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Senate Bill 2808

Senate Bill sb2808

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2808

    By Senator Deutch





    30-1054-07                                          See HB 393

  1                      A bill to be entitled

  2         An act relating to campaign financing; amending

  3         s. 106.011, F.S.; revising definitions;

  4         amending s. 106.06, F.S.; requiring

  5         electioneering communications organizations to

  6         keep certain financial records; providing for

  7         inspection and preservation of such financial

  8         records; amending s. 106.07, F.S.; removing an

  9         exception to a reporting requirement to list

10         the occupation of certain contributors;

11         specifying additional reporting requirements

12         for electioneering communications organizations

13         and political committees; amending s. 106.071,

14         F.S.; prohibiting certain political party

15         committees from making expenditures for

16         electioneering communications; amending s.

17         106.08, F.S.; providing prohibitions relating

18         to contributions to electioneering

19         communications organizations to which penalties

20         apply; amending s. 106.087, F.S.; deleting

21         restrictions and fines on political committees

22         and committees of continuous existence relating

23         to independent expenditures; amending s.

24         106.12, F.S.; correcting a cross-reference;

25         amending s. 106.143, F.S.; providing additional

26         requirements relating to certain radio and

27         television political advertisements; amending

28         s. 106.1439, F.S.; revising the disclaimer

29         required in electioneering communications;

30         amending s. 106.147, F.S.; revising the

31         disclosure statement requirements for certain

                                  1

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1         telephone solicitations; amending s. 106.15,

 2         F.S.; prohibiting candidates from knowingly

 3         using the services of certain public employees

 4         under specified circumstances; amending s.

 5         106.19, F.S.; revising a ground for punishment

 6         of candidates, persons connected with

 7         campaigns, and committees relating to

 8         contribution acceptance in excess of proscribed

 9         limits; amending s. 106.295, F.S.; providing

10         for the disposal of all leadership funds

11         existing on a certain date; amending s. 106.33,

12         F.S.; correcting a cross-reference; amending s.

13         106.34, F.S.; deleting an obsolete reference;

14         amending s. 106.35, F.S.; revising a provision

15         relating to qualifying matching contributions

16         under the Florida Election Campaign Financing

17         Act; requiring candidates who receive funds

18         under the act, or their political parties, to

19         return such funds under specified

20         circumstances; repealing s. 106.191, F.S.,

21         relating to signatures gathered for initiative

22         petitions; providing an effective date.

23  

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

25  

26         Section 1.  Subsections (6) through (19) of section

27  106.011, Florida Statutes, are renumbered as subsections (7)

28  through (20), respectively, and paragraph (b) of subsection

29  (1), paragraph (a) of subsection (4), and subsections (5),

30  (13), (17), and (18) are amended to read:

31  

                                  2

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 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)

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

 6  entities are not considered political committees for purposes

 7  of this chapter:

 8         1.  Organizations which are certified by the Department

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

10  106.04, national political parties, and the state and county

11  executive committees of political parties regulated by chapter

12  103.

13         2.  Corporations regulated by chapter 607 or chapter

14  617 or other business entities formed for purposes other than

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

16  activities are limited to contributions to candidates,

17  political parties, or political committees or expenditures in

18  support of or opposition to an issue from corporate or

19  business funds and if no contributions are received by such

20  corporations or business entities.

21         3.  Electioneering communications organizations as

22  defined in subsection (20) (19); however, such organizations

23  shall be required to register with and report expenditures and

24  contributions, including contributions received from

25  committees of continuous existence, to the Division of

26  Elections in the same manner, at the same time, and subject to

27  the same penalties as a political committee supporting or

28  opposing an issue or a legislative candidate, except as

29  otherwise specifically provided in this chapter.

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

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

                                  3

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  treasurer or deputy campaign treasurer between a primary

 2  depository and a separate interest-bearing account or

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

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

 5  or making an electioneering communication. However,

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

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

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

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

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

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

12  communicating printing or distributing such organization's

13  newsletter, containing a statement by such organization in

14  support of or opposition to a candidate or issue, which

15  newsletter is distributed only to members of such

16  organization.

