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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Flanagan offered the following:

12

13         Amendment to Amendment (774083) (with title amendment) 

14         On page 13, between lines 19 and 20 of the amendment

15

16  insert:

17         Section 12.  Section 106.141, Florida Statutes, as

18  amended by section 16 of chapter 97-13, Laws of Florida, is

19  amended to read:

20         106.141  Disposition of surplus funds by candidates.--

21         (1)  Each candidate who withdraws his or her candidacy,

22  becomes an unopposed candidate, or is eliminated as a

23  candidate or elected to office shall, within 90 days, dispose

24  of the funds on deposit in his or her campaign account and

25  file a report reflecting the disposition of all remaining

26  funds. Such candidate shall not accept any contributions, nor

27  shall any person accept contributions on behalf of such

28  candidate, after the candidate withdraws his or her candidacy,

29  becomes unopposed, or is eliminated or elected. However, if a

30  candidate receives a refund check after all surplus funds have

31  been disposed of, the check may be endorsed by the candidate

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)





 1  and the refund disposed of under this section.  An amended

 2  report must be filed showing the refund and subsequent

 3  disposition.

 4         (2)  Any candidate required to dispose of funds

 5  pursuant to this section may, prior to such disposition, be

 6  reimbursed by the campaign, in full or in part, for any

 7  reported contributions by the candidate to the campaign.

 8         (3)  The campaign treasurer of a candidate who

 9  withdraws his or her candidacy, becomes unopposed, or is

10  eliminated as a candidate or elected to office and who has

11  funds on deposit in a separate interest-bearing account or

12  certificate of deposit shall, within 7 days after the date of

13  becoming unopposed or the date of such withdrawal,

14  elimination, or election, transfer such funds and the

15  accumulated interest earned thereon to the campaign account of

16  the candidate for disposal under this section.  However, if

17  the funds are in an account in which penalties will apply for

18  withdrawal within the 7-day period, the campaign treasurer

19  shall transfer such funds and the accumulated interest earned

20  thereon as soon as the funds can be withdrawn without penalty,

21  or within 90 days after the candidate becomes unopposed,

22  withdraws his or her candidacy, or is eliminated or elected,

23  whichever comes first.

24         (4)(a)  Except as provided in paragraph (b), any

25  candidate required to dispose of funds pursuant to this

26  section shall, at the option of the candidate, dispose of such

27  funds by any of the following means, or any combination

28  thereof:

29         1.  Return pro rata to each contributor the funds that

30  have not been spent or obligated.

31         2.  Donate the funds that have not been spent or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)





 1  obligated to a charitable organization or organizations that

 2  meet the qualifications of s. 501(c)(3) of the Internal

 3  Revenue Code.

 4         3.  Give not more than $10,000 of the funds that have

 5  not been spent or obligated to the political party of which

 6  such candidate is a member.

 7         4.  Give the funds that have not been spent or

 8  obligated:

 9         a.  In the case of a candidate for state office, to the

10  state, to be deposited in either the Election Campaign

11  Financing Trust Fund or the General Revenue Fund, as

12  designated by the candidate; or

13         b.  In the case of a candidate for an office of a

14  political subdivision, to such political subdivision, to be

15  deposited in the general fund thereof.

16         (b)  Any candidate required to dispose of funds

17  pursuant to this section who has received contributions from

18  the Election Campaign Financing Trust Fund shall return all

19  surplus campaign funds to the Election Campaign Financing

20  Trust Fund.

21         (5)  A candidate elected to office or a candidate who

22  will be elected to office by virtue of his or her being

23  unopposed may, in addition to the disposition methods provided

24  in subsection (4), transfer from the campaign account to an

25  office account any amount of the funds on deposit in such

26  campaign account up to:

27         (a)  Ten thousand dollars, for a candidate for

28  statewide office.  The Governor and Lieutenant Governor shall

29  be considered separate candidates for the purpose of this

30  section.

31         (b)  Five thousand dollars, for a candidate for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)





 1  multicounty office.

 2         (c)  Two thousand five hundred dollars multiplied by

 3  the number of years in the term of office for which elected,

 4  for a candidate for legislative office.

 5         (d)  One thousand dollars multiplied by the number of

 6  years in the term of office for which elected, for a candidate

 7  for county office or for a candidate in any election conducted

 8  on less than a countywide basis.

 9         (e)  Six thousand dollars, for a candidate for

10  retention as a justice of the Supreme Court.

11         (f)  Three thousand dollars, for a candidate for

12  retention as a judge of a district court of appeal.

13         (g)  One thousand five hundred dollars, for a candidate

14  for county court judge or circuit judge.

15

16  The office account established pursuant to this subsection

17  shall be separate from any personal or other account.  Any

18  funds so transferred by a candidate shall be used only for

19  legitimate expenses in connection with the candidate's public

20  office.  Such expenses may include travel expenses incurred by

21  the officer or a staff member, personal taxes payable on

22  office account funds by the candidate or elected public

23  official, or expenses incurred in the operation of his or her

24  office, including the employment of additional staff. The

25  funds may be deposited in a savings account; however, all

26  deposits, withdrawals, and interest earned thereon shall be

27  reported at the appropriate reporting period. If a candidate

28  is reelected to office or elected to another office and has

29  funds remaining in his or her office account, he or she may

30  transfer surplus campaign funds to the office account.  At no

31  time may the funds in the office account exceed the limitation

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)





 1  imposed by this subsection. Upon leaving public office, any

 2  person who has funds in an office account pursuant to this

 3  subsection remaining on deposit shall give such funds to a

 4  charitable organization or organizations which meet the

 5  requirements of s. 501(c)(3) of the Internal Revenue Code or,

 6  in the case of a state officer, to the state to be deposited

 7  in the General Revenue Fund or, in the case of an officer of a

 8  political subdivision, to the political subdivision to be

 9  deposited in the general fund thereof.

