December 18, 2014
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Senate Bill 2346

Senate Bill sb2346er

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    2004 Legislature         CS for SB's 2346 & 516, 1st Engrossed



  1                                 

  2         An act relating to elections; providing a short

  3         title; amending s. 106.011, F.S.; redefining

  4         the terms "political committee,"

  5         "contribution," "expenditure," "independent

  6         expenditure," "communications media," and

  7         "political advertisement"; defining the term

  8         "electioneering communication"; amending s.

  9         106.04, F.S.; modifying contribution reporting

10         requirements for committees of continuous

11         existence; modifying prohibitions on activities

12         of committees of continuous existence; amending

13         s. 106.071, F.S.; establishing reporting

14         requirements for certain individuals making

15         electioneering communications; modifying

16         sponsorship disclaimer requirements for

17         independent expenditures; creating an

18         exemption; deleting a limitation on

19         contributions to fund independent expenditures;

20         amending s. 106.143, F.S.; modifying

21         sponsorship disclaimer requirements for

22         political advertisements; amending s. 106.1437,

23         F.S.; creating exemptions to disclaimer

24         requirements for certain public policy

25         advertisements; creating s. 106.1439, F.S.;

26         creating disclaimer requirements for

27         electioneering communications; providing

28         penalties; repealing s. 106.148, F.S., relating

29         to sponsorship disclaimer requirements for

30         certain computer messages; amending s. 97.021,

31         F.S.; defining the term "early voting";


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 1         amending s. 101.015, F.S.; requiring

 2         supervisors of elections to include written

 3         procedures for early voting in their accuracy

 4         and security procedures and to submit any

 5         revisions to those security procedures within a

 6         specified period before early voting commences;

 7         amending s. 101.5612, F.S.; providing for

 8         testing of tabulating equipment prior to

 9         commencement of early voting and notice

10         thereof; amending s. 101.5613, F.S.; specifying

11         the person responsible for examination of

12         equipment for purposes of early voting;

13         amending s. 101.657, F.S.; authorizing and

14         providing requirements for early voting;

15         providing for designation of certain facilities

16         as early voting sites; amending s. 106.021,

17         F.S.; providing exceptions to a prohibition

18         against making certain contributions or

19         expenditures in connection with a campaign or

20         activities of a political committee;

21         authorizing reimbursement of expenses incurred

22         in connection with a campaign or activities of

23         a political committee; requiring disclosure of

24         the names and addresses of persons reimbursed

25         from a campaign account; providing for

26         retroactive operation; amending s. 106.023,

27         F.S.; providing that the execution and filing

28         of the statement of candidate does not in and

29         of itself create a presumption that a violation

30         of ch. 106 or ch. 104, F.S., is a willful

31         violation; amending s. 106.04, F.S.; reducing


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 1         the fine for late filing of campaign finance

 2         reports by committees of continuous existence

 3         for the first 3 days; providing for deposit of

 4         fine proceeds into the General Revenue Fund;

 5         amending s. 106.07, F.S.; revising requirements

 6         for filing campaign reports; revising

 7         requirements with respect to timely filing of

 8         mailed reports; requiring the reporting of the

 9         primary purposes of certain expenditures made

10         indirectly through a campaign treasurer for

11         certain goods and services; expanding grounds

12         for appealing or disputing a fine; requiring

13         the Florida Elections Commission to consider

14         mitigating and aggravating circumstances in

15         determining the amount of a fine, if any, to be

16         waived for late-filed reports; providing for

17         deposit of certain fine proceeds into the

18         General Revenue Fund; limiting investigation of

19         alleged late filing violations; providing for

20         electronic filing of reports; allowing

21         electronic receipts to be used as proof of

22         filing; creating s. 106.0705, F.S.; providing

23         for electronic filing of campaign finance

24         reports; providing standards and guidelines;

25         providing penalties; providing for adoption of

26         rules; amending s. 106.141, F.S.; increasing

27         the amount of surplus funds a candidate for the

28         Florida Senate can turn back to a political

29         party; providing for deposit into the General

30         Revenue Fund of reimbursed election

31         assessments; amending s. 106.25, F.S.;


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 1         restricting the alleged violations the

 2         commission may investigate to those

 3         specifically contained within a sworn

 4         complaint; providing restrictions on subsequent

 5         complaints based on the same facts or

 6         allegations as a prior complaint; authorizing

 7         respondents and complainants and their counsels

 8         to attend hearings at which probable cause is

 9         determined; requiring prior notice; permitting

10         a brief oral statement; specifying bases for

11         determining probable cause; amending s.

12         106.265, F.S.; providing liability of

13         complainants for costs and reasonable

14         attorney's fees under certain circumstances;

15         providing for civil actions to collect such

16         costs and fees; amending s. 106.29, F.S.;

17         providing that the proceeds of funds assessed

18         against political parties for the late filing

19         of reports shall be deposited into the General

20         Revenue Fund; providing for determination of

21         fine for electronically filed campaign finance

22         reports; providing for severability; providing

23         effective dates.

24  

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

26  

27         Section 1.  This act may be cited as the "Florida

28  Advertising Campaign Exposure Act."

29         Section 2.  Section 106.011, Florida Statutes, is

30  amended to read:

31  


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 1         106.011  Definitions.--As used in this chapter, the

 2  following terms have the following meanings unless the context

 3  clearly indicates otherwise:

 4         (1)(a)  "Political committee" means:

 5         1.  A combination of two or more individuals, or a

 6  person other than an individual, that, in an aggregate amount

 7  in excess of $500 during a single calendar year:

 8         a.  Accepts contributions for the purpose of making

 9  contributions to any candidate, political committee, committee

10  of continuous existence, or political party;

11         b.  Accepts contributions for the purpose of expressly

12  advocating the election or defeat of a candidate or the

13  passage or defeat of an issue;

14         c.  Makes expenditures that expressly advocate the

15  election or defeat of a candidate or the passage or defeat of

16  an issue; or

17         d.  Makes contributions to a common fund, other than a

18  joint checking account between spouses, from which

19  contributions are made to any candidate, political committee,

20  committee of continuous existence, or political party;.

21         2.  The sponsor of a proposed constitutional amendment

22  by initiative who intends to seek the signatures of registered

23  electors.

24         (b)  Notwithstanding paragraph (a), the following

25  entities are not considered political committees for purposes

26  of this chapter:

27         1.  Organizations which are certified by the Department

28  of State as committees of continuous existence pursuant to s.

29  106.04, national political parties, and the state and county

30  executive committees of political parties regulated by chapter

31  103.


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 1         2.  Corporations regulated by chapter 607 or chapter

 2  617 or other business entities formed for purposes other than

 3  to support or oppose issues or candidates, if their political

 4  activities are limited to contributions to candidates,

 5  political parties, or political committees or expenditures in

 6  support of or opposition to an issue from corporate or

 7  business funds and if no contributions are received by such

 8  corporations or business entities.

 9         3.  Organizations whose activities are limited to

10  making expenditures for electioneering communications or

11  accepting contributions for the purpose of making

12  electioneering communications; however, such organizations

13  shall be required to register and report contributions,

14  including those received from committees of continuous

15  existence, and expenditures in the same manner, at the same

16  time, subject to the same penalties, and with the same filing

17  officer as a political committee supporting or opposing a

18  candidate or issue contained in the electioneering

19  communication. If any such organization would be required to

20  register and report with more than one filing officer, the

21  organization shall register and report solely with the

22  Division of Elections.

23         (2)  "Committee of continuous existence" means any

24  group, organization, association, or other such entity which

25  is certified pursuant to the provisions of s. 106.04.

