Senate Bill 0314c1

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    Florida Senate - 1999                            CS for SB 314

    By the Committee on Ethics and Elections; and Senators
    Latvala, Brown-Waite, Lee, Sebesta, Saunders, Kirkpatrick and
    Carlton



    313-1178-99

  1                      A bill to be entitled

  2         An act relating to elections; providing a short

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

  4         definitions of the terms "political committee,"

  5         "contribution," "expenditure," and "political

  6         advertisement"; amending s. 106.021, F.S.;

  7         placing restrictions on certain endorsements;

  8         amending s. 106.03, F.S.; providing additional

  9         requirements for registration of political

10         committees and committees of continuous

11         existence; amending s. 106.04, F.S.; requiring

12         committees of continuous existence to update

13         certain registration information; prohibiting

14         committees of continuous existence from making

15         certain expenditures; amending s. 106.07, F.S.;

16         providing additional reporting requirements for

17         campaign treasurer reports of certain political

18         committees and committees of continuous

19         existence; amending s. 106.08, F.S.; revising

20         the contribution limit for statewide

21         candidates; revising the restrictions on

22         contributions by a political party; limiting

23         the amount of contributions to a political

24         party; providing a penalty; reenacting ss.

25         106.04(2), 106.075(2), 106.087(1)(a),

26         106.19(1), 106.29(6), F.S.; conforming

27         cross-references to incorporate changes made by

28         the act; providing an effective date.

29

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

31

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  1         Section 1.  This act may be cited as the "Campaign

  2  Finance Reform Act."

  3         Section 2.  Subsections (1), (3), (4), and (17) of

  4  section 106.011, Florida Statutes, are amended to read:

  5         106.011  Definitions.--As used in this chapter, the

  6  following terms have the following meanings unless the context

  7  clearly indicates otherwise:

  8         (1)  "Political committee" means a combination of two

  9  or more individuals, or a person other than an individual, the

10  primary or incidental purpose of which is to support or oppose

11  any candidate, issue, or political party, which accepts

12  contributions or makes expenditures during a calendar year in

13  an aggregate amount in excess of $500.; "Political committee"

14  also means the sponsor of a proposed constitutional amendment

15  by initiative who intends to seek the signatures of registered

16  electors. "Political committee" also means a combination of

17  two or more individuals or a person other than an individual

18  which anticipates spending funds, or makes expenditures, for

19  political advertising in support of or in opposition to an

20  elected public official during a calendar year in an aggregate

21  amount in excess of $500. Organizations which are certified by

22  the Department of State as committees of continuous existence

23  pursuant to s. 106.04, national political parties, and the

24  state and county executive committees of political parties

25  regulated by chapter 103 shall not be considered political

26  committees for the purposes of this chapter. Corporations

27  regulated by chapter 607 or chapter 617 or other business

28  entities formed for purposes other than to support or oppose

29  issues or candidates are not political committees if their

30  political activities are limited to contributions to

31  candidates, political parties, or political committees or

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  1  expenditures in support of or opposition to an issue from

  2  corporate or business funds and if no contributions are

  3  received by such corporations or business entities.

  4         (3)  "Contribution" means:

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

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

  7  including contributions in kind having an attributable

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

  9  influencing the results of an election.

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

11  between committees of continuous existence, or between a

12  political committee and a committee of continuous existence.

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

14  or political committee, of compensation for the personal

15  services of another person which are rendered to a candidate

16  or political committee without charge to the candidate or

17  committee for such services.

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

19  deputy campaign treasurer between a primary depository and a

20  separate interest-bearing account or certificate of deposit,

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

22  certificate.

23         (e)  Any funds received by a political committee which

24  are used or intended to be used, directly or indirectly, to

25  pay for a political advertisement supporting or opposing an

26  elected public official.

27

28  Notwithstanding the foregoing meanings of "contribution," the

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

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

31  without compensation by individuals volunteering a portion or

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

  2  committee.  This definition shall not be construed to include

  3  editorial endorsements.

