| 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 | 106.113, F.S., relating to expenditures by local |
| 74 | governments; revising definitions; prohibiting a local |
| 75 | government, or a person acting on behalf of a local |
| 76 | government, from making a specific appropriation or |
| 77 | designated expenditure of moneys under the jurisdiction or |
| 78 | control of the local government; prohibiting certain |
| 79 | persons or groups from accepting such moneys for the |
| 80 | purpose of certain political advertisements; deleting an |
| 81 | exception for certain electioneering communications; |
| 82 | clarifying that certain provisions of state law do not |
| 83 | preclude certain officials from expressing an opinion on |
| 84 | an issue at any time; amending s. 106.1439, F.S.; |
| 85 | providing identification requirements for certain |
| 86 | electioneering communications; providing an exception for |
| 87 | telephone calls; amending s. 106.147, F.S., relating to |
| 88 | telephone solicitation disclosure requirements; removing |
| 89 | requirements relating to electioneering communication, to |
| 90 | conform; revising the definition of the term "person" to |
| 91 | include an affiliated party committee; providing |
| 92 | penalties; amending s. 106.165, F.S.; adding affiliated |
| 93 | party committees to the entities that must use closed |
| 94 | captioning and descriptive narrative in all television |
| 95 | broadcasts; amending s. 106.17, F.S.; adding affiliated |
| 96 | party committees to those entities authorized to conduct |
| 97 | polls and surveys relating to candidacies; amending s. |
| 98 | 106.23, F.S.; providing that an affiliated party committee |
| 99 | shall be provided an advisory opinion by the Division of |
| 100 | Elections when requested; amending s. 106.265, F.S.; |
| 101 | authorizing the imposition of civil penalties by the |
| 102 | Florida Elections Commission for certain violations by an |
| 103 | affiliated party committee; amending s. 106.27, F.S.; |
| 104 | adding affiliated party committees to those entities |
| 105 | subject to certain determinations and legal disposition by |
| 106 | the Florida Elections Commission; amending s. 106.29, |
| 107 | F.S.; requiring filing of certain reports by an affiliated |
| 108 | party committee; providing restrictions on certain |
| 109 | expenditures and contributions; providing penalties; |
| 110 | amending s. 11.045, F.S., relating to lobbying before the |
| 111 | Legislature; excluding contributions and expenditures by |
| 112 | an affiliated party committee from the definition of the |
| 113 | term "expenditure"; amending s. 112.312, F.S.; providing |
| 114 | that certain activities pertaining to an affiliated party |
| 115 | committee are excluded from the definition of the term |
| 116 | "gift"; amending s. 112.3215, F.S., relating to lobbying |
| 117 | before the executive branch or the Constitution Revision |
| 118 | Commission; excluding contributions and expenditures by an |
| 119 | affiliated party committee from the definition of the term |
| 120 | "expenditure"; reenacting ss. 106.011(1)(b), (3), (4), |
| 121 | (18), and (19), 106.022(1), 106.03(1)(b), 106.04(5), |
| 122 | 106.0703, 106.0705(2)(b), 106.071(1), 106.08(7), 106.1437, |
| 123 | 106.1439, and 106.17, F.S., relating to definitions, |
| 124 | registered office and agent requirements, registration |
| 125 | requirements, prohibited activities for committees of |
| 126 | continuous existence, additional reporting requirements, |
| 127 | electronic filing requirements, expenditure reports, |
| 128 | penalties for violations pertaining to limitations on |
| 129 | contributions, miscellaneous advertisements, |
| 130 | electioneering communications disclaimers and penalties |
| 131 | for failure to include disclaimers, and polls and surveys |
| 132 | pertaining to candidacies, to cure and conform; providing |
| 133 | an effective date. |
| 134 |
|
| 135 | Be It Enacted by the Legislature of the State of Florida: |
| 136 |
|
| 137 | Section 1. Subsection (4) is added to section 103.081, |
| 138 | Florida Statutes, to read: |
| 139 | 103.081 Use of party name; political advertising.- |
| 140 | (4) Notwithstanding any other provision of law to the |
| 141 | contrary, an affiliated party committee shall be entitled to use |
| 142 | the name, abbreviation, or symbol of the political party of its |
| 143 | leader as defined in s. 103.092. |
| 144 | Section 2. Section 103.092, Florida Statutes, is created |
| 145 | to read: |
| 146 | 103.092 Affiliated party committees.- |
| 147 | (1) For purposes of this section, the term "leader" means |
| 148 | the President of the Senate, the Speaker of the House of |
| 149 | Representatives, or the minority leader of either house of the |
| 150 | Legislature, until a person is designated by a political party |
| 151 | conference of members of either house to succeed to any such |
| 152 | position, at which time the designee becomes the leader for |
| 153 | purposes of this section. |
| 154 | (2) The leader of each political party conference of the |
| 155 | House of Representatives and the Senate may establish a |
| 156 | separate, affiliated party committee to support the election of |
| 157 | candidates of the leader's political party. The affiliated party |
| 158 | committee is subject to the same provisions of chapter 106 as a |
| 159 | political party. |
| 160 | (3) Each affiliated party committee shall: |
| 161 | (a) Adopt bylaws to include, at a minimum, the designation |
| 162 | of a treasurer. |
| 163 | (b) Conduct campaigns for candidates who are members of |
| 164 | the leader's political party. |
| 165 | (c) Establish an account. |
| 166 | (d) Raise and expend funds. Such funds may not be expended |
| 167 | or committed to be expended except when authorized by the leader |
| 168 | of the affiliated party committee. |
| 169 | Section 3. Paragraph (b) of subsection (1) of section |
| 170 | 103.121, Florida Statutes, is amended to read: |
| 171 | 103.121 Powers and duties of executive committees.- |
| 172 | (1) |
| 173 | (b) The county executive committee shall receive payment |
| 174 | of assessments upon candidates to be voted for in a single |
| 175 | county except state senators, state and members of the House of |
| 176 | representatives, and representatives to the Congress of the |
| 177 | United States; an affiliated party committee controlled by a |
| 178 | leader of the Senate as defined in s. 103.092 shall receive |
| 179 | payment of assessments upon candidates for the office of state |
| 180 | senator and an affiliated party committee controlled by a leader |
| 181 | of the House of Representatives as defined in s. 103.092 shall |
| 182 | receive payment of assessments upon candidates for the office of |
| 183 | state representative; and the state executive committees shall |
| 184 | receive all other assessments authorized. All party assessments |
| 185 | shall be 2 percent of the annual salary of the office sought by |
| 186 | the respective candidate. All such committee assessments shall |
| 187 | be remitted to the state executive committee of the appropriate |
| 188 | party and distributed in accordance with subsection (5), except |
| 189 | that assessments for candidates for the office of state senator |
| 190 | or state representative shall be remitted to the appropriate |
| 191 | affiliated party committee. |
| 192 | Section 4. Paragraph (a) of subsection (1) of section of |
| 193 | section 106.011, Florida Statutes, is amended, paragraph (b) of |
| 194 | subsection (1) of that section is reenacted and amended, |
| 195 | subsections (3) and (4) of that section are reenacted, |
| 196 | subsections (5), (8), and (14) of that section are amended, and |
| 197 | subsections (18) and (19) of that section are reenacted and |
| 198 | amended, to read: |
| 199 | 106.011 Definitions.-As used in this chapter, the |
| 200 | following terms have the following meanings unless the context |
| 201 | clearly indicates otherwise: |
| 202 | (1)(a) "Political committee" means: |
| 203 | 1. A combination of two or more individuals, or a person |
| 204 | other than an individual, that, in an aggregate amount in excess |
| 205 | of $500 during a single calendar year: |
| 206 | a. Accepts contributions for the purpose of making |
| 207 | contributions to any candidate, political committee, committee |
| 208 | of continuous existence, affiliated party committee, or |
| 209 | political party; |
| 210 | b. Accepts contributions for the purpose of expressly |
| 211 | advocating the election or defeat of a candidate or the passage |
| 212 | or defeat of an issue; |
| 213 | c. Makes expenditures that expressly advocate the election |
| 214 | or defeat of a candidate or the passage or defeat of an issue; |
| 215 | or |
| 216 | d. Makes contributions to a common fund, other than a |
| 217 | joint checking account between spouses, from which contributions |
| 218 | are made to any candidate, political committee, committee of |
| 219 | continuous existence, affiliated party committee, or political |
| 220 | party; |
| 221 | 2. The sponsor of a proposed constitutional amendment by |
| 222 | initiative who intends to seek the signatures of registered |
| 223 | electors. |
| 224 | (b) Notwithstanding paragraph (a), the following entities |
| 225 | are not considered political committees for purposes of this |
| 226 | chapter: |
| 227 | 1. Organizations which are certified by the Department of |
| 228 | State as committees of continuous existence pursuant to s. |
| 229 | 106.04, national political parties, and the state and county |
| 230 | executive committees of political parties, and affiliated party |
| 231 | committees regulated by chapter 103. |
| 232 | 2. Corporations regulated by chapter 607 or chapter 617 or |
| 233 | other business entities formed for purposes other than to |
| 234 | support or oppose issues or candidates, if their political |
| 235 | activities are limited to contributions to candidates, political |
| 236 | parties, or political committees or expenditures in support of |
| 237 | or opposition to an issue from corporate or business funds and |
| 238 | if no contributions are received by such corporations or |
| 239 | business entities. |
| 240 | 3. Electioneering communications organizations as defined |
| 241 | in subsection (19); however, such organizations shall be |
| 242 | required to register with and report expenditures and |
| 243 | contributions, including contributions received from committees |
| 244 | of continuous existence, to the Division of Elections in the |
| 245 | same manner, at the same time, and subject to the same penalties |
| 246 | as a political committee supporting or opposing an issue or a |
| 247 | legislative candidate, except as otherwise specifically provided |
| 248 | in this chapter. |
| 249 | (3) "Contribution" means: |
| 250 | (a) A gift, subscription, conveyance, deposit, loan, |
| 251 | payment, or distribution of money or anything of value, |
| 252 | including contributions in kind having an attributable monetary |
| 253 | value in any form, made for the purpose of influencing the |
| 254 | results of an election or making an electioneering |
| 255 | communication. |
| 256 | (b) A transfer of funds between political committees, |
| 257 | between committees of continuous existence, between |
| 258 | electioneering communications organizations, or between any |
| 259 | combination of these groups. |
| 260 | (c) The payment, by any person other than a candidate or |
| 261 | political committee, of compensation for the personal services |
| 262 | of another person which are rendered to a candidate or political |
| 263 | committee without charge to the candidate or committee for such |
| 264 | services. |
| 265 | (d) The transfer of funds by a campaign treasurer or |
| 266 | deputy campaign treasurer between a primary depository and a |
| 267 | separate interest-bearing account or certificate of deposit, and |
| 268 | the term includes any interest earned on such account or |
| 269 | certificate. |
| 270 |
|
| 271 | Notwithstanding the foregoing meanings of "contribution," the |
| 272 | word shall not be construed to include services, including, but |
| 273 | not limited to, legal and accounting services, provided without |
| 274 | compensation by individuals volunteering a portion or all of |
| 275 | their time on behalf of a candidate or political committee. This |
| 276 | definition shall not be construed to include editorial |
| 277 | endorsements. |
| 278 | (4)(a) "Expenditure" means a purchase, payment, |
