HB 1529

1
A bill to be entitled
2An act relating to campaign financing; providing a popular
3name; amending s. 106.011, F.S.; revising definitions of
4the terms "political committee," "contribution," and
5"expenditure" to provide applicability with respect to
6elected public officials; revising the definition of the
7term "political advertisement" to provide a presumption
8with respect to certain advertisements and to provide
9certain exceptions thereto; amending s. 106.021, F.S.;
10eliminating a provision that authorizes the unrestricted
11expenditure of funds by a political committee or political
12party for the purpose of jointly endorsing three or more
13candidates; amending s. 106.03, F.S.; providing additional
14requirements for registration of political committees and
15certification of committees of continuous existence;
16providing penalties and applicability; amending s. 106.04,
17F.S.; requiring committees of continuous existence to
18update certain certification information; requiring an up-
19to-date membership list with the application for
20certification and with each annual and regular report;
21specifying information membership lists must provide;
22requiring membership dues to be reported in the same
23manner as regular contributions; requiring the treasurer
24of each committee of continuous existence to certify that
25the contributions received and expenditures made by the
26committee were not solicited, received, directed,
27transferred, or spent by an elected public officer of the
28state or any of its political subdivisions or by any agent
29or person acting on behalf of such officer; prohibiting
30committees of continuous existence from making
31expenditures in support of or opposition to an elected
32public official without registering as a political
33committee; providing an exception; providing that records
34of a committee of continuous existence relating to
35political activities are public records; revising the fine
36for late filing of reports by committees of continuous
37existence; providing penalties; amending s. 106.07, F.S.;
38correcting a cross reference, to conform; amending s.
39106.087, F.S.; eliminating a provision that authorizes
40independent expenditures by certain political committees
41and committees of continuous existence for the purpose of
42jointly endorsing three or more candidates; creating s.
43104.311, F.S.; prohibiting elected public officers, and
44agents or persons acting on behalf of such officers, from
45soliciting, receiving, directing, transferring, or
46spending a contribution or expenditure to or on behalf of
47a committee of continuous existence; prohibiting elected
48public officers from serving as chair, treasurer, deputy
49treasurer, or any other officer of a committee of
50continuous existence; providing civil and criminal
51penalties; providing for severability; providing effective
52dates.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  This act shall be known by the popular name the
57"Marjorie Turnbull Campaign Finance Reform Act."
58     Section 2.  Effective July 1, 2004, subsections (1), (3),
59(4), and (17) of section 106.011, Florida Statutes, are amended
60to read:
61     106.011  Definitions.--As used in this chapter, the
62following terms have the following meanings unless the context
63clearly indicates otherwise:
64     (1)(a)  "Political committee" means:
65     1.  A combination of two or more individuals, or a person
66other than an individual, that, in an aggregate amount in excess
67of $500 during a single calendar year:
68     a.  Accepts contributions for the purpose of making
69contributions to any candidate, elected public official,
70political committee, committee of continuous existence, or
71political party;
72     b.  Accepts contributions for the purpose of expressly
73advocating the election or defeat of a candidate or an elected
74public official or the passage or defeat of an issue;
75     c.  Makes expenditures that expressly advocate the election
76or defeat of a candidate or an elected public official or the
77passage or defeat of an issue; or
78     d.  Makes contributions to a common fund, other than a
79joint checking account between spouses, from which contributions
80are made to any candidate, elected public official, political
81committee, committee of continuous existence, or political
82party.
83     2.  The sponsor of a proposed constitutional amendment by
84initiative who intends to seek the signatures of registered
85electors.
86     (b)  Notwithstanding paragraph (a), the following entities
87are not considered political committees for purposes of this
88chapter:
89     1.  Organizations which are certified by the Department of
90State as committees of continuous existence pursuant to s.
91106.04, national political parties, and the state and county
92executive committees of political parties regulated by chapter
93103.
94     2.  Corporations regulated by chapter 607 or chapter 617 or
95other business entities formed for purposes other than to
96support or oppose issues or candidates, if their political
97activities are limited to contributions to candidates, elected
98public officials, political parties, or political committees or
99expenditures in support of or opposition to an issue or an
100elected public official from corporate or business funds and if
101no contributions are received by such corporations or business
102entities.
103     (3)  "Contribution" means:
104     (a)  A gift, subscription, conveyance, deposit, loan,
105payment, or distribution of money or anything of value,
106including contributions in kind having an attributable monetary
107value in any form, made for the purpose of influencing the
108results of an election.