26         (3)  "Contribution" means:

27         (a)  A gift, subscription, conveyance, deposit, loan,

28  payment, or distribution of money or anything of value,

29  including contributions in kind having an attributable

30  monetary value in any form, made for the purpose of

31  


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 1  influencing the results of an election or making an

 2  electioneering communication.

 3         (b)  A transfer of funds between political committees,

 4  between committees of continuous existence, or between a

 5  political committee and a committee of continuous existence.

 6         (c)  The payment, by any person other than a candidate

 7  or political committee, of compensation for the personal

 8  services of another person which are rendered to a candidate

 9  or political committee without charge to the candidate or

10  committee for such services.

11         (d)  The transfer of funds by a campaign treasurer or

12  deputy campaign treasurer between a primary depository and a

13  separate interest-bearing account or certificate of deposit,

14  and the term includes any interest earned on such account or

15  certificate.

16  

17  Notwithstanding the foregoing meanings of "contribution," the

18  word shall not be construed to include services, including,

19  but not limited to, legal and accounting services, provided

20  without compensation by individuals volunteering a portion or

21  all of their time on behalf of a candidate or political

22  committee.  This definition shall not be construed to include

23  editorial endorsements.

24         (4)(a)  "Expenditure" means a purchase, payment,

25  distribution, loan, advance, transfer of funds by a campaign

26  treasurer or deputy campaign treasurer between a primary

27  depository and a separate interest-bearing account or

28  certificate of deposit, or gift of money or anything of value

29  made for the purpose of influencing the results of an election

30  or making an electioneering communication. However,

31  "expenditure" does not include a purchase, payment,


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 1  distribution, loan, advance, or gift of money or anything of

 2  value made for the purpose of influencing the results of an

 3  election when made by an organization, in existence prior to

 4  the time during which a candidate qualifies or an issue is

 5  placed on the ballot for that election, for the purpose of

 6  printing or distributing such organization's newsletter,

 7  containing a statement by such organization in support of or

 8  opposition to a candidate or issue, which newsletter is

 9  distributed only to members of such organization.

10         (b)  As used in this chapter, an "expenditure" for an

11  electioneering communication is made when the earliest of the

12  following occurs:

13         1.  A person executes a contract for applicable goods

14  or services;

15         2.  A person makes payment, in whole or in part, for

16  applicable goods or services; or

17         3.  The electioneering communication is publicly

18  disseminated.

19         (5)(a)  "Independent expenditure" means an expenditure

20  by a person for the purpose of expressly advocating the

21  election or defeat of a candidate or the approval or rejection

22  of an issue, which expenditure is not controlled by,

23  coordinated with, or made upon consultation with, any

24  candidate, political committee, or agent of such candidate or

25  committee.  An expenditure for such purpose by a person having

26  a contract with the candidate, political committee, or agent

27  of such candidate or committee in a given election period

28  shall not be deemed an independent expenditure.

29         (b)  An expenditure for the purpose of expressly

30  advocating the election or defeat of a candidate which is made

31  by the national, state, or county executive committee of a


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 1  political party, including any subordinate committee of a

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

 3  by any political committee or committee of continuous

 4  existence, or any other person, shall not be considered an

 5  independent expenditure if the committee or person:

 6         1.  Communicates with the candidate, the candidate's

 7  campaign, or an agent of the candidate acting on behalf of the

 8  candidate, including any pollster, media consultant,

 9  advertising agency, vendor, advisor, or staff member,

10  concerning the preparation of, use of, or payment for, the

11  specific expenditure or advertising campaign at issue; or

12         2.  Makes a payment in cooperation, consultation, or

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

14  any general or particular understanding with the candidate,

15  the candidate's campaign, a political committee supporting the

16  candidate, or an agent of the candidate relating to the

17  specific expenditure or advertising campaign at issue; or

18         3.  Makes a payment for the dissemination,

19  distribution, or republication, in whole or in part, of any

20  broadcast or any written, graphic, or other form of campaign

21  material prepared by the candidate, the candidate's campaign,

22  or an agent of the candidate, including any pollster, media

23  consultant, advertising agency, vendor, advisor, or staff

24  member; or

25         4.  Makes a payment based on information about the

26  candidate's plans, projects, or needs communicated to a member

27  of the committee or person by the candidate or an agent of the

28  candidate, provided the committee or person uses the

29  information in any way, in whole or in part, either directly

30  or indirectly, to design, prepare, or pay for the specific

31  expenditure or advertising campaign at issue; or


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 1         5.  After the last day of qualifying for statewide or

 2  legislative office, consults about the candidate's plans,

 3  projects, or needs in connection with the candidate's pursuit

 4  of election to office and the information is used in any way

 5  to plan, create, design, or prepare an independent expenditure

 6  or advertising campaign, with:

 7         a.  Any officer, director, employee, or agent of a

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

 9  party that has made or intends to make expenditures in

10  connection with or contributions to the candidate; or

11         b.  Any person whose professional services have been

12  retained by a national, state, or county executive committee

13  of a political party that has made or intends to make

14  expenditures in connection with or contributions to the

15  candidate; or

16         6.  After the last day of qualifying for statewide or

17  legislative office, retains the professional services of any

18  person also providing those services to the candidate in

19  connection with the candidate's pursuit of election to office;

20  or

21         7.  Arranges, coordinates, or directs the expenditure,

22  in any way, with the candidate or an agent of the candidate.

23         (6)  "Election" means any primary election, special

24  primary election, general election, special election, or

25  municipal election held in this state for the purpose of

26  nominating or electing candidates to public office, choosing

27  delegates to the national nominating conventions of political

28  parties, or submitting an issue to the electors for their

29  approval or rejection.

30         (7)  "Issue" means any proposition which is required by

31  the State Constitution, by law or resolution of the


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 1  Legislature, or by the charter, ordinance, or resolution of

 2  any political subdivision of this state to be submitted to the

 3  electors for their approval or rejection at an election, or

 4  any proposition for which a petition is circulated in order to

 5  have such proposition placed on the ballot at any election.

 6         (8)  "Person" means an individual or a corporation,

 7  association, firm, partnership, joint venture, joint stock

 8  company, club, organization, estate, trust, business trust,

 9  syndicate, or other combination of individuals having

10  collective capacity. The term includes a political party,

11  political committee, or committee of continuous existence.

12         (9)  "Campaign treasurer" means an individual appointed

13  by a candidate or political committee as provided in this

14  chapter.

15         (10)  "Public office" means any state, county,

16  municipal, or school or other district office or position

17  which is filled by vote of the electors.

18         (11)  "Campaign fund raiser" means any affair held to

19  raise funds to be used in a campaign for public office.

20         (12)  "Division" means the Division of Elections of the

21  Department of State.

22         (13)  "Communications media" means broadcasting

23  stations, newspapers, magazines, outdoor advertising

24  facilities, printers, direct mailing companies, advertising

25  agencies, the Internet, and telephone companies; but with

26  respect to telephones, an expenditure shall be deemed to be an

27  expenditure for the use of communications media only if made

28  for the costs of telephones, paid telephonists, or automatic

29  telephone equipment to be used by a candidate or a political

30  committee to communicate with potential voters but excluding

31  any costs of telephones incurred by a volunteer for use of


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 1  telephones by such volunteer; however, with respect to the

 2  Internet, an expenditure shall be deemed an expenditure for

 3  use of communications media only if made for the cost of

 4  creating or disseminating a message on a computer information

 5  system accessible by more than one person but excluding

 6  internal communications of a campaign or of any group.

 7         (14)  "Filing officer" means the person before whom a

 8  candidate qualifies, the agency or officer with whom a

 9  political committee registers, or the agency by whom a

10  committee of continuous existence is certified.