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

18  by a person for the purpose of expressly advocating the

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

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

21  coordinated with, or made upon consultation with, any

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

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

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

25  of such candidate or committee in a given election period

26  shall not be deemed an independent expenditure.

27         (6)(b)  "Coordinated expenditure" means an expenditure

28  for the purpose of expressly advocating the election or defeat

29  of a candidate, or for an electioneering communication, which

30  is made by the national, state, or county executive committee

31  of a political party, including any subordinate committee of a

                                  4

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




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

 2  by any political committee, or committee of continuous

 3  existence, or electioneering communications organization, or

 4  any other person, shall not be considered an independent

 5  expenditure if the committee, organization, or person:

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

 7  campaign, the national, state, or county executive committee

 8  of a political party, including any subordinate committee of a

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

10  under which the candidate is a registered elector thereof, or

11  an agent of the candidate acting on behalf of the candidate,

12  including any pollster, media consultant, advertising agency,

13  vendor, advisor, or staff member, concerning the preparation

14  of, use of, or payment for, the specific expenditure or

15  advertising campaign at issue; or

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

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

18  any general or particular understanding with the candidate,

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

20  candidate, the national, state, or county executive committee

21  of a political party, including any subordinate committee of a

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

23  under which the candidate is a registered elector thereof, or

24  an agent of the candidate relating to the specific expenditure

25  or advertising campaign at issue; or

26         3.  Makes a payment for the dissemination,

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

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

29  material prepared by the candidate;, the candidate's

30  campaign;, the national, state, or county executive committee

31  of a political party, including any subordinate committee of a

                                  5

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




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

 2  under which the candidate is a registered elector thereof; or

 3  an agent of the candidate, including any pollster, media

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

 5  member; or

 6         4.  Makes a payment based on information about the

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

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

 9  candidate, provided the committee or person uses the

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

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

12  expenditure or advertising campaign at issue; or

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

14  legislative office, Consults about the candidate's plans,

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

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

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

18  or advertising campaign, with:

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

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

21  party that has made or intends to make expenditures in

22  connection with or contributions to the candidate; or

23         b.  Any person whose professional services have been

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

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

26  expenditures in connection with or contributions to the

27  candidate; or

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

29  legislative office, Retains the professional services of any

30  person also providing those services to the candidate in

31  

                                  6

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




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

 2  or

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

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

 5         (14)(13)  "Communications media" means broadcasting

 6  stations, newspapers, magazines, outdoor advertising

 7  facilities, printers, direct mail, advertising agencies, the

 8  Internet, and telephone companies; but with respect to

 9  telephones, an expenditure shall be deemed to be an

10  expenditure for the use of communications media only if made

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

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

13  committee to communicate with potential voters but excluding

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

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

16  Internet, an expenditure shall be deemed an expenditure for

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

18  creating or disseminating a message on a computer information

19  system accessible by more than one person but excluding

20  internal communications of a campaign or of any group.

21         (18)(17)  "Political advertisement" means a paid

22  expression in any communications media prescribed in

23  subsection (14) (13), whether radio, television, newspaper,

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

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

26  conversation, which expressly advocates the election or defeat

27  of a candidate or the approval or rejection of an issue.

28  However, political advertisement does not include:

29         (a)  A statement or depiction by an organization, in

30  existence prior to the time during which a candidate qualifies

31  or an issue is placed on the ballot for that election, in

                                  7

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  support of or opposition to a candidate or issue, made in that

 2  organization's newsletter, which newsletter is distributed

 3  only to the members of that organization.

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

 5  television station, or other recognized news medium.

 6         (19)(18)(a)  "Electioneering communication" means a

 7  paid expression in any communications media prescribed in

 8  subsection (14) (13)  by means other than the spoken word in

 9  direct conversation that:

10         1.  Refers to or depicts a clearly identified candidate

11  for office or contains a clear reference indicating that an

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

13  advocating the election or defeat of a candidate or the

14  passage or defeat of an issue.

