Bill Text: FL S2536 | 2010 | Regular Session | Introduced
Bill Title: Elections [GPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Ethics and Elections, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) [S2536 Detail]
Download: Florida-2010-S2536-Introduced.html
Florida Senate - 2010 SB 2536 By Senator Thrasher 8-01077C-10 20102536__ 1 A bill to be entitled 2 An act relating to elections; reenacting s. 3 106.011(1)(b), (3), (4), (18), and (19), F.S., 4 relating to political committees, contributions, 5 expenditures, electioneering communications, and 6 electioneering communications organizations; 7 reenacting s. 106.022(1), F.S., relating to the 8 appointment of a registered agent; reenacting s. 9 106.03(1)(b), F.S., relating to the registration of 10 political committees; reenacting s. 106.04(5), F.S., 11 relating to committees of continuous existence; 12 reenacting s. 106.0703, F.S., relating to 13 electioneering communications organizations; 14 reenacting s. 106.0705(2)(b), F.S., relating to 15 electronic filing of campaign treasurer’s reports; 16 reenacting s. 106.071(1), F.S., relating to 17 independent expenditures for electioneering 18 communications; reenacting s. 106.08(4)(b), (5)(d), 19 and (7), F.S., relating to limitations on 20 contributions; reenacting s. 106.1437, F.S., relating 21 to miscellaneous advertisements; reenacting s. 22 106.1439, F.S., relating to disclaimers for 23 electioneering communications; reenacting s. 24 106.147(1), F.S., relating to telephone solicitation; 25 reenacting s. 106.17, F.S., relating to polls and 26 surveys relating to candidacies; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Paragraph (b) of subsection (1) and subsections 32 (3), (4), (18), and (19) of section 106.011, Florida Statutes, 33 are reenacted to read: 34 106.011 Definitions.—As used in this chapter, the following 35 terms have the following meanings unless the context clearly 36 indicates otherwise: 37 (1) 38 (b) Notwithstanding paragraph (a), the following entities 39 are not considered political committees for purposes of this 40 chapter: 41 1. Organizations which are certified by the Department of 42 State as committees of continuous existence pursuant to s. 43 106.04, national political parties, and the state and county 44 executive committees of political parties regulated by chapter 45 103. 46 2. Corporations regulated by chapter 607 or chapter 617 or 47 other business entities formed for purposes other than to 48 support or oppose issues or candidates, if their political 49 activities are limited to contributions to candidates, political 50 parties, or political committees or expenditures in support of 51 or opposition to an issue from corporate or business funds and 52 if no contributions are received by such corporations or 53 business entities. 54 3. Electioneering communications organizations as defined 55 in subsection (19); however, such organizations shall be 56 required to register with and report expenditures and 57 contributions, including contributions received from committees 58 of continuous existence, to the Division of Elections in the 59 same manner, at the same time, and subject to the same penalties 60 as a political committee supporting or opposing an issue or a 61 legislative candidate, except as otherwise specifically provided 62 in this chapter. 63 (3) “Contribution” means: 64 (a) A gift, subscription, conveyance, deposit, loan, 65 payment, or distribution of money or anything of value, 66 including contributions in kind having an attributable monetary 67 value in any form, made for the purpose of influencing the 68 results of an election or making an electioneering 69 communication. 70 (b) A transfer of funds between political committees, 71 between committees of continuous existence, between 72 electioneering communications organizations, or between any 73 combination of these groups. 74 (c) The payment, by any person other than a candidate or 75 political committee, of compensation for the personal services 76 of another person which are rendered to a candidate or political 77 committee without charge to the candidate or committee for such 78 services. 79 (d) The transfer of funds by a campaign treasurer or deputy 80 campaign treasurer between a primary depository and a separate 81 interest-bearing account or certificate of deposit, and the term 82 includes any interest earned on such account or certificate. 83 84 Notwithstanding the foregoing meanings of “contribution,” the 85 word shall not be construed to include services, including, but 86 not limited to, legal and accounting services, provided without 87 compensation by individuals volunteering a portion or all of 88 their time on behalf of a candidate or political committee. This 89 definition shall not be construed to include editorial 90 endorsements. 91 (4)(a) “Expenditure” means a purchase, payment, 92 distribution, loan, advance, transfer of funds by a campaign 93 treasurer or deputy campaign treasurer between a primary 94 depository and a separate interest-bearing account or 95 certificate of deposit, or gift of money or anything of value 96 made for the purpose of influencing the results of an election 97 or making an electioneering communication. However, 98 “expenditure” does not include a purchase, payment, 99 distribution, loan, advance, or gift of money or anything of 100 value made for the purpose of influencing the results of an 101 election when made by an organization, in existence prior to the 102 time during which a candidate qualifies or an issue is placed on 103 the ballot for that election, for the purpose of printing or 104 distributing such organization’s newsletter, containing a 105 statement by such organization in support of or opposition to a 106 candidate or issue, which newsletter is distributed only to 107 members of such organization. 