number for convenient reference. This number
189 designation shall appear on the ballot. Designating numbers
190 shall be assigned in the order of filing or certification and in
191 accordance with rules adopted by the Department of State. The
192 Department of State shall furnish the designating number, the
193 ballot title, and the substance of each amendment to the
194 supervisor of elections of each county in which such amendment
195 is to be voted on.
196 (b) Any action for a judicial determination that the ballot
197 title or substance embodied in a joint resolution is inaccurate,
198 misleading, or otherwise defective must be commenced within 30
199 days after the joint resolution is filed with the Secretary of
200 State or at least 150 days before the election at which the
201 amendment will appear on the ballot, whichever occurs later. The
202 court, including any appellate court, shall accord the case
203 priority over other pending cases and render a decision as
204 expeditiously as possible. If the court determines that the
205 ballot title or substance embodied in the joint resolution is
206 defective and further appeals are declined, abandoned, or
207 exhausted, the Attorney General shall promptly prepare a revised
208 ballot title and substance that correct the deficiencies
209 identified by the court, and the Department of State shall
210 furnish a designating number and the revised ballot title and
211 substance to the supervisors of elections for placement on the
212 ballot. A defect in the ballot title or substance embodied in
213 the joint resolution is not grounds to remove the proposed
214 amendment from the ballot.
215 Section 2. Paragraph (b) of subsection (5) of section
216 106.011, Florida Statutes, is amended to read:
217 106.011 Definitions.—As used in this chapter, the following
218 terms have the following meanings unless the context clearly
219 indicates otherwise:
220 (5)
221 (b) An expenditure for the purpose of expressly advocating
222 the election or defeat of a candidate which is made by the
223 national, state, or county executive committee of a political
224 party, including any subordinate committee of a national, state,
225 or county committee of a political party, or by any political
226 committee or committee of continuous existence, or any other
227 person, shall not be considered an independent expenditure if
228 the committee or person:
229 1. Communicates with the candidate, the candidate’s
230 campaign, or an agent of the candidate acting on behalf of the
231 candidate, including any pollster, media consultant, advertising
232 agency, vendor, advisor, or staff member, concerning the
233 preparation of, use of, or payment for, the specific expenditure
234 or advertising campaign at issue; or
235 2. Makes a payment in cooperation, consultation, or concert
236 with, at the request or suggestion of, or pursuant to any
237 general or particular understanding with the candidate, the
238 candidate’s campaign, a political committee supporting the
239 candidate, or an agent of the candidate relating to the specific
240 expenditure or advertising campaign at issue; or
241 3. Makes a payment for the dissemination, distribution, or
242 republication, in whole or in part, of any broadcast or any
243 written, graphic, or other form of campaign material prepared by
244 the candidate, the candidate’s campaign, or an agent of the
245 candidate, including any pollster, media consultant, advertising
246 agency, vendor, advisor, or staff member; or
247 4. Makes a payment based on information about the
248 candidate’s plans, projects, or needs communicated to a member
249 of the committee or person by the candidate or an agent of the
250 candidate, provided the committee or person uses the information
251 in any way, in whole or in part, either directly or indirectly,
252 to design, prepare, or pay for the specific expenditure or
253 advertising campaign at issue; or
254 5. After the last day of the qualifying period prescribed
255 for the candidate for statewide or legislative office, consults
256 about the candidate’s plans, projects, or needs in connection
257 with the candidate’s pursuit of election to office and the
258 information is used in any way to plan, create, design, or
259 prepare an independent expenditure or advertising campaign,
260 with:
261 a. Any officer, director, employee, or agent of a national,
262 state, or county executive committee of a political party that
263 has made or intends to make expenditures in connection with or
264 contributions to the candidate; or
265 b. Any person whose professional services have been
266 retained by a national, state, or county executive committee of
267 a political party that has made or intends to make expenditures
268 in connection with or contributions to the candidate; or
269 6. After the last day of the qualifying period prescribed
270 for the candidate for statewide or legislative office, retains
271 the professional services of any person also providing those
272 services to the candidate in connection with the candidate’s
273 pursuit of election to office; or
274 7. Arranges, coordinates, or directs the expenditure, in
275 any way, with the candidate or an agent of the candidate.
276 Section 3. Section 106.022, Florida Statutes, is amended to
277 read:
278 106.022 Appointment of a registered agent; duties.—
279 (1) Each political committee, committee of continuous
280 existence, or electioneering communications organization shall
281 have and continuously maintain in this state a registered office
282 and a registered agent and must file with the filing officer
283 division a statement of appointment for the registered office
284 and registered agent. The statement of appointment must:
285 (a) Provide the name of the registered agent and the street
286 address and phone number for the registered office;
287 (b) Identify the entity for whom the registered agent
288 serves;
289 (c) Designate the address the registered agent wishes to
290 use to receive mail;
291 (d) Include the entity’s undertaking to inform the filing
292 officer division of any change in such designated address;
293 (e) Provide for the registered agent’s acceptance of the
294 appointment, which must confirm that the registered agent is
295 familiar with and accepts the obligations of the position as set
296 forth in this section; and
297 (f) Contain the signature of the registered agent and the
298 entity engaging the registered agent.
299 (2) An entity may change its appointment of registered
300 agent and registered office under this section by executing a
301 written statement of change and filing it with the filing
302 officer. The statement must satisfy that identifies the former
303 registered agent and registered address and also satisfies all
304 of the requirements of subsection (1).
305 (3) A registered agent may resign his or her appointment as
306 registered agent by executing a written statement of resignation
307 and filing it with the filing officer division. An entity
308 without a registered agent may not make expenditures or accept
309 contributions until it files a written statement of change as
310 required in subsection (2).
311 Section 4. Subsection (1) of section 106.023, Florida
312 Statutes, is amended to read:
313 106.023 Statement of candidate.—
314 (1) Each candidate must file a statement with the
315 qualifying officer within 10 days after filing the appointment
316 of campaign treasurer and designation of campaign depository,
317 stating that the candidate has read and understands the
318 requirements of this chapter. Such statement shall be provided
319 by the filing officer and shall be in substantially the
320 following form:
321
322 STATEMENT OF CANDIDATE
323
324 I, ...., candidate for the office of ...., have been
325 provided access to received, read, and understand the
326 requirements of Chapter 106, Florida Statutes.