| 279 | distribution, loan, advance, transfer of funds by a campaign |
| 280 | treasurer or deputy campaign treasurer between a primary |
| 281 | depository and a separate interest-bearing account or |
| 282 | certificate of deposit, or gift of money or anything of value |
| 283 | made for the purpose of influencing the results of an election |
| 284 | or making an electioneering communication. However, |
| 285 | "expenditure" does not include a purchase, payment, |
| 286 | distribution, loan, advance, or gift of money or anything of |
| 287 | value made for the purpose of influencing the results of an |
| 288 | election when made by an organization, in existence prior to the |
| 289 | time during which a candidate qualifies or an issue is placed on |
| 290 | the ballot for that election, for the purpose of printing or |
| 291 | distributing such organization's newsletter, containing a |
| 292 | statement by such organization in support of or opposition to a |
| 293 | candidate or issue, which newsletter is distributed only to |
| 294 | members of such organization. |
| 295 | (b) As used in this chapter, an "expenditure" for an |
| 296 | electioneering communication is made when the earliest of the |
| 297 | following occurs: |
| 298 | 1. A person enters into a contract for applicable goods or |
| 299 | services; |
| 300 | 2. A person makes payment, in whole or in part, for the |
| 301 | production or public dissemination of applicable goods or |
| 302 | services; or |
| 303 | 3. The electioneering communication is publicly |
| 304 | disseminated. |
| 305 | (5)(a) "Independent expenditure" means an expenditure by a |
| 306 | person for the purpose of expressly advocating the election or |
| 307 | defeat of a candidate or the approval or rejection of an issue, |
| 308 | which expenditure is not controlled by, coordinated with, or |
| 309 | made upon consultation with, any candidate, political committee, |
| 310 | or agent of such candidate or committee. An expenditure for such |
| 311 | purpose by a person having a contract with the candidate, |
| 312 | political committee, or agent of such candidate or committee in |
| 313 | a given election period shall not be deemed an independent |
| 314 | expenditure. |
| 315 | (b) An expenditure for the purpose of expressly advocating |
| 316 | the election or defeat of a candidate which is made by the |
| 317 | national, state, or county executive committee of a political |
| 318 | party, including any subordinate committee of the a national, |
| 319 | state, or county committee of a political party, an affiliated |
| 320 | party committee, a or by any political committee, a or committee |
| 321 | of continuous existence, or any other person, shall not be |
| 322 | considered an independent expenditure if the committee or |
| 323 | person: |
| 324 | 1. Communicates with the candidate, the candidate's |
| 325 | campaign, or an agent of the candidate acting on behalf of the |
| 326 | candidate, including any pollster, media consultant, advertising |
| 327 | agency, vendor, advisor, or staff member, concerning the |
| 328 | preparation of, use of, or payment for, the specific expenditure |
| 329 | or advertising campaign at issue; or |
| 330 | 2. Makes a payment in cooperation, consultation, or |
| 331 | concert with, at the request or suggestion of, or pursuant to |
| 332 | any general or particular understanding with the candidate, the |
| 333 | candidate's campaign, a political committee supporting the |
| 334 | candidate, or an agent of the candidate relating to the specific |
| 335 | expenditure or advertising campaign at issue; or |
| 336 | 3. Makes a payment for the dissemination, distribution, or |
| 337 | republication, in whole or in part, of any broadcast or any |
| 338 | written, graphic, or other form of campaign material prepared by |
| 339 | the candidate, the candidate's campaign, or an agent of the |
| 340 | candidate, including any pollster, media consultant, advertising |
| 341 | agency, vendor, advisor, or staff member; or |
| 342 | 4. Makes a payment based on information about the |
| 343 | candidate's plans, projects, or needs communicated to a member |
| 344 | of the committee or person by the candidate or an agent of the |
| 345 | candidate, provided the committee or person uses the information |
| 346 | in any way, in whole or in part, either directly or indirectly, |
| 347 | to design, prepare, or pay for the specific expenditure or |
| 348 | advertising campaign at issue; or |
| 349 | 5. After the last day of qualifying for statewide or |
| 350 | legislative office, consults about the candidate's plans, |
| 351 | projects, or needs in connection with the candidate's pursuit of |
| 352 | election to office and the information is used in any way to |
| 353 | plan, create, design, or prepare an independent expenditure or |
| 354 | advertising campaign, with: |
| 355 | a. Any officer, director, employee, or agent of a |
| 356 | national, state, or county executive committee of a political |
| 357 | party or an affiliated party committee that has made or intends |
| 358 | to make expenditures in connection with or contributions to the |
| 359 | candidate; or |
| 360 | b. Any person whose professional services have been |
| 361 | retained by a national, state, or county executive committee of |
| 362 | a political party or an affiliated party committee that has made |
| 363 | or intends to make expenditures in connection with or |
| 364 | contributions to the candidate; or |
| 365 | 6. After the last day of qualifying for statewide or |
| 366 | legislative office, retains the professional services of any |
| 367 | person also providing those services to the candidate in |
| 368 | connection with the candidate's pursuit of election to office; |
| 369 | or |
| 370 | 7. Arranges, coordinates, or directs the expenditure, in |
| 371 | any way, with the candidate or an agent of the candidate. |
| 372 | (8) "Person" means an individual or a corporation, |
| 373 | association, firm, partnership, joint venture, joint stock |
| 374 | company, club, organization, estate, trust, business trust, |
| 375 | syndicate, or other combination of individuals having collective |
| 376 | capacity. The term includes a political party, affiliated party |
| 377 | committee, political committee, or committee of continuous |
| 378 | existence. |
| 379 | (14) "Filing officer" means the person before whom a |
| 380 | candidate qualifies, the agency or officer with whom a political |
| 381 | committee or an electioneering communications organization |
| 382 | registers, or the agency by whom a committee of continuous |
| 383 | existence is certified. |
| 384 | (18)(a) "Electioneering communication" means any |
| 385 | communication publicly distributed by a television station, |
| 386 | radio station, cable television system, satellite system, |
| 387 | newspaper, magazine, direct mail, or telephone a paid expression |
| 388 | in any communications media prescribed in subsection (13) by |
| 389 | means other than the spoken word in direct conversation that: |
| 390 | 1. Refers to or depicts a clearly identified candidate for |
| 391 | office or contains a clear reference indicating that an issue is |
| 392 | to be voted on at an election, without expressly advocating the |
| 393 | election or defeat of a candidate but that is susceptible of no |
| 394 | reasonable interpretation other than an appeal to vote for or |
| 395 | against a specific candidate; or the passage or defeat of an |
| 396 | issue. |
| 397 | 2. Is made within 30 days before a primary or special |
| 398 | primary election or 60 days before any other election for the |
| 399 | office sought by the candidate; and |
| 400 | 3. Is For communications referring to or depicting a |
| 401 | clearly identified candidate for office, is targeted to the |
| 402 | relevant electorate. A communication is considered targeted if |
| 403 | 1,000 or more persons in the geographic area the candidate would |
| 404 | represent if elected will receive the communication. |
| 405 | 3. For communications containing a clear reference |
| 406 | indicating that an issue is to be voted on at an election, is |
| 407 | published after the issue is designated a ballot position or 120 |
| 408 | days before the date of the election on the issue, whichever |
| 409 | occurs first. |
| 410 | (b) The term "electioneering communication" does not |
| 411 | include: |
| 412 | 1. A communication disseminated through a means of |
| 413 | communication other than a television station, radio station, |
| 414 | cable television system, satellite system, newspaper, magazine, |
| 415 | direct mail, telephone, or statement or depiction by an |
| 416 | organization, in existence prior to the time during which a |
| 417 | candidate named or depicted qualifies or an issue identified is |
| 418 | placed on the ballot for that election, made in that |
| 419 | organization's newsletter, which newsletter is distributed only |
| 420 | to members of that organization. |
| 421 | 2. A communication in a news story, commentary, or |
| 422 | editorial distributed through the facilities of any radio |
| 423 | station, television station, cable television system, or |
| 424 | satellite system, unless the facilities are owned or controlled |
| 425 | by any political party, political committee, or candidate. A |
| 426 | news story distributed through the facilities owned or |
| 427 | controlled by any political party, political committee, or |
| 428 | candidate may nevertheless be exempt if it represents a bona |
| 429 | fide news account communicated through a licensed broadcasting |
| 430 | facility and the communication is part of a general pattern of |
| 431 | campaign-related news accounts that give reasonably equal |
| 432 | coverage to all opposing candidates in the area An editorial |
| 433 | endorsement, news story, commentary, or editorial by any |
| 434 | newspaper, radio, television station, or other recognized news |
| 435 | medium. |
| 436 | 3. A communication that constitutes a public debate or |
| 437 | forum that includes at least two opposing candidates for an |
| 438 | office or one advocate and one opponent of an issue, or that |
| 439 | solely promotes such a debate or forum and is made by or on |
| 440 | behalf of the person sponsoring the debate or forum, provided |
| 441 | that: |
| 442 | a. The staging organization is either: |
| 443 | (I) A charitable organization that does not make other |
| 444 | electioneering communications and does not otherwise support or |
| 445 | oppose any political candidate or political party; or |
| 446 | (II) A newspaper, radio station, television station, or |
| 447 | other recognized news medium; and |
| 448 | b. The staging organization does not structure the debate |
| 449 | to promote or advance one candidate or issue position over |
| 450 | another. |
| 451 | (c) For purposes of this chapter, an expenditure made for, |
| 452 | or in furtherance of, an electioneering communication shall not |
| 453 | be considered a contribution to or on behalf of any candidate. |
| 454 | (d) For purposes of this chapter, an electioneering |
| 455 | communication shall not constitute an independent expenditure |
| 456 | nor be subject to the limitations applicable to independent |
| 457 | expenditures. |
| 458 | (19) "Electioneering communications organization" means |
| 459 | any group, other than a political party, affiliated party |
| 460 | committee, political committee, or committee of continuous |
| 461 | existence, whose election-related activities are limited to |
| 462 | making expenditures for electioneering communications or |
| 463 | accepting contributions for the purpose of making electioneering |
| 464 | communications and whose activities would not otherwise require |
| 465 | the group to register as a political party, political committee, |
| 466 | or committee of continuous existence under this chapter. |
| 467 | Section 5. Subsection (3) of section 106.021, Florida |
| 468 | Statutes, is amended to read: |
| 469 | 106.021 Campaign treasurers; deputies; primary and |
| 470 | secondary depositories.- |
| 471 | (3) No contribution or expenditure, including |
| 472 | contributions or expenditures of a candidate or of the |
| 473 | candidate's family, shall be directly or indirectly made or |
| 474 | received in furtherance of the candidacy of any person for |
| 475 | nomination or election to political office in the state or on |
| 476 | behalf of any political committee except through the duly |
