Bill Text: FL S0470 | 2010 | Regular Session | Introduced
Bill Title: Political Contributions and Expenditures [GPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Ethics and Elections [S0470 Detail]
Download: Florida-2010-S0470-Introduced.html
Florida Senate - 2010 SB 470 By Senator Justice 16-00352-10 2010470__ 1 A bill to be entitled 2 An act relating to political contributions and 3 expenditures; amending s. 106.011, F.S.; redefining 4 the term “political committee”; amending s. 106.04, 5 F.S.; deleting a requirement that committees of 6 continuous existence report information relating to 7 contributions by corporations; amending s. 106.07, 8 F.S.; deleting a requirement that the campaign 9 treasurer for a candidate or a political committee 10 report information relating to contributions by 11 corporations; amending s. 106.08, F.S.; excluding 12 certain corporations and other business entities 13 formed for purposes other than to support or oppose 14 issues or candidates from the application of certain 15 limits on campaign contributions; creating s. 16 106.0805, F.S.; prohibiting corporations and other 17 businesses formed for purposes other than to support 18 or oppose issues or candidates from making certain 19 political contributions and expenditures; providing 20 that the prohibition on contributions and expenditures 21 does not apply to independent expenditures; 22 authorizing criminal penalties and fines for making or 23 accepting or aiding or abetting prohibited 24 contributions or expenditures; authorizing the 25 dissolution of a domestic corporation or other 26 domestic business entity that makes a prohibited 27 contribution or expenditure; providing that a foreign 28 corporation or other foreign business entity may 29 forfeit its right to do business in this state if it 30 makes prohibited contributions or expenditures; 31 amending s. 106.147, F.S.; redefining the term 32 “person” to exclude specified representatives of a 33 corporation or other business entity; providing an 34 effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Subsection (1) of section 106.011, Florida 39 Statutes, is amended to read: 40 106.011 Definitions.—As used in this chapter, the following 41 terms have the following meanings unless the context clearly 42 indicates otherwise: 43 (1)(a) “Political committee” means: 44 1. A combination of two or more persons, excluding 45 corporations or other business entities formed for purposes 46 other than to support or oppose issues or candidates, which 47individuals, or a person other than an individual, that, in an 48 aggregate amount in excess of $500 during a single calendar 49 year: 50 a. AcceptAcceptscontributions for the purpose of making 51 contributions to any candidate, political committee, committee 52 of continuous existence, or political party; 53 b. AcceptAcceptscontributions for the purpose of 54 expressly advocating the election or defeat of a candidate or 55 the passage or defeat of an issue; 56 c. MakeMakesexpenditures that expressly advocate the 57 election or defeat of a candidate or the passage or defeat of an 58 issue; or 59 d. MakeMakescontributions to a common fund, other than a 60 joint checking account between spouses, from which contributions 61 are made to any candidate, political committee, committee of 62 continuous existence, or political party; 63 2. The sponsor of a proposed constitutional amendment by 64 initiative who intends to seek the signatures of registered 65 electors. 66 (b) Notwithstanding paragraph (a), the following entities 67 are not considered political committees for purposes of this 68 chapter: 69 1. Organizations thatwhichare certified by the Department 70 of State as committees of continuous existence pursuant to s. 71 106.04, national political parties, and the state and county 72 executive committees of political parties regulated by chapter 73 103. 742.Corporations regulated by chapter 607 or chapter 617 or75other business entities formed for purposes other than to76support or oppose issues or candidates, if their political77activities are limited to contributions to candidates, political78parties, or political committees or expenditures in support of79or opposition to an issue from corporate or business funds and80if no contributions are received by such corporations or81business entities.82 2.3.Electioneering communications organizations as defined 83 in subsection (19); however, such organizations shallbe84required toregister with and report expenditures and 85 contributions, including contributions received from committees 86 of continuous existence, to the Division of Elections in the 87 same manner, at the same time, and subject to the same penalties 88 as a political committee supporting or opposing an issue or a 89 legislative candidate, except as otherwise specifically provided 90 in this chapter. 91 Section 2. Subsection (4) of section 106.04, Florida 92 Statutes, is amended to read: 93 106.04 Committees of continuous existence.