HB 1793

1	A bill to be entitled
2	An act relating to campaign financing; amending s.
3	106.011, F.S.; revising and providing definitions;
4	amending s. 106.03, F.S.; revising registration
5	requirements of political committees; providing
6	registration requirements for persons publicly
7	disseminating electioneering advertisements; providing for
8	civil penalties; providing definitions; requiring the
9	statement of organization to be sworn to under oath and
10	penalty of perjury; providing for personal liability;
11	revising content requirements of the statement of
12	organization; requiring amendment of the statement of
13	organization under certain circumstances; amending s.
14	106.04, F.S.; imposing limits on membership dues or
15	assessments paid to committees of continuous existence;
16	requiring membership dues of committees of continuous
17	existence to be reported in the same manner as regular
18	contributions, with specified exemptions; requiring
19	reporting of expenditures; prohibiting transfers from
20	committees of continuous existence to certain political
21	committees for certain purposes; providing penalties;
22	creating s. 106.0705, F.S.; providing for electronic
23	filing of campaign treasurer's reports; providing a
24	definition; providing standards and guidelines; requiring
25	the Division of Elections to adopt rules to administer the
26	electronic filing system and its reports; amending s.
27	106.08, F.S.; providing applicability of contribution
28	limits to related entities; providing limits on
29	contributions to committees of continuous existence;
30	providing penalties; creating s. 106.1439, F.S.; requiring
31	reporting of contributions and expenditures for
32	electioneering advertisements; providing definitions;
33	providing filing requirements; providing for personal
34	liability; requiring disclosure statements in such
35	advertisements and providing requirements thereof;
36	prohibiting certain contributions; providing penalties;
37	reenacting ss. 106.075(2) and 106.19(1)(a), F.S., and s.
38	30(5), ch. 2003-415, Laws of Florida, relating to
39	limitations on contributions to pay loans, acceptance of
40	contributions in excess of the prescribed limits, and
41	applicability of contribution limits to the 2004
42	elections, respectively, to incorporate the amendment to
43	s. 106.08, F.S., in references thereto; providing
44	severability; providing effective dates.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Subsections (1), (3), (4), (5), (8), (13), and
49	(17) of section 106.011, Florida Statutes, are amended, and
50	subsections (18), (19), (20), and (21) are added to said
51	section, to read:
52	106.011  Definitions.--As used in this chapter, the
53	following terms have the following meanings unless the context
54	clearly indicates otherwise:
55	(1)(a)  "Political committee" means:
56	1.  A combination of two or more individuals or persons, or
57	a person other than an individual, that, in an aggregate amount
58	in excess of $500 during a single calendar year:
59	a.  Accepts contributions for the purpose of making
60	contributions to any candidate, political committee, committee
61	of continuous existence, or political party;
62	b.  Accepts contributions for the purpose of expressly
63	advocating the election or defeat of a candidate or the passage
64	or defeat of an issue;
65	c.  Makes expenditures that expressly advocate the election
66	or defeat of a candidate or the passage or defeat of an issue;
67	or
68	d.  Makes contributions to a common fund, other than a
69	joint checking account between spouses, from which contributions
70	are made to any candidate, political committee, committee of
71	continuous existence, political organization subject to the
72	requirements of 26 U.S.C. s. 527, or political party;
73	e.  Accepts contributions for the purpose of publicly
74	disseminating an electioneering advertisement; or
75	f.  Makes expenditures for the purpose of publicly
76	disseminating an electioneering advertisement.
77	2.  The sponsor of a proposed constitutional amendment by
78	initiative who intends to seek the signatures of registered
79	electors.
80	(b)  Notwithstanding paragraph (a), the following entities
81	are not considered political committees for purposes of this
82	chapter:
83	1.  Organizations which are certified by the Department of
84	State as committees of continuous existence pursuant to s.
85	106.04, national political parties, and the state and county
86	executive committees of political parties regulated by chapter
87	103.
