SENATE AMENDMENT
    Bill No. CS for SB 1500
    Amendment No. ___   Barcode 420276
                            CHAMBER ACTION
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11  Senator Lee moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 50, line 20, to page 80, line 20, delete those
15  lines
16  
17  and insert:  
18         Section 25.  Effective upon this act becoming a law,
19  section 99.103, Florida Statutes, is amended to read:
20         99.103  Department of State to remit part of filing
21  fees and party assessments of candidates to state executive
22  committee and leadership funds.--
23         (1)  Except as provided in subsection (2), if more than
24  three-fourths of the full authorized membership of the state
25  executive committee of any party was elected at the last
26  previous election for such members and if such party is
27  declared by the Department of State to have recorded on the
28  registration books of the counties, as of the first Tuesday
29  after the first Monday in January prior to the first primary
30  in general election years, 5 percent of the total registration
31  of such counties when added together, such committee shall
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    5:42 PM   04/24/03                               s1500.ee10.03

SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 receive, for the purpose of meeting its expenses, all filing 2 fees collected by the Department of State from its candidates 3 less an amount equal to 15 percent of the filing fees, which 4 amount the Department of State shall deposit in the General 5 Revenue Fund of the state. 6 (2) For state legislative candidates, the leadership 7 fund of the political party of the house to which the 8 candidate seeks office, provided such leadership fund exists, 9 shall receive all filing fees collected by the Department of 10 State from such candidates less an amount equal to 15 percent 11 of the filing fees, which amount the Department of State shall 12 deposit in the General Revenue Fund of the state. 13 (3)(2) Not later than 20 days after the close of 14 qualifying in even-numbered years, the Department of State 15 shall remit 95 percent of all filing fees, less the amount 16 deposited in general revenue pursuant to subsection (1), or 17 party assessments that may have been collected by the 18 department to the respective state executive committees of the 19 parties complying with subsection (1) or leadership fund as 20 provided in subsection (2). Party assessments collected by 21 the Department of State shall be remitted to the appropriate 22 leadership fund or state executive committee, irrespective of 23 other requirements of this section, provided such committee is 24 duly organized under the provisions of chapter 103. The 25 remainder of filing fees or party assessments collected by the 26 Department of State shall be remitted to the appropriate 27 leadership fund or state executive committees not later than 28 the date of the first primary. 29 Section 26. Effective upon becoming a law, subsection 30 (1) of section 99.092, Florida Statutes, is amended to read: 31 99.092 Qualifying fee of candidate; notification of 2 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 Department of State.-- 2 (1) Each person seeking to qualify for nomination or 3 election to any office, except a person seeking to qualify by 4 the alternative method pursuant to s. 99.095, s. 99.0955, or 5 s. 99.096 and except a person seeking to qualify as a write-in 6 candidate, shall pay a qualifying fee, which shall consist of 7 a filing fee and election assessment, to the officer with whom 8 the person qualifies, and any party assessment levied, and 9 shall attach the original or signed duplicate of the receipt 10 for his or her party assessment or pay the same, in accordance 11 with the provisions of s. 103.121, at the time of filing his 12 or her other qualifying papers. The amount of the filing fee 13 is 3 percent of the annual salary of the office. The amount 14 of the election assessment is 1 percent of the annual salary 15 of the office sought. The election assessment shall be 16 deposited into the Elections Commission Trust Fund. The 17 amount of the party assessment is 2 percent of the annual 18 salary. The annual salary of the office for purposes of 19 computing the filing fee, election assessment, and party 20 assessment shall be computed by multiplying 12 times the 21 monthly salary, excluding any special qualification pay, 22 authorized for such office as of July 1 immediately preceding 23 the first day of qualifying. No qualifying fee shall be 24 returned to the candidate unless the candidate withdraws his 25 or her candidacy before the last date to qualify. If a 26 candidate dies prior to an election and has not withdrawn his 27 or her candidacy before the last date to qualify, the 28 candidate's qualifying fee shall be returned to his or her 29 designated beneficiary, and, if the filing fee or any portion 30 thereof has been transferred to the political party of the 31 candidate or any leadership fund thereof, the Secretary of 3 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 State shall direct the party or leadership fund to return that 2 portion to the designated beneficiary of the candidate. 3 (2) The supervisor of elections shall, immediately 4 after the last day for qualifying, submit to the Department of 5 State a list containing the names, party affiliations, and 6 addresses of all candidates and the offices for which they 7 qualified. 8 Section 27. Effective upon this act becoming a law, 9 subsections (1), (5), and (8) of section 106.011, Florida 10 Statutes, are amended to read: 11 106.011 Definitions.--As used in this chapter, the 12 following terms have the following meanings unless the context 13 clearly indicates otherwise: 14 (1)(a) "Political committee" means: 15 1. A combination of two or more individuals, or a 16 person other than an individual, that, in an aggregate amount 17 in excess of $500 during a single calendar year: 18 a. Accepts contributions for the purpose of making 19 contributions to any candidate, political committee, committee 20 of continuous existence, leadership fund, or political party; 21 b. Accepts contributions for the purpose of expressly 22 advocating the election or defeat of a candidate or the 23 passage or defeat of an issue; 24 c. Makes expenditures that expressly advocate the 25 election or defeat of a candidate or the passage or defeat of 26 an issue; or 27 d. Makes contributions to a common fund, other than a 28 joint checking account between spouses, from which 29 contributions are made to any candidate, political committee, 30 committee of continuous existence, leadership fund, or 31 political party. 4 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 2. The sponsor of a proposed constitutional amendment 2 by initiative who intends to seek the signatures of registered 3 electors. 4 (b) Notwithstanding paragraph (a), the following 5 entities are not considered political committees for purposes 6 of this chapter: 7 1. Organizations which are certified by the Department 8 of State as committees of continuous existence pursuant to s. 9 106.04, leadership funds, national political parties, and the 10 state and county executive committees of political parties 11 regulated by chapter 103. 12 2. Corporations regulated by chapter 607 or chapter 13 617 or other business entities formed for purposes other than 14 to support or oppose issues or candidates, if their political 15 activities are limited to contributions to candidates, 16 political parties, leadership funds, or political committees 17 or expenditures in support of or opposition to an issue from 18 corporate or business funds and if no contributions are 19 received by such corporations or business entities. 