15         2.  For communications referring to or depicting a

16  clearly identified candidate for office, is targeted to the

17  relevant electorate. A communication is considered targeted if

18  1,000 or more persons in the geographic area the candidate

19  would represent if elected will receive the communication.

20         3.  For communications containing a clear reference

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

22  published after the issue is designated a ballot position or

23  120 days before the date of the election on the issue,

24  whichever occurs first.

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

26  include:

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

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

29  depicted qualifies or an issue identified is placed on the

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

31  

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  newsletter, which newsletter is distributed only to members of

 2  that organization.

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

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

 5  other recognized news medium.

 6         3.  A communication that constitutes a public debate or

 7  forum that includes at least two opposing candidates for an

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

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

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

11  that:

12         a.  The staging organization is either:

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

14  electioneering communications and does not otherwise support

15  or oppose any political candidate or political party; or

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

17  or other recognized news medium; and

18         b.  The staging organization does not structure the

19  debate to promote or advance one candidate or issue position

20  over another.

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

22  for, or in furtherance of, an electioneering communication

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

24  candidate.

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

26  communication shall not constitute an independent expenditure

27  nor be subject to the limitations applicable to independent

28  expenditures.

29         Section 2.  Section 106.06, Florida Statutes, is

30  amended to read:

31         106.06  Treasurer to keep records; inspections.--

                                  9

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1         (1)  The campaign treasurer of each candidate and the

 2  campaign treasurer of each political committee and each

 3  electioneering communications organization shall keep detailed

 4  accounts, current within not more than 2 days after the date

 5  of receiving a contribution or making an expenditure, of all

 6  contributions received and all expenditures made by or on

 7  behalf of the candidate, or political committee, or

 8  organization that are required to be set forth in a statement

 9  filed under this chapter. The campaign treasurer or

10  organization shall also keep detailed accounts of all deposits

11  made in any separate interest-bearing account or certificate

12  of deposit and of all withdrawals made therefrom to the

13  primary depository and of all interest earned thereon.

14         (2)  Accounts, including separate interest-bearing

15  accounts and certificates of deposit, kept by the campaign

16  treasurer of a candidate or political committee or by an

17  electioneering communications organization may be inspected

18  under reasonable circumstances before, during, or after the

19  election to which the accounts refer by any authorized

20  representative of the Division of Elections or the Florida

21  Elections Commission. The right of inspection may be enforced

22  by appropriate writ issued by any court of competent

23  jurisdiction. The campaign treasurer of a political committee

24  supporting a candidate may be joined with the campaign

25  treasurer of the candidate as respondent in such a proceeding.

26         (3)  Accounts kept by a campaign treasurer of a

27  candidate shall be preserved by the campaign treasurer for a

28  number of years equal to the term of office of the office to

29  which the candidate seeks election. Accounts kept by a

30  campaign treasurer of a political committee or by an

31  electioneering communications organization shall be preserved

                                  10

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  by such treasurer for at least 2 years after the date of the

 2  election to which the accounts refer.

 3         Section 3.  Subsection (4) of section 106.07, Florida

 4  Statutes, is amended to read:

 5         106.07  Reports; certification and filing.--

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

 7  contain:

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

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

10  such committee or candidate within the reporting period,

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

12  corporations, the report must provide as clear a description

13  as practicable of the principal type of business conducted by

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

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

16  the relationship is reported, the occupation of the

17  contributor or the principal type of business need not be

18  listed.

19         2.  The name and address of each political committee

20  from which the reporting committee or the candidate received,

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

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

23  transfers.

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

25  person or political committee within the reporting period,

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

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

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

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

30  or other receipt not otherwise listed under subparagraphs 1.

31  through 3.

                                  11

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




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

 2  and other receipts by or for such committee or candidate

 3  during the reporting period. The reporting forms shall be

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

 5  loans, and other receipts.

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

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

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

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

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

11  expenditure was made. However, expenditures made from the

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

13  individually.

