House Bill 0565

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    Florida House of Representatives - 1999                 HB 565

        By Representatives Logan and Brown






  1                      A bill to be entitled

  2         An act relating to campaign financing; amending

  3         s. 106.021, F.S.; eliminating a provision that

  4         authorizes the unrestricted expenditure of

  5         funds for the purpose of jointly endorsing

  6         three or more candidates; amending s. 106.03,

  7         F.S.; requiring additional information for

  8         registration of political committees and

  9         certification of committees of continuous

10         existence; reenacting s. 106.04(2), F.S.,

11         relating to requirements for certification of

12         committees of continuous existence, to

13         incorporate the amendment to s. 106.03, F.S.,

14         in a reference thereto; amending ss. 106.04 and

15         106.07, F.S.; requiring reports of committees

16         of continuous existence and political

17         committees to include certain information if a

18         majority of the committee's contributors share

19         a common economic or other special interest;

20         providing penalties; eliminating unnecessary

21         language relating to prohibited activities of

22         committees of continuous existence under

23         campaign financing law and the penalties

24         applicable thereto; amending s. 106.08, F.S.;

25         providing limits on contributions to political

26         parties; revising limits on contributions that

27         political parties may make to candidates and on

28         contributions that candidates may accept from

29         political parties; eliminating a provision

30         relating to nonallocable, in-kind contributions

31         to candidates from political parties and the

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  1         reporting thereof; providing penalties;

  2         amending s. 106.087, F.S.; eliminating a

  3         provision that prohibits certain political

  4         committees and committees of continuous

  5         existence from making independent expenditures

  6         in support of or opposition to a candidate or

  7         elected public official; amending s. 106.29,

  8         F.S.; correcting cross references and revising

  9         language, to conform; reenacting s.

10         106.19(1)(a), F.S., relating to penalties

11         applicable to acceptance of contributions in

12         excess of the limits provided by law, to

13         incorporate the amendment to s. 106.08, F.S.,

14         in a reference thereto; providing an effective

15         date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (3) of section 106.021, Florida

20  Statutes, is amended to read:

21         106.021  Campaign treasurers; deputies; primary and

22  secondary depositories.--

23         (3)  Except for independent expenditures, no

24  contribution or expenditure, including contributions or

25  expenditures of a candidate or of the candidate's family,

26  shall be directly or indirectly made or received in

27  furtherance of the candidacy of any person for nomination or

28  election to political office in the state or on behalf of any

29  political committee except through the duly appointed campaign

30  treasurer of the candidate or political committee. However,

31  expenditures may be made directly by any political committee

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  1  or political party regulated by chapter 103 for obtaining

  2  time, space, or services in or by any communications medium

  3  for the purpose of jointly endorsing three or more candidates,

  4  and any such expenditure shall not be considered a

  5  contribution or expenditure to or on behalf of any such

  6  candidates for the purposes of this chapter.

  7         Section 2.  Subsection (2) of section 106.03, Florida

  8  Statutes, is amended to read:

  9         106.03  Registration of political committees.--

10         (2)  The statement of organization shall include:

11         (a)  The name and address of the committee and, if

12  applicable, the name of the corporation, labor union, or

13  professional association whose officials, employees, or

14  members established the committee;

15         (b)  The address of the committee;

16         (c)(b)  The names, addresses, and relationships of

17  affiliated or connected organizations;

18         (d)(c)  The area, scope, or jurisdiction of the

19  committee;

20         (e)(d)  The name, address, and position, and principal

21  employer of the custodian of books and accounts;

22         (f)(e)  The name, address, and position, and principal

23  employer of each other principal officer officers, including

24  each officer and each member officers and members of the

25  finance committee, if any;

26         (g)(f)  The name, address, office sought, and party

27  affiliation of:

28         1.  Each candidate whom the committee is supporting;

29         2.  Any other individual, if any, whom the committee is

30  supporting for nomination for election, or election, to any

31  public office whatever;