20 (5)(a) "Independent expenditure" means an expenditure 21 by a person for the purpose of advocating the election or 22 defeat of a candidate or the approval or rejection of an 23 issue, which expenditure is not controlled by, coordinated 24 with, or made upon consultation with, any candidate, political 25 committee, or agent of such candidate or committee. An 26 expenditure for such purpose by a person having a contract 27 with the candidate, political committee, or agent of such 28 candidate or committee in a given election period shall not be 29 deemed an independent expenditure. 30 (b) An expenditure for the purpose of advocating the 31 election or defeat of a candidate which is made by the 5 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 national, state, or county executive committee of a political 2 party, including any subordinate committee of a national, 3 state, or county committee of a political party, by a 4 leadership fund, or by any political committee or committee of 5 continuous existence, or any other person, shall not be 6 considered an independent expenditure if the committee or 7 person: 8 1. Communicates with the candidate, the candidate's 9 campaign, or an agent of the candidate acting on behalf of the 10 candidate, including any pollster, media consultant, 11 advertising agency, vendor, advisor, or staff member, 12 concerning the preparation of, use of, or payment for, the 13 specific expenditure or advertising campaign at issue; or 14 2. Makes a payment in cooperation, consultation, or 15 concert with, at the request or suggestion of, or pursuant to 16 any general or particular understanding with the candidate, 17 the candidate's campaign, a political committee supporting the 18 candidate, or an agent of the candidate relating to the 19 specific expenditure or advertising campaign at issue; or 20 3. Makes a payment for the dissemination, 21 distribution, or republication, in whole or in part, of any 22 broadcast or any written, graphic, or other form of campaign 23 material prepared by the candidate, the candidate's campaign, 24 or an agent of the candidate, including any pollster, media 25 consultant, advertising agency, vendor, advisor, or staff 26 member; or 27 4. Makes a payment based on information about the 28 candidate's plans, projects, or needs communicated to a member 29 of the committee or person by the candidate or an agent of the 30 candidate, provided the committee or person uses the 31 information in any way, in whole or in part, either directly 6 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 or indirectly, to design, prepare, or pay for the specific 2 expenditure or advertising campaign at issue; or 3 5. After the last day of qualifying for statewide or 4 legislative office, consults about the candidate's plans, 5 projects, or needs in connection with the candidate's pursuit 6 of election to office and the information is used in any way 7 to plan, create, design, or prepare an independent expenditure 8 or advertising campaign, with: 9 a. Any officer, director, employee, or agent of a 10 leadership fund, including a leader, or a national, state, or 11 county executive committee of a political party that has made 12 or intends to make expenditures in connection with or 13 contributions to the candidate; or 14 b. Any person whose professional services have been 15 retained by a leadership fund or a national, state, or county 16 executive committee of a political party that has made or 17 intends to make expenditures in connection with or 18 contributions to the candidate; or 19 6. After the last day of qualifying for statewide or 20 legislative office, retains the professional services of any 21 person also providing those services to the candidate in 22 connection with the candidate's pursuit of election to office; 23 or 24 7. Arranges, coordinates, or directs the expenditure, 25 in any way, with the candidate or an agent of the candidate. 26 (8) "Person" means an individual or a corporation, 27 association, firm, partnership, joint venture, joint stock 28 company, club, organization, estate, trust, business trust, 29 syndicate, or other combination of individuals having 30 collective capacity. The term includes a leadership fund, 31 political party, political committee, or committee of 7 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 continuous existence. 2 Section 28. Effective upon this act becoming a law, 3 subsection (3) of section 106.021, Florida Statutes, is 4 amended to read: 5 106.021 Campaign treasurers; deputies; primary and 6 secondary depositories.-- 7 (3) Except for independent expenditures, no 8 contribution or expenditure, including contributions or 9 expenditures of a candidate or of the candidate's family, 10 shall be directly or indirectly made or received in 11 furtherance of the candidacy of any person for nomination or 12 election to political office in the state or on behalf of any 13 political committee except through the duly appointed campaign 14 treasurer of the candidate or political committee; however, a 15 candidate or any other individual may be reimbursed for 16 expenses incurred for travel, food and beverage, office 17 supplies, and mementos expressing gratitude to campaign 18 supporters by a check drawn upon the campaign account and 19 reported pursuant to s. 106.07(4). In addition, expenditures 20 may be made directly by any political committee, leadership 21 fund, or political party regulated by chapter 103 for 22 obtaining time, space, or services in or by any communications 23 medium for the purpose of jointly endorsing three or more 24 candidates, and any such expenditure shall not be considered a 25 contribution or expenditure to or on behalf of any such 26 candidates for the purposes of this chapter. 27 Section 29. Effective upon this act becoming a law, 28 section 106.025, Florida Statutes, is amended to read: 29 106.025 Campaign fund raisers.-- 30 (1)(a) No campaign fund raiser may be held unless the 31 person for whom such funds are to be so used is a candidate 8 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 for public office. 2 (b) All money and contributions received with respect 3 to such a campaign fund raiser shall be deemed to be campaign 4 contributions, and shall be accounted for, and subject to the 5 same restrictions, as other campaign contributions. All 6 expenditures made with respect to such a campaign fund raiser 7 which are made or reimbursed by a check drawn on the campaign 8 depository of the candidate for whom the funds are to be used 9 and shall be deemed to be campaign expenditures to be 10 accounted for, and subject to the same restrictions, as other 11 campaign expenditures. 12 (c) Any tickets or advertising for such a campaign 13 fund raiser shall contain the following statement: "The 14 purchase of a ticket for, or a contribution to, the campaign 15 fund raiser is a contribution to the campaign of ...(name of 16 the candidate for whose benefit the campaign fund raiser is 17 held)...." Such tickets or advertising shall also comply with 18 other provisions of this chapter relating to political 19 advertising. 20 (d) Any person or candidate who holds a campaign fund 21 raiser, or consents to a campaign fund raiser being held, in 22 violation of the provisions of this subsection is guilty of a 23 misdemeanor of the first degree, punishable as provided in s. 24 775.082 or s. 775.083. 25 (2) This section shall not apply to any campaign fund 26 raiser held on behalf of a leadership fund by the leader or on 27 behalf of a political party by the state or county executive 28 committee of such party, provided that the proceeds of such 29 campaign fund raiser are reported pursuant to s. 106.29. 30 Section 30. Effective upon this act becoming a law, 31 subsections (1) and (4) of section 106.04, Florida Statutes, 9 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 are amended to read: 2 106.04 Committees of continuous existence.