11         (15)  "Unopposed candidate" means a candidate for

12  nomination or election to an office who, after the last day on

13  which any person, including a write-in candidate, may qualify,

14  is without opposition in the election at which the office is

15  to be filled or who is without such opposition after such date

16  as a result of any primary election or of withdrawal by other

17  candidates seeking the same office.  A candidate is not an

18  unopposed candidate if there is a vacancy to be filled under

19  s. 100.111(4), if there is a legal proceeding pending

20  regarding the right to a ballot position for the office sought

21  by the candidate, or if the candidate is seeking retention as

22  a justice or judge.

23         (16)  "Candidate" means any person to whom any one or

24  more of the following apply:

25         (a)  Any person who seeks to qualify for nomination or

26  election by means of the petitioning process.

27         (b)  Any person who seeks to qualify for election as a

28  write-in candidate.

29         (c)  Any person who receives contributions or makes

30  expenditures, or consents for any other person to receive

31  contributions or make expenditures, with a view to bring about


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 1  his or her nomination or election to, or retention in, public

 2  office.

 3         (d)  Any person who appoints a treasurer and designates

 4  a primary depository.

 5         (e)  Any person who files qualification papers and

 6  subscribes to a candidate's oath as required by law.

 7  

 8  However, this definition does not include any candidate for a

 9  political party executive committee.

10         (17)  "Political advertisement" means a paid expression

11  in any communications media prescribed in subsection (13),

12  whether radio, television, newspaper, magazine, periodical,

13  campaign literature, direct mail, or display or by means other

14  than the spoken word in direct conversation, which expressly

15  advocates the election or defeat of a candidate or the

16  approval or rejection of an issue shall support or oppose any

17  candidate, elected public official, or issue. However,

18  political advertisement does not include:

19         (a)  A statement by an organization, in existence prior

20  to the time during which a candidate qualifies or an issue is

21  placed on the ballot for that election, in support of or

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

23  newsletter, which newsletter is distributed only to the

24  members of that organization.

25         (b)  Editorial endorsements by any newspaper, radio or

26  television station, or other recognized news medium.

27         (18)(a)  "Electioneering communication" means a paid

28  expression in any communications media prescribed in

29  subsection (13) by means other than the spoken word in direct

30  conversation that:

31  


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 1         1.  Refers to or depicts a clearly identified candidate

 2  for office or contains a clear reference indicating that an

 3  issue is to be voted on at an election, without expressly

 4  advocating the election or defeat of a candidate or the

 5  passage or defeat of an issue.

 6         2.  For communications referring to or depicting a

 7  clearly identified candidate for office, is targeted to the

 8  relevant electorate. A communication is considered targeted if

 9  1,000 or more persons in the geographic area the candidate

10  would represent if elected will receive the communication.

11         3.  For communications referring to or depicting a

12  clearly identified candidate for office, is published after

13  the end of the candidate qualifying period for the office

14  sought by the candidate.

15         4.  For communications containing a clear reference

16  indicating that an issue is to be voted on at an election, is

17  published after the issue is designated a ballot position or

18  120 days before the date of the election on the issue,

19  whichever occurs first.

20         (b)  The term "electioneering communication" does not

21  include:

22         1.  A statement or depiction by an organization, in

23  existence prior to the time during which a candidate named or

24  depicted qualifies or an issue identified is placed on the

25  ballot for that election, made in that organization's

26  newsletter, which newsletter is distributed only to members of

27  that organization.

28         2.  An editorial endorsement, news story, commentary,

29  or editorial by any newspaper, radio, television station, or

30  other recognized news medium.

31  


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 1         3.  A communication that constitutes a public debate or

 2  forum that includes at least two opposing candidates for an

 3  office or one advocate and one opponent of an issue, or that

 4  solely promotes such a debate or forum and is made by or on

 5  behalf of the person sponsoring the debate or forum, provided

 6  that:

 7         a.  The staging organization is either:

 8         (I)  A charitable organization that does not make other

 9  electioneering communications and does not otherwise support

10  or oppose any political candidate or political party; or

11         (II)  A newspaper, radio station, television station,

12  or other recognized news medium; and

13         b.  The staging organization does not structure the

14  debate to promote or advance one candidate or issue position

15  over another.

16         (c)  For purposes of this chapter, an expenditure made

17  for, or in furtherance of, an electioneering communication

18  shall not be considered a contribution to or on behalf of any

19  candidate.

20         (d)  For purposes of this chapter, an electioneering

21  communication shall not constitute an independent expenditure

22  nor be subject to the limitations applicable to independent

23  expenditures.

24         Section 3.  Subsections (4) and (5) of section 106.04,

25  Florida Statutes, are amended to read:

26         106.04  Committees of continuous existence.--

27         (4)(a)  Each committee of continuous existence shall

28  file an annual report with the Division of Elections during

29  the month of January.  Such annual reports shall contain the

30  same information and shall be accompanied by the same

31  materials as original applications filed pursuant to


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 1  subsection (2). However, the charter or bylaws need not be

 2  filed if the annual report is accompanied by a sworn statement

 3  by the chair that no changes have been made to such charter or

 4  bylaws since the last filing.

 5         (b)1.  Each committee of continuous existence shall

 6  file regular reports with the Division of Elections at the

 7  same times and subject to the same filing conditions as are

 8  established by s. 106.07(1) and (2) for candidates' reports.

 9         2.  Any committee of continuous existence failing to so

10  file a report with the Division of Elections pursuant to this

11  paragraph on the designated due date shall be subject to a

12  fine for late filing as provided by this section.

13         (c)  All committees of continuous existence shall file

14  the original and one copy of their reports with the Division

15  of Elections.  In addition, a duplicate copy of each report

16  shall be filed with the supervisor of elections in the county

17  in which the committee maintains its books and records, except

18  that if the filing officer to whom the committee is required

19  to report is located in the same county as the supervisor no

20  such duplicate report is required to be filed with the

21  supervisor.  Reports shall be on forms provided by the

22  division and shall contain the following information:

23         1.  The full name, address, and occupation of each

24  person who has made one or more contributions, including

25  contributions that represent the payment of membership dues,

26  to the committee during the reporting period, together with

27  the amounts and dates of such contributions. For corporations,

28  the report must provide as clear a description as practicable

29  of the principal type of business conducted by the

30  corporation. However, if the contribution is $100 or less, the

31  occupation of the contributor or principal type of business


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 1  need not be listed. However, for any contributions that which

 2  represent the payment of dues by members in a fixed amount

 3  aggregating no more than $250 per calendar year, pursuant to

 4  the schedule on file with the Division of Elections, only the

 5  aggregate amount of such contributions need be listed,

 6  together with the number of members paying such dues and the

 7  amount of the membership dues.

 8         2.  The name and address of each political committee or

 9  committee of continuous existence from which the reporting

10  committee received, or the name and address of each political

11  committee, committee of continuous existence, or political

12  party to which it made, any transfer of funds, together with

13  the amounts and dates of all transfers.

14         3.  Any other receipt of funds not listed pursuant to

15  subparagraph 1. or subparagraph 2., including the sources and

16  amounts of all such funds.

17         4.  The name and address of, and office sought by, each

18  candidate to whom the committee has made a contribution during

19  the reporting period, together with the amount and date of

20  each contribution.

21         5.  The full name and address of each person to whom

22  expenditures have been made by or on behalf of the committee

23  within the reporting period; the amount, date, and purpose of

24  each such expenditure; and the name and address, and office

25  sought by, each candidate on whose behalf such expenditure was

26  made.

27         6.  The total sum of expenditures made by the committee

28  during the reporting period.

29         (d)  The treasurer of each committee shall certify as

30  to the correctness of each report and shall bear the

31  responsibility for its accuracy and veracity.  Any treasurer


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 1  who willfully certifies to the correctness of a report while

 2  knowing that such report is incorrect, false, or incomplete

 3  commits a misdemeanor of the first degree, punishable as

 4  provided in s. 775.082 or s. 775.083.

