Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 1382 Barcode 917064 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/21/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 967 and 968 4 insert: 5 Section 10. Section 106.0702, Florida Statutes, is created 6 to read: 7 106.0702 Reporting; political party executive committee 8 candidates.— 9 (1) An individual seeking a publicly-elected position on a 10 political party executive committee who receives a contribution 11 or makes an expenditure shall file a report of all contributions 12 received, and all expenditures made. The report shall be filed 13 on the 4th day immediately preceding the primary election. 14 (2)(a) The report shall be filed with the supervisor of 15 elections of the appropriate county. Reports shall be filed no 16 later than 5 p.m. of the day designated; however, any report 17 postmarked by the United States Postal Service by the day 18 designated shall be deemed to have been filed in a timely 19 manner. Any report received by the filing officer within 5 days 20 after the designated due date shall be deemed timely filed 21 unless it has a postmark that indicates that the report was 22 mailed after the designated due date. A certificate of mailing 23 obtained from and dated by the United States Postal Service at 24 the time of mailing, or a receipt from an established courier 25 company, which bears a date on or before the date on which the 26 report is due is proof of mailing in a timely manner. The report 27 filed must contain information of all contributions received and 28 expenditures made as of the day preceding the designated due 29 date. All such reports must be open to public inspection. 30 (b) A reporting individual may submit the report required 31 under this section through an electronic filing system, if used 32 by the supervisor for other candidates, in order to satisfy the 33 filing requirement. Such reports shall be completed and filed 34 through the electronic filing system not later than midnight on 35 the 4th day immediately preceding the primary election. 36 (3)(a) A report that is deemed to be incomplete by the 37 supervisor shall be accepted on a conditional basis. The 38 supervisor shall send a notice to the reporting individual by 39 certified mail or by another method using a common carrier that 40 provides proof of delivery as to why the report is incomplete. 41 Within 7 days after receipt of such notice, the reporting 42 individual must file an addendum to the report providing all 43 information necessary to complete the report in compliance with 44 this section. Failure to file a complete report after such 45 notice constitutes a violation of this chapter. 46 (b) Notice is deemed complete upon proof of delivery of a 47 written notice to the mailing or street address which is on 48 record with the supervisor. 49 (4)(a) Each report required by this section must contain: 50 1. The full name, address, and occupation of each person 51 who has made one or more contributions to or for the reporting 52 individual within the reporting period, together with the amount 53 and date of such contributions. For corporations, the report 54 must provide as clear a description as practicable of the 55 principal type of business conducted by the corporations. 56 However, if the contribution is $100 or less or is from a 57 relative, as defined in s. 112.312, provided that the 58 relationship is reported, the occupation of the contributor or 59 the principal type of business need not be listed. 60 2. The name and address of each political committee from 61 which the reporting individual has received, or to which the 62 reporting individual has made, any transfer of funds within the 63 reporting period, together with the amounts and dates of all 64 transfers. 65 3. Each loan for campaign purposes from any person or 66 political committee within the reporting period, together with 67 the full name, address, and occupation, and principal place of 68 business, if any, of the lender and endorser, if any, and the 69 date and amount of such loans. 70 4. A statement of each contribution, rebate, refund, or 71 other receipt not otherwise listed under subparagraphs 1.-3. 72 5. The total sums of all loans, in-kind contributions, and 73 other receipts by or for such reporting individual during the 74 reporting period. The reporting forms shall be designed to 75 elicit separate totals for in-kind contributions, loans, and 76 other receipts. 77 6. The full name and address of each person to whom 78 expenditures have been made by or on behalf of the reporting 79 individual within the reporting period; the amount, date, and 80 purpose of each such expenditure; and the name and address of, 81 and office sought by, each reporting individual on whose behalf 82 such expenditure was made. 83 7. The amount and nature of debts and obligations owed by 84 or to the reporting individual which relate to the conduct of 85 any political campaign. 86 8. Transaction information for each credit card purchase. 