-- 3 (1) In order to qualify as a committee of continuous 4 existence for the purposes of this chapter, a group, 5 organization, association, or other such entity that which is 6 involved in making contributions to candidates, political 7 committees, leadership funds, or political parties, shall meet 8 the following criteria: 9 (a) It shall be organized and operated in accordance 10 with a written charter or set of bylaws which contains 11 procedures for the election of officers and directors and 12 which clearly defines membership in the organization; and 13 (b) At least 25 percent of the income of such 14 organization, excluding interest, must be derived from dues or 15 assessments payable on a regular basis by its membership 16 pursuant to provisions contained in the charter or bylaws. 17 (4)(a) Each committee of continuous existence shall 18 file an annual report with the Division of Elections during 19 the month of January. Such annual reports shall contain the 20 same information and shall be accompanied by the same 21 materials as original applications filed pursuant to 22 subsection (2). However, the charter or bylaws need not be 23 filed if the annual report is accompanied by a sworn statement 24 by the chair that no changes have been made to such charter or 25 bylaws since the last filing. 26 (b)1. Each committee of continuous existence shall 27 file regular reports with the Division of Elections at the 28 same times and subject to the same filing conditions as are 29 established by s. 106.07(1) and (2) for candidates' reports. 30 2. Any committee of continuous existence failing to so 31 file a report with the Division of Elections pursuant to this 10 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 paragraph on the designated due date shall be subject to a 2 fine for late filing as provided by this section. 3 (c) All committees of continuous existence shall file 4 the original and one copy of their reports with the Division 5 of Elections. In addition, a duplicate copy of each report 6 shall be filed with the supervisor of elections in the county 7 in which the committee maintains its books and records, except 8 that if the filing officer to whom the committee is required 9 to report is located in the same county as the supervisor no 10 such duplicate report is required to be filed with the 11 supervisor. Reports shall be on forms provided by the 12 division and shall contain the following information: 13 1. The full name, address, and occupation of each 14 person who has made one or more contributions to the committee 15 during the reporting period, together with the amounts and 16 dates of such contributions. For corporations, the report 17 must provide as clear a description as practicable of the 18 principal type of business conducted by the corporation. 19 However, if the contribution is $100 or less, the occupation 20 of the contributor or principal type of business need not be 21 listed. However, for any contributions which represent the 22 payment of dues by members in a fixed amount pursuant to the 23 schedule on file with the Division of Elections, only the 24 aggregate amount of such contributions need be listed, 25 together with the number of members paying such dues and the 26 amount of the membership dues. 27 2. The name and address of each political committee or 28 committee of continuous existence from which the reporting 29 committee received, or the name and address of each political 30 committee, committee of continuous existence, leadership fund, 31 or political party to which it made, any transfer of funds, 11 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 together with the amounts and dates of all transfers. 2 3. Any other receipt of funds not listed pursuant to 3 subparagraph 1. or subparagraph 2., including the sources and 4 amounts of all such funds. 5 4. The name and address of, and office sought by, each 6 candidate to whom the committee has made a contribution during 7 the reporting period, together with the amount and date of 8 each contribution. 9 (d) The treasurer of each committee shall certify as 10 to the correctness of each report and shall bear the 11 responsibility for its accuracy and veracity. Any treasurer 12 who willfully certifies to the correctness of a report while 13 knowing that such report is incorrect, false, or incomplete 14 commits a misdemeanor of the first degree, punishable as 15 provided in s. 775.082 or s. 775.083. 16 Section 31. Effective upon this act becoming a law, 17 section 106.08, Florida Statutes, is amended to read: 18 106.08 Contributions; limitations on.-- 19 (1)(a) Except for political parties, no person, 20 political committee, or committee of continuous existence may, 21 in any election, make contributions in excess of $500 to any 22 candidate for election to or retention in office or to any 23 political committee supporting or opposing one or more 24 candidates. Candidates for the offices of Governor and 25 Lieutenant Governor on the same ticket are considered a single 26 candidate for the purpose of this section. 27 (b)1. The contribution limits provided in this 28 subsection do not apply to contributions made by a state or 29 county executive committee of a political party regulated by 30 chapter 103, contributions made by leadership funds, or to 31 amounts contributed by a candidate to his or her own campaign. 12 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 2. Notwithstanding the limits provided in this 2 subsection, an unemancipated child under the age of 18 years 3 of age may not make a contribution in excess of $100 to any 4 candidate or to any political committee supporting one or more 5 candidates. 6 (c) The contribution limits of this subsection apply 7 to each election. For purposes of this subsection, the first 8 primary, second primary, and general election are separate 9 elections so long as the candidate is not an unopposed 10 candidate as defined in s. 106.011(15). However, for the 11 purpose of contribution limits with respect to candidates for 12 retention as a justice or judge, there is only one election, 13 which is the general election. With respect to candidates in a 14 circuit holding an election for circuit judge or in a county 15 holding an election for county court judge, there are only two 16 elections, which are the first primary election and general 17 election. 18 (2)(a) A candidate may not accept contributions from 19 national, state, or including any subordinate committee of a 20 national, state, or county committee of a political party, and 21 county executive committees of a political party, including 22 any subordinate committee of a national, state, or county 23 committee of a political party, or from leadership funds 24 pursuant to s. 106.295, which contributions in the aggregate 25 exceed $50,000, no more than $25,000 of which may be accepted 26 prior to the 28-day period immediately preceding the date of 27 the general election. 28 (b) Polling services, research services, costs for 29 campaign staff, professional consulting services, and 30 telephone calls are not contributions to be counted toward the 31 contribution limits of paragraph (a). Any item not expressly 13 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 identified in this paragraph as nonallocable is a contribution 2 in an amount equal to the fair market value of the item and 3 must be counted as allocable toward the $50,000 contribution 4 limits of paragraph (a). Nonallocable, in-kind contributions 5 must be reported by the candidate under s. 106.07 and by the 6 political party and leadership fund under s. 106.29. 7 (3)(a) Any contribution received by a candidate with 8 opposition in an election or by the campaign treasurer or a 9 deputy campaign treasurer of such a candidate on the day of 10 that election or less than 5 days prior to the day of that 11 election must be returned by him or her to the person or 12 committee contributing it and may not be used or expended by 13 or on behalf of the candidate. 14 (b) Except as otherwise provided in paragraph (c), any 15 contribution received by a candidate or by the campaign 16 treasurer or a deputy campaign treasurer of a candidate after 17 the date at which the candidate withdraws his or her 18 candidacy, or after the date the candidate is defeated, 19 becomes unopposed, or is elected to office must be returned to 20 the person or committee contributing it and may not be used or 21 expended by or on behalf of the candidate. 