HB 0291 2003
1	A bill to be entitled
2	An act relating to campaign financing; creating ss.
3	106.401-106.425, F.S., to establish the "Florida Clean
4	Elections Act"; providing a popular name; providing
5	findings and declarations; defining terms; providing
6	eligibility requirements for clean money campaign funding
7	for candidates for statewide or legislative office;
8	providing transitional requirements for the current
9	election cycle; providing a continuing obligation to
10	comply; providing limitations on contributions and
11	expenditures; providing limitations on the use of personal
12	funds; providing for seed money contributions; providing
13	for participation in debates; providing for certification
14	of eligibility; specifying benefits for participating
15	candidates; providing for the amounts and payment schedule
16	of clean money funding; providing limitations on the
17	expenditure of clean money funds; providing for disclosure
18	of excess spending by nonparticipating candidates;
19	providing for disclosure of and additional clean money to
20	respond to independent expenditures; providing for
21	disclosure of and additional clean money to respond to
22	issue advertisements; directing the Secretary of State to
23	create a nonpartisan Voter Information Commission and
24	providing its duties; requiring publicly funded television
25	and radio stations to provide free coverage of debates for
26	specified elections; providing limitations on mailing
27	privileges of certain public officials; providing revenue
28	sources for the Clean Money Trust Fund; providing for the
29	administration and dispersal of clean money funds;
30	providing limits on political party contributions and
31	expenditures; amending s. 106.011, F.S.; redefining the
32	term "political advertisement"; amending s. 106.021, F.S.;
33	eliminating authorization for unrestricted expenditures by
34	political committees and political parties to jointly
35	endorse three or more candidates; amending s. 106.08,
36	F.S.; providing limits on contributions to political
37	parties; revising limits on contributions to candidates by
38	political parties; providing penalties; amending s.
39	106.087, F.S.; eliminating a restriction on independent
40	expenditures by certain political committees and
41	committees of continuous existence; conforming a cross
42	reference; reenacting s. 106.19, F.S., relating to
43	penalties, to incorporate the amendments to ss. 106.08 and
44	106.265, F.S., in references thereto; amending s. 106.29,
45	F.S; revising reporting requirements of political parties;
46	conforming cross references; repealing ss. 106.30-106.36,
47	F.S., the "Florida Election Campaign Financing Act," to
48	conform; amending ss. 106.07, 106.141, 106.22, 106.265,
49	199.052, 320.02, 322.08, 328.72, and 607.1622, F.S.;
50	revising references and providing for deposit of various
51	fines, surplus funds, and voluntary contributions in the
52	Clean Money Trust Fund, to conform; providing for a
53	surcharge on civil penalties to be deposited into the
54	trust fund and for deposit of the surcharge funds into the
55	trust fund; reenacting ss. 106.143(8) and 106.144(2),
56	F.S., relating to the circulation of political
57	advertisements and endorsements or opposition by certain
58	groups and organizations, to incorporate the amendment to
59	s. 106.265, F.S., in references thereto; providing
60	severability; providing a contingent effective date.
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1. Sections 106.401 through 106.425, Florida
65	Statutes, are created to read:
66	106.401 Popular name.--Sections 106.401-106.426 shall be
67	known by the popular name "The Florida Clean Elections Act."
68	106.402 Findings and declarations.--
69	(1) The Legislature finds and declares that the current
70	system of privately financed campaigns for election to statewide
71	and legislative offices undermines democracy in this state in
72	the following principal ways:
73	(a) It violates the democratic principle of "one person,
74	one vote" and diminishes the meaning of the right to vote by
75	allowing large contributions to have a deleterious influence on
76	the political process.
77	(b) It violates the rights of all citizens to equal and
78	meaningful participation in the democratic process.
79	(c) It diminishes the free-speech rights of nonwealthy
80	voters and candidates whose voices are drowned out by those who
81	can afford to monopolize the arena of paid political
82	communications.
83	(d) It undermines the First Amendment right of voters and
84	candidates to be heard in the political process, the First
85	Amendment right of voters to hear all candidates' speech, and
86	the core First Amendment value of open and robust debate in the
87	political process.
88	(e) It fuels the public perception of corruption and
89	undermines public confidence in the democratic process and
90	democratic institutions.
91	(f) It drives up the cost of election campaigns, making it
92	difficult for qualified candidates without access to wealthy
93	contributors or personal fortunes to mount competitive
94	campaigns.
95	(g) It places challengers at a disadvantage, because
96	wealthy contributors tend to give their money to incumbents,
97	thus causing elections to be less competitive.
98	(h) It inhibits communication with the electorate by
99	candidates without access to large sums of campaign money.
100	(i) It burdens candidates with the incessant rigors of
101	fundraising and thus decreases the time available to fully
102	present their candidacies and ideas to the public.
103	(2) The Legislature finds and declares that providing a
104	voluntary clean money campaign finance system for all primary
105	and general elections would enhance democracy in the state in
106	the following principal ways:
107	(a) It would help eliminate the deleterious influence of
108	large contributions on the political process, remove access to
109	wealth as a major determinant of a person's influence within the
110	political process, and restore meaning to the principle of "one
111	person, one vote."
112	(b) It would help restore the rights of all citizens to
113	equal and meaningful participation in the democratic process.
114	(c) It would restore the free-speech rights of nonwealthy
115	candidates and voters by providing candidates with the equal
116	resources with which to communicate with the voters.
117	(d) It would help restore the First Amendment right of
118	voters and candidates to be heard in the political process, the
119	First Amendment right of voters to hear all candidates' speech,
120	and the core First Amendment value of open and robust debate in
121	the political process.
122	(e) It would diminish the public perception of corruption
123	and strengthen public confidence in the democratic process and
124	democratic institutions.
125	(f) It would halt and reverse the escalating cost of
126	elections.
127	(g) It would create a more level playing field for
128	incumbents and challengers, create genuine opportunities for
129	qualified residents of this state to run for statewide or
130	legislative office, and encourage more competitive elections.
131	(h) It would facilitate communication with the electorate
132	by candidates, regardless of their access to large sums of
133	campaign money.
134	(i) It would free candidates from the incessant rigors of
135	raising money and allow them more time to fully present their
136	candidacies and ideas to the public.
137	(3) The Legislature further finds and declares that the
138	unique factual circumstances in this state require that ss.
139	106.401-106.426 be enacted to promote the compelling state
140	interests listed in subsection (2). The provisions of ss.
141	106.401-106.426 are designed to create a rough proportionality
142	between the benefits and restrictions that apply to
143	participating candidates. However, it should be clear that the
144	provisions of ss. 106.401-106.426 are not entirely neutral.
145	Participating candidates are deliberately favored to further the
146	compelling state interest of encouraging participation in the
147	public financing program.
148	106.403 Definitions.--As used in ss. 106.401-106.426,
149	except where the context clearly indicates otherwise, the term:
150	(1) "Allowable contribution" means a qualifying
151	contribution or a seed money contribution.
152	(2) "Clean money qualifying period" means the period
153	during which candidates for statewide or legislative office are
154	permitted to collect qualifying contributions in order to
155	qualify for clean money funding. For legislative races, it
156	begins on the 60th day before the beginning of the first primary
157	election campaign period and ends on the 30th day before the day
158	of the first primary election. For gubernatorial and other
159	statewide races, it begins on the 120th day before the beginning
160	of the first primary election campaign period and ends on the
161	30th day before the day of the first primary election.
162	(3) "Commission" means the Florida Elections Commission.
163	(4) "Department" means the Department of State.
164	(5) "Division" means the Division of Elections of the
165	Department of State.
166	(6) "Excess expenditure amount" means the amount of money
167	spent or obligated to be spent by a nonparticipating candidate
168	in excess of the clean money amount available to a participating
169	candidate running for the same office.
170	(7) "First primary election campaign period" means the
171	period beginning on the 60th day before the first primary
172	election and ending on the day of the first primary election.
173	(8) "General election campaign period" means the period
174	beginning the day after the first or second primary election,
175	whichever is the last primary election at which the office
176	sought is contested, and ending on the day of the general
177	election.
178	(9) "Immediate family" means the candidate's spouse,
179	parents, and children.
180	(10) "Independent candidate" means a candidate for
181	statewide or legislative office who does not represent a
182	political party that has been granted ballot status and holds a
183	primary election to choose its nominee for the general election.
184	(11) "Mass mailing" means any mailing of 200 or more
185	identical or substantively identical pieces of mail sent by a
186	candidate for statewide or legislative office or an elected
187	official holding a statewide or legislative office to the
188	voters, residents, or postal box-holders within the territorial
189	jurisdiction of the office sought by such candidate or held by
190	such official. Such mailings, consisting of substantively
191	identical letters, newsletters, pamphlets, brochures, or other
192	written material, are distinct from mailings made in direct
193	response to communications from persons or groups to whom the
194	matter is mailed; mailings to federal, state, or local
195	government officials; and news releases to the communications
196	media, all of which are exempt from this definition.
197	(12) "Nonparticipating candidate" means a candidate for
198	statewide or legislative office who is on the ballot but has
199	chosen not to apply for clean money campaign funding or a
200	candidate for statewide or legislative office who is on the
201	ballot and has applied but has not satisfied the requirements
202	for receiving clean money funding.
203	(13) "Participating candidate" means a candidate for
204	statewide or legislative office who qualifies for clean money
205	campaign funding. Such candidates are eligible to receive clean
206	money funding during primary and general election campaign
207	periods.
208	(14) "Party candidate" means a candidate for statewide or
209	legislative office who represents a political party that has
210	been granted ballot status and holds a primary election to
211	choose its nominee for the general election.
212	(15) "Qualifying contribution" means a contribution of $5
213	that is received during the applicable clean money qualifying
214	period by a candidate seeking to become eligible for clean money
215	campaign funding and that is acknowledged by a written receipt
216	identifying the contributor. Contributors must be registered
217	voters who reside within the territorial jurisdiction of the
218	office and who are therefore eligible to vote for that
219	candidate. Qualifying contributions must be made in cash or by
220	check or money order; must be accompanied by a receipt fully
221	identifying the contributor which includes a signed statement
222	indicating that he or she fully understands the purpose of the
223	contribution and that the contribution is made without coercion
224	or reimbursement; and must be turned over to the division for
225	deposit in the Clean Money Trust Fund. Qualifying contributions
226	must be gathered by the candidates themselves or by volunteers
227	who receive no compensation.
228	(16) "Second primary election campaign period" means the
229	period beginning the day after the first primary election and
230	ending on the day of the second primary election.
231	(17) "Seed money contribution" means a contribution of no
232	more than $100 in the aggregate from any one source during the
233	seed money period. The term does not include payments by a
234	membership organization for the costs of communications to its
235	members, payments by a membership organization for the purpose
236	of facilitating the making of qualifying contributions, and
237	volunteer activity, including the payment of incidental expenses
238	by volunteers.
239	(18) "Seed money period" means the period beginning the
240	day following the previous general election for the office
241	sought and ending on the last day of the clean money qualifying
242	period. This is the exploratory period during which candidates
243	who wish to become eligible for clean money funding for the next
244	elections are permitted to raise and spend a limited amount of
245	private seed money, in contributions of up to $100 per
246	individual, for the purpose of testing the waters and fulfilling
247	the clean money eligibility requirements.
248	(19) "Statewide office" means the office of Governor or
249	Cabinet member. The office of Governor includes the office of
250	Lieutenant Governor as a single joint candidacy in accordance
251	with s. 99.063.
252	106.404 Eligibility for clean money campaign funding for
253	party candidates.--
254	(1) A party candidate qualifies as a participating
255	candidate for the first and second primary election campaign
256	periods if the candidate:
257	(a) Files a declaration with the division that he or she
258	has complied and will continue to comply with the requirements
259	of ss. 106.401-106.426, especially the requirement that during
260	the seed money period and the clean money qualifying period the
261	candidate not accept or spend private contributions from any
262	source other than seed money contributions and qualifying
263	contributions, unless the provisions of s. 106.406 apply; and
264	(b) Meets the following qualifying contribution
265	requirements before the close of the clean money qualifying
266	period:
267	1. A party candidate must collect at least the following
268	number of qualifying contributions:
269	a. For a candidate running for the office of state
270	representative, 500.
271	b. For a candidate running for the office of state
272	senator, 1,500.
273	c. For a candidate running for Cabinet office, 15,000.
274	d. For a candidate running for the office of Governor,
275	20,000.
276	2. Each qualifying contribution must be:
277	a. Acknowledged by a receipt to the contributor with a
278	copy to be kept by the candidate and a copy to be submitted to
279	the division. The receipt shall indicate, by the contributor's
280	signature, that the contributor understands that the purpose of
281	the contribution is to help the candidate qualify for clean
282	money campaign funding and that he or she is currently
283	registered to vote in the territorial jurisdiction of the office
284	sought by the candidate. The receipt must include the
285	contributor's signature, printed name, home address, and
286	telephone number and the name of the candidate on whose behalf
287	the contribution is made.
288	b. Submitted, with the copy of the signed and completed
289	receipt, to the division according to the schedule and procedure
290	determined by the division. A contribution submitted as a
291	qualifying contribution that does not include the copy of the
292	signed and completed receipt may not be counted as a qualifying
293	contribution.
294	(2) A party candidate qualifies as a participating
295	candidate for the general election campaign period if:
296	(a) He or she has met all of the applicable requirements
297	of ss. 106.401-106.426 and filed a declaration with the division
298	that he or she has fulfilled and will continue to fulfill the
299	requirements of a participating candidate as stated in ss.
300	106.401-106.426.
301	(b) As a participating candidate during the first and
302	second primary election campaign periods, he or she received the
303	highest number of votes of the candidates contesting the primary
304	elections from his or her respective party or, by other means,
305	won the party's official nomination.
306	106.405 Eligibility for clean money campaign funding for
307	independent candidates.--
308	(1) An independent candidate qualifies as a participating
309	candidate for the first and second primary election campaign
310	periods if the candidate:
311	(a) Files a declaration with the division that he or she
312	has complied and will continue to comply with the requirements
313	of ss. 106.401-106.426, especially the requirement that during
314	the seed money period and the clean money qualifying period the
315	candidate not accept or spend private contributions from any
316	source other than seed money contributions and qualifying
317	contributions, unless the provisions of s. 106.406 apply; and
318	(b) Meets the following qualifying contribution
319	requirements before the close of the clean money qualifying
320	period:
321	1. An independent candidate must collect the same number
322	of qualifying contributions as a party candidate must collect
323	for the same office as provided in s. 106.404.
324	2. Each qualifying contribution must be:
325	a. Acknowledged by a receipt to the contributor, with a
326	copy to be kept by the candidate and a copy to be submitted to
327	the division. The receipt must indicate, by the contributor's
328	signature, that the contributor understands that the purpose of
329	the contribution is to help the candidate qualify for clean
330	money campaign funding and that he or she is currently
331	registered to vote in the territorial jurisdiction of the office
332	sought by the candidate. The receipt must include the
333	contributor's signature, printed name, home address, and
334	telephone number and the name of the candidate on whose behalf
335	the contribution is made.
336	b. Submitted, with the copy of the signed and completed
337	receipt, to the division according to the schedule and procedure
338	determined by the division. A contribution submitted as a
339	qualifying contribution that does not include the copy of the
340	signed and completed receipt may not be counted as a qualifying
341	contribution.
342	(2) An independent candidate qualifies as a participating
343	candidate for the general election campaign period if:
344	(a) Before the first and second primary election campaign
345	periods, he or she has met all of the applicable requirements of
346	ss. 106.401-106.426 and filed a declaration with the division
347	that he or she has fulfilled and will continue to fulfill the
348	requirements of a participating candidate as stated in ss.
349	106.401-106.426.
350	(b) During the first and second primary election campaign
351	periods, he or she has fulfilled all of the requirements of a
352	participating candidate as stated in ss. 106.401-106.426.
353	106.406 Transitional requirements for current election
354	cycle.--During the election cycle in effect on July 1, 2003, a
355	candidate may be certified as a participating candidate,
356	notwithstanding the acceptance of contributions or the making of
357	expenditures from private funds before July 1, 2003, which would
358	otherwise disqualify the candidate as a participating candidate,
359	if all private funds accepted but not expended before July 1,
360	2003, are either returned to the contributors or submitted to
361	the division for deposit in the Clean Money Trust Fund.
362	106.407 Continuing obligation to comply.--A participating
363	candidate who accepts any benefits during the first and second
364	primary election campaign periods must comply with all
365	requirements of ss. 106.401-106.426 through the general election
366	campaign period whether or not he or she continues to accept
367	benefits, unless the candidate either loses in one of the
368	primary elections or withdraws his or her candidacy and
369	subsequently is selected as a candidate for Lieutenant Governor
370	with a nonparticipating candidate for Governor.