 5         (5)  No committee of continuous existence shall make an

 6  electioneering communication, contribute to any candidate or

 7  political committee an amount in excess of the limits

 8  contained in s. 106.08(1), or participate in any other

 9  activity which is prohibited by this chapter. If any violation

10  occurs, it shall be punishable as provided in this chapter for

11  the given offense.  No funds of a committee of continuous

12  existence shall be expended on behalf of a candidate, except

13  by means of a contribution made through the duly appointed

14  campaign treasurer of a candidate.  No such committee shall

15  make expenditures in support of, or in opposition to, an issue

16  unless such committee first registers as a political committee

17  pursuant to this chapter and undertakes all the practices and

18  procedures required thereof; provided such committee may make

19  contributions in a total amount not to exceed 25 percent of

20  its aggregate income, as reflected in the annual report filed

21  for the previous year, to one or more political committees

22  registered pursuant to s. 106.03 and formed to support or

23  oppose issues.

24         Section 4.  Section 106.071, Florida Statutes, is

25  amended to read:

26         106.071  Independent expenditures; electioneering

27  communications; reports; disclaimers.--

28         (1)  Each person who makes an independent expenditure

29  with respect to any candidate or issue, and each individual

30  who makes an expenditure for an electioneering communication

31  which is not otherwise reported pursuant to this chapter,


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 1  which expenditure, in the aggregate, is in the amount of $100

 2  or more, shall file periodic reports of such expenditures in

 3  the same manner, at the same time, subject to the same

 4  penalties, and with the same officer as a political committee

 5  supporting or opposing such candidate or issue. The report

 6  shall contain the full name and address of the person making

 7  the expenditure; the full name and address of each person to

 8  whom and for whom each such expenditure has been made; the

 9  amount, date, and purpose of each such expenditure; a

10  description of the services or goods obtained by each such

11  expenditure; the issue to which the expenditure relates; and

12  the name and address of, and office sought by, each candidate

13  on whose behalf such expenditure was made.

14         (2)  Any political advertisement paid for by an

15  independent expenditure shall prominently state "Paid

16  political advertisement paid for by  . . . (Name and address

17  of person or committee paying for advertisement) . .

18  .  independently of any  . . . (candidate or committee) . . .

19  . ," and shall contain the name and address of the person

20  paying for the political advertisement.

21         (3)  Subsection (2) does not apply to novelty items

22  having a retail value of $10 or less which support, but do not

23  oppose, a candidate or issue.

24         (4)(2)  Any person who fails to include the disclaimer

25  prescribed in subsection (2) (1) in any political

26  advertisement that which is required to contain such

27  disclaimer commits is guilty of a misdemeanor of the first

28  degree, punishable as provided in s. 775.082 or s. 775.083.

29         (3)  No person may make a contribution in excess of

30  $1,000 to any other person, to be used by such other person to

31  make an independent expenditure.


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 1         Section 5.  Subsection (1) of section 106.143, Florida

 2  Statutes, is amended to read:

 3         106.143  Political advertisements circulated prior to

 4  election; requirements.--

 5         (1)(a)  Any political advertisement that is paid for by

 6  a candidate and that is published, displayed, or circulated

 7  prior to, or on the day of, any election must prominently

 8  state:  "Political advertisement paid for and approved by  . .

 9  .  (name of candidate)  . . . ,  . . . (party affiliation)  .

10  . . , for  . . .  (office sought)  . . . ."

11         (b)  Any other political advertisement and any campaign

12  literature published, displayed, or circulated prior to, or on

13  the day of, any election must prominently shall:

14         1.(a)  Be marked "paid political advertisement" or with

15  the abbreviation "pd. pol. adv."

16         2.  State the name and address of the persons

17  sponsoring the advertisement.

18         (b)  Identify the persons or organizations sponsoring

19  the advertisement.

20         3.a.(I)(c)1.a.  State whether the advertisement and the

21  cost of production is paid for or provided in kind by or at

22  the expense of the entity publishing, displaying,

23  broadcasting, or circulating the political advertisement; or

24         (II)b.  State who provided or paid for the

25  advertisement and cost of production, if different from the

26  source of sponsorship.

27         b.2.  This subparagraph does paragraph shall not apply

28  if the source of the sponsorship is patently clear from the

29  content or format of the political advertisement or campaign

30  literature.

31  


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 1  This subsection does not apply to campaign messages used by a

 2  candidate and the candidate's supporters if those messages are

 3  designed to be worn by a person.

 4         Section 6.  Section 106.1437, Florida Statutes, is

 5  amended to read:

 6         106.1437  Miscellaneous advertisements.--Any

 7  advertisement, other than a political advertisement,

 8  independent expenditure, or electioneering communication, on

 9  billboards, bumper stickers, radio, or television, or in a

10  newspaper, a magazine, or a periodical, intended to influence

11  public policy or the vote of a public official, shall clearly

12  designate the sponsor of such advertisement by including a

13  clearly readable statement of sponsorship. If the

14  advertisement is broadcast on television, the advertisement

15  shall also contain a verbal statement of sponsorship. This

16  section shall not apply to an editorial endorsement.

17         Section 7.  Section 106.1439, Florida Statutes, is

18  created to read:

19         106.1439  Electioneering communications; disclaimers.--

20         (1)  Any electioneering communication shall prominently

21  state, "Paid electioneering communication paid for by  . .

22  .  (Name and address of person paying for the communication) .

23  . . ."

24         (2)  Any person who fails to include the disclaimer

25  prescribed in this section in any electioneering communication

26  that is required to contain such disclaimer commits a

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

28  775.082 or s. 775.083.

29         Section 8.  Section 106.148, Florida Statutes, is

30  repealed.

31  


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 1         Section 9.  Subsections (7) through (38) are renumbered

 2  as subsections (8) through (39), respectively, and a new

 3  subsection (8) is added to said section to read:

 4         97.021  Definitions.--For the purposes of this code,

 5  except where the context clearly indicates otherwise, the

 6  term:

 7         (7)  "Early voting" means casting a ballot prior to

 8  election day at a location designated by the supervisor of

 9  elections and depositing the voted ballot in the tabulation

10  system.

11         Section 10.  Paragraphs (b) and (c) of subsection (4)

12  of section 101.015, Florida Statutes, are amended to read:

13         101.015  Standards for voting systems.--

14         (4)

15         (b)  Each supervisor of elections shall establish

16  written procedures to assure accuracy and security in his or

17  her county, including procedures related to early voting

18  pursuant to s. 101.657. and Such procedures shall be reviewed

19  in each odd-numbered year by the Department of State.

20         (c)  Each supervisor of elections shall submit any

21  revisions to the security procedures to the Department of

22  State at least 45 days before early voting commences pursuant

23  to s. 101.657 in an the first election in which they are to

24  take effect.