88	2.  Corporations regulated by chapter 607 or chapter 617 or
89	other business entities formed for purposes other than to
90	support or oppose issues or candidates, if their political
91	activities are limited to contributions to candidates, political
92	parties, or political committees or expenditures in support of
93	or opposition to an issue from corporate or business funds and
94	if no contributions are received by such corporations or
95	business entities.
96	(3)  "Contribution" means:
97	(a)  A gift, subscription, conveyance, deposit, loan,
98	payment, or distribution of money or anything of value,
99	including contributions in kind having an attributable monetary
100	value in any form, made for the purpose of influencing the
101	results of an election or for the purpose of publicly
102	disseminating an electioneering advertisement.
103	(b)  A transfer of funds between political committees,
104	between committees of continuous existence, or between a
105	political committee and a committee of continuous existence.
106	(c)  The payment, by any person other than a candidate or
107	political committee, of compensation for the personal services
108	of another person which are rendered to a candidate or political
109	committee without charge to the candidate or committee for such
110	services.
111	(d)  The transfer of funds by a campaign treasurer or
112	deputy campaign treasurer between a primary depository and a
113	separate interest-bearing account or certificate of deposit, and
114	the term includes any interest earned on such account or
115	certificate.
116
117	Notwithstanding the foregoing meanings of "contribution," the
118	word shall not be construed to include services, including, but
119	not limited to, legal and accounting services, provided without
120	compensation by individuals volunteering a portion or all of
121	their time on behalf of a candidate or political committee. This
122	definition shall not be construed to include editorial
123	endorsements.
124	(4)(a)  "Expenditure" means a purchase, payment,
125	distribution, loan, advance, transfer of funds by a campaign
126	treasurer or deputy campaign treasurer between a primary
127	depository and a separate interest-bearing account or
128	certificate of deposit, or gift of money or anything of value
129	made for the purpose of influencing the results of an election
130	or for the purpose of publicly disseminating an electioneering
131	advertisement. However, "expenditure" does not include a
132	purchase, payment, distribution, loan, advance, or gift of money
133	or anything of value made for the purpose of influencing the
134	results of an election when made by an organization, in
135	existence prior to the time during which a candidate qualifies
136	or an issue is placed on the ballot for that election, for the
137	purpose of printing or distributing such organization's
138	newsletter, containing a statement by such organization in
139	support of or opposition to a candidate or issue, which
140	newsletter is distributed only to members of such organization.
141	(b)  With respect to telephones, an expenditure shall be
142	deemed to be an expenditure for the use of communications media
143	only if made for the costs of telephones, paid telephonists, or
144	automatic telephone equipment to be used by a candidate or a
145	political committee to communicate with potential voters but
146	excluding any costs of telephones incurred by a volunteer for
147	use of telephones by such volunteer.
148	(c)  For purposes of electioneering advertisements, the
149	expenditure date is the date on which the person has executed a
150	contract to make the expenditure, the person has made payment
151	for such electioneering advertisement, or the electioneering
152	advertisement is aired or otherwise disseminated, whichever is
153	earliest.
154	(5)(a)  "Independent expenditure" means an expenditure by a
155	person for the purpose of advocating the election or defeat of a
156	candidate or the approval or rejection of an issue, which
157	expenditure is not controlled by, coordinated with, or made upon
158	consultation with, any candidate, political committee, or agent
159	of such candidate or committee. An expenditure for such purpose
160	by a person having a contract with the candidate, political
161	committee, or agent of such candidate or committee in a given
162	election period shall not be deemed an independent expenditure.
163	In addition, an electioneering advertisement as defined in s.
164	106.1439 shall not be considered an independent expenditure.
