July 20, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h0393__
HB 393

1
A bill to be entitled
2An act relating to campaign financing; amending s.
3106.011, F.S.; revising definitions; amending s. 106.06,
4F.S.; requiring electioneering communications
5organizations to keep certain financial records; providing
6for inspection and preservation of such financial records;
7amending s. 106.07, F.S.; removing an exception to a
8reporting requirement to list the occupation of certain
9contributors; specifying additional reporting requirements
10for electioneering communications organizations and
11political committees; amending s. 106.071, F.S.;
12prohibiting certain political party committees from making
13expenditures for electioneering communications; amending
14s. 106.08, F.S.; providing prohibitions relating to
15contributions to electioneering communications
16organizations to which penalties apply; amending s.
17106.087, F.S.; deleting restrictions and fines on
18political committees and committees of continuous
19existence relating to independent expenditures; amending
20s. 106.12, F.S.; correcting a cross-reference; amending s.
21106.143, F.S.; providing additional requirements relating
22to certain radio and television political advertisements;
23amending s. 106.1439, F.S.; revising the disclaimer
24required in electioneering communications; amending s.
25106.147, F.S.; revising the disclosure statement
26requirements for certain telephone solicitations; amending
27s. 106.15, F.S.; prohibiting candidates from knowingly
28using the services of certain public employees under
29specified circumstances; amending s. 106.19, F.S.;
30revising a ground for punishment of candidates, persons
31connected with campaigns, and committees relating to
32contribution acceptance in excess of proscribed limits;
33amending s. 106.295, F.S.; providing for the disposal of
34all leadership funds existing on a certain date; amending
35s. 106.33, F.S.; correcting a cross-reference; amending s.
36106.34, F.S.; deleting an obsolete reference; amending s.
37106.35, F.S.; revising a provision relating to qualifying
38matching contributions under the Florida Election Campaign
39Financing Act; requiring candidates who receive funds
40under the act, or their political parties, to return such
41funds under specified circumstances; repealing s. 106.191,
42F.S., relating to signatures gathered for initiative
43petitions; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Subsections (6) through (19) of section
48106.011, Florida Statutes, are renumbered as subsections (7)
49through (20), respectively, and paragraph (b) of subsection (1),
50paragraph (a) of subsection (4), and subsections (5), (13),
51(17), and (18) are amended to read:
52     106.011  Definitions.--As used in this chapter, the
53following terms have the following meanings unless the context
54clearly indicates otherwise:
55     (1)
56     (b)  Notwithstanding paragraph (a), the following entities
57are not considered political committees for purposes of this
58chapter:
59     1.  Organizations which are certified by the Department of
60State as committees of continuous existence pursuant to s.
61106.04, national political parties, and the state and county
62executive committees of political parties regulated by chapter
63103.
64     2.  Corporations regulated by chapter 607 or chapter 617 or
65other business entities formed for purposes other than to
66support or oppose issues or candidates, if their political
67activities are limited to contributions to candidates, political
68parties, or political committees or expenditures in support of
69or opposition to an issue from corporate or business funds and
70if no contributions are received by such corporations or
71business entities.
72     3.  Electioneering communications organizations as defined
73in subsection (20) (19); however, such organizations shall be
74required to register with and report expenditures and
75contributions, including contributions received from committees
76of continuous existence, to the Division of Elections in the
77same manner, at the same time, and subject to the same penalties
78as a political committee supporting or opposing an issue or a
79legislative candidate, except as otherwise specifically provided
80in this chapter.
81     (4)(a)  "Expenditure" means a purchase, payment,
82distribution, loan, advance, transfer of funds by a campaign
83treasurer or deputy campaign treasurer between a primary
84depository and a separate interest-bearing account or
85certificate of deposit, or gift of money or anything of value
86made for the purpose of influencing the results of an election
87or making an electioneering communication. However,
88"expenditure" does not include a purchase, payment,
89distribution, loan, advance, or gift of money or anything of
90value made for the purpose of influencing the results of an
91election when made by an organization, in existence prior to the
92time during which a candidate qualifies or an issue is placed on
93the ballot for that election, for the purpose of communicating
94printing or distributing such organization's newsletter,
95containing a statement by such organization in support of or
96opposition to a candidate or issue, which newsletter is
97distributed only to members of such organization.
