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Senate Bill 2264

Senate Bill sb2264

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    Florida Senate - 2007                                  SB 2264

    By Senator Wilson





    33-43-07

  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

  5         findings and declarations; defining terms;

  6         providing eligibility requirements for

  7         clean-money campaign funding for candidates for

  8         statewide or legislative office; providing a

  9         continuing obligation to comply; providing

10         limitations on contributions and expenditures;

11         providing limitations on the use of personal

12         funds; providing for seed-money contributions;

13         providing for participation in debates;

14         providing for certification of eligibility;

15         specifying benefits for participating

16         candidates; providing for the amounts and

17         payment schedule of clean-money funding;

18         providing limitations on the expenditure of

19         clean-money funds; providing for disclosure of

20         excess spending by nonparticipating candidates;

21         providing for disclosure of and additional

22         clean money to respond to independent

23         expenditures; providing for disclosure of and

24         additional clean money to respond to issue

25         advertisements; directing the Secretary of

26         State to create a nonpartisan Voter Information

27         Commission and providing its duties; requiring

28         publicly funded television and radio stations

29         to provide free coverage of debates for

30         specified elections; providing limitations on

31         mailing privileges of certain public officials;

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 1         providing revenue sources for the Clean Money

 2         Trust Fund; providing for the administration

 3         and dispersal of clean-money funds; providing

 4         limits on political party contributions and

 5         expenditures; amending s. 106.011, F.S.;

 6         redefining the term "political advertisement";

 7         amending s. 106.021, F.S.; eliminating

 8         authorization for unrestricted expenditures by

 9         political committees and political parties to

10         jointly endorse three or more candidates;

11         amending s. 106.08, F.S.; providing limits on

12         contributions to political parties; revising

13         limits on contributions to candidates by

14         political parties; providing penalties;

15         amending s. 106.087, F.S.; eliminating a

16         restriction on independent expenditures by

17         certain political committees and committees of

18         continuous existence; conforming a

19         cross-reference; reenacting s. 106.19(1) and

20         (3), F.S., relating to penalties, to

21         incorporate the amendments to ss. 106.08 and

22         106.265, F.S., in references thereto; amending

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

24         of political parties; conforming

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

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

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

28         106.22, 106.265, 320.02, 322.08, 328.72,

29         607.1622, F.S.; revising references and

30         providing for deposit of various fines, surplus

31         funds, and voluntary contributions in the Clean

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    Florida Senate - 2007                                  SB 2264
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 1         Money Trust Fund, to conform; providing for a

 2         surcharge on civil penalties to be deposited

 3         into the trust fund and for deposit of the

 4         surcharge funds into the trust fund; reenacting

 5         s. 106.143(8), F.S., relating to the

 6         circulation of political advertisements to

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

 8         in a reference thereto; providing severability;

 9         providing a contingent effective date.

10  

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

12  

13         Section 1.  Sections 106.401 through 106.425, Florida

14  Statutes, are created to read:

15         106.401  Short title.--Sections 106.401-106.426 may be

16  cited as the "Florida Clean Elections Act."

17         106.402  Findings and declarations.--

18         (1)  The Legislature finds and declares that the

19  current system of privately financed campaigns for election to

20  statewide and legislative offices undermines democracy in this

21  state in the following principal ways:

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

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

24  vote by allowing large contributions to have a deleterious

25  influence on the political process.

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

27  and meaningful participation in the democratic process.

28         (c)  It diminishes the free-speech rights of nonwealthy

29  voters and candidates whose voices are drowned out by those

30  who can afford to monopolize the arena of paid political

31  communications.

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

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

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

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

 5  the political process.

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

 7  undermines public confidence in the democratic process and

 8  democratic institutions.

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

10  making it difficult for qualified candidates without access to

11  wealthy contributors or personal fortunes to mount competitive

12  campaigns.

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

14  wealthy contributors tend to give their money to incumbents,

15  thus causing elections to be less competitive.

16         (h)  It inhibits communication with the electorate by

17  candidates without access to large sums of campaign money.

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

19  fundraising and thus decreases the time available to fully

20  present their candidacies and ideas to the public.

21         (2)  The Legislature finds and declares that providing

22  a voluntary clean-money campaign finance system for all

23  primary and general elections would enhance democracy in the

24  state in the following principal ways:

25         (a)  It would help eliminate the deleterious influence

26  of large contributions on the political process, remove access

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

28  within the political process, and restore meaning to the

29  principle of "one person, one vote."

30  

31  

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    Florida Senate - 2007                                  SB 2264
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 1         (b)  It would help restore the rights of all citizens

 2  to equal and meaningful participation in the democratic

 3  process.

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

 5  nonwealthy candidates and voters by providing candidates with

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

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

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

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

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

11  debate in the political process.

12         (e)  It would diminish the public perception of

13  corruption and strengthen public confidence in the democratic

14  process and democratic institutions.

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

16  elections.

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

18  incumbents and challengers, create genuine opportunities for

19  qualified residents of this state to run for statewide or

20  legislative office, and encourage more competitive elections.

21         (h)  It would facilitate communication with the

22  electorate by candidates, regardless of their access to large

23  sums of campaign money.

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

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

26  their candidacies and ideas to the public.

27         (3)  The Legislature further finds and declares that

28  the unique factual circumstances in this state require that

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

30  interests listed in subsection (2).  The provisions of ss.

