Florida Senate - 2023 SB 1216
By Senator Ingoglia
11-00437-23 20231216__
1 A bill to be entitled
2 An act relating to campaign finance; creating s.
3 106.38, F.S.; prohibiting a political committee from
4 transferring funds to another political committee;
5 amending s. 106.011, F.S.; revising the definition of
6 the term “contribution” to conform to changes made by
7 the act; amending s. 106.07, F.S.; conforming
8 provisions to changes made by the act; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 106.38, Florida Statutes, is created to
14 read:
15 106.38 Transfer of political committee funds.—A political
16 committee may not transfer funds to another political committee.
17 Section 2. Subsection (5) of section 106.011, Florida
18 Statutes, is amended to read:
19 106.011 Definitions.—As used in this chapter, the following
20 terms have the following meanings unless the context clearly
21 indicates otherwise:
22 (5) “Contribution” means:
23 (a) A gift, subscription, conveyance, deposit, loan,
24 payment, or distribution of money or anything of value,
25 including contributions in kind having an attributable monetary
26 value in any form, made for the purpose of influencing the
27 results of an election or making an electioneering
28 communication.
29 (b) A transfer of funds between political committees,
30 between electioneering communications organizations or between
31 an electioneering communications organization and a political
32 committee, or between any combination of these groups.
33 (c) The payment, by a person other than a candidate or
34 political committee, of compensation for the personal services
35 of another person which are rendered to a candidate or political
36 committee without charge to the candidate or committee for such
37 services.
38 (d) The transfer of funds by a campaign treasurer or deputy
39 campaign treasurer between a primary depository and a separate
40 interest-bearing account or certificate of deposit, and the term
41 includes interest earned on such account or certificate.
42
43 Notwithstanding the foregoing meanings of “contribution,” the
44 term may not be construed to include services, including, but
45 not limited to, legal and accounting services, provided without
46 compensation by individuals volunteering a portion or all of
47 their time on behalf of a candidate or political committee or
48 editorial endorsements.
49 Section 3. Paragraph (a) of subsection (4) of section
50 106.07, Florida Statutes, is amended to read:
51 106.07 Reports; certification and filing.—
52 (4)(a) Except for daily reports, to which only the
53 contributions provisions below apply, and except as provided in
54 paragraph (b), each report required by this section must
55 contain:
56 1. The full name, address, and occupation, if any, of each
57 person who has made one or more contributions to or for such
58 committee or candidate within the reporting period, together
59 with the amount and date of such contributions. For
60 corporations, the report must provide as clear a description as
61 practicable of the principal type of business conducted by the
62 corporation. However, if the contribution is $100 or less or is
63 from a relative, as defined in s. 112.312, provided that the
64 relationship is reported, the occupation of the contributor or
65 the principal type of business need not be listed.
66 2. The name and address of each political committee from
67 which the reporting committee or the candidate received, or to
68 which the reporting committee or candidate made, any transfer of
69 funds, together with the amounts and dates of all transfers.
70 3. Each loan for campaign purposes to or from any person or
71 political committee within the reporting period, together with
72 the full names, addresses, and occupations, and principal places
73 of business, if any, of the lender and endorsers, if any, and
74 the date and amount of such loans.
75 4. A statement of each contribution, rebate, refund, or
76 other receipt not otherwise listed under subparagraphs 1.
77 through 3.
78 5. The total sums of all loans, in-kind contributions, and
79 other receipts by or for such committee or candidate during the
80 reporting period. The reporting forms must shall be designed to
81 elicit separate totals for in-kind contributions, loans, and
82 other receipts.
83 6. The full name and address of each person to whom
84 expenditures have been made by or on behalf of the committee or
85 candidate within the reporting period; the amount, date, and
86 purpose of each such expenditure; and the name and address of,
87 and office sought by, each candidate on whose behalf such
88 expenditure was made. However, expenditures made from the petty
89 cash fund provided by s. 106.12 need not be reported
90 individually.
91 7. The full name and address of each person to whom an
92 expenditure for personal services, salary, or reimbursement for
93 authorized expenses as provided in s. 106.021(3) has been made
94 and which is not otherwise reported, including the amount, date,
95 and purpose of such expenditure. However, expenditures made from
96 the petty cash fund provided for in s. 106.12 need not be
97 reported individually. Receipts for reimbursement for authorized
98 expenditures must shall be retained by the treasurer along with
99 the records for the campaign account.
100 8. The total amount withdrawn and the total amount spent
101 for petty cash purposes pursuant to this chapter during the
102 reporting period.
103 9. The total sum of expenditures made by such committee or
104 candidate during the reporting period.
105 10. The amount and nature of debts and obligations owed by
106 or to the committee or candidate, which relate to the conduct of
107 any political campaign.
108 11. Transaction information for each credit card purchase.
109 Receipts for each credit card purchase must shall be retained by
110 the treasurer with the records for the campaign account.
111 12. The amount and nature of any separate interest-bearing
112 accounts or certificates of deposit and identification of the
113 financial institution in which such accounts or certificates of
114 deposit are located.
115 13. The primary purposes of an expenditure made indirectly
116 through a campaign treasurer pursuant to s. 106.021(3) for goods
117 and services such as communications media placement or
118 procurement services, campaign signs, insurance, and other
119 expenditures that include multiple components as part of the
120 expenditure. The primary purpose of an expenditure is shall be
121 that purpose, including integral and directly related
122 components, that comprises 80 percent of such expenditure.
123 Section 4. This act shall take effect July 1, 2023.