Bill Text: FL H1207 | 2010 | Regular Session | Enrolled

---

Bill Title: Campaign Financing [GPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-07-19 - Veto Message received -HJ 00010; Veto Message referred to Rules and Calendar Council -HJ 00016 [H1207 Detail]

Download: Florida-2010-H1207-Enrolled.html

---

CS/CS/HB 1207

1	A bill to be entitled
2	An act relating to campaign financing; amending s.
3	103.081, F.S.; permitting the use of a political party's
4	name, abbreviation, or symbol by an affiliated party
5	committee under certain circumstances; creating s.
6	103.092, F.S.; providing for the establishment of
7	affiliated party committees; providing a definition;
8	delineating duties and responsibilities of such
9	committees; amending s. 103.121, F.S.; requiring certain
10	assessments to be paid to an affiliated party committee;
11	amending s. 106.011, F.S.; revising the definition of the
12	term "political committee" to remove certain reporting
13	requirements included in the exclusion of electioneering
14	communications organizations from the definition and to
15	allow contributions to an affiliated party committee;
16	adding an affiliated party committee to the list of
17	entities not considered a political committee under
18	chapter 106, F.S.; revising the definition of the term
19	"independent expenditure" to specify that certain
20	expenditures are not considered an independent
21	expenditure; revising the definition of the term "person"
22	to include an affiliated party committee; revising the
23	definition of the term "filing officer" to expand
24	applicability to electioneering communications
25	organizations; revising the definition of the term
26	"electioneering communication" to conform to certain
27	federal requirements and to delineate what constitutes
28	such a communication; revising the definition of the term
29	"electioneering communications organization"; amending s.
30	106.021, F.S.; providing that certain expenditures by an
31	affiliated party committee are not considered a
32	contribution or expenditure to or for a candidate;
33	amending s. 106.025, F.S.; exempting an affiliated party
34	committee from certain campaign fund raising requirements;
35	amending s. 106.03, F.S.; revising the registration
36	requirements for electioneering communications
37	organizations; revising the statement of organization
38	requirements; revising rule adoption requirements relating
39	to dissolution of political committees and electioneering
40	communications organizations; amending s. 106.04, F.S.;
41	requiring that a committee of continuous existence report
42	receipts from and transfers to an affiliated party
43	committee; amending s. 106.0701, F.S.; exempting an
44	affiliated party committee from certain filing
45	requirements; amending s. 106.0703, F.S.; consolidating
46	reporting requirements in ch. 106, F.S., applicable to
47	electioneering communications organizations; providing
48	penalties; conforming provisions; amending s. 106.0705,
49	F.S., relating to electronic filing of campaign
50	treasurer's reports; conforming provisions; requiring an
51	affiliated party committee to file certain reports with
52	the Division of Elections; providing that a report filed
53	by the leader and treasurer of an affiliated party
54	committee is considered to be under oath; amending s.
55	106.071, F.S.; increasing the aggregate amount of
56	expenditures required for filing certain reports related
57	to independent expenditures or electioneering
58	communications; amending s. 106.08, F.S.; removing certain
59	limitations on contributions received by an electioneering
60	communications organization; providing that an affiliated
61	party committee is treated like a political party
62	regarding limitations on contributions; deleting the 28-
63	day restriction on acceptance of certain funds preceding a
64	general election; placing certain restrictions on
65	solicitation for and making of contributions; providing
66	guidelines for acceptance of in-kind contributions; adding
67	an affiliated party committee to entities subject to
68	penalties; creating s. 106.088, F.S.; requiring the
69	subscribing to an oath or affirmation prior to receipt of
70	certain funds; providing the form of the oath; providing
71	penalties; providing that undistributed funds shall be
72	deposited into the General Revenue Fund; amending s.
73	106.141, F.S.; adding affiliated party committees to the
74	list of entities to which a candidate may donate surplus
75	funds; amending s. 106.143, F.S.; requiring an affiliated
76	party committee, like a political party, to obtain advance
77	approval by a candidate for political advertisements;
78	amending s. 106.1439, F.S.; providing identification
79	requirements for certain electioneering communications;
80	providing an exception for telephone calls; amending s.
81	106.147, F.S., relating to telephone solicitation
82	disclosure requirements; removing requirements relating to
83	electioneering communication, to conform; revising the
84	definition of the term "person" to include an affiliated
85	party committee; providing penalties; amending s. 106.165,
86	F.S.; adding affiliated party committees to the entities
87	that must use closed captioning and descriptive narrative
88	in all television broadcasts; amending s. 106.17, F.S.;
89	adding affiliated party committees to those entities
90	authorized to conduct polls and surveys relating to
91	candidacies; amending s. 106.23, F.S.; providing that an
92	affiliated party committee shall be provided an advisory
93	opinion by the Division of Elections when requested;
94	amending s. 106.265, F.S.; authorizing the imposition of
95	civil penalties by the Florida Elections Commission for
96	certain violations by an affiliated party committee;
97	amending s. 106.27, F.S.; adding affiliated party
98	committees to those entities subject to certain
99	determinations and legal disposition by the Florida
100	Elections Commission; amending s. 106.29, F.S.; requiring
101	filing of certain reports by an affiliated party
102	committee; providing restrictions on certain expenditures
103	and contributions; providing penalties; amending s.
104	11.045, F.S., relating to lobbying before the Legislature;
105	excluding contributions and expenditures by an affiliated
106	party committee from the definition of the term
107	"expenditure"; amending s. 112.312, F.S.; providing that
108	certain activities pertaining to an affiliated party
109	committee are excluded from the definition of the term
110	"gift"; amending s. 112.3215, F.S., relating to lobbying
111	before the executive branch or the Constitution Revision
112	Commission; excluding contributions and expenditures by an
113	affiliated party committee from the definition of the term
114	"expenditure"; reenacting ss. 106.011(1)(b), (3), (4),
115	(18), and (19), 106.022(1), 106.03(1)(b), 106.04(5),
116	106.0703, 106.0705(2)(b), 106.071(1), 106.08(7), 106.1437,
117	106.1439, and 106.17, F.S., relating to definitions,
118	registered office and agent requirements, registration
119	requirements, prohibited activities for committees of
120	continuous existence, additional reporting requirements,
121	electronic filing requirements, expenditure reports,
122	penalties for violations pertaining to limitations on
123	contributions, miscellaneous advertisements,
124	electioneering communications disclaimers and penalties
125	for failure to include disclaimers, and polls and surveys
126	pertaining to candidacies, to cure and conform; providing
127	an effective date.
128
129	Be It Enacted by the Legislature of the State of Florida:
130
131	Section 1. Subsection (4) is added to section 103.081,
132	Florida Statutes, to read:
133	103.081 Use of party name; political advertising.-
134	(4) Notwithstanding any other provision of law to the
135	contrary, an affiliated party committee shall be entitled to use
136	the name, abbreviation, or symbol of the political party of its
137	leader as defined in s. 103.092.
138	Section 2. Section 103.092, Florida Statutes, is created
139	to read:
140	103.092 Affiliated party committees.-
141	(1) For purposes of this section, the term "leader" means
142	the President of the Senate, the Speaker of the House of
143	Representatives, or the minority leader of either house of the
144	Legislature, until a person is designated by a political party
145	conference of members of either house to succeed to any such
146	position, at which time the designee becomes the leader for
147	purposes of this section.
148	(2) The leader of each political party conference of the
149	House of Representatives and the Senate may establish a
150	separate, affiliated party committee to support the election of
151	candidates of the leader's political party. The affiliated party
152	committee is subject to the same provisions of chapter 106 as a
153	political party.
154	(3) Each affiliated party committee shall:
155	(a) Adopt bylaws to include, at a minimum, the designation
156	of a treasurer.
157	(b) Conduct campaigns for candidates who are members of
158	the leader's political party.
159	(c) Establish an account.
160	(d) Raise and expend funds. Such funds may not be expended
161	or committed to be expended except when authorized by the leader
162	of the affiliated party committee.
163	Section 3. Paragraph (b) of subsection (1) of section
164	103.121, Florida Statutes, is amended to read:
165	103.121 Powers and duties of executive committees.-
166	(1)
167	(b) The county executive committee shall receive payment
168	of assessments upon candidates to be voted for in a single
169	county except state senators, state and members of the House of
170	representatives, and representatives to the Congress of the
171	United States; an affiliated party committee controlled by a
172	leader of the Senate as defined in s. 103.092 shall receive
173	payment of assessments upon candidates for the office of state
174	senator and an affiliated party committee controlled by a leader
175	of the House of Representatives as defined in s. 103.092 shall
176	receive payment of assessments upon candidates for the office of
177	state representative; and the state executive committees shall
178	receive all other assessments authorized. All party assessments
179	shall be 2 percent of the annual salary of the office sought by
180	the respective candidate. All such committee assessments shall
181	be remitted to the state executive committee of the appropriate
182	party and distributed in accordance with subsection (5), except
183	that assessments for candidates for the office of state senator
184	or state representative shall be remitted to the appropriate
185	affiliated party committee.
186	Section 4. Paragraph (a) of subsection (1) of section of
187	section 106.011, Florida Statutes, is amended, paragraph (b) of
188	subsection (1) of that section is reenacted and amended,
189	subsections (3) and (4) of that section are reenacted,
190	subsections (5), (8), and (14) of that section are amended, and
191	subsections (18) and (19) of that section are reenacted and
192	amended, to read:
193	106.011 Definitions.-As used in this chapter, the
194	following terms have the following meanings unless the context
195	clearly indicates otherwise:
196	(1)(a) "Political committee" means:
197	1. A combination of two or more individuals, or a person
198	other than an individual, that, in an aggregate amount in excess
199	of $500 during a single calendar year:
200	a. Accepts contributions for the purpose of making
201	contributions to any candidate, political committee, committee
202	of continuous existence, affiliated party committee, or
203	political party;
204	b. Accepts contributions for the purpose of expressly
205	advocating the election or defeat of a candidate or the passage
206	or defeat of an issue;
207	c. Makes expenditures that expressly advocate the election
208	or defeat of a candidate or the passage or defeat of an issue;
209	or
210	d. Makes contributions to a common fund, other than a
211	joint checking account between spouses, from which contributions
212	are made to any candidate, political committee, committee of
213	continuous existence, affiliated party committee, or political
214	party;
215	2. The sponsor of a proposed constitutional amendment by
216	initiative who intends to seek the signatures of registered
217	electors.
