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Senate Bill 1230

Senate Bill sb1230

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    Florida Senate - 2004                                  SB 1230

    By Senator Wilson





    33-887-04

  1                      A bill to be entitled

  2         An act relating to campaign financing; creating

  3         ss. 106.401-106.425, F.S., to establish the

  4         "Florida Clean Elections Act"; providing a

  5         short title; providing findings and

  6         declarations; defining terms; providing

  7         eligibility requirements for clean-money

  8         campaign funding for candidates for statewide

  9         or legislative office; providing transitional

10         requirements for the current election cycle;

11         providing a continuing obligation to comply;

12         providing limitations on contributions and

13         expenditures; providing limitations on the use

14         of personal funds; providing for seed-money

15         contributions; providing for participation in

16         debates; providing for certification of

17         eligibility; specifying benefits for

18         participating candidates; providing for the

19         amounts and payment schedule of clean-money

20         funding; providing limitations on the

21         expenditure of clean-money funds; providing for

22         disclosure of excess spending by

23         nonparticipating candidates; providing for

24         disclosure of and additional clean money to

25         respond to independent expenditures; providing

26         for disclosure of and additional clean money to

27         respond to issue advertisements; directing the

28         Secretary of State to create a nonpartisan

29         Voter Information Commission and providing its

30         duties; requiring publicly funded television

31         and radio stations to provide free coverage of

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 1         debates for specified elections; providing

 2         limitations on mailing privileges of certain

 3         public officials; providing revenue sources for

 4         the Clean-Money Trust Fund; providing for the

 5         administration and dispersal of clean money

 6         funds; providing limits on political party

 7         contributions and expenditures; amending s.

 8         106.011, F.S.; redefining the term "political

 9         advertisement"; amending s. 106.021, F.S.;

10         eliminating authorization for unrestricted

11         expenditures by political committees and

12         political parties to jointly endorse three or

13         more candidates; amending s. 106.08, F.S.;

14         providing limits on contributions to political

15         parties; revising limits on contributions to

16         candidates by political parties; providing

17         penalties; amending s. 106.087, F.S.;

18         eliminating a restriction on independent

19         expenditures by certain political committees

20         and committees of continuous existence;

21         conforming a cross-reference; reenacting s.

22         106.19(1) and (3), F.S., relating to penalties,

23         to incorporate the amendments to ss. 106.08 and

24         106.265, F.S., in references thereto; amending

25         s. 106.29, F.S; revising reporting requirements

26         of political parties; conforming

27         cross-references; repealing ss. 106.30-106.36,

28         F.S., the "Florida Election Campaign Financing

29         Act," to conform; amending ss. 106.07, 106.141,

30         106.22, 106.265, 320.02, 322.08, 328.72,

31         607.1622, F.S.; revising references and

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    Florida Senate - 2004                                  SB 1230
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 1         providing for deposit of various fines, surplus

 2         funds, and voluntary contributions in the

 3         Clean-Money Trust Fund, to conform; providing

 4         for a surcharge on civil penalties to be

 5         deposited into the trust fund and for deposit

 6         of the surcharge funds into the trust fund;

 7         reenacting ss. 106.143(8) and 106.144(2), F.S.,

 8         relating to the circulation of political

 9         advertisements and endorsements or opposition

10         by certain groups and organizations, to

11         incorporate the amendment to s. 106.265, F.S.,

12         in references thereto; providing severability;

13         providing a contingent effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Sections 106.401 through 106.425, Florida

18  Statutes, are created to read:

19         106.401  Short title.--Sections 106.401-106.426 may be

20  cited as the "Florida Clean Elections Act."

21         106.402  Findings and declarations.--

22         (1)  The Legislature finds and declares that the

23  current system of privately financed campaigns for election to

24  statewide and legislative offices undermines democracy in this

25  state in the following principal ways:

26         (a)  It violates the democratic principle of "one

27  person, one vote" and diminishes the meaning of the right to

28  vote by allowing large contributions to have a deleterious

29  influence on the political process.

30         (b)  It violates the rights of all citizens to equal

31  and meaningful participation in the democratic process.

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    Florida Senate - 2004                                  SB 1230
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 1         (c)  It diminishes the free-speech rights of nonwealthy

 2  voters and candidates whose voices are drowned out by those

 3  who can afford to monopolize the arena of paid political

 4  communications.

 5         (d)  It undermines the First Amendment right of voters

 6  and candidates to be heard in the political process, the First

 7  Amendment right of voters to hear all candidates' speech, and

 8  the core First Amendment value of open and robust debate in

 9  the political process.

10         (e)  It fuels the public perception of corruption and

11  undermines public confidence in the democratic process and

12  democratic institutions.

13         (f)  It drives up the cost of election campaigns,

14  making it difficult for qualified candidates without access to

15  wealthy contributors or personal fortunes to mount competitive

16  campaigns.

17         (g)  It places challengers at a disadvantage, because

18  wealthy contributors tend to give their money to incumbents,

19  thus causing elections to be less competitive.

20         (h)  It inhibits communication with the electorate by

21  candidates without access to large sums of campaign money.

22         (i)  It burdens candidates with the incessant rigors of

23  fundraising and thus decreases the time available to fully

24  present their candidacies and ideas to the public.

25         (2)  The Legislature finds and declares that providing

26  a voluntary clean-money campaign finance system for all

27  primary and general elections would enhance democracy in the

28  state in the following principal ways:

29         (a)  It would help eliminate the deleterious influence

30  of large contributions on the political process, remove access

31  to wealth as a major determinant of a person's influence

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    Florida Senate - 2004                                  SB 1230
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 1  within the political process, and restore meaning to the

 2  principle of "one person, one vote."

 3         (b)  It would help restore the rights of all citizens

 4  to equal and meaningful participation in the democratic

 5  process.

 6         (c)  It would restore the free-speech rights of

 7  nonwealthy candidates and voters by providing candidates with

 8  the equal resources with which to communicate with the voters.

 9         (d)  It would help restore the First Amendment right of

10  voters and candidates to be heard in the political process,

11  the First Amendment right of voters to hear all candidates'

12  speech, and the core First Amendment value of open and robust

13  debate in the political process.

14         (e)  It would diminish the public perception of

15  corruption and strengthen public confidence in the democratic

16  process and democratic institutions.

17         (f)  It would halt and reverse the escalating cost of

18  elections.

19         (g)  It would create a more level playing field for

20  incumbents and challengers, create genuine opportunities for

21  qualified residents of this state to run for statewide or

22  legislative office, and encourage more competitive elections.

23         (h)  It would facilitate communication with the

24  electorate by candidates, regardless of their access to large

25  sums of campaign money.

26         (i)  It would free candidates from the incessant rigors

27  of raising money and allow them more time to fully present

28  their candidacies and ideas to the public.

29         (3)  The Legislature further finds and declares that

30  the unique factual circumstances in this state require that

31  ss. 106.401-106.426 be enacted to promote the compelling state

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    Florida Senate - 2004                                  SB 1230
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 1  interests listed in subsection (2).  The provisions of ss.

 2  106.401-106.426 are designed to create a rough proportionality

 3  between the benefits and restrictions that apply to

 4  participating candidates.  However, it should be clear that

 5  the provisions of ss. 106.401-106.426 are not entirely

 6  neutral.  Participating candidates are deliberately favored to

 7  further the compelling state interest of encouraging

 8  participation in the public financing program.

 9         106.403  Definitions.--As used in ss. 106.401-106.426,

10  the term:

11         (1)  "Allowable contribution" means a qualifying

12  contribution or a seed-money contribution.

13         (2)  "Clean-money qualifying period" means the period

14  during which candidates for statewide or legislative office

15  are permitted to collect qualifying contributions in order to

16  qualify for clean-money funding.  For legislative races, it

17  begins on the 60th day before the beginning of the first

18  primary election campaign period and ends on the 30th day

19  before the day of the first primary election.  For

20  gubernatorial and other statewide races, it begins on the

21  120th day before the beginning of the first primary election

22  campaign period and ends on the 30th day before the day of the

23  first primary election.

24         (3)  "Commission" means the Florida Elections

25  Commission.

26         (4)  "Department" means the Department of State.

27         (5)  "Division" means the Division of Elections of the

28  Department of State.

29         (6)  "Excess expenditure amount" means the amount of

30  money spent or obligated to be spent by a nonparticipating

31  

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    Florida Senate - 2004                                  SB 1230
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 1  candidate in excess of the clean-money amount available to a

 2  participating candidate running for the same office.

 3         (7)  "First primary election campaign period" means the

 4  period beginning on the 60th day before the first primary

 5  election and ending on the day of the first primary election.

 6         (8)  "General election campaign period" means the

 7  period beginning the day after the first or second primary

 8  election, whichever is the last primary election at which the

 9  office sought is contested, and ending on the day of the

10  general election.

11         (9)  "Immediate family" means the candidate's spouse,

12  parents, and children.

