Senate Bill sb1842c1

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    Florida Senate - 2002             CS for SB's 1842, 1124 & 498

    By the Committee on Ethics and Elections; and Senators Lee,
    Futch, Smith, Constantine, King, Sanderson, Pruitt, Latvala,
    Campbell, Sullivan, Geller, Klein, Crist, Sebesta, Posey,
    Dyer, Brown-Waite and Lawson


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  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         106.011, F.S.; redefining the term "political

  4         committee"; redefining the term "communications

  5         media"; amending s. 106.07, F.S.; changing the

  6         fine for certain late-filed reports; amending

  7         s. 106.11, F.S.; authorizing the use of debit

  8         cards for campaigns; providing requirements;

  9         amending s. 106.12, F.S.; increasing the amount

10         for petty cash expenditures; amending s.

11         106.141, F.S.; requiring the filing officer to

12         notify candidates before the date the final

13         report is due; increasing the amount of surplus

14         funds that certain successful candidates may

15         contribute to an office account; amending s.

16         106.1437, F.S.; modifying reporting

17         requirements for miscellaneous advertisements

18         intended to influence public policy;

19         prescribing penalties; amending s. 106.15,

20         F.S.; expanding the prohibition on the use of

21         state employees for campaign purposes during

22         working hours to county, municipal, and

23         district employees; amending s. 106.19, F.S.;

24         conforming a statutory cross-reference;

25         providing for severability; providing an

26         effective date.

27

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

29

30         Section 1.  Subsections (1) and (13) of section

31  106.011, Florida Statutes, are amended to read:

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  1         106.011  Definitions.--As used in this chapter, the

  2  following terms have the following meanings unless the context

  3  clearly indicates otherwise:

  4         (1)(a)  "Political committee" means:

  5         1.  A combination of two or more individuals, or a

  6  person other than an individual, that, in an aggregate amount

  7  in excess of $500 during a single calendar year:

  8         a.  Accepts contributions for the purpose of making

  9  contributions to any candidate, political committee, committee

10  of continuous existence, or political party;

11         b.  Accepts contributions for the purpose of expressly

12  advocating the election or defeat of a candidate or the

13  passage or defeat of an issue;

14         c.  Makes expenditures that expressly advocate the

15  election or defeat of a candidate or the passage or defeat of

16  an issue; or

17         d.  Makes contributions to a common fund, other than a

18  joint checking account between spouses, from which

19  contributions are made to any candidate, political committee,

20  committee of continuous existence, or political party. the

21  primary or incidental purpose of which is to support or oppose

22  any candidate, issue, or political party, which accepts

23  contributions or makes expenditures during a calendar year in

24  an aggregate amount in excess of $500; "political committee"

25  also means

26         2.  The sponsor of a proposed constitutional amendment

27  by initiative who intends to seek the signatures of registered

28  electors.

29         (b)  Notwithstanding paragraph (a), the following

30  entities are not considered political committees for purposes

31  of this chapter:

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  1         1.  Organizations which are certified by the Department

  2  of State as committees of continuous existence pursuant to s.

  3  106.04, national political parties, and the state and county

  4  executive committees of political parties regulated by chapter

  5  103 shall not be considered political committees for the

  6  purposes of this chapter.

  7         2.  Corporations regulated by chapter 607 or chapter

  8  617 or other business entities formed for purposes other than

  9  to support or oppose issues or candidates, are not political

10  committees if their political activities are limited to

11  contributions to candidates, political parties, or political

12  committees or expenditures in support of or opposition to an

13  issue from corporate or business funds and if no contributions

14  are received by such corporations or business entities.

15         (13)  "Communications media" means broadcasting

16  stations, newspapers, magazines, outdoor advertising

17  facilities, printers, direct mailing companies, advertising

18  agencies, the internet, and telephone companies; but with

19  respect to telephones, an expenditure shall be deemed to be an

20  expenditure for the use of communications media only if made

21  for the costs of telephones, paid telephonists, or automatic

22  telephone equipment to be used by a candidate or a political

23  committee to communicate with potential voters but excluding

24  any costs of telephones incurred by a volunteer for use of

25  telephones by such volunteer.

