Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1690
       
       
       
       
       
       
                                Barcode 911174                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2011           .                                
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       The Committee on Rules Subcommittee on Ethics and Elections
       (Diaz de la Portilla) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 91 - 149
    4  and insert:
    5         106.08 Contributions; limitations on.—
    6         (1)
    7         (b)1. The contribution limits provided in this subsection
    8  do not apply to contributions made by a state or county
    9  executive committee of a political party regulated by chapter
   10  103 or to amounts contributed by a candidate to his or her own
   11  campaign.
   12         2. Notwithstanding the limits provided in this subsection,
   13  an unemancipated child under the age of 18 years of age may not
   14  make a contribution in excess of $100 to any candidate or to any
   15  political committee supporting one or more candidates.
   16         (c) The contribution limits of this subsection apply to
   17  each election. For purposes of this subsection, the primary
   18  election and general election are separate elections so long as
   19  the candidate is not an unopposed candidate as defined in s.
   20  106.011(15). However, for the purpose of contribution limits
   21  with respect to candidates for retention as a justice or judge,
   22  there is only one election, which is the general election.
   23         (2)(a) A candidate may not accept contributions from
   24  national, state, including any subordinate committee of a
   25  national, state, or county committee of a political party, and
   26  county executive committees of a political party, which
   27  contributions in the aggregate exceed $50,000, no more than
   28  $25,000 of which may be accepted prior to the 28-day period
   29  immediately preceding the date of the general election.
   30         (b) A candidate for statewide office may not accept
   31  contributions from national, state, or county executive
   32  committees of a political party, including any subordinate
   33  committee of a national, state, or county committee of a
   34  political party, which contributions in the aggregate exceed
   35  $250,000, no more than $125,000 of which may be accepted prior
   36  to the 28-day period immediately preceding the date of the
   37  general election. Polling services, research services, costs for
   38  campaign staff, professional consulting services, and telephone
   39  calls are not contributions to be counted toward the
   40  contribution limits of paragraph (a) or this paragraph. Any item
   41  not expressly identified in this paragraph as nonallocable is a
   42  contribution in an amount equal to the fair market value of the
   43  item and must be counted as allocable toward the contribution
   44  limits of paragraph (a) or this paragraph. Nonallocable, in-kind
   45  contributions must be reported by the candidate under s. 106.07
   46  and by the political party under s. 106.29.
   47         (3)(a) Any contribution received by a candidate with
   48  opposition in an election or by the campaign treasurer or a
   49  deputy campaign treasurer of such a candidate on the day of that
   50  election or less than 5 days prior to the day of that election
   51  must be returned by him or her to the person or committee
   52  contributing it and may not be used or expended by or on behalf
   53  of the candidate.
   54         (b) Except as otherwise provided in paragraph (c), any
   55  contribution received by a candidate or by the campaign
   56  treasurer or a deputy campaign treasurer of a candidate after
   57  the date at which the candidate withdraws his or her candidacy,
   58  or after the date the candidate is defeated, becomes unopposed,
   59  or is elected to office must be returned to the person or
   60  committee contributing it and may not be used or expended by or
   61  on behalf of the candidate.
   62         (c) With respect to any campaign for an office in which an
   63  independent or minor party candidate has filed as required in s.
   64  99.0955 or s. 99.096, but whose qualification is pending a
   65  determination by the Department of State or supervisor of
   66  elections as to whether or not the required number of petition
   67  signatures was obtained:
   68         1. The department or supervisor shall, no later than 3 days
   69  after that determination has been made, notify in writing all
   70  other candidates for that office of that determination.
   71         2. Any contribution received by a candidate or the campaign
   72  treasurer or deputy campaign treasurer of a candidate after the
   73  candidate has been notified in writing by the department or
   74  supervisor that he or she has become unopposed as a result of an
   75  independent or minor party candidate failing to obtain the
   76  required number of petition signatures shall be returned to the
   77  person, political committee, or committee of continuous
   78  existence contributing it and shall not be used or expended by
   79  or on behalf of the candidate.
