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; requiring the
6	statement of organization to be sworn to under oath and
7	penalty of perjury; providing for personal liability;
8	revising content requirements of the statement of
9	organization; requiring amendment of the statement of
10	organization under certain circumstances; amending s.
11	106.04, F.S.; requiring membership dues of committees of
12	continuous existence to be reported in the same manner as
13	regular contributions, with specified exemptions;
14	requiring reporting of expenditures; prohibiting transfers
15	from committees of continuous existence to certain
16	political committees for certain purposes; providing
17	penalties; creating s. 106.045, F.S.; providing
18	registration and reporting requirements for partisan
19	affinity groups; providing a definition; providing
20	penalties for late or incomplete reports; creating s.
21	106.0705, F.S.; providing for electronic filing of
22	campaign treasurer's reports; providing a definition;
23	providing standards and guidelines; requiring the Division
24	of Elections to adopt rules to administer the electronic
25	filing system and its reports; amending s. 106.08, F.S.;
26	providing applicability of contribution limits to related
27	entities; providing limits on contributions to committees
28	of continuous existence; providing penalties; creating s.
29	106.1439, F.S.; requiring reporting of contributions and
30	expenditures for electioneering advertisements; providing
31	definitions; providing filing requirements; providing for
32	personal liability; requiring disclosure statements in
33	such advertisements and providing requirements thereof;
34	prohibiting certain contributions; providing penalties;
35	reenacting ss. 106.075(2) and 106.19(1)(a), F.S., and s.
36	30(5), ch. 2003-415, Laws of Florida, relating to
37	limitations on contributions to pay loans, acceptance of
38	contributions in excess of the prescribed limits, and
39	applicability of contribution limits to the 2004
40	elections, respectively, to incorporate the amendment to
41	s. 106.08, F.S., in references thereto; providing
42	severability; providing effective dates.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Subsections (1), (3), (4), (5), (8), (13), and
47	(17) of section 106.011, Florida Statutes, are amended, and
48	subsections (18), (19), (20), and (21) are added to said
49	section, to read:
50	106.011  Definitions.--As used in this chapter, the
51	following terms have the following meanings unless the context
52	clearly indicates otherwise:
53	(1)(a)  "Political committee" means:
54	1.  A combination of two or more individuals or persons, or
55	a person other than an individual, that, in an aggregate amount
56	in excess of $500 during a single calendar year:
57	a.  Accepts contributions for the purpose of making
58	contributions to any candidate, political committee, committee
59	of continuous existence, or political party;
60	b.  Accepts contributions for the purpose of expressly
61	advocating the election or defeat of a candidate or the passage
62	or defeat of an issue;
63	c.  Makes expenditures that expressly advocate the election
64	or defeat of a candidate or the passage or defeat of an issue;
65	or
66	d.  Makes contributions to a common fund, other than a
67	joint checking account between spouses, from which contributions
68	are made to any candidate, political committee, committee of
69	continuous existence, political organization subject to the
70	requirements of 26 U.S.C. s. 527 that publicly disseminates an
71	electioneering advertisement, or political party;
72	e.  Accepts contributions for the purpose of publicly
73	disseminating an electioneering advertisement; or
74	f.  Makes expenditures for the purpose of publicly
75	disseminating an electioneering advertisement.
76	2.  The sponsor of a proposed constitutional amendment by
77	initiative who intends to seek the signatures of registered
78	electors.
79	(b)  Notwithstanding paragraph (a), the following entities
80	are not considered political committees for purposes of this
81	chapter:
82	1.  Organizations which are certified by the Department of
83	State as committees of continuous existence pursuant to s.
84	106.04, national political parties, and the state and county
85	executive committees of political parties regulated by chapter
86	103.
87	2.  Corporations regulated by chapter 607 or chapter 617 or
88	other business entities formed for purposes other than to
89	support or oppose issues or candidates, if their political
90	activities are limited to contributions to candidates, political
91	parties, or political committees or expenditures in support of
92	or opposition to an issue from corporate or business funds and
93	if no contributions are received by such corporations or
94	business entities.
95	(3)  "Contribution" means:
96	(a)  A gift, subscription, conveyance, deposit, loan,
97	payment, or distribution of money or anything of value,
98	including contributions in kind having an attributable monetary
99	value in any form, made for the purpose of influencing the
100	results of an election or for the purpose of publicly
101	disseminating an electioneering advertisement.