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

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

  6  treasurer or deputy campaign treasurer between a primary

  7  depository and a separate interest-bearing account or

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

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

10  or for purchasing a political advertisement supporting or

11  opposing an elected public official. However, "expenditure"

12  does not include a purchase, payment, distribution, loan,

13  advance, or gift of money or anything of value made for the

14  purpose of influencing the results of an election when made by

15  an organization, in existence prior to the time during which a

16  candidate qualifies or an issue is placed on the ballot for

17  that election, for the purpose of printing or distributing

18  such organization's newsletter, containing a statement by such

19  organization in support of or opposition to a candidate or

20  issue, which newsletter is distributed only to members of such

21  organization.

22         (17)(a)  "Political advertisement" means a paid

23  expression in any communications media prescribed in

24  subsection (13), whether radio, television, newspaper,

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

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

27  conversation, which shall support or oppose any candidate,

28  elected public official, or issue. "Political advertisement"

29  means a paid expression in any communications media prescribed

30  in subsection (13), whether radio, television, newspaper,

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

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

  2  conversation, which shall support or oppose any candidate,

  3  elected public official, or issue. "Political advertisement"

  4  also includes a paid expression in any communications media

  5  described in subsection (13), whether radio, television,

  6  newspaper, magazine, periodical, campaign literature, direct

  7  mail, or display, or by means other than the spoken word in

  8  direct conversation which mentions or shows a clearly

  9  identifiable candidate for election or reelection and is

10  distributed at any point during the period following the last

11  day of qualifying for that candidacy through the ensuing

12  general election.

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

14  include:

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

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

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

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

19  newsletter, which newsletter is distributed only to the

20  members of that organization.

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

22  or television station, or other recognized news medium.

23         3.  A paid expression in any communications media which

24  mentions or shows a clearly identifiable candidate for

25  election or reelection and which:

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

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

28  other advertisements for that business which have mentioned or

29  shown the candidate and have been distributed regularly over a

30  period of at least 1 year before the qualifying period for

31  that candidacy; or

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  1         b.  Is distributed or broadcast only to areas other

  2  than the geographical area of the electorate for that

  3  candidacy.

  4         Section 3.  Section 106.03, Florida Statutes, is

  5  amended to read:

  6         106.03  Registration of political committees.--

  7         (1)  Each political committee which anticipates

  8  receiving contributions or making expenditures during a

  9  calendar year in an aggregate amount exceeding $500 or which

10  is seeking the signatures of registered electors in support of

11  an initiative shall file a statement of organization as

12  provided in subsection (4) (3) within 10 days after its

13  organization or, if later, within 10 days after the date on

14  which it has information which causes the committee to

15  anticipate that it will receive contributions or make

16  expenditures in excess of $500.  If a political committee is

17  organized within 10 days of any election, it shall immediately

18  file the statement of organization required by this section.

19         (2)  The statement of organization shall include:

20         (a)  The name and address of the committee;

21         (b)  The names, addresses, and relationships of

22  affiliated or connected organizations;

23         (c)  The area, scope, or jurisdiction of the committee;

24         (d)  The name, address, and position, and principal

25  employer of the custodian of books and accounts;

26         (e)  The name, address, and position, and principal

27  employer of each other principal officers, including officers

28  and members of the finance committee, if any;

29         (f)  The name, address, office sought, and party

30  affiliation of:

31         1.  Each candidate whom the committee is supporting;

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  1         2.  Any other individual, if any, whom the committee is

  2  supporting for nomination for election, or election, to any

  3  public office whatever;

  4         (g)  Any issue or issues such organization is

  5  supporting or opposing;

  6         (h)  If the committee is supporting the entire ticket

  7  of any party, a statement to that effect and the name of the

  8  party;

  9         (i)  A statement of whether the committee is a

10  continuing one;

11         (j)  Plans for the disposition of residual funds which

12  will be made in the event of dissolution;

13         (k)  A listing of all banks, safe-deposit boxes, or

14  other depositories used for committee funds; and

15         (l)  A statement of the reports required to be filed by

16  the committee with federal officials, if any, and the names,

17  addresses, and positions of such officials.

18         (3)(a)  The name of the committee provided in the

19  statement of organization must include the name of the

20  corporation, labor union, professional association, political

21  committee, committee of continuous existence, or other

22  business entity whose officials, employees, agents, or

23  members, directly or indirectly, established or organized the

24  committee, if any.