   80         (4) Any contribution received by the chair, campaign
   81  treasurer, or deputy campaign treasurer of a political committee
   82  supporting or opposing a candidate with opposition in an
   83  election or supporting or opposing an issue on the ballot in an
   84  election on the day of that election or less than 5 days prior
   85  to the day of that election may not be obligated or expended by
   86  the committee until after the date of the election.
   87         (5)(a) A person may not make any contribution through or in
   88  the name of another, directly or indirectly, in any election.
   89         (b) Candidates, political committees, and political parties
   90  may not solicit contributions from any religious, charitable,
   91  civic, or other causes or organizations established primarily
   92  for the public good.
   93         (c) Candidates, political committees, and political parties
   94  may not make contributions, in exchange for political support,
   95  to any religious, charitable, civic, or other cause or
   96  organization established primarily for the public good. It is
   97  not a violation of this paragraph for:
   98         1. A candidate, political committee, or political party
   99  executive committee to make gifts of money in lieu of flowers in
  100  memory of a deceased person;
  101         2. A candidate to continue membership in, or make regular
  102  donations from personal or business funds to, religious,
  103  political party, civic, or charitable groups of which the
  104  candidate is a member or to which the candidate has been a
  105  regular donor for more than 6 months; or
  106         3. A candidate to purchase, with campaign funds, tickets,
  107  admission to events, or advertisements from religious, civic,
  108  political party, or charitable groups.
  109         (6)(a) A political party may not accept any contribution
  110  that has been specifically designated for the partial or
  111  exclusive use of a particular candidate. Any contribution so
  112  designated must be returned to the contributor and may not be
  113  used or expended by or on behalf of the candidate.
  114         (b)1. A political party may not accept any in-kind
  115  contribution that fails to provide a direct benefit to the
  116  political party. A “direct benefit” includes, but is not limited
  117  to, fundraising or furthering the objectives of the political
  118  party.
  119         2.a. An in-kind contribution to a state political party may
  120  be accepted only by the chairperson of the state political party
  121  or by the chairperson’s designee or designees whose names are on
  122  file with the division in a form acceptable to the division
  123  prior to the date of the written notice required in sub
  124  subparagraph b. An in-kind contribution to a county political
  125  party may be accepted only by the chairperson of the county
  126  political party or by the county chairperson’s designee or
  127  designees whose names are on file with the supervisor of
  128  elections of the respective county prior to the date of the
  129  written notice required in sub-subparagraph b.
  130         b. A person making an in-kind contribution to a state
  131  political party or county political party must provide prior
  132  written notice of the contribution to a person described in sub
  133  subparagraph a. The prior written notice must be signed and
  134  dated and may be provided by an electronic or facsimile message.
  135  However, prior written notice is not required for an in-kind
  136  contribution that consists of food and beverage in an aggregate
  137  amount not exceeding $1,500 which is consumed at a single
  138  sitting or event if such in-kind contribution is accepted in
  139  advance by a person specified in sub-subparagraph a.
  140         c. A person described in sub-subparagraph a. may accept an
  141  in-kind contribution requiring prior written notice only in a
  142  writing that is signed and dated before the in-kind contribution
  143  is made. Failure to obtain the required written acceptance of an
  144  in-kind contribution to a state or county political party
  145  constitutes a refusal of the contribution.
  146         d. A copy of each prior written acceptance required under
  147  sub-subparagraph c. must be filed with the division at the time
  148  the regular reports of contributions and expenditures required
  149  under s. 106.29 are filed by the state executive committee and
  150  county executive committee.
  151         e. An in-kind contribution may not be given to a state or
  152  county political party unless the in-kind contribution is made
  153  as provided in this subparagraph.