109     (b)  A transfer of funds between political committees,
110between committees of continuous existence, or between a
111political committee and a committee of continuous existence.
112     (c)  The payment, by any person other than a candidate or
113political committee, of compensation for the personal services
114of another person which are rendered to a candidate or political
115committee without charge to the candidate or committee for such
116services.
117     (d)  The transfer of funds by a campaign treasurer or
118deputy campaign treasurer between a primary depository and a
119separate interest-bearing account or certificate of deposit, and
120the term includes any interest earned on such account or
121certificate.
122     (e)  Any funds received by a political committee which are
123used or intended to be used, directly or indirectly, to pay for
124a political advertisement supporting or opposing an elected
125public official.
126
127Notwithstanding the foregoing meanings of "contribution," the
128word shall not be construed to include services, including, but
129not limited to, legal and accounting services, provided without
130compensation by individuals volunteering a portion or all of
131their time on behalf of a candidate or political committee. This
132definition shall not be construed to include editorial
133endorsements.
134     (4)  "Expenditure" means a purchase, payment, distribution,
135loan, advance, transfer of funds by a campaign treasurer or
136deputy campaign treasurer between a primary depository and a
137separate interest-bearing account or certificate of deposit, or
138gift of money or anything of value made for the purpose of
139influencing the results of an election or for purchasing a
140political advertisement supporting or opposing an elected public
141official. However, "expenditure" does not include a purchase,
142payment, distribution, loan, advance, or gift of money or
143anything of value made for the purpose of influencing the
144results of an election when made by an organization, in
145existence prior to the time during which a candidate qualifies
146or an issue is placed on the ballot for that election, for the
147purpose of printing or distributing such organization's
148newsletter, containing a statement by such organization in
149support of or opposition to a candidate or issue, which
150newsletter is distributed only to members of such organization.
151     (17)(a)  "Political advertisement" means a paid expression
152in any communications media prescribed in subsection (13),
153whether radio, television, newspaper, magazine, periodical,
154campaign literature, direct mail, or display or by means other
155than the spoken word in direct conversation, which shall support
156or oppose any candidate, elected public official, or issue. In
157addition, an advertisement is presumed to be a political
158advertisement if it is a paid expression in any communications
159media described in subsection (13), whether radio, television,
160newspaper, magazine, periodical, campaign literature, direct
161mail, or display or by means other than the spoken word in
162direct conversation, which substantially mentions or shows a
163clearly identifiable candidate for election or reelection and is
164distributed at any point during the period following the last
165day of qualifying for that candidacy through the ensuing general
166election and which, when examined by a reasonable person, would
167be understood as a communication made for the purpose of
168influencing the results of an election on that candidacy during
169that period and for which aggregate expenditures on like
170advertisements exceed $1,000.
171     (b)  However, "Political advertisement" does not include:
172     1.(a)  A statement by an organization, in existence prior
173to the time during which a candidate qualifies or an issue is
174placed on the ballot for that election, in support of or
175opposition to a candidate or issue, in that organization's
176newsletter, which newsletter is distributed only to the members
177of that organization.
178     2.(b)  Editorial endorsements by any newspaper, radio or
179television station, or other recognized news medium.
180     3.  A paid expression in any communications media which
181mentions or shows a clearly identifiable candidate for election
182or reelection which:
183     a.  Advertises a business rather than the candidate, is
184paid for out of funds of that business, and is similar to other
185advertisements for that business which have mentioned or shown
186the candidate and have been distributed regularly over a period
187of at least 1 year before the qualifying period for that
188candidacy; or
189     b.  Is distributed or broadcast only to areas other than
190the geographical area of the electorate for that candidacy.
191     Section 3.  Effective July 1, 2004, subsection (3) of
192section 106.021, Florida Statutes, is amended to read:
193     106.021  Campaign treasurers; deputies; primary and
194secondary depositories.--
195     (3)  Except for independent expenditures, no contribution
196or expenditure, including contributions or expenditures of a
197candidate or of the candidate's family, shall be directly or
198indirectly made or received in furtherance of the candidacy of
199any person for nomination or election to political office in the
200state or on behalf of any political committee except through the
201duly appointed campaign treasurer of the candidate or political
202committee; however, a candidate or any other individual may be
203reimbursed for expenses incurred for travel, food and beverage,
204office supplies, and mementos expressing gratitude to campaign
205supporters by a check drawn upon the campaign account and
206reported pursuant to s. 106.07(4). In addition, expenditures may
207be made directly by any political committee or political party
208regulated by chapter 103 for obtaining time, space, or services
209in or by any communications medium for the purpose of jointly
210endorsing three or more candidates, and any such expenditure
211shall not be considered a contribution or expenditure to or on
212behalf of any such candidates for the purposes of this chapter.