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  1         (h)(g)  Any issue or issues such organization is

  2  supporting or opposing;

  3         (i)(h)  If the committee is supporting the entire

  4  ticket of any party, a statement to that effect and the name

  5  of the party;

  6         (j)(i)  A statement of whether the committee is a

  7  continuing one;

  8         (k)(j)  Plans for the disposition of residual funds

  9  which will be made in the event of dissolution;

10         (l)(k)  A listing of all banks, safe-deposit boxes, or

11  other depositories used for committee funds; and

12         (m)(l)  A statement of the reports required to be filed

13  by the committee with federal officials, if any, and the

14  names, addresses, and positions of such officials.

15         Section 3.  Subsection (2) of section 106.04, Florida

16  Statutes, is reenacted, and paragraph (c) of subsection (4)

17  and subsection (5) of said section are amended, to read:

18         106.04  Committees of continuous existence.--

19         (2)  Any group, organization, association, or other

20  entity may seek certification from the Department of State as

21  a committee of continuous existence by filing an application

22  with the Division of Elections on a form provided by the

23  division. Such application shall provide the information

24  required of political committees by s. 106.03(2).  Each

25  application shall be accompanied by the name and street

26  address of the principal officer of the applying entity as of

27  the date of the application; a copy of the charter or bylaws

28  of the organization; a copy of the dues or assessment schedule

29  of the organization, or formula by which dues or assessments

30  are levied; and a complete financial statement or annual audit

31  summarizing all income received, and all expenses incurred, by

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  1  the organization during the 12 months preceding the date of

  2  application.  A membership list shall be made available for

  3  inspection if deemed necessary by the division.

  4         (4)

  5         (c)  All committees of continuous existence shall file

  6  the original and one copy of their reports with the Division

  7  of Elections.  In addition, a duplicate copy of each report

  8  shall be filed with the supervisor of elections in the county

  9  in which the committee maintains its books and records, except

10  that if the filing officer to whom the committee is required

11  to report is located in the same county as the supervisor no

12  such duplicate report is required to be filed with the

13  supervisor.  Reports shall be on forms provided by the

14  division and shall contain the following information:

15         1.  The full name, address, and occupation of each

16  person who has made one or more contributions to the committee

17  during the reporting period, together with the amounts and

18  dates of such contributions.  For corporations, the report

19  must provide as clear a description as practicable of the

20  principal type of business conducted by the corporation.

21  However, if the contribution is $100 or less, the occupation

22  of the contributor or principal type of business need not be

23  listed.  However, for any contributions which represent the

24  payment of dues by members in a fixed amount pursuant to the

25  schedule on file with the Division of Elections, only the

26  aggregate amount of such contributions need be listed,

27  together with the number of members paying such dues and the

28  amount of the membership dues.

29         2.  The name and address of each political committee or

30  committee of continuous existence from which the reporting

31  committee received, or the name and address of each political

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  1  committee, committee of continuous existence, or political

  2  party to which it made, any transfer of funds, together with

  3  the amounts and dates of all transfers.

  4         3.  Any other receipt of funds not listed pursuant to

  5  subparagraph 1. or subparagraph 2., including the sources and

  6  amounts of all such funds.

  7         4.  The name and address of, and office sought by, each

  8  candidate to whom the committee has made a contribution during

  9  the reporting period, together with the amount and date of

10  each contribution.

11         5.  As clear a description as practicable of the

12  economic or other special interest of a majority of the

13  committee's contributors if a majority of the committee's

14  contributors share a common economic or other special

15  interest. For purposes of this subparagraph, "majority of the

16  committee's contributors" means more than 50 percent of the

17  total number of contributors who have contributed in excess of

18  $100 or more than 50 percent of the total amount of

19  contributions in excess of $100 each.

