Florida Senate - 2013        CS for CS for CS for CS for SB 1382
       
       
       
       By the Committees on Appropriations; Rules; Community Affairs;
       and Ethics and Elections; and Senator Latvala
       
       
       
       576-04648-13                                          20131382c4
    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         that contributions received before a candidate changes
   27         his or her candidacy to a different office count
   28         towards the contribution limits for the newly
   29         designated office; prohibiting a political committee
   30         from making an expenditure for the purpose of jointly
   31         endorsing three or more candidates outside the scope
   32         of the requirements of ch. 106, F.S.; amending s.
   33         106.022, F.S.; conforming a provision to changes made
   34         by the act; amending s. 106.025, F.S.; providing that
   35         tickets or advertising for a campaign fundraiser must
   36         comply with the requirements of political
   37         advertisements circulated before an election; amending
   38         s. 106.03, F.S.; conforming provisions and cross
   39         references to changes made by the act; amending s.
   40         106.05, F.S.; revising the information that is
   41         required to appear on a bank account for deposit of
   42         funds; reenacting and amending s. 106.07, F.S.,
   43         relating to reports by campaign treasurers; revising
   44         reporting requirements for candidates and political
   45         committees; conforming a cross-reference; creating s.
   46         106.0702, F.S.; requiring certain individuals seeking
   47         a publicly-elected position on a political party
   48         executive committee to file a report with the
   49         supervisor of elections before the primary election;
   50         providing filing and notice requirements; specifying
   51         the contents of the report; requiring the supervisor
   52         to make a specified form available to a reporting
   53         individual; requiring the reporting individual to
   54         certify to the correctness of the report; providing
   55         criminal penalties for a reporting individual who
   56         willfully files an incorrect, false, or incomplete
   57         report; providing for a fine under specified
   58         conditions; authorizing a reporting individual to
   59         appeal a fine to the Florida Elections Commission;
   60         requiring the supervisor to notify the commission of
   61         specified violations; amending s. 106.0703, F.S.;
   62         revising reporting requirements for electioneering
   63         communications organizations; reenacting and amending
   64         s. 106.0705, F.S., relating to the electronic filing
   65         of campaign treasurer’s reports; conforming provisions
   66         and cross-references to changes made by the act;
   67         amending s. 106.08, F.S.; increasing the limitations
   68         on contributions made to political committees;
   69         removing a limitation on contributions made by
   70         specified minors; revising limitations on
   71         contributions to non-statewide candidates from
   72         specified political party committees; conforming
   73         provisions and cross-references to changes made by the
   74         act; reenacting and amending s. 106.11, F.S.;
   75         specifying restrictions on expenditures by political
   76         committees; providing a penalty; revising the
   77         information that is required to appear on bank account
   78         checks of candidates or political committees; revising
   79         information used to determine when debit cards are
   80         considered bank checks; amending s. 106.141, F.S.;
   81         prohibiting a candidate from giving more than a
   82         specified amount of surplus funds to an affiliated
   83         party committee or political party; increasing the
   84         amount of funds that certain candidates may transfer
   85         to an office account; specifying permissible expenses
   86         with office account funds; defining the term “same
   87         office”; modifying requirements and conditions for
   88         disposing of and transferring surplus funds;
   89         authorizing certain candidates to retain a specified
   90         amount of funds for reelection to the same office;
   91         establishing requirements and conditions for retained
   92         funds; providing procedures for disposition of
   93         retained funds in certain circumstances; making
   94         changes to conform to the act; reenacting and amending
   95         s. 106.29, F.S.; revising reporting requirements for
   96         political parties and affiliated party committees;
   97         requiring the Division of Elections to submit a
   98         proposal for a mandatory statewide electronic filing
   99         system for certain state and local candidates to the
  100         Legislature by a specified date; amending ss. 101.62,
  101         102.031, 106.087, 106.12, 106.147, 106.17, 106.23,
  102         106.265, 106.27, 106.32, 106.33, 111.075, 112.3148,
  103         112.3149, 1004.28, 1004.70, and 1004.71, F.S.;
  104         conforming provisions and cross-references to changes
  105         made by the act; reenacting s. 106.19, F.S., relating
  106         to criminal and enhanced civil penalties for certain
  107         campaign finance violations, to incorporate the
  108         amendments made to ss. 106.08 and 106.11, F.S., in
  109         references thereto; providing appropriations;
  110         authorizing specified numbers of full-time equivalent
  111         positions with associated salary rates within the
  112         Florida Elections Commission and the Division of
  113         Elections; providing effective dates.
  114  
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Section 106.04, Florida Statutes, is repealed.
  118         Section 2. (1) Effective August 1, 2013, a committee of
  119  continuous existence may not accept a contribution as defined in
  120  s. 106.011, Florida Statutes. By July 15, 2013, the Division of
  121  Elections of the Department of State shall notify each committee
  122  of continuous existence of the prohibition on accepting such a
  123  contribution as provided under this subsection.
  124         (2) Effective September 30, 2013, the certification of each
  125  committee of continuous existence is revoked and all committee
  126  accounts must have a zero balance. By July 15, 2013, the
  127  Division of Elections of the Department of State shall notify
  128  each committee of continuous existence of the revocation of its
  129  certification pursuant to this subsection. Following the
  130  revocation of certification, each committee of continuous
  131  existence shall file any outstanding report as required by law.
  132         (3)(a) A violation of this section or any other provision
  133  of chapter 106 constitutes a violation of chapter 106 regardless
  134  of whether the committee of continuous existence is legally
  135  dissolved.
  136         (b) A political committee or electioneering communications
  137  organization that has received funds from a committee of
  138  continuous existence whose certification has been revoked and
  139  that is directly or indirectly established, maintained, or
  140  controlled by the same individual or group as the former
  141  committee of continuous existence, is responsible for any unpaid
  142  fine or penalty incurred by the former committee of continuous
  143  existence. If no such political committee or electioneering
  144  communications organization exists, the principal officers of
  145  the former committee of continuous existence shall be jointly
  146  and severally liable for any fine or penalty.
  147         (4) Notwithstanding any other provision of law, a committee
  148  of continuous existence may make unlimited contributions to a
  149  political committee.
  150         (5) This section shall be effective upon this act becoming
  151  a law.
  152         Section 3. Section 106.011, Florida Statutes, is reordered
  153  and amended to read:
  154         106.011 Definitions.—As used in this chapter, the following
  155  terms have the following meanings unless the context clearly
  156  indicates otherwise:
  157         (16)(1)(a) “Political committee” means:
  158         1. A combination of two or more individuals, or a person
  159  other than an individual, that, in an aggregate amount in excess
  160  of $500 during a single calendar year:
  161         a. Accepts contributions for the purpose of making
  162  contributions to any candidate, political committee, committee
  163  of continuous existence, affiliated party committee, or
  164  political party;
  165         b. Accepts contributions for the purpose of expressly
  166  advocating the election or defeat of a candidate or the passage
  167  or defeat of an issue;
  168         c. Makes expenditures that expressly advocate the election
  169  or defeat of a candidate or the passage or defeat of an issue;
  170  or
  171         d. Makes contributions to a common fund, other than a joint
  172  checking account between spouses, from which contributions are
  173  made to any candidate, political committee, committee of
  174  continuous existence, affiliated party committee, or political
  175  party;
  176         2. The sponsor of a proposed constitutional amendment by
  177  initiative who intends to seek the signatures of registered
  178  electors.
  179         (b) Notwithstanding paragraph (a), the following entities
  180  are not considered political committees for purposes of this
  181  chapter:
  182         1. Organizations which are certified by the Department of
  183  State as committees of continuous existence pursuant to s.
  184  106.04, National political parties, the state and county
  185  executive committees of political parties, and affiliated party
  186  committees regulated by chapter 103.
  187         2. Corporations regulated by chapter 607 or chapter 617 or
  188  other business entities formed for purposes other than to
  189  support or oppose issues or candidates, if their political
  190  activities are limited to contributions to candidates, political
  191  parties, affiliated party committees, or political committees or
  192  expenditures in support of or opposition to an issue from
  193  corporate or business funds and if no contributions are received
  194  by such corporations or business entities.
  195         3. Electioneering communications organizations as defined
  196  in subsection (9) (19).
  197         (2) “Committee of continuous existence” means any group,
  198  organization, association, or other such entity which is
  199  certified pursuant to the provisions of s. 106.04.
  200         (5)(3) “Contribution” means:
  201         (a) A gift, subscription, conveyance, deposit, loan,
  202  payment, or distribution of money or anything of value,
  203  including contributions in kind having an attributable monetary
  204  value in any form, made for the purpose of influencing the
  205  results of an election or making an electioneering
  206  communication.
  207         (b) A transfer of funds between political committees,
  208  between committees of continuous existence, between
  209  electioneering communications organizations, or between any
  210  combination of these groups.
  211         (c) The payment, by a any person other than a candidate or
  212  political committee, of compensation for the personal services
  213  of another person which are rendered to a candidate or political
  214  committee without charge to the candidate or committee for such
  215  services.
  216         (d) The transfer of funds by a campaign treasurer or deputy
  217  campaign treasurer between a primary depository and a separate
  218  interest-bearing account or certificate of deposit, and the term
  219  includes any interest earned on such account or certificate.
  220  
  221  Notwithstanding the foregoing meanings of “contribution,” the
  222  term may not be construed to include services, including, but
  223  not limited to, legal and accounting services, provided without
  224  compensation by individuals volunteering a portion or all of
  225  their time on behalf of a candidate or political committee or
  226  editorial endorsements.
  227         (10)(4)(a) “Expenditure” means a purchase, payment,
  228  distribution, loan, advance, transfer of funds by a campaign
  229  treasurer or deputy campaign treasurer between a primary
  230  depository and a separate interest-bearing account or
  231  certificate of deposit, or gift of money or anything of value
  232  made for the purpose of influencing the results of an election
  233  or making an electioneering communication. However,
  234  “expenditure” does not include a purchase, payment,
  235  distribution, loan, advance, or gift of money or anything of
  236  value made for the purpose of influencing the results of an
  237  election when made by an organization, in existence before prior
  238  to the time during which a candidate qualifies or an issue is
  239  placed on the ballot for that election, for the purpose of
  240  printing or distributing such organization’s newsletter,
  241  containing a statement by such organization in support of or
  242  opposition to a candidate or issue, which newsletter is
  243  distributed only to members of such organization.
  244         (b) As used in this chapter, an “expenditure” for an
  245  electioneering communication is made when the earliest of the
  246  following occurs:
  247         1. A person enters into a contract for applicable goods or
  248  services;
  249         2. A person makes payment, in whole or in part, for the
  250  production or public dissemination of applicable goods or
  251  services; or
  252         3. The electioneering communication is publicly
  253  disseminated.
  254         (12)(5)(a) “Independent expenditure” means an expenditure
  255  by a person for the purpose of expressly advocating the election
  256  or defeat of a candidate or the approval or rejection of an
  257  issue, which expenditure is not controlled by, coordinated with,
  258  or made upon consultation with, any candidate, political
  259  committee, or agent of such candidate or committee. An
  260  expenditure for such purpose by a person having a contract with
  261  the candidate, political committee, or agent of such candidate
  262  or committee in a given election period is shall not be deemed
  263  an independent expenditure.
  264         (b) An expenditure for the purpose of expressly advocating
  265  the election or defeat of a candidate which is made by the
  266  national, state, or county executive committee of a political
  267  party, including any subordinate committee of the political
  268  party, an affiliated party committee, a political committee, a
  269  committee of continuous existence, or any other person is shall
  270  not be considered an independent expenditure if the committee or
  271  person:
  272         1. Communicates with the candidate, the candidate’s
  273  campaign, or an agent of the candidate acting on behalf of the
  274  candidate, including a any pollster, media consultant,
  275  advertising agency, vendor, advisor, or staff member, concerning
  276  the preparation of, use of, or payment for, the specific
  277  expenditure or advertising campaign at issue; or
  278         2. Makes a payment in cooperation, consultation, or concert
  279  with, at the request or suggestion of, or pursuant to a any
  280  general or particular understanding with the candidate, the
  281  candidate’s campaign, a political committee supporting the
  282  candidate, or an agent of the candidate relating to the specific
  283  expenditure or advertising campaign at issue; or
  284         3. Makes a payment for the dissemination, distribution, or
  285  republication, in whole or in part, of a any broadcast or a any
  286  written, graphic, or other form of campaign material prepared by
  287  the candidate, the candidate’s campaign, or an agent of the
  288  candidate, including a any pollster, media consultant,
  289  advertising agency, vendor, advisor, or staff member; or
  290         4. Makes a payment based on information about the
  291  candidate’s plans, projects, or needs communicated to a member
  292  of the committee or person by the candidate or an agent of the
  293  candidate, provided the committee or person uses the information
  294  in any way, in whole or in part, either directly or indirectly,
  295  to design, prepare, or pay for the specific expenditure or
  296  advertising campaign at issue; or
  297         5. After the last day of the qualifying period prescribed
  298  for the candidate, consults about the candidate’s plans,
  299  projects, or needs in connection with the candidate’s pursuit of
  300  election to office and the information is used in any way to
  301  plan, create, design, or prepare an independent expenditure or
  302  advertising campaign, with:
  303         a. An Any officer, director, employee, or agent of a
  304  national, state, or county executive committee of a political
  305  party or an affiliated party committee that has made or intends
  306  to make expenditures in connection with or contributions to the
  307  candidate; or
  308         b. A Any person whose professional services have been
  309  retained by a national, state, or county executive committee of
  310  a political party or an affiliated party committee that has made
  311  or intends to make expenditures in connection with or
  312  contributions to the candidate; or
  313         6. After the last day of the qualifying period prescribed
  314  for the candidate, retains the professional services of a any
  315  person also providing those services to the candidate in
  316  connection with the candidate’s pursuit of election to office;
  317  or
  318         7. Arranges, coordinates, or directs the expenditure, in
  319  any way, with the candidate or an agent of the candidate.
  320         (7)(6) “Election” means a any primary election, special
  321  primary election, general election, special election, or
  322  municipal election held in this state for the purpose of
  323  nominating or electing candidates to public office, choosing
  324  delegates to the national nominating conventions of political
  325  parties, selecting a member of a political party executive
  326  committee, or submitting an issue to the electors for their
  327  approval or rejection.
  328         (13)(7) “Issue” means a any proposition that which is
  329  required by the State Constitution, by law or resolution of the
  330  Legislature, or by the charter, ordinance, or resolution of a
  331  any political subdivision of this state to be submitted to the
  332  electors for their approval or rejection at an election, or a
  333  any proposition for which a petition is circulated in order to
  334  have such proposition placed on the ballot at an any election.
  335         (14)(8) “Person” means an individual or a corporation,
  336  association, firm, partnership, joint venture, joint stock
  337  company, club, organization, estate, trust, business trust,
  338  syndicate, or other combination of individuals having collective
  339  capacity. The term includes a political party, affiliated party
  340  committee, or political committee, or committee of continuous
  341  existence.
  342         (2)(9) “Campaign treasurer” means an individual appointed
  343  by a candidate or political committee as provided in this
  344  chapter.
  345         (17)(10) “Public office” means a any state, county,
  346  municipal, or school or other district office or position that
  347  which is filled by vote of the electors.
  348         (1)(11) “Campaign fund raiser” means an any affair held to
  349  raise funds to be used in a campaign for public office.
  350         (6)(12) “Division” means the Division of Elections of the
  351  Department of State.
  352         (4)(13) “Communications media” means broadcasting stations,
  353  newspapers, magazines, outdoor advertising facilities, printers,
  354  direct mail, advertising agencies, the Internet, and telephone
  355  companies; but with respect to telephones, an expenditure is
  356  shall be deemed to be an expenditure for the use of
  357  communications media only if made for the costs of telephones,
  358  paid telephonists, or automatic telephone equipment to be used
  359  by a candidate or a political committee to communicate with
  360  potential voters but excluding the any costs of telephones
  361  incurred by a volunteer for use of telephones by such volunteer;
  362  however, with respect to the Internet, an expenditure is shall
  363  be deemed an expenditure for use of communications media only if
  364  made for the cost of creating or disseminating a message on a
  365  computer information system accessible by more than one person
  366  but excluding internal communications of a campaign or of any
  367  group.
