Bill Text: FL H0869 | 2010 | Regular Session | Engrossed

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Bill Title: Campaign Financing [GPSC]

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Engrossed - Dead) 2010-04-30 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) [H0869 Detail]

Download: Florida-2010-H0869-Engrossed.html

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CS/CS/HB 869

1	A bill to be entitled
2	An act relating to campaign financing; providing a short
3	title; amending s. 106.143, F.S.; providing an alternative
4	statement that may be used to identify a candidate as the
5	sponsor of a political advertisement under certain
6	circumstances; providing circumstances under which certain
7	campaign messages and political advertisements are not
8	required to state or display specific information
9	regarding the identity of the candidate, his or her party
10	affiliation, and the office sought in the message or
11	advertisement; authorizing a candidate or political
12	committee to place a statement on a social networking
13	website or account indicating that the site or account is
14	an official site or account approved by the candidate or
15	political committee; prohibiting an official designation
16	without the prior approval by the candidate or political
17	committee; amending s. 106.011, F.S.; revising the
18	definition of the term "political committee" to remove
19	certain reporting requirements included in the exclusion
20	of electioneering communications organizations from the
21	definition; revising the definition of the term "filing
22	officer" to expand applicability to electioneering
23	communications organizations; revising the definition of
24	the term "electioneering communication" to conform to
25	certain federal requirements and to delineate what
26	constitutes such a communication; revising the definition
27	of the term "electioneering communications organization";
28	amending s. 106.03, F.S.; revising the registration
29	requirements for electioneering communications
30	organizations; revising the statement of organization
31	requirements; revising rule adoption requirements relating
32	to dissolution of political committees and electioneering
33	communications organizations; amending s. 106.0703, F.S.;
34	consolidating reporting requirements in ch. 106, F.S.,
35	applicable to electioneering communications organizations;
36	providing penalties; conforming provisions; prohibiting
37	the use of credit cards by electioneering communications
38	organizations; amending s. 106.0705, F.S., relating to
39	electronic filing of campaign treasurer's reports;
40	conforming provisions; amending s. 106.071, F.S.;
41	increasing the aggregate amount of expenditures required
42	for filing certain reports related to independent
43	expenditures or electioneering communications; amending s.
44	106.08, F.S.; removing certain limitations on
45	contributions received by an electioneering communications
46	organization; amending s. 106.1439, F.S.; providing
47	identification requirements for certain electioneering
48	communications; providing an exception for telephone
49	calls; amending s. 106.147, F.S., relating to telephone
50	solicitation disclosure requirements; removing
51	requirements relating to electioneering communication, to
52	conform; reenacting ss. 106.011(1)(b), (3), (4), (18), and
53	(19), 106.022(1), 106.03(1)(b), 106.04(5), 106.0703,
54	106.0705(2)(b), 106.071(1), 106.08(7), 106.1437, 106.1439,
55	and 106.17, F.S., relating to definitions, registered
56	office and agent requirements, registration requirements,
57	prohibited activities for committees of continuous
58	existence, additional reporting requirements, electronic
59	filing requirements, expenditure reports, penalties for
60	violations pertaining to limitations on contributions,
61	miscellaneous advertisements, electioneering
62	communications disclaimers and penalties for failure to
63	include disclaimers, and polls and surveys pertaining to
64	candidacies, to cure and conform; providing an effective
65	date.
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1. Section 2 of this act may be cited as the
70	"Technology in Elections Act."
71	Section 2. Subsection (1) of section 106.143, Florida
72	Statutes, is amended, present subsection (8) of that section is
73	renumbered as subsection (9), and a new subsection (8) is added
74	to that section, to read:
75	106.143 Political advertisements circulated prior to
76	election; requirements.-
77	(1)(a) Any political advertisement that is paid for by a
78	candidate and that is published, displayed, or circulated prior
79	to, or on the day of, any election must prominently state:
80	1. "Political advertisement paid for and approved by
81	...(name of candidate)..., ...(party affiliation)..., for
82	...(office sought)...."; or
83	2. "Paid by ...(name of candidate)..., ...(party
84	affiliation)..., for ...(office sought)...."
85	(b) Any other political advertisement published,
86	displayed, or circulated prior to, or on the day of, any
87	election must prominently:
88	1. Be marked "paid political advertisement" or with the
89	abbreviation "pd. pol. adv."
90	2. State the name and address of the persons sponsoring
91	the advertisement.
92	3.a.(I) State whether the advertisement and the cost of
93	production is paid for or provided in kind by or at the expense
94	of the entity publishing, displaying, broadcasting, or
95	circulating the political advertisement; or
96	(II) State who provided or paid for the advertisement and
97	cost of production, if different from the source of sponsorship.
98	b. This subparagraph does not apply if the source of the
99	sponsorship is patently clear from the content or format of the
100	political advertisement.
101	(c) Any political advertisement made pursuant to s.
102	106.021(3)(d) must be marked "paid political advertisement" or
103	with the abbreviation "pd. pol. adv." and must prominently
104	state, "Paid for and sponsored by ...(name of person paying for
105	political advertisement).... Approved by ...(names of persons,
106	party affiliation, and offices sought in the political
107	advertisement)...."
108
109	This subsection does not apply to campaign messages used by a
110	candidate and the candidate's supporters if those messages are
111	designed to be worn by a person.