327
328 ...(Signature of candidate)... ...(Date)...
329
330 Willful failure to file this form is a violation of ss.
331 106.19(1)(c) and 106.25(3), F.S.
332 Section 5. Subsection (4) of section 106.04, Florida
333 Statutes, is amended, present subsections (7) and (8) of that
334 section are amended and renumbered as subsections (8) and (9),
335 respectively, and a new subsection (7) is added to that section,
336 to read:
337 106.04 Committees of continuous existence.—
338 (4)(a) Each committee of continuous existence shall file an
339 annual report with the Division of Elections during the month of
340 January. Such annual reports shall contain the same information
341 and shall be accompanied by the same materials as original
342 applications filed pursuant to subsection (2). However, the
343 charter or bylaws need not be filed if the annual report is
344 accompanied by a sworn statement by the chair that no changes
345 have been made to such charter or bylaws since the last filing.
346 (b)1. Each committee of continuous existence shall file
347 regular reports with the Division of Elections at the same times
348 and subject to the same filing conditions as are established by
349 s. 106.07(1) and (2) for candidates’ reports.
350 2. A committee of continuous existence that makes a
351 contribution or an expenditure in connection with a county or
352 municipal election that is not being held at the same time as a
353 state or federal election must also file campaign finance
354 reports with the county or municipal filing officer on the same
355 dates as county or municipal candidates or committees for that
356 election. The committee of continuous existence must also
357 include the contribution or expenditure in the next report filed
358 with the Division of Elections pursuant to this section
359 following the county or municipal election.
360 3.2. Any committee of continuous existence failing to so
361 file a report with the Division of Elections or applicable
362 filing officer pursuant to this paragraph on the designated due
363 date shall be subject to a fine for late filing as provided by
364 this section.
365 (c) All committees of continuous existence shall file their
366 reports with the Division of Elections. Reports shall be filed
367 in accordance with s. 106.0705 and shall contain the following
368 information:
369 1. The full name, address, and occupation of each person
370 who has made one or more contributions, including contributions
371 that represent the payment of membership dues, to the committee
372 during the reporting period, together with the amounts and dates
373 of such contributions. For corporations, the report must provide
374 as clear a description as practicable of the principal type of
375 business conducted by the corporation. However, if the
376 contribution is $100 or less, the occupation of the contributor
377 or principal type of business need not be listed. However, for
378 any contributions that represent the payment of dues by members
379 in a fixed amount aggregating no more than $250 per calendar
380 year, pursuant to the schedule on file with the Division of
381 Elections, only the aggregate amount of such contributions need
382 be listed, together with the number of members paying such dues
383 and the amount of the membership dues.
384 2. The name and address of each political committee or
385 committee of continuous existence from which the reporting
386 committee received, or the name and address of each political
387 committee, committee of continuous existence, or political party
388 to which it made, any transfer of funds, together with the
389 amounts and dates of all transfers.
390 3. Any other receipt of funds not listed pursuant to
391 subparagraph 1. or subparagraph 2., including the sources and
392 amounts of all such funds.
393 4. The name and address of, and office sought by, each
394 candidate to whom the committee has made a contribution during
395 the reporting period, together with the amount and date of each
396 contribution.
397 5. The full name and address of each person to whom
398 expenditures have been made by or on behalf of the committee
399 within the reporting period; the amount, date, and purpose of
400 each such expenditure; and the name and address, and office
401 sought by, each candidate on whose behalf such expenditure was
402 made.
403 6. The full name and address of each person to whom an
404 expenditure for personal services, salary, or reimbursement for
405 authorized expenses has been made, including the full name and
406 address of each entity to whom the person made payment for which
407 reimbursement was made by check drawn upon the committee
408 account, together with the amount and purpose of such payment.
409 7. Transaction information from each credit card purchase
410 statement that will be included in the next report following
411 receipt thereof by the committee. Receipts for each credit card
412 purchase shall be retained by the treasurer with the records for
413 the committee account.
414 8. The total sum of expenditures made by the committee
415 during the reporting period.
416 (d) The treasurer of each committee shall certify as to the
417 correctness of each report and shall bear the responsibility for
418 its accuracy and veracity. Any treasurer who willfully certifies
419 to the correctness of a report while knowing that such report is
420 incorrect, false, or incomplete commits a misdemeanor of the
421 first degree, punishable as provided in s. 775.082 or s.
422 775.083.
423 (7) Any change in information previously submitted to the
424 division shall be reported within 10 days following the change.
425 (8)(7) If a committee of continuous existence ceases to
426 meet the criteria prescribed by subsection (1) or fails to file
427 a report or information required pursuant to this chapter, the
428 Division of Elections shall revoke its certification until such
429 time as the criteria are again met. The Division of Elections
430 shall adopt promulgate rules to prescribe the manner in which
431 the such certification of a committee of continuous existence
432 shall be revoked. Such rules shall, at a minimum, provide for:
433 (a) Notice, which must shall contain the facts and conduct
434 that warrant the intended action.
435 (b) Adequate opportunity to respond.
436 (c) Appeal of the decision to the Florida Elections
437 Commission. Such appeals are shall be exempt from the
438 confidentiality provisions of s. 106.25.
439 (9)(8)(a) Any committee of continuous existence failing to
440 file a report on the designated due date is shall be subject to
441 a fine. The fine shall be $50 per day for the first 3 days late
442 and, thereafter, $500 per day for each late day, not to exceed
443 25 percent of the total receipts or expenditures, whichever is
444 greater, for the period covered by the late report. However, for
445 the reports immediately preceding each primary and general
446 election, including a special primary election and a special
447 general election, the fine shall be $500 per day for each late
448 day, not to exceed 25 percent of the total receipts or
449 expenditures, whichever is greater, for the period covered by
450 the late report. The fine shall be assessed by the filing
451 officer, and the moneys collected shall be deposited into:
452 1. In The General Revenue Fund, in the case of fines
453 collected by the Division of Elections.
