Bill Text: FL S1474 | 2018 | Regular Session | Introduced

---

Bill Title: Campaign Finance

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Ethics and Elections [S1474 Detail]

Download: Florida-2018-S1474-Introduced.html

---

       Florida Senate - 2018                                    SB 1474
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01337-18                                           20181474__
    1                        A bill to be entitled                      
    2         An act relating to campaign finance; amending s.
    3         106.08, F.S.; prohibiting a statewide elected official
    4         from soliciting or accepting contributions during a
    5         regular, extended, or special legislative session;
    6         providing that a member of the Legislature is bound by
    7         the rules of his or her respective house; providing
    8         penalties; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsections (7) through (10) of section
   13  106.08, Florida Statutes, are renumbered as subsections (8)
   14  through (11), respectively, a new subsection (7) is added to
   15  that section, and present subsections (7) and (8) are amended,
   16  to read:
   17         106.08 Contributions; limitations on.—
   18         (7)(a) A statewide elected official may contribute to his
   19  or her own campaign but may not solicit or accept a contribution
   20  during the 60-day regular legislative session or any extended or
   21  special session:
   22         1. On his or her own behalf.
   23         2. On behalf of a political party.
   24         3. On behalf of any organization with respect to which his
   25  or her solicitation is regulated under s. 106.0701.
   26         4. On behalf of a candidate for the Legislature or a
   27  statewide elected position.
   28         (b) A member of the Legislature is bound by the rules of
   29  his or her respective house in accordance with s. 4, Art. III of
   30  the State Constitution.
   31         (8)(a)(7)(a) Any person who knowingly and willfully makes
   32  or accepts no more than one contribution in violation of
   33  subsection (1), or subsection (5), or subsection (7), or any
   34  person who knowingly and willfully fails or refuses to return
   35  any contribution as required in subsection (3), commits a
   36  misdemeanor of the first degree, punishable as provided in s.
   37  775.082 or s. 775.083. If any corporation, partnership, or other
   38  business entity or any political party, affiliated party
   39  committee, political committee, or electioneering communications
   40  organization is convicted of knowingly and willfully violating
   41  any provision punishable under this paragraph, it shall be fined
   42  not less than $1,000 and not more than $10,000. If it is a
   43  domestic entity, it may be ordered dissolved by a court of
   44  competent jurisdiction; if it is a foreign or nonresident
   45  business entity, its right to do business in this state may be
   46  forfeited. Any officer, partner, agent, attorney, or other
   47  representative of a corporation, partnership, or other business
   48  entity, or of a political party, affiliated party committee,
   49  political committee, electioneering communications organization,
   50  or organization exempt from taxation under s. 527 or s.
   51  501(c)(4) of the Internal Revenue Code, who aids, abets,
   52  advises, or participates in a violation of any provision
   53  punishable under this paragraph commits a misdemeanor of the
   54  first degree, punishable as provided in s. 775.082 or s.
   55  775.083.
   56         (b) Any person who knowingly and willfully makes or accepts
   57  two or more contributions in violation of subsection (1), or
   58  subsection (5), or subsection (7) commits a felony of the third
   59  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   60  775.084. If any corporation, partnership, or other business
   61  entity or any political party, affiliated party committee,
   62  political committee, or electioneering communications
   63  organization is convicted of knowingly and willfully violating
   64  any provision punishable under this paragraph, it shall be fined
   65  not less than $10,000 and not more than $50,000. If it is a
   66  domestic entity, it may be ordered dissolved by a court of
   67  competent jurisdiction; if it is a foreign or nonresident
   68  business entity, its right to do business in this state may be
   69  forfeited. Any officer, partner, agent, attorney, or other
   70  representative of a corporation, partnership, or other business
   71  entity, or of a political committee, political party, affiliated
   72  party committee, or electioneering communications organization,
   73  or organization exempt from taxation under s. 527 or s.
   74  501(c)(4) of the Internal Revenue Code, who aids, abets,
   75  advises, or participates in a violation of any provision
   76  punishable under this paragraph commits a felony of the third
   77  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   78  775.084.
   79         (9)(8) Except when otherwise provided in subsection (8)(7),
   80  any person who knowingly and willfully violates any provision of
   81  this section shall, in addition to any other penalty prescribed
   82  by this chapter, pay to the state a sum equal to twice the
   83  amount contributed in violation of this chapter. Each campaign
   84  treasurer shall pay all amounts contributed in violation of this
   85  section to the state for deposit in the General Revenue Fund.
   86         Section 2. This act shall take effect upon becoming a law.