108 (b) As used in this chapter, an “expenditure” for an 109 electioneering communication is made when the earliest of the 110 following occurs: 111 1. A person enters into a contract for applicable goods or 112 services; 113 2. A person makes payment, in whole or in part, for the 114 production or public dissemination of applicable goods or 115 services; or 116 3. The electioneering communication is publicly 117 disseminated. 118 (18)(a) “Electioneering communication” means a paid 119 expression in any communications media prescribed in subsection 120 (13) by means other than the spoken word in direct conversation 121 that: 122 1. Refers to or depicts a clearly identified candidate for 123 office or contains a clear reference indicating that an issue is 124 to be voted on at an election, without expressly advocating the 125 election or defeat of a candidate or the passage or defeat of an 126 issue. 127 2. For communications referring to or depicting a clearly 128 identified candidate for office, is targeted to the relevant 129 electorate. A communication is considered targeted if 1,000 or 130 more persons in the geographic area the candidate would 131 represent if elected will receive the communication. 132 3. For communications containing a clear reference 133 indicating that an issue is to be voted on at an election, is 134 published after the issue is designated a ballot position or 120 135 days before the date of the election on the issue, whichever 136 occurs first. 137 (b) The term “electioneering communication” does not 138 include: 139 1. A statement or depiction by an organization, in 140 existence prior to the time during which a candidate named or 141 depicted qualifies or an issue identified is placed on the 142 ballot for that election, made in that organization’s 143 newsletter, which newsletter is distributed only to members of 144 that organization. 145 2. An editorial endorsement, news story, commentary, or 146 editorial by any newspaper, radio, television station, or other 147 recognized news medium. 148 3. A communication that constitutes a public debate or 149 forum that includes at least two opposing candidates for an 150 office or one advocate and one opponent of an issue, or that 151 solely promotes such a debate or forum and is made by or on 152 behalf of the person sponsoring the debate or forum, provided 153 that: 154 a. The staging organization is either: 155 (I) A charitable organization that does not make other 156 electioneering communications and does not otherwise support or 157 oppose any political candidate or political party; or 158 (II) A newspaper, radio station, television station, or 159 other recognized news medium; and 160 b. The staging organization does not structure the debate 161 to promote or advance one candidate or issue position over 162 another. 163 (c) For purposes of this chapter, an expenditure made for, 164 or in furtherance of, an electioneering communication shall not 165 be considered a contribution to or on behalf of any candidate. 166 (d) For purposes of this chapter, an electioneering 167 communication shall not constitute an independent expenditure 168 nor be subject to the limitations applicable to independent 169 expenditures. 170 (19) “Electioneering communications organization” means any 171 group, other than a political party, political committee, or 172 committee of continuous existence, whose activities are limited 173 to making expenditures for electioneering communications or 174 accepting contributions for the purpose of making electioneering 175 communications. 176 Section 2. Subsection (1) of section 106.022, Florida 177 Statutes, is reenacted to read: 178 106.022 Appointment of a registered agent; duties.— 179 (1) Each political committee, committee of continuous 180 existence, or electioneering communications organization shall 181 have and continuously maintain in this state a registered office 182 and a registered agent and must file with the division a 183 statement of appointment for the registered office and 184 registered agent. The statement of appointment must: 185 (a) Provide the name of the registered agent and the street 186 address and phone number for the registered office; 187 (b) Identify the entity for whom the registered agent 188 serves; 189 (c) Designate the address the registered agent wishes to 190 use to receive mail; 191 (d) Include the entity’s undertaking to inform the division 192 of any change in such designated address; 193 (e) Provide for the registered agent’s acceptance of the 194 appointment, which must confirm that the registered agent is 195 familiar with and accepts the obligations of the position as set 196 forth in this section; and 197 (f) Contain the signature of the registered agent and the 198 entity engaging the registered agent. 199 Section 3. Paragraph (b) of subsection (1) of section 200 106.03, Florida Statutes, is reenacted to read: 201 106.03 Registration of political committees.— 202 (1) 203 (b) Each electioneering communications organization that 204 anticipates receiving contributions or making expenditures shall 205 file a statement of organization as provided in subsection (3) 206 by expedited delivery within 24 hours after its organization or, 207 if later, within 24 hours after the date on which it has 208 information that causes the organization to anticipate that it 209 will receive contributions or make expenditures for an 210 electioneering communication. 211 Section 4. Subsection (5) of section 106.04, Florida 212 Statutes, is reenacted to read: 213 106.04 Committees of continuous existence.