Florida Senate - 2009                                     SB 564
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-00417-09                                            2009564__
    1                        A bill to be entitled                      
    2         An act relating to public campaign financing;
    3         repealing ss. 106.30-106.36, F.S., the “Florida
    4         Election Campaign Financing Act”; amending ss. 106.07,
    5         106.141, 106.22, 106.265, 328.72, and 607.1622, F.S.;
    6         deleting references to the Election Campaign Financing
    7         Trust Fund, which expired, effective November 4, 1996,
    8         by operation of s. 19(f), Art. III of the State
    9         Constitution; providing a contingent effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Sections 106.30, 106.31, 106.32, 106.33, 106.34,
   14  106.35, 106.353, 106.355, and 106.36, Florida Statutes, are
   15  repealed.
   16         Section 2. Subsection (1) of section 106.07, Florida
   17  Statutes, is amended to read:
   18         106.07 Reports; certification and filing.—
   19         (1) Each campaign treasurer designated by a candidate or
   20  political committee pursuant to s. 106.021 shall file regular
   21  reports of all contributions received, and all expenditures
   22  made, by or on behalf of such candidate or political committee.
   23  Reports shall be filed on the 10th day following the end of each
   24  calendar quarter from the time the campaign treasurer is
   25  appointed, except that, if the 10th day following the end of a
   26  calendar quarter occurs on a Saturday, Sunday, or legal holiday,
   27  the report shall be filed on the next following day which is not
   28  a Saturday, Sunday, or legal holiday. Quarterly reports shall
   29  include all contributions received and expenditures made during
   30  the calendar quarter which have not otherwise been reported
   31  pursuant to this section.
   32         (a) Except as provided in paragraph (b), Following the last
   33  day of qualifying for office, the reports shall be filed on the
   34  32nd, 18th, and 4th days immediately preceding the primary and
   35  on the 46th, 32nd, 18th, and 4th days immediately preceding the
   36  election, for a candidate who is opposed in seeking nomination
   37  or election to any office, for a political committee, or for a
   38  committee of continuous existence.
   39         (b) Following the last day of qualifying for office, any
   40  statewide candidate who has requested to receive contributions
   41  from the Election Campaign Financing Trust Fund or any statewide
   42  candidate in a race with a candidate who has requested to
   43  receive contributions from the trust fund shall file reports on
   44  the 4th, 11th, 18th, 25th, and 32nd days prior to the primary
   45  election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,
   46  and 53rd days prior to the general election.
   47         (b)(c) Following the last day of qualifying for office, any
   48  unopposed candidate need only file a report within 90 days after
   49  the date such candidate became unopposed. Such report shall
   50  contain all previously unreported contributions and expenditures
   51  as required by this section and shall reflect disposition of
   52  funds as required by s. 106.141.
   53         (c)(d)1. When a special election is called to fill a
   54  vacancy in office, all political committees and committees of
   55  continuous existence making contributions or expenditures to
   56  influence the results of such special election shall file
   57  campaign treasurers' reports with the filing officer on the
   58  dates set by the Department of State pursuant to s. 100.111.
   59         2. When an election is called for an issue to appear on the
   60  ballot at a time when no candidates are scheduled to appear on
   61  the ballot, all political committees making contributions or
   62  expenditures in support of or in opposition to such issue shall
   63  file reports on the 18th and 4th days prior to such election.
   64         (d)(e) The filing officer shall provide each candidate with
   65  a schedule designating the beginning and end of reporting
   66  periods as well as the corresponding designated due dates.
   67         Section 3. Subsection (4) of section 106.141, Florida
   68  Statutes, is amended to read:
   69         106.141 Disposition of surplus funds by candidates.—
   70         (4)(a) Except as provided in paragraph (b), Any candidate
   71  required to dispose of funds pursuant to this section shall, at
   72  the option of the candidate, dispose of such funds by any of the
   73  following means, or any combination thereof:
   74         (a)1. Return pro rata to each contributor the funds that
   75  have not been spent or obligated.
   76         (b)2. Donate the funds that have not been spent or
   77  obligated to a charitable organization or organizations that
   78  meet the qualifications of s. 501(c)(3) of the Internal Revenue
   79  Code.
   80         (c)3. Give not more than $10,000 of the funds that have not
   81  been spent or obligated to the political party of which such
   82  candidate is a member, except that a candidate for the Florida
   83  Senate may give not more than $30,000 of such funds to the
   84  political party of which the candidate is a member.
   85         (d)4. Give the funds that have not been spent or obligated:
   86         1.a. In the case of a candidate for state office, to the
   87  state, to be deposited in either the Election Campaign Financing
   88  Trust Fund or the General Revenue Fund, as designated by the
   89  candidate; or
   90         2.b. In the case of a candidate for an office of a
   91  political subdivision, to such political subdivision, to be
   92  deposited in the general fund thereof.
   93         (b) Any candidate required to dispose of funds pursuant to
   94  this section who has received contributions from the Election
   95  Campaign Financing Trust Fund shall return all surplus campaign
   96  funds to the Election Campaign Financing Trust Fund.
