Florida Senate - 2024                                     SB 884
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00391B-24                                            2024884__
    1                        A bill to be entitled                      
    2         An act relating to audits of campaign finance reports;
    3         amending s. 106.141, F.S.; authorizing certain
    4         candidates to request the Division of Elections of the
    5         Department of State to audit a specified report;
    6         providing that the period for a candidate to dispose
    7         of funds and file a report is tolled for a specified
    8         timeframe; authorizing candidates to maintain a
    9         campaign account during the audit for a specified
   10         purpose; amending s. 106.22, F.S.; requiring the
   11         division to conduct audits and field investigations
   12         with respect to candidates’ alleged failures to file
   13         certain reports or statements; requiring the division
   14         to conduct random audits of specified reports after
   15         each general election cycle; providing that the
   16         auditing must consist of a certain percentage of all
   17         qualified candidates in specified office groups;
   18         requiring the division to adopt specified rules by a
   19         certain date; requiring treasurers of specified
   20         entities to maintain valid contact information with
   21         the division for a specified timeframe; exempting
   22         aspects of the auditing process from the
   23         Administrative Procedure Act; amending s. 106.021,
   24         F.S.; conforming a cross-reference; reenacting and
   25         amending s. 106.07, F.S.; conforming a cross
   26         reference; reenacting ss. 106.11(5)(d) and 717.1235,
   27         F.S., relating to disposition of surplus funds for
   28         individuals who withdrew, became unopposed, or were
   29         eliminated as candidates and the disposition of funds
   30         in certain dormant campaign accounts, respectively, to
   31         incorporate the amendment made to s. 106.141, F.S., in
   32         references thereto; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Present subsections (2) through (11) of section
   37  106.141, Florida Statutes, are redesignated as subsections (3)
   38  through (12), respectively, a new subsection (2) is added to
   39  that section, and subsection (1), present subsection (5),
   40  paragraph (b) of present subsection (6), present subsection (7),
   41  paragraph (a) of present subsection (8), and present subsection
   42  (9) are amended, to read:
   43         106.141 Disposition of surplus funds by candidates.—
   44         (1) Except as provided in subsection (7) (6), each
   45  candidate who withdraws his or her candidacy, becomes an
   46  unopposed candidate, or is eliminated as a candidate or elected
   47  to office shall, within 90 days, dispose of the funds on deposit
   48  in his or her campaign account and file a report reflecting the
   49  disposition of all remaining funds. Such candidate may not
   50  accept any contributions, nor may any person accept
   51  contributions on behalf of such candidate, after the candidate
   52  withdraws his or her candidacy, becomes unopposed, or is
   53  eliminated or elected. However, if a candidate receives a refund
   54  check after all surplus funds have been disposed of, the check
   55  may be endorsed by the candidate and the refund disposed of
   56  under this section. An amended report must be filed showing the
   57  refund and subsequent disposition.
   58         (2) A candidate required to dispose of funds pursuant to
   59  this section may, before such disposition, request that the
   60  division audit the report required by subsection (1). The 90-day
   61  period to dispose of funds and file the report is tolled until
   62  10 business days after the division’s audit is final. The
   63  candidate may maintain the campaign account during such audit
   64  for the sole purpose of making expenditures to correct audit
   65  findings.
   66         (6)(5) A candidate elected to office or a candidate who
   67  will be elected to office by virtue of his or her being
   68  unopposed may, in addition to the disposition methods provided
   69  in subsection (5) (4), transfer from the campaign account to an
   70  office account any amount of the funds on deposit in such
   71  campaign account up to:
   72         (a) Fifty thousand dollars, for a candidate for statewide
   73  office. The Governor and Lieutenant Governor shall be considered
   74  separate candidates for the purpose of this section.
   75         (b) Ten thousand dollars, for a candidate for multicounty
   76  office.
   77         (c) Ten thousand dollars multiplied by the number of years
   78  in the term of office for which elected, for a candidate for
   79  legislative office.