31  106.401-106.426 are designed to create a rough proportionality

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    Florida Senate - 2007                                  SB 2264
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 1  between the benefits and restrictions that apply to

 2  participating candidates.  However, it should be clear that

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

 4  neutral.  Participating candidates are deliberately favored to

 5  further the compelling state interest of encouraging

 6  participation in the public financing program.

 7         106.403  Definitions.--As used in ss. 106.401-106.426,

 8  the term:

 9         (1)  "Allowable contribution" means a qualifying

10  contribution or a seed-money contribution.

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

12  during which candidates for statewide or legislative office

13  are permitted to collect qualifying contributions in order to

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

15  begins on the 60th day before the beginning of the primary

16  election campaign period and ends on the 30th day before the

17  day of the primary election.  For gubernatorial and other

18  statewide races, it begins on the 120th day before the

19  beginning of the primary election campaign period and ends on

20  the 30th day before the day of the primary election.

21         (3)  "Commission" means the Florida Elections

22  Commission.

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

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

25  Department of State.

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

27  money spent or obligated to be spent by a nonparticipating

28  candidate in excess of the clean-money amount available to a

29  participating candidate running for the same office.

30  

31  

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 1         (7)  "General election campaign period" means the

 2  period beginning the day after the primary election and ending

 3  on the day of the general election.

 4         (8)  "Immediate family" means the candidate's spouse,

 5  parents, and children.

 6         (9)  "Independent candidate" means a candidate for

 7  statewide or legislative office who does not represent a

 8  political party that has been granted ballot status and holds

 9  a primary election to choose its nominee for the general

10  election.

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

12  identical or substantively identical pieces of mail sent by a

13  candidate for statewide or legislative office or an elected

14  official holding a statewide or legislative office to the

15  voters, residents, or postal boxholders within the territorial

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

17  such official. Such mailings, consisting of substantively

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

19  written material, are distinct from mailings made in direct

20  response to communications from persons or groups to whom the

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

22  government officials; and news releases to the communications

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

24         (11)  "Nonparticipating candidate" means a candidate

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

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

27  candidate for statewide or legislative office who is on the

28  ballot and has applied but has not satisfied the requirements

29  for receiving clean-money funding.

30         (12)  "Participating candidate" means a candidate for

31  statewide or legislative office who qualifies for clean-money

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    Florida Senate - 2007                                  SB 2264
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 1  campaign funding.  Such candidates are eligible to receive

 2  clean-money funding during primary and general election

 3  campaign periods.

 4         (13)  "Party candidate" means a candidate for statewide

 5  or legislative office who represents a political party that

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

 7  choose its nominee for the general election.

 8         (14)  "Primary election campaign period" means the

 9  period beginning on the 60th day before the primary election

10  and ending on the day of the primary election.

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

12  $5 which is received during the applicable clean-money

13  qualifying period by a candidate seeking to become eligible

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

15  written receipt identifying the contributor.  Contributors

16  must be registered voters who reside within the territorial

17  jurisdiction of the office and who are therefore eligible to

18  vote for that candidate. Qualifying contributions must be made

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

20  receipt fully identifying the contributor, which includes a

21  signed statement indicating that he or she fully understands

22  the purpose of the contribution and that the contribution is

23  made without coercion or reimbursement; and must be turned

24  over to the division for deposit in the Clean Money Trust

25  Fund.  Qualifying contributions must be gathered by the

26  candidates themselves or by volunteers who receive no

27  compensation.

28         (16)  "Seed-money contribution" means a contribution of

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

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

31  a membership organization for the costs of communications to

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 1  its members, payments by a membership organization for the

 2  purpose of facilitating the making of qualifying

 3  contributions, and volunteer activity, including the payment

 4  of incidental expenses by volunteers.

 5         (17)  "Seed-money period" means the period beginning

 6  the day following the previous general election for the office

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

 8  qualifying period.  This is the exploratory period during

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

10  funding for the next elections are permitted to raise and

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

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

13  waters and fulfilling the clean-money eligibility

14  requirements.

15         (18)  "Statewide office" means the office of Governor

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

17  of Lieutenant Governor as a single joint candidacy in

18  accordance with s. 99.063.

19         106.404  Eligibility for clean-money campaign funding

20  for party candidates.--

21         (1)  A party candidate qualifies as a participating

22  candidate for the primary election campaign period if the

23  candidate:

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

25  she has complied and will continue to comply with the

26  requirements of ss. 106.401-106.426, especially the

27  requirement that during the seed-money period and the

28  clean-money qualifying period the candidate not accept or

29  spend private contributions from any source other than

30  seed-money contributions and qualifying contributions; and

31  

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    Florida Senate - 2007                                  SB 2264
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 1         (b)  Meets the following qualifying contribution

 2  requirements before the close of the clean-money qualifying

 3  period:

 4         1.  A party candidate must collect at least the

 5  following number of qualifying contributions:

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

 7  representative, 500.

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

 9  senator, 1,500.

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

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

12  20,000.

13         2.  Each qualifying contribution must be:

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

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

16  the division.  The receipt must indicate, by the contributor's

17  signature, that the contributor understands that the purpose

18  of the contribution is to help the candidate qualify for

19  clean-money campaign funding and that he or she is currently

20  registered to vote in the territorial jurisdiction of the

21  office sought by the candidate.  The receipt must include the

22  contributor's signature, printed name, home address, and

23  telephone number and the name of the candidate on whose behalf

24  the contribution is made.