112	(8) This section does not apply to any campaign message or
113	political advertisement used by a candidate and the candidate's
114	supporters or by a political committee if the message or
115	advertisement is:
116	(a) Designed to be worn by a person.
117	(b) Placed as a paid link on an Internet website, provided
118	the message or advertisement is no more than 200 characters in
119	length and the link directs the user to another Internet website
120	that complies with subsection (1).
121	(c) Placed as a graphic or picture link where compliance
122	with the requirements of this section is not reasonably
123	practical due to the size of the graphic or picture link and the
124	link directs the user to another Internet website that complies
125	with subsection (1).
126	(d) Placed at no cost on an Internet website for which
127	there is no cost to post content for public users.
128	(e) Placed or distributed on an unpaid profile or account
129	which is available to the public without charge or on a social
130	networking Internet website, as long as the source of the
131	message or advertisement is patently clear from the content or
132	format of the message or advertisement. A candidate or political
133	committee may prominently display a statement indicating that
134	the website or account is an official website or account of the
135	candidate or political committee and is approved by the
136	candidate or political committee. A website or account may not
137	be marked as official without prior approval by the candidate or
138	political committee.
139	(f) Distributed as a text message or other message via
140	Short Message Service, provided the message is no more than 200
141	characters in length or requires the recipient to sign up or opt
142	in to receive it.
143	(g) Connected with or included in any software application
144	or accompanying function, provided that the user signs up, opts
145	in, downloads, or otherwise accesses the application from or
146	through a website that complies with subsection (1).
147	(h) Sent by a third-party user from or through a campaign
148	or committee's website, provided the website complies with
149	subsection (1).
150	(i) Contained in or distributed through any other
151	technology-related item, service, or device for which compliance
152	with subsection (1) is not reasonably practical due to the size
153	or nature of such item, service, or device as available, or the
154	means of displaying the message or advertisement makes
155	compliance with subsection (1) impracticable.
156	(9)(8) Any person who willfully violates any provision of
157	this section is subject to the civil penalties prescribed in s.
158	106.265.
159	Section 3. Paragraph (b) of subsection (1) of section
160	106.011, Florida Statutes, is reenacted and amended, subsections
161	(3) and (4) of that section are reenacted, subsection (14) of
162	that section is amended, and subsections (18) and (19) of that
163	section are reenacted and amended, to read:
164	106.011 Definitions.-As used in this chapter, the
165	following terms have the following meanings unless the context
166	clearly indicates otherwise:
167	(1)
168	(b) Notwithstanding paragraph (a), the following entities
169	are not considered political committees for purposes of this
170	chapter:
171	1. Organizations which are certified by the Department of
172	State as committees of continuous existence pursuant to s.
173	106.04, national political parties, and the state and county
174	executive committees of political parties regulated by chapter
175	103.
176	2. Corporations regulated by chapter 607 or chapter 617 or
177	other business entities formed for purposes other than to
178	support or oppose issues or candidates, if their political
179	activities are limited to contributions to candidates, political
180	parties, or political committees or expenditures in support of
181	or opposition to an issue from corporate or business funds and
182	if no contributions are received by such corporations or
183	business entities.
184	3. Electioneering communications organizations as defined
185	in subsection (19); however, such organizations shall be
186	required to register with and report expenditures and
187	contributions, including contributions received from committees
188	of continuous existence, to the Division of Elections in the
189	same manner, at the same time, and subject to the same penalties
190	as a political committee supporting or opposing an issue or a
191	legislative candidate, except as otherwise specifically provided
192	in this chapter.
193	(3) "Contribution" means:
194	(a) A gift, subscription, conveyance, deposit, loan,
195	payment, or distribution of money or anything of value,
196	including contributions in kind having an attributable monetary
197	value in any form, made for the purpose of influencing the
198	results of an election or making an electioneering
199	communication.
200	(b) A transfer of funds between political committees,
201	between committees of continuous existence, between
202	electioneering communications organizations, or between any
203	combination of these groups.
204	(c) The payment, by any person other than a candidate or
205	political committee, of compensation for the personal services
206	of another person which are rendered to a candidate or political
207	committee without charge to the candidate or committee for such
208	services.
209	(d) The transfer of funds by a campaign treasurer or
210	deputy campaign treasurer between a primary depository and a
211	separate interest-bearing account or certificate of deposit, and
212	the term includes any interest earned on such account or
213	certificate.
214
215	Notwithstanding the foregoing meanings of "contribution," the
216	word shall not be construed to include services, including, but
217	not limited to, legal and accounting services, provided without
218	compensation by individuals volunteering a portion or all of
219	their time on behalf of a candidate or political committee. This
220	definition shall not be construed to include editorial
221	endorsements.
222	(4)(a) "Expenditure" means a purchase, payment,
223	distribution, loan, advance, transfer of funds by a campaign
224	treasurer or deputy campaign treasurer between a primary
225	depository and a separate interest-bearing account or
226	certificate of deposit, or gift of money or anything of value
227	made for the purpose of influencing the results of an election
228	or making an electioneering communication. However,
229	"expenditure" does not include a purchase, payment,
230	distribution, loan, advance, or gift of money or anything of
231	value made for the purpose of influencing the results of an
232	election when made by an organization, in existence prior to the
233	time during which a candidate qualifies or an issue is placed on
234	the ballot for that election, for the purpose of printing or
235	distributing such organization's newsletter, containing a
236	statement by such organization in support of or opposition to a
237	candidate or issue, which newsletter is distributed only to
238	members of such organization.