13         (10)  "Independent candidate" means a candidate for

14  statewide or legislative office who does not represent a

15  political party that has been granted ballot status and holds

16  a primary election to choose its nominee for the general

17  election.

18         (11)  "Mass mailing" means any mailing of 200 or more

19  identical or substantively identical pieces of mail sent by a

20  candidate for statewide or legislative office or an elected

21  official holding a statewide or legislative office to the

22  voters, residents, or postal boxholders within the territorial

23  jurisdiction of the office sought by such candidate or held by

24  such official. Such mailings, consisting of substantively

25  identical letters, newsletters, pamphlets, brochures, or other

26  written material, are distinct from mailings made in direct

27  response to communications from persons or groups to whom the

28  matter is mailed; mailings to federal, state, or local

29  government officials; and news releases to the communications

30  media, all of which are exempt from this definition.

31  

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    Florida Senate - 2004                                  SB 1230
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 1         (12)  "Nonparticipating candidate" means a candidate

 2  for statewide or legislative office who is on the ballot but

 3  has chosen not to apply for clean-money campaign funding or a

 4  candidate for statewide or legislative office who is on the

 5  ballot and has applied but has not satisfied the requirements

 6  for receiving clean-money funding.

 7         (13)  "Participating candidate" means a candidate for

 8  statewide or legislative office who qualifies for clean-money

 9  campaign funding.  Such candidates are eligible to receive

10  clean-money funding during primary and general election

11  campaign periods.

12         (14)  "Party candidate" means a candidate for statewide

13  or legislative office who represents a political party that

14  has been granted ballot status and holds a primary election to

15  choose its nominee for the general election.

16         (15)  "Qualifying contribution" means a contribution of

17  $5 that is received during the applicable clean-money

18  qualifying period by a candidate seeking to become eligible

19  for clean-money campaign funding and that is acknowledged by a

20  written receipt identifying the contributor.  Contributors

21  must be registered voters who reside within the territorial

22  jurisdiction of the office and who are therefore eligible to

23  vote for that candidate. Qualifying contributions must be made

24  in cash or by check or money order; must be accompanied by a

25  receipt fully identifying the contributor, which includes a

26  signed statement indicating that he or she fully understands

27  the purpose of the contribution and that the contribution is

28  made without coercion or reimbursement; and must be turned

29  over to the division for deposit in the Clean-Money Trust

30  Fund.  Qualifying contributions must be gathered by the

31  

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    Florida Senate - 2004                                  SB 1230
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 1  candidates themselves or by volunteers who receive no

 2  compensation.

 3         (16)  "Second primary election campaign period" means

 4  the period beginning the day after the first primary election

 5  and ending on the day of the second primary election.

 6         (17)  "Seed-money contribution" means a contribution of

 7  no more than $100 in the aggregate from any one source during

 8  the seed-money period.  The term does not include payments by

 9  a membership organization for the costs of communications to

10  its members, payments by a membership organization for the

11  purpose of facilitating the making of qualifying

12  contributions, and volunteer activity, including the payment

13  of incidental expenses by volunteers.

14         (18)  "Seed-money period" means the period beginning

15  the day following the previous general election for the office

16  sought and ending on the last day of the clean-money

17  qualifying period.  This is the exploratory period during

18  which candidates who wish to become eligible for clean-money

19  funding for the next elections are permitted to raise and

20  spend a limited amount of private seed money, in contributions

21  of up to $100 per individual, for the purpose of testing the

22  waters and fulfilling the clean-money eligibility

23  requirements.

24         (19)  "Statewide office" means the office of Governor

25  or Cabinet member.  The office of Governor includes the office

26  of Lieutenant Governor as a single joint candidacy in

27  accordance with s. 99.063.

28         106.404  Eligibility for clean-money campaign funding

29  for party candidates.--

30  

31  

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    Florida Senate - 2004                                  SB 1230
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 1         (1)  A party candidate qualifies as a participating

 2  candidate for the first and second primary election campaign

 3  periods if the candidate:

 4         (a)  Files a declaration with the division that he or

 5  she has complied and will continue to comply with the

 6  requirements of ss. 106.401-106.426, especially the

 7  requirement that during the seed-money period and the

 8  clean-money qualifying period the candidate not accept or

 9  spend private contributions from any source other than

10  seed-money contributions and qualifying contributions unless

11  the provisions of s. 106.406 apply; and

12         (b)  Meets the following qualifying contribution

13  requirements before the close of the clean-money qualifying

14  period:

15         1.  A party candidate must collect at least the

16  following number of qualifying contributions:

17         a.  For a candidate running for the office of state

18  representative, 500.

19         b.  For a candidate running for the office of state

20  senator, 1,500.

21         c.  For a candidate running for Cabinet office, 15,000.

22         d.  For a candidate running for the office of Governor,

23  20,000.

24         2.  Each qualifying contribution must be:

25         a.  Acknowledged by a receipt to the contributor with a

26  copy to be kept by the candidate and a copy to be submitted to

27  the division.  The receipt shall indicate, by the

28  contributor's signature, that the contributor understands that

29  the purpose of the contribution is to help the candidate

30  qualify for clean-money campaign funding and that he or she is

31  currently registered to vote in the territorial jurisdiction

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    Florida Senate - 2004                                  SB 1230
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 1  of the office sought by the candidate.  The receipt must

 2  include the contributor's signature, printed name, home

 3  address, and telephone number and the name of the candidate on

 4  whose behalf the contribution is made.

 5         b.  Submitted, with the copy of the signed and

 6  completed receipt, to the division according to the schedule

 7  and procedure determined by the division. A contribution

 8  submitted as a qualifying contribution that does not include

 9  the copy of the signed and completed receipt may not be

10  counted as a qualifying contribution.

11         (2)  A party candidate qualifies as a participating

12  candidate for the general election campaign period if:

13         (a)  He or she has met all of the applicable

14  requirements of ss. 106.401-106.426 and filed a declaration

15  with the division that he or she has fulfilled and will

16  continue to fulfill the requirements of a participating

17  candidate as stated in ss. 106.401-106.426; and

18         (b)  As a participating candidate during the first and

19  second primary election campaign periods, he or she received

20  the highest number of votes of the candidates contesting the

21  primary elections from his or her respective party or, by

22  other means, won the party's official nomination.

23         106.405  Eligibility for clean-money campaign funding

24  for independent candidates.--

25         (1)  An independent candidate qualifies as a

26  participating candidate for the first and second primary

27  election campaign periods if the candidate:

28         (a)  Files a declaration with the division that he or

29  she has complied and will continue to comply with the

30  requirements of ss. 106.401-106.426, especially the

31  requirement that during the seed-money period and the

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 1  clean-money qualifying period the candidate not accept or

 2  spend private contributions from any source other than

 3  seed-money contributions and qualifying contributions unless

 4  the provisions of s. 106.406 apply; and

 5         (b)  Meets the following qualifying contribution

 6  requirements before the close of the clean-money qualifying

 7  period:

 8         1.  An independent candidate must collect the same

 9  number of qualifying contributions as a party candidate must

10  collect for the same office as provided in s. 106.404.

11         2.  Each qualifying contribution must be:

12         a.  Acknowledged by a receipt to the contributor, with

13  a copy to be kept by the candidate and a copy to be submitted

14  to the division.  The receipt must indicate, by the

15  contributor's signature, that the contributor understands that

16  the purpose of the contribution is to help the candidate

17  qualify for clean-money campaign funding and that he or she is

18  currently registered to vote in the territorial jurisdiction

19  of the office sought by the candidate. The receipt must

20  include the contributor's signature, printed name, home

21  address, and telephone number and the name of the candidate on

22  whose behalf the contribution is made.

23         b.  Submitted, with the copy of the signed and

24  completed receipt, to the division according to the schedule

25  and procedure determined by the division. A contribution

26  submitted as a qualifying contribution that does not include

27  the copy of the signed and completed receipt may not be

28  counted as a qualifying contribution.

29         (2)  An independent candidate qualifies as a

30  participating candidate for the general election campaign

31  period if:

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    Florida Senate - 2004                                  SB 1230
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 1         (a)  Before the first and second primary election, he

 2  or she has met all of the applicable requirements of ss.

 3  106.401-106.426 and filed a declaration with the division that

 4  he or she has fulfilled and will continue to fulfill the

 5  requirements of a participating candidate as stated in ss.

 6  106.401-106.426; and

 7         (b)  During the first and second primary election

 8  campaign periods, he or she has fulfilled all of the

 9  requirements of a participating candidate as stated in ss.

10  106.401-106.426.

