March 30, 2020
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Amendment CaShTmL-652510.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 3004
    Amendment No. ___   Barcode 652510
                            CHAMBER ACTION
              Senate                               House
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11  Senator Cowin moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 67, line 1 through page 77, line 26, delete
15  
16  and insert:  
17         Section 46.  (1)  Subsection (3) of section 106.021,
18  Florida Statutes, is amended to read:
19         106.021  Campaign treasurers; deputies; primary and
20  secondary depositories.--
21         (3)  Except for independent expenditures, No
22  contribution or expenditure, including contributions or
23  expenditures of a candidate or of the candidate's family,
24  shall be directly or indirectly made or received in
25  furtherance of the candidacy of any person for nomination or
26  election to political office in the state or on behalf of any
27  political committee except through the duly appointed campaign
28  treasurer of the candidate or political committee, subject to
29  the following exceptions:; however,
30         (a)  Independent expenditures;
31         (b)  Reimbursements to a candidate or any other
                                  1
    4:25 PM   04/27/04                               s3004.ee20.01

SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 individual may be reimbursed for expenses incurred in 2 connection with the campaign or activities of the political 3 committee for travel, food and beverage, office supplies, and 4 mementos expressing gratitude to campaign supporters by a 5 check drawn upon the campaign account and reported pursuant to 6 s. 106.07(4). After July 1, 2004, the full name and address of 7 each person to whom the candidate or other individual made 8 payment for which reimbursement was made by check drawn upon 9 the campaign account shall be reported pursuant to s. 10 106.07(4), together with the purpose of such payment; 11 (c) Expenditures made indirectly through a treasurer 12 for goods or services, such as communications media placement 13 or procurement services, campaign signs, insurance, or other 14 expenditures that include multiple integral components as part 15 of the expenditure and reported pursuant to s. 16 106.07(4)(a)13.; or 17 (d) In addition, Expenditures may be made directly by 18 any political committee or political party regulated by 19 chapter 103 for obtaining time, space, or services in or by 20 any communications medium for the purpose of jointly endorsing 21 three or more candidates, and any such expenditure shall not 22 be considered a contribution or expenditure to or on behalf of 23 any such candidates for the purposes of this chapter. 24 (2) The amendment to s. 106.021(3)(b), Florida 25 Statutes, made by this section shall operate retroactively to 26 January 1, 2002. 27 Section 47. Section 106.023, Florida Statutes, is 28 amended to read: 29 106.023 Statement of candidate.-- 30 (1) Each candidate must file a statement with the 31 qualifying officer within 10 days after filing the appointment 2 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 of campaign treasurer and designation of campaign depository, 2 stating that the candidate has read and understands the 3 requirements of this chapter. Such statement shall be provided 4 by the filing officer and shall be in substantially the 5 following form: 6 7 STATEMENT OF CANDIDATE 8 9 I, ...., candidate for the office of ...., have 10 received, read, and understand the requirements of Chapter 11 106, Florida Statutes. 12 13 ...(Signature of candidate)... ...(Date)... 14 15 Willful failure to file this form is a violation of ss. 16 106.19(1)(c) and 106.25(3), F.S. 17 (2) The execution and filing of the statement of 18 candidate does not in and of itself create a presumption that 19 any violation of this chapter or chapter 104 is a willful 20 violation as defined in s. 106.37. 21 Section 48. Paragraph (a) of subsection (8) of section 22 106.04, Florida Statutes, are amended to read: 23 106.04 Committees of continuous existence.-- 24 (8)(a) Any committee of continuous existence failing 25 to file a report on the designated due date shall be subject 26 to a fine. The fine shall be $50 per day for the first 3 days 27 late, and thereafter, $500 per day for each late day, not to 28 exceed 25 percent of the total receipts or expenditures, 29 whichever is greater, for the period covered by the late 30 report. The fine shall be assessed by the filing officer, and 31 the moneys collected shall be deposited in the General Revenue 3 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 Elections Commission Trust Fund. No separate fine shall be 2 assessed for failure to file a copy of any report required by 3 this section. 4 Section 49. Paragraph (a) of subsection (2), paragraph 5 (a) of subsection (4), and paragraphs (a), (c), and (d) of 6 subsection (8) of section 106.07, Florida Statutes, are 7 amended to read: 8 106.07 Reports; certification and filing.-- 9 (2)(a) All reports required of a candidate by this 10 section shall be filed with the officer before whom the 11 candidate is required by law to qualify. All candidates who 12 file with the Department of State shall file the original and 13 one copy of their reports. In addition, a copy of each report 14 for candidates for other than statewide office who qualify 15 with the Department of State shall be filed with the 16 supervisor of elections in the county where the candidate 17 resides. Reports shall be filed not later than 5 p.m. of the 18 day designated; however, any report postmarked by the United 19 States Postal Service no later than midnight of the day 20 designated shall be deemed to have been filed in a timely 21 manner. Any report received by the filing officer within 5 22 days after the designated due date that was delivered by the 23 United States Postal Service shall be deemed timely filed 24 unless it has a postmark that indicates that the report was 25 mailed after the designated due date. A certificate of mailing 26 obtained from and dated by the United States Postal Service at 27 the time of mailing, or a receipt from an established courier 28 company, which bears a date on or before the date on which the 29 report is due, shall be proof of mailing in a timely manner. 