454 2. The general revenue fund of the political subdivision,
455 in the case of fines collected by a county or municipal filing
456 officer. No separate fine shall be assessed for failure to file
457 a copy of any report required by this section.
458 (b) Upon determining that a report is late, the filing
459 officer shall immediately notify the treasurer of the committee
460 or the committee’s registered agent as to the failure to file a
461 report by the designated due date and that a fine is being
462 assessed for each late day. Upon receipt of the report, the
463 filing officer shall determine the amount of fine which is due
464 and shall notify the treasurer of the committee. Notice is
465 deemed complete upon proof of delivery of written notice to the
466 mailing or street address on record with the filing officer. The
467 filing officer shall determine the amount of the fine due based
468 upon the earliest of the following:
469 1. When the report is actually received by such officer.
470 2. When the report is postmarked.
471 3. When the certificate of mailing is dated.
472 4. When the receipt from an established courier company is
473 dated.
474
475 Such fine shall be paid to the filing officer within 20 days
476 after receipt of the notice of payment due, unless appeal is
477 made to the Florida Elections Commission pursuant to paragraph
478 (c). An officer or member of a committee is shall not be
479 personally liable for such fine.
480 (c) Any treasurer of a committee may appeal or dispute the
481 fine, based upon unusual circumstances surrounding the failure
482 to file on the designated due date, and may request and is shall
483 be entitled to a hearing before the Florida Elections
484 Commission, which may shall have the authority to waive the fine
485 in whole or in part. Any such request must shall be made within
486 20 days after receipt of the notice of payment due. In such
487 case, the treasurer of The committee shall file a copy of the
488 appeal with, within the 20-day period, notify the filing officer
489 in writing of his or her intention to bring the matter before
490 the commission.
491 (d) The filing officer shall notify the Florida Elections
492 Commission of the repeated late filing by a committee of
493 continuous existence, the failure of a committee of continuous
494 existence to file a report after notice, or the failure to pay
495 the fine imposed. As used in this paragraph, the term “repeated
496 late filing” means at least three late filings occurring within
497 any 2-year period. The commission shall treat notification of
498 each repeated late filing as a separate violation of this
499 section.
500 Section 6. Section 106.07, Florida Statutes, is amended to
501 read:
502 106.07 Reports; certification and filing.—
503 (1) Each campaign treasurer designated by a candidate or
504 political committee pursuant to s. 106.021 shall file regular
505 reports of all contributions received, and all expenditures
506 made, by or on behalf of such candidate or political committee.
507 Except for the third calendar quarter immediately preceding a
508 general election, reports shall be filed on the 10th day
509 following the end of each calendar quarter from the time the
510 campaign treasurer is appointed, except that, if the 10th day
511 following the end of a calendar quarter occurs on a Saturday,
512 Sunday, or legal holiday, the report shall be filed on the next
513 following day which is not a Saturday, Sunday, or legal holiday.
514 Quarterly reports shall include all contributions received and
515 expenditures made during the calendar quarter which have not
516 otherwise been reported pursuant to this section.
517 (a) Except as provided in paragraph (b), following the last
518 day of qualifying for office, the reports shall also be filed on
519 the 32nd, 18th, and 4th days immediately preceding the primary
520 and on the 46th, 32nd, 18th, and 4th days immediately preceding
521 the election, for a candidate who is opposed in seeking
522 nomination or election to any office, for a political committee,
523 or for a committee of continuous existence.
524 (b) Following the last day of qualifying for office, Any
525 statewide candidate who has requested to receive contributions
526 pursuant to from the Florida Election Campaign Financing Act
527 Trust Fund or any statewide candidate in a race with a candidate
528 who has requested to receive contributions pursuant to from the
529 act trust fund shall also file reports on the 4th, 11th, 18th,
530 25th, and 32nd days prior to the primary election, and on the
531 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
532 the general election.
533 (c) Following the last day of qualifying for office, any
534 unopposed candidate need only file a report within 90 days after
535 the date such candidate became unopposed. Such report shall
536 contain all previously unreported contributions and expenditures
537 as required by this section and shall reflect disposition of
538 funds as required by s. 106.141.
539 (d)1. When a special election is called to fill a vacancy
540 in office, all political committees and committees of continuous
541 existence making contributions or expenditures to influence the
542 results of such special election or the preceding special
543 primary election shall file campaign treasurers’ reports with
544 the filing officer on the dates set by the Department of State
545 pursuant to s. 100.111.
546 2. When an election is called for an issue to appear on the
547 ballot at a time when no candidates are scheduled to appear on
548 the ballot, all political committees making contributions or
549 expenditures in support of or in opposition to such issue shall
550 file reports on the 18th and 4th days prior to such election.
551 (e) The filing officer shall provide each candidate with a
552 schedule designating the beginning and end of reporting periods
553 as well as the corresponding designated due dates.
554 (2)(a)1. All reports required of a candidate by this
555 section shall be filed with the officer before whom the
556 candidate is required by law to qualify. All candidates who file
557 with the Department of State shall file their reports pursuant
558 to s. 106.0705. Except as provided in s. 106.0705, reports shall
559 be filed not later than 5 p.m. of the day designated; however,
560 any report postmarked by the United States Postal Service no
561 later than midnight of the day designated shall be deemed to
562 have been filed in a timely manner. Any report received by the
563 filing officer within 5 days after the designated due date that
564 was delivered by the United States Postal Service shall be
565 deemed timely filed unless it has a postmark that indicates that
566 the report was mailed after the designated due date. A
567 certificate of mailing obtained from and dated by the United
568 States Postal Service at the time of mailing, or a receipt from
569 an established courier company, which bears a date on or before
570 the date on which the report is due, shall be proof of mailing
571 in a timely manner. Reports shall contain information of all
572 previously unreported contributions received and expenditures
573 made as of the preceding Friday, except that the report filed on
574 the Friday immediately preceding the election shall contain
575 information of all previously unreported contributions received
576 and expenditures made as of the day preceding that designated
577 due date. All such reports shall be open to public inspection.