213     Section 4.  Section 106.03, Florida Statutes, is amended to
214read:
215     106.03  Registration of political committees.--
216     (1)  Each political committee which anticipates receiving
217contributions or making expenditures during a calendar year in
218an aggregate amount exceeding $500 or which is seeking the
219signatures of registered electors in support of an initiative
220shall file a statement of organization as provided in subsection
221(4) (3) within 10 days after its organization or, if later,
222within 10 days after the date on which it has information which
223causes the committee to anticipate that it will receive
224contributions or make expenditures in excess of $500. If a
225political committee is organized within 10 days before of any
226election, it shall immediately file the statement of
227organization required by this section.
228     (2)  The statement of organization shall include:
229     (a)  The name and address of the committee;
230     (b)  The names, addresses, and relationships of affiliated
231or connected organizations;
232     (c)  The area, scope, or jurisdiction of the committee;
233     (d)  The name, address, and position, and principal
234employer of the custodian of books and accounts;
235     (e)  The name, address, and position, and principal
236employer of each other principal officer officers, including
237officers and members of the finance committee, if any;
238     (f)  The name, address, office sought, and party
239affiliation of:
240     1.  Each candidate whom the committee is supporting;
241     2.  Any other individual, if any, whom the committee is
242supporting for nomination for election, or election, to any
243public office whatever;
244     (g)  Any issue or issues such organization is supporting or
245opposing;
246     (h)  If the committee is supporting the entire ticket of
247any party, a statement to that effect and the name of the party;
248     (i)  A statement of whether the committee is a continuing
249one;
250     (j)  Plans for the disposition of residual funds which will
251be made in the event of dissolution;
252     (k)  A listing of all banks, safe-deposit boxes, or other
253depositories used for committee funds; and
254     (l)  A statement of the reports required to be filed by the
255committee with federal officials, if any, and the names,
256addresses, and positions of such officials.
257     (3)(a)  The name of the committee provided in the statement
258of organization must include the name of the corporation, labor
259union, professional association, political committee, committee
260of continuous existence, or other business entity whose
261officials, employees, agents, or members, directly or
262indirectly, established or organized the committee, if any.
263     (b)  If the name of the committee provided in the statement
264of organization does not include the name of a corporation,
265labor union, professional association, political committee,
266committee of continuous existence, or other business entity, the
267name must include the economic or special interest, if
268identifiable, principally represented by the committee's
269organizers or intended to be advanced by the committee's
270receipts.
271     (c)  Any person who knowingly and willfully violates this
272subsection shall be fined not less than $1,000 and not more than
273$10,000 for each violation. Any officer, partner, agent,
274attorney, or other representative of a corporation, labor union,
275professional association, political committee, committee of
276continuous existence, or other business entity who aids, abets,
277advises, or participates in a violation of any provision of this
278subsection shall be fined not less than $1,000 and not more than
279$10,000 for each violation.
280     (4)(3)(a)  A political committee which is organized to
281support or oppose statewide, legislative, or multicounty
282candidates or issues to be voted upon on a statewide or
283multicounty basis shall file a statement of organization with
284the Division of Elections.
285     (b)  Except as provided in paragraph (c), a political
286committee which is organized to support or oppose candidates or
287issues to be voted on in a countywide election or candidates or
288issues in any election held on less than a countywide basis
289shall file a statement of organization with the supervisor of
290elections of the county in which such election is being held.
291     (c)  A political committee which is organized to support or
292oppose only candidates for municipal office or issues to be
293voted on in a municipal election shall file a statement of
294organization with the officer before whom municipal candidates
295qualify.
296     (d)  Any political committee which would be required under
297this subsection to file a statement of organization in two or
298more locations by reason of the committee's intention to support
299or oppose candidates or issues at state or multicounty and local
300levels of government need file only with the Division of
301Elections.
302     (5)(4)  Any change in information previously submitted in a
303statement of organization shall be reported to the agency or
304officer with whom such committee is required to register
305pursuant to subsection (4) (3), within 10 days following the
306change.