— 94 (4)(a) Each committee of continuous existence shall file an 95 annual report with the Division of Elections during the month of 96 January. Such annual reports shall contain the same information 97 and shall be accompanied by the same materials as original 98 applications filed pursuant to subsection (2). However, the 99 charter or bylaws need not be filed if the annual report is 100 accompanied by a sworn statement by the chair that no changes 101 have been made to such charter or bylaws since the last filing. 102 (b)1. Each committee of continuous existence shall file 103 regular reports with the Division of Elections at the same times 104 and subject to the same filing conditions as are established by 105 s. 106.07(1) and (2) for candidates’ reports. 106 2. Any committee of continuous existence failing to so file 107 a report with the Division of Elections pursuant to this 108 paragraph on the designated due date shall be subject to a fine 109 for late filing as provided by this section. 110 (c) All committees of continuous existence shall file their 111 reports with the Division of Elections. Reports shall be filed 112 in accordance with s. 106.0705 and shall contain the following 113 information: 114 1. The full name, address, and occupation of each person 115 who has made one or more contributions, including contributions 116 that represent the payment of membership dues, to the committee 117 during the reporting period, together with the amounts and dates 118 of such contributions.For corporations, the report must provide119as clear a description as practicable of the principal type of120business conducted by the corporation.However, if the 121 contribution is $100 or less, the occupation of the contributor 122or principal type of businessneed not be listed. However, for 123 any contributions that represent the payment of dues by members 124 in a fixed amount aggregating no more than $250 per calendar 125 year, pursuant to the schedule on file with the Division of 126 Elections, only the aggregate amount of such contributions need 127 be listed, together with the number of members paying such dues 128 and the amount of the membership dues. 129 2. The name and address of each political committee or 130 committee of continuous existence from which the reporting 131 committee received, or the name and address of each political 132 committee, committee of continuous existence, or political party 133 to which it made, any transfer of funds, together with the 134 amounts and dates of all transfers. 135 3. Any other receipt of funds not listed pursuant to 136 subparagraph 1. or subparagraph 2., including the sources and 137 amounts of all such funds. 138 4. The name and address of, and office sought by, each 139 candidate to whom the committee has made a contribution during 140 the reporting period, together with the amount and date of each 141 contribution. 142 5. The full name and address of each person to whom 143 expenditures have been made by or on behalf of the committee 144 within the reporting period; the amount, date, and purpose of 145 each such expenditure; and the name and address, and office 146 sought by, each candidate on whose behalf such expenditure was 147 made. 148 6. The full name and address of each person to whom an 149 expenditure for personal services, salary, or reimbursement for 150 authorized expenses has been made, including the full name and 151 address of each entity to whom the person made payment for which 152 reimbursement was made by check drawn upon the committee 153 account, together with the amount and purpose of such payment. 154 7. Transaction information from each credit card statement 155 that will be included in the next report following receipt 156 thereof by the committee. Receipts for each credit card purchase 157 shall be retained by the treasurer with the records for the 158 committee account. 159 8. The total sum of expenditures made by the committee 160 during the reporting period. 161 (d) The treasurer of each committee shall certify as to the 162 correctness of each report and shall bear the responsibility for 163 its accuracy and veracity. Any treasurer who willfully certifies 164 to the correctness of a report while knowing that such report is 165 incorrect, false, or incomplete commits a misdemeanor of the 166 first degree, punishable as provided in s. 775.082 or s. 167 775.083. 168 Section 3. Subsection (4) section 106.07, Florida Statutes, 169 is amended to read: 170 106.07 Reports; certification and filing.— 171 (4)(a) Each report required by this section shall contain: 172 1. The full name, address, and occupation, if any, of each 173 person who has made one or more contributions to or for such 174 committee or candidate within the reporting period, together 175 with the amount and date of such contributions.For176corporations, the report must provide as clear a description as177practicable of the principal type of business conducted by the178corporation.However, if the contribution is $100 or less or is 179 from a relative, as defined in s. 112.312, provided that the 180 relationship is reported, the occupation of the contributoror181the principal type of businessneed not be listed. 