Florida Senate - 2013                      CS for CS for SB 1382
       
       
       
       By the Committees on Community Affairs; and Ethics and
       Elections; and Senator Latvala
       
       
       
       578-02814-13                                          20131382c2
    1                        A bill to be entitled                      
    2         An act relating to campaign finance; repealing s.
    3         106.04, F.S., relating to the certification and
    4         political activities of committees of continuous
    5         existence; prohibiting a committee of continuous
    6         existence from accepting a contribution after a
    7         certain date; providing for revocation of the
    8         certification of each committee of continuous
    9         existence on a certain date; requiring the Division of
   10         Elections to provide certain notifications to
   11         committees of continuous existence; providing
   12         procedures for disposition of funds and closing of the
   13         committee account; providing penalties; providing for
   14         the applicability of penalties incurred by the
   15         committee of continuous existence; authorizing a
   16         committee of continuous existence to make unlimited
   17         contributions to a political committee; amending and
   18         reordering s. 106.011, F.S., relating to definitions
   19         applicable to provisions governing campaign financing;
   20         deleting the definition of the term “committee of
   21         continuous existence” to conform to changes made by
   22         the act; revising the definition of the term
   23         “election” to include the selection of members of
   24         political party executive committees; conforming
   25         cross-references; amending s. 106.021, F.S.; providing
   26         requirements and restrictions on the use of
   27         contributions received before a candidate changes his
   28         or her candidacy to a different office; prohibiting a
   29         political committee from making an expenditure for the
   30         purpose of jointly endorsing three or more candidates
   31         outside the scope of the requirements of ch. 106,
   32         F.S.; amending s. 106.022, F.S.; conforming a
   33         provision to changes made by the act; amending s.
   34         106.025, F.S.; providing that tickets or advertising
   35         for a campaign fundraiser must comply with the
   36         requirements of political advertisements circulated
   37         before an election; amending s. 106.03, F.S.;
   38         conforming provisions and cross-references to changes
   39         made by the act; amending s. 106.05, F.S.; revising
   40         the information that is required to appear on a bank
   41         account for deposit of funds; reenacting and amending
   42         s. 106.07, F.S., relating to reports by campaign
   43         treasurers; revising reporting requirements for
   44         candidates and political committees; conforming a
   45         cross-reference; creating s. 106.0702, F.S.; requiring
   46         certain individuals seeking a publicly-elected
   47         position on a political party executive committee to
   48         file a report with the supervisor of elections before
   49         the primary election; providing filing and notice
   50         requirements; specifying the contents of the report;
   51         requiring the supervisor to make a specified form
   52         available to a reporting individual; requiring the
   53         reporting individual to certify to the correctness of
   54         the report; providing criminal penalties for a
   55         reporting individual who willfully files an incorrect,
   56         false, or incomplete report; providing for a fine
   57         under specified conditions; authorizing a reporting
   58         individual to appeal a fine to the Florida Elections
   59         Commission; requiring the supervisor to notify the
   60         commission of specified violations; amending s.
   61         106.0703, F.S.; revising reporting requirements for
   62         electioneering communications organizations;
   63         reenacting and amending s. 106.0705, F.S., relating to
   64         the electronic filing of campaign treasurer’s reports;
   65         conforming provisions and cross-references to changes
   66         made by the act; amending s. 106.08, F.S.; increasing
   67         the limitations on contributions made to certain
   68         candidates and political committees; removing a
   69         limitation on contributions made by specified minors;
   70         revising limitations on contributions to non-statewide
   71         candidates from specified political party committees;
   72         conforming provisions and cross-references to changes
   73         made by the act; reenacting and amending s. 106.11,
   74         F.S.; specifying restrictions on expenditures by
   75         political committees; providing a penalty; revising
   76         the information that is required to appear on bank
   77         account checks of candidates or political committees;
   78         revising information used to determine when debit
   79         cards are considered bank checks; amending s. 106.141,
   80         F.S.; prohibiting a candidate from giving more than a
   81         specified amount of surplus funds to an affiliated
   82         party committee or political party; increasing the
   83         amount of funds that certain candidates may transfer
   84         to an office account; specifying permissible expenses
   85         with office account funds; defining the term “same
   86         office”; modifying requirements and conditions for
   87         disposing of and transferring surplus funds;
   88         authorizing certain candidates to retain a specified
   89         amount of funds for reelection to the same office;
   90         establishing requirements and conditions for retained
   91         funds; providing procedures for disposition of
   92         retained funds in certain circumstances; making
   93         changes to conform to the act; reenacting and amending
   94         s. 106.29, F.S.; revising reporting requirements for
   95         political parties and affiliated party committees;
   96         requiring the Division of Elections to submit a
   97         proposal for a mandatory statewide electronic filing
   98         system for certain state and local candidates to the
   99         Legislature by a specified date; amending ss. 101.62,
  100         102.031, 106.087, 106.12, 106.147, 106.17, 106.23,
  101         106.265, 106.27, 106.32, 106.33, 111.075, 112.3148,
  102         112.3149, 1004.28, 1004.70, and 1004.71, F.S.;
  103         conforming provisions and cross-references to changes
  104         made by the act; reenacting s. 106.075(2), F.S.,
  105         relating to contributions made to pay back campaign
  106         loans incurred, to incorporate the amendment made to
  107         s. 106.08, F.S., in a reference thereto; reenacting s.
  108         106.19, F.S., relating to criminal and enhanced civil
  109         penalties for certain campaign finance violations, to
  110         incorporate the amendments made to ss. 106.08 and
  111         106.11, F.S., in references thereto; providing an
  112         effective date.
  113  
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Section 106.04, Florida Statutes, is repealed.
  117         Section 2. (1) Effective August 1, 2013, a committee of
  118  continuous existence may not accept a contribution as defined in
  119  s. 106.011, Florida Statutes. By July 15, 2013, the Division of
  120  Elections of the Department of State shall notify each committee
  121  of continuous existence of the prohibition on accepting such a
  122  contribution as provided under this subsection.
  123         (2) Effective September 30, 2013, the certification of each
  124  committee of continuous existence is revoked and all committee
  125  accounts must have a zero balance. By July 15, 2013, the
  126  Division of Elections of the Department of State shall notify
  127  each committee of continuous existence of the revocation of its
  128  certification pursuant to this subsection. Following the
  129  revocation of certification, each committee of continuous
  130  existence shall file any outstanding report as required by law.
  131         (3)(a) A violation of this section or any other provision
  132  of chapter 106 constitutes a violation of chapter 106 regardless
  133  of whether the committee of continuous existence is legally
  134  dissolved.
  135         (b) A political committee or electioneering communications
  136  organization that has received funds from a committee of
  137  continuous existence whose certification has been revoked and
  138  that is directly or indirectly established, maintained, or
  139  controlled by the same individual or group as the former
  140  committee of continuous existence, is responsible for any unpaid
  141  fine or penalty incurred by the former committee of continuous
  142  existence. If no such political committee or electioneering
  143  communications organization exists, the principal officers of
  144  the former committee of continuous existence shall be jointly
  145  and severally liable for any fine or penalty.
  146         (4) Notwithstanding any other provision of law, a committee
  147  of continuous existence may make unlimited contributions to a
  148  political committee.
  149         (5) This section shall be effective upon this act becoming
  150  a law.
  151         Section 3. Section 106.011, Florida Statutes, is reordered
  152  and amended to read:
  153         106.011 Definitions.—As used in this chapter, the following
  154  terms have the following meanings unless the context clearly
  155  indicates otherwise:
  156         (16)(1)(a) “Political committee” means:
  157         1. A combination of two or more individuals, or a person
  158  other than an individual, that, in an aggregate amount in excess
  159  of $500 during a single calendar year:
  160         a. Accepts contributions for the purpose of making
  161  contributions to any candidate, political committee, committee
  162  of continuous existence, affiliated party committee, or
  163  political party;
  164         b. Accepts contributions for the purpose of expressly
  165  advocating the election or defeat of a candidate or the passage
  166  or defeat of an issue;
  167         c. Makes expenditures that expressly advocate the election
  168  or defeat of a candidate or the passage or defeat of an issue;
  169  or
  170         d. Makes contributions to a common fund, other than a joint
  171  checking account between spouses, from which contributions are
  172  made to any candidate, political committee, committee of
  173  continuous existence, affiliated party committee, or political
  174  party;
  175         2. The sponsor of a proposed constitutional amendment by
  176  initiative who intends to seek the signatures of registered
  177  electors.
  178         (b) Notwithstanding paragraph (a), the following entities
  179  are not considered political committees for purposes of this
  180  chapter:
  181         1. Organizations which are certified by the Department of
  182  State as committees of continuous existence pursuant to s.
  183  106.04, National political parties, the state and county
  184  executive committees of political parties, and affiliated party
  185  committees regulated by chapter 103.
  186         2. Corporations regulated by chapter 607 or chapter 617 or
  187  other business entities formed for purposes other than to
  188  support or oppose issues or candidates, if their political
  189  activities are limited to contributions to candidates, political
  190  parties, affiliated party committees, or political committees or
  191  expenditures in support of or opposition to an issue from
  192  corporate or business funds and if no contributions are received
  193  by such corporations or business entities.
  194         3. Electioneering communications organizations as defined
  195  in subsection (9) (19).
  196         (2) “Committee of continuous existence” means any group,
  197  organization, association, or other such entity which is
  198  certified pursuant to the provisions of s. 106.04.
  199         (5)(3) “Contribution” means:
  200         (a) A gift, subscription, conveyance, deposit, loan,
  201  payment, or distribution of money or anything of value,
  202  including contributions in kind having an attributable monetary
  203  value in any form, made for the purpose of influencing the
  204  results of an election or making an electioneering
  205  communication.
  206         (b) A transfer of funds between political committees,
  207  between committees of continuous existence, between
  208  electioneering communications organizations, or between any
  209  combination of these groups.
  210         (c) The payment, by a any person other than a candidate or
  211  political committee, of compensation for the personal services
  212  of another person which are rendered to a candidate or political
  213  committee without charge to the candidate or committee for such
  214  services.
  215         (d) The transfer of funds by a campaign treasurer or deputy
  216  campaign treasurer between a primary depository and a separate
  217  interest-bearing account or certificate of deposit, and the term
  218  includes any interest earned on such account or certificate.
  219  
  220  Notwithstanding the foregoing meanings of “contribution,” the
  221  term may not be construed to include services, including, but
  222  not limited to, legal and accounting services, provided without
  223  compensation by individuals volunteering a portion or all of
  224  their time on behalf of a candidate or political committee or
  225  editorial endorsements.
  226         (10)(4)(a) “Expenditure” means a purchase, payment,
  227  distribution, loan, advance, transfer of funds by a campaign
  228  treasurer or deputy campaign treasurer between a primary
  229  depository and a separate interest-bearing account or
  230  certificate of deposit, or gift of money or anything of value
  231  made for the purpose of influencing the results of an election
  232  or making an electioneering communication. However,
  233  “expenditure” does not include a purchase, payment,
  234  distribution, loan, advance, or gift of money or anything of
  235  value made for the purpose of influencing the results of an
  236  election when made by an organization, in existence before prior
  237  to the time during which a candidate qualifies or an issue is
  238  placed on the ballot for that election, for the purpose of
  239  printing or distributing such organization’s newsletter,
  240  containing a statement by such organization in support of or
  241  opposition to a candidate or issue, which newsletter is
  242  distributed only to members of such organization.
  243         (b) As used in this chapter, an “expenditure” for an
  244  electioneering communication is made when the earliest of the
  245  following occurs:
  246         1. A person enters into a contract for applicable goods or
  247  services;
  248         2. A person makes payment, in whole or in part, for the
  249  production or public dissemination of applicable goods or
  250  services; or
  251         3. The electioneering communication is publicly
  252  disseminated.
  253         (12)(5)(a) “Independent expenditure” means an expenditure
  254  by a person for the purpose of expressly advocating the election
  255  or defeat of a candidate or the approval or rejection of an
  256  issue, which expenditure is not controlled by, coordinated with,
  257  or made upon consultation with, any candidate, political
  258  committee, or agent of such candidate or committee. An
  259  expenditure for such purpose by a person having a contract with
  260  the candidate, political committee, or agent of such candidate
  261  or committee in a given election period is shall not be deemed
  262  an independent expenditure.
  263         (b) An expenditure for the purpose of expressly advocating
  264  the election or defeat of a candidate which is made by the
  265  national, state, or county executive committee of a political
  266  party, including any subordinate committee of the political
  267  party, an affiliated party committee, a political committee, a
  268  committee of continuous existence, or any other person is shall
  269  not be considered an independent expenditure if the committee or
  270  person:
  271         1. Communicates with the candidate, the candidate’s
  272  campaign, or an agent of the candidate acting on behalf of the
  273  candidate, including a any pollster, media consultant,
  274  advertising agency, vendor, advisor, or staff member, concerning
  275  the preparation of, use of, or payment for, the specific
  276  expenditure or advertising campaign at issue; or
  277         2. Makes a payment in cooperation, consultation, or concert
  278  with, at the request or suggestion of, or pursuant to a any
  279  general or particular understanding with the candidate, the
  280  candidate’s campaign, a political committee supporting the
  281  candidate, or an agent of the candidate relating to the specific
  282  expenditure or advertising campaign at issue; or
  283         3. Makes a payment for the dissemination, distribution, or
  284  republication, in whole or in part, of a any broadcast or a any
  285  written, graphic, or other form of campaign material prepared by
  286  the candidate, the candidate’s campaign, or an agent of the
  287  candidate, including a any pollster, media consultant,
  288  advertising agency, vendor, advisor, or staff member; or
  289         4. Makes a payment based on information about the
  290  candidate’s plans, projects, or needs communicated to a member
  291  of the committee or person by the candidate or an agent of the
  292  candidate, provided the committee or person uses the information
  293  in any way, in whole or in part, either directly or indirectly,
  294  to design, prepare, or pay for the specific expenditure or
  295  advertising campaign at issue; or
  296         5. After the last day of the qualifying period prescribed
  297  for the candidate, consults about the candidate’s plans,
  298  projects, or needs in connection with the candidate’s pursuit of
  299  election to office and the information is used in any way to
  300  plan, create, design, or prepare an independent expenditure or
  301  advertising campaign, with:
  302         a. An Any officer, director, employee, or agent of a
  303  national, state, or county executive committee of a political
  304  party or an affiliated party committee that has made or intends
  305  to make expenditures in connection with or contributions to the
  306  candidate; or
  307         b. A Any person whose professional services have been
  308  retained by a national, state, or county executive committee of
  309  a political party or an affiliated party committee that has made
  310  or intends to make expenditures in connection with or
  311  contributions to the candidate; or
  312         6. After the last day of the qualifying period prescribed
  313  for the candidate, retains the professional services of a any
  314  person also providing those services to the candidate in
  315  connection with the candidate’s pursuit of election to office;
  316  or
  317         7. Arranges, coordinates, or directs the expenditure, in
  318  any way, with the candidate or an agent of the candidate.
  319         (7)(6) “Election” means a any primary election, special
  320  primary election, general election, special election, or
  321  municipal election held in this state for the purpose of
  322  nominating or electing candidates to public office, choosing
  323  delegates to the national nominating conventions of political
  324  parties, selecting a member of a political party executive
  325  committee, or submitting an issue to the electors for their
  326  approval or rejection.
  327         (13)(7) “Issue” means a any proposition that which is
  328  required by the State Constitution, by law or resolution of the
  329  Legislature, or by the charter, ordinance, or resolution of a
  330  any political subdivision of this state to be submitted to the
  331  electors for their approval or rejection at an election, or a
  332  any proposition for which a petition is circulated in order to
  333  have such proposition placed on the ballot at an any election.
  334         (14)(8) “Person” means an individual or a corporation,
  335  association, firm, partnership, joint venture, joint stock
  336  company, club, organization, estate, trust, business trust,
  337  syndicate, or other combination of individuals having collective
  338  capacity. The term includes a political party, affiliated party
  339  committee, or political committee, or committee of continuous
  340  existence.
  341         (2)(9) “Campaign treasurer” means an individual appointed
  342  by a candidate or political committee as provided in this
  343  chapter.