25         (b)  If the name of the committee provided in the

26  statement or organization does not include the name of a

27  corporation, labor union, professional association, political

28  committee, committee of continuous existence, or other

29  business entity, the name must include the economic or special

30  interest, if identifiable, principally represented by the

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  1  committee's organizers or intended to be advanced by the

  2  committee's receipts.

  3         (c)  Any person who knowingly and willfully violates

  4  this section shall be fined not less than $1,000 and not more

  5  than $10,000 for each violation. Any officer, partner, agent,

  6  attorney, or other representative of a corporation, labor

  7  union, professional association, political committee,

  8  committee of continuous existence, or other business entity

  9  who aids, abets, advises, or participates in a violation of

10  any provision of this section shall be fined not less than

11  $1,000 and not more than $10,000 for each violation.

12         (d)  Any committee organized before January 1, 2000,

13  shall have until April 1, 2000, to amend its name, if

14  necessary, to comply with the requirements of this subsection.

15         (4)(3)(a)  A political committee which is organized to

16  support or oppose statewide, legislative, or multicounty

17  candidates or issues to be voted upon on a statewide or

18  multicounty basis shall file a statement of organization with

19  the Division of Elections.

20         (b)  Except as provided in paragraph (c), a political

21  committee which is organized to support or oppose candidates

22  or issues to be voted on in a countywide election or

23  candidates or issues in any election held on less than a

24  countywide basis shall file a statement of organization with

25  the supervisor of elections of the county in which such

26  election is being held.

27         (c)  A political committee which is organized to

28  support or oppose only candidates for municipal office or

29  issues to be voted on in a municipal election shall file a

30  statement of organization with the officer before whom

31  municipal candidates qualify.

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  1         (d)  Any political committee which would be required

  2  under this subsection to file a statement of organization in

  3  two or more locations by reason of the committee's intention

  4  to support or oppose candidates or issues at state or

  5  multicounty and local levels of government need file only with

  6  the Division of Elections.

  7         (5)(4)  Any change in information previously submitted

  8  in a statement of organization shall be reported to the agency

  9  or officer with whom such committee is required to register

10  pursuant to subsection (4)(3), within 10 days following the

11  change.

12         (6)(5)  Any committee which, after having filed one or

13  more statements of organization, disbands or determines it

14  will no longer receive contributions or make expenditures

15  during the calendar year in an aggregate amount exceeding $500

16  shall so notify the agency or officer with whom such committee

17  is required to file the statement of organization.

18         (7)(6)  If the filing officer finds that a political

19  committee has filed its statement of organization consistent

20  with the requirements of subsection (2), it shall notify the

21  committee in writing that it has been registered as a

22  political committee. If the filing officer finds that a

23  political committee's statement of organization does not meet

24  the requirements of subsection (2), it shall notify the

25  committee of such finding and shall state in writing the

26  reasons for rejection of the statement of organization.

27         (8)(7)  The Division of Elections shall adopt

28  promulgate rules to prescribe the manner in which inactive

29  committees may be dissolved and have their registration

30  canceled. Such rules shall, at a minimum, provide for:

31

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  1         (a)  Notice which shall contain the facts and conduct

  2  which warrant the intended action, including but not limited

  3  to failure to file reports and limited activity.

  4         (b)  Adequate opportunity to respond.

  5         (c)  Appeal of the decision to the Florida Elections

  6  Commission.  Such appeals shall be exempt from the

  7  confidentiality provisions of s. 106.25.

  8         Section 4.  Subsections (2) and (5) of section 106.04,

  9  Florida Statutes, are amended to read:

10         106.04  Committees of continuous existence.--

11         (2)  Any group, organization, association, or other

12  entity may seek certification from the Department of State as

13  a committee of continuous existence by filing an application

14  with the Division of Elections on a form provided by the

15  division. Such application shall provide the information

16  required of political committees by s. 106.03(2) and s.