11         106.406  Transitional requirements for current election

12  cycle.--During the election cycle in effect on July 1, 2004, a

13  candidate may be certified as a participating candidate,

14  notwithstanding the acceptance of contributions or the making

15  of expenditures from private funds before July 1, 2004, which

16  would otherwise disqualify the candidate as a participating

17  candidate, if all private funds accepted but not expended

18  before July 1, 2004, are either returned to the contributors

19  or submitted to the division for deposit in the Clean-Money

20  Trust Fund.

21         106.407  Continuing obligation to comply.--A

22  participating candidate who accepts any benefits during the

23  first and second primary election campaign periods must comply

24  with all requirements of ss. 106.401-106.426 through the

25  general election campaign period whether or not he or she

26  continues to accept benefits, unless the candidate either

27  loses in one of the primary elections or withdraws his or her

28  candidacy and subsequently is selected as a candidate for

29  Lieutenant Governor with a nonparticipating candidate for

30  Governor.

31  

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 1         106.408  Contributions and expenditures; limitations

 2  and reporting.--

 3         (1)  During the primary and general election campaign

 4  periods, a participating candidate who has voluntarily agreed

 5  to participate in and has become eligible for clean-money

 6  benefits may not accept private contributions from any source

 7  other than the candidate's political party.

 8         (2)  A person may not make a contribution in the name

 9  of another person. A participating candidate who receives a

10  qualifying contribution or seed-money contribution that is not

11  from the person listed on the receipt required by s.

12  106.404(1)(b)2., s. 106.405(1)(b)2., or s. 106.410(3) is

13  liable to pay the commission the entire amount of the illegal

14  contribution, in addition to any other penalties prescribed by

15  this chapter.

16         (3)  During the primary and general election campaign

17  periods, a participating candidate must pay for all of his or

18  her campaign expenditures, except petty cash expenditures, by

19  means of the clean money debit card, as specified in s.

20  106.424.

21         (4)  Eligible candidates shall furnish complete

22  campaign records, including all records of seed-money

23  contributions and qualifying contributions, to the division at

24  regular filing times or on request by the division.

25  Candidates must cooperate with any audit or examination by the

26  division or the commission.

27         106.409  Use of personal funds.--

28         (1)  Personal funds contributed as seed money by a

29  candidate seeking to become eligible as a participating

30  candidate or by adult members of his or her immediate family

31  

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 1  may not exceed the maximum of $100 in the aggregate per

 2  contributor.

 3         (2)  Personal funds may not be used to meet the

 4  qualifying contribution requirement except for one qualifying

 5  contribution from the candidate and one qualifying

 6  contribution from the candidate's spouse, provided the

 7  candidate and his or her spouse are registered voters of the

 8  territorial jurisdiction of the office sought by the

 9  candidate.

10         106.410  Seed-money contributions.--

11         (1)  The only private contributions a candidate seeking

12  to become eligible for clean-money funding may accept, other

13  than qualifying contributions, are seed-money contributions

14  contributed before the end of the clean-money qualifying

15  period.

16         (2)  A seed-money contribution may not exceed $100 in

17  the aggregate from any one source, and the aggregate amount of

18  seed-money contributions from all sources accepted by a

19  candidate seeking to become eligible for clean-money funding

20  may not exceed:

21         (a)  For a candidate running for the office of state

22  representative, $10,000.

23         (b)  For a candidate running for the office of state

24  senator, $30,000.

25         (c)  For a candidate running for Cabinet office,

26  $200,000.

27         (d)  For a candidate running for the office of

28  Governor, $500,000.

29         (3)  Receipts for seed-money contributions under $25

30  must include the contributor's signature, printed name, and

31  address.  Receipts for seed-money contributions of $25 or more

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 1  must include the contributor's signature, printed name, street

 2  address and zip code, telephone number, occupation, and name

 3  of employer.  Contributions may not be accepted if the

 4  required disclosure information is not provided.

 5         (4)  Seed money may be spent only during the

 6  clean-money qualifying period.  Seed money may not be spent

 7  during the primary or general election campaign periods.

 8         (5)  Within 48 hours after the close of the clean-money

 9  qualifying period, each candidate seeking to become eligible

10  for clean-money funding must fully disclose all seed-money

11  contributions and expenditures to the division and turn over

12  to the division for deposit in the Clean-Money Trust Fund any

13  seed money raised during the applicable seed-money period that

14  exceeds the aggregate seed-money limit.

15         106.411  Participation in debates.--

16         (1)  Participating candidates must participate in one

17  1-hour debate during a contested first primary election, one

18  1-hour debate during a contested second primary election, and

19  two 1-hour debates during a contested general election when

20  public debate opportunities are available.

21         (2)  Licensed broadcasters receiving state funding or

22  providing publicly authorized cable services are required to

23  publicly broadcast one such debate, when practicable, for

24  gubernatorial and other statewide races.

25         (3)  Nonparticipating candidates for the same offices

26  whose names will appear on the ballot must be invited to join

27  the debates.

28         106.412  Certification of eligibility.--

29         (1)  No more than 5 days after a candidate applies for

30  clean-money benefits, the division shall certify or fail to

31  certify the candidate as eligible.  Eligibility may be revoked

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 1  if the candidate violates any of the requirements of ss.

 2  106.401-106.426, in which case all clean-money funds received

 3  by the candidate must be repaid.

 4         (2)  The candidate's request for eligibility

 5  certification shall be signed by the candidate and his or her

 6  campaign treasurer under penalty of perjury.

 7         (3)  The division's determination is final, except that

 8  it is subject to examination and audit by an outside agency

 9  and to a prompt, expedited judicial review.

10         106.413  Benefits provided to candidates eligible to

11  receive clean money.--

12         (1)  Candidates who qualify for clean-money funding for

13  primary and general elections shall:

14         (a)  Receive clean-money funding from the division for

15  each election in the amounts specified in s. 106.415.  This

16  funding may be used to finance any and all campaign expenses

17  during the particular campaign period for which it was

18  allocated.

19         (b)  Receive media benefits and mailing privileges as

20  provided in ss. 106.401-106.426, including up to $5,000 each

21  election for broadcasting expenses for qualified political

22  advertisements that are determined under s. 106.420 as meeting

23  the standards of "Truth in Campaigning" established by the

24  Voter Information Commission and the division.

25         (c)  Receive additional clean-money funding to match

26  any excess expenditure amount spent by nonparticipating

27  candidates, as specified in s. 106.417.

28         (d)  Receive additional clean-money funding to match

29  any independent expenditure made in opposition to their

30  candidacies or on behalf of their opponents' candidacies, as

31  specified in s. 106.418.

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 1         (e)  Receive additional clean-money funding to match

 2  any issue advertisement made in opposition to their

 3  candidacies or on behalf of their opponents' candidacies, as

 4  specified in s. 106.419.

 5         (2)  The maximum aggregate amount of additional funding

 6  a participating candidate may receive to match independent

 7  expenditures, issue advertisements, and the excess

 8  expenditures of nonparticipating candidates is 300 percent of

 9  the full amount of clean-money funding allocated to the

10  candidate for a particular primary or general election

11  campaign period.

12         106.414  Schedule of clean-money payments.--

13         (1)(a)  An eligible party candidate shall receive his

14  or her clean-money funding for the first or second primary

15  election campaign period on the date on which the division

16  certifies the candidate as a participating candidate. This

17  certification shall take place no later than 5 days after the

18  candidate has submitted the required number of qualifying

19  contributions and a declaration stating that he or she has

20  complied with all other requirements for eligibility as a

21  participating candidate, but no earlier than the beginning of

22  the first or second primary election campaign period.

23         (b)  An eligible party candidate shall receive his or

24  her clean-money funding for the general election campaign

25  period within 48 hours after certification of the applicable

26  primary election results.

27         (2)(a)  An eligible independent candidate shall receive

28  his or her clean-money funding for the first or second primary

29  election campaign period on the date on which the division

30  certifies the candidate as a participating candidate.  This

31  certification shall take place no later than 5 days after the

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 1  candidate has submitted the required number of qualifying

 2  contributions and a declaration stating that he or she has

 3  complied with all other requirements for eligibility as a

 4  participating candidate, but no earlier than the beginning of

 5  the first or second primary election campaign period.

 6         (b)  An eligible independent candidate shall receive

 7  his or her clean-money funding for a general election campaign

 8  period within 48 hours after certification of the applicable

 9  primary election results.

10         106.415  Determination of clean-money amounts.--

11         (1)(a)  The amount of clean-money funding for an

12  eligible party candidate in a contested first primary election

13  is:

14         1.  For a candidate running for the office of state

15  representative, $45,000.

16         2.  For a candidate running for the office of state

17  senator, $135,000.

18         3.  For a candidate running for Cabinet office,

19  $700,000.

20         4.  For a candidate running for the office of Governor,

21  $2 million.

22         (b)  The clean-money amount for an eligible party

23  candidate in an uncontested first primary election is 10

24  percent of the amount provided in a contested first primary

25  election.

26         (c)  The clean-money amount for an eligible party

27  candidate in a second primary election is 25 percent of the

28  amount authorized for that candidate for the first primary

29  election.

30         (d)  The amount of clean-money funding for an eligible

31  party candidate in a contested general election is:

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 1         1.  For a candidate running for the office of state

 2  representative, $60,000.

 3         2.  For a candidate running for the office of state

 4  senator, $180,000.

 5         3.  For a candidate running for Cabinet office, $1

 6  million.

 7         4.  For a candidate running for the office of Governor,

 8  $5 million.