  344         (17)(10) “Public office” means a any state, county,
  345  municipal, or school or other district office or position that
  346  which is filled by vote of the electors.
  347         (1)(11) “Campaign fund raiser” means an any affair held to
  348  raise funds to be used in a campaign for public office.
  349         (6)(12) “Division” means the Division of Elections of the
  350  Department of State.
  351         (4)(13) “Communications media” means broadcasting stations,
  352  newspapers, magazines, outdoor advertising facilities, printers,
  353  direct mail, advertising agencies, the Internet, and telephone
  354  companies; but with respect to telephones, an expenditure is
  355  shall be deemed to be an expenditure for the use of
  356  communications media only if made for the costs of telephones,
  357  paid telephonists, or automatic telephone equipment to be used
  358  by a candidate or a political committee to communicate with
  359  potential voters but excluding the any costs of telephones
  360  incurred by a volunteer for use of telephones by such volunteer;
  361  however, with respect to the Internet, an expenditure is shall
  362  be deemed an expenditure for use of communications media only if
  363  made for the cost of creating or disseminating a message on a
  364  computer information system accessible by more than one person
  365  but excluding internal communications of a campaign or of any
  366  group.
  367         (11)(14) “Filing officer” means the person before whom a
  368  candidate qualifies, or the agency or officer with whom a
  369  political committee or an electioneering communications
  370  organization registers, or the agency by whom a committee of
  371  continuous existence is certified.
  372         (18)(15) “Unopposed candidate” means a candidate for
  373  nomination or election to an office who, after the last day on
  374  which a any person, including a write-in candidate, may qualify,
  375  is without opposition in the election at which the office is to
  376  be filled or who is without such opposition after such date as a
  377  result of a any primary election or of withdrawal by other
  378  candidates seeking the same office. A candidate is not an
  379  unopposed candidate if there is a vacancy to be filled under s.
  380  100.111(3), if there is a legal proceeding pending regarding the
  381  right to a ballot position for the office sought by the
  382  candidate, or if the candidate is seeking retention as a justice
  383  or judge.
  384         (3)(16) “Candidate” means a any person to whom any one or
  385  more of the following applies apply:
  386         (a) A Any person who seeks to qualify for nomination or
  387  election by means of the petitioning process.
  388         (b) A Any person who seeks to qualify for election as a
  389  write-in candidate.
  390         (c) A Any person who receives contributions or makes
  391  expenditures, or consents for any other person to receive
  392  contributions or make expenditures, with a view to bring about
  393  his or her nomination or election to, or retention in, public
  394  office.
  395         (d) A Any person who appoints a treasurer and designates a
  396  primary depository.
  397         (e) A Any person who files qualification papers and
  398  subscribes to a candidate’s oath as required by law.
  399  
  400  However, this definition does not include any candidate for a
  401  political party executive committee. Expenditures related to
  402  potential candidate polls as provided in s. 106.17 are not
  403  contributions or expenditures for purposes of this subsection.
  404         (15)(17) “Political advertisement” means a paid expression
  405  in a any communications media prescribed in subsection (4) (13),
  406  whether radio, television, newspaper, magazine, periodical,
  407  campaign literature, direct mail, or display or by means other
  408  than the spoken word in direct conversation, which expressly
  409  advocates the election or defeat of a candidate or the approval
  410  or rejection of an issue. However, political advertisement does
  411  not include:
  412         (a) A statement by an organization, in existence before
  413  prior to the time during which a candidate qualifies or an issue
  414  is placed on the ballot for that election, in support of or
  415  opposition to a candidate or issue, in that organization’s
  416  newsletter, which newsletter is distributed only to the members
  417  of that organization.
  418         (b) Editorial endorsements by a any newspaper, a radio or
  419  television station, or any other recognized news medium.
  420         (8)(18)(a) “Electioneering communication” means any
  421  communication that is publicly distributed by a television
  422  station, radio station, cable television system, satellite
  423  system, newspaper, magazine, direct mail, or telephone and that:
  424         1. Refers to or depicts a clearly identified candidate for
  425  office without expressly advocating the election or defeat of a
  426  candidate but that is susceptible of no reasonable
  427  interpretation other than an appeal to vote for or against a
  428  specific candidate;
  429         2. Is made within 30 days before a primary or special
  430  primary election or 60 days before any other election for the
  431  office sought by the candidate; and
  432         3. Is targeted to the relevant electorate in the geographic
  433  area the candidate would represent if elected.
  434         (b) The term “electioneering communication” does not
  435  include:
  436         1. A communication disseminated through a means of
  437  communication other than a television station, radio station,
  438  cable television system, satellite system, newspaper, magazine,
  439  direct mail, telephone, or statement or depiction by an
  440  organization, in existence before prior to the time during which
  441  a candidate named or depicted qualifies for that election, made
  442  in that organization’s newsletter, which newsletter is
  443  distributed only to members of that organization.
  444         2. A communication in a news story, commentary, or
  445  editorial distributed through the facilities of a any radio
  446  station, television station, cable television system, or
  447  satellite system, unless the facilities are owned or controlled
  448  by a any political party, political committee, or candidate. A
  449  news story distributed through the facilities owned or
  450  controlled by a any political party, political committee, or
  451  candidate may nevertheless be exempt if it represents a bona
  452  fide news account communicated through a licensed broadcasting
  453  facility and the communication is part of a general pattern of
  454  campaign-related news accounts that give reasonably equal
  455  coverage to all opposing candidates in the area.
  456         3. A communication that constitutes a public debate or
  457  forum that includes at least two opposing candidates for an
  458  office or one advocate and one opponent of an issue, or that
  459  solely promotes such a debate or forum and is made by or on
  460  behalf of the person sponsoring the debate or forum, provided
  461  that:
  462         a. The staging organization is either:
  463         (I) A charitable organization that does not make other
  464  electioneering communications and does not otherwise support or
  465  oppose any political candidate or political party; or
  466         (II) A newspaper, radio station, television station, or
  467  other recognized news medium; and
  468         b. The staging organization does not structure the debate
  469  to promote or advance one candidate or issue position over
  470  another.
  471         (c) For purposes of this chapter, an expenditure made for,
  472  or in furtherance of, an electioneering communication is shall
  473  not be considered a contribution to or on behalf of any
  474  candidate.
  475         (d) For purposes of this chapter, an electioneering
  476  communication does shall not constitute an independent
  477  expenditure and is not nor be subject to the limitations
  478  applicable to independent expenditures.
  479         (9)(19) “Electioneering communications organization” means
  480  any group, other than a political party, affiliated party
  481  committee, or political committee, or committee of continuous
  482  existence, whose election-related activities are limited to
  483  making expenditures for electioneering communications or
  484  accepting contributions for the purpose of making electioneering
  485  communications and whose activities would not otherwise require
  486  the group to register as a political party, or political
  487  committee, or committee of continuous existence under this
  488  chapter.
  489         Section 4. Paragraph (a) of subsection (1) and paragraph
  490  (d) of subsection (3) of section 106.021, Florida Statutes, are
  491  amended to read:
  492         106.021 Campaign treasurers; deputies; primary and
  493  secondary depositories.—
  494         (1)(a) Each candidate for nomination or election to office
  495  and each political committee shall appoint a campaign treasurer.
  496  Each person who seeks to qualify for nomination or election to,
  497  or retention in, office shall appoint a campaign treasurer and
  498  designate a primary campaign depository before prior to
  499  qualifying for office. Any person who seeks to qualify for
  500  election or nomination to any office by means of the petitioning
  501  process shall appoint a treasurer and designate a primary
  502  depository on or before the date he or she obtains the
  503  petitions. Each candidate shall At the same time a candidate he
  504  or she designates a campaign depository and appoints a
  505  treasurer, the candidate shall also designate the office for
  506  which he or she is a candidate. If the candidate is running for
  507  an office that which will be grouped on the ballot with two or
  508  more similar offices to be filled at the same election, the
  509  candidate must indicate for which group or district office he or
  510  she is running. Nothing in This subsection does not shall
  511  prohibit a candidate, at a later date, from changing the
  512  designation of the office for which he or she is a candidate.
  513  However, if a candidate changes the designated office for which
  514  he or she is a candidate, the candidate must notify all
  515  contributors in writing of the intent to seek a different office
  516  and offer to return pro rata, upon their request, those
  517  contributions given in support of the original office sought.
  518  This notification shall be given within 15 days after the filing
  519  of the change of designation and shall include a standard form
  520  developed by the Division of Elections for requesting the return
  521  of contributions. The notice requirement does shall not apply to
  522  any change in a numerical designation resulting solely from
  523  redistricting. If, within 30 days after being notified by the
  524  candidate of the intent to seek a different office, the
  525  contributor notifies the candidate in writing that the
  526  contributor wishes his or her contribution to be returned, the
  527  candidate shall return the contribution, on a pro rata basis,
  528  calculated as of the date the change of designation is filed. Up
  529  to a maximum of the contribution limits specified in s. 106.08,
  530  a candidate who runs for an office other than the office
  531  originally designated may use any contribution that a donor does
  532  not request Any contributions not requested to be returned
  533  within the 30-day period for the newly designated office,
  534  provided the candidate disposes of any amount exceeding the
  535  contribution limit pursuant to the options in s. 106.11(5)(b)
  536  and (c) or s. 106.141(4)(a)1., s. 106.141(4)(a)2., or s.
  537  106.141(4)(a)4.; notwithstanding, the full amount of the
  538  contribution for the original office shall count toward the
  539  contribution limits specified in s. 106.08 for the newly
  540  designated office may be used by the candidate for the newly
  541  designated office. A No person may not shall accept any
  542  contribution or make any expenditure with a view to bringing
  543  about his or her nomination, election, or retention in public
  544  office, or authorize another to accept such contributions or
  545  make such expenditure on the person’s behalf, unless such person
  546  has appointed a campaign treasurer and designated a primary
  547  campaign depository. A candidate for an office voted upon
  548  statewide may appoint not more than 15 deputy campaign
  549  treasurers, and any other candidate or political committee may
  550  appoint not more than 3 deputy campaign treasurers. The names
  551  and addresses of the campaign treasurer and deputy campaign
  552  treasurers so appointed shall be filed with the officer before
  553  whom such candidate is required to qualify or with whom such
  554  political committee is required to register pursuant to s.
  555  106.03.
  556         (3) No contribution or expenditure, including contributions
  557  or expenditures of a candidate or of the candidate’s family,
  558  shall be directly or indirectly made or received in furtherance
  559  of the candidacy of any person for nomination or election to
  560  political office in the state or on behalf of any political
  561  committee except through the duly appointed campaign treasurer
  562  of the candidate or political committee, subject to the
  563  following exceptions:
  564         (d) Expenditures made directly by any political committee,
  565  affiliated party committee, or political party regulated by
  566  chapter 103 for obtaining time, space, or services in or by any
  567  communications medium for the purpose of jointly endorsing three
  568  or more candidates, and any such expenditure may shall not be
  569  considered a contribution or expenditure to or on behalf of any
  570  such candidates for the purposes of this chapter.
  571         Section 5. Subsection (1) of section 106.022, Florida
  572  Statutes, is amended to read:
  573         106.022 Appointment of a registered agent; duties.—
  574         (1) Each political committee, committee of continuous
  575  existence, or electioneering communications organization shall
  576  have and continuously maintain in this state a registered office
  577  and a registered agent and must file with the filing officer a
  578  statement of appointment for the registered office and
  579  registered agent. The statement of appointment must:
  580         (a) Provide the name of the registered agent and the street
  581  address and phone number for the registered office;
  582         (b) Identify the entity for whom the registered agent
  583  serves;
  584         (c) Designate the address the registered agent wishes to
  585  use to receive mail;
  586         (d) Include the entity’s undertaking to inform the filing
  587  officer of any change in such designated address;
  588         (e) Provide for the registered agent’s acceptance of the
  589  appointment, which must confirm that the registered agent is
  590  familiar with and accepts the obligations of the position as set
  591  forth in this section; and
  592         (f) Contain the signature of the registered agent and the
  593  entity engaging the registered agent.
  594         Section 6. Paragraph (c) of subsection (1) of section
  595  106.025, Florida Statutes, is amended to read:
  596         106.025 Campaign fund raisers.—
  597         (1)
  598         (c) Any tickets or advertising for such a campaign fund
  599  raiser must comply with is exempt from the requirements of s.
  600  106.143.
  601         Section 7. Paragraph (b) of subsection (1) and subsection
  602  (2) of section 106.03, Florida Statutes, are amended to read:
  603         106.03 Registration of political committees and
  604  electioneering communications organizations.—
  605         (1)
  606         (b)1. Each group shall file a statement of organization as
  607  an electioneering communications organization within 24 hours
  608  after the date on which it makes expenditures for an
  609  electioneering communication in excess of $5,000, if such
  610  expenditures are made within the timeframes specified in s.
  611  106.011(8)(a)2. 106.011(18)(a)2. If the group makes expenditures
  612  for an electioneering communication in excess of $5,000 before
  613  the timeframes specified in s. 106.011(8)(a)2. 106.011(18)(a)2.,
  614  it shall file the statement of organization within 24 hours
  615  after the 30th day before a primary or special primary election,
  616  or within 24 hours after the 60th day before any other election,
  617  whichever is applicable.
  618         2.a. In a statewide, legislative, or multicounty election,
  619  an electioneering communications organization shall file a
  620  statement of organization with the Division of Elections.
  621         b. In a countywide election or any election held on less
  622  than a countywide basis, except as described in sub-subparagraph
  623  c., an electioneering communications organization shall file a
  624  statement of organization with the supervisor of elections of
  625  the county in which the election is being held.
  626         c. In a municipal election, an electioneering
  627  communications organization shall file a statement of
  628  organization with the officer before whom municipal candidates
  629  qualify.
  630         d. Any electioneering communications organization that
  631  would be required to file a statement of organization in two or
  632  more locations need only file a statement of organization with
  633  the Division of Elections.
  634         (2) The statement of organization shall include:
  635         (a) The name, mailing address, and street address of the
  636  committee or electioneering communications organization;
  637         (b) The names, street addresses, and relationships of
  638  affiliated or connected organizations, including any affiliated
  639  sponsors;
  640         (c) The area, scope, or jurisdiction of the committee or
  641  electioneering communications organization;
  642         (d) The name, mailing address, street address, and position
  643  of the custodian of books and accounts;
  644         (e) The name, mailing address, street address, and position
  645  of other principal officers, including the treasurer and deputy
  646  treasurer, if any;
  647         (f) The name, address, office sought, and party affiliation
  648  of:
  649         1. Each candidate whom the committee is supporting;
  650         2. Any other individual, if any, whom the committee is
  651  supporting for nomination for election, or election, to any
  652  public office whatever;
  653         (g) Any issue or issues the committee is supporting or
  654  opposing;
  655         (h) If the committee is supporting the entire ticket of any
  656  party, a statement to that effect and the name of the party;
  657         (i) A statement of whether the committee is a continuing
  658  one;
  659         (j) Plans for the disposition of residual funds which will
  660  be made in the event of dissolution;
  661         (k) A listing of all banks, safe-deposit boxes, or other
  662  depositories used for committee or electioneering communications
  663  organization funds;
  664         (l) A statement of the reports required to be filed by the
  665  committee or the electioneering communications organization with
  666  federal officials, if any, and the names, addresses, and
  667  positions of such officials; and
  668         (m) A statement of whether the electioneering
  669  communications organization was formed as a newly created
  670  organization during the current calendar quarter or was formed
  671  from an organization existing prior to the current calendar
  672  quarter. For purposes of this subsection, calendar quarters end
  673  the last day of March, June, September, and December.
  674         Section 8. Section 106.05, Florida Statutes, is amended to
  675  read:
  676         106.05 Deposit of contributions; statement of campaign
  677  treasurer.—All funds received by the campaign treasurer of any
  678  candidate or political committee shall, prior to the end of the
  679  5th business day following the receipt thereof, Saturdays,
  680  Sundays, and legal holidays excluded, be deposited in a campaign
  681  depository designated pursuant to s. 106.021, in an account that
  682  contains the designated “...(name of the candidate or
  683  committee.)... Campaign Account.” Except for contributions to
  684  political committees made by payroll deduction, all deposits
  685  shall be accompanied by a bank deposit slip containing the name
  686  of each contributor and the amount contributed by each. If a
  687  contribution is deposited in a secondary campaign depository,
  688  the depository shall forward the full amount of the deposit,
  689  along with a copy of the deposit slip accompanying the deposit,
  690  to the primary campaign depository prior to the end of the 1st
  691  business day following the deposit.