22 (c) With respect to any campaign for an office in 23 which an independent or minor party candidate has filed as 24 required in s. 99.0955 or s. 99.096, but whose qualification 25 is pending a determination by the Department of State or 26 supervisor of elections as to whether or not the required 27 number of petition signatures was obtained: 28 1. The department or supervisor shall, no later than 3 29 days after that determination has been made, notify in writing 30 all other candidates for that office of that determination. 31 2. Any contribution received by a candidate or the 14 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 campaign treasurer or deputy campaign treasurer of a candidate 2 after the candidate has been notified in writing by the 3 department or supervisor that he or she has become unopposed 4 as a result of an independent or minor party candidate failing 5 to obtain the required number of petition signatures shall be 6 returned to the person, political committee, or committee of 7 continuous existence contributing it and shall not be used or 8 expended by or on behalf of the candidate. 9 (4) Any contribution received by the chair, campaign 10 treasurer, or deputy campaign treasurer of a political 11 committee supporting or opposing a candidate with opposition 12 in an election or supporting or opposing an issue on the 13 ballot in an election on the day of that election or less than 14 5 days prior to the day of that election may not be obligated 15 or expended by the committee until after the date of the 16 election. 17 (5)(a) Except for contributions from leadership funds, 18 a person may not make any contribution through or in the name 19 of another, directly or indirectly, in any election. 20 (b) Candidates, political committees, leadership 21 funds, and political parties may not solicit contributions 22 from any religious, charitable, civic, or other causes or 23 organizations established primarily for the public good. 24 (c) Candidates, political committees, leadership 25 funds, and political parties may not make contributions, in 26 exchange for political support, to any religious, charitable, 27 civic, or other cause or organization established primarily 28 for the public good. It is not a violation of this paragraph 29 for: 30 1. A candidate, political committee, leadership fund, 31 or political party executive committee to make gifts of money 15 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 in lieu of flowers in memory of a deceased person; 2 2. A candidate to continue membership in, or make 3 regular donations from personal or business funds to, 4 religious, political party, civic, or charitable groups of 5 which the candidate is a member or to which the candidate has 6 been a regular donor for more than 6 months; or 7 3. A candidate to purchase, with campaign funds, 8 tickets, admission to events, or advertisements from 9 religious, civic, political party, or charitable groups. 10 (6) A political party or leadership fund may not 11 accept any contribution which has been specifically designated 12 for the partial or exclusive use of a particular candidate. 13 Any contribution so designated must be returned to the 14 contributor and may not be used or expended by or on behalf of 15 the candidate. 16 (7)(a) Any person who knowingly and willfully makes no 17 more than one contribution in violation of subsection (1) or 18 subsection (5), or any person who knowingly and willfully 19 fails or refuses to return any contribution as required in 20 subsection (3), commits a misdemeanor of the first degree, 21 punishable as provided in s. 775.082 or s. 775.083. If any 22 corporation, partnership, or other business entity or any 23 political party, political committee, or committee of 24 continuous existence is convicted of knowingly and willfully 25 violating any provision punishable under this paragraph, it 26 shall be fined not less than $1,000 and not more than $10,000. 27 If it is a domestic entity, it may be ordered dissolved by a 28 court of competent jurisdiction; if it is a foreign or 29 nonresident business entity, its right to do business in this 30 state may be forfeited. Any officer, partner, agent, 31 attorney, or other representative of a corporation, 16 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 partnership, or other business entity or of a political party, 2 political committee, or committee of continuous existence who 3 aids, abets, advises, or participates in a violation of any 4 provision punishable under this paragraph commits a 5 misdemeanor of the first degree, punishable as provided in s. 6 775.082 or s. 775.083. 7 (b) Any person who knowingly and willfully makes two 8 or more contributions in violation of subsection (1) or 9 subsection (5) commits a felony of the third degree, 10 punishable as provided in s. 775.082, s. 775.083, or s. 11 775.084. If any corporation, partnership, or other business 12 entity or any political party, political committee, or 13 committee of continuous existence is convicted of knowingly 14 and willfully violating any provision punishable under this 15 paragraph, it shall be fined not less than $10,000 and not 16 more than $50,000. If it is a domestic entity, it may be 17 ordered dissolved by a court of competent jurisdiction; if it 18 is a foreign or nonresident business entity, its right to do 19 business in this state may be forfeited. Any officer, 20 partner, agent, attorney, or other representative of a 21 corporation, partnership, or other business entity, or of a 22 political committee, committee of continuous existence, or 23 political party who aids, abets, advises, or participates in a 24 violation of any provision punishable under this paragraph 25 commits a felony of the third degree, punishable as provided 26 in s. 775.082, s. 775.083, or s. 775.084. 27 (8) Except when otherwise provided in subsection (7), 28 any person who knowingly and willfully violates any provision 29 of this section shall, in addition to any other penalty 30 prescribed by this chapter, pay to the state a sum equal to 31 twice the amount contributed in violation of this chapter. 17 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 Each campaign treasurer shall pay all amounts contributed in 2 violation of this section to the state for deposit in the 3 General Revenue Fund. 4 (9) A leader who is also a candidate for any office 5 other than an office in the house in which the candidate 6 serves as leader, shall not make contributions from his or 7 her own leadership funds to support his or her own candidacy. 8 (10)(9) This section does not apply to the transfer of 9 funds between a primary campaign depository or primary 10 leadership depository and a savings account or certificate of 11 deposit or to any interest earned on such account or 12 certificate. 13 Section 32. Effective upon this act becoming a law, 14 subsection (3) of section 106.147, Florida Statutes, is 15 amended to read: 16 106.147 Telephone solicitation; disclosure 17 requirements; prohibitions; exemptions; penalties.-- 18 (3)(a) Any person who willfully violates any provision 19 of this section commits a misdemeanor of the first degree, 20 punishable as provided in s. 775.082 or s. 775.083. 21 (b) For purposes of paragraph (a), the term "person" 22 includes any candidate; any officer of any political 23 committee, committee of continuous existence, or political 24 party executive committee; any officer, partner, attorney, or 25 other representative of a corporation, partnership, or other 26 business entity; and any agent or other person acting on 27 behalf of any candidate, political committee, committee of 28 continuous existence, leadership fund, political party 29 executive committee, or corporation, partnership, or other 30 business entity. 31 Section 33. Effective upon this act becoming a law, 18 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 section 106.148, Florida Statutes, is amended to read: 2 106.148 Disclosure of on-line computer 3 solicitation.