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

15  expenditure for personal services, salary, or reimbursement

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

17  made and which is not otherwise reported, including the

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

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

20  106.12 need not be reported individually.

21         8.  The total amount withdrawn and the total amount

22  spent for petty cash purposes pursuant to this chapter during

23  the reporting period.

24         9.  The total sum of expenditures made by such

25  committee or candidate during the reporting period.

26         10.  The amount and nature of debts and obligations

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

28  conduct of any political campaign.

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

30  be included in the next report following receipt thereof by

31  the candidate or political committee. Receipts for each credit

                                  12

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  card purchase shall be retained by the treasurer with the

 2  records for the campaign account.

 3         12.  The amount and nature of any separate

 4  interest-bearing accounts or certificates of deposit and

 5  identification of the financial institution in which such

 6  accounts or certificates of deposit are located.

 7         13.  The primary purposes of an expenditure made

 8  indirectly through a campaign treasurer pursuant to s.

 9  106.021(3) for goods and services such as communications media

10  placement or procurement services, campaign signs, insurance,

11  and other expenditures that include multiple components as

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

13  shall be that purpose, including integral and directly related

14  components, that comprises 80 percent of such expenditure.

15         (b)  In addition to the requirements of paragraph (a):

16         1.  Each political committee or electioneering

17  communications organization report shall also include the name

18  of the candidate on whose behalf the expenditure was made, if

19  any expenditure was made to or for any communications media

20  that depicted a candidate or a candidate's opponent in either

21  a primary or general election. If the communication depicted

22  more than one candidate, the expenditure shall be divided

23  evenly among the depicted candidates.

24         2.  Each electioneering communications organization

25  report shall also include a certification of whether the

26  expenditure was coordinated as defined by s. 106.011(6), if an

27  electioneering communications organization made any

28  expenditure.

29         (c)(b)  The filing officer shall make available to any

30  candidate or committee a reporting form which the candidate or

31  committee may use to indicate contributions received by the

                                  13

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  candidate or committee but returned to the contributor before

 2  deposit.

 3         Section 4.  Section 106.071, Florida Statutes, is

 4  amended to read:

 5         106.071  Independent expenditures; expenditures;

 6  electioneering communications; reports; disclaimers.--

 7         (1)  Each person who makes an independent expenditure

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

 9  who makes an expenditure for an electioneering communication

10  which is not otherwise reported pursuant to this chapter,

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

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

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

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

15  supporting or opposing such candidate or issue. The report

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

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

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

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

20  description of the services or goods obtained by each such

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

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

23  on whose behalf such expenditure was made.

24         (2)  Any political advertisement paid for by an

25  independent expenditure shall prominently state "Paid

26  political advertisement paid for by ...(Name and address of

27  person paying for advertisement)... independently of any

28  ...(candidate or committee)...."

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

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

31  oppose, a candidate or issue.

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1         (4)  Any person who fails to include the disclaimer

 2  prescribed in subsection (2) in any political advertisement

 3  that is required to contain such disclaimer commits a

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

 5  775.082 or s. 775.083.

 6         (5)  A national, state, or county executive committee

 7  of a political party, including any subordinate committee of a

 8  national, state, or county committee of a political party, may

 9  not make expenditures for an electioneering communication.

10         Section 5.  Paragraph (c) of subsection (1) of section

11  106.08, Florida Statutes, is amended, paragraph (d) is added

12  to that subsection, and paragraph (e) is added to subsection

13  (5) of that section, to read:

14         106.08  Contributions; limitations on.--

15         (1)

16         (c)  The contribution limits of this subsection apply

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

18  election and general election are separate elections so long

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

20  s. 106.011(16)(15). However, for the purpose of contribution

21  limits with respect to candidates for retention as a justice

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

23  election.

24         (d)  No person, political committee, or committee of

25  continuous existence may, in any election, make contributions

26  in excess of $5,000 to an electioneering communications

27  organization that makes any coordinated expenditure as defined

28  by s. 106.011(6). For purposes of this subsection, the primary

29  election and general election are not separate elections.