 9         (2)(a)  The clean-money amount for an eligible

10  independent candidate in a primary election is 10 percent of

11  the amount received by a party candidate in a contested

12  primary election.

13         (b)  The clean-money amount for an eligible independent

14  candidate in the general election is the same as the full

15  amount received by a party candidate in the general election.

16         (3)  After the first cycle of elections subject to ss.

17  106.401-106.426, the division shall adjust the clean-money

18  amounts authorized under this section based on the rate of

19  inflation or the cost-of-living index.

20         106.416  Expenditures made with clean-money funds.--

21         (1)  The clean-money funding received by a

22  participating candidate may be used only for the purpose of

23  defraying that candidate's campaign-related expenses during a

24  particular election campaign period for which the clean-money

25  funding was allocated.

26         (2)  Clean-money funding may not be used in violation

27  of the law or to repay any personal, family, or business

28  loans, expenditures, or debts.

29         106.417  Disclosure of excess spending by

30  nonparticipating candidates.--

31  

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 1         (1)  If a nonparticipating candidate's total

 2  expenditures for a primary or general election campaign period

 3  exceed the amount of clean-money funding allocated to his or

 4  her clean-money opponent for that period, he or she shall

 5  disclose to the division within 48 hours each excess

 6  expenditure amount that, in the aggregate, is more than

 7  $1,000.

 8         (2)  During the last 20 days before the end of the

 9  applicable campaign period, a nonparticipating candidate shall

10  disclose to the division each excess expenditure amount that,

11  in the aggregate, is more than $500, within 24 hours of when

12  the expenditure is made or obligated to be made.

13         (3)  The division may make its own determination as to

14  whether excess expenditures have been made by nonparticipating

15  candidates.

16         (4)  Upon receiving an excess expenditure disclosure

17  under this section, the division shall immediately release

18  additional clean-money funding to the opposing participating

19  candidate equal to the excess expenditure amount the

20  nonparticipating candidate has spent or intends to spend,

21  subject to the limit set forth in s. 106.413(2).

22         106.418  Disclosure of and additional clean money to

23  respond to independent expenditures.--

24         (1)  As used in this section, the term:

25         (a)  "Coordination" means a payment made for a

26  communication or anything of value that is for the purpose of

27  influencing the outcome of an election for statewide or

28  legislative office and that is made:

29         1.  By a person in cooperation, consultation, or

30  concert with, at the request or suggestion of, or pursuant to

31  a particular understanding with a candidate, a candidate's

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 1  campaign committee, or an agent acting on behalf of a

 2  candidate or a candidate's campaign committee;

 3         2.  By a person for the dissemination, distribution, or

 4  republication, in whole or in part, of any broadcast or any

 5  written, graphic, or other form of campaign material prepared

 6  by a candidate, a candidate's campaign committee, or an agent

 7  of a candidate or a candidate's campaign committee;

 8         3.  Based on specific information about the candidate's

 9  plans, projects, or needs provided to the person making the

10  payment by the candidate or the candidate's agent who provides

11  the information with a view toward having the payment made;

12         4.  By a person if, in the same election cycle in which

13  the payment is made, the person making the payment is serving

14  or has served as a member, employee, fund raiser, or agent of

15  the candidate's campaign committee in an executive or

16  policymaking position;

17         5.  By a person if the person making the payment has

18  served in any formal policymaking or advisory position with

19  the candidate's campaign or has participated in strategic or

20  policymaking discussions with the candidate's campaign

21  relating to the candidate's pursuit of nomination for election

22  or election to a statewide or legislative office in the same

23  election cycle as the election cycle in which the payment is

24  made; or

25         6.  By a person if the person making the payment

26  retains the professional services of an individual or person

27  who, in a nonministerial capacity, has provided or is

28  providing campaign-related services in the same election cycle

29  to a candidate who is pursuing the same nomination or election

30  as any of the candidates to whom the communication refers.

31  

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 1         (b)  "Express advocacy" means a communication that is

 2  made through a broadcast medium, newspaper, magazine,

 3  billboard, direct mail, or similar type of general public

 4  communication or political advertising that advocates the

 5  election or defeat of a clearly identifiable candidate,

 6  including any communication that contains a phrase such as

 7  "vote for," "re-elect," "support," "cast your ballot for,"

 8  "(name of candidate) for (name of office)," "(name of

 9  candidate) in (year)," "vote against," "defeat," "reject," or

10  contains campaign slogans or individual words that in context

11  can have no reasonable meaning other than to recommend the

12  election or defeat of one or more clearly identifiable

13  candidates.  The term does not include any news story,

14  commentary, or editorial by a broadcasting station, newspaper,

15  magazine, or other publication, if the entity is not owned by

16  or affiliated with any candidate or candidate committee or a

17  regularly published newsletter or other communication whose

18  circulation is limited to an organization's members,

19  employees, shareholders, other affiliated individuals, and

20  those who request or purchase the internal publication.

21         (c)  "Independent expenditure" means an expenditure

22  made by a person or group other than a candidate or a

23  candidate's campaign committee which is made for a

24  communication that contains express advocacy and is made

25  without the participation or cooperation of and without

26  coordination with a candidate or a candidate's campaign

27  committee.

28         (d)  "Professional services" includes services in

29  support of a candidate's pursuit of nomination for election or

30  election to statewide or legislative office, such as polling,

31  media advice, direct mail, fundraising, or campaign research.

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 1         (2)(a)  Any person who makes an independent expenditure

 2  in support of or in opposition to a candidate for statewide or

 3  legislative office during a primary or general election

 4  campaign period which, in the aggregate, exceeds $1,000 shall

 5  report each such expenditure within 48 hours to the division.

 6         (b)  The report to the division shall include a

 7  statement, under penalty of perjury, by the person making the

 8  independent expenditure identifying the candidate whom the

 9  independent expenditure is intended to help elect or defeat

10  and affirming that the expenditure is totally independent and

11  involves no cooperation or coordination with a candidate or

12  political party.

13         (c)  An individual or organization may file a complaint

14  with the commission if the individual or organization believes

15  that such a statement is false.  The commission shall make a

16  prompt determination about such a complaint.

17         (3)  Upon receiving a report under this section that an

18  independent expenditure has been made or is obligated to be

19  made, the division shall immediately release additional

20  clean-money funding, equal in amount to the cost of the

21  independent expenditure, to all participating candidates whom

22  the independent expenditure is intended to oppose or defeat,

23  if the maximum aggregate amount of additional funding a

24  participating candidate receives to match independent

25  expenditures, issue advertisements, and the excess

26  expenditures of nonparticipating candidates is no more than

27  300 percent of the full amount of clean-money funding

28  allocated to a participating candidate in that election and

29  the aggregate amount of the campaign expenditures combined

30  with the amount of the independent expenditures of the

31  nonparticipating candidate benefiting from the independent

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 1  expenditure exceeds the amount of clean-money funding received

 2  by the participating candidate.

 3         (4)  Funding in the same amounts must also be granted

 4  to any participating candidate when another participating

 5  candidate benefits, however unintentionally, from independent

 6  expenditures that, in the aggregate with other expenditures,

 7  exceed the clean-money amount received by the participating

 8  candidates.

 9         106.419  Disclosure of, and additional clean money to

10  respond to issue advertisements.--

11         (1)  As used in this section, the term "issue

12  advertisement" means a communication through a broadcasting

13  station, newspaper, magazine, outdoor advertising facility,

14  mailing, or any other type of general public political

15  advertising the purchase of which is not an independent

16  expenditure or a contribution and which costs, in the

17  aggregate, $1,000 or more, contains the name or likeness of

18  one or more candidates, is communicated during a primary or

19  general election period, and recommends a position on a

20  political issue.

21         (2)  A person who makes a disbursement to purchase an

22  issue advertisement shall file a report with the division not

23  later than 48 hours after making the disbursement which

24  specifies the amount of the disbursement, the name and address

25  of the person making the disbursement, the purpose of the

26  issue advertisement, and the script or a printed or duplicated

27  audio copy of the advertisement.

28         (3)  Upon receiving a report under this section that an

29  issue advertisement has been made or is obligated to be made,

30  and upon determination that the advertisement can reasonably

31  be interpreted as having the effect of promoting the defeat of

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 1  a participating candidate or the election of that candidate's

 2  opponent, the division shall immediately authorize the release

 3  to that candidate of additional clean-money funding, equal in

 4  amount to the cost of the issue advertisement, subject to the

 5  limit set forth in s. 106.413(2).

 6         106.420  Voter Information Commission.--

 7         (1)  The Secretary of State shall establish and

 8  administer a nonpartisan Voter Information Commission

 9  consisting of representatives of nonprofit organizations,

10  political parties, the media, and interested citizens.

11         (2)  The Voter Information Commission may establish a

12  voter information program for the purpose of providing voters

13  with election-related information and fostering political

14  dialogue and debate.