  368         (11)(14) “Filing officer” means the person before whom a
  369  candidate qualifies, or the agency or officer with whom a
  370  political committee or an electioneering communications
  371  organization registers, or the agency by whom a committee of
  372  continuous existence is certified.
  373         (18)(15) “Unopposed candidate” means a candidate for
  374  nomination or election to an office who, after the last day on
  375  which a any person, including a write-in candidate, may qualify,
  376  is without opposition in the election at which the office is to
  377  be filled or who is without such opposition after such date as a
  378  result of a any primary election or of withdrawal by other
  379  candidates seeking the same office. A candidate is not an
  380  unopposed candidate if there is a vacancy to be filled under s.
  381  100.111(3), if there is a legal proceeding pending regarding the
  382  right to a ballot position for the office sought by the
  383  candidate, or if the candidate is seeking retention as a justice
  384  or judge.
  385         (3)(16) “Candidate” means a any person to whom any one or
  386  more of the following applies apply:
  387         (a) A Any person who seeks to qualify for nomination or
  388  election by means of the petitioning process.
  389         (b) A Any person who seeks to qualify for election as a
  390  write-in candidate.
  391         (c) A Any person who receives contributions or makes
  392  expenditures, or consents for any other person to receive
  393  contributions or make expenditures, with a view to bring about
  394  his or her nomination or election to, or retention in, public
  395  office.
  396         (d) A Any person who appoints a treasurer and designates a
  397  primary depository.
  398         (e) A Any person who files qualification papers and
  399  subscribes to a candidate’s oath as required by law.
  400  
  401  However, this definition does not include any candidate for a
  402  political party executive committee. Expenditures related to
  403  potential candidate polls as provided in s. 106.17 are not
  404  contributions or expenditures for purposes of this subsection.
  405         (15)(17) “Political advertisement” means a paid expression
  406  in a any communications media prescribed in subsection (4) (13),
  407  whether radio, television, newspaper, magazine, periodical,
  408  campaign literature, direct mail, or display or by means other
  409  than the spoken word in direct conversation, which expressly
  410  advocates the election or defeat of a candidate or the approval
  411  or rejection of an issue. However, political advertisement does
  412  not include:
  413         (a) A statement by an organization, in existence before
  414  prior to the time during which a candidate qualifies or an issue
  415  is placed on the ballot for that election, in support of or
  416  opposition to a candidate or issue, in that organization’s
  417  newsletter, which newsletter is distributed only to the members
  418  of that organization.
  419         (b) Editorial endorsements by a any newspaper, a radio or
  420  television station, or any other recognized news medium.
  421         (8)(18)(a) “Electioneering communication” means any
  422  communication that is publicly distributed by a television
  423  station, radio station, cable television system, satellite
  424  system, newspaper, magazine, direct mail, or telephone and that:
  425         1. Refers to or depicts a clearly identified candidate for
  426  office without expressly advocating the election or defeat of a
  427  candidate but that is susceptible of no reasonable
  428  interpretation other than an appeal to vote for or against a
  429  specific candidate;
  430         2. Is made within 30 days before a primary or special
  431  primary election or 60 days before any other election for the
  432  office sought by the candidate; and
  433         3. Is targeted to the relevant electorate in the geographic
  434  area the candidate would represent if elected.
  435         (b) The term “electioneering communication” does not
  436  include:
  437         1. A communication disseminated through a means of
  438  communication other than a television station, radio station,
  439  cable television system, satellite system, newspaper, magazine,
  440  direct mail, telephone, or statement or depiction by an
  441  organization, in existence before prior to the time during which
  442  a candidate named or depicted qualifies for that election, made
  443  in that organization’s newsletter, which newsletter is
  444  distributed only to members of that organization.
  445         2. A communication in a news story, commentary, or
  446  editorial distributed through the facilities of a any radio
  447  station, television station, cable television system, or
  448  satellite system, unless the facilities are owned or controlled
  449  by a any political party, political committee, or candidate. A
  450  news story distributed through the facilities owned or
  451  controlled by a any political party, political committee, or
  452  candidate may nevertheless be exempt if it represents a bona
  453  fide news account communicated through a licensed broadcasting
  454  facility and the communication is part of a general pattern of
  455  campaign-related news accounts that give reasonably equal
  456  coverage to all opposing candidates in the area.
  457         3. A communication that constitutes a public debate or
  458  forum that includes at least two opposing candidates for an
  459  office or one advocate and one opponent of an issue, or that
  460  solely promotes such a debate or forum and is made by or on
  461  behalf of the person sponsoring the debate or forum, provided
  462  that:
  463         a. The staging organization is either:
  464         (I) A charitable organization that does not make other
  465  electioneering communications and does not otherwise support or
  466  oppose any political candidate or political party; or
  467         (II) A newspaper, radio station, television station, or
  468  other recognized news medium; and
  469         b. The staging organization does not structure the debate
  470  to promote or advance one candidate or issue position over
  471  another.
  472         (c) For purposes of this chapter, an expenditure made for,
  473  or in furtherance of, an electioneering communication is shall
  474  not be considered a contribution to or on behalf of any
  475  candidate.
  476         (d) For purposes of this chapter, an electioneering
  477  communication does shall not constitute an independent
  478  expenditure and is not nor be subject to the limitations
  479  applicable to independent expenditures.
  480         (9)(19) “Electioneering communications organization” means
  481  any group, other than a political party, affiliated party
  482  committee, or political committee, or committee of continuous
  483  existence, whose election-related activities are limited to
  484  making expenditures for electioneering communications or
  485  accepting contributions for the purpose of making electioneering
  486  communications and whose activities would not otherwise require
  487  the group to register as a political party, or political
  488  committee, or committee of continuous existence under this
  489  chapter.
  490         Section 4. Paragraph (a) of subsection (1) and paragraph
  491  (d) of subsection (3) of section 106.021, Florida Statutes, are
  492  amended to read:
  493         106.021 Campaign treasurers; deputies; primary and
  494  secondary depositories.—
  495         (1)(a) Each candidate for nomination or election to office
  496  and each political committee shall appoint a campaign treasurer.
  497  Each person who seeks to qualify for nomination or election to,
  498  or retention in, office shall appoint a campaign treasurer and
  499  designate a primary campaign depository before prior to
  500  qualifying for office. Any person who seeks to qualify for
  501  election or nomination to any office by means of the petitioning
  502  process shall appoint a treasurer and designate a primary
  503  depository on or before the date he or she obtains the
  504  petitions. Each candidate shall At the same time a candidate he
  505  or she designates a campaign depository and appoints a
  506  treasurer, the candidate shall also designate the office for
  507  which he or she is a candidate. If the candidate is running for
  508  an office that which will be grouped on the ballot with two or
  509  more similar offices to be filled at the same election, the
  510  candidate must indicate for which group or district office he or
  511  she is running. Nothing in This subsection does not shall
  512  prohibit a candidate, at a later date, from changing the
  513  designation of the office for which he or she is a candidate.
  514  However, if a candidate changes the designated office for which
  515  he or she is a candidate, the candidate must notify all
  516  contributors in writing of the intent to seek a different office
  517  and offer to return pro rata, upon their request, those
  518  contributions given in support of the original office sought.
  519  This notification shall be given within 15 days after the filing
  520  of the change of designation and shall include a standard form
  521  developed by the Division of Elections for requesting the return
  522  of contributions. The notice requirement does shall not apply to
  523  any change in a numerical designation resulting solely from
  524  redistricting. If, within 30 days after being notified by the
  525  candidate of the intent to seek a different office, the
  526  contributor notifies the candidate in writing that the
  527  contributor wishes his or her contribution to be returned, the
  528  candidate shall return the contribution, on a pro rata basis,
  529  calculated as of the date the change of designation is filed.
  530  Any contributions not requested to be returned within the 30-day
  531  period may be used by the candidate for the newly designated
  532  office; however, the full amount of the contribution for the
  533  original office shall count toward the contribution limits
  534  specified in s. 106.08 for the newly designated office. A No
  535  person may not shall accept any contribution or make any
  536  expenditure with a view to bringing about his or her nomination,
  537  election, or retention in public office, or authorize another to
  538  accept such contributions or make such expenditure on the
  539  person’s behalf, unless such person has appointed a campaign
  540  treasurer and designated a primary campaign depository. A
  541  candidate for an office voted upon statewide may appoint not
  542  more than 15 deputy campaign treasurers, and any other candidate
  543  or political committee may appoint not more than 3 deputy
  544  campaign treasurers. The names and addresses of the campaign
  545  treasurer and deputy campaign treasurers so appointed shall be
  546  filed with the officer before whom such candidate is required to
  547  qualify or with whom such political committee is required to
  548  register pursuant to s. 106.03.
  549         (3) No contribution or expenditure, including contributions
  550  or expenditures of a candidate or of the candidate’s family,
  551  shall be directly or indirectly made or received in furtherance
  552  of the candidacy of any person for nomination or election to
  553  political office in the state or on behalf of any political
  554  committee except through the duly appointed campaign treasurer
  555  of the candidate or political committee, subject to the
  556  following exceptions:
  557         (d) Expenditures made directly by any political committee,
  558  affiliated party committee, or political party regulated by
  559  chapter 103 for obtaining time, space, or services in or by any
  560  communications medium for the purpose of jointly endorsing three
  561  or more candidates, and any such expenditure may shall not be
  562  considered a contribution or expenditure to or on behalf of any
  563  such candidates for the purposes of this chapter.
  564         Section 5. Subsection (1) of section 106.022, Florida
  565  Statutes, is amended to read:
  566         106.022 Appointment of a registered agent; duties.—
  567         (1) Each political committee, committee of continuous
  568  existence, or electioneering communications organization shall
  569  have and continuously maintain in this state a registered office
  570  and a registered agent and must file with the filing officer a
  571  statement of appointment for the registered office and
  572  registered agent. The statement of appointment must:
  573         (a) Provide the name of the registered agent and the street
  574  address and phone number for the registered office;
  575         (b) Identify the entity for whom the registered agent
  576  serves;
  577         (c) Designate the address the registered agent wishes to
  578  use to receive mail;
  579         (d) Include the entity’s undertaking to inform the filing
  580  officer of any change in such designated address;
  581         (e) Provide for the registered agent’s acceptance of the
  582  appointment, which must confirm that the registered agent is
  583  familiar with and accepts the obligations of the position as set
  584  forth in this section; and
  585         (f) Contain the signature of the registered agent and the
  586  entity engaging the registered agent.
  587         Section 6. Paragraph (c) of subsection (1) of section
  588  106.025, Florida Statutes, is amended to read:
  589         106.025 Campaign fund raisers.—
  590         (1)
  591         (c) Any tickets or advertising for such a campaign fund
  592  raiser must comply with is exempt from the requirements of s.
  593  106.143.
  594         Section 7. Paragraph (b) of subsection (1) and subsection
  595  (2) of section 106.03, Florida Statutes, are amended to read:
  596         106.03 Registration of political committees and
  597  electioneering communications organizations.—
  598         (1)
  599         (b)1. Each group shall file a statement of organization as
  600  an electioneering communications organization within 24 hours
  601  after the date on which it makes expenditures for an
  602  electioneering communication in excess of $5,000, if such
  603  expenditures are made within the timeframes specified in s.
  604  106.011(8)(a)2. 106.011(18)(a)2. If the group makes expenditures
  605  for an electioneering communication in excess of $5,000 before
  606  the timeframes specified in s. 106.011(8)(a)2. 106.011(18)(a)2.,
  607  it shall file the statement of organization within 24 hours
  608  after the 30th day before a primary or special primary election,
  609  or within 24 hours after the 60th day before any other election,
  610  whichever is applicable.
  611         2.a. In a statewide, legislative, or multicounty election,
  612  an electioneering communications organization shall file a
  613  statement of organization with the Division of Elections.
  614         b. In a countywide election or any election held on less
  615  than a countywide basis, except as described in sub-subparagraph
  616  c., an electioneering communications organization shall file a
  617  statement of organization with the supervisor of elections of
  618  the county in which the election is being held.
  619         c. In a municipal election, an electioneering
  620  communications organization shall file a statement of
  621  organization with the officer before whom municipal candidates
  622  qualify.
  623         d. Any electioneering communications organization that
  624  would be required to file a statement of organization in two or
  625  more locations need only file a statement of organization with
  626  the Division of Elections.
  627         (2) The statement of organization shall include:
  628         (a) The name, mailing address, and street address of the
  629  committee or electioneering communications organization;
  630         (b) The names, street addresses, and relationships of
  631  affiliated or connected organizations, including any affiliated
  632  sponsors;
  633         (c) The area, scope, or jurisdiction of the committee or
  634  electioneering communications organization;
  635         (d) The name, mailing address, street address, and position
  636  of the custodian of books and accounts;
  637         (e) The name, mailing address, street address, and position
  638  of other principal officers, including the treasurer and deputy
  639  treasurer, if any;
  640         (f) The name, address, office sought, and party affiliation
  641  of:
  642         1. Each candidate whom the committee is supporting;
  643         2. Any other individual, if any, whom the committee is
  644  supporting for nomination for election, or election, to any
  645  public office whatever;
  646         (g) Any issue or issues the committee is supporting or
  647  opposing;
  648         (h) If the committee is supporting the entire ticket of any
  649  party, a statement to that effect and the name of the party;
  650         (i) A statement of whether the committee is a continuing
  651  one;
  652         (j) Plans for the disposition of residual funds which will
  653  be made in the event of dissolution;
  654         (k) A listing of all banks, safe-deposit boxes, or other
  655  depositories used for committee or electioneering communications
  656  organization funds;
  657         (l) A statement of the reports required to be filed by the
  658  committee or the electioneering communications organization with
  659  federal officials, if any, and the names, addresses, and
  660  positions of such officials; and
  661         (m) A statement of whether the electioneering
  662  communications organization was formed as a newly created
  663  organization during the current calendar quarter or was formed
  664  from an organization existing prior to the current calendar
  665  quarter. For purposes of this subsection, calendar quarters end
  666  the last day of March, June, September, and December.
  667         Section 8. Section 106.05, Florida Statutes, is amended to
  668  read:
  669         106.05 Deposit of contributions; statement of campaign
  670  treasurer.—All funds received by the campaign treasurer of any
  671  candidate or political committee shall, prior to the end of the
  672  5th business day following the receipt thereof, Saturdays,
  673  Sundays, and legal holidays excluded, be deposited in a campaign
  674  depository designated pursuant to s. 106.021, in an account that
  675  contains the designated “...(name of the candidate or
  676  committee.)... Campaign Account.” Except for contributions to
  677  political committees made by payroll deduction, all deposits
  678  shall be accompanied by a bank deposit slip containing the name
  679  of each contributor and the amount contributed by each. If a
  680  contribution is deposited in a secondary campaign depository,
  681  the depository shall forward the full amount of the deposit,
  682  along with a copy of the deposit slip accompanying the deposit,
  683  to the primary campaign depository prior to the end of the 1st
  684  business day following the deposit.
  685         Section 9. Section 106.07, Florida Statutes, is reenacted
  686  and amended to read:
  687         106.07 Reports; certification and filing.—
  688         (1) Each campaign treasurer designated by a candidate or
  689  political committee pursuant to s. 106.021 shall file regular
  690  reports of all contributions received, and all expenditures
  691  made, by or on behalf of such candidate or political committee.
  692  Except as provided in paragraphs (a) and (b) for the third
  693  calendar quarter immediately preceding a general election,
  694  reports shall be filed on the 10th day following the end of each
  695  calendar month quarter from the time the campaign treasurer is
  696  appointed, except that, if the 10th day following the end of a
  697  calendar month quarter occurs on a Saturday, Sunday, or legal
  698  holiday, the report shall be filed on the next following day
  699  that which is not a Saturday, Sunday, or legal holiday. Monthly
  700  Quarterly reports shall include all contributions received and
  701  expenditures made during the calendar month quarter which have
  702  not otherwise been reported pursuant to this section.