371	106.408 Contributions and expenditures; limitations and
372	reporting.--
373	(1) During the primary and general election campaign
374	periods, a participating candidate who has voluntarily agreed to
375	participate in and has become eligible for clean money benefits
376	may not accept private contributions from any source other than
377	the candidate's political party.
378	(2) A person may not make a contribution in the name of
379	another person. A participating candidate who receives a
380	qualifying contribution or seed money contribution that is not
381	from the person listed on the receipt required by s.
382	106.404(1)(b)2., s. 106.405(1)(b)2., or s. 106.410(3) shall be
383	liable to pay the commission the entire amount of the illegal
384	contribution, in addition to any other penalties prescribed by
385	this chapter.
386	(3) During the primary and general election campaign
387	periods, a participating candidate must pay for all of his or
388	her campaign expenditures, except petty cash expenditures, by
389	means of the clean money debit card, as specified in s. 106.424.
390	(4) Eligible candidates shall furnish complete campaign
391	records, including all records of seed money contributions and
392	qualifying contributions, to the division at regular filing
393	times or on request by the division. Candidates must cooperate
394	with any audit or examination by the division or the commission.
395	106.409 Use of personal funds.--
396	(1) Personal funds contributed as seed money by a
397	candidate seeking to become eligible as a participating
398	candidate or by adult members of his or her immediate family may
399	not exceed the maximum of $100 in the aggregate per contributor.
400	(2) Personal funds may not be used to meet the qualifying
401	contribution requirement except for one qualifying contribution
402	from the candidate and one qualifying contribution from the
403	candidate's spouse, provided the candidate and his or her spouse
404	are registered voters of the territorial jurisdiction of the
405	office sought by the candidate.
406	106.410 Seed money contributions.--
407	(1) The only private contributions a candidate seeking to
408	become eligible for clean money funding may accept, other than
409	qualifying contributions, are seed money contributions
410	contributed before the end of the clean money qualifying period.
411	(2) A seed money contribution may not exceed $100 in the
412	aggregate from any one source and the aggregate amount of seed
413	money contributions from all sources accepted by a candidate
414	seeking to become eligible for clean money funding may not
415	exceed:
416	(a) For a candidate running for the office of state
417	representative, $10,000.
418	(b) For a candidate running for the office of state
419	senator, $30,000.
420	(c) For a candidate running for Cabinet office, $200,000.
421	(d) For a candidate running for the office of Governor,
422	$500,000.
423	(3) Receipts for seed money contributions under $25 must
424	include the contributor's signature, printed name, and address.
425	Receipts for seed money contributions of $25 or more must
426	include the contributor's signature, printed name, street
427	address and zip code, telephone number, occupation, and name of
428	employer. Contributions may not be accepted if the required
429	disclosure information is not provided.
430	(4) Seed money may be spent only during the clean money
431	qualifying period. Seed money may not be spent during the
432	primary or general election campaign periods.
433	(5) Within 48 hours after the close of the clean money
434	qualifying period, each candidate seeking to become eligible for
435	clean money funding must fully disclose all seed money
436	contributions and expenditures to the division and turn over to
437	the division for deposit in the Clean Money Trust Fund any seed
438	money raised during the applicable seed money period that
439	exceeds the aggregate seed money limit.
440	106.411 Participation in debates.--
441	(1) Participating candidates shall participate in one 1-
442	hour debate during a contested first primary election, one 1-
443	hour debate during a contested second primary election, and two
444	1-hour debates during a contested general election when public
445	debate opportunities are available.
446	(2) Licensed broadcasters receiving state funding or
447	providing publicly authorized cable services are required to
448	publicly broadcast one such debate, when practicable, for
449	gubernatorial and other statewide races.
450	(3) Nonparticipating candidates for the same offices whose
451	names will appear on the ballot must be invited to join the
452	debates.
453	106.412 Certification of eligibility.--
454	(1) No more than 5 days after a candidate applies for
455	clean money benefits, the division shall certify or fail to
456	certify the candidate as eligible. Eligibility may be revoked if
457	the candidate violates any of the requirements of ss. 106.401-
458	106.426; in which case, all clean money funds received by the
459	candidate must be repaid.
460	(2) The candidate's request for eligibility certification
461	shall be signed by the candidate and his or her campaign
462	treasurer under penalty of perjury.
463	(3) The division's determination is final, except that it
464	is subject to examination and audit by an outside agency and to
465	a prompt, expedited judicial review.
466	106.413 Benefits provided to candidates eligible to
467	receive clean money.--
468	(1) Candidates who qualify for clean money funding for
469	primary and general elections shall:
470	(a) Receive clean money funding from the division for each
471	election in the amounts specified in s. 106.415. This funding
472	may be used to finance any and all campaign expenses during the
473	particular campaign period for which it was allocated.
474	(b) Receive media benefits and mailing privileges as
475	provided in ss. 106.401-106.426, including up to $5,000 each
476	election for broadcasting expenses for qualified political
477	advertisements which are determined under s. 106.420 as meeting
478	the standards of "Truth in Campaigning" established by the Voter
479	Information Commission and the division.
480	(c) Receive additional clean money funding to match any
481	excess expenditure amount spent by nonparticipating candidates,
482	as specified in s. 106.417.
483	(d) Receive additional clean money funding to match any
484	independent expenditure made in opposition to their candidacies
485	or on behalf of their opponents' candidacies, as specified in s.
486	106.418.
487	(e) Receive additional clean money funding to match any
488	issue advertisement made in opposition to their candidacies or
489	on behalf of their opponents' candidacies, as specified in s.
490	106.419.
491	(2) The maximum aggregate amount of additional funding a
492	participating candidate may receive to match independent
493	expenditures, issue advertisements, and the excess expenditures
494	of nonparticipating candidates is 300 percent of the full amount
495	of clean money funding allocated to the candidate for a
496	particular primary or general election campaign period.
497	106.414 Schedule of clean money payments.--
498	(1)(a) An eligible party candidate shall receive his or
499	her clean money funding for the first or second primary election
500	campaign period on the date on which the division certifies the
501	candidate as a participating candidate. This certification shall
502	take place no later than 5 days after the candidate has
503	submitted the required number of qualifying contributions and a
504	declaration stating that he or she has complied with all other
505	requirements for eligibility as a participating candidate, but
506	no earlier than the beginning of the first or second primary
507	election campaign period.
508	(b) An eligible party candidate shall receive his or her
509	clean money funding for the general election campaign period
510	within 48 hours after certification of the applicable primary
511	election results.
512	(2)(a) An eligible independent candidate shall receive his
513	or her clean money funding for the first or second primary
514	election campaign period on the date on which the division
515	certifies the candidate as a participating candidate. This
516	certification shall take place no later than 5 days after the
517	candidate has submitted the required number of qualifying
518	contributions and a declaration stating that he or she has
519	complied with all other requirements for eligibility as a
520	participating candidate, but no earlier than the beginning of
521	the first or second primary election campaign period.
522	(b) An eligible independent candidate shall receive his or
523	her clean money funding for a general election campaign period
524	within 48 hours after certification of the applicable primary
525	election results.
526	106.415 Determination of clean money amounts.--
527	(1)(a) The amount of clean money funding for an eligible
528	party candidate in a contested first primary election is:
529	1. For a candidate running for the office of state
530	representative, $45,000.
531	2. For a candidate running for the office of state
532	senator, $135,000.
533	3. For a candidate running for Cabinet office, $700,000.
534	4. For a candidate running for the office of Governor, $2
535	million.
536	(b) The clean money amount for an eligible party candidate
537	in an uncontested first primary election is 10 percent of the
538	amount provided in a contested first primary election.
539	(c) The clean money amount for an eligible party candidate
540	in a second primary election is 25 percent of the amount
541	authorized for that candidate for the first primary election.
542	(d) The amount of clean money funding for an eligible
543	party candidate in a contested general election is:
544	1. For a candidate running for the office of state
545	representative, $60,000.
546	2. For a candidate running for the office of state
547	senator, $180,000.
548	3. For a candidate running for Cabinet office, $1 million.
549	4. For a candidate running for the office of Governor, $5
550	million.
551	(2)(a) The clean money amount for an eligible independent
552	candidate in a primary election is 10 percent of the amount
553	received by a party candidate in a contested primary election.
554	(b) The clean money amount for an eligible independent
555	candidate in the general election is the same as the full amount
556	received by a party candidate in the general election.
557	(3) After the first cycle of elections subject to ss.
558	106.401-106.426, the division shall adjust the clean money
559	amounts authorized under this section based on the rate of
560	inflation or the cost-of-living index.
561	106.416 Expenditures made with clean money funds.--
562	(1) The clean money funding received by a participating
563	candidate may be used only for the purpose of defraying that
564	candidate's campaign-related expenses during a particular
565	election campaign period for which the clean money funding was
566	allocated.
567	(2) Clean money funding may not be used in violation of
568	the law or to repay any personal, family, or business loans,
569	expenditures, or debts.
570	106.417 Disclosure of excess spending by nonparticipating
571	candidates.--
572	(1) If a nonparticipating candidate's total expenditures
573	for a primary or general election campaign period exceed the
574	amount of clean money funding allocated to his or her clean
575	money opponent for that period, he or she shall disclose to the
576	division within 48 hours each excess expenditure amount which,
577	in the aggregate, is more than $1,000.
578	(2) During the last 20 days before the end of the
579	applicable campaign period, a nonparticipating candidate shall
580	disclose to the division each excess expenditure amount which,
581	in the aggregate, is more than $500, within 24 hours of when the
582	expenditure is made or obligated to be made.
583	(3) The division may make its own determination as to
584	whether excess expenditures have been made by nonparticipating
585	candidates.
586	(4) Upon receiving an excess expenditure disclosure under
587	this section, the division shall immediately release additional
588	clean money funding to the opposing participating candidate
589	equal to the excess expenditure amount the nonparticipating
590	candidate has spent or intends to spend, subject to the limit
591	set forth in s. 106.413(2).
592	106.418 Disclosure of and additional clean money to
593	respond to independent expenditures.--
594	(1) As used in this section, the term:
595	(a) "Coordination" means a payment made for a
596	communication or anything of value that is for the purpose of
597	influencing the outcome of an election for statewide or
598	legislative office and that is made:
599	1. By a person in cooperation, consultation, or concert
600	with, at the request or suggestion of, or pursuant to a
601	particular understanding with a candidate, a candidate's
602	campaign committee, or an agent acting on behalf of a candidate
603	or a candidate's campaign committee;
604	2. By a person for the dissemination, distribution, or
605	republication, in whole or in part, of any broadcast or any
606	written, graphic, or other form of campaign material prepared by
607	a candidate, a candidate's campaign committee, or an agent of a
608	candidate or a candidate's campaign committee;
609	3. Based on specific information about the candidate's
610	plans, projects, or needs provided to the person making the
611	payment by the candidate or the candidate's agent who provides
612	the information with a view toward having the payment made;
613	4. By a person if, in the same election cycle in which the
614	payment is made, the person making the payment is serving or has
615	served as a member, employee, fund raiser, or agent of the
616	candidate's campaign committee in an executive or policymaking
617	position;
618	5. By a person if the person making the payment has served
619	in any formal policymaking or advisory position with the
620	candidate's campaign or has participated in strategic or
621	policymaking discussions with the candidate's campaign relating
622	to the candidate's pursuit of nomination for election or
623	election to a statewide or legislative office in the same
624	election cycle as the election cycle in which the payment is
625	made; or
626	6. By a person if the person making the payment retains
627	the professional services of an individual or person who, in a
628	nonministerial capacity, has provided or is providing campaign-
629	related services in the same election cycle to a candidate who
630	is pursuing the same nomination or election as any of the
631	candidates to whom the communication refers.
632	(b) "Express advocacy" means a communication that is made
633	through a broadcast medium, newspaper, magazine, billboard,
634	direct mail, or similar type of general public communication or
635	political advertising that advocates the election or defeat of a
636	clearly identifiable candidate, including any communication that
637	contains a phrase such as "vote for," "re-elect," "support,"
638	"cast your ballot for," "(name of candidate) for (name of
639	office)," "(name of candidate) in (year)," "vote against,"
640	"defeat," "reject," or contains campaign slogans or individual
641	words that in context can have no reasonable meaning other than
642	to recommend the election or defeat of one or more clearly
643	identifiable candidates. The term does not include any news
644	story, commentary, or editorial by a broadcasting station,
645	newspaper, magazine, or other publication, if the entity is not
646	owned by or affiliated with any candidate or candidate committee
647	or a regularly published newsletter or other communication whose
648	circulation is limited to an organization's members, employees,
649	shareholders, other affiliated individuals, and those who
650	request or purchase the internal publication.
651	(c) "Independent expenditure" means an expenditure made by
652	a person or group other than a candidate or a candidate's
653	campaign committee which is made for a communication that
654	contains express advocacy and is made without the participation
655	or cooperation of and without coordination with a candidate or a
656	candidate's campaign committee.
657	(d) "Professional services" includes services in support
658	of a candidate's pursuit of nomination for election or election
659	to statewide or legislative office, such as polling, media
660	advice, direct mail, fundraising, or campaign research.
661	(2)(a) Any person who makes an independent expenditure in
662	support of or in opposition to a candidate for statewide or
663	legislative office during a primary or general election campaign
664	period which, in the aggregate, exceeds $1,000 shall report each
665	such expenditure within 48 hours to the division.
666	(b) The report to the division shall include a statement,
667	under penalty of perjury, by the person making the independent
668	expenditure identifying the candidate whom the independent
669	expenditure is intended to help elect or defeat and affirming
670	that the expenditure is totally independent and involves no
671	cooperation or coordination with a candidate or political party.
672	(c) An individual or organization may file a complaint
673	with the commission if the individual or organization believes
674	that such a statement is false. The commission shall make a
675	prompt determination about such a complaint.
676	(3) Upon receiving a report under this section that an
677	independent expenditure has been made or is obligated to be
678	made, the division shall immediately release additional clean
679	money funding, equal in amount to the cost of the independent
680	expenditure, to all participating candidates whom the
681	independent expenditure is intended to oppose or defeat,
682	provided the maximum aggregate amount of additional funding a
683	participating candidate receives to match independent
684	expenditures, issue advertisements, and the excess expenditures
685	of nonparticipating candidates is no more than 300 percent of
686	the full amount of clean money funding allocated to a
687	participating candidate in that election and the aggregate
688	amount of the campaign expenditures combined with the amount of
689	the independent expenditures of the nonparticipating candidate
690	benefiting from the independent expenditure exceeds the amount
691	of clean money funding received by the participating candidate.
692	(4) Funding in the same amounts must also be granted to
693	any participating candidate when another participating candidate
694	benefits, however unintentionally, from independent expenditures
695	which, in the aggregate with other expenditures, exceed the
696	clean money amount received by the participating candidates.
697	106.419 Disclosure of and additional clean money to
698	respond to issue advertisements.--
699	(1) As used in this section, the term "issue
700	advertisement" means a communication through a broadcasting
701	station, newspaper, magazine, outdoor advertising facility,
702	mailing, or any other type of general public political
703	advertising the purchase of which is not an independent
704	expenditure or a contribution and which costs, in the aggregate,
705	$1,000 or more, contains the name or likeness of one or more
706	candidates, is communicated during a primary or general election
707	period, and recommends a position on a political issue.
708	(2) A person who makes a disbursement to purchase an issue
709	advertisement shall file a report with the division not later
710	than 48 hours after making the disbursement, containing the
711	amount of the disbursement, the name and address of the person
712	making the disbursement, the purpose of the issue advertisement,
713	and the script or a printed or duplicated audio copy of the
714	advertisement.
715	(3) Upon receiving a report under this section that an
716	issue advertisement has been made or is obligated to be made,
717	and upon determination that the advertisement can reasonably be
718	interpreted as having the effect of promoting the defeat of a
719	participating candidate or the election of that candidate's
720	opponent, the division shall immediately authorize the release
721	to that candidate of additional clean money funding, equal in
722	amount to the cost of the issue advertisement, subject to the
723	limit set forth in s. 106.413(2).
724	106.420 Voter Information Commission.--
725	(1) The Secretary of State shall establish and administer
726	a nonpartisan Voter Information Commission consisting of
727	representatives of nonprofit organizations, political parties,
728	the media, and interested citizens.
729	(2) The Voter Information Commission may establish a voter
730	information program for the purpose of providing voters with
731	election-related information and fostering political dialogue
732	and debate.
733	(3) The Voter Information Commission shall organize the
734	publication and distribution of a voter information guide that
735	includes important information about candidates appearing on the
736	ballot, including biographical material submitted by the
737	candidates; information on whether candidates are funding their
738	campaigns with public money or private money; policy statements
739	by the candidates or their political parties on issues
740	designated by the Voter Information Commission and other issues;
741	and, when pertinent, candidates' voting records.
