October 25, 2020
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CS/CS/HB 131

1
A bill to be entitled
2An act relating to elections; creating s. 97.0115, F.S.;
3providing that all matters in chapters 97 through 105,
4F.S., are preempted to the state, unless otherwise
5specified; amending s. 97.021, F.S.; defining the term
6"absent uniformed services voter"; revising the definition
7of the term "overseas voter"; amending s. 98.0981, F.S.,
8relating to statewide voter information; conforming a
9cross-reference; ; amending s. 101.111, F.S.; revising
10voter challenge oath requirements; providing circumstances
11under which a challenged voter may execute a change of
12legal residence, be directed to the proper precinct, or
13vote a provisional ballot; amending s. 101.56075, F.S.;
14extending the deadline by which persons with disabilities
15will be required to vote on voter interface devices
16meeting specified requirements; amending s. 101.5612,
17F.S.; requiring the supervisor of elections to publish on
18his or her website a notice of testing of tabulating
19equipment; requiring the use of certain ballots and
20technology for preelection testing of tabulating
21equipment; amending s. 101.62, F.S.; requiring the
22supervisor of elections to notify the absent uniformed
23services voter and overseas voter of the free access
24system for determining absentee ballot status; providing a
25timeframe for an absentee ballot to be sent to each absent
26uniformed services voter and overseas voter; providing
27acceptable formats for requesting an absentee ballot;
28modifying circumstances under which the department is
29authorized to prescribe rules for a ballot to be sent to
30absent uniformed services voters and overseas voters;
31amending s. 101.694, F.S.; requiring a supervisor to send
32absentee ballots by specified means to certain persons
33upon receipt of a federal postcard application; deleting
34provisions relating to the period for which an absentee
35ballot request is valid; amending s. 101.6952, F.S.;
36revising responsibilities of the supervisor of elections
37when an absent uniformed services voter's or overseas
38voter's request for an absentee ballot includes an e-mail
39address; requiring the supervisor to record the e-mail
40address in the absentee ballot record and, via e-mail,
41confirm that the request was received, inform the voter of
42the estimated date the absentee ballot will be sent, and
43notify the voter when the voted absentee ballot is
44received; amending s. 101.71, F.S.; requiring the
45supervisor of elections to ensure the provision of
46adequate supplies, equipment, and personnel when precincts
47are collocated; requiring the supervisor of elections to
48publish the relocation of a polling place on his or her
49website; amending s. 102.012, F.S.; allowing the
50supervisor of elections to appoint one election board for
51collocated precincts and requiring the appointment of
52adequate personnel for the collocated precincts; amending
53s. 102.111, F.S.; clarifying that the Governor and Cabinet
54members shall serve ex officio on the Elections Canvassing
55Commission; establishing meeting times for the commission;
56amending s. 102.112, F.S.; conforming a cross-reference;
57amending s. 102.141, F.S.; requiring the supervisor of
58elections to publish on his or her website notice of the
59time for canvassing absentee and provisional ballots;
60providing circumstances under which the Secretary of
61State, county canvassing board, or local board is
62responsible for ordering recounts in elections; specifying
63the time for filing returns for elections in which a
64recount was ordered; amending s. 102.166, F.S.; providing
65circumstances under which the Secretary of State, county
66canvassing board, or local board is responsible for
67ordering a manual recount of overvotes and undervotes;
68amending s. 106.25, F.S.; authorizing the Florida
69Elections Commission to determine whether a person's
70conduct was willful in an informal hearing following a
71finding of probable cause; providing a short title;
72amending s. 106.143, F.S.; providing an alternative
73statement that may be used to identify a candidate as the
74sponsor of a political advertisement under certain
75circumstances; providing circumstances under which certain
76campaign messages and political advertisements are not
77required to state or display specific information
78regarding the identity of the candidate, his or her party
79affiliation, and the office sought in the message or
80advertisement; authorizing a candidate or political
81committee to place a statement on a social networking
82website or account indicating that the site or account is
83an official site or account approved by the candidate or
84political committee; prohibiting an official designation
85without the prior approval by the candidate or political
86committee; amending s. 106.011, F.S.; revising the
87definition of the term "political committee" to remove
88certain reporting requirements included in the exclusion
89of electioneering communications organizations from the
90definition; revising the definition of the term "filing
91officer" to expand applicability to electioneering
92communications organizations; revising the definition of
93the term "electioneering communication" to conform to
94certain federal requirements and to delineate what
95constitutes such a communication; revising the definition
96of the term "electioneering communications organization";
97amending s. 106.03, F.S.; revising the registration
98requirements for electioneering communications
99organizations; revising the statement of organization
100requirements; revising rule adoption requirements relating
101to dissolution of political committees and electioneering
102communications organizations; amending s. 106.0703, F.S.;
103consolidating reporting requirements in ch. 106, F.S.,
104applicable to electioneering communications organizations;
105providing penalties; conforming provisions; prohibiting
106the use of credit cards by electioneering communications
107organizations; amending s. 106.0705, F.S., relating to
108electronic filing of campaign treasurer's reports;
109conforming provisions; amending s. 106.071, F.S.;
110increasing the aggregate amount of expenditures required
111for filing certain reports related to independent
112expenditures or electioneering communications; amending s.
113106.08, F.S.; removing certain limitations on
114contributions received by an electioneering communications
115organization; amending s. 106.1439, F.S.; providing
116identification requirements for certain electioneering
117communications; providing an exception for telephone
118calls; amending s. 106.147, F.S., relating to telephone
119solicitation disclosure requirements; removing
120requirements relating to electioneering communication, to
121conform; reenacting ss. 106.011(1)(b), (3), (4), (18), and
122(19), 106.022(1), 106.03(1)(b), 106.04(5), 106.0703,
123106.0705(2)(b), 106.071(1), 106.08(7), 106.1437, 106.1439,
124and 106.17, F.S., relating to definitions, registered
125office and agent requirements, registration requirements,
126prohibited activities for committees of continuous
127existence, additional reporting requirements, electronic
128filing requirements, expenditure reports, penalties for
129violations pertaining to limitations on contributions,
130miscellaneous advertisements, electioneering
131communications disclaimers and penalties for failure to
132include disclaimers, and polls and surveys pertaining to
133candidacies, to cure and conform; amending s. 379.352,
134F.S., relating to recreational licenses and permits;
135conforming cross-references; providing effective dates.
136
137Be It Enacted by the Legislature of the State of Florida:
138
139     Section 1.  Section 97.0115, Florida Statutes, is created
140to read:
141     97.0115  Preemption.-All matters set forth in chapters 97-
142105 are preempted to the state, except as otherwise specifically
143authorized by state or federal law. The conduct of municipal
144elections shall be governed by s. 100.3605.
145     Section 2.  Present subsections (2) through (43) of section
14697.021, Florida Statutes, are renumbered as subsections (3)
147through (44), respectively, a new subsection (2) is added to
148that section, and present subsection (22) of that section is
149amended, to read:
150     97.021  Definitions.-For the purposes of this code, except
151where the context clearly indicates otherwise, the term:
152     (2)  "Absent uniformed services voter" means:
153     (a)  A member of a uniformed service on active duty who, by
154reason of such active duty, is absent from the place of
155residence where the member is otherwise qualified to vote;
156     (b)  A member of the merchant marine who, by reason of
157service in the merchant marine, is absent from the place of
158residence where the member is otherwise qualified to vote; or
159     (c)  A spouse or dependent of a member referred to in
160paragraph (a) or paragraph (b) who, by reason of the active duty
161or service of the member, is absent from the place of residence
162where the spouse or dependent is otherwise qualified to vote.
163     (23)(22)  "Overseas voter" means:
164     (a)  An absent uniformed services voter who, by reason of
165active duty or service, is absent from the United States on the
166date of the election involved Members of the uniformed services
167while in the active service who are permanent residents of the
168state and are temporarily residing outside the territorial
169limits of the United States and the District of Columbia;
170     (b)  A person who resides outside the United States and is
171qualified to vote in the last place in which the person was
172domiciled before leaving the United States Members of the
173Merchant Marine of the United States who are permanent residents
174of the state and are temporarily residing outside the
175territorial limits of the United States and the District of
176Columbia; or and
177     (c)  A person who resides outside the United States and,
178but for such residence, would be qualified to vote in the last
179place in which the person was domiciled before leaving the
180United States Other citizens of the United States who are
181permanent residents of the state and are temporarily residing
182outside the territorial limits of the United States and the
183District of Columbia,
184
185who are qualified and registered to vote as provided by law.
186     Section 3.  Subsection (3) of section 98.0981, Florida
187Statutes, is amended to read:
188     98.0981  Reports; voting history; statewide voter
189registration system information; precinct-level election
190results; book closing statistics.-
191     (3)  PRECINCT-LEVEL BOOK CLOSING STATISTICS.-After the date
192of book closing but before the date of an election as defined in
193s. 97.021 s. 97.021(10) to fill a national, state, county, or
194district office, or to vote on a proposed constitutional
195amendment, the department shall compile the following precinct-
196level statistical data for each county:
197     (a)  Precinct numbers.