87 Receipts for each credit card purchase shall be retained by the 88 reporting individual. 89 9. The amount and nature of any separate interest-bearing 90 accounts or certificates of deposit and identification of the 91 financial institution in which such accounts or certificates of 92 deposit are located. 93 (b) The supervisor shall make available to any reporting 94 individual a reporting form that the reporting individual may 95 use to indicate contributions received by the reporting 96 individual but returned to the contributor before deposit. 97 (5) The reporting individual shall certify as to the 98 correctness of the report and shall bear the responsibility for 99 the accuracy and veracity of each report. Any reporting 100 individual who willfully certifies the correctness of the report 101 while knowing that such report is incorrect, false, or 102 incomplete commits a misdemeanor of the first degree, punishable 103 as provided in s. 775.082 or s. 775.083. 104 (6) Notwithstanding any other provisions of this chapter, 105 the filing of the required report is waived if the reporting 106 individual has not received contributions or expended any 107 reportable funds. 108 (7)(a) A reporting individual who fails to file a report on 109 the designated due date is subject to a fine, and such fine 110 shall be paid only from personal funds of the reporting 111 individual. The fine shall be $50 per day for the first 3 days 112 late and, thereafter, $500 per day for each late day, not to 113 exceed 25 percent of the total receipts or expenditures, 114 whichever is greater. The fine shall be assessed by the 115 supervisor, and the moneys collected shall be deposited into the 116 general revenue fund of the political subdivision. 117 (b) The supervisor shall determine the amount of the fine 118 due based upon the earliest of the following: 119 1. When the report is actually received by the supervisor. 120 2. When the report is postmarked; 121 3. When the certificate of mailing is dated; 122 4. When the receipt from an established courier company is 123 dated; or 124 5. When the report is completed and filed through the 125 electronic filing system, if applicable. 126 127 Such fine shall be paid to the supervisor within 20 days after 128 receipt of the notice of payment due unless appeal is made to 129 the Florida Elections Commission pursuant to paragraph (c). 130 Notice is deemed complete upon proof of delivery of written 131 notice to the mailing or street address on record with the 132 supervisor. Such fine may not be an allowable campaign 133 expenditure and shall be paid only from personal funds of the 134 reporting individual. 135 (c) A reporting individual may appeal or dispute the fine, 136 based upon, but not limited to, unusual circumstances 137 surrounding the failure to file on the designated due date, and 138 may request and is entitled to a hearing before the Florida 139 Elections Commission, which has the authority to waive the fine 140 in whole or in part. The Florida Elections Commission must 141 consider the mitigating and aggravating circumstances contained 142 in s. 106.265(2) when determining the amount of a fine, if any, 143 to be waived. Any such request shall be made within 20 days 144 after receipt of the notice of payment due. In such case, the 145 reporting individual must, within 20 days after receipt of the 146 notice, notify the supervisor in writing of his or her intention 147 to bring the matter before the commission. 148 (d) The appropriate supervisor shall notify the Florida 149 Elections Commission of the late filing by a reporting 150 individual, the failure of a reporting individual to file a 151 report after notice, or the failure to pay the fine imposed. The 152 commission shall investigate only those alleged late filing 153 violations specifically identified by the supervisor and as set 154 forth in the notification. Any other alleged violations must be 155 separately stated and reported by the division to the commission 156 under s. 106.25(2). 157 158 ================= T I T L E A M E N D M E N T ================ 159 And the title is amended as follows: 160 Delete line 39 161 and insert: 162 committees; conforming a cross-reference; creating s. 163 106.0702, F.S.; requiring certain individuals seeking 164 a publicly-elected position on a political party 165 executive committee to file a report with the 166 supervisor of elections before the primary election; 167 providing filing and notice requirements; specifying 168 the contents of the report; requiring the supervisor 169 to make a specified form available to a reporting 170 individual; requiring the reporting individual to 171 certify to the correctness of the report; providing 172 criminal penalties for a reporting individual who 173 willfully files an incorrect, false, or incomplete 174 report; providing for a fine under specified 175 conditions; authorizing a reporting individual to 176 appeal a fine to the Florida Elections Commission; 177 requiring the supervisor to notify the commission of 178 specified violations; amending s.