165	(b)  An expenditure for the purpose of advocating the
166	election or defeat of a candidate which is made by the national,
167	state, or county executive committee of a political party,
168	including any subordinate committee of a national, state, or
169	county committee of a political party, or by any political
170	committee or committee of continuous existence, or any other
171	person, shall not be considered an independent expenditure if
172	the committee or person:
173	1.  Communicates with the candidate, the candidate's
174	campaign, or an agent of the candidate acting on behalf of the
175	candidate, including any pollster, media consultant, advertising
176	agency, vendor, advisor, or staff member, concerning the
177	preparation of, use of, or payment for, the specific expenditure
178	or advertising campaign at issue; or
179	2.  Makes a payment in cooperation, consultation, or
180	concert with, at the request or suggestion of, or pursuant to
181	any general or particular understanding with the candidate, the
182	candidate's campaign, a political committee supporting the
183	candidate, or an agent of the candidate relating to the specific
184	expenditure or advertising campaign at issue; or
185	3.  Makes a payment for the dissemination, distribution, or
186	republication, in whole or in part, of any broadcast or any
187	written, graphic, or other form of campaign material prepared by
188	the candidate, the candidate's campaign, or an agent of the
189	candidate, including any pollster, media consultant, advertising
190	agency, vendor, advisor, or staff member; or
191	4.  Makes a payment based on information about the
192	candidate's plans, projects, or needs communicated to a member
193	of the committee or person by the candidate or an agent of the
194	candidate, provided the committee or person uses the information
195	in any way, in whole or in part, either directly or indirectly,
196	to design, prepare, or pay for the specific expenditure or
197	advertising campaign at issue; or
198	5.  After the last day of qualifying for statewide or
199	legislative office, consults about the candidate's plans,
200	projects, or needs in connection with the candidate's pursuit of
201	election to office and the information is used in any way to
202	plan, create, design, or prepare an independent expenditure or
203	advertising campaign, with:
204	a.  Any officer, director, employee, or agent of a
205	national, state, or county executive committee of a political
206	party that has made or intends to make expenditures in
207	connection with or contributions to the candidate; or
208	b.  Any person whose professional services have been
209	retained by a national, state, or county executive committee of
210	a political party that has made or intends to make expenditures
211	in connection with or contributions to the candidate; or
212	6.  After the last day of qualifying for statewide or
213	legislative office, retains the professional services of any
214	person also providing those services to the candidate in
215	connection with the candidate's pursuit of election to office;
216	or
217	7.  Arranges, coordinates, or directs the expenditure, in
218	any way, with the candidate or an agent of the candidate.
219	(8)  "Person" means an individual or a corporation,
220	association, firm, partnership, joint venture, joint stock
221	company, club, organization, estate, trust, business trust,
222	syndicate, political organization subject to the requirements of
223	26 U.S.C. s. 527, limited liability company, limited liability
224	partnership, or other legal entity or other combination of
225	individuals having collective capacity. The term includes a
226	political party, political committee, or committee of continuous
227	existence.
228	(13)  "Communications media" means broadcasting stations,
229	newspapers, magazines, outdoor advertising facilities, printers,
230	direct mailing companies, advertising agencies, and telephone
231	companies; but with respect to telephones, an expenditure shall
232	be deemed to be an expenditure for the use of communications
233	media only if made for the costs of telephones, paid
234	telephonists, or automatic telephone equipment to be used by a
235	candidate or a political committee to communicate with potential
236	voters but excluding any costs of telephones incurred by a
237	volunteer for use of telephones by such volunteer.
238	(17)  "Political advertisement" means a paid expression in
239	any communications media prescribed in subsection (13), whether
240	radio, television, newspaper, magazine, periodical, campaign
241	literature, direct mail, or display or by means other than the
242	spoken word in direct conversation, which shall support or
243	oppose any candidate, elected public official, or issue.
244	However, political advertisement does not include:
245	(a)  A statement by an organization, in existence prior to
246	the time during which a candidate qualifies or an issue is
247	placed on the ballot for that election, in support of or
248	opposition to a candidate or issue, in that organization's
249	newsletter, which newsletter is distributed only to the members
250	of that organization.
251	(b)  Editorial endorsements by any newspaper, radio or
252	television station, or other recognized news medium.
253	(c)  An electioneering advertisement.
254	(18)(a)  "Electioneering advertisement" means a paid
255	broadcast, cable, satellite, or printed communication that:
256	1.  Is publicly disseminated within 30 days preceding any
257	election or on the day of any election. An electioneering
258	advertisement is considered publicly disseminated if it is
259	aired, broadcast, or distributed by cable or other means for a
260	fee.     2.  Refers to a clearly identified candidate for office in
261	any election.