25         Section 11.  Subsection (2) of section 101.5612,

26  Florida Statutes, is amended to read:

27         101.5612  Testing of tabulating equipment.--

28         (2)  On any day not more than 10 days prior to the

29  commencement of early voting as provided in s. 101.657

30  election day, the supervisor of elections shall have the

31  automatic tabulating equipment publicly tested to ascertain


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 1  that the equipment will correctly count the votes cast for all

 2  offices and on all measures. Public notice of the time and

 3  place of the test shall be given at least 48 hours prior

 4  thereto by publication once in one or more newspapers of

 5  general circulation in the county or, if there is no newspaper

 6  of general circulation in the county, by posting the such

 7  notice in at least four conspicuous places in the county. The

 8  supervisor or the municipal elections official may, at the

 9  time of qualifying, give written notice of the time and

10  location of the such public preelection test to each candidate

11  qualifying with that office and obtain a signed receipt that

12  the such notice has been given. The Department of State shall

13  give written notice to each statewide candidate at the time of

14  qualifying, or immediately at the end of qualifying, that the

15  voting equipment will be tested and advise each such candidate

16  to contact the county supervisor of elections as to the time

17  and location of the public preelection test. The supervisor or

18  the municipal elections official shall, at least 15 days prior

19  to the commencement of early voting as provided in s. 101.657

20  an election, send written notice by certified mail to the

21  county party chair of each political party and to all

22  candidates for other than statewide office whose names appear

23  on the ballot in the county and who did not receive written

24  notification from the supervisor or municipal elections

25  official at the time of qualifying, stating the time and

26  location of the public preelection test of the automatic

27  tabulating equipment. The canvassing board shall convene, and

28  each member of the canvassing board shall certify to the

29  accuracy of the test. For the test, the canvassing board may

30  designate one member to represent it. The test shall be open

31  to representatives of the political parties, the press, and


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 1  the public. Each political party may designate one person with

 2  expertise in the computer field who shall be allowed in the

 3  central counting room when all tests are being conducted and

 4  when the official votes are being counted. The Such designee

 5  shall not interfere with the normal operation of the

 6  canvassing board.

 7         Section 12.  Section 101.5613, Florida Statutes, is

 8  amended to read:

 9         101.5613  Examination of equipment during voting.--A

10  member of the election board or, for purposes of early voting

11  pursuant to s. 101.657, a representative of the supervisor of

12  elections, shall occasionally examine the face of the voting

13  device and the ballot information to determine that the device

14  and the ballot information have not been damaged or tampered

15  with.

16         Section 13.  Section 101.657, Florida Statutes, is

17  amended to read:

18         101.657  Early voting absentee ballots in person.--

19         (1)  Any qualified and registered elector may pick up

20  and vote an absentee ballot in person at the office of, and

21  under the supervision of, the supervisor of elections. Before

22  receiving the ballot, the elector must present a current and

23  valid picture identification as provided in s. 97.0535(3)(a).

24  If the elector fails to furnish the required identification,

25  or if the supervisor is in doubt as to the identity of the

26  elector, the supervisor must follow the procedure prescribed

27  in s. 101.49. If the elector who fails to furnish the required

28  identification is a first-time voter who registered by mail

29  and has not provided the required identification to the

30  supervisor of elections prior to voting, the elector shall be

31  allowed to vote a provisional ballot. The canvassing board


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 1  shall compare the signature on the provisional ballot envelope

 2  with the signature on the voter's registration and, if the

 3  signatures match, shall count the ballot.

 4         (1)(a)(2)  As an alternative to the provisions of ss.

 5  101.64 and 101.65, The supervisor of elections shall may allow

 6  an elector to vote early cast an absentee ballot in the main

 7  or branch office of the supervisor by depositing the voted

 8  ballot in a voting device used by the supervisor to collect or

 9  tabulate ballots. In order for a branch office to be used for

10  early voting, it shall be a full-service facility of the

11  supervisor and shall have been designated as such at least 1

12  year prior to the election. The supervisor may designate any

13  city hall or public library as early voting sites; however, if

14  so designated, the sites must be geographically located so as

15  to provide all voters in the county an equal opportunity to

16  cast a ballot, insofar as is practicable. The results or

17  tabulation may not be made before the close of the polls on

18  election day.

19         (b)  Early voting shall begin on the 15th day before an

20  election and end on the day before an election. For purposes

21  of a special election held pursuant to s. 100.101, early

22  voting shall begin on the 8th day before an election and end

23  on the day before an election. Early voting shall be provided

24  for at least 8 hours per weekday during the applicable

25  periods. Early voting shall also be provided for 8 hours in

26  the aggregate for each weekend during the applicable periods.

27         (2)(a)  The elector must provide identification as

28  required in subsection (1) and must complete an Early Voting

29  In-Office Voter Certificate in substantially the following

30  form:

31  


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 1         EARLY VOTING IN-OFFICE VOTER CERTIFICATE

 2  

 3  I, _____, am a qualified elector in this election and

 4  registered voter of _____ County, Florida. I do solemnly swear

 5  or affirm that I am the person so listed on the voter

 6  registration rolls of _____ County and that I reside at the

 7  listed address. I understand that if I commit or attempt to

 8  commit fraud in connection with voting, vote a fraudulent

 9  ballot, or vote more than once in an election I could be

10  convicted of a felony of the third degree and both fined up to

11  $5,000 and imprisoned for up to 5 years. I understand that my

12  failure to sign this certificate and have my signature

13  witnessed invalidates my ballot.

14  

15  

16  ...  (Voter's Signature)  ...

17  

18  ...  (Address)  ...

19  

20  ...  (City/State)  ...

21  

22         ...  (Name of Witness)  ...

23         ...  (Signature of Witness)  ...

24         ...  (Type of identification provided)  ...

25         (b)  Any elector may challenge an elector seeking to

26  vote early cast an absentee ballot under the provisions of s.

27  101.111. Any challenged voter ballot must vote be placed in  a

28  provisional regular absentee ballot envelope. The canvassing

29  board shall review the ballot and decide the validity of the

30  ballot by majority vote.

31  


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 1         (c)  The canvass of returns for ballots cast under this

 2  subsection shall be substantially the same as votes cast by

 3  electors in precincts, as provided in s. 101.5614.

 4         Section 14.  Effective July 1, 2004, and operating

 5  retroactively to January 1, 2002, subsection (3) of section

 6  106.021, Florida Statutes, is amended to read:

 7         106.021  Campaign treasurers; deputies; primary and

 8  secondary depositories.--

 9         (3)  Except for independent expenditures, No

10  contribution or expenditure, including contributions or

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

12  shall be directly or indirectly made or received in

13  furtherance of the candidacy of any person for nomination or

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

15  political committee except through the duly appointed campaign

16  treasurer of the candidate or political committee, subject to

17  the following exceptions:; however,

18         (a)  Independent expenditures;

19         (b)  Reimbursements to a candidate or any other

20  individual may be reimbursed for expenses incurred in

21  connection with the campaign or activities of the political

22  committee for travel, food and beverage, office supplies, and

23  mementos expressing gratitude to campaign supporters by a

24  check drawn upon the campaign account and reported pursuant to

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

26  each person to whom the candidate or other individual made

27  payment for which reimbursement was made by check drawn upon

28  the campaign account shall be reported pursuant to s.

29  106.07(4), together with the purpose of such payment;

30         (c)  Expenditures made indirectly through a treasurer

31  for goods or services, such as communications media placement


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

 2  expenditures that include multiple integral components as part

 3  of the expenditure and reported pursuant to s.

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

 5         (d)  In addition, Expenditures may be made directly by

 6  any political committee or political party regulated by

 7  chapter 103 for obtaining time, space, or services in or by

 8  any communications medium for the purpose of jointly endorsing

 9  three or more candidates, and any such expenditure shall not

10  be considered a contribution or expenditure to or on behalf of

11  any such candidates for the purposes of this chapter.

12         Section 15.  Section 106.023, Florida Statutes, is

13  amended to read:

14         106.023  Statement of candidate.--

15         (1)  Each candidate must file a statement with the

16  qualifying officer within 10 days after filing the appointment

17  of campaign treasurer and designation of campaign depository,

18  stating that the candidate has read and understands the

19  requirements of this chapter. Such statement shall be provided

20  by the filing officer and shall be in substantially the

21  following form:

22   STATEMENT OF CANDIDATE

23  

24         I, ____, candidate for the office of ____, have

25  received, read, and understand the requirements of Chapter

26  106, Florida Statutes.

27  

28    . . . (Signature of candidate) . . .  . . . (Date) . . .  

