House Bill hb1435

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    Florida House of Representatives - 2001                HB 1435

        By Representative Simmons






  1                      A bill to be entitled

  2         An act relating to campaign financing; creating

  3         s. 106.081, F.S.; providing a limitation on

  4         contributions to organizations engaging in

  5         campaign-related advertising; exempting

  6         contributions to political parties from such

  7         limitation; requiring return of amounts

  8         received in excess of such limitation;

  9         providing a finding of compelling state

10         interest in imposing such limitation; providing

11         penalties; providing a contingent effective

12         date.

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

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16         Section 1.  Section 106.081, Florida Statutes, is

17  created to read:

18         106.081  Limitations on contributions to organizations

19  engaging in campaign-related advertising.--

20         (1)  The Legislature finds that unlimited contributions

21  to organizations registered or required to register under s.

22  106.073 for engaging in campaign-related advertising can lead

23  to corruption or the appearance of corruption of the political

24  process by encouraging elected officials to become or appear

25  to become beholden to special interests in return for

26  advertising in support of the policies of such officials or by

27  unduly influencing or appearing to unduly influence the

28  policies of such officials through the threat of advertising

29  in opposition to such policies.  Therefore, the Legislature

30  finds a compelling state interest in enacting limitations upon

31  the contributions made to such organizations.

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    Florida House of Representatives - 2001                HB 1435

    795-107-01






  1         (2)  No person may make any contribution in excess of

  2  $1,500 in the aggregate in any calendar year to any

  3  organization registered or required to register under s.

  4  106.073 for engaging in campaign-related advertising.

  5  However, the limitation provided in this subsection does not

  6  apply to contributions to a political party.

  7         (3)  Any organization receiving a contribution in

  8  violation of this section must return to the contributor the

  9  amount of the contribution which is in excess of the

10  limitation provided in this section.

11         (4)(a)  Any person who knowingly and willfully makes no

12  more than one contribution in violation of this section, or

13  any person who knowingly and willfully fails or refuses to

14  return any contribution as required in this section, commits a

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

16  775.082 or s. 775.083.  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 $1,000

21  and not more than $10,000.  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 party, political committee, or committee of

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

29  in a violation of any provision punishable under this

30  paragraph commits a misdemeanor of the first degree,

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

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    Florida House of Representatives - 2001                HB 1435

    795-107-01






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

  2  or more contributions in violation of this section commits a

  3  felony of the third degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.  If any corporation,

  5  partnership, or other business entity or any political party,

  6  political committee, or committee of continuous existence is

  7  convicted of knowingly and willfully violating any provision

  8  punishable under this paragraph, it shall be fined not less

  9  than $10,000 and not more than $50,000.  If it is a domestic

10  entity, it may be ordered dissolved by a court of competent

11  jurisdiction. If it is a foreign or nonresident business

12  entity, its right to do business in this state may be

13  forfeited.  Any officer, partner, agent, attorney, or other

14  representative of a corporation, partnership, or other

15  business entity, or of a political committee, committee of

16  continuous existence, or political party who aids, abets,

17  advises, or participates in a violation of any provision

18  punishable under this paragraph commits a felony of the third

19  degree, punishable as provided in s. 775.082, s. 775.083, or

20  s. 775.084.

21         (5)  Any person who violates subsection (2) shall be

22  subject to a civil penalty equal to two times the amount

23  involved in the illegal act, and any organization that

24  violates subsection (3) shall be subject to a civil penalty

25  equal to three times the amount involved in the illegal act.

26  Such penalty may be in addition to the penalties provided by

27  subsection (4) and shall be paid into the General Revenue

28  Fund.

29         Section 2.  This act shall take effect July 1, 2001, if

30  House Bill 273 or similar legislation creating s. 106.073,

31  F.S., relating to regulation of campaign-related advertising,

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    Florida House of Representatives - 2001                HB 1435

    795-107-01






  1  is adopted in the same legislative session or an extension

  2  thereof and becomes law.

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  5                          HOUSE SUMMARY

  6
      Provides a limitation on contributions to organizations
  7    engaging in campaign-related advertising.  Exempts
      contributions to political parties from such limitation.
  8    Requires return of amounts received in excess of such
      limitation.  Provides a finding of compelling state
  9    interest in imposing such limitation.  Provides criminal
      and civil penalties, including court-ordered dissolution
10    and forfeiture of the right to do business in this state.

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