--A message placed on an information system 4 accessible by computer by a candidate, leader expending 5 leadership funds, political party, political committee, or 6 committee of continuous existence, or an agent of any such 7 candidate, leadership fund, party, or committee, which message 8 is accessible by more than one person, other than an internal 9 communication of the leadership fund, party, committee, or 10 campaign, must include a statement disclosing all information 11 required of political advertisements under s. 106.143. 12 Section 34. Effective upon this act becoming a law, 13 section 106.17, Florida Statutes, is amended to read: 14 106.17 Polls and surveys relating to candidacies.--Any 15 candidate, political committee, leadership fund, or state or 16 county executive committee of a political party may authorize 17 or conduct a political poll, survey, index, or measurement of 18 any kind relating to candidacy for public office so long as 19 the candidate, political committee, leadership fund, or 20 political party maintains complete jurisdiction over the poll 21 in all its aspects. 22 Section 35. Effective upon this act becoming a law, 23 section 106.29, Florida Statutes, is amended to read: 24 106.29 Reports by political parties and leadership 25 funds; restrictions on contributions and expenditures; 26 penalties.-- 27 (1) The state executive committee of each political 28 party regulated by chapter 103, and each county executive 29 committee of each political party regulated by chapter 103, 30 and each leadership fund shall file regular reports of all 31 contributions received and all expenditures made by such 19 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 committee. Such reports shall contain the same information as 2 do reports required of candidates by s. 106.07 and shall be 3 filed on the 10th day following the end of each calendar 4 quarter, except that, during the period from the last day for 5 candidate qualifying until the general election, such reports 6 shall be filed on the Friday immediately preceding the first 7 primary election, the second primary election, and the general 8 election. Each state executive committee and each leader 9 shall file the original and one copy of its reports with the 10 Division of Elections. Each county executive committee shall 11 file its reports with the supervisor of elections in the 12 county in which such committee exists. Any state or county 13 executive committee or any leadership fund failing to file a 14 report on the designated due date shall be subject to a fine 15 as provided in subsection (3). No separate fine shall be 16 assessed for failure to file a copy of any report required by 17 this section. 18 (2)(a) The chair and treasurer of each state or county 19 executive committee, and the leader and treasurer of a 20 leadership fund, shall certify as to the correctness of each 21 report filed by them on behalf of such committee or leadership 22 fund. Any committee chair or treasurer, or any leader or 23 leadership fund treasurer, who certifies the correctness of 24 any report while knowing that such report is incorrect, false, 25 or incomplete commits a felony of the third degree, punishable 26 as provided in s. 775.082, s. 775.083, or s. 775.084. 27 (b) If two or more leaders successively operate the 28 same leadership fund during a single reporting period, each 29 must file a separate report pursuant to paragraph (a) for the 30 period that he or she operated the fund. 31 (3)(a) Any state or county executive committee, or any 20 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 leadership fund, failing to file a report on the designated 2 due date shall be subject to a fine as provided in paragraph 3 (b) for each late day. The fine shall be assessed by the 4 filing officer, or, in the case of a leadership fund, by the 5 division, and the moneys collected shall be deposited in the 6 Elections Commission Trust Fund. 7 (b) Upon determining that a state or county executive 8 committee report is late, the filing officer shall immediately 9 notify the chair of the executive committee as to the failure 10 to file a report by the designated due date and that a fine is 11 being assessed for each late day. Upon determining that a 12 leadership fund report is late, the division shall immediately 13 notify the leader as to the failure to file a report by the 14 designated due date and that a fine is being assessed for each 15 late day. The fine shall be $1,000 for a state executive 16 committee or leadership fund, and $50 for a county executive 17 committee, per day for each late day, not to exceed 25 percent 18 of the total receipts or expenditures, whichever is greater, 19 for the period covered by the late report. However, if an 20 executive committee or leadership fund fails to file a report 21 on the Friday immediately preceding the general election, the 22 fine shall be $10,000 per day for each day a state executive 23 committee or leadership fund is late and $500 per day for each 24 day a county executive committee is late. Upon receipt of the 25 report, the division or filing officer, as appropriate, shall 26 determine the amount of the fine which is due and shall notify 27 the committee chair or leader. The division or filing 28 officer, as appropriate, shall determine the amount of the 29 fine due based upon the earliest of the following: 30 1. When the report is actually received by such 31 officer. 21 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 2. When the report is postmarked. 2 3. When the certificate of mailing is dated. 3 4. When the receipt from an established courier 4 company is dated. 5 6 Such fine shall be paid to the division or filing officer, as 7 appropriate, within 20 days after receipt of the notice of 8 payment due, unless appeal is made to the Florida Elections 9 Commission pursuant to paragraph (c). An officer or member of 10 an executive committee or a leader shall not be personally 11 liable for such fine. 12 (c) The chair of an executive committee or a leader 13 may appeal or dispute the fine, based upon unusual 14 circumstances surrounding the failure to file on the 15 designated due date, and may request and shall be entitled to 16 a hearing before the Florida Elections Commission, which shall 17 have the authority to waive the fine in whole or in part. Any 18 such request shall be made within 20 days after receipt of the 19 notice of payment due. In such case, the chair of the 20 executive committee or the leader shall, within the 20-day 21 period, notify the division or filing officer, as appropriate, 22 in writing of his or her intention to bring the matter before 23 the commission. 24 (d) The division or the appropriate filing officer, as 25 appropriate, shall notify the Florida Elections Commission of 26 the repeated late filing by an executive committee or 27 leadership fund, the failure of an executive committee or 28 leadership fund to file a report after notice, or the failure 29 to pay the fine imposed. 30 (4) Any contribution received by a state or county 31 executive committee or a leadership fund less than 5 days 22 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 before an election shall not be used or expended in behalf of 2 any candidate, issue, or political party participating in such 3 election. 4 (5) No state or county executive committee nor any 5 leadership fund, in the furtherance of any candidate or 6 political party, directly or indirectly, shall give, pay, or 7 expend any money, give or pay anything of value, authorize any 8 expenditure, or become pecuniarily liable for any expenditure 9 prohibited by this chapter. However, the contribution of funds 10 by one executive committee to another or to established party 11 organizations for legitimate party or campaign purposes is not 12 prohibited, but all such contributions shall be recorded and 13 accounted for in the reports of the contributor and recipient. 