182 2. The name and address of each political committee from 183 which the reporting committee or the candidate received, or to 184 which the reporting committee or candidate made, any transfer of 185 funds, together with the amounts and dates of all transfers. 186 3. Each loan for campaign purposes to or from any person or 187 political committee within the reporting period, together with 188 the full names, addresses, and occupations, and principal places 189 of business, if any, of the lender and endorsers, if any, and 190 the date and amount of such loans. 191 4. A statement of each contribution, rebate, refund, or 192 other receipt not otherwise listed under subparagraphs 1. 193 through 3. 194 5. The total sums of all loans, in-kind contributions, and 195 other receipts by or for such committee or candidate during the 196 reporting period. The reporting forms shall be designed to 197 elicit separate totals for in-kind contributions, loans, and 198 other receipts. 199 6. The full name and address of each person to whom 200 expenditures have been made by or on behalf of the committee or 201 candidate within the reporting period; the amount, date, and 202 purpose of each such expenditure; and the name and address of, 203 and office sought by, each candidate on whose behalf such 204 expenditure was made. However, expenditures made from the petty 205 cash fund provided by s. 106.12 need not be reported 206 individually. 207 7. The full name and address of each person to whom an 208 expenditure for personal services, salary, or reimbursement for 209 authorized expenses as provided in s. 106.021(3) has been made 210 and which is not otherwise reported, including the amount, date, 211 and purpose of such expenditure. However, expenditures made from 212 the petty cash fund provided for in s. 106.12 need not be 213 reported individually. 214 8. The total amount withdrawn and the total amount spent 215 for petty cash purposes pursuant to this chapter during the 216 reporting period. 217 9. The total sum of expenditures made by such committee or 218 candidate during the reporting period. 219 10. The amount and nature of debts and obligations owed by 220 or to the committee or candidate, which relate to the conduct of 221 any political campaign. 222 11. A copy of each credit card statement which shall be 223 included in the next report following receipt thereof by the 224 candidate or political committee. Receipts for each credit card 225 purchase shall be retained by the treasurer with the records for 226 the campaign account. 227 12. The amount and nature of any separate interest-bearing 228 accounts or certificates of deposit and identification of the 229 financial institution in which such accounts or certificates of 230 deposit are located. 231 13. The primary purposes of an expenditure made indirectly 232 through a campaign treasurer pursuant to s. 106.021(3) for goods 233 and services such as communications media placement or 234 procurement services, campaign signs, insurance, and other 235 expenditures that include multiple components as part of the 236 expenditure. The primary purpose of an expenditure shall be that 237 purpose, including integral and directly related components, 238 that comprises 80 percent of such expenditure. 239 (b) The filing officer shall make available to any 240 candidate or committee a reporting form which the candidate or 241 committee may use to indicate contributions received by the 242 candidate or committee but returned to the contributor before 243 deposit. 244 Section 4. Section 106.08, Florida Statutes, is amended to 245 read: 246 106.08 Contributions; limitations on.— 247 (1)(a) Except for political parties and corporations or 248 other business entities formed for purposes other than to 249 support or oppose issues or candidates, anoperson,political250committee, or committee of continuous existencemay not, in any 251 election, make contributions in excess of $500 to any candidate 252 for election to or retention in office or to any political 253 committee supporting or opposing one or more candidates. 254 Candidates for the offices of Governor and Lieutenant Governor 255 on the same ticket are considered a single candidate for the 256 purpose of this section. 257 (b)1. The contribution limits provided in this subsection 258 do not apply to contributions made by a state or county 259 executive committee of a political party regulated by chapter 260 103 or to amounts contributed by a candidate to his or her own 261 campaign. 262 2. Notwithstanding the limits provided in this subsection, 263 an unemancipated child under the age of 18 years of age may not 264 make a contribution in excess of $100 to any candidate or to any 265 political committee supporting one or more candidates. 266 (c) The contribution limits of this subsection apply to 267 each election. For purposes of this subsection, the primary 268 election and general election are separate elections so long as 269 the candidate is not an unopposed candidate as defined in s. 270 106.011(15). However, for the purpose of contribution limits 271 with respect to candidates for retention as a justice or judge, 272 there is only one election, which is the general election. 