239	(b) As used in this chapter, an "expenditure" for an
240	electioneering communication is made when the earliest of the
241	following occurs:
242	1. A person enters into a contract for applicable goods or
243	services;
244	2. A person makes payment, in whole or in part, for the
245	production or public dissemination of applicable goods or
246	services; or
247	3. The electioneering communication is publicly
248	disseminated.
249	(14) "Filing officer" means the person before whom a
250	candidate qualifies, the agency or officer with whom a political
251	committee or an electioneering communications organization
252	registers, or the agency by whom a committee of continuous
253	existence is certified.
254	(18)(a) "Electioneering communication" means any
255	communication publicly distributed by a television station,
256	radio station, cable television system, satellite system,
257	newspaper, magazine, direct mail, or telephone a paid expression
258	in any communications media prescribed in subsection (13) by
259	means other than the spoken word in direct conversation that:
260	1. Refers to or depicts a clearly identified candidate for
261	office or contains a clear reference indicating that an issue is
262	to be voted on at an election, without expressly advocating the
263	election or defeat of a candidate but that is susceptible of no
264	reasonable interpretation other than an appeal to vote for or
265	against a specific candidate; or the passage or defeat of an
266	issue.
267	2. Is made within 30 days before a primary or special
268	primary election or 60 days before any other election for the
269	office sought by the candidate; and
270	3. Is For communications referring to or depicting a
271	clearly identified candidate for office, is targeted to the
272	relevant electorate. A communication is considered targeted if
273	1,000 or more persons in the geographic area the candidate would
274	represent if elected will receive the communication.
275	3. For communications containing a clear reference
276	indicating that an issue is to be voted on at an election, is
277	published after the issue is designated a ballot position or 120
278	days before the date of the election on the issue, whichever
279	occurs first.
280	(b) The term "electioneering communication" does not
281	include:
282	1. A communication disseminated through a means of
283	communication other than a television station, radio station,
284	cable television system, satellite system, newspaper, magazine,
285	direct mail, telephone, or statement or depiction by an
286	organization, in existence prior to the time during which a
287	candidate named or depicted qualifies or an issue identified is
288	placed on the ballot for that election, made in that
289	organization's newsletter, which newsletter is distributed only
290	to members of that organization.
291	2. A communication in a news story, commentary, or
292	editorial distributed through the facilities of any radio
293	station, television station, cable television system, or
294	satellite system, unless the facilities are owned or controlled
295	by any political party, political committee, or candidate. A
296	news story distributed through the facilities owned or
297	controlled by any political party, political committee, or
298	candidate may nevertheless be exempt if it represents a bona
299	fide news account communicated through a licensed broadcasting
300	facility and the communication is part of a general pattern of
301	campaign-related news accounts that give reasonably equal
302	coverage to all opposing candidates in the area An editorial
303	endorsement, news story, commentary, or editorial by any
304	newspaper, radio, television station, or other recognized news
305	medium.
306	3. A communication that constitutes a public debate or
307	forum that includes at least two opposing candidates for an
308	office or one advocate and one opponent of an issue, or that
309	solely promotes such a debate or forum and is made by or on
310	behalf of the person sponsoring the debate or forum, provided
311	that:
312	a. The staging organization is either:
313	(I) A charitable organization that does not make other
314	electioneering communications and does not otherwise support or
315	oppose any political candidate or political party; or
316	(II) A newspaper, radio station, television station, or
317	other recognized news medium; and
318	b. The staging organization does not structure the debate
319	to promote or advance one candidate or issue position over
320	another.
321	(c) For purposes of this chapter, an expenditure made for,
322	or in furtherance of, an electioneering communication shall not
323	be considered a contribution to or on behalf of any candidate.
324	(d) For purposes of this chapter, an electioneering
325	communication shall not constitute an independent expenditure
326	nor be subject to the limitations applicable to independent
327	expenditures.
328	(19) "Electioneering communications organization" means
329	any group, other than a political party, political committee, or
330	committee of continuous existence, whose election-related
331	activities are limited to making expenditures for electioneering
332	communications or accepting contributions for the purpose of
333	making electioneering communications and whose activities would
334	not otherwise require the group to register as a political
335	party, political committee, or committee of continuous existence
336	under this chapter.
337	Section 4. Subsection (1) of section 106.022, Florida
338	Statutes, is reenacted to read:
339	106.022 Appointment of a registered agent; duties.-
340	(1) Each political committee, committee of continuous
341	existence, or electioneering communications organization shall
342	have and continuously maintain in this state a registered office
343	and a registered agent and must file with the division a
344	statement of appointment for the registered office and
345	registered agent. The statement of appointment must:
346	(a) Provide the name of the registered agent and the
347	street address and phone number for the registered office;
348	(b) Identify the entity for whom the registered agent
349	serves;
350	(c) Designate the address the registered agent wishes to
351	use to receive mail;
352	(d) Include the entity's undertaking to inform the
353	division of any change in such designated address;
354	(e) Provide for the registered agent's acceptance of the
355	appointment, which must confirm that the registered agent is
356	familiar with and accepts the obligations of the position as set
357	forth in this section; and
358	(f) Contain the signature of the registered agent and the
359	entity engaging the registered agent.