14 Similarly, the contribution of funds by a national, state, or 15 county executive committee to a leadership fund or from a 16 leadership fund to such committee for legitimate party or 17 leadership purposes is not prohibited, but all such 18 contributions shall be recorded and accounted for in the 19 reports of the contributor and recipient required by state 20 law. 21 (6)(a) The national, state, and county executive 22 committees of a political party and leadership funds may not 23 contribute to any candidate any amount in excess of the limits 24 contained in s. 106.08(2), and all contributions required to 25 be reported under s. 106.08(2) by the national executive 26 committee of a political party shall be reported by the state 27 executive committee of that political party. 28 (b) A violation of the contribution limits contained 29 in s. 106.08(2) is a misdemeanor of the first degree, 30 punishable as provided in s. 775.082 or s. 775.083. A civil 31 penalty equal to three times the amount in excess of the 23 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 limits contained in s. 106.08(2) shall be assessed against any 2 executive committee or leadership fund found in violation 3 thereof. 4 (7) The division shall prescribe a form for reporting 5 leadership fund contributions and expenditures pursuant to 6 this section. 7 (8) Notwithstanding any other provisions of this 8 chapter, in any reporting period during which a leadership 9 fund has not received any contributions or made any reportable 10 expenditures, the filing of the report for that period shall 11 be waived. However, the next report filed must specify that 12 it covers the entire period between the last submitted report 13 and the report being filed. 14 Section 36. Effective upon this act becoming a law, 15 section 106.295, Florida Statutes, is amended to read: 16 106.295 Leadership fund.-- 17 (1) For purposes of this section: 18 (a) "Leadership fund" means accounts comprised of any 19 moneys contributed to a leader political party, directly or 20 indirectly, which are designated for deposit into a primary 21 leadership depository. Such funds may to be used at the 22 partial or total discretion of the a leader for any purpose on 23 which the state or county executive committee of a political 24 party could spend its funds, and also for the payment of 25 leadership expenses. 26 (b) "Leader" means the President of the Senate, the 27 Speaker of the House of Representatives, the majority leader 28 and the minority leader of each house, or any member 29 personally designated by the President of the Senate, the 30 Speaker of the House of Representatives, or such minority 31 leader, until such time as and any person designated by a 24 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 political caucus of members of either house formally 2 designates a successor to succeed to any such position who 3 shall, upon such designation, become the leader for purposes 4 of this chapter. 5 (2) A leader operating a leadership fund shall appoint 6 a fund treasurer and designate a primary leadership depository 7 for the purpose of depositing all contributions received and 8 disbursing all expenditures made by the fund. Except for 9 expenditures made from petty cash funds pursuant to subsection 10 (3), each leader and treasurer shall make expenditures from 11 funds on deposit in such primary leadership depository only by 12 means of a bank check or debit card, subject to the same 13 limitations governing primary campaign depositories as 14 provided in s. 106.11. 15 (3) A leadership fund treasurer may withdraw funds 16 from the primary leadership depository to establish a petty 17 cash fund in the same manner and subject to the same 18 limitations as apply to statewide candidates pursuant to s. 19 106.12. For purposes of applying this subsection, the term 20 "qualifying" in s. 106.12 shall refer to the period during 21 which state legislative candidates qualify with the Department 22 of State pursuant to chapter 99. 23 (4) A leadership fund treasurer shall keep the same 24 type of detailed accounts with regard to the leadership fund 25 as a campaign treasurer keeps for a candidate pursuant to s. 26 106.06, except that the leadership fund treasurer shall 27 preserve the accounts kept for 2 years. Accounts kept by the 28 leadership fund treasurer shall be open to inspection as 29 provided in s. 106.06. 30 (2) Leadership funds are prohibited in this state. No 31 leader shall accept any leadership funds. 25 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 (3) This section applies to leadership funds in 2 existence on or after January 1, 1990. 3 Section 37. Effective upon this act becoming a law, 4 subsection (3) of section 106.33, Florida Statutes, is amended 5 to read: 6 106.33 Election campaign financing; eligibility.--Each 7 candidate for the office of Governor or member of the Cabinet 8 who desires to receive contributions from the Election 9 Campaign Financing Trust Fund shall, upon qualifying for 10 office, file a request for such contributions with the filing 11 officer on forms provided by the Division of Elections. If a 12 candidate requesting contributions from the fund desires to 13 have such funds distributed by electronic fund transfers, the 14 request shall include information necessary to implement that 15 procedure. For the purposes of ss. 106.30-106.36, candidates 16 for Governor and Lieutenant Governor on the same ticket shall 17 be considered as a single candidate. To be eligible to 18 receive contributions from the fund, a candidate may not be an 19 unopposed candidate as defined in s. 106.011(15) and must: 20 (3) Limit loans or contributions from the candidate's 21 personal funds to $25,000 and contributions from leadership 22 funds and national, state, and county executive committees of 23 a political party to $25,000 in the aggregate, which loans or 24 contributions shall not qualify for meeting the threshold 25 amounts in subsection (2). 26 Section 38. Effective upon becoming a law, subsection 27 (2) of section 103.081, Florida Statutes, is amended to read: 28 103.081 Use of party name; political advertising.-- 29 (2) No person or group of persons shall use the name, 30 abbreviation, or symbol of any political party, the name, 31 abbreviation, or symbol of which is filed with the Department 26 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 of State, in connection with any club, group, association, or 2 organization of any kind unless approval and permission have 3 been given in writing by the state executive committee of such 4 party. This subsection shall not apply to county executive 5 committees of such parties, leadership funds where the leader 6 is a member of such party, and organizations which are 7 chartered by the national executive committee of the party the 8 name, abbreviation, or symbol of which is to be used, or to 9 organizations using the name of any political party which 10 organizations have been in existence and organized on a 11 statewide basis for a period of 10 years. 12 Section 39. Effective upon becoming a law, subsection 13 (1) of section 103.091, Florida Statutes, is amended to read: 14 103.091 Political parties.-- 15 (1)(a) Each political party of the state shall be 16 represented by a state executive committee. County executive 17 committees and other committees may be established in 18 accordance with the rules of the state executive committee. A 19 political party may provide for the selection of its national 20 committee and its state and county executive committees in 21 such manner as it deems proper. Unless otherwise provided by 22 party rule, the county executive committee of each political 23 party shall consist of at least two members, a man and a 24 woman, from each precinct, who shall be called the precinct 25 committeeman and committeewoman. For counties divided into 40 26 or more precincts, the state executive committee may adopt a 27 district unit of representation for such county executive 28 committees. Upon adoption of a district unit of 29 representation, the state executive committee shall request 30 the supervisor of elections of that county, with approval of 31 the board of county commissioners, to provide for election 27 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 districts as nearly equal in number of registered voters as 2 possible. Each county committeeman or committeewoman shall be 3 a resident of the precinct from which he or she is elected. 