273 (2)(a) A candidate may not accept contributions from 274 national, state, including any subordinate committee of a 275 national, state, or county committee of a political party, and 276 county executive committees of a political party, which 277 contributions in the aggregate exceed $50,000, no more than 278 $25,000 of which may be accepted prior to the 28-day period 279 immediately preceding the date of the general election. 280 (b) A candidate for statewide office may not accept 281 contributions from national, state, or county executive 282 committees of a political party, including any subordinate 283 committee of a national, state, or county committee of a 284 political party, which contributions in the aggregate exceed 285 $250,000, no more than $125,000 of which may be accepted prior 286 to the 28-day period immediately preceding the date of the 287 general election. Polling services, research services, costs for 288 campaign staff, professional consulting services, and telephone 289 calls are not contributions to be counted toward the 290 contribution limits of paragraph (a) or this paragraph. Any item 291 not expressly identified in this paragraph as nonallocable is a 292 contribution in an amount equal to the fair market value of the 293 item and must be counted as allocable toward the contribution 294 limits of paragraph (a) or this paragraph. Nonallocable, in-kind 295 contributions must be reported by the candidate under s. 106.07 296 and by the political party under s. 106.29. 297 (3)(a) Any contribution received by a candidate with 298 opposition in an election or by the campaign treasurer or a 299 deputy campaign treasurer of such a candidate on the day of that 300 election or less than 5 days prior to the day of that election 301 must be returned by him or her to the person or committee 302 contributing it and may not be used or expended by or on behalf 303 of the candidate. 304 (b) Except as otherwise provided in paragraph (c), any 305 contribution received by a candidate or by the campaign 306 treasurer or a deputy campaign treasurer of a candidate after 307 the date at which the candidate withdraws his or her candidacy, 308 or after the date the candidate is defeated, becomes unopposed, 309 or is elected to office must be returned to the person or 310 committee contributing it and may not be used or expended by or 311 on behalf of the candidate. 312 (c) With respect to any campaign for an office in which an 313 independent or minor party candidate has filed as required in s. 314 99.0955 or s. 99.096, but whose qualification is pending a 315 determination by the Department of State or supervisor of 316 elections as to whether or not the required number of petition 317 signatures was obtained: 318 1. The department or supervisor shall, no later than 3 days 319 after that determination has been made, notify in writing all 320 other candidates for that office of that determination. 321 2. Any contribution received by a candidate or the campaign 322 treasurer or deputy campaign treasurer of a candidate after the 323 candidate has been notified in writing by the department or 324 supervisor that he or she has become unopposed as a result of an 325 independent or minor party candidate failing to obtain the 326 required number of petition signatures shall be returned to the 327 person, political committee, or committee of continuous 328 existence contributing it and shall not be used or expended by 329 or on behalf of the candidate. 330 (4)(a) Any contribution received by the chair, campaign 331 treasurer, or deputy campaign treasurer of a political committee 332 supporting or opposing a candidate with opposition in an 333 election or supporting or opposing an issue on the ballot in an 334 election on the day of that election or less than 5 days prior 335 to the day of that election may not be obligated or expended by 336 the committee until after the date of the election. 337 (b) Any contribution received by an electioneering 338 communications organization on the day of an election or less 339 than 5 days prior to the day of that election may not be 340 obligated or expended by the organization until after the date 341 of the election and may not be expended to pay for any 342 obligation arising prior to the election. 343 (5)(a) A person may not make any contribution through or in 344 the name of another, directly or indirectly, in any election. 345 (b) Candidates, political committees, and political parties 346 may not solicit contributions from any religious, charitable, 347 civic, or other causes or organizations established primarily 348 for the public good. 349 (c) Candidates, political committees, and political parties 350 may not make contributions, in exchange for political support, 351 to any religious, charitable, civic, or other cause or 352 organization established primarily for the public good. It is 353 not a violation of this paragraph for: 354 1. A candidate, political committee, or political party 355 executive committee to make gifts of money in lieu of flowers in 356 memory of a deceased person; 357 2. A candidate to continue membership in, or make regular 358 donations from personal or business funds to, religious, 359 political party, civic, or charitable groups of which the 360 candidate is a member or to which the candidate has been a 361 regular donor for more than 6 months; or 362 3. A candidate to purchase, with campaign funds, tickets, 363 admission to events, or advertisements from religious, civic, 364 political party, or charitable groups. 