218	(b) Notwithstanding paragraph (a), the following entities
219	are not considered political committees for purposes of this
220	chapter:
221	1. Organizations which are certified by the Department of
222	State as committees of continuous existence pursuant to s.
223	106.04, national political parties, and the state and county
224	executive committees of political parties, and affiliated party
225	committees regulated by chapter 103.
226	2. Corporations regulated by chapter 607 or chapter 617 or
227	other business entities formed for purposes other than to
228	support or oppose issues or candidates, if their political
229	activities are limited to contributions to candidates, political
230	parties, affiliated party committees, or political committees or
231	expenditures in support of or opposition to an issue from
232	corporate or business funds and if no contributions are received
233	by such corporations or business entities.
234	3. Electioneering communications organizations as defined
235	in subsection (19); however, such organizations shall be
236	required to register with and report expenditures and
237	contributions, including contributions received from committees
238	of continuous existence, to the Division of Elections in the
239	same manner, at the same time, and subject to the same penalties
240	as a political committee supporting or opposing an issue or a
241	legislative candidate, except as otherwise specifically provided
242	in this chapter.
243	(3) "Contribution" means:
244	(a) A gift, subscription, conveyance, deposit, loan,
245	payment, or distribution of money or anything of value,
246	including contributions in kind having an attributable monetary
247	value in any form, made for the purpose of influencing the
248	results of an election or making an electioneering
249	communication.
250	(b) A transfer of funds between political committees,
251	between committees of continuous existence, between
252	electioneering communications organizations, or between any
253	combination of these groups.
254	(c) The payment, by any person other than a candidate or
255	political committee, of compensation for the personal services
256	of another person which are rendered to a candidate or political
257	committee without charge to the candidate or committee for such
258	services.
259	(d) The transfer of funds by a campaign treasurer or
260	deputy campaign treasurer between a primary depository and a
261	separate interest-bearing account or certificate of deposit, and
262	the term includes any interest earned on such account or
263	certificate.
264
265	Notwithstanding the foregoing meanings of "contribution," the
266	word shall not be construed to include services, including, but
267	not limited to, legal and accounting services, provided without
268	compensation by individuals volunteering a portion or all of
269	their time on behalf of a candidate or political committee. This
270	definition shall not be construed to include editorial
271	endorsements.
272	(4)(a) "Expenditure" means a purchase, payment,
273	distribution, loan, advance, transfer of funds by a campaign
274	treasurer or deputy campaign treasurer between a primary
275	depository and a separate interest-bearing account or
276	certificate of deposit, or gift of money or anything of value
277	made for the purpose of influencing the results of an election
278	or making an electioneering communication. However,
279	"expenditure" does not include a purchase, payment,
280	distribution, loan, advance, or gift of money or anything of
281	value made for the purpose of influencing the results of an
282	election when made by an organization, in existence prior to the
283	time during which a candidate qualifies or an issue is placed on
284	the ballot for that election, for the purpose of printing or
285	distributing such organization's newsletter, containing a
286	statement by such organization in support of or opposition to a
287	candidate or issue, which newsletter is distributed only to
288	members of such organization.
289	(b) As used in this chapter, an "expenditure" for an
290	electioneering communication is made when the earliest of the
291	following occurs:
292	1. A person enters into a contract for applicable goods or
293	services;
294	2. A person makes payment, in whole or in part, for the
295	production or public dissemination of applicable goods or
296	services; or
297	3. The electioneering communication is publicly
298	disseminated.
299	(5)(a) "Independent expenditure" means an expenditure by a
300	person for the purpose of expressly advocating the election or
301	defeat of a candidate or the approval or rejection of an issue,
302	which expenditure is not controlled by, coordinated with, or
303	made upon consultation with, any candidate, political committee,
304	or agent of such candidate or committee. An expenditure for such
305	purpose by a person having a contract with the candidate,
306	political committee, or agent of such candidate or committee in
307	a given election period shall not be deemed an independent
308	expenditure.
309	(b) An expenditure for the purpose of expressly advocating
310	the election or defeat of a candidate which is made by the
311	national, state, or county executive committee of a political
312	party, including any subordinate committee of the a national,
313	state, or county committee of a political party, an affiliated
314	party committee, a or by any political committee, a or committee
315	of continuous existence, or any other person, shall not be
316	considered an independent expenditure if the committee or
317	person:
318	1. Communicates with the candidate, the candidate's
319	campaign, or an agent of the candidate acting on behalf of the
320	candidate, including any pollster, media consultant, advertising
321	agency, vendor, advisor, or staff member, concerning the
322	preparation of, use of, or payment for, the specific expenditure
323	or advertising campaign at issue; or
324	2. Makes a payment in cooperation, consultation, or
325	concert with, at the request or suggestion of, or pursuant to
326	any general or particular understanding with the candidate, the
327	candidate's campaign, a political committee supporting the
328	candidate, or an agent of the candidate relating to the specific
329	expenditure or advertising campaign at issue; or
330	3. Makes a payment for the dissemination, distribution, or
331	republication, in whole or in part, of any broadcast or any
332	written, graphic, or other form of campaign material prepared by
333	the candidate, the candidate's campaign, or an agent of the
334	candidate, including any pollster, media consultant, advertising
335	agency, vendor, advisor, or staff member; or
336	4. Makes a payment based on information about the
337	candidate's plans, projects, or needs communicated to a member
338	of the committee or person by the candidate or an agent of the
339	candidate, provided the committee or person uses the information
340	in any way, in whole or in part, either directly or indirectly,
341	to design, prepare, or pay for the specific expenditure or
342	advertising campaign at issue; or
343	5. After the last day of qualifying for statewide or
344	legislative office, consults about the candidate's plans,
345	projects, or needs in connection with the candidate's pursuit of
346	election to office and the information is used in any way to
347	plan, create, design, or prepare an independent expenditure or
348	advertising campaign, with:
349	a. Any officer, director, employee, or agent of a
350	national, state, or county executive committee of a political
351	party or an affiliated party committee that has made or intends
352	to make expenditures in connection with or contributions to the
353	candidate; or
354	b. Any person whose professional services have been
355	retained by a national, state, or county executive committee of
356	a political party or an affiliated party committee that has made
357	or intends to make expenditures in connection with or
358	contributions to the candidate; or
359	6. After the last day of qualifying for statewide or
360	legislative office, retains the professional services of any
361	person also providing those services to the candidate in
362	connection with the candidate's pursuit of election to office;
363	or
364	7. Arranges, coordinates, or directs the expenditure, in
365	any way, with the candidate or an agent of the candidate.
366	(8) "Person" means an individual or a corporation,
367	association, firm, partnership, joint venture, joint stock
368	company, club, organization, estate, trust, business trust,
369	syndicate, or other combination of individuals having collective
370	capacity. The term includes a political party, affiliated party
371	committee, political committee, or committee of continuous
372	existence.
373	(14) "Filing officer" means the person before whom a
374	candidate qualifies, the agency or officer with whom a political
375	committee or an electioneering communications organization
376	registers, or the agency by whom a committee of continuous
377	existence is certified.
378	(18)(a) "Electioneering communication" means any
379	communication publicly distributed by a television station,
380	radio station, cable television system, satellite system,
381	newspaper, magazine, direct mail, or telephone a paid expression
382	in any communications media prescribed in subsection (13) by
383	means other than the spoken word in direct conversation that:
384	1. Refers to or depicts a clearly identified candidate for
385	office or contains a clear reference indicating that an issue is
386	to be voted on at an election, without expressly advocating the
387	election or defeat of a candidate but that is susceptible of no
388	reasonable interpretation other than an appeal to vote for or
389	against a specific candidate; or the passage or defeat of an
390	issue.
391	2. Is made within 30 days before a primary or special
392	primary election or 60 days before any other election for the
393	office sought by the candidate; and
394	3. Is For communications referring to or depicting a
395	clearly identified candidate for office, is targeted to the
396	relevant electorate. A communication is considered targeted if
397	1,000 or more persons in the geographic area the candidate would
398	represent if elected will receive the communication.
399	3. For communications containing a clear reference
400	indicating that an issue is to be voted on at an election, is
401	published after the issue is designated a ballot position or 120
402	days before the date of the election on the issue, whichever
403	occurs first.
404	(b) The term "electioneering communication" does not
405	include:
406	1. A communication disseminated through a means of
407	communication other than a television station, radio station,
408	cable television system, satellite system, newspaper, magazine,
409	direct mail, telephone, or statement or depiction by an
410	organization, in existence prior to the time during which a
411	candidate named or depicted qualifies or an issue identified is
412	placed on the ballot for that election, made in that
413	organization's newsletter, which newsletter is distributed only
414	to members of that organization.
415	2. A communication in a news story, commentary, or
416	editorial distributed through the facilities of any radio
417	station, television station, cable television system, or
418	satellite system, unless the facilities are owned or controlled
419	by any political party, political committee, or candidate. A
420	news story distributed through the facilities owned or
421	controlled by any political party, political committee, or
422	candidate may nevertheless be exempt if it represents a bona
423	fide news account communicated through a licensed broadcasting
424	facility and the communication is part of a general pattern of
425	campaign-related news accounts that give reasonably equal
426	coverage to all opposing candidates in the area An editorial
427	endorsement, news story, commentary, or editorial by any
428	newspaper, radio, television station, or other recognized news
429	medium.
430	3. A communication that constitutes a public debate or
431	forum that includes at least two opposing candidates for an
432	office or one advocate and one opponent of an issue, or that
433	solely promotes such a debate or forum and is made by or on
434	behalf of the person sponsoring the debate or forum, provided
435	that:
436	a. The staging organization is either:
437	(I) A charitable organization that does not make other
438	electioneering communications and does not otherwise support or
439	oppose any political candidate or political party; or
440	(II) A newspaper, radio station, television station, or
441	other recognized news medium; and
442	b. The staging organization does not structure the debate
443	to promote or advance one candidate or issue position over
444	another.
445	(c) For purposes of this chapter, an expenditure made for,
446	or in furtherance of, an electioneering communication shall not
447	be considered a contribution to or on behalf of any candidate.
448	(d) For purposes of this chapter, an electioneering
449	communication shall not constitute an independent expenditure
450	nor be subject to the limitations applicable to independent
451	expenditures.
452	(19) "Electioneering communications organization" means
453	any group, other than a political party, affiliated party
454	committee, political committee, or committee of continuous
455	existence, whose election-related activities are limited to
456	making expenditures for electioneering communications or
457	accepting contributions for the purpose of making electioneering
458	communications and whose activities would not otherwise require
459	the group to register as a political party, political committee,
460	or committee of continuous existence under this chapter.
461	Section 5. Subsection (3) of section 106.021, Florida
462	Statutes, is amended to read:
463	106.021 Campaign treasurers; deputies; primary and
464	secondary depositories.-
465	(3) No contribution or expenditure, including
466	contributions or expenditures of a candidate or of the
467	candidate's family, shall be directly or indirectly made or
468	received in furtherance of the candidacy of any person for
469	nomination or election to political office in the state or on
470	behalf of any political committee except through the duly
471	appointed campaign treasurer of the candidate or political
472	committee, subject to the following exceptions:
473	(a) Independent expenditures;
474	(b) Reimbursements to a candidate or any other individual
475	for expenses incurred in connection with the campaign or
476	activities of the political committee by a check drawn upon the
477	campaign account and reported pursuant to s. 106.07(4). After
478	July 1, 2004, the full name and address of each person to whom
479	the candidate or other individual made payment for which
480	reimbursement was made by check drawn upon the campaign account
481	shall be reported pursuant to s. 106.07(4), together with the
482	purpose of such payment;
483	(c) Expenditures made indirectly through a treasurer for
484	goods or services, such as communications media placement or
485	procurement services, campaign signs, insurance, or other
486	expenditures that include multiple integral components as part
487	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
488	or
489	(d) Expenditures made directly by any political committee,
490	affiliated party committee, or political party regulated by
491	chapter 103 for obtaining time, space, or services in or by any
492	communications medium for the purpose of jointly endorsing three
493	or more candidates, and any such expenditure shall not be
494	considered a contribution or expenditure to or on behalf of any
495	such candidates for the purposes of this chapter.
496	Section 6. Subsection (1) of section 106.022, Florida
497	Statutes, is reenacted to read:
498	106.022 Appointment of a registered agent; duties.-
499	(1) Each political committee, committee of continuous
500	existence, or electioneering communications organization shall
501	have and continuously maintain in this state a registered office
502	and a registered agent and must file with the division a
503	statement of appointment for the registered office and
504	registered agent. The statement of appointment must:
505	(a) Provide the name of the registered agent and the
506	street address and phone number for the registered office;
507	(b) Identify the entity for whom the registered agent
508	serves;
509	(c) Designate the address the registered agent wishes to
510	use to receive mail;
511	(d) Include the entity's undertaking to inform the
512	division of any change in such designated address;
513	(e) Provide for the registered agent's acceptance of the
514	appointment, which must confirm that the registered agent is
515	familiar with and accepts the obligations of the position as set
516	forth in this section; and
517	(f) Contain the signature of the registered agent and the
518	entity engaging the registered agent.
519	Section 7. Subsection (2) of section 106.025, Florida
520	Statutes, is amended to read:
521	106.025 Campaign fund raisers.-
522	(2) This section shall not apply to any campaign fund
523	raiser held on behalf of a political party by the state or
524	county executive committee or an affiliated party committee of
525	such party, provided that the proceeds of such campaign fund
526	raiser are reported pursuant to s. 106.29.
527	Section 8. Paragraph (b) of subsection (1) of section
528	106.03, Florida Statutes, is reenacted and amended, and
529	subsections (2), (4), and (7) of that section are amended, to
530	read:
531	106.03 Registration of political committees and
532	electioneering communications organizations.-
533	(1)
534	(b)1. Each electioneering communications organization that
535	receives anticipates receiving contributions or makes making
536	expenditures during a calendar year in an aggregate amount
537	exceeding $5,000 shall file a statement of organization as
538	provided in subparagraph 2. subsection (3) by expedited delivery
539	within 24 hours after its organization or, if later, within 24
540	hours after the date on which it receives has information that
541	causes the organization to anticipate that it will receive
542	contributions or makes make expenditures for an electioneering
543	communication in excess of $5,000.
544	2.a. In a statewide, legislative, or multicounty election,
545	an electioneering communications organization shall file a
546	statement of organization with the Division of Elections.
547	b. In a countywide election or any election held on less
548	than a countywide basis, except as described in sub-subparagraph
549	c., an electioneering communications organization shall file a
550	statement of organization with the supervisor of elections of
551	the county in which the election is being held.
552	c. In a municipal election, an electioneering
553	communications organization shall file a statement of
554	organization with the officer before whom municipal candidates
555	qualify.
556	d. Any electioneering communications organization that
557	would be required to file a statement of organization in two or
558	more locations by reason of the organization's intention to
559	support or oppose candidates at state or multicounty and local
560	levels of government need only file a statement of organization
561	with the Division of Elections.
562	(2) The statement of organization shall include:
563	(a) The name, mailing address, and street address of the
564	committee or electioneering communications organization;
565	(b) The names, street addresses, and relationships of
566	affiliated or connected organizations;
567	(c) The area, scope, or jurisdiction of the committee or
568	electioneering communications organization;
569	(d) The name, mailing address, street address, and
570	position of the custodian of books and accounts;
571	(e) The name, mailing address, street address, and
572	position of other principal officers, including the treasurer
573	and deputy treasurer including officers and members of the
574	finance committee, if any;
575	(f) The name, address, office sought, and party
576	affiliation of:
577	1. Each candidate whom the committee is supporting;
578	2. Any other individual, if any, whom the committee is
579	supporting for nomination for election, or election, to any
580	public office whatever;
581	(g) Any issue or issues the committee such organization is
582	supporting or opposing;
583	(h) If the committee is supporting the entire ticket of
584	any party, a statement to that effect and the name of the party;
585	(i) A statement of whether the committee is a continuing
586	one;
587	(j) Plans for the disposition of residual funds which will
588	be made in the event of dissolution;
589	(k) A listing of all banks, safe-deposit boxes, or other
590	depositories used for committee or electioneering communications
591	organization funds; and
592	(l) A statement of the reports required to be filed by the
593	committee or the electioneering communications organization with
594	federal officials, if any, and the names, addresses, and
595	positions of such officials; and
596	(m) A statement of whether the electioneering
597	communications organization was formed as a newly created
598	organization during the current calendar quarter or was formed
599	from an organization existing prior to the current calendar
600	quarter. For purposes of this subsection, calendar quarters end
601	the last day of March, June, September, and December.
602	(4) Any change in information previously submitted in a
603	statement of organization shall be reported to the agency or
604	officer with whom such committee or electioneering
605	communications organization is required to register pursuant to
606	subsection (3), within 10 days following the change.
607	(7) The Division of Elections shall adopt promulgate rules
608	to prescribe the manner in which inactive committees and
609	electioneering communications organizations may be dissolved and
610	have their registration canceled. Such rules shall, at a
611	minimum, provide for:
612	(a) Notice which shall contain the facts and conduct which
613	warrant the intended action, including but not limited to
614	failure to file reports and limited activity.
615	(b) Adequate opportunity to respond.
616	(c) Appeal of the decision to the Florida Elections
617	Commission. Such appeals shall be exempt from the
618	confidentiality provisions of s. 106.25.
619	Section 9. Paragraph (c) of subsection (4) of section
620	106.04, Florida Statutes, is amended, and subsection (5) of that
621	section is reenacted, to read:
622	106.04 Committees of continuous existence.-
623	(4)
624	(c) All committees of continuous existence shall file
625	their reports with the Division of Elections. Reports shall be
626	filed in accordance with s. 106.0705 and shall contain the
627	following information:
628	1. The full name, address, and occupation of each person
629	who has made one or more contributions, including contributions
630	that represent the payment of membership dues, to the committee
631	during the reporting period, together with the amounts and dates
632	of such contributions. For corporations, the report must provide
633	as clear a description as practicable of the principal type of
634	business conducted by the corporation. However, if the
635	contribution is $100 or less, the occupation of the contributor
636	or principal type of business need not be listed. However, for
637	any contributions that represent the payment of dues by members
638	in a fixed amount aggregating no more than $250 per calendar
639	year, pursuant to the schedule on file with the Division of
640	Elections, only the aggregate amount of such contributions need
641	be listed, together with the number of members paying such dues
642	and the amount of the membership dues.
643	2. The name and address of each political committee or
644	committee of continuous existence from which the reporting
645	committee received, or the name and address of each political
646	committee, committee of continuous existence, affiliated party
647	committee, or political party to which it made, any transfer of
648	funds, together with the amounts and dates of all transfers.
649	3. Any other receipt of funds not listed pursuant to
650	subparagraph 1. or subparagraph 2., including the sources and
651	amounts of all such funds.
652	4. The name and address of, and office sought by, each
653	candidate to whom the committee has made a contribution during
654	the reporting period, together with the amount and date of each
655	contribution.
656	5. The full name and address of each person to whom
657	expenditures have been made by or on behalf of the committee
658	within the reporting period; the amount, date, and purpose of
659	each such expenditure; and the name and address, and office
660	sought by, each candidate on whose behalf such expenditure was
661	made.
662	6. The full name and address of each person to whom an
663	expenditure for personal services, salary, or reimbursement for
664	authorized expenses has been made, including the full name and
665	address of each entity to whom the person made payment for which
666	reimbursement was made by check drawn upon the committee
667	account, together with the amount and purpose of such payment.
668	7. Transaction information from each credit card statement
669	that will be included in the next report following receipt
670	thereof by the committee. Receipts for each credit card purchase
671	shall be retained by the treasurer with the records for the
672	committee account.
673	8. The total sum of expenditures made by the committee
674	during the reporting period.
675	(5) No committee of continuous existence shall make an
676	electioneering communication, contribute to any candidate or
677	political committee an amount in excess of the limits contained
678	in s. 106.08(1), or participate in any activity which is
679	prohibited by this chapter. If any violation occurs, it shall be
680	punishable as provided in this chapter for the given offense. No
681	funds of a committee of continuous existence shall be expended
682	on behalf of a candidate, except by means of a contribution made
683	through the duly appointed campaign treasurer of a candidate. No
684	such committee shall make expenditures in support of, or in
685	opposition to, an issue unless such committee first registers as
686	a political committee pursuant to this chapter and undertakes
687	all the practices and procedures required thereof; provided such
688	committee may make contributions in a total amount not to exceed
689	25 percent of its aggregate income, as reflected in the annual
690	report filed for the previous year, to one or more political
691	committees registered pursuant to s. 106.03 and formed to
692	support or oppose issues.
693	Section 10. Subsection (5) of section 106.0701, Florida
694	Statutes, is amended to read:
695	106.0701 Solicitation of contributions on behalf of s. 527
696	or s. 501(c)(4) organizations; reporting requirements; civil
697	penalty; exemption.-
698	(5) The filing requirements of subsection (1) do not apply
699	to an individual acting on behalf of his or her own campaign, or
700	a political party, or an affiliated party committee of which the
701	individual is a member.
702	Section 11. Section 106.0703, Florida Statutes, is
703	reenacted and amended to read:
704	106.0703 Electioneering communications organizations;
705	additional reporting requirements; certification and filing;
706	penalties.-
707	(1)(a) Each electioneering communications organization
708	shall file regular reports of all contributions received and all
709	expenditures made by or on behalf of the organization. Reports
710	shall be filed on the 10th day following the end of each
711	calendar quarter from the time the organization is registered.
712	However, if the 10th day following the end of a calendar quarter
713	occurs on a Saturday, Sunday, or legal holiday, the report shall
714	be filed on the next following day that is not a Saturday,
715	Sunday, or legal holiday. Quarterly reports shall include all
716	contributions received and expenditures made during the calendar
717	quarter that have not otherwise been reported pursuant to this
718	section.
719	(b) Following the last day of candidates qualifying for
720	office, the reports shall be filed on the 32nd, 18th, and 4th
721	days immediately preceding the primary election and on the 46th,
722	32nd, 18th, and 4th days immediately preceding the general
723	election.
724	(c) When a special election is called to fill a vacancy in
725	office, all electioneering communications organizations making
726	contributions or expenditures to influence the results of the
727	special election shall file reports with the filing officer on
728	the dates set by the Department of State pursuant to s. 100.111.
729	(d) In addition to the reports required by paragraph (a),
730	an electioneering communications organization that is registered
731	with the Department of State and that makes a contribution or
732	expenditure to influence the results of a county or municipal
733	election that is not being held at the same time as a state or
734	federal election must file reports with the county or municipal
735	filing officer on the same dates as county or municipal
736	candidates or committees for that election. The electioneering
737	communications organization must also include the expenditure in
738	the next report filed with the Division of Elections pursuant to
739	this section following the county or municipal election.
740	(e) The filing officer shall make available to each
741	electioneering communications organization a schedule
742	designating the beginning and end of reporting periods as well
743	as the corresponding designated due dates.
744	(2)(a) Except as provided in s. 106.0705, the reports
745	required of an electioneering communications organization shall
746	be filed with the filing officer not later than 5 p.m. of the
747	day designated. However, any report postmarked by the United
748	States Postal Service no later than midnight of the day
749	designated shall be deemed to have been filed in a timely
750	manner. Any report received by the filing officer within 5 days
751	after the designated due date that was delivered by the United
752	States Postal Service shall be deemed timely filed unless it has
753	a postmark that indicates that the report was mailed after the
754	designated due date. A certificate of mailing obtained from and
755	dated by the United States Postal Service at the time of
756	mailing, or a receipt from an established courier company, which
757	bears a date on or before the date on which the report is due,
758	shall be proof of mailing in a timely manner. Reports shall
759	contain information of all previously unreported contributions
760	received and expenditures made as of the preceding Friday,
761	except that the report filed on the Friday immediately preceding
762	the election shall contain information of all previously
763	unreported contributions received and expenditures made as of
764	the day preceding the designated due date. All such reports
765	shall be open to public inspection.
766	(b)1. Any report that is deemed to be incomplete by the
767	officer with whom the electioneering communications organization
768	files shall be accepted on a conditional basis. The treasurer of
769	the electioneering communications organization shall be
770	notified, by certified mail or other common carrier that can
771	establish proof of delivery for the notice, as to why the report
772	is incomplete. Within 7 days after receipt of such notice, the
773	treasurer must file an addendum to the report providing all
774	information necessary to complete the report in compliance with
775	this section. Failure to file a complete report after such
776	notice constitutes a violation of this chapter.
777	2. Notice is deemed sufficient upon proof of delivery of
778	written notice to the mailing or street address of the treasurer
779	or registered agent of the electioneering communication
780	organization on record with the filing officer.
781	(3)(a) Each report required by this section must contain:
782	1. The full name, address, and occupation, if any, of each
783	person who has made one or more contributions to or for such
784	electioneering communications organization within the reporting
785	period, together with the amount and date of such contributions.
786	For corporations, the report must provide as clear a description
787	as practicable of the principal type of business conducted by
788	the corporation. However, if the contribution is $100 or less,
789	the occupation of the contributor or the principal type of
790	business need not be listed.
791	2. The name and address of each political committee from
792	which or to which the reporting electioneering communications
793	organization made any transfer of funds, together with the
794	amounts and dates of all transfers.
795	3. Each loan for electioneering communication purposes to
796	or from any person or political committee within the reporting
797	period, together with the full names, addresses, and occupations
798	and principal places of business, if any, of the lender and
799	endorsers, if any, and the date and amount of such loans.
800	4. A statement of each contribution, rebate, refund, or
801	other receipt not otherwise listed under subparagraphs 1.-3.
802	5. The total sums of all loans, in-kind contributions, and
803	other receipts by or for such electioneering communications
804	organization during the reporting period. The reporting forms
805	shall be designed to elicit separate totals for in-kind
806	contributions, loans, and other receipts.
807	6. The full name and address of each person to whom
808	expenditures have been made by or on behalf of the
809	electioneering communications organization within the reporting
810	period and the amount, date, and purpose of each expenditure.
811	7. The full name and address of each person to whom an
812	expenditure for personal services, salary, or reimbursement for
813	expenses has been made and that is not otherwise reported,
814	including the amount, date, and purpose of the expenditure.
815	8. The total sum of expenditures made by the
816	electioneering communications organization during the reporting
817	period.
818	9. The amount and nature of debts and obligations owed by
819	or to the electioneering communications organization that relate
820	to the conduct of any electioneering communication.
821	10. Transaction information for each credit card purchase.
822	Receipts for each credit card purchase shall be retained by the
823	electioneering communications organization.
824	11. The amount and nature of any separate interest-bearing
825	accounts or certificates of deposit and identification of the
826	financial institution in which such accounts or certificates of
827	deposit are located.
828	12. The primary purposes of an expenditure made indirectly
829	through an electioneering communications organization for goods
830	and services, such as communications media placement or
831	procurement services and other expenditures that include
832	multiple components as part of the expenditure. The primary
833	purpose of an expenditure shall be that purpose, including
834	integral and directly related components, that comprises 80
835	percent of such expenditure.
836	(b) The filing officer shall make available to any
837	electioneering communications organization a reporting form
838	which the electioneering communications organization may use to
839	indicate contributions received by the electioneering
840	communications organization but returned to the contributor
841	before deposit.
842	(4) The treasurer of the electioneering communications
843	organization shall certify as to the correctness of each report,
844	and each person so certifying shall bear the responsibility for
845	the accuracy and veracity of each report. Any treasurer who
846	willfully certifies the correctness of any report while knowing
847	that such report is incorrect, false, or incomplete commits a
848	misdemeanor of the first degree, punishable as provided in s.
849	775.082 or s. 775.083.
850	(5) The electioneering communications organization
851	depository shall provide statements reflecting deposits and
852	expenditures from the account to the treasurer, who shall retain
853	the records pursuant to s. 106.06. The records maintained by the
854	depository with respect to the account shall be subject to
855	inspection by an agent of the Division of Elections or the
856	Florida Elections Commission at any time during normal banking
857	hours, and such depository shall furnish certified copies of any
858	such records to the Division of Elections or the Florida
859	Elections Commission upon request.
860	(6) Notwithstanding any other provisions of this chapter,
861	in any reporting period during which an electioneering
862	communications organization has not received funds, made any
863	contributions, or expended any reportable funds, the treasurer
864	shall file a written report with the filing officer by the
865	prescribed reporting date that no reportable contributions or
866	expenditures were made during the reporting period.
867	(7)(a) Any electioneering communications organization
868	failing to file a report on the designated due date shall be
869	subject to a fine as provided in paragraph (b) for each late
870	day. The fine shall be assessed by the filing officer and the
871	moneys collected shall be deposited:
872	1. In the General Revenue Fund, in the case of an
873	electioneering communications organization that registers with
874	the Division of Elections; or
875	2. In the general revenue fund of the political
876	subdivision, in the case of an electioneering communications
877	organization that registers with an officer of a political
878	subdivision.
879
880	No separate fine shall be assessed for failure to file a copy of
881	any report required by this section.
882	(b) Upon determining that a report is late, the filing
883	officer shall immediately notify the electioneering
884	communications organization as to the failure to file a report
885	by the designated due date and that a fine is being assessed for
886	each late day. The fine shall be $50 per day for the first 3
887	days late and, thereafter, $500 per day for each late day, not
888	to exceed 25 percent of the total receipts or expenditures,
889	whichever is greater, for the period covered by the late report.
890	However, for the reports immediately preceding each primary and
891	general election, the fine shall be $500 per day for each late
892	day, not to exceed 25 percent of the total receipts or
893	expenditures, whichever is greater, for the period covered by
894	the late report. Upon receipt of the report, the filing officer
895	shall determine the amount of the fine which is due and shall
896	notify the electioneering communications organization. The
897	filing officer shall determine the amount of the fine due based
898	upon the earliest of the following:
899	1. When the report is actually received by such officer.
900	2. When the report is postmarked.
901	3. When the certificate of mailing is dated.
902	4. When the receipt from an established courier company is
903	dated.
904	5. When the electronic receipt issued pursuant to s.
905	106.0705 or other electronic filing system authorized in this
906	section is dated.
907
908	Such fine shall be paid to the filing officer within 20 days
909	after receipt of the notice of payment due, unless appeal is
910	made to the Florida Elections Commission pursuant to paragraph
911	(c). Notice is deemed sufficient upon proof of delivery of
912	written notice to the mailing or street address on record with
913	the filing officer. An officer or member of an electioneering
914	communications organization shall not be personally liable for
915	such fine.
916	(c) The treasurer of an electioneering communications
917	organization may appeal or dispute the fine, based upon, but not
918	limited to, unusual circumstances surrounding the failure to
919	file on the designated due date, and may request and shall be
920	entitled to a hearing before the Florida Elections Commission,
921	which shall have the authority to waive the fine in whole or in
922	part. The Florida Elections Commission must consider the
923	mitigating and aggravating circumstances contained in s.
924	106.265(1) when determining the amount of a fine, if any, to be
925	waived. Any such request shall be made within 20 days after
926	receipt of the notice of payment due. In such case, the
927	treasurer of the electioneering communications organization
928	shall, within the 20-day period, notify the filing officer in
929	writing of his or her intention to bring the matter before the
930	commission.
931	(d) The appropriate filing officer shall notify the
932	Florida Elections Commission of the repeated late filing by an
933	electioneering communications organization, the failure of an
934	electioneering communications organization to file a report
935	after notice, or the failure to pay the fine imposed. The
936	commission shall investigate only those alleged late filing
937	violations specifically identified by the filing officer and as
938	set forth in the notification. Any other alleged violations must
939	be stated separately and reported by the division to the
940	commission under s. 106.25(2).
941	(8) In addition to the reporting requirements in s.
942	106.07, An electioneering communications organization shall,
943	within 2 days after receiving its initial password or secure
944	sign-on from the Department of State allowing confidential
945	access to the department's electronic campaign finance filing
946	system, electronically file the periodic campaign finance
947	reports that would have been required pursuant to this section
948	s. 106.07 for reportable activities that occurred since the date
949	of the last general election.
950	Section 12. Paragraph (b) of subsection (2) of section
951	106.0705, Florida Statutes, is reenacted and amended, and
952	subsections (3) and (4) of that section are amended, to read:
953	106.0705 Electronic filing of campaign treasurer's
954	reports.-
955	(2)
956	(b) Each political committee, committee of continuous
957	existence, electioneering communications organization,
958	affiliated party committee, or state executive committee that is
959	required to file reports with the division under s. 106.04, s.
960	106.07, s. 106.0703, or s. 106.29, as applicable, must file such
961	reports with the division by means of the division's electronic
962	filing system.
963	(3) Reports filed pursuant to this section shall be
964	completed and filed through the electronic filing system not
965	later than midnight of the day designated. Reports not filed by
966	midnight of the day designated are late filed and are subject to
967	the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),
968	or s. 106.29(3), as applicable.
969	(4) Each report filed pursuant to this section is
970	considered to be under oath by the candidate and treasurer, or
971	the chair and treasurer, the treasurer under s. 106.0703, or the
972	leader and treasurer under s. 103.092, whichever is applicable,
973	and such persons are subject to the provisions of s.
974	106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as
975	applicable. Persons given a secure sign-on to the electronic
976	filing system are responsible for protecting such from
977	disclosure and are responsible for all filings using such
978	credentials, unless they have notified the division that their
979	credentials have been compromised.
980	Section 13. Subsection (1) of section 106.071, Florida
981	Statutes, is reenacted and amended to read:
982	106.071 Independent expenditures; electioneering
983	communications; reports; disclaimers.-
984	(1) Each person who makes an independent expenditure with
985	respect to any candidate or issue, and each individual who makes
986	an expenditure for an electioneering communication which is not
987	otherwise reported pursuant to this chapter, which expenditure,
988	in the aggregate, is in the amount of $5,000 $100 or more, shall
989	file periodic reports of such expenditures in the same manner,
990	at the same time, subject to the same penalties, and with the
991	same officer as a political committee supporting or opposing
992	such candidate or issue. The report shall contain the full name
993	and address of the person making the expenditure; the full name
994	and address of each person to whom and for whom each such
995	expenditure has been made; the amount, date, and purpose of each
996	such expenditure; a description of the services or goods
997	obtained by each such expenditure; the issue to which the
998	expenditure relates; and the name and address of, and office
999	sought by, each candidate on whose behalf such expenditure was
1000	made.
1001	Section 14. Subsections (1) , (2), (4), (5), and (6) of
1002	section 106.08, Florida Statutes, are amended, and subsection
1003	(7) of that section is reenacted and amended, to read:
1004	106.08 Contributions; limitations on.-
1005	(1)(a) Except for political parties or affiliated party
1006	committees, no person, political committee, or committee of
1007	continuous existence may, in any election, make contributions in
1008	excess of $500 to any candidate for election to or retention in
1009	office or to any political committee supporting or opposing one
1010	or more candidates. Candidates for the offices of Governor and
1011	Lieutenant Governor on the same ticket are considered a single
1012	candidate for the purpose of this section.
1013	(b)1. The contribution limits provided in this subsection
1014	do not apply to contributions made by a state or county
1015	executive committee of a political party or affiliated party
1016	committee regulated by chapter 103 or to amounts contributed by
1017	a candidate to his or her own campaign.
1018	2. Notwithstanding the limits provided in this subsection,
1019	an unemancipated child under the age of 18 years of age may not
1020	make a contribution in excess of $100 to any candidate or to any
1021	political committee supporting one or more candidates.
1022	(c) The contribution limits of this subsection apply to
1023	each election. For purposes of this subsection, the primary
1024	election and general election are separate elections so long as
1025	the candidate is not an unopposed candidate as defined in s.
1026	106.011(15). However, for the purpose of contribution limits
1027	with respect to candidates for retention as a justice or judge,
1028	there is only one election, which is the general election.
1029	(2)(a) A candidate may not accept contributions from
1030	national, state, or including any subordinate committee of a
1031	national, state, or county committee of a political party, and
1032	county executive committees of a political party, including any
1033	subordinate committee of such political party or affiliated
1034	party committees, which contributions in the aggregate exceed
1035	$50,000, no more than $25,000 of which may be accepted prior to
1036	the 28-day period immediately preceding the date of the general
1037	election.
1038	(b) A candidate for statewide office may not accept
1039	contributions from national, state, or county executive
1040	committees of a political party, including any subordinate
1041	committee of the a national, state, or county committee of a
1042	political party, or affiliated party committees, which
1043	contributions in the aggregate exceed $250,000, no more than
1044	$125,000 of which may be accepted prior to the 28-day period
1045	immediately preceding the date of the general election. Polling
1046	services, research services, costs for campaign staff,
1047	professional consulting services, and telephone calls are not
1048	contributions to be counted toward the contribution limits of
1049	paragraph (a) or this paragraph. Any item not expressly
1050	identified in this paragraph as nonallocable is a contribution
1051	in an amount equal to the fair market value of the item and must
1052	be counted as allocable toward the contribution limits of
1053	paragraph (a) or this paragraph. Nonallocable, in-kind
1054	contributions must be reported by the candidate under s. 106.07
1055	and by the political party or affiliated party committee under
1056	s. 106.29.
1057	(4)(a) Any contribution received by the chair, campaign
1058	treasurer, or deputy campaign treasurer of a political committee
1059	supporting or opposing a candidate with opposition in an
1060	election or supporting or opposing an issue on the ballot in an
1061	election on the day of that election or less than 5 days prior
1062	to the day of that election may not be obligated or expended by
1063	the committee until after the date of the election.
1064	(b) Any contribution received by an electioneering
1065	communications organization on the day of an election or less
1066	than 5 days prior to the day of that election may not be
1067	obligated or expended by the organization until after the date
1068	of the election and may not be expended to pay for any
1069	obligation arising prior to the election.