102	(b)  A transfer of funds between political committees,
103	between committees of continuous existence, or between a
104	political committee and a committee of continuous existence.
105	(c)  The payment, by any person other than a candidate or
106	political committee, of compensation for the personal services
107	of another person which are rendered to a candidate or political
108	committee without charge to the candidate or committee for such
109	services.
110	(d)  The transfer of funds by a campaign treasurer or
111	deputy campaign treasurer between a primary depository and a
112	separate interest-bearing account or certificate of deposit, and
113	the term includes any interest earned on such account or
114	certificate.
115
116	Notwithstanding the foregoing meanings of "contribution," the
117	word shall not be construed to include services, including, but
118	not limited to, legal and accounting services, provided without
119	compensation by individuals volunteering a portion or all of
120	their time on behalf of a candidate or political committee. This
121	definition shall not be construed to include editorial
122	endorsements.
123	(4)(a)  "Expenditure" means a purchase, payment,
124	distribution, loan, advance, transfer of funds by a campaign
125	treasurer or deputy campaign treasurer between a primary
126	depository and a separate interest-bearing account or
127	certificate of deposit, or gift of money or anything of value
128	made for the purpose of influencing the results of an election
129	or for the purpose of publicly disseminating an electioneering
130	advertisement. However, "expenditure" does not include a
131	purchase, payment, distribution, loan, advance, or gift of money
132	or anything of value made for the purpose of influencing the
133	results of an election when made by an organization, in
134	existence prior to the time during which a candidate qualifies
135	or an issue is placed on the ballot for that election, for the
136	purpose of printing or distributing such organization's
137	newsletter, containing a statement by such organization in
138	support of or opposition to a candidate or issue, which
139	newsletter is distributed only to members of such organization.
140	(b)  With respect to telephones, an expenditure shall be
141	deemed to be an expenditure for the use of communications media
142	only if made for the costs of telephones, paid telephonists, or
143	automatic telephone equipment to be used by a candidate or a
144	political committee to communicate with potential voters but
145	excluding any costs of telephones incurred by a volunteer for
146	use of telephones by such volunteer.
147	(c)  For purposes of electioneering advertisements, the
148	expenditure date is the date on which the person has executed a
149	contract to make the expenditure, the person has made payment
150	for such electioneering advertisement, or the electioneering
151	advertisement is aired or otherwise disseminated, whichever is
152	earliest.
153	(5)(a)  "Independent expenditure" means an expenditure by a
154	person for the purpose of advocating the election or defeat of a
155	candidate or the approval or rejection of an issue, which
156	expenditure is not controlled by, coordinated with, or made upon
157	consultation with, any candidate, political committee, or agent
158	of such candidate or committee. An expenditure for such purpose
159	by a person having a contract with the candidate, political
160	committee, or agent of such candidate or committee in a given
161	election period shall not be deemed an independent expenditure.
162	In addition, an electioneering advertisement as defined in s.
163	106.1439 shall not be considered an independent expenditure.
164	(b)  An expenditure for the purpose of advocating the
165	election or defeat of a candidate which is made by the national,
166	state, or county executive committee of a political party,
167	including any subordinate committee of a national, state, or
168	county committee of a political party, or by any political
169	committee or committee of continuous existence, or any other
170	person, shall not be considered an independent expenditure if
171	the committee or person:
172	1.  Communicates with the candidate, the candidate's
173	campaign, or an agent of the candidate acting on behalf of the
174	candidate, including any pollster, media consultant, advertising
175	agency, vendor, advisor, or staff member, concerning the
176	preparation of, use of, or payment for, the specific expenditure
177	or advertising campaign at issue; or
178	2.  Makes a payment in cooperation, consultation, or
179	concert with, at the request or suggestion of, or pursuant to
180	any general or particular understanding with the candidate, the
181	candidate's campaign, a political committee supporting the
182	candidate, or an agent of the candidate relating to the specific
183	expenditure or advertising campaign at issue; or
184	3.  Makes a payment for the dissemination, distribution, or
185	republication, in whole or in part, of any broadcast or any
186	written, graphic, or other form of campaign material prepared by
187	the candidate, the candidate's campaign, or an agent of the
188	candidate, including any pollster, media consultant, advertising
189	agency, vendor, advisor, or staff member; or
190	4.  Makes a payment based on information about the
191	candidate's plans, projects, or needs communicated to a member
192	of the committee or person by the candidate or an agent of the
193	candidate, provided the committee or person uses the information
194	in any way, in whole or in part, either directly or indirectly,
195	to design, prepare, or pay for the specific expenditure or
196	advertising campaign at issue; or
197	5.  After the last day of qualifying for statewide or
198	legislative office, consults about the candidate's plans,
199	projects, or needs in connection with the candidate's pursuit of
200	election to office and the information is used in any way to
201	plan, create, design, or prepare an independent expenditure or
202	advertising campaign, with:
203	a.  Any officer, director, employee, or agent of a
204	national, state, or county executive committee of a political
205	party that has made or intends to make expenditures in
206	connection with or contributions to the candidate; or
207	b.  Any person whose professional services have been
208	retained by a national, state, or county executive committee of
209	a political party that has made or intends to make expenditures
210	in connection with or contributions to the candidate; or
211	6.  After the last day of qualifying for statewide or
212	legislative office, retains the professional services of any
213	person also providing those services to the candidate in
214	connection with the candidate's pursuit of election to office;
215	or
216	7.  Arranges, coordinates, or directs the expenditure, in
217	any way, with the candidate or an agent of the candidate.