365 (d) An electioneering communications organization may not 366 accept a contribution from an organization exempt from taxation 367 under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other 368 than a political committee, committee of continuous existence, 369 or political party, unless the contributing organization has 370 registered as if the organization were an electioneering 371 communications organization pursuant to s. 106.03 and has filed 372 all campaign finance reports required of electioneering 373 communications organizations pursuant to ss. 106.07 and 374 106.0703. 375 (6)(a) A political party may not accept any contribution 376 that has been specifically designated for the partial or 377 exclusive use of a particular candidate. Any contribution so 378 designated must be returned to the contributor and may not be 379 used or expended by or on behalf of the candidate. 380 (b)1. A political party may not accept any in-kind 381 contribution that fails to provide a direct benefit to the 382 political party. A “direct benefit” includes, but is not limited 383 to, fundraising or furthering the objectives of the political 384 party. 385 2.a. An in-kind contribution to a state political party may 386 be accepted only by the chairperson of the state political party 387 or by the chairperson’s designee or designees whose names are on 388 file with the division in a form acceptable to the division 389 prior to the date of the written notice required in sub 390 subparagraph b. An in-kind contribution to a county political 391 party may be accepted only by the chairperson of the county 392 political party or by the county chairperson’s designee or 393 designees whose names are on file with the supervisor of 394 elections of the respective county prior to the date of the 395 written notice required in sub-subparagraph b. 396 b. A person making an in-kind contribution to a state 397 political party or county political party must provide prior 398 written notice of the contribution to a person described in sub 399 subparagraph a. The prior written notice must be signed and 400 dated and may be provided by an electronic or facsimile message. 401 However, prior written notice is not required for an in-kind 402 contribution that consists of food and beverage in an aggregate 403 amount not exceeding $1,500 which is consumed at a single 404 sitting or event if such in-kind contribution is accepted in 405 advance by a person specified in sub-subparagraph a. 406 c. A person described in sub-subparagraph a. may accept an 407 in-kind contribution requiring prior written notice only in a 408 writing that is signed and dated before the in-kind contribution 409 is made. Failure to obtain the required written acceptance of an 410 in-kind contribution to a state or county political party 411 constitutes a refusal of the contribution. 412 d. A copy of each prior written acceptance required under 413 sub-subparagraph c. must be filed with the division at the time 414 the regular reports of contributions and expenditures required 415 under s. 106.29 are filed by the state executive committee and 416 county executive committee. 417 e. An in-kind contribution may not be given to a state or 418 county political party unless the in-kind contribution is made 419 as provided in this subparagraph. 420 (7)(a) Any person who knowingly and willfully makes or 421 accepts no more than one contribution in violation of subsection 422 (1) or subsection (5), or any person who knowingly and willfully 423 fails or refuses to return any contribution as required in 424 subsection (3), commits a misdemeanor of the first degree, 425 punishable as provided in s. 775.082 or s. 775.083. If any 426corporation, partnership, or other business entity or any427 political party, political committee, committee of continuous 428 existence, or electioneering communications organization is 429 convicted of knowingly and willfully violating any provision 430 punishable under this paragraph, it shall be fined not less than 431 $1,000 and not more than $10,000.If it is a domestic entity, it432may be ordered dissolved by a court of competent jurisdiction;433if it is a foreign or nonresident business entity, its right to434do business in this state may be forfeited.Any officer, 435 partner, agent, attorney, or other representative of a 436corporation, partnership, or other business entity, or of a437 political party, political committee, committee of continuous 438 existence, electioneering communications organization, or 439 organization exempt from taxation under s. 527 or s. 501(c)(4) 440 of the Internal Revenue Code, who aids, abets, advises, or 441 participates in a violation of any provision punishable under 442 this paragraph commits a misdemeanor of the first degree, 443 punishable as provided in s. 775.082 or s. 775.083. 