20         (d)  The treasurer of each committee shall certify as

21  to the correctness of each report and shall bear the

22  responsibility for its accuracy and veracity. Any treasurer

23  who willfully certifies to the correctness of a report while

24  knowing that such report is incorrect, false, or incomplete

25  commits a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         (5)  No committee of continuous existence shall

28  contribute to any candidate or political committee an amount

29  in excess of the limits contained in s. 106.08(1) or

30  participate in any other activity which is prohibited by this

31  chapter. If any violation occurs, it shall be punishable as

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  1  provided in this chapter for the given offense. No funds of a

  2  committee of continuous existence shall be expended on behalf

  3  of a candidate, except by means of a contribution made through

  4  the duly appointed campaign treasurer of a candidate. No such

  5  committee shall make expenditures in support of, or in

  6  opposition to, an issue unless such committee first registers

  7  as a political committee pursuant to this chapter and

  8  undertakes all the practices and procedures required thereof;

  9  provided such committee may make contributions in a total

10  amount not to exceed 25 percent of its aggregate income, as

11  reflected in the annual report filed for the previous year, to

12  one or more political committees registered pursuant to s.

13  106.03 and formed to support or oppose issues.

14         Section 4.  Subsection (4) of section 106.07, Florida

15  Statutes, is amended to read:

16         106.07  Reports; certification and filing.--

17         (4)(a)  Each report required by this section shall

18  contain:

19         1.  The full name, address, and  occupation, if any of

20  each person who has made one or more contributions to or for

21  such committee or candidate within the reporting period,

22  together with the amount and date of such contributions. For

23  corporations, the report must provide as clear a description

24  as practicable of the principal type of business conducted by

25  the corporation.  However, if the contribution is $100 or less

26  or is from a relative, as defined in s. 112.312, provided that

27  the relationship is reported, the occupation of the

28  contributor or the principal type of business need not be

29  listed.

30         2.  The name and address of each political committee

31  from which the reporting committee or the candidate received,

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  1  or to which the reporting committee or candidate made, any

  2  transfer of funds, together with the amounts and dates of all

  3  transfers.

  4         3.  Each loan for campaign purposes to or from any

  5  person or political committee within the reporting period,

  6  together with the full names, addresses, and occupations, and

  7  principal places of business, if any, of the lender and

  8  endorsers, if any, and the date and amount of such loans.

  9         4.  A statement of each contribution, rebate, refund,

10  or other receipt not otherwise listed under subparagraphs 1.

11  through 3.

12         5.  The total sums of all loans, in-kind contributions,

13  and other receipts by or for such committee or candidate

14  during the reporting period. The reporting forms shall be

15  designed to elicit separate totals for in-kind contributions,

16  loans, and other receipts.

17         6.  The full name and address of each person to whom

18  expenditures have been made by or on behalf of the committee

19  or candidate within the reporting period; the amount, date,

20  and purpose of each such expenditure; and the name and address

21  of, and office sought by, each candidate on whose behalf such

22  expenditure was made.  However, expenditures made from the

23  petty cash fund provided by s. 106.12 need not be reported

24  individually.

25         7.  The full name and address of each person to whom an

26  expenditure for personal services, salary, or reimbursement

27  for authorized expenses has been made and which is not

28  otherwise reported, including the amount, date, and purpose of

29  such expenditure.  However, expenditures made from the petty

30  cash fund provided for in s. 106.12 need not be reported

31  individually.

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  1         8.  The total amount withdrawn and the total amount

  2  spent for petty cash purposes pursuant to this chapter during

  3  the reporting period.

  4         9.  The total sum of expenditures made by such

  5  committee or candidate during the reporting period.

  6         10.  The amount and nature of debts and obligations

  7  owed by or to the committee or candidate, which relate to the

  8  conduct of any political campaign.

  9         11.  A copy of each credit card statement which shall

10  be included in the next report following receipt thereof by

11  the candidate or political committee. Receipts for each credit

12  card purchase shall be retained by the treasurer with the

13  records for the campaign account.