218	(8)  "Person" means an individual or a corporation,
219	association, firm, partnership, joint venture, joint stock
220	company, club, organization, estate, trust, business trust,
221	syndicate, political organization subject to the requirements of
222	26 U.S.C. s. 527, limited liability company, limited liability
223	partnership, or other legal entity or other combination of
224	individuals having collective capacity. The term includes a
225	political party, political committee, or committee of continuous
226	existence.
227	(13)  "Communications media" means broadcasting stations,
228	newspapers, magazines, outdoor advertising facilities, printers,
229	direct mailing companies, advertising agencies, and telephone
230	companies; but with respect to telephones, an expenditure shall
231	be deemed to be an expenditure for the use of communications
232	media only if made for the costs of telephones, paid
233	telephonists, or automatic telephone equipment to be used by a
234	candidate or a political committee to communicate with potential
235	voters but excluding any costs of telephones incurred by a
236	volunteer for use of telephones by such volunteer.
237	(17)  "Political advertisement" means a paid expression in
238	any communications media prescribed in subsection (13), whether
239	radio, television, newspaper, magazine, periodical, campaign
240	literature, direct mail, or display or by means other than the
241	spoken word in direct conversation, which shall support or
242	oppose any candidate, elected public official, or issue.
243	However, political advertisement does not include:
244	(a)  A statement by an organization, in existence prior to
245	the time during which a candidate qualifies or an issue is
246	placed on the ballot for that election, in support of or
247	opposition to a candidate or issue, in that organization's
248	newsletter, which newsletter is distributed only to the members
249	of that organization.
250	(b)  Editorial endorsements by any newspaper, radio or
251	television station, or other recognized news medium.
252	(c)  An electioneering advertisement.
253	(18)(a)  "Electioneering advertisement" means a paid
254	broadcast, cable, satellite, or printed communication that:
255	1.  Is publicly disseminated after the end of the candidate
256	qualifying period for the office sought by the candidate. An
257	electioneering advertisement is considered publicly disseminated
258	if it is aired, broadcast, or distributed by cable or other
259	means for a fee.
260	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	(2)  The statement of organization shall be sworn to under
316	oath and under penalty of perjury by the individuals, whether in
317	their individual capacity or in a representative capacity,
318	having or exercising control of the committee's management and
319	finances. Such individuals shall be personally liable for any
320	violations of filing requirements under this chapter and shall
321	be required to pay any fines assessed from the personal funds of
322	the individuals. The statement of organization shall include:
323	(a)  The name and address of the committee.;
324	(b)  The names, addresses, and relationships of affiliated
325	or connected organizations.;
326	(c)  The area, scope, or jurisdiction of the committee.;
327	(d)  The name, address, and position of the custodian of
328	books and accounts.;
329	(e)  The names name, addresses address, and positions
330	position of the individuals, whether in their individual
331	capacity or in a representative capacity, having or exercising
332	control over the organization's finances, and other principal
333	officers, including officers and members of the finance
334	committee, if any.;
335	(f)  The name, address, office sought, and party
336	affiliation of:
337	1.  Each candidate whom the committee is supporting or
338	opposing.;
339	2.  Any other individual, if any, whom the committee is
340	supporting for nomination for election, or election, to any
341	public office whatever.;
342	(g)  Any issue or issues such organization is supporting or
343	opposing.;
344	(h)  If the committee is supporting the entire ticket of
345	any party, a statement to that effect and the name of the
346	party.;
347	(i)  A statement of whether the committee is a continuing
348	one.;
349	(j)  Plans for the disposition of residual funds which will
350	be made in the event of dissolution.;
351	(k)  A listing of all banks, safe-deposit boxes, or other
352	depositories used for committee funds.; and
353	(l)  A statement of the reports required to be filed by the
354	committee with federal officials or agencies, if any, and the
355	names, addresses, and positions of such officials or agencies.