29  

30   Willful failure to file this form is a violation of ss.

31  106.19(1)(c) and 106.25(3), F.S.


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 1         (2)  The execution and filing of the statement of

 2  candidate does not in and of itself create a presumption that

 3  any violation of this chapter or chapter 104 is a willful

 4  violation as defined in s. 106.37.

 5         Section 16.  Paragraph (a) of subsection (8) of section

 6  106.04, Florida Statutes, is amended to read:

 7         106.04  Committees of continuous existence.--

 8         (8)(a)  Any committee of continuous existence failing

 9  to file a report on the designated due date shall be subject

10  to a fine. The fine shall be $50 per day for the first 3 days

11  late and, thereafter, $500 per day for each late day, not to

12  exceed 25 percent of the total receipts or expenditures,

13  whichever is greater, for the period covered by the late

14  report. The fine shall be assessed by the filing officer, and

15  the moneys collected shall be deposited in the General Revenue

16  Elections Commission Trust Fund. No separate fine shall be

17  assessed for failure to file a copy of any report required by

18  this section.

19         Section 17.  Paragraph (a) of subsection (2), paragraph

20  (a) of subsection (4), and paragraphs (a), (c), and (d) of

21  subsection (8) of section 106.07, Florida Statutes, are

22  amended to read:

23         106.07  Reports; certification and filing.--

24         (2)(a)  All reports required of a candidate by this

25  section shall be filed with the officer before whom the

26  candidate is required by law to qualify. All candidates who

27  file with the Department of State shall file the original and

28  one copy of their reports. In addition, a copy of each report

29  for candidates for other than statewide office who qualify

30  with the Department of State shall be filed with the

31  supervisor of elections in the county where the candidate


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 1  resides. Reports shall be filed not later than 5 p.m. of the

 2  day designated; however, any report postmarked by the United

 3  States Postal Service no later than midnight of the day

 4  designated shall be deemed to have been filed in a timely

 5  manner. Any report received by the filing officer within 5

 6  days after the designated due date that was delivered by the

 7  United States Postal Service shall be deemed timely filed

 8  unless it has a postmark that indicates that the report was

 9  mailed after the designated due date. A certificate of mailing

10  obtained from and dated by the United States Postal Service at

11  the time of mailing, or a receipt from an established courier

12  company, which bears a date on or before the date on which the

13  report is due, shall be proof of mailing in a timely manner.

14  Reports shall contain information of all previously unreported

15  contributions received and expenditures made as of the

16  preceding Friday, except that the report filed on the Friday

17  immediately preceding the election shall contain information

18  of all previously unreported contributions received and

19  expenditures made as of the day preceding that designated due

20  date. All such reports shall be open to public inspection.

21         (4)(a)  Each report required by this section shall

22  contain:

23         1.  The full name, address, and occupation, if any of

24  each person who has made one or more contributions to or for

25  such committee or candidate within the reporting period,

26  together with the amount and date of such contributions. For

27  corporations, the report must provide as clear a description

28  as practicable of the principal type of business conducted by

29  the corporation. However, if the contribution is $100 or less

30  or is from a relative, as defined in s. 112.312, provided that

31  the relationship is reported, the occupation of the


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 1  contributor or the principal type of business need not be

 2  listed.

 3         2.  The name and address of each political committee

 4  from which the reporting committee or the candidate received,

 5  or to which the reporting committee or candidate made, any

 6  transfer of funds, together with the amounts and dates of all

 7  transfers.

 8         3.  Each loan for campaign purposes to or from any

 9  person or political committee within the reporting period,

10  together with the full names, addresses, and occupations, and

11  principal places of business, if any, of the lender and

12  endorsers, if any, and the date and amount of such loans.

13         4.  A statement of each contribution, rebate, refund,

14  or other receipt not otherwise listed under subparagraphs 1.

15  through 3.

16         5.  The total sums of all loans, in-kind contributions,

17  and other receipts by or for such committee or candidate

18  during the reporting period. The reporting forms shall be

19  designed to elicit separate totals for in-kind contributions,

20  loans, and other receipts.

21         6.  The full name and address of each person to whom

22  expenditures have been made by or on behalf of the committee

23  or candidate within the reporting period; the amount, date,

24  and purpose of each such expenditure; and the name and address

25  of, and office sought by, each candidate on whose behalf such

26  expenditure was made. However, expenditures made from the

27  petty cash fund provided by s. 106.12 need not be reported

28  individually.

29         7.  The full name and address of each person to whom an

30  expenditure for personal services, salary, or reimbursement

31  for authorized expenses as provided in s. 106.021(3) has been


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 1  made and which is not otherwise reported, including the

 2  amount, date, and purpose of such expenditure. However,

 3  expenditures made from the petty cash fund provided for in s.

 4  106.12 need not be reported individually.

 5         8.  The total amount withdrawn and the total amount

 6  spent for petty cash purposes pursuant to this chapter during

 7  the reporting period.

 8         9.  The total sum of expenditures made by such

 9  committee or candidate during the reporting period.

10         10.  The amount and nature of debts and obligations

11  owed by or to the committee or candidate, which relate to the

12  conduct of any political campaign.

13         11.  A copy of each credit card statement which shall

14  be included in the next report following receipt thereof by

15  the candidate or political committee. Receipts for each credit

16  card purchase shall be retained by the treasurer with the

17  records for the campaign account.

18         12.  The amount and nature of any separate

19  interest-bearing accounts or certificates of deposit and

20  identification of the financial institution in which such

21  accounts or certificates of deposit are located.

22         13.  The primary purposes of an expenditure made

23  indirectly through a campaign treasurer pursuant to s.

24  106.021(3) for goods and services such as communications media

25  placement or procurement services, campaign signs, insurance,

26  and other expenditures that include multiple components as

27  part of the expenditure. The primary purpose of an expenditure

28  shall be that purpose, including integral and directly related

29  components, that comprises 80 percent of such expenditure.

30         (8)(a)  Any candidate or political committee failing to

31  file a report on the designated due date shall be subject to a


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 1  fine as provided in paragraph (b) for each late day, and, in

 2  the case of a candidate, such fine shall be paid only from

 3  personal funds of the candidate. The fine shall be assessed by

 4  the filing officer and the moneys collected shall be

 5  deposited:

 6         1.  In the General Revenue Elections Commission Trust

 7  Fund, in the case of a candidate for state office or a

 8  political committee that registers with the Division of

 9  Elections; or

10         2.  In the general revenue fund of the political

11  subdivision, in the case of a candidate for an office of a

12  political subdivision or a political committee that registers

13  with an officer of a political subdivision.

14  

15  No separate fine shall be assessed for failure to file a copy

16  of any report required by this section.

17         (c)  Any candidate or chair of a political committee

18  may appeal or dispute the fine, based upon, but not limited

19  to, unusual circumstances surrounding the failure to file on

20  the designated due date, and may request and shall be entitled

21  to a hearing before the Florida Elections Commission, which

22  shall have the authority to waive the fine in whole or in

23  part. The Florida Elections Commission must consider the

24  mitigating and aggravating circumstances contained in s.

25  106.265(1) when determining the amount of a fine, if any, to

26  be waived. Any such request shall be made within 20 days after

27  receipt of the notice of payment due. In such case, the

28  candidate or chair of the political committee shall, within

29  the 20-day period, notify the filing officer in writing of his

30  or her intention to bring the matter before the commission.

31  


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 1         (d)  The appropriate filing officer shall notify the

 2  Florida Elections Commission of the repeated late filing by a

 3  candidate or political committee, the failure of a candidate

 4  or political committee to file a report after notice, or the

 5  failure to pay the fine imposed. The commission shall

 6  investigate only those alleged late filing violations

 7  specifically identified by the filing officer and as set forth

 8  in the notification. Any other alleged violations must be

 9  separately stated and reported by the division to the

10  commission under s. 106.25(2).