307     (6)(5)  Any committee which, after having filed one or more
308statements of organization, disbands or determines it will no
309longer receive contributions or make expenditures during the
310calendar year in an aggregate amount exceeding $500 shall so
311notify the agency or officer with whom such committee is
312required to file the statement of organization.
313     (7)(6)  If the filing officer finds that a political
314committee has filed its statement of organization consistent
315with the requirements of subsections subsection (2) and (3), it
316shall notify the committee in writing that it has been
317registered as a political committee. If the filing officer finds
318that a political committee's statement of organization does not
319meet the requirements of subsections subsection (2) and (3), it
320shall notify the committee of such finding and shall state in
321writing the reasons for rejection of the statement of
322organization.
323     (8)(7)  The Division of Elections shall adopt promulgate
324rules to prescribe the manner in which inactive committees may
325be dissolved and have their registration canceled. Such rules
326shall, at a minimum, provide for:
327     (a)  Notice which shall contain the facts and conduct which
328warrant the intended action, including but not limited to
329failure to file reports and limited activity.
330     (b)  Adequate opportunity to respond.
331     (c)  Appeal of the decision to the Florida Elections
332Commission. Such appeals shall be exempt from the
333confidentiality provisions of s. 106.25.
334     Section 5.  Section 106.04, Florida Statutes, is amended to
335read:
336     106.04  Committees of continuous existence.--
337     (1)  In order to qualify as a committee of continuous
338existence for the purposes of this chapter, a group,
339organization, association, or other such entity which is
340involved in making contributions to candidates, political
341committees, or political parties, shall meet the following
342criteria:
343     (a)  It shall be organized and operated in accordance with
344a written charter or set of bylaws which contains procedures for
345the election of officers and directors and which clearly defines
346membership in the organization; and
347     (b)  At least 25 percent of the income of such
348organization, excluding interest, must be derived from dues or
349assessments payable on a regular basis by its membership
350pursuant to provisions contained in the charter or bylaws.
351     (2)  Any group, organization, association, or other entity
352may seek certification from the Department of State as a
353committee of continuous existence by filing an application with
354the Division of Elections on a form provided by the division.
355Such application shall provide the information required of
356political committees by s. 106.03(2) and (3), and any change in
357such information shall be reported pursuant to s. 106.03(5).
358Each application shall be accompanied by the name and street
359address of the principal officer of the applying entity as of
360the date of the application; a copy of the charter or bylaws of
361the organization; a copy of the dues or assessment schedule of
362the organization, or formula by which dues or assessments are
363levied; an up-to-date membership list; and a complete financial
364statement or annual audit summarizing all income received, and
365all expenses incurred, by the organization during the 12 months
366preceding the date of application. The membership list must
367provide the name and occupation of, and the amount of dues paid
368by, each member of the organization and shall be updated and
369submitted with each annual and regular report filed pursuant to
370subsection (4). A membership list shall be made available for
371inspection if deemed necessary by the division.
372     (3)  If the Division of Elections finds that an applying
373organization meets the criteria for a committee of continuous
374existence as provided by subsection (1), it shall certify such
375findings and notify the applying organization of such
376certification. If it finds that an applying organization does
377not meet the criteria for certification, it shall notify the
378organization of such findings and shall state the reasons why
379such criteria are not met.
380     (4)(a)  Each committee of continuous existence shall file
381an annual report with the Division of Elections during the month
382of January. Such annual reports shall contain the same
383information and shall be accompanied by the same materials as
384original applications filed pursuant to subsection (2). However,
385the charter or bylaws need not be filed if the annual report is
386accompanied by a sworn statement by the chair that no changes
387have been made to such charter or bylaws since the last filing.
388     (b)1.  Each committee of continuous existence shall file
389regular reports with the Division of Elections at the same times
390and subject to the same filing conditions as are established by
391s. 106.07(1) and (2) for candidates' reports.
392     2.  Any committee of continuous existence failing to so
393file a report with the Division of Elections pursuant to this
394paragraph on the designated due date shall be subject to a fine
395for late filing as provided by this section.
396     (c)  All committees of continuous existence shall file the
397original and one copy of their reports with the Division of
398Elections. In addition, a duplicate copy of each report shall be
399filed with the supervisor of elections in the county in which
400the committee maintains its books and records, except that if
401the filing officer to whom the committee is required to report
402is located in the same county as the supervisor no such
403duplicate report is required to be filed with the supervisor.