262	3.  Is targeted to the relevant electorate. An
263	electioneering advertisement is considered targeted to the
264	relevant electorate if the communication can be received by
265	1,000 or more households in the district that the candidate
266	would represent if elected.
267	(b)  The term does not include:
268	1.  A political advertisement or an independent
269	expenditure.
270	2.  A statement or depiction by an organization, in
271	existence prior to the time during which the candidate named or
272	depicted qualifies for such election, made in that
273	organization's newsletter, which newsletter is distributed only
274	to members of that organization.
275	3.  An editorial endorsement by any newspaper, radio, or
276	television station or other recognized news medium so long as
277	such media are not owned or controlled by a candidate, political
278	party, or political committee.
279	4.  A news story, commentary, or editorial broadcast by a
280	radio or television station, cable television system, or
281	satellite system.
282	5.  A fundraising or public service announcement publicly
283	aired by a corporation organized under 26 U.S.C. s. 501(c)(3).
284	6.  A candidate debate or forum or a communication made by
285	or on behalf of the sponsor that solely promotes a debate or
286	forum.
287	7.  A government publication or official correspondence
288	from government officials.
289	(19)  "Individual" means a natural person.
290	(20)  "Entity" means a corporation, association, firm,
291	partnership, joint venture, joint stock company, club,
292	organization, estate, trust, business trust, syndicate, or any
293	other legal entity.
294	(21)  "Related entity" means an entity related to any other
295	entity if:
296	(a)  More than 50 percent of the entity's governing board
297	consists of the same persons as any other entity; or
298	(b)  One entity has a 100-percent ownership interest in the
299	other entity.
300	Section 2.  Subsections (1) and (2) of section 106.03,
301	Florida Statutes, are amended to read:
302	106.03  Registration of political committees.--
303	(1)(a)  Each political committee which anticipates
304	receiving contributions or making expenditures during a calendar
305	year in an aggregate amount exceeding $500 or which is seeking
306	the signatures of registered electors in support of an
307	initiative shall file a statement of organization as provided in
308	subsection (3) within 10 days after its organization or, if
309	later, within 10 days after the date on which it has information
310	which causes the committee to anticipate that it will receive
311	contributions or make expenditures in excess of $500.
312	(b)  If a political committee is organized within 10 days
313	before of any election, it shall immediately file the statement
314	of organization required by this section.
315	(c)1.  In addition, any person that intends to publicly
316	disseminate an electioneering advertisement as defined in s.
317	106.1439 within 10 days before a primary or general election
318	which will be paid for, in whole or in part, with funds from a
319	corporation or labor organization must file the statement of
320	organization required by this section at least 30 days prior to
321	the primary or general election.
322	2.  The Florida Elections Commission is authorized upon
323	finding a violation of this paragraph to impose a civil penalty
324	in the form of a fine not to exceed $5,000 or the total cost of
325	the advertisement that is disseminated without a properly filed
326	statement, whichever is greater. In determining the amount of
327	the penalty, the commission must consider any mitigating or
328	aggravating circumstances prescribed in s. 106.265. This penalty
329	shall be deposited into the General Revenue Fund of the state,
330	and, if necessary, shall be collected pursuant to s. 106.265(2).
331	3.  For purposes of this paragraph, the term:
332	a.  "Corporation" means an entity organized pursuant to
333	chapter 607 or chapter 617, or any other business entity
334	organized under this or any other state, which is formed for
335	purposes other than to engage in political activity.
336	b.  "Labor organization" means any organization of any
337	kind, or any agency or employee representation committee or
338	plan, in which employees participate and which exists for the
339	purpose, in whole or in part, of dealing with employers
340	concerning grievances, labor disputes, wages, rates of pay,
341	hours of employment, or conditions of work.
