Florida Senate - 2015                                    SB 1380
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00833-15                                           20151380__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Election Code; amending
    3         s. 106.011, F.S.; revising the definition of the term
    4         “contribution”; amending s. 106.021, F.S.; removing an
    5         exception to contribution or expenditure restrictions
    6         that authorizes an affiliated party committee or
    7         political party to make an expenditure to jointly
    8         endorse three or more candidates; amending s. 106.07,
    9         F.S.; revising reporting requirements with respect to
   10         specifying the purpose of each expenditure; providing
   11         a penalty; amending s. 106.08, F.S.; prohibiting the
   12         transfer of funds or contributions between
   13         electioneering communications organizations, political
   14         committees, and political parties; prohibiting elected
   15         officers and candidates from soliciting or accepting
   16         contributions to or on behalf of a political committee
   17         or electioneering communications organization;
   18         prohibiting elected officers and candidates from
   19         controlling, coordinating, or consulting with respect
   20         to the expenditure and raising of funds of a political
   21         committee or electioneering communications
   22         organization; providing penalties; amending s. 106.15,
   23         F.S.; specifying that a candidate may not use a public
   24         servant’s services during working hours in furtherance
   25         of his or her candidacy; prohibiting a person from
   26         soliciting or knowingly accepting a political
   27         contribution in a government-leased building;
   28         providing an exception; amending s. 106.24, F.S.;
   29         authorizing the Florida Elections Commission to
   30         conduct audits of reports and statements required
   31         under ch. 106, F.S.; requiring the Division of
   32         Elections to assist the commission with such audits
   33         upon request; amending s. 106.25, F.S.; revising
   34         conditions under which the commission may initiate an
   35         investigation; authorizing a filing officer to report
   36         violations of the Florida Election Code to the
   37         commission; authorizing the commission to initiate an
   38         investigation upon a supermajority vote of commission
   39         members; revising commission jurisdiction to include
   40         the nonwillful performance of an act prohibited by
   41         chs. 104 and 106, F.S.; removing final order authority
   42         for hearings referred to the Division of
   43         Administrative Hearings; amending ss. 104.2715,
   44         106.023, 106.0703, 106.087, 106.143, and 106.265,
   45         F.S.; conforming provisions and cross-references to
   46         changes made by the act; reenacting s. 106.0705(3),
   47         F.S., relating to electronic filing of campaign
   48         treasurer’s reports, to incorporate the amendment made
   49         to s. 106.07, F.S., in a reference thereto; requiring
   50         the Division of Elections to establish a website for
   51         state and local campaign filings by a specified date;
   52         specifying website requirements; providing an
   53         effective date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Subsection (5) of section 106.011, Florida
   58  Statutes, is amended to read:
   59         106.011 Definitions.—As used in this chapter, the following
   60  terms have the following meanings unless the context clearly
   61  indicates otherwise:
   62         (5) “Contribution” means:
   63         (a) A gift, subscription, conveyance, deposit, loan,
   64  payment, or distribution of money or anything of value,
   65  including contributions in kind having an attributable monetary
   66  value in any form, made for the purpose of influencing the
   67  results of an election or making an electioneering
   68  communication.
   69         (b) A transfer of funds between political committees,
   70  between electioneering communications organizations, or between
   71  any combination of these groups.
   72         (b)(c) The payment, by a person other than a candidate or
   73  political committee, of compensation for the personal services
   74  of another person which are rendered to a candidate or political
   75  committee without charge to the candidate or committee for such
   76  services.
   77         (c)(d) The transfer of funds by a campaign treasurer or
   78  deputy campaign treasurer between a primary depository and a
   79  separate interest-bearing account or certificate of deposit, and
   80  the term includes interest earned on such account or
   81  certificate.
   82  
   83  Notwithstanding the foregoing meanings of the term
   84  “contribution,” the term may not be construed to include
   85  services, including, but not limited to, legal and accounting
   86  services, provided without compensation by individuals
   87  volunteering a portion or all of their time on behalf of a
   88  candidate or political committee or editorial endorsements.
   89         Section 2. Subsection (3) of section 106.021, Florida
   90  Statutes, is amended to read:
   91         106.021 Campaign treasurers; deputies; primary and
   92  secondary depositories.—
   93         (3) A No contribution or expenditure, including
   94  contributions or expenditures of a candidate or of the
   95  candidate’s family, may not shall be directly or indirectly made
   96  or received in furtherance of the candidacy of any person for
   97  nomination or election to political office in the state or on
   98  behalf of any political committee except through the duly
   99  appointed campaign treasurer of the candidate or political
  100  committee, subject to the following exceptions:
  101         (a) Independent expenditures;
  102         (b) Reimbursements to a candidate or any other individual
  103  for expenses incurred in connection with the campaign or
  104  activities of the political committee by a check drawn upon the
  105  campaign account and reported pursuant to s. 106.07(4). The full
  106  name of each person to whom the candidate or other individual
  107  made payment for which reimbursement was made by check drawn
  108  upon the campaign account shall be reported pursuant to s.