198     (b)  Total number of active registered voters by party for
199each precinct.
200     Section 4.  Section 101.111, Florida Statutes, is amended
201to read:
202     101.111  Voter challenges Person desiring to vote may be
203challenged; challenger to execute oath; oath of person
204challenged; determination of challenge.-
205     (1)(a)  Any registered elector or poll watcher of a county
206may challenge the right of a person to vote in that county. The
207challenge must be in writing and contain the following oath,
208which shall be delivered to the clerk or inspector:
209
OATH OF PERSON ENTERING CHALLENGE
210
211State of Florida
212County of ....
213
214I do solemnly swear or affirm that my name is ....; that I am a
215member of the .... Party; that I am a registered voter or
216pollwatcher; that my residence address is ...., in the
217municipality of ....; and that I have reason to believe that
218.... is attempting to vote illegally and the reasons for my
219belief are set forth herein to wit:
220
221
222...(Signature of person challenging voter)...
223
224Sworn and subscribed to before me this .... day of ....,
225...(year)....
226...(Clerk of election)...
227     (b)1.  The clerk or inspector shall immediately deliver to
228the challenged person a copy of the oath of the person entering
229the challenge, and the challenged voter shall be allowed to cast
230a provisional ballot in accordance with s. 101.048, except as
231provided in subparagraph 2.
232     2.  If the basis for the challenge is that the person's
233legal residence is not in that precinct, the person shall first
234be given the opportunity to execute a change of legal residence
235in order to be able to vote a regular ballot in accordance with
236s. 101.045(2). If the change of legal residence is such that the
237person is then properly registered for that precinct, the person
238shall be allowed to vote a regular ballot. If the change of
239legal residence places the person in another precinct, the
240person shall be directed to the proper precinct to vote. If such
241person insists that he or she is currently in the proper
242precinct, the person shall be allowed to vote a provisional
243ballot in accordance with s. 101.048.
244     (c)  Alternatively, a challenge in accordance with this
245section may be filed in advance with the supervisor of elections
246no sooner than 30 days before an election. The supervisor shall
247promptly provide the election board in the challenged voter's
248precinct with a copy of the oath of the person entering the
249challenge. The challenged voter shall be allowed to cast a
250provisional ballot in accordance with s. 101.048, subject to the
251provisions of subparagraph (b)2.
252     (2)  Any elector or poll watcher filing a frivolous
253challenge of any person's right to vote commits a misdemeanor of
254the first degree, punishable as provided in s. 775.082 or s.
255775.083; however, electors or poll watchers shall not be subject
256to liability for any action taken in good faith and in
257furtherance of any activity or duty permitted of such electors
258or poll watchers by law. Each instance where any elector or poll
259watcher files a frivolous challenge of any person's right to
260vote constitutes a separate offense.
261     Section 5.  Subsection (3) of section 101.56075, Florida
262Statutes, is amended to read:
263     101.56075  Voting methods.-
264     (3)  By 2016 2012, persons with disabilities shall vote on
265a voter interface device that meets the voter accessibility
266requirements for individuals with disabilities under s. 301 of
267the federal Help America Vote Act of 2002 and s. 101.56062 which
268are consistent with subsection (1) of this section.
269     Section 6.  Subsections (2) and (5) of section 101.5612,
270Florida Statutes, are amended to read:
271     101.5612  Testing of tabulating equipment.-
272     (2)  On any day not more than 10 days prior to the
273commencement of early voting as provided in s. 101.657, the
274supervisor of elections shall have the automatic tabulating
275equipment publicly tested to ascertain that the equipment will
276correctly count the votes cast for all offices and on all
277measures. If the ballots to be used at the polling place on
278election day are not available at the time of the testing, the
279supervisor may conduct an additional test not more than 10 days
280before election day. Public notice of the time and place of the
281test shall be given at least 48 hours prior thereto by
282publication on the supervisor of elections' website and once in
283one or more newspapers of general circulation in the county or,
284if there is no newspaper of general circulation in the county,
285by posting the notice in at least four conspicuous places in the
286county. The supervisor or the municipal elections official may,
287at the time of qualifying, give written notice of the time and
288location of the public preelection test to each candidate
289qualifying with that office and obtain a signed receipt that the
290notice has been given. The Department of State shall give
291written notice to each statewide candidate at the time of
292qualifying, or immediately at the end of qualifying, that the
293voting equipment will be tested and advise each candidate to
294contact the county supervisor of elections as to the time and
295location of the public preelection test. The supervisor or the
296municipal elections official shall, at least 15 days prior to
297the commencement of early voting as provided in s. 101.657, send
298written notice by certified mail to the county party chair of
299each political party and to all candidates for other than
300statewide office whose names appear on the ballot in the county
301and who did not receive written notification from the supervisor
302or municipal elections official at the time of qualifying,
303stating the time and location of the public preelection test of
304the automatic tabulating equipment. The canvassing board shall
305convene, and each member of the canvassing board shall certify
306to the accuracy of the test. For the test, the canvassing board
307may designate one member to represent it. The test shall be open
308to representatives of the political parties, the press, and the
309public. Each political party may designate one person with
310expertise in the computer field who shall be allowed in the
311central counting room when all tests are being conducted and
312when the official votes are being counted. The designee shall
313not interfere with the normal operation of the canvassing board.
314     (5)  Any tests involving marksense ballots pursuant to this
315section shall employ test preprinted ballots created by the
316supervisor of elections using actual ballots that have been
317printed for the election., If preprinted ballots will be used in
318the election, and ballot-on-demand ballots will be used in the
319election, the supervisor shall also create test ballots using
320the, if ballot-on-demand technology that will be used to produce
321ballots in the election, using the same paper stock as will be
322used for ballots in the election or both.
323     Section 7.  Subsections (1), (3), (4), and (5) of section
324101.62, Florida Statutes, are amended to read:
325     101.62  Request for absentee ballots.-
326     (1)(a)  The supervisor shall may accept a request for an
327absentee ballot from an elector in person or in writing. Except
328as provided in s. 101.694, One request shall be deemed
329sufficient to receive an absentee ballot for all elections
330through the next two regularly scheduled general election
331elections, unless the elector or the elector's designee
332indicates at the time the request is made the elections for
333which the elector desires to receive an absentee ballot. Such
334request may be considered canceled when any first-class mail
335sent by the supervisor to the elector is returned as
336undeliverable.
337     (b)  The supervisor may accept a written or telephonic
338request for an absentee ballot from the elector, or, if directly
339instructed by the elector, a member of the elector's immediate
340family, or the elector's legal guardian. For purposes of this
341section, the term "immediate family" has the same meaning as
342specified in paragraph (4)(b). The person making the request
343must disclose:
344     1.  The name of the elector for whom the ballot is
345requested.;
346     2.  The elector's address.;
347     3.  The elector's date of birth.;
348     4.  The requester's name.;
349     5.  The requester's address.;
350     6.  The requester's driver's license number, if available.;
351     7.  The requester's relationship to the elector.; and
352     8.  The requester's signature (written requests only).
353     (c)  Upon receiving a request for an absentee ballot from
354an absent voter, the supervisor of elections shall notify the
355voter of the free access system that has been designated by the
356department for determining the status of his or her absentee
357ballot.
358     (3)  For each request for an absentee ballot received, the
359supervisor shall record the date the request was made, the date
360the absentee ballot was delivered to the voter or the voter's
361designee or the date the absentee ballot was delivered to the
362post office or other carrier, the date the ballot was received
363by the supervisor, and such other information he or she may deem
364necessary. This information shall be provided in electronic
365format as provided by rule adopted by the division. The
366information shall be updated and made available no later than
367noon of each day beginning 60 days before the primary until 15
368days after the general election and shall be contemporaneously
369provided to the division. This information shall be confidential
370and exempt from the provisions of s. 119.07(1) and shall be made
371available to or reproduced only for the voter requesting the
372ballot, a canvassing board, an election official, a political
373party or official thereof, a candidate who has filed
374qualification papers and is opposed in an upcoming election, and
375registered political committees or registered committees of
376continuous existence, for political purposes only.
377     (4)(a)  No later than 45 days before each election, the
378supervisor of elections shall send an absentee ballot as
379provided in subparagraph (b)2. to each absent uniformed services
380voter and to each overseas voter who has requested an absentee
381ballot. To each absent qualified elector overseas who has
382requested an absentee ballot, the supervisor of elections shall
383mail an absentee ballot not less than 35 days before the primary
384election and not less than 45 days before the general election.
385     (b)  The supervisor shall provide an absentee ballot to
386each elector by whom a request for that ballot has been made by
387one of the following means:
388     1.  By nonforwardable, return-if-undeliverable mail to the
389elector's current mailing address on file with the supervisor,
390unless the elector specifies in the request that:
391     a.  The elector is absent from the county and does not plan
392to return before the day of the election;
393     b.  The elector is temporarily unable to occupy the
394residence because of hurricane, tornado, flood, fire, or other
395emergency or natural disaster; or
396     c.  The elector is in a hospital, assisted living facility,
397nursing home, short-term medical or rehabilitation facility, or
398correctional facility,
399
400in which case the supervisor shall mail the ballot by
401nonforwardable, return-if-undeliverable mail to any other
402address the elector specifies in the request.
