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 following: 1 Senate Amendment (with title amendment) 2 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; 25 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). 70 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.