444 (b) Any person who knowingly and willfully makes or accepts 445 two or more contributions in violation of subsection (1) or 446 subsection (5) commits a felony of the third degree, punishable 447 as provided in s. 775.082, s. 775.083, or s. 775.084. If any 448corporation, partnership, or other business entity or any449 political party, political committee, committee of continuous 450 existence, or electioneering communications organization is 451 convicted of knowingly and willfully violating any provision 452 punishable under this paragraph, it shall be fined not less than 453 $10,000 and not more than $50,000.If it is a domestic entity,454it may be ordered dissolved by a court of competent455jurisdiction; if it is a foreign or nonresident business entity,456its right to do business in this state may be forfeited.Any 457 officer, partner, agent, attorney, or other representative of a 458corporation, partnership, or other business entity, or of a459 political committee, committee of continuous existence, 460 political party, or electioneering communications organization, 461 or organization exempt from taxation under s. 527 or s. 462 501(c)(4) of the Internal Revenue Code, who aids, abets, 463 advises, or participates in a violation of any provision 464 punishable under this paragraph commits a felony of the third 465 degree, punishable as provided in s. 775.082, s. 775.083, or s. 466 775.084. 467 (8) Except when otherwise provided in subsection (7), any 468 person who knowingly and willfully violates any provision of 469 this section shall, in addition to any other penalty prescribed 470 by this chapter, pay to the state a sum equal to twice the 471 amount contributed in violation of this chapter. Each campaign 472 treasurer shall pay all amounts contributed in violation of this 473 section to the state for deposit in the General Revenue Fund. 474 (9) This section does not apply to the transfer of funds 475 between a primary campaign depository and a savings account or 476 certificate of deposit or to any interest earned on such account 477 or certificate. 478 (10) Contributions to a political committee or committee of 479 continuous existence may be received by an affiliated 480 organization and transferred to the bank account of the 481 political committee or committee of continuous existence via 482 check written from the affiliated organization if such 483 contributions are specifically identified as intended to be 484 contributed to the political committee or committee of 485 continuous existence. All contributions received in this manner 486 shall be reported pursuant to s. 106.07 by the political 487 committee or committee of continuous existence as having been 488 made by the original contributor. 489 Section 5. Section 106.0805, Florida Statutes, is created 490 to read: 491 106.0805 Prohibition on campaign contributions and 492 expenditures by corporations.— 493 (1) A corporation or other business entity formed for 494 purposes other than to support or oppose issues or candidates 495 may not: 496 (a) Act as a committee of continuous existence, an 497 electioneering communications organization, or a political 498 committee; or 499 (b) Make a contribution to or make an expenditure for the 500 benefit of a committee of continuous existence, an 501 electioneering communications organization, a political 502 committee, a candidate for office in this state, or a political 503 party in this state, including a subordinate committee of a 504 state or county committee of a political party. 505 (2) A committee of continuous existence, an electioneering 506 organization, a political committee, a candidate for office in 507 this state, or a political party in this state, including a 508 subordinate committee of a state or county committee of a 509 political party, may not accept a contribution from or a 510 contribution by a corporation or other business entity formed 511 for purposes other than to support or oppose issues or 512 candidates. 513 (3) This section does not restrict independent 514 expenditures. 515 (4)(a) A person who knowingly and willfully makes or 516 accepts $500 or less in contributions or expenditures in 517 violation of this section commits a misdemeanor of the first 518 degree, punishable as provided in s. 775.082 or s. 775.083. A 519 corporation, partnership, or other business entity that is 520 convicted of knowingly and willfully violating this section 521 shall be fined not less than $1,000 and not more than $10,000. 