| 477 | appointed campaign treasurer of the candidate or political |
| 478 | committee, subject to the following exceptions: |
| 479 | (a) Independent expenditures; |
| 480 | (b) Reimbursements to a candidate or any other individual |
| 481 | for expenses incurred in connection with the campaign or |
| 482 | activities of the political committee by a check drawn upon the |
| 483 | campaign account and reported pursuant to s. 106.07(4). After |
| 484 | July 1, 2004, the full name and address of each person to whom |
| 485 | the candidate or other individual made payment for which |
| 486 | reimbursement was made by check drawn upon the campaign account |
| 487 | shall be reported pursuant to s. 106.07(4), together with the |
| 488 | purpose of such payment; |
| 489 | (c) Expenditures made indirectly through a treasurer for |
| 490 | goods or services, such as communications media placement or |
| 491 | procurement services, campaign signs, insurance, or other |
| 492 | expenditures that include multiple integral components as part |
| 493 | of the expenditure and reported pursuant to s. 106.07(4)(a)13.; |
| 494 | or |
| 495 | (d) Expenditures made directly by any political committee, |
| 496 | affiliated party committee, or political party regulated by |
| 497 | chapter 103 for obtaining time, space, or services in or by any |
| 498 | communications medium for the purpose of jointly endorsing three |
| 499 | or more candidates, and any such expenditure shall not be |
| 500 | considered a contribution or expenditure to or on behalf of any |
| 501 | such candidates for the purposes of this chapter. |
| 502 | Section 6. Subsection (1) of section 106.022, Florida |
| 503 | Statutes, is reenacted to read: |
| 504 | 106.022 Appointment of a registered agent; duties.- |
| 505 | (1) Each political committee, committee of continuous |
| 506 | existence, or electioneering communications organization shall |
| 507 | have and continuously maintain in this state a registered office |
| 508 | and a registered agent and must file with the division a |
| 509 | statement of appointment for the registered office and |
| 510 | registered agent. The statement of appointment must: |
| 511 | (a) Provide the name of the registered agent and the |
| 512 | street address and phone number for the registered office; |
| 513 | (b) Identify the entity for whom the registered agent |
| 514 | serves; |
| 515 | (c) Designate the address the registered agent wishes to |
| 516 | use to receive mail; |
| 517 | (d) Include the entity's undertaking to inform the |
| 518 | division of any change in such designated address; |
| 519 | (e) Provide for the registered agent's acceptance of the |
| 520 | appointment, which must confirm that the registered agent is |
| 521 | familiar with and accepts the obligations of the position as set |
| 522 | forth in this section; and |
| 523 | (f) Contain the signature of the registered agent and the |
| 524 | entity engaging the registered agent. |
| 525 | Section 7. Subsection (2) of section 106.025, Florida |
| 526 | Statutes, is amended to read: |
| 527 | 106.025 Campaign fund raisers.- |
| 528 | (2) This section shall not apply to any campaign fund |
| 529 | raiser held on behalf of a political party by the state or |
| 530 | county executive committee or an affiliated party committee of |
| 531 | such party, provided that the proceeds of such campaign fund |
| 532 | raiser are reported pursuant to s. 106.29. |
| 533 | Section 8. Paragraph (b) of subsection (1) of section |
| 534 | 106.03, Florida Statutes, is reenacted and amended, and |
| 535 | subsections (2), (4), and (7) of that section are amended, to |
| 536 | read: |
| 537 | 106.03 Registration of political committees and |
| 538 | electioneering communications organizations.- |
| 539 | (1) |
| 540 | (b)1. Each electioneering communications organization that |
| 541 | receives anticipates receiving contributions or makes making |
| 542 | expenditures during a calendar year in an aggregate amount |
| 543 | exceeding $5,000 shall file a statement of organization as |
| 544 | provided in subparagraph 2. subsection (3) by expedited delivery |
| 545 | within 24 hours after its organization or, if later, within 24 |
| 546 | hours after the date on which it receives has information that |
| 547 | causes the organization to anticipate that it will receive |
| 548 | contributions or makes make expenditures for an electioneering |
| 549 | communication in excess of $5,000. |
| 550 | 2.a. In a statewide, legislative, or multicounty election, |
| 551 | an electioneering communications organization shall file a |
| 552 | statement of organization with the Division of Elections. |
| 553 | b. In a countywide election or any election held on less |
| 554 | than a countywide basis, except as described in sub-subparagraph |
| 555 | c., an electioneering communications organization shall file a |
| 556 | statement of organization with the supervisor of elections of |
| 557 | the county in which the election is being held. |
| 558 | c. In a municipal election, an electioneering |
| 559 | communications organization shall file a statement of |
| 560 | organization with the officer before whom municipal candidates |
| 561 | qualify. |
| 562 | d. If an electioneering communications organization is |
| 563 | required to file a statement of organization with two or more |
| 564 | locations in order to comply with the requirements of this |
| 565 | subparagraph, the electioneering communications organization |
| 566 | shall file a statement of organization only with the Division of |
| 567 | Elections. |
| 568 | (2) The statement of organization shall include: |
| 569 | (a) The name, mailing address, and street address of the |
| 570 | committee or electioneering communications organization; |
| 571 | (b) The names, street addresses, and relationships of |
| 572 | affiliated or connected organizations; |
| 573 | (c) The area, scope, or jurisdiction of the committee or |
| 574 | electioneering communications organization; |
| 575 | (d) The name, mailing address, street address, and |
| 576 | position of the custodian of books and accounts; |
| 577 | (e) The name, mailing address, street address, and |
| 578 | position of other principal officers, including the treasurer |
| 579 | and deputy treasurer including officers and members of the |
| 580 | finance committee, if any; |
| 581 | (f) The name, address, office sought, and party |
| 582 | affiliation of: |
| 583 | 1. Each candidate whom the committee is supporting; |
| 584 | 2. Any other individual, if any, whom the committee is |
| 585 | supporting for nomination for election, or election, to any |
| 586 | public office whatever; |
| 587 | (g) Any issue or issues the committee such organization is |
| 588 | supporting or opposing; |
| 589 | (h) If the committee is supporting the entire ticket of |
| 590 | any party, a statement to that effect and the name of the party; |
| 591 | (i) A statement of whether the committee is a continuing |
| 592 | one; |
| 593 | (j) Plans for the disposition of residual funds which will |
| 594 | be made in the event of dissolution; |
| 595 | (k) A listing of all banks, safe-deposit boxes, or other |
| 596 | depositories used for committee or electioneering communications |
| 597 | organization funds; and |
| 598 | (l) A statement of the reports required to be filed by the |
| 599 | committee or the electioneering communications organization with |
| 600 | federal officials, if any, and the names, addresses, and |
| 601 | positions of such officials; and |
| 602 | (m) A statement of whether the electioneering |
| 603 | communications organization was formed as a newly created |
| 604 | organization during the current calendar quarter or was formed |
| 605 | from an organization existing prior to the current calendar |
| 606 | quarter. For purposes of this subsection, calendar quarters end |
| 607 | the last day of March, June, September, and December. |
| 608 | (4) Any change in information previously submitted in a |
| 609 | statement of organization shall be reported to the agency or |
| 610 | officer with whom such committee or electioneering |
| 611 | communications organization is required to register pursuant to |
| 612 | subsection (3), within 10 days following the change. |
| 613 | (7) The Division of Elections shall adopt promulgate rules |
| 614 | to prescribe the manner in which inactive committees and |
| 615 | electioneering communications organizations may be dissolved and |
| 616 | have their registration canceled. Such rules shall, at a |
| 617 | minimum, provide for: |
| 618 | (a) Notice which shall contain the facts and conduct which |
| 619 | warrant the intended action, including but not limited to |
| 620 | failure to file reports and limited activity. |
| 621 | (b) Adequate opportunity to respond. |
| 622 | (c) Appeal of the decision to the Florida Elections |
| 623 | Commission. Such appeals shall be exempt from the |
| 624 | confidentiality provisions of s. 106.25. |
| 625 | Section 9. Paragraph (c) of subsection (4) of section |
| 626 | 106.04, Florida Statutes, is amended, and subsection (5) of that |
| 627 | section is reenacted, to read: |
| 628 | 106.04 Committees of continuous existence.- |
| 629 | (4) |
| 630 | (c) All committees of continuous existence shall file |
| 631 | their reports with the Division of Elections. Reports shall be |
| 632 | filed in accordance with s. 106.0705 and shall contain the |
| 633 | following information: |
| 634 | 1. The full name, address, and occupation of each person |
| 635 | who has made one or more contributions, including contributions |
| 636 | that represent the payment of membership dues, to the committee |
| 637 | during the reporting period, together with the amounts and dates |
| 638 | of such contributions. For corporations, the report must provide |
| 639 | as clear a description as practicable of the principal type of |
| 640 | business conducted by the corporation. However, if the |
| 641 | contribution is $100 or less, the occupation of the contributor |
| 642 | or principal type of business need not be listed. However, for |
| 643 | any contributions that represent the payment of dues by members |
| 644 | in a fixed amount aggregating no more than $250 per calendar |
| 645 | year, pursuant to the schedule on file with the Division of |
| 646 | Elections, only the aggregate amount of such contributions need |
| 647 | be listed, together with the number of members paying such dues |
| 648 | and the amount of the membership dues. |
| 649 | 2. The name and address of each political committee or |
| 650 | committee of continuous existence from which the reporting |
| 651 | committee received, or the name and address of each political |
| 652 | committee, committee of continuous existence, affiliated party |
| 653 | committee, or political party to which it made, any transfer of |
| 654 | funds, together with the amounts and dates of all transfers. |
| 655 | 3. Any other receipt of funds not listed pursuant to |
| 656 | subparagraph 1. or subparagraph 2., including the sources and |
| 657 | amounts of all such funds. |
| 658 | 4. The name and address of, and office sought by, each |
| 659 | candidate to whom the committee has made a contribution during |
| 660 | the reporting period, together with the amount and date of each |
| 661 | contribution. |
| 662 | 5. The full name and address of each person to whom |
| 663 | expenditures have been made by or on behalf of the committee |
| 664 | within the reporting period; the amount, date, and purpose of |
| 665 | each such expenditure; and the name and address, and office |
| 666 | sought by, each candidate on whose behalf such expenditure was |
| 667 | made. |
| 668 | 6. The full name and address of each person to whom an |
| 669 | expenditure for personal services, salary, or reimbursement for |
| 670 | authorized expenses has been made, including the full name and |
| 671 | address of each entity to whom the person made payment for which |
| 672 | reimbursement was made by check drawn upon the committee |
| 673 | account, together with the amount and purpose of such payment. |
| 674 | 7. Transaction information from each credit card statement |
| 675 | that will be included in the next report following receipt |
| 676 | thereof by the committee. Receipts for each credit card purchase |
| 677 | shall be retained by the treasurer with the records for the |
| 678 | committee account. |
| 679 | 8. The total sum of expenditures made by the committee |
| 680 | during the reporting period. |
| 681 | (5) No committee of continuous existence shall make an |