742	(4) The Voter Information Commission shall evaluate, or
743	delegate the evaluation of, the veracity of a candidate's own
744	political advertisements submitted by participating candidates
745	to determine whether each advertisement meets the standards of
746	"Truth in Campaigning" as established by the Voter Information
747	Commission and the division and reviewed biennially prior to the
748	filing date for candidates in each general election year. Upon
749	determination of qualification for an advertisement, the Voter
750	Information Commission shall immediately notify the candidate
751	and the division that the advertisement meets the established
752	standards of "Truth in Campaigning."
753	106.421 Broadcast debates.--
754	(1) All television and radio broadcast stations publicly
755	funded in part or providing publicly approved cable services
756	shall make available, as a condition of their licenses, free
757	coverage for gubernatorial and other statewide candidate debates
758	in contested primary and general elections.
759	(2) At a minimum, broadcasters shall broadcast, when
760	practicable, and participating candidates in gubernatorial and
761	other statewide races shall participate in, one 1-hour debate
762	during a contested primary election and two 1-hour debates
763	during a contested general election.
764	(3) All participating candidates shall participate in
765	public debates when practicable, and all nonparticipating
766	candidates for the same offices whose names will appear on the
767	ballot must be invited to join the debates.
768	106.422 Limit on use of public official mailing
769	privileges.--
770	(1) Except as provided in subsection (2), an elected
771	official holding a statewide or legislative office shall not
772	mail any mass mailing as government mail during the period
773	between July 1 of the election year and the date of the general
774	election for that office, unless the official has made a public
775	announcement that he or she will not be a candidate for
776	reelection to that office or for election to any other statewide
777	or legislative office during that election cycle.
778	(2) The normal privileges for elected officials holding a
779	statewide or legislative office shall remain applicable to
780	mailings not covered under the definition of mass mailing in s.
781	106.403(11).
782	106.423 Revenue sources for the Clean Money Trust Fund.--
783	(1) The Legislature may appropriate funds which, when
784	added to the revenue outlined in subsection (2), will be
785	sufficient to fully carry out the provisions of ss. 106.401-
786	106.426, and such funds shall be deposited in the Clean Money
787	Trust Fund.
788	(2) Other sources of revenue to be deposited in the Clean
789	Money Trust Fund include:
790	(a) The qualifying contributions required of candidates
791	seeking to become certified as participating candidates and such
792	candidates' qualifying contributions in excess of the minimum
793	number to qualify as a participating candidate.
794	(b) The excess seed money contributions of candidates
795	seeking to become certified as participating candidates.
796	(c) Unspent funds distributed to any participating
797	candidate who does not remain a candidate until the primary or
798	general election for which they were distributed, or such funds
799	that remain unspent by a participating candidate following the
800	date of the primary or general election for which they were
801	distributed.
802	(d) Fines levied by the commission against candidates for
803	violation of election laws, except for those fines required to
804	be deposited in the Elections Commission Trust Fund.
805	(e) Voluntary donations made directly to the trust fund.
806	(f) Funds from the surcharge on civil penalties levied
807	under s. 106.265(3).
808	(g) Any interest generated by the trust fund.
809	(h) Any other sources of revenue authorized by law.
810	106.424 Administration and dispersal of clean money.--
811	(1) Upon determination that a candidate has met all the
812	requirements for becoming a participating candidate as provided
813	in ss. 106.401-106.426, the division shall authorize the
814	issuance to the candidate of a clean money debit card and a line
815	of debit entitling the candidates and members of the candidate's
816	staff to draw clean money funds from a state account to pay for
817	all campaign costs and expenses up to the amount of clean money
818	funding the candidate has been authorized.
819	(2) Neither a participating candidate nor any other person
820	on behalf of a participating candidate shall pay campaign costs
821	by cash, check, money order, loan, or any other financial means
822	besides the clean money debit card, except as otherwise provided
823	in subsection (3).
824	(3) Cash amounts of $500 or less per day may be drawn on
825	the clean money debit card and used to pay expenses of no more
826	than $100 each. Records of all such expenditures must be
827	maintained and reported to the division.
828	(4) Upon determination by the Voter Information Commission
829	that a candidate's political advertisement qualifies under the
830	"Truth in Campaigning" standards proposed by the Voter
831	Information Commission and adopted by the division, the division
832	shall authorize payment for the broadcast advertisement, which
833	may be made directly to broadcast vendors in the candidate's
834	behalf, except that the amount of payments for each candidate in
835	each election may not exceed an aggregate total of $5,000.
836	106.425 Political party contributions and expenditures.--
837	(1) Participating candidates may accept monetary or in-
838	kind contributions from political parties if the aggregate
839	amount of the contributions from all political party committees
840	combined does not exceed the equivalent of 10 percent of the
841	clean money financing amount for that office and if that
842	aggregate amount does not exceed $100,000 per candidate per
843	election cycle.
844	(2) Contributions made to, and expenditures made by,
845	political parties during primary and general election campaign
846	periods must be reported to the division on the same basis as
847	contributions and expenditures made to or by candidates.
848	(3) This section does not prevent political party funds
849	from being used for general operating expenses of the party;
850	conventions; nominating and endorsing candidates on a
851	nonrecurring basis within each election period; identifying,
852	researching, and developing the party's positions on issues;
853	party platform activities; non-candidate-specific voter
854	registration; non-candidate-specific get-out-the-vote drives;
855	travel expenses for noncandidate party leaders and staff; and
856	other non-candidate-specific party-building activities.
857	Section 2. Subsection (17) of section 106.011, Florida
858	Statutes, is amended to read:
859	106.011 Definitions.--As used in this chapter, the
860	following terms have the following meanings unless the context
861	clearly indicates otherwise:
862	(17)(a)"Political advertisement" means a paid expression
863	in any communications media prescribed in subsection (13),
864	whether radio, television, newspaper, magazine, periodical,
865	campaign literature, direct mail, or display or by means other
866	than the spoken word in direct conversation, which shall support
867	or oppose any candidate, elected public official, or issue.A
868	political advertisement shall be deemed to support or oppose a
869	candidate or elected public official if it mentions or shows a
870	clearly identifiable candidate for election or reelection and is
871	distributed at any point during the period following the last
872	day of qualifying for that candidacy through the immediately
873	ensuing general election, regardless of whether the
874	communication contains the words "vote for," "re-elect," "vote
875	against," "defeat," or any similar words or statements.
876	(b)However,"Political advertisement"does not include:
877	1.(a)A statement by an organization, in existence prior
878	to the time during which a candidate qualifies or an issue is
879	placed on the ballot for that election, in support of or
880	opposition to a candidate or issue, in that organization's
881	newsletter, which newsletter is distributed only to the members
882	of that organization.
883	2.(b)Editorial endorsements by any newspaper, radio or
884	television station, or other recognized news medium.
885	3. A paid expression in any communications media that
886	mentions or shows a clearly identifiable candidate for election
887	or reelection and that:
888	a. Advertises a business rather than the candidate, is
889	paid for out of funds of that business, and is similar to other
890	advertisements for that business that have mentioned or shown
891	the candidate and have been distributed on a regular basis over
892	a period of at least 1 year prior to the qualifying period for
893	that candidacy; or
894	b. Is distributed or broadcast only to areas other than
895	the geographical area of the electorate for that candidacy.
896	Section 3. Subsection (3) of section 106.021, Florida
897	Statutes, is amended to read:
898	106.021 Campaign treasurers; deputies; primary and
899	secondary depositories.--
900	(3) Except for independent expenditures, no contribution
901	or expenditure, including contributions or expenditures of a
902	candidate or of the candidate's family, shall be directly or
903	indirectly made or received in furtherance of the candidacy of
904	any person for nomination or election to political office in the
905	state or on behalf of any political committee except through the
906	duly appointed campaign treasurer of the candidate or political
907	committee; however, a candidate or any other individual may be
908	reimbursed for expenses incurred for travel, food and beverage,
909	office supplies, and mementos expressing gratitude to campaign
910	supporters by a check drawn upon the campaign account and
911	reported pursuant to s. 106.07(4).In addition, expenditures may
912	be made directly by any political committee or political party
913	regulated by chapter 103 for obtaining time, space, or services
914	in or by any communications medium for the purpose of jointly
915	endorsing three or more candidates, and any such expenditure
916	shall not be considered a contribution or expenditure to or on
917	behalf of any such candidates for the purposes of this chapter.
918	Section 4. Section 106.08, Florida Statutes, is amended to
919	read:
920	106.08 Contributions; limitations on.--
921	(1)(a) Except for political parties, no person, political
922	committee, or committee of continuous existence may, in any
923	election, make contributions in excess of $500 to any candidate
924	for election to or retention in office or to any political
925	committee supporting or opposing one or more candidates.
926	Candidates for the offices of Governor and Lieutenant Governor
927	on the same ticket are considered a single candidate for the
928	purpose of this section.
929	(b)1. The contribution limits provided in this subsection
930	do not apply to contributions made by a state or county
931	executive committee of a political party regulated by chapter
932	103 or to amounts contributed by a candidate to his or her own
933	campaign.
934	2. Notwithstanding the limits provided in this subsection,
935	an unemancipated child under the age of 18 years of age may not
936	make a contribution in excess of $100 to any candidate or to any
937	political committee supporting one or more candidates.
938	(c) The contribution limits of this subsection apply to
939	each election. For purposes of this subsection, the first
940	primary, second primary, and general election are separate
941	elections so long as the candidate is not an unopposed candidate
942	as defined in s. 106.011(15). However, for the purpose of
943	contribution limits with respect to candidates for retention as
944	a justice or judge, there is only one election, which is the
945	general election. With respect to candidates in a circuit
946	holding an election for circuit judge or in a county holding an
947	election for county court judge, there are only two elections,
948	which are the first primary election and general election.
949	(2) A person, political committee, or committee of
950	continuous existence may not make contributions to the state and
951	county executive committees of a political party, including any
952	subordinate committee of a state or county executive committee
953	of a political party, which contributions, including in-kind
954	contributions, in the aggregate in any calendar year exceed
955	$5,000.
956	(3)(2)(a)Except as otherwise provided in s. 106.425,a
957	candidatefor other than statewide officemay not accept
958	contributions from national, state,including any subordinate
959	committee of a national, state, or county committee of a
960	political party,and county executive committees of a political
961	party,including any subordinate committee of a national, state,
962	or county executive committee of a political party,which
963	contributions, including in-kind contributions,in the aggregate
964	in any calendar yearexceed$5,000. A candidate for statewide
965	office may not accept contributions from national, state, and
966	county executive committees of a political party, including any
967	subordinate committee of a national, state, or county executive
968	committee of a political party, which contributions, including
969	in-kind contributions, in the aggregate in any election cycle
970	exceed $100,000$50,000, no more than $25,000 of which may be
971	accepted prior to the 28-day period immediately preceding the
972	date of the general election.
973	(b)Except as otherwise provided in s. 106.425, national,
974	state, and county executive committees of a political party,
975	including any subordinate committee of a national, state, or
976	county executive committee of a political party, may not make
977	contributions to a candidate for other than statewide office,
978	which contributions, including in-kind contributions, in the
979	aggregate in any calendar year exceed $5,000. National, state,
980	and county executive committees of a political party, including
981	any subordinate committee of a national, state, or county
982	executive committee of a political party, may not make
983	contributions to a candidate for statewide office, which
984	contributions, including in-kind contributions, in the aggregate
985	in any election cycle exceed $100,000.Polling services,
986	research services, costs for campaign staff, professional
987	consulting services, and telephone calls are not contributions
988	to be counted toward the contribution limits of paragraph (a).
989	Any item not expressly identified in this paragraph as
990	nonallocable is a contribution in an amount equal to the fair
991	market value of the item and must be counted as allocable toward
992	the $50,000 contribution limits of paragraph (a). Nonallocable,
993	in-kind contributions must be reported by the candidate under s.
994	106.07 and by the political party under s. 106.29.
995	(4)(3)(a) Any contribution received by a candidate with
996	opposition in an election or by the campaign treasurer or a
997	deputy campaign treasurer of such a candidate on the day of that
998	election or less than 5 days prior to the day of that election
999	must be returned by him or her to the person or committee
1000	contributing it and may not be used or expended by or on behalf
1001	of the candidate.
1002	(b) Except as otherwise provided in paragraph (c), any
1003	contribution received by a candidate or by the campaign
1004	treasurer or a deputy campaign treasurer of a candidate after
1005	the date at which the candidate withdraws his or her candidacy,
1006	or after the date the candidate is defeated, becomes unopposed,
1007	or is elected to office must be returned to the person or
1008	committee contributing it and may not be used or expended by or
1009	on behalf of the candidate.
1010	(c) With respect to any campaign for an office in which an
1011	independent or minor party candidate has filed as required in s.
1012	99.0955 or s. 99.096, but whose qualification is pending a
1013	determination by the Department of State or supervisor of
1014	elections as to whether or not the required number of petition
1015	signatures was obtained:
1016	1. The department or supervisor shall, no later than 3
1017	days after that determination has been made, notify in writing
1018	all other candidates for that office of that determination.
1019	2. Any contribution received by a candidate or the
1020	campaign treasurer or deputy campaign treasurer of a candidate
1021	after the candidate has been notified in writing by the
1022	department or supervisor that he or she has become unopposed as
1023	a result of an independent or minor party candidate failing to
1024	obtain the required number of petition signatures shall be
1025	returned to the person, political committee, or committee of
1026	continuous existence contributing it and shall not be used or
1027	expended by or on behalf of the candidate.
1028	(5)(4)Any contribution received by the chair, campaign
1029	treasurer, or deputy campaign treasurer of a political committee
1030	supporting or opposing a candidate with opposition in an
1031	election or supporting or opposing an issue on the ballot in an
1032	election on the day of that election or less than 5 days prior
1033	to the day of that election may not be obligated or expended by
1034	the committee until after the date of the election.
1035	(6)(5)(a) A person may not make any contribution through
1036	or in the name of another, directly or indirectly, in any
1037	election.
1038	(b) Candidates, political committees, and political
1039	parties may not solicit contributions from any religious,
1040	charitable, civic, or other causes or organizations established
1041	primarily for the public good.
1042	(c) Candidates, political committees, and political
1043	parties may not make contributions, in exchange for political
1044	support, to any religious, charitable, civic, or other cause or
1045	organization established primarily for the public good. It is
1046	not a violation of this paragraph for:
1047	1. A candidate, political committee, or political party
1048	executive committee to make gifts of money in lieu of flowers in
1049	memory of a deceased person;
1050	2. A candidate to continue membership in, or make regular
1051	donations from personal or business funds to, religious,
1052	political party, civic, or charitable groups of which the
1053	candidate is a member or to which the candidate has been a
1054	regular donor for more than 6 months; or
1055	3. A candidate to purchase, with campaign funds, tickets,
1056	admission to events, or advertisements from religious, civic,
1057	political party, or charitable groups.
1058	(7)(6)A political party may not accept any contribution
1059	which has been specifically designated for the partial or
1060	exclusive use of a particular candidate. Any contribution so
1061	designated must be returned to the contributor and may not be
1062	used or expended by or on behalf of the candidate.
1063	(8)(7)(a) Any person who knowingly and willfully makes no
1064	more than one contribution in violation of subsection (1),
1065	subsection (2),or subsection(6)(5), or any person who
1066	knowingly and willfully fails or refuses to return any
1067	contribution as required in subsection(4)(3), commits a
1068	misdemeanor of the first degree, punishable as provided in s.
1069	775.082 or s. 775.083. If any corporation, partnership, or other
1070	business entity or any political party, political committee, or
1071	committee of continuous existence is convicted of knowingly and
1072	willfully violating any provision punishable under this
1073	paragraph, it shall be fined not less than $1,000 and not more
1074	than $10,000. If it is a domestic entity, it may be ordered
1075	dissolved by a court of competent jurisdiction; if it is a
1076	foreign or nonresident business entity, its right to do business
1077	in this state may be forfeited. Any officer, partner, agent,
1078	attorney, or other representative of a corporation, partnership,
1079	or other business entity or of a political party, political
1080	committee, or committee of continuous existence who aids, abets,
1081	advises, or participates in a violation of any provision
1082	punishable under this paragraph commits a misdemeanor of the
1083	first degree, punishable as provided in s. 775.082 or s.
1084	775.083.