578 2. This subsection does not prohibit the governing body of
579 a political subdivision, by ordinance or resolution, from
580 imposing upon its own officers and candidates electronic filing
581 requirements not in conflict with s. 106.0705. Expenditure of
582 public funds for such purpose is deemed to be for a valid public
583 purpose.
584 (b)1. Any report that which is deemed to be incomplete by
585 the officer with whom the candidate qualifies shall be accepted
586 on a conditional basis., and The campaign treasurer shall be
587 notified by certified registered mail or by another method using
588 a common carrier that provides a proof of delivery of the notice
589 as to why the report is incomplete and within 7 be given 3 days
590 after from receipt of such notice must to file an addendum to
591 the report providing all information necessary to complete the
592 report in compliance with this section. Failure to file a
593 complete report after such notice constitutes a violation of
594 this chapter.
595 2. Notice is deemed complete upon proof of delivery of a
596 written notice to the mailing or street address of the campaign
597 treasurer or registered agent of record with the filing officer.
598 In lieu of the notice by registered mail as required in
599 subparagraph 1., the qualifying officer may notify the campaign
600 treasurer by telephone that the report is incomplete and request
601 the information necessary to complete the report. If, however,
602 such information is not received by the qualifying officer
603 within 3 days after the telephone request therefor, notice shall
604 be sent by registered mail as provided in subparagraph 1.
605 (3)(a) Reports required of a political committee shall be
606 filed with the agency or officer before whom such committee
607 registers pursuant to s. 106.03(3) and shall be subject to the
608 same filing conditions as established for candidates’ reports.
609 Incomplete reports by political committees shall be treated in
610 the manner provided for incomplete reports by candidates in
611 subsection (2).
612 (b) In addition to the reports required by paragraph (a), a
613 political committee that is registered with the Department of
614 State and that makes a contribution or expenditure in connection
615 with a county or municipal election that is not being held at
616 the same time as a state or federal election must file campaign
617 finance reports with the county or municipal filing officer on
618 the same dates as county or municipal candidates or committees
619 for that election. The political committee must also include
620 such contribution or expenditure in the next report filed with
621 the Division of Elections pursuant to this section following the
622 county or municipal election.
623 (4)(a) Each report required by this section must shall
624 contain:
625 1. The full name, address, and occupation, if any of each
626 person who has made one or more contributions to or for such
627 committee or candidate within the reporting period, together
628 with the amount and date of such contributions. For
629 corporations, the report must provide as clear a description as
630 practicable of the principal type of business conducted by the
631 corporation. However, if the contribution is $100 or less or is
632 from a relative, as defined in s. 112.312, provided that the
633 relationship is reported, the occupation of the contributor or
634 the principal type of business need not be listed.
635 2. The name and address of each political committee from
636 which the reporting committee or the candidate received, or to
637 which the reporting committee or candidate made, any transfer of
638 funds, together with the amounts and dates of all transfers.
639 3. Each loan for campaign purposes to or from any person or
640 political committee within the reporting period, together with
641 the full names, addresses, and occupations, and principal places
642 of business, if any, of the lender and endorsers, if any, and
643 the date and amount of such loans.
644 4. A statement of each contribution, rebate, refund, or
645 other receipt not otherwise listed under subparagraphs 1.
646 through 3.
647 5. The total sums of all loans, in-kind contributions, and
648 other receipts by or for such committee or candidate during the
649 reporting period. The reporting forms shall be designed to
650 elicit separate totals for in-kind contributions, loans, and
651 other receipts.
652 6. The full name and address of each person to whom
653 expenditures have been made by or on behalf of the committee or
654 candidate within the reporting period; the amount, date, and
655 purpose of each such expenditure; and the name and address of,
656 and office sought by, each candidate on whose behalf such
657 expenditure was made. However, expenditures made from the petty
658 cash fund provided by s. 106.12 need not be reported
659 individually.
660 7. The full name and address of each person to whom an
661 expenditure for personal services, salary, or reimbursement for
662 authorized expenses as provided in s. 106.021(3) has been made
663 and which is not otherwise reported, including the amount, date,
664 and purpose of such expenditure. However, expenditures made from
665 the petty cash fund provided for in s. 106.12 need not be
666 reported individually.
667 8. The total amount withdrawn and the total amount spent
668 for petty cash purposes pursuant to this chapter during the
669 reporting period.
670 9. The total sum of expenditures made by such committee or
671 candidate during the reporting period.
672 10. The amount and nature of debts and obligations owed by
673 or to the committee or candidate, which relate to the conduct of
674 any political campaign.
675 11. Transaction information for each credit card purchase.
676 A copy of each credit card statement which shall be included in
677 the next report following receipt thereof by the candidate or
678 political committee. Receipts for each credit card purchase
679 shall be retained by the treasurer with the records for the
680 campaign account.
681 12. The amount and nature of any separate interest-bearing
682 accounts or certificates of deposit and identification of the
683 financial institution in which such accounts or certificates of
684 deposit are located.
685 13. The primary purposes of an expenditure made indirectly
686 through a campaign treasurer pursuant to s. 106.021(3) for goods
687 and services such as communications media placement or
688 procurement services, campaign signs, insurance, and other
689 expenditures that include multiple components as part of the
690 expenditure. The primary purpose of an expenditure shall be that
691 purpose, including integral and directly related components,
692 that comprises 80 percent of such expenditure.
693 (b) The filing officer shall make available to any
694 candidate or committee a reporting form which the candidate or
695 committee may use to indicate contributions received by the
696 candidate or committee but returned to the contributor before
697 deposit.
698 (5) The candidate and his or her campaign treasurer, in the
699 case of a candidate, or the political committee chair and
700 campaign treasurer of the committee, in the case of a political
701 committee, shall certify as to the correctness of each report;
702 and each person so certifying shall bear the responsibility for
703 the accuracy and veracity of each report. Any campaign
704 treasurer, candidate, or political committee chair who willfully
705 certifies the correctness of any report while knowing that such
706 report is incorrect, false, or incomplete commits a misdemeanor
707 of the first degree, punishable as provided in s. 775.082 or s.
708 775.083.