98     (5)(a)  "Independent expenditure" means an expenditure by a
99person for the purpose of expressly advocating the election or
100defeat of a candidate or the approval or rejection of an issue,
101which expenditure is not controlled by, coordinated with, or
102made upon consultation with, any candidate, political committee,
103or agent of such candidate or committee. An expenditure for such
104purpose by a person having a contract with the candidate,
105political committee, or agent of such candidate or committee in
106a given election period shall not be deemed an independent
107expenditure.
108     (6)(b)  "Coordinated expenditure" means an expenditure for
109the purpose of expressly advocating the election or defeat of a
110candidate, or for an electioneering communication, which is made
111by the national, state, or county executive committee of a
112political party, including any subordinate committee of a
113national, state, or county committee of a political party, or by
114any political committee, or committee of continuous existence,
115or electioneering communications organization, or any other
116person, shall not be considered an independent expenditure if
117the committee, organization, or person:
118     1.  Communicates with the candidate, the candidate's
119campaign, the national, state, or county executive committee of
120a political party, including any subordinate committee of a
121national, state, or county committee of a political party under
122which the candidate is a registered elector thereof, or an agent
123of the candidate acting on behalf of the candidate, including
124any pollster, media consultant, advertising agency, vendor,
125advisor, or staff member, concerning the preparation of, use of,
126or payment for, the specific expenditure or advertising campaign
127at issue; or
128     2.  Makes a payment in cooperation, consultation, or
129concert with, at the request or suggestion of, or pursuant to
130any general or particular understanding with the candidate, the
131candidate's campaign, a political committee supporting the
132candidate, the national, state, or county executive committee of
133a political party, including any subordinate committee of a
134national, state, or county committee of a political party under
135which the candidate is a registered elector thereof, or an agent
136of the candidate relating to the specific expenditure or
137advertising campaign at issue; or
138     3.  Makes a payment for the dissemination, distribution, or
139republication, in whole or in part, of any broadcast or any
140written, graphic, or other form of campaign material prepared by
141the candidate;, the candidate's campaign;, the national, state,
142or county executive committee of a political party, including
143any subordinate committee of a national, state, or county
144committee of a political party under which the candidate is a
145registered elector thereof; or an agent of the candidate,
146including any pollster, media consultant, advertising agency,
147vendor, advisor, or staff member; or
148     4.  Makes a payment based on information about the
149candidate's plans, projects, or needs communicated to a member
150of the committee or person by the candidate or an agent of the
151candidate, provided the committee or person uses the information
152in any way, in whole or in part, either directly or indirectly,
153to design, prepare, or pay for the specific expenditure or
154advertising campaign at issue; or
155     5.  After the last day of qualifying for statewide or
156legislative office, Consults about the candidate's plans,
157projects, or needs in connection with the candidate's pursuit of
158election to office and the information is used in any way to
159plan, create, design, or prepare an independent expenditure or
160advertising campaign, with:
161     a.  Any officer, director, employee, or agent of a
162national, state, or county executive committee of a political
163party that has made or intends to make expenditures in
164connection with or contributions to the candidate; or
165     b.  Any person whose professional services have been
166retained by a national, state, or county executive committee of
167a political party that has made or intends to make expenditures
168in connection with or contributions to the candidate; or
169     6.  After the last day of qualifying for statewide or
170legislative office, Retains the professional services of any
171person also providing those services to the candidate in
172connection with the candidate's pursuit of election to office;
173or
174     7.  Arranges, coordinates, or directs the expenditure, in
175any way, with the candidate or an agent of the candidate.
176     (14)(13)  "Communications media" means broadcasting
177stations, newspapers, magazines, outdoor advertising facilities,
178printers, direct mail, advertising agencies, the Internet, and
179telephone companies; but with respect to telephones, an
180expenditure shall be deemed to be an expenditure for the use of
181communications media only if made for the costs of telephones,
182paid telephonists, or automatic telephone equipment to be used
183by a candidate or a political committee to communicate with
184potential voters but excluding any costs of telephones incurred
185by a volunteer for use of telephones by such volunteer; however,
186with respect to the Internet, an expenditure shall be deemed an
187expenditure for use of communications media only if made for the
188cost of creating or disseminating a message on a computer
189information system accessible by more than one person but
190excluding internal communications of a campaign or of any group.