1085	(b) Any person who knowingly and willfully makes two or
1086	more contributions in violation of subsection (1), subsection
1087	(2),or subsection(6)(5)commits a felony of the third degree,
1088	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1089	If any corporation, partnership, or other business entity or any
1090	political party, political committee, or committee of continuous
1091	existence is convicted of knowingly and willfully violating any
1092	provision punishable under this paragraph, it shall be fined not
1093	less than $10,000 and not more than $50,000. If it is a domestic
1094	entity, it may be ordered dissolved by a court of competent
1095	jurisdiction; if it is a foreign or nonresident business entity,
1096	its right to do business in this state may be forfeited. Any
1097	officer, partner, agent, attorney, or other representative of a
1098	corporation, partnership, or other business entity, or of a
1099	political committee, committee of continuous existence, or
1100	political party who aids, abets, advises, or participates in a
1101	violation of any provision punishable under this paragraph
1102	commits a felony of the third degree, punishable as provided in
1103	s. 775.082, s. 775.083, or s. 775.084.
1104	(9)(8)Except when otherwise provided in subsection(8)
1105	(7), any person who knowingly and willfully violates any
1106	provision of this section shall, in addition to any other
1107	penalty prescribed by this chapter, pay to the state a sum equal
1108	to twice the amount contributed in violation of this chapter.
1109	Each campaign treasurer shall pay all amounts contributed in
1110	violation of this section to the state for deposit in the
1111	General Revenue Fund.
1112	(10)(9)This section does not apply to the transfer of
1113	funds between a primary campaign depository and a savings
1114	account or certificate of deposit or to any interest earned on
1115	such account or certificate.
1116	Section 5. Section 106.087, Florida Statutes, is amended
1117	to read:
1118	106.087 Independent expenditures; contribution limits;
1119	restrictions on political parties, political committees, and
1120	committees of continuous existence.--
1121	(1)(a)As a condition of receiving a rebate of filing fees
1122	and party assessment funds pursuant to s. 99.061(2), s.
1123	99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
1124	treasurer of a state or county executive committee shall take
1125	and subscribe to an oath or affirmation in writing. During the
1126	qualifying period for state candidates and prior to distribution
1127	of such funds, a printed copy of the oath or affirmation shall
1128	be filed with the Secretary of State and shall be substantially
1129	in the following form:
1130
1131	State of Florida
1132	County of_____
1133	Before me, an officer authorized to administer oaths,
1134	personally appeared ... (name) ..., to me well known, who,
1135	being sworn, says that he or she is the ... (title) ... of the
1136	... (name of party) ... ... (state or specified county) ...
1137	executive committee; that the executive committee has not made,
1138	either directly or indirectly, an independent expenditure in
1139	support of or opposition to a candidate or elected public
1140	official in the prior 6 months; that the executive committee
1141	will not make, either directly or indirectly, an independent
1142	expenditure in support of or opposition to a candidate or
1143	elected public official, through and including the upcoming
1144	general election; and that the executive committee will not
1145	violate the contribution limits applicable to candidates under
1146	s. 106.08(3)(2), Florida Statutes.
1147	... (Signature of committee officer) ...
1148	... (Address) ...
1149
1150	Sworn to and subscribed before me this _____ day of _____, ...
1151	(year) ..., at _____ County, Florida.
1152	... (Signature and title of officer administering oath) ...
1153
1154	(2)(b)Any executive committee found to have violated the
1155	provisions of the oath or affirmation in this section prior to
1156	receiving funds shall be ineligible to receive the rebate for
1157	that general election year.
1158	(3)(c)Any executive committee found to have violated the
1159	provisions of the oath or affirmation in this section after
1160	receiving funds shall be ineligible to receive the rebate from
1161	candidates qualifying for the following general election cycle.
1162	(4)(d)Any funds not distributed to the state or county
1163	executive committee pursuant to this section shall be deposited
1164	into the General Revenue Fund of the state.
1165	(2)(a) Any political committee or committee of continuous
1166	existence that accepts the use of public funds, equipment,
1167	personnel, or other resources to collect dues from its members
1168	agrees not to make independent expenditures in support of or
1169	opposition to a candidate or elected public official. However,
1170	expenditures may be made for the sole purpose of jointly
1171	endorsing three or more candidates.
1172	(b) Any political committee or committee of continuous
1173	existence that violates this subsection is liable for a civil
1174	fine of up to $5,000 to be determined by the Florida Elections
1175	Commission or the entire amount of the expenditures, whichever
1176	is greater.
1177	Section 6. For the purpose of incorporating the amendments
1178	to sections 106.08 and 106.265, Florida Statutes, in references
1179	thereto, section 106.19, Florida Statutes, is reenacted to read:
1180	106.19 Violations by candidates, persons connected with
1181	campaigns, and political committees.--
1182	(1) Any candidate; campaign manager, campaign treasurer,
1183	or deputy treasurer of any candidate; committee chair, vice
1184	chair, campaign treasurer, deputy treasurer, or other officer of
1185	any political committee; agent or person acting on behalf of any
1186	candidate or political committee; or other person who knowingly
1187	and willfully:
1188	(a) Accepts a contribution in excess of the limits
1189	prescribed by s. 106.08;
1190	(b) Fails to report any contribution required to be
1191	reported by this chapter;
1192	(c) Falsely reports or deliberately fails to include any
1193	information required by this chapter; or
1194	(d) Makes or authorizes any expenditure in violation of s.
1195	106.11(4) or any other expenditure prohibited by this chapter;
1196
1197	is guilty of a misdemeanor of the first degree, punishable as
1198	provided in s. 775.082 or s. 775.083.
1199	(2) Any candidate, campaign treasurer, or deputy
1200	treasurer; any chair, vice chair, or other officer of any
1201	political committee; any agent or person acting on behalf of any
1202	candidate or political committee; or any other person who
1203	violates paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d)
1204	shall be subject to a civil penalty equal to three times the
1205	amount involved in the illegal act. Such penalty may be in
1206	addition to the penalties provided by subsection (1) and shall
1207	be paid into the General Revenue Fund of this state.
1208	(3) A political committee sponsoring a constitutional
1209	amendment proposed by initiative which submits a petition form
1210	gathered by a paid petition circulator which does not provide
1211	the name and address of the paid petition circulator on the form
1212	is subject to the civil penalties prescribed in s. 106.265.
1213	Section 7. Subsection (6) of section 106.29, Florida
1214	Statutes, is amended to read:
1215	106.29 Reports by political parties; restrictions on
1216	contributions and expenditures; penalties.--
1217	(6)(a) The national, state, and county executive
1218	committees of a political party, including any subordinate
1219	committee of a national, state, or county executive committee of
1220	a political party,may not contribute to any candidate any
1221	amount in excess of the limits contained in s. 106.08(3)(2), and
1222	all contributions required to be reported under s. 106.08(2) by
1223	the national executive committee of a political party shall be
1224	reported by the state executive committee of that political
1225	party.
1226	(b) A violation of the contribution limits contained in s.
1227	106.08(3)(2)is a misdemeanor of the first degree, punishable as
1228	provided in s. 775.082 or s. 775.083. A civil penalty equal to
1229	three times the amount in excess of the limits contained in s.
1230	106.08(3)(2)shall be assessed against any executive committee
1231	found in violation thereof.
1232	Section 8.Sections 106.30, 106.31, 106.32, 106.33,
1233	106.34, 106.35, 106.353, 106.355, and 106.36, Florida Statutes,
1234	are repealed.
1235	Section 9. Paragraph (b) of subsection (1) of section
1236	106.07, Florida Statutes, is amended to read:
1237	106.07 Reports; certification and filing.--
1238	(1) Each campaign treasurer designated by a candidate or
1239	political committee pursuant to s. 106.021 shall file regular
1240	reports of all contributions received, and all expenditures
1241	made, by or on behalf of such candidate or political committee.
1242	Reports shall be filed on the 10th day following the end of each
1243	calendar quarter from the time the campaign treasurer is
1244	appointed, except that, if the 10th day following the end of a
1245	calendar quarter occurs on a Saturday, Sunday, or legal holiday,
1246	the report shall be filed on the next following day which is not
1247	a Saturday, Sunday, or legal holiday. Quarterly reports shall
1248	include all contributions received and expenditures made during
1249	the calendar quarter which have not otherwise been reported
1250	pursuant to this section.
1251	(b) Following the last day of qualifying for office, any
1252	statewideor legislativecandidate who has requested to receive
1253	contributions from theClean MoneyElection Campaign Financing
1254	Trust Fund or any statewideor legislativecandidate in a race
1255	with a candidate who has requested to receive contributions from
1256	the trust fund shall file reports on the 4th, 11th, 18th, 25th,
1257	and 32nd days prior to the first primary and general elections,
1258	and on the 4th, 11th, 18th, and 25th days prior to the second
1259	primary.