14         12.  The amount and nature of any separate

15  interest-bearing accounts or certificates of deposit and

16  identification of the financial institution in which such

17  accounts or certificates of deposit are located.

18         (b)  Each report required to be filed under this

19  section by a political committee shall contain as clear a

20  description as practicable of the economic or other special

21  interest of a majority of the committee's contributors if a

22  majority of the committee's contributors share a common

23  economic or special interest. For purposes of this paragraph,

24  "majority of the committee's contributors" means more than 50

25  percent of the total number of contributors who have

26  contributed in excess of $100 or more than 50 percent of the

27  total amount of contributions in excess of $100 each.

28         (c)(b)  The filing officer shall make available to any

29  candidate or committee a reporting form which the candidate or

30  committee may use to indicate contributions received by the

31

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  1  candidate or committee but returned to the contributor before

  2  deposit.

  3         (5)  The candidate and his or her campaign treasurer,

  4  in the case of a candidate, or the political committee chair

  5  and campaign treasurer of the committee, in the case of a

  6  political committee, shall certify as to the correctness of

  7  each report; and each person so certifying shall bear the

  8  responsibility for the accuracy and veracity of each report.

  9  Any campaign treasurer, candidate, or political committee

10  chair who willfully certifies the correctness of any report

11  while knowing that such report is incorrect, false, or

12  incomplete commits a misdemeanor of the first degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         Section 5.  Section 106.08, Florida Statutes, is

15  amended to read:

16         106.08  Contributions; limitations on.--

17         (1)(a)  Except for political parties, no person,

18  political committee, or committee of continuous existence may,

19  in any election, make contributions in excess of $500 to any

20  candidate for election to or retention in office or to any

21  political committee supporting or opposing one or more

22  candidates. Candidates for the offices of Governor and

23  Lieutenant Governor on the same ticket are considered a single

24  candidate for the purpose of this section.

25         (b)1.  The contribution limits provided in this

26  subsection do not apply to contributions made by a state or

27  county executive committee of a political party regulated by

28  chapter 103 or to amounts contributed by a candidate to his or

29  her own campaign.

30         2.  Notwithstanding the limits provided in this

31  subsection, an unemancipated child under the age of 18 years

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  1  of age may not make a contribution in excess of $100 to any

  2  candidate or to any political committee supporting one or more

  3  candidates.

  4         (c)  The contribution limits of this subsection apply

  5  to each election.  For purposes of this subsection, the first

  6  primary, second primary, and general election are separate

  7  elections so long as the candidate is not an unopposed

  8  candidate as defined in s. 106.011(15).  However, for the

  9  purpose of contribution limits with respect to candidates for

10  retention as a justice of the Supreme Court or judge of a

11  district court of appeal, there is only one election, which is

12  the general election, and with respect to candidates for

13  circuit judge or county court judge, there are only two

14  elections, which are the first primary election and general

15  election.

16         (2)  A person, political committee, or committee of

17  continuous existence may not make contributions to the state

18  and county executive committees of a political party,

19  including any subordinate committee of a state or county

20  executive committee of a political party, which contributions,

21  including in-kind contributions, in the aggregate in any

22  calendar year exceed $5,000.

23         (3)(2)(a)  A candidate may not accept contributions

24  from national, state, including any subordinate committee of a

25  national, state, or county committee of a political party, and

26  county executive committees of a political party, including

27  any subordinate committee of a national, state, or county

28  executive committee of a political party, which contributions,

29  including in-kind contributions, in the aggregate exceed

30  $75,000 $50,000, no more than $25,000 of which may be accepted

31

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  1  prior to the 28-day period immediately preceding the date of

  2  the general election.

  3         (b)  National, state, and county executive committees

  4  of a political party, including any subordinate committee of a

  5  national, state, or county executive committee of a political

  6  party, may not make contributions to a candidate, which

  7  contributions, including in-kind contributions, in the

  8  aggregate exceed $75,000.