26         Section 2.  Paragraph (b) of subsection (8) of section

27  106.07, Florida Statutes, is amended to read:

28         106.07  Reports; certification and filing.--

29         (8)

30         (b)  Upon determining that a report is late, the filing

31  officer shall immediately notify the candidate or chair of the

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  1  political committee as to the failure to file a report by the

  2  designated due date and that a fine is being assessed for each

  3  late day.  The fine shall be $50 per day for the first 3 days

  4  late and, thereafter, $500 per day for each late day, not to

  5  exceed 25 percent of the total receipts or expenditures,

  6  whichever is greater, for the period covered by the late

  7  report.  However, for the reports immediately preceding each

  8  primary and general election, the fine shall be $500 per day

  9  for each late day, not to exceed 25 percent of the total

10  receipts or expenditures, whichever if greater, for the period

11  covered by the late report. For reports required under s.

12  106.141(7), the fine is $50 per day for each late day, not to

13  exceed 25 percent of the total receipts or expenditures,

14  whichever is greater, for the period covered by the late

15  report. Upon receipt of the report, the filing officer shall

16  determine the amount of the fine which is due and shall notify

17  the candidate or chair.  The filing officer shall determine

18  the amount of the fine due based upon the earliest of the

19  following:

20         1.  When the report is actually received by such

21  officer.

22         2.  When the report is postmarked.

23         3.  When the certificate of mailing is dated.

24         4.  When the receipt from an established courier

25  company is dated.

26

27  Such fine shall be paid to the filing officer within 20 days

28  after receipt of the notice of payment due, unless appeal is

29  made to the Florida Elections Commission pursuant to paragraph

30  (c).  In the case of a candidate, such fine shall not be an

31  allowable campaign expenditure and shall be paid only from

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  1  personal funds of the candidate.  An officer or member of a

  2  political committee shall not be personally liable for such

  3  fine.

  4         Section 3.  Section 106.11, Florida Statutes, is

  5  amended to read:

  6         106.11  Expenses of and expenditures by candidates and

  7  political committees.--Each candidate and each political

  8  committee which designates a primary campaign depository

  9  pursuant to s. 106.021(1) shall make expenditures from funds

10  on deposit in such primary campaign depository only in the

11  following manner, with the exception of expenditures made from

12  petty cash funds provided by s. 106.12:

13         (1)(a)  The campaign treasurer or deputy campaign

14  treasurer of a candidate or political committee shall make

15  expenditures from funds on deposit in the primary campaign

16  depository only by means of a bank check drawn upon the

17  campaign account of the candidate or political committee. The

18  campaign account shall be separate from any personal or other

19  account and shall be used only for the purpose of depositing

20  contributions and making expenditures for the candidate or

21  political committee.

22         (b)  The checks for such account shall contain, as a

23  minimum, the following information:

24         1.(a)  The statement "Campaign Account of ...(name of

25  candidate or political committee)...."

26         2.(b)  The account number and the name of the bank.

27         3.(c)  The exact amount of the expenditure.

28         4.(d)  The signature of the campaign treasurer or

29  deputy treasurer.

30         5.(e)  The exact purpose for which the expenditure is

31  authorized.

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  1         6.(f)  The name of the payee.

  2         (2)(a)  For purposes of this section, debit cards are

  3  considered bank checks, if:

  4         1.  Debit cards are obtained from the same bank that

  5  has been designated as the candidate's or political

  6  committee's primary campaign depository.

  7         2.  Debit cards are issued in the name of the

  8  treasurer, deputy treasurer, or authorized user and state

  9  "Campaign Account of (name of candidate or political

10  committee)."

11         3.  No more than three debit cards are requested and

12  issued.

13         4.  Before a debit card is used, a list of all persons

14  authorized to use the card is filed with the division.

15         5.  All debit cards issued to a candidate's campaign or

16  a political committee expire no later than midnight of the

17  last day of the month of the general election.

18         6.  The person using the debit card does not receive

19  cash as part of, or independent of, any transaction for goods

20  or services.

21         7.  All receipts for debit card transactions contain:

22         a.  The last four digits of the debit card number.

23         b.  The exact amount of the expenditure.

24         c.  The name of the payee.

25         d.  The signature of the campaign treasurer, deputy

26  treasurer, or authorized user.

27         e.  The exact purpose for which the expenditure is

28  authorized.

29

30  Any information required by this subparagraph but not included

31  on the debit card transaction receipt may be handwritten on,

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  1  or attached to, the receipt by the authorized user before

  2  submission to the treasurer.

  3         (b)  Debit cards are not subject to the requirements of

  4  paragraph (1)(b).

  5         (3)(2)  The campaign treasurer, or deputy treasurer, or

  6  authorized user who signs the check shall be responsible for

  7  the completeness and accuracy of the information on such check

  8  and for insuring that such expenditure is an authorized

  9  expenditure.