403     2.  By forwardable mail, e-mail, or facsimile machine
404transmission to absent uniformed services voters and overseas
405voters who are entitled to vote by absentee ballot under the
406Uniformed and Overseas Citizens Absentee Voting Act. The absent
407uniformed services voter or overseas voter may designate in the
408absentee ballot request the preferred method of transmission. If
409the voter does not designate the method of transmission, the
410absentee ballot shall be mailed.
411     3.  By personal delivery before 7 p.m. on election day to
412the elector, upon presentation of the identification required in
413s. 101.043.
414     4.  By delivery to a designee on election day or up to 5
415days prior to the day of an election. Any elector may designate
416in writing a person to pick up the ballot for the elector;
417however, the person designated may not pick up more than two
418absentee ballots per election, other than the designee's own
419ballot, except that additional ballots may be picked up for
420members of the designee's immediate family. For purposes of this
421section, "immediate family" means the designee's spouse or the
422parent, child, grandparent, or sibling of the designee or of the
423designee's spouse. The designee shall provide to the supervisor
424the written authorization by the elector and a picture
425identification of the designee and must complete an affidavit.
426The designee shall state in the affidavit that the designee is
427authorized by the elector to pick up that ballot and shall
428indicate if the elector is a member of the designee's immediate
429family and, if so, the relationship. The department shall
430prescribe the form of the affidavit. If the supervisor is
431satisfied that the designee is authorized to pick up the ballot
432and that the signature of the elector on the written
433authorization matches the signature of the elector on file, the
434supervisor shall give the ballot to that designee for delivery
435to the elector.
436     (5)  If In the event that the department Elections
437Canvassing Commission is unable to certify candidates for the
438results of an election for a state office in time to comply with
439paragraph (4)(a) subsection (4), the Department of State is
440authorized to prescribe rules for a ballot to be sent to absent
441uniformed services voters and electors overseas voters.
442     Section 8.  Subsection (1) of section 101.694, Florida
443Statutes, is amended to read:
444     101.694  Mailing of ballots upon receipt of federal
445postcard application.-
446     (1)  Upon receipt of a federal postcard application for an
447absentee ballot executed by a person whose registration is in
448order or whose application is sufficient to register or update
449the registration of that person, the supervisor shall send the
450ballot in accordance with s. 101.62(4) mail to the applicant a
451ballot, if the ballots are available for mailing. The federal
452postcard application request for an absentee ballot shall be
453effective for all elections through the next two regularly
454scheduled general elections.
455     Section 9.  Effective July 1, 2010, section 101.6952,
456Florida Statutes, is amended to read:
457     101.6952  Absentee ballots for absent uniformed services
458and overseas voters.-
459     (1)  If an absent uniformed services voter's or an overseas
460voter's request for an absentee ballot includes an e-mail
461address, the supervisor of elections shall:
462     (a)  Record the voter's e-mail address in the absentee
463ballot record;
464     (b)  Confirm by e-mail that the absentee ballot request was
465received and include in that e-mail the estimated date the
466absentee ballot will be sent to the voter; and
467     (c)  Notify the voter by e-mail when the voted absentee
468ballot is received by the supervisor of elections inform the
469voter of the names of candidates who will be on the ballots via
470electronic transmission. The supervisor of elections shall e-
471mail to the voter the list of candidates for the primary and
472general election not later than 30 days before each election.
473     (2)  For absentee ballots received from absent uniformed
474services voters or overseas voters, there is a presumption that
475the envelope was mailed on the date stated on the outside of the
476return envelope, regardless of the absence of a postmark on the
477mailed envelope or the existence of a postmark date that is
478later than the date of the election.
479     Section 10.  Subsection (2) of section 101.71, Florida
480Statutes, is amended to read:
481     101.71  Polling place.-
482     (2)  Notwithstanding the provisions of subsection (1),
483whenever the supervisor of elections of any county determines
484that the accommodations for holding any election at a polling
485place designated for any precinct in the county are unavailable,
486are inadequate for the expeditious and efficient housing and
487handling of voting and voting paraphernalia, or do not comply
488with the requirements of s. 101.715, the supervisor shall, not
489less than 30 days prior to the holding of an election, provide
490for the voting place for such precinct to be moved to another
491site that is accessible to the public on election day in said
492precinct or, if such is not available, to another site that is
493accessible to the public on election day in a contiguous
494precinct. If such action of the supervisor results in the voting
495place for two or more precincts being located for the purposes
496of an election in one building, the supervisor of elections
497shall provide adequate supplies, equipment, and personnel are
498available to accommodate the voters for the precincts that are
499collocated voting places for the several precincts involved
500shall be established and maintained separate from each other in
501said building. When any supervisor moves any polling place
502pursuant to this subsection, the supervisor shall, not more than
50330 days or fewer than 7 days prior to the holding of an
504election, give notice of the change of the polling place for the
505precinct involved, with clear description of the voting place to
506which changed, at least once in a newspaper of general
507circulation in the said county and on the supervisor of
508elections' website. A notice of the change of the polling place
509involved shall be mailed, at least 14 days prior to an election,
510to each registered elector or to each household in which there
511is a registered elector.
512     Section 11.  Subsection (1) of section 102.012, Florida
513Statutes, is amended to read:
514     102.012  Inspectors and clerks to conduct elections.-
515     (1)(a)  The supervisor of elections of each county, at
516least 20 days prior to the holding of any election, shall
517appoint an election board comprised of poll workers who serve as
518clerks or inspectors for each precinct in the county. The clerk
519shall be in charge of, and responsible for, seeing that the
520election board carries out its duties and responsibilities. Each
521inspector and each clerk shall take and subscribe to an oath or
522affirmation, which shall be written or printed, to the effect
523that he or she will perform the duties of inspector or clerk of
524election, respectively, according to law and will endeavor to
525prevent all fraud, deceit, or abuse in conducting the election.
526The oath may be taken before an officer authorized to administer
527oaths or before any of the persons who are to act as inspectors,
528one of them to swear the others, and one of the others sworn
529thus, in turn, to administer the oath to the one who has not
530been sworn. The oaths shall be returned with the poll list and
531the returns of the election to the supervisor. In all questions
532that may arise before the members of an election board, the
533decision of a majority of them shall decide the question. The
534supervisor of elections of each county shall be responsible for
535the attendance and diligent performance of his or her duties by
536each clerk and inspector.
537     (b)  If two or more precincts share the same building and
538voting place, the supervisor of elections may appoint one
539election board for the collocated precincts. The supervisor
540shall provide a sufficient number of poll workers are appointed
541to adequately handle the processing of the voters in the
542collocated precincts.
543     Section 12.  Section 102.111, Florida Statutes, is amended
544to read:
545     102.111  Elections Canvassing Commission.-
546     (1)  The Elections Canvassing Commission shall consist of
547the Governor and two members of the Cabinet selected by the
548Governor, all of whom shall serve ex officio. If a member of the
549Elections Canvassing commission is unable to serve for any
550reason, the Governor shall appoint a remaining member of the
551Cabinet. If there is a further vacancy, the remaining members of
552the commission shall agree on another elected official to fill
553the vacancy.
554     (2)  The Elections Canvassing Commission shall meet at 9
555a.m. on the 9th day after a primary election and at 9 a.m. on
556the 14th day after a general election to, as soon as the
557official results are compiled from all counties, certify the
558returns of the election and determine and declare who has been
559elected for each federal, state, and multicounty office. If a
560member of a county canvassing board that was constituted
561pursuant to s. 102.141 determines, within 5 days after the
562certification by the Elections Canvassing Commission, that a
563typographical error occurred in the official returns of the
564county, the correction of which could result in a change in the
565outcome of an election, the county canvassing board must certify
566corrected returns to the Department of State within 24 hours,
567and the Elections Canvassing Commission must correct and
568recertify the election returns as soon as practicable.
569     (3)(2)  The Division of Elections shall provide the staff
570services required by the Elections Canvassing Commission.
571     Section 13.  Subsection (2) of section 102.112, Florida
572Statutes, is amended to read:
573     102.112  Deadline for submission of county returns to the
574Department of State.-
575     (2)  Returns must be filed by 5 p.m. on the 7th day
576following a primary election and by noon on the 12th day
577following the general election. However, the Department of State
578may correct typographical errors, including the transposition of
579numbers, in any returns submitted to the Department of State
580pursuant to s. 102.111(2) s. 102.111(1).