  154         (7)(a) Any person who knowingly and willfully makes or
  155  accepts no more than one contribution in violation of subsection
  156  (1) or subsection (5), or any person who knowingly and willfully
  157  fails or refuses to return any contribution as required in
  158  subsection (3), commits a misdemeanor of the first degree,
  159  punishable as provided in s. 775.082 or s. 775.083. If any
  160  corporation, partnership, or other business entity or any
  161  political party, political committee, committee of continuous
  162  existence, or electioneering communications organization is
  163  convicted of knowingly and willfully violating any provision
  164  punishable under this paragraph, it shall be fined not less than
  165  $1,000 and not more than $10,000. If it is a domestic entity, it
  166  may be ordered dissolved by a court of competent jurisdiction;
  167  if it is a foreign or nonresident business entity, its right to
  168  do business in this state may be forfeited. Any officer,
  169  partner, agent, attorney, or other representative of a
  170  corporation, partnership, or other business entity, or of a
  171  political party, political committee, committee of continuous
  172  existence, electioneering communications organization, or
  173  organization exempt from taxation under s. 527 or s. 501(c)(4)
  174  of the Internal Revenue Code, who aids, abets, advises, or
  175  participates in a violation of any provision punishable under
  176  this paragraph commits a misdemeanor of the first degree,
  177  punishable as provided in s. 775.082 or s. 775.083.
  178         (b) Any person who knowingly and willfully makes or accepts
  179  two or more contributions in violation of subsection (1) or
  180  subsection (5) commits a felony of the third degree, punishable
  181  as provided in s. 775.082, s. 775.083, or s. 775.084. If any
  182  corporation, partnership, or other business entity or any
  183  political party, political committee, committee of continuous
  184  existence, or electioneering communications organization is
  185  convicted of knowingly and willfully violating any provision
  186  punishable under this paragraph, it shall be fined not less than
  187  $10,000 and not more than $50,000. If it is a domestic entity,
  188  it may be ordered dissolved by a court of competent
  189  jurisdiction; if it is a foreign or nonresident business entity,
  190  its right to do business in this state may be forfeited. Any
  191  officer, partner, agent, attorney, or other representative of a
  192  corporation, partnership, or other business entity, or of a
  193  political committee, committee of continuous existence,
  194  political party, or electioneering communications organization,
  195  or organization exempt from taxation under s. 527 or s.
  196  501(c)(4) of the Internal Revenue Code, who aids, abets,
  197  advises, or participates in a violation of any provision
  198  punishable under this paragraph commits a felony of the third
  199  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  200  775.084.
  201         (8) Except when otherwise provided in subsection (7), any
  202  person who knowingly and willfully violates any provision of
  203  this section shall, in addition to any other penalty prescribed
  204  by this chapter, pay to the state a sum equal to twice the
  205  amount contributed in violation of this chapter. Each campaign
  206  treasurer shall pay all amounts contributed in violation of this
  207  section to the state for deposit in the General Revenue Fund.
  208         (9) This section does not apply to the transfer of funds
  209  between a primary campaign depository and a savings account or
  210  certificate of deposit or to any interest earned on such account
  211  or certificate.
  212         (10) Contributions to a political committee or committee of
  213  continuous existence may be received by an affiliated
  214  organization and transferred to the bank account of the
  215  political committee or committee of continuous existence via
  216  check written from the affiliated organization if such
  217  contributions are specifically identified as intended to be
  218  contributed to the political committee or committee of
  219  continuous existence. All contributions received in this manner
  220  shall be reported pursuant to s. 106.07 by the political
  221  committee or committee of continuous existence as having been
  222  made by the original contributor.
  223  
  224  
  225  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  226         And the directory clause is amended as follows:
  227         Delete lines 87 - 90
  228  and insert:
  229  Section 4. For the purpose of incorporating the amendment made
  230  by this act to paragraph (a) of subsection (1) of section
  231  106.08, Florida Statutes, in a reference thereto, paragraphs (b)
  232  and (c) of that subsection along with subsections (2) through
  233  (10) of section 106.08, Florida Statutes, are amended to read:
  234  
  235  ================= T I T L E  A M E N D M E N T ================
  236         And the title is amended as follows:
  237         Delete lines 5 - 8
  238  and insert:
  239         reenacting ss. 106.04(5), 106.075(2),
  240         106.08(1)(b),(c),(2)-(10), 106.19, and 106.29, F.S.,
  241         relating to contributions made by committees of
  242         continuous existence, contributions made to pay all or
  243         part of loan incurred, general contribution limits and
  244         restrictions and associated penalties, penalties for