10         (4)(3)  No candidate, campaign manager, treasurer,

11  deputy treasurer, or political committee or any officer or

12  agent thereof, or any person acting on behalf of any of the

13  foregoing, shall authorize any expenses, nor shall any

14  campaign treasurer or deputy treasurer sign a check drawn on

15  the primary campaign account for any purpose, unless there are

16  sufficient funds on deposit in the primary depository account

17  of the candidate or political committee to pay the full amount

18  of the authorized expense, to honor all other checks drawn on

19  such account, which checks are outstanding, and to meet all

20  expenses previously authorized but not yet paid. However, an

21  expense may be incurred for the purchase of goods or services

22  if there are sufficient funds on deposit in the primary

23  depository account to pay the full amount of the incurred

24  expense, to honor all checks drawn on such account, which

25  checks are outstanding, and to meet all other expenses

26  previously authorized but not yet paid, provided that payment

27  for such goods or services is made upon final delivery and

28  acceptance of the goods or services; and an expenditure from

29  petty cash pursuant to the provisions of s. 106.12 may be

30  authorized, if there is a sufficient amount of money in the

31  petty cash fund to pay for such expenditure.  Payment for

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  1  credit card purchases shall be made pursuant to s. 106.125.

  2  Any expense incurred or authorized in excess of such funds on

  3  deposit shall, in addition to other penalties provided by law,

  4  constitute a violation of this chapter.

  5         (5)(4)  A candidate who withdraws his or her candidacy,

  6  becomes an unopposed candidate, or is eliminated as a

  7  candidate or elected to office may expend funds from the

  8  campaign account to:

  9         (a)  Purchase "thank you" advertising for up to 75 days

10  after he or she withdraws, becomes unopposed, or is eliminated

11  or elected.

12         (b)  Pay for items which were obligated before he or

13  she withdrew, became unopposed, or was eliminated or elected.

14         (c)  Pay for expenditures necessary to close down the

15  campaign office and to prepare final campaign reports.

16         (d)  Dispose of surplus funds as provided in s.

17  106.141.

18         Section 4.  Subsection (3) of section 106.12, Florida

19  Statutes, is amended to read:

20         106.12  Petty cash funds allowed.--

21         (3)  The petty cash fund so provided shall be spent

22  only in amounts less than $100 $30 and only for office

23  supplies, transportation expenses, and other necessities.

24  Petty cash shall not be used for the purchase of time, space,

25  or services from communications media as defined in s.

26  106.011(13).

27         Section 5.  Subsections (5) and (7) of section 106.141,

28  Florida Statutes, are amended to read:

29         106.141  Disposition of surplus funds by candidates.--

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

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

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  1  unopposed may, in addition to the disposition methods provided

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

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

  4  campaign account up to:

  5         (a)  Twenty Ten thousand dollars, for a candidate for

  6  statewide office.  The Governor and Lieutenant Governor shall

  7  be considered separate candidates for the purpose of this

  8  section.

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

10  multicounty office.

11         (c)  Five Two thousand five hundred dollars multiplied

12  by the number of years in the term of office for which

13  elected, for a candidate for legislative office.

14         (d)  Two One thousand five hundred dollars multiplied

15  by the number of years in the term of office for which

16  elected, for a candidate for county office or for a candidate

17  in any election conducted on less than a countywide basis.

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

19  retention as a justice of the Supreme Court.

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

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

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

23  for county court judge or circuit judge.

24

25  The office account established pursuant to this subsection

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

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

28  legitimate expenses in connection with the candidate's public

29  office.  Such expenses may include travel expenses incurred by

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

31  office account funds by the candidate or elected public

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

  2  office, including the employment of additional staff. The

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

  4  deposits, withdrawals, and interest earned thereon shall be

  5  reported at the appropriate reporting period. If a candidate

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

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

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

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

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

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

12  subsection remaining on deposit shall give such funds to a

13  charitable organization or organizations which meet the

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

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

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

17  political subdivision, to the political subdivision to be

18  deposited in the general fund thereof.

19         (7)(a)  Any candidate required to dispose of campaign

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

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

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

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

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

25  listing:

26         1.(a)  The name and address of each person or unit of

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

28  amounts thereof;

29         2.(b)  The name and address of each person to whom an

30  expenditure was made, together with the amount thereof and

31  purpose therefor; and

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  1         3.(c)  The amount of such funds transferred to an

  2  office account by the candidate, together with the name and

  3  address of the bank in which the office account is located.

  4

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

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

  7  106.07.

  8         (b)  The filing officer shall notify each candidate at

  9  least 14 days before the date the report is due.