191     (18)(17)  "Political advertisement" means a paid expression
192in any communications media prescribed in subsection (14) (13),
193whether radio, television, newspaper, magazine, periodical,
194campaign literature, direct mail, or display or by means other
195than the spoken word in direct conversation, which expressly
196advocates the election or defeat of a candidate or the approval
197or rejection of an issue. However, political advertisement does
198not include:
199     (a)  A statement or depiction by an organization, in
200existence prior to the time during which a candidate qualifies
201or an issue is placed on the ballot for that election, in
202support of or opposition to a candidate or issue, made in that
203organization's newsletter, which newsletter is distributed only
204to the members of that organization.
205     (b)  Editorial endorsements by any newspaper, radio or
206television station, or other recognized news medium.
207     (19)(18)(a)  "Electioneering communication" means a paid
208expression in any communications media prescribed in subsection
209(14) (13) by means other than the spoken word in direct
210conversation that:
211     1.  Refers to or depicts a clearly identified candidate for
212office or contains a clear reference indicating that an issue is
213to be voted on at an election, without expressly advocating the
214election or defeat of a candidate or the passage or defeat of an
215issue.
216     2.  For communications referring to or depicting a clearly
217identified candidate for office, is targeted to the relevant
218electorate. A communication is considered targeted if 1,000 or
219more persons in the geographic area the candidate would
220represent if elected will receive the communication.
221     3.  For communications containing a clear reference
222indicating that an issue is to be voted on at an election, is
223published after the issue is designated a ballot position or 120
224days before the date of the election on the issue, whichever
225occurs first.
226     (b)  The term "electioneering communication" does not
227include:
228     1.  A statement or depiction by an organization, in
229existence prior to the time during which a candidate named or
230depicted qualifies or an issue identified is placed on the
231ballot for that election, made in that organization's
232newsletter, which newsletter is distributed only to members of
233that organization.
234     2.  An editorial endorsement, news story, commentary, or
235editorial by any newspaper, radio, television station, or other
236recognized news medium.
237     3.  A communication that constitutes a public debate or
238forum that includes at least two opposing candidates for an
239office or one advocate and one opponent of an issue, or that
240solely promotes such a debate or forum and is made by or on
241behalf of the person sponsoring the debate or forum, provided
242that:
243     a.  The staging organization is either:
244     (I)  A charitable organization that does not make other
245electioneering communications and does not otherwise support or
246oppose any political candidate or political party; or
247     (II)  A newspaper, radio station, television station, or
248other recognized news medium; and
249     b.  The staging organization does not structure the debate
250to promote or advance one candidate or issue position over
251another.
252     (c)  For purposes of this chapter, an expenditure made for,
253or in furtherance of, an electioneering communication shall not
254be considered a contribution to or on behalf of any candidate.
255     (d)  For purposes of this chapter, an electioneering
256communication shall not constitute an independent expenditure
257nor be subject to the limitations applicable to independent
258expenditures.
259     Section 2.  Section 106.06, Florida Statutes, is amended to
260read:
261     106.06  Treasurer to keep records; inspections.--
262     (1)  The campaign treasurer of each candidate and the
263campaign treasurer of each political committee and each
264electioneering communications organization shall keep detailed
265accounts, current within not more than 2 days after the date of
266receiving a contribution or making an expenditure, of all
267contributions received and all expenditures made by or on behalf
268of the candidate, or political committee, or organization that
269are required to be set forth in a statement filed under this
270chapter. The campaign treasurer or organization shall also keep
271detailed accounts of all deposits made in any separate interest-
272bearing account or certificate of deposit and of all withdrawals
273made therefrom to the primary depository and of all interest
274earned thereon.
275     (2)  Accounts, including separate interest-bearing accounts
276and certificates of deposit, kept by the campaign treasurer of a
277candidate or political committee or by an electioneering
278communications organization may be inspected under reasonable
279circumstances before, during, or after the election to which the
280accounts refer by any authorized representative of the Division
281of Elections or the Florida Elections Commission. The right of
282inspection may be enforced by appropriate writ issued by any
283court of competent jurisdiction. The campaign treasurer of a
284political committee supporting a candidate may be joined with
285the campaign treasurer of the candidate as respondent in such a
286proceeding.
287     (3)  Accounts kept by a campaign treasurer of a candidate
288shall be preserved by the campaign treasurer for a number of
289years equal to the term of office of the office to which the
290candidate seeks election. Accounts kept by a campaign treasurer
291of a political committee or by an electioneering communications
292organization shall be preserved by such treasurer for at least 2
293years after the date of the election to which the accounts
294refer.