  109  106.07(4), together with the purpose of such payment; or
  110         (c) Expenditures made indirectly through a treasurer for
  111  goods or services, such as communications media placement or
  112  procurement services, campaign signs, insurance, or other
  113  expenditures that include multiple integral components as part
  114  of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
  115  or
  116         (d) Expenditures made directly by any affiliated party
  117  committee or political party regulated by chapter 103 for
  118  obtaining time, space, or services in or by any communications
  119  medium for the purpose of jointly endorsing three or more
  120  candidates, and any such expenditure may not be considered a
  121  contribution or expenditure to or on behalf of any such
  122  candidates for the purposes of this chapter.
  123         Section 3. Paragraph (a) of subsection (4) and paragraph
  124  (b) of subsection (8) of section 106.07, Florida Statutes, are
  125  amended, present paragraphs (c) and (d) of subsection (8) are
  126  redesignated as paragraphs (d) and (e), respectively, and a new
  127  paragraph (c) is added to that subsection, to read:
  128         106.07 Reports; certification and filing.—
  129         (4)(a) Except for daily reports, to which only the
  130  contributions provisions below apply, and except as provided in
  131  paragraph (b), each report required by this section must
  132  contain:
  133         1. The full name, address, and occupation, if any, of each
  134  person who has made one or more contributions to or for such
  135  committee or candidate within the reporting period, together
  136  with the amount and date of such contributions. For
  137  corporations, the report must provide as clear a description as
  138  practicable of the principal type of business conducted by the
  139  corporation. However, if the contribution is $100 or less or is
  140  from a relative, as defined in s. 112.312, provided that the
  141  relationship is reported, the occupation of the contributor or
  142  the principal type of business need not be listed.
  143         2. The name and address of each political committee from
  144  which the reporting committee or the candidate received, or to
  145  which the reporting committee or candidate made, any transfer of
  146  funds, together with the amounts and dates of all transfers.
  147         3. Each loan for campaign purposes to or from any person or
  148  political committee within the reporting period, together with
  149  the full names, addresses, and occupations, and principal places
  150  of business, if any, of the lender and endorsers, if any, and
  151  the date and amount of such loans.
  152         4. A statement of each contribution, rebate, refund, or
  153  other receipt not otherwise listed under subparagraphs 1.
  154  through 3.
  155         5. The total sums of all loans, in-kind contributions, and
  156  other receipts by or for such committee or candidate during the
  157  reporting period. The reporting forms shall be designed to
  158  elicit separate totals for in-kind contributions, loans, and
  159  other receipts.
  160         6. The full name and address of each person to whom
  161  expenditures have been made by or on behalf of the committee or
  162  candidate within the reporting period; the amount, date, and
  163  purpose of each such expenditure; and the name and address of,
  164  and office sought by, each candidate on whose behalf such
  165  expenditure was made. The purpose of each expenditure must
  166  specify the name of the candidate, issue, or position that the
  167  expenditure is intended to support or oppose. However,
  168  expenditures made from the petty cash fund provided by s. 106.12
  169  need not be reported individually.
  170         7. The full name and address of each person to whom an
  171  expenditure for personal services, salary, or reimbursement for
  172  authorized expenses as provided in s. 106.021(3) has been made
  173  and which is not otherwise reported, including the amount, date,
  174  and purpose of such expenditure. However, expenditures made from
  175  the petty cash fund provided for in s. 106.12 need not be
  176  reported individually. Receipts for reimbursement for authorized
  177  expenditures shall be retained by the treasurer along with the
  178  records for the campaign account.
  179         8. The total amount withdrawn and the total amount spent
  180  for petty cash purposes pursuant to this chapter during the
  181  reporting period.
  182         9. The total sum of expenditures made by such committee or
  183  candidate during the reporting period.
  184         10. The amount and nature of debts and obligations owed by
  185  or to the committee or candidate, which relate to the conduct of
  186  any political campaign.
  187         11. Transaction information for each credit card purchase.
  188  Receipts for each credit card purchase shall be retained by the
  189  treasurer with the records for the campaign account.
  190         12. The amount and nature of any separate interest-bearing
  191  accounts or certificates of deposit and identification of the
  192  financial institution in which such accounts or certificates of
  193  deposit are located.
  194         13. The primary purposes of an expenditure made indirectly
  195  through a campaign treasurer pursuant to s. 106.021(3) for goods
  196  and services such as communications media placement or
  197  procurement services, campaign signs, insurance, and other
  198  expenditures that include multiple components as part of the
  199  expenditure. The primary purpose of an expenditure shall be that
  200  purpose, including integral and directly related components,
  201  that comprises 80 percent of such expenditure.
  202         (8)
  203         (b) Upon determining that a report is late, the filing
  204  officer shall immediately notify the candidate or chair of the
  205  political committee as to the failure to file a report by the
  206  designated due date and that a fine is being assessed for each
  207  late day. The fine is $50 per day for the first 3 days late and,
  208  thereafter, $500 per day for each late day, not to exceed 25
  209  percent of the total receipts or expenditures, whichever is
  210  greater, for the period covered by the late report. However, for
  211  the reports immediately preceding each special primary election,
  212  special election, primary election, and general election, the
  213  fine is $500 per day for each late day, not to exceed 25 percent
  214  of the total receipts or expenditures, whichever is greater, for
  215  the period covered by the late report. For reports required
  216  under s. 106.141(8), the fine is $50 per day for each late day,
  217  not to exceed 25 percent of the total receipts or expenditures,
  218  whichever is greater, for the period covered by the late report.
  219  Upon receipt of the report, the filing officer shall determine
  220  the amount of the fine which is due and shall notify the
  221  candidate or chair or registered agent of the political
  222  committee. The filing officer shall determine the amount of the
  223  fine due based upon the earliest of the following:
  224         1. When the report is actually received by such officer.
  225         2. When the report is postmarked.
  226         3. When the certificate of mailing is dated.
  227         4. When the receipt from an established courier company is
  228  dated.
  229         5. When the electronic receipt issued pursuant to s.
  230  106.0705 or other electronic filing system authorized in this
  231  section is dated.
  232  
  233  Such fine shall be paid to the filing officer within 20 days
  234  after receipt of the notice of payment due, unless appeal is
  235  made to the Florida Elections Commission pursuant to paragraph
  236  (d) (c). Notice is deemed complete upon proof of delivery of
  237  written notice to the mailing or street address on record with
  238  the filing officer. In the case of a candidate, such fine is not
  239  an allowable campaign expenditure and shall be paid only from
  240  personal funds of the candidate. An officer or member of a
  241  political committee is not personally liable for such fine.
  242         (c) Notwithstanding any other law and in addition to any
  243  fine assessed pursuant to paragraph (b), the commission shall
  244  assess a civil penalty of up to $5,000 against any candidate who
  245  has repeatedly late filed a report required under this section.
  246  The commission shall deposit any penalty assessed pursuant to
  247  this paragraph into the General Revenue Fund.
  248         Section 4. Paragraph (c) is added to subsection (6) of
  249  section 106.08, Florida Statutes, and paragraph (c) is added to
  250  subsection (7) of that section, to read:
  251         106.08 Contributions; limitations on.—
  252         (6)
  253         (c) A transfer of funds or any contribution between
  254  electioneering communications organizations, between political
  255  committees, between political parties, or between any
  256  combination of such groups is prohibited.
  257         (7)
  258         (c) Any elected officer or any candidate for elective
  259  office may not, directly or indirectly, solicit, cause to be
  260  solicited, or accept any contribution to or on behalf of a
  261  political committee or an electioneering communications
  262  organization and may not control, coordinate, or consult
  263  regarding the expenditure or raising of funds for any such
  264  committee or organization. Notwithstanding any other provision
  265  of this chapter, any person who knowingly and willfully violates
  266  any provision of this paragraph commits a felony of the third
  267  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  268  775.084.
  269         Section 5. Subsections (3) and (4) of section 106.15,
  270  Florida Statutes, are amended, and subsection (5) of that
  271  section is republished, to read:
  272         106.15 Certain acts prohibited.—
  273         (3) A candidate may not, in the furtherance of his or her
  274  candidacy for nomination or election to public office in any
  275  election, use the services of any state, county, municipal, or
  276  district officer, or employee, or other public servant during
  277  working hours.
  278         (4) A No person may not shall make, and no person shall
  279  solicit, or knowingly accept any political contribution in a
  280  building owned or leased by a governmental entity. For purposes
  281  of this subsection, the term “accept” means to receive a
  282  contribution by personal hand delivery from a contributor or the
  283  contributor’s agent. This subsection does shall not apply when a
  284  government-owned or government-leased building or any portion
  285  thereof is rented for the specific purpose of holding a campaign
  286  fund raiser.
  287         (5) Any person violating the provisions of this section
  288  commits a misdemeanor of the first degree, punishable as
  289  provided in s. 775.082 or s. 775.083.
  290         Section 6. Present subsections (6), (7), and (8) of section
  291  106.24, Florida Statutes, are redesignated as subsections (7),
  292  (8), and (9), respectively, and a new subsection (6) is added to
  293  that section, to read:
  294         106.24 Florida Elections Commission; membership; powers;
  295  duties.—
  296         (6) The commission is authorized to conduct audits of
  297  reports and statements filed by candidates pursuant to the
  298  requirements of this chapter. The division shall assist the
  299  commission with any audits conducted pursuant to this
  300  subsection, upon the commission’s request.
  301         Section 7. Section 106.25, Florida Statutes, is amended to
  302  read:
  303         106.25 Reports of alleged violations to Florida Elections
  304  Commission; disposition of findings.—
  305         (1) Jurisdiction to investigate and determine violations of
  306  this chapter and chapter 104 is vested in the Florida Elections
  307  Commission; however, nothing in this section does not limit
  308  limits the jurisdiction of any other officers or agencies of
  309  government authorized empowered by law to investigate, act upon,
  310  or dispose of alleged violations of this code.
  311         (2) The commission shall investigate all violations of this
  312  chapter and chapter 104. The commission may begin an
  313  investigation, but only after having received either a sworn
  314  complaint, or information reported to it under this subsection
  315  by the division or other filing officer, or after approval by a
  316  supermajority vote of the commission as provided in subsection
  317  (3) of Elections. Such sworn complaint must be based upon
  318  personal information or information other than hearsay. Any
  319  person, other than the division or other filing officer, having
  320  information of any violation of this chapter or chapter 104
  321  shall file a sworn complaint with the commission. The commission
  322  shall investigate only those alleged violations specifically
  323  contained within the sworn complaint. If any complainant fails
  324  to allege all violations that arise from the facts or
  325  allegations alleged in a complaint, the commission shall be
  326  barred from investigating a subsequent complaint from such
  327  complainant that is based upon such facts or allegations that
  328  were raised or could have been raised in the first complaint. If
  329  the complaint includes allegations of violations relating to
  330  expense items reimbursed by a candidate, committee, or
  331  organization to the campaign account before a sworn complaint is
  332  filed, the commission is shall be barred from investigating such
  333  allegations. Such sworn complaint must shall state whether a
  334  complaint of the same violation has been made to a any state
  335  attorney. Within 5 days after receipt of a sworn complaint, the
  336  commission shall transmit a copy of the complaint to the alleged
  337  violator. The respondent shall have 14 days after receipt of the
  338  complaint to file an initial response, and the executive
  339  director may not determine the legal sufficiency of the
  340  complaint during that time period. If the executive director
  341  finds that the complaint is legally sufficient, the respondent
  342  shall be notified of such finding by letter, which sets forth
  343  the statutory provisions alleged to have been violated and the
  344  alleged factual basis that supports the finding. All sworn
  345  complaints alleging violations of the Florida Election Code over
  346  which the commission has jurisdiction shall be filed with the
  347  commission within 2 years after the alleged violations. The
  348  period of limitations is tolled on the day a sworn complaint is
  349  filed with the commission. The complainant may withdraw the
  350  sworn complaint at any time before prior to a probable cause
  351  hearing if good cause is shown. Withdrawal must shall be
  352  requested in writing, signed by the complainant, and witnessed
  353  by a notary public, stating the facts and circumstances
  354  constituting good cause. The executive director shall prepare a
  355  written recommendation regarding disposition of the request
  356  which shall be given to the commission together with the
  357  request. The term “good cause” shall be determined based upon
  358  the legal sufficiency or insufficiency of the complaint to
  359  allege a violation and the reasons given by the complainant for
  360  wishing to withdraw the complaint. If withdrawal is permitted,
  361  the commission must close the investigation and the case. No
  362  further action may be taken. The complaint becomes will become a
  363  public record at the time of withdrawal.
  364         (3) The commission may initiate on its own volition an
  365  investigation of an alleged violation of this chapter or chapter
  366  104. Upon a written complaint executed under oath or affirmation
  367  by the executive director of the commission, the commission
  368  shall meet to determine if the commission should initiate an
  369  investigation. In order to begin a preliminary investigation,
  370  the commission must vote to approve the investigation by an
  371  affirmative vote of six of the nine members. Within 5 days after
  372  the commission approves the preliminary investigation, a copy of
  373  the commission’s complaint shall be transmitted to the alleged
  374  violator.
  375         (4)(3) For the purposes of commission jurisdiction, a
  376  violation means shall mean the willful or nonwillful performance
  377  of an act prohibited by this chapter or chapter 104 or the
  378  willful or nonwillful failure to perform an act required by this
  379  chapter or chapter 104. The commission may not by rule determine
  380  what constitutes willfulness or further define the term
  381  “willful” for purposes of this chapter or chapter 104.
  382  Willfulness is a determination of fact; however, at the request
  383  of the respondent at any time after probable cause is found,
  384  willfulness may be considered and determined in an informal
  385  hearing before the commission.
  386         (5)(4) The commission shall undertake a preliminary
  387  investigation to determine if the facts alleged in a sworn
  388  complaint or a matter initiated by the division or other filing
  389  officer constitute probable cause to believe that a violation
  390  has occurred.
  391         (a) When the investigator’s report is completed, the
  392  executive director shall notify the respondent that the report
  393  is completed and shall send to the respondent a copy of the
  394  investigator’s report. The investigatory file and main complaint
  395  file shall be open for inspection by the respondent and the
  396  respondent’s counsel at that time, and copies may be obtained at
  397  no more than cost.
  398         (b) The respondent shall be given at least not less than 14
  399  days from the date of mailing of the investigator’s report to
  400  file with the commission a written response to the
  401  investigator’s report. This time period may be shortened with
  402  the consent of the respondent, or without the consent of the
  403  respondent when the passage of time could reasonably be expected
  404  to render moot the ultimate disposition of the matter by the
  405  commission so long as reasonable notice under the circumstances
  406  is given.
  407         (c) Counsel for the commission shall review the
  408  investigator’s report and shall make a written recommendation to
  409  the commission for the disposition of the complaint. If the
  410  counsel for the commission recommends that the commission find
  411  probable cause, the recommendation shall include a statement of
  412  what charges shall be at issue. A copy of the recommendation
  413  shall be furnished to the respondent. The respondent shall be
  414  given at least not less than 14 days from the date of mailing of
  415  the recommendation of counsel for the commission to file with
  416  the commission a written response to the recommendation. This
  417  time period may be shortened with the consent of the respondent,
  418  or without the consent of the respondent when the passage of
  419  time could reasonably be expected to render moot the ultimate
  420  disposition of the matter by the commission, so long as the
  421  recommendation is furnished to the respondent within a
  422  reasonable period of time under the circumstances.
  423         (d) The respondent and each complainant, their counsel, and
  424  the counsel for the commission is authorized shall be permitted
  425  to attend the hearing at which the probable cause determination
  426  is made. Notice of the hearing shall be sent to the respondent,
  427  each complainant, and counsel for the commission at least 14
  428  days before the hearing. This time period may be shortened with
  429  the consent of the respondent, or without the consent of the
  430  respondent when the passage of time could reasonably be expected
  431  to render moot the ultimate disposition of the matter by the
  432  commission, so long as the notice is furnished within a
  433  reasonable period of time under the circumstances.
  434         (e) The probable cause determination is the conclusion of
  435  the preliminary investigation. The respondent and the counsel
  436  for the commission are authorized shall be permitted to make
  437  brief oral statements in the nature of oral argument to the
  438  commission, based on the investigator’s report, before the
  439  probable cause determination. The commission’s determination
  440  shall be based upon the investigator’s report, the
  441  recommendation of counsel for the commission, the complaint, and
  442  staff recommendations, as well as any written statements
  443  submitted by the respondent and any oral statements made at the
  444  hearing. No testimony or other evidence will be accepted at the
  445  hearing.
  446         (f) At its meeting to determine probable cause, the
  447  commission may continue its determination to allow further
  448  investigation; may order the issuance of a public report of its
  449  investigation if it finds no probable cause to believe that
  450  there has been a violation of this chapter or chapter 104,
  451  concluding the matter before it; may order a final, public
  452  hearing of the complaint if it finds probable cause to believe
  453  that there has been a violation of this chapter or chapter 104;
  454  or may take such other action as it deems necessary to resolve
  455  the complaint, consistent with due process of law. In making its
  456  determination, the commission may consider:
  457         1. The sufficiency of the evidence against the respondent,
  458  as contained in the investigator’s report;
  459         2. The admissions and other stipulations of the respondent,
  460  if any;
  461         3. The nature and circumstances of the respondent’s
  462  actions;
  463         4. The expense of further proceedings; and
  464         5. Such other factors as it deems material to its decision.
  465  
  466  If the commission finds probable cause, the commission shall
  467  determine what charges shall be at issue.
  468         (g) If no probable cause is found, the commission shall
  469  dismiss the case and the case shall become a matter of public
  470  record, except as otherwise provided in this section, together
  471  with a written statement of the findings of the preliminary
  472  investigation and a summary of the facts which the commission
  473  shall send to the complainant and the alleged violator. A
  474  finding of no probable cause by the commission is a full
  475  adjudication of all such matters. The commission may not charge
  476  a respondent in a subsequent complaint alleging violations based
  477  upon the same actions, nonactions, or circumstances wherein the
  478  commission found no probable cause.
  479         (h) If probable cause is found, the commission shall so
  480  notify the complainant and the alleged violator in writing. All
  481  documents made or received in the disposition of the complaint
  482  shall become public records upon a finding by the commission.
  483         (i)1. Upon a commission finding of probable cause, the
  484  counsel for the commission shall attempt to reach a consent
  485  agreement with the respondent. At any time, the commission may
  486  enter into a consent order with a respondent without requiring
  487  the respondent to admit to a violation of law within the
  488  jurisdiction of the commission.
  489         2. A consent agreement is not binding upon either party
  490  unless and until it is signed by the respondent and by counsel
  491  for the commission upon approval by the commission.
  492         3. Nothing herein shall be construed to prevent the
  493  commission from entering into a consent agreement with a
  494  respondent prior to a commission finding of probable cause if a
  495  respondent indicates in writing a desire to enter into
  496  negotiations directed towards reaching such a consent agreement.
  497  Any consent agreement reached under this subparagraph is subject
  498  to the provisions of subparagraph 2. and shall have the same
  499  force and effect as a consent agreement reached after the
  500  commission finding of probable cause.
  501         (j) If a consent agreement is reached between the
  502  commission and the respondent, counsel for the commission shall
  503  send a copy of the signed agreement to both complainant and
  504  respondent.
  505  
  506  In a case where probable cause is found, the commission shall
  507  make a preliminary determination to consider the matter or to
  508  refer the matter to the state attorney for the judicial circuit
  509  in which the alleged violation occurred. Notwithstanding any
  510  other provisions of this section, the commission may, at its
  511  discretion, dismiss any complaint at any stage of disposition if
  512  it determines that the public interest would not be served by
  513  proceeding further, in which case the commission shall issue a
  514  public report stating with particularity its reasons for the
  515  dismissal.
  516         (6)(5)If there are disputed issues of material fact in a
  517  proceeding conducted under ss. 120.569 and 120.57, a person
  518  alleged by the Elections commission to have committed a
  519  violation of this chapter or chapter 104 may elect, as a matter
  520  of right, within 30 days after the date of the filing of the
  521  commission’s allegations, to have a formal administrative
  522  hearing conducted by an administrative law judge in the Division
  523  of Administrative Hearings. The administrative law judge in such
  524  proceedings shall enter a final order, which may include the
  525  imposition of civil penalties, subject to appeal as provided in
  526  s. 120.68. If the person does not elect to have a hearing by an
  527  administrative law judge and does not elect to resolve the
  528  complaint by a consent order, the person is entitled to a formal
  529  or informal hearing conducted before the commission.
  530         (7)(6) It is the duty of a state attorney receiving a
  531  complaint referred by the commission to investigate the
  532  complaint promptly and thoroughly; to undertake such criminal or
  533  civil actions as are justified by law; and to report to the
  534  commission the results of such investigation, the action taken,
  535  and the disposition thereof. The failure or refusal of a state
  536  attorney to prosecute or to initiate action upon a complaint or
  537  a referral by the commission does shall not bar further action
  538  by the commission under this chapter.
  539         (8)(7) Every sworn complaint filed pursuant to this chapter
  540  with the commission, every investigation and investigative
  541  report or other paper of the commission with respect to a
  542  violation of this chapter or chapter 104, and every proceeding
  543  of the commission with respect to a violation of this chapter or
  544  chapter 104 is confidential, is exempt from the provisions of
  545  ss. 119.07(1) and 286.011, and is exempt from publication in the
  546  Florida Administrative Register of any notice or agenda with
  547  respect to any proceeding relating to such violation, except
  548  under the following circumstances:
  549         (a) As provided in subsection (7) (6);
  550         (b) Upon a determination of probable cause or no probable
  551  cause by the commission; or
  552         (c) For proceedings conducted with respect to appeals of
  553  fines levied by filing officers for the late filing of reports
  554  required by this chapter.
  555  
  556  However, a complainant is not bound by the confidentiality
  557  provisions of this section. In addition, confidentiality may be
  558  waived in writing by the person against whom the complaint has
  559  been filed or the investigation has been initiated. If a finding
  560  of probable cause in a case is entered within 30 days before
  561  prior to the date of the election with respect to which the
  562  alleged violation occurred, such finding and the proceedings and
  563  records relating to such case may shall not become public until
  564  noon of the day following such election. When two or more
  565  persons are being investigated by the commission with respect to
  566  an alleged violation of this chapter or chapter 104, the
  567  commission may not publicly enter a finding of probable cause or
  568  no probable cause in the case until a finding of probable cause
  569  or no probable cause for the entire case has been determined.
  570  However, once the confidentiality of any case has been breached,
  571  the person or persons under investigation have the right to
  572  waive the confidentiality of the case, thereby opening up the
  573  proceedings and records to the public. Any person who discloses
  574  any information or matter made confidential by the provisions of
  575  this subsection commits a misdemeanor of the first degree,
  576  punishable as provided in s. 775.082 or s. 775.083.
  577         (9)(8) Any person who files a complaint pursuant to this
  578  section while knowing that the allegations contained in such
  579  complaint are false or without merit commits a misdemeanor of
  580  the first degree, punishable as provided in s. 775.082 or s.
  581  775.083.
  582         (10)(9) The commission shall maintain a database of all
  583  final orders and agency actions. Such database shall be
  584  available to the public and shall be maintained in such a manner
  585  as to be searchable, at a minimum, by issue, statutes,
  586  individuals, or entities referenced.
  587         Section 8. Subsections (3) and (4) of section 104.2715,
  588  Florida Statutes, are amended to read:
  589         104.2715 False representations of military service;
  590  penalty.—
  591         (3) The commission shall adopt rules to provide an
  592  expedited hearing of complaints filed under subsection (2), or,
  593  in cases referred to the Division of Administrative Hearings
  594  pursuant to s. 106.25(5), the director shall assign an
  595  administrative law judge to provide an expedited hearing.
  596         (4) Notwithstanding any other law, the commission or
  597  administrative law judge shall assess a civil penalty of up to
  598  $5,000 against any candidate who is found to have violated
  599  subsection (1), which shall be deposited into the General
  600  Revenue Fund.
  601         Section 9. Subsection (1) of section 106.023, Florida
  602  Statutes, is amended to read:
  603         106.023 Statement of candidate.—
  604         (1) Each candidate must file a statement with the
  605  qualifying officer within 10 days after filing the appointment
  606  of campaign treasurer and designation of campaign depository,
  607  stating that the candidate has read and understands the
  608  requirements of this chapter. Such statement shall be provided
  609  by the filing officer and shall be in substantially the
  610  following form:
  611  
  612                       STATEMENT OF CANDIDATE                      
  613  
  614         I, ...., candidate for the office of ...., have been
  615  provided access to read and understand the requirements of
  616  Chapter 106, Florida Statutes.
  617  
  618  ...(Signature of candidate)...                      ...(Date)...
  619  
  620  Willful failure to file this form is a violation of ss.
  621  106.19(1)(c) and 106.25(4) 106.25(3), F.S.
  622         Section 10. Paragraph (a) of subsection (3) of section
  623  106.0703, Florida Statutes, is amended to read:
  624         106.0703 Electioneering communications organizations;
  625  reporting requirements; certification and filing; penalties.—
  626         (3)(a) Except for daily reports, to which only the
  627  contribution provisions below apply, each report required by
  628  this section must contain:
  629         1. The full name, address, and occupation, if any, of each
  630  person who has made one or more contributions to or for such
  631  electioneering communications organization within the reporting
  632  period, together with the amount and date of such contributions.
  633  For corporations, the report must provide as clear a description
  634  as practicable of the principal type of business conducted by
  635  the corporation. However, if the contribution is $100 or less,
  636  the occupation of the contributor or the principal type of
  637  business need not be listed.
  638         2. The name and address of each political committee from
  639  which or to which the reporting electioneering communications
  640  organization made any transfer of funds, together with the
  641  amounts and dates of all transfers.
  642         2.3. Each loan for electioneering communication purposes to
  643  or from any person or political committee within the reporting
  644  period, together with the full names, addresses, and occupations
  645  and principal places of business, if any, of the lender and
  646  endorsers, if any, and the date and amount of such loans.
  647         3.4. A statement of each contribution, rebate, refund, or
  648  other receipt not otherwise listed under subparagraphs 1. and 2.
  649  1.-3.
  650         4.5. The total sums of all loans, in-kind contributions,
  651  and other receipts by or for such electioneering communications
  652  organization during the reporting period. The reporting forms
  653  shall be designed to elicit separate totals for in-kind
  654  contributions, loans, and other receipts.
  655         5.6. The full name and address of each person to whom
  656  expenditures have been made by or on behalf of the
  657  electioneering communications organization within the reporting
  658  period and the amount, date, and purpose of each expenditure.
  659         6.7. The full name and address of each person to whom an
  660  expenditure for personal services, salary, or reimbursement for
  661  expenses has been made and that is not otherwise reported,
  662  including the amount, date, and purpose of the expenditure.
  663         7.8. The total sum of expenditures made by the
  664  electioneering communications organization during the reporting
  665  period.
  666         8.9. The amount and nature of debts and obligations owed by
  667  or to the electioneering communications organization that relate
  668  to the conduct of any electioneering communication.
  669         9.10. Transaction information for each credit card
  670  purchase. Receipts for each credit card purchase shall be
  671  retained by the electioneering communications organization.
  672         10.11. The amount and nature of any separate interest
  673  bearing accounts or certificates of deposit and identification
  674  of the financial institution in which such accounts or
  675  certificates of deposit are located.
  676         11.12. The primary purposes of an expenditure made
  677  indirectly through an electioneering communications organization
  678  for goods and services, such as communications media placement
  679  or procurement services and other expenditures that include
  680  multiple components as part of the expenditure. The primary
  681  purpose of an expenditure shall be that purpose, including
  682  integral and directly related components, that comprises 80
  683  percent of such expenditure.
  684         Section 11. Subsection (2) of section 106.087, Florida
  685  Statutes, is amended to read:
  686         106.087 Independent expenditures; contribution limits;
  687  restrictions on political parties and political committees.—
  688         (2)(a)A Any political committee that accepts the use of
  689  public funds, equipment, personnel, or other resources to
  690  collect dues from its members may agrees not to make independent
  691  expenditures in support of or opposition to a candidate or
  692  elected public official. However, expenditures may be made for
  693  the sole purpose of jointly endorsing three or more candidates.
  694         (b)A Any political committee that violates this subsection
  695  is liable for a civil fine of up to $5,000 to be determined by
  696  the Florida Elections Commission or the entire amount of the
  697  expenditures, whichever is greater.
  698         Section 12. Paragraph (d) of subsection (1) of section
  699  106.143, Florida Statutes, is amended to read:
  700         106.143 Political advertisements circulated prior to
  701  election; requirements.—
  702         (1)
  703         (d) Any political advertisement made pursuant to s.
  704  106.021(3)(d) must prominently state the name and address of the
  705  political committee or political party paying for the
  706  advertisement.
  707         Section 13. Subsections (1) and (2) of section 106.265,
  708  Florida Statutes, are amended to read:
  709         106.265 Civil penalties.—
  710         (1) The commission or, in cases referred to the Division of
  711  Administrative Hearings pursuant to s. 106.25(5), the
  712  administrative law judge is authorized upon the finding of a
  713  violation of this chapter or chapter 104 to impose civil
  714  penalties in the form of fines not to exceed $1,000 per count,
  715  or, if applicable, to impose a civil penalty as provided in s.
  716  104.271 or s. 106.19.
  717         (2) In determining the amount of such civil penalties, the
  718  commission or administrative law judge shall consider, among
  719  other mitigating and aggravating circumstances:
  720         (a) The gravity of the act or omission;
  721         (b) Any previous history of similar acts or omissions;
  722         (c) The appropriateness of such penalty to the financial
  723  resources of the person, political committee, affiliated party
  724  committee, electioneering communications organization, or
  725  political party; and
  726         (d) Whether the person, political committee, affiliated
  727  party committee, electioneering communications organization, or
  728  political party has shown good faith in attempting to comply
  729  with the provisions of this chapter or chapter 104.
  730         Section 14. For the purpose of incorporating the amendment
  731  made by this act to section 106.07, Florida Statutes, in a
  732  reference thereto, subsection (3) of section 106.0705, Florida
  733  Statutes, is reenacted to read:
  734         106.0705 Electronic filing of campaign treasurer’s
  735  reports.—
  736         (3) Reports filed pursuant to this section shall be
  737  completed and filed through the electronic filing system not
  738  later than midnight of the day designated. Reports not filed by
  739  midnight of the day designated are late filed and are subject to
  740  the penalties under s. 106.07(8), s. 106.0703(7), or s.
  741  106.29(3), as applicable.
  742         Section 15. By July 1, 2016, the Division of Elections
  743  shall establish an enhanced website that includes all state and
  744  local campaign filings that are required pursuant to chapter
  745  106, Florida Statutes, in a searchable format that is accessible
  746  by an individual using standard web-browsing software.
  747         Section 16. This act shall take effect October 1, 2015.