360	Section 5. Paragraph (b) of subsection (1) of section
361	106.03, Florida Statutes, is reenacted and amended, and
362	subsections (2), (4), and (7) of that section are amended, to
363	read:
364	106.03 Registration of political committees and
365	electioneering communications organizations.-
366	(1)
367	(b)1. Each electioneering communications organization that
368	receives anticipates receiving contributions or makes making
369	expenditures during a calendar year in an aggregate amount
370	exceeding $5,000 shall file a statement of organization as
371	provided in subparagraph 2. subsection (3) by expedited delivery
372	within 24 hours after its organization or, if later, within 24
373	hours after the date on which it receives has information that
374	causes the organization to anticipate that it will receive
375	contributions or makes make expenditures for an electioneering
376	communication in excess of $5,000.
377	2.a. In a statewide, legislative, or multicounty election,
378	an electioneering communications organization shall file a
379	statement of organization with the Division of Elections.
380	b. In a countywide election or any election held on less
381	than a countywide basis, except as described in sub-subparagraph
382	c., an electioneering communications organization shall file a
383	statement of organization with the supervisor of elections of
384	the county in which the election is being held.
385	c. In a municipal election, an electioneering
386	communications organization shall file a statement of
387	organization with the officer before whom municipal candidates
388	qualify.
389	d. Any electioneering communications organization that
390	would be required to file a statement of organization in two or
391	more locations by reason of the organization's intention to
392	support or oppose candidates at state or multicounty and local
393	levels of government need only file a statement of organization
394	with the Division of Elections.
395	(2) The statement of organization shall include:
396	(a) The name, mailing address, and street address of the
397	committee or electioneering communications organization;
398	(b) The names, street addresses, and relationships of
399	affiliated or connected organizations;
400	(c) The area, scope, or jurisdiction of the committee or
401	electioneering communications organization;
402	(d) The name, mailing address, street address, and
403	position of the custodian of books and accounts;
404	(e) The name, mailing address, street address, and
405	position of other principal officers, including the treasurer
406	and deputy treasurer including officers and members of the
407	finance committee, if any;
408	(f) The name, address, office sought, and party
409	affiliation of:
410	1. Each candidate whom the committee is supporting;
411	2. Any other individual, if any, whom the committee is
412	supporting for nomination for election, or election, to any
413	public office whatever;
414	(g) Any issue or issues the committee such organization is
415	supporting or opposing;
416	(h) If the committee is supporting the entire ticket of
417	any party, a statement to that effect and the name of the party;
418	(i) A statement of whether the committee is a continuing
419	one;
420	(j) Plans for the disposition of residual funds which will
421	be made in the event of dissolution;
422	(k) A listing of all banks, safe-deposit boxes, or other
423	depositories used for committee or electioneering communications
424	organization funds; and
425	(l) A statement of the reports required to be filed by the
426	committee or the electioneering communications organization with
427	federal officials, if any, and the names, addresses, and
428	positions of such officials; and
429	(m) A statement of whether the electioneering
430	communications organization was formed as a newly created
431	organization during the current calendar quarter or was formed
432	from an organization existing prior to the current calendar
433	quarter. For purposes of this subsection, calendar quarters end
434	the last day of March, June, September, and December.
435	(4) Any change in information previously submitted in a
436	statement of organization shall be reported to the agency or
437	officer with whom such committee or electioneering
438	communications organization is required to register pursuant to
439	subsection (3), within 10 days following the change.
440	(7) The Division of Elections shall adopt promulgate rules
441	to prescribe the manner in which inactive committees and
442	electioneering communications organizations may be dissolved and
443	have their registration canceled. Such rules shall, at a
444	minimum, provide for:
445	(a) Notice which shall contain the facts and conduct which
446	warrant the intended action, including but not limited to
447	failure to file reports and limited activity.
448	(b) Adequate opportunity to respond.
449	(c) Appeal of the decision to the Florida Elections
450	Commission. Such appeals shall be exempt from the
451	confidentiality provisions of s. 106.25.
452	Section 6. Subsection (5) of section 106.04, Florida
453	Statutes, is reenacted to read:
454	106.04 Committees of continuous existence.-
455	(5) No committee of continuous existence shall make an
456	electioneering communication, contribute to any candidate or
457	political committee an amount in excess of the limits contained
458	in s. 106.08(1), or participate in any activity which is
459	prohibited by this chapter. If any violation occurs, it shall be
460	punishable as provided in this chapter for the given offense. No
461	funds of a committee of continuous existence shall be expended
462	on behalf of a candidate, except by means of a contribution made
463	through the duly appointed campaign treasurer of a candidate. No
464	such committee shall make expenditures in support of, or in
465	opposition to, an issue unless such committee first registers as
466	a political committee pursuant to this chapter and undertakes
467	all the practices and procedures required thereof; provided such
468	committee may make contributions in a total amount not to exceed
469	25 percent of its aggregate income, as reflected in the annual
470	report filed for the previous year, to one or more political
471	committees registered pursuant to s. 106.03 and formed to
472	support or oppose issues.