| 682 | electioneering communication, contribute to any candidate or |
| 683 | political committee an amount in excess of the limits contained |
| 684 | in s. 106.08(1), or participate in any activity which is |
| 685 | prohibited by this chapter. If any violation occurs, it shall be |
| 686 | punishable as provided in this chapter for the given offense. No |
| 687 | funds of a committee of continuous existence shall be expended |
| 688 | on behalf of a candidate, except by means of a contribution made |
| 689 | through the duly appointed campaign treasurer of a candidate. No |
| 690 | such committee shall make expenditures in support of, or in |
| 691 | opposition to, an issue unless such committee first registers as |
| 692 | a political committee pursuant to this chapter and undertakes |
| 693 | all the practices and procedures required thereof; provided such |
| 694 | committee may make contributions in a total amount not to exceed |
| 695 | 25 percent of its aggregate income, as reflected in the annual |
| 696 | report filed for the previous year, to one or more political |
| 697 | committees registered pursuant to s. 106.03 and formed to |
| 698 | support or oppose issues. |
| 699 | Section 10. Subsection (5) of section 106.0701, Florida |
| 700 | Statutes, is amended to read: |
| 701 | 106.0701 Solicitation of contributions on behalf of s. 527 |
| 702 | or s. 501(c)(4) organizations; reporting requirements; civil |
| 703 | penalty; exemption.- |
| 704 | (5) The filing requirements of subsection (1) do not apply |
| 705 | to an individual acting on behalf of his or her own campaign, or |
| 706 | a political party, or an affiliated party committee of which the |
| 707 | individual is a member. |
| 708 | Section 11. Section 106.0703, Florida Statutes, is |
| 709 | reenacted and amended to read: |
| 710 | 106.0703 Electioneering communications organizations; |
| 711 | additional reporting requirements; certification and filing; |
| 712 | penalties.- |
| 713 | (1)(a) Each electioneering communications organization |
| 714 | shall file regular reports of all contributions received and all |
| 715 | expenditures made by or on behalf of the organization. Reports |
| 716 | shall be filed on the 10th day following the end of each |
| 717 | calendar quarter from the time the organization is registered. |
| 718 | However, if the 10th day following the end of a calendar quarter |
| 719 | occurs on a Saturday, Sunday, or legal holiday, the report shall |
| 720 | be filed on the next following day that is not a Saturday, |
| 721 | Sunday, or legal holiday. Quarterly reports shall include all |
| 722 | contributions received and expenditures made during the calendar |
| 723 | quarter that have not otherwise been reported pursuant to this |
| 724 | section. |
| 725 | (b) Following the last day of candidates qualifying for |
| 726 | office, the reports shall be filed on the 32nd, 18th, and 4th |
| 727 | days immediately preceding the primary election and on the 46th, |
| 728 | 32nd, 18th, and 4th days immediately preceding the general |
| 729 | election. |
| 730 | (c) When a special election is called to fill a vacancy in |
| 731 | office, all electioneering communications organizations making |
| 732 | contributions or expenditures to influence the results of the |
| 733 | special election shall file reports with the filing officer on |
| 734 | the dates set by the Department of State pursuant to s. 100.111. |
| 735 | (d) The filing officer shall provide each electioneering |
| 736 | communications organization with a schedule designating the |
| 737 | beginning and end of reporting periods as well as the |
| 738 | corresponding designated due dates. |
| 739 | (2)(a) Except as provided in s. 106.0705, the reports |
| 740 | required of an electioneering communications organization shall |
| 741 | be filed with the filing officer not later than 5 p.m. of the |
| 742 | day designated. However, any report postmarked by the United |
| 743 | States Postal Service no later than midnight of the day |
| 744 | designated shall be deemed to have been filed in a timely |
| 745 | manner. Any report received by the filing officer within 5 days |
| 746 | after the designated due date that was delivered by the United |
| 747 | States Postal Service shall be deemed timely filed unless it has |
| 748 | a postmark that indicates that the report was mailed after the |
| 749 | designated due date. A certificate of mailing obtained from and |
| 750 | dated by the United States Postal Service at the time of |
| 751 | mailing, or a receipt from an established courier company, which |
| 752 | bears a date on or before the date on which the report is due, |
| 753 | shall be proof of mailing in a timely manner. Reports shall |
| 754 | contain information of all previously unreported contributions |
| 755 | received and expenditures made as of the preceding Friday, |
| 756 | except that the report filed on the Friday immediately preceding |
| 757 | the election shall contain information of all previously |
| 758 | unreported contributions received and expenditures made as of |
| 759 | the day preceding the designated due date. All such reports |
| 760 | shall be open to public inspection. |
| 761 | (b)1. Any report that is deemed to be incomplete by the |
| 762 | officer with whom the electioneering communications organization |
| 763 | files shall be accepted on a conditional basis. The treasurer of |
| 764 | the electioneering communications organization shall be |
| 765 | notified, by certified mail or other common carrier that can |
| 766 | establish proof of delivery for the notice, as to why the report |
| 767 | is incomplete. Within 7 days after receipt of such notice, the |
| 768 | treasurer must file an addendum to the report providing all |
| 769 | information necessary to complete the report in compliance with |
| 770 | this section. Failure to file a complete report after such |
| 771 | notice constitutes a violation of this chapter. |
| 772 | 2. Notice is deemed sufficient upon proof of delivery of |
| 773 | written notice to the mailing or street address of the treasurer |
| 774 | of the electioneering communication organization on record with |
| 775 | the filing officer. |
| 776 | (3)(a) Each report required by this section must contain: |
| 777 | 1. The full name, address, and occupation, if any, of each |
| 778 | person who has made one or more contributions to or for such |
| 779 | electioneering communications organization within the reporting |
| 780 | period, together with the amount and date of such contributions. |
| 781 | For corporations, the report must provide as clear a description |
| 782 | as practicable of the principal type of business conducted by |
| 783 | the corporation. However, if the contribution is $100 or less, |
| 784 | the occupation of the contributor or the principal type of |
| 785 | business need not be listed. |
| 786 | 2. The name and address of each political committee from |
| 787 | which or to which the reporting electioneering communications |
| 788 | organization made any transfer of funds, together with the |
| 789 | amounts and dates of all transfers. |
| 790 | 3. Each loan for electioneering communication purposes to |
| 791 | or from any person or political committee within the reporting |
| 792 | period, together with the full names, addresses, and occupations |
| 793 | and principal places of business, if any, of the lender and |
| 794 | endorsers, if any, and the date and amount of such loans. |
| 795 | 4. A statement of each contribution, rebate, refund, or |
| 796 | other receipt not otherwise listed under subparagraphs 1.-3. |
| 797 | 5. The total sums of all loans, in-kind contributions, and |
| 798 | other receipts by or for such electioneering communications |
| 799 | organization during the reporting period. The reporting forms |
| 800 | shall be designed to elicit separate totals for in-kind |
| 801 | contributions, loans, and other receipts. |
| 802 | 6. The full name and address of each person to whom |
| 803 | expenditures have been made by or on behalf of the |
| 804 | electioneering communications organization within the reporting |
| 805 | period and the amount, date, and purpose of each expenditure. |
| 806 | 7. The full name and address of each person to whom an |
| 807 | expenditure for personal services, salary, or reimbursement for |
| 808 | expenses has been made and that is not otherwise reported, |
| 809 | including the amount, date, and purpose of the expenditure. |
| 810 | 8. The total sum of expenditures made by the |
| 811 | electioneering communications organization during the reporting |
| 812 | period. |
| 813 | 9. The amount and nature of debts and obligations owed by |
| 814 | or to the electioneering communications organization that relate |
| 815 | to the conduct of any electioneering communication. |
| 816 | 10. Transaction information for each credit card purchase. |
| 817 | Receipts for each credit card purchase shall be retained by the |
| 818 | electioneering communications organization. |
| 819 | 11. The amount and nature of any separate interest-bearing |
| 820 | accounts or certificates of deposit and identification of the |
| 821 | financial institution in which such accounts or certificates of |
| 822 | deposit are located. |
| 823 | 12. The primary purposes of an expenditure made indirectly |
| 824 | through an electioneering communications organization for goods |
| 825 | and services, such as communications media placement or |
| 826 | procurement services and other expenditures that include |
| 827 | multiple components as part of the expenditure. The primary |
| 828 | purpose of an expenditure shall be that purpose, including |
| 829 | integral and directly related components, that comprises 80 |
| 830 | percent of such expenditure. |
| 831 | (b) The filing officer shall make available to any |
| 832 | electioneering communications organization a reporting form |
| 833 | which the electioneering communications organization may use to |
| 834 | indicate contributions received by the electioneering |
| 835 | communications organization but returned to the contributor |
| 836 | before deposit. |
| 837 | (4) The treasurer of the electioneering communications |
| 838 | organization shall certify as to the correctness of each report, |
| 839 | and each person so certifying shall bear the responsibility for |
| 840 | the accuracy and veracity of each report. Any treasurer who |
| 841 | willfully certifies the correctness of any report while knowing |
| 842 | that such report is incorrect, false, or incomplete commits a |
| 843 | misdemeanor of the first degree, punishable as provided in s. |
| 844 | 775.082 or s. 775.083. |
| 845 | (5) The electioneering communications organization |
| 846 | depository shall return all checks drawn on the account to the |
| 847 | treasurer, who shall retain the records pursuant to s. 106.06. |
| 848 | The records maintained by the depository with respect to the |
| 849 | account shall be subject to inspection by an agent of the |
| 850 | Division of Elections or the Florida Elections Commission at any |
| 851 | time during normal banking hours, and such depository shall |
| 852 | furnish certified copies of any such records to the Division of |
| 853 | Elections or the Florida Elections Commission upon request. |
| 854 | (6) Notwithstanding any other provisions of this chapter, |
| 855 | in any reporting period during which an electioneering |
| 856 | communications organization has not received funds, made any |
| 857 | contributions, or expended any reportable funds, the filing of |
| 858 | the required report for that period is waived. However, the next |
| 859 | report filed must specify that the report covers the entire |
| 860 | period between the last submitted report and the report being |
| 861 | filed, and any electioneering communications organization not |
| 862 | reporting by virtue of this subsection on dates prescribed |
| 863 | elsewhere in this chapter shall notify the filing officer in |
| 864 | writing on the prescribed reporting date that no report is being |
| 865 | filed on that date. |
| 866 | (7)(a) Any electioneering communications organization |
| 867 | failing to file a report on the designated due date shall be |
| 868 | subject to a fine as provided in paragraph (b) for each late |
| 869 | day. The fine shall be assessed by the filing officer and the |
| 870 | moneys collected shall be deposited: |
| 871 | 1. In the General Revenue Fund, in the case of an |