581     Section 14.  Subsections (2) and (7) of section 102.141,
582Florida Statutes, are amended to read:
583     102.141  County canvassing board; duties.-
584     (2)  The county canvassing board shall meet in a building
585accessible to the public in the county where the election
586occurred at a time and place to be designated by the supervisor
587of elections to publicly canvass the absentee electors' ballots
588as provided for in s. 101.68 and provisional ballots as provided
589by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
590pursuant to s. 101.049 shall be canvassed in a manner that votes
591for candidates and issues on those ballots can be segregated
592from other votes. Public notice of the time and place at which
593the county canvassing board shall meet to canvass the absentee
594electors' ballots and provisional ballots shall be given at
595least 48 hours prior thereto by publication on the supervisor of
596elections' website and once in one or more newspapers of general
597circulation in the county or, if there is no newspaper of
598general circulation in the county, by posting such notice in at
599least four conspicuous places in the county. As soon as the
600absentee electors' ballots and the provisional ballots are
601canvassed, the board shall proceed to publicly canvass the vote
602given each candidate, nominee, constitutional amendment, or
603other measure submitted to the electorate of the county, as
604shown by the returns then on file in the office of the
605supervisor of elections and the office of the county court
606judge.
607     (7)  If the unofficial returns reflect that a candidate for
608any office was defeated or eliminated by one-half of a percent
609or less of the votes cast for such office, that a candidate for
610retention to a judicial office was retained or not retained by
611one-half of a percent or less of the votes cast on the question
612of retention, or that a measure appearing on the ballot was
613approved or rejected by one-half of a percent or less of the
614votes cast on such measure, the board responsible for certifying
615the results of the vote on such race or measure shall order a
616recount shall be ordered of the votes cast with respect to such
617office or measure. The Secretary of State Elections Canvassing
618Commission is the board responsible for ordering recounts in
619federal, state, and multicounty races recounts. The county
620canvassing board or the local board responsible for certifying
621the election is responsible for ordering recounts in all other
622races. A recount need not be ordered with respect to the returns
623for any office, however, if the candidate or candidates defeated
624or eliminated from contention for such office by one-half of a
625percent or less of the votes cast for such office request in
626writing that a recount not be made.
627     (a)  Each canvassing board responsible for conducting a
628recount shall put each marksense ballot through automatic
629tabulating equipment and determine whether the returns correctly
630reflect the votes cast. If any marksense ballot is physically
631damaged so that it cannot be properly counted by the automatic
632tabulating equipment during the recount, a true duplicate shall
633be made of the damaged ballot pursuant to the procedures in s.
634101.5614(5). Immediately before the start of the recount, a test
635of the tabulating equipment shall be conducted as provided in s.
636101.5612. If the test indicates no error, the recount tabulation
637of the ballots cast shall be presumed correct and such votes
638shall be canvassed accordingly. If an error is detected, the
639cause therefor shall be ascertained and corrected and the
640recount repeated, as necessary. The canvassing board shall
641immediately report the error, along with the cause of the error
642and the corrective measures being taken, to the Department of
643State. No later than 11 days after the election, the canvassing
644board shall file a separate incident report with the Department
645of State, detailing the resolution of the matter and identifying
646any measures that will avoid a future recurrence of the error.
647     (b)  Each canvassing board responsible for conducting a
648recount where touchscreen ballots were used shall examine the
649counters on the precinct tabulators to ensure that the total of
650the returns on the precinct tabulators equals the overall
651election return. If there is a discrepancy between the overall
652election return and the counters of the precinct tabulators, the
653counters of the precinct tabulators shall be presumed correct
654and such votes shall be canvassed accordingly.
655     (c)  The canvassing board shall submit on forms or in
656formats provided by the division a second set of unofficial
657returns to the Department of State for each federal, statewide,
658state, or multicounty office or ballot measure. The returns
659shall be filed no later than 3 p.m. on the 5th fifth day after
660any primary election and no later than 3 p.m. on the 9th ninth
661day after any general election in which a recount was ordered by
662the Secretary of State conducted pursuant to this subsection. If
663the canvassing board is unable to complete the recount
664prescribed in this subsection by the deadline, the second set of
665unofficial returns submitted by the canvassing board shall be
666identical to the initial unofficial returns and the submission
667shall also include a detailed explanation of why it was unable
668to timely complete the recount. However, the canvassing board
669shall complete the recount prescribed in this subsection, along
670with any manual recount prescribed in s. 102.166, and certify
671election returns in accordance with the requirements of this
672chapter.
673     (d)  The Department of State shall adopt detailed rules
674prescribing additional recount procedures for each certified
675voting system, which shall be uniform to the extent practicable.
676     Section 15.  Subsection (1) of section 102.166, Florida
677Statutes, is amended to read:
678     102.166  Manual recounts of overvotes and undervotes.-
679     (1)  If the second set of unofficial returns pursuant to s.
680102.141 indicates that a candidate for any office was defeated
681or eliminated by one-quarter of a percent or less of the votes
682cast for such office, that a candidate for retention to a
683judicial office was retained or not retained by one-quarter of a
684percent or less of the votes cast on the question of retention,
685or that a measure appearing on the ballot was approved or
686rejected by one-quarter of a percent or less of the votes cast
687on such measure, the board responsible for certifying the
688results of the vote on such race or measure shall order a manual
689recount of the overvotes and undervotes cast in the entire
690geographic jurisdiction of such office or ballot measure shall
691be ordered unless:. A manual recount may not be ordered,
692however, if
693     (a)  The candidate or candidates defeated or eliminated
694from contention by one-quarter of 1 percent or fewer of the
695votes cast for such office request in writing that a recount not
696be made; or
697     (b)  The number of overvotes and, undervotes, and
698provisional ballots is fewer than the number of votes needed to
699change the outcome of the election.
700
701The Secretary of State is responsible for ordering a manual
702recount for federal, state, and multicounty races. The county
703canvassing board or local board responsible for certifying the
704election is responsible for ordering a manual recount for all
705other races.
706     Section 16.  Subsection (3) of section 106.25, Florida
707Statutes, is amended to read:
708     106.25  Reports of alleged violations to Florida Elections
709Commission; disposition of findings.-
710     (3)  For the purposes of commission jurisdiction, a
711violation shall mean the willful performance of an act
712prohibited by this chapter or chapter 104 or the willful failure
713to perform an act required by this chapter or chapter 104.
714Willfulness is a determination of fact; however, at the request
715of the respondent at any time after probable cause is found,
716willfulness may be considered and determined in an informal
717hearing before the commission.
718     Section 17.  Section 18 of this act may be cited as the
719"Technology in Elections Act."
720     Section 18.  Subsection (1) of section 106.143, Florida
721Statutes, is amended, present subsection (8) of that section is
722renumbered as subsection (9), and a new subsection (8) is added
723to that section, to read:
724     106.143  Political advertisements circulated prior to
725election; requirements.-
726     (1)(a)  Any political advertisement that is paid for by a
727candidate and that is published, displayed, or circulated before
728prior to, or on the day of, any election must prominently state:
729     1.  "Political advertisement paid for and approved by
730...(name of candidate)..., ...(party affiliation)..., for
731...(office sought)...."; or
732     2.  "Paid by ...(name of candidate)..., ...(party
733affiliation)..., for ...(office sought)...."
734     (b)  Any other political advertisement published,
735displayed, or circulated before prior to, or on the day of, any
736election must prominently:
737     1.  Be marked "paid political advertisement" or with the
738abbreviation "pd. pol. adv."
739     2.  State the name and address of the persons sponsoring
740the advertisement.
741     3.a.(I)  State whether the advertisement and the cost of
742production is paid for or provided in kind by or at the expense
743of the entity publishing, displaying, broadcasting, or
744circulating the political advertisement; or
745     (II)  State who provided or paid for the advertisement and
746cost of production, if different from the source of sponsorship.
747     b.  This subparagraph does not apply if the source of the
748sponsorship is patently clear from the content or format of the
749political advertisement.
750     (c)  Any political advertisement made pursuant to s.
751106.021(3)(d) must be marked "paid political advertisement" or
752with the abbreviation "pd. pol. adv." and must prominently
753state, "Paid for and sponsored by ...(name of person paying for
754political advertisement).... Approved by ...(names of persons,
755party affiliation, and offices sought in the political
756advertisement)...."
757
758This subsection does not apply to campaign messages used by a
759candidate and the candidate's supporters if those messages are
760designed to be worn by a person.
761     (8)  This section does not apply to any campaign message or
762political advertisement used by a candidate and the candidate's
763supporters or by a political committee if the message or
764advertisement is:
765     (a)  Designed to be worn by a person.
766     (b)  Placed as a paid link on an Internet website, provided
767the message or advertisement is no more than 200 characters in
768length and the link directs the user to another Internet website
769that complies with subsection (1).
770     (c)  Placed as a graphic or picture link where compliance
771with the requirements of this section is not reasonably
772practical due to the size of the graphic or picture link and the
773link directs the user to another Internet website that complies
774with subsection (1).
775     (d)  Placed at no cost on an Internet website for which
776there is no cost to post content for public users.
777     (e)  Placed or distributed on an unpaid profile or account
778which is available to the public without charge or on a social
779networking Internet website, as long as the source of the
780message or advertisement is patently clear from the content or
781format of the message or advertisement. A candidate or political
782committee may prominently display a statement indicating that
783the website or account is an official website or account of the
784candidate or political committee and is approved by the
785candidate or political committee. A website or account may not
786be marked as official without prior approval by the candidate or
787political committee.
788     (f)  Distributed as a text message or other message via
789Short Message Service, provided the message is no more than 200
790characters in length or requires the recipient to sign up or opt
791in to receive it.