473	Section 7. Section 106.0703, Florida Statutes, is
474	reenacted and amended to read:
475	106.0703 Electioneering communications organizations;
476	additional reporting requirements; certification and filing;
477	penalties.-
478	(1)(a) Each electioneering communications organization
479	shall file regular reports of all contributions received and all
480	expenditures made by or on behalf of the organization. Reports
481	shall be filed on the 10th day following the end of each
482	calendar quarter from the time the organization is registered.
483	However, if the 10th day following the end of a calendar quarter
484	occurs on a Saturday, Sunday, or legal holiday, the report shall
485	be filed on the next following day that is not a Saturday,
486	Sunday, or legal holiday. Quarterly reports shall include all
487	contributions received and expenditures made during the calendar
488	quarter that have not otherwise been reported pursuant to this
489	section.
490	(b) Following the last day of candidates qualifying for
491	office, the reports shall be filed on the 32nd, 18th, and 4th
492	days immediately preceding the primary election and on the 46th,
493	32nd, 18th, and 4th days immediately preceding the general
494	election.
495	(c) When a special election is called to fill a vacancy in
496	office, all electioneering communications organizations making
497	contributions or expenditures to influence the results of the
498	special election shall file reports with the filing officer on
499	the dates set by the Department of State pursuant to s. 100.111.
500	(d) In addition to the reports required by paragraph (a),
501	an electioneering communications organization that is registered
502	with the Department of State and that makes a contribution or
503	expenditure to influence the results of a county or municipal
504	election that is not being held at the same time as a state or
505	federal election must file reports with the county or municipal
506	filing officer on the same dates as county or municipal
507	candidates or committees for that election. The electioneering
508	communications organization must also include the expenditure in
509	the next report filed with the Division of Elections pursuant to
510	this section following the county or municipal election.
511	(e) The filing officer shall make available to each
512	electioneering communications organization a schedule
513	designating the beginning and end of reporting periods as well
514	as the corresponding designated due dates.
515	(2)(a) Except as provided in s. 106.0705, the reports
516	required of an electioneering communications organization shall
517	be filed with the filing officer not later than 5 p.m. of the
518	day designated. However, any report postmarked by the United
519	States Postal Service no later than midnight of the day
520	designated shall be deemed to have been filed in a timely
521	manner. Any report received by the filing officer within 5 days
522	after the designated due date that was delivered by the United
523	States Postal Service shall be deemed timely filed unless it has
524	a postmark that indicates that the report was mailed after the
525	designated due date. A certificate of mailing obtained from and
526	dated by the United States Postal Service at the time of
527	mailing, or a receipt from an established courier company, which
528	bears a date on or before the date on which the report is due,
529	shall be proof of mailing in a timely manner. Reports shall
530	contain information of all previously unreported contributions
531	received and expenditures made as of the preceding Friday,
532	except that the report filed on the Friday immediately preceding
533	the election shall contain information of all previously
534	unreported contributions received and expenditures made as of
535	the day preceding the designated due date. All such reports
536	shall be open to public inspection.
537	(b)1. Any report that is deemed to be incomplete by the
538	officer with whom the electioneering communications organization
539	files shall be accepted on a conditional basis. The treasurer of
540	the electioneering communications organization shall be
541	notified, by certified mail or other common carrier that can
542	establish proof of delivery for the notice, as to why the report
543	is incomplete. Within 7 days after receipt of such notice, the
544	treasurer must file an addendum to the report providing all
545	information necessary to complete the report in compliance with
546	this section. Failure to file a complete report after such
547	notice constitutes a violation of this chapter.
548	2. Notice is deemed sufficient upon proof of delivery of
549	written notice to the mailing or street address of the treasurer
550	or registered agent of the electioneering communication
551	organization on record with the filing officer.
552	(3)(a) Each report required by this section must contain:
553	1. The full name, address, and occupation, if any, of each
554	person who has made one or more contributions to or for such
555	electioneering communications organization within the reporting
556	period, together with the amount and date of such contributions.
557	For corporations, the report must provide as clear a description
558	as practicable of the principal type of business conducted by
559	the corporation. However, if the contribution is $100 or less,
560	the occupation of the contributor or the principal type of
561	business need not be listed.
562	2. The name and address of each political committee from
563	which or to which the reporting electioneering communications
564	organization made any transfer of funds, together with the
565	amounts and dates of all transfers.
566	3. Each loan for electioneering communication purposes to
567	or from any person or political committee within the reporting
568	period, together with the full names, addresses, and occupations
569	and principal places of business, if any, of the lender and
570	endorsers, if any, and the date and amount of such loans.
571	4. A statement of each contribution, rebate, refund, or
572	other receipt not otherwise listed under subparagraphs 1.-3.
573	5. The total sums of all loans, in-kind contributions, and
574	other receipts by or for such electioneering communications
575	organization during the reporting period. The reporting forms
576	shall be designed to elicit separate totals for in-kind
577	contributions, loans, and other receipts.
578	6. The full name and address of each person to whom
579	expenditures have been made by or on behalf of the
580	electioneering communications organization within the reporting
581	period and the amount, date, and purpose of each expenditure.
582	7. The full name and address of each person to whom an
583	expenditure for personal services, salary, or reimbursement for
584	expenses has been made and that is not otherwise reported,
585	including the amount, date, and purpose of the expenditure.
586	8. The total sum of expenditures made by the
587	electioneering communications organization during the reporting
588	period.
589	9. The amount and nature of debts and obligations owed by
590	or to the electioneering communications organization that relate
591	to the conduct of any electioneering communication.