15         (3)  The Voter Information Commission shall organize

16  the publication and distribution of a voter information guide

17  that includes important information about candidates appearing

18  on the ballot, including biographical material submitted by

19  the candidates; information on whether candidates are funding

20  their campaigns with public money or private money; policy

21  statements by the candidates or their political parties on

22  issues designated by the Voter Information Commission and

23  other issues; and, when pertinent, candidates' voting records.

24         (4)  The Voter Information Commission shall evaluate,

25  or delegate the evaluation of, the veracity of a candidate's

26  own political advertisements submitted by participating

27  candidates to determine whether each advertisement meets the

28  standards of "Truth in Campaigning" as established by the

29  Voter Information Commission and the division and reviewed

30  biennially before the filing date for candidates in each

31  general election year.  Upon determination of qualification

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 1  for an advertisement, the Voter Information Commission shall

 2  immediately notify the candidate and the division that the

 3  advertisement meets the established standards of "Truth in

 4  Campaigning."

 5         106.421  Broadcast debates.--

 6         (1)  All television and radio broadcast stations

 7  publicly funded in part or providing publicly approved cable

 8  services shall make available, as a condition of their

 9  licenses, free coverage for gubernatorial and other statewide

10  candidate debates in contested primary and general elections.

11         (2)  At a minimum, broadcasters shall broadcast, when

12  practicable, and participating candidates in gubernatorial and

13  other statewide races shall participate in, one 1-hour debate

14  during a contested primary election and two 1-hour debates

15  during a contested general election.

16         (3)  All participating candidates shall participate in

17  public debates when practicable, and all nonparticipating

18  candidates for the same offices whose names will appear on the

19  ballot must be invited to join the debates.

20         106.422  Limit on use of public official mailing

21  privileges.--

22         (1)  Except as provided in subsection (2), an elected

23  official holding a statewide or legislative office shall not

24  mail any mass mailing as government mail during the period

25  between July 1 of the election year and the date of the

26  general election for that office, unless the official has made

27  a public announcement that he or she will not be a candidate

28  for reelection to that office or for election to any other

29  statewide or legislative office during that election cycle.

30         (2)  The normal privileges for elected officials

31  holding a statewide or legislative office shall remain

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 1  applicable to mailings not covered under the definition of

 2  mass mailing in s. 106.403.

 3         106.423  Revenue sources for the Clean-Money Trust

 4  Fund.--

 5         (1)  The Legislature may appropriate funds that, when

 6  added to the revenue outlined in subsection (2), will be

 7  sufficient to fully carry out the provisions of ss.

 8  106.401-106.426, and such funds shall be deposited in the

 9  Clean-Money Trust Fund.

10         (2)  Other sources of revenue to be deposited in the

11  Clean-Money Trust Fund include:

12         (a)  The qualifying contributions required of

13  candidates seeking to become certified as participating

14  candidates and such candidates' qualifying contributions in

15  excess of the minimum number to qualify as a participating

16  candidate.

17         (b)  The excess seed-money contributions of candidates

18  seeking to become certified as participating candidates.

19         (c)  Unspent funds distributed to any participating

20  candidate who does not remain a candidate until the primary or

21  general election for which they were distributed, or such

22  funds that remain unspent by a participating candidate

23  following the date of the primary or general election for

24  which they were distributed.

25         (d)  Fines levied by the commission against candidates

26  for violation of election laws, except for those fines

27  required to be deposited in the Elections Commission Trust

28  Fund.

29         (e)  Voluntary donations made directly to the trust

30  fund.

31  

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 1         (f)  Funds from the surcharge on civil penalties levied

 2  under s. 106.265(3).

 3         (g)  Any interest generated by the trust fund.

 4         (h)  Any other sources of revenue authorized by law.

 5         106.424  Administration and disbursal of clean money.--

 6         (1)  Upon determining that a candidate has met all the

 7  requirements for becoming a participating candidate as

 8  provided in ss. 106.401-106.426, the division shall authorize

 9  the issuance to the candidate of a clean-money debit card and

10  a line of debit entitling the candidates and members of the

11  candidate's staff to draw clean-money funds from a state

12  account to pay for all campaign costs and expenses up to the

13  amount of clean-money funding the candidate has been

14  authorized.

15         (2)  Neither a participating candidate nor any other

16  person on behalf of a participating candidate shall pay

17  campaign costs by cash, check, money order, loan, or any other

18  financial means besides the clean-money debit card, except as

19  otherwise provided in subsection (3).

20         (3)  Cash amounts of $500 or less per day may be drawn

21  on the clean-money debit card and used to pay expenses of no

22  more than $100 each.  Records of all such expenditures must be

23  maintained and reported to the division.

24         (4)  Upon determination by the Voter Information

25  Commission that a candidate's political advertisement

26  qualifies under the "Truth in Campaigning" standards proposed

27  by the Voter Information Commission and adopted by the

28  division, the division shall authorize payment for the

29  broadcast advertisement, which may be made directly to

30  broadcast vendors in the candidate's behalf, except that the

31  

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 1  amount of payments for each candidate in each election may not

 2  exceed an aggregate total of $5,000.

 3         106.425  Political party contributions and

 4  expenditures.--

 5         (1)  Participating candidates may accept monetary or

 6  in-kind contributions from political parties if the aggregate

 7  amount of the contributions from all political party

 8  committees combined does not exceed the equivalent of 10

 9  percent of the clean-money financing amount for that office

10  and if that aggregate amount does not exceed $100,000 per

11  candidate per election cycle.

12         (2)  Contributions made to, and expenditures made by,

13  political parties during primary and general election campaign

14  periods must be reported to the division on the same basis as

15  contributions and expenditures made to or by candidates.

16         (3)  This section does not prevent political party

17  funds from being used for general operating expenses of the

18  party; conventions; nominating and endorsing candidates on a

19  nonrecurring basis within each election period; identifying,

20  researching, and developing the party's positions on issues;

21  party platform activities; noncandidate-specific voter

22  registration; noncandidate-specific, get-out-the-vote drives;

23  travel expenses for noncandidate party leaders and staff; and

24  other noncandidate-specific, party-building activities.

25         Section 2.  Subsection (17) of section 106.011, Florida

26  Statutes, is amended to read:

27         106.011  Definitions.--As used in this chapter, the

28  following terms have the following meanings unless the context

29  clearly indicates otherwise:

30         (17)(a)  "Political advertisement" means a paid

31  expression in any communications media prescribed in

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 1  subsection (13), whether radio, television, newspaper,

 2  magazine, periodical, campaign literature, direct mail, or

 3  display or by means other than the spoken word in direct

 4  conversation, which shall support or oppose any candidate,

 5  elected public official, or issue. A political advertisement

 6  shall be deemed to support or oppose a candidate or elected

 7  public official if it mentions or shows a clearly identifiable

 8  candidate for election or reelection and is distributed at any

 9  point during the period following the last day of qualifying

10  for that candidacy through the immediately ensuing general

11  election, regardless of whether the communication contains the

12  words "vote for," "reelect," "vote against," "defeat," or any

13  similar words or statements.

14         (b)  However, "Political advertisement" does not

15  include:

16         1.(a)  A statement by an organization, in existence

17  prior to the time during which a candidate qualifies or an

18  issue is placed on the ballot for that election, in support of

19  or opposition to a candidate or issue, in that organization's

20  newsletter, which newsletter is distributed only to the

21  members of that organization.

22         2.(b)  Editorial endorsements by any newspaper, radio

23  or television station, or other recognized news medium.

24         3.  A paid expression in any communications medium

25  which mentions or shows a clearly identifiable candidate for

26  election or reelection and which:

27         a.  Advertises a business rather than the candidate, is

28  paid for out of funds of that business, and is similar to

29  other advertisements for that business which have mentioned or

30  shown the candidate and have been distributed on a regular

31  

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 1  basis over a period of at least 1 year before the qualifying

 2  period for that candidacy; or

 3         b.  Is distributed or broadcast only to areas other

 4  than the geographical area of the electorate for that

 5  candidacy.

 6         Section 3.  Subsection (3) of section 106.021, Florida

 7  Statutes, is amended to read:

 8         106.021  Campaign treasurers; deputies; primary and

 9  secondary depositories.--

10         (3)  Except for independent expenditures, no

11  contribution or expenditure, including contributions or

12  expenditures of a candidate or of the candidate's family,

13  shall be directly or indirectly made or received in

14  furtherance of the candidacy of any person for nomination or

15  election to political office in the state or on behalf of any

16  political committee except through the duly appointed campaign

17  treasurer of the candidate or political committee; however, a

18  candidate or any other individual may be reimbursed for

19  expenses incurred for travel, food and beverage, office

20  supplies, and mementos expressing gratitude to campaign

21  supporters by a check drawn upon the campaign account and

22  reported pursuant to s. 106.07(4). In addition, expenditures

23  may be made directly by any political committee or political

24  party regulated by chapter 103 for obtaining time, space, or

25  services in or by any communications medium for the purpose of

26  jointly endorsing three or more candidates, and any such

27  expenditure shall not be considered a contribution or

28  expenditure to or on behalf of any such candidates for the

29  purposes of this chapter.