792     (g)  Connected with or included in any software application
793or accompanying function, provided that the user signs up, opts
794in, downloads, or otherwise accesses the application from or
795through a website that complies with subsection (1).
796     (h)  Sent by a third-party user from or through a campaign
797or committee's website, provided the website complies with
798subsection (1).
799     (i)  Contained in or distributed through any other
800technology-related item, service, or device for which compliance
801with subsection (1) is not reasonably practical due to the size
802or nature of such item, service, or device as available, or the
803means of displaying the message or advertisement makes
804compliance with subsection (1) impracticable.
805     (9)(8)  Any person who willfully violates any provision of
806this section is subject to the civil penalties prescribed in s.
807106.265.
808     Section 19.  Paragraph (b) of subsection (1) of section
809106.011, Florida Statutes, is reenacted and amended, subsections
810(3) and (4) of that section are reenacted, subsection (14) of
811that section is amended, and subsections (18) and (19) of that
812section are reenacted and amended, to read:
813     106.011  Definitions.-As used in this chapter, the
814following terms have the following meanings unless the context
815clearly indicates otherwise:
816     (1)
817     (b)  Notwithstanding paragraph (a), the following entities
818are not considered political committees for purposes of this
819chapter:
820     1.  Organizations which are certified by the Department of
821State as committees of continuous existence pursuant to s.
822106.04, national political parties, and the state and county
823executive committees of political parties regulated by chapter
824103.
825     2.  Corporations regulated by chapter 607 or chapter 617 or
826other business entities formed for purposes other than to
827support or oppose issues or candidates, if their political
828activities are limited to contributions to candidates, political
829parties, or political committees or expenditures in support of
830or opposition to an issue from corporate or business funds and
831if no contributions are received by such corporations or
832business entities.
833     3.  Electioneering communications organizations as defined
834in subsection (19); however, such organizations shall be
835required to register with and report expenditures and
836contributions, including contributions received from committees
837of continuous existence, to the Division of Elections in the
838same manner, at the same time, and subject to the same penalties
839as a political committee supporting or opposing an issue or a
840legislative candidate, except as otherwise specifically provided
841in this chapter.
842     (3)  "Contribution" means:
843     (a)  A gift, subscription, conveyance, deposit, loan,
844payment, or distribution of money or anything of value,
845including contributions in kind having an attributable monetary
846value in any form, made for the purpose of influencing the
847results of an election or making an electioneering
848communication.
849     (b)  A transfer of funds between political committees,
850between committees of continuous existence, between
851electioneering communications organizations, or between any
852combination of these groups.
853     (c)  The payment, by any person other than a candidate or
854political committee, of compensation for the personal services
855of another person which are rendered to a candidate or political
856committee without charge to the candidate or committee for such
857services.
858     (d)  The transfer of funds by a campaign treasurer or
859deputy campaign treasurer between a primary depository and a
860separate interest-bearing account or certificate of deposit, and
861the term includes any interest earned on such account or
862certificate.
863
864Notwithstanding the foregoing meanings of "contribution," the
865word shall not be construed to include services, including, but
866not limited to, legal and accounting services, provided without
867compensation by individuals volunteering a portion or all of
868their time on behalf of a candidate or political committee. This
869definition shall not be construed to include editorial
870endorsements.
871     (4)(a)  "Expenditure" means a purchase, payment,
872distribution, loan, advance, transfer of funds by a campaign
873treasurer or deputy campaign treasurer between a primary
874depository and a separate interest-bearing account or
875certificate of deposit, or gift of money or anything of value
876made for the purpose of influencing the results of an election
877or making an electioneering communication. However,
878"expenditure" does not include a purchase, payment,
879distribution, loan, advance, or gift of money or anything of
880value made for the purpose of influencing the results of an
881election when made by an organization, in existence prior to the
882time during which a candidate qualifies or an issue is placed on
883the ballot for that election, for the purpose of printing or
884distributing such organization's newsletter, containing a
885statement by such organization in support of or opposition to a
886candidate or issue, which newsletter is distributed only to
887members of such organization.
888     (b)  As used in this chapter, an "expenditure" for an
889electioneering communication is made when the earliest of the
890following occurs:
891     1.  A person enters into a contract for applicable goods or
892services;
893     2.  A person makes payment, in whole or in part, for the
894production or public dissemination of applicable goods or
895services; or
896     3.  The electioneering communication is publicly
897disseminated.
898     (14)  "Filing officer" means the person before whom a
899candidate qualifies, the agency or officer with whom a political
900committee or an electioneering communications organization
901registers, or the agency by whom a committee of continuous
902existence is certified.
903     (18)(a)  "Electioneering communication" means any
904communication that is publicly distributed by a television
905station, radio station, cable television system, satellite
906system, newspaper, magazine, direct mail, or telephone and a
907paid expression in any communications media prescribed in
908subsection (13) by means other than the spoken word in direct
909conversation that:
910     1.  Refers to or depicts a clearly identified candidate for
911office or contains a clear reference indicating that an issue is
912to be voted on at an election, without expressly advocating the
913election or defeat of a candidate but that is susceptible of no
914reasonable interpretation other than an appeal to vote for or
915against a specific candidate; or the passage or defeat of an
916issue.
917     2.  Is made within 30 days before a primary or special
918primary election or 60 days before any other election for the
919office sought by the candidate; and
920     3.  Is For communications referring to or depicting a
921clearly identified candidate for office, is targeted to the
922relevant electorate. A communication is considered targeted if
9231,000 or more persons in the geographic area the candidate would
924represent if elected will receive the communication.
925     3.  For communications containing a clear reference
926indicating that an issue is to be voted on at an election, is
927published after the issue is designated a ballot position or 120
928days before the date of the election on the issue, whichever
929occurs first.
930     (b)  The term "electioneering communication" does not
931include:
932     1.  A communication disseminated through a means of
933communication other than a television station, radio station,
934cable television system, satellite system, newspaper, magazine,
935direct mail, telephone, or statement or depiction by an
936organization, in existence prior to the time during which a
937candidate named or depicted qualifies or an issue identified is
938placed on the ballot for that election, made in that
939organization's newsletter, which newsletter is distributed only
940to members of that organization.
941     2.  A communication in a news story, commentary, or
942editorial distributed through the facilities of any radio
943station, television station, cable television system, or
944satellite system, unless the facilities are owned or controlled
945by any political party, political committee, or candidate. A
946news story distributed through the facilities owned or
947controlled by any political party, political committee, or
948candidate may nevertheless be exempt if it represents a bona
949fide news account communicated through a licensed broadcasting
950facility and the communication is part of a general pattern of
951campaign-related news accounts that give reasonably equal
952coverage to all opposing candidates in the area. An editorial
953endorsement, news story, commentary, or editorial by
954newspaper, radio, television station, or other recognized
955medium.
956     3.  A communication that constitutes a public debate or
957forum that includes at least two opposing candidates for an
958office or one advocate and one opponent of an issue, or that
959solely promotes such a debate or forum and is made by or on
960behalf of the person sponsoring the debate or forum, provided
961that:
962     a.  The staging organization is either:
963     (I)  A charitable organization that does not make other
964electioneering communications and does not otherwise support or
965oppose any political candidate or political party; or
966     (II)  A newspaper, radio station, television station, or
967other recognized news medium; and
968     b.  The staging organization does not structure the debate
969to promote or advance one candidate or issue position over
970another.
971     (c)  For purposes of this chapter, an expenditure made for,
972or in furtherance of, an electioneering communication shall not
973be considered a contribution to or on behalf of any candidate.
974     (d)  For purposes of this chapter, an electioneering
975communication shall not constitute an independent expenditure
976nor be subject to the limitations applicable to independent
977expenditures.
978     (19)  "Electioneering communications organization" means
979any group, other than a political party, political committee, or
980committee of continuous existence, whose election-related
981activities are limited to making expenditures for electioneering
982communications or accepting contributions for the purpose of
983making electioneering communications and whose activities would
984not otherwise require the group to register as a political
985party, political committee, or committee of continuous existence
986under this chapter.
987     Section 20.  Subsection (1) of section 106.022, Florida
988Statutes, is reenacted to read:
989     106.022  Appointment of a registered agent; duties.-
990     (1)  Each political committee, committee of continuous
991existence, or electioneering communications organization shall
992have and continuously maintain in this state a registered office
993and a registered agent and must file with the division a
994statement of appointment for the registered office and
995registered agent. The statement of appointment must:
996     (a)  Provide the name of the registered agent and the
997street address and phone number for the registered office;
998     (b)  Identify the entity for whom the registered agent
999serves;
1000     (c)  Designate the address the registered agent wishes to
1001use to receive mail;
1002     (d)  Include the entity's undertaking to inform the
1003division of any change in such designated address;
1004     (e)  Provide for the registered agent's acceptance of the
1005appointment, which must confirm that the registered agent is
1006familiar with and accepts the obligations of the position as set
1007forth in this section; and
1008     (f)  Contain the signature of the registered agent and the
1009entity engaging the registered agent.