   80         (d) Five thousand dollars multiplied by the number of years
   81  in the term of office for which elected, for a candidate for
   82  county office or for a candidate in any election conducted on
   83  less than a countywide basis.
   84         (e) Six thousand dollars, for a candidate for retention as
   85  a justice of the Supreme Court.
   86         (f) Three thousand dollars, for a candidate for retention
   87  as a judge of a district court of appeal.
   88         (g) Three thousand dollars, for a candidate for county
   89  court judge or circuit judge.
   90  
   91  The office account established pursuant to this subsection shall
   92  be separate from any personal or other account. Any funds so
   93  transferred by a candidate shall be used only for legitimate
   94  expenses in connection with the candidate’s public office. Such
   95  expenses may include travel expenses incurred by the officer or
   96  a staff member; personal taxes payable on office account funds
   97  by the candidate or elected public official; professional
   98  services provided by a certified public accountant or attorney
   99  for preparation of the elected public official’s financial
  100  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
  101  to prepare, print, produce, and mail holiday cards or
  102  newsletters about the elected public official’s public business
  103  to constituents if such correspondence does not constitute a
  104  political advertisement, independent expenditure, or
  105  electioneering communication as provided in s. 106.011; fees or
  106  dues to religious, civic, or charitable organizations of which
  107  the elected public official is a member; items of modest value
  108  such as flowers, greeting cards, or personal notes given as a
  109  substitute for, or in association with, an elected public
  110  official’s personal attendance at a constituent’s special event
  111  or family occasion, such as the birth of a child, graduation,
  112  wedding, or funeral; personal expenses incurred by the elected
  113  public official in connection with attending a constituent
  114  meeting or event where public policy is discussed, if such
  115  meetings or events are limited to no more than once a week; or
  116  expenses incurred in the operation of the elected public
  117  official’s office, including the employment of additional staff.
  118  The funds may be deposited in a savings account; however, all
  119  deposits, withdrawals, and interest earned thereon shall be
  120  reported at the appropriate reporting period. If a candidate is
  121  reelected to office or elected to another office and has funds
  122  remaining in his or her office account, he or she may transfer
  123  surplus campaign funds to the office account. At no time may the
  124  funds in the office account exceed the limitation imposed by
  125  this subsection. Upon leaving public office, any person who has
  126  funds in an office account pursuant to this subsection remaining
  127  on deposit shall use such funds to pay for professional services
  128  provided by a certified public accountant or attorney for
  129  preparation of the elected public official’s final financial
  130  disclosure filing pursuant to s. 112.3144 or s. 112.3145, or
  131  give such funds to a charitable organization that meets the
  132  requirements of s. 501(c)(3) of the Internal Revenue Code or, in
  133  the case of a state officer, to the state to be deposited in the
  134  General Revenue Fund or, in the case of an officer of a
  135  political subdivision, to the political subdivision to be
  136  deposited in the general fund thereof.
  137         (7)(6)
  138         (b) A candidate elected to state office or a candidate who
  139  will be elected to state office by virtue of his or her being
  140  unopposed after candidate qualifying ends, may retain up to
  141  $20,000 in his or her campaign account, or in an interest
  142  bearing account or certificate of deposit, for use in his or her
  143  next campaign for the same office, in addition to the
  144  disposition methods provided in subsections (5) (4) and (6) (5).
  145  All requirements applicable to candidate campaign accounts under
  146  this chapter, including disclosure requirements applicable to
  147  candidate campaign accounts, limitations on expenditures, and
  148  limitations on contributions, apply to any retained funds.
  149         (8)(7) Before disposing of funds pursuant to subsection (5)
  150  (4), transferring funds into an office account pursuant to
  151  subsection (6) (5), or retaining funds for reelection pursuant
  152  to subsection (7) (6), any candidate who filed an oath stating
  153  that he or she was unable to pay the fee for verification of
  154  petition signatures without imposing an undue burden on his or
  155  her personal resources or on resources otherwise available to
  156  him or her shall reimburse the state or local governmental
  157  entity, whichever is applicable, for such waived fee. If there
  158  are insufficient funds in the account to pay the full amount of
  159  the fee, the remaining funds shall be disbursed in the above
  160  manner until no funds remain. All funds disbursed pursuant to
  161  this subsection shall be remitted to the qualifying officer. Any
  162  reimbursement for petition verification costs which are
  163  reimbursable by the state shall be forwarded by the qualifying
  164  officer to the state for deposit in the General Revenue Fund.
