Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 884
       
       
       
       
       
       
                                Ì639232ÊÎ639232                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/16/2024           .                                
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       The Committee on Ethics and Elections (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 62 - 240
    4  and insert:
    5  10 business days after the division completes an audit conducted
    6  pursuant to this subsection or s. 106.22(10). The candidate may
    7  maintain the campaign account during such an audit for the sole
    8  purpose of making expenditures to correct audit findings.
    9         (6)(5) A candidate elected to office or a candidate who
   10  will be elected to office by virtue of his or her being
   11  unopposed may, in addition to the disposition methods provided
   12  in subsection (5) (4), transfer from the campaign account to an
   13  office account any amount of the funds on deposit in such
   14  campaign account up to:
   15         (a) Fifty thousand dollars, for a candidate for statewide
   16  office. The Governor and Lieutenant Governor shall be considered
   17  separate candidates for the purpose of this section.
   18         (b) Ten thousand dollars, for a candidate for multicounty
   19  office.
   20         (c) Ten thousand dollars multiplied by the number of years
   21  in the term of office for which elected, for a candidate for
   22  legislative office.
   23         (d) Five thousand dollars multiplied by the number of years
   24  in the term of office for which elected, for a candidate for
   25  county office or for a candidate in any election conducted on
   26  less than a countywide basis.
   27         (e) Six thousand dollars, for a candidate for retention as
   28  a justice of the Supreme Court.
   29         (f) Three thousand dollars, for a candidate for retention
   30  as a judge of a district court of appeal.
   31         (g) Three thousand dollars, for a candidate for county
   32  court judge or circuit judge.
   33  
   34  The office account established pursuant to this subsection shall
   35  be separate from any personal or other account. Any funds so
   36  transferred by a candidate shall be used only for legitimate
   37  expenses in connection with the candidate’s public office. Such
   38  expenses may include travel expenses incurred by the officer or
   39  a staff member; personal taxes payable on office account funds
   40  by the candidate or elected public official; professional
   41  services provided by a certified public accountant or attorney
   42  for preparation of the elected public official’s financial
   43  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
   44  to prepare, print, produce, and mail holiday cards or
   45  newsletters about the elected public official’s public business
   46  to constituents if such correspondence does not constitute a
   47  political advertisement, independent expenditure, or
   48  electioneering communication as provided in s. 106.011; fees or
   49  dues to religious, civic, or charitable organizations of which
   50  the elected public official is a member; items of modest value
   51  such as flowers, greeting cards, or personal notes given as a
   52  substitute for, or in association with, an elected public
   53  official’s personal attendance at a constituent’s special event
   54  or family occasion, such as the birth of a child, graduation,
   55  wedding, or funeral; personal expenses incurred by the elected
   56  public official in connection with attending a constituent
   57  meeting or event where public policy is discussed, if such
   58  meetings or events are limited to no more than once a week; or
   59  expenses incurred in the operation of the elected public
   60  official’s office, including the employment of additional staff.
   61  The funds may be deposited in a savings account; however, all
   62  deposits, withdrawals, and interest earned thereon shall be
   63  reported at the appropriate reporting period. If a candidate is
   64  reelected to office or elected to another office and has funds
   65  remaining in his or her office account, he or she may transfer
   66  surplus campaign funds to the office account. At no time may the
   67  funds in the office account exceed the limitation imposed by
   68  this subsection. Upon leaving public office, any person who has
   69  funds in an office account pursuant to this subsection remaining
   70  on deposit shall use such funds to pay for professional services
   71  provided by a certified public accountant or attorney for
   72  preparation of the elected public official’s final financial
   73  disclosure filing pursuant to s. 112.3144 or s. 112.3145, or
   74  give such funds to a charitable organization that meets the
   75  requirements of s. 501(c)(3) of the Internal Revenue Code or, in
   76  the case of a state officer, to the state to be deposited in the
   77  General Revenue Fund or, in the case of an officer of a
   78  political subdivision, to the political subdivision to be
   79  deposited in the general fund thereof.
   80         (7)(6)
   81         (b) A candidate elected to state office or a candidate who
   82  will be elected to state office by virtue of his or her being
   83  unopposed after candidate qualifying ends, may retain up to
   84  $20,000 in his or her campaign account, or in an interest
   85  bearing account or certificate of deposit, for use in his or her
   86  next campaign for the same office, in addition to the
   87  disposition methods provided in subsections (5) (4) and (6) (5).
   88  All requirements applicable to candidate campaign accounts under
   89  this chapter, including disclosure requirements applicable to
   90  candidate campaign accounts, limitations on expenditures, and
   91  limitations on contributions, apply to any retained funds.
   92         (8)(7) Before disposing of funds pursuant to subsection (5)
   93  (4), transferring funds into an office account pursuant to
   94  subsection (6) (5), or retaining funds for reelection pursuant
   95  to subsection (7) (6), any candidate who filed an oath stating
   96  that he or she was unable to pay the fee for verification of
   97  petition signatures without imposing an undue burden on his or
   98  her personal resources or on resources otherwise available to
   99  him or her shall reimburse the state or local governmental