295     Section 3.  Subsection (4) of section 106.07, Florida
296Statutes, is amended to read:
297     106.07  Reports; certification and filing.--
298     (4)(a)  Each report required by this section shall contain:
299     1.  The full name, address, and occupation, if any, of each
300person who has made one or more contributions to or for such
301committee or candidate within the reporting period, together
302with the amount and date of such contributions. For
303corporations, the report must provide as clear a description as
304practicable of the principal type of business conducted by the
305corporation. However, if the contribution is $100 or less or is
306from a relative, as defined in s. 112.312, provided that the
307relationship is reported, the occupation of the contributor or
308the principal type of business need not be listed.
309     2.  The name and address of each political committee from
310which the reporting committee or the candidate received, or to
311which the reporting committee or candidate made, any transfer of
312funds, together with the amounts and dates of all transfers.
313     3.  Each loan for campaign purposes to or from any person
314or political committee within the reporting period, together
315with the full names, addresses, and occupations, and principal
316places of business, if any, of the lender and endorsers, if any,
317and the date and amount of such loans.
318     4.  A statement of each contribution, rebate, refund, or
319other receipt not otherwise listed under subparagraphs 1.
320through 3.
321     5.  The total sums of all loans, in-kind contributions, and
322other receipts by or for such committee or candidate during the
323reporting period. The reporting forms shall be designed to
324elicit separate totals for in-kind contributions, loans, and
325other receipts.
326     6.  The full name and address of each person to whom
327expenditures have been made by or on behalf of the committee or
328candidate within the reporting period; the amount, date, and
329purpose of each such expenditure; and the name and address of,
330and office sought by, each candidate on whose behalf such
331expenditure was made. However, expenditures made from the petty
332cash fund provided by s. 106.12 need not be reported
333individually.
334     7.  The full name and address of each person to whom an
335expenditure for personal services, salary, or reimbursement for
336authorized expenses as provided in s. 106.021(3) has been made
337and which is not otherwise reported, including the amount, date,
338and purpose of such expenditure. However, expenditures made from
339the petty cash fund provided for in s. 106.12 need not be
340reported individually.
341     8.  The total amount withdrawn and the total amount spent
342for petty cash purposes pursuant to this chapter during the
343reporting period.
344     9.  The total sum of expenditures made by such committee or
345candidate during the reporting period.
346     10.  The amount and nature of debts and obligations owed by
347or to the committee or candidate, which relate to the conduct of
348any political campaign.
349     11.  A copy of each credit card statement which shall be
350included in the next report following receipt thereof by the
351candidate or political committee. Receipts for each credit card
352purchase shall be retained by the treasurer with the records for
353the campaign account.
354     12.  The amount and nature of any separate interest-bearing
355accounts or certificates of deposit and identification of the
356financial institution in which such accounts or certificates of
357deposit are located.
358     13.  The primary purposes of an expenditure made indirectly
359through a campaign treasurer pursuant to s. 106.021(3) for goods
360and services such as communications media placement or
361procurement services, campaign signs, insurance, and other
362expenditures that include multiple components as part of the
363expenditure. The primary purpose of an expenditure shall be that
364purpose, including integral and directly related components,
365that comprises 80 percent of such expenditure.
366     (b)  In addition to the requirements of paragraph (a):
367     1.  Each political committee or electioneering
368communications organization report shall also include the name
369of the candidate on whose behalf the expenditure was made, if
370any expenditure was made to or for any communications media that
371depicted a candidate or a candidate's opponent in either a
372primary or general election. If the communication depicted more
373than one candidate, the expenditure shall be divided evenly
374among the depicted candidates.
375     2.  Each electioneering communications organization report
376shall also include a certification of whether the expenditure
377was coordinated as defined by s. 106.011(6), if an
378electioneering communications organization made any expenditure.
379     (c)(b)  The filing officer shall make available to any
380candidate or committee a reporting form which the candidate or
381committee may use to indicate contributions received by the
382candidate or committee but returned to the contributor before
383deposit.
384     Section 4.  Subsection (5) is added to section 106.071,
385Florida Statutes, is amended to read:
386     106.071  Independent expenditures; expenditures;
387electioneering communications; reports; disclaimers.--
388     (5)  A national, state, or county executive committee of a
389political party, including any subordinate committee of a
390national, state, or county committee of a political party, may
391not make expenditures for an electioneering communication.
