CS/CS/HB 83

1
A bill to be entitled
2An act relating to public campaign financing; repealing
3ss. 106.30-106.36, F.S., the "Florida Election Campaign
4Financing Act"; amending ss. 106.07, 106.141, 106.22,
5106.265, 328.72, and 607.1622, F.S.; deleting references
6to the Election Campaign Financing Trust Fund, which
7expired, effective November 4, 1996, by operation of s.
819(f), Art. III of the State Constitution; amending s.
9106.34, F.S.; providing expenditure limits for certain
10candidates for statewide office; providing effective
11dates, one of which is contingent.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Sections 106.30, 106.31, 106.32, 106.33,
16106.34, 106.35, 106.353, 106.355, and 106.36, Florida Statutes,
17are repealed.
18     Section 2.  Subsection (1) of section 106.07, Florida
19Statutes, is amended to read:
20     106.07  Reports; certification and filing.--
21     (1)  Each campaign treasurer designated by a candidate or
22political committee pursuant to s. 106.021 shall file regular
23reports of all contributions received, and all expenditures
24made, by or on behalf of such candidate or political committee.
25Reports shall be filed on the 10th day following the end of each
26calendar quarter from the time the campaign treasurer is
27appointed, except that, if the 10th day following the end of a
28calendar quarter occurs on a Saturday, Sunday, or legal holiday,
29the report shall be filed on the next following day which is not
30a Saturday, Sunday, or legal holiday. Quarterly reports shall
31include all contributions received and expenditures made during
32the calendar quarter which have not otherwise been reported
33pursuant to this section.
34     (a)  Except as provided in paragraph (b), Following the
35last day of qualifying for office, the reports shall be filed on
36the 32nd, 18th, and 4th days immediately preceding the primary
37and on the 46th, 32nd, 18th, and 4th days immediately preceding
38the election, for a candidate who is opposed in seeking
39nomination or election to any office, for a political committee,
40or for a committee of continuous existence.
41     (b)  Following the last day of qualifying for office, any
42statewide candidate who has requested to receive contributions
43from the Election Campaign Financing Trust Fund or any statewide
44candidate in a race with a candidate who has requested to
45receive contributions from the trust fund shall file reports on
46the 4th, 11th, 18th, 25th, and 32nd days prior to the primary
47election, and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th,
48and 53rd days prior to the general election.
49     (b)(c)  Following the last day of qualifying for office,
50any unopposed candidate need only file a report within 90 days
51after the date such candidate became unopposed. Such report
52shall contain all previously unreported contributions and
53expenditures as required by this section and shall reflect
54disposition of funds as required by s. 106.141.
55     (c)(d)1.  When a special election is called to fill a
56vacancy in office, all political committees and committees of
57continuous existence making contributions or expenditures to
58influence the results of such special election shall file
59campaign treasurers' reports with the filing officer on the
60dates set by the Department of State pursuant to s. 100.111.
61     2.  When an election is called for an issue to appear on
62the ballot at a time when no candidates are scheduled to appear
63on the ballot, all political committees making contributions or
64expenditures in support of or in opposition to such issue shall
65file reports on the 18th and 4th days prior to such election.
66     (d)(e)  The filing officer shall provide each candidate
67with a schedule designating the beginning and end of reporting
68periods as well as the corresponding designated due dates.
69     Section 3.  Subsection (4) of section 106.141, Florida
70Statutes, is amended to read:
71     106.141  Disposition of surplus funds by candidates.--
72     (4)(a)  Except as provided in paragraph (b), Any candidate
73required to dispose of funds pursuant to this section shall, at
74the option of the candidate, dispose of such funds by any of the
75following means, or any combination thereof:
76     (a)1.  Return pro rata to each contributor the funds that
77have not been spent or obligated.
78     (b)2.  Donate the funds that have not been spent or
79obligated to a charitable organization or organizations that
80meet the qualifications of s. 501(c)(3) of the Internal Revenue
81Code.
82     (c)3.  Give not more than $10,000 of the funds that have
83not been spent or obligated to the political party of which such
84candidate is a member, except that a candidate for the Florida
85Senate may give not more than $30,000 of such funds to the
86political party of which the candidate is a member.
87     (d)4.  Give the funds that have not been spent or
88obligated:
89     1.a.  In the case of a candidate for state office, to the
90state, to be deposited in either the Election Campaign Financing
91Trust Fund or the General Revenue Fund, as designated by the
92candidate; or
93     2.b.  In the case of a candidate for an office of a
94political subdivision, to such political subdivision, to be
95deposited in the general fund thereof.
96     (b)  Any candidate required to dispose of funds pursuant to
97this section who has received contributions from the Election
98Campaign Financing Trust Fund shall return all surplus campaign
99funds to the Election Campaign Financing Trust Fund.
100     Section 4.  Subsection (6) of section 106.22, Florida
101Statutes, is amended to read:
102     106.22  Duties of the Division of Elections.--It is the
103duty of the Division of Elections to:
104     (6)  Make, from time to time, audits and field
105investigations with respect to reports and statements filed
106under the provisions of this chapter and with respect to alleged
107failures to file any report or statement required under the
108provisions of this chapter. The division shall conduct a
109postelection audit of the campaign accounts of all candidates
110receiving contributions from the Election Campaign Financing
111Trust Fund.