  692         Section 9. Section 106.07, Florida Statutes, is reenacted
  693  and amended to read:
  694         106.07 Reports; certification and filing.—
  695         (1) Each campaign treasurer designated by a candidate or
  696  political committee pursuant to s. 106.021 shall file regular
  697  reports of all contributions received, and all expenditures
  698  made, by or on behalf of such candidate or political committee.
  699  Except as provided in paragraphs (a) and (b) for the third
  700  calendar quarter immediately preceding a general election,
  701  reports shall be filed on the 10th day following the end of each
  702  calendar month quarter from the time the campaign treasurer is
  703  appointed, except that, if the 10th day following the end of a
  704  calendar month quarter occurs on a Saturday, Sunday, or legal
  705  holiday, the report shall be filed on the next following day
  706  that which is not a Saturday, Sunday, or legal holiday. Monthly
  707  Quarterly reports shall include all contributions received and
  708  expenditures made during the calendar month quarter which have
  709  not otherwise been reported pursuant to this section.
  710         (a) A statewide candidate or a political committee required
  711  to file reports with the division must file reports:
  712         1. On the 60th day immediately preceding the primary
  713  election, and each week thereafter, with the last weekly report
  714  being filed on the 11th day immediately preceding the general
  715  election.
  716         2. On the 10th day immediately preceding the general
  717  election, and each day thereafter, with the last daily report
  718  being filed the 4th day before the general election Except as
  719  provided in paragraph (b), the reports shall also be filed on
  720  the 32nd, 18th, and 4th days immediately preceding the primary
  721  and on the 46th, 32nd, 18th, and 4th days immediately preceding
  722  the election, for a candidate who is opposed in seeking
  723  nomination or election to any office, for a political committee,
  724  or for a committee of continuous existence.
  725         (b) Any other candidate or a political committee required
  726  to file reports with a filing officer other than the division
  727  must file reports on the 60th day immediately preceding the
  728  primary election, and biweekly on each Friday thereafter through
  729  and including the 4th day immediately preceding the general
  730  election, with additional reports due on the 25th and 11th days
  731  before the primary election and the general election Any
  732  statewide candidate who has requested to receive contributions
  733  pursuant to the Florida Election Campaign Financing Act or any
  734  statewide candidate in a race with a candidate who has requested
  735  to receive contributions pursuant to the act shall also file
  736  reports on the 4th, 11th, 18th, 25th, and 32nd days prior to the
  737  primary election, and on the 4th, 11th, 18th, 25th, 32nd, 39th,
  738  46th, and 53rd days prior to the general election.
  739         (c) Following the last day of qualifying for office, any
  740  unopposed candidate need only file a report within 90 days after
  741  the date such candidate became unopposed. Such report shall
  742  contain all previously unreported contributions and expenditures
  743  as required by this section and shall reflect disposition of
  744  funds as required by s. 106.141.
  745         (d)1. When a special election is called to fill a vacancy
  746  in office, all political committees making contributions or
  747  expenditures to influence the results of such special election
  748  or the preceding special primary election shall file campaign
  749  treasurers’ reports with the filing officer on the dates set by
  750  the Department of State pursuant to s. 100.111.
  751         2. When an election is called for an issue to appear on the
  752  ballot at a time when no candidates are scheduled to appear on
  753  the ballot, all political committees making contributions or
  754  expenditures in support of or in opposition to such issue shall
  755  file reports on the 18th and 4th days before prior to such
  756  election.
  757         (e) The filing officer shall provide each candidate with a
  758  schedule designating the beginning and end of reporting periods
  759  as well as the corresponding designated due dates.
  760         (2)(a)1. All reports required of a candidate by this
  761  section shall be filed with the officer before whom the
  762  candidate is required by law to qualify. All candidates who file
  763  with the Department of State shall file their reports pursuant
  764  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  765  be filed not later than 5 p.m. of the day designated; however,
  766  any report postmarked by the United States Postal Service no
  767  later than midnight of the day designated is shall be deemed to
  768  have been filed in a timely manner. Any report received by the
  769  filing officer within 5 days after the designated due date that
  770  was delivered by the United States Postal Service is shall be
  771  deemed timely filed unless it has a postmark that indicates that
  772  the report was mailed after the designated due date. A
  773  certificate of mailing obtained from and dated by the United
  774  States Postal Service at the time of mailing, or a receipt from
  775  an established courier company, which bears a date on or before
  776  the date on which the report is due, suffices as shall be proof
  777  of mailing in a timely manner. Reports must shall contain
  778  information on of all previously unreported contributions
  779  received and expenditures made as of the preceding Friday,
  780  except that the report filed on the Friday immediately preceding
  781  the election must shall contain information on of all previously
  782  unreported contributions received and expenditures made as of
  783  the day preceding that designated due date. All such reports are
  784  shall be open to public inspection.
  785         2. This subsection does not prohibit the governing body of
  786  a political subdivision, by ordinance or resolution, from
  787  imposing upon its own officers and candidates electronic filing
  788  requirements not in conflict with s. 106.0705. Expenditure of
  789  public funds for such purpose is deemed to be for a valid public
  790  purpose.
  791         (b)1. Any report that is deemed to be incomplete by the
  792  officer with whom the candidate qualifies must shall be accepted
  793  on a conditional basis. The campaign treasurer shall be notified
  794  by certified mail or by another method using a common carrier
  795  that provides a proof of delivery of the notice as to why the
  796  report is incomplete and within 7 days after receipt of such
  797  notice must file an addendum to the report providing all
  798  information necessary to complete the report in compliance with
  799  this section. Failure to file a complete report after such
  800  notice constitutes a violation of this chapter.
  801         2. Notice is deemed complete upon proof of delivery of a
  802  written notice to the mailing or street address of the campaign
  803  treasurer or registered agent of record with the filing officer.
  804         (3) Reports required of a political committee shall be
  805  filed with the agency or officer before whom such committee
  806  registers pursuant to s. 106.03(3) and shall be subject to the
  807  same filing conditions as established for candidates’ reports.
  808  Incomplete reports by political committees shall be treated in
  809  the manner provided for incomplete reports by candidates in
  810  subsection (2).
  811         (4)(a) Except as provided in paragraph (b), each report
  812  required by this section must contain:
  813         1. The full name, address, and occupation, if any of each
  814  person who has made one or more contributions to or for such
  815  committee or candidate within the reporting period, together
  816  with the amount and date of such contributions. For
  817  corporations, the report must provide as clear a description as
  818  practicable of the principal type of business conducted by the
  819  corporation. However, if the contribution is $100 or less or is
  820  from a relative, as defined in s. 112.312, provided that the
  821  relationship is reported, the occupation of the contributor or
  822  the principal type of business need not be listed.
  823         2. The name and address of each political committee from
  824  which the reporting committee or the candidate received, or to
  825  which the reporting committee or candidate made, any transfer of
  826  funds, together with the amounts and dates of all transfers.
  827         3. Each loan for campaign purposes to or from any person or
  828  political committee within the reporting period, together with
  829  the full names, addresses, and occupations, and principal places
  830  of business, if any, of the lender and endorsers, if any, and
  831  the date and amount of such loans.
  832         4. A statement of each contribution, rebate, refund, or
  833  other receipt not otherwise listed under subparagraphs 1.
  834  through 3.
  835         5. The total sums of all loans, in-kind contributions, and
  836  other receipts by or for such committee or candidate during the
  837  reporting period. The reporting forms shall be designed to
  838  elicit separate totals for in-kind contributions, loans, and
  839  other receipts.
  840         6. The full name and address of each person to whom
  841  expenditures have been made by or on behalf of the committee or
  842  candidate within the reporting period; the amount, date, and
  843  purpose of each such expenditure; and the name and address of,
  844  and office sought by, each candidate on whose behalf such
  845  expenditure was made. However, expenditures made from the petty
  846  cash fund provided by s. 106.12 need not be reported
  847  individually.
  848         7. The full name and address of each person to whom an
  849  expenditure for personal services, salary, or reimbursement for
  850  authorized expenses as provided in s. 106.021(3) has been made
  851  and which is not otherwise reported, including the amount, date,
  852  and purpose of such expenditure. However, expenditures made from
  853  the petty cash fund provided for in s. 106.12 need not be
  854  reported individually. Receipts for reimbursement for authorized
  855  expenditures shall be retained by the treasurer along with the
  856  records for the campaign account.
  857         8. The total amount withdrawn and the total amount spent
  858  for petty cash purposes pursuant to this chapter during the
  859  reporting period.
  860         9. The total sum of expenditures made by such committee or
  861  candidate during the reporting period.
  862         10. The amount and nature of debts and obligations owed by
  863  or to the committee or candidate, which relate to the conduct of
  864  any political campaign.
  865         11. Transaction information for each credit card purchase.
  866  Receipts for each credit card purchase shall be retained by the
  867  treasurer with the records for the campaign account.
  868         12. The amount and nature of any separate interest-bearing
  869  accounts or certificates of deposit and identification of the
  870  financial institution in which such accounts or certificates of
  871  deposit are located.
  872         13. The primary purposes of an expenditure made indirectly
  873  through a campaign treasurer pursuant to s. 106.021(3) for goods
  874  and services such as communications media placement or
  875  procurement services, campaign signs, insurance, and other
  876  expenditures that include multiple components as part of the
  877  expenditure. The primary purpose of an expenditure shall be that
  878  purpose, including integral and directly related components,
  879  that comprises 80 percent of such expenditure.
  880         (b) Multiple uniform contributions from the same person,
  881  aggregating no more than $250 per calendar year, collected by an
  882  organization that is the affiliated sponsor of a political
  883  committee, may be reported by the political committee in an
  884  aggregate amount listing the number of contributors together
  885  with the amount contributed by each and the total amount
  886  contributed during the reporting period. The identity of each
  887  person making such uniform contribution must be reported to the
  888  filing officer as provided in subparagraph (a)1. by July 1 of
  889  each calendar year, or, in a general election year, no later
  890  than the 60th day immediately preceding the primary election.
  891         (c)(b) The filing officer shall make available to any
  892  candidate or committee a reporting form which the candidate or
  893  committee may use to indicate contributions received by the
  894  candidate or committee but returned to the contributor before
  895  deposit.
  896         (5) The candidate and his or her campaign treasurer, in the
  897  case of a candidate, or the political committee chair and
  898  campaign treasurer of the committee, in the case of a political
  899  committee, shall certify as to the correctness of each report;
  900  and each person so certifying shall bear the responsibility for
  901  the accuracy and veracity of each report. Any campaign
  902  treasurer, candidate, or political committee chair who willfully
  903  certifies the correctness of any report while knowing that such
  904  report is incorrect, false, or incomplete commits a misdemeanor
  905  of the first degree, punishable as provided in s. 775.082 or s.
  906  775.083.
  907         (6) The records maintained by the campaign depository with
  908  respect to any campaign account regulated by this chapter are
  909  subject to inspection by an agent of the Division of Elections
  910  or the Florida Elections Commission at any time during normal
  911  banking hours, and such depository shall furnish certified
  912  copies of any of such records to the Division of Elections or
  913  Florida Elections Commission upon request.
  914         (7) Notwithstanding any other provisions of this chapter,
  915  in any reporting period during which a candidate or, political
  916  committee, or committee of continuous existence has not received
  917  funds, made any contributions, or expended any reportable funds,
  918  the filing of the required report for that period is waived.
  919  However, the next report filed must specify that the report
  920  covers the entire period between the last submitted report and
  921  the report being filed, and any candidate or, political
  922  committee, or committee of continuous existence not reporting by
  923  virtue of this subsection on dates prescribed elsewhere in this
  924  chapter shall notify the filing officer in writing on the
  925  prescribed reporting date that no report is being filed on that
  926  date.
  927         (8)(a) Any candidate or political committee failing to file
  928  a report on the designated due date is subject to a fine as
  929  provided in paragraph (b) for each late day, and, in the case of
  930  a candidate, such fine shall be paid only from personal funds of
  931  the candidate. The fine shall be assessed by the filing officer
  932  and the moneys collected shall be deposited:
  933         1. In the General Revenue Fund, in the case of a candidate
  934  for state office or a political committee that registers with
  935  the Division of Elections; or
  936         2. In the general revenue fund of the political
  937  subdivision, in the case of a candidate for an office of a
  938  political subdivision or a political committee that registers
  939  with an officer of a political subdivision.
  940  
  941  No separate fine shall be assessed for failure to file a copy of
  942  any report required by this section.
  943         (b) Upon determining that a report is late, the filing
  944  officer shall immediately notify the candidate or chair of the
  945  political committee as to the failure to file a report by the
  946  designated due date and that a fine is being assessed for each
  947  late day. The fine is shall be $50 per day for the first 3 days
  948  late and, thereafter, $500 per day for each late day, not to
  949  exceed 25 percent of the total receipts or expenditures,
  950  whichever is greater, for the period covered by the late report.
  951  However, for the reports immediately preceding each special
  952  primary election, special election, primary election, and
  953  general election, the fine is shall be $500 per day for each
  954  late day, not to exceed 25 percent of the total receipts or
  955  expenditures, whichever is greater, for the period covered by
  956  the late report. For reports required under s. 106.141(8)
  957  106.141(7), the fine is $50 per day for each late day, not to
  958  exceed 25 percent of the total receipts or expenditures,
  959  whichever is greater, for the period covered by the late report.
  960  Upon receipt of the report, the filing officer shall determine
  961  the amount of the fine which is due and shall notify the
  962  candidate or chair or registered agent of the political
  963  committee. The filing officer shall determine the amount of the
  964  fine due based upon the earliest of the following:
  965         1. When the report is actually received by such officer.
  966         2. When the report is postmarked.
  967         3. When the certificate of mailing is dated.
  968         4. When the receipt from an established courier company is
  969  dated.
  970         5. When the electronic receipt issued pursuant to s.
  971  106.0705 or other electronic filing system authorized in this
  972  section is dated.
  973  
  974  Such fine shall be paid to the filing officer within 20 days
  975  after receipt of the notice of payment due, unless appeal is
  976  made to the Florida Elections Commission pursuant to paragraph
  977  (c). Notice is deemed complete upon proof of delivery of written
  978  notice to the mailing or street address on record with the
  979  filing officer. In the case of a candidate, such fine is shall
  980  not be an allowable campaign expenditure and shall be paid only
  981  from personal funds of the candidate. An officer or member of a
  982  political committee is shall not be personally liable for such
  983  fine.
  984         (c) Any candidate or chair of a political committee may
  985  appeal or dispute the fine, based upon, but not limited to,
  986  unusual circumstances surrounding the failure to file on the
  987  designated due date, and may request and shall be entitled to a
  988  hearing before the Florida Elections Commission, which shall
  989  have the authority to waive the fine in whole or in part. The
  990  Florida Elections Commission must consider the mitigating and
  991  aggravating circumstances contained in s. 106.265(2) when
  992  determining the amount of a fine, if any, to be waived. Any such
  993  request shall be made within 20 days after receipt of the notice
  994  of payment due. In such case, the candidate or chair of the
  995  political committee shall, within the 20-day period, notify the
  996  filing officer in writing of his or her intention to bring the
  997  matter before the commission.
  998         (d) The appropriate filing officer shall notify the Florida
  999  Elections Commission of the repeated late filing by a candidate
 1000  or political committee, the failure of a candidate or political
 1001  committee to file a report after notice, or the failure to pay
 1002  the fine imposed. The commission shall investigate only those
 1003  alleged late filing violations specifically identified by the
 1004  filing officer and as set forth in the notification. Any other
 1005  alleged violations must be separately stated and reported by the
 1006  division to the commission under s. 106.25(2).
 1007         (9) The Department of State may prescribe by rule the
 1008  requirements for filing campaign treasurers’ reports as set
 1009  forth in this chapter.