392     Section 5.  Paragraph (c) of subsection (1) of section
393106.08, Florida Statutes, is amended, paragraph (d) is added to
394that subsection, and paragraph (e) is added to subsection (5) of
395that section, to read:
396     106.08  Contributions; limitations on.--
397     (1)
398     (c)  The contribution limits of this subsection apply to
399each election. For purposes of this subsection, the primary
400election and general election are separate elections so long as
401the candidate is not an unopposed candidate as defined in s.
402106.011(16)(15). However, for the purpose of contribution limits
403with respect to candidates for retention as a justice or judge,
404there is only one election, which is the general election.
405     (d)  No person, political committee, or committee of
406continuous existence may, in any election, make contributions in
407excess of $5,000 to an electioneering communications
408organization that makes any coordinated expenditure as defined
409by s. 106.011(6). For purposes of this subsection, the primary
410election and general election are not separate elections.
411     (5)
412     (e)  An electioneering communications organization may not
413accept a contribution from any other electioneering
414communications organization.
415     Section 6.  Section 106.087, Florida Statutes, is amended
416to read:
417     106.087  Independent expenditures; contribution limits;
418restrictions on political parties and, political committees, and
419committees of continuous existence.--
420     (1)(a)  As a condition of receiving a rebate of filing fees
421and party assessment funds pursuant to s. 99.061(2), s.
42299.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
423treasurer of a state or county executive committee shall take
424and subscribe to an oath or affirmation in writing. During the
425qualifying period for state candidates and prior to distribution
426of such funds, a printed copy of the oath or affirmation shall
427be filed with the Secretary of State and shall be substantially
428in the following form:
429
430State of Florida
431County of_____
432     Before me, an officer authorized to administer oaths,
433personally appeared   (name)  , to me well known, who, being
434sworn, says that he or she is the   (title)   of the   (name of
435party)     (state or specified county)   executive committee;
436that the executive committee has not made, either directly or
437indirectly, an independent expenditure in support of or
438opposition to a candidate or elected public official in the
439prior 6 months; that the executive committee will not make,
440either directly or indirectly, an independent expenditure in
441support of or opposition to a candidate or elected public
442official, through and including the upcoming general election;
443and that the executive committee will not violate the
444contribution limits applicable to candidates under s. 106.08(2),
445Florida Statutes.
446  (Signature of committee officer)  
447  (Address)  
448
449Sworn to and subscribed before me this _____ day of _____,  
450(year)  , at _____ County, Florida.
451  (Signature and title of officer administering oath)
452     (2)(b)  Any executive committee found to have violated the
453provisions of the oath or affirmation in this section prior to
454receiving funds shall be ineligible to receive the rebate for
455that general election year.
456     (3)(c)  Any executive committee found to have violated the
457provisions of the oath or affirmation in this section after
458receiving funds shall be ineligible to receive the rebate from
459candidates qualifying for the following general election cycle.
460     (4)(d)  Any funds not distributed to the state or county
461executive committee pursuant to this section shall be deposited
462into the General Revenue Fund of the state.
463     (2)(a)  Any political committee or committee of continuous
464existence that accepts the use of public funds, equipment,
465personnel, or other resources to collect dues from its members
466agrees not to make independent expenditures in support of or
467opposition to a candidate or elected public official. However,
468expenditures may be made for the sole purpose of jointly
469endorsing three or more candidates.
470     (b)  Any political committee or committee of continuous
471existence that violates this subsection is liable for a civil
472fine of up to $5,000 to be determined by the Florida Elections
473Commission or the entire amount of the expenditures, whichever
474is greater.
475     Section 7.  Subsection (3) of section 106.12, Florida
476Statutes, is amended to read:
477     106.12  Petty cash funds allowed.--
478     (3)  The petty cash fund so provided shall be spent only in
479amounts less than $100 and only for office supplies,
480transportation expenses, and other necessities. Petty cash shall
481not be used for the purchase of time, space, or services from
482communications media as defined in s. 106.011(14)(13).
