Florida Senate - 2013                                    SB 1382
       
       
       
       By Senator Latvala
       
       
       
       
       20-01088E-13                                          20131382__
    1                        A bill to be entitled                      
    2         An act relating to campaign finance; repealing s.
    3         106.04, F.S., relating to the certification and
    4         political activities of committees of continuous
    5         existence; prohibiting a committee of continuous
    6         existence from accepting a contribution after a
    7         certain date; providing for revocation of the
    8         certification of each committee of continuous
    9         existence on a certain date; requiring the Division of
   10         Elections to provide certain notifications to
   11         committees of continuous existence; providing
   12         procedures for disposition of funds and closing of the
   13         committee account; providing penalties; providing for
   14         the applicability of penalties incurred by the
   15         committee of continuous existence; amending and
   16         reordering s. 106.011, F.S., relating to definitions
   17         applicable to provisions governing campaign financing;
   18         deleting the definition of the term “committee of
   19         continuous existence” to conform to changes made by
   20         the act; revising the definition of the term
   21         “candidate” to include a candidate for a political
   22         party executive committee; conforming cross
   23         references; amending s. 106.021, F.S.; providing
   24         requirements and restrictions on the use of
   25         contributions received before a candidate changes his
   26         or her candidacy to a different office; amending ss.
   27         106.022 and 106.03, F.S.; conforming provisions and
   28         cross-references to changes made by the act;
   29         reenacting and amending s. 106.07, F.S., relating to
   30         reports by campaign treasurers; revising reporting
   31         requirements for candidates and political committees;
   32         conforming a cross-reference; amending s. 106.0703,
   33         F.S.; revising reporting requirements for
   34         electioneering communications organizations;
   35         reenacting and amending s. 106.0705, F.S., relating to
   36         the electronic filing of campaign treasurer’s reports;
   37         conforming provisions and cross-references to changes
   38         made by the act; amending s. 106.08, F.S.; increasing
   39         the limitations on contributions made to certain
   40         candidates and political committees; removing a
   41         limitation on contributions made by specified minors;
   42         revising limitations on contributions to non-statewide
   43         candidates from specified political party committees;
   44         conforming provisions and cross-references to changes
   45         made by the act; amending s. 106.141, F.S.;
   46         prohibiting a candidate from giving more than a
   47         specified amount of surplus funds to an affiliated
   48         party committee or political party; increasing the
   49         amount of funds that certain candidates may transfer
   50         to an office account; specifying permissible expenses
   51         with office account funds; defining the term “same
   52         office”; authorizing certain candidates to retain a
   53         specified amount of funds for reelection to the same
   54         office; establishing requirements and conditions for
   55         retained funds; providing procedures for disposition
   56         of retained funds in certain circumstances; making
   57         changes to conform to the act; reenacting and amending
   58         s. 106.29, F.S.; revising reporting requirements for
   59         political parties and affiliated party committees;
   60         requiring the Division of Elections to submit a
   61         proposal for a mandatory statewide electronic filing
   62         system for certain state and local candidates to the
   63         Legislature by a specified date; amending ss. 101.62,
   64         102.031, 106.087, 106.12, 106.147, 106.17, 106.23,
   65         106.265, 106.27, 106.32, 106.33, 111.075, 112.3148,
   66         112.3149, 1004.28, 1004.70, and 1004.71, F.S.;
   67         conforming provisions and cross-references to changes
   68         made by the act; reenacting ss. 106.075(2) and 106.19,
   69         F.S., relating to contributions made to pay back
   70         campaign loans incurred, and relating to criminal and
   71         enhanced civil penalties for certain campaign finance
   72         violations, to incorporate the amendments made to s.
   73         106.08, F.S., in references thereto; providing
   74         effective dates.
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Section 106.04, Florida Statutes, is repealed.
   79         Section 2. (1) Effective August 1, 2013, a committee of
   80  continuous existence may not accept a contribution as defined in
   81  s. 106.011, Florida Statutes. By July 15, 2013, the Division of
   82  Elections of the Department of State shall notify each committee
   83  of continuous existence of the prohibition on accepting such a
   84  contribution as provided under this subsection.
   85         (2) Effective September 30, 2013, the certification of each
   86  committee of continuous existence is revoked and all committee
   87  accounts must have a zero balance. By July 15, 2013, the
   88  Division of Elections of the Department of State shall notify
   89  each committee of continuous existence of the revocation of its
   90  certification pursuant to this subsection. Following the
   91  revocation of certification, each committee of continuous
   92  existence shall file any outstanding report as required by law.
   93         (3)(a) A violation of this section or any other provision
   94  of chapter 106 constitutes a violation of chapter 106 regardless
   95  of whether the committee of continuous existence is legally
   96  dissolved.
   97         (b) A political committee or electioneering communications
   98  organization that has received funds from a committee of
   99  continuous existence whose certification has been revoked and
  100  that is directly or indirectly established, maintained, or
  101  controlled by the same individual or group as the former
  102  committee of continuous existence, is responsible for any unpaid
  103  fine or penalty incurred by the former committee of continuous
  104  existence. If no such political committee or electioneering
  105  communications organization exists, the principal officers of
  106  the former committee of continuous existence shall be jointly
  107  and severally liable for any fine or penalty.
  108         (4) This section shall be effective upon this act becoming
  109  a law.
  110         Section 3. Section 106.011, Florida Statutes, is reordered
  111  and amended to read:
  112         106.011 Definitions.—As used in this chapter, the following
  113  terms have the following meanings unless the context clearly
  114  indicates otherwise:
  115         (16)(1)(a) “Political committee” means:
  116         1. A combination of two or more individuals, or a person
  117  other than an individual, that, in an aggregate amount in excess
  118  of $500 during a single calendar year:
  119         a. Accepts contributions for the purpose of making
  120  contributions to any candidate, political committee, committee
  121  of continuous existence, affiliated party committee, or
  122  political party;
  123         b. Accepts contributions for the purpose of expressly
  124  advocating the election or defeat of a candidate or the passage
  125  or defeat of an issue;
  126         c. Makes expenditures that expressly advocate the election
  127  or defeat of a candidate or the passage or defeat of an issue;
  128  or
  129         d. Makes contributions to a common fund, other than a joint
  130  checking account between spouses, from which contributions are
  131  made to any candidate, political committee, committee of
  132  continuous existence, affiliated party committee, or political
  133  party;
  134         2. The sponsor of a proposed constitutional amendment by
  135  initiative who intends to seek the signatures of registered
  136  electors.
  137         (b) Notwithstanding paragraph (a), the following entities
  138  are not considered political committees for purposes of this
  139  chapter:
  140         1. Organizations which are certified by the Department of
  141  State as committees of continuous existence pursuant to s.
  142  106.04, National political parties, the state and county
  143  executive committees of political parties, and affiliated party
  144  committees regulated by chapter 103.
  145         2. Corporations regulated by chapter 607 or chapter 617 or
  146  other business entities formed for purposes other than to
  147  support or oppose issues or candidates, if their political
  148  activities are limited to contributions to candidates, political
  149  parties, affiliated party committees, or political committees or
  150  expenditures in support of or opposition to an issue from
  151  corporate or business funds and if no contributions are received
  152  by such corporations or business entities.
  153         3. Electioneering communications organizations as defined
  154  in subsection (9) (19).
  155         (2) “Committee of continuous existence” means any group,
  156  organization, association, or other such entity which is
  157  certified pursuant to the provisions of s. 106.04.
  158         (5)(3) “Contribution” means:
  159         (a) A gift, subscription, conveyance, deposit, loan,
  160  payment, or distribution of money or anything of value,
  161  including contributions in kind having an attributable monetary
  162  value in any form, made for the purpose of influencing the
  163  results of an election or making an electioneering
  164  communication.
  165         (b) A transfer of funds between political committees,
  166  between committees of continuous existence, between
  167  electioneering communications organizations, or between any
  168  combination of these groups.
  169         (c) The payment, by a any person other than a candidate or
  170  political committee, of compensation for the personal services
  171  of another person which are rendered to a candidate or political
  172  committee without charge to the candidate or committee for such
  173  services.
  174         (d) The transfer of funds by a campaign treasurer or deputy
  175  campaign treasurer between a primary depository and a separate
  176  interest-bearing account or certificate of deposit, and the term
  177  includes any interest earned on such account or certificate.
  178  
  179  Notwithstanding the foregoing meanings of “contribution,” the
  180  term may not be construed to include services, including, but
  181  not limited to, legal and accounting services, provided without
  182  compensation by individuals volunteering a portion or all of
  183  their time on behalf of a candidate or political committee or
  184  editorial endorsements.
  185         (10)(4)(a) “Expenditure” means a purchase, payment,
  186  distribution, loan, advance, transfer of funds by a campaign
  187  treasurer or deputy campaign treasurer between a primary
  188  depository and a separate interest-bearing account or
  189  certificate of deposit, or gift of money or anything of value
  190  made for the purpose of influencing the results of an election
  191  or making an electioneering communication. However,
  192  “expenditure” does not include a purchase, payment,
  193  distribution, loan, advance, or gift of money or anything of
  194  value made for the purpose of influencing the results of an
  195  election when made by an organization, in existence before prior
  196  to the time during which a candidate qualifies or an issue is
  197  placed on the ballot for that election, for the purpose of
  198  printing or distributing such organization’s newsletter,
  199  containing a statement by such organization in support of or
  200  opposition to a candidate or issue, which newsletter is
  201  distributed only to members of such organization.
  202         (b) As used in this chapter, an “expenditure” for an
  203  electioneering communication is made when the earliest of the
  204  following occurs:
  205         1. A person enters into a contract for applicable goods or
  206  services;
  207         2. A person makes payment, in whole or in part, for the
  208  production or public dissemination of applicable goods or
  209  services; or
  210         3. The electioneering communication is publicly
  211  disseminated.
  212         (12)(5)(a) “Independent expenditure” means an expenditure
  213  by a person for the purpose of expressly advocating the election
  214  or defeat of a candidate or the approval or rejection of an
  215  issue, which expenditure is not controlled by, coordinated with,
  216  or made upon consultation with, any candidate, political
  217  committee, or agent of such candidate or committee. An
  218  expenditure for such purpose by a person having a contract with
  219  the candidate, political committee, or agent of such candidate
  220  or committee in a given election period is shall not be deemed
  221  an independent expenditure.
  222         (b) An expenditure for the purpose of expressly advocating
  223  the election or defeat of a candidate which is made by the
  224  national, state, or county executive committee of a political
  225  party, including any subordinate committee of the political
  226  party, an affiliated party committee, a political committee, a
  227  committee of continuous existence, or any other person is shall
  228  not be considered an independent expenditure if the committee or
  229  person:
  230         1. Communicates with the candidate, the candidate’s
  231  campaign, or an agent of the candidate acting on behalf of the
  232  candidate, including a any pollster, media consultant,
  233  advertising agency, vendor, advisor, or staff member, concerning
  234  the preparation of, use of, or payment for, the specific
  235  expenditure or advertising campaign at issue; or
  236         2. Makes a payment in cooperation, consultation, or concert
  237  with, at the request or suggestion of, or pursuant to a any
  238  general or particular understanding with the candidate, the
  239  candidate’s campaign, a political committee supporting the
  240  candidate, or an agent of the candidate relating to the specific
  241  expenditure or advertising campaign at issue; or
  242         3. Makes a payment for the dissemination, distribution, or
  243  republication, in whole or in part, of a any broadcast or a any
  244  written, graphic, or other form of campaign material prepared by
  245  the candidate, the candidate’s campaign, or an agent of the
  246  candidate, including a any pollster, media consultant,
  247  advertising agency, vendor, advisor, or staff member; or
  248         4. Makes a payment based on information about the
  249  candidate’s plans, projects, or needs communicated to a member
  250  of the committee or person by the candidate or an agent of the
  251  candidate, provided the committee or person uses the information
  252  in any way, in whole or in part, either directly or indirectly,
  253  to design, prepare, or pay for the specific expenditure or
  254  advertising campaign at issue; or
  255         5. After the last day of the qualifying period prescribed
  256  for the candidate, consults about the candidate’s plans,
  257  projects, or needs in connection with the candidate’s pursuit of
  258  election to office and the information is used in any way to
  259  plan, create, design, or prepare an independent expenditure or
  260  advertising campaign, with:
  261         a. An Any officer, director, employee, or agent of a
  262  national, state, or county executive committee of a political
  263  party or an affiliated party committee that has made or intends
  264  to make expenditures in connection with or contributions to the
  265  candidate; or
  266         b. A Any person whose professional services have been
  267  retained by a national, state, or county executive committee of
  268  a political party or an affiliated party committee that has made
  269  or intends to make expenditures in connection with or
  270  contributions to the candidate; or
  271         6. After the last day of the qualifying period prescribed
  272  for the candidate, retains the professional services of a any
  273  person also providing those services to the candidate in
  274  connection with the candidate’s pursuit of election to office;
  275  or
  276         7. Arranges, coordinates, or directs the expenditure, in
  277  any way, with the candidate or an agent of the candidate.
  278         (7)(6) “Election” means a any primary election, special
  279  primary election, general election, special election, or
  280  municipal election held in this state for the purpose of
  281  nominating or electing candidates to public office, choosing
  282  delegates to the national nominating conventions of political
  283  parties, or submitting an issue to the electors for their
  284  approval or rejection.
  285         (13)(7) “Issue” means a any proposition that which is
  286  required by the State Constitution, by law or resolution of the
  287  Legislature, or by the charter, ordinance, or resolution of a
  288  any political subdivision of this state to be submitted to the
  289  electors for their approval or rejection at an election, or a
  290  any proposition for which a petition is circulated in order to
  291  have such proposition placed on the ballot at an any election.
  292         (14)(8) “Person” means an individual or a corporation,
  293  association, firm, partnership, joint venture, joint stock
  294  company, club, organization, estate, trust, business trust,
  295  syndicate, or other combination of individuals having collective
  296  capacity. The term includes a political party, affiliated party
  297  committee, or political committee, or committee of continuous
  298  existence.
