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
    1         Senate Amendment (with title amendment)
    3         Between lines 967 and 968
    4  insert:
    5         Section 10. Section 106.0702, Florida Statutes, is created
    6  to read:
    7         106.0702Reporting; 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.
  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).
  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.