October 16, 2019
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       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
   47  individuals, 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. Accept Accepts contributions for the purpose of making
   51  contributions to any candidate, political committee, committee
   52  of continuous existence, or political party;
   53         b. Accept Accepts contributions 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. Make Makes expenditures that expressly advocate the
   57  election or defeat of a candidate or the passage or defeat of an
   58  issue; or
   59         d. Make Makes contributions 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 that which are 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.
   74         2.Corporations regulated by chapter 607 or chapter 617 or
   75  other business entities formed for purposes other than to
   76  support or oppose issues or candidates, if their political
   77  activities are limited to contributions to candidates, political
   78  parties, or political committees or expenditures in support of
   79  or opposition to an issue from corporate or business funds and
   80  if no contributions are received by such corporations or
   81  business entities.
   82         2.3. Electioneering communications organizations as defined
   83  in subsection (19); however, such organizations shall be
   84  required to register 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 provide
  119  as clear a description as practicable of the principal type of
  120  business conducted by the corporation. However, if the
  121  contribution is $100 or less, the occupation of the contributor
  122  or principal type of business need 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. For
  176  corporations, the report must provide as clear a description as
  177  practicable of the principal type of business conducted by the
  178  corporation. 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 contributor or
  181  the principal type of business need 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, a no person, political
  250  committee, or committee of continuous existence may 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
  426  corporation, partnership, or other business entity or any
  427  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, it
  432  may be ordered dissolved by a court of competent jurisdiction;
  433  if it is a foreign or nonresident business entity, its right to
  434  do business in this state may be forfeited. Any officer,
  435  partner, agent, attorney, or other representative of a
  436  corporation, partnership, or other business entity, or of a
  437  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
  448  corporation, partnership, or other business entity or any
  449  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,
  454  it may be ordered dissolved by a court of competent
  455  jurisdiction; if it is a foreign or nonresident business entity,
  456  its right to do business in this state may be forfeited. Any
  457  officer, partner, agent, attorney, or other representative of a
  458  corporation, partnership, or other business entity, or of a
  459  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         106.0805Prohibition 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
  604  includes any candidate; any officer of any political committee,
  605  committee of continuous existence, or political party executive
  606  committee; any officer, partner, attorney, or other
  607  representative of a corporation, partnership, or other business
  608  entity; 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, or
  611  corporation, partnership, or other business entity.
  612         Section 7. This act shall take effect July 1, 2010.

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