30         (4)  A deputy campaign treasurer may exercise any of

31  the powers and duties of a campaign treasurer as set forth in

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 1  this chapter when specifically authorized to do so by the

 2  campaign treasurer and the candidate, in the case of a

 3  candidate, or the campaign treasurer and chair of the

 4  political committee, in the case of a political committee.

 5         (5)  For purposes of appointing a campaign treasurer

 6  and designating a campaign depository, candidates for the

 7  offices of Governor and Lieutenant Governor on the same ticket

 8  shall be considered a single candidate.

 9         Section 4.  Section 106.08, Florida Statutes, is

10  amended to read:

11         106.08  Contributions; limitations on.--

12         (1)(a)  Except for political parties, no person,

13  political committee, or committee of continuous existence may,

14  in any election, make contributions in excess of $500 to any

15  candidate for election to or retention in office or to any

16  political committee supporting or opposing one or more

17  candidates. Candidates for the offices of Governor and

18  Lieutenant Governor on the same ticket are considered a single

19  candidate for the purpose of this section.

20         (b)1.  The contribution limits provided in this

21  subsection do not apply to contributions made by a state or

22  county executive committee of a political party regulated by

23  chapter 103 or to amounts contributed by a candidate to his or

24  her own campaign.

25         2.  Notwithstanding the limits provided in this

26  subsection, an unemancipated child under the age of 18 years

27  of age may not make a contribution in excess of $100 to any

28  candidate or to any political committee supporting one or more

29  candidates.

30         (c)  The contribution limits of this subsection apply

31  to each election. For purposes of this subsection, the first

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 1  primary, second primary, and general election are separate

 2  elections so long as the candidate is not an unopposed

 3  candidate as defined in s. 106.011(15).  However, for the

 4  purpose of contribution limits with respect to candidates for

 5  retention as a justice or judge, there is only one election,

 6  which is the general election. With respect to candidates in a

 7  circuit holding an election for circuit judge or in a county

 8  holding an election for county court judge, there are only two

 9  elections, which are the first primary election and general

10  election.

11         (2)  A person, political committee, or committee of

12  continuous existence may not make contributions to the state

13  and county executive committees of a political party,

14  including any subordinate committee of a state or county

15  executive committee of a political party, which contributions,

16  including in-kind contributions, in the aggregate in any

17  calendar year exceed $5,000.

18         (3)(2)(a)  Except as otherwise provided in s. 106.425,

19  a candidate for an office other than a statewide office may

20  not accept contributions from national, state, including any

21  subordinate committee of a national, state, or county

22  committee of a political party, and county executive

23  committees of a political party, including any subordinate

24  committee of a national, state, or county executive committee

25  of a political party, which contributions, including in-kind

26  contributions, in the aggregate exceed $5,000 in any calendar

27  year. A candidate for statewide office may not accept

28  contributions from national, state, or county executive

29  committees of a political party, including any subordinate

30  committee of a national, state, or county executive committee

31  of a political party, which contributions, including in-kind

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 1  contributions, in the aggregate in any election cycle exceed

 2  $100,000 $50,000, no more than $25,000 of which may be

 3  accepted prior to the 28-day period immediately preceding the

 4  date of the general election.

 5         (b)  Except as otherwise provided in s. 106.425,

 6  national, state, and county executive committees of a

 7  political party, including any subordinate committee of a

 8  national, state, or county executive committee of a political

 9  party, may not make contributions to a candidate for other

10  than statewide office which contributions, including in-kind

11  contributions, in the aggregate in any calendar year exceed

12  $5,000. National, state, and county executive committees of a

13  political party, including any subordinate committee of a

14  national, state, or county executive committee of a political

15  party, may not make contributions to a candidate for statewide

16  office which contributions, including in-kind contributions,

17  in the aggregate in any election cycle exceed $100,000.

18  Polling services, research services, costs for campaign staff,

19  professional consulting services, and telephone calls are not

20  contributions to be counted toward the contribution limits of

21  paragraph (a).  Any item not expressly identified in this

22  paragraph as nonallocable is a contribution in an amount equal

23  to the fair market value of the item and must be counted as

24  allocable toward the $50,000 contribution limits of paragraph

25  (a). Nonallocable, in-kind contributions must be reported by

26  the candidate under s. 106.07 and by the political party under

27  s. 106.29.

28         (4)(3)(a)  Any contribution received by a candidate

29  with opposition in an election or by the campaign treasurer or

30  a deputy campaign treasurer of such a candidate on the day of

31  that election or less than 5 days prior to the day of that

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 1  election must be returned by him or her to the person or

 2  committee contributing it and may not be used or expended by

 3  or on behalf of the candidate.

 4         (b)  Except as otherwise provided in paragraph (c), any

 5  contribution received by a candidate or by the campaign

 6  treasurer or a deputy campaign treasurer of a candidate after

 7  the date at which the candidate withdraws his or her

 8  candidacy, or after the date the candidate is defeated,

 9  becomes unopposed, or is elected to office must be returned to

10  the person or committee contributing it and may not be used or

11  expended by or on behalf of the candidate.

12         (c)  With respect to any campaign for an office in

13  which an independent or minor party candidate has filed as

14  required in s. 99.0955 or s. 99.096, but whose qualification

15  is pending a determination by the Department of State or

16  supervisor of elections as to whether or not the required

17  number of petition signatures was obtained:

18         1.  The department or supervisor shall, no later than 3

19  days after that determination has been made, notify in writing

20  all other candidates for that office of that determination.

21         2.  Any contribution received by a candidate or the

22  campaign treasurer or deputy campaign treasurer of a candidate

23  after the candidate has been notified in writing by the

24  department or supervisor that he or she has become unopposed

25  as a result of an independent or minor party candidate failing

26  to obtain the required number of petition signatures shall be

27  returned to the person, political committee, or committee of

28  continuous existence contributing it and shall not be used or

29  expended by or on behalf of the candidate.

30         (5)(4)  Any contribution received by the chair,

31  campaign treasurer, or deputy campaign treasurer of a

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 1  political committee supporting or opposing a candidate with

 2  opposition in an election or supporting or opposing an issue

 3  on the ballot in an election on the day of that election or

 4  less than 5 days prior to the day of that election may not be

 5  obligated or expended by the committee until after the date of

 6  the election.

 7         (6)(5)(a)  A person may not make any contribution

 8  through or in the name of another, directly or indirectly, in

 9  any election.

10         (b)  Candidates, political committees, and political

11  parties may not solicit contributions from any religious,

12  charitable, civic, or other causes or organizations

13  established primarily for the public good.

14         (c)  Candidates, political committees, and political

15  parties may not make contributions, in exchange for political

16  support, to any religious, charitable, civic, or other cause

17  or organization established primarily for the public good. It

18  is not a violation of this paragraph for:

19         1.  A candidate, political committee, or political

20  party executive committee to make gifts of money in lieu of

21  flowers in memory of a deceased person;

22         2.  A candidate to continue membership in, or make

23  regular donations from personal or business funds to,

24  religious, political party, civic, or charitable groups of

25  which the candidate is a member or to which the candidate has

26  been a regular donor for more than 6 months; or

27         3.  A candidate to purchase, with campaign funds,

28  tickets, admission to events, or advertisements from

29  religious, civic, political party, or charitable groups.

30         (7)(6)  A political party may not accept any

31  contribution which has been specifically designated for the

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 1  partial or exclusive use of a particular candidate.  Any

 2  contribution so designated must be returned to the contributor

 3  and may not be used or expended by or on behalf of the

 4  candidate.

 5         (8)(7)(a)  Any person who knowingly and willfully makes

 6  no more than one contribution in violation of subsection (1),

 7  subsection (2), or subsection (6) (5), or any person who

 8  knowingly and willfully fails or refuses to return any

 9  contribution as required in subsection (4) (3), commits a

10  misdemeanor of the first degree, punishable as provided in s.

11  775.082 or s. 775.083.  If any corporation, partnership, or

12  other business entity or any political party, political

13  committee, or committee of continuous existence is convicted

14  of knowingly and willfully violating any provision punishable

15  under this paragraph, it shall be fined not less than $1,000

16  and not more than $10,000.  If it is a domestic entity, it may

17  be ordered dissolved by a court of competent jurisdiction; if

18  it is a foreign or nonresident business entity, its right to

19  do business in this state may be forfeited.  Any officer,

20  partner, agent, attorney, or other representative of a

21  corporation, partnership, or other business entity or of a

22  political party, political committee, or committee of

23  continuous existence who aids, abets, advises, or participates

24  in a violation of any provision punishable under this

25  paragraph commits a misdemeanor of the first degree,

26  punishable as provided in s. 775.082 or s. 775.083.