17  106.03(3), and any change in such information shall be

18  reported pursuant to s. 106.03(5).  Each application shall be

19  accompanied by the name and street address of the principal

20  officer of the applying entity as of the date of the

21  application; a copy of the charter or bylaws of the

22  organization; a copy of the dues or assessment schedule of the

23  organization, or formula by which dues or assessments are

24  levied; and a complete financial statement or annual audit

25  summarizing all income received, and all expenses incurred, by

26  the organization during the 12 months preceding the date of

27  application.  A membership list shall be made available for

28  inspection if deemed necessary by the division.

29         (5)  No committee of continuous existence shall

30  contribute to any candidate or political committee an amount

31  in excess of the limits contained in s. 106.08(1) or

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  1  participate in any other activity which is prohibited by this

  2  chapter.  If any violation occurs, it shall be punishable as

  3  provided in this chapter for the given offense.  No funds of a

  4  committee of continuous existence shall be expended on behalf

  5  of a candidate, except by means of a contribution made through

  6  the duly appointed campaign treasurer of a candidate.  No such

  7  committee shall make expenditures in support of, or in

  8  opposition to, an issue or an elected public official unless

  9  such committee first registers as a political committee

10  pursuant to this chapter and undertakes all the practices and

11  procedures required thereof; provided such committee may make

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

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

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

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

16  oppose issues.

17         Section 5.  Subsection (3) of section 106.021, Florida

18  Statutes, is amended to read:

19         106.021  Campaign treasurers; deputies; primary and

20  secondary depositories.--

21         (3)(a)  Except for independent expenditures, no

22  contribution or expenditure, including contributions or

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

24  shall be directly or indirectly made or received in

25  furtherance of the candidacy of any person for nomination or

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

27  political committee except through the duly appointed campaign

28  treasurer of the candidate or political committee.

29         (b)  Notwithstanding the provisions of paragraph (a)

30  However, expenditures may be made directly by any political

31  committee or political party regulated by chapter 103 for

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

  2  medium for the purpose of jointly endorsing three or more

  3  candidates., and Any such expenditure for an endorsement which

  4  allocates substantially equal time, space, or service to each

  5  candidate, or for an endorsement in a general election which

  6  lists all nominees of a political party in the area covered by

  7  the broadcast or mailing, shall not be considered a

  8  contribution or expenditure to or on behalf of any such

  9  candidates for the purposes of this chapter.

10         Section 6.  Subsections (3) and (4) of section 106.07,

11  Florida Statutes, are amended to read:

12         106.07  Reports; certification and filing.--

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

14  filed with the agency or officer before whom such committee

15  registers pursuant to s. 106.03(4) s. 106.03(3) and shall be

16  subject to the same filing conditions as established for

17  candidates' reports.  Only committees that file with the

18  Department of State shall file the original and one copy of

19  their reports.  Incomplete reports by political committees

20  shall be treated in the manner provided for incomplete reports

21  by candidates in subsection (2).

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

23  contain:

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

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

26  such committee or candidate within the reporting period,

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

28  corporations, the report must provide as clear a description

29  as practicable of the principal type of business conducted by

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

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

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  1  the relationship is reported, the occupation of the

  2  contributor or the principal type of business need not be

  3  listed.

  4         2.  For reporting committees whose name does not

  5  include the name of a corporation, labor union, professional

  6  association, political committee, committee of continuous

  7  existence, or other business entity, or economic or special

  8  interest, the report must include as clear a description as

  9  practicable of a common economic or other special interest, if

10  any, of a majority of the committee's contributors. For

11  purposes of this subparagraph, the term "majority of the

12  committee's contributors" means more than 50 percent of the

13  total number of contributors who have contributed in excess of

14  $100 or more than 50 percent of the sum of all contributions

15  received in excess of $100 each.

16         3.2.  The name and address of each political committee

17  from which the reporting committee or the candidate received,

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

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

20  transfers.

21         4.3.  Each loan for campaign purposes to or from any

22  person or political committee within the reporting period,

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

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

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

26         5.4.  A statement of each contribution, rebate, refund,

27  or other receipt not otherwise listed under subparagraphs 1.

28  through 3.

29         6.5.  The total sums of all loans, in-kind

30  contributions, and other receipts by or for such committee or

31  candidate during the reporting period. The reporting forms

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  1  shall be designed to elicit separate totals for in-kind

  2  contributions, loans, and other receipts.