  299         (2)(9) “Campaign treasurer” means an individual appointed
  300  by a candidate or political committee as provided in this
  301  chapter.
  302         (17)(10) “Public office” means a any state, county,
  303  municipal, or school or other district office or position that
  304  which is filled by vote of the electors.
  305         (1)(11) “Campaign fund raiser” means an any affair held to
  306  raise funds to be used in a campaign for public office.
  307         (6)(12) “Division” means the Division of Elections of the
  308  Department of State.
  309         (4)(13) “Communications media” means broadcasting stations,
  310  newspapers, magazines, outdoor advertising facilities, printers,
  311  direct mail, advertising agencies, the Internet, and telephone
  312  companies; but with respect to telephones, an expenditure is
  313  shall be deemed to be an expenditure for the use of
  314  communications media only if made for the costs of telephones,
  315  paid telephonists, or automatic telephone equipment to be used
  316  by a candidate or a political committee to communicate with
  317  potential voters but excluding the any costs of telephones
  318  incurred by a volunteer for use of telephones by such volunteer;
  319  however, with respect to the Internet, an expenditure is shall
  320  be deemed an expenditure for use of communications media only if
  321  made for the cost of creating or disseminating a message on a
  322  computer information system accessible by more than one person
  323  but excluding internal communications of a campaign or of any
  324  group.
  325         (11)(14) “Filing officer” means the person before whom a
  326  candidate qualifies, or the agency or officer with whom a
  327  political committee or an electioneering communications
  328  organization registers, or the agency by whom a committee of
  329  continuous existence is certified.
  330         (18)(15) “Unopposed candidate” means a candidate for
  331  nomination or election to an office who, after the last day on
  332  which a any person, including a write-in candidate, may qualify,
  333  is without opposition in the election at which the office is to
  334  be filled or who is without such opposition after such date as a
  335  result of a any primary election or of withdrawal by other
  336  candidates seeking the same office. A candidate is not an
  337  unopposed candidate if there is a vacancy to be filled under s.
  338  100.111(3), if there is a legal proceeding pending regarding the
  339  right to a ballot position for the office sought by the
  340  candidate, or if the candidate is seeking retention as a justice
  341  or judge.
  342         (3)(16) “Candidate” means a any person to whom any one or
  343  more of the following applies apply:
  344         (a) A Any person who seeks to qualify for nomination or
  345  election by means of the petitioning process.
  346         (b) A Any person who seeks to qualify for election as a
  347  write-in candidate.
  348         (c) A Any person who receives contributions or makes
  349  expenditures, or consents for any other person to receive
  350  contributions or make expenditures, with a view to bring about
  351  his or her nomination or election to, or retention in, public
  352  office.
  353         (d) A Any person who appoints a treasurer and designates a
  354  primary depository.
  355         (e) A Any person who files qualification papers and
  356  subscribes to a candidate’s oath as required by law.
  357  
  358  However, this definition does not include any candidate for a
  359  political party executive committee. Expenditures related to
  360  potential candidate polls as provided in s. 106.17 are not
  361  contributions or expenditures for purposes of this subsection.
  362         (15)(17) “Political advertisement” means a paid expression
  363  in a any communications media prescribed in subsection (4) (13),
  364  whether radio, television, newspaper, magazine, periodical,
  365  campaign literature, direct mail, or display or by means other
  366  than the spoken word in direct conversation, which expressly
  367  advocates the election or defeat of a candidate or the approval
  368  or rejection of an issue. However, political advertisement does
  369  not include:
  370         (a) A statement by an organization, in existence before
  371  prior to the time during which a candidate qualifies or an issue
  372  is placed on the ballot for that election, in support of or
  373  opposition to a candidate or issue, in that organization’s
  374  newsletter, which newsletter is distributed only to the members
  375  of that organization.
  376         (b) Editorial endorsements by a any newspaper, a radio or
  377  television station, or any other recognized news medium.
  378         (8)(18)(a) “Electioneering communication” means any
  379  communication that is publicly distributed by a television
  380  station, radio station, cable television system, satellite
  381  system, newspaper, magazine, direct mail, or telephone and that:
  382         1. Refers to or depicts a clearly identified candidate for
  383  office without expressly advocating the election or defeat of a
  384  candidate but that is susceptible of no reasonable
  385  interpretation other than an appeal to vote for or against a
  386  specific candidate;
  387         2. Is made within 30 days before a primary or special
  388  primary election or 60 days before any other election for the
  389  office sought by the candidate; and
  390         3. Is targeted to the relevant electorate in the geographic
  391  area the candidate would represent if elected.
  392         (b) The term “electioneering communication” does not
  393  include:
  394         1. A communication disseminated through a means of
  395  communication other than a television station, radio station,
  396  cable television system, satellite system, newspaper, magazine,
  397  direct mail, telephone, or statement or depiction by an
  398  organization, in existence before prior to the time during which
  399  a candidate named or depicted qualifies for that election, made
  400  in that organization’s newsletter, which newsletter is
  401  distributed only to members of that organization.
  402         2. A communication in a news story, commentary, or
  403  editorial distributed through the facilities of a any radio
  404  station, television station, cable television system, or
  405  satellite system, unless the facilities are owned or controlled
  406  by a any political party, political committee, or candidate. A
  407  news story distributed through the facilities owned or
  408  controlled by a any political party, political committee, or
  409  candidate may nevertheless be exempt if it represents a bona
  410  fide news account communicated through a licensed broadcasting
  411  facility and the communication is part of a general pattern of
  412  campaign-related news accounts that give reasonably equal
  413  coverage to all opposing candidates in the area.
  414         3. A communication that constitutes a public debate or
  415  forum that includes at least two opposing candidates for an
  416  office or one advocate and one opponent of an issue, or that
  417  solely promotes such a debate or forum and is made by or on
  418  behalf of the person sponsoring the debate or forum, provided
  419  that:
  420         a. The staging organization is either:
  421         (I) A charitable organization that does not make other
  422  electioneering communications and does not otherwise support or
  423  oppose any political candidate or political party; or
  424         (II) A newspaper, radio station, television station, or
  425  other recognized news medium; and
  426         b. The staging organization does not structure the debate
  427  to promote or advance one candidate or issue position over
  428  another.
  429         (c) For purposes of this chapter, an expenditure made for,
  430  or in furtherance of, an electioneering communication is shall
  431  not be considered a contribution to or on behalf of any
  432  candidate.
  433         (d) For purposes of this chapter, an electioneering
  434  communication does shall not constitute an independent
  435  expenditure and is not nor be subject to the limitations
  436  applicable to independent expenditures.
  437         (9)(19) “Electioneering communications organization” means
  438  any group, other than a political party, affiliated party
  439  committee, or political committee, or committee of continuous
  440  existence, whose election-related activities are limited to
  441  making expenditures for electioneering communications or
  442  accepting contributions for the purpose of making electioneering
  443  communications and whose activities would not otherwise require
  444  the group to register as a political party, or political
  445  committee, or committee of continuous existence under this
  446  chapter.
  447         Section 4. Paragraph (a) of subsection (1) of section
  448  106.021, Florida Statutes, is amended to read:
  449         106.021 Campaign treasurers; deputies; primary and
  450  secondary depositories.—
  451         (1)(a) Each candidate for nomination or election to office
  452  and each political committee shall appoint a campaign treasurer.
  453  Each person who seeks to qualify for nomination or election to,
  454  or retention in, office shall appoint a campaign treasurer and
  455  designate a primary campaign depository before prior to
  456  qualifying for office. Any person who seeks to qualify for
  457  election or nomination to any office by means of the petitioning
  458  process shall appoint a treasurer and designate a primary
  459  depository on or before the date he or she obtains the
  460  petitions. Each candidate shall At the same time a candidate he
  461  or she designates a campaign depository and appoints a
  462  treasurer, the candidate shall also designate the office for
  463  which he or she is a candidate. If the candidate is running for
  464  an office that which will be grouped on the ballot with two or
  465  more similar offices to be filled at the same election, the
  466  candidate must indicate for which group or district office he or
  467  she is running. Nothing in This subsection does not shall
  468  prohibit a candidate, at a later date, from changing the
  469  designation of the office for which he or she is a candidate.
  470  However, if a candidate changes the designated office for which
  471  he or she is a candidate, the candidate must notify all
  472  contributors in writing of the intent to seek a different office
  473  and offer to return pro rata, upon their request, those
  474  contributions given in support of the original office sought.
  475  This notification shall be given within 15 days after the filing
  476  of the change of designation and shall include a standard form
  477  developed by the Division of Elections for requesting the return
  478  of contributions. The notice requirement does shall not apply to
  479  any change in a numerical designation resulting solely from
  480  redistricting. If, within 30 days after being notified by the
  481  candidate of the intent to seek a different office, the
  482  contributor notifies the candidate in writing that the
  483  contributor wishes his or her contribution to be returned, the
  484  candidate shall return the contribution, on a pro rata basis,
  485  calculated as of the date the change of designation is filed. Up
  486  to a maximum of the contribution limits specified in s. 106.08,
  487  a candidate who runs for an office other than the office
  488  originally designated may use any contribution that a donor does
  489  not request Any contributions not requested to be returned
  490  within the 30-day period for the newly designated office,
  491  provided the candidate disposes of any amount exceeding the
  492  contribution limit pursuant to the options in s. 106.11(5)(b)
  493  and (c) or s. 106.141(4)(a)1., s. 106.141(4)(a)2., or s.
  494  106.141(4)(a)4.; notwithstanding, the full amount of the
  495  contribution for the original office shall count toward the
  496  contribution limits specified in s. 106.08 for the newly
  497  designated office may be used by the candidate for the newly
  498  designated office. A No person may not shall accept any
  499  contribution or make any expenditure with a view to bringing
  500  about his or her nomination, election, or retention in public
  501  office, or authorize another to accept such contributions or
  502  make such expenditure on the person’s behalf, unless such person
  503  has appointed a campaign treasurer and designated a primary
  504  campaign depository. A candidate for an office voted upon
  505  statewide may appoint not more than 15 deputy campaign
  506  treasurers, and any other candidate or political committee may
  507  appoint not more than 3 deputy campaign treasurers. The names
  508  and addresses of the campaign treasurer and deputy campaign
  509  treasurers so appointed shall be filed with the officer before
  510  whom such candidate is required to qualify or with whom such
  511  political committee is required to register pursuant to s.
  512  106.03.
  513         Section 5. Subsection (1) of section 106.022, Florida
  514  Statutes, is amended to read:
  515         106.022 Appointment of a registered agent; duties.—
  516         (1) Each political committee, committee of continuous
  517  existence, or electioneering communications organization shall
  518  have and continuously maintain in this state a registered office
  519  and a registered agent and must file with the filing officer a
  520  statement of appointment for the registered office and
  521  registered agent. The statement of appointment must:
  522         (a) Provide the name of the registered agent and the street
  523  address and phone number for the registered office;
  524         (b) Identify the entity for whom the registered agent
  525  serves;
  526         (c) Designate the address the registered agent wishes to
  527  use to receive mail;
  528         (d) Include the entity’s undertaking to inform the filing
  529  officer of any change in such designated address;
  530         (e) Provide for the registered agent’s acceptance of the
  531  appointment, which must confirm that the registered agent is
  532  familiar with and accepts the obligations of the position as set
  533  forth in this section; and
  534         (f) Contain the signature of the registered agent and the
  535  entity engaging the registered agent.
  536         Section 6. Paragraph (b) of subsection (1) and subsection
  537  (2) of section 106.03, Florida Statutes, are amended to read:
  538         106.03 Registration of political committees and
  539  electioneering communications organizations.—
  540         (1)
  541         (b)1. Each group shall file a statement of organization as
  542  an electioneering communications organization within 24 hours
  543  after the date on which it makes expenditures for an
  544  electioneering communication in excess of $5,000, if such
  545  expenditures are made within the timeframes specified in s.
  546  106.011(8)(a)2. 106.011(18)(a)2. If the group makes expenditures
  547  for an electioneering communication in excess of $5,000 before
  548  the timeframes specified in s. 106.011(8)(a)2. 106.011(18)(a)2.,
  549  it shall file the statement of organization within 24 hours
  550  after the 30th day before a primary or special primary election,
  551  or within 24 hours after the 60th day before any other election,
  552  whichever is applicable.
  553         2.a. In a statewide, legislative, or multicounty election,
  554  an electioneering communications organization shall file a
  555  statement of organization with the Division of Elections.
  556         b. In a countywide election or any election held on less
  557  than a countywide basis, except as described in sub-subparagraph
  558  c., an electioneering communications organization shall file a
  559  statement of organization with the supervisor of elections of
  560  the county in which the election is being held.
  561         c. In a municipal election, an electioneering
  562  communications organization shall file a statement of
  563  organization with the officer before whom municipal candidates
  564  qualify.
  565         d. Any electioneering communications organization that
  566  would be required to file a statement of organization in two or
  567  more locations need only file a statement of organization with
  568  the Division of Elections.
  569         (2) The statement of organization shall include:
  570         (a) The name, mailing address, and street address of the
  571  committee or electioneering communications organization;
  572         (b) The names, street addresses, and relationships of
  573  affiliated or connected organizations, including any affiliated
  574  sponsors;
  575         (c) The area, scope, or jurisdiction of the committee or
  576  electioneering communications organization;
  577         (d) The name, mailing address, street address, and position
  578  of the custodian of books and accounts;
  579         (e) The name, mailing address, street address, and position
  580  of other principal officers, including the treasurer and deputy
  581  treasurer, if any;
  582         (f) The name, address, office sought, and party affiliation
  583  of:
  584         1. Each candidate whom the committee is supporting;
  585         2. Any other individual, if any, whom the committee is
  586  supporting for nomination for election, or election, to any
  587  public office whatever;
  588         (g) Any issue or issues the committee is supporting or
  589  opposing;
  590         (h) If the committee is supporting the entire ticket of any
  591  party, a statement to that effect and the name of the party;
  592         (i) A statement of whether the committee is a continuing
  593  one;
  594         (j) Plans for the disposition of residual funds which will
  595  be made in the event of dissolution;
  596         (k) A listing of all banks, safe-deposit boxes, or other
  597  depositories used for committee or electioneering communications
  598  organization funds;
  599         (l) A statement of the reports required to be filed by the
  600  committee or the electioneering communications organization with
  601  federal officials, if any, and the names, addresses, and
  602  positions of such officials; and
  603         (m) A statement of whether the electioneering
  604  communications organization was formed as a newly created
  605  organization during the current calendar quarter or was formed
  606  from an organization existing prior to the current calendar
  607  quarter. For purposes of this subsection, calendar quarters end
  608  the last day of March, June, September, and December.