10         (c)  Any candidate failing to file a report on the

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

12  s. 106.07 for submitting late termination reports.

13         Section 6.  Section 106.1437, Florida Statutes, is

14  amended to read:

15         106.1437  Miscellaneous advertisements.--

16         (1)  As used in this section, the terms:

17         (a)  "Electioneering advertisement" means a paid

18  expression in any communications media prescribed in s.

19  106.011(13) published on the day of any election or any of the

20  the preceding 29 days which names or depicts a candidate for

21  office in that election or which references a clearly

22  identifiable ballot measure in that election. Any

23  advertisement that qualifies as an independent expenditure

24  pursuant to s. 106.011(5) or a political advertisement

25  pursuant to s. 106.011(17) is not an electioneering

26  advertisement for purposes of this section.

27         (b)  "Contribution" means:

28         1.  A gift, subscription, conveyance, deposit, loan,

29  payment, or distribution of money or anything of value,

30  including contributions in kind having an attributable

31

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  1  monetary value in any form, made for the purpose of funding or

  2  sponsoring an electioneering advertisement.

  3         2.  A transfer of funds between a political committee

  4  or a committee or continuous existence and a person funding or

  5  sponsoring an electioneering advertisement.

  6         3.  The payment, by any person other than a candidate

  7  or political committee, of compensation for the personal

  8  services of another person which are rendered to a person

  9  funding or sponsoring an electioneering advertisement.

10         (c)  "Expenditure" means a purchase, payment,

11  distribution, loan, advance, or gift of money or anything of

12  value made for the purpose of funding or sponsoring an

13  electioneering advertisement. However, the term does not

14  include a purchase, payment, distribution, loan, advance, or

15  gift of money or anything of value made for the purpose of

16  funding or sponsoring an electioneering advertisement when

17  made by an organization, in existence prior to the time during

18  which a candidate qualifies or a ballot measure is placed on

19  the ballot for that election, for the purpose of printing or

20  distributing such organization's newsletter, containing a

21  statement by such organization in support of or opposition to

22  a candidate or ballot measure, which newsletter is distributed

23  only to members of such organization.

24         (2)  Each person that sponsors or funds an

25  electioneering advertisement must file regular reports of all

26  contributions received and all expenditures made by such

27  person with the same officer as a political committee

28  supporting or opposing the candidate named or depicted or the

29  ballot measure referenced in the advertisement. Such reports

30  must contain the same information and are subject to the same

31

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  1  filing requirements as reports required of candidates in s.

  2  106.07.

  3         (3)(a)  If the initial publication of the

  4  electioneering advertisement occurs after the final regular

  5  report is due under subsection (2) but prior to the closing of

  6  the polls on election day, the person funding or sponsoring

  7  the advertisement must file a report electronically with the

  8  division no later than 1 hour after the initial publication of

  9  the advertisement. The report must contain the same

10  information as required of a candidate by s. 106.07(4). Upon

11  receipt of the filing, the division shall electronically

12  transmit a confirmation of receipt to the person filing the

13  report. If the person is unable to file electronically for any

14  reason, a written report containing the required information

15  may be faxed or hand delivered to the division no later than 1

16  hour after the initial publication of the advertisement.

17  However, if a report due to be filed under this paragraph on a

18  Saturday, Sunday, or legal holiday cannot be electronically

19  filed because of problems with Internet communications, the

20  report must be filed either electronically, by facsimile, or

21  by hand delivery with the division no later than 10 a.m. on

22  the next business day.

23         (b)  The division shall adopt rules providing for

24  electronic filing which must, at a minimum, provide that:

25         1.  The division develop an electronic filing system

26  using the Internet or other on-line technologies; and

27         2.  The system be reasonably secure and be designed to

28  elicit the name, address, birthdate, and any other information

29  necessary to authenticate the identity of the person

30  submitting the report.

31

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  1         (c)  Information filed with the division pursuant to

  2  this subsection must also be included on the next regular

  3  report required under subsection (2).

  4         (4)(a)  The following persons shall be responsible for

  5  filing the reports required in subsections (2) and (3), shall

  6  certify as to the correctness of each report, and shall bear

  7  the responsibility for the accuracy and veracity of each

  8  report:

  9         1.  The candidate and his or her campaign treasurer, if

10  the person funding or sponsoring the electioneering

11  advertisement is a candidate.