1070	(5)(a) A person may not make any contribution through or
1071	in the name of another, directly or indirectly, in any election.
1072	(b) Candidates, political committees, affiliated party
1073	committees, and political parties may not solicit contributions
1074	from any religious, charitable, civic, or other causes or
1075	organizations established primarily for the public good.
1076	(c) Candidates, political committees, affiliated party
1077	committees, and political parties may not make contributions, in
1078	exchange for political support, to any religious, charitable,
1079	civic, or other cause or organization established primarily for
1080	the public good. It is not a violation of this paragraph for:
1081	1. A candidate, political committee, affiliated party
1082	committee, or political party executive committee to make gifts
1083	of money in lieu of flowers in memory of a deceased person;
1084	2. A candidate to continue membership in, or make regular
1085	donations from personal or business funds to, religious,
1086	political party, affiliated party committee, civic, or
1087	charitable groups of which the candidate is a member or to which
1088	the candidate has been a regular donor for more than 6 months;
1089	or
1090	3. A candidate to purchase, with campaign funds, tickets,
1091	admission to events, or advertisements from religious, civic,
1092	political party, affiliated party committee, or charitable
1093	groups.
1094	(d) An electioneering communications organization may not
1095	accept a contribution from an organization exempt from taxation
1096	under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
1097	than a political committee, committee of continuous existence,
1098	or political party, unless the contributing organization has
1099	registered as if the organization were an electioneering
1100	communications organization pursuant to s. 106.03 and has filed
1101	all campaign finance reports required of electioneering
1102	communications organizations pursuant to ss. 106.07 and
1103	106.0703.
1104	(6)(a) A political party or affiliated party committee may
1105	not accept any contribution that has been specifically
1106	designated for the partial or exclusive use of a particular
1107	candidate. Any contribution so designated must be returned to
1108	the contributor and may not be used or expended by or on behalf
1109	of the candidate. Funds contributed to an affiliated party
1110	committee shall not be deemed as designated for the partial or
1111	exclusive use of a leader as defined in s. 103.092.
1112	(b)1. A political party or affiliated party committee may
1113	not accept any in-kind contribution that fails to provide a
1114	direct benefit to the political party or affiliated party
1115	committee. A "direct benefit" includes, but is not limited to,
1116	fundraising or furthering the objectives of the political party
1117	or affiliated party committee.
1118	2.a. An in-kind contribution to a state political party
1119	may be accepted only by the chairperson of the state political
1120	party or by the chairperson's designee or designees whose names
1121	are on file with the division in a form acceptable to the
1122	division prior to the date of the written notice required in
1123	sub-subparagraph b. An in-kind contribution to a county
1124	political party may be accepted only by the chairperson of the
1125	county political party or by the county chairperson's designee
1126	or designees whose names are on file with the supervisor of
1127	elections of the respective county prior to the date of the
1128	written notice required in sub-subparagraph b. An in-kind
1129	contribution to an affiliated party committee may be accepted
1130	only by the leader of the affiliated party committee as defined
1131	in s. 103.092 or by the leader's designee or designees whose
1132	names are on file with the division in a form acceptable to the
1133	division prior to the date of the written notice required in
1134	sub-subparagraph b.
1135	b. A person making an in-kind contribution to a state
1136	political party or county political party or affiliated party
1137	committee must provide prior written notice of the contribution
1138	to a person described in sub-subparagraph a. The prior written
1139	notice must be signed and dated and may be provided by an
1140	electronic or facsimile message. However, prior written notice
1141	is not required for an in-kind contribution that consists of
1142	food and beverage in an aggregate amount not exceeding $1,500
1143	which is consumed at a single sitting or event if such in-kind
1144	contribution is accepted in advance by a person specified in
1145	sub-subparagraph a.
1146	c. A person described in sub-subparagraph a. may accept an
1147	in-kind contribution requiring prior written notice only in a
1148	writing that is signed and dated before the in-kind contribution
1149	is made. Failure to obtain the required written acceptance of an
1150	in-kind contribution to a state or county political party or
1151	affiliated party committee constitutes a refusal of the
1152	contribution.
1153	d. A copy of each prior written acceptance required under
1154	sub-subparagraph c. must be filed with the division at the time
1155	the regular reports of contributions and expenditures required
1156	under s. 106.29 are filed by the state executive committee, and
1157	county executive committee, and affiliated party committee.
1158	e. An in-kind contribution may not be given to a state or
1159	county political party or affiliated party committee unless the
1160	in-kind contribution is made as provided in this subparagraph.
1161	(7)(a) Any person who knowingly and willfully makes or
1162	accepts no more than one contribution in violation of subsection
1163	(1) or subsection (5), or any person who knowingly and willfully
1164	fails or refuses to return any contribution as required in
1165	subsection (3), commits a misdemeanor of the first degree,
1166	punishable as provided in s. 775.082 or s. 775.083. If any
1167	corporation, partnership, or other business entity or any
1168	political party, affiliated party committee, political
1169	committee, committee of continuous existence, or electioneering
1170	communications organization is convicted of knowingly and
1171	willfully violating any provision punishable under this
1172	paragraph, it shall be fined not less than $1,000 and not more
1173	than $10,000. If it is a domestic entity, it may be ordered
1174	dissolved by a court of competent jurisdiction; if it is a
1175	foreign or nonresident business entity, its right to do business
1176	in this state may be forfeited. Any officer, partner, agent,
1177	attorney, or other representative of a corporation, partnership,
1178	or other business entity, or of a political party, affiliated
1179	party committee, political committee, committee of continuous
1180	existence, electioneering communications organization, or
1181	organization exempt from taxation under s. 527 or s. 501(c)(4)
1182	of the Internal Revenue Code, who aids, abets, advises, or
1183	participates in a violation of any provision punishable under
1184	this paragraph commits a misdemeanor of the first degree,
1185	punishable as provided in s. 775.082 or s. 775.083.
1186	(b) Any person who knowingly and willfully makes or
1187	accepts two or more contributions in violation of subsection (1)
1188	or subsection (5) commits a felony of the third degree,
1189	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1190	If any corporation, partnership, or other business entity or any
1191	political party, affiliated party committee, political
1192	committee, committee of continuous existence, or electioneering
1193	communications organization is convicted of knowingly and
1194	willfully violating any provision punishable under this
1195	paragraph, it shall be fined not less than $10,000 and not more
1196	than $50,000. If it is a domestic entity, it may be ordered
1197	dissolved by a court of competent jurisdiction; if it is a
1198	foreign or nonresident business entity, its right to do business
1199	in this state may be forfeited. Any officer, partner, agent,
1200	attorney, or other representative of a corporation, partnership,
1201	or other business entity, or of a political committee, committee
1202	of continuous existence, political party, affiliated party
1203	committee, or electioneering communications organization, or
1204	organization exempt from taxation under s. 527 or s. 501(c)(4)
1205	of the Internal Revenue Code, who aids, abets, advises, or
1206	participates in a violation of any provision punishable under
1207	this paragraph commits a felony of the third degree, punishable
1208	as provided in s. 775.082, s. 775.083, or s. 775.084.
1209	Section 15. Section 106.088, Florida Statutes, is created
1210	to read:
1211	106.088 Independent expenditures; contribution limits;
1212	restrictions on affiliated party committees.-
1213	(1) As a condition of receiving a rebate of party
1214	assessments under s. 103.121(1)(b), the leader or treasurer of
1215	an affiliated party committee as defined in s. 103.092 shall
1216	take and subscribe to an oath or affirmation in writing. During
1217	the qualifying period for state candidates and prior to
1218	distribution of such funds, a printed copy of the oath or
1219	affirmation shall be filed with the Secretary of State and shall
1220	be substantially in the following form:
1221
1222	State of Florida
1223	County of_____
1224
1225	Before me, an officer authorized to administer oaths, personally
1226	appeared ...(name)..., to me well known, who, being sworn, says
1227	that he or she is the ...(title)... of the ...(name of
1228	party)......(name of chamber)... affiliated party committee;
1229	that the affiliated party committee has not made, either
1230	directly or indirectly, an independent expenditure in support of
1231	or opposition to a candidate or elected public official in the
1232	prior 6 months; that the affiliated party committee will not
1233	make, either directly or indirectly, an independent expenditure
1234	in support of or opposition to a candidate or elected public
1235	official, through and including the upcoming general election;
1236	and that the affiliated party committee will not violate the
1237	contribution limits applicable to candidates under s. 106.08(2),
1238	Florida Statutes.
1239	...(Signature of committee officer)...
1240	...(Address)...
1241	Sworn to and subscribed before me this _____ day of _____,
1242	...(year)..., at _____ County, Florida.
1243	...(Signature and title of officer administering oath)...
1244	(2)(a) Any affiliated party committee found to have
1245	violated the provisions of the oath or affirmation prior to
1246	receiving funds shall be ineligible to receive the rebate for
1247	that general election year.
1248	(b) Any affiliated party committee found to have violated
1249	the provisions of the oath or affirmation after receiving funds
1250	shall be ineligible to receive the rebate from candidates
1251	qualifying for the following general election cycle.
1252	(3) Any funds not distributed to the affiliated party
1253	committee pursuant to this section shall be deposited into the
1254	General Revenue Fund of the state.
1255	Section 16. Paragraph (a) of subsection (4) of section
1256	106.141, Florida Statutes, is amended to read:
1257	106.141 Disposition of surplus funds by candidates.-
1258	(4)(a) Except as provided in paragraph (b), any candidate
1259	required to dispose of funds pursuant to this section shall, at
1260	the option of the candidate, dispose of such funds by any of the
1261	following means, or any combination thereof:
1262	1. Return pro rata to each contributor the funds that have
1263	not been spent or obligated.
1264	2. Donate the funds that have not been spent or obligated
1265	to a charitable organization or organizations that meet the
1266	qualifications of s. 501(c)(3) of the Internal Revenue Code.
1267	3. Give not more than $10,000 of the funds that have not
1268	been spent or obligated to the affiliated party committee or
1269	political party of which such candidate is a member, except that
1270	a candidate for the Florida Senate may give not more than
1271	$30,000 of such funds to the affiliated party committee or
1272	political party of which the candidate is a member.
1273	4. Give the funds that have not been spent or obligated:
1274	a. In the case of a candidate for state office, to the
1275	state, to be deposited in either the Election Campaign Financing
1276	Trust Fund or the General Revenue Fund, as designated by the
1277	candidate; or
1278	b. In the case of a candidate for an office of a political
1279	subdivision, to such political subdivision, to be deposited in
1280	the general fund thereof.
1281	Section 17. Paragraph (a) of subsection (4) of section
1282	106.143, Florida Statutes, is amended to read:
1283	106.143 Political advertisements circulated prior to
1284	election; requirements.-
1285	(4)(a) Any political advertisement, including those paid
1286	for by a political party or affiliated party committee, other
1287	than an independent expenditure, offered by or on behalf of a
1288	candidate must be approved in advance by the candidate. Such
1289	political advertisement must expressly state that the content of
1290	the advertisement was approved by the candidate and must state
1291	who paid for the advertisement. The candidate shall provide a
1292	written statement of authorization to the newspaper, radio
1293	station, television station, or other medium for each such
1294	advertisement submitted for publication, display, broadcast, or
1295	other distribution.
1296	Section 18. Section 106.1437, Florida Statutes, is
1297	reenacted to read:
1298	106.1437 Miscellaneous advertisements.-Any advertisement,
1299	other than a political advertisement, independent expenditure,
1300	or electioneering communication, on billboards, bumper stickers,
1301	radio, or television, or in a newspaper, a magazine, or a
1302	periodical, intended to influence public policy or the vote of a
1303	public official, shall clearly designate the sponsor of such
1304	advertisement by including a clearly readable statement of
1305	sponsorship. If the advertisement is broadcast on television,
1306	the advertisement shall also contain a verbal statement of
1307	sponsorship. This section shall not apply to an editorial
1308	endorsement.
1309	Section 19. Section 106.1439, Florida Statutes, is
1310	reenacted and amended to read:
1311	106.1439 Electioneering communications; disclaimers.-
1312	(1) Any electioneering communication, other than a
1313	telephone call, shall prominently state: "Paid electioneering
1314	communication paid for by ...(Name and address of person paying
1315	for the communication)...."
1316	(2) Any electioneering communication telephone call shall
1317	identify the persons or organizations sponsoring the call by
1318	stating either: "Paid for by ...(insert name of persons or
1319	organizations sponsoring the call)...." or "Paid for on behalf
1320	of ...(insert name of persons or organizations authorizing
1321	call)...." This subsection does not apply to any telephone call
1322	in which the individual making the call is not being paid and
1323	the individuals participating in the call know each other prior
1324	to the call.
1325	(3)(2) Any person who fails to include the disclaimer
1326	prescribed in this section in any electioneering communication
1327	that is required to contain such disclaimer commits a
1328	misdemeanor of the first degree, punishable as provided in s.
1329	775.082 or s. 775.083.
1330	Section 20. Paragraphs (a) and (e) of subsection (1) and
1331	subsection (3) of section 106.147, Florida Statutes, are amended
1332	to read:
1333	106.147 Telephone solicitation; disclosure requirements;
1334	prohibitions; exemptions; penalties.-
1335	(1)(a) Any electioneering communication telephone call or
1336	any telephone call supporting or opposing a candidate, elected
1337	public official, or ballot proposal must identify the persons or
1338	organizations sponsoring the call by stating either: "paid for
1339	by _____" (insert name of persons or organizations sponsoring
1340	the call) or "paid for on behalf of _____" (insert name of
1341	persons or organizations authorizing call). This paragraph does
1342	not apply to any telephone call in which both the individual
1343	making the call is not being paid and the individuals
1344	participating in the call know each other prior to the call.
1345	(e) Any electioneering communication paid for with public
1346	funds must include a disclaimer containing the words "paid for
1347	by ...(Name of the government entity paying for the
1348	communication)...."
1349	(3)(a) Any person who willfully violates any provision of
1350	this section commits a misdemeanor of the first degree,
1351	punishable as provided in s. 775.082 or s. 775.083.
1352	(b) For purposes of paragraph (a), the term "person"
1353	includes any candidate; any officer of any political committee,
1354	committee of continuous existence, affiliated party committee,
1355	or political party executive committee; any officer, partner,
1356	attorney, or other representative of a corporation, partnership,
1357	or other business entity; and any agent or other person acting
1358	on behalf of any candidate, political committee, committee of
1359	continuous existence, affiliated party committee, political
1360	party executive committee, or corporation, partnership, or other
1361	business entity.
1362	Section 21. Section 106.165, Florida Statutes, is amended
1363	to read:
1364	106.165 Use of closed captioning and descriptive narrative
1365	in all television broadcasts.-Each candidate, political party,
1366	affiliated party committee, and political committee must use
1367	closed captioning and descriptive narrative in all television
1368	broadcasts regulated by the Federal Communications Commission
1369	that are on behalf of, or sponsored by, a candidate, political
1370	party, affiliated party committee, or political committee or
1371	must file a written statement with the qualifying officer
1372	setting forth the reasons for not doing so. Failure to file this
1373	statement with the appropriate qualifying officer constitutes a
1374	violation of the Florida Election Code and is under the
1375	jurisdiction of the Florida Elections Commission. The Department
1376	of State may adopt rules in accordance with s. 120.54 which are
1377	necessary to administer this section.
1378	Section 22. Section 106.17, Florida Statutes, is reenacted
1379	and amended to read:
1380	106.17 Polls and surveys relating to candidacies.-Any
1381	candidate, political committee, committee of continuous
1382	existence, electioneering communication organization, affiliated
1383	party committee, or state or county executive committee of a
1384	political party may authorize or conduct a political poll,
1385	survey, index, or measurement of any kind relating to candidacy
1386	for public office so long as the candidate, political committee,
1387	committee of continuous existence, electioneering communication
1388	organization, affiliated party committee, or political party
1389	maintains complete jurisdiction over the poll in all its
1390	aspects.
1391	Section 23. Subsection (2) of section 106.23, Florida
1392	Statutes, is amended to read:
1393	106.23 Powers of the Division of Elections.-
1394	(2) The Division of Elections shall provide advisory
1395	opinions when requested by any supervisor of elections,
1396	candidate, local officer having election-related duties,
1397	political party, affiliated party committee, political
1398	committee, committee of continuous existence, or other person or
1399	organization engaged in political activity, relating to any
1400	provisions or possible violations of Florida election laws with
1401	respect to actions such supervisor, candidate, local officer
1402	having election-related duties, political party, affiliated
1403	party committee, committee, person, or organization has taken or
1404	proposes to take. Requests for advisory opinions must be
1405	submitted in accordance with rules adopted by the Department of
1406	State. A written record of all such opinions issued by the
1407	division, sequentially numbered, dated, and indexed by subject
1408	matter, shall be retained. A copy shall be sent to said person
1409	or organization upon request. Any such person or organization,
1410	acting in good faith upon such an advisory opinion, shall not be
1411	subject to any criminal penalty provided for in this chapter.
1412	The opinion, until amended or revoked, shall be binding on any
1413	person or organization who sought the opinion or with reference
1414	to whom the opinion was sought, unless material facts were
1415	omitted or misstated in the request for the advisory opinion.
1416	Section 24. Subsections (1) and (2) of section 106.265,
1417	Florida Statutes, are amended to read:
1418	106.265 Civil penalties.-
1419	(1) The commission is authorized upon the finding of a
1420	violation of this chapter or chapter 104 to impose civil
1421	penalties in the form of fines not to exceed $1,000 per count.
1422	In determining the amount of such civil penalties, the
1423	commission shall consider, among other mitigating and
1424	aggravating circumstances:
1425	(a) The gravity of the act or omission;
1426	(b) Any previous history of similar acts or omissions;
1427	(c) The appropriateness of such penalty to the financial
1428	resources of the person, political committee, committee of
1429	continuous existence, affiliated party committee, or political
1430	party; and
1431	(d) Whether the person, political committee, committee of
1432	continuous existence, affiliated party committee, or political
1433	party has shown good faith in attempting to comply with the
1434	provisions of this chapter or chapter 104.
1435	(2) If any person, political committee, committee of
1436	continuous existence, affiliated party committee, or political
1437	party fails or refuses to pay to the commission any civil
1438	penalties assessed pursuant to the provisions of this section,
1439	the commission shall be responsible for collecting the civil
1440	penalties resulting from such action.
1441	Section 25. Subsection (2) of section 106.27, Florida
1442	Statutes, is amended to read:
1443	106.27 Determinations by commission; legal disposition.-
1444	(2) Civil actions may be brought by the commission for
1445	relief, including permanent or temporary injunctions,
1446	restraining orders, or any other appropriate order for the
1447	imposition of civil penalties provided by this chapter. Such
1448	civil actions shall be brought by the commission in the
1449	appropriate court of competent jurisdiction, and the venue shall
1450	be in the county in which the alleged violation occurred or in
1451	which the alleged violator or violators are found, reside, or
1452	transact business. Upon a proper showing that such person,
1453	political committee, committee of continuous existence,
1454	affiliated party committee, or political party has engaged, or
1455	is about to engage, in prohibited acts or practices, a permanent
1456	or temporary injunction, restraining order, or other order shall
1457	be granted without bond by such court, and the civil fines
1458	provided by this chapter may be imposed.
1459	Section 26. Section 106.29, Florida Statutes, is amended
1460	to read:
1461	106.29 Reports by political parties and affiliated party
1462	committees; restrictions on contributions and expenditures;
1463	penalties.-
1464	(1) The state executive committee and each county
1465	executive committee of each political party and any affiliated
1466	party committee regulated by chapter 103 shall file regular
1467	reports of all contributions received and all expenditures made
1468	by such committee. Such reports shall contain the same
1469	information as do reports required of candidates by s. 106.07
1470	and shall be filed on the 10th day following the end of each
1471	calendar quarter, except that, during the period from the last
1472	day for candidate qualifying until the general election, such
1473	reports shall be filed on the Friday immediately preceding both
1474	the primary election and the general election. In addition to
1475	the reports filed under this section, the state executive
1476	committee, and each county executive committee, and each
1477	affiliated party committee shall file a copy of each prior
1478	written acceptance of an in-kind contribution given by the
1479	committee during the preceding calendar quarter as required
1480	under s. 106.08(6). Each state executive committee and
1481	affiliated party committee shall file the original and one copy
1482	of its reports with the Division of Elections. Each county
1483	executive committee shall file its reports with the supervisor
1484	of elections in the county in which such committee exists. Any
1485	state or county executive committee or affiliated party
1486	committee failing to file a report on the designated due date
1487	shall be subject to a fine as provided in subsection (3). No
1488	separate fine shall be assessed for failure to file a copy of
1489	any report required by this section.
1490	(2) The chair and treasurer of each state or county
1491	executive committee shall certify as to the correctness of each
1492	report filed by them on behalf of such committee. The leader and
1493	treasurer of each affiliated party committee under s. 103.092
1494	shall certify as to the correctness of each report filed by them
1495	on behalf of such committee. Any committee chair, leader, or
1496	treasurer who certifies the correctness of any report while
1497	knowing that such report is incorrect, false, or incomplete
1498	commits a felony of the third degree, punishable as provided in
1499	s. 775.082, s. 775.083, or s. 775.084.
1500	(3)(a) Any state or county executive committee or
1501	affiliated party committee failing to file a report on the
1502	designated due date shall be subject to a fine as provided in
1503	paragraph (b) for each late day. The fine shall be assessed by
1504	the filing officer, and the moneys collected shall be deposited
1505	in the General Revenue Fund.
1506	(b) Upon determining that a report is late, the filing
1507	officer shall immediately notify the chair of the executive
1508	committee or the leader of the affiliated party committee as
1509	defined in s. 103.092 as to the failure to file a report by the
1510	designated due date and that a fine is being assessed for each
1511	late day. The fine shall be $1,000 for a state executive
1512	committee, $1,000 for an affiliated party committee, and $50 for
1513	a county executive committee, per day for each late day, not to
1514	exceed 25 percent of the total receipts or expenditures,
1515	whichever is greater, for the period covered by the late report.
1516	However, if an executive committee or an affiliated party
1517	committee fails to file a report on the Friday immediately
1518	preceding the general election, the fine shall be $10,000 per
1519	day for each day a state executive committee is late, $10,000
1520	per day for each day an affiliated party committee is late, and
1521	$500 per day for each day a county executive committee is late.
1522	Upon receipt of the report, the filing officer shall determine
1523	the amount of the fine which is due and shall notify the chair
1524	or leader as defined in s. 103.092. The filing officer shall
1525	determine the amount of the fine due based upon the earliest of
1526	the following:
1527	1. When the report is actually received by such officer.
1528	2. When the report is postmarked.
1529	3. When the certificate of mailing is dated.
1530	4. When the receipt from an established courier company is
1531	dated.
1532	5. When the electronic receipt issued pursuant to s.
1533	106.0705 is dated.
1534
1535	Such fine shall be paid to the filing officer within 20 days
1536	after receipt of the notice of payment due, unless appeal is
1537	made to the Florida Elections Commission pursuant to paragraph
1538	(c). An officer or member of an executive committee shall not be
1539	personally liable for such fine.
1540	(c) The chair of an executive committee or the leader of
1541	an affiliated party committee as defined in s. 103.092 may
1542	appeal or dispute the fine, based upon unusual circumstances
1543	surrounding the failure to file on the designated due date, and
1544	may request and shall be entitled to a hearing before the
1545	Florida Elections Commission, which shall have the authority to
1546	waive the fine in whole or in part. Any such request shall be
1547	made within 20 days after receipt of the notice of payment due.
1548	In such case, the chair of the executive committee or the leader
1549	of the affiliated party committee as defined in s. 103.092
1550	shall, within the 20-day period, notify the filing officer in
1551	writing of his or her intention to bring the matter before the
1552	commission.
1553	(d) The appropriate filing officer shall notify the
1554	Florida Elections Commission of the repeated late filing by an
1555	executive committee or affiliated party committee, the failure
1556	of an executive committee or affiliated party committee to file
1557	a report after notice, or the failure to pay the fine imposed.
1558	(4) Any contribution received by a state or county
1559	executive committee or affiliated party committee less than 5
1560	days before an election shall not be used or expended in behalf
1561	of any candidate, issue, affiliated party committee, or
1562	political party participating in such election.
1563	(5) No state or county executive committee or affiliated
1564	party committee, in the furtherance of any candidate or
1565	political party, directly or indirectly, shall give, pay, or
1566	expend any money, give or pay anything of value, authorize any
1567	expenditure, or become pecuniarily liable for any expenditure
1568	prohibited by this chapter. However, the contribution of funds
1569	by one executive committee to another or to established party
1570	organizations for legitimate party or campaign purposes is not
1571	prohibited, but all such contributions shall be recorded and
1572	accounted for in the reports of the contributor and recipient.
1573	(6)(a) The national, state, and county executive
1574	committees of a political party and affiliated party committees
1575	may not contribute to any candidate any amount in excess of the
1576	limits contained in s. 106.08(2), and all contributions required
1577	to be reported under s. 106.08(2) by the national executive
1578	committee of a political party shall be reported by the state
1579	executive committee of that political party.
1580	(b) A violation of the contribution limits contained in s.
1581	106.08(2) is a misdemeanor of the first degree, punishable as
1582	provided in s. 775.082 or s. 775.083. A civil penalty equal to
1583	three times the amount in excess of the limits contained in s.
1584	106.08(2) shall be assessed against any executive committee
1585	found in violation thereof.
1586	Section 27. Paragraph (d) of subsection (1) of section
1587	11.045, Florida Statutes, is amended to read:
1588	11.045 Lobbying before the Legislature; registration and
1589	reporting; exemptions; penalties.-
1590	(1) As used in this section, unless the context otherwise
1591	requires:
1592	(d) "Expenditure" means a payment, distribution, loan,
1593	advance, reimbursement, deposit, or anything of value made by a
1594	lobbyist or principal for the purpose of lobbying. The term
1595	"expenditure" does not include contributions or expenditures
1596	reported pursuant to chapter 106 or federal election law,
1597	campaign-related personal services provided without compensation
1598	by individuals volunteering their time, any other contribution
1599	or expenditure made by or to a political party or affiliated
1600	party committee, or any other contribution or expenditure made
1601	by an organization that is exempt from taxation under 26 U.S.C.
1602	s. 527 or s. 501(c)(4).
1603	Section 28. Paragraph (b) of subsection (12) of section
1604	112.312, Florida Statutes, is amended to read:
1605	112.312 Definitions.-As used in this part and for purposes
1606	of the provisions of s. 8, Art. II of the State Constitution,
1607	unless the context otherwise requires:
1608	(12)
1609	(b) "Gift" does not include:
1610	1. Salary, benefits, services, fees, commissions, gifts,
1611	or expenses associated primarily with the donee's employment,
1612	business, or service as an officer or director of a corporation
1613	or organization.
1614	2. Contributions or expenditures reported pursuant to
1615	chapter 106, campaign-related personal services provided without
1616	compensation by individuals volunteering their time, or any
1617	other contribution or expenditure by a political party or
1618	affiliated party committee.
1619	3. An honorarium or an expense related to an honorarium
1620	event paid to a person or the person's spouse.
1621	4. An award, plaque, certificate, or similar personalized
1622	item given in recognition of the donee's public, civic,
1623	charitable, or professional service.
1624	5. An honorary membership in a service or fraternal
1625	organization presented merely as a courtesy by such
1626	organization.
1627	6. The use of a public facility or public property, made
1628	available by a governmental agency, for a public purpose.
1629	7. Transportation provided to a public officer or employee
1630	by an agency in relation to officially approved governmental
1631	business.
1632	8. Gifts provided directly or indirectly by a state,
1633	regional, or national organization which promotes the exchange
1634	of ideas between, or the professional development of,
1635	governmental officials or employees, and whose membership is
1636	primarily composed of elected or appointed public officials or
1637	staff, to members of that organization or officials or staff of
1638	a governmental agency that is a member of that organization.
1639	Section 29. Paragraph (d) of subsection (1) of section
1640	112.3215, Florida Statutes, is amended to read:
1641	112.3215 Lobbying before the executive branch or the
1642	Constitution Revision Commission; registration and reporting;
1643	investigation by commission.-
1644	(1) For the purposes of this section:
1645	(d) "Expenditure" means a payment, distribution, loan,
1646	advance, reimbursement, deposit, or anything of value made by a
1647	lobbyist or principal for the purpose of lobbying. The term
1648	"expenditure" does not include contributions or expenditures
1649	reported pursuant to chapter 106 or federal election law,
1650	campaign-related personal services provided without compensation
1651	by individuals volunteering their time, any other contribution
1652	or expenditure made by or to a political party or an affiliated
1653	party committee, or any other contribution or expenditure made
1654	by an organization that is exempt from taxation under 26 U.S.C.
1655	s. 527 or s. 501(c)(4).
1656	Section 30. This act shall take effect July 1, 2010.

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