  609         Section 7. Section 106.07, Florida Statutes, is reenacted
  610  and amended to read:
  611         106.07 Reports; certification and filing.—
  612         (1) Each campaign treasurer designated by a candidate or
  613  political committee pursuant to s. 106.021 shall file regular
  614  reports of all contributions received, and all expenditures
  615  made, by or on behalf of such candidate or political committee.
  616  Except as provided in paragraphs (a) and (b) for the third
  617  calendar quarter immediately preceding a general election,
  618  reports shall be filed on the 10th day following the end of each
  619  calendar month quarter from the time the campaign treasurer is
  620  appointed, except that, if the 10th day following the end of a
  621  calendar month quarter occurs on a Saturday, Sunday, or legal
  622  holiday, the report shall be filed on the next following day
  623  that which is not a Saturday, Sunday, or legal holiday. Monthly
  624  Quarterly reports shall include all contributions received and
  625  expenditures made during the calendar month quarter which have
  626  not otherwise been reported pursuant to this section.
  627         (a) The following reports must be filed if the candidate or
  628  political committee is required to file reports with the
  629  division:
  630         1. On the 60th day immediately preceding the primary
  631  election, and each week thereafter, with the last weekly report
  632  being filed on the 11th day immediately preceding the general
  633  election.
  634         2. On the 10th day immediately preceding the general
  635  election, and each day thereafter, with the last daily report
  636  being filed the 4th day before the general election Except as
  637  provided in paragraph (b), the reports shall also be filed on
  638  the 32nd, 18th, and 4th days immediately preceding the primary
  639  and on the 46th, 32nd, 18th, and 4th days immediately preceding
  640  the election, for a candidate who is opposed in seeking
  641  nomination or election to any office, for a political committee,
  642  or for a committee of continuous existence.
  643         (b) If the candidate or political committee is required to
  644  file reports with a filing officer other than the division,
  645  reports must be filed on the 60th day immediately preceding the
  646  primary election, and each week thereafter, with the last weekly
  647  report being filed on the 4th day immediately preceding the
  648  general election Any statewide candidate who has requested to
  649  receive contributions pursuant to the Florida Election Campaign
  650  Financing Act or any statewide candidate in a race with a
  651  candidate who has requested to receive contributions pursuant to
  652  the act shall also file reports on the 4th, 11th, 18th, 25th,
  653  and 32nd days prior to the primary election, and on the 4th,
  654  11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to the
  655  general election.
  656         (c) Following the last day of qualifying for office, any
  657  unopposed candidate need only file a report within 90 days after
  658  the date such candidate became unopposed. Such report shall
  659  contain all previously unreported contributions and expenditures
  660  as required by this section and shall reflect disposition of
  661  funds as required by s. 106.141.
  662         (d)1. When a special election is called to fill a vacancy
  663  in office, all political committees making contributions or
  664  expenditures to influence the results of such special election
  665  or the preceding special primary election shall file campaign
  666  treasurers’ reports with the filing officer on the dates set by
  667  the Department of State pursuant to s. 100.111.
  668         2. When an election is called for an issue to appear on the
  669  ballot at a time when no candidates are scheduled to appear on
  670  the ballot, all political committees making contributions or
  671  expenditures in support of or in opposition to such issue shall
  672  file reports on the 18th and 4th days before prior to such
  673  election.
  674         (e) The filing officer shall provide each candidate with a
  675  schedule designating the beginning and end of reporting periods
  676  as well as the corresponding designated due dates.
  677         (2)(a)1. All reports required of a candidate by this
  678  section shall be filed with the officer before whom the
  679  candidate is required by law to qualify. All candidates who file
  680  with the Department of State shall file their reports pursuant
  681  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  682  be filed not later than 5 p.m. of the day designated; however,
  683  any report postmarked by the United States Postal Service no
  684  later than midnight of the day designated is shall be deemed to
  685  have been filed in a timely manner. Any report received by the
  686  filing officer within 5 days after the designated due date that
  687  was delivered by the United States Postal Service is shall be
  688  deemed timely filed unless it has a postmark that indicates that
  689  the report was mailed after the designated due date. A
  690  certificate of mailing obtained from and dated by the United
  691  States Postal Service at the time of mailing, or a receipt from
  692  an established courier company, which bears a date on or before
  693  the date on which the report is due, suffices as shall be proof
  694  of mailing in a timely manner. Reports must shall contain
  695  information on of all previously unreported contributions
  696  received and expenditures made as of the preceding Friday,
  697  except that the report filed on the Friday immediately preceding
  698  the election must shall contain information on of all previously
  699  unreported contributions received and expenditures made as of
  700  the day preceding that designated due date. All such reports are
  701  shall be open to public inspection.
  702         2. This subsection does not prohibit the governing body of
  703  a political subdivision, by ordinance or resolution, from
  704  imposing upon its own officers and candidates electronic filing
  705  requirements not in conflict with s. 106.0705. Expenditure of
  706  public funds for such purpose is deemed to be for a valid public
  707  purpose.
  708         (b)1. Any report that is deemed to be incomplete by the
  709  officer with whom the candidate qualifies must shall be accepted
  710  on a conditional basis. The campaign treasurer shall be notified
  711  by certified mail or by another method using a common carrier
  712  that provides a proof of delivery of the notice as to why the
  713  report is incomplete and within 7 days after receipt of such
  714  notice must file an addendum to the report providing all
  715  information necessary to complete the report in compliance with
  716  this section. Failure to file a complete report after such
  717  notice constitutes a violation of this chapter.
  718         2. Notice is deemed complete upon proof of delivery of a
  719  written notice to the mailing or street address of the campaign
  720  treasurer or registered agent of record with the filing officer.
  721         (3) Reports required of a political committee shall be
  722  filed with the agency or officer before whom such committee
  723  registers pursuant to s. 106.03(3) and shall be subject to the
  724  same filing conditions as established for candidates’ reports.
  725  Incomplete reports by political committees shall be treated in
  726  the manner provided for incomplete reports by candidates in
  727  subsection (2).
  728         (4)(a) Except as provided in paragraph (b), each report
  729  required by this section must contain:
  730         1. The full name, address, and occupation, if any of each
  731  person who has made one or more contributions to or for such
  732  committee or candidate within the reporting period, together
  733  with the amount and date of such contributions. For
  734  corporations, the report must provide as clear a description as
  735  practicable of the principal type of business conducted by the
  736  corporation. However, if the contribution is $100 or less or is
  737  from a relative, as defined in s. 112.312, provided that the
  738  relationship is reported, the occupation of the contributor or
  739  the principal type of business need not be listed.
  740         2. The name and address of each political committee from
  741  which the reporting committee or the candidate received, or to
  742  which the reporting committee or candidate made, any transfer of
  743  funds, together with the amounts and dates of all transfers.
  744         3. Each loan for campaign purposes to or from any person or
  745  political committee within the reporting period, together with
  746  the full names, addresses, and occupations, and principal places
  747  of business, if any, of the lender and endorsers, if any, and
  748  the date and amount of such loans.
  749         4. A statement of each contribution, rebate, refund, or
  750  other receipt not otherwise listed under subparagraphs 1.
  751  through 3.
  752         5. The total sums of all loans, in-kind contributions, and
  753  other receipts by or for such committee or candidate during the
  754  reporting period. The reporting forms shall be designed to
  755  elicit separate totals for in-kind contributions, loans, and
  756  other receipts.
  757         6. The full name and address of each person to whom
  758  expenditures have been made by or on behalf of the committee or
  759  candidate within the reporting period; the amount, date, and
  760  purpose of each such expenditure; and the name and address of,
  761  and office sought by, each candidate on whose behalf such
  762  expenditure was made. However, expenditures made from the petty
  763  cash fund provided by s. 106.12 need not be reported
  764  individually.
  765         7. The full name and address of each person to whom an
  766  expenditure for personal services, salary, or reimbursement for
  767  authorized expenses as provided in s. 106.021(3) has been made
  768  and which is not otherwise reported, including the amount, date,
  769  and purpose of such expenditure. However, expenditures made from
  770  the petty cash fund provided for in s. 106.12 need not be
  771  reported individually. Receipts for reimbursement for authorized
  772  expenditures shall be retained by the treasurer along with the
  773  records for the campaign account.
  774         8. The total amount withdrawn and the total amount spent
  775  for petty cash purposes pursuant to this chapter during the
  776  reporting period.
  777         9. The total sum of expenditures made by such committee or
  778  candidate during the reporting period.
  779         10. The amount and nature of debts and obligations owed by
  780  or to the committee or candidate, which relate to the conduct of
  781  any political campaign.
  782         11. Transaction information for each credit card purchase.
  783  Receipts for each credit card purchase shall be retained by the
  784  treasurer with the records for the campaign account.
  785         12. The amount and nature of any separate interest-bearing
  786  accounts or certificates of deposit and identification of the
  787  financial institution in which such accounts or certificates of
  788  deposit are located.
  789         13. The primary purposes of an expenditure made indirectly
  790  through a campaign treasurer pursuant to s. 106.021(3) for goods
  791  and services such as communications media placement or
  792  procurement services, campaign signs, insurance, and other
  793  expenditures that include multiple components as part of the
  794  expenditure. The primary purpose of an expenditure shall be that
  795  purpose, including integral and directly related components,
  796  that comprises 80 percent of such expenditure.
  797         (b) Multiple uniform contributions from the same person,
  798  aggregating no more than $250 per calendar year, collected by an
  799  organization that is the affiliated sponsor of a political
  800  committee, may be reported by the political committee in an
  801  aggregate amount listing the number of contributors together
  802  with the amount contributed by each and the total amount
  803  contributed during the reporting period. The identity of each
  804  person making such uniform contribution must be reported to the
  805  filing officer as provided in subparagraph (a)1. by July 1 of
  806  each calendar year, or, in a general election year, no later
  807  than the 60th day immediately preceding the primary election.
  808         (c)(b) The filing officer shall make available to any
  809  candidate or committee a reporting form which the candidate or
  810  committee may use to indicate contributions received by the
  811  candidate or committee but returned to the contributor before
  812  deposit.
  813         (5) The candidate and his or her campaign treasurer, in the
  814  case of a candidate, or the political committee chair and
  815  campaign treasurer of the committee, in the case of a political
  816  committee, shall certify as to the correctness of each report;
  817  and each person so certifying shall bear the responsibility for
  818  the accuracy and veracity of each report. Any campaign
  819  treasurer, candidate, or political committee chair who willfully
  820  certifies the correctness of any report while knowing that such
  821  report is incorrect, false, or incomplete commits a misdemeanor
  822  of the first degree, punishable as provided in s. 775.082 or s.
  823  775.083.
  824         (6) The records maintained by the campaign depository with
  825  respect to any campaign account regulated by this chapter are
  826  subject to inspection by an agent of the Division of Elections
  827  or the Florida Elections Commission at any time during normal
  828  banking hours, and such depository shall furnish certified
  829  copies of any of such records to the Division of Elections or
  830  Florida Elections Commission upon request.
  831         (7) Notwithstanding any other provisions of this chapter,
  832  in any reporting period during which a candidate or, political
  833  committee, or committee of continuous existence has not received
  834  funds, made any contributions, or expended any reportable funds,
  835  the filing of the required report for that period is waived.
  836  However, the next report filed must specify that the report
  837  covers the entire period between the last submitted report and
  838  the report being filed, and any candidate or, political
  839  committee, or committee of continuous existence not reporting by
  840  virtue of this subsection on dates prescribed elsewhere in this
  841  chapter shall notify the filing officer in writing on the
  842  prescribed reporting date that no report is being filed on that
  843  date.
  844         (8)(a) Any candidate or political committee failing to file
  845  a report on the designated due date is subject to a fine as
  846  provided in paragraph (b) for each late day, and, in the case of
  847  a candidate, such fine shall be paid only from personal funds of
  848  the candidate. The fine shall be assessed by the filing officer
  849  and the moneys collected shall be deposited:
  850         1. In the General Revenue Fund, in the case of a candidate
  851  for state office or a political committee that registers with
  852  the Division of Elections; or
  853         2. In the general revenue fund of the political
  854  subdivision, in the case of a candidate for an office of a
  855  political subdivision or a political committee that registers
  856  with an officer of a political subdivision.
  857  
  858  No separate fine shall be assessed for failure to file a copy of
  859  any report required by this section.
  860         (b) Upon determining that a report is late, the filing
  861  officer shall immediately notify the candidate or chair of the
  862  political committee as to the failure to file a report by the
  863  designated due date and that a fine is being assessed for each
  864  late day. The fine is shall be $50 per day for the first 3 days
  865  late and, thereafter, $500 per day for each late day, not to
  866  exceed 25 percent of the total receipts or expenditures,
  867  whichever is greater, for the period covered by the late report.
  868  However, for the reports immediately preceding each special
  869  primary election, special election, primary election, and
  870  general election, the fine is shall be $500 per day for each
  871  late day, not to exceed 25 percent of the total receipts or
  872  expenditures, whichever is greater, for the period covered by
  873  the late report. For reports required under s. 106.141(8)
  874  106.141(7), the fine is $50 per day for each late day, not to
  875  exceed 25 percent of the total receipts or expenditures,
  876  whichever is greater, for the period covered by the late report.
  877  Upon receipt of the report, the filing officer shall determine
  878  the amount of the fine which is due and shall notify the
  879  candidate or chair or registered agent of the political
  880  committee. The filing officer shall determine the amount of the
  881  fine due based upon the earliest of the following:
  882         1. When the report is actually received by such officer.
  883         2. When the report is postmarked.
  884         3. When the certificate of mailing is dated.
  885         4. When the receipt from an established courier company is
  886  dated.
  887         5. When the electronic receipt issued pursuant to s.
  888  106.0705 or other electronic filing system authorized in this
  889  section is dated.
  890  
  891  Such fine shall be paid to the filing officer within 20 days
  892  after receipt of the notice of payment due, unless appeal is
  893  made to the Florida Elections Commission pursuant to paragraph
  894  (c). Notice is deemed complete upon proof of delivery of written
  895  notice to the mailing or street address on record with the
  896  filing officer. In the case of a candidate, such fine is shall
  897  not be an allowable campaign expenditure and shall be paid only
  898  from personal funds of the candidate. An officer or member of a
  899  political committee is shall not be personally liable for such
  900  fine.
  901         (c) Any candidate or chair of a political committee may
  902  appeal or dispute the fine, based upon, but not limited to,
  903  unusual circumstances surrounding the failure to file on the
  904  designated due date, and may request and shall be entitled to a
  905  hearing before the Florida Elections Commission, which shall
  906  have the authority to waive the fine in whole or in part. The
  907  Florida Elections Commission must consider the mitigating and
  908  aggravating circumstances contained in s. 106.265(2) when
  909  determining the amount of a fine, if any, to be waived. Any such
  910  request shall be made within 20 days after receipt of the notice
  911  of payment due. In such case, the candidate or chair of the
  912  political committee shall, within the 20-day period, notify the
  913  filing officer in writing of his or her intention to bring the
  914  matter before the commission.
  915         (d) The appropriate filing officer shall notify the Florida
  916  Elections Commission of the repeated late filing by a candidate
  917  or political committee, the failure of a candidate or political
  918  committee to file a report after notice, or the failure to pay
  919  the fine imposed. The commission shall investigate only those
  920  alleged late filing violations specifically identified by the
  921  filing officer and as set forth in the notification. Any other
  922  alleged violations must be separately stated and reported by the
  923  division to the commission under s. 106.25(2).
  924         (9) The Department of State may prescribe by rule the
  925  requirements for filing campaign treasurers’ reports as set
  926  forth in this chapter.
  927         Section 8. Section 106.0703, Florida Statutes, is reenacted
  928  and amended to read:
  929         106.0703 Electioneering communications organizations;
  930  reporting requirements; certification and filing; penalties.—
  931         (1)(a) Each electioneering communications organization
  932  shall file regular reports of all contributions received and all
  933  expenditures made by or on behalf of the organization. Except as
  934  provided in paragraphs (b) and (c), reports must shall be filed
  935  on the 10th day following the end of each calendar month quarter
  936  from the time the organization is registered. However, if the
  937  10th day following the end of a calendar month quarter occurs on
  938  a Saturday, Sunday, or legal holiday, the report must shall be
  939  filed on the next following day that is not a Saturday, Sunday,
  940  or legal holiday. Monthly Quarterly reports must shall include
  941  all contributions received and expenditures made during the
  942  calendar month quarter that have not otherwise been reported
  943  pursuant to this section.
  944         (b) For an electioneering communications organization
  945  required to file reports with the division, reports must be
  946  filed:
  947         1. On the 60th day immediately preceding the primary
  948  election, and each week thereafter, with the last weekly report
  949  being filed on the 11th day immediately preceding the general
  950  election.
  951         2. On the 10th day immediately preceding the general
  952  election, and every day thereafter, with the last daily report
  953  being filed the day before the general election Following the
  954  last day of candidates qualifying for office, the reports shall
  955  be filed on the 32nd, 18th, and 4th days immediately preceding
  956  the primary election and on the 46th, 32nd, 18th, and 4th days
  957  immediately preceding the general election.
  958         (c) For an electioneering communications organization
  959  required to file reports with a filing officer other than the
  960  division, reports must be filed on the 60th day immediately
  961  preceding the primary election, and each week thereafter, with
  962  the last weekly report being filed on the 4th day immediately
  963  preceding the general election.
  964         (d)(c) When a special election is called to fill a vacancy
  965  in office, all electioneering communications organizations
  966  making contributions or expenditures to influence the results of
  967  the special election shall file reports with the filing officer
  968  on the dates set by the Department of State pursuant to s.
  969  100.111.
  970         (e)(d) In addition to the reports required by paragraph
  971  (a), an electioneering communications organization that is
  972  registered with the Department of State and that makes a
  973  contribution or expenditure to influence the results of a county
  974  or municipal election that is not being held at the same time as
  975  a state or federal election must file reports with the county or
  976  municipal filing officer on the same dates as county or
  977  municipal candidates or committees for that election. The
  978  electioneering communications organization must also include the
  979  expenditure in the next report filed with the Division of
  980  Elections pursuant to this section following the county or
  981  municipal election.
  982         (f)(e) The filing officer shall make available to each
  983  electioneering communications organization a schedule
  984  designating the beginning and end of reporting periods as well
  985  as the corresponding designated due dates.
  986         (2)(a) Except as provided in s. 106.0705, the reports
  987  required of an electioneering communications organization shall
  988  be filed with the filing officer not later than 5 p.m. of the
  989  day designated. However, any report postmarked by the United
  990  States Postal Service no later than midnight of the day
  991  designated shall be deemed to have been filed in a timely
  992  manner. Any report received by the filing officer within 5 days
  993  after the designated due date that was delivered by the United
  994  States Postal Service shall be deemed timely filed unless it has
  995  a postmark that indicates that the report was mailed after the
  996  designated due date. A certificate of mailing obtained from and
  997  dated by the United States Postal Service at the time of
  998  mailing, or a receipt from an established courier company, which
  999  bears a date on or before the date on which the report is due,
 1000  shall be proof of mailing in a timely manner. Reports shall
 1001  contain information of all previously unreported contributions
 1002  received and expenditures made as of the preceding Friday,
 1003  except that the report filed on the Friday immediately preceding
 1004  the election shall contain information of all previously
 1005  unreported contributions received and expenditures made as of
 1006  the day preceding the designated due date. All such reports
 1007  shall be open to public inspection.
 1008         (b)1. Any report that is deemed to be incomplete by the
 1009  officer with whom the electioneering communications organization
 1010  files shall be accepted on a conditional basis. The treasurer of
 1011  the electioneering communications organization shall be
 1012  notified, by certified mail or other common carrier that can
 1013  establish proof of delivery for the notice, as to why the report
 1014  is incomplete. Within 7 days after receipt of such notice, the
 1015  treasurer must file an addendum to the report providing all
 1016  information necessary to complete the report in compliance with
 1017  this section. Failure to file a complete report after such
 1018  notice constitutes a violation of this chapter.
 1019         2. Notice is deemed sufficient upon proof of delivery of
 1020  written notice to the mailing or street address of the treasurer
 1021  or registered agent of the electioneering communication
 1022  organization on record with the filing officer.
 1023         (3)(a) Each report required by this section must contain:
 1024         1. The full name, address, and occupation, if any, of each
 1025  person who has made one or more contributions to or for such
 1026  electioneering communications organization within the reporting
 1027  period, together with the amount and date of such contributions.
 1028  For corporations, the report must provide as clear a description
 1029  as practicable of the principal type of business conducted by
 1030  the corporation. However, if the contribution is $100 or less,
 1031  the occupation of the contributor or the principal type of
 1032  business need not be listed.
 1033         2. The name and address of each political committee from
 1034  which or to which the reporting electioneering communications
 1035  organization made any transfer of funds, together with the
 1036  amounts and dates of all transfers.
 1037         3. Each loan for electioneering communication purposes to
 1038  or from any person or political committee within the reporting
 1039  period, together with the full names, addresses, and occupations
 1040  and principal places of business, if any, of the lender and
 1041  endorsers, if any, and the date and amount of such loans.
 1042         4. A statement of each contribution, rebate, refund, or
 1043  other receipt not otherwise listed under subparagraphs 1.-3.
 1044         5. The total sums of all loans, in-kind contributions, and
 1045  other receipts by or for such electioneering communications
 1046  organization during the reporting period. The reporting forms
 1047  shall be designed to elicit separate totals for in-kind
 1048  contributions, loans, and other receipts.
 1049         6. The full name and address of each person to whom
 1050  expenditures have been made by or on behalf of the
 1051  electioneering communications organization within the reporting
 1052  period and the amount, date, and purpose of each expenditure.
 1053         7. The full name and address of each person to whom an
 1054  expenditure for personal services, salary, or reimbursement for
 1055  expenses has been made and that is not otherwise reported,
 1056  including the amount, date, and purpose of the expenditure.
 1057         8. The total sum of expenditures made by the electioneering
 1058  communications organization during the reporting period.
 1059         9. The amount and nature of debts and obligations owed by
 1060  or to the electioneering communications organization that relate
 1061  to the conduct of any electioneering communication.
 1062         10. Transaction information for each credit card purchase.
 1063  Receipts for each credit card purchase shall be retained by the
 1064  electioneering communications organization.
 1065         11. The amount and nature of any separate interest-bearing
 1066  accounts or certificates of deposit and identification of the
 1067  financial institution in which such accounts or certificates of
 1068  deposit are located.
 1069         12. The primary purposes of an expenditure made indirectly
 1070  through an electioneering communications organization for goods
 1071  and services, such as communications media placement or
 1072  procurement services and other expenditures that include
 1073  multiple components as part of the expenditure. The primary
 1074  purpose of an expenditure shall be that purpose, including
 1075  integral and directly related components, that comprises 80
 1076  percent of such expenditure.
 1077         (b) The filing officer shall make available to any
 1078  electioneering communications organization a reporting form
 1079  which the electioneering communications organization may use to
 1080  indicate contributions received by the electioneering
 1081  communications organization but returned to the contributor
 1082  before deposit.
 1083         (4) The treasurer of the electioneering communications
 1084  organization shall certify as to the correctness of each report,
 1085  and each person so certifying shall bear the responsibility for
 1086  the accuracy and veracity of each report. Any treasurer who
 1087  willfully certifies the correctness of any report while knowing
 1088  that such report is incorrect, false, or incomplete commits a
 1089  misdemeanor of the first degree, punishable as provided in s.
 1090  775.082 or s. 775.083.
 1091         (5) The electioneering communications organization
 1092  depository shall provide statements reflecting deposits and
 1093  expenditures from the account to the treasurer, who shall retain
 1094  the records pursuant to s. 106.06. The records maintained by the
 1095  depository with respect to the account shall be subject to
 1096  inspection by an agent of the Division of Elections or the
 1097  Florida Elections Commission at any time during normal banking
 1098  hours, and such depository shall furnish certified copies of any
 1099  such records to the Division of Elections or the Florida
 1100  Elections Commission upon request.
 1101         (6) Notwithstanding any other provisions of this chapter,
 1102  in any reporting period during which an electioneering
 1103  communications organization has not received funds, made any
 1104  contributions, or expended any reportable funds, the treasurer
 1105  shall file a written report with the filing officer by the
 1106  prescribed reporting date that no reportable contributions or
 1107  expenditures were made during the reporting period.
 1108         (7)(a) Any electioneering communications organization
 1109  failing to file a report on the designated due date shall be
 1110  subject to a fine as provided in paragraph (b) for each late
 1111  day. The fine shall be assessed by the filing officer, and the
 1112  moneys collected shall be deposited:
 1113         1. In the General Revenue Fund, in the case of an
 1114  electioneering communications organization that registers with
 1115  the Division of Elections; or
 1116         2. In the general revenue fund of the political
 1117  subdivision, in the case of an electioneering communications
 1118  organization that registers with an officer of a political
 1119  subdivision.
 1120  
 1121  No separate fine shall be assessed for failure to file a copy of
 1122  any report required by this section.
 1123         (b) Upon determining that a report is late, the filing
 1124  officer shall immediately notify the electioneering
 1125  communications organization as to the failure to file a report
 1126  by the designated due date and that a fine is being assessed for
 1127  each late day. The fine shall be $50 per day for the first 3
 1128  days late and, thereafter, $500 per day for each late day, not
 1129  to exceed 25 percent of the total receipts or expenditures,
 1130  whichever is greater, for the period covered by the late report.
 1131  However, for the reports immediately preceding each primary and
 1132  general election, the fine shall be $500 per day for each late
 1133  day, not to exceed 25 percent of the total receipts or
 1134  expenditures, whichever is greater, for the period covered by
 1135  the late report. Upon receipt of the report, the filing officer
 1136  shall determine the amount of the fine which is due and shall
 1137  notify the electioneering communications organization. The
 1138  filing officer shall determine the amount of the fine due based
 1139  upon the earliest of the following:
 1140         1. When the report is actually received by such officer.
 1141         2. When the report is postmarked.
 1142         3. When the certificate of mailing is dated.
 1143         4. When the receipt from an established courier company is
 1144  dated.
 1145         5. When the electronic receipt issued pursuant to s.
 1146  106.0705 or other electronic filing system authorized in this
 1147  section is dated.
 1148  
 1149  Such fine shall be paid to the filing officer within 20 days
 1150  after receipt of the notice of payment due, unless appeal is
 1151  made to the Florida Elections Commission pursuant to paragraph
 1152  (c). Notice is deemed sufficient upon proof of delivery of
 1153  written notice to the mailing or street address on record with
 1154  the filing officer. An officer or member of an electioneering
 1155  communications organization shall not be personally liable for
 1156  such fine.
 1157         (c) The treasurer of an electioneering communications
 1158  organization may appeal or dispute the fine, based upon, but not
 1159  limited to, unusual circumstances surrounding the failure to
 1160  file on the designated due date, and may request and shall be
 1161  entitled to a hearing before the Florida Elections Commission,
 1162  which shall have the authority to waive the fine in whole or in
 1163  part. The Florida Elections Commission must consider the
 1164  mitigating and aggravating circumstances contained in s.
 1165  106.265(2) when determining the amount of a fine, if any, to be
 1166  waived. Any such request shall be made within 20 days after
 1167  receipt of the notice of payment due. In such case, the
 1168  treasurer of the electioneering communications organization
 1169  shall, within the 20-day period, notify the filing officer in
 1170  writing of his or her intention to bring the matter before the
 1171  commission.
 1172         (d) The appropriate filing officer shall notify the Florida
 1173  Elections Commission of the repeated late filing by an
 1174  electioneering communications organization, the failure of an
 1175  electioneering communications organization to file a report
 1176  after notice, or the failure to pay the fine imposed. The
 1177  commission shall investigate only those alleged late filing
 1178  violations specifically identified by the filing officer and as
 1179  set forth in the notification. Any other alleged violations must
 1180  be stated separately and reported by the division to the
 1181  commission under s. 106.25(2).
 1182         (8) Electioneering communications organizations shall not
 1183  use credit cards.
 1184         Section 9. Section 106.0705, Florida Statutes, is reenacted
 1185  and amended to read:
 1186         106.0705 Electronic filing of campaign treasurer’s
 1187  reports.—
 1188         (1) As used in this section, “electronic filing system”
 1189  means an Internet system for recording and reporting campaign
 1190  finance activity by reporting period.
 1191         (2)(a) Each individual who is required to file reports with
 1192  the division pursuant to s. 106.07 or s. 106.141 must file such
 1193  reports by means of the division’s electronic filing system.
 1194         (b) Each political committee, committee of continuous
 1195  existence, electioneering communications organization,
 1196  affiliated party committee, or state executive committee that is
 1197  required to file reports with the division under s. 106.04, s.
 1198  106.07, s. 106.0703, or s. 106.29, as applicable, must file such
 1199  reports with the division by means of the division’s electronic
 1200  filing system.
 1201         (c) Each person or organization that is required to file
 1202  reports with the division under s. 106.071 must file such
 1203  reports by means of the division’s electronic filing system.
 1204         (3) Reports filed pursuant to this section shall be
 1205  completed and filed through the electronic filing system not
 1206  later than midnight of the day designated. Reports not filed by
 1207  midnight of the day designated are late filed and are subject to
 1208  the penalties under s. 106.04(9), s. 106.07(8), s. 106.0703(7),
 1209  or s. 106.29(3), as applicable.
 1210         (4) Each report filed pursuant to this section is
 1211  considered to be under oath by the candidate and treasurer, the
 1212  chair and treasurer, the treasurer under s. 106.0703, or the
 1213  leader and treasurer under s. 103.092, whichever is applicable,
 1214  and such persons are subject to the provisions of s.
 1215  106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as
 1216  applicable. Persons given a secure sign-on to the electronic
 1217  filing system are responsible for protecting such from
 1218  disclosure and are responsible for all filings using such
 1219  credentials, unless they have notified the division that their
 1220  credentials have been compromised.
 1221         (5) The electronic filing system developed by the division
 1222  must:
 1223         (a) Be based on access by means of the Internet.
 1224         (b) Be accessible by anyone with Internet access using
 1225  standard web-browsing software.
 1226         (c) Provide for direct entry of campaign finance
 1227  information as well as upload of such information from campaign
 1228  finance software certified by the division.
 1229         (d) Provide a method that prevents unauthorized access to
 1230  electronic filing system functions.
 1231         (6) The division shall adopt rules pursuant to ss.
 1232  120.536(1) and 120.54 to administer this section and provide for
 1233  the reports required to be filed pursuant to this section. Such
 1234  rules shall, at a minimum, provide:
 1235         (a) Alternate filing procedures in case the division’s
 1236  electronic filing system is not operable.
 1237         (b) For the issuance of an electronic receipt to the person
 1238  submitting the report indicating and verifying that the report
 1239  has been filed.
 1240         Section 10. Section 106.08, Florida Statutes, is amended to
 1241  read:
 1242         106.08 Contributions; limitations on.—
 1243         (1)(a) Except for political parties or affiliated party
 1244  committees, no person or, political committee, or committee of
 1245  continuous existence may, in any election, make contributions in
 1246  excess of the following amounts: in excess of $500 to any
 1247  candidate for election to or retention in office or to any
 1248  political committee supporting or opposing one or more
 1249  candidates.
 1250         1. To a candidate for statewide office or for retention as
 1251  a justice of the Supreme Court, $3,000. Candidates for the
 1252  offices of Governor and Lieutenant Governor on the same ticket
 1253  are considered a single candidate for the purpose of this
 1254  subparagraph section.
 1255         2. To a candidate for retention as a judge of a district
 1256  court of appeal, $2,000.
 1257         3. To a candidate for legislative or multicounty office; a
 1258  candidate for countywide office or in any election conducted on
 1259  less than a countywide basis; or a candidate for county court
 1260  judge or circuit judge, $500.
 1261         (b)1. The contribution limits provided in this subsection
 1262  do not apply to contributions made by a state or county
 1263  executive committee of a political party or affiliated party
 1264  committee regulated by chapter 103 or to amounts contributed by
 1265  a candidate to his or her own campaign.
 1266         2. Notwithstanding the limits provided in this subsection,
 1267  an unemancipated child under the age of 18 years of age may not
 1268  make a contribution in excess of $100 to any candidate or to any
 1269  political committee supporting one or more candidates.
 1270         (c) The contribution limits of this subsection apply to
 1271  each election. For purposes of this subsection, the primary
 1272  election and general election are separate elections so long as
 1273  the candidate is not an unopposed candidate as defined in s.
 1274  106.011 106.011(15). However, for the purpose of contribution
 1275  limits with respect to candidates for retention as a justice or
 1276  judge, there is only one election, which is the general
 1277  election.
 1278         (2)(a) A candidate may not accept contributions from a
 1279  county executive committee of a political party whose
 1280  contributions in the aggregate exceed $50,000, or from the
 1281  national, or state, or county executive committees of a
 1282  political party, including any subordinate committee of such
 1283  political party or affiliated party committees, whose which
 1284  contributions in the aggregate exceed $50,000.
 1285         (b) A candidate for statewide office may not accept
 1286  contributions from national, state, or county executive
 1287  committees of a political party, including any subordinate
 1288  committee of the political party, or affiliated party
 1289  committees, which contributions in the aggregate exceed
 1290  $250,000. Polling services, research services, costs for
 1291  campaign staff, professional consulting services, and telephone
 1292  calls are not contributions to be counted toward the
 1293  contribution limits of paragraph (a) or this paragraph. Any item
 1294  not expressly identified in this paragraph as nonallocable is a
 1295  contribution in an amount equal to the fair market value of the
 1296  item and must be counted as allocable toward the contribution
 1297  limits of paragraph (a) or this paragraph. Nonallocable, in-kind
 1298  contributions must be reported by the candidate under s. 106.07
 1299  and by the political party or affiliated party committee under
 1300  s. 106.29.
 1301         (3)(a) Any contribution received by a candidate with
 1302  opposition in an election or by the campaign treasurer or a
 1303  deputy campaign treasurer of such a candidate on the day of that
 1304  election or less than 5 days before prior to the day of that
 1305  election must be returned by him or her to the person or
 1306  committee contributing it and may not be used or expended by or
 1307  on behalf of the candidate.
 1308         (b) Any contribution received by a candidate or by the
 1309  campaign treasurer or a deputy campaign treasurer of a candidate
 1310  after the date at which the candidate withdraws his or her
 1311  candidacy, or after the date the candidate is defeated, becomes
 1312  unopposed, or is elected to office must be returned to the
 1313  person or committee contributing it and may not be used or
 1314  expended by or on behalf of the candidate.
 1315         (4) Any contribution received by the chair, campaign
 1316  treasurer, or deputy campaign treasurer of a political committee
 1317  supporting or opposing a candidate with opposition in an
 1318  election or supporting or opposing an issue on the ballot in an
 1319  election on the day of that election or less than 5 days before
 1320  prior to the day of that election may not be obligated or
 1321  expended by the committee until after the date of the election.
 1322         (5)(a) A person may not make any contribution through or in
 1323  the name of another, directly or indirectly, in any election.
 1324         (b) Candidates, political committees, affiliated party
 1325  committees, and political parties may not solicit contributions
 1326  from any religious, charitable, civic, or other causes or
 1327  organizations established primarily for the public good.
 1328         (c) Candidates, political committees, affiliated party
 1329  committees, and political parties may not make contributions, in
 1330  exchange for political support, to any religious, charitable,
 1331  civic, or other cause or organization established primarily for
 1332  the public good. It is not a violation of this paragraph for:
 1333         1. A candidate, political committee, affiliated party
 1334  committee, or political party executive committee to make gifts
 1335  of money in lieu of flowers in memory of a deceased person;
 1336         2. A candidate to continue membership in, or make regular
 1337  donations from personal or business funds to, religious,
 1338  political party, affiliated party committee, civic, or
 1339  charitable groups of which the candidate is a member or to which
 1340  the candidate has been a regular donor for more than 6 months;
 1341  or
 1342         3. A candidate to purchase, with campaign funds, tickets,
 1343  admission to events, or advertisements from religious, civic,
 1344  political party, affiliated party committee, or charitable
 1345  groups.
 1346         (6)(a) A political party or affiliated party committee may
 1347  not accept any contribution that has been specifically
 1348  designated for the partial or exclusive use of a particular
 1349  candidate. Any contribution so designated must be returned to
 1350  the contributor and may not be used or expended by or on behalf
 1351  of the candidate. Funds contributed to an affiliated party
 1352  committee may shall not be deemed as designated for the partial
 1353  or exclusive use of a leader as defined in s. 103.092.
 1354         (b)1. A political party or affiliated party committee may
 1355  not accept any in-kind contribution that fails to provide a
 1356  direct benefit to the political party or affiliated party
 1357  committee. A “direct benefit” includes, but is not limited to,
 1358  fundraising or furthering the objectives of the political party
 1359  or affiliated party committee.
 1360         2.a. An in-kind contribution to a state political party may
 1361  be accepted only by the chairperson of the state political party
 1362  or by the chairperson’s designee or designees whose names are on
 1363  file with the division in a form acceptable to the division
 1364  before prior to the date of the written notice required in sub
 1365  subparagraph b. An in-kind contribution to a county political
 1366  party may be accepted only by the chairperson of the county
 1367  political party or by the county chairperson’s designee or
 1368  designees whose names are on file with the supervisor of
 1369  elections of the respective county before prior to the date of
 1370  the written notice required in sub-subparagraph b. An in-kind
 1371  contribution to an affiliated party committee may be accepted
 1372  only by the leader of the affiliated party committee as defined
 1373  in s. 103.092 or by the leader’s designee or designees whose
 1374  names are on file with the division in a form acceptable to the
 1375  division before prior to the date of the written notice required
 1376  in sub-subparagraph b.
 1377         b. A person making an in-kind contribution to a state or
 1378  county political party or affiliated party committee must
 1379  provide prior written notice of the contribution to a person
 1380  described in sub-subparagraph a. The prior written notice must
 1381  be signed and dated and may be provided by an electronic or
 1382  facsimile message. However, prior written notice is not required
 1383  for an in-kind contribution that consists of food and beverage
 1384  in an aggregate amount not exceeding $1,500 which is consumed at
 1385  a single sitting or event if such in-kind contribution is
 1386  accepted in advance by a person specified in sub-subparagraph a.
 1387         c. A person described in sub-subparagraph a. may accept an
 1388  in-kind contribution requiring prior written notice only in a
 1389  writing that is dated before the in-kind contribution is made.
 1390  Failure to obtain the required written acceptance of an in-kind
 1391  contribution to a state or county political party or affiliated
 1392  party committee constitutes a refusal of the contribution.
 1393         d. A copy of each prior written acceptance required under
 1394  sub-subparagraph c. must be filed at the time the regular
 1395  reports of contributions and expenditures required under s.
 1396  106.29 are filed by the state executive committee, county
 1397  executive committee, and affiliated party committee. A state
 1398  executive committee and an affiliated party committee must file
 1399  with the division. A county executive committee must file with
 1400  the county’s supervisor of elections.
 1401         e. An in-kind contribution may not be given to a state or
 1402  county political party or affiliated party committee unless the
 1403  in-kind contribution is made as provided in this subparagraph.
 1404         (7)(a) Any person who knowingly and willfully makes or
 1405  accepts no more than one contribution in violation of subsection
 1406  (1) or subsection (5), or any person who knowingly and willfully
 1407  fails or refuses to return any contribution as required in
 1408  subsection (3), commits a misdemeanor of the first degree,
 1409  punishable as provided in s. 775.082 or s. 775.083. If any
 1410  corporation, partnership, or other business entity or any
 1411  political party, affiliated party committee, political
 1412  committee, committee of continuous existence, or electioneering
 1413  communications organization is convicted of knowingly and
 1414  willfully violating any provision punishable under this
 1415  paragraph, it shall be fined not less than $1,000 and not more
 1416  than $10,000. If it is a domestic entity, it may be ordered
 1417  dissolved by a court of competent jurisdiction; if it is a
 1418  foreign or nonresident business entity, its right to do business
 1419  in this state may be forfeited. Any officer, partner, agent,
 1420  attorney, or other representative of a corporation, partnership,
 1421  or other business entity, or of a political party, affiliated
 1422  party committee, political committee, committee of continuous
 1423  existence, electioneering communications organization, or
 1424  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1425  of the Internal Revenue Code, who aids, abets, advises, or
 1426  participates in a violation of any provision punishable under
 1427  this paragraph commits a misdemeanor of the first degree,
 1428  punishable as provided in s. 775.082 or s. 775.083.
 1429         (b) Any person who knowingly and willfully makes or accepts
 1430  two or more contributions in violation of subsection (1) or
 1431  subsection (5) commits a felony of the third degree, punishable
 1432  as provided in s. 775.082, s. 775.083, or s. 775.084. If any
 1433  corporation, partnership, or other business entity or any
 1434  political party, affiliated party committee, political
 1435  committee, committee of continuous existence, or electioneering
 1436  communications organization is convicted of knowingly and
 1437  willfully violating any provision punishable under this
 1438  paragraph, it shall be fined not less than $10,000 and not more
 1439  than $50,000. If it is a domestic entity, it may be ordered
 1440  dissolved by a court of competent jurisdiction; if it is a
 1441  foreign or nonresident business entity, its right to do business
 1442  in this state may be forfeited. Any officer, partner, agent,
 1443  attorney, or other representative of a corporation, partnership,
 1444  or other business entity, or of a political committee, committee
 1445  of continuous existence, political party, affiliated party
 1446  committee, or electioneering communications organization, or
 1447  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1448  of the Internal Revenue Code, who aids, abets, advises, or
 1449  participates in a violation of any provision punishable under
 1450  this paragraph commits a felony of the third degree, punishable
 1451  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1452         (8) Except when otherwise provided in subsection (7), any
 1453  person who knowingly and willfully violates any provision of
 1454  this section shall, in addition to any other penalty prescribed
 1455  by this chapter, pay to the state a sum equal to twice the
 1456  amount contributed in violation of this chapter. Each campaign
 1457  treasurer shall pay all amounts contributed in violation of this
 1458  section to the state for deposit in the General Revenue Fund.
 1459         (9) This section does not apply to the transfer of funds
 1460  between a primary campaign depository and a savings account or
 1461  certificate of deposit or to any interest earned on such account
 1462  or certificate.
 1463         (10) Contributions to a political committee or committee of
 1464  continuous existence may be received by an affiliated
 1465  organization and transferred to the bank account of the
 1466  political committee or committee of continuous existence via
 1467  check written from the affiliated organization if such
 1468  contributions are specifically identified as intended to be
 1469  contributed to the political committee or committee of
 1470  continuous existence. All contributions received in this manner
 1471  shall be reported pursuant to s. 106.07 by the political
 1472  committee or committee of continuous existence as having been
 1473  made by the original contributor.
 1474         Section 11. Section 106.141, Florida Statutes, is amended
 1475  to read:
 1476         106.141 Disposition of surplus funds by candidates.—
 1477         (1) Except as provided in subsection (6), each candidate
 1478  who withdraws his or her candidacy, becomes an unopposed
 1479  candidate, or is eliminated as a candidate or elected to office
 1480  shall, within 90 days, dispose of the funds on deposit in his or
 1481  her campaign account and file a report reflecting the
 1482  disposition of all remaining funds. Such candidate may shall not
 1483  accept any contributions, nor may shall any person accept
 1484  contributions on behalf of such candidate, after the candidate
 1485  withdraws his or her candidacy, becomes unopposed, or is
 1486  eliminated or elected. However, if a candidate receives a refund
 1487  check after all surplus funds have been disposed of, the check
 1488  may be endorsed by the candidate and the refund disposed of
 1489  under this section. An amended report must be filed showing the
 1490  refund and subsequent disposition.
 1491         (2) Any candidate required to dispose of funds pursuant to
 1492  this section may, before prior to such disposition, be
 1493  reimbursed by the campaign, in full or in part, for any reported
 1494  contributions by the candidate to the campaign.
 1495         (3) The campaign treasurer of a candidate who withdraws his
 1496  or her candidacy, becomes unopposed, or is eliminated as a
 1497  candidate or elected to office and who has funds on deposit in a
 1498  separate interest-bearing account or certificate of deposit
 1499  shall, within 7 days after the date of becoming unopposed or the
 1500  date of such withdrawal, elimination, or election, transfer such
 1501  funds and the accumulated interest earned thereon to the
 1502  campaign account of the candidate for disposal under this
 1503  section. However, if the funds are in an account in which
 1504  penalties will apply for withdrawal within the 7-day period, the
 1505  campaign treasurer shall transfer such funds and the accumulated
 1506  interest earned thereon as soon as the funds can be withdrawn
 1507  without penalty, or within 90 days after the candidate becomes
 1508  unopposed, withdraws his or her candidacy, or is eliminated or
 1509  elected, whichever comes first.
 1510         (4)(a) Except as provided in paragraph (b), any candidate
 1511  required to dispose of funds pursuant to this section shall, at
 1512  the option of the candidate, dispose of such funds by any of the
 1513  following means, or any combination thereof:
 1514         1. Return pro rata to each contributor the funds that have
 1515  not been spent or obligated.
 1516         2. Donate the funds that have not been spent or obligated
 1517  to a charitable organization or organizations that meet the
 1518  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 1519         3. Give not more than $25,000 of the funds that have not
 1520  been spent or obligated to the affiliated party committee or
 1521  political party of which such candidate is a member.
 1522         4. Give the funds that have not been spent or obligated:
 1523         a. In the case of a candidate for state office, to the
 1524  state, to be deposited in either the Election Campaign Financing
 1525  Trust Fund or the General Revenue Fund, as designated by the
 1526  candidate; or
 1527         b. In the case of a candidate for an office of a political
 1528  subdivision, to such political subdivision, to be deposited in
 1529  the general fund thereof.
 1530         (b) Any candidate required to dispose of funds pursuant to
 1531  this section who has received contributions pursuant to the
 1532  Florida Election Campaign Financing Act shall, after all
 1533  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
 1534  been met, return all surplus campaign funds to the General
 1535  Revenue Fund.
 1536         (5) A candidate elected to office or a candidate who will
 1537  be elected to office by virtue of his or her being unopposed
 1538  may, in addition to the disposition methods provided in
 1539  subsection (4), transfer from the campaign account to an office
 1540  account any amount of the funds on deposit in such campaign
 1541  account up to:
 1542         (a) Fifty Twenty thousand dollars, for a candidate for
 1543  statewide office. The Governor and Lieutenant Governor shall be
 1544  considered separate candidates for the purpose of this section.
 1545         (b) Ten Five thousand dollars, for a candidate for
 1546  multicounty office.
 1547         (c) Ten Five thousand dollars multiplied by the number of
 1548  years in the term of office for which elected, for a candidate
 1549  for legislative office.
 1550         (d) Five thousand Two thousand five hundred dollars
 1551  multiplied by the number of years in the term of office for
 1552  which elected, for a candidate for county office or for a
 1553  candidate in any election conducted on less than a countywide
 1554  basis.
 1555         (e) Six thousand dollars, for a candidate for retention as
 1556  a justice of the Supreme Court.
 1557         (f) Three thousand dollars, for a candidate for retention
 1558  as a judge of a district court of appeal.
 1559         (g) Three thousand One thousand five hundred dollars, for a
 1560  candidate for county court judge or circuit judge.
 1561  
 1562  The office account established pursuant to this subsection shall
 1563  be separate from any personal or other account. Any funds so
 1564  transferred by a candidate shall be used only for legitimate
 1565  expenses in connection with the candidate’s public office. Such
 1566  expenses may include travel expenses incurred by the officer or
 1567  a staff member;, personal taxes payable on office account funds
 1568  by the candidate or elected public official; professional
 1569  services provided by a certified public accountant for
 1570  preparation of the elected public official’s financial
 1571  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
 1572  to prepare, print, produce, and mail holiday cards or
 1573  newsletters about the elected public official’s public business
 1574  to constituents, if such correspondence does not constitute a
 1575  political advertisement, independent expenditure, or
 1576  electioneering communication as provided in s. 106.011; fees or
 1577  dues to religious, civic, or charitable organizations of which
 1578  the elected public official is a member; items of modest value
 1579  such as flowers, greeting cards, or personal notes given as a
 1580  substitute for, or in association with, an elected public
 1581  official’s personal attendance at a constituent’s special event
 1582  or family occasion, such as the birth of a child, graduation,
 1583  wedding, or funeral; personal expenses incurred by the elected
 1584  public official in connection with attending a constituent
 1585  meeting or event where public policy is discussed, if such
 1586  meetings or events are limited to no more than once a week;, or
 1587  expenses incurred in the operation of the elected public
 1588  official’s his or her office, including the employment of
 1589  additional staff. The funds may be deposited in a savings
 1590  account; however, all deposits, withdrawals, and interest earned
 1591  thereon shall be reported at the appropriate reporting period.
 1592  If a candidate is reelected to office or elected to another
 1593  office and has funds remaining in his or her office account, he
 1594  or she may transfer surplus campaign funds to the office
 1595  account. At no time may the funds in the office account exceed
 1596  the limitation imposed by this subsection. Upon leaving public
 1597  office, any person who has funds in an office account pursuant
 1598  to this subsection remaining on deposit shall give such funds to
 1599  a charitable organization that meets or organizations which meet
 1600  the requirements of s. 501(c)(3) of the Internal Revenue Code
 1601  or, in the case of a state officer, to the state to be deposited
 1602  in the General Revenue Fund or, in the case of an officer of a
 1603  political subdivision, to the political subdivision to be
 1604  deposited in the general fund thereof.
 1605         (6)(a) For purposes of this subsection, the term “same
 1606  office” with respect to legislative office means an office in
 1607  the same legislative body, irrespective of district number or
 1608  designation or geographic boundary.
 1609         (b) A candidate elected to state office or a candidate who
 1610  will be elected to state office by virtue of his or her being
 1611  unopposed after candidate qualifying ends, may retain up to
 1612  $20,000 in his or her campaign account, or in an interest
 1613  bearing account or certificate of deposit, for use in his or her
 1614  next campaign for the same office, in addition to the
 1615  disposition methods provided in subsections (4) and (5). All
 1616  requirements applicable to candidate campaign accounts under
 1617  this chapter, including disclosure requirements applicable to
 1618  candidate campaign accounts, limitations on expenditures, and
 1619  limitations on contributions, apply to any retained funds.
 1620         (c) If a candidate who has retained funds under this
 1621  subsection does not qualify as a candidate for reelection to the
 1622  same office, all retained funds shall be disposed of as
 1623  otherwise required by this section or s. 106.11(5) within 90
 1624  days after the last day of candidate qualifying for that office.
 1625  Requirements in this section applicable to the disposal of
 1626  surplus funds, including reporting requirements, are applicable
 1627  to the disposal of retained funds.
 1628         (7)(6)Before Prior to disposing of funds pursuant to
 1629  subsection (4), or transferring funds into an office account
 1630  pursuant to subsection (5), or retaining funds for reelection
 1631  pursuant to subsection (6), any candidate who filed an oath
 1632  stating that he or she was unable to pay the election assessment
 1633  or fee for verification of petition signatures without imposing
 1634  an undue burden on his or her personal resources or on resources
 1635  otherwise available to him or her, or who filed both such oaths,
 1636  or who qualified by the petition process and was not required to
 1637  pay an election assessment, shall reimburse the state or local
 1638  governmental entity, whichever is applicable, for such waived
 1639  assessment or fee or both. Such reimbursement shall be made
 1640  first for the cost of petition verification and then, if funds
 1641  are remaining, for the amount of the election assessment. If
 1642  there are insufficient funds in the account to pay the full
 1643  amount of either the assessment or the fee or both, the
 1644  remaining funds shall be disbursed in the above manner until no
 1645  funds remain. All funds disbursed pursuant to this subsection
 1646  shall be remitted to the qualifying officer. Any reimbursement
 1647  for petition verification costs which are reimbursable by the
 1648  state shall be forwarded by the qualifying officer to the state
 1649  for deposit in the General Revenue Fund. All reimbursements for
 1650  the amount of the election assessment shall be forwarded by the
 1651  qualifying officer to the Department of State for deposit in the
 1652  General Revenue Fund.
 1653         (8)(a)(7)(a) Any candidate required to dispose of campaign
 1654  funds pursuant to this section shall do so within the time
 1655  required by this section and shall, on or before the date by
 1656  which such disposition is to have been made, shall file with the
 1657  officer with whom reports are required to be filed pursuant to
 1658  s. 106.07 a form prescribed by the Division of Elections
 1659  listing:
 1660         1. The name and address of each person or unit of
 1661  government to whom any of the funds were distributed and the
 1662  amounts thereof;
 1663         2. The name and address of each person to whom an
 1664  expenditure was made, together with the amount thereof and
 1665  purpose therefor; and
 1666         3. The amount of such funds transferred to an office
 1667  account by the candidate, together with the name and address of
 1668  the bank, savings and loan association, or credit union in which
 1669  the office account is located; and
 1670         4. The amount of such funds retained pursuant to subsection
 1671  (6), together with the name and address of the bank, savings and
 1672  loan association, or credit union in which the retained funds
 1673  are located.
 1674  
 1675  Such report shall be signed by the candidate and the campaign
 1676  treasurer and certified as true and correct pursuant to s.
 1677  106.07.
 1678         (b) The filing officer shall notify each candidate at least
 1679  14 days before the date the report is due.
 1680         (c) Any candidate failing to file a report on the
 1681  designated due date shall be subject to a fine as provided in s.
 1682  106.07 for submitting late termination reports.
 1683         (9)(8) Any candidate elected to office who transfers
 1684  surplus campaign funds into an office account pursuant to
 1685  subsection (5) shall file a report on the 10th day following the
 1686  end of each calendar quarter until the account is closed. Such
 1687  reports shall contain the name and address of each person to
 1688  whom any disbursement of funds was made, together with the
 1689  amount thereof and the purpose therefor, and the name and
 1690  address of any person from whom the elected candidate received
 1691  any refund or reimbursement and the amount thereof. Such reports
 1692  shall be on forms prescribed by the Division of Elections,
 1693  signed by the elected candidate, certified as true and correct,
 1694  and filed with the officer with whom campaign reports were filed
 1695  pursuant to s. 106.07(2).