  703         (a) A statewide candidate or a political committee required
  704  to file reports with the division must file reports:
  705         1. On the 60th day immediately preceding the primary
  706  election, and each week thereafter, with the last weekly report
  707  being filed on the 11th day immediately preceding the general
  708  election.
  709         2. On the 10th day immediately preceding the general
  710  election, and each day thereafter, with the last daily report
  711  being filed the 4th day before the general election Except as
  712  provided in paragraph (b), the reports shall also be filed on
  713  the 32nd, 18th, and 4th days immediately preceding the primary
  714  and on the 46th, 32nd, 18th, and 4th days immediately preceding
  715  the election, for a candidate who is opposed in seeking
  716  nomination or election to any office, for a political committee,
  717  or for a committee of continuous existence.
  718         (b) Any other candidate or a political committee required
  719  to file reports with a filing officer other than the division
  720  must file reports on the 60th day immediately preceding the
  721  primary election, and biweekly on each Friday thereafter through
  722  and including the 4th day immediately preceding the general
  723  election, with additional reports due on the 25th and 11th days
  724  before the primary election and the general election Any
  725  statewide candidate who has requested to receive contributions
  726  pursuant to the Florida Election Campaign Financing Act or any
  727  statewide candidate in a race with a candidate who has requested
  728  to receive contributions pursuant to the act shall also file
  729  reports on the 4th, 11th, 18th, 25th, and 32nd days prior to the
  730  primary election, and on the 4th, 11th, 18th, 25th, 32nd, 39th,
  731  46th, and 53rd days prior to the general election.
  732         (c) Following the last day of qualifying for office, any
  733  unopposed candidate need only file a report within 90 days after
  734  the date such candidate became unopposed. Such report shall
  735  contain all previously unreported contributions and expenditures
  736  as required by this section and shall reflect disposition of
  737  funds as required by s. 106.141.
  738         (d)1. When a special election is called to fill a vacancy
  739  in office, all political committees making contributions or
  740  expenditures to influence the results of such special election
  741  or the preceding special primary election shall file campaign
  742  treasurers’ reports with the filing officer on the dates set by
  743  the Department of State pursuant to s. 100.111.
  744         2. When an election is called for an issue to appear on the
  745  ballot at a time when no candidates are scheduled to appear on
  746  the ballot, all political committees making contributions or
  747  expenditures in support of or in opposition to such issue shall
  748  file reports on the 18th and 4th days before prior to such
  749  election.
  750         (e) The filing officer shall provide each candidate with a
  751  schedule designating the beginning and end of reporting periods
  752  as well as the corresponding designated due dates.
  753         (2)(a)1. All reports required of a candidate by this
  754  section shall be filed with the officer before whom the
  755  candidate is required by law to qualify. All candidates who file
  756  with the Department of State shall file their reports pursuant
  757  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  758  be filed not later than 5 p.m. of the day designated; however,
  759  any report postmarked by the United States Postal Service no
  760  later than midnight of the day designated is shall be deemed to
  761  have been filed in a timely manner. Any report received by the
  762  filing officer within 5 days after the designated due date that
  763  was delivered by the United States Postal Service is shall be
  764  deemed timely filed unless it has a postmark that indicates that
  765  the report was mailed after the designated due date. A
  766  certificate of mailing obtained from and dated by the United
  767  States Postal Service at the time of mailing, or a receipt from
  768  an established courier company, which bears a date on or before
  769  the date on which the report is due, suffices as shall be proof
  770  of mailing in a timely manner. Reports must shall contain
  771  information on of all previously unreported contributions
  772  received and expenditures made as of the preceding Friday,
  773  except that the final weekly or biweekly report filed on the
  774  Friday immediately preceding the election and each daily report
  775  must shall contain information on of all previously unreported
  776  contributions received and expenditures made as of the day
  777  preceding that designated due date. All such reports are shall
  778  be open to public inspection.
  779         2. This subsection does not prohibit the governing body of
  780  a political subdivision, by ordinance or resolution, from
  781  imposing upon its own officers and candidates electronic filing
  782  requirements not in conflict with s. 106.0705. Expenditure of
  783  public funds for such purpose is deemed to be for a valid public
  784  purpose.
  785         (b)1. Any report that is deemed to be incomplete by the
  786  officer with whom the candidate qualifies must shall be accepted
  787  on a conditional basis. The campaign treasurer shall be notified
  788  by certified mail or by another method using a common carrier
  789  that provides a proof of delivery of the notice as to why the
  790  report is incomplete and within 7 days after receipt of such
  791  notice must file an addendum to the report providing all
  792  information necessary to complete the report in compliance with
  793  this section. Failure to file a complete report after such
  794  notice constitutes a violation of this chapter.
  795         2. Notice is deemed complete upon proof of delivery of a
  796  written notice to the mailing or street address of the campaign
  797  treasurer or registered agent of record with the filing officer.
  798         (3) Reports required of a political committee shall be
  799  filed with the agency or officer before whom such committee
  800  registers pursuant to s. 106.03(3) and shall be subject to the
  801  same filing conditions as established for candidates’ reports.
  802  Incomplete reports by political committees shall be treated in
  803  the manner provided for incomplete reports by candidates in
  804  subsection (2).
  805         (4)(a) Except as provided in paragraph (b), each report
  806  required by this section must contain:
  807         1. The full name, address, and occupation, if any of each
  808  person who has made one or more contributions to or for such
  809  committee or candidate within the reporting period, together
  810  with the amount and date of such contributions. For
  811  corporations, the report must provide as clear a description as
  812  practicable of the principal type of business conducted by the
  813  corporation. However, if the contribution is $100 or less or is
  814  from a relative, as defined in s. 112.312, provided that the
  815  relationship is reported, the occupation of the contributor or
  816  the principal type of business need not be listed.
  817         2. The name and address of each political committee from
  818  which the reporting committee or the candidate received, or to
  819  which the reporting committee or candidate made, any transfer of
  820  funds, together with the amounts and dates of all transfers.
  821         3. Each loan for campaign purposes to or from any person or
  822  political committee within the reporting period, together with
  823  the full names, addresses, and occupations, and principal places
  824  of business, if any, of the lender and endorsers, if any, and
  825  the date and amount of such loans.
  826         4. A statement of each contribution, rebate, refund, or
  827  other receipt not otherwise listed under subparagraphs 1.
  828  through 3.
  829         5. The total sums of all loans, in-kind contributions, and
  830  other receipts by or for such committee or candidate during the
  831  reporting period. The reporting forms shall be designed to
  832  elicit separate totals for in-kind contributions, loans, and
  833  other receipts.
  834         6. The full name and address of each person to whom
  835  expenditures have been made by or on behalf of the committee or
  836  candidate within the reporting period; the amount, date, and
  837  purpose of each such expenditure; and the name and address of,
  838  and office sought by, each candidate on whose behalf such
  839  expenditure was made. However, expenditures made from the petty
  840  cash fund provided by s. 106.12 need not be reported
  841  individually.
  842         7. The full name and address of each person to whom an
  843  expenditure for personal services, salary, or reimbursement for
  844  authorized expenses as provided in s. 106.021(3) has been made
  845  and which is not otherwise reported, including the amount, date,
  846  and purpose of such expenditure. However, expenditures made from
  847  the petty cash fund provided for in s. 106.12 need not be
  848  reported individually. Receipts for reimbursement for authorized
  849  expenditures shall be retained by the treasurer along with the
  850  records for the campaign account.
  851         8. The total amount withdrawn and the total amount spent
  852  for petty cash purposes pursuant to this chapter during the
  853  reporting period.
  854         9. The total sum of expenditures made by such committee or
  855  candidate during the reporting period.
  856         10. The amount and nature of debts and obligations owed by
  857  or to the committee or candidate, which relate to the conduct of
  858  any political campaign.
  859         11. Transaction information for each credit card purchase.
  860  Receipts for each credit card purchase shall be retained by the
  861  treasurer with the records for the campaign account.
  862         12. The amount and nature of any separate interest-bearing
  863  accounts or certificates of deposit and identification of the
  864  financial institution in which such accounts or certificates of
  865  deposit are located.
  866         13. The primary purposes of an expenditure made indirectly
  867  through a campaign treasurer pursuant to s. 106.021(3) for goods
  868  and services such as communications media placement or
  869  procurement services, campaign signs, insurance, and other
  870  expenditures that include multiple components as part of the
  871  expenditure. The primary purpose of an expenditure shall be that
  872  purpose, including integral and directly related components,
  873  that comprises 80 percent of such expenditure.
  874         (b) Multiple uniform contributions from the same person,
  875  aggregating no more than $250 per calendar year, collected by an
  876  organization that is the affiliated sponsor of a political
  877  committee, may be reported by the political committee in an
  878  aggregate amount listing the number of contributors together
  879  with the amount contributed by each and the total amount
  880  contributed during the reporting period. The identity of each
  881  person making such uniform contribution must be reported to the
  882  filing officer as provided in subparagraph (a)1. by July 1 of
  883  each calendar year, or, in a general election year, no later
  884  than the 60th day immediately preceding the primary election.
  885         (c)(b) The filing officer shall make available to any
  886  candidate or committee a reporting form which the candidate or
  887  committee may use to indicate contributions received by the
  888  candidate or committee but returned to the contributor before
  889  deposit.
  890         (5) The candidate and his or her campaign treasurer, in the
  891  case of a candidate, or the political committee chair and
  892  campaign treasurer of the committee, in the case of a political
  893  committee, shall certify as to the correctness of each report;
  894  and each person so certifying shall bear the responsibility for
  895  the accuracy and veracity of each report. Any campaign
  896  treasurer, candidate, or political committee chair who willfully
  897  certifies the correctness of any report while knowing that such
  898  report is incorrect, false, or incomplete commits a misdemeanor
  899  of the first degree, punishable as provided in s. 775.082 or s.
  900  775.083.
  901         (6) The records maintained by the campaign depository with
  902  respect to any campaign account regulated by this chapter are
  903  subject to inspection by an agent of the Division of Elections
  904  or the Florida Elections Commission at any time during normal
  905  banking hours, and such depository shall furnish certified
  906  copies of any of such records to the Division of Elections or
  907  Florida Elections Commission upon request.
  908         (7) Notwithstanding any other provisions of this chapter,
  909  in any reporting period during which a candidate or, political
  910  committee, or committee of continuous existence has not received
  911  funds, made any contributions, or expended any reportable funds,
  912  the filing of the required report for that period is waived.
  913  However, the next report filed must specify that the report
  914  covers the entire period between the last submitted report and
  915  the report being filed, and any candidate or, political
  916  committee, or committee of continuous existence not reporting by
  917  virtue of this subsection on dates prescribed elsewhere in this
  918  chapter shall notify the filing officer in writing on the
  919  prescribed reporting date that no report is being filed on that
  920  date.
  921         (8)(a) Any candidate or political committee failing to file
  922  a report on the designated due date is subject to a fine as
  923  provided in paragraph (b) for each late day, and, in the case of
  924  a candidate, such fine shall be paid only from personal funds of
  925  the candidate. The fine shall be assessed by the filing officer
  926  and the moneys collected shall be deposited:
  927         1. In the General Revenue Fund, in the case of a candidate
  928  for state office or a political committee that registers with
  929  the Division of Elections; or
  930         2. In the general revenue fund of the political
  931  subdivision, in the case of a candidate for an office of a
  932  political subdivision or a political committee that registers
  933  with an officer of a political subdivision.
  934  
  935  No separate fine shall be assessed for failure to file a copy of
  936  any report required by this section.
  937         (b) Upon determining that a report is late, the filing
  938  officer shall immediately notify the candidate or chair of the
  939  political committee as to the failure to file a report by the
  940  designated due date and that a fine is being assessed for each
  941  late day. The fine is shall be $50 per day for the first 3 days
  942  late and, thereafter, $500 per day for each late day, not to
  943  exceed 25 percent of the total receipts or expenditures,
  944  whichever is greater, for the period covered by the late report.
  945  However, for the reports immediately preceding each special
  946  primary election, special election, primary election, and
  947  general election, the fine is shall be $500 per day for each
  948  late day, not to exceed 25 percent of the total receipts or
  949  expenditures, whichever is greater, for the period covered by
  950  the late report. For reports required under s. 106.141(8)
  951  106.141(7), the fine is $50 per day for each late day, not to
  952  exceed 25 percent of the total receipts or expenditures,
  953  whichever is greater, for the period covered by the late report.
  954  Upon receipt of the report, the filing officer shall determine
  955  the amount of the fine which is due and shall notify the
  956  candidate or chair or registered agent of the political
  957  committee. The filing officer shall determine the amount of the
  958  fine due based upon the earliest of the following:
  959         1. When the report is actually received by such officer.
  960         2. When the report is postmarked.
  961         3. When the certificate of mailing is dated.
  962         4. When the receipt from an established courier company is
  963  dated.
  964         5. When the electronic receipt issued pursuant to s.
  965  106.0705 or other electronic filing system authorized in this
  966  section is dated.
  967  
  968  Such fine shall be paid to the filing officer within 20 days
  969  after receipt of the notice of payment due, unless appeal is
  970  made to the Florida Elections Commission pursuant to paragraph
  971  (c). Notice is deemed complete upon proof of delivery of written
  972  notice to the mailing or street address on record with the
  973  filing officer. In the case of a candidate, such fine is shall
  974  not be an allowable campaign expenditure and shall be paid only
  975  from personal funds of the candidate. An officer or member of a
  976  political committee is shall not be personally liable for such
  977  fine.
  978         (c) Any candidate or chair of a political committee may
  979  appeal or dispute the fine, based upon, but not limited to,
  980  unusual circumstances surrounding the failure to file on the
  981  designated due date, and may request and shall be entitled to a
  982  hearing before the Florida Elections Commission, which shall
  983  have the authority to waive the fine in whole or in part. The
  984  Florida Elections Commission must consider the mitigating and
  985  aggravating circumstances contained in s. 106.265(2) when
  986  determining the amount of a fine, if any, to be waived. Any such
  987  request shall be made within 20 days after receipt of the notice
  988  of payment due. In such case, the candidate or chair of the
  989  political committee shall, within the 20-day period, notify the
  990  filing officer in writing of his or her intention to bring the
  991  matter before the commission.
  992         (d) The appropriate filing officer shall notify the Florida
  993  Elections Commission of the repeated late filing by a candidate
  994  or political committee, the failure of a candidate or political
  995  committee to file a report after notice, or the failure to pay
  996  the fine imposed. The commission shall investigate only those
  997  alleged late filing violations specifically identified by the
  998  filing officer and as set forth in the notification. Any other
  999  alleged violations must be separately stated and reported by the
 1000  division to the commission under s. 106.25(2).
 1001         (9) The Department of State may prescribe by rule the
 1002  requirements for filing campaign treasurers’ reports as set
 1003  forth in this chapter.
 1004         Section 10. Section 106.0702, Florida Statutes, is created
 1005  to read:
 1006         106.0702Reporting; political party executive committee
 1007  candidates.—
 1008         (1) An individual seeking a publicly-elected position on a
 1009  political party executive committee who receives a contribution
 1010  or makes an expenditure shall file a report of all contributions
 1011  received, and all expenditures made. The report shall be filed
 1012  on the 4th day immediately preceding the primary election.
 1013         (2)(a) The report shall be filed with the supervisor of
 1014  elections of the appropriate county. Reports shall be filed no
 1015  later than 5 p.m. of the day designated; however, any report
 1016  postmarked by the United States Postal Service by the day
 1017  designated shall be deemed to have been filed in a timely
 1018  manner. Any report received by the filing officer within 5 days
 1019  after the designated due date shall be deemed timely filed
 1020  unless it has a postmark that indicates that the report was
 1021  mailed after the designated due date. A certificate of mailing
 1022  obtained from and dated by the United States Postal Service at
 1023  the time of mailing, or a receipt from an established courier
 1024  company, which bears a date on or before the date on which the
 1025  report is due is proof of mailing in a timely manner. The report
 1026  filed must contain information of all contributions received and
 1027  expenditures made as of the day preceding the designated due
 1028  date. All such reports must be open to public inspection.