342	(2)  The statement of organization shall be sworn to under
343	oath and under penalty of perjury by the individuals, whether in
344	their individual capacity or in a representative capacity,
345	having or exercising control of the committee's management and
346	finances. Such individuals shall be personally liable for any
347	violations of filing requirements under this chapter and shall
348	be required to pay any fines assessed from the personal funds of
349	the individuals. The statement of organization shall include:
350	(a)  The name and address of the committee.;
351	(b)  The names, addresses, and relationships of affiliated
352	or connected organizations.;
353	(c)  The area, scope, or jurisdiction of the committee.;
354	(d)  The name, address, and position of the custodian of
355	books and accounts.;
356	(e)  The names name, addresses address, and positions
357	position of the individuals, whether in their individual
358	capacity or in a representative capacity, having or exercising
359	control over the organization's finances, and other principal
360	officers, including officers and members of the finance
361	committee, if any.;
362	(f)  The name, address, office sought, and party
363	affiliation of:
364	1.  Each candidate whom the committee is supporting or
365	opposing.;
366	2.  Any other individual, if any, whom the committee is
367	supporting for nomination for election, or election, to any
368	public office whatever.;
369	(g)  Any issue or issues such organization is supporting or
370	opposing.;
371	(h)  If the committee is supporting the entire ticket of
372	any party, a statement to that effect and the name of the
373	party.;
374	(i)  A statement of whether the committee is a continuing
375	one.;
376	(j)  Plans for the disposition of residual funds which will
377	be made in the event of dissolution.;
378	(k)  A listing of all banks, safe-deposit boxes, or other
379	depositories used for committee funds.; and
380	(l)  A statement of the reports required to be filed by the
381	committee with federal officials or agencies, if any, and the
382	names, addresses, and positions of such officials or agencies.
383	(m)  If the committee intends to publicly disseminate
384	electioneering advertisements as provided in s. 106.1439, a
385	statement to that effect. If the committee submits a statement
386	of organization indicating that it will not publicly disseminate
387	electioneering advertisements but at a later date decides
388	otherwise, it must amend its statement of organization within 10
389	days after the decision.
390	Section 3.  Paragraph (b) of subsection (1), paragraph (c)
391	of subsection (4), and subsection (5) of section 106.04, Florida
392	Statutes, are amended to read:
393	106.04  Committees of continuous existence.--
394	(1)  In order to qualify as a committee of continuous
395	existence for the purposes of this chapter, a group,
396	organization, association, or other such entity which is
397	involved in making contributions to candidates, political
398	committees, or political parties, shall meet the following
399	criteria:
400	(b)  At least 25 percent of the income of such
401	organization, excluding interest, must be derived from dues or
402	assessments payable on a regular basis by its membership
403	pursuant to provisions contained in the charter or bylaws. A
404	committee of continuous existence may not accept dues or
405	assessments from a member in excess of $500 per election.
406	(4)
407	(c)  All committees of continuous existence shall file the
408	original and one copy of their reports with the Division of
409	Elections. In addition, a duplicate copy of each report shall be
410	filed with the supervisor of elections in the county in which
411	the committee maintains its books and records, except that if
412	the filing officer to whom the committee is required to report
413	is located in the same county as the supervisor no such
414	duplicate report is required to be filed with the supervisor.
415	Reports shall be on forms provided by the division and shall
416	contain the following information:
417	1.  The full name, address, and occupation of each person
418	who has made one or more contributions, including contributions
419	that represent the payment of membership dues, to the committee
420	during the reporting period, together with the amounts and dates
421	of such contributions. For corporations, the report must provide
422	as clear a description as practicable of the principal type of
423	business conducted by the corporation. However, if the
424	contribution is $100 or less, the occupation of the contributor
425	or principal type of business need not be listed. However, for
426	any contributions that which represent the regular payment of
427	dues by members in a fixed amount not exceeding $50 per payment
428	and $250 in the aggregate of such payments per calendar year
429	pursuant to the schedule on file with the Division of Elections,
430	only the aggregate amount of such contributions need be listed,
431	together with the number of members paying such dues and the
432	amount of the membership dues.
433	2.  The name and address of each political committee or
434	committee of continuous existence from which the reporting
435	committee received, or the name and address of each political
436	committee, committee of continuous existence, or political party
437	to which it made, any transfer of funds, together with the
438	amounts and dates of all transfers.