 1696         (10)(9) Any candidate, or any person on behalf of a
 1697  candidate, who accepts contributions after such candidate has
 1698  withdrawn his or her candidacy, after the candidate has become
 1699  an unopposed candidate, or after the candidate has been
 1700  eliminated as a candidate or elected to office commits a
 1701  misdemeanor of the first degree, punishable as provided in s.
 1702  775.082 or s. 775.083.
 1703         (11)(10) Any candidate who is required by the provisions of
 1704  this section to dispose of funds in his or her campaign account
 1705  and who fails to dispose of the funds in the manner provided in
 1706  this section commits a misdemeanor of the first degree,
 1707  punishable as provided in s. 775.082 or s. 775.083.
 1708         Section 12. Section 106.29, Florida Statutes, is reenacted
 1709  and amended to read:
 1710         106.29 Reports by political parties and affiliated party
 1711  committees; restrictions on contributions and expenditures;
 1712  penalties.—
 1713         (1)(a) The state executive committee and each county
 1714  executive committee of each political party and any affiliated
 1715  party committee regulated by chapter 103 shall file regular
 1716  reports of all contributions received and all expenditures made
 1717  by such committee. However, the reports may shall not include
 1718  contributions and expenditures that are reported to the Federal
 1719  Election Commission.
 1720         (b) Each state executive committee and affiliated party
 1721  committee shall file regular reports with the Division of
 1722  Elections. Each county executive committee shall file reports
 1723  with the supervisor of elections in the county in which such
 1724  committee exists. Such reports must contain the same information
 1725  as do reports required of candidates by s. 106.07 and must be
 1726  filed at the same times and subject to the same filing
 1727  conditions established by s. 106.07(1) and (2) for candidates
 1728  reports filed with the division. In addition, when a special
 1729  election is called to fill a vacancy in office, each state
 1730  executive committee, each affiliated party committee, and each
 1731  county executive committee making contributions or expenditures
 1732  to influence the results of the special election or the
 1733  preceding special primary election must file campaign
 1734  treasurers’ reports on the dates set by the Department of State
 1735  pursuant to s. 100.111. Such reports shall contain the same
 1736  information as do reports required of candidates by s. 106.07
 1737  and shall be filed on the 10th day following the end of each
 1738  calendar quarter, except that, during the period from the last
 1739  day for candidate qualifying until the general election, such
 1740  reports shall be filed on the Friday immediately preceding each
 1741  special primary election, special election, primary election,
 1742  and general election.
 1743         (c) In addition to the reports filed under this section,
 1744  the state executive committee, each county executive committee,
 1745  and each affiliated party committee shall file a copy of each
 1746  prior written acceptance of an in-kind contribution given by the
 1747  committee during the preceding calendar quarter as required
 1748  under s. 106.08(6). Each state executive committee and
 1749  affiliated party committee shall file its reports with the
 1750  Division of Elections. Each county executive committee shall
 1751  file its reports with the supervisor of elections in the county
 1752  in which such committee exists.
 1753         (d) Any state or county executive committee or affiliated
 1754  party committee failing to file a report on the designated due
 1755  date is shall be subject to a fine as provided in subsection
 1756  (3). A No separate fine may not shall be assessed for failure to
 1757  file a copy of any report required by this section.
 1758         (2) The chair and treasurer of each state or county
 1759  executive committee shall certify as to the correctness of each
 1760  report filed by them on behalf of such committee. The leader and
 1761  treasurer of each affiliated party committee under s. 103.092
 1762  shall certify as to the correctness of each report filed by them
 1763  on behalf of such committee. Any committee chair, leader, or
 1764  treasurer who certifies the correctness of any report while
 1765  knowing that such report is incorrect, false, or incomplete
 1766  commits a felony of the third degree, punishable as provided in
 1767  s. 775.082, s. 775.083, or s. 775.084.
 1768         (3)(a) A Any state or county executive committee or
 1769  affiliated party committee that fails failing to file a report
 1770  on the designated due date is shall be subject to a fine as
 1771  provided in paragraph (b) for each late day. The fine shall be
 1772  assessed by the filing officer, and the moneys collected shall
 1773  be deposited in the General Revenue Fund.
 1774         (b) Upon determining that a report is late, the filing
 1775  officer shall immediately notify the chair of the executive
 1776  committee or the leader of the affiliated party committee as
 1777  defined in s. 103.092 as to the failure to file a report by the
 1778  designated due date and that a fine is being assessed for each
 1779  late day. The fine is shall be $1,000 for a state executive
 1780  committee, $1,000 for an affiliated party committee, and $50 for
 1781  a county executive committee, per day for each late day, not to
 1782  exceed 25 percent of the total receipts or expenditures,
 1783  whichever is greater, for the period covered by the late report.
 1784  However, if an executive committee or an affiliated party
 1785  committee fails to file a report on the Friday immediately
 1786  preceding the special election or general election, the fine is
 1787  shall be $10,000 per day for each day a state executive
 1788  committee is late, $10,000 per day for each day an affiliated
 1789  party committee is late, and $500 per day for each day a county
 1790  executive committee is late. Upon receipt of the report, the
 1791  filing officer shall determine the amount of the fine which is
 1792  due and shall notify the chair or leader as defined in s.
 1793  103.092. Notice is deemed complete upon proof of delivery of
 1794  written notice to the mailing or street address on record with
 1795  the filing officer. The filing officer shall determine the
 1796  amount of the fine due based upon the earliest of the following:
 1797         1. When the report is actually received by such officer.
 1798         2. When the report is postmarked.
 1799         3. When the certificate of mailing is dated.
 1800         4. When the receipt from an established courier company is
 1801  dated.
 1802         5. When the electronic receipt issued pursuant to s.
 1803  106.0705 is dated.
 1804  
 1805  Such fine shall be paid to the filing officer within 20 days
 1806  after receipt of the notice of payment due, unless appeal is
 1807  made to the Florida Elections Commission pursuant to paragraph
 1808  (c). An officer or member of an executive committee is not shall
 1809  not be personally liable for such fine.
 1810         (c) The chair of an executive committee or the leader of an
 1811  affiliated party committee as defined in s. 103.092 may appeal
 1812  or dispute the fine, based upon unusual circumstances
 1813  surrounding the failure to file on the designated due date, and
 1814  may request and is shall be entitled to a hearing before the
 1815  Florida Elections Commission, which has shall have the authority
 1816  to waive the fine in whole or in part. Any such request shall be
 1817  made within 20 days after receipt of the notice of payment due.
 1818  In such case, the chair of the executive committee or the leader
 1819  of the affiliated party committee as defined in s. 103.092
 1820  shall, within the 20-day period, notify the filing officer in
 1821  writing of his or her intention to bring the matter before the
 1822  commission.
 1823         (d) The appropriate filing officer shall notify the Florida
 1824  Elections Commission of the repeated late filing by an executive
 1825  committee or affiliated party committee, the failure of an
 1826  executive committee or affiliated party committee to file a
 1827  report after notice, or the failure to pay the fine imposed.
 1828         (4) Any contribution received by a state or county
 1829  executive committee or affiliated party committee less than 5
 1830  days before an election may shall not be used or expended in
 1831  behalf of any candidate, issue, affiliated party committee, or
 1832  political party participating in such election.
 1833         (5) A No state or county executive committee or affiliated
 1834  party committee, in the furtherance of any candidate or
 1835  political party, directly or indirectly, may not shall give,
 1836  pay, or expend any money, give or pay anything of value,
 1837  authorize any expenditure, or become pecuniarily liable for any
 1838  expenditure prohibited by this chapter. However, the
 1839  contribution of funds by one executive committee to another or
 1840  to established party organizations for legitimate party or
 1841  campaign purposes is not prohibited, but all such contributions
 1842  shall be recorded and accounted for in the reports of the
 1843  contributor and recipient.
 1844         (6)(a) The national, state, and county executive committees
 1845  of a political party and affiliated party committees may not
 1846  contribute to any candidate any amount in excess of the limits
 1847  contained in s. 106.08(2), and all contributions required to be
 1848  reported under s. 106.08(2) by the national executive committee
 1849  of a political party shall be reported by the state executive
 1850  committee of that political party.
 1851         (b) A violation of the contribution limits contained in s.
 1852  106.08(2) is a misdemeanor of the first degree, punishable as
 1853  provided in s. 775.082 or s. 775.083. A civil penalty equal to
 1854  three times the amount in excess of the limits contained in s.
 1855  106.08(2) shall be assessed against any executive committee
 1856  found in violation thereof.
 1857         Section 13. By December 1, 2013, the Division of Elections
 1858  shall submit a proposal to the President of the Senate and the
 1859  Speaker of the House of Representatives for a mandatory
 1860  statewide electronic filing system for all state and local
 1861  campaign filings required by s. 106.07, s. 106.0703, or s.
 1862  106.29.
 1863         Section 14. Subsection (3) of section 101.62, Florida
 1864  Statutes, is amended to read:
 1865         101.62 Request for absentee ballots.—
 1866         (3) For each request for an absentee ballot received, the
 1867  supervisor shall record the date the request was made, the date
 1868  the absentee ballot was delivered to the voter or the voter’s
 1869  designee or the date the absentee ballot was delivered to the
 1870  post office or other carrier, the date the ballot was received
 1871  by the supervisor, and such other information he or she may deem
 1872  necessary. This information shall be provided in electronic
 1873  format as provided by rule adopted by the division. The
 1874  information shall be updated and made available no later than 8
 1875  a.m. of each day, including weekends, beginning 60 days before
 1876  the primary until 15 days after the general election and shall
 1877  be contemporaneously provided to the division. This information
 1878  shall be confidential and exempt from the provisions of s.
 1879  119.07(1) and shall be made available to or reproduced only for
 1880  the voter requesting the ballot, a canvassing board, an election
 1881  official, a political party or official thereof, a candidate who
 1882  has filed qualification papers and is opposed in an upcoming
 1883  election, and registered political committees or registered
 1884  committees of continuous existence, for political purposes only.
 1885         Section 15. Paragraph (a) of subsection (4) of section
 1886  102.031, Florida Statutes, is amended to read:
 1887         102.031 Maintenance of good order at polls; authorities;
 1888  persons allowed in polling rooms and early voting areas;
 1889  unlawful solicitation of voters.—
 1890         (4)(a) No person, political committee, committee of
 1891  continuous existence, or other group or organization may solicit
 1892  voters inside the polling place or within 100 feet of the
 1893  entrance to any polling place, or polling room where the polling
 1894  place is also a polling room, or early voting site. Before the
 1895  opening of the polling place or early voting site, the clerk or
 1896  supervisor shall designate the no-solicitation zone and mark the
 1897  boundaries.
 1898         Section 16. Subsection (2) of section 106.087, Florida
 1899  Statutes, is amended to read:
 1900         106.087 Independent expenditures; contribution limits;
 1901  restrictions on political parties and, political committees, and
 1902  committees of continuous existence.—
 1903         (2)(a) Any political committee or committee of continuous
 1904  existence that accepts the use of public funds, equipment,
 1905  personnel, or other resources to collect dues from its members
 1906  agrees not to make independent expenditures in support of or
 1907  opposition to a candidate or elected public official. However,
 1908  expenditures may be made for the sole purpose of jointly
 1909  endorsing three or more candidates.
 1910         (b) Any political committee or committee of continuous
 1911  existence that violates this subsection is liable for a civil
 1912  fine of up to $5,000 to be determined by the Florida Elections
 1913  Commission or the entire amount of the expenditures, whichever
 1914  is greater.
 1915         Section 17. Subsection (3) of section 106.12, Florida
 1916  Statutes, is amended to read:
 1917         106.12 Petty cash funds allowed.—
 1918         (3) The petty cash fund so provided may shall be spent only
 1919  in amounts less than $100 and only for office supplies,
 1920  transportation expenses, and other necessities. Petty cash may
 1921  shall not be used for the purchase of time, space, or services
 1922  from communications media as defined in s. 106.011 106.011(13).
 1923         Section 18. Paragraph (b) of subsection (3) of section
 1924  106.147, Florida Statutes, is amended to read:
 1925         106.147 Telephone solicitation; disclosure requirements;
 1926  prohibitions; exemptions; penalties.—
 1927         (3)
 1928         (b) For purposes of paragraph (a), the term “person”
 1929  includes any candidate; any officer of any political committee,
 1930  committee of continuous existence, affiliated party committee,
 1931  or political party executive committee; any officer, partner,
 1932  attorney, or other representative of a corporation, partnership,
 1933  or other business entity; and any agent or other person acting
 1934  on behalf of any candidate, political committee, committee of
 1935  continuous existence, affiliated party committee, political
 1936  party executive committee, or corporation, partnership, or other
 1937  business entity.
 1938         Section 19. Section 106.17, Florida Statutes, is amended to
 1939  read:
 1940         106.17 Polls and surveys relating to candidacies.—Any
 1941  candidate, political committee, committee of continuous
 1942  existence, electioneering communication organization, affiliated
 1943  party committee, or state or county executive committee of a
 1944  political party may authorize or conduct a political poll,
 1945  survey, index, or measurement of any kind relating to candidacy
 1946  for public office so long as the candidate, political committee,
 1947  committee of continuous existence, electioneering communication
 1948  organization, affiliated party committee, or political party
 1949  maintains complete jurisdiction over the poll in all its
 1950  aspects. State and county executive committees of a political
 1951  party or an affiliated party committee may authorize and conduct
 1952  political polls for the purpose of determining the viability of
 1953  potential candidates. Such poll results may be shared with
 1954  potential candidates, and expenditures incurred by state and
 1955  county executive committees or an affiliated party committee for
 1956  potential candidate polls are not contributions to the potential
 1957  candidates.