4 (b) There is created within each political party with 5 a "leader" as defined in s. 106.295, a leadership fund. Such 6 leadership fund, as provided for in s. 106.295, shall be an 7 instrumentality of the political party and function as a 8 subsidiary thereof pursuant to Chapter 106; however, it shall 9 not be subject to control, supervision, or direction of the 10 political party or any agent thereof, except for the leader 11 operating the leadership fund. 12 Section 40. Subsection (13) of section 106.011, 13 Florida Statutes, is amended to read: 14 106.011 Definitions.--As used in this chapter, the 15 following terms have the following meanings unless the context 16 clearly indicates otherwise: 17 (13) "Communications media" means broadcasting 18 stations, newspapers, magazines, outdoor advertising 19 facilities, printers, direct mailing companies, advertising 20 agencies, the Internet, and telephone companies; but with 21 respect to telephones, an expenditure shall be deemed to be an 22 expenditure for the use of communications media only if made 23 for the costs of telephones, paid telephonists, or automatic 24 telephone equipment to be used by a candidate or a political 25 committee to communicate with potential voters but excluding 26 any costs of telephones incurred by a volunteer for use of 27 telephones by such volunteer. 28 Section 41. Subsection (5) of section 106.11, Florida 29 Statutes, is amended to read: 30 106.11 Expenses of and expenditures by candidates and 31 political committees.--Each candidate and each political 28 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 committee which designates a primary campaign depository 2 pursuant to s. 106.021(1) shall make expenditures from funds 3 on deposit in such primary campaign depository only in the 4 following manner, with the exception of expenditures made from 5 petty cash funds provided by s. 106.12: 6 (5) A candidate who withdraws his or her candidacy, 7 becomes an unopposed candidate, or is eliminated as a 8 candidate or elected to office may expend funds from the 9 campaign account to: 10 (a) Purchase "thank you" advertising for up to 75 days 11 after he or she withdraws, becomes unopposed, or is eliminated 12 or elected. 13 (b) Pay for items which were obligated before he or 14 she withdrew, became unopposed, or was eliminated or elected. 15 (c) Pay for expenditures necessary to close down the 16 campaign office and to prepare final campaign reports. 17 (d) Dispose of surplus funds as provided in s. 18 106.141. 19 Section 42. Subsection (1) of section 106.141, Florida 20 Statutes, is amended to read: 21 106.141 Disposition of surplus funds by candidates.-- 22 (1) Each candidate who withdraws his or her candidacy, 23 becomes an unopposed candidate, or is eliminated as a 24 candidate, or is elected to office shall, no later than 90 25 days after such withdrawal, elimination, or election within 90 26 days, dispose of the funds on deposit in his or her campaign 27 account and file a report reflecting the disposition of all 28 remaining funds. Such candidate shall not accept any 29 contributions, nor shall any person accept contributions on 30 behalf of such candidate, after the candidate withdraws his or 31 her candidacy, becomes an unopposed candidate, or is 29 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 eliminated or elected. However, if a candidate receives a 2 refund check after all surplus funds have been disposed of, 3 the check may be endorsed by the candidate and the refund 4 disposed of under this section. An amended report must be 5 filed showing the refund and subsequent disposition. 6 Section 43. Section 106.1433, Florida Statutes, is 7 created to read: 8 106.1433 Florida Advertising campaign exposure; 9 electioneering advertisements; requirements.-- 10 (1) As used in this section, the term: 11 (a) "Electioneering advertisement" means a paid 12 expression in any communications media prescribed in s. 13 106.011(13) published on the day of any election or any of the 14 the preceding 29 days which names or depicts a candidate for 15 office in that election or which references a clearly 16 identifiable ballot measure in that election. Any 17 advertisement that qualifies as an independent expenditure 18 pursuant to s. 106.011(5) or a political advertisement 19 pursuant to s. 106.011(17) is not an electioneering 20 advertisement for purposes of this section. However, the term 21 does not include: 22 1. A statement or depiction by an organization, in 23 existence prior to the time during which the candidate named 24 or depicted qualifies or the issue clearly-referenced is 25 placed on the ballot for that election, made in that 26 organization's newsletter, which newsletter is distributed 27 only to members of that organization. 28 2. An editorial endorsement by any newspaper, radio, 29 or television station or other recognized news medium. 30 (b) "Contribution" means: 31 1. A gift, subscription, conveyance, deposit, loan, 30 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 payment, or distribution of money or anything of value, 2 including contributions in kind having an attributable 3 monetary value in any form, made for the purpose of funding or 4 sponsoring an electioneering advertisement. 5 2. A transfer of funds between a political committee 6 or a committee or continuous existence and a person funding or 7 sponsoring an electioneering advertisement. 8 3. The payment, by any person other than a candidate 9 or political committee, of compensation for the personal 10 services of another person which are rendered to a person 11 funding or sponsoring an electioneering advertisement. 12 (c) "Expenditure" means a purchase, payment, 13 distribution, loan, advance, or gift of money or anything of 14 value made for the purpose of funding or sponsoring an 15 electioneering advertisement. However, the term does not 16 include a purchase, payment, distribution, loan, advance, or 17 gift of money or anything of value made for the purpose of 18 funding or sponsoring an electioneering advertisement when 19 made by an organization, in existence prior to the time during 20 which a candidate qualifies or a ballot measure is placed on 21 the ballot for that election, for the purpose of printing or 22 distributing such organization's newsletter, containing a 23 statement by such organization in support of or opposition to 24 a candidate or ballot measure, which newsletter is distributed 25 only to members of such organization. 26 (2) Each person that sponsors or funds an 27 electioneering advertisement must file regular reports of all 28 contributions received and all expenditures made by such 29 person with the same officer as a political committee 30 supporting or opposing the candidate named or depicted or the 31 ballot measure referenced in the advertisement. Such reports 31 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 must contain the same information and are subject to the same 2 filing requirements as reports required under s. 106.07 for 3 candidates not receiving public financing. 4 (3)(a) If the initial publication of the 5 electioneering advertisement occurs after the final regular 6 report is due under subsection (2) but prior to the closing of 7 the polls on election day, the person funding or sponsoring 8 the advertisement must file a report electronically with the 9 division no later than 1 hour after the initial publication of 10 the advertisement. The report must contain the same 11 information as required of a candidate by s. 106.07(4). Upon 12 receipt of the filing, the division shall electronically 13 transmit a confirmation of receipt to the person filing the 14 report. If the person is unable to file electronically for any 15 reason, a written report containing the required information 16 may be faxed or hand delivered to the division no later than 1 17 hour after the initial publication of the advertisement. 