522 If it is a domestic entity, it may be ordered dissolved by a 523 court of competent jurisdiction. If it is a foreign or 524 nonresident business entity, its right to do business in this 525 state may be forfeited. Any officer, partner, agent, attorney, 526 or other representative of a corporation, partnership, or other 527 business entity, or of a political party, political committee, 528 committee of continuous existence, electioneering communications 529 organization, or organization exempt from taxation under s. 527 530 or s. 501(c)(4) of the Internal Revenue Code, who aids, abets, 531 advises, or participates in a violation of any provision 532 punishable under this section commits a misdemeanor of the first 533 degree, punishable as provided in s. 775.082 or s. 775.083. 534 (b) A person who knowingly and willfully makes or accepts 535 more than $500 in contributions or expenditures in violation of 536 this section commits a felony of the third degree, punishable as 537 provided in s. 775.082, s. 775.083, or s. 775.084. If any 538 corporation, partnership, or other business entity is convicted 539 of knowingly and willfully violating this section, it shall be 540 fined not less than $10,000 and not more than $50,000. If it is 541 a domestic entity, it may be ordered dissolved by a court of 542 competent jurisdiction. If it is a foreign or nonresident 543 business entity, its right to do business in this state may be 544 forfeited. Any officer, partner, agent, attorney, or other 545 representative of a corporation, partnership, or other business 546 entity, or of a political committee, committee of continuous 547 existence, political party, electioneering communications 548 organization, or organization exempt from taxation under s. 527 549 or s. 501(c)(4) of the Internal Revenue Code, who aids, abets, 550 advises, or participates in a violation of any provision 551 punishable under this section commits a felony of the third 552 degree, punishable as provided in s. 775.082, s. 775.083, or s. 553 775.084. 554 (c) For purposes of this section, the amount of a 555 contribution or expenditure is the total amount of contributions 556 to or expenditures: 557 1. On behalf of a candidate for election or retention in 558 office; or 559 2. For the benefit of an entity during the period beginning 560 the day after the date of a general election until the day of 561 the following general election. 562 Section 6. Section 106.147, Florida Statutes, is amended to 563 read: 564 106.147 Telephone solicitation; disclosure requirements; 565 prohibitions; exemptions; penalties.— 566 (1)(a) Any electioneering communication telephone call or 567 any telephone call supporting or opposing a candidate, elected 568 public official, or ballot proposal must identify the persons or 569 organizations sponsoring the call by stating either: “paid for 570 by ....” (insert name of persons or organizations sponsoring the 571 call) or “paid for on behalf of ....” (insert name of persons or 572 organizations authorizing call). This paragraph does not apply 573 to any telephone call in which both the individual making the 574 call is not being paid and the individuals participating in the 575 call know each other prior to the call. 576 (b) Any telephone call conducted for the purpose of polling 577 respondents concerning a candidate or elected public official 578 which is a part of a series of like telephone calls that 579 consists of fewer than 1,000 completed calls and averages more 580 than 2 minutes in duration is presumed to be a political poll 581 and not subject to the provisions of paragraph (a). 582 (c) No telephone call shall state or imply that the caller 583 represents any person or organization unless the person or 584 organization so represented has given specific approval in 585 writing to make such representation. 586 (d) No telephone call shall state or imply that the caller 587 represents a nonexistent person or organization. 588 (e) Any electioneering communication paid for with public 589 funds must include a disclaimer containing the words “paid for 590 by ...(Name of the government entity paying for the 591 communication)....” 592 (2) Any telephone call, not conducted by independent 593 expenditure, which expressly advocates for or against a 594 candidate or ballot proposal requires prior written 595 authorization by the candidate or sponsor of the ballot proposal 596 that the call supports. A copy of such written authorization 597 must be placed on file with the qualifying officer by the 598 candidate or sponsor of the ballot proposal prior to the time 599 the calls commence. 600 (3)(a) Any person who willfully violates any provision of 601 this section commits a misdemeanor of the first degree, 602 punishable as provided in s. 775.082 or s. 775.083. 603 (b) For purposes of paragraph (a), the term “person” means 604includesany candidate; any officer of any political committee, 605 committee of continuous existence, or political party executive 606 committee;any officer, partner, attorney, or other607representative of a corporation, partnership, or other business608entity;and any agent or other person acting on behalf of any 609 candidate, political committee, committee of continuous 610 existence, or political party executive committee, or611corporation, partnership, or other business entity. 612 Section 7. This act shall take effect July 1, 2010.