12         2.  The committee chair and treasurer of the committee,

13  if the person funding or sponsoring the electioneering

14  advertisement is a political committee, committee of

15  continuous existence, or executive committee of a political

16  party;

17         3.  The individual, if the person funding or sponsoring

18  the electioneering advertisement is a natural person who is

19  not a candidate; or

20         4.  An individual designated by the organization, if

21  the person funding or sponsoring the electioneering

22  advertisement is a group other than a political committee,

23  committee of continuous existence, or executive committee of a

24  political party. The name, address, and title of the

25  designated individual must be filed with the division in

26  writing prior to, or contemporaneous with, the filing of the

27  initial report.

28

29  Such a person is liable for violations of report filing

30  requirements to the same extent as candidates pursuant to ss.

31  106.07(5), 106.19 and 106.265.

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  1         (b)  In addition to the penalties prescribed in

  2  paragraph (a), the person funding or sponsoring an

  3  electioneering advertisement and the person responsible for

  4  reporting pursuant to this subsection shall be jointly and

  5  severally liable for late filing fines assessed by the Florida

  6  Elections Commission pursuant to s. 106.07(8). Any such person

  7  may appeal or dispute the fine in accordance with the

  8  provisions of s. 106.07(8)(c).

  9         (6)(a)  Any electioneering advertisement must

10  prominently state, "Paid advertisement paid for or sponsored

11  by ... (Name of person funding or sponsoring the

12  electioneering advertisement)...," followed by the address of

13  the person funding or sponsoring the advertisement.

14         (b)  The Florida Elections Commission is authorized

15  upon finding a violation of this subsection to impose a civil

16  penalty in the form of fines not to exceed $5,000 or the total

17  cost of the advertisements without the proper disclaimer,

18  whichever is greater. In determining the amount of the

19  penalty, the commission must consider any mitigating or

20  aggravating circumstances prescribed in s. 106.265. This

21  penalty shall substitute for the penalties provided in s.

22  106.265, shall be deposited into the General Revenue Fund of

23  the state, and, if necessary, shall be collected pursuant to

24  s. 106.265(2). Any advertisement, other than a political

25  advertisement, on billboards, bumper stickers, radio, or

26  television, or in a newspaper, a magazine, or a periodical,

27  intended to influence public policy or the vote of a public

28  official, shall clearly designate the sponsor of such

29  advertisement by including a clearly readable statement of

30  sponsorship.  If the advertisement is broadcast on television,

31  the advertisement shall also contain a verbal statement of

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  1  sponsorship.  This section shall not apply to an editorial

  2  endorsement.

  3         Section 7.  Subsection (3) of section 106.15, Florida

  4  Statutes, is amended to read:

  5         106.15  Certain acts prohibited.--

  6         (3)  A No candidate may not shall, in the furtherance

  7  of his or her candidacy for nomination or election to public

  8  office in any election, use the services of any state, county,

  9  municipal, or district officer or employee of the state during

10  working hours.

11         Section 8.  Subsection (1) of section 106.19, Florida

12  Statutes, is amended to read:

13         106.19  Violations by candidates, persons connected

14  with campaigns, and political committees.--

15         (1)  Any candidate; campaign manager, campaign

16  treasurer, or deputy treasurer of any candidate; committee

17  chair, vice chair, campaign treasurer, deputy treasurer, or

18  other officer of any political committee; agent or person

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

20  other person who knowingly and willfully:

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

22  prescribed  by s. 106.08;

23         (b)  Fails to report any contribution required to be

24  reported by this chapter;

25         (c)  Falsely reports or deliberately fails to include

26  any information required by this chapter; or

27         (d)  Makes or authorizes any expenditure in violation

28  of s. 106.11(4) s. 106.11(3) or any other expenditure

29  prohibited by this chapter;

30

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    Florida Senate - 2002             CS for SB's 1842, 1124 & 498
    313-1950-02




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

  2  provided in s. 775.082 or  s. 775.083.

  3         Section 9.  If any provision of this act or its

  4  application to any person or circumstance is held invalid, the

  5  invalidity does not affect other provisions or applications of

  6  the act which can be given effect without the invalid

  7  provision or application, and to this end the provisions of

  8  this act are severable.

  9         Section 10.  This act shall take effect July 1, 2002.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                 Senate Bills 1842, 1124 and 498

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14  The committee substitute differs from the original three bills
    in that it: combines and modifies several sections of the
15  bills dealing with issue advocacy advertisements, and locates
    them in an existing, single section of Florida law entitled
16  "Miscellaneous Advertisements"; increases the amount of
    surplus funds that certain candidates can contribute to an
17  office account; and increases the petty cash amount that a
    campaign can spend on a single transaction from $50 to $100.
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