30         (5)

31  

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1         (e)  An electioneering communications organization may

 2  not accept a contribution from any other electioneering

 3  communications organization.

 4         Section 6.  Section 106.087, Florida Statutes, is

 5  amended to read:

 6         106.087  Independent expenditures; contribution limits;

 7  restrictions on political parties and, political committees,

 8  and committees of continuous existence.--

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

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

11  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

12  treasurer of a state or county executive committee shall take

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

14  qualifying period for state candidates and prior to

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

16  affirmation shall be filed with the Secretary of State and

17  shall be substantially in the following form:

18  

19  State of Florida

20  County of....

21         Before me, an officer authorized to administer oaths,

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

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

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

25  executive committee; that the executive committee has not

26  made, either directly or indirectly, an independent

27  expenditure in support of or opposition to a candidate or

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

29  executive committee will not make, either directly or

30  indirectly, an independent expenditure in support of or

31  opposition to a candidate or elected public official, through

                                  16

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  and including the upcoming general election; and that the

 2  executive committee will not violate the contribution limits

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

 4                          ...(Signature of committee officer)...

 5                                                 ...(Address)...

 6  

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

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

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

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

11  the provisions of the oath or affirmation in this section

12  prior to receiving funds shall be ineligible to receive the

13  rebate for that general election year.

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

15  the provisions of the oath or affirmation in this section

16  after receiving funds shall be ineligible to receive the

17  rebate from candidates qualifying for the following general

18  election cycle.

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

20  county executive committee pursuant to this section shall be

21  deposited into the General Revenue Fund of the state.

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

23  continuous existence that accepts the use of public funds,

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

25  its members agrees not to make independent expenditures in

26  support of or opposition to a candidate or elected public

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

28  purpose of jointly endorsing three or more candidates.

29         (b)  Any political committee or committee of continuous

30  existence that violates this subsection is liable for a civil

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

                                  17

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  Commission or the entire amount of the expenditures, whichever

 2  is greater.

 3         Section 7.  Subsection (3) of section 106.12, Florida

 4  Statutes, is amended to read:

 5         106.12  Petty cash funds allowed.--

 6         (3)  The petty cash fund so provided shall be spent

 7  only in amounts less than $100 and only for office supplies,

 8  transportation expenses, and other necessities. Petty cash

 9  shall not be used for the purchase of time, space, or services

10  from communications media as defined in s. 106.011(14)(13).

11         Section 8.  Subsection (4) of section 106.143, Florida

12  Statutes, is amended to read:

13         106.143  Political advertisements circulated prior to

14  election; requirements.--

15         (4)(a)  Any political advertisement, including those

16  paid for by a political party, other than an independent

17  expenditure, offered by or on behalf of a candidate must be

18  approved in advance by the candidate. Such political

19  advertisement must expressly state that the content of the

20  advertisement was approved by the candidate and must state who

21  paid for the advertisement. The candidate shall provide a

22  written statement of authorization to the newspaper, radio

23  station, television station, or other medium for each such

24  advertisement submitted for publication, display, broadcast,

25  or other distribution.

26         (b)  Any person who makes an independent expenditure

27  for a political advertisement shall provide a written

28  statement that no candidate has approved the advertisement to

29  the newspaper, radio station, television station, or other

30  medium for each such advertisement submitted for publication,

31  display, broadcast, or other distribution. The advertisement

                                  18

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  must also contain a statement that no candidate has approved

 2  the advertisement.

 3         (c)  Any radio political advertisement paid for by a

 4  political party and approved by the candidate, including any

 5  such advertisement that references or depicts the candidate's

 6  opponent, must contain a disclaimer recorded by the candidate

 7  that approved the content of the advertisement, which states:

 8  "This is (name of candidate), (party affiliation), for (office

 9  sought), and I approve this message paid for by (political

10  party or committee paying for advertisement)".

11         (d)  Any television political advertisement paid for by

12  a political party and approved by the candidate, including any

13  such advertisement that references or depicts the candidate's

14  opponent, must contain the same recorded disclaimer as

15  required by paragraph (c) except that the candidate must

16  appear on the screen while the disclaimer is read.