592	10. The amount and nature of any separate interest-bearing
593	accounts or certificates of deposit and identification of the
594	financial institution in which such accounts or certificates of
595	deposit are located.
596	11. The primary purposes of an expenditure made indirectly
597	through an electioneering communications organization for goods
598	and services, such as communications media placement or
599	procurement services and other expenditures that include
600	multiple components as part of the expenditure. The primary
601	purpose of an expenditure shall be that purpose, including
602	integral and directly related components, that comprises 80
603	percent of such expenditure.
604	(b) The filing officer shall make available to any
605	electioneering communications organization a reporting form
606	which the electioneering communications organization may use to
607	indicate contributions received by the electioneering
608	communications organization but returned to the contributor
609	before deposit.
610	(4) The treasurer of the electioneering communications
611	organization shall certify as to the correctness of each report,
612	and each person so certifying shall bear the responsibility for
613	the accuracy and veracity of each report. Any treasurer who
614	willfully certifies the correctness of any report while knowing
615	that such report is incorrect, false, or incomplete commits a
616	misdemeanor of the first degree, punishable as provided in s.
617	775.082 or s. 775.083.
618	(5) The electioneering communications organization
619	depository shall provide statements reflecting deposits and
620	expenditures from the account to the treasurer, who shall retain
621	the records pursuant to s. 106.06. The records maintained by the
622	depository with respect to the account shall be subject to
623	inspection by an agent of the Division of Elections or the
624	Florida Elections Commission at any time during normal banking
625	hours, and such depository shall furnish certified copies of any
626	such records to the Division of Elections or the Florida
627	Elections Commission upon request.
628	(6) Notwithstanding any other provisions of this chapter,
629	in any reporting period during which an electioneering
630	communications organization has not received funds, made any
631	contributions, or expended any reportable funds, the treasurer
632	shall file a written report with the filing officer by the
633	prescribed reporting date that no reportable contributions or
634	expenditures were made during the reporting period.
635	(7)(a) Any electioneering communications organization
636	failing to file a report on the designated due date shall be
637	subject to a fine as provided in paragraph (b) for each late
638	day. The fine shall be assessed by the filing officer and the
639	moneys collected shall be deposited:
640	1. In the General Revenue Fund, in the case of an
641	electioneering communications organization that registers with
642	the Division of Elections; or
643	2. In the general revenue fund of the political
644	subdivision, in the case of an electioneering communications
645	organization that registers with an officer of a political
646	subdivision.
647
648	No separate fine shall be assessed for failure to file a copy of
649	any report required by this section.
650	(b) Upon determining that a report is late, the filing
651	officer shall immediately notify the electioneering
652	communications organization as to the failure to file a report
653	by the designated due date and that a fine is being assessed for
654	each late day. The fine shall be $50 per day for the first 3
655	days late and, thereafter, $500 per day for each late day, not
656	to exceed 25 percent of the total receipts or expenditures,
657	whichever is greater, for the period covered by the late report.
658	However, for the reports immediately preceding each primary and
659	general election, the fine shall be $500 per day for each late
660	day, not to exceed 25 percent of the total receipts or
661	expenditures, whichever is greater, for the period covered by
662	the late report. Upon receipt of the report, the filing officer
663	shall determine the amount of the fine which is due and shall
664	notify the electioneering communications organization. The
665	filing officer shall determine the amount of the fine due based
666	upon the earliest of the following:
667	1. When the report is actually received by such officer.
668	2. When the report is postmarked.
669	3. When the certificate of mailing is dated.
670	4. When the receipt from an established courier company is
671	dated.
672	5. When the electronic receipt issued pursuant to s.
673	106.0705 or other electronic filing system authorized in this
674	section is dated.
675
676	Such fine shall be paid to the filing officer within 20 days
677	after receipt of the notice of payment due, unless appeal is
678	made to the Florida Elections Commission pursuant to paragraph
679	(c). Notice is deemed sufficient upon proof of delivery of
680	written notice to the mailing or street address on record with
681	the filing officer. An officer or member of an electioneering
682	communications organization shall not be personally liable for
683	such fine.
684	(c) The treasurer of an electioneering communications
685	organization may appeal or dispute the fine, based upon, but not
686	limited to, unusual circumstances surrounding the failure to
687	file on the designated due date, and may request and shall be
688	entitled to a hearing before the Florida Elections Commission,
689	which shall have the authority to waive the fine in whole or in
690	part. The Florida Elections Commission must consider the
691	mitigating and aggravating circumstances contained in s.
692	106.265(1) when determining the amount of a fine, if any, to be
693	waived. Any such request shall be made within 20 days after
694	receipt of the notice of payment due. In such case, the
695	treasurer of the electioneering communications organization
696	shall, within the 20-day period, notify the filing officer in
697	writing of his or her intention to bring the matter before the
698	commission.
699	(d) The appropriate filing officer shall notify the
700	Florida Elections Commission of the repeated late filing by an
701	electioneering communications organization, the failure of an
702	electioneering communications organization to file a report
703	after notice, or the failure to pay the fine imposed. The
704	commission shall investigate only those alleged late filing
705	violations specifically identified by the filing officer and as
706	set forth in the notification. Any other alleged violations must
707	be stated separately and reported by the division to the
708	commission under s. 106.25(2).
709	(8) In addition to the reporting requirements in s.