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

26  completed receipt, to the division according to the schedule

27  and procedure determined by the division. A contribution

28  submitted as a qualifying contribution that does not include

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

30  counted as a qualifying contribution.

31  

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 1         (2)  A party candidate qualifies as a participating

 2  candidate for the general election campaign period if:

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

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

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

 6  continue to fulfill the requirements of a participating

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

 8         (b)  As a participating candidate during the primary

 9  election campaign period, he or she received the highest

10  number of votes of the candidates contesting the primary

11  election from his or her respective party or, by other means,

12  won the party's official nomination.

13         106.405  Eligibility for clean-money campaign funding

14  for independent candidates.--

15         (1)  An independent candidate qualifies as a

16  participating candidate for the primary election campaign

17  period if the candidate:

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

19  she has complied and will continue to comply with the

20  requirements of ss. 106.401-106.426, especially the

21  requirement that during the seed-money period and the

22  clean-money qualifying period the candidate not accept or

23  spend private contributions from any source other than

24  seed-money contributions and qualifying contributions; and

25         (b)  Meets the following qualifying contribution

26  requirements before the close of the clean-money qualifying

27  period:

28         1.  An independent candidate must collect the same

29  number of qualifying contributions as a party candidate must

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

31         2.  Each qualifying contribution must be:

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

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

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

 4  contributor's signature, that the contributor understands that

 5  the purpose of the contribution is to help the candidate

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

 7  currently registered to vote in the territorial jurisdiction

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

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

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

11  whose behalf the contribution is made.

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

13  completed receipt, to the division according to the schedule

14  and procedure determined by the division. A contribution

15  submitted as a qualifying contribution which does not include

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

17  counted as a qualifying contribution.

18         (2)  An independent candidate qualifies as a

19  participating candidate for the general election campaign

20  period if:

21         (a)  Before the primary election, he or she has met all

22  of the applicable requirements of ss. 106.401-106.426 and

23  filed a declaration with the division that he or she has

24  fulfilled and will continue to fulfill the requirements of a

25  participating candidate as stated in ss. 106.401-106.426; and

26         (b)  During the primary election campaign period, he or

27  she has fulfilled all of the requirements of a participating

28  candidate as stated in ss. 106.401-106.426.

29         106.407  Continuing obligation to comply.--A

30  participating candidate who accepts any benefits during the

31  primary election campaign period must comply with all

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 1  requirements of ss. 106.401-106.426 through the general

 2  election campaign period whether or not he or she continues to

 3  accept benefits, unless the candidate loses in the primary

 4  election or withdraws his or her candidacy and subsequently is

 5  selected as a candidate for Lieutenant Governor with a

 6  nonparticipating candidate for Governor.

 7         106.408  Contributions and expenditures; limitations

 8  and reporting.--

 9         (1)  During the primary and general election campaign

10  periods, a participating candidate who has voluntarily agreed

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

12  benefits may not accept private contributions from any source

13  other than the candidate's political party.

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

15  of another person. A participating candidate who receives a

16  qualifying contribution or seed-money contribution that is not

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

18  106.404(1)(b)2., s. 106.405(1)(b)2., or s. 106.41(3) is liable

19  to pay the commission the entire amount of the illegal

20  contribution, in addition to any other penalties prescribed by

21  this chapter.

22         (3)  During the primary and general election campaign

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

24  her campaign expenditures, except petty cash expenditures, by

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

26  106.424.

27         (4)  Eligible candidates shall furnish complete

28  campaign records, including all records of seed-money

29  contributions and qualifying contributions, to the division at

30  regular filing times or on request by the division.

31  

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 1  Candidates must cooperate with any audit or examination by the

 2  division or the commission.

 3         106.409  Use of personal funds.--

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

 5  candidate seeking to become eligible as a participating

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

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

 8  contributor.

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

10  qualifying contribution requirement except for one qualifying

11  contribution from the candidate and one qualifying

12  contribution from the candidate's spouse, if the candidate and

13  his or her spouse are registered voters of the territorial

14  jurisdiction of the office sought by the candidate.

15         106.41  Seed-money contributions.--

16         (1)  The only private contributions that a candidate

17  seeking to become eligible for clean-money funding may accept,

18  other than qualifying contributions, are seed-money

19  contributions contributed before the end of the clean-money

20  qualifying period.

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

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

23  seed-money contributions from all sources accepted by a

24  candidate seeking to become eligible for clean-money funding

25  may not exceed:

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

27  representative, $10,000.

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

29  senator, $30,000.

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

31  $200,000.

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

 2  Governor, $500,000.

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

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

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

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

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

 8  of employer.  Contributions may not be accepted if the

 9  required disclosure information is not provided.

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

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

12  during the primary or general election campaign periods.

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

14  qualifying period, each candidate seeking to become eligible

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

16  contributions and expenditures to the division and turn over

17  to the division for deposit in the Clean Money Trust Fund any

18  seed money raised during the applicable seed-money period

19  which exceeds the aggregate seed-money limit.

20         106.411  Participation in debates.--

21         (1)  Participating candidates must participate in one

22  1-hour debate during a contested primary election and two

23  1-hour debates during a contested general election when

24  public-debate opportunities are available.

25         (2)  Licensed broadcasters receiving state funding or

26  providing publicly authorized cable services shall publicly

27  broadcast one such debate, when practicable, for gubernatorial

28  and other statewide races.