112     Section 5.  Subsections (3), (4), and (5) of section
113106.265, Florida Statutes, are amended to read:
114     106.265  Civil penalties.--
115     (3)  Any civil penalty collected pursuant to the provisions
116of this section shall be deposited into the General Revenue
117Election Campaign Financing Trust Fund.
118     (4)  Notwithstanding any other provisions of this chapter,
119any fine assessed pursuant to the provisions of this chapter,
120which fine is designated to be deposited or which would
121otherwise be deposited into the General Revenue Fund of the
122state, shall be deposited into the Election Campaign Financing
123Trust Fund.
124     (4)(5)  In any case in which the commission determines that
125a person has filed a complaint against another person with a
126malicious intent to injure the reputation of the person
127complained against by filing the complaint with knowledge that
128the complaint contains one or more false allegations or with
129reckless disregard for whether the complaint contains false
130allegations of fact material to a violation of this chapter or
131chapter 104, the complainant shall be liable for costs and
132reasonable attorney's fees incurred in the defense of the person
133complained against, including the costs and reasonable
134attorney's fees incurred in proving entitlement to and the
135amount of costs and fees. If the complainant fails to pay such
136costs and fees voluntarily within 30 days following such finding
137by the commission, the commission shall forward such information
138to the Department of Legal Affairs, which shall bring a civil
139action in a court of competent jurisdiction to recover the
140amount of such costs and fees awarded by the commission.
141     Section 6.  Subsection (11) of section 328.72, Florida
142Statutes, is amended to read:
143     328.72  Classification; registration; fees and charges;
144surcharge; disposition of fees; fines; marine turtle stickers.--
145     (11)  VOLUNTARY CONTRIBUTIONS.--The application form for
146boat registration shall include a provision to allow each
147applicant to indicate a desire to pay an additional voluntary
148contribution to the Save the Manatee Trust Fund to be used for
149the purposes specified in s.379.2431(4). This contribution shall
150be in addition to all other fees and charges. The amount of the
151request for a voluntary contribution solicited shall be $2 or $5
152per registrant. A registrant who provides a voluntary
153contribution of $5 or more shall be given a sticker or emblem by
154the tax collector to display, which signifies support for the
155Save the Manatee Trust Fund. All voluntary contributions shall
156be deposited in the Save the Manatee Trust Fund and shall be
157used for the purposes specified in s. 379.2431(4). The form
158shall also include language permitting a voluntary contribution
159of $5 per applicant, which contribution shall be transferred
160into the Election Campaign Financing Trust Fund. A statement
161providing an explanation of the purpose of the trust fund shall
162also be included.
163     Section 7.  Subsection (1) of section 607.1622, Florida
164Statutes, is amended to read:
165     607.1622  Annual report for Department of State.--
166     (1)  Each domestic corporation and each foreign corporation
167authorized to transact business in this state shall deliver to
168the Department of State for filing a sworn annual report on such
169forms as the Department of State prescribes that sets forth:
170     (a)  The name of the corporation and the state or country
171under the law of which it is incorporated.;
172     (b)  The date of incorporation or, if a foreign
173corporation, the date on which it was admitted to do business in
174this state.;
175     (c)  The address of its principal office and the mailing
176address of the corporation.;
177     (d)  The corporation's federal employer identification
178number, if any, or, if none, whether one has been applied for.;
179     (e)  The names and business street addresses of its
180directors and principal officers.;
181     (f)  The street address of its registered office and the
182name of its registered agent at that office in this state.;
183     (g)  Language permitting a voluntary contribution of $5 per
184taxpayer, which contribution shall be transferred into the
185Election Campaign Financing Trust Fund. A statement providing an
186explanation of the purpose of the trust fund shall also be
187included; and
188     (g)(h)  Such additional information as may be necessary or
189appropriate to enable the Department of State to carry out the
190provisions of this act.
191     Section 8.  Section 106.34, Florida Statutes, is amended to
192read:
193     (Substantial rewording of section. See
194     s. 106.34, F.S., for present text.)
195     106.34  Expenditure limits.--
196     (1)  Any candidate for Governor, Lieutenant Governor, or
197Cabinet officer who requests contributions from the Election
198Campaign Financing Trust Fund shall limit his or her total
199expenditures as follows:
200     (a)  Governor or Lieutenant Governor: $7 million.
201     (b)  Cabinet officer: $3 million.
202     (2)  The expenditure limit for any candidate who has
203primary election opposition only is 60 percent of the limit
204provided in subsection (1).
205     (3)  The expenditure limit shall be adjusted quadrennially
206by the Secretary of State to reflect the rate of inflation or
207deflation as indicated in the Consumer Price Index for All Urban
208Consumers, U.S. City Average, All Items, 1967=100, or successor
209reports as reported by the Bureau of Labor Statistics of the
210United States Department of Labor.
211     (4)  As used in this section, the term "expenditure" does
212not include the payment of compensation for legal and accounting
213services rendered on behalf of a candidate.
214     Section 9.  Sections 1 through 7 of this act shall take
215effect on the effective date of House Joint Resolution 81, or a
216similar joint resolution having substantially the same specific
217intent and purpose, if that joint resolution is approved by the
218electors at the general election to be held in November 2010,
219and section 8 of this act shall take effect January 1, 2010.


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