 1029         (b) A reporting individual may submit the report required
 1030  under this section through an electronic filing system, if used
 1031  by the supervisor for other candidates, in order to satisfy the
 1032  filing requirement. Such reports shall be completed and filed
 1033  through the electronic filing system not later than midnight on
 1034  the 4th day immediately preceding the primary election.
 1035         (3)(a) A report that is deemed to be incomplete by the
 1036  supervisor shall be accepted on a conditional basis. The
 1037  supervisor shall send a notice to the reporting individual by
 1038  certified mail or by another method using a common carrier that
 1039  provides proof of delivery as to why the report is incomplete.
 1040  Within 7 days after receipt of such notice, the reporting
 1041  individual must file an addendum to the report providing all
 1042  information necessary to complete the report in compliance with
 1043  this section. Failure to file a complete report after such
 1044  notice constitutes a violation of this chapter.
 1045         (b) Notice is deemed complete upon proof of delivery of a
 1046  written notice to the mailing or street address which is on
 1047  record with the supervisor.
 1048         (4)(a) Each report required by this section must contain:
 1049         1. The full name, address, and occupation of each person
 1050  who has made one or more contributions to or for the reporting
 1051  individual within the reporting period, together with the amount
 1052  and date of such contributions. For corporations, the report
 1053  must provide as clear a description as practicable of the
 1054  principal type of business conducted by the corporations.
 1055  However, if the contribution is $100 or less or is from a
 1056  relative, as defined in s. 112.312, provided that the
 1057  relationship is reported, the occupation of the contributor or
 1058  the principal type of business need not be listed.
 1059         2. The name and address of each political committee from
 1060  which the reporting individual has received, or to which the
 1061  reporting individual has made, any transfer of funds within the
 1062  reporting period, together with the amounts and dates of all
 1063  transfers.
 1064         3. Each loan for campaign purposes from any person or
 1065  political committee within the reporting period, together with
 1066  the full name, address, and occupation, and principal place of
 1067  business, if any, of the lender and endorser, if any, and the
 1068  date and amount of such loans.
 1069         4. A statement of each contribution, rebate, refund, or
 1070  other receipt not otherwise listed under subparagraphs 1.-3.
 1071         5. The total sums of all loans, in-kind contributions, and
 1072  other receipts by or for such reporting individual during the
 1073  reporting period. The reporting forms shall be designed to
 1074  elicit separate totals for in-kind contributions, loans, and
 1075  other receipts.
 1076         6. The full name and address of each person to whom
 1077  expenditures have been made by or on behalf of the reporting
 1078  individual within the reporting period; the amount, date, and
 1079  purpose of each such expenditure; and the name and address of,
 1080  and office sought by, each reporting individual on whose behalf
 1081  such expenditure was made.
 1082         7. The amount and nature of debts and obligations owed by
 1083  or to the reporting individual which relate to the conduct of
 1084  any political campaign.
 1085         8. Transaction information for each credit card purchase.
 1086  Receipts for each credit card purchase shall be retained by the
 1087  reporting individual.
 1088         9. The amount and nature of any separate interest-bearing
 1089  accounts or certificates of deposit and identification of the
 1090  financial institution in which such accounts or certificates of
 1091  deposit are located.
 1092         (b) The supervisor shall make available to any reporting
 1093  individual a reporting form that the reporting individual may
 1094  use to indicate contributions received by the reporting
 1095  individual but returned to the contributor before deposit.
 1096         (5) The reporting individual shall certify as to the
 1097  correctness of the report and shall bear the responsibility for
 1098  the accuracy and veracity of each report. Any reporting
 1099  individual who willfully certifies the correctness of the report
 1100  while knowing that such report is incorrect, false, or
 1101  incomplete commits a misdemeanor of the first degree, punishable
 1102  as provided in s. 775.082 or s. 775.083.
 1103         (6) Notwithstanding any other provisions of this chapter,
 1104  the filing of the required report is waived if the reporting
 1105  individual has not received contributions or expended any
 1106  reportable funds.
 1107         (7)(a) A reporting individual who fails to file a report on
 1108  the designated due date is subject to a fine, and such fine
 1109  shall be paid only from personal funds of the reporting
 1110  individual. The fine shall be $50 per day for the first 3 days
 1111  late and, thereafter, $500 per day for each late day, not to
 1112  exceed 25 percent of the total receipts or expenditures,
 1113  whichever is greater. The fine shall be assessed by the
 1114  supervisor, and the moneys collected shall be deposited into the
 1115  general revenue fund of the political subdivision.
 1116         (b) The supervisor shall determine the amount of the fine
 1117  due based upon the earliest of the following:
 1118         1. When the report is actually received by the supervisor.
 1119         2. When the report is postmarked;
 1120         3. When the certificate of mailing is dated;
 1121         4. When the receipt from an established courier company is
 1122  dated; or
 1123         5. When the report is completed and filed through the
 1124  electronic filing system, if applicable.
 1125  
 1126  Such fine shall be paid to the supervisor within 20 days after
 1127  receipt of the notice of payment due unless appeal is made to
 1128  the Florida Elections Commission pursuant to paragraph (c).
 1129  Notice is deemed complete upon proof of delivery of written
 1130  notice to the mailing or street address on record with the
 1131  supervisor. Such fine may not be an allowable campaign
 1132  expenditure and shall be paid only from personal funds of the
 1133  reporting individual.
 1134         (c) A reporting individual may appeal or dispute the fine,
 1135  based upon, but not limited to, unusual circumstances
 1136  surrounding the failure to file on the designated due date, and
 1137  may request and is entitled to a hearing before the Florida
 1138  Elections Commission, which has the authority to waive the fine
 1139  in whole or in part. The Florida Elections Commission must
 1140  consider the mitigating and aggravating circumstances contained
 1141  in s. 106.265(2) when determining the amount of a fine, if any,
 1142  to be waived. Any such request shall be made within 20 days
 1143  after receipt of the notice of payment due. In such case, the
 1144  reporting individual must, within 20 days after receipt of the
 1145  notice, notify the supervisor in writing of his or her intention
 1146  to bring the matter before the commission.
 1147         (d) The appropriate supervisor shall notify the Florida
 1148  Elections Commission of the late filing by a reporting
 1149  individual, the failure of a reporting individual to file a
 1150  report after notice, or the failure to pay the fine imposed. The
 1151  commission shall investigate only those alleged late filing
 1152  violations specifically identified by the supervisor and as set
 1153  forth in the notification. Any other alleged violations must be
 1154  separately stated and reported by the division to the commission
 1155  under s. 106.25(2).
 1156         Section 11. Section 106.0703, Florida Statutes, is
 1157  reenacted and amended to read:
 1158         106.0703 Electioneering communications organizations;
 1159  reporting requirements; certification and filing; penalties.—
 1160         (1)(a) Each electioneering communications organization
 1161  shall file regular reports of all contributions received and all
 1162  expenditures made by or on behalf of the organization. Except as
 1163  provided in paragraphs (b) and (c), reports must shall be filed
 1164  on the 10th day following the end of each calendar month quarter
 1165  from the time the organization is registered. However, if the
 1166  10th day following the end of a calendar month quarter occurs on
 1167  a Saturday, Sunday, or legal holiday, the report must shall be
 1168  filed on the next following day that is not a Saturday, Sunday,
 1169  or legal holiday. Monthly Quarterly reports must shall include
 1170  all contributions received and expenditures made during the
 1171  calendar month quarter that have not otherwise been reported
 1172  pursuant to this section.
 1173         (b) For an electioneering communications organization
 1174  required to file reports with the division, reports must be
 1175  filed:
 1176         1. On the 60th day immediately preceding the primary
 1177  election, and each week thereafter, with the last weekly report
 1178  being filed on the 11th day immediately preceding the general
 1179  election.
 1180         2. On the 10th day immediately preceding the general
 1181  election, and every day thereafter, with the last daily report
 1182  being filed the day before the general election Following the
 1183  last day of candidates qualifying for office, the reports shall
 1184  be filed on the 32nd, 18th, and 4th days immediately preceding
 1185  the primary election and on the 46th, 32nd, 18th, and 4th days
 1186  immediately preceding the general election.
 1187         (c) For an electioneering communications organization
 1188  required to file reports with a filing officer other than the
 1189  division, reports must be filed on the 60th day immediately
 1190  preceding the primary election, and biweekly on each Friday
 1191  thereafter through and including the 4th day immediately
 1192  preceding the general election, with additional reports due on
 1193  the 25th and 11th days before the primary election and the
 1194  general election.
 1195         (d)(c) When a special election is called to fill a vacancy
 1196  in office, all electioneering communications organizations
 1197  making contributions or expenditures to influence the results of
 1198  the special election shall file reports with the filing officer
 1199  on the dates set by the Department of State pursuant to s.
 1200  100.111.
 1201         (e)(d) In addition to the reports required by paragraph
 1202  (a), an electioneering communications organization that is
 1203  registered with the Department of State and that makes a
 1204  contribution or expenditure to influence the results of a county
 1205  or municipal election that is not being held at the same time as
 1206  a state or federal election must file reports with the county or
 1207  municipal filing officer on the same dates as county or
 1208  municipal candidates or committees for that election. The
 1209  electioneering communications organization must also include the
 1210  expenditure in the next report filed with the Division of
 1211  Elections pursuant to this section following the county or
 1212  municipal election.
 1213         (f)(e) The filing officer shall make available to each
 1214  electioneering communications organization a schedule
 1215  designating the beginning and end of reporting periods as well
 1216  as the corresponding designated due dates.
 1217         (2)(a) Except as provided in s. 106.0705, the reports
 1218  required of an electioneering communications organization shall
 1219  be filed with the filing officer not later than 5 p.m. of the
 1220  day designated. However, any report postmarked by the United
 1221  States Postal Service no later than midnight of the day
 1222  designated is shall be deemed to have been filed in a timely
 1223  manner. Any report received by the filing officer within 5 days
 1224  after the designated due date that was delivered by the United
 1225  States Postal Service is shall be deemed timely filed unless it
 1226  has a postmark that indicates that the report was mailed after
 1227  the designated due date. A certificate of mailing obtained from
 1228  and dated by the United States Postal Service at the time of
 1229  mailing, or a receipt from an established courier company, which
 1230  bears a date on or before the date on which the report is due,
 1231  suffices as shall be proof of mailing in a timely manner.
 1232  Reports must shall contain information on of all previously
 1233  unreported contributions received and expenditures made as of
 1234  the preceding Friday, except that the final weekly or biweekly
 1235  report filed on the Friday immediately preceding the election
 1236  and each daily report must shall contain information on of all
 1237  previously unreported contributions received and expenditures
 1238  made as of the day preceding the designated due date. All such
 1239  reports are shall be open to public inspection.
 1240         (b)1. Any report that is deemed to be incomplete by the
 1241  officer with whom the electioneering communications organization
 1242  files shall be accepted on a conditional basis. The treasurer of
 1243  the electioneering communications organization shall be
 1244  notified, by certified mail or other common carrier that can
 1245  establish proof of delivery for the notice, as to why the report
 1246  is incomplete. Within 7 days after receipt of such notice, the
 1247  treasurer must file an addendum to the report providing all
 1248  information necessary to complete the report in compliance with
 1249  this section. Failure to file a complete report after such
 1250  notice constitutes a violation of this chapter.
 1251         2. Notice is deemed sufficient upon proof of delivery of
 1252  written notice to the mailing or street address of the treasurer
 1253  or registered agent of the electioneering communication
 1254  organization on record with the filing officer.
 1255         (3)(a) Each report required by this section must contain:
 1256         1. The full name, address, and occupation, if any, of each
 1257  person who has made one or more contributions to or for such
 1258  electioneering communications organization within the reporting
 1259  period, together with the amount and date of such contributions.
 1260  For corporations, the report must provide as clear a description
 1261  as practicable of the principal type of business conducted by
 1262  the corporation. However, if the contribution is $100 or less,
 1263  the occupation of the contributor or the principal type of
 1264  business need not be listed.
 1265         2. The name and address of each political committee from
 1266  which or to which the reporting electioneering communications
 1267  organization made any transfer of funds, together with the
 1268  amounts and dates of all transfers.
 1269         3. Each loan for electioneering communication purposes to
 1270  or from any person or political committee within the reporting
 1271  period, together with the full names, addresses, and occupations
 1272  and principal places of business, if any, of the lender and
 1273  endorsers, if any, and the date and amount of such loans.
 1274         4. A statement of each contribution, rebate, refund, or
 1275  other receipt not otherwise listed under subparagraphs 1.-3.
 1276         5. The total sums of all loans, in-kind contributions, and
 1277  other receipts by or for such electioneering communications
 1278  organization during the reporting period. The reporting forms
 1279  shall be designed to elicit separate totals for in-kind
 1280  contributions, loans, and other receipts.
 1281         6. The full name and address of each person to whom
 1282  expenditures have been made by or on behalf of the
 1283  electioneering communications organization within the reporting
 1284  period and the amount, date, and purpose of each expenditure.
 1285         7. The full name and address of each person to whom an
 1286  expenditure for personal services, salary, or reimbursement for
 1287  expenses has been made and that is not otherwise reported,
 1288  including the amount, date, and purpose of the expenditure.
 1289         8. The total sum of expenditures made by the electioneering
 1290  communications organization during the reporting period.
 1291         9. The amount and nature of debts and obligations owed by
 1292  or to the electioneering communications organization that relate
 1293  to the conduct of any electioneering communication.
 1294         10. Transaction information for each credit card purchase.
 1295  Receipts for each credit card purchase shall be retained by the
 1296  electioneering communications organization.
 1297         11. The amount and nature of any separate interest-bearing
 1298  accounts or certificates of deposit and identification of the
 1299  financial institution in which such accounts or certificates of
 1300  deposit are located.
 1301         12. The primary purposes of an expenditure made indirectly
 1302  through an electioneering communications organization for goods
 1303  and services, such as communications media placement or
 1304  procurement services and other expenditures that include
 1305  multiple components as part of the expenditure. The primary
 1306  purpose of an expenditure shall be that purpose, including
 1307  integral and directly related components, that comprises 80
 1308  percent of such expenditure.
 1309         (b) The filing officer shall make available to any
 1310  electioneering communications organization a reporting form
 1311  which the electioneering communications organization may use to
 1312  indicate contributions received by the electioneering
 1313  communications organization but returned to the contributor
 1314  before deposit.
 1315         (4) The treasurer of the electioneering communications
 1316  organization shall certify as to the correctness of each report,
 1317  and each person so certifying shall bear the responsibility for
 1318  the accuracy and veracity of each report. Any treasurer who
 1319  willfully certifies the correctness of any report while knowing
 1320  that such report is incorrect, false, or incomplete commits a
 1321  misdemeanor of the first degree, punishable as provided in s.
 1322  775.082 or s. 775.083.
 1323         (5) The electioneering communications organization
 1324  depository shall provide statements reflecting deposits and
 1325  expenditures from the account to the treasurer, who shall retain
 1326  the records pursuant to s. 106.06. The records maintained by the
 1327  depository with respect to the account shall be subject to
 1328  inspection by an agent of the Division of Elections or the
 1329  Florida Elections Commission at any time during normal banking
 1330  hours, and such depository shall furnish certified copies of any
 1331  such records to the Division of Elections or the Florida
 1332  Elections Commission upon request.
 1333         (6) Notwithstanding any other provisions of this chapter,
 1334  in any reporting period during which an electioneering
 1335  communications organization has not received funds, made any
 1336  contributions, or expended any reportable funds, the treasurer
 1337  shall file a written report with the filing officer by the
 1338  prescribed reporting date that no reportable contributions or
 1339  expenditures were made during the reporting period.
 1340         (7)(a) Any electioneering communications organization
 1341  failing to file a report on the designated due date shall be
 1342  subject to a fine as provided in paragraph (b) for each late
 1343  day. The fine shall be assessed by the filing officer, and the
 1344  moneys collected shall be deposited:
 1345         1. In the General Revenue Fund, in the case of an
 1346  electioneering communications organization that registers with
 1347  the Division of Elections; or
 1348         2. In the general revenue fund of the political
 1349  subdivision, in the case of an electioneering communications
 1350  organization that registers with an officer of a political
 1351  subdivision.
 1352  
 1353  No separate fine shall be assessed for failure to file a copy of
 1354  any report required by this section.
 1355         (b) Upon determining that a report is late, the filing
 1356  officer shall immediately notify the electioneering
 1357  communications organization as to the failure to file a report
 1358  by the designated due date and that a fine is being assessed for
 1359  each late day. The fine shall be $50 per day for the first 3
 1360  days late and, thereafter, $500 per day for each late day, not
 1361  to exceed 25 percent of the total receipts or expenditures,
 1362  whichever is greater, for the period covered by the late report.
 1363  However, for the reports immediately preceding each primary and
 1364  general election, the fine shall be $500 per day for each late
 1365  day, not to exceed 25 percent of the total receipts or
 1366  expenditures, whichever is greater, for the period covered by
 1367  the late report. Upon receipt of the report, the filing officer
 1368  shall determine the amount of the fine which is due and shall
 1369  notify the electioneering communications organization. The
 1370  filing officer shall determine the amount of the fine due based
 1371  upon the earliest of the following:
 1372         1. When the report is actually received by such officer.
 1373         2. When the report is postmarked.
 1374         3. When the certificate of mailing is dated.
 1375         4. When the receipt from an established courier company is
 1376  dated.
 1377         5. When the electronic receipt issued pursuant to s.
 1378  106.0705 or other electronic filing system authorized in this
 1379  section is dated.
 1380  
 1381  Such fine shall be paid to the filing officer within 20 days
 1382  after receipt of the notice of payment due, unless appeal is
 1383  made to the Florida Elections Commission pursuant to paragraph
 1384  (c). Notice is deemed sufficient upon proof of delivery of
 1385  written notice to the mailing or street address on record with
 1386  the filing officer. An officer or member of an electioneering
 1387  communications organization shall not be personally liable for
 1388  such fine.
 1389         (c) The treasurer of an electioneering communications
 1390  organization may appeal or dispute the fine, based upon, but not
 1391  limited to, unusual circumstances surrounding the failure to
 1392  file on the designated due date, and may request and shall be
 1393  entitled to a hearing before the Florida Elections Commission,
 1394  which shall have the authority to waive the fine in whole or in
 1395  part. The Florida Elections Commission must consider the
 1396  mitigating and aggravating circumstances contained in s.
 1397  106.265(2) when determining the amount of a fine, if any, to be
 1398  waived. Any such request shall be made within 20 days after
 1399  receipt of the notice of payment due. In such case, the
 1400  treasurer of the electioneering communications organization
 1401  shall, within the 20-day period, notify the filing officer in
 1402  writing of his or her intention to bring the matter before the
 1403  commission.
 1404         (d) The appropriate filing officer shall notify the Florida
 1405  Elections Commission of the repeated late filing by an
 1406  electioneering communications organization, the failure of an
 1407  electioneering communications organization to file a report
 1408  after notice, or the failure to pay the fine imposed. The
 1409  commission shall investigate only those alleged late filing
 1410  violations specifically identified by the filing officer and as
 1411  set forth in the notification. Any other alleged violations must
 1412  be stated separately and reported by the division to the
 1413  commission under s. 106.25(2).
 1414         (8) Electioneering communications organizations shall not
 1415  use credit cards.
 1416         Section 12. Section 106.0705, Florida Statutes, is
 1417  reenacted and amended to read:
 1418         106.0705 Electronic filing of campaign treasurer’s
 1419  reports.—
 1420         (1) As used in this section, “electronic filing system”
 1421  means an Internet system for recording and reporting campaign
 1422  finance activity by reporting period.
 1423         (2)(a) Each individual who is required to file reports with
 1424  the division pursuant to s. 106.07 or s. 106.141 must file such
 1425  reports by means of the division’s electronic filing system.
 1426         (b) Each political committee, committee of continuous
 1427  existence, electioneering communications organization,
 1428  affiliated party committee, or state executive committee that is
 1429  required to file reports with the division under s. 106.04, s.
 1430  106.07, s. 106.0703, or s. 106.29, as applicable, must file such
 1431  reports with the division by means of the division’s electronic
 1432  filing system.
 1433         (c) Each person or organization that is required to file
 1434  reports with the division under s. 106.071 must file such
 1435  reports by means of the division’s electronic filing system.
 1436         (3) Reports filed pursuant to this section shall be
 1437  completed and filed through the electronic filing system not
 1438  later than midnight of the day designated. Reports not filed by
 1439  midnight of the day designated are late filed and are subject to
 1440  the penalties under s. 106.04(9), s. 106.07(8), s. 106.0703(7),
 1441  or s. 106.29(3), as applicable.
 1442         (4) Each report filed pursuant to this section is
 1443  considered to be under oath by the candidate and treasurer, the
 1444  chair and treasurer, the treasurer under s. 106.0703, or the
 1445  leader and treasurer under s. 103.092, whichever is applicable,
 1446  and such persons are subject to the provisions of s.
 1447  106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as
 1448  applicable. Persons given a secure sign-on to the electronic
 1449  filing system are responsible for protecting such from
 1450  disclosure and are responsible for all filings using such
 1451  credentials, unless they have notified the division that their
 1452  credentials have been compromised.
 1453         (5) The electronic filing system developed by the division
 1454  must:
 1455         (a) Be based on access by means of the Internet.
 1456         (b) Be accessible by anyone with Internet access using
 1457  standard web-browsing software.
 1458         (c) Provide for direct entry of campaign finance
 1459  information as well as upload of such information from campaign
 1460  finance software certified by the division.
 1461         (d) Provide a method that prevents unauthorized access to
 1462  electronic filing system functions.
 1463         (6) The division shall adopt rules pursuant to ss.
 1464  120.536(1) and 120.54 to administer this section and provide for
 1465  the reports required to be filed pursuant to this section. Such
 1466  rules shall, at a minimum, provide:
 1467         (a) Alternate filing procedures in case the division’s
 1468  electronic filing system is not operable.
 1469         (b) For the issuance of an electronic receipt to the person
 1470  submitting the report indicating and verifying that the report
 1471  has been filed.
 1472         Section 13. Section 106.08, Florida Statutes, is amended to
 1473  read:
 1474         106.08 Contributions; limitations on.—
 1475         (1)(a) Except for political parties or affiliated party
 1476  committees, no person or, political committee, or committee of
 1477  continuous existence may, in any election, make contributions in
 1478  excess of $500 to any candidate for election to or retention in
 1479  office or to any political committee supporting or opposing one
 1480  or more candidates. Candidates for the offices of Governor and
 1481  Lieutenant Governor on the same ticket are considered a single
 1482  candidate for the purpose of this section.
 1483         (b)1. The contribution limits provided in this subsection
 1484  do not apply to contributions made by a state or county
 1485  executive committee of a political party or affiliated party
 1486  committee regulated by chapter 103 or to amounts contributed by
 1487  a candidate to his or her own campaign.
 1488         2. Notwithstanding the limits provided in this subsection,
 1489  an unemancipated child under the age of 18 years of age may not
 1490  make a contribution in excess of $100 to any candidate or to any
 1491  political committee supporting one or more candidates.
 1492         (c) The contribution limits of this subsection apply to
 1493  each election. For purposes of this subsection, the primary
 1494  election and general election are separate elections so long as
 1495  the candidate is not an unopposed candidate as defined in s.
 1496  106.011 106.011(15). However, for the purpose of contribution
 1497  limits with respect to candidates for retention as a justice or
 1498  judge, there is only one election, which is the general
 1499  election.
 1500         (2)(a) A candidate may not accept contributions from a
 1501  county executive committee of a political party whose
 1502  contributions in the aggregate exceed $50,000, or from the
 1503  national, or state, or county executive committees of a
 1504  political party, including any subordinate committee of such
 1505  political party or affiliated party committees, whose which
 1506  contributions in the aggregate exceed $50,000.
 1507         (b) A candidate for statewide office may not accept
 1508  contributions from national, state, or county executive
 1509  committees of a political party, including any subordinate
 1510  committee of the political party, or affiliated party
 1511  committees, which contributions in the aggregate exceed
 1512  $250,000. Polling services, research services, costs for
 1513  campaign staff, professional consulting services, and telephone
 1514  calls are not contributions to be counted toward the
 1515  contribution limits of paragraph (a) or this paragraph. Any item
 1516  not expressly identified in this paragraph as nonallocable is a
 1517  contribution in an amount equal to the fair market value of the
 1518  item and must be counted as allocable toward the contribution
 1519  limits of paragraph (a) or this paragraph. Nonallocable, in-kind
 1520  contributions must be reported by the candidate under s. 106.07
 1521  and by the political party or affiliated party committee under
 1522  s. 106.29.
 1523         (3)(a) Any contribution received by a candidate with
 1524  opposition in an election or by the campaign treasurer or a
 1525  deputy campaign treasurer of such a candidate on the day of that
 1526  election or less than 5 days before prior to the day of that
 1527  election must be returned by him or her to the person or
 1528  committee contributing it and may not be used or expended by or
 1529  on behalf of the candidate.
 1530         (b) Any contribution received by a candidate or by the
 1531  campaign treasurer or a deputy campaign treasurer of a candidate
 1532  after the date at which the candidate withdraws his or her
 1533  candidacy, or after the date the candidate is defeated, becomes
 1534  unopposed, or is elected to office must be returned to the
 1535  person or committee contributing it and may not be used or
 1536  expended by or on behalf of the candidate.
 1537         (4) Any contribution received by the chair, campaign
 1538  treasurer, or deputy campaign treasurer of a political committee
 1539  supporting or opposing a candidate with opposition in an
 1540  election or supporting or opposing an issue on the ballot in an
 1541  election on the day of that election or less than 5 days before
 1542  prior to the day of that election may not be obligated or
 1543  expended by the committee until after the date of the election.
 1544         (5)(a) A person may not make any contribution through or in
 1545  the name of another, directly or indirectly, in any election.
 1546         (b) Candidates, political committees, affiliated party
 1547  committees, and political parties may not solicit contributions
 1548  from any religious, charitable, civic, or other causes or
 1549  organizations established primarily for the public good.
 1550         (c) Candidates, political committees, affiliated party
 1551  committees, and political parties may not make contributions, in
 1552  exchange for political support, to any religious, charitable,
 1553  civic, or other cause or organization established primarily for
 1554  the public good. It is not a violation of this paragraph for:
 1555         1. A candidate, political committee, affiliated party
 1556  committee, or political party executive committee to make gifts
 1557  of money in lieu of flowers in memory of a deceased person;
 1558         2. A candidate to continue membership in, or make regular
 1559  donations from personal or business funds to, religious,
 1560  political party, affiliated party committee, civic, or
 1561  charitable groups of which the candidate is a member or to which
 1562  the candidate has been a regular donor for more than 6 months;
 1563  or
 1564         3. A candidate to purchase, with campaign funds, tickets,
 1565  admission to events, or advertisements from religious, civic,
 1566  political party, affiliated party committee, or charitable
 1567  groups.
 1568         (6)(a) A political party or affiliated party committee may
 1569  not accept any contribution that has been specifically
 1570  designated for the partial or exclusive use of a particular
 1571  candidate. Any contribution so designated must be returned to
 1572  the contributor and may not be used or expended by or on behalf
 1573  of the candidate. Funds contributed to an affiliated party
 1574  committee may shall not be deemed as designated for the partial
 1575  or exclusive use of a leader as defined in s. 103.092.
 1576         (b)1. A political party or affiliated party committee may
 1577  not accept any in-kind contribution that fails to provide a
 1578  direct benefit to the political party or affiliated party
 1579  committee. A “direct benefit” includes, but is not limited to,
 1580  fundraising or furthering the objectives of the political party
 1581  or affiliated party committee.
 1582         2.a. An in-kind contribution to a state political party may
 1583  be accepted only by the chairperson of the state political party
 1584  or by the chairperson’s designee or designees whose names are on
 1585  file with the division in a form acceptable to the division
 1586  before prior to the date of the written notice required in sub
 1587  subparagraph b. An in-kind contribution to a county political
 1588  party may be accepted only by the chairperson of the county
 1589  political party or by the county chairperson’s designee or
 1590  designees whose names are on file with the supervisor of
 1591  elections of the respective county before prior to the date of
 1592  the written notice required in sub-subparagraph b. An in-kind
 1593  contribution to an affiliated party committee may be accepted
 1594  only by the leader of the affiliated party committee as defined
 1595  in s. 103.092 or by the leader’s designee or designees whose
 1596  names are on file with the division in a form acceptable to the
 1597  division before prior to the date of the written notice required
 1598  in sub-subparagraph b.
 1599         b. A person making an in-kind contribution to a state or
 1600  county political party or affiliated party committee must
 1601  provide prior written notice of the contribution to a person
 1602  described in sub-subparagraph a. The prior written notice must
 1603  be signed and dated and may be provided by an electronic or
 1604  facsimile message. However, prior written notice is not required
 1605  for an in-kind contribution that consists of food and beverage
 1606  in an aggregate amount not exceeding $1,500 which is consumed at
 1607  a single sitting or event if such in-kind contribution is
 1608  accepted in advance by a person specified in sub-subparagraph a.
 1609         c. A person described in sub-subparagraph a. may accept an
 1610  in-kind contribution requiring prior written notice only in a
 1611  writing that is dated before the in-kind contribution is made.
 1612  Failure to obtain the required written acceptance of an in-kind
 1613  contribution to a state or county political party or affiliated
 1614  party committee constitutes a refusal of the contribution.
 1615         d. A copy of each prior written acceptance required under
 1616  sub-subparagraph c. must be filed at the time the regular
 1617  reports of contributions and expenditures required under s.
 1618  106.29 are filed by the state executive committee, county
 1619  executive committee, and affiliated party committee. A state
 1620  executive committee and an affiliated party committee must file
 1621  with the division. A county executive committee must file with
 1622  the county’s supervisor of elections.
 1623         e. An in-kind contribution may not be given to a state or
 1624  county political party or affiliated party committee unless the
 1625  in-kind contribution is made as provided in this subparagraph.
 1626         (7)(a) Any person who knowingly and willfully makes or
 1627  accepts no more than one contribution in violation of subsection
 1628  (1) or subsection (5), or any person who knowingly and willfully
 1629  fails or refuses to return any contribution as required in
 1630  subsection (3), commits a misdemeanor of the first degree,
 1631  punishable as provided in s. 775.082 or s. 775.083. If any
 1632  corporation, partnership, or other business entity or any
 1633  political party, affiliated party committee, political
 1634  committee, committee of continuous existence, or electioneering
 1635  communications organization is convicted of knowingly and
 1636  willfully violating any provision punishable under this
 1637  paragraph, it shall be fined not less than $1,000 and not more
 1638  than $10,000. If it is a domestic entity, it may be ordered
 1639  dissolved by a court of competent jurisdiction; if it is a
 1640  foreign or nonresident business entity, its right to do business
 1641  in this state may be forfeited. Any officer, partner, agent,
 1642  attorney, or other representative of a corporation, partnership,
 1643  or other business entity, or of a political party, affiliated
 1644  party committee, political committee, committee of continuous
 1645  existence, electioneering communications organization, or
 1646  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1647  of the Internal Revenue Code, who aids, abets, advises, or
 1648  participates in a violation of any provision punishable under
 1649  this paragraph commits a misdemeanor of the first degree,
 1650  punishable as provided in s. 775.082 or s. 775.083.