  165         (9)(8)(a) Any candidate required to dispose of campaign
  166  funds pursuant to this section shall do so within the time
  167  required by this section and, on or before the date by which
  168  such disposition is to have been made, shall file with the
  169  officer with whom reports are required to be filed pursuant to
  170  s. 106.07 a form prescribed by the Division of Elections
  171  listing:
  172         1. The name and address of each person or unit of
  173  government to whom any of the funds were distributed and the
  174  amounts thereof;
  175         2. The name and address of each person to whom an
  176  expenditure was made, together with the amount thereof and
  177  purpose therefor;
  178         3. The amount of such funds transferred to an office
  179  account by the candidate, together with the name and address of
  180  the bank, savings and loan association, or credit union in which
  181  the office account is located; and
  182         4. The amount of such funds retained pursuant to subsection
  183  (7) (6), together with the name and address of the bank, savings
  184  and loan association, or credit union in which the retained
  185  funds are located.
  186  
  187  Such report shall be signed by the candidate and the campaign
  188  treasurer and certified as true and correct pursuant to s.
  189  106.07.
  190         (10)(9) Any candidate elected to office who transfers
  191  surplus campaign funds into an office account pursuant to
  192  subsection (6) (5) shall file a report on the 10th day following
  193  the end of each calendar quarter until the account is closed.
  194  Such reports shall contain the name and address of each person
  195  to whom any disbursement of funds was made, together with the
  196  amount thereof and the purpose therefor, and the name and
  197  address of any person from whom the elected candidate received
  198  any refund or reimbursement and the amount thereof. Such reports
  199  shall be on forms prescribed by the Division of Elections,
  200  signed by the elected candidate, certified as true and correct,
  201  and filed with the officer with whom campaign reports were filed
  202  pursuant to s. 106.07(2).
  203         Section 2. Subsections (6) and (10) of section 106.22,
  204  Florida Statutes, are amended to read:
  205         106.22 Duties of the Division of Elections.—It is the duty
  206  of the Division of Elections to:
  207         (6) Conduct Make, from time to time, audits and field
  208  investigations with respect to reports and statements filed
  209  under the provisions of this chapter and with respect to alleged
  210  failures to file any report or statement required under the
  211  provisions of this chapter. The division shall conduct a
  212  postelection audit of the campaign accounts of all candidates
  213  receiving contributions from the Election Campaign Financing
  214  Trust Fund.
  215         (10)(a) Conduct random audits of with respect to reports
  216  and statements filed under this chapter after each general
  217  election cycle and with respect to alleged failure to file any
  218  reports and statements required under this chapter. The audits
  219  must be of a random sample of 3 percent of:
  220         1.All qualified candidates in each of the following office
  221  groups:
  222         a.State.
  223         b.Judicial.
  224         c.Multicounty.
  225         d.Special district.
  226         2.All political committees.
  227         3.All electioneering communication organizations.
  228         (b)The division shall adopt rules governing the sample
  229  selection process by October 1, 2024.
  230         (c)The treasurer of each candidate, political committee,
  231  or electioneering communication organization shall maintain
  232  valid contact information with the division until the division
  233  determines that the candidate, political committee, or
  234  electioneering communication organization has not been selected
  235  for an audit, or, if selected, until completion of the audit.
  236         (d)The selection of a candidate, political committee, or
  237  electioneering communication organization for audit and the
  238  process by which the candidate, political committee, or
  239  electioneering communication organization was selected are
  240  exempt from chapter 120.