483     Section 8.  Subsection (4) of section 106.143, Florida
484Statutes, is amended to read:
485     106.143  Political advertisements circulated prior to
486election; requirements.--
487     (4)(a)  Any political advertisement, including those paid
488for by a political party, other than an independent expenditure,
489offered by or on behalf of a candidate must be approved in
490advance by the candidate. Such political advertisement must
491expressly state that the content of the advertisement was
492approved by the candidate and must state who paid for the
493advertisement. The candidate shall provide a written statement
494of authorization to the newspaper, radio station, television
495station, or other medium for each such advertisement submitted
496for publication, display, broadcast, or other distribution.
497     (b)  Any person who makes an independent expenditure for a
498political advertisement shall provide a written statement that
499no candidate has approved the advertisement to the newspaper,
500radio station, television station, or other medium for each such
501advertisement submitted for publication, display, broadcast, or
502other distribution. The advertisement must also contain a
503statement that no candidate has approved the advertisement.
504     (c)  Any radio political advertisement paid for by a
505political party and approved by the candidate, including any
506such advertisement that references or depicts the candidate's
507opponent, must contain a disclaimer recorded by the candidate
508that approved the content of the advertisement, which states:
509"This is (name of candidate), (party affiliation), for (office
510sought), and I approve this message paid for by (political party
511or committee paying for advertisement)".
512     (d)  Any television political advertisement paid for by a
513political party and approved by the candidate, including any
514such advertisement that references or depicts the candidate's
515opponent, must contain the same recorded disclaimer as required
516by paragraph (c) except that the candidate must appear on the
517screen while the disclaimer is read.
518     (e)(c)  This subsection does not apply to campaign messages
519used by a candidate and his or her supporters if those messages
520are designed to be worn by a person.
521     Section 9.  Section 106.1439, Florida Statutes, is amended
522to read:
523     106.1439  Electioneering communications; disclaimers.--
524     (1)  Any electioneering communication shall prominently
525state: "Paid electioneering communication paid for by   (Name
526and address of person paying for the communication)   , an
527organization funded by [the top three contributors as described
528in s. 106.1439(2)]."
529     (2)  Any electioneering communication shall prominently
530state in the disclaimer the names of the top three contributors
531to the electioneering communications organization during the 12
532months preceding the date on which the electioneering
533communication is printed or disseminated.
534     (3)(2)  Any person who fails to include the disclaimer
535prescribed in this section in any electioneering communication
536that is required to contain such disclaimer commits a
537misdemeanor of the first degree, punishable as provided in s.
538775.082 or s. 775.083.
539     Section 10.  Paragraph (a) of subsection (1) of section
540106.147, Florida Statutes, is amended to read:
541     106.147  Telephone solicitation; disclosure requirements;
542prohibitions; exemptions; penalties.--
543     (1)(a)  Any telephone call supporting or opposing a
544candidate, elected public official, or ballot proposal must
545identify the persons or organizations sponsoring the call by
546stating at the beginning of the call either: "The following is a
547paid telephone call paid for by_____" (insert name of persons or
548organizations sponsoring the call) or "paid for on behalf
549of_____" (insert name of persons or organizations authorizing
550call). This paragraph does not apply to any telephone call in
551which both the individual making the call is not being paid and
552the individuals participating in the call know each other prior
553to the call.
554     Section 11.  Subsection (3) of section 106.15, Florida
555Statutes, is amended to read:
556     106.15  Certain acts prohibited.--
557     (3)  A candidate may not, in the furtherance of his or her
558candidacy for nomination or election to public office in any
559election, knowingly use the services of any state, county,
560municipal, or district officer or employee during working hours.
561     Section 12.  Paragraph (a) of subsection (1) of section
562106.19, Florida Statutes, is amended to read:
563     106.19  Violations by candidates, persons connected with
564campaigns, and political committees.--
565     (1)  Any candidate; campaign manager, campaign treasurer,
566or deputy treasurer of any candidate; committee chair, vice
567chair, campaign treasurer, deputy treasurer, or other officer of
568any political committee; agent or person acting on behalf of any
569candidate or political committee; or other person who knowingly
570and willfully:
571     (a)  Accepts a contribution in excess of the limits
572prescribed by s. 106.08 and does not return the amount by which
573the contribution exceeds the limits set forth in s. 106.08
574within 48 hours;
575
576is guilty of a misdemeanor of the first degree, punishable as
577provided in s. 775.082 or s. 775.083.
578     Section 13.  Subsection (3) of section 106.295, Florida
579Statutes, is amended to read:
580     106.295  Leadership fund.--
581     (3)  This section applies to all leadership funds in
582existence on or after July 1, 2006. Any leadership fund in
583existence on July 1, 2006, shall dispose of all funds by
584relinquishing control over how the funds are designated by the
585political party or after January 1, 1990.