1010     Section 21.  Paragraph (b) of subsection (1) of section
1011106.03, Florida Statutes, is reenacted and amended, and
1012subsections (2), (4), and (7) of that section are amended, to
1013read:
1014     106.03  Registration of political committees and
1015electioneering communications organizations.-
1016     (1)
1017     (b)1.  Each electioneering communications organization that
1018receives anticipates receiving contributions or makes making
1019expenditures during a calendar year in an aggregate amount
1020exceeding $5,000 shall file a statement of organization as
1021provided in subparagraph 2. subsection (3) by expedited delivery
1022within 24 hours after its organization or, if later, within 24
1023hours after the date on which it receives has information that
1024causes the organization to anticipate that it will receive
1025contributions or makes make expenditures for an electioneering
1026communication in excess of $5,000.
1027     2.a.  In a statewide, legislative, or multicounty election,
1028an electioneering communications organization shall file a
1029statement of organization with the Division of Elections.
1030     b.  In a countywide election or any election held on less
1031than a countywide basis, except as described in sub-subparagraph
1032c., an electioneering communications organization shall file a
1033statement of organization with the supervisor of elections of
1034the county in which the election is being held.
1035     c.  In a municipal election, an electioneering
1036communications organization shall file a statement of
1037organization with the officer before whom municipal candidates
1038qualify.
1039     d.  Any electioneering communications organization that
1040would be required to file a statement of organization in two or
1041more locations by reason of the organization's intention to
1042support or oppose candidates at state or multicounty and local
1043levels of government need only file a statement of organization
1044with the Division of Elections.
1045     (2)  The statement of organization shall include:
1046     (a)  The name, mailing address, and street address of the
1047committee or electioneering communications organization;
1048     (b)  The names, street addresses, and relationships of
1049affiliated or connected organizations;
1050     (c)  The area, scope, or jurisdiction of the committee or
1051electioneering communications organization;
1052     (d)  The name, mailing address, street address, and
1053position of the custodian of books and accounts;
1054     (e)  The name, mailing address, street address, and
1055position of other principal officers, including the treasurer
1056and deputy treasurer including officers and members of the
1057finance committee, if any;
1058     (f)  The name, address, office sought, and party
1059affiliation of:
1060     1.  Each candidate whom the committee is supporting;
1061     2.  Any other individual, if any, whom the committee is
1062supporting for nomination for election, or election, to any
1063public office whatever;
1064     (g)  Any issue or issues the committee such organization is
1065supporting or opposing;
1066     (h)  If the committee is supporting the entire ticket of
1067any party, a statement to that effect and the name of the party;
1068     (i)  A statement of whether the committee is a continuing
1069one;
1070     (j)  Plans for the disposition of residual funds which will
1071be made in the event of dissolution;
1072     (k)  A listing of all banks, safe-deposit boxes, or other
1073depositories used for committee or electioneering communications
1074organization funds; and
1075     (l)  A statement of the reports required to be filed by the
1076committee or the electioneering communications organization with
1077federal officials, if any, and the names, addresses, and
1078positions of such officials; and
1079     (m)  A statement of whether the electioneering
1080communications organization was formed as a newly created
1081organization during the current calendar quarter or was formed
1082from an organization existing prior to the current calendar
1083quarter. For purposes of this subsection, calendar quarters end
1084the last day of March, June, September, and December.
1085     (4)  Any change in information previously submitted in a
1086statement of organization shall be reported to the agency or
1087officer with whom such committee or electioneering
1088communications organization is required to register pursuant to
1089subsection (3), within 10 days following the change.
1090     (7)  The Division of Elections shall adopt promulgate rules
1091to prescribe the manner in which inactive committees and
1092electioneering communications organizations may be dissolved and
1093have their registration canceled. Such rules shall, at a
1094minimum, provide for:
1095     (a)  Notice which shall contain the facts and conduct which
1096warrant the intended action, including but not limited to
1097failure to file reports and limited activity.
1098     (b)  Adequate opportunity to respond.
1099     (c)  Appeal of the decision to the Florida Elections
1100Commission. Such appeals shall be exempt from the
1101confidentiality provisions of s. 106.25.
1102     Section 22.  Subsection (5) of section 106.04, Florida
1103Statutes, is reenacted to read:
1104     106.04  Committees of continuous existence.-
1105     (5)  No committee of continuous existence shall make an
1106electioneering communication, contribute to any candidate or
1107political committee an amount in excess of the limits contained
1108in s. 106.08(1), or participate in any activity which is
1109prohibited by this chapter. If any violation occurs, it shall be
1110punishable as provided in this chapter for the given offense. No
1111funds of a committee of continuous existence shall be expended
1112on behalf of a candidate, except by means of a contribution made
1113through the duly appointed campaign treasurer of a candidate. No
1114such committee shall make expenditures in support of, or in
1115opposition to, an issue unless such committee first registers as
1116a political committee pursuant to this chapter and undertakes
1117all the practices and procedures required thereof; provided such
1118committee may make contributions in a total amount not to exceed
111925 percent of its aggregate income, as reflected in the annual
1120report filed for the previous year, to one or more political
1121committees registered pursuant to s. 106.03 and formed to
1122support or oppose issues.
1123     Section 23.  Section 106.0703, Florida Statutes, is
1124reenacted and amended to read:
1125     106.0703  Electioneering communications organizations;
1126additional reporting requirements; certification and filing;
1127penalties.-
1128     (1)(a)  Each electioneering communications organization
1129shall file regular reports of all contributions received and all
1130expenditures made by or on behalf of the organization. Reports
1131shall be filed on the 10th day following the end of each
1132calendar quarter from the time the organization is registered.
1133However, if the 10th day following the end of a calendar quarter
1134occurs on a Saturday, Sunday, or legal holiday, the report shall
1135be filed on the next following day that is not a Saturday,
1136Sunday, or legal holiday. Quarterly reports shall include all
1137contributions received and expenditures made during the calendar
1138quarter that have not otherwise been reported pursuant to this
1139section.
1140     (b)  Following the last day of candidates qualifying for
1141office, the reports shall be filed on the 32nd, 18th, and 4th
1142days immediately preceding the primary election and on the 46th,
114332nd, 18th, and 4th days immediately preceding the general
1144election.
1145     (c)  When a special election is called to fill a vacancy in
1146office, all electioneering communications organizations making
1147contributions or expenditures to influence the results of the
1148special election shall file reports with the filing officer on
1149the dates set by the Department of State pursuant to s. 100.111.
1150     (d)  In addition, an electioneering communications
1151organization that is registered with the Department of State and
1152that makes a contribution or expenditure to influence the
1153results of a county or municipal election that is not being held
1154at the same time as a state or federal election must file
1155reports with the county or municipal filing officer on the same
1156dates as county or municipal candidates or committees for that
1157election. The electioneering communications organization must
1158also include the expenditure in the next report filed with the
1159Division of Elections pursuant to this section following the
1160county or municipal election.
1161     (e)  The filing officer shall make available to each
1162electioneering communications organization a schedule
1163designating the beginning and end of reporting periods as well
1164as the corresponding designated due dates.
1165     (2)(a)  Except as provided in s. 106.0705, the reports
1166required of an electioneering communications organization shall
1167be filed with the filing officer not later than 5 p.m. of the
1168day designated. However, any report postmarked by the United
1169States Postal Service no later than midnight of the day
1170designated shall be deemed to have been filed in a timely
1171manner. Any report received by the filing officer within 5 days
1172after the designated due date that was delivered by the United
1173States Postal Service shall be deemed timely filed unless it has
1174a postmark that indicates that the report was mailed after the
1175designated due date. A certificate of mailing obtained from and
1176dated by the United States Postal Service at the time of
1177mailing, or a receipt from an established courier company, which
1178bears a date on or before the date on which the report is due,
1179shall be proof of mailing in a timely manner. Reports shall
1180contain information of all previously unreported contributions
1181received and expenditures made as of the preceding Friday,
1182except that the report filed on the Friday immediately preceding
1183the election shall contain information of all previously
1184unreported contributions received and expenditures made as of
1185the day preceding the designated due date. All such reports
1186shall be open to public inspection.
1187     (b)1.  Any report that is deemed to be incomplete by the
1188officer with whom the electioneering communications organization
1189files shall be accepted on a conditional basis. The treasurer of
1190the electioneering communications organization shall be
1191notified, by certified mail or other common carrier that can
1192establish proof of delivery for the notice, as to why the report
1193is incomplete. Within 7 days after receipt of such notice, the
1194treasurer must file an addendum to the report providing all
1195information necessary to complete the report in compliance with
1196this section. Failure to file a complete report after such
1197notice constitutes a violation of this chapter.
1198     2.  Notice is deemed sufficient upon proof of delivery of
1199written notice to the mailing or street address of the treasurer
1200or registered agent of the electioneering communication
1201organization on record with the filing officer.
1202     (3)(a)  Each report required by this section must contain:
1203     1.  The full name, address, and occupation, if any, of each
1204person who has made one or more contributions to or for such
1205electioneering communications organization within the reporting
1206period, together with the amount and date of such contributions.