11         Section 18.  Effective January 1, 2005, paragraph (a)

12  of subsection (2) of section 106.07, Florida Statutes, as

13  amended by this act, and paragraph (b) of subsection (2),

14  subsection (3), and paragraph (b) of subsection (8) of said

15  section, are amended to read:

16         106.07  Reports; certification and filing.--

17         (2)(a)  All reports required of a candidate by this

18  section shall be filed with the officer before whom the

19  candidate is required by law to qualify. All candidates who

20  file with the Department of State shall file the original and

21  one copy of their reports pursuant to s. 106.0705. In

22  addition, a copy of each report for candidates for other than

23  statewide office who qualify with the Department of State

24  shall be filed with the supervisor of elections in the county

25  where the candidate resides. Except as provided in s.

26  106.0705, reports shall be filed not later than 5 p.m. of the

27  day designated; however, any report postmarked by the United

28  States Postal Service no later than midnight of the day

29  designated shall be deemed to have been filed in a timely

30  manner. Any report received by the filing officer within 5

31  days after the designated due date that was delivered by the


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 1  United States Postal Service shall be deemed timely filed

 2  unless it has a postmark that indicates that the report was

 3  mailed after the designated due date. A certificate of mailing

 4  obtained from and dated by the United States Postal Service at

 5  the time of mailing, or a receipt from an established courier

 6  company, which bears a date on or before the date on which the

 7  report is due, shall be proof of mailing in a timely manner.

 8  Reports shall contain information of all previously unreported

 9  contributions received and expenditures made as of the

10  preceding Friday, except that the report filed on the Friday

11  immediately preceding the election shall contain information

12  of all previously unreported contributions received and

13  expenditures made as of the day preceding that designated due

14  date. All such reports shall be open to public inspection.

15         (b)1.  Any report which is deemed to be incomplete by

16  the officer with whom the candidate qualifies shall be

17  accepted on a conditional basis, and the campaign treasurer

18  shall be notified by registered mail as to why the report is

19  incomplete and be given 3 days from receipt of such notice to

20  file an addendum to the report providing all information

21  necessary to complete the report in compliance with this

22  section. Failure to file a complete report after such notice

23  constitutes a violation of this chapter.

24         2.  In lieu of the notice by registered mail as

25  required in subparagraph 1., the qualifying officer may notify

26  the campaign treasurer by telephone that the report is

27  incomplete and request the information necessary to complete

28  the report. If, however, such information is not received by

29  the qualifying officer within 3 days after of the telephone

30  request therefor, notice shall be sent by registered mail as

31  provided in subparagraph 1.


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 1         (3)  Reports required of a political committee shall be

 2  filed with the agency or officer before whom such committee

 3  registers pursuant to s. 106.03(3) and shall be subject to the

 4  same filing conditions as established for candidates' reports.

 5  Only committees that file with the Department of State shall

 6  file the original and one copy of their reports. Incomplete

 7  reports by political committees shall be treated in the manner

 8  provided for incomplete reports by candidates in subsection

 9  (2).

10         (8)

11         (b)  Upon determining that a report is late, the filing

12  officer shall immediately notify the candidate or chair of the

13  political committee as to the failure to file a report by the

14  designated due date and that a fine is being assessed for each

15  late day. The fine shall be $50 per day for the first 3 days

16  late and, thereafter, $500 per day for each late day, not to

17  exceed 25 percent of the total receipts or expenditures,

18  whichever is greater, for the period covered by the late

19  report. However, for the reports immediately preceding each

20  primary and general election, the fine shall be $500 per day

21  for each late day, not to exceed 25 percent of the total

22  receipts or expenditures, whichever is greater, for the period

23  covered by the late report. For reports required under s.

24  106.141(7), the fine is $50 per day for each late day, not to

25  exceed 25 percent of the total receipts or expenditures,

26  whichever is greater, for the period covered by the late

27  report. Upon receipt of the report, the filing officer shall

28  determine the amount of the fine which is due and shall notify

29  the candidate or chair. The filing officer shall determine the

30  amount of the fine due based upon the earliest of the

31  following:


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 1         1.  When the report is actually received by such

 2  officer.

 3         2.  When the report is postmarked.

 4         3.  When the certificate of mailing is dated.

 5         4.  When the receipt from an established courier

 6  company is dated.

 7         5.  When the electronic receipt issued pursuant to s.

 8  106.0705 is dated.

 9  

10  Such fine shall be paid to the filing officer within 20 days

11  after receipt of the notice of payment due, unless appeal is

12  made to the Florida Elections Commission pursuant to paragraph

13  (c). In the case of a candidate, such fine shall not be an

14  allowable campaign expenditure and shall be paid only from

15  personal funds of the candidate. An officer or member of a

16  political committee shall not be personally liable for such

17  fine.

18         Section 19.  Effective January 1, 2005, section

19  106.0705, Florida Statutes, is created to read:

20         106.0705  Electronic filing of campaign treasurer's

21  reports.--

22         (1)  As used in this section, "electronic filing

23  system" means an Internet system for recording and reporting

24  campaign finance activity by reporting period.

25         (2)(a)  Each candidate who is required to file reports

26  pursuant to s. 106.07 with the division must file such reports

27  with the division by means of the division's electronic filing

28  system.

29         (b)  Each political committee, committee of continuous

30  existence, or state executive committee that is required to

31  file reports with the division under s. 106.04, s. 106.07, or


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 1  s. 106.29, as applicable, must file such reports with the

 2  division by means of the division's electronic filing system.

 3         (c)  Each person or organization that is required to

 4  file reports with the division under s. 106.071 must file such

 5  reports with the division by means of the division's

 6  electronic filing system.

 7         (3)  Reports filed pursuant to this section shall be

 8  completed and filed through the electronic filing system not

 9  later than midnight of the day designated. Reports not filed

10  by midnight of the day designated are late filed and are

11  subject to the penalties under s. 106.04(8), s. 106.07(8), or

12  s. 106.29(3), as applicable.

13         (4)  Each report filed pursuant to this section is

14  considered to be under oath by the candidate and treasurer or

15  the chair and treasurer, whichever is applicable, and such

16  persons are subject to the provisions of s. 106.04(4)(d), s.

17  106.07(5), or s. 106.29(2), as applicable. Persons given a

18  secure sign-on to the electronic filing system are responsible

19  for protecting such from disclosure and are responsible for

20  all filings using such credentials, unless they have notified

21  the division that their credentials have been compromised.

22         (5)  The electronic filing system developed by the

23  division must:

24         (a)  Be based on access by means of the Internet.

25         (b)  Be accessible by anyone with Internet access using

26  standard web-browsing software.

27         (c)  Provide for direct entry of campaign finance

28  information as well as upload of such information from

29  campaign finance software certified by the division.

30         (d)  Provide a method that prevents unauthorized access

31  to electronic filing system functions.


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 1         (6)  The division shall adopt rules pursuant to ss.

 2  120.536(1) and 120.54 to administer this section and provide

 3  for the reports required to be filed pursuant to this section.

 4  Such rules shall, at a minimum, provide:

 5         (a)  Alternate filing procedures in case the division's

 6  electronic filing system is not operable.

 7         (b)  For the issuance of an electronic receipt to the

 8  person submitting the report indicating and verifying that the

 9  report has been filed.

10         Section 20.  Paragraph (a) of subsection (4) and

11  subsection (6) of section 106.141, Florida Statutes, are

12  amended to read:

13         106.141  Disposition of surplus funds by candidates.--

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

15  candidate required to dispose of funds pursuant to this

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

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

18  thereof:

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

20  have not been spent or obligated.