586     Section 14.  Section 106.33, Florida Statutes, is amended
587to read:
588     106.33  Election campaign financing; eligibility.--Each
589candidate for the office of Governor or member of the Cabinet
590who desires to receive contributions from the Election Campaign
591Financing Trust Fund shall, upon qualifying for office, file a
592request for such contributions with the filing officer on forms
593provided by the Division of Elections. If a candidate requesting
594contributions from the fund desires to have such funds
595distributed by electronic fund transfers, the request shall
596include information necessary to implement that procedure. For
597the purposes of ss. 106.30-106.36, candidates for Governor and
598Lieutenant Governor on the same ticket shall be considered as a
599single candidate. To be eligible to receive contributions from
600the fund, a candidate may not be an unopposed candidate as
601defined in s. 106.011(16)(15) and must:
602     (1)  Agree to abide by the expenditure limits provided in
603s. 106.34.
604     (2)(a)  Raise contributions as follows:
605     1.  One hundred fifty thousand dollars for a candidate for
606Governor.
607     2.  One hundred thousand dollars for a candidate for
608Cabinet office.
609     (b)  Contributions from individuals who at the time of
610contributing are not state residents may not be used to meet the
611threshold amounts in paragraph (a). For purposes of this
612paragraph, any person validly registered to vote in this state
613shall be considered a state resident.
614     (3)  Limit loans or contributions from the candidate's
615personal funds to $25,000 and contributions from national,
616state, and county executive committees of a political party to
617$250,000 in the aggregate, which loans or contributions shall
618not qualify for meeting the threshold amounts in subsection (2).
619     (4)  Submit to a postelection audit of the campaign account
620by the division.
621     Section 15.  Subsection (3) of section 106.34, Florida
622Statutes, is amended to read:
623     106.34  Expenditure limits.--
624     (3)  For purposes of this section, "Florida-registered
625voter" means a voter who is registered to vote in Florida as of
626June 30 of each odd-numbered year. The Division of Elections
627shall certify the total number of Florida-registered voters no
628later than July 31 of each odd-numbered year. Such total number
629shall be calculated by adding the number of registered voters in
630each county as of June 30 in the year of the certification date.
631For the 2006 general election, the Division of Elections shall
632certify the total number of Florida-registered voters by July
63331, 2005.
634     Section 16.  Paragraph (b) of subsection (2) of section
635106.35, Florida Statutes, is amended, and subsection (6) is
636added to that section, to read:
637     106.35  Distribution of funds.--
638     (2)
639     (b)  Qualifying matching contributions are those of $250 or
640less from an individual, made after September 1 of the calendar
641year prior to the election. Any contribution received from an
642individual who is not a state resident at the time the
643contribution is made shall not be considered a qualifying
644matching contribution. For purposes of this paragraph, any
645person validly registered to vote in this state shall be
646considered a state resident. Aggregate contributions from an
647individual in excess of $250 will be matched only up to $250. A
648contribution from an individual, if made by check, must be drawn
649on the personal bank account of the individual making the
650contribution, as opposed to any form of business account,
651regardless of whether the business account is for a corporation,
652partnership, sole proprietorship, trust, or other form of
653business arrangement. For contributions made by check from a
654personal joint account, the match shall only be for the
655individual who actually signs the check.
656     (6)  Any candidate who receives funds under the Florida
657Election Campaign Financing Act shall return such funds to the
658General Revenue Fund as follows:
659     (a)  During a primary election, a candidate who expends
660funds on any political advertisement that depicts, shows, or
661references the candidate's opponent in the primary or general
662election shall return to the General Revenue Fund an amount
663equal to the amount of such expenditure. In no case shall the
664candidate be required to return to the General Revenue Fund more
665than the candidate received under the act.
666     (b)  During a general election, a candidate, or the
667political party of which the candidate is the nominee, who
668expends funds on any political advertisement that depicts,
669shows, or references the candidate's opponent in the general
670election shall return to the General Revenue Fund an amount
671equal to the amount of such expenditure. If the expenditure is
672more than the candidate received under the act, then the
673political party of which the candidate is the nominee shall
674return such funds.
675     Section 17.  Section 106.191, Florida Statutes, is
676repealed.
677     Section 18.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader