HB 0869 2003
   
1 A bill to be entitled
2          An act relating to elections; providing a popular name;
3    amending s. 106.011, F.S.; redefining the term
4    "communications media"; amending s. 106.11, F.S.;
5    extending the time for unopposed candidates to purchase
6    "thank you" advertising; amending s. 106.141, F.S.;
7    extending the date for unopposed candidates to file a
8    termination report, to conform; amending s. 106.1437,
9    F.S.; modifying reporting requirements for miscellaneous
10    advertisements intended to influence public policy;
11    prescribing prohibitions and exemptions; prescribing
12    penalties; providing for severability; providing an
13    effective date.
14         
15          Be It Enacted by the Legislature of the State of Florida:
16         
17          Section 1. This act shall be known by the popular name of
18    the "Florida Advertising Campaign Exposure Act."
19          Section 2. Subsection (13) of section 106.011, Florida
20    Statutes, is amended to read:
21          106.011 Definitions.--As used in this chapter, the
22    following terms have the following meanings unless the context
23    clearly indicates otherwise:
24          (13) "Communications media" means broadcasting stations,
25    newspapers, magazines, outdoor advertising facilities, printers,
26    direct mailing companies, advertising agencies, the Internet,
27    and telephone companies; but with respect to telephones, an
28    expenditure shall be deemed to be an expenditure for the use of
29    communications media only if made for the costs of telephones,
30    paid telephonists, or automatic telephone equipment to be used
31    by a candidate or a political committee to communicate with
32    potential voters but excluding any costs of telephones incurred
33    by a volunteer for use of telephones by such volunteer.
34          Section 3. Subsection (5) of section 106.11, Florida
35    Statutes, is amended to read:
36          106.11 Expenses of and expenditures by candidates and
37    political committees.--Each candidate and each political
38    committee which designates a primary campaign depository
39    pursuant to s. 106.021(1) shall make expenditures from funds on
40    deposit in such primary campaign depository only in the
41    following manner, with the exception of expenditures made from
42    petty cash funds provided by s. 106.12:
43          (5) A candidate who withdraws his or her candidacy,
44    becomes an unopposed candidate, or is eliminated as a candidate
45    or elected to office may expend funds from the campaign account
46    to:
47          (a) Purchase "thank you" advertising for up to 75 days
48    after he or she withdraws, becomes unopposed,or is eliminated
49    or elected.
50          (b) Pay for items which were obligated before he or she
51    withdrew, became unopposed, or was eliminated or elected.
52          (c) Pay for expenditures necessary to close down the
53    campaign office and to prepare final campaign reports.
54          (d) Dispose of surplus funds as provided in s. 106.141.
55          Section 4. Subsection (1) of section 106.141, Florida
56    Statutes, is amended to read:
57          106.141 Disposition of surplus funds by candidates.--
58          (1) Each candidate who withdraws his or her candidacy,
59    becomes an unopposed candidate, or is eliminated as a candidate,
60    or is elected to office shall, no later than 90 days after such
61    withdrawal, elimination, or electionwithin 90 days, dispose of
62    the funds on deposit in his or her campaign account and file a
63    report reflecting the disposition of all remaining funds. Such
64    candidate shall not accept any contributions, nor shall any
65    person accept contributions on behalf of such candidate, after
66    the candidate withdraws his or her candidacy, becomes an
67    unopposed candidate, or is eliminated or elected. However, if a
68    candidate receives a refund check after all surplus funds have
69    been disposed of, the check may be endorsed by the candidate and
70    the refund disposed of under this section. An amended report
71    must be filed showing the refund and subsequent disposition.
72          Section 5. Section 106.1437, Florida Statutes, is amended
73    to read:
74          106.1437 Miscellaneous advertisements.--
75          (1) As used in this section, the term:
76          (a) "Electioneering advertisement" means a paid expression
77    in any communications media prescribed in s. 106.011(13)
78    published on the day of any election or any of the preceding 29
79    days which names or depicts a candidate for office in that
80    election or which references a clearly identifiable ballot
81    measure in that election. Any advertisement that qualifies as an
82    independent expenditure pursuant to s. 106.011(5) or a political
83    advertisement pursuant to s. 106.011(17) is not an
84    electioneering advertisement for purposes of this section.
85    However, the term does not include:
86          1. A statement or depiction by an organization, in
87    existence prior to the time during which the candidate named or
88    depicted qualifies or the issue clearly referenced is placed on
89    the ballot for that election, made in that organization's
90    newsletter, which newsletter is distributed only to members of
91    that organization.
92          2. An editorial endorsement by any newspaper, radio, or
93    television station or other recognized news medium.
94          (b) "Contribution" means:
95          1. A gift, subscription, conveyance, deposit, loan,
96    payment, or distribution of money or anything of value,
97    including contributions in kind having an attributable monetary
98    value in any form, made for the purpose of funding or sponsoring
99    an electioneering advertisement.
100          2. A transfer of funds between a political committee or a
101    committee or continuous existence and a person funding or
102    sponsoring an electioneering advertisement.
103          3. The payment, by any person other than a candidate or
104    political committee, of compensation for the personal services
105    of another person which are rendered to a person funding or
106    sponsoring an electioneering advertisement.