10         (6)(a)  A candidate elected to office or a candidate

11  who will be elected to office by virtue of his or her being

12  unopposed may, in addition to the disposition methods provided

13  in subsections (4) and (5), transfer up to $10,000 from the

14  funds on deposit in the campaign account to a re-election

15  account. The re-election account established pursuant to this

16  subsection shall be separate from any personal or other

17  account, and the candidate shall designate the re-election

18  account as his or her primary campaign depository pursuant to

19  s. 106.021. Funds in the re-election account may only be used

20  for campaign-related expenses in connection with the

21  candidate's re-election to the same office and, with regard to

22  a state legislator, for re-election from the same district.

23         (b)1.  If a candidate for re-election withdraws his or

24  her candidacy, and has transferred funds into a re-election

25  account pursuant to paragraph (a), he or she shall give the

26  amount of the funds transferred, to the extent such funds are

27  available in the account, to a charitable organization or

28  organizations which meet the requirements of s. 501(c)(3) of

29  the Internal Revenue Code or, in the case of a state officer,

30  to the state to be deposited in the General Revenue Fund or,

31  in the case of an officer of a political subdivision, to the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)





 1  political subdivision to be deposited in the general revenue

 2  fund thereof.

 3         2.  Any surplus funds in a campaign depository

 4  originating as a re-election account which are not disbursed

 5  pursuant to subparagraph 1. shall be disposed of pursuant to

 6  subsections (4) or (5).

 7         (7)(6)  Prior to disposing of funds pursuant to

 8  subsection (4) or transferring funds into a separate an office

 9  account pursuant to subsections (5) or (6), any candidate who

10  filed an oath stating that he or she was unable to pay the

11  election assessment or fee for verification of petition

12  signatures without imposing an undue burden on his or her

13  personal resources or on resources otherwise available to him

14  or her, or who filed both such oaths, or who qualified by the

15  alternative method and was not required to pay an election

16  assessment, shall reimburse the state or local governmental

17  entity, whichever is applicable, for such waived assessment or

18  fee or both.  Such reimbursement shall be made first for the

19  cost of petition verification and then, if funds are

20  remaining, for the amount of the election assessment.  If

21  there are insufficient funds in the account to pay the full

22  amount of either the assessment or the fee or both, the

23  remaining funds shall be disbursed in the above manner until

24  no funds remain.  All funds disbursed pursuant to this

25  subsection shall be remitted to the qualifying officer.  Any

26  reimbursement for petition verification costs which are

27  reimbursable by the state shall be forwarded by the qualifying

28  officer to the state for deposit in the General Revenue Fund.

29  All reimbursements for the amount of the election assessment

30  shall be forwarded by the qualifying officer to the Department

31  of State for deposit in the Elections Commission Trust Fund.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)





 1         (8)(7)  Any candidate required to dispose of campaign

 2  funds pursuant to this section shall do so within the time

 3  required by this section and shall, on or before the date by

 4  which such disposition is to have been made, file with the

 5  officer with whom reports are required to be filed pursuant to

 6  s. 106.07 a form prescribed by the Division of Elections

 7  listing:

 8         (a)  The name and address of each person or unit of

 9  government to whom any of the funds were distributed and the

10  amounts thereof;

11         (b)  The name and address of each person to whom an

12  expenditure was made, together with the amount thereof and

13  purpose therefor; and

14         (c)  The amount of such funds transferred to an office

15  account by the candidate, together with the name and address

16  of the bank in which the office account is located.

17

18  Such report shall be signed by the candidate and the campaign

19  treasurer and certified as true and correct pursuant to s.

20  106.07. Any candidate failing to file a report on the

21  designated due date shall be subject to a fine as provided in

22  s. 106.07 for submitting late reports.

23         (9)(8)  Any candidate elected to office who transfers

24  surplus campaign funds into an office account pursuant to

25  subsection (5) shall file a report on the 10th day following

26  the end of each calendar quarter until the account is closed.

27  Such reports shall contain the name and address of each person

28  to whom any disbursement of funds was made, together with the

29  amount thereof and the purpose therefor, and the name and

30  address of any person from whom the elected candidate received

31  any refund or reimbursement and the amount thereof.  Such

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1507

    Amendment No.     (for drafter's use only)





 1  reports shall be on forms prescribed by the Division of

 2  Elections, signed by the elected candidate, certified as true

 3  and correct, and filed with the officer with whom campaign

 4  reports were filed pursuant to s. 106.07(2).

 5         (10)(9)  Any candidate, or any person on behalf of a

 6  candidate, who accepts contributions after such candidate has

 7  withdrawn his or her candidacy, after the candidate has become

 8  an unopposed candidate, or after the candidate has been

 9  eliminated as a candidate or elected to office commits a

10  misdemeanor of the first degree, punishable as provided in s.

11  775.082 or s. 775.083.

12         (11)(10)  Any candidate who is required by the

13  provisions of this section to dispose of funds in his or her

14  campaign account and who fails to dispose of the funds in the

15  manner provided in this section commits a misdemeanor of the

16  first degree, punishable as provided in s. 775.082 or s.

17  775.083.

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 15, line 6 of the amendment

23  remove:  all of said line

24

25  and insert in lieu thereof:

26         expenditure; amending s. 106.141, F.S.;

27         providing for disposition of surplus campaign

28         funds to a separate re-election account;

29

30

31

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