1260	Section 10. Subsection (4) of section 106.141, Florida
1261	Statutes, is amended to read:
1262	106.141 Disposition of surplus funds by candidates.--
1263	(4)(a) Except as provided in paragraph (b), any candidate
1264	required to dispose of funds pursuant to this section shall, at
1265	the option of the candidate, dispose of such funds by any of the
1266	following means, or any combination thereof:
1267	1. Return pro rata to each contributor the funds that have
1268	not been spent or obligated.
1269	2. Donate the funds that have not been spent or obligated
1270	to a charitable organization or organizations that meet the
1271	qualifications of s. 501(c)(3) of the Internal Revenue Code.
1272	3. Give not more than $10,000 of the funds that have not
1273	been spent or obligated to the political party of which such
1274	candidate is a member.
1275	4. Give the funds that have not been spent or obligated:
1276	a. In the case of a candidate for state office, to the
1277	state, to be deposited in either theClean MoneyElection
1278	Campaign FinancingTrust Fund or the General Revenue Fund, as
1279	designated by the candidate; or
1280	b. In the case of a candidate for an office of a political
1281	subdivision, to such political subdivision, to be deposited in
1282	the general fund thereof.
1283	(b) Any candidate required to dispose of funds pursuant to
1284	this section who has received contributions from theClean Money
1285	Election Campaign FinancingTrust Fund shall return all surplus
1286	campaign funds to theClean MoneyElection Campaign Financing
1287	Trust Fund.
1288	Section 11. Subsection (6) of section 106.22, Florida
1289	Statutes, is amended to read:
1290	106.22 Duties of the Division of Elections.--It is the
1291	duty of the Division of Elections to:
1292	(6) Make, from time to time, audits and field
1293	investigations with respect to reports and statements filed
1294	under the provisions of this chapter and with respect to alleged
1295	failures to file any report or statement required under the
1296	provisions of this chapter. The division shall conduct a
1297	postelection audit of the campaign accounts of all candidates
1298	receiving contributions from theClean MoneyElection Campaign
1299	FinancingTrust Fund.
1300	Section 12. Subsections (3) and (4) of section 106.265,
1301	Florida Statutes, are amended to read:
1302	106.265 Civil penalties.--
1303	(3)(a)Any civil penalty collected pursuant to the
1304	provisions of this section shall be deposited into theClean
1305	MoneyElection Campaign FinancingTrust Fund.
1306	(b)(4)Notwithstanding any other provisions of this
1307	chapter, any fine assessed pursuant to the provisions of this
1308	chapter, which fine is designated to be deposited or which would
1309	otherwise be deposited into the General Revenue Fund of the
1310	state, shall be deposited into theClean MoneyElection Campaign
1311	FinancingTrust Fund.
1312	(c) A 10-percent surcharge shall be assessed against each
1313	civil fine required to be deposited into the Clean Money Trust
1314	Fund, and the funds from the surcharge shall also be deposited
1315	into the Clean Money Trust Fund.
1316	Section 13. Subsection (13) of section 199.052, Florida
1317	Statutes, is amended to read:
1318	199.052 Annual tax returns; payment of annual tax.--
1319	(13) The annual intangible tax return shall include
1320	language permitting a voluntary contribution of $5 per taxpayer,
1321	which contribution shall be transferred into theClean Money
1322	Election Campaign FinancingTrust Fund. A statement providing an
1323	explanation of the purpose of the trust fund shall also be
1324	included.
1325	Section 14. Subsection (13) of section 320.02, Florida
1326	Statutes, is amended to read:
1327	320.02 Registration required; application for
1328	registration; forms.--
1329	(13) The application form for motor vehicle registration
1330	shall include language permitting a voluntary contribution of $5
1331	per applicant, which contribution shall be transferred into the
1332	Clean MoneyElection Campaign FinancingTrust Fund. A statement
1333	providing an explanation of the purpose of the trust fund shall
1334	also be included.
1335	Section 15. Paragraph (a) of subsection (6) of section
1336	322.08, Florida Statutes, is amended to read:
1337	322.08 Application for license.--
1338	(6) The application form for a driver's license or
1339	duplicate thereof shall include language permitting the
1340	following:
1341	(a) A voluntary contribution of $5 per applicant, which
1342	contribution shall be transferred into theClean MoneyElection
1343	Campaign FinancingTrust Fund.
1344
1345	A statement providing an explanation of the purpose of the trust
1346	funds shall also be included.
1347	Section 16. Subsection (11) of section 328.72, Florida
1348	Statutes, is amended to read:
1349	328.72 Classification; registration; fees and charges;
1350	surcharge; disposition of fees; fines; marine turtle stickers.--
1351	(11) VOLUNTARY CONTRIBUTIONS.--The application form for
1352	boat registration shall include a provision to allow each
1353	applicant to indicate a desire to pay an additional voluntary
1354	contribution to the Save the Manatee Trust Fund to be used for
1355	the purposes specified in s. 370.12(4). This contribution shall
1356	be in addition to all other fees and charges. The amount of the
1357	request for a voluntary contribution solicited shall be $2 or $5
1358	per registrant. A registrant who provides a voluntary
1359	contribution of $5 or more shall be given a sticker or emblem by
1360	the tax collector to display, which signifies support for the
1361	Save the Manatee Trust Fund. All voluntary contributions shall
1362	be deposited in the Save the Manatee Trust Fund and shall be
1363	used for the purposes specified in s. 370.12(4). The form shall
1364	also include language permitting a voluntary contribution of $5
1365	per applicant, which contribution shall be transferred into the
1366	Clean MoneyElection Campaign FinancingTrust Fund. A statement
1367	providing an explanation of the purpose of the trust fund shall
1368	also be included.
1369	Section 17. Subsection (1) of section 607.1622, Florida
1370	Statutes, is amended to read:
1371	607.1622 Annual report for Department of State.--
1372	(1) Each domestic corporation and each foreign corporation
1373	authorized to transact business in this state shall deliver to
1374	the Department of State for filing a sworn annual report on such
1375	forms as the Department of State prescribes that sets forth:
1376	(a) The name of the corporation and the state or country
1377	under the law of which it is incorporated;
1378	(b) The date of incorporation or, if a foreign
1379	corporation, the date on which it was admitted to do business in
1380	this state;
1381	(c) The address of its principal office and the mailing
1382	address of the corporation;
1383	(d) The corporation's federal employer identification
1384	number, if any, or, if none, whether one has been applied for;
1385	(e) The names and business street addresses of its
1386	directors and principal officers;
1387	(f) The street address of its registered office and the
1388	name of its registered agent at that office in this state;
1389	(g) Whether the corporation has liability for intangible
1390	taxes under s. 199.032. The Department of State shall annually
1391	prepare a list of those corporations that have indicated no
1392	intangible tax liability, and provide such list to the
1393	Department of Revenue;
1394	(h) Language permitting a voluntary contribution of $5 per
1395	taxpayer, which contribution shall be transferred into theClean
1396	MoneyElection Campaign FinancingTrust Fund. A statement
1397	providing an explanation of the purpose of the trust fund shall
1398	also be included; and
1399	(i) Such additional information as may be necessary or
1400	appropriate to enable the Department of State to carry out the
1401	provisions of this act.
1402	Section 18. For the purpose of incorporating the amendment
1403	to section 106.265, Florida Statutes, in a reference thereto,
1404	subsection (8) of section 106.143, Florida Statutes, is
1405	reenacted to read:
1406	106.143 Political advertisements circulated prior to
1407	election; requirements.--
1408	(8) Any person who willfully violates any provision of
1409	this section is subject to the civil penalties prescribed in s.
1410	106.265.
1411	Section 19. For the purpose of incorporating the amendment
1412	to section 106.265, Florida Statutes, in a reference thereto,
1413	subsection (2) of section 106.144, Florida Statutes, is
1414	reenacted to read:
1415	106.144 Endorsements or opposition by certain groups and
1416	organizations.--
1417	(2) Any officer, director, or other person acting on
1418	behalf of an organization who willfully violates the provisions
1419	of subsection (1) is subject to the civil penalties prescribed
1420	in s. 106.265.
1421	Section 20.If any provision of this act or the
1422	application thereof to any person or circumstance is held
1423	invalid, the invalidity shall not affect other provisions or
1424	applications of the act which can be given effect without the
1425	invalid provision or application, and to this end the provisions
1426	of this act are declared severable.
1427	Section 21. This act shall take effect July 1, 2003, if
1428	House Bill ___ or similar legislation creating the Clean Money
1429	Trust Fund is adopted in the same legislative session or an
1430	extension thereof and becomes law.
1431