  241         Section 3. Paragraph (a) of subsection (1) of section
  242  106.021, Florida Statutes, is amended to read:
  243         106.021 Campaign treasurers; deputies; primary and
  244  secondary depositories.—
  245         (1)(a) Each candidate for nomination or election to office
  246  and each political committee shall appoint a campaign treasurer.
  247  Each person who seeks to qualify for nomination or election to,
  248  or retention in, office shall appoint a campaign treasurer and
  249  designate a primary campaign depository before qualifying for
  250  office. Any person who seeks to qualify for election or
  251  nomination to any office by means of the petitioning process
  252  shall appoint a treasurer and designate a primary depository on
  253  or before the date he or she obtains the petitions. At the same
  254  time a candidate designates a campaign depository and appoints a
  255  treasurer, the candidate shall also designate the office for
  256  which he or she is a candidate. If the candidate is running for
  257  an office that will be grouped on the ballot with two or more
  258  similar offices to be filled at the same election, the candidate
  259  must indicate for which group or district office he or she is
  260  running. This subsection does not prohibit a candidate, at a
  261  later date, from changing the designation of the office for
  262  which he or she is a candidate. However, if a candidate changes
  263  the designated office for which he or she is a candidate, the
  264  candidate must notify all contributors in writing of the intent
  265  to seek a different office and offer to return pro rata, upon
  266  their request, those contributions given in support of the
  267  original office sought. This notification shall be given within
  268  15 days after the filing of the change of designation and shall
  269  include a standard form developed by the Division of Elections
  270  for requesting the return of contributions. The notice
  271  requirement does not apply to any change in a numerical
  272  designation resulting solely from redistricting. If, within 30
  273  days after being notified by the candidate of the intent to seek
  274  a different office, the contributor notifies the candidate in
  275  writing that the contributor wishes his or her contribution to
  276  be returned, the candidate shall return the contribution, on a
  277  pro rata basis, calculated as of the date the change of
  278  designation is filed. Up to a maximum of the contribution limits
  279  specified in s. 106.08, a candidate who runs for an office other
  280  than the office originally designated may use any contribution
  281  that a donor does not request be returned within the 30-day
  282  period for the newly designated office, provided the candidate
  283  disposes of any amount exceeding the contribution limit pursuant
  284  to the options in s. 106.11(5)(b) and (c) or s. 106.141(5)(a)1.,
  285  2., or 4. s. 106.141(4)(a)1., 2., or 4.; notwithstanding, the
  286  full amount of the contribution for the original office shall
  287  count toward the contribution limits specified in s. 106.08 for
  288  the newly designated office. A person may not accept any
  289  contribution or make any expenditure with a view to bringing
  290  about his or her nomination, election, or retention in public
  291  office, or authorize another to accept such contributions or
  292  make such expenditure on the person’s behalf, unless such person
  293  has appointed a campaign treasurer and designated a primary
  294  campaign depository. A candidate for an office voted upon
  295  statewide may appoint not more than 15 deputy campaign
  296  treasurers, and any other candidate or political committee may
  297  appoint not more than 3 deputy campaign treasurers. The names
  298  and addresses of the campaign treasurer and deputy campaign
  299  treasurers so appointed shall be filed with the officer before
  300  whom such candidate is required to qualify or with whom such
  301  political committee is required to register pursuant to s.
  302  106.03.
  303         Section 4. Paragraph (b) of subsection (8) of section
  304  106.07, Florida Statutes, is amended, and paragraph (c) of
  305  subsection (1) of that section is reenacted, to read:
  306         106.07 Reports; certification and filing.—
  307         (1) Each campaign treasurer designated by a candidate or
  308  political committee pursuant to s. 106.021 shall file regular
  309  reports of all contributions received, and all expenditures
  310  made, by or on behalf of such candidate or political committee.
  311  Except for the third calendar quarter immediately preceding a
  312  general election, reports must be filed on the 10th day
  313  following the end of each calendar quarter from the time the
  314  campaign treasurer is appointed, except that, if the 10th day
  315  following the end of a calendar quarter occurs on a Saturday,
  316  Sunday, or legal holiday, the report must be filed on the next
  317  following day that is not a Saturday, Sunday, or legal holiday.