  100  entity, whichever is applicable, for such waived fee. If there
  101  are insufficient funds in the account to pay the full amount of
  102  the fee, the remaining funds shall be disbursed in the above
  103  manner until no funds remain. All funds disbursed pursuant to
  104  this subsection shall be remitted to the qualifying officer. Any
  105  reimbursement for petition verification costs which are
  106  reimbursable by the state shall be forwarded by the qualifying
  107  officer to the state for deposit in the General Revenue Fund.
  108         (9)(8)(a) Any candidate required to dispose of campaign
  109  funds pursuant to this section shall do so within the time
  110  required by this section and, on or before the date by which
  111  such disposition is to have been made, shall file with the
  112  officer with whom reports are required to be filed pursuant to
  113  s. 106.07 a form prescribed by the Division of Elections
  114  listing:
  115         1. The name and address of each person or unit of
  116  government to whom any of the funds were distributed and the
  117  amounts thereof;
  118         2. The name and address of each person to whom an
  119  expenditure was made, together with the amount thereof and
  120  purpose therefor;
  121         3. The amount of such funds transferred to an office
  122  account by the candidate, together with the name and address of
  123  the bank, savings and loan association, or credit union in which
  124  the office account is located; and
  125         4. The amount of such funds retained pursuant to subsection
  126  (7) (6), together with the name and address of the bank, savings
  127  and loan association, or credit union in which the retained
  128  funds are located.
  129  
  130  Such report shall be signed by the candidate and the campaign
  131  treasurer and certified as true and correct pursuant to s.
  132  106.07.
  133         (10)(9) Any candidate elected to office who transfers
  134  surplus campaign funds into an office account pursuant to
  135  subsection (6) (5) shall file a report on the 10th day following
  136  the end of each calendar quarter until the account is closed.
  137  Such reports shall contain the name and address of each person
  138  to whom any disbursement of funds was made, together with the
  139  amount thereof and the purpose therefor, and the name and
  140  address of any person from whom the elected candidate received
  141  any refund or reimbursement and the amount thereof. Such reports
  142  shall be on forms prescribed by the Division of Elections,
  143  signed by the elected candidate, certified as true and correct,
  144  and filed with the officer with whom campaign reports were filed
  145  pursuant to s. 106.07(2).
  146         Section 2. Subsections (6) and (10) of section 106.22,
  147  Florida Statutes, are amended to read:
  148         106.22 Duties of the Division of Elections.—It is the duty
  149  of the Division of Elections to:
  150         (6) Conduct Make, from time to time, audits and field
  151  investigations with respect to reports and statements filed
  152  under the provisions of this chapter and with respect to alleged
  153  failures to file any report or statement required under the
  154  provisions of this chapter. The division shall conduct a
  155  postelection audit of the campaign accounts of all candidates
  156  receiving contributions from the Election Campaign Financing
  157  Trust Fund.
  158         (10) After each general election cycle, conduct random
  159  audits of with respect to reports and statements filed under
  160  this chapter during that cycle and with respect to alleged
  161  failure to file any reports and statements required under this
  162  chapter.
  163         (a)The audits must be of a random sample of 3 percent of:
  164         1.All qualified candidates in each of the following office
  165  groups:
  166         a.State.
  167         b.Judicial.
  168         c.Multicounty.
  169         d.Special district.
  170         2.All political committees.
  171         3.All electioneering communication organizations.
  172         (b)The division shall adopt rules governing the sample
  173  selection process by October 1, 2024.
  174         (c)The division shall complete the sample selection
  175  process no later than 30 days after each general election and
  176  shall promptly notify the treasurer of each candidate, political
  177  committee, and electioneering communication organization
  178  selected.
  179         (d)The treasurer of each candidate, political committee,
  180  or electioneering communication organization shall maintain
  181  valid contact information with the division until the division
  182  determines that the candidate, political committee, or
  183  electioneering communication organization has not been selected
  184  for an audit, or, if selected, until completion of the audit.
  185         (e)The selection of a candidate, a political committee, or
  186  an electioneering communication organization for audit and the
  187  process by which the candidate, political committee, or
  188  electioneering communication organization was selected are
  189  exempt from chapter 120.
  190         (f)The 90-day period within which a candidate must dispose
  191  of funds and file a report pursuant to s. 106.141(1) is tolled
  192  until 10 business days after the division completes an audit
  193  pursuant to this subsection. The candidate may maintain the
  194  campaign account during such an audit for the sole purpose of
  195  making expenditures to correct audit findings.
  196  
  197  ================= T I T L E  A M E N D M E N T ================
  198  And the title is amended as follows:
  199         Delete lines 19 - 23
  200  and insert:
  201         certain date; requiring the division to complete the
  202         selection process within a specified timeframe and
  203         promptly notify treasurers of specified entities
  204         selected; requiring such treasurers to maintain valid
  205         contact information with the division for a specified
  206         timeframe; exempting aspects of the auditing process
  207         from the Administrative Procedure Act; providing that
  208         the period for candidates to dispose of funds and file
  209         a report is tolled for a specified timeframe under
  210         specified conditions; authorizing candidates to
  211         maintain a campaign account for a specified purpose
  212         during an audit; amending s. 106.021,