29         (3)  Nonparticipating candidates for the same offices

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

31  the debates.

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 1         106.412  Certification of eligibility.--

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

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

 4  certify the candidate as eligible.  Eligibility may be revoked

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

 6  106.401-106.426, in which case all clean-money funds received

 7  by the candidate must be repaid.

 8         (2)  The candidate's request for eligibility

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

10  campaign treasurer under penalty of perjury.

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

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

13  and to a prompt, expedited judicial review.

14         106.413  Benefits provided to candidates eligible to

15  receive clean money.--

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

17  primary and general elections shall receive:

18         (a)  Clean-money funding from the division for each

19  election in the amounts specified in s. 106.415.  This funding

20  may be used to finance any and all campaign expenses during

21  the particular campaign period for which it was allocated.

22         (b)  Media benefits and mailing privileges as provided

23  in ss. 106.401-106.426, including up to $5,000 each election

24  for broadcasting expenses for qualified political

25  advertisements that are determined under s. 106.42 as meeting

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

27  Voter Information Commission and the division.

28         (c)  Additional clean-money funding to match any excess

29  expenditure amount spent by nonparticipating candidates, as

30  specified in s. 106.417.

31  

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 1         (d)  Additional clean-money funding to match any

 2  independent expenditure made in opposition to their

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

 4  specified in s. 106.418.

 5         (e)  Additional clean-money funding to match any issue

 6  advertisement made in opposition to their candidacies or on

 7  behalf of their opponents' candidacies, as specified in s.

 8  106.419.

 9         (2)  The maximum aggregate amount of additional funding

10  a participating candidate may receive to match independent

11  expenditures, issue advertisements, and the excess

12  expenditures of nonparticipating candidates is 300 percent of

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

14  candidate for a particular primary or general election

15  campaign period.

16         106.414  Schedule of clean-money payments.--

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

18  or her clean-money funding for the primary election campaign

19  period on the date on which the division certifies the

20  candidate as a participating candidate. This certification

21  shall take place no later than 5 days after the candidate has

22  submitted the required number of qualifying contributions and

23  a declaration stating that he or she has complied with all

24  other requirements for eligibility as a participating

25  candidate, but no earlier than the beginning of the primary

26  election campaign period.

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

28  her clean-money funding for the general election campaign

29  period within 48 hours after certification of the primary

30  election results.

31  

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

 2  his or her clean-money funding for the primary election

 3  campaign period on the date on which the division certifies

 4  the candidate as a participating candidate.  This

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

 6  candidate has submitted the required number of qualifying

 7  contributions and a declaration stating that he or she has

 8  complied with all other requirements for eligibility as a

 9  participating candidate, but no earlier than the beginning of

10  the primary election campaign period.

11         (b)  An eligible independent candidate shall receive

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

13  period within 48 hours after certification of the applicable

14  primary election results.

15         106.415  Determination of clean-money amounts.--

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

17  eligible party candidate in a contested primary election is:

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

19  representative, $45,000.

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

21  senator, $135,000.

22         3.  For a candidate running for Cabinet office,

23  $700,000.

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

25  $2 million.

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

27  candidate in an uncontested primary election is 10 percent of

28  the amount provided in a contested primary election.

29         (c)  The amount of clean-money funding for an eligible

30  party candidate in a contested general election is:

31  

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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 which is for the purpose of

27  influencing the outcome of an election for statewide or

28  legislative office and which 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," or "reject"

10  or contains campaign slogans or individual words that in

11  context can have no reasonable meaning other than to recommend

12  the 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 in

10  response 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         106.42  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 may 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)  A participating candidate, or any other person on

16  behalf of a participating candidate, may not pay campaign

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

18  financial means other than the clean-money debit card, except

19  as 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 expressly advocates the election or defeat

 5  of a candidate or the approval or rejection of an issue. A

 6  political advertisement shall be deemed to support or oppose a

 7  candidate or elected public official if it mentions or shows a

 8  clearly identifiable candidate for election or reelection and

 9  is distributed at any point during the period following the

10  last day of qualifying for that candidacy through the

11  immediately ensuing general election, regardless of whether

12  the communication contains the words "vote for," "reelect,"

13  "vote against," or "defeat" or any similar words or

14  statements.

15         (b)  However, "political advertisement" does not

16  include:

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

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

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

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

21  newsletter, which newsletter is distributed only to the

22  members of that organization.

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

24  or television station, or other recognized news medium.

25         3.  A paid expression in any communications medium

26  which mentions or shows a clearly identifiable candidate for

27  election or reelection and which:

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

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

30  other advertisements for that business which have mentioned or

31  shown the candidate and have been distributed on a regular

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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)  No contribution or expenditure, including

11  contributions or expenditures of a candidate or of the

12  candidate's family, shall be directly or indirectly made or

13  received in furtherance of the candidacy of any person for

14  nomination or election to political office in the state or on

15  behalf of any political committee except through the duly

16  appointed campaign treasurer of the candidate or political

17  committee, subject to the following exceptions:

18         (a)  Independent expenditures;

19         (b)  Reimbursements to a candidate or any other

20  individual for expenses incurred in connection with the

21  campaign or activities of the political committee by a check

22  drawn upon the campaign account and reported pursuant to s.

23  106.07(4). After July 1, 2004, the full name and address of

24  each person to whom the candidate or other individual made

25  payment for which reimbursement was made by check drawn upon

26  the campaign account shall be reported pursuant to s.

27  106.07(4), together with the purpose of such payment; or

28         (c)  Expenditures made indirectly through a treasurer

29  for goods or services, such as communications media placement

30  or procurement services, campaign signs, insurance, or other

31  expenditures that include multiple integral components as part

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 1  of the expenditure and reported pursuant to s.

 2  106.07(4)(a)13.; or

 3         (d)  Expenditures made directly by any political

 4  committee or political party regulated by chapter 103 for

 5  obtaining time, space, or services in or by any communications

 6  medium for the purpose of jointly endorsing three or more

 7  candidates, and any such expenditure shall not be considered a

 8  contribution or expenditure to or on behalf of any such

 9  candidates for the purposes of this chapter.

10         Section 4.  Section 106.08, Florida Statutes, is

11  amended to read:

12         106.08  Contributions; limitations on.--

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

14  political committee, or committee of continuous existence may,

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

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

17  political committee supporting or opposing one or more

18  candidates. Candidates for the offices of Governor and

19  Lieutenant Governor on the same ticket are considered a single

20  candidate for the purpose of this section.

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

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

23  county executive committee of a political party regulated by

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

25  her own campaign.

26         2.  Notwithstanding the limits provided in this

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

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

29  candidate or to any political committee supporting one or more

30  candidates.

31  

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 1         (c)  The contribution limits of this subsection apply

 2  to each election. For purposes of this subsection, the primary

 3  election and general election are separate elections so long

 4  as the candidate is not an unopposed candidate as defined in

 5  s. 106.011(15). However, for the purpose of contribution

 6  limits with respect to candidates for retention as a justice

 7  or judge, there is only one election, which is the general

 8  election.

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

10  continuous existence may not make contributions to the state

11  and county executive committees of a political party,

12  including any subordinate committee of a state or county

13  executive committee of a political party, which contributions,

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

15  calendar year exceed $5,000.

16         (3)(2)(a)  Except as otherwise provided in s. 106.425,

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

18  not accept contributions from national, state, including any

19  subordinate committee of a national, state, or county

20  committee of a political party, and county executive

21  committees of a political party, including any subordinate

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

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

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

25  year. A candidate for statewide office may not accept

26  contributions from national, state, or county executive

27  committees of a political party, including any subordinate

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

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

30  political party, which contributions, including in-kind

31  contributions, in the aggregate in any election cycle exceed

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 1  $100,000 $50,000, no more than $25,000 of which may be

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

 3  date of the general election.

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

 5  national, state, and county executive committees of a

 6  political party, including any subordinate committee of a

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

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

 9  than statewide office which contributions, including in-kind

10  contributions, in the aggregate in any calendar year exceed

11  $5,000. National, state, and county executive committees of a

12  political party, including any subordinate committee of a

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

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

15  office which contributions, including in-kind contributions,

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

17  candidate for statewide office may not accept contributions

18  from national, state, or county executive committees of a

19  political party, including any subordinate committee of a

20  national, state, or county committee of a political party,

21  which contributions in the aggregate exceed $250,000, no more

22  than $125,000 of which may be accepted prior to the 28-day

23  period immediately preceding the date of the general election.

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

25  professional consulting services, and telephone calls are not

26  contributions to be counted toward the contribution limits of

27  paragraph (a) or this paragraph. Any item not expressly

28  identified in this paragraph as nonallocable is a contribution

29  in an amount equal to the fair market value of the item and

30  must be counted as allocable toward the contribution limits of

31  paragraph (a) or this paragraph. Nonallocable, in-kind

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 1  contributions must be reported by the candidate under s.

 2  106.07 and by the political party under s. 106.29.

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

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

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

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

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

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

 9  or on behalf of the candidate.

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

11  contribution received by a candidate or by the campaign

12  treasurer or a deputy campaign treasurer of a candidate after

13  the date at which the candidate withdraws his or her

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

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

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

17  expended by or on behalf of the candidate.

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

19  which an independent or minor party candidate has filed as

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

21  is pending a determination by the Department of State or

22  supervisor of elections as to whether or not the required

23  number of petition signatures was obtained:

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

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

26  all other candidates for that office of that determination.

27         2.  Any contribution received by a candidate or the

28  campaign treasurer or deputy campaign treasurer of a candidate

29  after the candidate has been notified in writing by the

30  department or supervisor that he or she has become unopposed

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

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 1  to obtain the required number of petition signatures shall be

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

 3  continuous existence contributing it and shall not be used or

 4  expended by or on behalf of the candidate.

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

 6  campaign treasurer, or deputy campaign treasurer of a

 7  political committee supporting or opposing a candidate with

 8  opposition in an election or supporting or opposing an issue

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

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

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

12  the election.

13         (b)  Any contribution received by an electioneering

14  communications organization on the day of an election or less

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

16  obligated or expended by the organization until after the date

17  of the election and may not be expended to pay for any

18  obligation arising prior to the election.

19         (6)(5)(a)  A person may not make any contribution

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

21  any election.

22         (b)  Candidates, political committees, and political

23  parties may not solicit contributions from any religious,

24  charitable, civic, or other causes or organizations

25  established primarily for the public good.

26         (c)  Candidates, political committees, and political

27  parties may not make contributions, in exchange for political

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

29  or organization established primarily for the public good. It

30  is not a violation of this paragraph for:

31  

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 1         1.  A candidate, political committee, or political

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

 3  flowers in memory of a deceased person;

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

 5  regular donations from personal or business funds to,

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

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

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

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

10  tickets, admission to events, or advertisements from

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

12         (d)  An electioneering communications organization may

13  not accept a contribution from an organization exempt from

14  taxation under s. 527 or s. 501(c)(4) of the Internal Revenue

15  Code, other than a political committee, committee of

16  continuous existence, or political party, unless the

17  contributing organization has registered as if the

18  organization were an electioneering communications

19  organization pursuant to s. 106.03 and has filed all campaign

20  finance reports required of electioneering communications

21  organizations pursuant to ss. 106.07 and 106.0703.

22         (7)(6)(a)  A political party may not accept any

23  contribution that has been specifically designated for the

24  partial or exclusive use of a particular candidate. Any

25  contribution so designated must be returned to the contributor

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

27  candidate.

28         (b)1.  A political party may not accept any in-kind

29  contribution that fails to provide a direct benefit to the

30  political party. A "direct benefit" includes, but is not

31  

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 1  limited to, fundraising or furthering the objectives of the

 2  political party.

 3         2.a.  An in-kind contribution to a state political

 4  party may be accepted only by the chairperson of the state

 5  political party or by the chairperson's designee or designees

 6  whose names are on file with the division in a form acceptable

 7  to the division prior to the date of the written notice

 8  required in sub-subparagraph b. An in-kind contribution to a

 9  county political party may be accepted only by the chairperson

10  of the county political party or by the county chairperson's

11  designee or designees whose names are on file with the

12  supervisor of elections of the respective county prior to the

13  date of the written notice required in sub-subparagraph b.

14         b.  A person making an in-kind contribution to a state

15  political party or county political party must provide prior

16  written notice of the contribution to a person described in

17  sub-subparagraph a. The prior written notice must be signed

18  and dated and may be provided by an electronic or facsimile

19  message. However, prior written notice is not required for an

20  in-kind contribution that consists of food and beverage in an

21  aggregate amount not exceeding $1,500 which is consumed at a

22  single sitting or event if such in-kind contribution is

23  accepted in advance by a person specified in sub-subparagraph

24  a.

25         c.  A person described in sub-subparagraph a. may

26  accept an in-kind contribution requiring prior written notice

27  only in a writing that is signed and dated before the in-kind

28  contribution is made. Failure to obtain the required written

29  acceptance of an in-kind contribution to a state or county

30  political party constitutes a refusal of the contribution.

31  

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 1         d.  A copy of each prior written acceptance required

 2  under sub-subparagraph c. must be filed with the division at

 3  the time the regular reports of contributions and expenditures

 4  required under s. 106.29 are filed by the state executive

 5  committee and county executive committee.

 6         e.  An in-kind contribution may not be given to a state

 7  or county political party unless the in-kind contribution is

 8  made as provided in this subparagraph.

 9         (8)(7)(a)  Any person who knowingly and willfully makes

10  or accepts no more than one contribution in violation of

11  subsection (1), subsection (2), or subsection (6) (5), or any

12  person who knowingly and willfully fails or refuses to return

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

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

15  775.082 or s. 775.083. If any corporation, partnership, or

16  other business entity or any political party, political

17  committee, committee of continuous existence, or

18  electioneering communications organization is convicted of

19  knowingly and willfully violating any provision punishable

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

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

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

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

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

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

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

27  political party, political committee, committee of continuous

28  existence, electioneering communications organization, or

29  organization exempt from taxation under s. 527 or s. 501(c)(4)

30  of the Internal Revenue Code, who aids, abets, advises, or

31  participates in a violation of any provision punishable under

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 1  this paragraph commits a misdemeanor of the first degree,

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

 3         (b)  Any person who knowingly and willfully makes or

 4  accepts two or more contributions in violation of subsection

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

 6  the third degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084. If any corporation, partnership, or

 8  other business entity or any political party, political

 9  committee, committee of continuous existence, or

10  electioneering communications organization is convicted of

11  knowingly and willfully violating any provision punishable

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

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

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

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

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

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

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

19  political committee, committee of continuous existence,

20  political party, or electioneering communications

21  organization, or organization exempt from taxation under s.

22  527 or s. 501(c)(4) of the Internal Revenue Code, who aids,

23  abets, advises, or participates in a violation of any

24  provision punishable under this paragraph commits a felony of

25  the third degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         (9)(8)  Except when otherwise provided in subsection

28  (8) (7), any person who knowingly and willfully violates any

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

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

31  equal to twice the amount contributed in violation of this

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 1  chapter.  Each campaign treasurer shall pay all amounts

 2  contributed in violation of this section to the state for

 3  deposit in the General Revenue Fund.

 4         (10)(9)  This section does not apply to the transfer of

 5  funds between a primary campaign depository and a savings

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

 7  such account or certificate.