 1651         (b) Any person who knowingly and willfully makes or accepts
 1652  two or more contributions in violation of subsection (1) or
 1653  subsection (5) commits a felony of the third degree, punishable
 1654  as provided in s. 775.082, s. 775.083, or s. 775.084. If any
 1655  corporation, partnership, or other business entity or any
 1656  political party, affiliated party committee, political
 1657  committee, committee of continuous existence, or electioneering
 1658  communications organization is convicted of knowingly and
 1659  willfully violating any provision punishable under this
 1660  paragraph, it shall be fined not less than $10,000 and not more
 1661  than $50,000. If it is a domestic entity, it may be ordered
 1662  dissolved by a court of competent jurisdiction; if it is a
 1663  foreign or nonresident business entity, its right to do business
 1664  in this state may be forfeited. Any officer, partner, agent,
 1665  attorney, or other representative of a corporation, partnership,
 1666  or other business entity, or of a political committee, committee
 1667  of continuous existence, political party, affiliated party
 1668  committee, or electioneering communications organization, or
 1669  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1670  of the Internal Revenue Code, who aids, abets, advises, or
 1671  participates in a violation of any provision punishable under
 1672  this paragraph commits a felony of the third degree, punishable
 1673  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1674         (8) Except when otherwise provided in subsection (7), any
 1675  person who knowingly and willfully violates any provision of
 1676  this section shall, in addition to any other penalty prescribed
 1677  by this chapter, pay to the state a sum equal to twice the
 1678  amount contributed in violation of this chapter. Each campaign
 1679  treasurer shall pay all amounts contributed in violation of this
 1680  section to the state for deposit in the General Revenue Fund.
 1681         (9) This section does not apply to the transfer of funds
 1682  between a primary campaign depository and a savings account or
 1683  certificate of deposit or to any interest earned on such account
 1684  or certificate.
 1685         (10) Contributions to a political committee or committee of
 1686  continuous existence may be received by an affiliated
 1687  organization and transferred to the bank account of the
 1688  political committee or committee of continuous existence via
 1689  check written from the affiliated organization if such
 1690  contributions are specifically identified as intended to be
 1691  contributed to the political committee or committee of
 1692  continuous existence. All contributions received in this manner
 1693  shall be reported pursuant to s. 106.07 by the political
 1694  committee or committee of continuous existence as having been
 1695  made by the original contributor.
 1696         Section 14. Section 106.11, Florida Statutes, is reenacted
 1697  and amended to read:
 1698         106.11 Expenses of and expenditures by candidates and
 1699  political committees.—Each candidate and each political
 1700  committee which designates a primary campaign depository
 1701  pursuant to s. 106.021(1) shall make expenditures from funds on
 1702  deposit in such primary campaign depository only in the
 1703  following manner, with the exception of expenditures made from
 1704  petty cash funds provided by s. 106.12:
 1705         (1)(a)1. The campaign treasurer or deputy campaign
 1706  treasurer of a candidate or political committee shall make
 1707  expenditures from funds on deposit in the primary campaign
 1708  depository only by means of a bank check drawn upon the campaign
 1709  account of the candidate or political committee. The campaign
 1710  account shall be separate from any personal or other account and
 1711  shall be used only for the purpose of depositing contributions
 1712  and making expenditures for the candidate or political
 1713  committee.
 1714         2. An expenditure by a political committee must also be
 1715  primarily related to raising or making a contribution,
 1716  influencing the results of an election, making an electioneering
 1717  communication, or other political activity authorized by this
 1718  chapter. A violation of this subparagraph is punishable solely
 1719  as provided in s. 106.19(2).
 1720         (b) The checks for such account shall contain, as a
 1721  minimum, the following information:
 1722         1. The statement “...(name of the campaign account of the
 1723  candidate or political committee.)... Campaign Account.”
 1724         2. The account number and the name of the bank.
 1725         3. The exact amount of the expenditure.
 1726         4. The signature of the campaign treasurer or deputy
 1727  treasurer.
 1728         5. The exact purpose for which the expenditure is
 1729  authorized.
 1730         6. The name of the payee.
 1731         (2)(a) For purposes of this section, debit cards are
 1732  considered bank checks, if:
 1733         1. Debit cards are obtained from the same bank that has
 1734  been designated as the candidate’s or political committee’s
 1735  primary campaign depository.
 1736         2. Debit cards are issued in the name of the treasurer,
 1737  deputy treasurer, or authorized user and contain the state
 1738  “...(name of the campaign account of the candidate or political
 1739  committee.)... Campaign Account.”
 1740         3. No more than three debit cards are requested and issued.
 1741         4. The person using the debit card does not receive cash as
 1742  part of, or independent of, any transaction for goods or
 1743  services.
 1744         5. All receipts for debit card transactions contain:
 1745         a. The last four digits of the debit card number.
 1746         b. The exact amount of the expenditure.
 1747         c. The name of the payee.
 1748         d. The signature of the campaign treasurer, deputy
 1749  treasurer, or authorized user.
 1750         e. The exact purpose for which the expenditure is
 1751  authorized.
 1752  
 1753  Any information required by this subparagraph but not included
 1754  on the debit card transaction receipt may be handwritten on, or
 1755  attached to, the receipt by the authorized user before
 1756  submission to the treasurer.
 1757         (b) Debit cards are not subject to the requirements of
 1758  paragraph (1)(b).
 1759         (3) The campaign treasurer, deputy treasurer, or authorized
 1760  user who signs the check shall be responsible for the
 1761  completeness and accuracy of the information on such check and
 1762  for insuring that such expenditure is an authorized expenditure.
 1763         (4) No candidate, campaign manager, treasurer, deputy
 1764  treasurer, or political committee or any officer or agent
 1765  thereof, or any person acting on behalf of any of the foregoing,
 1766  shall authorize any expenses, nor shall any campaign treasurer
 1767  or deputy treasurer sign a check drawn on the primary campaign
 1768  account for any purpose, unless there are sufficient funds on
 1769  deposit in the primary depository account of the candidate or
 1770  political committee to pay the full amount of the authorized
 1771  expense, to honor all other checks drawn on such account, which
 1772  checks are outstanding, and to meet all expenses previously
 1773  authorized but not yet paid. However, an expense may be incurred
 1774  for the purchase of goods or services if there are sufficient
 1775  funds on deposit in the primary depository account to pay the
 1776  full amount of the incurred expense, to honor all checks drawn
 1777  on such account, which checks are outstanding, and to meet all
 1778  other expenses previously authorized but not yet paid, provided
 1779  that payment for such goods or services is made upon final
 1780  delivery and acceptance of the goods or services; and an
 1781  expenditure from petty cash pursuant to the provisions of s.
 1782  106.12 may be authorized, if there is a sufficient amount of
 1783  money in the petty cash fund to pay for such expenditure.
 1784  Payment for credit card purchases shall be made pursuant to s.
 1785  106.125. Any expense incurred or authorized in excess of such
 1786  funds on deposit shall, in addition to other penalties provided
 1787  by law, constitute a violation of this chapter. As used in this
 1788  subsection, the term “sufficient funds on deposit in the primary
 1789  depository account of the candidate or political committee”
 1790  means that the funds at issue have been delivered for deposit to
 1791  the financial institution at which such account is maintained.
 1792  The term shall not be construed to mean that such funds are
 1793  available for withdrawal in accordance with the deposit rules or
 1794  the funds availability policies of such financial institution.
 1795         (5) A candidate who withdraws his or her candidacy, becomes
 1796  an unopposed candidate, or is eliminated as a candidate or
 1797  elected to office may expend funds from the campaign account to:
 1798         (a) Purchase “thank you” advertising for up to 75 days
 1799  after he or she withdraws, becomes unopposed, or is eliminated
 1800  or elected.
 1801         (b) Pay for items which were obligated before he or she
 1802  withdrew, became unopposed, or was eliminated or elected.
 1803         (c) Pay for expenditures necessary to close down the
 1804  campaign office and to prepare final campaign reports.
 1805         (d) Dispose of surplus funds as provided in s. 106.141.
 1806         (6) A candidate who makes a loan to his or her campaign and
 1807  reports the loan as required by s. 106.07 may be reimbursed for
 1808  the loan at any time the campaign account has sufficient funds
 1809  to repay the loan and satisfy its other obligations.
 1810         Section 15. Section 106.141, Florida Statutes, is amended
 1811  to read:
 1812         106.141 Disposition of surplus funds by candidates.—
 1813         (1) Except as provided in subsection (6), each candidate
 1814  who withdraws his or her candidacy, becomes an unopposed
 1815  candidate, or is eliminated as a candidate or elected to office
 1816  shall, within 90 days, dispose of the funds on deposit in his or
 1817  her campaign account and file a report reflecting the
 1818  disposition of all remaining funds. Such candidate may shall not
 1819  accept any contributions, nor may shall any person accept
 1820  contributions on behalf of such candidate, after the candidate
 1821  withdraws his or her candidacy, becomes unopposed, or is
 1822  eliminated or elected. However, if a candidate receives a refund
 1823  check after all surplus funds have been disposed of, the check
 1824  may be endorsed by the candidate and the refund disposed of
 1825  under this section. An amended report must be filed showing the
 1826  refund and subsequent disposition.
 1827         (2) Any candidate required to dispose of funds pursuant to
 1828  this section may, before prior to such disposition, be
 1829  reimbursed by the campaign, in full or in part, for any reported
 1830  contributions by the candidate to the campaign.
 1831         (3) The campaign treasurer of a candidate who withdraws his
 1832  or her candidacy, becomes unopposed, or is eliminated as a
 1833  candidate or elected to office and who has funds on deposit in a
 1834  separate interest-bearing account or certificate of deposit
 1835  shall, within 7 days after the date of becoming unopposed or the
 1836  date of such withdrawal, elimination, or election, transfer such
 1837  funds and the accumulated interest earned thereon to the
 1838  campaign account of the candidate for disposal under this
 1839  section. However, if the funds are in an account in which
 1840  penalties will apply for withdrawal within the 7-day period, the
 1841  campaign treasurer shall transfer such funds and the accumulated
 1842  interest earned thereon as soon as the funds can be withdrawn
 1843  without penalty, or within 90 days after the candidate becomes
 1844  unopposed, withdraws his or her candidacy, or is eliminated or
 1845  elected, whichever comes first.
 1846         (4)(a) Except as provided in paragraph (b), any candidate
 1847  required to dispose of funds pursuant to this section shall, at
 1848  the option of the candidate, dispose of such funds by any of the
 1849  following means, or any combination thereof:
 1850         1. Return pro rata to each contributor the funds that have
 1851  not been spent or obligated.
 1852         2. Donate the funds that have not been spent or obligated
 1853  to a charitable organization or organizations that meet the
 1854  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 1855         3. Give not more than $25,000 of the funds that have not
 1856  been spent or obligated to the affiliated party committee or
 1857  political party of which such candidate is a member.
 1858         4. Give the funds that have not been spent or obligated:
 1859         a. In the case of a candidate for state office, to the
 1860  state, to be deposited in either the Election Campaign Financing
 1861  Trust Fund or the General Revenue Fund, as designated by the
 1862  candidate; or
 1863         b. In the case of a candidate for an office of a political
 1864  subdivision, to such political subdivision, to be deposited in
 1865  the general fund thereof.
 1866         (b) Any candidate required to dispose of funds pursuant to
 1867  this section who has received contributions pursuant to the
 1868  Florida Election Campaign Financing Act shall, after all
 1869  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
 1870  been met, return all surplus campaign funds to the General
 1871  Revenue Fund.
 1872         (5) A candidate elected to office or a candidate who will
 1873  be elected to office by virtue of his or her being unopposed
 1874  may, in addition to the disposition methods provided in
 1875  subsection (4), transfer from the campaign account to an office
 1876  account any amount of the funds on deposit in such campaign
 1877  account up to:
 1878         (a) Fifty Twenty thousand dollars, for a candidate for
 1879  statewide office. The Governor and Lieutenant Governor shall be
 1880  considered separate candidates for the purpose of this section.
 1881         (b) Ten Five thousand dollars, for a candidate for
 1882  multicounty office.
 1883         (c) Ten Five thousand dollars multiplied by the number of
 1884  years in the term of office for which elected, for a candidate
 1885  for legislative office.
 1886         (d) Five thousand Two thousand five hundred dollars
 1887  multiplied by the number of years in the term of office for
 1888  which elected, for a candidate for county office or for a
 1889  candidate in any election conducted on less than a countywide
 1890  basis.
 1891         (e) Six thousand dollars, for a candidate for retention as
 1892  a justice of the Supreme Court.
 1893         (f) Three thousand dollars, for a candidate for retention
 1894  as a judge of a district court of appeal.
 1895         (g) Three thousand One thousand five hundred dollars, for a
 1896  candidate for county court judge or circuit judge.
 1897  
 1898  The office account established pursuant to this subsection shall
 1899  be separate from any personal or other account. Any funds so
 1900  transferred by a candidate shall be used only for legitimate
 1901  expenses in connection with the candidate’s public office. Such
 1902  expenses may include travel expenses incurred by the officer or
 1903  a staff member;, personal taxes payable on office account funds
 1904  by the candidate or elected public official; professional
 1905  services provided by a certified public accountant or attorney
 1906  for preparation of the elected public official’s financial
 1907  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
 1908  to prepare, print, produce, and mail holiday cards or
 1909  newsletters about the elected public official’s public business
 1910  to constituents, if such correspondence does not constitute a
 1911  political advertisement, independent expenditure, or
 1912  electioneering communication as provided in s. 106.011; fees or
 1913  dues to religious, civic, or charitable organizations of which
 1914  the elected public official is a member; items of modest value
 1915  such as flowers, greeting cards, or personal notes given as a
 1916  substitute for, or in association with, an elected public
 1917  official’s personal attendance at a constituent’s special event
 1918  or family occasion, such as the birth of a child, graduation,
 1919  wedding, or funeral; personal expenses incurred by the elected
 1920  public official in connection with attending a constituent
 1921  meeting or event where public policy is discussed, if such
 1922  meetings or events are limited to no more than once a week;, or
 1923  expenses incurred in the operation of the elected public
 1924  official’s his or her office, including the employment of
 1925  additional staff. The funds may be deposited in a savings
 1926  account; however, all deposits, withdrawals, and interest earned
 1927  thereon shall be reported at the appropriate reporting period.
 1928  If a candidate is reelected to office or elected to another
 1929  office and has funds remaining in his or her office account, he
 1930  or she may transfer surplus campaign funds to the office
 1931  account. At no time may the funds in the office account exceed
 1932  the limitation imposed by this subsection. Upon leaving public
 1933  office, any person who has funds in an office account pursuant
 1934  to this subsection remaining on deposit shall use such funds to
 1935  pay for professional services provided by a certified public
 1936  accountant or attorney for preparation of the elected public
 1937  official’s final financial disclosure filing pursuant to s.
 1938  112.3144 or s. 112.3145, or give such funds to a charitable
 1939  organization that meets or organizations which meet the
 1940  requirements of s. 501(c)(3) of the Internal Revenue Code or, in
 1941  the case of a state officer, to the state to be deposited in the
 1942  General Revenue Fund or, in the case of an officer of a
 1943  political subdivision, to the political subdivision to be
 1944  deposited in the general fund thereof.
 1945         (6)(a) For purposes of this subsection, the term “same
 1946  office” with respect to legislative office means an office in
 1947  the same legislative body, irrespective of district number or
 1948  designation or geographic boundary.
 1949         (b) A candidate elected to state office or a candidate who
 1950  will be elected to state office by virtue of his or her being
 1951  unopposed after candidate qualifying ends, may retain up to
 1952  $20,000 in his or her campaign account, or in an interest
 1953  bearing account or certificate of deposit, for use in his or her
 1954  next campaign for the same office, in addition to the
 1955  disposition methods provided in subsections (4) and (5). All
 1956  requirements applicable to candidate campaign accounts under
 1957  this chapter, including disclosure requirements applicable to
 1958  candidate campaign accounts, limitations on expenditures, and
 1959  limitations on contributions, apply to any retained funds.
 1960         (c) If a candidate who has retained funds under this
 1961  subsection does not qualify as a candidate for reelection to the
 1962  same office, all retained funds shall be disposed of as
 1963  otherwise required by this section or s. 106.11(5) within 90
 1964  days after the last day of candidate qualifying for that office.