439	3.  Any other receipt of funds not listed pursuant to
440	subparagraph 1. or subparagraph 2., including the sources and
441	amounts of all such funds.
442	4.  The name and address of, and office sought by, each
443	candidate to whom the committee has made a contribution during
444	the reporting period, together with the amount and date of each
445	contribution.
446	5.  The date, amount, and description of all expenditures
447	made by the committee, including the full name and address of
448	each person to whom an expenditure for personal services or
449	salary was made.
450	(d)  The treasurer of each committee shall certify as to
451	the correctness of each report and shall bear the responsibility
452	for its accuracy and veracity. Any treasurer who willfully
453	certifies to the correctness of a report while knowing that such
454	report is incorrect, false, or incomplete commits a misdemeanor
455	of the first degree, punishable as provided in s. 775.082 or s.
456	775.083.
457	(5)  No committee of continuous existence shall contribute
458	to any candidate or political committee an amount in excess of
459	the limits contained in s. 106.08(1) or participate in any other
460	activity which is prohibited by this chapter. If any violation
461	occurs, it shall be punishable as provided in this chapter for
462	the given offense. No funds of a committee of continuous
463	existence shall be expended on behalf of a candidate, except by
464	means of a contribution made through the duly appointed campaign
465	treasurer of a candidate. No such committee shall make
466	expenditures for the purpose of publicly disseminating
467	electioneering advertisements or in support of, or in opposition
468	to, an issue unless such committee first registers as a
469	political committee pursuant to this chapter and undertakes all
470	the practices and procedures required thereof; provided such
471	committee may make contributions in a total amount not to exceed
472	25 percent of its aggregate income, as reflected in the annual
473	report filed for the previous year, to one or more political
474	committees registered pursuant to s. 106.03 and formed to
475	support or oppose issues.
476	Section 4.  Effective January 1, 2005, section 106.0705,
477	Florida Statutes, is created to read:
478	106.0705  Electronic filing of campaign treasurer's
479	reports.--
480	(1)  As used in this section, the term "electronic filing
481	system" means an Internet system for recording and reporting
482	campaign finance activity by reporting period.
483	(2)(a)  Each candidate who is required to file reports with
484	the division pursuant to s. 106.07 or s. 106.1439 must file such
485	reports with the division by means of the division's electronic
486	filing system.
487	(b)  Each political committee, committee of continuous
488	existence, or state executive committee that is required to file
489	reports with the division under s. 106.04, s. 106.07, or s.
490	106.29, as applicable, must file such reports with the division
491	by means of the division's electronic filing system.
492	(c)  Each person or organization that is required to file
493	reports with the division under s. 106.071 or s. 106.1439 must
494	file such reports with the division by means of the division's
495	electronic filing system.
496	(3)  Reports filed pursuant to this section shall be
497	completed and filed through the electronic filing system not
498	later than midnight of the day designated. Reports not filed by
499	midnight of the day designated are late filed and are subject to
500	the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3),
501	as applicable.
502	(4)  Each report filed pursuant to this section is
503	considered to be under oath by the candidate and treasurer or the
504	chair and treasurer, whichever is applicable, and such persons
505	are subject to the provisions of s. 106.04(4)(d), s. 106.07(5),
506	or s. 106.29(2), as applicable. Persons given a secure sign-on to
507	the electronic filing system are responsible for protecting such
508	from disclosure and are responsible for all filings using such
509	credentials, unless they have notified the division that their
510	credentials have been compromised.
511	(5)  The electronic filing system developed by the division
512	must:
513	(a)  Be based on access by means of the Internet.
514	(b)  Be accessible by anyone with Internet access using
515	standard web-browsing software.
516	(c)  Provide for direct entry of campaign finance
517	information as well as upload of such information from campaign
518	finance software certified by the division.
519	(d)  Provide a method that prevents unauthorized access to
520	electronic filing system functions.
521	(e)  Have the capacity to handle the filing of at least 500
522	reports by candidates, committees, and political parties within a
523	24-hour period.
524	(6)  The division shall adopt rules to administer this
525	section and provide for the reports required to be filed pursuant
526	to this section. Such rules shall, at a minimum, provide:
527	(a)  Alternate filing procedures in the event that the
528	division's electronic filing system becomes inoperable.
529	(b)  For the issuance of an electronic receipt to the person
530	submitting the report that verifies that the report has been
531	filed, including the time and date filed.
532	Section 5.  Paragraph (a) of subsection (1) of section
533	106.08, Florida Statutes, is amended to read:
534	106.08  Contributions; limitations on.--
535	(1)(a)  Except for political parties, no person or related
536	entity, political committee, or committee of continuous
537	existence may, in any election, make contributions in excess of
538	$500 to any candidate for election to or retention in office, or
539	to any political committee supporting or opposing one or more
540	candidates, or to any committee of continuous existence. Related
541	entities shall be treated as a single entity for purposes of the
542	contribution limits in this section. Candidates for the offices
543	of Governor and Lieutenant Governor on the same ticket are
544	considered a single candidate for the purpose of this section.
545	Section 6.  Section 106.1439, Florida Statutes, is created
546	to read:
547	106.1439  Electioneering advertisements.--
548	(1)  Any individual that publicly disseminates
549	electioneering advertisements must file regular reports of all
550	contributions received and all expenditures made by such
551	individual with the same officer as a political committee
552	supporting or opposing the candidate referenced in the
553	advertisements. Such reports shall be filed under penalty of
554	perjury and are subject to the same filing requirements as
555	reports required under s. 106.07 for candidates not receiving
556	public financing. A political committee as defined in s.
557	106.011(1)(a)1.e. or s. 106.011(1)(a)1.f. is exempt from the
558	reporting requirements of this subsection.
559	(2)(a)  If the initial publication of the electioneering
560	advertisement occurs after the final regular report is due under
561	subsection (1) but prior to the closing of the polls on election
562	day, the person publicly disseminating the advertisement must
563	file a report electronically with the division no later than 1
564	hour after the advertisement has been contracted for, paid for,
565	or aired or otherwise disseminated, whichever is earliest. The
566	report must contain the same information as required of a
567	candidate by s. 106.07. Upon receipt of the filing, the division
568	shall electronically transmit a confirmation of receipt to the
569	person filing the report. If the person is unable to file
570	electronically because of problems with Internet communications,
571	a written report containing the required information shall be
572	filed, by facsimile or hand delivery, to the division no later
573	than 1 hour after the initial publication of the advertisement.
574	However, if a report due to be filed under this paragraph on a
575	Saturday, Sunday, or legal holiday cannot be electronically
576	filed because of problems with Internet communications, the
577	report must be filed either electronically, by facsimile, or by
578	hand delivery with the division no later than 10 a.m. on the
579	next business day.
580	(b)  Information filed with the division pursuant to this
581	subsection must also be included in the next regular report
582	required under subsection (1).
583	(3)(a)  The following persons shall be responsible for
584	filing the reports required in subsections (1) and (2) and shall
585	certify to and bear the responsibility for the accuracy,
586	completeness, and veracity of each report:
587	1.  The committee chair, committee treasurer, and any
588	individuals having or exercising control of the committee's
589	finances, if the person publicly disseminating the
590	electioneering advertisement is a political committee, committee
591	of continuous existence, or executive committee of a political
592	party; or
593	2.  The individual, if the person publicly disseminating
594	the electioneering advertisement is a natural person who is not
595	a candidate.
596	(b)  The individuals listed in paragraph (a) are liable for
597	violations of filing requirements to the same extent as
598	candidates pursuant to ss. 106.07(5), 106.19, and 106.265 and
599	shall be required to pay any fines assessed from their personal
600	funds.
601	(4)(a)  Any electioneering advertisement must include the
602	following disclosure statement, "Paid advertisement paid for or
603	sponsored by ...(full name and street address of person publicly
604	disseminating the electioneering advertisement)...," followed by
605	the address of the person funding or sponsoring the
606	advertisement.
