Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1382
       
       
       
       
       
       
                                Barcode 698106                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/13/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Ethics and Elections (Clemens) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1473 and 1474
    4  insert:
    5         Section 11. Subsection (4) of section 106.11, Florida
    6  Statutes, is amended to read:
    7         106.11 Expenses of and expenditures by candidates and
    8  political committees.—Each candidate and each political
    9  committee which designates a primary campaign depository
   10  pursuant to s. 106.021(1) shall make expenditures from funds on
   11  deposit in such primary campaign depository only in the
   12  following manner, with the exception of expenditures made from
   13  petty cash funds provided by s. 106.12:
   14         (4) No candidate, campaign manager, treasurer, deputy
   15  treasurer, or political committee or any officer or agent
   16  thereof, or any person acting on behalf of any of the foregoing,
   17  shall authorize any expenses, nor shall any campaign treasurer
   18  or deputy treasurer sign a check drawn on the primary campaign
   19  account for any purpose, unless there are sufficient funds on
   20  deposit in the primary depository account of the candidate or
   21  political committee to pay the full amount of the authorized
   22  expense, to honor all other checks drawn on such account, which
   23  checks are outstanding, and to meet all expenses previously
   24  authorized but not yet paid. However, an expense may be incurred
   25  for the purchase of goods or services if there are sufficient
   26  funds on deposit in the primary depository account to pay the
   27  full amount of the incurred expense, to honor all checks drawn
   28  on such account, which checks are outstanding, and to meet all
   29  other expenses previously authorized but not yet paid, provided
   30  that payment for such goods or services is made upon final
   31  delivery and acceptance of the goods or services; and an
   32  expenditure from petty cash pursuant to the provisions of s.
   33  106.12 may be authorized, if there is a sufficient amount of
   34  money in the petty cash fund to pay for such expenditure.
   35  Payment for credit card purchases shall be made pursuant to s.
   36  106.125. Any expense incurred or authorized in excess of such
   37  funds on deposit shall, in addition to other penalties provided
   38  by law, constitute a violation of this chapter. As used in this
   39  subsection, the term “sufficient funds on deposit in the primary
   40  depository account of the candidate or political committee”
   41  means that the funds at issue have been delivered for deposit to
   42  the financial institution at which such account is maintained.
   43  The term shall not be construed to mean that such funds are
   44  available for withdrawal in accordance with the deposit rules or
   45  the funds availability policies of such financial institution.
   46         Section 12. Section 106.125, Florida Statutes, is repealed.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete line 45
   51  and insert:
   52         made by the act; amending s. 106.11, F.S.; conforming
   53         a provision to changes made by the act; repealing s.
   54         106.125, F.S., relating to conditions on use of credit
   55         cards by certain candidates and political committees;
   56         amending s. 106.141, F.S.;