  3         7.6.  The full name and address of each person to whom

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

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

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

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

  8  expenditure was made.  However, expenditures made from the

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

10  individually.

11         8.7.  The full name and address of each person to whom

12  an expenditure for personal services, salary, or reimbursement

13  for authorized expenses has been made and which is not

14  otherwise reported, including the amount, date, and purpose of

15  such expenditure.  However, expenditures made from the petty

16  cash fund provided for in s. 106.12 need not be reported

17  individually.

18         9.8.  The total amount withdrawn and the total amount

19  spent for petty cash purposes pursuant to this chapter during

20  the reporting period.

21         10.9.  The total sum of expenditures made by such

22  committee or candidate during the reporting period.

23         11.10.  The amount and nature of debts and obligations

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

25  conduct of any political campaign.

26         12.11.  A copy of each credit card statement which

27  shall be included in the next report following receipt thereof

28  by the candidate or political committee. Receipts for each

29  credit card purchase shall be retained by the treasurer with

30  the records for the campaign account.

31

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  1         13.12.  The amount and nature of any separate

  2  interest-bearing accounts or certificates of deposit and

  3  identification of the financial institution in which such

  4  accounts or certificates of deposit are located.

  5         (b)  The filing officer shall make available to any

  6  candidate or committee a reporting form which the candidate or

  7  committee may use to indicate contributions received by the

  8  candidate or committee but returned to the contributor before

  9  deposit.

10         Section 7.  Section 106.08, Florida Statutes, is

11  amended to read:

12         106.08  Contributions; limitations on.--

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

14  political committee, or committee of continuous existence may,

15  in any election, make contributions in excess of $1,000 to a

16  candidate for statewide office or $500 to any other candidate

17  for election to or retention in office or to any political

18  committee supporting or opposing one or more candidates.

19  Candidates for the offices of Governor and Lieutenant Governor

20  on the same ticket are considered a single candidate for the

21  purpose of this section.

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

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

24  county executive committee of a political party regulated by

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

26  her own campaign.

27         2.  Notwithstanding the limits provided in this

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

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

30  candidate or to any political committee supporting one or more

31  candidates.

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  1         (c)  The contribution limits of this subsection apply

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

  3  primary, second primary, and general election are separate

  4  elections so long as the candidate is not an unopposed

  5  candidate as defined in s. 106.011(15).  However, for the

  6  purpose of contribution limits with respect to candidates for

  7  retention as a justice of the Supreme Court or judge of a

  8  district court of appeal, there is only one election, which is

  9  the general election, and with respect to candidates for

10  circuit judge or county court judge, there are only two

11  elections, which are the first primary election and general

12  election.

13         (2)(a)  A candidate may not accept contributions from

14  national, state, including any subordinate committee of a

15  national, state, or county committee of a political party, and

16  county executive committees of a political party, which

17  contributions in the aggregate exceed $100,000 for a candidate

18  for statewide office or $50,000 for any other candidate., No

19  more than half $25,000 of these contributions which may be

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

21  date of the general election.

22         (b)  Polling services, research services, costs for

23  campaign staff, professional consulting services, and

24  telephone calls are not contributions to be counted toward the

25  contribution limits of paragraph (a).  Any item not expressly

26  identified in this paragraph as nonallocable is a contribution

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

28  must be counted as allocable toward the $50,000 contribution

29  limits of paragraph (a). Nonallocable, in-kind contributions

30  must be reported by the candidate under s. 106.07 and by the

31  political party under s. 106.29.

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  1         (3)(a)  Any contribution received by a candidate with

  2  opposition in an election or by the campaign treasurer or a

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

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

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

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

  7  or on behalf of the candidate.

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

  9  contribution received by a candidate or by the campaign

10  treasurer or a deputy campaign treasurer of a candidate after

11  the date at which the candidate withdraws his or her

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

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

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

15  expended by or on behalf of the candidate.

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

17  which an independent or minor party candidate has filed as

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

19  is pending a determination by the Department of State or

20  supervisor of elections as to whether or not the required

21  number of petition signatures was obtained:

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

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

24  all other candidates for that office of that determination.

