Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1382
                                Barcode 760646                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/13/2013           .                                

       The Committee on Ethics and Elections (Clemens) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 1477 - 1707
    4  and insert:
    5         (1) Each candidate who withdraws his or her candidacy,
    6  becomes an unopposed candidate, or is eliminated as a candidate
    7  or elected to office shall, within 90 days, dispose of the funds
    8  on deposit in his or her campaign account and file a report
    9  reflecting the disposition of all remaining funds. Such
   10  candidate may shall not accept any contributions, nor may shall
   11  any person accept contributions on behalf of such candidate,
   12  after the candidate withdraws his or her candidacy, becomes
   13  unopposed, or is eliminated or elected. However, if a candidate
   14  receives a refund check after all surplus funds have been
   15  disposed of, the check may be endorsed by the candidate and the
   16  refund disposed of under this section. An amended report must be
   17  filed showing the refund and subsequent disposition.
   18         (2) Any candidate required to dispose of funds pursuant to
   19  this section may, before prior to such disposition, be
   20  reimbursed by the campaign, in full or in part, for any reported
   21  contributions by the candidate to the campaign.
   22         (3) The campaign treasurer of a candidate who withdraws his
   23  or her candidacy, becomes unopposed, or is eliminated as a
   24  candidate or elected to office and who has funds on deposit in a
   25  separate interest-bearing account or certificate of deposit
   26  shall, within 7 days after the date of becoming unopposed or the
   27  date of such withdrawal, elimination, or election, transfer such
   28  funds and the accumulated interest earned thereon to the
   29  campaign account of the candidate for disposal under this
   30  section. However, if the funds are in an account in which
   31  penalties will apply for withdrawal within the 7-day period, the
   32  campaign treasurer shall transfer such funds and the accumulated
   33  interest earned thereon as soon as the funds can be withdrawn
   34  without penalty, or within 90 days after the candidate becomes
   35  unopposed, withdraws his or her candidacy, or is eliminated or
   36  elected, whichever comes first.
   37         (4)(a) Except as provided in paragraph (b), any candidate
   38  required to dispose of funds pursuant to this section shall, at
   39  the option of the candidate, dispose of such funds by any of the
   40  following means, or any combination thereof:
   41         1. Return pro rata to each contributor the funds that have
   42  not been spent or obligated.
   43         2. Donate the funds that have not been spent or obligated
   44  to a charitable organization or organizations that meet the
   45  qualifications of s. 501(c)(3) of the Internal Revenue Code.
   46         3. Give not more than $25,000 of the funds that have not
   47  been spent or obligated to the affiliated party committee or
   48  political party of which such candidate is a member.
   49         4. Give the funds that have not been spent or obligated:
   50         a. In the case of a candidate for state office, to the
   51  state, to be deposited in either the Election Campaign Financing
   52  Trust Fund or the General Revenue Fund, as designated by the
   53  candidate; or
   54         b. In the case of a candidate for an office of a political
   55  subdivision, to such political subdivision, to be deposited in
   56  the general fund thereof.
   57         (b) Any candidate required to dispose of funds pursuant to
   58  this section who has received contributions pursuant to the
   59  Florida Election Campaign Financing Act shall, after all
   60  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
   61  been met, return all surplus campaign funds to the General
   62  Revenue Fund.
   63         (5) A candidate elected to office or a candidate who will
   64  be elected to office by virtue of his or her being unopposed
   65  may, in addition to the disposition methods provided in
   66  subsection (4), transfer from the campaign account to an office
   67  account any amount of the funds on deposit in such campaign
   68  account up to:
   69         (a) Fifty Twenty thousand dollars, for a candidate for
   70  statewide office. The Governor and Lieutenant Governor shall be
   71  considered separate candidates for the purpose of this section.
   72         (b) Ten Five thousand dollars, for a candidate for
   73  multicounty office.
   74         (c) Ten Five thousand dollars multiplied by the number of
   75  years in the term of office for which elected, for a candidate
   76  for legislative office.
   77         (d) Five thousand Two thousand five hundred dollars
   78  multiplied by the number of years in the term of office for
   79  which elected, for a candidate for county office or for a
   80  candidate in any election conducted on less than a countywide
   81  basis.
   82         (e) Six thousand dollars, for a candidate for retention as
   83  a justice of the Supreme Court.
   84         (f) Three thousand dollars, for a candidate for retention
   85  as a judge of a district court of appeal.
   86         (g) Three thousand One thousand five hundred dollars, for a
   87  candidate for county court judge or circuit judge.
   89  The office account established pursuant to this subsection shall
   90  be separate from any personal or other account. Any funds so
   91  transferred by a candidate shall be used only for legitimate
   92  expenses in connection with the candidate’s public office. Such
   93  expenses may include travel expenses incurred by the officer or
   94  a staff member;, personal taxes payable on office account funds
   95  by the candidate or elected public official; professional
   96  services provided by a certified public accountant for
   97  preparation of the elected public official’s financial
   98  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
   99  to prepare, print, produce, and mail holiday cards or
  100  newsletters about the elected public official’s public business
  101  to constituents, if such correspondence does not constitute a
  102  political advertisement, independent expenditure, or
  103  electioneering communication as provided in s. 106.011; fees or
  104  dues to religious, civic, or charitable organizations of which
  105  the elected public official is a member; items of modest value
  106  such as flowers, greeting cards, or personal notes given as a
  107  substitute for, or in association with, an elected public
  108  official’s personal attendance at a constituent’s special event
  109  or family occasion, such as the birth of a child, graduation,
  110  wedding, or funeral; personal expenses incurred by the elected
  111  public official in connection with attending a constituent
  112  meeting or event where public policy is discussed, if such
  113  meetings or events are limited to no more than once a week;, or
  114  expenses incurred in the operation of the elected public
  115  official’s his or her office, including the employment of
  116  additional staff. The funds may be deposited in a savings
  117  account; however, all deposits, withdrawals, and interest earned
  118  thereon shall be reported at the appropriate reporting period.
  119  If a candidate is reelected to office or elected to another
  120  office and has funds remaining in his or her office account, he
  121  or she may transfer surplus campaign funds to the office
  122  account. At no time may the funds in the office account exceed
  123  the limitation imposed by this subsection. Upon leaving public
  124  office, any person who has funds in an office account pursuant
  125  to this subsection remaining on deposit shall give such funds to
  126  a charitable organization that meets or organizations which meet
  127  the requirements of s. 501(c)(3) of the Internal Revenue Code
  128  or, in the case of a state officer, to the state to be deposited
  129  in the General Revenue Fund or, in the case of an officer of a
  130  political subdivision, to the political subdivision to be
  131  deposited in the general fund thereof.
  134  ================= T I T L E  A M E N D M E N T ================
  135         And the title is amended as follows:
  136         Delete lines 51 - 57
  137  and insert:
  138         with office account funds; reenacting and amending