 8         Section 5.  Section 106.087, Florida Statutes, is

 9  amended to read:

10         106.087  Independent expenditures; contribution limits;

11  restrictions on political parties, political committees, and

12  committees of continuous existence.--

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

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

15  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

16  treasurer of a state or county executive committee shall take

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

18  qualifying period for state candidates and prior to

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

20  affirmation shall be filed with the Secretary of State and

21  shall be substantially in the following form:

22  

23  State of Florida

24  County of....

25         Before me, an officer authorized to administer oaths,

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

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

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

29  executive committee; that the executive committee has not

30  made, either directly or indirectly, an independent

31  expenditure in support of or opposition to a candidate or

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

 2  executive committee will not make, either directly or

 3  indirectly, an independent expenditure in support of or

 4  opposition to a candidate or elected public official, through

 5  and including the upcoming general election; and that the

 6  executive committee will not violate the contribution limits

 7  applicable to candidates under section 106.08(3) 106.08(2),

 8  Florida Statutes.

 9                          ...(Signature of committee officer)...

10                                                 ...(Address)...

11  

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

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

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

15  

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

17  the provisions of the oath or affirmation in this section

18  prior to receiving funds shall be ineligible to receive the

19  rebate for that general election year.

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

21  the provisions of the oath or affirmation in this section

22  after receiving funds shall be ineligible to receive the

23  rebate from candidates qualifying for the following general

24  election cycle.

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

26  county executive committee pursuant to this section shall be

27  deposited into the General Revenue Fund of the state.

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

29  continuous existence that accepts the use of public funds,

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

31  its members agrees not to make independent expenditures in

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 1  support of or opposition to a candidate or elected public

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

 3  purpose of jointly endorsing three or more candidates.

 4         (b)  Any political committee or committee of continuous

 5  existence that violates this subsection is liable for a civil

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

 7  Commission or the entire amount of the expenditures, whichever

 8  is greater.

 9         Section 6.  For the purpose of incorporating the

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

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

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

13  read:

14         106.19  Violations by candidates, persons connected

15  with campaigns, and political committees.--

16         (1)  Any candidate; campaign manager, campaign

17  treasurer, or deputy treasurer of any candidate; committee

18  chair, vice chair, campaign treasurer, deputy treasurer, or

19  other officer of any political committee; agent or person

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

21  other person who knowingly and willfully:

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

23  prescribed by s. 106.08;

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

25  reported by this chapter;

26         (c)  Falsely reports or deliberately fails to include

27  any information required by this chapter; or

28         (d)  Makes or authorizes any expenditure in violation

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

30  chapter;

31  

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

 2  provided in s. 775.082 or s. 775.083.

 3         (2)  Any candidate, campaign treasurer, or deputy

 4  treasurer; any chair, vice chair, or other officer of any

 5  political committee; any agent or person acting on behalf of

 6  any candidate or political committee; or any other person who

 7  violates paragraph (1)(a), paragraph (1)(b), or paragraph

 8  (1)(d) shall be subject to a civil penalty equal to three

 9  times the amount involved in the illegal act.  Such penalty

10  may be in addition to the penalties provided by subsection (1)

11  and shall be paid into the General Revenue Fund of this state.

12         (3)  A political committee sponsoring a constitutional

13  amendment proposed by initiative which submits a petition form

14  gathered by a paid petition circulator which does not provide

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

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

17  106.265.

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

19  Statutes, is amended to read:

20         106.29  Reports by political parties; restrictions on

21  contributions and expenditures; penalties.--

22         (6)(a)  The national, state, 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, may not contribute to any candidate any

26  amount in excess of the limits contained in s. 106.08(3) s.

27  106.08(2), and all contributions required to be reported under

28  s. 106.08(2) by the national executive committee of a

29  political party shall be reported by the state executive

30  committee of that political party.

31  

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 1         (b)  A violation of the contribution limits contained

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

 3  degree, punishable as provided in s. 775.082 or s. 775.083. A

 4  civil penalty equal to three times the amount in excess of the

 5  limits contained in s. 106.08(3) s. 106.08(2) shall be

 6  assessed against any executive committee found in violation

 7  thereof.

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

 9  106.34, 106.35, 106.353, 106.355, and 106.36, Florida

10  Statutes, are repealed.

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

12  106.07, Florida Statutes, is amended to read:

13         106.07  Reports; certification and filing.--

14         (1)  Each campaign treasurer designated by a candidate

15  or political committee pursuant to s. 106.021 shall file

16  regular reports of all contributions received, and all

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

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

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

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

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

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

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

24  holiday.  Quarterly reports shall include all contributions

25  received and expenditures made during the calendar quarter

26  which have not otherwise been reported pursuant to this

27  section.

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

29  any statewide or legislative candidate who has requested to

30  receive contributions from the Clean Money Election Campaign

31  Financing Trust Fund or any statewide or legislative candidate

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

 2  contributions from the trust fund shall file reports on the

 3  4th, 11th, 18th, 25th, and 32nd days prior to the primary

 4  election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,

 5  and 53rd days prior to the general election.

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

 7  Statutes, is amended to read:

 8         106.141  Disposition of surplus funds by candidates.--

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

10  candidate required to dispose of funds pursuant to this

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

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

13  thereof:

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

15  have not been spent or obligated.

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

17  obligated to a charitable organization or organizations that

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

19  Revenue Code.

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

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

22  such candidate is a member, except that a candidate for the

23  Florida Senate may give not more than $30,000 of such funds to

24  the political party of which the candidate is a member.

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

26  obligated:

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

28  state, to be deposited in either the Clean Money Election

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

30  designated by the candidate; or

31  

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

 2  political subdivision, to such political subdivision, to be

 3  deposited in the general fund thereof.