25         2.  Any contribution received by a candidate or the

26  campaign treasurer or deputy campaign treasurer of a candidate

27  after the candidate has been notified in writing by the

28  department or supervisor that he or she has become unopposed

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

30  to obtain the required number of petition signatures shall be

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

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  1  continuous existence contributing it and shall not be used or

  2  expended by or on behalf of the candidate.

  3         (4)  Any contribution received by the chair, campaign

  4  treasurer, or deputy campaign treasurer of a political

  5  committee supporting or opposing a candidate with opposition

  6  in an election or supporting or opposing an issue on the

  7  ballot in an election on the day of that election or less than

  8  5 days prior to the day of that election may not be obligated

  9  or expended by the committee until after the date of the

10  election.

11         (5)  A person may not make any contribution through or

12  in the name of another, directly or indirectly, in any

13  election.  Candidates, political committees, and political

14  parties may not solicit contributions from or make

15  contributions to any religious, charitable, civic, or other

16  causes or organizations established primarily for the public

17  good. However, it is not a violation of this subsection for a

18  candidate, political committee, or political party executive

19  committee to make gifts of money in lieu of flowers in memory

20  of a deceased person or for a candidate to continue membership

21  in, or make regular donations from personal or business funds

22  to, religious, political party, civic, or charitable groups of

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

24  been a regular donor for more than 6 months.  A candidate may

25  purchase, with campaign funds, tickets, admission to events,

26  or advertisements from religious, civic, political party, or

27  charitable groups.

28         (6)  A political party may not accept any contribution

29  which has been specifically designated for the partial or

30  exclusive use of a particular candidate.  Any contribution so

31

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  1  designated must be returned to the contributor and may not be

  2  used or expended by or on behalf of the candidate.

  3         (7)  A person, political committee, or committee of

  4  continuous existence may not make contributions that exceed

  5  $5,000 per calendar year in the aggregate to a state executive

  6  committee of a political party regulated by chapter 103 or to

  7  any county executive committee or any subordinate committee of

  8  such political party.

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

10  no more than one contribution in violation of subsection (1),

11  or subsection (5), or subsection (7), or any person who

12  knowingly and willfully fails or refuses to return any

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

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

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

16  other business entity or any political party, political

17  committee, or committee of continuous existence is convicted

18  of knowingly and willfully violating any provision punishable

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

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

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

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

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

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

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

26  political party, political committee, or committee of

27  continuous existence who aids, abets, advises, or participates

28  in a violation of any provision punishable under this

29  paragraph commits a misdemeanor of the first degree,

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

31

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  1         (b)  Any person who knowingly and willfully makes two

  2  or more contributions in violation of subsection (1), or

  3  subsection (5), or subsection (7), or any combination thereof,

  4  commits a felony of the third degree, punishable as provided

  5  in s. 775.082, s. 775.083, or s. 775.084.  If any corporation,

  6  partnership, or other business entity or any political party,

  7  political committee, or committee of continuous existence is

  8  convicted of knowingly and willfully violating any provision

  9  punishable under this paragraph, it shall be fined not less

10  than $10,000 and not more than $50,000.  If it is a domestic

11  entity, it may be ordered dissolved by a court of competent

12  jurisdiction; if it is a foreign or nonresident business

13  entity, its right to do business in this state may be

14  forfeited.  Any officer, partner, agent, attorney, or other

15  representative of a corporation, partnership, or other

16  business entity, or of a political committee, committee of

17  continuous existence, or political party who aids, abets,

18  advises, or participates in a violation of any provision

19  punishable under this paragraph commits a felony of the third

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

21  s. 775.084.

22         (9)(8)  Except when otherwise provided in subsection

23  (8)(7), any person who knowingly and willfully violates any

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

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

26  equal to twice the amount contributed in violation of this

27  chapter.  Each campaign treasurer shall pay all amounts

28  contributed in violation of this section to the state for

29  deposit in the General Revenue Fund.

30         (10)(9)  This section does not apply to the transfer of

31  funds between a primary campaign depository and a savings

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

  2  such account or certificate.