1207For corporations, the report must provide as clear a description
1208as practicable of the principal type of business conducted by
1209the corporation. However, if the contribution is $100 or less,
1210the occupation of the contributor or the principal type of
1211business need not be listed.
1212     2.  The name and address of each political committee from
1213which or to which the reporting electioneering communications
1214organization made any transfer of funds, together with the
1215amounts and dates of all transfers.
1216     3.  Each loan for electioneering communication purposes to
1217or from any person or political committee within the reporting
1218period, together with the full names, addresses, and occupations
1219and principal places of business, if any, of the lender and
1220endorsers, if any, and the date and amount of such loans.
1221     4.  A statement of each contribution, rebate, refund, or
1222other receipt not otherwise listed under subparagraphs 1.-3.
1223     5.  The total sums of all loans, in-kind contributions, and
1224other receipts by or for such electioneering communications
1225organization during the reporting period. The reporting forms
1226shall be designed to elicit separate totals for in-kind
1227contributions, loans, and other receipts.
1228     6.  The full name and address of each person to whom
1229expenditures have been made by or on behalf of the
1230electioneering communications organization within the reporting
1231period and the amount, date, and purpose of each expenditure.
1232     7.  The full name and address of each person to whom an
1233expenditure for personal services, salary, or reimbursement for
1234expenses has been made and that is not otherwise reported,
1235including the amount, date, and purpose of the expenditure.
1236     8.  The total sum of expenditures made by the
1237electioneering communications organization during the reporting
1238period.
1239     9.  The amount and nature of debts and obligations owed by
1240or to the electioneering communications organization that relate
1241to the conduct of any electioneering communication.
1242     10.  The amount and nature of any separate interest-bearing
1243accounts or certificates of deposit and identification of the
1244financial institution in which such accounts or certificates of
1245deposit are located.
1246     11.  The primary purposes of an expenditure made indirectly
1247through an electioneering communications organization for goods
1248and services, such as communications media placement or
1249procurement services and other expenditures that include
1250multiple components as part of the expenditure. The primary
1251purpose of an expenditure shall be that purpose, including
1252integral and directly related components, that comprises 80
1253percent of such expenditure.
1254     (b)  The filing officer shall make available to any
1255electioneering communications organization a reporting form
1256which the electioneering communications organization may use to
1257indicate contributions received by the electioneering
1258communications organization but returned to the contributor
1259before deposit.
1260     (4)  The treasurer of the electioneering communications
1261organization shall certify as to the correctness of each report,
1262and each person so certifying shall bear the responsibility for
1263the accuracy and veracity of each report. Any treasurer who
1264willfully certifies the correctness of any report while knowing
1265that such report is incorrect, false, or incomplete commits a
1266misdemeanor of the first degree, punishable as provided in s.
1267775.082 or s. 775.083.
1268     (5)  The electioneering communications organization
1269depository shall provide statements reflecting deposits and
1270expenditures from the account to the treasurer, who shall retain
1271the records pursuant to s. 106.06. The records maintained by the
1272depository with respect to the account shall be subject to
1273inspection by an agent of the Division of Elections or the
1274Florida Elections Commission at any time during normal banking
1275hours, and such depository shall furnish certified copies of any
1276such records to the Division of Elections or the Florida
1277Elections Commission upon request.
1278     (6)  Notwithstanding any other provisions of this chapter,
1279in any reporting period during which an electioneering
1280communications organization has not received funds, made any
1281contributions, or expended any reportable funds, the treasurer
1282shall file a written report with the filing officer by the
1283prescribed reporting date that no reportable contributions or
1284expenditures were made during the reporting period.
1285     (7)(a)  Any electioneering communications organization
1286failing to file a report on the designated due date shall be
1287subject to a fine as provided in paragraph (b) for each late
1288day. The fine shall be assessed by the filing officer and the
1289moneys collected shall be deposited:
1290     1.  In the General Revenue Fund, in the case of an
1291electioneering communications organization that registers with
1292the Division of Elections; or
1293     2.  In the general revenue fund of the political
1294subdivision, in the case of an electioneering communications
1295organization that registers with an officer of a political
1296subdivision.
1297
1298No separate fine shall be assessed for failure to file a copy of
1299any report required by this section.
1300     (b)  Upon determining that a report is late, the filing
1301officer shall immediately notify the electioneering
1302communications organization as to the failure to file a report
1303by the designated due date and that a fine is being assessed for
1304each late day. The fine shall be $50 per day for the first 3
1305days late and, thereafter, $500 per day for each late day, not
1306to exceed 25 percent of the total receipts or expenditures,
1307whichever is greater, for the period covered by the late report.
1308However, for the reports immediately preceding each primary and
1309general election, the fine shall be $500 per day for each late
1310day, not to exceed 25 percent of the total receipts or
1311expenditures, whichever is greater, for the period covered by
1312the late report. Upon receipt of the report, the filing officer
1313shall determine the amount of the fine which is due and shall
1314notify the electioneering communications organization. The
1315filing officer shall determine the amount of the fine due based
1316upon the earliest of the following:
1317     1.  When the report is actually received by such officer.
1318     2.  When the report is postmarked.
1319     3.  When the certificate of mailing is dated.
1320     4.  When the receipt from an established courier company is
1321dated.
1322     5.  When the electronic receipt issued pursuant to s.
1323106.0705 or other electronic filing system authorized in this
1324section is dated.
1325
1326Such fine shall be paid to the filing officer within 20 days
1327after receipt of the notice of payment due, unless appeal is
1328made to the Florida Elections Commission pursuant to paragraph
1329(c). Notice is deemed sufficient upon proof of delivery of
1330written notice to the mailing or street address on record with
1331the filing officer. An officer or member of an electioneering
1332communications organization shall not be personally liable for
1333such fine.
1334     (c)  The treasurer of an electioneering communications
1335organization may appeal or dispute the fine, based upon, but not
1336limited to, unusual circumstances surrounding the failure to
1337file on the designated due date, and may request and shall be
1338entitled to a hearing before the Florida Elections Commission,
1339which shall have the authority to waive the fine in whole or in
1340part. The Florida Elections Commission must consider the
1341mitigating and aggravating circumstances contained in s.
1342106.265(1) when determining the amount of a fine, if any, to be
1343waived. Any such request shall be made within 20 days after
1344receipt of the notice of payment due. In such case, the
1345treasurer of the electioneering communications organization
1346shall, within the 20-day period, notify the filing officer in
1347writing of his or her intention to bring the matter before the
1348commission.
1349     (d)  The appropriate filing officer shall notify the
1350Florida Elections Commission of the repeated late filing by an
1351electioneering communications organization, the failure of an
1352electioneering communications organization to file a report
1353after notice, or the failure to pay the fine imposed. The
1354commission shall investigate only those alleged late filing
1355violations specifically identified by the filing officer and as
1356set forth in the notification. Any other alleged violations must
1357be stated separately and reported by the division to the
1358commission under s. 106.25(2).
1359     (8)  In addition to the reporting requirements in s.
1360106.07, An electioneering communications organization shall,
1361within 2 days after receiving its initial password or secure
1362sign-on from the Department of State allowing confidential
1363access to the department's electronic campaign finance filing
1364system, electronically file the periodic campaign finance
1365reports that would have been required pursuant to this section
1366s. 106.07 for reportable activities that occurred since the date
1367of the last general election.
1368     (9) Electioneering communications organizations shall not
1369use credit cards.
1370     Section 24.  Paragraph (b) of subsection (2) of section
1371106.0705, Florida Statutes, is reenacted, and subsections (3)
1372and (4) of that section are amended, to read:
1373     106.0705  Electronic filing of campaign treasurer's
1374reports.-
1375     (2)
1376     (b)  Each political committee, committee of continuous
1377existence, electioneering communications organization, or state
1378executive committee that is required to file reports with the
1379division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29,
1380as applicable, must file such reports with the division by means
1381of the division's electronic filing system.
1382     (3)  Reports filed pursuant to this section shall be
1383completed and filed through the electronic filing system not
1384later than midnight of the day designated. Reports not filed by
1385midnight of the day designated are late filed and are subject to
1386the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),
1387or s. 106.29(3), as applicable.
1388     (4)  Each report filed pursuant to this section is
1389considered to be under oath by the candidate and treasurer, or
1390the chair and treasurer, or the treasurer under s. 106.0703,
1391whichever is applicable, and such persons are subject to the
1392provisions of s. 106.04(4)(d), s. 106.07(5), s. 106.0703(4), or
1393s. 106.29(2), as applicable. Persons given a secure sign-on to
1394the electronic filing system are responsible for protecting such
1395from disclosure and are responsible for all filings using such
1396credentials, unless they have notified the division that their
1397credentials have been compromised.