— 214 (5) No committee of continuous existence shall make an 215 electioneering communication, contribute to any candidate or 216 political committee an amount in excess of the limits contained 217 in s. 106.08(1), or participate in any activity which is 218 prohibited by this chapter. If any violation occurs, it shall be 219 punishable as provided in this chapter for the given offense. No 220 funds of a committee of continuous existence shall be expended 221 on behalf of a candidate, except by means of a contribution made 222 through the duly appointed campaign treasurer of a candidate. No 223 such committee shall make expenditures in support of, or in 224 opposition to, an issue unless such committee first registers as 225 a political committee pursuant to this chapter and undertakes 226 all the practices and procedures required thereof; provided such 227 committee may make contributions in a total amount not to exceed 228 25 percent of its aggregate income, as reflected in the annual 229 report filed for the previous year, to one or more political 230 committees registered pursuant to s. 106.03 and formed to 231 support or oppose issues. 232 Section 5. Section 106.0703, Florida Statutes, is reenacted 233 to read: 234 106.0703 Electioneering communications organizations; 235 additional reporting requirements.—In addition to the reporting 236 requirements in s. 106.07, an electioneering communications 237 organization shall, within 2 days after receiving its initial 238 password or secure sign-on from the Department of State allowing 239 confidential access to the department’s electronic campaign 240 finance filing system, electronically file the periodic campaign 241 finance reports that would have been required pursuant to s. 242 106.07 for reportable activities that occurred since the date of 243 the last general election. 244 Section 6. Paragraph (b) of subsection (2) of section 245 106.0705, Florida Statutes, is reenacted to read: 246 106.0705 Electronic filing of campaign treasurer’s 247 reports.— 248 (2) 249 (b) Each political committee, committee of continuous 250 existence, electioneering communications organization, or state 251 executive committee that is required to file reports with the 252 division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29, 253 as applicable, must file such reports with the division by means 254 of the division’s electronic filing system. 255 Section 7. Subsection (1) of section 106.071, Florida 256 Statutes, is reenacted to read: 257 106.071 Independent expenditures; electioneering 258 communications; reports; disclaimers.— 259 (1) Each person who makes an independent expenditure with 260 respect to any candidate or issue, and each individual who makes 261 an expenditure for an electioneering communication which is not 262 otherwise reported pursuant to this chapter, which expenditure, 263 in the aggregate, is in the amount of $100 or more, shall file 264 periodic reports of such expenditures in the same manner, at the 265 same time, subject to the same penalties, and with the same 266 officer as a political committee supporting or opposing such 267 candidate or issue. The report shall contain the full name and 268 address of the person making the expenditure; the full name and 269 address of each person to whom and for whom each such 270 expenditure has been made; the amount, date, and purpose of each 271 such expenditure; a description of the services or goods 272 obtained by each such expenditure; the issue to which the 273 expenditure relates; and the name and address of, and office 274 sought by, each candidate on whose behalf such expenditure was 275 made. 276 Section 8. Paragraph (b) of subsection (4), paragraph (d) 277 of subsection (5), and subsection (7) of section 106.08, Florida 278 Statutes, are reenacted to read: 279 106.08 Contributions; limitations on.— 280 (4) 281 (b) Any contribution received by an electioneering 282 communications organization on the day of an election or less 283 than 5 days prior to the day of that election may not be 284 obligated or expended by the organization until after the date 285 of the election and may not be expended to pay for any 286 obligation arising prior to the election. 287 (5) 288 (d) An electioneering communications organization may not 289 accept a contribution from an organization exempt from taxation 290 under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other 291 than a political committee, committee of continuous existence, 292 or political party, unless the contributing organization has 293 registered as if the organization were an electioneering 294 communications organization pursuant to s. 106.03 and has filed 295 all campaign finance reports required of electioneering 296 communications organizations pursuant to ss. 106.07 and 297 106.0703. 298 (7)(a) Any person who knowingly and willfully makes or 299 accepts no more than one contribution in violation of subsection 300 (1) or subsection (5), or any person who knowingly and willfully 301 fails or refuses to return any contribution as required in 302 subsection (3), commits a misdemeanor of the first degree, 303 punishable as provided in s. 775.082 or s. 775.083. If any 304 corporation, partnership, or other business entity or any 305 political party, political committee, committee of continuous 306 existence, or electioneering communications organization is 307 convicted of knowingly and willfully violating any provision 308 punishable under this paragraph, it shall be fined not less than 309 $1,000 and not more than $10,000. If it is a domestic entity, it 310 may be ordered dissolved by a court of competent jurisdiction; 311 if it is a foreign or nonresident business entity, its right to 312 do business in this state may be forfeited. Any officer, 313 partner, agent, attorney, or other representative of a 314 corporation, partnership, or other business entity, or of a 315 political party, political committee, committee of continuous 316 existence, electioneering communications organization, or 317 organization exempt from taxation under s. 527 or s. 501(c)(4) 318 of the Internal Revenue Code, who aids, abets, advises, or 319 participates in a violation of any provision punishable under 320 this paragraph commits a misdemeanor of the first degree, 321 punishable as provided in s. 775.082 or s. 775.083. 322 (b) Any person who knowingly and willfully makes or accepts 323 two or more contributions in violation of subsection (1) or 324 subsection (5) commits a felony of the third degree, punishable 325 as provided in s. 775.082, s. 775.083, or s. 775.084. If any 326 corporation, partnership, or other business entity or any 327 political party, political committee, committee of continuous 328 existence, or electioneering communications organization is 329 convicted of knowingly and willfully violating any provision 330 punishable under this paragraph, it shall be fined not less than 331 $10,000 and not more than $50,000. If it is a domestic entity, 332 it may be ordered dissolved by a court of competent 333 jurisdiction; if it is a foreign or nonresident business entity, 334 its right to do business in this state may be forfeited. Any 335 officer, partner, agent, attorney, or other representative of a 336 corporation, partnership, or other business entity, or of a 337 political committee, committee of continuous existence, 338 political party, or electioneering communications organization, 339 or organization exempt from taxation under s. 527 or s. 340 501(c)(4) of the Internal Revenue Code, who aids, abets, 341 advises, or participates in a violation of any provision 342 punishable under this paragraph commits a felony of the third 343 degree, punishable as provided in s. 775.082, s. 775.083, or s. 344 775.084. 345 Section 9. Section 106.1437, Florida Statutes, is reenacted 346 to read: 347 106.1437 Miscellaneous advertisements.—Any advertisement, 348 other than a political advertisement, independent expenditure, 349 or electioneering communication, on billboards, bumper stickers, 350 radio, or television, or in a newspaper, a magazine, or a 351 periodical, intended to influence public policy or the vote of a 352 public official, shall clearly designate the sponsor of such 353 advertisement by including a clearly readable statement of 354 sponsorship. If the advertisement is broadcast on television, 355 the advertisement shall also contain a verbal statement of 356 sponsorship. This section shall not apply to an editorial 357 endorsement. 358 Section 10. Section 106.1439, Florida Statutes, is 359 reenacted to read: 360 106.1439 Electioneering communications; disclaimers.— 361 (1) Any electioneering communication shall prominently 362 state: “Paid electioneering communication paid for by ...(Name 363 and address of person paying for the communication)....” 364 (2) Any person who fails to include the disclaimer 365 prescribed in this section in any electioneering communication 366 that is required to contain such disclaimer commits a 367 misdemeanor of the first degree, punishable as provided in s. 368 775.082 or s. 775.083. 369 Section 11. Subsection (1) of section 106.147, Florida 370 Statutes, is reenacted to read: 371 106.147 Telephone solicitation; disclosure requirements; 372 prohibitions; exemptions; penalties.— 373 (1)(a) Any electioneering communication telephone call or 374 any telephone call supporting or opposing a candidate, elected 375 public official, or ballot proposal must identify the persons or 376 organizations sponsoring the call by stating either: “paid for 377 by ....” (insert name of persons or organizations sponsoring the 378 call) or “paid for on behalf of ....” (insert name of persons or 379 organizations authorizing call). This paragraph does not apply 380 to any telephone call in which both the individual making the 381 call is not being paid and the individuals participating in the 382 call know each other prior to the call. 383 (b) Any telephone call conducted for the purpose of polling 384 respondents concerning a candidate or elected public official 385 which is a part of a series of like telephone calls that 386 consists of fewer than 1,000 completed calls and averages more 387 than 2 minutes in duration is presumed to be a political poll 388 and not subject to the provisions of paragraph (a). 389 (c) No telephone call shall state or imply that the caller 390 represents any person or organization unless the person or 391 organization so represented has given specific approval in 392 writing to make such representation. 393 (d) No telephone call shall state or imply that the caller 394 represents a nonexistent person or organization. 395 (e) Any electioneering communication paid for with public 396 funds must include a disclaimer containing the words “paid for 397 by ...(Name of the government entity paying for the 398 communication)....” 399 Section 12. Section 106.17, Florida Statutes, is reenacted 400 to read: 401 106.17 Polls and surveys relating to candidacies.—Any 402 candidate, political committee, committee of continuous 403 existence, electioneering communication organization, or state 404 or county executive committee of a political party may authorize 405 or conduct a political poll, survey, index, or measurement of 406 any kind relating to candidacy for public office so long as the 407 candidate, political committee, committee of continuous 408 existence, electioneering communication organization, or 409 political party maintains complete jurisdiction over the poll in 410 all its aspects. 411 Section 13. This act shall take effect July 1, 2010.