107          (c) "Expenditure" means a purchase, payment, distribution,
108    loan, advance, or gift of money or anything of value made for
109    the purpose of funding or sponsoring an electioneering
110    advertisement. However, the term does not include a purchase,
111    payment, distribution, loan, advance, or gift of money or
112    anything of value made for the purpose of funding or sponsoring
113    an electioneering advertisement when made by an organization, in
114    existence prior to the time during which a candidate qualifies
115    or a ballot measure is placed on the ballot for that election,
116    for the purpose of printing or distributing such organization's
117    newsletter, containing a statement by such organization in
118    support of or opposition to a candidate or ballot measure, which
119    newsletter is distributed only to members of such organization.
120          (2) Each person that sponsors or funds an electioneering
121    advertisement must file regular reports of all contributions
122    received and all expenditures made by such person with the same
123    officer as a political committee supporting or opposing the
124    candidate named or depicted or the ballot measure referenced in
125    the advertisement. Such reports must contain the same
126    information and are subject to the same filing requirements as
127    reports required under s. 106.07 for candidates not receiving
128    public financing.
129          (3)(a) If the initial publication of the electioneering
130    advertisement occurs after the final regular report is due under
131    subsection (2) but prior to the closing of the polls on election
132    day, the person funding or sponsoring the advertisement must
133    file a report electronically with the division no later than 1
134    hour after the initial publication of the advertisement. The
135    report must contain the same information as required of a
136    candidate by s. 106.07(4). Upon receipt of the filing, the
137    division shall electronically transmit a confirmation of receipt
138    to the person filing the report. If the person is unable to file
139    electronically for any reason, a written report containing the
140    required information may be faxed or hand delivered to the
141    division no later than 1 hour after the initial publication of
142    the advertisement. However, if a report due to be filed under
143    this paragraph on a Saturday, Sunday, or legal holiday cannot be
144    electronically filed because of problems with Internet
145    communications, the report must be filed either electronically,
146    by facsimile, or by hand delivery with the division no later
147    than 10 a.m. on the next business day.
148          (b) The division shall adopt rules providing for
149    electronic filing which must, at a minimum, provide that:
150          1. The division develop an electronic filing system using
151    the Internet or other on-line technologies; and
152          2. The system be reasonably secure and be designed to
153    elicit the name, address, birthdate, and any other information
154    necessary to authenticate the identity of the person submitting
155    the report.
156          (c) Information filed with the division pursuant to this
157    subsection must also be included on the next regular report
158    required under subsection (2).
159          (4)(a) The following persons shall be responsible for
160    filing the reports required in subsections (2) and (3), shall
161    certify as to the correctness of each report, and shall bear the
162    responsibility for the accuracy and veracity of each report:
163          1. The candidate and his or her campaign treasurer, if the
164    person funding or sponsoring the electioneering advertisement is
165    a candidate.
166          2. The committee chair and treasurer of the committee, if
167    the person funding or sponsoring the electioneering
168    advertisement is a political committee, committee of continuous
169    existence, or executive committee of a political party;
170          3. The individual, if the person funding or sponsoring the
171    electioneering advertisement is a natural person who is not a
172    candidate; or
173          4. An individual designated by the organization, if the
174    person funding or sponsoring the electioneering advertisement is
175    a group other than a political committee, committee of
176    continuous existence, or executive committee of a political
177    party. The name, address, and title of the designated individual
178    must be filed with the division in writing prior to, or
179    contemporaneous with, the filing of the initial report.
180         
181          Such a person is liable for violations of report filing
182    requirements to the same extent as candidates pursuant to ss.
183    106.07(5), 106.19, and 106.265.
184          (b) In addition to the penalties prescribed in paragraph
185    (a), the person funding or sponsoring an electioneering
186    advertisement and the person responsible for reporting pursuant
187    to this subsection shall be jointly and severally liable for
188    late filing fines assessed by the Florida Elections Commission
189    pursuant to s. 106.07(8). Any such person may appeal or dispute
190    the fine in accordance with the provisions of s. 106.07(8)(c).
191          (5)(a) Any electioneering advertisement must prominently
192    state, "Paid advertisement paid for or sponsored by ...(Name of
193    person funding or sponsoring the electioneering
194    advertisement)...," followed by the address of the person
195    funding or sponsoring the advertisement.
196          (b) The Florida Elections Commission is authorized upon
197    finding a violation of this subsection to impose a civil penalty
198    in the form of fines not to exceed $5,000 or the total cost of
199    the advertisements without the proper disclaimer, whichever is
200    greater. In determining the amount of the penalty, the
201    commission must consider any mitigating or aggravating
202    circumstances prescribed in s. 106.265. This penalty shall
203    substitute for the penalties provided in s. 106.265, shall be
204    deposited into the General Revenue Fund of the state, and, if
205    necessary, shall be collected pursuant to s. 106.265(2).
206          (6) A person may not make a contribution through or in the
207    name of another, directly or indirectly, for the purpose of
208    funding an electioneering advertisement.Any advertisement,
209    other than a political advertisement, on billboards, bumper
210    stickers, radio, or television, or in a newspaper, a magazine,
211    or a periodical, intended to influence public policy or the vote
212    of a public official, shall clearly designate the sponsor of
213    such advertisement by including a clearly readable statement of
214    sponsorship. If the advertisement is broadcast on television,
215    the advertisement shall also contain a verbal statement of
216    sponsorship. This section shall not apply to an editorial
217    endorsement.
218          Section 6. If any provision of this act or its application
219    to any person or circumstance is held invalid, the invalidity
220    does not affect other provisions or applications of the act
221    which can be given effect without the invalid provision or
222    application, and to this end the provisions of this act are
223    severable.
224          Section 7. This act shall take effect January 1, 2004.