30 Reports shall contain information of all previously unreported 31 contributions received and expenditures made as of the 4 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 preceding Friday, except that the report filed on the Friday 2 immediately preceding the election shall contain information 3 of all previously unreported contributions received and 4 expenditures made as of the day preceding that designated due 5 date. All such reports shall be open to public inspection. 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. 5 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 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 6 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 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 (8)(a) Any candidate or political committee failing to 16 file a report on the designated due date shall be subject to a 17 fine as provided in paragraph (b) for each late day, and, in 18 the case of a candidate, such fine shall be paid only from 19 personal funds of the candidate. The fine shall be assessed by 20 the filing officer and the moneys collected shall be 21 deposited: 22 1. In the General Revenue Elections Commission Trust 23 Fund, in the case of a candidate for state office or a 24 political committee that registers with the Division of 25 Elections; or 26 2. In the general revenue fund of the political 27 subdivision, in the case of a candidate for an office of a 28 political subdivision or a political committee that registers 29 with an officer of a political subdivision. 30 31 No separate fine shall be assessed for failure to file a copy 7 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 of any report required by this section. 2 (c) Any candidate or chair of a political committee 3 may appeal or dispute the fine, based upon, but not limited 4 to, unusual circumstances surrounding the failure to file on 5 the designated due date, and may request and shall be entitled 6 to a hearing before the Florida Elections Commission, which 7 shall have the authority to waive the fine in whole or in 8 part. The Florida Elections Commission must consider the 9 mitigating and aggravating circumstances contained in s. 10 106.265(1) when determining the amount of a fine, if any, to 11 be waived. Any such request shall be made within 20 days after 12 receipt of the notice of payment due. In such case, the 13 candidate or chair of the political committee shall, within 14 the 20-day period, notify the filing officer in writing of his 15 or her intention to bring the matter before the commission. 16 (d) The appropriate filing officer shall notify the 17 Florida Elections Commission of the repeated late filing by a 18 candidate or political committee, the failure of a candidate 19 or political committee to file a report after notice, or the 20 failure to pay the fine imposed. The commission shall 21 investigate only those alleged late filing violations 22 specifically identified by the filing officer and as set forth 23 in the notification. Any other alleged violations must be 24 separately stated and reported by the division to the 25 commission under s. 106.25(2). 26 Section 50. Subsection (6) of section 106.141, Florida 27 Statutes, is amended to read: 28 106.141 Disposition of surplus funds by candidates.-- 29 (6) Prior to disposing of funds pursuant to subsection 30 (4) or transferring funds into an office account pursuant to 31 subsection (5), any candidate who filed an oath stating that 8 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 he or she was unable to pay the election assessment or fee for 2 verification of petition signatures without imposing an undue 3 burden on his or her personal resources or on resources 4 otherwise available to him or her, or who filed both such 5 oaths, or who qualified by the alternative method and was not 6 required to pay an election assessment, shall reimburse the 7 state or local governmental entity, whichever is applicable, 8 for such waived assessment or fee or both. Such reimbursement 9 shall be made first for the cost of petition verification and 10 then, if funds are remaining, for the amount of the election 11 assessment. If there are insufficient funds in the account to 12 pay the full amount of either the assessment or the fee or 13 both, the remaining funds shall be disbursed in the above 14 manner until no funds remain. All funds disbursed pursuant to 15 this subsection shall be remitted to the qualifying officer. 16 Any reimbursement for petition verification costs which are 17 reimbursable by the state shall be forwarded by the qualifying 18 officer to the state for deposit in the General Revenue Fund. 19 All reimbursements for the amount of the election assessment 20 shall be forwarded by the qualifying officer to the Department 21 of State for deposit in the General Revenue Elections 22 Commission Trust Fund. 23 Section 51. Subsections (2) and (4) of section 106.25, 24 Florida Statutes, are amended to read: 25 106.25 Reports of alleged violations to Florida 26 Elections Commission; disposition of findings.