| 872 | electioneering communications organization that registers with |
| 873 | the Division of Elections; or |
| 874 | 2. In the general revenue fund of the political |
| 875 | subdivision, in the case of an electioneering communications |
| 876 | organization that registers with an officer of a political |
| 877 | subdivision. |
| 878 |
|
| 879 | No separate fine shall be assessed for failure to file a copy of |
| 880 | any report required by this section. |
| 881 | (b) Upon determining that a report is late, the filing |
| 882 | officer shall immediately notify the electioneering |
| 883 | communications organization as to the failure to file a report |
| 884 | by the designated due date and that a fine is being assessed for |
| 885 | each late day. The fine shall be $50 per day for the first 3 |
| 886 | days late and, thereafter, $500 per day for each late day, not |
| 887 | to exceed 25 percent of the total receipts or expenditures, |
| 888 | whichever is greater, for the period covered by the late report. |
| 889 | However, for the reports immediately preceding each primary and |
| 890 | general election, the fine shall be $500 per day for each late |
| 891 | day, not to exceed 25 percent of the total receipts or |
| 892 | expenditures, whichever is greater, for the period covered by |
| 893 | the late report. Upon receipt of the report, the filing officer |
| 894 | shall determine the amount of the fine which is due and shall |
| 895 | notify the electioneering communications organization. The |
| 896 | filing officer shall determine the amount of the fine due based |
| 897 | upon the earliest of the following: |
| 898 | 1. When the report is actually received by such officer. |
| 899 | 2. When the report is postmarked. |
| 900 | 3. When the certificate of mailing is dated. |
| 901 | 4. When the receipt from an established courier company is |
| 902 | dated. |
| 903 | 5. When the electronic receipt issued pursuant to s. |
| 904 | 106.0705 or other electronic filing system authorized in this |
| 905 | section is dated. |
| 906 |
|
| 907 | Such fine shall be paid to the filing officer within 20 days |
| 908 | after receipt of the notice of payment due, unless appeal is |
| 909 | made to the Florida Elections Commission pursuant to paragraph |
| 910 | (c). Notice is deemed sufficient upon proof of delivery of |
| 911 | written notice to the mailing or street address on record with |
| 912 | the filing officer. An officer or member of an electioneering |
| 913 | communications organization shall not be personally liable for |
| 914 | such fine. |
| 915 | (c) The treasurer of an electioneering communications |
| 916 | organization may appeal or dispute the fine, based upon, but not |
| 917 | limited to, unusual circumstances surrounding the failure to |
| 918 | file on the designated due date, and may request and shall be |
| 919 | entitled to a hearing before the Florida Elections Commission, |
| 920 | which shall have the authority to waive the fine in whole or in |
| 921 | part. The Florida Elections Commission must consider the |
| 922 | mitigating and aggravating circumstances contained in s. |
| 923 | 106.265(1) when determining the amount of a fine, if any, to be |
| 924 | waived. Any such request shall be made within 20 days after |
| 925 | receipt of the notice of payment due. In such case, the |
| 926 | treasurer of the electioneering communications organization |
| 927 | shall, within the 20-day period, notify the filing officer in |
| 928 | writing of his or her intention to bring the matter before the |
| 929 | commission. |
| 930 | (d) The appropriate filing officer shall notify the |
| 931 | Florida Elections Commission of the repeated late filing by an |
| 932 | electioneering communications organization, the failure of an |
| 933 | electioneering communications organization to file a report |
| 934 | after notice, or the failure to pay the fine imposed. The |
| 935 | commission shall investigate only those alleged late filing |
| 936 | violations specifically identified by the filing officer and as |
| 937 | set forth in the notification. Any other alleged violations must |
| 938 | be stated separately and reported by the division to the |
| 939 | commission under s. 106.25(2). |
| 940 | (8) In addition to the reporting requirements in s. |
| 941 | 106.07, An electioneering communications organization shall, |
| 942 | within 2 days after receiving its initial password or secure |
| 943 | sign-on from the Department of State allowing confidential |
| 944 | access to the department's electronic campaign finance filing |
| 945 | system, electronically file the periodic campaign finance |
| 946 | reports that would have been required pursuant to this section |
| 947 | s. 106.07 for reportable activities that occurred since the date |
| 948 | of the last general election. |
| 949 | Section 12. Paragraph (b) of subsection (2) of section |
| 950 | 106.0705, Florida Statutes, is reenacted and amended, and |
| 951 | subsections (3) and (4) of that section are amended, to read: |
| 952 | 106.0705 Electronic filing of campaign treasurer's |
| 953 | reports.- |
| 954 | (2) |
| 955 | (b) Each political committee, committee of continuous |
| 956 | existence, electioneering communications organization, |
| 957 | affiliated party committee, or state executive committee that is |
| 958 | required to file reports with the division under s. 106.04, s. |
| 959 | 106.07, s. 106.0703, or s. 106.29, as applicable, must file such |
| 960 | reports with the division by means of the division's electronic |
| 961 | filing system. |
| 962 | (3) Reports filed pursuant to this section shall be |
| 963 | completed and filed through the electronic filing system not |
| 964 | later than midnight of the day designated. Reports not filed by |
| 965 | midnight of the day designated are late filed and are subject to |
| 966 | the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7), |
| 967 | or s. 106.29(3), as applicable. |
| 968 | (4) Each report filed pursuant to this section is |
| 969 | considered to be under oath by the candidate and treasurer, or |
| 970 | the chair and treasurer, or the leader and treasurer under s. |
| 971 | 103.092, whichever is applicable, and such persons are subject |
| 972 | to the provisions of s. 106.04(4)(d), s. 106.07(5), s. |
| 973 | 106.0703(4), or s. 106.29(2), as applicable. Persons given a |
| 974 | secure sign-on to the electronic filing system are responsible |
| 975 | for protecting such from disclosure and are responsible for all |
| 976 | filings using such credentials, unless they have notified the |
| 977 | division that their credentials have been compromised. |
| 978 | Section 13. Subsection (1) of section 106.071, Florida |
| 979 | Statutes, is reenacted and amended to read: |
| 980 | 106.071 Independent expenditures; electioneering |
| 981 | communications; reports; disclaimers.- |
| 982 | (1) Each person who makes an independent expenditure with |
| 983 | respect to any candidate or issue, and each individual who makes |
| 984 | an expenditure for an electioneering communication which is not |
| 985 | otherwise reported pursuant to this chapter, which expenditure, |
| 986 | in the aggregate, is in the amount of $5,000 $100 or more, shall |
| 987 | file periodic reports of such expenditures in the same manner, |
| 988 | at the same time, subject to the same penalties, and with the |
| 989 | same officer as a political committee supporting or opposing |
| 990 | such candidate or issue. The report shall contain the full name |
| 991 | and address of the person making the expenditure; the full name |
| 992 | and address of each person to whom and for whom each such |
| 993 | expenditure has been made; the amount, date, and purpose of each |
| 994 | such expenditure; a description of the services or goods |
| 995 | obtained by each such expenditure; the issue to which the |
| 996 | expenditure relates; and the name and address of, and office |
| 997 | sought by, each candidate on whose behalf such expenditure was |
| 998 | made. |
| 999 | Section 14. Subsections (1) , (2), (4), (5), and (6) of |
| 1000 | section 106.08, Florida Statutes, are amended, and subsection |
| 1001 | (7) of that section is reenacted and amended, to read: |
| 1002 | 106.08 Contributions; limitations on.- |
| 1003 | (1)(a) Except for political parties or affiliated party |
| 1004 | committees, no person, political committee, or committee of |
| 1005 | continuous existence may, in any election, make contributions in |
| 1006 | excess of $500 to any candidate for election to or retention in |
| 1007 | office or to any political committee supporting or opposing one |
| 1008 | or more candidates. Candidates for the offices of Governor and |
| 1009 | Lieutenant Governor on the same ticket are considered a single |
| 1010 | candidate for the purpose of this section. |
| 1011 | (b)1. The contribution limits provided in this subsection |
| 1012 | do not apply to contributions made by a state or county |
| 1013 | executive committee of a political party or affiliated party |
| 1014 | committee regulated by chapter 103 or to amounts contributed by |
| 1015 | a candidate to his or her own campaign. |
| 1016 | 2. Notwithstanding the limits provided in this subsection, |
| 1017 | an unemancipated child under the age of 18 years of age may not |
| 1018 | make a contribution in excess of $100 to any candidate or to any |
| 1019 | political committee supporting one or more candidates. |
| 1020 | (c) The contribution limits of this subsection apply to |
| 1021 | each election. For purposes of this subsection, the primary |
| 1022 | election and general election are separate elections so long as |
| 1023 | the candidate is not an unopposed candidate as defined in s. |
| 1024 | 106.011(15). However, for the purpose of contribution limits |
| 1025 | with respect to candidates for retention as a justice or judge, |
| 1026 | there is only one election, which is the general election. |
| 1027 | (2)(a) A candidate may not accept contributions from |
| 1028 | national, state, or including any subordinate committee of a |
| 1029 | national, state, or county committee of a political party, and |
| 1030 | county executive committees of a political party, including any |
| 1031 | subordinate committee of such political party or affiliated |
| 1032 | party committees, which contributions in the aggregate exceed |
| 1033 | $50,000, no more than $25,000 of which may be accepted prior to |
| 1034 | the 28-day period immediately preceding the date of the general |
| 1035 | election. |
| 1036 | (b) A candidate for statewide office may not accept |
| 1037 | contributions from national, state, or county executive |
| 1038 | committees of a political party, including any subordinate |
| 1039 | committee of the a national, state, or county committee of a |
| 1040 | political party, or affiliated party committees, which |
| 1041 | contributions in the aggregate exceed $250,000, no more than |
| 1042 | $125,000 of which may be accepted prior to the 28-day period |
| 1043 | immediately preceding the date of the general election. Polling |
| 1044 | services, research services, costs for campaign staff, |
| 1045 | professional consulting services, and telephone calls are not |
| 1046 | contributions to be counted toward the contribution limits of |
| 1047 | paragraph (a) or this paragraph. Any item not expressly |
| 1048 | identified in this paragraph as nonallocable is a contribution |
| 1049 | in an amount equal to the fair market value of the item and must |
| 1050 | be counted as allocable toward the contribution limits of |
| 1051 | paragraph (a) or this paragraph. Nonallocable, in-kind |
| 1052 | contributions must be reported by the candidate under s. 106.07 |
| 1053 | and by the political party or affiliated party committee under |
| 1054 | s. 106.29. |
| 1055 | (4)(a) Any contribution received by the chair, campaign |
| 1056 | treasurer, or deputy campaign treasurer of a political committee |
| 1057 | supporting or opposing a candidate with opposition in an |
| 1058 | election or supporting or opposing an issue on the ballot in an |
| 1059 | election on the day of that election or less than 5 days prior |
| 1060 | to the day of that election may not be obligated or expended by |
| 1061 | the committee until after the date of the election. |
| 1062 | (b) Any contribution received by an electioneering |
| 1063 | communications organization on the day of an election or less |
| 1064 | than 5 days prior to the day of that election may not be |
| 1065 | obligated or expended by the organization until after the date |