404Reports shall be on forms provided by the division and shall
405contain the following information:
406     1.  The full name, address, and occupation of each person
407who has made one or more contributions to the committee during
408the reporting period, together with the amounts and dates of
409such contributions. For corporations, the report must provide as
410clear a description as practicable of the principal type of
411business conducted by the corporation. However, if the
412contribution is $100 or less, the occupation of the contributor
413or principal type of business need not be listed. However, for
414any contributions which represent the payment of dues by members
415in a fixed amount pursuant to the schedule on file with the
416Division of Elections, only the aggregate amount of such
417contributions need be listed, together with the number of
418members paying such dues and the amount of the membership dues.
419     2.  The name and address of each political committee or
420committee of continuous existence from which the reporting
421committee received, or the name and address of each political
422committee, committee of continuous existence, or political party
423to which it made, any transfer of funds, together with the
424amounts and dates of all transfers.
425     3.  Any other receipt of funds not listed pursuant to
426subparagraph 1. or subparagraph 2., including the sources and
427amounts of all such funds.
428     4.  The name and address of, and office sought by, each
429candidate to whom the committee has made a contribution during
430the reporting period, together with the amount and date of each
431contribution.
432     (d)1.  The treasurer of each committee shall certify as to
433the correctness of each report and shall bear the responsibility
434for its accuracy and veracity. Any treasurer who willfully
435certifies to the correctness of a report while knowing that such
436report is incorrect, false, or incomplete commits a misdemeanor
437of the first degree, punishable as provided in s. 775.082 or s.
438775.083.
439     2.  The treasurer of each committee shall certify that the
440contributions received and expenditures made by the committee
441were not solicited, received, directed, transferred, or spent by
442an elected public officer of the state or any of its political
443subdivisions or by any agent or person acting on behalf of such
444officer. Any treasurer who willfully certifies that such
445contributions or expenditures were not solicited, received,
446directed, transferred, or spent by an elected public officer of
447the state or any of its political subdivisions, or by any agent
448or person acting on behalf of such officer, while knowing that
449such certification is false commits a misdemeanor of the first
450degree, punishable as provided in s. 775.082 or s. 775.083.
451     (5)(a)  No committee of continuous existence shall
452contribute to any candidate or political committee an amount in
453excess of the limits contained in s. 106.08(1) or participate in
454any other activity which is prohibited by this chapter. If any
455violation occurs, it shall be punishable as provided in this
456chapter for the given offense.
457     (b)  No funds of a committee of continuous existence shall
458be expended on behalf of a candidate, except by means of a
459contribution made through the duly appointed campaign treasurer
460of a candidate. No such committee shall make expenditures in
461support of, or in opposition to, an issue or an elected public
462official unless such committee first registers as a political
463committee pursuant to this chapter and undertakes all the
464practices and procedures required thereof; provided such
465committee may make contributions in a total amount not to exceed
46625 percent of its aggregate income, as reflected in the annual
467report filed for the previous year, to one or more political
468committees registered pursuant to s. 106.03 and formed to
469support or oppose issues or elected public officials.
470     (6)  All accounts and records of a committee of continuous
471existence may be inspected under reasonable circumstances by any
472authorized representative of the Division of Elections or the
473Florida Elections Commission. All records relating to political
474activities of a committee of continuous existence, as specified
475in subsection (5), are public records and subject to inspection
476under s. 119.07. The right of inspection may be enforced by
477appropriate writ issued by any court of competent jurisdiction.
478     (7)  If a committee of continuous existence ceases to meet
479the criteria prescribed by subsection (1), the Division of
480Elections shall revoke its certification until such time as the
481criteria are again met. The Division of Elections shall
482promulgate rules to prescribe the manner in which such
483certification shall be revoked. Such rules shall, at a minimum,
484provide for:
485     (a)  Notice, which shall contain the facts and conduct that
486warrant the intended action.
487     (b)  Adequate opportunity to respond.
488     (c)  Appeal of the decision to the Florida Elections
489Commission. Such appeals shall be exempt from the
490confidentiality provisions of s. 106.25.
491     (8)(a)  Any committee of continuous existence failing to
492file a report on the designated due date shall be subject to a
493fine of. The fine shall be $500 per day for each late day, not
494to exceed 25 percent of the total receipts or expenditures,
495whichever is greater, for the period covered by the late report.
496The fine shall be assessed by the filing officer, and the moneys
497collected shall be deposited in the Elections Commission Trust
498Fund. No separate fine shall be assessed for failure to file a
499copy of any report required by this section.