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

22  obligated to a charitable organization or organizations that

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

24  Revenue Code.

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

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

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

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

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

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

31  obligated:


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

 2  state, to be deposited in either the Election Campaign

 3  Financing Trust Fund or the General Revenue Fund, as

 4  designated by the candidate; or

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

 6  political subdivision, to such political subdivision, to be

 7  deposited in the general fund thereof.

 8         (6)  Prior to disposing of funds pursuant to subsection

 9  (4) or transferring funds into an office account pursuant to

10  subsection (5), any candidate who filed an oath stating that

11  he or she was unable to pay the election assessment or fee for

12  verification of petition signatures without imposing an undue

13  burden on his or her personal resources or on resources

14  otherwise available to him or her, or who filed both such

15  oaths, or who qualified by the alternative method and was not

16  required to pay an election assessment, shall reimburse the

17  state or local governmental entity, whichever is applicable,

18  for such waived assessment or fee or both. Such reimbursement

19  shall be made first for the cost of petition verification and

20  then, if funds are remaining, for the amount of the election

21  assessment. If there are insufficient funds in the account to

22  pay the full amount of either the assessment or the fee or

23  both, the remaining funds shall be disbursed in the above

24  manner until no funds remain. All funds disbursed pursuant to

25  this subsection shall be remitted to the qualifying officer.

26  Any reimbursement for petition verification costs which are

27  reimbursable by the state shall be forwarded by the qualifying

28  officer to the state for deposit in the General Revenue Fund.

29  All reimbursements for the amount of the election assessment

30  shall be forwarded by the qualifying officer to the Department

31  


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 1  of State for deposit in the General Revenue Elections

 2  Commission Trust Fund.

 3         Section 21.  Subsections (2) and (4) of section 106.25,

 4  Florida Statutes, are amended to read:

 5         106.25  Reports of alleged violations to Florida

 6  Elections Commission; disposition of findings.--

 7         (2)  The commission shall investigate all violations of

 8  this chapter and chapter 104, but only after having received

 9  either a sworn complaint or information reported to it under

10  this subsection by the Division of Elections. Any person,

11  other than the division, having information of any violation

12  of this chapter or chapter 104 shall file a sworn complaint

13  with the commission. The commission shall investigate only

14  those alleged violations specifically contained within the

15  sworn complaint. If any complainant fails to allege all

16  violations that arise from the facts or allegations alleged in

17  a complaint, the commission shall be barred from investigating

18  a subsequent complaint from such complainant that is based

19  upon such facts or allegations that were raised or could have

20  been raised in the first complaint. Such sworn complaint shall

21  state whether a complaint of the same violation has been made

22  to any state attorney. Within 5 days after receipt of a sworn

23  complaint, the commission shall transmit a copy of the

24  complaint to the alleged violator. All sworn complaints

25  alleging violations of the Florida Election Code over which

26  the commission has jurisdiction shall be filed with the

27  commission within 2 years after of the alleged violations. The

28  period of limitations is tolled on the day a sworn complaint

29  is filed with the commission.

30         (4)  The commission shall undertake a preliminary

31  investigation to determine if the facts alleged in a sworn


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 1  complaint or a matter initiated by the division constitute

 2  probable cause to believe that a violation has occurred. The

 3  respondent, the complainant, and their respective counsels

 4  shall be permitted to attend the hearing at which the probable

 5  cause determination is made. Notice of the hearing shall be

 6  sent to the respondent and the complainant at least 14 days

 7  prior to the date of the hearing. The respondent and his or

 8  her counsel shall be permitted to make a brief oral statement

 9  in the nature of oral argument to the commission before the

10  probable cause determination. The commission's determination

11  shall be based upon the investigator's report, the complaint,

12  and staff recommendations, as well as any written statements

13  submitted by the respondent and any oral statements made at

14  the hearing. No testimony or other evidence shall be accepted

15  at the hearing. Upon completion of the preliminary

16  investigation, the commission shall, by written report, find

17  probable cause or no probable cause to believe that this

18  chapter or chapter 104 has been violated.

19         (a)  If no probable cause is found, the commission

20  shall dismiss the case and the case shall become a matter of

21  public record, except as otherwise provided in this section,

22  together with a written statement of the findings of the

23  preliminary investigation and a summary of the facts which the

24  commission shall send to the complainant and the alleged

25  violator.

26         (b)  If probable cause is found, the commission shall

27  so notify the complainant and the alleged violator in writing.

28  All documents made or received in the disposition of the

29  complaint shall become public records upon a finding by the

30  commission.

31  


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 1  In a case where probable cause is found, the commission shall

 2  make a preliminary determination to consider the matter or to

 3  refer the matter to the state attorney for the judicial

 4  circuit in which the alleged violation occurred.

 5         Section 22.  Subsection (5) is added to section

 6  106.265, Florida Statutes, to read:

 7         106.265  Civil penalties.--

 8         (5)  In any case in which the commission determines

 9  that a person has filed a complaint against another person

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

11  complained against by filing the complaint with knowledge that

12  the complaint contains one or more false allegations or with

13  reckless disregard for whether the complaint contains false

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

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

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

17  person complained against, including the costs and reasonable

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

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

20  costs and fees voluntarily within 30 days following such

21  finding by the commission, the commission shall forward such

22  information to the Department of Legal Affairs, which shall

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

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

25  commission.

26         Section 23.  Paragraph (a) of subsection (3) of section

27  106.29, Florida Statutes, is amended to read:

28         106.29  Reports by political parties; restrictions on

29  contributions and expenditures; penalties.--

30         (3)(a)  Any state or county executive committee failing

31  to file a report on the designated due date shall be subject


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 1  to a fine as provided in paragraph (b) for each late day. The

 2  fine shall be assessed by the filing officer, and the moneys

 3  collected shall be deposited in the General Revenue Elections

 4  Commission Trust Fund.

 5         Section 24.  Effective January 1, 2005, paragraph (b)

 6  of subsection (3) of section 106.29, Florida Statutes, is

 7  amended to read:

 8         106.29  Reports by political parties; restrictions on

 9  contributions and expenditures; penalties.--

10         (3)

11         (b)  Upon determining that a report is late, the filing

12  officer shall immediately notify the chair of the executive

13  committee as to the failure to file a report by the designated

14  due date and that a fine is being assessed for each late day.

15  The fine shall be $1,000 for a state executive committee, and

16  $50 for a county executive committee, per day for each late

17  day, not to exceed 25 percent of the total receipts or

18  expenditures, whichever is greater, for the period covered by

19  the late report. However, if an executive committee fails to

20  file a report on the Friday immediately preceding the general

21  election, the fine shall be $10,000 per day for each day a

22  state executive committee is late and $500 per day for each

23  day a county executive committee is late. Upon receipt of the

24  report, the filing officer shall determine the amount of the

25  fine which is due and shall notify the chair. The filing

26  officer shall determine the amount of the fine due based upon

27  the earliest of the following:

28         1.  When the report is actually received by such

29  officer.

30         2.  When the report is postmarked.

31         3.  When the certificate of mailing is dated.


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 1         4.  When the receipt from an established courier

 2  company is dated.

 3         5.  When the electronic receipt issued pursuant to s.

 4  106.0705 is dated.

 5  

 6  Such fine shall be paid to the filing officer within 20 days

 7  after receipt of the notice of payment due, unless appeal is

 8  made to the Florida Elections Commission pursuant to paragraph

 9  (c). An officer or member of an executive committee shall not

10  be personally liable for such fine.

11         Section 25.  If any provision of this act or its

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

13  invalidity does not affect other provisions or applications of

14  the act which can be given effect without the invalid

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

16  this act are severable.

17         Section 26.  Except as otherwise provided herein, this

18  act shall take effect July 1, 2004.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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