27         (b)  Any person who knowingly and willfully makes two

28  or more contributions in violation of subsection (1),

29  subsection (2), or subsection (6) (5) commits a felony of the

30  third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.  If any corporation, partnership, or

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 1  other business entity or any political party, political

 2  committee, or committee of continuous existence is convicted

 3  of knowingly and willfully violating any provision punishable

 4  under this paragraph, it shall be fined not less than $10,000

 5  and not more than $50,000.  If it is a domestic entity, it may

 6  be ordered dissolved by a court of competent jurisdiction; if

 7  it is a foreign or nonresident business entity, its right to

 8  do business in this state may be forfeited.  Any officer,

 9  partner, agent, attorney, or other representative of a

10  corporation, partnership, or other business entity, or of a

11  political committee, committee of continuous existence, or

12  political party who aids, abets, advises, or participates in a

13  violation of any provision punishable under this paragraph

14  commits a felony of the third degree, punishable as provided

15  in s. 775.082, s. 775.083, or s. 775.084.

16         (9)(8)  Except when otherwise provided in subsection

17  (8) (7), any person who knowingly and willfully violates any

18  provision of this section shall, in addition to any other

19  penalty prescribed by this chapter, pay to the state a sum

20  equal to twice the amount contributed in violation of this

21  chapter.  Each campaign treasurer shall pay all amounts

22  contributed in violation of this section to the state for

23  deposit in the General Revenue Fund.

24         (10)(9)  This section does not apply to the transfer of

25  funds between a primary campaign depository and a savings

26  account or certificate of deposit or to any interest earned on

27  such account or certificate.

28         Section 5.  Section 106.087, Florida Statutes, is

29  amended to read:

30  

31  

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 1         106.087  Independent expenditures; contribution limits;

 2  restrictions on political parties, political committees, and

 3  committees of continuous existence.--

 4         (1)(a)  As a condition of receiving a rebate of filing

 5  fees and party assessment funds pursuant to s. 99.061(2), s.

 6  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

 7  treasurer of a state or county executive committee shall take

 8  and subscribe to an oath or affirmation in writing. During the

 9  qualifying period for state candidates and prior to

10  distribution of such funds, a printed copy of the oath or

11  affirmation shall be filed with the Secretary of State and

12  shall be substantially in the following form:

13  

14  State of Florida

15  County of....

16         Before me, an officer authorized to administer oaths,

17  personally appeared ...(name)..., to me well known, who, being

18  sworn, says that he or she is the ...(title)... of the

19  ...(name of party)... ...(state or specified county)...

20  executive committee; that the executive committee has not

21  made, either directly or indirectly, an independent

22  expenditure in support of or opposition to a candidate or

23  elected public official in the prior 6 months; that the

24  executive committee will not make, either directly or

25  indirectly, an independent expenditure in support of or

26  opposition to a candidate or elected public official, through

27  and including the upcoming general election; and that the

28  executive committee will not violate the contribution limits

29  applicable to candidates under s. 106.08(3)(2), Florida

30  Statutes.

31                          ...(Signature of committee officer)...

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 1                                                 ...(Address)...

 2  

 3  Sworn to and subscribed before me this .... day of ....,

 4  ...(year)..., at .... County, Florida.

 5       ...(Signature and title of officer administering oath)...

 6  

 7         (2)(b)  Any executive committee found to have violated

 8  the provisions of the oath or affirmation in this section

 9  prior to receiving funds shall be ineligible to receive the

10  rebate for that general election year.

11         (3)(c)  Any executive committee found to have violated

12  the provisions of the oath or affirmation in this section

13  after receiving funds shall be ineligible to receive the

14  rebate from candidates qualifying for the following general

15  election cycle.

16         (4)(d)  Any funds not distributed to the state or

17  county executive committee pursuant to this section shall be

18  deposited into the General Revenue Fund of the state.

19         (2)(a)  Any political committee or committee of

20  continuous existence that accepts the use of public funds,

21  equipment, personnel, or other resources to collect dues from

22  its members agrees not to make independent expenditures in

23  support of or opposition to a candidate or elected public

24  official. However, expenditures may be made for the sole

25  purpose of jointly endorsing three or more candidates.

26         (b)  Any political committee or committee of continuous

27  existence that violates this subsection is liable for a civil

28  fine of up to $5,000 to be determined by the Florida Elections

29  Commission or the entire amount of the expenditures, whichever

30  is greater.

31  

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 1         Section 6.  For the purpose of incorporating the

 2  amendments made by this act to sections 106.08 and 106.265,

 3  Florida Statutes, in references thereto, subsections (1) and

 4  (3) of section 106.19, Florida Statutes, are reenacted to

 5  read:

 6         106.19  Violations by candidates, persons connected

 7  with campaigns, and political committees.--

 8         (1)  Any candidate; campaign manager, campaign

 9  treasurer, or deputy treasurer of any candidate; committee

10  chair, vice chair, campaign treasurer, deputy treasurer, or

11  other officer of any political committee; agent or person

12  acting on behalf of any candidate or political committee; or

13  other person who knowingly and willfully:

14         (a)  Accepts a contribution in excess of the limits

15  prescribed by s. 106.08;

16         (b)  Fails to report any contribution required to be

17  reported by this chapter;

18         (c)  Falsely reports or deliberately fails to include

19  any information required by this chapter; or

20         (d)  Makes or authorizes any expenditure in violation

21  of s. 106.11(4) or any other expenditure prohibited by this

22  chapter;

23  

24  is guilty of a misdemeanor of the first degree, punishable as

25  provided in s. 775.082 or s. 775.083.

26         (3)  A political committee sponsoring a constitutional

27  amendment proposed by initiative which submits a petition form

28  gathered by a paid petition circulator which does not provide

29  the name and address of the paid petition circulator on the

30  form is subject to the civil penalties prescribed in s.

31  106.265.

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 1         Section 7.  Subsection (6) of section 106.29, Florida

 2  Statutes, is amended to read:

 3         106.29  Reports by political parties; restrictions on

 4  contributions and expenditures; penalties.--

 5         (6)(a)  The national, state, and county executive

 6  committees of a political party, including any subordinate

 7  committee of a national, state, or county executive committee

 8  of a political party, may not contribute to any candidate any

 9  amount in excess of the limits contained in s. 106.08(3)(2),

10  and all contributions required to be reported under s.

11  106.08(2) by the national executive committee of a political

12  party shall be reported by the state executive committee of

13  that political party.

14         (b)  A violation of the contribution limits contained

15  in s. 106.08(3)(2) is a misdemeanor of the first degree,

16  punishable as provided in s. 775.082 or s. 775.083. A civil

17  penalty equal to three times the amount in excess of the

18  limits contained in s. 106.08(3)(2) shall be assessed against

19  any executive committee found in violation thereof.

20         Section 8.  Sections 106.30, 106.31, 106.32, 106.33,

21  106.34, 106.35, 106.353, 106.355, and 106.36, Florida

22  Statutes, are repealed.

23         Section 9.  Paragraph (b) of subsection (1) of section

24  106.07, Florida Statutes, is amended to read:

25         106.07  Reports; certification and filing.--

26         (1)  Each campaign treasurer designated by a candidate

27  or political committee pursuant to s. 106.021 shall file

28  regular reports of all contributions received, and all

29  expenditures made, by or on behalf of such candidate or

30  political committee.  Reports shall be filed on the 10th day

31  following the end of each calendar quarter from the time the

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 1  campaign treasurer is appointed, except that, if the 10th day

 2  following the end of a calendar quarter occurs on a Saturday,

 3  Sunday, or legal holiday, the report shall be filed on the

 4  next following day which is not a Saturday, Sunday, or legal

 5  holiday.  Quarterly reports shall include all contributions

 6  received and expenditures made during the calendar quarter

 7  which have not otherwise been reported pursuant to this

 8  section.

 9         (b)  Following the last day of qualifying for office,

10  any statewide or legislative candidate who has requested to

11  receive contributions from the Clean-Money Election Campaign

12  Financing Trust Fund or any statewide or legislative candidate

13  in a race with a candidate who has requested to receive

14  contributions from the trust fund shall file reports on the

15  4th, 11th, 18th, 25th, and 32nd days prior to the first

16  primary and general elections, and on the 4th, 11th, 18th, and

17  25th days prior to the second primary.

18         Section 10.  Subsection (4) of section 106.141, Florida

19  Statutes, is amended to read:

20         106.141  Disposition of surplus funds by candidates.--

21         (4)(a)  Except as provided in paragraph (b), any

22  candidate required to dispose of funds pursuant to this

23  section shall, at the option of the candidate, dispose of such

24  funds by any of the following means, or any combination

25  thereof:

26         1.  Return pro rata to each contributor the funds that

27  have not been spent or obligated.

28         2.  Donate the funds that have not been spent or

29  obligated to a charitable organization or organizations that

30  meet the qualifications of s. 501(c)(3) of the Internal

31  Revenue Code.

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 1         3.  Give not more than $10,000 of the funds that have

 2  not been spent or obligated to the political party of which

 3  such candidate is a member.