 1965  Requirements in this section applicable to the disposal of
 1966  surplus funds, including reporting requirements, are applicable
 1967  to the disposal of retained funds.
 1968         (7)(6)Before Prior to disposing of funds pursuant to
 1969  subsection (4), or transferring funds into an office account
 1970  pursuant to subsection (5), or retaining funds for reelection
 1971  pursuant to subsection (6), any candidate who filed an oath
 1972  stating that he or she was unable to pay the election assessment
 1973  or fee for verification of petition signatures without imposing
 1974  an undue burden on his or her personal resources or on resources
 1975  otherwise available to him or her, or who filed both such oaths,
 1976  or who qualified by the petition process and was not required to
 1977  pay an election assessment, shall reimburse the state or local
 1978  governmental entity, whichever is applicable, for such waived
 1979  assessment or fee or both. Such reimbursement shall be made
 1980  first for the cost of petition verification and then, if funds
 1981  are remaining, for the amount of the election assessment. If
 1982  there are insufficient funds in the account to pay the full
 1983  amount of either the assessment or the fee or both, the
 1984  remaining funds shall be disbursed in the above manner until no
 1985  funds remain. All funds disbursed pursuant to this subsection
 1986  shall be remitted to the qualifying officer. Any reimbursement
 1987  for petition verification costs which are reimbursable by the
 1988  state shall be forwarded by the qualifying officer to the state
 1989  for deposit in the General Revenue Fund. All reimbursements for
 1990  the amount of the election assessment shall be forwarded by the
 1991  qualifying officer to the Department of State for deposit in the
 1992  General Revenue Fund.
 1993         (8)(a)(7)(a) Any candidate required to dispose of campaign
 1994  funds pursuant to this section shall do so within the time
 1995  required by this section and shall, on or before the date by
 1996  which such disposition is to have been made, shall file with the
 1997  officer with whom reports are required to be filed pursuant to
 1998  s. 106.07 a form prescribed by the Division of Elections
 1999  listing:
 2000         1. The name and address of each person or unit of
 2001  government to whom any of the funds were distributed and the
 2002  amounts thereof;
 2003         2. The name and address of each person to whom an
 2004  expenditure was made, together with the amount thereof and
 2005  purpose therefor; and
 2006         3. The amount of such funds transferred to an office
 2007  account by the candidate, together with the name and address of
 2008  the bank, savings and loan association, or credit union in which
 2009  the office account is located; and
 2010         4. The amount of such funds retained pursuant to subsection
 2011  (6), together with the name and address of the bank, savings and
 2012  loan association, or credit union in which the retained funds
 2013  are located.
 2014  
 2015  Such report shall be signed by the candidate and the campaign
 2016  treasurer and certified as true and correct pursuant to s.
 2017  106.07.
 2018         (b) The filing officer shall notify each candidate at least
 2019  14 days before the date the report is due.
 2020         (c) Any candidate failing to file a report on the
 2021  designated due date shall be subject to a fine as provided in s.
 2022  106.07 for submitting late termination reports.
 2023         (9)(8) Any candidate elected to office who transfers
 2024  surplus campaign funds into an office account pursuant to
 2025  subsection (5) shall file a report on the 10th day following the
 2026  end of each calendar quarter until the account is closed. Such
 2027  reports shall contain the name and address of each person to
 2028  whom any disbursement of funds was made, together with the
 2029  amount thereof and the purpose therefor, and the name and
 2030  address of any person from whom the elected candidate received
 2031  any refund or reimbursement and the amount thereof. Such reports
 2032  shall be on forms prescribed by the Division of Elections,
 2033  signed by the elected candidate, certified as true and correct,
 2034  and filed with the officer with whom campaign reports were filed
 2035  pursuant to s. 106.07(2).
 2036         (10)(9) Any candidate, or any person on behalf of a
 2037  candidate, who accepts contributions after such candidate has
 2038  withdrawn his or her candidacy, after the candidate has become
 2039  an unopposed candidate, or after the candidate has been
 2040  eliminated as a candidate or elected to office commits a
 2041  misdemeanor of the first degree, punishable as provided in s.
 2042  775.082 or s. 775.083.
 2043         (11)(10) Any candidate who is required by the provisions of
 2044  this section to dispose of funds in his or her campaign account
 2045  and who fails to dispose of the funds in the manner provided in
 2046  this section commits a misdemeanor of the first degree,
 2047  punishable as provided in s. 775.082 or s. 775.083.
 2048         Section 16. Section 106.29, Florida Statutes, is reenacted
 2049  and amended to read:
 2050         106.29 Reports by political parties and affiliated party
 2051  committees; restrictions on contributions and expenditures;
 2052  penalties.—
 2053         (1)(a) The state executive committee and each county
 2054  executive committee of each political party and any affiliated
 2055  party committee regulated by chapter 103 shall file regular
 2056  reports of all contributions received and all expenditures made
 2057  by such committee. However, the reports may shall not include
 2058  contributions and expenditures that are reported to the Federal
 2059  Election Commission.
 2060         (b) Each state executive committee and affiliated party
 2061  committee shall file regular reports with the Division of
 2062  Elections. Such reports must contain the same information as
 2063  reports required of candidates by s. 106.07 and must be filed at
 2064  the same times and subject to the same filing conditions
 2065  established by s. 106.07(1) and (2) for statewide candidate
 2066  reports filed with the division. Each county executive committee
 2067  shall file reports with the supervisor of elections in the
 2068  county in which such committee exists. Such reports must contain
 2069  the same information as reports required of candidates by s.
 2070  106.07 and must be filed at the same times and subject to the
 2071  same filing conditions established by s. 106.07(1) and (2) for
 2072  county candidate reports filed with the supervisor of elections.
 2073  In addition, when a special election is called to fill a vacancy
 2074  in office, each state executive committee, each affiliated party
 2075  committee, and each county executive committee making
 2076  contributions or expenditures to influence the results of the
 2077  special election or the preceding special primary election must
 2078  file campaign treasurers’ reports on the dates set by the
 2079  Department of State pursuant to s. 100.111. Such reports shall
 2080  contain the same information as do reports required of
 2081  candidates by s. 106.07 and shall be filed on the 10th day
 2082  following the end of each calendar quarter, except that, during
 2083  the period from the last day for candidate qualifying until the
 2084  general election, such reports shall be filed on the Friday
 2085  immediately preceding each special primary election, special
 2086  election, primary election, and general election.
 2087         (c) In addition to the reports filed under this section,
 2088  the state executive committee, each county executive committee,
 2089  and each affiliated party committee shall file a copy of each
 2090  prior written acceptance of an in-kind contribution given by the
 2091  committee during the preceding calendar quarter as required
 2092  under s. 106.08(6). Each state executive committee and
 2093  affiliated party committee shall file its reports with the
 2094  Division of Elections. Each county executive committee shall
 2095  file its reports with the supervisor of elections in the county
 2096  in which such committee exists.
 2097         (d) Any state or county executive committee or affiliated
 2098  party committee failing to file a report on the designated due
 2099  date is shall be subject to a fine as provided in subsection
 2100  (3). A No separate fine may not shall be assessed for failure to
 2101  file a copy of any report required by this section.
 2102         (2) The chair and treasurer of each state or county
 2103  executive committee shall certify as to the correctness of each
 2104  report filed by them on behalf of such committee. The leader and
 2105  treasurer of each affiliated party committee under s. 103.092
 2106  shall certify as to the correctness of each report filed by them
 2107  on behalf of such committee. Any committee chair, leader, or
 2108  treasurer who certifies the correctness of any report while
 2109  knowing that such report is incorrect, false, or incomplete
 2110  commits a felony of the third degree, punishable as provided in
 2111  s. 775.082, s. 775.083, or s. 775.084.
 2112         (3)(a) A Any state or county executive committee or
 2113  affiliated party committee that fails failing to file a report
 2114  on the designated due date is shall be subject to a fine as
 2115  provided in paragraph (b) for each late day. The fine shall be
 2116  assessed by the filing officer, and the moneys collected shall
 2117  be deposited in the General Revenue Fund.
 2118         (b) Upon determining that a report is late, the filing
 2119  officer shall immediately notify the chair of the executive
 2120  committee or the leader of the affiliated party committee as
 2121  defined in s. 103.092 as to the failure to file a report by the
 2122  designated due date and that a fine is being assessed for each
 2123  late day. The fine is shall be $1,000 for a state executive
 2124  committee, $1,000 for an affiliated party committee, and $50 for
 2125  a county executive committee, per day for each late day, not to
 2126  exceed 25 percent of the total receipts or expenditures,
 2127  whichever is greater, for the period covered by the late report.
 2128  However, if an executive committee or an affiliated party
 2129  committee fails to file a report on the Friday immediately
 2130  preceding the special election or general election, the fine is
 2131  shall be $10,000 per day for each day a state executive
 2132  committee is late, $10,000 per day for each day an affiliated
 2133  party committee is late, and $500 per day for each day a county
 2134  executive committee is late. Upon receipt of the report, the
 2135  filing officer shall determine the amount of the fine which is
 2136  due and shall notify the chair or leader as defined in s.
 2137  103.092. Notice is deemed complete upon proof of delivery of
 2138  written notice to the mailing or street address on record with
 2139  the filing officer. The filing officer shall determine the
 2140  amount of the fine due based upon the earliest of the following:
 2141         1. When the report is actually received by such officer.
 2142         2. When the report is postmarked.
 2143         3. When the certificate of mailing is dated.
 2144         4. When the receipt from an established courier company is
 2145  dated.
 2146         5. When the electronic receipt issued pursuant to s.
 2147  106.0705 is dated.
 2148  
 2149  Such fine shall be paid to the filing officer within 20 days
 2150  after receipt of the notice of payment due, unless appeal is
 2151  made to the Florida Elections Commission pursuant to paragraph
 2152  (c). An officer or member of an executive committee is not shall
 2153  not be personally liable for such fine.
 2154         (c) The chair of an executive committee or the leader of an
 2155  affiliated party committee as defined in s. 103.092 may appeal
 2156  or dispute the fine, based upon unusual circumstances
 2157  surrounding the failure to file on the designated due date, and
 2158  may request and is shall be entitled to a hearing before the
 2159  Florida Elections Commission, which has shall have the authority
 2160  to waive the fine in whole or in part. Any such request shall be
 2161  made within 20 days after receipt of the notice of payment due.
 2162  In such case, the chair of the executive committee or the leader
 2163  of the affiliated party committee as defined in s. 103.092
 2164  shall, within the 20-day period, notify the filing officer in
 2165  writing of his or her intention to bring the matter before the
 2166  commission.
 2167         (d) The appropriate filing officer shall notify the Florida
 2168  Elections Commission of the repeated late filing by an executive
 2169  committee or affiliated party committee, the failure of an
 2170  executive committee or affiliated party committee to file a
 2171  report after notice, or the failure to pay the fine imposed.
 2172         (4) Any contribution received by a state or county
 2173  executive committee or affiliated party committee less than 5
 2174  days before an election may shall not be used or expended in
 2175  behalf of any candidate, issue, affiliated party committee, or
 2176  political party participating in such election.
 2177         (5) A No state or county executive committee or affiliated
 2178  party committee, in the furtherance of any candidate or
 2179  political party, directly or indirectly, may not shall give,
 2180  pay, or expend any money, give or pay anything of value,
 2181  authorize any expenditure, or become pecuniarily liable for any
 2182  expenditure prohibited by this chapter. However, the
 2183  contribution of funds by one executive committee to another or
 2184  to established party organizations for legitimate party or
 2185  campaign purposes is not prohibited, but all such contributions
 2186  shall be recorded and accounted for in the reports of the
 2187  contributor and recipient.
 2188         (6)(a) The national, state, and county executive committees
 2189  of a political party and affiliated party committees may not
 2190  contribute to any candidate any amount in excess of the limits
 2191  contained in s. 106.08(2), and all contributions required to be
 2192  reported under s. 106.08(2) by the national executive committee
 2193  of a political party shall be reported by the state executive
 2194  committee of that political party.
 2195         (b) A violation of the contribution limits contained in s.
 2196  106.08(2) is a misdemeanor of the first degree, punishable as
 2197  provided in s. 775.082 or s. 775.083. A civil penalty equal to
 2198  three times the amount in excess of the limits contained in s.
 2199  106.08(2) shall be assessed against any executive committee
 2200  found in violation thereof.
 2201         Section 17. By December 1, 2013, the Division of Elections
 2202  shall submit a proposal to the President of the Senate and the
 2203  Speaker of the House of Representatives for a mandatory
 2204  statewide electronic filing system for all state and local
 2205  campaign filings required by s. 106.07, s. 106.0703, s. 106.141,
 2206  or s. 106.29.
 2207         Section 18. Subsection (3) of section 101.62, Florida
 2208  Statutes, is amended to read:
 2209         101.62 Request for absentee ballots.—
 2210         (3) For each request for an absentee ballot received, the
 2211  supervisor shall record the date the request was made, the date
 2212  the absentee ballot was delivered to the voter or the voter’s
 2213  designee or the date the absentee ballot was delivered to the
 2214  post office or other carrier, the date the ballot was received
 2215  by the supervisor, and such other information he or she may deem
 2216  necessary. This information shall be provided in electronic
 2217  format as provided by rule adopted by the division. The
 2218  information shall be updated and made available no later than 8
 2219  a.m. of each day, including weekends, beginning 60 days before
 2220  the primary until 15 days after the general election and shall
 2221  be contemporaneously provided to the division. This information
 2222  shall be confidential and exempt from the provisions of s.
 2223  119.07(1) and shall be made available to or reproduced only for
 2224  the voter requesting the ballot, a canvassing board, an election
 2225  official, a political party or official thereof, a candidate who
 2226  has filed qualification papers and is opposed in an upcoming
 2227  election, and registered political committees or registered
 2228  committees of continuous existence, for political purposes only.
 2229         Section 19. Paragraph (a) of subsection (4) of section
 2230  102.031, Florida Statutes, is amended to read:
 2231         102.031 Maintenance of good order at polls; authorities;
 2232  persons allowed in polling rooms and early voting areas;
 2233  unlawful solicitation of voters.—
 2234         (4)(a) No person, political committee, committee of
 2235  continuous existence, or other group or organization may solicit
 2236  voters inside the polling place or within 100 feet of the
 2237  entrance to any polling place, or polling room where the polling
 2238  place is also a polling room, or early voting site. Before the
 2239  opening of the polling place or early voting site, the clerk or
 2240  supervisor shall designate the no-solicitation zone and mark the
 2241  boundaries.
 2242         Section 20. Subsection (2) of section 106.087, Florida
 2243  Statutes, is amended to read:
 2244         106.087 Independent expenditures; contribution limits;
 2245  restrictions on political parties and, political committees, and
 2246  committees of continuous existence.—
 2247         (2)(a) Any political committee or committee of continuous
 2248  existence that accepts the use of public funds, equipment,
 2249  personnel, or other resources to collect dues from its members
 2250  agrees not to make independent expenditures in support of or
 2251  opposition to a candidate or elected public official. However,
 2252  expenditures may be made for the sole purpose of jointly
 2253  endorsing three or more candidates.
 2254         (b) Any political committee or committee of continuous
 2255  existence that violates this subsection is liable for a civil
 2256  fine of up to $5,000 to be determined by the Florida Elections
 2257  Commission or the entire amount of the expenditures, whichever
 2258  is greater.
 2259         Section 21. Subsection (3) of section 106.12, Florida
 2260  Statutes, is amended to read:
 2261         106.12 Petty cash funds allowed.—
 2262         (3) The petty cash fund so provided may shall be spent only
 2263  in amounts less than $100 and only for office supplies,
 2264  transportation expenses, and other necessities. Petty cash may
 2265  shall not be used for the purchase of time, space, or services
 2266  from communications media as defined in s. 106.011 106.011(13).