| 1066 | of the election and may not be expended to pay for any |
| 1067 | obligation arising prior to the election. |
| 1068 | (5)(a) A person may not make any contribution through or |
| 1069 | in the name of another, directly or indirectly, in any election. |
| 1070 | (b) Candidates, political committees, affiliated party |
| 1071 | committees, and political parties may not solicit contributions |
| 1072 | from any religious, charitable, civic, or other causes or |
| 1073 | organizations established primarily for the public good. |
| 1074 | (c) Candidates, political committees, affiliated party |
| 1075 | committees, and political parties may not make contributions, in |
| 1076 | exchange for political support, to any religious, charitable, |
| 1077 | civic, or other cause or organization established primarily for |
| 1078 | the public good. It is not a violation of this paragraph for: |
| 1079 | 1. A candidate, political committee, affiliated party |
| 1080 | committee, or political party executive committee to make gifts |
| 1081 | of money in lieu of flowers in memory of a deceased person; |
| 1082 | 2. A candidate to continue membership in, or make regular |
| 1083 | donations from personal or business funds to, religious, |
| 1084 | political party, affiliated party committee, civic, or |
| 1085 | charitable groups of which the candidate is a member or to which |
| 1086 | the candidate has been a regular donor for more than 6 months; |
| 1087 | or |
| 1088 | 3. A candidate to purchase, with campaign funds, tickets, |
| 1089 | admission to events, or advertisements from religious, civic, |
| 1090 | political party, affiliated party committee, or charitable |
| 1091 | groups. |
| 1092 | (d) An electioneering communications organization may not |
| 1093 | accept a contribution from an organization exempt from taxation |
| 1094 | under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other |
| 1095 | than a political committee, committee of continuous existence, |
| 1096 | or political party, unless the contributing organization has |
| 1097 | registered as if the organization were an electioneering |
| 1098 | communications organization pursuant to s. 106.03 and has filed |
| 1099 | all campaign finance reports required of electioneering |
| 1100 | communications organizations pursuant to ss. 106.07 and |
| 1101 | 106.0703. |
| 1102 | (6)(a) A political party or affiliated party committee may |
| 1103 | not accept any contribution that has been specifically |
| 1104 | designated for the partial or exclusive use of a particular |
| 1105 | candidate. Any contribution so designated must be returned to |
| 1106 | the contributor and may not be used or expended by or on behalf |
| 1107 | of the candidate. Funds contributed to an affiliated party |
| 1108 | committee shall not be deemed as designated for the partial or |
| 1109 | exclusive use of a leader as defined in s. 103.092. |
| 1110 | (b)1. A political party or affiliated party committee may |
| 1111 | not accept any in-kind contribution that fails to provide a |
| 1112 | direct benefit to the political party or affiliated party |
| 1113 | committee. A "direct benefit" includes, but is not limited to, |
| 1114 | fundraising or furthering the objectives of the political party |
| 1115 | or affiliated party committee. |
| 1116 | 2.a. An in-kind contribution to a state political party |
| 1117 | may be accepted only by the chairperson of the state political |
| 1118 | party or by the chairperson's designee or designees whose names |
| 1119 | are on file with the division in a form acceptable to the |
| 1120 | division prior to the date of the written notice required in |
| 1121 | sub-subparagraph b. An in-kind contribution to a county |
| 1122 | political party may be accepted only by the chairperson of the |
| 1123 | county political party or by the county chairperson's designee |
| 1124 | or designees whose names are on file with the supervisor of |
| 1125 | elections of the respective county prior to the date of the |
| 1126 | written notice required in sub-subparagraph b. An in-kind |
| 1127 | contribution to an affiliated party committee may be accepted |
| 1128 | only by the leader of the affiliated party committee as defined |
| 1129 | in s. 103.092 or by the leader's designee or designees whose |
| 1130 | names are on file with the division in a form acceptable to the |
| 1131 | division prior to the date of the written notice required in |
| 1132 | sub-subparagraph b. |
| 1133 | b. A person making an in-kind contribution to a state |
| 1134 | political party or county political party or affiliated party |
| 1135 | committee must provide prior written notice of the contribution |
| 1136 | to a person described in sub-subparagraph a. The prior written |
| 1137 | notice must be signed and dated and may be provided by an |
| 1138 | electronic or facsimile message. However, prior written notice |
| 1139 | is not required for an in-kind contribution that consists of |
| 1140 | food and beverage in an aggregate amount not exceeding $1,500 |
| 1141 | which is consumed at a single sitting or event if such in-kind |
| 1142 | contribution is accepted in advance by a person specified in |
| 1143 | sub-subparagraph a. |
| 1144 | c. A person described in sub-subparagraph a. may accept an |
| 1145 | in-kind contribution requiring prior written notice only in a |
| 1146 | writing that is signed and dated before the in-kind contribution |
| 1147 | is made. Failure to obtain the required written acceptance of an |
| 1148 | in-kind contribution to a state or county political party or |
| 1149 | affiliated party committee constitutes a refusal of the |
| 1150 | contribution. |
| 1151 | d. A copy of each prior written acceptance required under |
| 1152 | sub-subparagraph c. must be filed with the division at the time |
| 1153 | the regular reports of contributions and expenditures required |
| 1154 | under s. 106.29 are filed by the state executive committee, and |
| 1155 | county executive committee, and affiliated party committee. |
| 1156 | e. An in-kind contribution may not be given to a state or |
| 1157 | county political party or affiliated party committee unless the |
| 1158 | in-kind contribution is made as provided in this subparagraph. |
| 1159 | (7)(a) Any person who knowingly and willfully makes or |
| 1160 | accepts no more than one contribution in violation of subsection |
| 1161 | (1) or subsection (5), or any person who knowingly and willfully |
| 1162 | fails or refuses to return any contribution as required in |
| 1163 | subsection (3), commits a misdemeanor of the first degree, |
| 1164 | punishable as provided in s. 775.082 or s. 775.083. If any |
| 1165 | corporation, partnership, or other business entity or any |
| 1166 | political party, affiliated party committee, political |
| 1167 | committee, committee of continuous existence, or electioneering |
| 1168 | communications organization is convicted of knowingly and |
| 1169 | willfully violating any provision punishable under this |
| 1170 | paragraph, it shall be fined not less than $1,000 and not more |
| 1171 | than $10,000. If it is a domestic entity, it may be ordered |
| 1172 | dissolved by a court of competent jurisdiction; if it is a |
| 1173 | foreign or nonresident business entity, its right to do business |
| 1174 | in this state may be forfeited. Any officer, partner, agent, |
| 1175 | attorney, or other representative of a corporation, partnership, |
| 1176 | or other business entity, or of a political party, affiliated |
| 1177 | party committee, political committee, committee of continuous |
| 1178 | existence, electioneering communications organization, or |
| 1179 | organization exempt from taxation under s. 527 or s. 501(c)(4) |
| 1180 | of the Internal Revenue Code, who aids, abets, advises, or |
| 1181 | participates in a violation of any provision punishable under |
| 1182 | this paragraph commits a misdemeanor of the first degree, |
| 1183 | punishable as provided in s. 775.082 or s. 775.083. |
| 1184 | (b) Any person who knowingly and willfully makes or |
| 1185 | accepts two or more contributions in violation of subsection (1) |
| 1186 | or subsection (5) commits a felony of the third degree, |
| 1187 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 1188 | If any corporation, partnership, or other business entity or any |
| 1189 | political party, affiliated party committee, political |
| 1190 | committee, committee of continuous existence, or electioneering |
| 1191 | communications organization is convicted of knowingly and |
| 1192 | willfully violating any provision punishable under this |
| 1193 | paragraph, it shall be fined not less than $10,000 and not more |
| 1194 | than $50,000. If it is a domestic entity, it may be ordered |
| 1195 | dissolved by a court of competent jurisdiction; if it is a |
| 1196 | foreign or nonresident business entity, its right to do business |
| 1197 | in this state may be forfeited. Any officer, partner, agent, |
| 1198 | attorney, or other representative of a corporation, partnership, |
| 1199 | or other business entity, or of a political committee, committee |
| 1200 | of continuous existence, political party, affiliated party |
| 1201 | committee, or electioneering communications organization, or |
| 1202 | organization exempt from taxation under s. 527 or s. 501(c)(4) |
| 1203 | of the Internal Revenue Code, who aids, abets, advises, or |
| 1204 | participates in a violation of any provision punishable under |
| 1205 | this paragraph commits a felony of the third degree, punishable |
| 1206 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 1207 | Section 15. Section 106.088, Florida Statutes, is created |
| 1208 | to read: |
| 1209 | 106.088 Independent expenditures; contribution limits; |
| 1210 | restrictions on affiliated party committees.- |
| 1211 | (1) As a condition of receiving a rebate of party |
| 1212 | assessments under s. 103.121(1)(b), the leader or treasurer of |
| 1213 | an affiliated party committee as defined in s. 103.092 shall |
| 1214 | take and subscribe to an oath or affirmation in writing. During |
| 1215 | the qualifying period for state candidates and prior to |
| 1216 | distribution of such funds, a printed copy of the oath or |
| 1217 | affirmation shall be filed with the Secretary of State and shall |
| 1218 | be substantially in the following form: |
| 1219 |
|
| 1220 | State of Florida |
| 1221 | County of_____ |
| 1222 |
|
| 1223 | Before me, an officer authorized to administer oaths, personally |
| 1224 | appeared ...(name)..., to me well known, who, being sworn, says |
| 1225 | that he or she is the ...(title)... of the ...(name of |
| 1226 | party)......(name of chamber)... affiliated party committee; |
| 1227 | that the affiliated party committee has not made, either |
| 1228 | directly or indirectly, an independent expenditure in support of |
| 1229 | or opposition to a candidate or elected public official in the |
| 1230 | prior 6 months; that the affiliated party committee will not |
| 1231 | make, either directly or indirectly, an independent expenditure |
| 1232 | in support of or opposition to a candidate or elected public |
| 1233 | official, through and including the upcoming general election; |
| 1234 | and that the affiliated party committee will not violate the |
| 1235 | contribution limits applicable to candidates under s. 106.08(2), |
| 1236 | Florida Statutes. |
| 1237 | ...(Signature of committee officer)... |
| 1238 | ...(Address)... |
| 1239 | Sworn to and subscribed before me this _____ day of _____, |
| 1240 | ...(year)..., at _____ County, Florida. |
| 1241 | ...(Signature and title of officer administering oath)... |
| 1242 | (2)(a) Any affiliated party committee found to have |
| 1243 | violated the provisions of the oath or affirmation prior to |
| 1244 | receiving funds shall be ineligible to receive the rebate for |
| 1245 | that general election year. |
| 1246 | (b) Any affiliated party committee found to have violated |
| 1247 | the provisions of the oath or affirmation after receiving funds |
| 1248 | shall be ineligible to receive the rebate from candidates |
| 1249 | qualifying for the following general election cycle. |
| 1250 | (3) Any funds not distributed to the affiliated party |
| 1251 | committee pursuant to this section shall be deposited into the |
| 1252 | General Revenue Fund of the state. |
| 1253 | Section 16. Section 106.113, Florida Statutes, is amended |
| 1254 | to read: |
| 1255 | 106.113 Expenditures by local governments.- |