-- 27 (2) The commission shall investigate all violations of 28 this chapter and chapter 104, but only after having received 29 either a sworn complaint or information reported to it under 30 this subsection by the Division of Elections. Any person, 31 other than the division, having information of any violation 9 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 of this chapter or chapter 104 shall file a sworn complaint 2 with the commission. The commission shall investigate only 3 those alleged violations specifically contained within the 4 sworn complaint. If any complainant fails to allege all 5 violations that arise from the facts or allegations alleged in 6 a complaint, the commission shall be barred from investigating 7 a subsequent complaint from such complainant that is based 8 upon such facts or allegations that were raised or could have 9 been raised in the first complaint. Such sworn complaint shall 10 state whether a complaint of the same violation has been made 11 to any state attorney. Within 5 days after receipt of a sworn 12 complaint, the commission shall transmit a copy of the 13 complaint to the alleged violator. All sworn complaints 14 alleging violations of the Florida Election Code over which 15 the commission has jurisdiction shall be filed with the 16 commission within 2 years after of the alleged violations. The 17 period of limitations is tolled on the day a sworn complaint 18 is filed with the commission. 19 (4) The commission shall undertake a preliminary 20 investigation to determine if the facts alleged in a sworn 21 complaint or a matter initiated by the division constitute 22 probable cause to believe that a violation has occurred. The 23 respondent, the complainant, and their respective counsels 24 shall be permitted to attend the hearing at which the probable 25 cause determination is made. Notice of the hearing shall be 26 sent to the respondent and the complainant at least 14 days 27 prior to the date of the hearing. The respondent and his or 28 her counsel shall be permitted to make a brief oral statement 29 in the nature of oral argument to the commission before the 30 probable cause determination. The commission's determination 31 shall be based upon the investigator's report, the complaint, 10 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 and staff recommendations, as well as any written statements 2 submitted by the respondent and any oral statements made at 3 the hearing. No testimony or other evidence shall be accepted 4 at the hearing. Upon completion of the preliminary 5 investigation, the commission shall, by written report, find 6 probable cause or no probable cause to believe that this 7 chapter or chapter 104 has been violated. 8 (a) If no probable cause is found, the commission 9 shall dismiss the case and the case shall become a matter of 10 public record, except as otherwise provided in this section, 11 together with a written statement of the findings of the 12 preliminary investigation and a summary of the facts which the 13 commission shall send to the complainant and the alleged 14 violator. 15 (b) If probable cause is found, the commission shall 16 so notify the complainant and the alleged violator in writing. 17 All documents made or received in the disposition of the 18 complaint shall become public records upon a finding by the 19 commission. 20 21 In a case where probable cause is found, the commission shall 22 make a preliminary determination to consider the matter or to 23 refer the matter to the state attorney for the judicial 24 circuit in which the alleged violation occurred. 25 Section 52. Paragraph (a) of subsection (3) of section 26 106.29, Florida Statutes, is amended to read: 27 106.29 Reports by political parties; restrictions on 28 contributions and expenditures; penalties.-- 29 (3)(a) Any state or county executive committee failing 30 to file a report on the designated due date shall be subject 31 to a fine as provided in paragraph (b) for each late day. The 11 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 fine shall be assessed by the filing officer, and the moneys 2 collected shall be deposited in the General Revenue Elections 3 Commission Trust Fund. 4 Section 53. To provide for uniformity of the 5 proceedings, sections 46, 47, 48, 49, and 51 shall apply to 6 all cases before the Florida Elections Commission pending on 7 or filed on or after the effective date of this act. 8 Section 54. If any provision of this act or its 9 application to any person or circumstance is held invalid, the 10 invalidity does not affect other provisions or applications of 11 the act which can be given effect without the invalid 12 provision or application, and to this end the provisions of 13 this act are severable. 14 Section 55. Except as otherwise expressly provided in 15 this act, this act shall take effect July 1, 2004. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 5, lines 9-31, and on page 6, lines 1-18,delete 21 those lines 22 23 and insert: 24 voter education activities; amending s. 25 106.023, F.S.; providing that the execution and 26 filing of the statement of candidate does not 27 create a presumption of a willful violation of 28 ch. 106 or ch. 104, F.S.; amending s. 106.04, 29 F.S.; reducing the fine for late filing of 30 campaign finance reports by committees of 31 continuous existence; providing for deposit of 12 4:25 PM 04/27/04 s3004.ee20.01
SENATE AMENDMENT Bill No. CS for CS for SB 3004 Amendment No. ___ Barcode 652510 1 fine proceeds into the General Revenue Fund; 2 amending s. 106.07, F.S.; requiring the 3 reporting of certain expenditures made 4 indirectly through a campaign treasurer for 5 certain goods and services; directing the 6 deposit of certain late-filing fines for 7 campaign finance reports to the General Revenue 8 Fund; modifying procedures and grounds for 9 contesting certain late-filing fines; amending 10 s. 106.141, F.S.; providing for deposit of 11 reimbursed election assessments into the 12 General Revenue Fund; amending s. 106.25, F.S.; 13 limiting the commission's investigatory 14 authority; precluding the filing of certain 15 complaints; authorizing respondents, 16 complainants, and their counsel to attend 17 hearings at which probable cause is determined; 18 requiring prior notice; permitting a brief oral 19 statement; specifying basis for determining 20 probable cause; amending s. 106.29, F.S.; 21 providing for deposit of late-filing fees for 22 political party campaign finance reports into 23 the General Revenue Fund; providing 24 applicability of certain sections of the bill 25 to pending and future cases before the Florida 26 Elections Commission; providing for a 27 severability clause; providing effective 28 dates. 29 30 31 13 4:25 PM 04/27/04 s3004.ee20.01
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