  9         (b)  Polling services, research services, costs for

10  campaign staff, professional consulting services, and

11  telephone calls are not contributions to be counted toward the

12  contribution limits of paragraph (a). Any item not expressly

13  identified in this paragraph as nonallocable is a contribution

14  in an amount equal to the fair market value of the item and

15  must be counted as allocable toward the $50,000 contribution

16  limits of paragraph (a). Nonallocable, in-kind contributions

17  must be reported by the candidate under s. 106.07 and by the

18  political party under s. 106.29.

19         (4)(3)(a)  Any contribution received by a candidate

20  with opposition in an election or by the campaign treasurer or

21  a deputy campaign treasurer of such a candidate on the day of

22  that election or less than 5 days prior to the day of that

23  election must be returned by him or her to the person or

24  committee contributing it and may not be used or expended by

25  or on behalf of the candidate.

26         (b)  Except as otherwise provided in paragraph (c), any

27  contribution received by a candidate or by the campaign

28  treasurer or a deputy campaign treasurer of a candidate after

29  the date at which the candidate withdraws his or her

30  candidacy, or after the date the candidate is defeated,

31  becomes unopposed, or is elected to office must be returned to

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  1  the person or committee contributing it and may not be used or

  2  expended by or on behalf of the candidate.

  3         (c)  With respect to any campaign for an office in

  4  which an independent or minor party candidate has filed as

  5  required in s. 99.0955 or s. 99.096, but whose qualification

  6  is pending a determination by the Department of State or

  7  supervisor of elections as to whether or not the required

  8  number of petition signatures was obtained:

  9         1.  The department or supervisor shall, no later than 3

10  days after that determination has been made, notify in writing

11  all other candidates for that office of that determination.

12         2.  Any contribution received by a candidate or the

13  campaign treasurer or deputy campaign treasurer of a candidate

14  after the candidate has been notified in writing by the

15  department or supervisor that he or she has become unopposed

16  as a result of an independent or minor party candidate failing

17  to obtain the required number of petition signatures shall be

18  returned to the person, political committee, or committee of

19  continuous existence contributing it and shall not be used or

20  expended by or on behalf of the candidate.

21         (5)(4)  Any contribution received by the chair,

22  campaign treasurer, or deputy campaign treasurer of a

23  political committee supporting or opposing a candidate with

24  opposition in an election or supporting or opposing an issue

25  on the ballot in an election on the day of that election or

26  less than 5 days prior to the day of that election may not be

27  obligated or expended by the committee until after the date of

28  the election.

29         (6)(5)  A person may not make any contribution through

30  or in the name of another, directly or indirectly, in any

31  election.  Candidates, political committees, and political

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  1  parties may not solicit contributions from or make

  2  contributions to any religious, charitable, civic, or other

  3  causes or organizations established primarily for the public

  4  good. However, it is not a violation of this subsection for a

  5  candidate, political committee, or political party executive

  6  committee to make gifts of money in lieu of flowers in memory

  7  of a deceased person or for a candidate to continue membership

  8  in, or make regular donations from personal or business funds

  9  to, religious, political party, civic, or charitable groups of

10  which the candidate is a member or to which the candidate has

11  been a regular donor for more than 6 months.  A candidate may

12  purchase, with campaign funds, tickets, admission to events,

13  or advertisements from religious, civic, political party, or

14  charitable groups.

15         (7)(6)  A political party may not accept any

16  contribution which has been specifically designated for the

17  partial or exclusive use of a particular candidate.  Any

18  contribution so designated must be returned to the contributor

19  and may not be used or expended by or on behalf of the

20  candidate.