   97         Section 4. Subsection (6) of section 106.22, Florida
   98  Statutes, is amended to read:
   99         106.22 Duties of the Division of Elections.—It is the duty
  100  of the Division of Elections to:
  101         (6) Make, from time to time, audits and field
  102  investigations with respect to reports and statements filed
  103  under the provisions of this chapter and with respect to alleged
  104  failures to file any report or statement required under the
  105  provisions of this chapter. The division shall conduct a
  106  postelection audit of the campaign accounts of all candidates
  107  receiving contributions from the Election Campaign Financing
  108  Trust Fund.
  109         Section 5. Subsections (3), (4), and (5) of section
  110  106.265, Florida Statutes, are amended to read:
  111         106.265 Civil penalties.—
  112         (3) Any civil penalty collected pursuant to the provisions
  113  of this section shall be deposited into the General Revenue
  114  Election Campaign Financing Trust Fund.
  115         (4) Notwithstanding any other provisions of this chapter,
  116  any fine assessed pursuant to the provisions of this chapter,
  117  which fine is designated to be deposited or which would
  118  otherwise be deposited into the General Revenue Fund of the
  119  state, shall be deposited into the Election Campaign Financing
  120  Trust Fund.
  121         (4)(5) In any case in which the commission determines that
  122  a person has filed a complaint against another person with a
  123  malicious intent to injure the reputation of the person
  124  complained against by filing the complaint with knowledge that
  125  the complaint contains one or more false allegations or with
  126  reckless disregard for whether the complaint contains false
  127  allegations of fact material to a violation of this chapter or
  128  chapter 104, the complainant shall be liable for costs and
  129  reasonable attorney's fees incurred in the defense of the person
  130  complained against, including the costs and reasonable
  131  attorney's fees incurred in proving entitlement to and the
  132  amount of costs and fees. If the complainant fails to pay such
  133  costs and fees voluntarily within 30 days following such finding
  134  by the commission, the commission shall forward such information
  135  to the Department of Legal Affairs, which shall bring a civil
  136  action in a court of competent jurisdiction to recover the
  137  amount of such costs and fees awarded by the commission.
  138         Section 6. Subsection (11) of section 328.72, Florida
  139  Statutes, is amended to read:
  140         328.72 Classification; registration; fees and charges;
  141  surcharge; disposition of fees; fines; marine turtle stickers.—
  142         (11) VOLUNTARY CONTRIBUTIONS.—The application form for boat
  143  registration shall include a provision to allow each applicant
  144  to indicate a desire to pay an additional voluntary contribution
  145  to the Save the Manatee Trust Fund to be used for the purposes
  146  specified in s.379.2431(4). This contribution shall be in
  147  addition to all other fees and charges. The amount of the
  148  request for a voluntary contribution solicited shall be $2 or $5
  149  per registrant. A registrant who provides a voluntary
  150  contribution of $5 or more shall be given a sticker or emblem by
  151  the tax collector to display, which signifies support for the
  152  Save the Manatee Trust Fund. All voluntary contributions shall
  153  be deposited in the Save the Manatee Trust Fund and shall be
  154  used for the purposes specified in s. 379.2431(4). The form
  155  shall also include language permitting a voluntary contribution
  156  of $5 per applicant, which contribution shall be transferred
  157  into the Election Campaign Financing Trust Fund. A statement
  158  providing an explanation of the purpose of the trust fund shall
  159  also be included.
  160         Section 7. Subsection (1) of section 607.1622, Florida
  161  Statutes, is amended to read:
  162         607.1622 Annual report for Department of State.—
  163         (1) Each domestic corporation and each foreign corporation
  164  authorized to transact business in this state shall deliver to
  165  the Department of State for filing a sworn annual report on such
  166  forms as the Department of State prescribes that sets forth:
  167         (a) The name of the corporation and the state or country
  168  under the law of which it is incorporated.;
  169         (b) The date of incorporation or, if a foreign corporation,
  170  the date on which it was admitted to do business in this state.;
  171         (c) The address of its principal office and the mailing
  172  address of the corporation.;
  173         (d) The corporation's federal employer identification
  174  number, if any, or, if none, whether one has been applied for.;
  175         (e) The names and business street addresses of its
  176  directors and principal officers.;
  177         (f) The street address of its registered office and the
  178  name of its registered agent at that office in this state.;
  179         (g) Language permitting a voluntary contribution of $5 per
  180  taxpayer, which contribution shall be transferred into the
  181  Election Campaign Financing Trust Fund. A statement providing an
  182  explanation of the purpose of the trust fund shall also be
  183  included; and
  184         (g)(h) Such additional information as may be necessary or
  185  appropriate to enable the Department of State to carry out the
  186  provisions of this act.
  187         Section 8. This act shall take effect on the effective date
  188  of an amendment to the State Constitution approved by the
  189  electors at the general election to be held in November 2010
  190  which authorizes, or removes impediment to, enactment by the
  191  Legislature of the provisions of this act.