 1010         Section 10. Section 106.0702, Florida Statutes, is created
 1011  to read:
 1012         106.0702Reporting; political party executive committee
 1013  candidates.—
 1014         (1) An individual seeking a publicly-elected position on a
 1015  political party executive committee who receives a contribution
 1016  or makes an expenditure shall file a report of all contributions
 1017  received, and all expenditures made. The report shall be filed
 1018  on the 4th day immediately preceding the primary election.
 1019         (2)(a) The report shall be filed with the supervisor of
 1020  elections of the appropriate county. Reports shall be filed no
 1021  later than 5 p.m. of the day designated; however, any report
 1022  postmarked by the United States Postal Service by the day
 1023  designated shall be deemed to have been filed in a timely
 1024  manner. Any report received by the filing officer within 5 days
 1025  after the designated due date shall be deemed timely filed
 1026  unless it has a postmark that indicates that the report was
 1027  mailed after the designated due date. A certificate of mailing
 1028  obtained from and dated by the United States Postal Service at
 1029  the time of mailing, or a receipt from an established courier
 1030  company, which bears a date on or before the date on which the
 1031  report is due is proof of mailing in a timely manner. The report
 1032  filed must contain information of all contributions received and
 1033  expenditures made as of the day preceding the designated due
 1034  date. All such reports must be open to public inspection.
 1035         (b) A reporting individual may submit the report required
 1036  under this section through an electronic filing system, if used
 1037  by the supervisor for other candidates, in order to satisfy the
 1038  filing requirement. Such reports shall be completed and filed
 1039  through the electronic filing system not later than midnight on
 1040  the 4th day immediately preceding the primary election.
 1041         (3)(a) A report that is deemed to be incomplete by the
 1042  supervisor shall be accepted on a conditional basis. The
 1043  supervisor shall send a notice to the reporting individual by
 1044  certified mail or by another method using a common carrier that
 1045  provides proof of delivery as to why the report is incomplete.
 1046  Within 7 days after receipt of such notice, the reporting
 1047  individual must file an addendum to the report providing all
 1048  information necessary to complete the report in compliance with
 1049  this section. Failure to file a complete report after such
 1050  notice constitutes a violation of this chapter.
 1051         (b) Notice is deemed complete upon proof of delivery of a
 1052  written notice to the mailing or street address which is on
 1053  record with the supervisor.
 1054         (4)(a) Each report required by this section must contain:
 1055         1. The full name, address, and occupation of each person
 1056  who has made one or more contributions to or for the reporting
 1057  individual within the reporting period, together with the amount
 1058  and date of such contributions. For corporations, the report
 1059  must provide as clear a description as practicable of the
 1060  principal type of business conducted by the corporations.
 1061  However, if the contribution is $100 or less or is from a
 1062  relative, as defined in s. 112.312, provided that the
 1063  relationship is reported, the occupation of the contributor or
 1064  the principal type of business need not be listed.
 1065         2. The name and address of each political committee from
 1066  which the reporting individual has received, or to which the
 1067  reporting individual has made, any transfer of funds within the
 1068  reporting period, together with the amounts and dates of all
 1069  transfers.
 1070         3. Each loan for campaign purposes from any person or
 1071  political committee within the reporting period, together with
 1072  the full name, address, and occupation, and principal place of
 1073  business, if any, of the lender and endorser, if any, and the
 1074  date and amount of such loans.
 1075         4. A statement of each contribution, rebate, refund, or
 1076  other receipt not otherwise listed under subparagraphs 1.-3.
 1077         5. The total sums of all loans, in-kind contributions, and
 1078  other receipts by or for such reporting individual during the
 1079  reporting period. The reporting forms shall be designed to
 1080  elicit separate totals for in-kind contributions, loans, and
 1081  other receipts.
 1082         6. The full name and address of each person to whom
 1083  expenditures have been made by or on behalf of the reporting
 1084  individual within the reporting period; the amount, date, and
 1085  purpose of each such expenditure; and the name and address of,
 1086  and office sought by, each reporting individual on whose behalf
 1087  such expenditure was made.
 1088         7. The amount and nature of debts and obligations owed by
 1089  or to the reporting individual which relate to the conduct of
 1090  any political campaign.
 1091         8. Transaction information for each credit card purchase.
 1092  Receipts for each credit card purchase shall be retained by the
 1093  reporting individual.
 1094         9. The amount and nature of any separate interest-bearing
 1095  accounts or certificates of deposit and identification of the
 1096  financial institution in which such accounts or certificates of
 1097  deposit are located.
 1098         (b) The supervisor shall make available to any reporting
 1099  individual a reporting form that the reporting individual may
 1100  use to indicate contributions received by the reporting
 1101  individual but returned to the contributor before deposit.
 1102         (5) The reporting individual shall certify as to the
 1103  correctness of the report and shall bear the responsibility for
 1104  the accuracy and veracity of each report. Any reporting
 1105  individual who willfully certifies the correctness of the report
 1106  while knowing that such report is incorrect, false, or
 1107  incomplete commits a misdemeanor of the first degree, punishable
 1108  as provided in s. 775.082 or s. 775.083.
 1109         (6) Notwithstanding any other provisions of this chapter,
 1110  the filing of the required report is waived if the reporting
 1111  individual has not received contributions or expended any
 1112  reportable funds.
 1113         (7)(a) A reporting individual who fails to file a report on
 1114  the designated due date is subject to a fine, and such fine
 1115  shall be paid only from personal funds of the reporting
 1116  individual. The fine shall be $50 per day for the first 3 days
 1117  late and, thereafter, $500 per day for each late day, not to
 1118  exceed 25 percent of the total receipts or expenditures,
 1119  whichever is greater. The fine shall be assessed by the
 1120  supervisor, and the moneys collected shall be deposited into the
 1121  general revenue fund of the political subdivision.
 1122         (b) The supervisor shall determine the amount of the fine
 1123  due based upon the earliest of the following:
 1124         1. When the report is actually received by the supervisor.
 1125         2. When the report is postmarked;
 1126         3. When the certificate of mailing is dated;
 1127         4. When the receipt from an established courier company is
 1128  dated; or
 1129         5. When the report is completed and filed through the
 1130  electronic filing system, if applicable.
 1131  
 1132  Such fine shall be paid to the supervisor within 20 days after
 1133  receipt of the notice of payment due unless appeal is made to
 1134  the Florida Elections Commission pursuant to paragraph (c).
 1135  Notice is deemed complete upon proof of delivery of written
 1136  notice to the mailing or street address on record with the
 1137  supervisor. Such fine may not be an allowable campaign
 1138  expenditure and shall be paid only from personal funds of the
 1139  reporting individual.
 1140         (c) A reporting individual may appeal or dispute the fine,
 1141  based upon, but not limited to, unusual circumstances
 1142  surrounding the failure to file on the designated due date, and
 1143  may request and is entitled to a hearing before the Florida
 1144  Elections Commission, which has the authority to waive the fine
 1145  in whole or in part. The Florida Elections Commission must
 1146  consider the mitigating and aggravating circumstances contained
 1147  in s. 106.265(2) when determining the amount of a fine, if any,
 1148  to be waived. Any such request shall be made within 20 days
 1149  after receipt of the notice of payment due. In such case, the
 1150  reporting individual must, within 20 days after receipt of the
 1151  notice, notify the supervisor in writing of his or her intention
 1152  to bring the matter before the commission.
 1153         (d) The appropriate supervisor shall notify the Florida
 1154  Elections Commission of the late filing by a reporting
 1155  individual, the failure of a reporting individual to file a
 1156  report after notice, or the failure to pay the fine imposed. The
 1157  commission shall investigate only those alleged late filing
 1158  violations specifically identified by the supervisor and as set
 1159  forth in the notification. Any other alleged violations must be
 1160  separately stated and reported by the division to the commission
 1161  under s. 106.25(2).
 1162         Section 11. Section 106.0703, Florida Statutes, is
 1163  reenacted and amended to read:
 1164         106.0703 Electioneering communications organizations;
 1165  reporting requirements; certification and filing; penalties.—
 1166         (1)(a) Each electioneering communications organization
 1167  shall file regular reports of all contributions received and all
 1168  expenditures made by or on behalf of the organization. Except as
 1169  provided in paragraphs (b) and (c), reports must shall be filed
 1170  on the 10th day following the end of each calendar month quarter
 1171  from the time the organization is registered. However, if the
 1172  10th day following the end of a calendar month quarter occurs on
 1173  a Saturday, Sunday, or legal holiday, the report must shall be
 1174  filed on the next following day that is not a Saturday, Sunday,
 1175  or legal holiday. Monthly Quarterly reports must shall include
 1176  all contributions received and expenditures made during the
 1177  calendar month quarter that have not otherwise been reported
 1178  pursuant to this section.
 1179         (b) For an electioneering communications organization
 1180  required to file reports with the division, reports must be
 1181  filed:
 1182         1. On the 60th day immediately preceding the primary
 1183  election, and each week thereafter, with the last weekly report
 1184  being filed on the 11th day immediately preceding the general
 1185  election.
 1186         2. On the 10th day immediately preceding the general
 1187  election, and every day thereafter, with the last daily report
 1188  being filed the day before the general election Following the
 1189  last day of candidates qualifying for office, the reports shall
 1190  be filed on the 32nd, 18th, and 4th days immediately preceding
 1191  the primary election and on the 46th, 32nd, 18th, and 4th days
 1192  immediately preceding the general election.
 1193         (c) For an electioneering communications organization
 1194  required to file reports with a filing officer other than the
 1195  division, reports must be filed on the 60th day immediately
 1196  preceding the primary election, and biweekly on each Friday
 1197  thereafter through and including the 4th day immediately
 1198  preceding the general election, with additional reports due on
 1199  the 25th and 11th days before the primary election and the
 1200  general election.
 1201         (d)(c) When a special election is called to fill a vacancy
 1202  in office, all electioneering communications organizations
 1203  making contributions or expenditures to influence the results of
 1204  the special election shall file reports with the filing officer
 1205  on the dates set by the Department of State pursuant to s.
 1206  100.111.
 1207         (e)(d) In addition to the reports required by paragraph
 1208  (a), an electioneering communications organization that is
 1209  registered with the Department of State and that makes a
 1210  contribution or expenditure to influence the results of a county
 1211  or municipal election that is not being held at the same time as
 1212  a state or federal election must file reports with the county or
 1213  municipal filing officer on the same dates as county or
 1214  municipal candidates or committees for that election. The
 1215  electioneering communications organization must also include the
 1216  expenditure in the next report filed with the Division of
 1217  Elections pursuant to this section following the county or
 1218  municipal election.
 1219         (f)(e) The filing officer shall make available to each
 1220  electioneering communications organization a schedule
 1221  designating the beginning and end of reporting periods as well
 1222  as the corresponding designated due dates.
 1223         (2)(a) Except as provided in s. 106.0705, the reports
 1224  required of an electioneering communications organization shall
 1225  be filed with the filing officer not later than 5 p.m. of the
 1226  day designated. However, any report postmarked by the United
 1227  States Postal Service no later than midnight of the day
 1228  designated shall be deemed to have been filed in a timely
 1229  manner. Any report received by the filing officer within 5 days
 1230  after the designated due date that was delivered by the United
 1231  States Postal Service shall be deemed timely filed unless it has
 1232  a postmark that indicates that the report was mailed after the
 1233  designated due date. A certificate of mailing obtained from and
 1234  dated by the United States Postal Service at the time of
 1235  mailing, or a receipt from an established courier company, which
 1236  bears a date on or before the date on which the report is due,
 1237  shall be proof of mailing in a timely manner. Reports shall
 1238  contain information of all previously unreported contributions
 1239  received and expenditures made as of the preceding Friday,
 1240  except that the report filed on the Friday immediately preceding
 1241  the election shall contain information of all previously
 1242  unreported contributions received and expenditures made as of
 1243  the day preceding the designated due date. All such reports
 1244  shall be open to public inspection.
 1245         (b)1. Any report that is deemed to be incomplete by the
 1246  officer with whom the electioneering communications organization
 1247  files shall be accepted on a conditional basis. The treasurer of
 1248  the electioneering communications organization shall be
 1249  notified, by certified mail or other common carrier that can
 1250  establish proof of delivery for the notice, as to why the report
 1251  is incomplete. Within 7 days after receipt of such notice, the
 1252  treasurer must file an addendum to the report providing all
 1253  information necessary to complete the report in compliance with
 1254  this section. Failure to file a complete report after such
 1255  notice constitutes a violation of this chapter.
 1256         2. Notice is deemed sufficient upon proof of delivery of
 1257  written notice to the mailing or street address of the treasurer
 1258  or registered agent of the electioneering communication
 1259  organization on record with the filing officer.
 1260         (3)(a) Each report required by this section must contain:
 1261         1. The full name, address, and occupation, if any, of each
 1262  person who has made one or more contributions to or for such
 1263  electioneering communications organization within the reporting
 1264  period, together with the amount and date of such contributions.
 1265  For corporations, the report must provide as clear a description
 1266  as practicable of the principal type of business conducted by
 1267  the corporation. However, if the contribution is $100 or less,
 1268  the occupation of the contributor or the principal type of
 1269  business need not be listed.
 1270         2. The name and address of each political committee from
 1271  which or to which the reporting electioneering communications
 1272  organization made any transfer of funds, together with the
 1273  amounts and dates of all transfers.
 1274         3. Each loan for electioneering communication purposes to
 1275  or from any person or political committee within the reporting
 1276  period, together with the full names, addresses, and occupations
 1277  and principal places of business, if any, of the lender and
 1278  endorsers, if any, and the date and amount of such loans.
 1279         4. A statement of each contribution, rebate, refund, or
 1280  other receipt not otherwise listed under subparagraphs 1.-3.
 1281         5. The total sums of all loans, in-kind contributions, and
 1282  other receipts by or for such electioneering communications
 1283  organization during the reporting period. The reporting forms
 1284  shall be designed to elicit separate totals for in-kind
 1285  contributions, loans, and other receipts.
 1286         6. The full name and address of each person to whom
 1287  expenditures have been made by or on behalf of the
 1288  electioneering communications organization within the reporting
 1289  period and the amount, date, and purpose of each expenditure.
 1290         7. The full name and address of each person to whom an
 1291  expenditure for personal services, salary, or reimbursement for
 1292  expenses has been made and that is not otherwise reported,
 1293  including the amount, date, and purpose of the expenditure.
 1294         8. The total sum of expenditures made by the electioneering
 1295  communications organization during the reporting period.
 1296         9. The amount and nature of debts and obligations owed by
 1297  or to the electioneering communications organization that relate
 1298  to the conduct of any electioneering communication.
 1299         10. Transaction information for each credit card purchase.
 1300  Receipts for each credit card purchase shall be retained by the
 1301  electioneering communications organization.
 1302         11. The amount and nature of any separate interest-bearing
 1303  accounts or certificates of deposit and identification of the
 1304  financial institution in which such accounts or certificates of
 1305  deposit are located.
 1306         12. The primary purposes of an expenditure made indirectly
 1307  through an electioneering communications organization for goods
 1308  and services, such as communications media placement or
 1309  procurement services and other expenditures that include
 1310  multiple components as part of the expenditure. The primary
 1311  purpose of an expenditure shall be that purpose, including
 1312  integral and directly related components, that comprises 80
 1313  percent of such expenditure.
 1314         (b) The filing officer shall make available to any
 1315  electioneering communications organization a reporting form
 1316  which the electioneering communications organization may use to
 1317  indicate contributions received by the electioneering
 1318  communications organization but returned to the contributor
 1319  before deposit.
 1320         (4) The treasurer of the electioneering communications
 1321  organization shall certify as to the correctness of each report,
 1322  and each person so certifying shall bear the responsibility for
 1323  the accuracy and veracity of each report. Any treasurer who
 1324  willfully certifies the correctness of any report while knowing
 1325  that such report is incorrect, false, or incomplete commits a
 1326  misdemeanor of the first degree, punishable as provided in s.
 1327  775.082 or s. 775.083.
 1328         (5) The electioneering communications organization
 1329  depository shall provide statements reflecting deposits and
 1330  expenditures from the account to the treasurer, who shall retain
 1331  the records pursuant to s. 106.06. The records maintained by the
 1332  depository with respect to the account shall be subject to
 1333  inspection by an agent of the Division of Elections or the
 1334  Florida Elections Commission at any time during normal banking
 1335  hours, and such depository shall furnish certified copies of any
 1336  such records to the Division of Elections or the Florida
 1337  Elections Commission upon request.
 1338         (6) Notwithstanding any other provisions of this chapter,
 1339  in any reporting period during which an electioneering
 1340  communications organization has not received funds, made any
 1341  contributions, or expended any reportable funds, the treasurer
 1342  shall file a written report with the filing officer by the
 1343  prescribed reporting date that no reportable contributions or
 1344  expenditures were made during the reporting period.
 1345         (7)(a) Any electioneering communications organization
 1346  failing to file a report on the designated due date shall be
 1347  subject to a fine as provided in paragraph (b) for each late
 1348  day. The fine shall be assessed by the filing officer, and the
 1349  moneys collected shall be deposited:
 1350         1. In the General Revenue Fund, in the case of an
 1351  electioneering communications organization that registers with
 1352  the Division of Elections; or
 1353         2. In the general revenue fund of the political
 1354  subdivision, in the case of an electioneering communications
 1355  organization that registers with an officer of a political
 1356  subdivision.
 1357  
 1358  No separate fine shall be assessed for failure to file a copy of
 1359  any report required by this section.
 1360         (b) Upon determining that a report is late, the filing
 1361  officer shall immediately notify the electioneering
 1362  communications organization as to the failure to file a report
 1363  by the designated due date and that a fine is being assessed for
 1364  each late day. The fine shall be $50 per day for the first 3
 1365  days late and, thereafter, $500 per day for each late day, not
 1366  to exceed 25 percent of the total receipts or expenditures,
 1367  whichever is greater, for the period covered by the late report.
 1368  However, for the reports immediately preceding each primary and
 1369  general election, the fine shall be $500 per day for each late
 1370  day, not to exceed 25 percent of the total receipts or
 1371  expenditures, whichever is greater, for the period covered by
 1372  the late report. Upon receipt of the report, the filing officer
 1373  shall determine the amount of the fine which is due and shall
 1374  notify the electioneering communications organization. The
 1375  filing officer shall determine the amount of the fine due based
 1376  upon the earliest of the following:
 1377         1. When the report is actually received by such officer.
 1378         2. When the report is postmarked.
 1379         3. When the certificate of mailing is dated.
 1380         4. When the receipt from an established courier company is
 1381  dated.
 1382         5. When the electronic receipt issued pursuant to s.
 1383  106.0705 or other electronic filing system authorized in this
 1384  section is dated.
 1385  
 1386  Such fine shall be paid to the filing officer within 20 days
 1387  after receipt of the notice of payment due, unless appeal is
 1388  made to the Florida Elections Commission pursuant to paragraph
 1389  (c). Notice is deemed sufficient upon proof of delivery of
 1390  written notice to the mailing or street address on record with
 1391  the filing officer. An officer or member of an electioneering
 1392  communications organization shall not be personally liable for
 1393  such fine.
 1394         (c) The treasurer of an electioneering communications
 1395  organization may appeal or dispute the fine, based upon, but not
 1396  limited to, unusual circumstances surrounding the failure to
 1397  file on the designated due date, and may request and shall be
 1398  entitled to a hearing before the Florida Elections Commission,
 1399  which shall have the authority to waive the fine in whole or in
 1400  part. The Florida Elections Commission must consider the
 1401  mitigating and aggravating circumstances contained in s.
 1402  106.265(2) when determining the amount of a fine, if any, to be
 1403  waived. Any such request shall be made within 20 days after
 1404  receipt of the notice of payment due. In such case, the
 1405  treasurer of the electioneering communications organization
 1406  shall, within the 20-day period, notify the filing officer in
 1407  writing of his or her intention to bring the matter before the
 1408  commission.
 1409         (d) The appropriate filing officer shall notify the Florida
 1410  Elections Commission of the repeated late filing by an
 1411  electioneering communications organization, the failure of an
 1412  electioneering communications organization to file a report
 1413  after notice, or the failure to pay the fine imposed. The
 1414  commission shall investigate only those alleged late filing
 1415  violations specifically identified by the filing officer and as
 1416  set forth in the notification. Any other alleged violations must
 1417  be stated separately and reported by the division to the
 1418  commission under s. 106.25(2).
 1419         (8) Electioneering communications organizations shall not
 1420  use credit cards.
 1421         Section 12. Section 106.0705, Florida Statutes, is
 1422  reenacted and amended to read:
 1423         106.0705 Electronic filing of campaign treasurer’s
 1424  reports.—
 1425         (1) As used in this section, “electronic filing system”
 1426  means an Internet system for recording and reporting campaign
 1427  finance activity by reporting period.
 1428         (2)(a) Each individual who is required to file reports with
 1429  the division pursuant to s. 106.07 or s. 106.141 must file such
 1430  reports by means of the division’s electronic filing system.
 1431         (b) Each political committee, committee of continuous
 1432  existence, electioneering communications organization,
 1433  affiliated party committee, or state executive committee that is
 1434  required to file reports with the division under s. 106.04, s.
 1435  106.07, s. 106.0703, or s. 106.29, as applicable, must file such
 1436  reports with the division by means of the division’s electronic
 1437  filing system.
 1438         (c) Each person or organization that is required to file
 1439  reports with the division under s. 106.071 must file such
 1440  reports by means of the division’s electronic filing system.
 1441         (3) Reports filed pursuant to this section shall be
 1442  completed and filed through the electronic filing system not
 1443  later than midnight of the day designated. Reports not filed by
 1444  midnight of the day designated are late filed and are subject to
 1445  the penalties under s. 106.04(9), s. 106.07(8), s. 106.0703(7),
 1446  or s. 106.29(3), as applicable.
 1447         (4) Each report filed pursuant to this section is
 1448  considered to be under oath by the candidate and treasurer, the
 1449  chair and treasurer, the treasurer under s. 106.0703, or the
 1450  leader and treasurer under s. 103.092, whichever is applicable,
 1451  and such persons are subject to the provisions of s.
 1452  106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as
 1453  applicable. Persons given a secure sign-on to the electronic
 1454  filing system are responsible for protecting such from
 1455  disclosure and are responsible for all filings using such
 1456  credentials, unless they have notified the division that their
 1457  credentials have been compromised.
 1458         (5) The electronic filing system developed by the division
 1459  must:
 1460         (a) Be based on access by means of the Internet.
 1461         (b) Be accessible by anyone with Internet access using
 1462  standard web-browsing software.
 1463         (c) Provide for direct entry of campaign finance
 1464  information as well as upload of such information from campaign
 1465  finance software certified by the division.
 1466         (d) Provide a method that prevents unauthorized access to
 1467  electronic filing system functions.
 1468         (6) The division shall adopt rules pursuant to ss.
 1469  120.536(1) and 120.54 to administer this section and provide for
 1470  the reports required to be filed pursuant to this section. Such
 1471  rules shall, at a minimum, provide:
 1472         (a) Alternate filing procedures in case the division’s
 1473  electronic filing system is not operable.
 1474         (b) For the issuance of an electronic receipt to the person
 1475  submitting the report indicating and verifying that the report
 1476  has been filed.
 1477         Section 13. Section 106.08, Florida Statutes, is amended to
 1478  read:
 1479         106.08 Contributions; limitations on.—
 1480         (1)(a) Except for political parties or affiliated party
 1481  committees, no person or, political committee, or committee of
 1482  continuous existence may, in any election, make contributions in
 1483  excess of the following amounts: in excess of $500 to any
 1484  candidate for election to or retention in office or to any
 1485  political committee supporting or opposing one or more
 1486  candidates.
 1487         1. To a candidate for statewide office or for retention as
 1488  a justice of the Supreme Court, $3,000. Candidates for the
 1489  offices of Governor and Lieutenant Governor on the same ticket
 1490  are considered a single candidate for the purpose of this
 1491  subparagraph section.
 1492         2. To a candidate for retention as a judge of a district
 1493  court of appeal, $2,000.
 1494         3. To a candidate for legislative or multicounty office; a
 1495  candidate for countywide office or in any election conducted on
 1496  less than a countywide basis; or a candidate for county court
 1497  judge or circuit judge, $500.
 1498         (b)1. The contribution limits provided in this subsection
 1499  do not apply to contributions made by a state or county
 1500  executive committee of a political party or affiliated party
 1501  committee regulated by chapter 103 or to amounts contributed by
 1502  a candidate to his or her own campaign.
 1503         2. Notwithstanding the limits provided in this subsection,
 1504  an unemancipated child under the age of 18 years of age may not
 1505  make a contribution in excess of $100 to any candidate or to any
 1506  political committee supporting one or more candidates.
 1507         (c) The contribution limits of this subsection apply to
 1508  each election. For purposes of this subsection, the primary
 1509  election and general election are separate elections so long as
 1510  the candidate is not an unopposed candidate as defined in s.
 1511  106.011 106.011(15). However, for the purpose of contribution
 1512  limits with respect to candidates for retention as a justice or
 1513  judge, there is only one election, which is the general
 1514  election.
 1515         (2)(a) A candidate may not accept contributions from a
 1516  county executive committee of a political party whose
 1517  contributions in the aggregate exceed $50,000, or from the
 1518  national, or state, or county executive committees of a
 1519  political party, including any subordinate committee of such
 1520  political party or affiliated party committees, whose which
 1521  contributions in the aggregate exceed $50,000.
 1522         (b) A candidate for statewide office may not accept
 1523  contributions from national, state, or county executive
 1524  committees of a political party, including any subordinate
 1525  committee of the political party, or affiliated party
 1526  committees, which contributions in the aggregate exceed
 1527  $250,000. Polling services, research services, costs for
 1528  campaign staff, professional consulting services, and telephone
 1529  calls are not contributions to be counted toward the
 1530  contribution limits of paragraph (a) or this paragraph. Any item
 1531  not expressly identified in this paragraph as nonallocable is a
 1532  contribution in an amount equal to the fair market value of the
 1533  item and must be counted as allocable toward the contribution
 1534  limits of paragraph (a) or this paragraph. Nonallocable, in-kind
 1535  contributions must be reported by the candidate under s. 106.07
 1536  and by the political party or affiliated party committee under
 1537  s. 106.29.
 1538         (3)(a) Any contribution received by a candidate with
 1539  opposition in an election or by the campaign treasurer or a
 1540  deputy campaign treasurer of such a candidate on the day of that
 1541  election or less than 5 days before prior to the day of that
 1542  election must be returned by him or her to the person or
 1543  committee contributing it and may not be used or expended by or
 1544  on behalf of the candidate.
 1545         (b) Any contribution received by a candidate or by the
 1546  campaign treasurer or a deputy campaign treasurer of a candidate
 1547  after the date at which the candidate withdraws his or her
 1548  candidacy, or after the date the candidate is defeated, becomes
 1549  unopposed, or is elected to office must be returned to the
 1550  person or committee contributing it and may not be used or
 1551  expended by or on behalf of the candidate.
 1552         (4) Any contribution received by the chair, campaign
 1553  treasurer, or deputy campaign treasurer of a political committee
 1554  supporting or opposing a candidate with opposition in an
 1555  election or supporting or opposing an issue on the ballot in an
 1556  election on the day of that election or less than 5 days before
 1557  prior to the day of that election may not be obligated or
 1558  expended by the committee until after the date of the election.
 1559         (5)(a) A person may not make any contribution through or in
 1560  the name of another, directly or indirectly, in any election.
 1561         (b) Candidates, political committees, affiliated party
 1562  committees, and political parties may not solicit contributions
 1563  from any religious, charitable, civic, or other causes or
 1564  organizations established primarily for the public good.
 1565         (c) Candidates, political committees, affiliated party
 1566  committees, and political parties may not make contributions, in
 1567  exchange for political support, to any religious, charitable,
 1568  civic, or other cause or organization established primarily for
 1569  the public good. It is not a violation of this paragraph for:
 1570         1. A candidate, political committee, affiliated party
 1571  committee, or political party executive committee to make gifts
 1572  of money in lieu of flowers in memory of a deceased person;
 1573         2. A candidate to continue membership in, or make regular
 1574  donations from personal or business funds to, religious,
 1575  political party, affiliated party committee, civic, or
 1576  charitable groups of which the candidate is a member or to which
 1577  the candidate has been a regular donor for more than 6 months;
 1578  or
 1579         3. A candidate to purchase, with campaign funds, tickets,
 1580  admission to events, or advertisements from religious, civic,
 1581  political party, affiliated party committee, or charitable
 1582  groups.
 1583         (6)(a) A political party or affiliated party committee may
 1584  not accept any contribution that has been specifically
 1585  designated for the partial or exclusive use of a particular
 1586  candidate. Any contribution so designated must be returned to
 1587  the contributor and may not be used or expended by or on behalf
 1588  of the candidate. Funds contributed to an affiliated party
 1589  committee may shall not be deemed as designated for the partial
 1590  or exclusive use of a leader as defined in s. 103.092.
 1591         (b)1. A political party or affiliated party committee may
 1592  not accept any in-kind contribution that fails to provide a
 1593  direct benefit to the political party or affiliated party
 1594  committee. A “direct benefit” includes, but is not limited to,
 1595  fundraising or furthering the objectives of the political party
 1596  or affiliated party committee.
 1597         2.a. An in-kind contribution to a state political party may
 1598  be accepted only by the chairperson of the state political party
 1599  or by the chairperson’s designee or designees whose names are on
 1600  file with the division in a form acceptable to the division
 1601  before prior to the date of the written notice required in sub
 1602  subparagraph b. An in-kind contribution to a county political
 1603  party may be accepted only by the chairperson of the county
 1604  political party or by the county chairperson’s designee or
 1605  designees whose names are on file with the supervisor of
 1606  elections of the respective county before prior to the date of
 1607  the written notice required in sub-subparagraph b. An in-kind
 1608  contribution to an affiliated party committee may be accepted
 1609  only by the leader of the affiliated party committee as defined
 1610  in s. 103.092 or by the leader’s designee or designees whose
 1611  names are on file with the division in a form acceptable to the
 1612  division before prior to the date of the written notice required
 1613  in sub-subparagraph b.
 1614         b. A person making an in-kind contribution to a state or
 1615  county political party or affiliated party committee must
 1616  provide prior written notice of the contribution to a person
 1617  described in sub-subparagraph a. The prior written notice must
 1618  be signed and dated and may be provided by an electronic or
 1619  facsimile message. However, prior written notice is not required
 1620  for an in-kind contribution that consists of food and beverage
 1621  in an aggregate amount not exceeding $1,500 which is consumed at
 1622  a single sitting or event if such in-kind contribution is
 1623  accepted in advance by a person specified in sub-subparagraph a.
 1624         c. A person described in sub-subparagraph a. may accept an
 1625  in-kind contribution requiring prior written notice only in a
 1626  writing that is dated before the in-kind contribution is made.
 1627  Failure to obtain the required written acceptance of an in-kind
 1628  contribution to a state or county political party or affiliated
 1629  party committee constitutes a refusal of the contribution.
 1630         d. A copy of each prior written acceptance required under
 1631  sub-subparagraph c. must be filed at the time the regular
 1632  reports of contributions and expenditures required under s.
 1633  106.29 are filed by the state executive committee, county
 1634  executive committee, and affiliated party committee. A state
 1635  executive committee and an affiliated party committee must file
 1636  with the division. A county executive committee must file with
 1637  the county’s supervisor of elections.
 1638         e. An in-kind contribution may not be given to a state or
 1639  county political party or affiliated party committee unless the
 1640  in-kind contribution is made as provided in this subparagraph.
 1641         (7)(a) Any person who knowingly and willfully makes or
 1642  accepts no more than one contribution in violation of subsection
 1643  (1) or subsection (5), or any person who knowingly and willfully
 1644  fails or refuses to return any contribution as required in
 1645  subsection (3), commits a misdemeanor of the first degree,
 1646  punishable as provided in s. 775.082 or s. 775.083. If any
 1647  corporation, partnership, or other business entity or any
 1648  political party, affiliated party committee, political
 1649  committee, committee of continuous existence, or electioneering
 1650  communications organization is convicted of knowingly and
 1651  willfully violating any provision punishable under this
 1652  paragraph, it shall be fined not less than $1,000 and not more
 1653  than $10,000. If it is a domestic entity, it may be ordered
 1654  dissolved by a court of competent jurisdiction; if it is a
 1655  foreign or nonresident business entity, its right to do business
 1656  in this state may be forfeited. Any officer, partner, agent,
 1657  attorney, or other representative of a corporation, partnership,
 1658  or other business entity, or of a political party, affiliated
 1659  party committee, political committee, committee of continuous
 1660  existence, electioneering communications organization, or
 1661  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1662  of the Internal Revenue Code, who aids, abets, advises, or
 1663  participates in a violation of any provision punishable under
 1664  this paragraph commits a misdemeanor of the first degree,
 1665  punishable as provided in s. 775.082 or s. 775.083.
 1666         (b) Any person who knowingly and willfully makes or accepts
 1667  two or more contributions in violation of subsection (1) or
 1668  subsection (5) commits a felony of the third degree, punishable
 1669  as provided in s. 775.082, s. 775.083, or s. 775.084. If any
 1670  corporation, partnership, or other business entity or any
 1671  political party, affiliated party committee, political
 1672  committee, committee of continuous existence, or electioneering
 1673  communications organization is convicted of knowingly and
 1674  willfully violating any provision punishable under this
 1675  paragraph, it shall be fined not less than $10,000 and not more
 1676  than $50,000. If it is a domestic entity, it may be ordered
 1677  dissolved by a court of competent jurisdiction; if it is a
 1678  foreign or nonresident business entity, its right to do business
 1679  in this state may be forfeited. Any officer, partner, agent,
 1680  attorney, or other representative of a corporation, partnership,
 1681  or other business entity, or of a political committee, committee
 1682  of continuous existence, political party, affiliated party
 1683  committee, or electioneering communications organization, or
 1684  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1685  of the Internal Revenue Code, who aids, abets, advises, or
 1686  participates in a violation of any provision punishable under
 1687  this paragraph commits a felony of the third degree, punishable
 1688  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1689         (8) Except when otherwise provided in subsection (7), any
 1690  person who knowingly and willfully violates any provision of
 1691  this section shall, in addition to any other penalty prescribed
 1692  by this chapter, pay to the state a sum equal to twice the
 1693  amount contributed in violation of this chapter. Each campaign
 1694  treasurer shall pay all amounts contributed in violation of this
 1695  section to the state for deposit in the General Revenue Fund.
 1696         (9) This section does not apply to the transfer of funds
 1697  between a primary campaign depository and a savings account or
 1698  certificate of deposit or to any interest earned on such account
 1699  or certificate.
 1700         (10) Contributions to a political committee or committee of
 1701  continuous existence may be received by an affiliated
 1702  organization and transferred to the bank account of the
 1703  political committee or committee of continuous existence via
 1704  check written from the affiliated organization if such
 1705  contributions are specifically identified as intended to be
 1706  contributed to the political committee or committee of
 1707  continuous existence. All contributions received in this manner
 1708  shall be reported pursuant to s. 106.07 by the political
 1709  committee or committee of continuous existence as having been
 1710  made by the original contributor.
 1711         Section 14. Section 106.11, Florida Statutes, is reenacted
 1712  and amended to read:
 1713         106.11 Expenses of and expenditures by candidates and
 1714  political committees.—Each candidate and each political
 1715  committee which designates a primary campaign depository
 1716  pursuant to s. 106.021(1) shall make expenditures from funds on
 1717  deposit in such primary campaign depository only in the
 1718  following manner, with the exception of expenditures made from
 1719  petty cash funds provided by s. 106.12:
 1720         (1)(a)1. The campaign treasurer or deputy campaign
 1721  treasurer of a candidate or political committee shall make
 1722  expenditures from funds on deposit in the primary campaign
 1723  depository only by means of a bank check drawn upon the campaign
 1724  account of the candidate or political committee. The campaign
 1725  account shall be separate from any personal or other account and
 1726  shall be used only for the purpose of depositing contributions
 1727  and making expenditures for the candidate or political
 1728  committee.
 1729         2. An expenditure by a political committee must also be
 1730  primarily related to raising or making a contribution,
 1731  influencing the results of an election, making an electioneering
 1732  communication, or other political activity authorized by this
 1733  chapter. A violation of this subparagraph is punishable solely
 1734  as provided in s. 106.19(2).
 1735         (b) The checks for such account shall contain, as a
 1736  minimum, the following information:
 1737         1. The statement “...(name of the campaign account of the
 1738  candidate or political committee.)... Campaign Account.”
 1739         2. The account number and the name of the bank.
 1740         3. The exact amount of the expenditure.
 1741         4. The signature of the campaign treasurer or deputy
 1742  treasurer.
 1743         5. The exact purpose for which the expenditure is
 1744  authorized.
 1745         6. The name of the payee.
 1746         (2)(a) For purposes of this section, debit cards are
 1747  considered bank checks, if:
 1748         1. Debit cards are obtained from the same bank that has
 1749  been designated as the candidate’s or political committee’s
 1750  primary campaign depository.
 1751         2. Debit cards are issued in the name of the treasurer,
 1752  deputy treasurer, or authorized user and contain the state
 1753  “...(name of the campaign account of the candidate or political
 1754  committee.)... Campaign Account.”
 1755         3. No more than three debit cards are requested and issued.
 1756         4. The person using the debit card does not receive cash as
 1757  part of, or independent of, any transaction for goods or
 1758  services.
 1759         5. All receipts for debit card transactions contain:
 1760         a. The last four digits of the debit card number.
 1761         b. The exact amount of the expenditure.
 1762         c. The name of the payee.
 1763         d. The signature of the campaign treasurer, deputy
 1764  treasurer, or authorized user.
 1765         e. The exact purpose for which the expenditure is
 1766  authorized.
 1767  
 1768  Any information required by this subparagraph but not included
 1769  on the debit card transaction receipt may be handwritten on, or
 1770  attached to, the receipt by the authorized user before
 1771  submission to the treasurer.
 1772         (b) Debit cards are not subject to the requirements of
 1773  paragraph (1)(b).
 1774         (3) The campaign treasurer, deputy treasurer, or authorized
 1775  user who signs the check shall be responsible for the
 1776  completeness and accuracy of the information on such check and
 1777  for insuring that such expenditure is an authorized expenditure.
 1778         (4) No candidate, campaign manager, treasurer, deputy
 1779  treasurer, or political committee or any officer or agent
 1780  thereof, or any person acting on behalf of any of the foregoing,
 1781  shall authorize any expenses, nor shall any campaign treasurer
 1782  or deputy treasurer sign a check drawn on the primary campaign
 1783  account for any purpose, unless there are sufficient funds on
 1784  deposit in the primary depository account of the candidate or
 1785  political committee to pay the full amount of the authorized
 1786  expense, to honor all other checks drawn on such account, which
 1787  checks are outstanding, and to meet all expenses previously
 1788  authorized but not yet paid. However, an expense may be incurred
 1789  for the purchase of goods or services if there are sufficient
 1790  funds on deposit in the primary depository account to pay the
 1791  full amount of the incurred expense, to honor all checks drawn
 1792  on such account, which checks are outstanding, and to meet all
 1793  other expenses previously authorized but not yet paid, provided
 1794  that payment for such goods or services is made upon final
 1795  delivery and acceptance of the goods or services; and an
 1796  expenditure from petty cash pursuant to the provisions of s.
 1797  106.12 may be authorized, if there is a sufficient amount of
 1798  money in the petty cash fund to pay for such expenditure.
 1799  Payment for credit card purchases shall be made pursuant to s.
 1800  106.125. Any expense incurred or authorized in excess of such
 1801  funds on deposit shall, in addition to other penalties provided
 1802  by law, constitute a violation of this chapter. As used in this
 1803  subsection, the term “sufficient funds on deposit in the primary
 1804  depository account of the candidate or political committee”
 1805  means that the funds at issue have been delivered for deposit to
 1806  the financial institution at which such account is maintained.
 1807  The term shall not be construed to mean that such funds are
 1808  available for withdrawal in accordance with the deposit rules or
 1809  the funds availability policies of such financial institution.
 1810         (5) A candidate who withdraws his or her candidacy, becomes
 1811  an unopposed candidate, or is eliminated as a candidate or
 1812  elected to office may expend funds from the campaign account to:
 1813         (a) Purchase “thank you” advertising for up to 75 days
 1814  after he or she withdraws, becomes unopposed, or is eliminated
 1815  or elected.
 1816         (b) Pay for items which were obligated before he or she
 1817  withdrew, became unopposed, or was eliminated or elected.
 1818         (c) Pay for expenditures necessary to close down the
 1819  campaign office and to prepare final campaign reports.
 1820         (d) Dispose of surplus funds as provided in s. 106.141.
 1821         (6) A candidate who makes a loan to his or her campaign and
 1822  reports the loan as required by s. 106.07 may be reimbursed for
 1823  the loan at any time the campaign account has sufficient funds
 1824  to repay the loan and satisfy its other obligations.
 1825         Section 15. Section 106.141, Florida Statutes, is amended
 1826  to read:
 1827         106.141 Disposition of surplus funds by candidates.—
 1828         (1) Except as provided in subsection (6), each candidate
 1829  who withdraws his or her candidacy, becomes an unopposed
 1830  candidate, or is eliminated as a candidate or elected to office
 1831  shall, within 90 days, dispose of the funds on deposit in his or
 1832  her campaign account and file a report reflecting the
 1833  disposition of all remaining funds. Such candidate may shall not
 1834  accept any contributions, nor may shall any person accept
 1835  contributions on behalf of such candidate, after the candidate
 1836  withdraws his or her candidacy, becomes unopposed, or is
 1837  eliminated or elected. However, if a candidate receives a refund
 1838  check after all surplus funds have been disposed of, the check
 1839  may be endorsed by the candidate and the refund disposed of
 1840  under this section. An amended report must be filed showing the
 1841  refund and subsequent disposition.
 1842         (2) Any candidate required to dispose of funds pursuant to
 1843  this section may, before prior to such disposition, be
 1844  reimbursed by the campaign, in full or in part, for any reported
 1845  contributions by the candidate to the campaign.
 1846         (3) The campaign treasurer of a candidate who withdraws his
 1847  or her candidacy, becomes unopposed, or is eliminated as a
 1848  candidate or elected to office and who has funds on deposit in a
 1849  separate interest-bearing account or certificate of deposit
 1850  shall, within 7 days after the date of becoming unopposed or the
 1851  date of such withdrawal, elimination, or election, transfer such
 1852  funds and the accumulated interest earned thereon to the
 1853  campaign account of the candidate for disposal under this
 1854  section. However, if the funds are in an account in which
 1855  penalties will apply for withdrawal within the 7-day period, the
 1856  campaign treasurer shall transfer such funds and the accumulated
 1857  interest earned thereon as soon as the funds can be withdrawn
 1858  without penalty, or within 90 days after the candidate becomes
 1859  unopposed, withdraws his or her candidacy, or is eliminated or
 1860  elected, whichever comes first.
 1861         (4)(a) Except as provided in paragraph (b), any candidate
 1862  required to dispose of funds pursuant to this section shall, at
 1863  the option of the candidate, dispose of such funds by any of the
 1864  following means, or any combination thereof:
 1865         1. Return pro rata to each contributor the funds that have
 1866  not been spent or obligated.
 1867         2. Donate the funds that have not been spent or obligated
 1868  to a charitable organization or organizations that meet the
 1869  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 1870         3. Give not more than $25,000 of the funds that have not
 1871  been spent or obligated to the affiliated party committee or
 1872  political party of which such candidate is a member.
 1873         4. Give the funds that have not been spent or obligated:
 1874         a. In the case of a candidate for state office, to the
 1875  state, to be deposited in either the Election Campaign Financing
 1876  Trust Fund or the General Revenue Fund, as designated by the
 1877  candidate; or
 1878         b. In the case of a candidate for an office of a political
 1879  subdivision, to such political subdivision, to be deposited in
 1880  the general fund thereof.
 1881         (b) Any candidate required to dispose of funds pursuant to
 1882  this section who has received contributions pursuant to the
 1883  Florida Election Campaign Financing Act shall, after all
 1884  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
 1885  been met, return all surplus campaign funds to the General
 1886  Revenue Fund.
 1887         (5) A candidate elected to office or a candidate who will
 1888  be elected to office by virtue of his or her being unopposed
 1889  may, in addition to the disposition methods provided in
 1890  subsection (4), transfer from the campaign account to an office
 1891  account any amount of the funds on deposit in such campaign
 1892  account up to:
 1893         (a) Fifty Twenty thousand dollars, for a candidate for
 1894  statewide office. The Governor and Lieutenant Governor shall be
 1895  considered separate candidates for the purpose of this section.
 1896         (b) Ten Five thousand dollars, for a candidate for
 1897  multicounty office.
 1898         (c) Ten Five thousand dollars multiplied by the number of
 1899  years in the term of office for which elected, for a candidate
 1900  for legislative office.
 1901         (d) Five thousand Two thousand five hundred dollars
 1902  multiplied by the number of years in the term of office for
 1903  which elected, for a candidate for county office or for a
 1904  candidate in any election conducted on less than a countywide
 1905  basis.
 1906         (e) Six thousand dollars, for a candidate for retention as
 1907  a justice of the Supreme Court.
 1908         (f) Three thousand dollars, for a candidate for retention
 1909  as a judge of a district court of appeal.
 1910         (g) Three thousand One thousand five hundred dollars, for a
 1911  candidate for county court judge or circuit judge.
 1912  
 1913  The office account established pursuant to this subsection shall
 1914  be separate from any personal or other account. Any funds so
 1915  transferred by a candidate shall be used only for legitimate
 1916  expenses in connection with the candidate’s public office. Such
 1917  expenses may include travel expenses incurred by the officer or
 1918  a staff member;, personal taxes payable on office account funds
 1919  by the candidate or elected public official; professional
 1920  services provided by a certified public accountant or attorney
 1921  for preparation of the elected public official’s financial
 1922  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
 1923  to prepare, print, produce, and mail holiday cards or
 1924  newsletters about the elected public official’s public business
 1925  to constituents, if such correspondence does not constitute a
 1926  political advertisement, independent expenditure, or
 1927  electioneering communication as provided in s. 106.011; fees or
 1928  dues to religious, civic, or charitable organizations of which
 1929  the elected public official is a member; items of modest value
 1930  such as flowers, greeting cards, or personal notes given as a
 1931  substitute for, or in association with, an elected public
 1932  official’s personal attendance at a constituent’s special event
 1933  or family occasion, such as the birth of a child, graduation,
 1934  wedding, or funeral; personal expenses incurred by the elected
 1935  public official in connection with attending a constituent
 1936  meeting or event where public policy is discussed, if such
 1937  meetings or events are limited to no more than once a week;, or
 1938  expenses incurred in the operation of the elected public
 1939  official’s his or her office, including the employment of
 1940  additional staff. The funds may be deposited in a savings
 1941  account; however, all deposits, withdrawals, and interest earned
 1942  thereon shall be reported at the appropriate reporting period.
 1943  If a candidate is reelected to office or elected to another
 1944  office and has funds remaining in his or her office account, he
 1945  or she may transfer surplus campaign funds to the office
 1946  account. At no time may the funds in the office account exceed
 1947  the limitation imposed by this subsection. Upon leaving public
 1948  office, any person who has funds in an office account pursuant
 1949  to this subsection remaining on deposit shall give such funds to
 1950  a charitable organization that meets or organizations which meet
 1951  the requirements of s. 501(c)(3) of the Internal Revenue Code
 1952  or, in the case of a state officer, to the state to be deposited
 1953  in the General Revenue Fund or, in the case of an officer of a
 1954  political subdivision, to the political subdivision to be
 1955  deposited in the general fund thereof.
 1956         (6)(a) For purposes of this subsection, the term “same
 1957  office” with respect to legislative office means an office in
 1958  the same legislative body, irrespective of district number or
 1959  designation or geographic boundary.
 1960         (b) A candidate elected to state office or a candidate who
 1961  will be elected to state office by virtue of his or her being
 1962  unopposed after candidate qualifying ends, may retain up to
 1963  $20,000 in his or her campaign account, or in an interest
 1964  bearing account or certificate of deposit, for use in his or her
 1965  next campaign for the same office, in addition to the
 1966  disposition methods provided in subsections (4) and (5). All
 1967  requirements applicable to candidate campaign accounts under
 1968  this chapter, including disclosure requirements applicable to
 1969  candidate campaign accounts, limitations on expenditures, and
 1970  limitations on contributions, apply to any retained funds.
 1971         (c) If a candidate who has retained funds under this
 1972  subsection does not qualify as a candidate for reelection to the
 1973  same office, all retained funds shall be disposed of as
 1974  otherwise required by this section or s. 106.11(5) within 90
 1975  days after the last day of candidate qualifying for that office.
 1976  Requirements in this section applicable to the disposal of
 1977  surplus funds, including reporting requirements, are applicable
 1978  to the disposal of retained funds.
 1979         (7)(6)Before Prior to disposing of funds pursuant to
 1980  subsection (4), or transferring funds into an office account
 1981  pursuant to subsection (5), or retaining funds for reelection
 1982  pursuant to subsection (6), any candidate who filed an oath
 1983  stating that he or she was unable to pay the election assessment
 1984  or fee for verification of petition signatures without imposing
 1985  an undue burden on his or her personal resources or on resources
 1986  otherwise available to him or her, or who filed both such oaths,
 1987  or who qualified by the petition process and was not required to
 1988  pay an election assessment, shall reimburse the state or local
 1989  governmental entity, whichever is applicable, for such waived
 1990  assessment or fee or both. Such reimbursement shall be made
 1991  first for the cost of petition verification and then, if funds
 1992  are remaining, for the amount of the election assessment. If
 1993  there are insufficient funds in the account to pay the full
 1994  amount of either the assessment or the fee or both, the
 1995  remaining funds shall be disbursed in the above manner until no
 1996  funds remain. All funds disbursed pursuant to this subsection
 1997  shall be remitted to the qualifying officer. Any reimbursement
 1998  for petition verification costs which are reimbursable by the
 1999  state shall be forwarded by the qualifying officer to the state
 2000  for deposit in the General Revenue Fund. All reimbursements for
 2001  the amount of the election assessment shall be forwarded by the
 2002  qualifying officer to the Department of State for deposit in the
 2003  General Revenue Fund.
 2004         (8)(a)(7)(a) Any candidate required to dispose of campaign
 2005  funds pursuant to this section shall do so within the time
 2006  required by this section and shall, on or before the date by
 2007  which such disposition is to have been made, shall file with the
 2008  officer with whom reports are required to be filed pursuant to
 2009  s. 106.07 a form prescribed by the Division of Elections
 2010  listing:
 2011         1. The name and address of each person or unit of
 2012  government to whom any of the funds were distributed and the
 2013  amounts thereof;
 2014         2. The name and address of each person to whom an
 2015  expenditure was made, together with the amount thereof and
 2016  purpose therefor; and
 2017         3. The amount of such funds transferred to an office
 2018  account by the candidate, together with the name and address of
 2019  the bank, savings and loan association, or credit union in which
 2020  the office account is located; and
 2021         4. The amount of such funds retained pursuant to subsection
 2022  (6), together with the name and address of the bank, savings and
 2023  loan association, or credit union in which the retained funds
 2024  are located.
 2025  
 2026  Such report shall be signed by the candidate and the campaign
 2027  treasurer and certified as true and correct pursuant to s.
 2028  106.07.
 2029         (b) The filing officer shall notify each candidate at least
 2030  14 days before the date the report is due.
 2031         (c) Any candidate failing to file a report on the
 2032  designated due date shall be subject to a fine as provided in s.
 2033  106.07 for submitting late termination reports.
 2034         (9)(8) Any candidate elected to office who transfers
 2035  surplus campaign funds into an office account pursuant to
 2036  subsection (5) shall file a report on the 10th day following the
 2037  end of each calendar quarter until the account is closed. Such
 2038  reports shall contain the name and address of each person to
 2039  whom any disbursement of funds was made, together with the
 2040  amount thereof and the purpose therefor, and the name and
 2041  address of any person from whom the elected candidate received
 2042  any refund or reimbursement and the amount thereof. Such reports
 2043  shall be on forms prescribed by the Division of Elections,
 2044  signed by the elected candidate, certified as true and correct,
 2045  and filed with the officer with whom campaign reports were filed
 2046  pursuant to s. 106.07(2).
 2047         (10)(9) Any candidate, or any person on behalf of a
 2048  candidate, who accepts contributions after such candidate has
 2049  withdrawn his or her candidacy, after the candidate has become
 2050  an unopposed candidate, or after the candidate has been
 2051  eliminated as a candidate or elected to office commits a
 2052  misdemeanor of the first degree, punishable as provided in s.
 2053  775.082 or s. 775.083.
 2054         (11)(10) Any candidate who is required by the provisions of
 2055  this section to dispose of funds in his or her campaign account
 2056  and who fails to dispose of the funds in the manner provided in
 2057  this section commits a misdemeanor of the first degree,
 2058  punishable as provided in s. 775.082 or s. 775.083.
 2059         Section 16. Section 106.29, Florida Statutes, is reenacted
 2060  and amended to read:
 2061         106.29 Reports by political parties and affiliated party
 2062  committees; restrictions on contributions and expenditures;
 2063  penalties.—
 2064         (1)(a) The state executive committee and each county
 2065  executive committee of each political party and any affiliated
 2066  party committee regulated by chapter 103 shall file regular
 2067  reports of all contributions received and all expenditures made
 2068  by such committee. However, the reports may shall not include
 2069  contributions and expenditures that are reported to the Federal
 2070  Election Commission.
 2071         (b) Each state executive committee and affiliated party
 2072  committee shall file regular reports with the Division of
 2073  Elections. Such reports must contain the same information as
 2074  reports required of candidates by s. 106.07 and must be filed at
 2075  the same times and subject to the same filing conditions
 2076  established by s. 106.07(1) and (2) for statewide candidate
 2077  reports filed with the division. Each county executive committee
 2078  shall file reports with the supervisor of elections in the
 2079  county in which such committee exists. Such reports must contain
 2080  the same information as reports required of candidates by s.
 2081  106.07 and must be filed at the same times and subject to the
 2082  same filing conditions established by s. 106.07(1) and (2) for
 2083  county candidate reports filed with the supervisor of elections.
 2084  In addition, when a special election is called to fill a vacancy
 2085  in office, each state executive committee, each affiliated party
 2086  committee, and each county executive committee making
 2087  contributions or expenditures to influence the results of the
 2088  special election or the preceding special primary election must
 2089  file campaign treasurers’ reports on the dates set by the
 2090  Department of State pursuant to s. 100.111. Such reports shall
 2091  contain the same information as do reports required of
 2092  candidates by s. 106.07 and shall be filed on the 10th day
 2093  following the end of each calendar quarter, except that, during
 2094  the period from the last day for candidate qualifying until the
 2095  general election, such reports shall be filed on the Friday
 2096  immediately preceding each special primary election, special
 2097  election, primary election, and general election.
 2098         (c) In addition to the reports filed under this section,
 2099  the state executive committee, each county executive committee,
 2100  and each affiliated party committee shall file a copy of each
 2101  prior written acceptance of an in-kind contribution given by the
 2102  committee during the preceding calendar quarter as required
 2103  under s. 106.08(6). Each state executive committee and
 2104  affiliated party committee shall file its reports with the
 2105  Division of Elections. Each county executive committee shall
 2106  file its reports with the supervisor of elections in the county
 2107  in which such committee exists.
 2108         (d) Any state or county executive committee or affiliated
 2109  party committee failing to file a report on the designated due
 2110  date is shall be subject to a fine as provided in subsection
 2111  (3). A No separate fine may not shall be assessed for failure to
 2112  file a copy of any report required by this section.
 2113         (2) The chair and treasurer of each state or county
 2114  executive committee shall certify as to the correctness of each
 2115  report filed by them on behalf of such committee. The leader and
 2116  treasurer of each affiliated party committee under s. 103.092
 2117  shall certify as to the correctness of each report filed by them
 2118  on behalf of such committee. Any committee chair, leader, or
 2119  treasurer who certifies the correctness of any report while
 2120  knowing that such report is incorrect, false, or incomplete
 2121  commits a felony of the third degree, punishable as provided in
 2122  s. 775.082, s. 775.083, or s. 775.084.
 2123         (3)(a) A Any state or county executive committee or
 2124  affiliated party committee that fails failing to file a report
 2125  on the designated due date is shall be subject to a fine as
 2126  provided in paragraph (b) for each late day. The fine shall be
 2127  assessed by the filing officer, and the moneys collected shall
 2128  be deposited in the General Revenue Fund.
 2129         (b) Upon determining that a report is late, the filing
 2130  officer shall immediately notify the chair of the executive
 2131  committee or the leader of the affiliated party committee as
 2132  defined in s. 103.092 as to the failure to file a report by the
 2133  designated due date and that a fine is being assessed for each
 2134  late day. The fine is shall be $1,000 for a state executive
 2135  committee, $1,000 for an affiliated party committee, and $50 for
 2136  a county executive committee, per day for each late day, not to
 2137  exceed 25 percent of the total receipts or expenditures,
 2138  whichever is greater, for the period covered by the late report.
 2139  However, if an executive committee or an affiliated party
 2140  committee fails to file a report on the Friday immediately
 2141  preceding the special election or general election, the fine is
 2142  shall be $10,000 per day for each day a state executive
 2143  committee is late, $10,000 per day for each day an affiliated
 2144  party committee is late, and $500 per day for each day a county
 2145  executive committee is late. Upon receipt of the report, the
 2146  filing officer shall determine the amount of the fine which is
 2147  due and shall notify the chair or leader as defined in s.
 2148  103.092. Notice is deemed complete upon proof of delivery of
 2149  written notice to the mailing or street address on record with
 2150  the filing officer. The filing officer shall determine the
 2151  amount of the fine due based upon the earliest of the following:
 2152         1. When the report is actually received by such officer.
 2153         2. When the report is postmarked.
 2154         3. When the certificate of mailing is dated.
 2155         4. When the receipt from an established courier company is
 2156  dated.
 2157         5. When the electronic receipt issued pursuant to s.
 2158  106.0705 is dated.
 2159  
 2160  Such fine shall be paid to the filing officer within 20 days
 2161  after receipt of the notice of payment due, unless appeal is
 2162  made to the Florida Elections Commission pursuant to paragraph
 2163  (c). An officer or member of an executive committee is not shall
 2164  not be personally liable for such fine.
 2165         (c) The chair of an executive committee or the leader of an
 2166  affiliated party committee as defined in s. 103.092 may appeal
 2167  or dispute the fine, based upon unusual circumstances
 2168  surrounding the failure to file on the designated due date, and
 2169  may request and is shall be entitled to a hearing before the
 2170  Florida Elections Commission, which has shall have the authority
 2171  to waive the fine in whole or in part. Any such request shall be
 2172  made within 20 days after receipt of the notice of payment due.
 2173  In such case, the chair of the executive committee or the leader
 2174  of the affiliated party committee as defined in s. 103.092
 2175  shall, within the 20-day period, notify the filing officer in
 2176  writing of his or her intention to bring the matter before the
 2177  commission.
 2178         (d) The appropriate filing officer shall notify the Florida
 2179  Elections Commission of the repeated late filing by an executive
 2180  committee or affiliated party committee, the failure of an
 2181  executive committee or affiliated party committee to file a
 2182  report after notice, or the failure to pay the fine imposed.
 2183         (4) Any contribution received by a state or county
 2184  executive committee or affiliated party committee less than 5
 2185  days before an election may shall not be used or expended in
 2186  behalf of any candidate, issue, affiliated party committee, or
 2187  political party participating in such election.
 2188         (5) A No state or county executive committee or affiliated
 2189  party committee, in the furtherance of any candidate or
 2190  political party, directly or indirectly, may not shall give,
 2191  pay, or expend any money, give or pay anything of value,
 2192  authorize any expenditure, or become pecuniarily liable for any
 2193  expenditure prohibited by this chapter. However, the
 2194  contribution of funds by one executive committee to another or
 2195  to established party organizations for legitimate party or
 2196  campaign purposes is not prohibited, but all such contributions
 2197  shall be recorded and accounted for in the reports of the
 2198  contributor and recipient.
 2199         (6)(a) The national, state, and county executive committees
 2200  of a political party and affiliated party committees may not
 2201  contribute to any candidate any amount in excess of the limits
 2202  contained in s. 106.08(2), and all contributions required to be
 2203  reported under s. 106.08(2) by the national executive committee
 2204  of a political party shall be reported by the state executive
 2205  committee of that political party.
 2206         (b) A violation of the contribution limits contained in s.
 2207  106.08(2) is a misdemeanor of the first degree, punishable as
 2208  provided in s. 775.082 or s. 775.083. A civil penalty equal to
 2209  three times the amount in excess of the limits contained in s.
 2210  106.08(2) shall be assessed against any executive committee
 2211  found in violation thereof.
 2212         Section 17. By December 1, 2013, the Division of Elections
 2213  shall submit a proposal to the President of the Senate and the
 2214  Speaker of the House of Representatives for a mandatory
 2215  statewide electronic filing system for all state and local
 2216  campaign filings required by s. 106.07, s. 106.0703, or s.
 2217  106.29.
 2218         Section 18. Subsection (3) of section 101.62, Florida
 2219  Statutes, is amended to read:
 2220         101.62 Request for absentee ballots.—
 2221         (3) For each request for an absentee ballot received, the
 2222  supervisor shall record the date the request was made, the date
 2223  the absentee ballot was delivered to the voter or the voter’s
 2224  designee or the date the absentee ballot was delivered to the
 2225  post office or other carrier, the date the ballot was received
 2226  by the supervisor, and such other information he or she may deem
 2227  necessary. This information shall be provided in electronic
 2228  format as provided by rule adopted by the division. The
 2229  information shall be updated and made available no later than 8
 2230  a.m. of each day, including weekends, beginning 60 days before
 2231  the primary until 15 days after the general election and shall
 2232  be contemporaneously provided to the division. This information
 2233  shall be confidential and exempt from the provisions of s.
 2234  119.07(1) and shall be made available to or reproduced only for
 2235  the voter requesting the ballot, a canvassing board, an election
 2236  official, a political party or official thereof, a candidate who
 2237  has filed qualification papers and is opposed in an upcoming
 2238  election, and registered political committees or registered
 2239  committees of continuous existence, for political purposes only.
 2240         Section 19. Paragraph (a) of subsection (4) of section
 2241  102.031, Florida Statutes, is amended to read:
 2242         102.031 Maintenance of good order at polls; authorities;
 2243  persons allowed in polling rooms and early voting areas;
 2244  unlawful solicitation of voters.—
 2245         (4)(a) No person, political committee, committee of
 2246  continuous existence, or other group or organization may solicit
 2247  voters inside the polling place or within 100 feet of the
 2248  entrance to any polling place, or polling room where the polling
 2249  place is also a polling room, or early voting site. Before the
 2250  opening of the polling place or early voting site, the clerk or
 2251  supervisor shall designate the no-solicitation zone and mark the
 2252  boundaries.
 2253         Section 20. Subsection (2) of section 106.087, Florida
 2254  Statutes, is amended to read:
 2255         106.087 Independent expenditures; contribution limits;
 2256  restrictions on political parties and, political committees, and
 2257  committees of continuous existence.—
 2258         (2)(a) Any political committee or committee of continuous
 2259  existence that accepts the use of public funds, equipment,
 2260  personnel, or other resources to collect dues from its members
 2261  agrees not to make independent expenditures in support of or
 2262  opposition to a candidate or elected public official. However,
 2263  expenditures may be made for the sole purpose of jointly
 2264  endorsing three or more candidates.
 2265         (b) Any political committee or committee of continuous
 2266  existence that violates this subsection is liable for a civil
 2267  fine of up to $5,000 to be determined by the Florida Elections
 2268  Commission or the entire amount of the expenditures, whichever
 2269  is greater.
 2270         Section 21. Subsection (3) of section 106.12, Florida
 2271  Statutes, is amended to read:
 2272         106.12 Petty cash funds allowed.—
 2273         (3) The petty cash fund so provided may shall be spent only
 2274  in amounts less than $100 and only for office supplies,
 2275  transportation expenses, and other necessities. Petty cash may
 2276  shall not be used for the purchase of time, space, or services
 2277  from communications media as defined in s. 106.011 106.011(13).
 2278         Section 22. Paragraph (b) of subsection (3) of section
 2279  106.147, Florida Statutes, is amended to read:
 2280         106.147 Telephone solicitation; disclosure requirements;
 2281  prohibitions; exemptions; penalties.—
 2282         (3)
 2283         (b) For purposes of paragraph (a), the term “person”
 2284  includes any candidate; any officer of any political committee,
 2285  committee of continuous existence, affiliated party committee,
 2286  or political party executive committee; any officer, partner,
 2287  attorney, or other representative of a corporation, partnership,
 2288  or other business entity; and any agent or other person acting
 2289  on behalf of any candidate, political committee, committee of
 2290  continuous existence, affiliated party committee, political
 2291  party executive committee, or corporation, partnership, or other
 2292  business entity.
 2293         Section 23. Section 106.17, Florida Statutes, is amended to
 2294  read:
 2295         106.17 Polls and surveys relating to candidacies.—Any
 2296  candidate, political committee, committee of continuous
 2297  existence, electioneering communication organization, affiliated
 2298  party committee, or state or county executive committee of a
 2299  political party may authorize or conduct a political poll,
 2300  survey, index, or measurement of any kind relating to candidacy
 2301  for public office so long as the candidate, political committee,
 2302  committee of continuous existence, electioneering communication
 2303  organization, affiliated party committee, or political party
 2304  maintains complete jurisdiction over the poll in all its
 2305  aspects. State and county executive committees of a political
 2306  party or an affiliated party committee may authorize and conduct
 2307  political polls for the purpose of determining the viability of
 2308  potential candidates. Such poll results may be shared with
 2309  potential candidates, and expenditures incurred by state and
 2310  county executive committees or an affiliated party committee for
 2311  potential candidate polls are not contributions to the potential
 2312  candidates.
 2313         Section 24. Subsection (2) of section 106.23, Florida
 2314  Statutes, is amended to read:
 2315         106.23 Powers of the Division of Elections.—
 2316         (2) The Division of Elections shall provide advisory
 2317  opinions when requested by any supervisor of elections,
 2318  candidate, local officer having election-related duties,
 2319  political party, affiliated party committee, political
 2320  committee, committee of continuous existence, or other person or
 2321  organization engaged in political activity, relating to any
 2322  provisions or possible violations of Florida election laws with
 2323  respect to actions such supervisor, candidate, local officer
 2324  having election-related duties, political party, affiliated
 2325  party committee, committee, person, or organization has taken or
 2326  proposes to take. Requests for advisory opinions must be
 2327  submitted in accordance with rules adopted by the Department of
 2328  State. A written record of all such opinions issued by the
 2329  division, sequentially numbered, dated, and indexed by subject
 2330  matter, shall be retained. A copy shall be sent to said person
 2331  or organization upon request. Any such person or organization,
 2332  acting in good faith upon such an advisory opinion, shall not be
 2333  subject to any criminal penalty provided for in this chapter.
 2334  The opinion, until amended or revoked, shall be binding on any
 2335  person or organization who sought the opinion or with reference
 2336  to whom the opinion was sought, unless material facts were
 2337  omitted or misstated in the request for the advisory opinion.
 2338         Section 25. Subsections (2) and (3) of section 106.265,
 2339  Florida Statutes, are amended to read:
 2340         106.265 Civil penalties.—
 2341         (2) In determining the amount of such civil penalties, the
 2342  commission or administrative law judge shall consider, among
 2343  other mitigating and aggravating circumstances:
 2344         (a) The gravity of the act or omission;
 2345         (b) Any previous history of similar acts or omissions;
 2346         (c) The appropriateness of such penalty to the financial
 2347  resources of the person, political committee, committee of
 2348  continuous existence, affiliated party committee, electioneering
 2349  communications organization, or political party; and
 2350         (d) Whether the person, political committee, committee of
 2351  continuous existence, affiliated party committee, electioneering
 2352  communications organization, or political party has shown good
 2353  faith in attempting to comply with the provisions of this
 2354  chapter or chapter 104.
 2355         (3) If any person, political committee, committee of
 2356  continuous existence, affiliated party committee, electioneering
 2357  communications organization, or political party fails or refuses
 2358  to pay to the commission any civil penalties assessed pursuant
 2359  to the provisions of this section, the commission shall be
 2360  responsible for collecting the civil penalties resulting from
 2361  such action.
 2362         Section 26. Subsection (2) of section 106.27, Florida
 2363  Statutes, is amended to read:
 2364         106.27 Determinations by commission; legal disposition.—
 2365         (2) Civil actions may be brought by the commission for
 2366  relief, including permanent or temporary injunctions,
 2367  restraining orders, or any other appropriate order for the
 2368  imposition of civil penalties provided by this chapter. Such
 2369  civil actions shall be brought by the commission in the
 2370  appropriate court of competent jurisdiction, and the venue shall
 2371  be in the county in which the alleged violation occurred or in
 2372  which the alleged violator or violators are found, reside, or
 2373  transact business. Upon a proper showing that such person,
 2374  political committee, committee of continuous existence,
 2375  affiliated party committee, or political party has engaged, or
 2376  is about to engage, in prohibited acts or practices, a permanent
 2377  or temporary injunction, restraining order, or other order shall
 2378  be granted without bond by such court, and the civil fines
 2379  provided by this chapter may be imposed.
 2380         Section 27. Subsection (3) of section 106.32, Florida
 2381  Statutes, is amended to read:
 2382         106.32 Election Campaign Financing Trust Fund.—
 2383         (3) Proceeds from assessments pursuant to ss. 106.04,
 2384  106.07, and 106.29 shall be deposited into the Election Campaign
 2385  Financing Trust Fund as designated in those sections.
 2386         Section 28. Section 106.33, Florida Statutes, is amended to
 2387  read:
 2388         106.33 Election campaign financing; eligibility.—Each
 2389  candidate for the office of Governor or member of the Cabinet
 2390  who desires to receive contributions from the Election Campaign
 2391  Financing Trust Fund shall, upon qualifying for office, shall
 2392  file a request for such contributions with the filing officer on
 2393  forms provided by the Division of Elections. If a candidate
 2394  requesting contributions from the fund desires to have such
 2395  funds distributed by electronic fund transfers, the request
 2396  shall include information necessary to implement that procedure.
 2397  For the purposes of ss. 106.30-106.36, the respective candidates
 2398  running for Governor and Lieutenant Governor on the same ticket
 2399  shall be considered as a single candidate. To be eligible to
 2400  receive contributions from the fund, a candidate may not be an
 2401  unopposed candidate as defined in s. 106.011 106.011(15) and
 2402  must:
 2403         (1) Agree to abide by the expenditure limits provided in s.
 2404  106.34.
 2405         (2)(a) Raise contributions as follows:
 2406         1. One hundred fifty thousand dollars for a candidate for
 2407  Governor.
 2408         2. One hundred thousand dollars for a candidate for Cabinet
 2409  office.
 2410         (b) Contributions from individuals who at the time of
 2411  contributing are not state residents may not be used to meet the
 2412  threshold amounts in paragraph (a). For purposes of this
 2413  paragraph, any person validly registered to vote in this state
 2414  shall be considered a state resident.
 2415         (3) Limit loans or contributions from the candidate’s
 2416  personal funds to $25,000 and contributions from national,
 2417  state, and county executive committees of a political party to
 2418  $250,000 in the aggregate, which loans or contributions do shall
 2419  not qualify for meeting the threshold amounts in subsection (2).
 2420         (4) Submit to a postelection audit of the campaign account
 2421  by the division.
 2422         Section 29. Section 111.075, Florida Statutes, is amended
 2423  to read:
 2424         111.075 Elected officials; prohibition concerning certain
 2425  committees.—Elected officials are prohibited from being employed
 2426  by, or acting as a consultant for compensation to, a political
 2427  committee or committee of continuous existence.
 2428         Section 30. Subsections (3) and (4) and paragraph (a) of
 2429  subsection (5) of section 112.3148, Florida Statutes, are
 2430  amended to read:
 2431         112.3148 Reporting and prohibited receipt of gifts by
 2432  individuals filing full or limited public disclosure of
 2433  financial interests and by procurement employees.—
 2434         (3) A reporting individual or procurement employee is
 2435  prohibited from soliciting any gift from a political committee
 2436  or committee of continuous existence, as defined in s. 106.011,
 2437  or from a lobbyist who lobbies the reporting individual’s or
 2438  procurement employee’s agency, or the partner, firm, employer,
 2439  or principal of such lobbyist, where such gift is for the
 2440  personal benefit of the reporting individual or procurement
 2441  employee, another reporting individual or procurement employee,
 2442  or any member of the immediate family of a reporting individual
 2443  or procurement employee.
 2444         (4) A reporting individual or procurement employee or any
 2445  other person on his or her behalf is prohibited from knowingly
 2446  accepting, directly or indirectly, a gift from a political
 2447  committee or committee of continuous existence, as defined in s.
 2448  106.011, or from a lobbyist who lobbies the reporting
 2449  individual’s or procurement employee’s agency, or directly or
 2450  indirectly on behalf of the partner, firm, employer, or
 2451  principal of a lobbyist, if he or she knows or reasonably
 2452  believes that the gift has a value in excess of $100; however,
 2453  such a gift may be accepted by such person on behalf of a
 2454  governmental entity or a charitable organization. If the gift is
 2455  accepted on behalf of a governmental entity or charitable
 2456  organization, the person receiving the gift shall not maintain
 2457  custody of the gift for any period of time beyond that
 2458  reasonably necessary to arrange for the transfer of custody and
 2459  ownership of the gift.
 2460         (5)(a) A political committee or a committee of continuous
 2461  existence, as defined in s. 106.011; a lobbyist who lobbies a
 2462  reporting individual’s or procurement employee’s agency; the
 2463  partner, firm, employer, or principal of a lobbyist; or another
 2464  on behalf of the lobbyist or partner, firm, principal, or
 2465  employer of the lobbyist is prohibited from giving, either
 2466  directly or indirectly, a gift that has a value in excess of
 2467  $100 to the reporting individual or procurement employee or any
 2468  other person on his or her behalf; however, such person may give
 2469  a gift having a value in excess of $100 to a reporting
 2470  individual or procurement employee if the gift is intended to be
 2471  transferred to a governmental entity or a charitable
 2472  organization.
 2473         Section 31. Subsections (3) and (4) of section 112.3149,
 2474  Florida Statutes, are amended to read:
 2475         112.3149 Solicitation and disclosure of honoraria.—
 2476         (3) A reporting individual or procurement employee is
 2477  prohibited from knowingly accepting an honorarium from a
 2478  political committee or committee of continuous existence, as
 2479  defined in s. 106.011, from a lobbyist who lobbies the reporting
 2480  individual’s or procurement employee’s agency, or from the
 2481  employer, principal, partner, or firm of such a lobbyist.
 2482         (4) A political committee or committee of continuous
 2483  existence, as defined in s. 106.011, a lobbyist who lobbies a
 2484  reporting individual’s or procurement employee’s agency, or the
 2485  employer, principal, partner, or firm of such a lobbyist is
 2486  prohibited from giving an honorarium to a reporting individual
 2487  or procurement employee.
 2488         Section 32. Subsection (4) of section 1004.28, Florida
 2489  Statutes, is amended to read:
 2490         1004.28 Direct-support organizations; use of property;
 2491  board of directors; activities; audit; facilities.—
 2492         (4) ACTIVITIES; RESTRICTION.—A university direct-support
 2493  organization is prohibited from giving, either directly or
 2494  indirectly, any gift to a political committee or committee of
 2495  continuous existence as defined in s. 106.011 for any purpose
 2496  other than those certified by a majority roll call vote of the
 2497  governing board of the direct-support organization at a
 2498  regularly scheduled meeting as being directly related to the
 2499  educational mission of the university.
 2500         Section 33. Paragraph (d) of subsection (4) of section
 2501  1004.70, Florida Statutes, is amended to read:
 2502         1004.70 Florida College System institution direct-support
 2503  organizations.—
 2504         (4) ACTIVITIES; RESTRICTIONS.—
 2505         (d) A Florida College System institution direct-support
 2506  organization is prohibited from giving, either directly or
 2507  indirectly, any gift to a political committee or committee of
 2508  continuous existence as defined in s. 106.011 for any purpose
 2509  other than those certified by a majority roll call vote of the
 2510  governing board of the direct-support organization at a
 2511  regularly scheduled meeting as being directly related to the
 2512  educational mission of the Florida College System institution.
 2513         Section 34. Paragraph (c) of subsection (4) of section
 2514  1004.71, Florida Statutes, is amended to read:
 2515         1004.71 Statewide Florida College System institution
 2516  direct-support organizations.—
 2517         (4) RESTRICTIONS.—
 2518         (c) A statewide Florida College System institution direct
 2519  support organization is prohibited from giving, either directly
 2520  or indirectly, any gift to a political committee or committee of
 2521  continuous existence as defined in s. 106.011 for any purpose
 2522  other than those certified by a majority roll call vote of the
 2523  governing board of the direct-support organization at a
 2524  regularly scheduled meeting as being directly related to the
 2525  educational mission of the State Board of Education.
 2526         Section 35. For the purpose of incorporating the amendment
 2527  made by this act into section 106.08, Florida Statutes, in a
 2528  reference thereto, subsection (2) of section 106.075, Florida
 2529  Statutes, is reenacted to read:
 2530         106.075 Elected officials; report of loans made in year
 2531  preceding election; limitation on contributions to pay loans.—
 2532         (2) Any person who makes a contribution to an individual to
 2533  pay all or part of a loan incurred, in the 12 months preceding
 2534  the election, to be used for the individual’s campaign, may not
 2535  contribute more than the amount which is allowed in s.
 2536  106.08(1).
 2537         Section 36. For the purpose of incorporating the amendments
 2538  made by this act to sections 106.08 and 106.11, Florida
 2539  Statutes, in references thereto, section 106.19, Florida
 2540  Statutes, is reenacted to read:
 2541         106.19 Violations by candidates, persons connected with
 2542  campaigns, and political committees.—
 2543         (1) Any candidate; campaign manager, campaign treasurer, or
 2544  deputy treasurer of any candidate; committee chair, vice chair,
 2545  campaign treasurer, deputy treasurer, or other officer of any
 2546  political committee; agent or person acting on behalf of any
 2547  candidate or political committee; or other person who knowingly
 2548  and willfully:
 2549         (a) Accepts a contribution in excess of the limits
 2550  prescribed by s. 106.08;
 2551         (b) Fails to report any contribution required to be
 2552  reported by this chapter;
 2553         (c) Falsely reports or deliberately fails to include any
 2554  information required by this chapter; or
 2555         (d) Makes or authorizes any expenditure in violation of s.
 2556  106.11(4) or any other expenditure prohibited by this chapter;
 2557  
 2558  is guilty of a misdemeanor of the first degree, punishable as
 2559  provided in s. 775.082 or s. 775.083.
 2560         (2) Any candidate, campaign treasurer, or deputy treasurer;
 2561  any chair, vice chair, or other officer of any political
 2562  committee; any agent or person acting on behalf of any candidate
 2563  or political committee; or any other person who violates
 2564  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be
 2565  subject to a civil penalty equal to three times the amount
 2566  involved in the illegal act. Such penalty may be in addition to
 2567  the penalties provided by subsection (1) and shall be paid into
 2568  the General Revenue Fund of this state.
 2569         (3) A political committee sponsoring a constitutional
 2570  amendment proposed by initiative which submits a petition form
 2571  gathered by a paid petition circulator which does not provide
 2572  the name and address of the paid petition circulator on the form
 2573  is subject to the civil penalties prescribed in s. 106.265.
 2574         (4) Except as otherwise expressly stated, the failure by a
 2575  candidate to comply with the requirements of this chapter has no
 2576  effect upon whether the candidate has qualified for the office
 2577  the candidate is seeking.
 2578         Section 37. Except as otherwise expressly provided in this
 2579  act and except for this section, which shall take effect upon
 2580  becoming a law, this act shall take effect November 1, 2013.