18 However, if a report due to be filed under this paragraph on a 19 Saturday, Sunday, or legal holiday cannot be electronically 20 filed because of problems with Internet communications, the 21 report must be filed either electronically, by facsimile, or 22 by hand delivery with the division no later than 10 a.m. on 23 the next business day. 24 (b) The division shall adopt rules providing for 25 electronic filing which must, at a minimum, provide that: 26 1. The division develop an electronic filing system 27 using the Internet or other on-line technologies; and 28 2. The system be reasonably secure and be designed to 29 elicit the name, address, birthdate, and any other information 30 necessary to authenticate the identity of the person 31 submitting the report. 32 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 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. The organization's most senior officer, or, if 21 there is no formal organizational structure, the principal 22 organizer, if the person funding or sponsoring the 23 electioneering advertisement is a group other than a political 24 committee, committee of continuous existence, or executive 25 committee of a political party. The name, address, and title 26 of the designated individual must be filed with the division 27 in writing prior to, or contemporaneous with, the filing of 28 the initial report. 29 30 Such a person is liable for violations of report filing 31 requirements to the same extent as candidates pursuant to ss. 33 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 106.07(5), 106.19, and 106.265. 2 (b) In addition to the penalties prescribed in 3 paragraph (a), the person funding or sponsoring an 4 electioneering advertisement and the person responsible for 5 reporting pursuant to this subsection shall be jointly and 6 severally liable for late filing fines assessed by the Florida 7 Elections Commission pursuant to s. 106.07(8). Any such person 8 may appeal or dispute the fine in accordance with the 9 provisions of s. 106.07(8)(c). 10 (5) Any electioneering advertisement must be approved 11 by the individual required to certify reports pursuant to 12 subsection (4). Such individual shall provide a written 13 statement of authorization to the newspaper, radio station, 14 television station, or other medium for each such 15 advertisement contemporaneous with the advertisement's initial 16 publication, display, broadcast, or other distribution. 17 (6)(a) If the person funding an electioneering 18 advertisement is an individual subject to certifying reports 19 pursuant to subparagraph (4)(a)1. or subparagraph (4)(a)3., 20 the advertisement must prominently state, "Paid advertisement 21 paid for and approved by ... (Name of person funding the 22 electioneering advertisement)...," followed by the address of 23 the person funding the advertisement. 24 (b) If the person funding an electioneering 25 advertisement is a group, organization, or committee subject 26 to certifying reports pursuant to subparagraph (4)(a)2. or 27 subparagraph (4)(a)4., the advertisement must prominently 28 state, "Paid advertisement paid for and approved by ...(Name 29 and title of individual(s) required to certify reports)... of 30 ...(name of group, organization, or committee)...," followed 31 by the address of the group, organization, or committee. 34 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 (c) The Florida Elections Commission is authorized, 2 upon finding a violation of this subsection, to impose a civil 3 penalty in the form of fines not to exceed $5,000 or the total 4 cost of the advertisements without the proper disclaimer, 5 whichever is greater. In determining the amount of the 6 penalty, the commission must consider any mitigating or 7 aggravating circumstances prescribed in s. 106.265. This 8 penalty shall substitute for the penalties provided in s. 9 106.265, shall be deposited into the General Revenue Fund of 10 the state, and, if necessary, shall be collected pursuant to 11 s. 106.265(2). 12 (7) Except for contributions from leadership funds, a 13 person may not make a contribution through or in the name of 14 another, directly or indirectly, for the purpose of funding an 15 electioneering advertisement. 16 17 (Redesignate subsequent sections.) 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 4, line 7 to page 6, line 4, delete those lines 23 24 and insert: 25 for the 2004 elections; amending s. 99.103, 26 F.S.; directing the rebate of legislative 27 candidate filing fees to leadership funds; 28 amending s. 99.092, F.S.; relating to the 29 return of filing fees in the event of a 30 candidate's death, to conform; amending s. 31 106.011, F.S.; redefining the terms "political 35 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 committee," "independent expenditure," and 2 "person"; amending s. 106.021, F.S.; exempting 3 leadership fund expenditures for communications 4 jointly endorsing three or more candidates from 5 the limits applicable to candidate 6 contributions; amending s. 106.025, F.S.; 7 exempting certain leadership fund fundraisers 8 from campaign fund raiser requirements; 9 amending s. 106.04, F.S.; modifying reporting 10 requirements for committees of continuous 11 existence that make contributions to leadership 12 funds; amending s. 106.08, F.S.; exempting 13 leadership funds from the limits applicable to 14 contributions to candidates and political 15 committees supporting candidates; prescribing 16 the amount a candidate may accept in 17 contributions from leadership funds; exempting 18 contributions from leadership funds from the 19 statutory proscription against making indirect 20 contributions; limiting the activities of 21 leadership funds with regard to soliciting 22 from, and making contributions to, charitable 23 and philanthropic groups; prohibiting 24 leadership funds from accepting earmarked 25 contributions designed to benefit a specific 26 candidate; prohibiting leaders who are 27 candidates from using their own leadership 28 funds to support their own candidacy in certain 29 circumstances; prescribing penalties; amending 30 s. 106.147, F.S.; redefining the term "person" 31 to include leadership funds for purposes of 36 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 telephone solicitation requirements; amending 2 s. 106.148, F.S.; subjecting leadership funds 3 to computer solicitation disclosure 4 requirements; amending s. 106.17, F.S.; 5 authorizing leadership funds to conduct certain 6 polls and surveys relating to candidacies; 7 amending s. 106.29, F.S.; subjecting leadership 8 funds to the same periodic campaign finance 9 reporting requirements as executive committees 10 of political parties; requiring the Division of 11 Elections to provide a campaign finance form 12 for reporting leadership fund contributions and 13 expenditures; providing an exemption from 14 leadership fund reporting requirements for 15 periods of inactivity; prescribing penalties; 16 amending s. 106.295, F.S.; redefining the terms 17 "leadership fund" and "leader"; authorizing 18 leadership funds; requiring the creation of a 19 primary leadership depository; mandating the 20 appointment of a leadership fund treasurer; 21 prescribing the method for making leadership 22 fund expenditures; authorizing the use of petty 23 cash funds; requiring the leadership fund 24 treasurer to maintain records and accounts in a 25 certain manner for a specified period; amending 26 s. 106.33, F.S.; modifying the contribution 27 limits applicable to candidates accepting 28 public financing; amending s. 103.081, F.S.; 29 exempting leadership funds from the prohibition 30 against the use of its political party name, 31 abbreviation, or symbol; amending s. 103.09, 37 5:42 PM 04/24/03 s1500.ee10.03
SENATE AMENDMENT Bill No. CS for SB 1500 Amendment No. ___ Barcode 420276 1 F.S.; creating leadership funds as an 2 independent entity within a political party; 3 amending s. 106.011, F.S.; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 38 5:42 PM 04/24/03 s1500.ee10.03