17         (e)(c)  This subsection does not apply to campaign

18  messages used by a candidate and his or her supporters if

19  those messages are designed to be worn by a person.

20         Section 9.  Section 106.1439, Florida Statutes, is

21  amended to read:

22         106.1439  Electioneering communications; disclaimers.--

23         (1)  Any electioneering communication shall prominently

24  state: "Paid electioneering communication paid for by    (Name

25  and address of person paying for the communication) , an

26  organization funded by [the top three contributors as

27  described in s. 106.1439(2)]."

28         (2)  Any electioneering communication shall prominently

29  state in the disclaimer the names of the top three

30  contributors to the electioneering communications organization

31  

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  during the 12 months preceding the date on which the

 2  electioneering communication is printed or disseminated.

 3         (3)(2)  Any person who fails to include the disclaimer

 4  prescribed in this section in any electioneering communication

 5  that is required to contain such disclaimer commits a

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

 7  775.082 or s. 775.083.

 8         Section 10.  Paragraph (a) of subsection (1) of section

 9  106.147, Florida Statutes, is amended to read:

10         106.147  Telephone solicitation; disclosure

11  requirements; prohibitions; exemptions; penalties.--

12         (1)(a)  Any telephone call supporting or opposing a

13  candidate, elected public official, or ballot proposal must

14  identify the persons or organizations sponsoring the call by

15  stating at the beginning of the call either: "The following is

16  a paid telephone call paid for by_____" (insert name of

17  persons or organizations sponsoring the call) or "paid for on

18  behalf of_____" (insert name of persons or organizations

19  authorizing call). This paragraph does not apply to any

20  telephone call in which both the individual making the call is

21  not being paid and the individuals participating in the call

22  know each other prior to the call.

23         Section 11.  Subsection (3) of section 106.15, Florida

24  Statutes, is amended to read:

25         106.15  Certain acts prohibited.--

26         (3)  A candidate may not, in the furtherance of his or

27  her candidacy for nomination or election to public office in

28  any election, knowingly use the services of any state, county,

29  municipal, or district officer or employee during working

30  hours.

31  

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1         Section 12.  Paragraph (a) of subsection (1) of section

 2  106.19, Florida Statutes, is amended to read:

 3         106.19  Violations by candidates, persons connected

 4  with campaigns, and political committees.--

 5         (1)  Any candidate; campaign manager, campaign

 6  treasurer, or deputy treasurer of any candidate; committee

 7  chair, vice chair, campaign treasurer, deputy treasurer, or

 8  other officer of any political committee; agent or person

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

10  other person who knowingly and willfully:

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

12  prescribed by s. 106.08 and does not return the amount by

13  which the contribution exceeds the limits set forth in s.

14  106.08 within 48 hours;

15  

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

17  provided in s. 775.082 or s. 775.083.

18         Section 13.  Subsection (3) of section 106.295, Florida

19  Statutes, is amended to read:

20         106.295  Leadership fund.--

21         (3)  This section applies to all leadership funds in

22  existence on or after July 1, 2006. Any leadership fund in

23  existence on July 1, 2006, shall dispose of all funds by

24  relinquishing control over how the funds are designated by the

25  political party or after January 1, 1990.

26         Section 14.  Section 106.33, Florida Statutes, is

27  amended to read:

28         106.33  Election campaign financing; eligibility.--Each

29  candidate for the office of Governor or member of the Cabinet

30  who desires to receive contributions from the Election

31  Campaign Financing Trust Fund shall, upon qualifying for

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  office, file a request for such contributions with the filing

 2  officer on forms provided by the Division of Elections. If a

 3  candidate requesting contributions from the fund desires to

 4  have such funds distributed by electronic fund transfers, the

 5  request shall include information necessary to implement that

 6  procedure. For the purposes of ss. 106.30-106.36, candidates

 7  for Governor and Lieutenant Governor on the same ticket shall

 8  be considered as a single candidate. To be eligible to receive

 9  contributions from the fund, a candidate may not be an

10  unopposed candidate as defined in s. 106.011(16)(15) and must:

11         (1)  Agree to abide by the expenditure limits provided

12  in s. 106.34.