710	106.07, An electioneering communications organization shall,
711	within 2 days after receiving its initial password or secure
712	sign-on from the Department of State allowing confidential
713	access to the department's electronic campaign finance filing
714	system, electronically file the periodic campaign finance
715	reports that would have been required pursuant to this section
716	s. 106.07 for reportable activities that occurred since the date
717	of the last general election.
718	(9) Electioneering communications organizations shall not
719	use credit cards.
720	Section 8. Paragraph (b) of subsection (2) of section
721	106.0705, Florida Statutes, is reenacted, and subsections (3)
722	and (4) of that section are amended, to read:
723	106.0705 Electronic filing of campaign treasurer's
724	reports.-
725	(2)
726	(b) Each political committee, committee of continuous
727	existence, electioneering communications organization, or state
728	executive committee that is required to file reports with the
729	division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29,
730	as applicable, must file such reports with the division by means
731	of the division's electronic filing system.
732	(3) Reports filed pursuant to this section shall be
733	completed and filed through the electronic filing system not
734	later than midnight of the day designated. Reports not filed by
735	midnight of the day designated are late filed and are subject to
736	the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),
737	or s. 106.29(3), as applicable.
738	(4) Each report filed pursuant to this section is
739	considered to be under oath by the candidate and treasurer, or
740	the chair and treasurer, or the treasurer under s. 106.0703,
741	whichever is applicable, and such persons are subject to the
742	provisions of s. 106.04(4)(d), s. 106.07(5), s. 106.0703(4), or
743	s. 106.29(2), as applicable. Persons given a secure sign-on to
744	the electronic filing system are responsible for protecting such
745	from disclosure and are responsible for all filings using such
746	credentials, unless they have notified the division that their
747	credentials have been compromised.
748	Section 9. Subsection (1) of section 106.071, Florida
749	Statutes, is reenacted and amended to read:
750	106.071 Independent expenditures; electioneering
751	communications; reports; disclaimers.-
752	(1) Each person who makes an independent expenditure with
753	respect to any candidate or issue, and each individual who makes
754	an expenditure for an electioneering communication which is not
755	otherwise reported pursuant to this chapter, which expenditure,
756	in the aggregate, is in the amount of $5,000 $100 or more, shall
757	file periodic reports of such expenditures in the same manner,
758	at the same time, subject to the same penalties, and with the
759	same officer as a political committee supporting or opposing
760	such candidate or issue. The report shall contain the full name
761	and address of the person making the expenditure; the full name
762	and address of each person to whom and for whom each such
763	expenditure has been made; the amount, date, and purpose of each
764	such expenditure; a description of the services or goods
765	obtained by each such expenditure; the issue to which the
766	expenditure relates; and the name and address of, and office
767	sought by, each candidate on whose behalf such expenditure was
768	made.
769	Section 10. Subsections (4) and (5) of section 106.08,
770	Florida Statutes, are amended, and subsection (7) of that
771	section is reenacted, to read:
772	106.08 Contributions; limitations on.-
773	(4)(a) Any contribution received by the chair, campaign
774	treasurer, or deputy campaign treasurer of a political committee
775	supporting or opposing a candidate with opposition in an
776	election or supporting or opposing an issue on the ballot in an
777	election on the day of that election or less than 5 days prior
778	to the day of that election may not be obligated or expended by
779	the committee until after the date of the election.
780	(b) Any contribution received by an electioneering
781	communications organization on the day of an election or less
782	than 5 days prior to the day of that election may not be
783	obligated or expended by the organization until after the date
784	of the election and may not be expended to pay for any
785	obligation arising prior to the election.
786	(5)(a) A person may not make any contribution through or
787	in the name of another, directly or indirectly, in any election.
788	(b) Candidates, political committees, and political
789	parties may not solicit contributions from any religious,
790	charitable, civic, or other causes or organizations established
791	primarily for the public good.
792	(c) Candidates, political committees, and political
793	parties may not make contributions, in exchange for political
794	support, to any religious, charitable, civic, or other cause or
795	organization established primarily for the public good. It is
796	not a violation of this paragraph for:
797	1. A candidate, political committee, or political party
798	executive committee to make gifts of money in lieu of flowers in
799	memory of a deceased person;
800	2. A candidate to continue membership in, or make regular
801	donations from personal or business funds to, religious,
802	political party, civic, or charitable groups of which the
803	candidate is a member or to which the candidate has been a
804	regular donor for more than 6 months; or
805	3. A candidate to purchase, with campaign funds, tickets,
806	admission to events, or advertisements from religious, civic,
807	political party, or charitable groups.
808	(d) An electioneering communications organization may not
809	accept a contribution from an organization exempt from taxation
810	under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
811	than a political committee, committee of continuous existence,
812	or political party, unless the contributing organization has
813	registered as if the organization were an electioneering
814	communications organization pursuant to s. 106.03 and has filed
815	all campaign finance reports required of electioneering
816	communications organizations pursuant to ss. 106.07 and
817	106.0703.