21         (8)(7)(a)  Any person who knowingly and willfully makes

22  no more than one contribution in violation of subsection (1),

23  subsection (2), or subsection (6) (5), or any person who

24  knowingly and willfully fails or refuses to return any

25  contribution as required in subsection (4) (3), commits a

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

27  775.082 or s. 775.083.  If any corporation, partnership, or

28  other business entity or any political party, political

29  committee, or committee of continuous existence is convicted

30  of knowingly and willfully violating any provision punishable

31  under this paragraph, it shall be fined not less than $1,000

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  1  and not more than $10,000.  If it is a domestic entity, it may

  2  be ordered dissolved by a court of competent jurisdiction; if

  3  it is a foreign or nonresident business entity, its right to

  4  do business in this state may be forfeited.  Any officer,

  5  partner, agent, attorney, or other representative of a

  6  corporation, partnership, or other business entity or of a

  7  political party, political committee, or committee of

  8  continuous existence who aids, abets, advises, or participates

  9  in a violation of any provision punishable under this

10  paragraph commits a misdemeanor of the first degree,

11  punishable as provided in s. 775.082 or s. 775.083.

12         (b)  Any person who knowingly and willfully makes two

13  or more contributions in violation of subsection (1),

14  subsection (2), or subsection (6) (5) commits a felony of the

15  third degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.  If any corporation, partnership, or

17  other business entity or any political party, political

18  committee, or committee of continuous existence is convicted

19  of knowingly and willfully violating any provision punishable

20  under this paragraph, it shall be fined not less than $10,000

21  and not more than $50,000.  If it is a domestic entity, it may

22  be ordered dissolved by a court of competent jurisdiction; if

23  it is a foreign or nonresident business entity, its right to

24  do business in this state may be forfeited.  Any officer,

25  partner, agent, attorney, or other representative of a

26  corporation, partnership, or other business entity, or of a

27  political committee, committee of continuous existence, or

28  political party who aids, abets, advises, or participates in a

29  violation of any provision punishable under this paragraph

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.

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  1         (9)(8)  Except when otherwise provided in subsection

  2  (8) (7), any person who knowingly and willfully violates any

  3  provision of this section shall, in addition to any other

  4  penalty prescribed by this chapter, pay to the state a sum

  5  equal to twice the amount contributed in violation of this

  6  chapter.  Each campaign treasurer shall pay all amounts

  7  contributed in violation of this section to the state for

  8  deposit in the General Revenue Fund.

  9         (10)(9)  This section does not apply to the transfer of

10  funds between a primary campaign depository and a savings

11  account or certificate of deposit or to any interest earned on

12  such account or certificate.

13         Section 6.  Section 106.087, Florida Statutes, is

14  amended to read:

15         106.087  Independent expenditures; contribution limits;

16  restrictions on political parties, political committees, and

17  committees of continuous existence.--

18         (1)(a)  As a condition of receiving a rebate of filing

19  fees and party assessment funds pursuant to s. 99.061(2), s.

20  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

21  treasurer of a state or county executive committee shall take

22  and subscribe to an oath or affirmation in writing. During the

23  qualifying period for state candidates and prior to

24  distribution of such funds, a printed copy of the oath or

25  affirmation shall be filed with the Secretary of State and

26  shall be substantially in the following form:

27

28  State of Florida

29  County of....

30         Before me, an officer authorized to administer oaths,

31  personally appeared ...(name)..., to me well known, who, being

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  1  sworn, says that he or she is the ...(title)... of the

  2  ...(name of party)... ...(state or specified county)...

  3  executive committee; that the executive committee has not

  4  made, either directly or indirectly, an independent

  5  expenditure in support of or opposition to a candidate or

  6  elected public official in the prior 6 months; that the

  7  executive committee will not make, either directly or

  8  indirectly, an independent expenditure in support of or

  9  opposition to a candidate or elected public official, through

10  and including the upcoming general election; and that the

11  executive committee will not violate the contribution limits

12  applicable to candidates under s. 106.08(3)(2), Florida

13  Statutes.

14                          ...(Signature of committee officer)...

15                                                 ...(Address)...

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17  Sworn to and subscribed before me this .... day of ....,

18  19...., at .... County, Florida.

19       ...(Signature and title of officer administering oath)...