  3         Section 8.  Subsection (2) of section 106.04,

  4  subsection (2) of section 106.075, paragraph (a) of subsection

  5  (1) of section 106.087, subsection (1) of section 106.19, and

  6  subsection (6) of section 106.29, Florida Statutes, are

  7  reenacted to read:

  8         106.04  Committees of continuous existence.--

  9         (2)  Any group, organization, association, or other

10  entity may seek certification from the Department of State as

11  a committee of continuous existence by filing an application

12  with the Division of Elections on a form provided by the

13  division. Such application shall provide the information

14  required of political committees by s. 106.03(2).  Each

15  application shall be accompanied by the name and street

16  address of the principal officer of the applying entity as of

17  the date of the application; a copy of the charter or bylaws

18  of the organization; a copy of the dues or assessment schedule

19  of the organization, or formula by which dues or assessments

20  are levied; and a complete financial statement or annual audit

21  summarizing all income received, and all expenses incurred, by

22  the organization during the 12 months preceding the date of

23  application.  A membership list shall be made available for

24  inspection if deemed necessary by the division.

25         106.075  Elected officials; report of loans made in

26  year preceding election; limitation on contributions to pay

27  loans.--

28         (2)  Any person who makes a contribution to an

29  individual to pay all or part of a loan incurred, in the 12

30  months preceding the election, to be used for the individual's

31

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  1  campaign, may not contribute more than the amount which is

  2  allowed in s. 106.08(1).

  3         106.087  Independent expenditures; contribution limits;

  4  restrictions on political parties, political committees, and

  5  committees of continuous existence.--

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

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

  8  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

  9  treasurer of a state or county executive committee shall take

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

11  qualifying period for state candidates and prior to

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

13  affirmation shall be filed with the Secretary of State and

14  shall be substantially in the following form:

15

16  State of Florida

17  County of....

18         Before me, an officer authorized to administer oaths,

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

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

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

22  executive committee; that the executive committee has not

23  made, either directly or indirectly, an independent

24  expenditure in support of or opposition to a candidate or

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

26  executive committee will not make, either directly or

27  indirectly, an independent expenditure in support of or

28  opposition to a candidate or elected public official, through

29  and including the upcoming general election; and that the

30  executive committee will not violate the contribution limits

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

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  1                          ...(Signature of committee officer)...

  2                                                 ...(Address)...

  3

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

  5  19...., at .... County, Florida.

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

  7

  8         106.19  Violations by candidates, persons connected

  9  with campaigns, and political committees.--

10         (1)  Any candidate; campaign manager, campaign

11  treasurer, or deputy treasurer of any candidate; committee

12  chair, vice chair, campaign treasurer, deputy treasurer, or

13  other officer of any political committee; agent or person

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

15  other person who knowingly and willfully:

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

17  prescribed  by s. 106.08;

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

19  reported by this chapter;

20         (c)  Falsely reports or deliberately fails to include

21  any information required by this chapter; or

22         (d)  Makes or authorizes any expenditure in violation

23  of s. 106.11(3) or any other expenditure prohibited by this

24  chapter;

25

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

27  provided in s. 775.082 or s. 775.083.

28         106.29  Reports by political parties; restrictions on

29  contributions and expenditures; penalties.--

30         (6)(a)  The national, state, and county executive

31  committees of a political party may not contribute to any

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  1  candidate any amount in excess of the limits contained in s.

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

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

  4  political party shall be reported by the state executive

  5  committee of that political party.

  6         (b)  A violation of the contribution limits contained

  7  in s. 106.08(2) is a misdemeanor of the first degree,

  8  punishable as provided in s. 775.082 or s. 775.083. A civil

  9  penalty equal to three times the amount in excess of the

10  limits contained in s. 106.08(2) shall be assessed against any

11  executive committee found in violation thereof.

12         Section 9.  This act shall take effect January 1, 2000.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                              SB 314

16

17  Committee Substitute for Senate Bill 314 modifies the
    registration and reporting requirements for political
18  committees and committees of continuous existence to require
    them to identify their special interest sponsors or
19  contributors in either the committee name or in the
    committees' campaign treasurer reports.
20
    The committee substitute also includes certain issue ads
21  within the definition of "political advertisement."

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