818	(7)(a) Any person who knowingly and willfully makes or
819	accepts no more than one contribution in violation of subsection
820	(1) or subsection (5), or any person who knowingly and willfully
821	fails or refuses to return any contribution as required in
822	subsection (3), commits a misdemeanor of the first degree,
823	punishable as provided in s. 775.082 or s. 775.083. If any
824	corporation, partnership, or other business entity or any
825	political party, political committee, committee of continuous
826	existence, or electioneering communications organization is
827	convicted of knowingly and willfully violating any provision
828	punishable under this paragraph, it shall be fined not less than
829	$1,000 and not more than $10,000. If it is a domestic entity, it
830	may be ordered dissolved by a court of competent jurisdiction;
831	if it is a foreign or nonresident business entity, its right to
832	do business in this state may be forfeited. Any officer,
833	partner, agent, attorney, or other representative of a
834	corporation, partnership, or other business entity, or of a
835	political party, political committee, committee of continuous
836	existence, electioneering communications organization, or
837	organization exempt from taxation under s. 527 or s. 501(c)(4)
838	of the Internal Revenue Code, who aids, abets, advises, or
839	participates in a violation of any provision punishable under
840	this paragraph commits a misdemeanor of the first degree,
841	punishable as provided in s. 775.082 or s. 775.083.
842	(b) Any person who knowingly and willfully makes or
843	accepts two or more contributions in violation of subsection (1)
844	or subsection (5) commits a felony of the third degree,
845	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
846	If any corporation, partnership, or other business entity or any
847	political party, political committee, committee of continuous
848	existence, or electioneering communications organization is
849	convicted of knowingly and willfully violating any provision
850	punishable under this paragraph, it shall be fined not less than
851	$10,000 and not more than $50,000. If it is a domestic entity,
852	it may be ordered dissolved by a court of competent
853	jurisdiction; if it is a foreign or nonresident business entity,
854	its right to do business in this state may be forfeited. Any
855	officer, partner, agent, attorney, or other representative of a
856	corporation, partnership, or other business entity, or of a
857	political committee, committee of continuous existence,
858	political party, or electioneering communications organization,
859	or organization exempt from taxation under s. 527 or s.
860	501(c)(4) of the Internal Revenue Code, who aids, abets,
861	advises, or participates in a violation of any provision
862	punishable under this paragraph commits a felony of the third
863	degree, punishable as provided in s. 775.082, s. 775.083, or s.
864	775.084.
865	Section 11. Section 106.1437, Florida Statutes, is
866	reenacted to read:
867	106.1437 Miscellaneous advertisements.-Any advertisement,
868	other than a political advertisement, independent expenditure,
869	or electioneering communication, on billboards, bumper stickers,
870	radio, or television, or in a newspaper, a magazine, or a
871	periodical, intended to influence public policy or the vote of a
872	public official, shall clearly designate the sponsor of such
873	advertisement by including a clearly readable statement of
874	sponsorship. If the advertisement is broadcast on television,
875	the advertisement shall also contain a verbal statement of
876	sponsorship. This section shall not apply to an editorial
877	endorsement.
878	Section 12. Section 106.1439, Florida Statutes, is
879	reenacted and amended to read:
880	106.1439 Electioneering communications; disclaimers.-
881	(1) Any electioneering communication, other than a
882	telephone call, shall prominently state: "Paid electioneering
883	communication paid for by ...(Name and address of person paying
884	for the communication)...."
885	(2) Any electioneering communication telephone call shall
886	identify the persons or organizations sponsoring the call by
887	stating either: "Paid for by ...(insert name of persons or
888	organizations sponsoring the call)...." or "Paid for on behalf
889	of ...(insert name of persons or organizations authorizing
890	call)...." This subsection does not apply to any telephone call
891	in which the individual making the call is not being paid and
892	the individuals participating in the call know each other prior
893	to the call.
894	(3)(2) Any person who fails to include the disclaimer
895	prescribed in this section in any electioneering communication
896	that is required to contain such disclaimer commits a
897	misdemeanor of the first degree, punishable as provided in s.
898	775.082 or s. 775.083.
899	Section 13. Paragraphs (a) and (e) of subsection (1) of
900	section 106.147, Florida Statutes, are amended to read:
901	106.147 Telephone solicitation; disclosure requirements;
902	prohibitions; exemptions; penalties.-
903	(1)(a) Any electioneering communication telephone call or
904	any telephone call supporting or opposing a candidate, elected
905	public official, or ballot proposal must identify the persons or
906	organizations sponsoring the call by stating either: "paid for
907	by _____" (insert name of persons or organizations sponsoring
908	the call) or "paid for on behalf of _____" (insert name of
909	persons or organizations authorizing call). This paragraph does
910	not apply to any telephone call in which both the individual
911	making the call is not being paid and the individuals
912	participating in the call know each other prior to the call.
913	(e) Any electioneering communication paid for with public
914	funds must include a disclaimer containing the words "paid for
915	by ...(Name of the government entity paying for the
916	communication)...."
917	Section 14. Section 106.17, Florida Statutes, is reenacted
918	to read:
919	106.17 Polls and surveys relating to candidacies.-Any
920	candidate, political committee, committee of continuous
921	existence, electioneering communication organization, or state
922	or county executive committee of a political party may authorize
923	or conduct a political poll, survey, index, or measurement of
924	any kind relating to candidacy for public office so long as the
925	candidate, political committee, committee of continuous
926	existence, electioneering communication organization, or
927	political party maintains complete jurisdiction over the poll in
928	all its aspects.
929	Section 15. This act shall take effect upon becoming a
930	law.

CODING: Words stricken are deletions; words underlined are additions.