20

21         (2)(b)  Any executive committee found to have violated

22  the provisions of the oath or affirmation in this section

23  prior to receiving funds shall be ineligible to receive the

24  rebate for that general election year.

25         (3)(c)  Any executive committee found to have violated

26  the provisions of the oath or affirmation in this section

27  after receiving funds shall be ineligible to receive the

28  rebate from candidates qualifying for the following general

29  election cycle.

30

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  1         (4)(d)  Any funds not distributed to the state or

  2  county executive committee pursuant to this section shall be

  3  deposited into the General Revenue Fund of the state.

  4         (2)(a)  Any political committee or committee of

  5  continuous existence that accepts the use of public funds,

  6  equipment, personnel, or other resources to collect dues from

  7  its members agrees not to make independent expenditures in

  8  support of or opposition to a candidate or elected public

  9  official. However, expenditures may be made for the sole

10  purpose of jointly endorsing three or more candidates.

11         (b)  Any political committee or committee of continuous

12  existence that violates this subsection is liable for a civil

13  fine of up to $5,000 to be determined by the Florida Elections

14  Commission or the entire amount of the expenditures, whichever

15  is greater.

16         Section 7.  Subsection (6) of section 106.29, Florida

17  Statutes, is amended to read:

18         106.29  Reports by political parties; restrictions on

19  contributions and expenditures; penalties.--

20         (6)(a)  The national, state, and county executive

21  committees of a political party, including any subordinate

22  committee of a national, state, or county executive committee

23  of a political party, may not contribute to any candidate any

24  amount in excess of the limits contained in s. 106.08(3)(2),

25  and all contributions required to be reported under s.

26  106.08(2) by the national executive committee of a political

27  party shall be reported by the state executive committee of

28  that political party.

29         (b)  A violation of the contribution limits contained

30  in s. 106.08(3)(2) is a misdemeanor of the first degree,

31  punishable as provided in s. 775.082 or s. 775.083. A civil

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  1  penalty equal to three times the amount in excess of the

  2  limits contained in s. 106.08(3)(2) shall be assessed against

  3  any executive committee found in violation thereof.

  4         Section 8.  For the purpose of incorporating the

  5  amendment to section 106.08, Florida Statutes, in a reference

  6  thereto, paragraph (a) of subsection (1) of section 106.19,

  7  Florida Statutes, is reenacted to read:

  8         106.19  Violations by candidates, persons connected

  9  with campaigns, and political committees.--

10         (1)  Any candidate; campaign manager, campaign

11  treasurer, or deputy treasurer of any candidate; committee

12  chair, vice chair, campaign treasurer, deputy treasurer, or

13  other officer of any political committee; agent or person

14  acting on behalf of any candidate or political committee; or

15  other person who knowingly and willfully:

16         (a)  Accepts a contribution in excess of the limits

17  prescribed by s. 106.08;

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19  is guilty of a misdemeanor of the first degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         Section 9.  This act shall take effect January 1, 2000.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Eliminates provisions that authorize the unrestricted
  4    expenditure of funds for the purpose of jointly endorsing
      three or more candidates. Requires additional information
  5    relating to establishment of the committee and the
      principal employer of each officer of the committee for
  6    purposes of registration of a political committee or
      certification of a committee of continuous existence.
  7    Requires each report of a committee of continuous
      existence or political committee, if a majority of the
  8    committee's contributors share a common economic or other
      special interest, to include information as to that
  9    economic or special interest. Provides limits on
      contributions to political parties. Revises limits on
10    contributions that political parties may make to
      candidates and on contributions that candidates may
11    accept from political parties. Eliminates a provision
      relating to nonallocable, in-kind contributions to
12    candidates from political parties and the reporting
      thereof. Eliminates a provision that prohibits a
13    political committee or committee of continuous existence
      that accepts the use of public funds, equipment,
14    personnel, or other resources to collect dues from its
      members from making independent expenditures in support
15    of or opposition to a candidate or elected public
      official. See bill for details.
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