  318  Quarterly reports must include all contributions received and
  319  expenditures made during the calendar quarter which have not
  320  otherwise been reported pursuant to this section.
  321         (c) Following the last day of qualifying for office, any
  322  unopposed candidate need only file a report within 90 days after
  323  the date such candidate became unopposed. Such report shall
  324  contain all previously unreported contributions and expenditures
  325  as required by this section and shall reflect disposition of
  326  funds as required by s. 106.141.
  327         (8)
  328         (b) Upon determining that a report is late, the filing
  329  officer shall immediately notify the candidate or chair of the
  330  political committee as to the failure to file a report by the
  331  designated due date and that a fine is being assessed for each
  332  late day. The fine is $50 per day for the first 3 days late and,
  333  thereafter, $500 per day for each late day, not to exceed 25
  334  percent of the total receipts or expenditures, whichever is
  335  greater, for the period covered by the late report. However, for
  336  the reports immediately preceding each special primary election,
  337  special election, primary election, and general election, the
  338  fine is $500 per day for each late day, not to exceed 25 percent
  339  of the total receipts or expenditures, whichever is greater, for
  340  the period covered by the late report. For reports required
  341  under s. 106.141(9) s. 106.141(8), the fine is $50 per day for
  342  each late day, not to exceed 25 percent of the total receipts or
  343  expenditures, whichever is greater, for the period covered by
  344  the late report. Upon receipt of the report, the filing officer
  345  shall determine the amount of the fine which is due and shall
  346  notify the candidate or chair or registered agent of the
  347  political committee. The filing officer shall determine the
  348  amount of the fine due based upon the earliest of the following:
  349         1. When the report is actually received by such officer.
  350         2. When the report is postmarked.
  351         3. When the certificate of mailing is dated.
  352         4. When the receipt from an established courier company is
  353  dated.
  354         5. When the electronic receipt issued pursuant to s.
  355  106.0705 or other electronic filing system authorized in this
  356  section is dated.
  357  
  358  Such fine shall be paid to the filing officer within 20 days
  359  after receipt of the notice of payment due, unless appeal is
  360  made to the Florida Elections Commission pursuant to paragraph
  361  (c). Notice is deemed complete upon proof of delivery of written
  362  notice to the mailing or street address on record with the
  363  filing officer. In the case of a candidate, such fine is not an
  364  allowable campaign expenditure and shall be paid only from
  365  personal funds of the candidate. An officer or member of a
  366  political committee is not personally liable for such fine.
  367         Section 5. For the purpose of incorporating the amendment
  368  made by this act to section 106.141, Florida Statutes, in a
  369  reference thereto, paragraph (d) of subsection (5) of section
  370  106.11, Florida Statutes, is reenacted to read:
  371         106.11 Expenses of and expenditures by candidates and
  372  political committees.—Each candidate and each political
  373  committee which designates a primary campaign depository
  374  pursuant to s. 106.021(1) shall make expenditures from funds on
  375  deposit in such primary campaign depository only in the
  376  following manner, with the exception of expenditures made from
  377  petty cash funds provided by s. 106.12:
  378         (5) A candidate who withdraws his or her candidacy, becomes
  379  an unopposed candidate, or is eliminated as a candidate or
  380  elected to office may expend funds from the campaign account to:
  381         (d) Dispose of surplus funds as provided in s. 106.141.
  382         Section 6. For the purpose of incorporating the amendment
  383  made by this act to section 106.141, Florida Statutes, in a
  384  reference thereto, section 717.1235, Florida Statutes, is
  385  reenacted to read:
  386         717.1235 Dormant campaign accounts; report of unclaimed
  387  property.—Unclaimed funds reported in the name of a campaign for
  388  public office, for any campaign that must dispose of surplus
  389  funds in its campaign account pursuant to s. 106.141, after
  390  being reported to the department, shall be deposited with the
  391  Chief Financial Officer to the credit of the State School Fund.
  392         Section 7. This act shall take effect upon becoming a law.