356	(m)  If the committee intends to publicly disseminate
357	electioneering advertisements as provided in s. 106.1439, a
358	statement to that effect. If the committee submits a statement
359	of organization indicating that it will not publicly disseminate
360	electioneering advertisements but at a later date decides
361	otherwise, it must amend its statement of organization within 10
362	days after the decision.
363	Section 3.  Paragraph (c) of subsection (4) and subsection
364	(5) of section 106.04, Florida Statutes, are amended to read:
365	106.04  Committees of continuous existence.--
366	(4)
367	(c)  All committees of continuous existence shall file the
368	original and one copy of their reports with the Division of
369	Elections. In addition, a duplicate copy of each report shall be
370	filed with the supervisor of elections in the county in which
371	the committee maintains its books and records, except that if
372	the filing officer to whom the committee is required to report
373	is located in the same county as the supervisor no such
374	duplicate report is required to be filed with the supervisor.
375	Reports shall be on forms provided by the division and shall
376	contain the following information:
377	1.  The full name, address, and occupation of each person
378	who has made one or more contributions, including contributions
379	that represent the payment of membership dues, to the committee
380	during the reporting period, together with the amounts and dates
381	of such contributions. For corporations, the report must provide
382	as clear a description as practicable of the principal type of
383	business conducted by the corporation. However, if the
384	contribution is $100 or less, the occupation of the contributor
385	or principal type of business need not be listed. However, for
386	any contributions that which represent the regular payment of
387	dues by members in a fixed amount not exceeding $250 in the
388	aggregate of such payments per calendar year per member
389	pursuant to the schedule on file with the Division of Elections,
390	only the aggregate amount of such contributions need be listed,
391	together with the number of members paying such dues and the
392	amount of the membership dues.
393	2.  The name and address of each political committee or
394	committee of continuous existence from which the reporting
395	committee received, or the name and address of each political
396	committee, committee of continuous existence, or political party
397	to which it made, any transfer of funds, together with the
398	amounts and dates of all transfers.
399	3.  Any other receipt of funds not listed pursuant to
400	subparagraph 1. or subparagraph 2., including the sources and
401	amounts of all such funds.
402	4.  The name and address of, and office sought by, each
403	candidate to whom the committee has made a contribution during
404	the reporting period, together with the amount and date of each
405	contribution.
406	5.  The date, amount, and description of all expenditures
407	made by the committee, including the full name and address of
408	each person to whom an expenditure for personal services or
409	salary was made.
410	(d)  The treasurer of each committee shall certify as to
411	the correctness of each report and shall bear the responsibility
412	for its accuracy and veracity. Any treasurer who willfully
413	certifies to the correctness of a report while knowing that such
414	report is incorrect, false, or incomplete commits a misdemeanor
415	of the first degree, punishable as provided in s. 775.082 or s.
416	775.083.
417	(5)  No committee of continuous existence shall contribute
418	to any candidate or political committee an amount in excess of
419	the limits contained in s. 106.08(1) or participate in any other
420	activity which is prohibited by this chapter. If any violation
421	occurs, it shall be punishable as provided in this chapter for
422	the given offense. No funds of a committee of continuous
423	existence shall be expended on behalf of a candidate, except by
424	means of a contribution made through the duly appointed campaign
425	treasurer of a candidate. No such committee shall make
426	expenditures for the purpose of publicly disseminating
427	electioneering advertisements or in support of, or in opposition
428	to, an issue unless such committee first registers as a
429	political committee pursuant to this chapter and undertakes all
430	the practices and procedures required thereof; provided such
431	committee may make contributions in a total amount not to exceed
432	25 percent of its aggregate income, as reflected in the annual
433	report filed for the previous year, to one or more political
434	committees registered pursuant to s. 106.03 and formed to
435	support or oppose issues.
