Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1382
                                Barcode 797380                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2013           .                                

       The Committee on Ethics and Elections (Latvala) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 2182 - 2222
    4  and insert:
    5         Section 32. For the purpose of incorporating the amendments
    6  made by this act to sections 106.08 and 106.11, Florida
    7  Statutes, in references thereto, section 106.19, Florida
    8  Statutes, is reenacted to read:
    9         106.19 Violations by candidates, persons connected with
   10  campaigns, and political committees.—
   11         (1) Any candidate; campaign manager, campaign treasurer, or
   12  deputy treasurer of any candidate; committee chair, vice chair,
   13  campaign treasurer, deputy treasurer, or other officer of any
   14  political committee; agent or person acting on behalf of any
   15  candidate or political committee; or other person who knowingly
   16  and willfully:
   17         (a) Accepts a contribution in excess of the limits
   18  prescribed by s. 106.08;
   19         (b) Fails to report any contribution required to be
   20  reported by this chapter;
   21         (c) Falsely reports or deliberately fails to include any
   22  information required by this chapter; or
   23         (d) Makes or authorizes any expenditure in violation of s.
   24  106.11(4) or any other expenditure prohibited by this chapter;
   26  is guilty of a misdemeanor of the first degree, punishable as
   27  provided in s. 775.082 or s. 775.083.
   28         (2) Any candidate, campaign treasurer, or deputy treasurer;
   29  any chair, vice chair, or other officer of any political
   30  committee; any agent or person acting on behalf of any candidate
   31  or political committee; or any other person who violates
   32  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be
   33  subject to a civil penalty equal to three times the amount
   34  involved in the illegal act. Such penalty may be in addition to
   35  the penalties provided by subsection (1) and shall be paid into
   36  the General Revenue Fund of this state.
   37         (3) A political committee sponsoring a constitutional
   38  amendment proposed by initiative which submits a petition form
   39  gathered by a paid petition circulator which does not provide
   40  the name and address of the paid petition circulator on the form
   41  is subject to the civil penalties prescribed in s. 106.265.
   42         (4) Except as otherwise expressly stated, the failure by a
   43  candidate to comply with the requirements of this chapter has no
   44  effect upon whether the candidate has qualified for the office
   45  the candidate is seeking.
   46         Section 33. Paragraph (a) of subsection (1) of section
   47  106.11, Florida Statutes, is amended to read:
   48         106.11 Expenses of and expenditures by candidates and
   49  political committees.—Each candidate and each political
   50  committee which designates a primary campaign depository
   51  pursuant to s. 106.021(1) shall make expenditures from funds on
   52  deposit in such primary campaign depository only in the
   53  following manner, with the exception of expenditures made from
   54  petty cash funds provided by s. 106.12:
   55         (1)(a)1. The campaign treasurer or deputy campaign
   56  treasurer of a candidate or political committee shall make
   57  expenditures from funds on deposit in the primary campaign
   58  depository only by means of a bank check drawn upon the campaign
   59  account of the candidate or political committee. The campaign
   60  account shall be separate from any personal or other account and
   61  shall be used only for the purpose of depositing contributions
   62  and making expenditures for the candidate or political
   63  committee.
   64         2. An expenditure by a political committee must also be
   65  primarily related to raising or making a contribution,
   66  influencing the results of an election, making an electioneering
   67  communication, or other political activity authorized by this
   68  chapter. A violation of this subparagraph is punishable solely
   69  as provided in s. 106.19(2).
   71  ================= T I T L E  A M E N D M E N T ================
   72         And the title is amended as follows:
   73         Delete lines 68 - 74
   74  and insert:
   75         made by the act; reenacting s. 106.075(2), F.S.,
   76         relating to contributions made to pay back campaign
   77         loans incurred, to incorporate the amendment made to
   78         s. 106.08, F.S., in a reference thereto; reenacting s.
   79         106.19, F.S., relating to criminal and enhanced civil
   80         penalties for certain campaign finance violations, to
   81         incorporate the amendments made to ss. 106.08 and
   82         106.11, F.S., in references thereto; amending s.
   83         106.11, F.S.; specifying restrictions on expenditures
   84         by political committees; providing a penalty;
   85         providing effective dates.