607	(b)  The disclosure statement must also be followed by the
608	statement "Largest Contributors" followed by the full name and
609	street address of the person's largest four contributors in
610	excess of $500 in aggregated contributions. If there are fewer
611	than four largest contributors in excess of $500 each, all such
612	contributors must be listed on the disclosure statement.
613	(c)  Any statement required by paragraphs (a) and (b) shall
614	be printed clearly and legibly in a conspicuous manner in type
615	at least as large as the majority of the printed text and
616	subject to the following additional requirements:
617	1.  If the communication is broadcast on radio, the
618	statement shall be spoken at the end of the communication.
619	2.  If the communication is broadcast on another type of
620	telecommunications system, the statement shall be spoken and
621	displayed at the end of the communication. Any statement that
622	must be displayed shall be printed in type equal to or larger
623	than 4 percent of the vertical picture height. If the statement
624	is displayed for at least 5 seconds of a 30-second communication
625	or 10 seconds of a 60-second communication, a spoken disclosure
626	statement is not required.
627	3.  If the communication is disseminated through print
628	media, the statement shall be printed in type at least one-
629	quarter of the size of the largest type in the printed text of
630	the advertisement.
631	4.  The statement shall direct listeners or viewers to the
632	Internet website of the Division of Elections for more
633	information.
634	(d)  The Florida Elections Commission is authorized upon
635	finding a violation of this subsection to impose a civil penalty
636	in the form of a fine not to exceed $5,000 or the total cost of
637	the advertisements without the proper disclaimer, whichever is
638	greater. In determining the amount of the penalty, the
639	commission must consider any mitigating or aggravating
640	circumstances prescribed in s. 106.265. This penalty shall
641	substitute for the penalties provided in s. 106.265, shall be
642	deposited into the General Revenue Fund of the state, and, if
643	necessary, shall be collected pursuant to s. 106.265(2).
644	(5)  A person may not make a contribution through or in the
645	name of another, directly or indirectly, for the purpose of
646	publicly disseminating an electioneering advertisement.
647	Section 7.  For the purpose of incorporating the amendment
648	to section 106.08, Florida Statutes, in a reference thereto,
649	subsection (2) of section 106.075, Florida Statutes, is
650	reenacted to read:
651	106.075  Elected officials; report of loans made in year
652	preceding election; limitation on contributions to pay loans.--
653	(2)  Any person who makes a contribution to an individual
654	to pay all or part of a loan incurred, in the 12 months
655	preceding the election, to be used for the individual's
656	campaign, may not contribute more than the amount which is
657	allowed in s. 106.08(1).
658	Section 8.  For the purpose of incorporating the amendment
659	to section 106.08, Florida Statutes, in a reference thereto,
660	paragraph (a) of subsection (1) of section 106.19, Florida
661	Statutes, is reenacted to read:
662	106.19  Violations by candidates, persons connected with
663	campaigns, and political committees.--
664	(1)  Any candidate; campaign manager, campaign treasurer,
665	or deputy treasurer of any candidate; committee chair, vice
666	chair, campaign treasurer, deputy treasurer, or other officer of
667	any political committee; agent or person acting on behalf of any
668	candidate or political committee; or other person who knowingly
669	and willfully:
670	(a)  Accepts a contribution in excess of the limits
671	prescribed by s. 106.08;
672
673	is guilty of a misdemeanor of the first degree, punishable as
674	provided in s. 775.082 or s. 775.083.
675	Section 9.  For the purpose of incorporating the amendment
676	to section 106.08, Florida Statutes, in a reference thereto,
677	subsection (5) of section 30 of chapter 2003-415, Laws of
678	Florida, is reenacted to read:
679	Section 30.
680	(5)  For the 2004 elections, there shall be two elections
681	for purposes of the contribution limits in s. 106.08, Florida
682	Statutes.
683	Section 10.  If any provision of this act or its
684	application to any person or circumstance is held to be invalid,
685	the invalidity does not affect other provisions or applications
686	of the act which can be given effect without the invalid
687	provision or application and, to this end, the provisions of
688	this act are severable.
689	Section 11.  Except as otherwise provided herein, this act
690	shall take effect upon becoming a law.

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