500     (b)  Upon determining that a report is late, the filing
501officer shall immediately notify the treasurer of the committee
502as to the failure to file a report by the designated due date
503and that a fine is being assessed for each late day. Upon
504receipt of the report, the filing officer shall determine the
505amount of fine which is due and shall notify the treasurer of
506the committee. The filing officer shall determine the amount of
507the fine due based upon the earliest of the following:
508     1.  When the report is actually received by such officer.
509     2.  When the report is postmarked.
510     3.  When the certificate of mailing is dated.
511     4.  When the receipt from an established courier company is
512dated.
513
514Such fine shall be paid to the filing officer within 20 days
515after receipt of the notice of payment due, unless appeal is
516made to the Florida Elections Commission pursuant to paragraph
517(c). An officer or member of a committee shall not be personally
518liable for such fine.
519     (c)  Any treasurer of a committee may appeal or dispute the
520fine, based upon unusual circumstances surrounding the failure
521to file on the designated due date, and may request and shall be
522entitled to a hearing before the Florida Elections Commission,
523which shall have the authority to waive the fine in whole or in
524part. Any such request shall be made within 20 days after
525receipt of the notice of payment due. In such case, the
526treasurer of the committee shall, within the 20-day period,
527notify the filing officer in writing of his or her intention to
528bring the matter before the commission.
529     (d)  The filing officer shall notify the Florida Elections
530Commission of the repeated late filing by a committee of
531continuous existence, the failure of a committee of continuous
532existence to file a report after notice, or the failure to pay
533the fine imposed.
534     Section 6.  Any political committee or committee of
535continuous existence organized before January 1, 2005, shall
536have 60 days, beginning January 1, 2005, within which to amend
537its name, if necessary, to comply with the requirements of s.
538106.03(3), Florida Statutes, as created by this act, or s.
539106.04(2), Florida Statutes, as amended by this act, as
540applicable.
541     Section 7.  Subsection (3) of section 106.07, Florida
542Statutes, is amended to read:
543     106.07  Reports; certification and filing.--
544     (3)  Reports required of a political committee shall be
545filed with the agency or officer before whom such committee
546registers pursuant to s. 106.03(4)(3) and shall be subject to
547the same filing conditions as established for candidates'
548reports. Only committees that file with the Department of State
549shall file the original and one copy of their reports.
550Incomplete reports by political committees shall be treated in
551the manner provided for incomplete reports by candidates in
552subsection (2).
553     Section 8.  Effective July 1, 2004, paragraph (a) of
554subsection (2) of section 106.087, Florida Statutes, is amended
555to read:
556     106.087  Independent expenditures; contribution limits;
557restrictions on political parties, political committees, and
558committees of continuous existence.--
559     (2)(a)  Any political committee or committee of continuous
560existence that accepts the use of public funds, equipment,
561personnel, or other resources to collect dues from its members
562agrees not to make independent expenditures in support of or
563opposition to a candidate or elected public official. However,
564expenditures may be made for the sole purpose of jointly
565endorsing three or more candidates.
566     Section 9.  Section 104.311, Florida Statutes, is created
567to read:
568     104.311  Prohibited political fundraising and activity by
569elected public officers; penalties.--
570     (1)(a)  No elected public officer of the state or any of
571its political subdivisions, or any agent or person acting on
572behalf of such officer, may solicit, receive, direct, transfer,
573or spend a contribution or expenditure, as those terms are
574defined in s. 106.011, to or on behalf of any committee of
575continuous existence formed pursuant to s. 106.04.
576     (b)  No elected public officer of the state or any of its
577political subdivisions shall serve as chair, treasurer, deputy
578treasurer, or any other officer of a committee of continuous
579existence formed pursuant to s. 106.04.
580     (2)  Any elected public officer of the state or any of its
581political subdivisions, or any agent or person acting on behalf
582of such officer, who violates this section shall be liable for a
583civil fine of $5,000 per violation.
584     (3)  In addition to the penalties provided in subsection
585(2), any person who violates this section commits a misdemeanor
586of the first degree, punishable as provided in s. 775.082 or s.
587775.083.
588     Section 10.  If any provision of this act or the
589application thereof to any person or circumstance is held
590invalid, the invalidity shall not affect other provisions or
591applications of the act which can be given effect without the
592invalid provision or application, and to this end the provisions
593of this act are declared severable.
594     Section 11.  Except as otherwise provided herein, this act
595shall take effect January 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.