 1958         Section 20. Subsection (2) of section 106.23, Florida
 1959  Statutes, is amended to read:
 1960         106.23 Powers of the Division of Elections.—
 1961         (2) The Division of Elections shall provide advisory
 1962  opinions when requested by any supervisor of elections,
 1963  candidate, local officer having election-related duties,
 1964  political party, affiliated party committee, political
 1965  committee, committee of continuous existence, or other person or
 1966  organization engaged in political activity, relating to any
 1967  provisions or possible violations of Florida election laws with
 1968  respect to actions such supervisor, candidate, local officer
 1969  having election-related duties, political party, affiliated
 1970  party committee, committee, person, or organization has taken or
 1971  proposes to take. Requests for advisory opinions must be
 1972  submitted in accordance with rules adopted by the Department of
 1973  State. A written record of all such opinions issued by the
 1974  division, sequentially numbered, dated, and indexed by subject
 1975  matter, shall be retained. A copy shall be sent to said person
 1976  or organization upon request. Any such person or organization,
 1977  acting in good faith upon such an advisory opinion, shall not be
 1978  subject to any criminal penalty provided for in this chapter.
 1979  The opinion, until amended or revoked, shall be binding on any
 1980  person or organization who sought the opinion or with reference
 1981  to whom the opinion was sought, unless material facts were
 1982  omitted or misstated in the request for the advisory opinion.
 1983         Section 21. Subsections (2) and (3) of section 106.265,
 1984  Florida Statutes, are amended to read:
 1985         106.265 Civil penalties.—
 1986         (2) In determining the amount of such civil penalties, the
 1987  commission or administrative law judge shall consider, among
 1988  other mitigating and aggravating circumstances:
 1989         (a) The gravity of the act or omission;
 1990         (b) Any previous history of similar acts or omissions;
 1991         (c) The appropriateness of such penalty to the financial
 1992  resources of the person, political committee, committee of
 1993  continuous existence, affiliated party committee, electioneering
 1994  communications organization, or political party; and
 1995         (d) Whether the person, political committee, committee of
 1996  continuous existence, affiliated party committee, electioneering
 1997  communications organization, or political party has shown good
 1998  faith in attempting to comply with the provisions of this
 1999  chapter or chapter 104.
 2000         (3) If any person, political committee, committee of
 2001  continuous existence, affiliated party committee, electioneering
 2002  communications organization, or political party fails or refuses
 2003  to pay to the commission any civil penalties assessed pursuant
 2004  to the provisions of this section, the commission shall be
 2005  responsible for collecting the civil penalties resulting from
 2006  such action.
 2007         Section 22. Subsection (2) of section 106.27, Florida
 2008  Statutes, is amended to read:
 2009         106.27 Determinations by commission; legal disposition.—
 2010         (2) Civil actions may be brought by the commission for
 2011  relief, including permanent or temporary injunctions,
 2012  restraining orders, or any other appropriate order for the
 2013  imposition of civil penalties provided by this chapter. Such
 2014  civil actions shall be brought by the commission in the
 2015  appropriate court of competent jurisdiction, and the venue shall
 2016  be in the county in which the alleged violation occurred or in
 2017  which the alleged violator or violators are found, reside, or
 2018  transact business. Upon a proper showing that such person,
 2019  political committee, committee of continuous existence,
 2020  affiliated party committee, or political party has engaged, or
 2021  is about to engage, in prohibited acts or practices, a permanent
 2022  or temporary injunction, restraining order, or other order shall
 2023  be granted without bond by such court, and the civil fines
 2024  provided by this chapter may be imposed.
 2025         Section 23. Subsection (3) of section 106.32, Florida
 2026  Statutes, is amended to read:
 2027         106.32 Election Campaign Financing Trust Fund.—
 2028         (3) Proceeds from assessments pursuant to ss. 106.04,
 2029  106.07, and 106.29 shall be deposited into the Election Campaign
 2030  Financing Trust Fund as designated in those sections.
 2031         Section 24. Section 106.33, Florida Statutes, is amended to
 2032  read:
 2033         106.33 Election campaign financing; eligibility.—Each
 2034  candidate for the office of Governor or member of the Cabinet
 2035  who desires to receive contributions from the Election Campaign
 2036  Financing Trust Fund shall, upon qualifying for office, shall
 2037  file a request for such contributions with the filing officer on
 2038  forms provided by the Division of Elections. If a candidate
 2039  requesting contributions from the fund desires to have such
 2040  funds distributed by electronic fund transfers, the request
 2041  shall include information necessary to implement that procedure.
 2042  For the purposes of ss. 106.30-106.36, the respective candidates
 2043  running for Governor and Lieutenant Governor on the same ticket
 2044  shall be considered as a single candidate. To be eligible to
 2045  receive contributions from the fund, a candidate may not be an
 2046  unopposed candidate as defined in s. 106.011 106.011(15) and
 2047  must:
 2048         (1) Agree to abide by the expenditure limits provided in s.
 2049  106.34.
 2050         (2)(a) Raise contributions as follows:
 2051         1. One hundred fifty thousand dollars for a candidate for
 2052  Governor.
 2053         2. One hundred thousand dollars for a candidate for Cabinet
 2054  office.
 2055         (b) Contributions from individuals who at the time of
 2056  contributing are not state residents may not be used to meet the
 2057  threshold amounts in paragraph (a). For purposes of this
 2058  paragraph, any person validly registered to vote in this state
 2059  shall be considered a state resident.
 2060         (3) Limit loans or contributions from the candidate’s
 2061  personal funds to $25,000 and contributions from national,
 2062  state, and county executive committees of a political party to
 2063  $250,000 in the aggregate, which loans or contributions do shall
 2064  not qualify for meeting the threshold amounts in subsection (2).
 2065         (4) Submit to a postelection audit of the campaign account
 2066  by the division.
 2067         Section 25. Section 111.075, Florida Statutes, is amended
 2068  to read:
 2069         111.075 Elected officials; prohibition concerning certain
 2070  committees.—Elected officials are prohibited from being employed
 2071  by, or acting as a consultant for compensation to, a political
 2072  committee or committee of continuous existence.
 2073         Section 26. Subsections (3) and (4) and paragraph (a) of
 2074  subsection (5) of section 112.3148, Florida Statutes, are
 2075  amended to read:
 2076         112.3148 Reporting and prohibited receipt of gifts by
 2077  individuals filing full or limited public disclosure of
 2078  financial interests and by procurement employees.—
 2079         (3) A reporting individual or procurement employee is
 2080  prohibited from soliciting any gift from a political committee
 2081  or committee of continuous existence, as defined in s. 106.011,
 2082  or from a lobbyist who lobbies the reporting individual’s or
 2083  procurement employee’s agency, or the partner, firm, employer,
 2084  or principal of such lobbyist, where such gift is for the
 2085  personal benefit of the reporting individual or procurement
 2086  employee, another reporting individual or procurement employee,
 2087  or any member of the immediate family of a reporting individual
 2088  or procurement employee.
 2089         (4) A reporting individual or procurement employee or any
 2090  other person on his or her behalf is prohibited from knowingly
 2091  accepting, directly or indirectly, a gift from a political
 2092  committee or committee of continuous existence, as defined in s.
 2093  106.011, or from a lobbyist who lobbies the reporting
 2094  individual’s or procurement employee’s agency, or directly or
 2095  indirectly on behalf of the partner, firm, employer, or
 2096  principal of a lobbyist, if he or she knows or reasonably
 2097  believes that the gift has a value in excess of $100; however,
 2098  such a gift may be accepted by such person on behalf of a
 2099  governmental entity or a charitable organization. If the gift is
 2100  accepted on behalf of a governmental entity or charitable
 2101  organization, the person receiving the gift shall not maintain
 2102  custody of the gift for any period of time beyond that
 2103  reasonably necessary to arrange for the transfer of custody and
 2104  ownership of the gift.
 2105         (5)(a) A political committee or a committee of continuous
 2106  existence, as defined in s. 106.011; a lobbyist who lobbies a
 2107  reporting individual’s or procurement employee’s agency; the
 2108  partner, firm, employer, or principal of a lobbyist; or another
 2109  on behalf of the lobbyist or partner, firm, principal, or
 2110  employer of the lobbyist is prohibited from giving, either
 2111  directly or indirectly, a gift that has a value in excess of
 2112  $100 to the reporting individual or procurement employee or any
 2113  other person on his or her behalf; however, such person may give
 2114  a gift having a value in excess of $100 to a reporting
 2115  individual or procurement employee if the gift is intended to be
 2116  transferred to a governmental entity or a charitable
 2117  organization.
 2118         Section 27. Subsections (3) and (4) of section 112.3149,
 2119  Florida Statutes, are amended to read:
 2120         112.3149 Solicitation and disclosure of honoraria.—
 2121         (3) A reporting individual or procurement employee is
 2122  prohibited from knowingly accepting an honorarium from a
 2123  political committee or committee of continuous existence, as
 2124  defined in s. 106.011, from a lobbyist who lobbies the reporting
 2125  individual’s or procurement employee’s agency, or from the
 2126  employer, principal, partner, or firm of such a lobbyist.
 2127         (4) A political committee or committee of continuous
 2128  existence, as defined in s. 106.011, a lobbyist who lobbies a
 2129  reporting individual’s or procurement employee’s agency, or the
 2130  employer, principal, partner, or firm of such a lobbyist is
 2131  prohibited from giving an honorarium to a reporting individual
 2132  or procurement employee.
 2133         Section 28. Subsection (4) of section 1004.28, Florida
 2134  Statutes, is amended to read:
 2135         1004.28 Direct-support organizations; use of property;
 2136  board of directors; activities; audit; facilities.—
 2137         (4) ACTIVITIES; RESTRICTION.—A university direct-support
 2138  organization is prohibited from giving, either directly or
 2139  indirectly, any gift to a political committee or committee of
 2140  continuous existence as defined in s. 106.011 for any purpose
 2141  other than those certified by a majority roll call vote of the
 2142  governing board of the direct-support organization at a
 2143  regularly scheduled meeting as being directly related to the
 2144  educational mission of the university.
 2145         Section 29. Paragraph (d) of subsection (4) of section
 2146  1004.70, Florida Statutes, is amended to read:
 2147         1004.70 Florida College System institution direct-support
 2148  organizations.—
 2149         (4) ACTIVITIES; RESTRICTIONS.—
 2150         (d) A Florida College System institution direct-support
 2151  organization is prohibited from giving, either directly or
 2152  indirectly, any gift to a political committee or committee of
 2153  continuous existence as defined in s. 106.011 for any purpose
 2154  other than those certified by a majority roll call vote of the
 2155  governing board of the direct-support organization at a
 2156  regularly scheduled meeting as being directly related to the
 2157  educational mission of the Florida College System institution.
 2158         Section 30. Paragraph (c) of subsection (4) of section
 2159  1004.71, Florida Statutes, is amended to read:
 2160         1004.71 Statewide Florida College System institution
 2161  direct-support organizations.—
 2162         (4) RESTRICTIONS.—
 2163         (c) A statewide Florida College System institution direct
 2164  support organization is prohibited from giving, either directly
 2165  or indirectly, any gift to a political committee or committee of
 2166  continuous existence as defined in s. 106.011 for any purpose
 2167  other than those certified by a majority roll call vote of the
 2168  governing board of the direct-support organization at a
 2169  regularly scheduled meeting as being directly related to the
 2170  educational mission of the State Board of Education.
 2171         Section 31. For the purpose of incorporating the amendment
 2172  made by this act into section 106.08, Florida Statutes, in a
 2173  reference thereto, subsection (2) of section 106.075, Florida
 2174  Statutes, is reenacted to read:
 2175         106.075 Elected officials; report of loans made in year
 2176  preceding election; limitation on contributions to pay loans.—
 2177         (2) Any person who makes a contribution to an individual to
 2178  pay all or part of a loan incurred, in the 12 months preceding
 2179  the election, to be used for the individual’s campaign, may not
 2180  contribute more than the amount which is allowed in s.
 2181  106.08(1).
 2182         Section 32. For the purpose of incorporating the amendment
 2183  made by this act to section 106.08, Florida Statutes, in a
 2184  reference thereto, section 106.19, Florida Statutes, is
 2185  reenacted to read:
 2186         106.19 Violations by candidates, persons connected with
 2187  campaigns, and political committees.—
 2188         (1) Any candidate; campaign manager, campaign treasurer, or
 2189  deputy treasurer of any candidate; committee chair, vice chair,
 2190  campaign treasurer, deputy treasurer, or other officer of any
 2191  political committee; agent or person acting on behalf of any
 2192  candidate or political committee; or other person who knowingly
 2193  and willfully:
 2194         (a) Accepts a contribution in excess of the limits
 2195  prescribed by s. 106.08;
 2196         (b) Fails to report any contribution required to be
 2197  reported by this chapter;
 2198         (c) Falsely reports or deliberately fails to include any
 2199  information required by this chapter; or
 2200         (d) Makes or authorizes any expenditure in violation of s.
 2201  106.11(4) or any other expenditure prohibited by this chapter;
 2202  
 2203  is guilty of a misdemeanor of the first degree, punishable as
 2204  provided in s. 775.082 or s. 775.083.
 2205         (2) Any candidate, campaign treasurer, or deputy treasurer;
 2206  any chair, vice chair, or other officer of any political
 2207  committee; any agent or person acting on behalf of any candidate
 2208  or political committee; or any other person who violates
 2209  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be
 2210  subject to a civil penalty equal to three times the amount
 2211  involved in the illegal act. Such penalty may be in addition to
 2212  the penalties provided by subsection (1) and shall be paid into
 2213  the General Revenue Fund of this state.
 2214         (3) A political committee sponsoring a constitutional
 2215  amendment proposed by initiative which submits a petition form
 2216  gathered by a paid petition circulator which does not provide
 2217  the name and address of the paid petition circulator on the form
 2218  is subject to the civil penalties prescribed in s. 106.265.
 2219         (4) Except as otherwise expressly stated, the failure by a
 2220  candidate to comply with the requirements of this chapter has no
 2221  effect upon whether the candidate has qualified for the office
 2222  the candidate is seeking.
 2223         Section 33. Except as otherwise expressly provided in this
 2224  act and except for this section, which shall take effect upon
 2225  becoming a law, this act shall take effect November 1, 2013.