13         (2)(a)  Raise contributions as follows:

14         1.  One hundred fifty thousand dollars for a candidate

15  for Governor.

16         2.  One hundred thousand dollars for a candidate for

17  Cabinet office.

18         (b)  Contributions from individuals who at the time of

19  contributing are not state residents may not be used to meet

20  the threshold amounts in paragraph (a). For purposes of this

21  paragraph, any person validly registered to vote in this state

22  shall be considered a state resident.

23         (3)  Limit loans or contributions from the candidate's

24  personal funds to $25,000 and contributions from national,

25  state, and county executive committees of a political party to

26  $250,000 in the aggregate, which loans or contributions shall

27  not qualify for meeting the threshold amounts in subsection

28  (2).

29         (4)  Submit to a postelection audit of the campaign

30  account by the division.

31  

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1         Section 15.  Subsection (3) of section 106.34, Florida

 2  Statutes, is amended to read:

 3         106.34  Expenditure limits.--

 4         (3)  For purposes of this section, "Florida-registered

 5  voter" means a voter who is registered to vote in Florida as

 6  of June 30 of each odd-numbered year. The Division of

 7  Elections shall certify the total number of Florida-registered

 8  voters no later than July 31 of each odd-numbered year. Such

 9  total number shall be calculated by adding the number of

10  registered voters in each county as of June 30 in the year of

11  the certification date. For the 2006 general election, the

12  Division of Elections shall certify the total number of

13  Florida-registered voters by July 31, 2005.

14         Section 16.  Paragraph (b) of subsection (2) of section

15  106.35, Florida Statutes, is amended, and subsection (6) is

16  added to that section, to read:

17         106.35  Distribution of funds.--

18         (2)

19         (b)  Qualifying matching contributions are those of

20  $250 or less from an individual, made after September 1 of the

21  calendar year prior to the election. Any contribution received

22  from an individual who is not a state resident at the time the

23  contribution is made shall not be considered a qualifying

24  matching contribution. For purposes of this paragraph, any

25  person validly registered to vote in this state shall be

26  considered a state resident. Aggregate contributions from an

27  individual in excess of $250 will be matched only up to $250.

28  A contribution from an individual, if made by check, must be

29  drawn on the personal bank account of the individual making

30  the contribution, as opposed to any form of business account,

31  regardless of whether the business account is for a

                                  23

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    Florida Senate - 2007                                  SB 2808
    30-1054-07                                          See HB 393




 1  corporation, partnership, sole proprietorship, trust, or other

 2  form of business arrangement. For contributions made by check

 3  from a personal joint account, the match shall only be for the

 4  individual who actually signs the check.

 5         (6)  Any candidate who receives funds under the Florida

 6  Election Campaign Financing Act shall return such funds to the

 7  General Revenue Fund as follows:

 8         (a)  During a primary election, a candidate who expends

 9  funds on any political advertisement that depicts, shows, or

10  references the candidate's opponent in the primary or general

11  election shall return to the General Revenue Fund an amount

12  equal to the amount of such expenditure. In no case shall the

13  candidate be required to return to the General Revenue Fund

14  more than the candidate received under the act.

15         (b)  During a general election, a candidate, or the

16  political party of which the candidate is the nominee, who

17  expends funds on any political advertisement that depicts,

18  shows, or references the candidate's opponent in the general

19  election shall return to the General Revenue Fund an amount

20  equal to the amount of such expenditure. If the expenditure is

21  more than the candidate received under the act, then the

22  political party of which the candidate is the nominee shall

23  return such funds.

24         Section 17.  Section 106.191, Florida Statutes, is

25  repealed.

26         Section 18.  This act shall take effect July 1, 2007.

27  

28  

29  

30  

31  

                                  24

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