 4         4.  Give the funds that have not been spent or

 5  obligated:

 6         a.  In the case of a candidate for state office, to the

 7  state, to be deposited in either the Clean-Money Election

 8  Campaign Financing Trust Fund or the General Revenue Fund, as

 9  designated by the candidate; or

10         b.  In the case of a candidate for an office of a

11  political subdivision, to such political subdivision, to be

12  deposited in the general fund thereof.

13         (b)  Any candidate required to dispose of funds

14  pursuant to this section who has received contributions from

15  the Clean-Money Election Campaign Financing Trust Fund shall

16  return all surplus campaign funds to the Clean-Money Election

17  Campaign Financing Trust Fund.

18         Section 11.  Subsection (6) of section 106.22, Florida

19  Statutes, is amended to read:

20         106.22  Duties of the Division of Elections.--It is the

21  duty of the Division of Elections to:

22         (6)  Make, from time to time, audits and field

23  investigations with respect to reports and statements filed

24  under the provisions of this chapter and with respect to

25  alleged failures to file any report or statement required

26  under the provisions of this chapter.  The division shall

27  conduct a postelection audit of the campaign accounts of all

28  candidates receiving contributions from the Clean-Money

29  Election Campaign Financing Trust Fund.

30         Section 12.  Subsections (3) and (4) of section

31  106.265, Florida Statutes, are amended to read:

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 1         106.265  Civil penalties.--

 2         (3)(a)  Any civil penalty collected pursuant to the

 3  provisions of this section shall be deposited into the

 4  Clean-Money Election Campaign Financing Trust Fund.

 5         (b)(4)  Notwithstanding any other provisions of this

 6  chapter, any fine assessed pursuant to the provisions of this

 7  chapter, which fine is designated to be deposited or which

 8  would otherwise be deposited into the General Revenue Fund of

 9  the state, shall be deposited into the Clean-Money Election

10  Campaign Financing Trust Fund.

11         (c)  A 10-percent surcharge shall be assessed against

12  each civil fine required to be deposited into the Clean-Money

13  Trust Fund, and the funds from the surcharge shall also be

14  deposited into the Clean-Money Trust Fund.

15         Section 13.  Subsection (13) of section 320.02, Florida

16  Statutes, is amended to read:

17         320.02  Registration required; application for

18  registration; forms.--

19         (13)  The application form for motor vehicle

20  registration shall include language permitting a voluntary

21  contribution of $5 per applicant, which contribution shall be

22  transferred into the Clean-Money Election Campaign Financing

23  Trust Fund.  A statement providing an explanation of the

24  purpose of the trust fund shall also be included.

25         Section 14.  Paragraph (a) of subsection (6) of section

26  322.08, Florida Statutes, is amended to read:

27         322.08  Application for license.--

28         (6)  The application form for a driver's license or

29  duplicate thereof shall include language permitting the

30  following:

31  

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 1         (a)  A voluntary contribution of $5 per applicant,

 2  which contribution shall be transferred into the Clean-Money

 3  Election Campaign Financing Trust Fund.

 4  

 5  A statement providing an explanation of the purpose of the

 6  trust funds shall also be included.

 7         Section 15.  Subsection (11) of section 328.72, Florida

 8  Statutes, is amended to read:

 9         328.72  Classification; registration; fees and charges;

10  surcharge; disposition of fees; fines; marine turtle

11  stickers.--

12         (11)  VOLUNTARY CONTRIBUTIONS.--The application form

13  for boat registration shall include a provision to allow each

14  applicant to indicate a desire to pay an additional voluntary

15  contribution to the Save the Manatee Trust Fund to be used for

16  the purposes specified in s. 370.12(4). This contribution

17  shall be in addition to all other fees and charges. The amount

18  of the request for a voluntary contribution solicited shall be

19  $2 or $5 per registrant.  A registrant who provides a

20  voluntary contribution of $5 or more shall be given a sticker

21  or emblem by the tax collector to display, which signifies

22  support for the Save the Manatee Trust Fund.  All voluntary

23  contributions shall be deposited in the Save the Manatee Trust

24  Fund and shall be used for the purposes specified in s.

25  370.12(4). The form shall also include language permitting a

26  voluntary contribution of $5 per applicant, which contribution

27  shall be transferred into the Clean-Money Election Campaign

28  Financing Trust Fund.  A statement providing an explanation of

29  the purpose of the trust fund shall also be included.

30         Section 16.  Subsection (1) of section 607.1622,

31  Florida Statutes, is amended to read:

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 1         607.1622  Annual report for Department of State.--

 2         (1)  Each domestic corporation and each foreign

 3  corporation authorized to transact business in this state

 4  shall deliver to the Department of State for filing a sworn

 5  annual report on such forms as the Department of State

 6  prescribes that sets forth:

 7         (a)  The name of the corporation and the state or

 8  country under the law of which it is incorporated;

 9         (b)  The date of incorporation or, if a foreign

10  corporation, the date on which it was admitted to do business

11  in this state;

12         (c)  The address of its principal office and the

13  mailing address of the corporation;

14         (d)  The corporation's federal employer identification

15  number, if any, or, if none, whether one has been applied for;

16         (e)  The names and business street addresses of its

17  directors and principal officers;

18         (f)  The street address of its registered office and

19  the name of its registered agent at that office in this state;

20         (g)  Language permitting a voluntary contribution of $5

21  per taxpayer, which contribution shall be transferred into the

22  Clean-Money Election Campaign Financing Trust Fund. A

23  statement providing an explanation of the purpose of the trust

24  fund shall also be included; and

25         (h)  Such additional information as may be necessary or

26  appropriate to enable the Department of State to carry out the

27  provisions of this act.

28         Section 17.  For the purpose of incorporating the

29  amendment made by this act to section 106.265, Florida

30  Statutes, in a reference thereto, subsection (8) of section

31  106.143, Florida Statutes, is reenacted to read:

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 1         106.143  Political advertisements circulated prior to

 2  election; requirements.--

 3         (8)  Any person who willfully violates any provision of

 4  this section is subject to the civil penalties prescribed in

 5  s. 106.265.

 6         Section 18.  For the purpose of incorporating the

 7  amendment made by this act to section 106.265, Florida

 8  Statutes, in a reference thereto, subsection (2) of section

 9  106.144, Florida Statutes, is reenacted to read:

10         106.144  Endorsements or opposition by certain groups

11  and organizations.--

12         (2)  Any officer, director, or other person acting on

13  behalf of an organization who willfully violates the

14  provisions of subsection (1) is subject to the civil penalties

15  prescribed in s. 106.265.

16         Section 19.  If any provision of this act or its

17  application to any person or circumstance is held invalid, the

18  invalidity shall not affect other provisions or applications

19  of the act which can be given effect without the invalid

20  provision or application, and to this end the provisions of

21  this act are declared severable.

22         Section 20.  This act shall take effect July 1, 2004,

23  if Senate Bill ____ or similar legislation creating the

24  Clean-Money Trust Fund is adopted in the same legislative

25  session or an extension thereof and becomes law.

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates the "Florida Clean Elections Act" to provide
      clean-money campaign funding for candidates for statewide
 4    or legislative office.  Provides eligibility requirements
      for clean-money campaign funding for candidates for
 5    statewide or legislative office.  Provides transitional
      requirements for the current election cycle.  Provides a
 6    continuing obligation to comply.  Provides limitations on
      contributions and expenditures and on the use of personal
 7    funds.  Provides for seed-money contributions.  Provides
      for participation in debates.  Provides for certification
 8    of eligibility.  Specifies benefits for participating
      candidates.  Provides for the amounts and payment
 9    schedule of clean-money funding.  Provides limitations on
      the expenditure of clean-money funds.  Provides for
10    disclosure of excess spending by nonparticipating
      candidates.  Provides for disclosure of and additional
11    clean money to respond to independent expenditures.
      Provides for disclosure of and additional clean money to
12    respond to issue advertisements.  Directs the Secretary
      of State to create a nonpartisan Voter Information
13    Commission and provides its duties. Requires publicly
      funded television and radio stations to provide free
14    coverage of debates for specified elections.  Provides
      limitations on mailing privileges of certain public
15    officials.  Provides revenue sources for the Clean-Money
      Trust Fund.  Provides for the administration and
16    dispersal of clean-money funds.  Provides limits on
      political party contributions and expenditures.
17  

18    Redefines the term "political advertisement."  Eliminates
      authorization for unrestricted expenditures by political
19    committees and political parties to jointly endorse three
      or more candidates.  Provides limits on contributions to
20    political parties, and revises limits on contributions to
      candidates by political parties.  Eliminates a
21    restriction on independent expenditures by political
      committees and committees of continuous existence that
22    use public resources to collect dues.  Revises reporting
      requirements of political parties.
23  

24    Repeals the "Florida Election Campaign Financing Act."
      Provides for deposit of various fines, surplus funds, and
25    voluntary contributions in the Clean-Money Trust Fund.
      Provides for a surcharge on civil penalties to be
26    deposited into the trust fund and for deposit of the
      surcharge funds into the trust fund. (See bill for
27    details.)

28  

29  

30  

31  

                                  50

CODING: Words stricken are deletions; words underlined are additions.

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