 2267         Section 22. Paragraph (b) of subsection (3) of section
 2268  106.147, Florida Statutes, is amended to read:
 2269         106.147 Telephone solicitation; disclosure requirements;
 2270  prohibitions; exemptions; penalties.—
 2271         (3)
 2272         (b) For purposes of paragraph (a), the term “person”
 2273  includes any candidate; any officer of any political committee,
 2274  committee of continuous existence, affiliated party committee,
 2275  or political party executive committee; any officer, partner,
 2276  attorney, or other representative of a corporation, partnership,
 2277  or other business entity; and any agent or other person acting
 2278  on behalf of any candidate, political committee, committee of
 2279  continuous existence, affiliated party committee, political
 2280  party executive committee, or corporation, partnership, or other
 2281  business entity.
 2282         Section 23. Section 106.17, Florida Statutes, is amended to
 2283  read:
 2284         106.17 Polls and surveys relating to candidacies.—Any
 2285  candidate, political committee, committee of continuous
 2286  existence, electioneering communication organization, affiliated
 2287  party committee, or state or county executive committee of a
 2288  political party may authorize or conduct a political poll,
 2289  survey, index, or measurement of any kind relating to candidacy
 2290  for public office so long as the candidate, political committee,
 2291  committee of continuous existence, electioneering communication
 2292  organization, affiliated party committee, or political party
 2293  maintains complete jurisdiction over the poll in all its
 2294  aspects. State and county executive committees of a political
 2295  party or an affiliated party committee may authorize and conduct
 2296  political polls for the purpose of determining the viability of
 2297  potential candidates. Such poll results may be shared with
 2298  potential candidates, and expenditures incurred by state and
 2299  county executive committees or an affiliated party committee for
 2300  potential candidate polls are not contributions to the potential
 2301  candidates.
 2302         Section 24. Subsection (2) of section 106.23, Florida
 2303  Statutes, is amended to read:
 2304         106.23 Powers of the Division of Elections.—
 2305         (2) The Division of Elections shall provide advisory
 2306  opinions when requested by any supervisor of elections,
 2307  candidate, local officer having election-related duties,
 2308  political party, affiliated party committee, political
 2309  committee, committee of continuous existence, or other person or
 2310  organization engaged in political activity, relating to any
 2311  provisions or possible violations of Florida election laws with
 2312  respect to actions such supervisor, candidate, local officer
 2313  having election-related duties, political party, affiliated
 2314  party committee, committee, person, or organization has taken or
 2315  proposes to take. Requests for advisory opinions must be
 2316  submitted in accordance with rules adopted by the Department of
 2317  State. A written record of all such opinions issued by the
 2318  division, sequentially numbered, dated, and indexed by subject
 2319  matter, shall be retained. A copy shall be sent to said person
 2320  or organization upon request. Any such person or organization,
 2321  acting in good faith upon such an advisory opinion, shall not be
 2322  subject to any criminal penalty provided for in this chapter.
 2323  The opinion, until amended or revoked, shall be binding on any
 2324  person or organization who sought the opinion or with reference
 2325  to whom the opinion was sought, unless material facts were
 2326  omitted or misstated in the request for the advisory opinion.
 2327         Section 25. Subsections (2) and (3) of section 106.265,
 2328  Florida Statutes, are amended to read:
 2329         106.265 Civil penalties.—
 2330         (2) In determining the amount of such civil penalties, the
 2331  commission or administrative law judge shall consider, among
 2332  other mitigating and aggravating circumstances:
 2333         (a) The gravity of the act or omission;
 2334         (b) Any previous history of similar acts or omissions;
 2335         (c) The appropriateness of such penalty to the financial
 2336  resources of the person, political committee, committee of
 2337  continuous existence, affiliated party committee, electioneering
 2338  communications organization, or political party; and
 2339         (d) Whether the person, political committee, committee of
 2340  continuous existence, affiliated party committee, electioneering
 2341  communications organization, or political party has shown good
 2342  faith in attempting to comply with the provisions of this
 2343  chapter or chapter 104.
 2344         (3) If any person, political committee, committee of
 2345  continuous existence, affiliated party committee, electioneering
 2346  communications organization, or political party fails or refuses
 2347  to pay to the commission any civil penalties assessed pursuant
 2348  to the provisions of this section, the commission shall be
 2349  responsible for collecting the civil penalties resulting from
 2350  such action.
 2351         Section 26. Subsection (2) of section 106.27, Florida
 2352  Statutes, is amended to read:
 2353         106.27 Determinations by commission; legal disposition.—
 2354         (2) Civil actions may be brought by the commission for
 2355  relief, including permanent or temporary injunctions,
 2356  restraining orders, or any other appropriate order for the
 2357  imposition of civil penalties provided by this chapter. Such
 2358  civil actions shall be brought by the commission in the
 2359  appropriate court of competent jurisdiction, and the venue shall
 2360  be in the county in which the alleged violation occurred or in
 2361  which the alleged violator or violators are found, reside, or
 2362  transact business. Upon a proper showing that such person,
 2363  political committee, committee of continuous existence,
 2364  affiliated party committee, or political party has engaged, or
 2365  is about to engage, in prohibited acts or practices, a permanent
 2366  or temporary injunction, restraining order, or other order shall
 2367  be granted without bond by such court, and the civil fines
 2368  provided by this chapter may be imposed.
 2369         Section 27. Subsection (3) of section 106.32, Florida
 2370  Statutes, is amended to read:
 2371         106.32 Election Campaign Financing Trust Fund.—
 2372         (3) Proceeds from assessments pursuant to ss. 106.04,
 2373  106.07, and 106.29 shall be deposited into the Election Campaign
 2374  Financing Trust Fund as designated in those sections.
 2375         Section 28. Section 106.33, Florida Statutes, is amended to
 2376  read:
 2377         106.33 Election campaign financing; eligibility.—Each
 2378  candidate for the office of Governor or member of the Cabinet
 2379  who desires to receive contributions from the Election Campaign
 2380  Financing Trust Fund shall, upon qualifying for office, shall
 2381  file a request for such contributions with the filing officer on
 2382  forms provided by the Division of Elections. If a candidate
 2383  requesting contributions from the fund desires to have such
 2384  funds distributed by electronic fund transfers, the request
 2385  shall include information necessary to implement that procedure.
 2386  For the purposes of ss. 106.30-106.36, the respective candidates
 2387  running for Governor and Lieutenant Governor on the same ticket
 2388  shall be considered as a single candidate. To be eligible to
 2389  receive contributions from the fund, a candidate may not be an
 2390  unopposed candidate as defined in s. 106.011 106.011(15) and
 2391  must:
 2392         (1) Agree to abide by the expenditure limits provided in s.
 2393  106.34.
 2394         (2)(a) Raise contributions as follows:
 2395         1. One hundred fifty thousand dollars for a candidate for
 2396  Governor.
 2397         2. One hundred thousand dollars for a candidate for Cabinet
 2398  office.
 2399         (b) Contributions from individuals who at the time of
 2400  contributing are not state residents may not be used to meet the
 2401  threshold amounts in paragraph (a). For purposes of this
 2402  paragraph, any person validly registered to vote in this state
 2403  shall be considered a state resident.
 2404         (3) Limit loans or contributions from the candidate’s
 2405  personal funds to $25,000 and contributions from national,
 2406  state, and county executive committees of a political party to
 2407  $250,000 in the aggregate, which loans or contributions do shall
 2408  not qualify for meeting the threshold amounts in subsection (2).
 2409         (4) Submit to a postelection audit of the campaign account
 2410  by the division.
 2411         Section 29. Section 111.075, Florida Statutes, is amended
 2412  to read:
 2413         111.075 Elected officials; prohibition concerning certain
 2414  committees.—Elected officials are prohibited from being employed
 2415  by, or acting as a consultant for compensation to, a political
 2416  committee or committee of continuous existence.
 2417         Section 30. Subsections (3) and (4) and paragraph (a) of
 2418  subsection (5) of section 112.3148, Florida Statutes, are
 2419  amended to read:
 2420         112.3148 Reporting and prohibited receipt of gifts by
 2421  individuals filing full or limited public disclosure of
 2422  financial interests and by procurement employees.—
 2423         (3) A reporting individual or procurement employee is
 2424  prohibited from soliciting any gift from a political committee
 2425  or committee of continuous existence, as defined in s. 106.011,
 2426  or from a lobbyist who lobbies the reporting individual’s or
 2427  procurement employee’s agency, or the partner, firm, employer,
 2428  or principal of such lobbyist, where such gift is for the
 2429  personal benefit of the reporting individual or procurement
 2430  employee, another reporting individual or procurement employee,
 2431  or any member of the immediate family of a reporting individual
 2432  or procurement employee.
 2433         (4) A reporting individual or procurement employee or any
 2434  other person on his or her behalf is prohibited from knowingly
 2435  accepting, directly or indirectly, a gift from a political
 2436  committee or committee of continuous existence, as defined in s.
 2437  106.011, or from a lobbyist who lobbies the reporting
 2438  individual’s or procurement employee’s agency, or directly or
 2439  indirectly on behalf of the partner, firm, employer, or
 2440  principal of a lobbyist, if he or she knows or reasonably
 2441  believes that the gift has a value in excess of $100; however,
 2442  such a gift may be accepted by such person on behalf of a
 2443  governmental entity or a charitable organization. If the gift is
 2444  accepted on behalf of a governmental entity or charitable
 2445  organization, the person receiving the gift shall not maintain
 2446  custody of the gift for any period of time beyond that
 2447  reasonably necessary to arrange for the transfer of custody and
 2448  ownership of the gift.
 2449         (5)(a) A political committee or a committee of continuous
 2450  existence, as defined in s. 106.011; a lobbyist who lobbies a
 2451  reporting individual’s or procurement employee’s agency; the
 2452  partner, firm, employer, or principal of a lobbyist; or another
 2453  on behalf of the lobbyist or partner, firm, principal, or
 2454  employer of the lobbyist is prohibited from giving, either
 2455  directly or indirectly, a gift that has a value in excess of
 2456  $100 to the reporting individual or procurement employee or any
 2457  other person on his or her behalf; however, such person may give
 2458  a gift having a value in excess of $100 to a reporting
 2459  individual or procurement employee if the gift is intended to be
 2460  transferred to a governmental entity or a charitable
 2461  organization.
 2462         Section 31. Subsections (3) and (4) of section 112.3149,
 2463  Florida Statutes, are amended to read:
 2464         112.3149 Solicitation and disclosure of honoraria.—
 2465         (3) A reporting individual or procurement employee is
 2466  prohibited from knowingly accepting an honorarium from a
 2467  political committee or committee of continuous existence, as
 2468  defined in s. 106.011, from a lobbyist who lobbies the reporting
 2469  individual’s or procurement employee’s agency, or from the
 2470  employer, principal, partner, or firm of such a lobbyist.
 2471         (4) A political committee or committee of continuous
 2472  existence, as defined in s. 106.011, a lobbyist who lobbies a
 2473  reporting individual’s or procurement employee’s agency, or the
 2474  employer, principal, partner, or firm of such a lobbyist is
 2475  prohibited from giving an honorarium to a reporting individual
 2476  or procurement employee.
 2477         Section 32. Subsection (4) of section 1004.28, Florida
 2478  Statutes, is amended to read:
 2479         1004.28 Direct-support organizations; use of property;
 2480  board of directors; activities; audit; facilities.—
 2481         (4) ACTIVITIES; RESTRICTION.—A university direct-support
 2482  organization is prohibited from giving, either directly or
 2483  indirectly, any gift to a political committee or committee of
 2484  continuous existence as defined in s. 106.011 for any purpose
 2485  other than those certified by a majority roll call vote of the
 2486  governing board of the direct-support organization at a
 2487  regularly scheduled meeting as being directly related to the
 2488  educational mission of the university.
 2489         Section 33. Paragraph (d) of subsection (4) of section
 2490  1004.70, Florida Statutes, is amended to read:
 2491         1004.70 Florida College System institution direct-support
 2492  organizations.—
 2493         (4) ACTIVITIES; RESTRICTIONS.—
 2494         (d) A Florida College System institution direct-support
 2495  organization is prohibited from giving, either directly or
 2496  indirectly, any gift to a political committee or committee of
 2497  continuous existence as defined in s. 106.011 for any purpose
 2498  other than those certified by a majority roll call vote of the
 2499  governing board of the direct-support organization at a
 2500  regularly scheduled meeting as being directly related to the
 2501  educational mission of the Florida College System institution.
 2502         Section 34. Paragraph (c) of subsection (4) of section
 2503  1004.71, Florida Statutes, is amended to read:
 2504         1004.71 Statewide Florida College System institution
 2505  direct-support organizations.—
 2506         (4) RESTRICTIONS.—
 2507         (c) A statewide Florida College System institution direct
 2508  support organization is prohibited from giving, either directly
 2509  or indirectly, any gift to a political committee or committee of
 2510  continuous existence as defined in s. 106.011 for any purpose
 2511  other than those certified by a majority roll call vote of the
 2512  governing board of the direct-support organization at a
 2513  regularly scheduled meeting as being directly related to the
 2514  educational mission of the State Board of Education.
 2515         Section 35. For the purpose of incorporating the amendments
 2516  made by this act to sections 106.08 and 106.11, Florida
 2517  Statutes, in references thereto, section 106.19, Florida
 2518  Statutes, is reenacted to read:
 2519         106.19 Violations by candidates, persons connected with
 2520  campaigns, and political committees.—
 2521         (1) Any candidate; campaign manager, campaign treasurer, or
 2522  deputy treasurer of any candidate; committee chair, vice chair,
 2523  campaign treasurer, deputy treasurer, or other officer of any
 2524  political committee; agent or person acting on behalf of any
 2525  candidate or political committee; or other person who knowingly
 2526  and willfully:
 2527         (a) Accepts a contribution in excess of the limits
 2528  prescribed by s. 106.08;
 2529         (b) Fails to report any contribution required to be
 2530  reported by this chapter;
 2531         (c) Falsely reports or deliberately fails to include any
 2532  information required by this chapter; or
 2533         (d) Makes or authorizes any expenditure in violation of s.
 2534  106.11(4) or any other expenditure prohibited by this chapter;
 2535  
 2536  is guilty of a misdemeanor of the first degree, punishable as
 2537  provided in s. 775.082 or s. 775.083.
 2538         (2) Any candidate, campaign treasurer, or deputy treasurer;
 2539  any chair, vice chair, or other officer of any political
 2540  committee; any agent or person acting on behalf of any candidate
 2541  or political committee; or any other person who violates
 2542  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be
 2543  subject to a civil penalty equal to three times the amount
 2544  involved in the illegal act. Such penalty may be in addition to
 2545  the penalties provided by subsection (1) and shall be paid into
 2546  the General Revenue Fund of this state.
 2547         (3) A political committee sponsoring a constitutional
 2548  amendment proposed by initiative which submits a petition form
 2549  gathered by a paid petition circulator which does not provide
 2550  the name and address of the paid petition circulator on the form
 2551  is subject to the civil penalties prescribed in s. 106.265.
 2552         (4) Except as otherwise expressly stated, the failure by a
 2553  candidate to comply with the requirements of this chapter has no
 2554  effect upon whether the candidate has qualified for the office
 2555  the candidate is seeking.
 2556         Section 36. (1) For the 2013-2014 fiscal year, one full
 2557  time equivalent position, with associated salary rate of 33,000,
 2558  is authorized, and $42,900 in recurring funds from the Elections
 2559  Commission Trust Fund within the Department of Legal Affairs is
 2560  appropriated to the Florida Elections Commission to carry out
 2561  the provisions of this act.
 2562         (2) For the 2013-2014 fiscal year, two full-time equivalent
 2563  positions, with associated salary rate of 57,297, are
 2564  authorized, and $85,000 in recurring funds from the General
 2565  Revenue Fund is appropriated to the Division of Elections of the
 2566  Department of State to carry out the provisions of this act.
 2567         (3) This section shall take effect July 1, 2013.
 2568         Section 37. Except as otherwise expressly provided in this
 2569  act and except for this section, which shall take effect upon
 2570  becoming a law, this act shall take effect November 1, 2013.