| 1256 | (1) As used in this section, the term: |
| 1257 | (a) "local government" means: |
| 1258 | (a)1. A county, municipality, school district, or other |
| 1259 | political subdivision in this state; and |
| 1260 | (b)2. Any department, agency, board, bureau, district, |
| 1261 | commission, authority, or similar body of a county, |
| 1262 | municipality, school district, or other political subdivision of |
| 1263 | this state. |
| 1264 | (b) "Public funds" means all moneys under the jurisdiction |
| 1265 | or control of the local government. |
| 1266 | (2) A local government or a person acting on behalf of |
| 1267 | local government may not make a specific appropriation or |
| 1268 | designated expenditure of moneys under the jurisdiction or |
| 1269 | control of the local government expend or authorize the |
| 1270 | expenditure of, and a person or group may not accept such |
| 1271 | moneys, public funds for the purpose of a political |
| 1272 | advertisement or electioneering communication concerning an |
| 1273 | issue, referendum, or amendment, including any state question, |
| 1274 | that is subject to a vote of the electors. This subsection does |
| 1275 | not apply to an electioneering communication from a local |
| 1276 | government or a person acting on behalf of a local government |
| 1277 | which is limited to factual information. |
| 1278 | (3) With the exception of the prohibitions specified in |
| 1279 | subsection (2), this section does not preclude an elected |
| 1280 | official of the local government from expressing an opinion on |
| 1281 | any issue at any time. |
| 1282 | Section 17. Section 106.1437, Florida Statutes, is |
| 1283 | reenacted to read: |
| 1284 | 106.1437 Miscellaneous advertisements.-Any advertisement, |
| 1285 | other than a political advertisement, independent expenditure, |
| 1286 | or electioneering communication, on billboards, bumper stickers, |
| 1287 | radio, or television, or in a newspaper, a magazine, or a |
| 1288 | periodical, intended to influence public policy or the vote of a |
| 1289 | public official, shall clearly designate the sponsor of such |
| 1290 | advertisement by including a clearly readable statement of |
| 1291 | sponsorship. If the advertisement is broadcast on television, |
| 1292 | the advertisement shall also contain a verbal statement of |
| 1293 | sponsorship. This section shall not apply to an editorial |
| 1294 | endorsement. |
| 1295 | Section 18. Section 106.1439, Florida Statutes, is |
| 1296 | reenacted and amended to read: |
| 1297 | 106.1439 Electioneering communications; disclaimers.- |
| 1298 | (1) Any electioneering communication, other than a |
| 1299 | telephone call, shall prominently state: "Paid electioneering |
| 1300 | communication paid for by ...(Name and address of person paying |
| 1301 | for the communication)...." |
| 1302 | (2) Any electioneering communication telephone call shall |
| 1303 | identify the persons or organizations sponsoring the call by |
| 1304 | stating either: "Paid for by ...(insert name of persons or |
| 1305 | organizations sponsoring the call)...." or "Paid for on behalf |
| 1306 | of ...(insert name of persons or organizations authorizing |
| 1307 | call)...." This subsection does not apply to any telephone call |
| 1308 | in which the individual making the call is not being paid and |
| 1309 | the individuals participating in the call know each other prior |
| 1310 | to the call. |
| 1311 | (3)(2) Any person who fails to include the disclaimer |
| 1312 | prescribed in this section in any electioneering communication |
| 1313 | that is required to contain such disclaimer commits a |
| 1314 | misdemeanor of the first degree, punishable as provided in s. |
| 1315 | 775.082 or s. 775.083. |
| 1316 | Section 19. Paragraphs (a) and (e) of subsection (1) and |
| 1317 | subsection (3) of section 106.147, Florida Statutes, are amended |
| 1318 | to read: |
| 1319 | 106.147 Telephone solicitation; disclosure requirements; |
| 1320 | prohibitions; exemptions; penalties.- |
| 1321 | (1)(a) Any electioneering communication telephone call or |
| 1322 | any telephone call supporting or opposing a candidate, elected |
| 1323 | public official, or ballot proposal must identify the persons or |
| 1324 | organizations sponsoring the call by stating either: "paid for |
| 1325 | by _____" (insert name of persons or organizations sponsoring |
| 1326 | the call) or "paid for on behalf of _____" (insert name of |
| 1327 | persons or organizations authorizing call). This paragraph does |
| 1328 | not apply to any telephone call in which both the individual |
| 1329 | making the call is not being paid and the individuals |
| 1330 | participating in the call know each other prior to the call. |
| 1331 | (e) Any electioneering communication paid for with public |
| 1332 | funds must include a disclaimer containing the words "paid for |
| 1333 | by ...(Name of the government entity paying for the |
| 1334 | communication)...." |
| 1335 | (3)(a) Any person who willfully violates any provision of |
| 1336 | this section commits a misdemeanor of the first degree, |
| 1337 | punishable as provided in s. 775.082 or s. 775.083. |
| 1338 | (b) For purposes of paragraph (a), the term "person" |
| 1339 | includes any candidate; any officer of any political committee, |
| 1340 | committee of continuous existence, affiliated party committee, |
| 1341 | or political party executive committee; any officer, partner, |
| 1342 | attorney, or other representative of a corporation, partnership, |
| 1343 | or other business entity; and any agent or other person acting |
| 1344 | on behalf of any candidate, political committee, committee of |
| 1345 | continuous existence, affiliated party committee, political |
| 1346 | party executive committee, or corporation, partnership, or other |
| 1347 | business entity. |
| 1348 | Section 20. Section 106.165, Florida Statutes, is amended |
| 1349 | to read: |
| 1350 | 106.165 Use of closed captioning and descriptive narrative |
| 1351 | in all television broadcasts.-Each candidate, political party, |
| 1352 | affiliated party committee, and political committee must use |
| 1353 | closed captioning and descriptive narrative in all television |
| 1354 | broadcasts regulated by the Federal Communications Commission |
| 1355 | that are on behalf of, or sponsored by, a candidate, political |
| 1356 | party, affiliated party committee, or political committee or |
| 1357 | must file a written statement with the qualifying officer |
| 1358 | setting forth the reasons for not doing so. Failure to file this |
| 1359 | statement with the appropriate qualifying officer constitutes a |
| 1360 | violation of the Florida Election Code and is under the |
| 1361 | jurisdiction of the Florida Elections Commission. The Department |
| 1362 | of State may adopt rules in accordance with s. 120.54 which are |
| 1363 | necessary to administer this section. |
| 1364 | Section 21. Section 106.17, Florida Statutes, is reenacted |
| 1365 | and amended to read: |
| 1366 | 106.17 Polls and surveys relating to candidacies.-Any |
| 1367 | candidate, political committee, committee of continuous |
| 1368 | existence, electioneering communication organization, affiliated |
| 1369 | party committee, or state or county executive committee of a |
| 1370 | political party may authorize or conduct a political poll, |
| 1371 | survey, index, or measurement of any kind relating to candidacy |
| 1372 | for public office so long as the candidate, political committee, |
| 1373 | committee of continuous existence, electioneering communication |
| 1374 | organization, affiliated party committee, or political party |
| 1375 | maintains complete jurisdiction over the poll in all its |
| 1376 | aspects. |
| 1377 | Section 22. Subsection (2) of section 106.23, Florida |
| 1378 | Statutes, is amended to read: |
| 1379 | 106.23 Powers of the Division of Elections.- |
| 1380 | (2) The Division of Elections shall provide advisory |
| 1381 | opinions when requested by any supervisor of elections, |
| 1382 | candidate, local officer having election-related duties, |
| 1383 | political party, affiliated party committee, political |
| 1384 | committee, committee of continuous existence, or other person or |
| 1385 | organization engaged in political activity, relating to any |
| 1386 | provisions or possible violations of Florida election laws with |
| 1387 | respect to actions such supervisor, candidate, local officer |
| 1388 | having election-related duties, political party, affiliated |
| 1389 | party committee, committee, person, or organization has taken or |
| 1390 | proposes to take. Requests for advisory opinions must be |
| 1391 | submitted in accordance with rules adopted by the Department of |
| 1392 | State. A written record of all such opinions issued by the |
| 1393 | division, sequentially numbered, dated, and indexed by subject |
| 1394 | matter, shall be retained. A copy shall be sent to said person |
| 1395 | or organization upon request. Any such person or organization, |
| 1396 | acting in good faith upon such an advisory opinion, shall not be |
| 1397 | subject to any criminal penalty provided for in this chapter. |
| 1398 | The opinion, until amended or revoked, shall be binding on any |
| 1399 | person or organization who sought the opinion or with reference |
| 1400 | to whom the opinion was sought, unless material facts were |
| 1401 | omitted or misstated in the request for the advisory opinion. |
| 1402 | Section 23. Subsections (1) and (2) of section 106.265, |
| 1403 | Florida Statutes, are amended to read: |
| 1404 | 106.265 Civil penalties.- |
| 1405 | (1) The commission is authorized upon the finding of a |
| 1406 | violation of this chapter or chapter 104 to impose civil |
| 1407 | penalties in the form of fines not to exceed $1,000 per count. |
| 1408 | In determining the amount of such civil penalties, the |
| 1409 | commission shall consider, among other mitigating and |
| 1410 | aggravating circumstances: |
| 1411 | (a) The gravity of the act or omission; |
| 1412 | (b) Any previous history of similar acts or omissions; |
| 1413 | (c) The appropriateness of such penalty to the financial |
| 1414 | resources of the person, political committee, committee of |
| 1415 | continuous existence, affiliated party committee, or political |
| 1416 | party; and |
| 1417 | (d) Whether the person, political committee, committee of |
| 1418 | continuous existence, affiliated party committee, or political |
| 1419 | party has shown good faith in attempting to comply with the |
| 1420 | provisions of this chapter or chapter 104. |
| 1421 | (2) If any person, political committee, committee of |
| 1422 | continuous existence, affiliated party committee, or political |
| 1423 | party fails or refuses to pay to the commission any civil |
| 1424 | penalties assessed pursuant to the provisions of this section, |
| 1425 | the commission shall be responsible for collecting the civil |
| 1426 | penalties resulting from such action. |
| 1427 | Section 24. Subsection (2) of section 106.27, Florida |
| 1428 | Statutes, is amended to read: |
| 1429 | 106.27 Determinations by commission; legal disposition.- |
| 1430 | (2) Civil actions may be brought by the commission for |
| 1431 | relief, including permanent or temporary injunctions, |
| 1432 | restraining orders, or any other appropriate order for the |
| 1433 | imposition of civil penalties provided by this chapter. Such |
| 1434 | civil actions shall be brought by the commission in the |
| 1435 | appropriate court of competent jurisdiction, and the venue shall |
| 1436 | be in the county in which the alleged violation occurred or in |
| 1437 | which the alleged violator or violators are found, reside, or |
| 1438 | transact business. Upon a proper showing that such person, |
| 1439 | political committee, committee of continuous existence, |
| 1440 | affiliated party committee, or political party has engaged, or |
| 1441 | is about to engage, in prohibited acts or practices, a permanent |
| 1442 | or temporary injunction, restraining order, or other order shall |
| 1443 | be granted without bond by such court, and the civil fines |
| 1444 | provided by this chapter may be imposed. |
| 1445 | Section 25. Section 106.29, Florida Statutes, is amended |
| 1446 | to read: |
| 1447 | 106.29 Reports by political parties and affiliated party |
| 1448 | committees; restrictions on contributions and expenditures; |
| 1449 | penalties.- |
| 1450 | (1) The state executive committee and each county |