1398     Section 25.  Subsection (1) of section 106.071, Florida
1399Statutes, is reenacted and amended to read:
1400     106.071  Independent expenditures; electioneering
1401communications; reports; disclaimers.-
1402     (1)  Each person who makes an independent expenditure with
1403respect to any candidate or issue, and each individual who makes
1404an expenditure for an electioneering communication which is not
1405otherwise reported pursuant to this chapter, which expenditure,
1406in the aggregate, is in the amount of $5,000 $100 or more, shall
1407file periodic reports of such expenditures in the same manner,
1408at the same time, subject to the same penalties, and with the
1409same officer as a political committee supporting or opposing
1410such candidate or issue. The report shall contain the full name
1411and address of the person making the expenditure; the full name
1412and address of each person to whom and for whom each such
1413expenditure has been made; the amount, date, and purpose of each
1414such expenditure; a description of the services or goods
1415obtained by each such expenditure; the issue to which the
1416expenditure relates; and the name and address of, and office
1417sought by, each candidate on whose behalf such expenditure was
1418made.
1419     Section 26.  Subsections (4) and (5) of section 106.08,
1420Florida Statutes, are amended, and subsection (7) of that
1421section is reenacted, to read:
1422     106.08  Contributions; limitations on.-
1423     (4)(a)  Any contribution received by the chair, campaign
1424treasurer, or deputy campaign treasurer of a political committee
1425supporting or opposing a candidate with opposition in an
1426election or supporting or opposing an issue on the ballot in an
1427election on the day of that election or less than 5 days prior
1428to the day of that election may not be obligated or expended by
1429the committee until after the date of the election.
1430     (b)  Any contribution received by an electioneering
1431communications organization on the day of an election or less
1432than 5 days prior to the day of that election may not be
1433obligated or expended by the organization until after the date
1434of the election and may not be expended to pay for any
1435obligation arising prior to the election.
1436     (5)(a)  A person may not make any contribution through or
1437in the name of another, directly or indirectly, in any election.
1438     (b)  Candidates, political committees, and political
1439parties may not solicit contributions from any religious,
1440charitable, civic, or other causes or organizations established
1441primarily for the public good.
1442     (c)  Candidates, political committees, and political
1443parties may not make contributions, in exchange for political
1444support, to any religious, charitable, civic, or other cause or
1445organization established primarily for the public good. It is
1446not a violation of this paragraph for:
1447     1.  A candidate, political committee, or political party
1448executive committee to make gifts of money in lieu of flowers in
1449memory of a deceased person;
1450     2.  A candidate to continue membership in, or make regular
1451donations from personal or business funds to, religious,
1452political party, civic, or charitable groups of which the
1453candidate is a member or to which the candidate has been a
1454regular donor for more than 6 months; or
1455     3.  A candidate to purchase, with campaign funds, tickets,
1456admission to events, or advertisements from religious, civic,
1457political party, or charitable groups.
1458     (d)  An electioneering communications organization may not
1459accept a contribution from an organization exempt from taxation
1460under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
1461than a political committee, committee of continuous existence,
1462or political party, unless the contributing organization has
1463registered as if the organization were an electioneering
1464communications organization pursuant to s. 106.03 and has filed
1465all campaign finance reports required of electioneering
1466communications organizations pursuant to ss. 106.07 and
1467106.0703.
1468     (7)(a)  Any person who knowingly and willfully makes or
1469accepts no more than one contribution in violation of subsection
1470(1) or subsection (5), or any person who knowingly and willfully
1471fails or refuses to return any contribution as required in
1472subsection (3), commits a misdemeanor of the first degree,
1473punishable as provided in s. 775.082 or s. 775.083. If any
1474corporation, partnership, or other business entity or any
1475political party, political committee, committee of continuous
1476existence, or electioneering communications organization is
1477convicted of knowingly and willfully violating any provision
1478punishable under this paragraph, it shall be fined not less than
1479$1,000 and not more than $10,000. If it is a domestic entity, it
1480may be ordered dissolved by a court of competent jurisdiction;
1481if it is a foreign or nonresident business entity, its right to
1482do business in this state may be forfeited. Any officer,
1483partner, agent, attorney, or other representative of a
1484corporation, partnership, or other business entity, or of a
1485political party, political committee, committee of continuous
1486existence, electioneering communications organization, or
1487organization exempt from taxation under s. 527 or s. 501(c)(4)
1488of the Internal Revenue Code, who aids, abets, advises, or
1489participates in a violation of any provision punishable under
1490this paragraph commits a misdemeanor of the first degree,
1491punishable as provided in s. 775.082 or s. 775.083.
1492     (b)  Any person who knowingly and willfully makes or
1493accepts two or more contributions in violation of subsection (1)
1494or subsection (5) commits a felony of the third degree,
1495punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1496If any corporation, partnership, or other business entity or any
1497political party, political committee, committee of continuous
1498existence, or electioneering communications organization is
1499convicted of knowingly and willfully violating any provision
1500punishable under this paragraph, it shall be fined not less than
1501$10,000 and not more than $50,000. If it is a domestic entity,
1502it may be ordered dissolved by a court of competent
1503jurisdiction; if it is a foreign or nonresident business entity,
1504its right to do business in this state may be forfeited. Any
1505officer, partner, agent, attorney, or other representative of a
1506corporation, partnership, or other business entity, or of a
1507political committee, committee of continuous existence,
1508political party, or electioneering communications organization,
1509or organization exempt from taxation under s. 527 or s.
1510501(c)(4) of the Internal Revenue Code, who aids, abets,
1511advises, or participates in a violation of any provision
1512punishable under this paragraph commits a felony of the third
1513degree, punishable as provided in s. 775.082, s. 775.083, or s.
1514775.084.
1515     Section 27.  Section 106.1437, Florida Statutes, is
1516reenacted to read:
1517     106.1437  Miscellaneous advertisements.-Any advertisement,
1518other than a political advertisement, independent expenditure,
1519or electioneering communication, on billboards, bumper stickers,
1520radio, or television, or in a newspaper, a magazine, or a
1521periodical, intended to influence public policy or the vote of a
1522public official, shall clearly designate the sponsor of such
1523advertisement by including a clearly readable statement of
1524sponsorship. If the advertisement is broadcast on television,
1525the advertisement shall also contain a verbal statement of
1526sponsorship. This section shall not apply to an editorial
1527endorsement.
1528     Section 28.  Section 106.1439, Florida Statutes, is
1529reenacted and amended to read:
1530     106.1439  Electioneering communications; disclaimers.-
1531     (1)  Any electioneering communication, other than a
1532telephone call, shall prominently state: "Paid electioneering
1533communication paid for by ...(Name and address of person paying
1534for the communication)...."
1535     (2)  Any electioneering communication telephone call shall
1536identify the persons or organizations sponsoring the call by
1537stating either: "Paid for by ...(insert name of persons or
1538organizations sponsoring the call)...." or "Paid for on behalf
1539of ...(insert name of persons or organizations authorizing
1540call)...." This subsection does not apply to any telephone call
1541in which the individual making the call is not being paid and
1542the individuals participating in the call know each other prior
1543to the call.
1544     (3)(2)  Any person who fails to include the disclaimer
1545prescribed in this section in any electioneering communication
1546that is required to contain such disclaimer commits a
1547misdemeanor of the first degree, punishable as provided in s.
1548775.082 or s. 775.083.
1549     Section 29.  Paragraphs (a) and (e) of subsection (1) of
1550section 106.147, Florida Statutes, are amended to read:
1551     106.147  Telephone solicitation; disclosure requirements;
1552prohibitions; exemptions; penalties.-
1553     (1)(a)  Any electioneering communication telephone call or
1554any telephone call supporting or opposing a candidate, elected
1555public official, or ballot proposal must identify the persons or
1556organizations sponsoring the call by stating either: "paid for
1557by ...." (insert name of persons or organizations sponsoring the
1558call) or "paid for on behalf of ...." (insert name of persons or
1559organizations authorizing call). This paragraph does not apply
1560to any telephone call in which both the individual making the
1561call is not being paid and the individuals participating in the
1562call know each other prior to the call.
1563     (e)  Any electioneering communication paid for with public
1564funds must include a disclaimer containing the words "paid for
1565by ...(Name of the government entity paying for the
1566communication)...."
1567     Section 30.  Section 106.17, Florida Statutes, is reenacted
1568to read:
1569     106.17  Polls and surveys relating to candidacies.-Any
1570candidate, political committee, committee of continuous
1571existence, electioneering communication organization, or state
1572or county executive committee of a political party may authorize
1573or conduct a political poll, survey, index, or measurement of
1574any kind relating to candidacy for public office so long as the
1575candidate, political committee, committee of continuous
1576existence, electioneering communication organization, or
1577political party maintains complete jurisdiction over the poll in
1578all its aspects.
1579     Section 31.  Subsection (11) of section 379.352, Florida
1580Statutes, is amended to read:
1581     379.352  Recreational licenses, permits, and authorization
1582numbers to take wild animal life, freshwater aquatic life, and
1583marine life; issuance; costs; reporting.-
1584     (11)  When acting in its official capacity pursuant to this
1585section, neither the commission nor a subagent is deemed a
1586third-party registration organization, as defined in s. 97.021
1587s. 97.021(36), or a voter registration agency, as defined in s.
158897.021 s. 97.021(40), and is not authorized to solicit, accept,
1589or collect voter registration applications or provide voter
1590registration services.
1591     Section 32.  Except as otherwise expressly provided in this
1592act, this act shall take effect upon becoming a law.


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