 4         (b)  Any candidate required to dispose of funds

 5  pursuant to this section who has received contributions from

 6  the Clean Money Election Campaign Financing Trust Fund shall

 7  return all surplus campaign funds to the Clean Money Election

 8  Campaign Financing Trust Fund.

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

10  Statutes, is amended to read:

11         106.22  Duties of the Division of Elections.--It is the

12  duty of the Division of Elections to:

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

14  investigations with respect to reports and statements filed

15  under the provisions of this chapter and with respect to

16  alleged failures to file any report or statement required

17  under the provisions of this chapter.  The division shall

18  conduct a postelection audit of the campaign accounts of all

19  candidates receiving contributions from the Clean Money

20  Election Campaign Financing Trust Fund.

21         Section 12.  Subsections (3), (4), and (5) of section

22  106.265, Florida Statutes, are amended to read:

23         106.265  Civil penalties.--

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

25  provisions of this section shall be deposited into the Clean

26  Money Election Campaign Financing Trust Fund.

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

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

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

30  would otherwise be deposited into the General Revenue Fund of

31  

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 1  the state, shall be deposited into the Clean Money Election

 2  Campaign Financing Trust Fund.

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

 4  each civil fine required to be deposited into the Clean Money

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

 6  deposited into the Clean Money Trust Fund.

 7         (4)(5)  In any case in which the commission determines

 8  that a person has filed a complaint against another person

 9  with a malicious intent to injure the reputation of the person

10  complained against by filing the complaint with knowledge that

11  the complaint contains one or more false allegations or with

12  reckless disregard for whether the complaint contains false

13  allegations of fact material to a violation of this chapter or

14  chapter 104, the complainant shall be liable for costs and

15  reasonable attorney's fees incurred in the defense of the

16  person complained against, including the costs and reasonable

17  attorney's fees incurred in proving entitlement to and the

18  amount of costs and fees. If the complainant fails to pay such

19  costs and fees voluntarily within 30 days following such

20  finding by the commission, the commission shall forward such

21  information to the Department of Legal Affairs, which shall

22  bring a civil action in a court of competent jurisdiction to

23  recover the amount of such costs and fees awarded by the

24  commission.

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

26  Statutes, is amended to read:

27         320.02  Registration required; application for

28  registration; forms.--

29         (13)  The application form for motor vehicle

30  registration shall include language permitting a voluntary

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

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 1  transferred into the Clean Money Election Campaign Financing

 2  Trust Fund.  A statement providing an explanation of the

 3  purpose of the trust fund shall also be included.

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

 5  322.08, Florida Statutes, is amended to read:

 6         322.08  Application for license.--

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

 8  duplicate thereof shall include language permitting the

 9  following:

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

11  which contribution shall be transferred into the Clean Money

12  Election Campaign Financing Trust Fund.

13  

14  A statement providing an explanation of the purpose of the

15  trust funds shall also be included. For the purpose of

16  applying the service charge provided in s. 215.20,

17  contributions received under paragraphs (c), (d), (e), and (f)

18  and under s. 322.18(9)(a) are not income of a revenue nature.

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

20  Statutes, is amended to read:

21         328.72  Classification; registration; fees and charges;

22  surcharge; disposition of fees; fines; marine turtle

23  stickers.--

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

25  for boat registration shall include a provision to allow each

26  applicant to indicate a desire to pay an additional voluntary

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

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

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

30  of the request for a voluntary contribution solicited shall be

31  $2 or $5 per registrant.  A registrant who provides a

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

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

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

 4  contributions shall be deposited in the Save the Manatee Trust

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

 6  370.12(4). The form shall also include language permitting a

 7  voluntary contribution of $5 per applicant, which contribution

 8  shall be transferred into the Clean Money Election Campaign

 9  Financing Trust Fund.  A statement providing an explanation of

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

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

12  Florida Statutes, is amended to read:

13         607.1622  Annual report for Department of State.--

14         (1)  Each domestic corporation and each foreign

15  corporation authorized to transact business in this state

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

17  annual report on such forms as the Department of State

18  prescribes that sets forth:

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

20  country under the law of which it is incorporated;

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

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

23  in this state;

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

25  mailing address of the corporation;

26         (d)  The corporation's federal employer identification

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

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

29  directors and principal officers;

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

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

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    Florida Senate - 2007                                  SB 2264
    33-43-07




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

 2  per taxpayer, which contribution shall be transferred into the

 3  Clean Money Election Campaign Financing Trust Fund. A

 4  statement providing an explanation of the purpose of the trust

 5  fund shall also be included; and

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

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

 8  provisions of this act.

 9         Section 17.  For the purpose of incorporating the

10  amendment made by this act to section 106.265, Florida

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

12  106.143, Florida Statutes, is reenacted to read:

13         106.143  Political advertisements circulated prior to

14  election; requirements.--

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

16  this section is subject to the civil penalties prescribed in

17  s. 106.265.

18         Section 18.  If any provision of this act or its

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

20  invalidity shall not affect other provisions or applications

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

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

23  this act are declared severable.

24         Section 19.  This act shall take effect July 1, 2007,

25  if Senate Bill ____ or similar legislation creating the Clean

26  Money Trust Fund is adopted in the same legislative session or

27  an extension thereof and becomes law.

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    Florida Senate - 2007                                  SB 2264
    33-43-07




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

 2                          SENATE SUMMARY

 3    Creates the Florida Clean Elections Act. Provides funding
      sources for, and restrictions on campaigning by,
 4    candidates for statewide office and legislative office.

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