| 1451 | executive committee of each political party and any affiliated |
| 1452 | party committee regulated by chapter 103 shall file regular |
| 1453 | reports of all contributions received and all expenditures made |
| 1454 | by such committee. Such reports shall contain the same |
| 1455 | information as do reports required of candidates by s. 106.07 |
| 1456 | and shall be filed on the 10th day following the end of each |
| 1457 | calendar quarter, except that, during the period from the last |
| 1458 | day for candidate qualifying until the general election, such |
| 1459 | reports shall be filed on the Friday immediately preceding both |
| 1460 | the primary election and the general election. In addition to |
| 1461 | the reports filed under this section, the state executive |
| 1462 | committee, and each county executive committee, and each |
| 1463 | affiliated party committee shall file a copy of each prior |
| 1464 | written acceptance of an in-kind contribution given by the |
| 1465 | committee during the preceding calendar quarter as required |
| 1466 | under s. 106.08(6). Each state executive committee and |
| 1467 | affiliated party committee shall file the original and one copy |
| 1468 | of its reports with the Division of Elections. Each county |
| 1469 | executive committee shall file its reports with the supervisor |
| 1470 | of elections in the county in which such committee exists. Any |
| 1471 | state or county executive committee or affiliated party |
| 1472 | committee failing to file a report on the designated due date |
| 1473 | shall be subject to a fine as provided in subsection (3). No |
| 1474 | separate fine shall be assessed for failure to file a copy of |
| 1475 | any report required by this section. |
| 1476 | (2) The chair and treasurer of each state or county |
| 1477 | executive committee shall certify as to the correctness of each |
| 1478 | report filed by them on behalf of such committee. The leader and |
| 1479 | treasurer of each affiliated party committee under s. 103.092 |
| 1480 | shall certify as to the correctness of each report filed by them |
| 1481 | on behalf of such committee. Any committee chair, leader, or |
| 1482 | treasurer who certifies the correctness of any report while |
| 1483 | knowing that such report is incorrect, false, or incomplete |
| 1484 | commits a felony of the third degree, punishable as provided in |
| 1485 | s. 775.082, s. 775.083, or s. 775.084. |
| 1486 | (3)(a) Any state or county executive committee or |
| 1487 | affiliated party committee failing to file a report on the |
| 1488 | designated due date shall be subject to a fine as provided in |
| 1489 | paragraph (b) for each late day. The fine shall be assessed by |
| 1490 | the filing officer, and the moneys collected shall be deposited |
| 1491 | in the General Revenue Fund. |
| 1492 | (b) Upon determining that a report is late, the filing |
| 1493 | officer shall immediately notify the chair of the executive |
| 1494 | committee or the leader of the affiliated party committee as |
| 1495 | defined in s. 103.092 as to the failure to file a report by the |
| 1496 | designated due date and that a fine is being assessed for each |
| 1497 | late day. The fine shall be $1,000 for a state executive |
| 1498 | committee, $1,000 for an affiliated party committee, and $50 for |
| 1499 | a county executive committee, per day for each late day, not to |
| 1500 | exceed 25 percent of the total receipts or expenditures, |
| 1501 | whichever is greater, for the period covered by the late report. |
| 1502 | However, if an executive committee or an affiliated party |
| 1503 | committee fails to file a report on the Friday immediately |
| 1504 | preceding the general election, the fine shall be $10,000 per |
| 1505 | day for each day a state executive committee is late, $10,000 |
| 1506 | per day for each day an affiliated party committee is late, and |
| 1507 | $500 per day for each day a county executive committee is late. |
| 1508 | Upon receipt of the report, the filing officer shall determine |
| 1509 | the amount of the fine which is due and shall notify the chair |
| 1510 | or leader as defined in s. 103.092. The filing officer shall |
| 1511 | determine the amount of the fine due based upon the earliest of |
| 1512 | the following: |
| 1513 | 1. When the report is actually received by such officer. |
| 1514 | 2. When the report is postmarked. |
| 1515 | 3. When the certificate of mailing is dated. |
| 1516 | 4. When the receipt from an established courier company is |
| 1517 | dated. |
| 1518 | 5. When the electronic receipt issued pursuant to s. |
| 1519 | 106.0705 is dated. |
| 1520 |
|
| 1521 | Such fine shall be paid to the filing officer within 20 days |
| 1522 | after receipt of the notice of payment due, unless appeal is |
| 1523 | made to the Florida Elections Commission pursuant to paragraph |
| 1524 | (c). An officer or member of an executive committee shall not be |
| 1525 | personally liable for such fine. |
| 1526 | (c) The chair of an executive committee or the leader of |
| 1527 | an affiliated party committee as defined in s. 103.092 may |
| 1528 | appeal or dispute the fine, based upon unusual circumstances |
| 1529 | surrounding the failure to file on the designated due date, and |
| 1530 | may request and shall be entitled to a hearing before the |
| 1531 | Florida Elections Commission, which shall have the authority to |
| 1532 | waive the fine in whole or in part. Any such request shall be |
| 1533 | made within 20 days after receipt of the notice of payment due. |
| 1534 | In such case, the chair of the executive committee or the leader |
| 1535 | of the affiliated party committee as defined in s. 103.092 |
| 1536 | shall, within the 20-day period, notify the filing officer in |
| 1537 | writing of his or her intention to bring the matter before the |
| 1538 | commission. |
| 1539 | (d) The appropriate filing officer shall notify the |
| 1540 | Florida Elections Commission of the repeated late filing by an |
| 1541 | executive committee or affiliated party committee, the failure |
| 1542 | of an executive committee or affiliated party committee to file |
| 1543 | a report after notice, or the failure to pay the fine imposed. |
| 1544 | (4) Any contribution received by a state or county |
| 1545 | executive committee or affiliated party committee less than 5 |
| 1546 | days before an election shall not be used or expended in behalf |
| 1547 | of any candidate, issue, affiliated party committee, or |
| 1548 | political party participating in such election. |
| 1549 | (5) No state or county executive committee or affiliated |
| 1550 | party committee, in the furtherance of any candidate or |
| 1551 | political party, directly or indirectly, shall give, pay, or |
| 1552 | expend any money, give or pay anything of value, authorize any |
| 1553 | expenditure, or become pecuniarily liable for any expenditure |
| 1554 | prohibited by this chapter. However, the contribution of funds |
| 1555 | by one executive committee to another or to established party |
| 1556 | organizations for legitimate party or campaign purposes is not |
| 1557 | prohibited, but all such contributions shall be recorded and |
| 1558 | accounted for in the reports of the contributor and recipient. |
| 1559 | (6)(a) The national, state, and county executive |
| 1560 | committees of a political party and affiliated party committees |
| 1561 | may not contribute to any candidate any amount in excess of the |
| 1562 | limits contained in s. 106.08(2), and all contributions required |
| 1563 | to be reported under s. 106.08(2) by the national executive |
| 1564 | committee of a political party shall be reported by the state |
| 1565 | executive committee of that political party. |
| 1566 | (b) A violation of the contribution limits contained in s. |
| 1567 | 106.08(2) is a misdemeanor of the first degree, punishable as |
| 1568 | provided in s. 775.082 or s. 775.083. A civil penalty equal to |
| 1569 | three times the amount in excess of the limits contained in s. |
| 1570 | 106.08(2) shall be assessed against any executive committee |
| 1571 | found in violation thereof. |
| 1572 | Section 26. Paragraph (d) of subsection (1) of section |
| 1573 | 11.045, Florida Statutes, is amended to read: |
| 1574 | 11.045 Lobbying before the Legislature; registration and |
| 1575 | reporting; exemptions; penalties.- |
| 1576 | (1) As used in this section, unless the context otherwise |
| 1577 | requires: |
| 1578 | (d) "Expenditure" means a payment, distribution, loan, |
| 1579 | advance, reimbursement, deposit, or anything of value made by a |
| 1580 | lobbyist or principal for the purpose of lobbying. The term |
| 1581 | "expenditure" does not include contributions or expenditures |
| 1582 | reported pursuant to chapter 106 or federal election law, |
| 1583 | campaign-related personal services provided without compensation |
| 1584 | by individuals volunteering their time, any other contribution |
| 1585 | or expenditure made by or to a political party or affiliated |
| 1586 | party committee, or any other contribution or expenditure made |
| 1587 | by an organization that is exempt from taxation under 26 U.S.C. |
| 1588 | s. 527 or s. 501(c)(4). |
| 1589 | Section 27. Paragraph (b) of subsection (12) of section |
| 1590 | 112.312, Florida Statutes, is amended to read: |
| 1591 | 112.312 Definitions.-As used in this part and for purposes |
| 1592 | of the provisions of s. 8, Art. II of the State Constitution, |
| 1593 | unless the context otherwise requires: |
| 1594 | (12) |
| 1595 | (b) "Gift" does not include: |
| 1596 | 1. Salary, benefits, services, fees, commissions, gifts, |
| 1597 | or expenses associated primarily with the donee's employment, |
| 1598 | business, or service as an officer or director of a corporation |
| 1599 | or organization. |
| 1600 | 2. Contributions or expenditures reported pursuant to |
| 1601 | chapter 106, campaign-related personal services provided without |
| 1602 | compensation by individuals volunteering their time, or any |
| 1603 | other contribution or expenditure by a political party or |
| 1604 | affiliated party committee. |
| 1605 | 3. An honorarium or an expense related to an honorarium |
| 1606 | event paid to a person or the person's spouse. |
| 1607 | 4. An award, plaque, certificate, or similar personalized |
| 1608 | item given in recognition of the donee's public, civic, |
| 1609 | charitable, or professional service. |
| 1610 | 5. An honorary membership in a service or fraternal |
| 1611 | organization presented merely as a courtesy by such |
| 1612 | organization. |
| 1613 | 6. The use of a public facility or public property, made |
| 1614 | available by a governmental agency, for a public purpose. |
| 1615 | 7. Transportation provided to a public officer or employee |
| 1616 | by an agency in relation to officially approved governmental |
| 1617 | business. |
| 1618 | 8. Gifts provided directly or indirectly by a state, |
| 1619 | regional, or national organization which promotes the exchange |
| 1620 | of ideas between, or the professional development of, |
| 1621 | governmental officials or employees, and whose membership is |
| 1622 | primarily composed of elected or appointed public officials or |
| 1623 | staff, to members of that organization or officials or staff of |
| 1624 | a governmental agency that is a member of that organization. |
| 1625 | Section 28. Paragraph (d) of subsection (1) of section |
| 1626 | 112.3215, Florida Statutes, is amended to read: |
| 1627 | 112.3215 Lobbying before the executive branch or the |
| 1628 | Constitution Revision Commission; registration and reporting; |
| 1629 | investigation by commission.- |
| 1630 | (1) For the purposes of this section: |
| 1631 | (d) "Expenditure" means a payment, distribution, loan, |
| 1632 | advance, reimbursement, deposit, or anything of value made by a |
| 1633 | lobbyist or principal for the purpose of lobbying. The term |
| 1634 | "expenditure" does not include contributions or expenditures |
| 1635 | reported pursuant to chapter 106 or federal election law, |
| 1636 | campaign-related personal services provided without compensation |
| 1637 | by individuals volunteering their time, any other contribution |
| 1638 | or expenditure made by or to a political party or an affiliated |
| 1639 | party committee, or any other contribution or expenditure made |
| 1640 | by an organization that is exempt from taxation under 26 U.S.C. |
| 1641 | s. 527 or s. 501(c)(4). |
| 1642 | Section 29. This act shall take effect July 1, 2010. |