709 (6) The campaign depository shall return all checks drawn
710 on the account to the campaign treasurer who shall retain the
711 records pursuant to s. 106.06. The records maintained by the
712 campaign depository with respect to any campaign account
713 regulated by this chapter are such account shall be subject to
714 inspection by an agent of the Division of Elections or the
715 Florida Elections Commission at any time during normal banking
716 hours, and such depository shall furnish certified copies of any
717 of such records to the Division of Elections or Florida
718 Elections Commission upon request.
719 (7) Notwithstanding any other provisions of this chapter,
720 in any reporting period during which a candidate, political
721 committee, or committee of continuous existence has not received
722 funds, made any contributions, or expended any reportable funds,
723 the filing of the required report for that period is waived.
724 However, the next report filed must specify that the report
725 covers the entire period between the last submitted report and
726 the report being filed, and any candidate, political committee,
727 or committee of continuous existence not reporting by virtue of
728 this subsection on dates prescribed elsewhere in this chapter
729 shall notify the filing officer in writing on the prescribed
730 reporting date that no report is being filed on that date.
731 (8)(a) Any candidate or political committee failing to file
732 a report on the designated due date is shall be subject to a
733 fine as provided in paragraph (b) for each late day, and, in the
734 case of a candidate, such fine shall be paid only from personal
735 funds of the candidate. The fine shall be assessed by the filing
736 officer and the moneys collected shall be deposited:
737 1. In the General Revenue Fund, in the case of a candidate
738 for state office or a political committee that registers with
739 the Division of Elections; or
740 2. In the general revenue fund of the political
741 subdivision, in the case of a candidate for an office of a
742 political subdivision or a political committee that registers
743 with an officer of a political subdivision.
744
745 No separate fine shall be assessed for failure to file a copy of
746 any report required by this section.
747 (b) Upon determining that a report is late, the filing
748 officer shall immediately notify the candidate or chair of the
749 political committee as to the failure to file a report by the
750 designated due date and that a fine is being assessed for each
751 late day. The fine shall be $50 per day for the first 3 days
752 late and, thereafter, $500 per day for each late day, not to
753 exceed 25 percent of the total receipts or expenditures,
754 whichever is greater, for the period covered by the late report.
755 However, for the reports immediately preceding each special
756 primary election, special election, primary election, and
757 general election, the fine shall be $500 per day for each late
758 day, not to exceed 25 percent of the total receipts or
759 expenditures, whichever is greater, for the period covered by
760 the late report. For reports required under s. 106.141(7), the
761 fine is $50 per day for each late day, not to exceed 25 percent
762 of the total receipts or expenditures, whichever is greater, for
763 the period covered by the late report. Upon receipt of the
764 report, the filing officer shall determine the amount of the
765 fine which is due and shall notify the candidate or chair or
766 registered agent of the political committee. The filing officer
767 shall determine the amount of the fine due based upon the
768 earliest of the following:
769 1. When the report is actually received by such officer.
770 2. When the report is postmarked.
771 3. When the certificate of mailing is dated.
772 4. When the receipt from an established courier company is
773 dated.
774 5. When the electronic receipt issued pursuant to s.
775 106.0705 or other electronic filing system authorized in this
776 section is dated.
777
778 Such fine shall be paid to the filing officer within 20 days
779 after receipt of the notice of payment due, unless appeal is
780 made to the Florida Elections Commission pursuant to paragraph
781 (c). Notice is deemed complete upon proof of delivery of written
782 notice to the mailing or street address of record with the
783 filing officer. In the case of a candidate, such fine shall not
784 be an allowable campaign expenditure and shall be paid only from
785 personal funds of the candidate. An officer or member of a
786 political committee shall not be personally liable for such
787 fine.
788 (c) Any candidate or chair of a political committee may
789 appeal or dispute the fine, based upon, but not limited to,
790 unusual circumstances surrounding the failure to file on the
791 designated due date, and may request and shall be entitled to a
792 hearing before the Florida Elections Commission, which shall
793 have the authority to waive the fine in whole or in part. The
794 Florida Elections Commission must consider the mitigating and
795 aggravating circumstances contained in s. 106.265(1) when
796 determining the amount of a fine, if any, to be waived. Any such
797 request shall be made within 20 days after receipt of the notice
798 of payment due. In such case, the candidate or chair of the
799 political committee shall, within the 20-day period, notify the
800 filing officer in writing of his or her intention to bring the
801 matter before the commission.
802 (d) The appropriate filing officer shall notify the Florida
803 Elections Commission of the repeated late filing by a candidate
804 or political committee, the failure of a candidate or political
805 committee to file a report after notice, or the failure to pay
806 the fine imposed. The commission shall investigate only those
807 alleged late filing violations specifically identified by the
808 filing officer and as set forth in the notification. Any other
809 alleged violations must be separately stated and reported by the
810 division to the commission under s. 106.25(2). As used in this
811 paragraph, the term “repeated late filing” means at least three
812 late filings occurring within any 2-year period. The commission
813 shall treat notification of each repeated late filing as a
814 separate violation of this section.
815 (9) The Department of State may prescribe by rule the
816 requirements for filing campaign treasurers’ reports as set
817 forth in this chapter.
818 Section 7. Paragraph (d) of subsection (7) of section
819 106.0703, Florida Statutes, is amended to read:
820 106.0703 Electioneering communications organizations;
821 reporting requirements; certification and filing; penalties.—
822 (7)
823 (d) The appropriate filing officer shall notify the Florida
824 Elections Commission of the repeated late filing by an
825 electioneering communications organization, the failure of an
826 electioneering communications organization to file a report
827 after notice, or the failure to pay the fine imposed. The
828 commission shall investigate only those alleged late filing
829 violations specifically identified by the filing officer and as
830 set forth in the notification. Any other alleged violations must
831 be stated separately and reported by the division to the
832 commission under s. 106.25(2). As used in this paragraph, the
833 term “repeated late filing” means at least three late filings
834 occurring within any 2-year period. The commission shall treat
835 notification of each repeated late filing as a separate
836 violation of this section.
837 Section 8. Paragraphs (a) and (c) of subsection (2) and
838 subsections (3) and (7) of section 106.0705, Florida Statutes,
839 are amended to read:
840 106.0705 Electronic filing of campaign treasurer’s
841 reports.—
842 (2)(a) Each individual candidate who is required to file
843 reports with the division pursuant to s. 106.07 or s. 106.141
844 with the division must file such reports with the division by
845 means of the division’s electronic filing system.
846 (c) Each person or organization that is required to file
847 reports with the division under s. 106.071 must file such
848 reports with the division by means of the division’s electronic
849 filing system.
850 (3) Reports filed pursuant to this section shall be
851 completed and filed through the electronic filing system not
852 later than midnight of the day designated. Reports not filed by
853 midnight of the day designated are late filed and are subject to
854 the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
855 106.0703(7), or s. 106.29(3), as applicable.
856 (7) Notwithstanding anything in law to the contrary, any
857 report required to have been filed under this section for the
858 period ended March 31, 2005, shall be deemed to have been timely
859 filed if the report is filed under this section on or before
860 June 1, 2005.
861 Section 9. Subsections (3) and (6) of section 106.08,
862 Florida Statutes, are amended to read:
863 106.08 Contributions; limitations on.—
864 (3)(a) Any contribution received by a candidate with
865 opposition in an election or by the campaign treasurer or a
866 deputy campaign treasurer of such a candidate on the day of that
867 election or less than 5 days prior to the day of that election
868 must be returned by him or her to the person or committee
869 contributing it and may not be used or expended by or on behalf
870 of the candidate.
871 (b) Except as otherwise provided in paragraph (c), any
872 contribution received by a candidate or by the campaign
873 treasurer or a deputy campaign treasurer of a candidate after
874 the date at which the candidate withdraws his or her candidacy,
875 or after the date the candidate is defeated, becomes unopposed,
876 or is elected to office must be returned to the person or
877 committee contributing it and may not be used or expended by or
878 on behalf of the candidate.
879 (c) With respect to any campaign for an office in which an
880 independent or minor party candidate has filed as required in s.
881 99.0955 or s. 99.096, but whose qualification is pending a
882 determination by the Department of State or supervisor of
883 elections as to whether or not the required number of petition
884 signatures was obtained:
885 1. The department or supervisor shall, no later than 3 days
886 after that determination has been made, notify in writing all
887 other candidates for that office of that determination.
888 2. Any contribution received by a candidate or the campaign
889 treasurer or deputy campaign treasurer of a candidate after the
890 candidate has been notified in writing by the department or
891 supervisor that he or she has become unopposed as a result of an
892 independent or minor party candidate failing to obtain the
893 required number of petition signatures shall be returned to the
894 person, political committee, or committee of continuous
895 existence contributing it and shall not be used or expended by
896 or on behalf of the candidate.
897 (6)(a) A political party may not accept any contribution
898 that has been specifically designated for the partial or
899 exclusive use of a particular candidate. Any contribution so
900 designated must be returned to the contributor and may not be
901 used or expended by or on behalf of the candidate.
902 (b)1. A political party may not accept any in-kind
903 contribution that fails to provide a direct benefit to the
904 political party. A “direct benefit” includes, but is not limited
905 to, fundraising or furthering the objectives of the political
906 party.
907 2.a. An in-kind contribution to a state political party may
908 be accepted only by the chairperson of the state political party
909 or by the chairperson’s designee or designees whose names are on
910 file with the division in a form acceptable to the division
911 prior to the date of the written notice required in sub
912 subparagraph b. An in-kind contribution to a county political
913 party may be accepted only by the chairperson of the county
914 political party or by the county chairperson’s designee or
915 designees whose names are on file with the supervisor of
916 elections of the respective county prior to the date of the
917 written notice required in sub-subparagraph b.
918 b. A person making an in-kind contribution to a state
919 political party or county political party must provide prior
920 written notice of the contribution to a person described in sub
921 subparagraph a. The prior written notice must be signed and
922 dated and may be provided by an electronic or facsimile message.
923 However, prior written notice is not required for an in-kind
924 contribution that consists of food and beverage in an aggregate
925 amount not exceeding $1,500 which is consumed at a single
926 sitting or event if such in-kind contribution is accepted in
927 advance by a person specified in sub-subparagraph a.
928 c. A person described in sub-subparagraph a. may accept an
929 in-kind contribution requiring prior written notice only in a
930 writing that is signed and dated before the in-kind contribution
931 is made. Failure to obtain the required written acceptance of an
932 in-kind contribution to a state or county political party
933 constitutes a refusal of the contribution.
934 d. A copy of each prior written acceptance required under
935 sub-subparagraph c. must be filed with the division at the time
936 the regular reports of contributions and expenditures required
937 under s. 106.29 are filed by the state executive committee and
938 county executive committee. A state executive committee must
939 file with the division. A county executive committee must file
940 with the county’s supervisor of elections.
941 e. An in-kind contribution may not be given to a state or
942 county political party unless the in-kind contribution is made
943 as provided in this subparagraph.
944 Section 10. Section 106.09, Florida Statutes, is amended to
945 read:
946 106.09 Cash contributions and contribution by cashier’s
947 checks.—
948 (1)(a) A person may not make an aggregate or accept a cash
949 contribution or contribution by means of a cashier’s check to
950 the same candidate or committee in excess of $50 per election.
951 (b) A person may not accept an aggregate cash contribution
952 or contribution by means of a cashier’s check from the same
953 contributor in excess of $50 per election.
954 (2)(a) Any person who makes or accepts a contribution in
955 excess of $50 in violation of subsection (1) this section
956 commits a misdemeanor of the first degree, punishable as
957 provided in s. 775.082 or s. 775.083.
958 (b) Any person who knowingly and willfully makes or accepts
959 a contribution in excess of $5,000 in violation of subsection
960 (1) this section commits a felony of the third degree,
961 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
962 Section 11. Paragraph (b) of subsection (1) and paragraph
963 (a) of subsection (2) of section 106.11, Florida Statutes, are
964 amended, and subsection (6) is added to that section, to read:
965 106.11 Expenses of and expenditures by candidates and
966 political committees.—Each candidate and each political
967 committee which designates a primary campaign depository
968 pursuant to s. 106.021(1) shall make expenditures from funds on
969 deposit in such primary campaign depository only in the
970 following manner, with the exception of expenditures made from
971 petty cash funds provided by s. 106.12:
972 (1)
973 (b) The checks for such account shall contain, as a
974 minimum, the following information:
975 1. The statement “Campaign Account of ...(name of candidate
976 or political committee)... Campaign Account.”
977 2. The account number and the name of the bank.
978 3. The exact amount of the expenditure.
979 4. The signature of the campaign treasurer or deputy
980 treasurer.
981 5. The exact purpose for which the expenditure is
982 authorized.
983 6. The name of the payee.
984 (2)(a) For purposes of this section, debit cards are
985 considered bank checks, if:
986 1. Debit cards are obtained from the same bank that has
987 been designated as the candidate’s or political committee’s
988 primary campaign depository.
989 2. Debit cards are issued in the name of the treasurer,
990 deputy treasurer, or authorized user and state “Campaign Account
991 of ...(name of candidate or political committee)... Campaign
992 Account.”
993 3. No more than three debit cards are requested and issued.
994 4. Before a debit card is used, a list of all persons
995 authorized to use the card is filed with the division.
996 5. All debit cards issued to a candidate’s campaign or a
997 political committee expire no later than midnight of the last
998 day of the month of the general election.
999 4.6. The person using the debit card does not receive cash
1000 as part of, or independent of, any transaction for goods or
1001 services.
1002 5.7. All receipts for debit card transactions contain:
1003 a. The last four digits of the debit card number.
1004 b. The exact amount of the expenditure.
1005 c. The name of the payee.
1006 d. The signature of the campaign treasurer, deputy
1007 treasurer, or authorized user.
1008 e. The exact purpose for which the expenditure is
1009 authorized.
1010
1011 Any information required by this subparagraph but not included
1012 on the debit card transaction receipt may be handwritten on, or
1013 attached to, the receipt by the authorized user before
1014 submission to the treasurer.
1015 (6) A candidate who makes a loan to his or her campaign and
1016 reports the loan as required by s. 106.07 may be reimbursed for
1017 the loan at any time the campaign account has sufficient funds
1018 to repay the loan and satisfy its other obligations.
1019 Section 12. Paragraph (b) of subsection (4) of section
1020 106.141, Florida Statutes, is amended to read:
1021 106.141 Disposition of surplus funds by candidates.—
1022 (4)
1023 (b) Any candidate required to dispose of funds pursuant to
1024 this section who has received contributions pursuant to from the
1025 Florida Election Campaign Financing Act Trust Fund shall, after
1026 all monetary commitments pursuant to s. 106.11(5)(b) and (c)
1027 have been met, return all surplus campaign funds to the General
1028 Revenue Election Campaign Financing Trust Fund.
1029 Section 13. Subsections (1), (2), and (4) of section
1030 106.143, Florida Statutes, are amended to read:
1031 106.143 Political advertisements circulated prior to
1032 election; requirements.—
1033 (1)(a) Any political advertisement that is paid for by a
1034 candidate, except a write-in candidate, and that is published,
1035 displayed, or circulated before, or on the day of, any election
1036 must prominently state:
1037 1. “Political advertisement paid for and approved by
1038 ...(name of candidate)..., ...(party affiliation)..., for
1039 ...(office sought)...”; or
1040 2. “Paid by ...(name of candidate)..., ...(party
1041 affiliation)..., for ...(office sought)....”
1042 (b) Any political advertisement that is paid for by a
1043 write-in candidate and that is published, displayed, or
1044 circulated before, or on the day of, any election must
1045 prominently state:
1046 1. “Political advertisement paid for and approved by
1047 ...(name of candidate)..., write-in candidate, for ...(office
1048 sought)...”; or
1049 2. “Paid by ...(name of candidate)..., write-in candidate,
1050 for ...(office sought)....”
1051 (c)(b) Any other political advertisement published,
1052 displayed, or circulated before, or on the day of, any election
1053 must prominently:
1054 1. Be marked “paid political advertisement” or with the
1055 abbreviation “pd. pol. adv.”
1056 2. State the name and address of the persons sponsoring the
1057 advertisement.
1058 3.a.(I) State whether the advertisement and the cost of
1059 production is paid for or provided in kind by or at the expense
1060 of the entity publishing, displaying, broadcasting, or
1061 circulating the political advertisement; or
1062 (II) State who provided or paid for the advertisement and
1063 cost of production, if different from the source of sponsorship.
1064 b. This subparagraph does not apply if the source of the
1065 sponsorship is patently clear from the content or format of the
1066 political advertisement.
1067 (d)(c) Any political advertisement made pursuant to s.
1068 106.021(3)(d) must be marked “paid political advertisement” or
1069 with the abbreviation “pd. pol. adv.” and must prominently
1070 state, “Paid for and sponsored by ...(name of person paying for
1071 political advertisement).... Approved by ...(names of persons,
1072 party affiliation, and offices sought in the political
1073 advertisement)....”
1074 (2) Any political advertisement of a candidate running for
1075 partisan office shall express the name of the political party of
1076 which the candidate is seeking nomination or is the nominee. If
1077 the candidate for partisan office is running as a candidate with
1078 no party affiliation, any political advertisement of the
1079 candidate must state that the candidate has no party
1080 affiliation. Any political advertisement of a candidate running
1081 for nonpartisan office may not state the candidate’s political
1082 party affiliation. A candidate for nonpartisan office is
1083 prohibited from campaigning based on party affiliation.
1084 (4)(a) Any political advertisement not paid for by a
1085 candidate, including those paid for by a political party, other
1086 than an independent expenditure, offered by or on behalf of a
1087 candidate must be approved in advance by the candidate. Such
1088 political advertisement must expressly state that the content of
1089 the advertisement was approved by the candidate and must state
1090 who paid for the advertisement. The candidate shall provide a
1091 written statement of authorization to the newspaper, radio
1092 station, television station, or other medium for each such
1093 advertisement submitted for publication, display, broadcast, or
1094 other distribution.
1095 (b) Any person who makes an independent expenditure for a
1096 political advertisement shall provide a written statement that
1097 no candidate has approved the advertisement to the newspaper,
1098 radio station, television station, or other medium for each such
1099 advertisement submitted for publication, display, broadcast, or
1100 other distribution. The advertisement must also contain a
1101 statement that no candidate has approved the advertisement.
1102 (c) This subsection does not apply to campaign messages
1103 used by a candidate and his or her supporters if those messages
1104 are designed to be worn by a person.
1105 Section 14. Subsection (3) of section 106.18, Florida
1106 Statutes, is amended to read:
1107 106.18 When a candidate’s name to be omitted from ballot.—
1108 (3) No certificate of election shall be granted to any
1109 candidate until all preelection reports required by s. 106.07
1110 have been filed in accordance with the provisions of such
1111 section. However, no candidate shall be prevented from receiving
1112 a certificate of election for failure to file any copy of a
1113 report required by this chapter.
1114 Section 15. Subsection (4) is added to section 106.19,
1115 Florida Statutes, to read:
1116 106.19 Violations by candidates, persons connected with
1117 campaigns, and political committees.—
1118 (4) Except as otherwise expressly stated, the failure by a
1119 candidate to comply with the requirements of this chapter has no
1120 effect upon whether the candidate has qualified for the office
1121 the candidate is seeking.
1122 Section 16. Subsection (1) and paragraphs (b) and (d) of
1123 subsection (3) of section 106.29, Florida Statutes, are amended
1124 to read:
1125 106.29 Reports by political parties; restrictions on
1126 contributions and expenditures; penalties.—
1127 (1) The state executive committee and each county executive
1128 committee of each political party regulated by chapter 103 shall
1129 file regular reports of all contributions received and all
1130 expenditures made by such committee. In addition, when a special
1131 election is called to fill a vacancy in office, each state
1132 executive committee and each county executive committee making
1133 contributions or expenditures to influence the results of the
1134 special election or the preceding special primary election must
1135 file campaign treasurers’ reports on the dates set by the
1136 Department of State pursuant to s. 100.111. Such reports shall
1137 contain the same information as do reports required of
1138 candidates by s. 106.07 and shall be filed on the 10th day
1139 following the end of each calendar quarter, except that, during
1140 the period from the last day for candidate qualifying until the
1141 general election, such reports shall be filed on the Friday
1142 immediately preceding each special primary election, special
1143 election, both the primary election, and the general election.
1144 In addition to the reports filed under this section, the state
1145 executive committee and each county executive committee shall
1146 file a copy of each prior written acceptance of an in-kind
1147 contribution given by the committee during the preceding
1148 calendar quarter as required under s. 106.08(6). Each state
1149 executive committee shall file the original and one copy of its
1150 reports with the Division of Elections. Each county executive
1151 committee shall file its reports with the supervisor of
1152 elections in the county in which such committee exists. Any
1153 state or county executive committee failing to file a report on
1154 the designated due date shall be subject to a fine as provided
1155 in subsection (3). No separate fine shall be assessed for
1156 failure to file a copy of any report required by this section.
1157 (3)
1158 (b) Upon determining that a report is late, the filing
1159 officer shall immediately notify the chair of the executive
1160 committee as to the failure to file a report by the designated
1161 due date and that a fine is being assessed for each late day.
1162 The fine shall be $1,000 for a state executive committee, and
1163 $50 for a county executive committee, per day for each late day,
1164 not to exceed 25 percent of the total receipts or expenditures,
1165 whichever is greater, for the period covered by the late report.
1166 However, if an executive committee fails to file a report on the
1167 Friday immediately preceding the special election or general
1168 election, the fine shall be $10,000 per day for each day a state
1169 executive committee is late and $500 per day for each day a
1170 county executive committee is late. Upon receipt of the report,
1171 the filing officer shall determine the amount of the fine which
1172 is due and shall notify the chair. Notice is deemed complete
1173 upon proof of delivery of written notice to the mailing or
1174 street address of record with the filing officer. The filing
1175 officer shall determine the amount of the fine due based upon
1176 the earliest of the following:
1177 1. When the report is actually received by such officer.
1178 2. When the report is postmarked.
1179 3. When the certificate of mailing is dated.
1180 4. When the receipt from an established courier company is
1181 dated.
1182 5. When the electronic receipt issued pursuant to s.
1183 106.0705 is dated.
1184
1185 Such fine shall be paid to the filing officer within 20 days
1186 after receipt of the notice of payment due, unless appeal is
1187 made to the Florida Elections Commission pursuant to paragraph
1188 (c). An officer or member of an executive committee shall not be
1189 personally liable for such fine.
1190 (d) The appropriate filing officer shall notify the Florida
1191 Elections Commission of the repeated late filing by an executive
1192 committee, the failure of an executive committee to file a
1193 report after notice, or the failure to pay the fine imposed. As
1194 used in this paragraph, the term “repeated late filing” means at
1195 least three late filings occurring within any 2-year period. The
1196 commission shall treat notification of each repeated late filing
1197 as a separate violation of this section.
1198 Section 17. Subsection (5) of section 106.35, Florida
1199 Statutes, is amended to read:
1200 106.35 Distribution of funds.—
1201 (5) The division shall adopt rules providing for the weekly
1202 reports and certification and distribution of funds pursuant
1203 thereto required by this section. Such rules shall, at a
1204 minimum, provide for:
1205 (a) Specifications for printed campaign treasurer’s reports
1206 outlining the format for such reports, including size of paper,
1207 typeface, color of print, and placement of required information
1208 on the form.
1209 (b)1. specifications for electronically transmitted
1210 campaign treasurer’s reports outlining communication parameters
1211 and protocol, data record formats, and provisions for ensuring
1212 security of data and transmission.
1213 2. All electronically transmitted campaign treasurer’s
1214 reports must also be filed in printed format. Printed format
1215 shall not include campaign treasurer’s reports submitted by
1216 electronic facsimile transmission.
1217 Section 18. This act shall take effect July 1, 2011.