436	Section 4.  106.045, Florida Statutes, is created to read:
437	106.045  Registration and reporting by partisan affinity
438	groups.--
439	(1)  For purposes of this section, "partisan affinity
440	group" means a club or similar organization that is formed
441	primarily to support the ideals and candidates of a single
442	political party and:
443	(a)  Is affiliated with a national and statewide
444	organization that has at least 20 chapters in this state;
445	(b)  All of its contributions are made to the state
446	executive committee of the political party with which it is
447	associated, a single committee of continuous existence that is
448	associated with its statewide parent organization, or any
449	candidate pursuant to the limits in s. 106.08, which
450	contributions in the aggregate do not exceed $2,000 in a
451	calendar year; and
452	(c)  The annual dues paid by any member less the cost of
453	food, beverages, and meeting expenses of the group is not more
454	than $100.
455	(2)  Each partisan affinity group shall file a registration
456	and disclosure report with the Division of Elections no later
457	than 5:00 p.m. of the 10th day preceding each general election.
458	Such report shall contain:
459	(a)  The name and address of the group.
460	(b)  The names, addresses, and relationships of affiliated
461	organizations.
462	(c)  The names and addresses of its officers and of the
463	person maintaining its books and financial records.
464	(d)  A copy of its charter, by-laws, or similar proof that
465	it meets the requirements of paragraph (1)(a).
466	(e)  The current number of members in the group.
467	(f)  A statement of the gross receipts since the last
468	general election, meeting and other noncontribution expenses
469	during that time, and the net income available for
470	contributions.
471	(g)  The name and address of each entity to which one or
472	more contributions were made since the last general election and
473	the amounts of such contributions.
474
475	Such report shall also contain a sworn statement by the
476	president and treasurer of the group that, to the best of their
477	knowledge and belief, the group qualifies as a partisan affinity
478	group pursuant to this section.
479	(3)  Late or incomplete reports for partisan affinity
480	groups shall be governed by the provisions in s. 106.04(8),
481	provided that the maximum fine that may be imposed is $500.
482	Section 5.  Effective January 1, 2005, section 106.0705,
483	Florida Statutes, is created to read:
484	106.0705  Electronic filing of campaign treasurer's
485	reports.--
486	(1)  As used in this section, the term "electronic filing
487	system" means an Internet system for recording and reporting
488	campaign finance activity by reporting period.
489	(2)(a)  Each candidate who is required to file reports with
490	the division pursuant to s. 106.07 or s. 106.1439 must file such
491	reports with the division by means of the division's electronic
492	filing system.
493	(b)  Each political committee, committee of continuous
494	existence, or state executive committee that is required to file
495	reports with the division under s. 106.04, s. 106.07, or s.
496	106.29, as applicable, must file such reports with the division
497	by means of the division's electronic filing system.
498	(c)  Each person or organization that is required to file
499	reports with the division under s. 106.071 or s. 106.1439 must
500	file such reports with the division by means of the division's
501	electronic filing system.
502	(3)  Reports filed pursuant to this section shall be
503	completed and filed through the electronic filing system not
504	later than midnight of the day designated. Reports not filed by
505	midnight of the day designated are late filed and are subject to
506	the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3),
507	as applicable. If the person, committee, or organization is
508	unable to file electronically because of a problem with Internet
509	communication, a written report containing the required
510	information shall be filed by facsimile or hand delivery to the
511	division no later than noon on the next business day.
512	(4)  Each report filed pursuant to this section is
513	considered to be under oath by the candidate and treasurer or
514	the chair and treasurer, whichever is applicable, and such
515	persons are subject to the provisions of s. 106.04(4)(d), s.
516	106.07(5), or s. 106.29(2), as applicable. Persons given a
517	secure sign-on to the electronic filing system are responsible
518	for protecting such from disclosure and are responsible for all
519	filings using such credentials, unless they have notified the
520	division that their credentials have been compromised.
521	(5)  The electronic filing system developed by the division
522	must:
523	(a)  Be based on access by means of the Internet.
524	(b)  Be accessible by anyone with Internet access using
525	standard web-browsing software.
526	(c)  Provide for direct entry of campaign finance
527	information as well as upload of such information from campaign
528	finance software certified by the division.
529	(d)  Provide a method that prevents unauthorized access to
530	electronic filing system functions.
531	(e)  Have the capacity to handle the filing of at least 500
532	reports by candidates, committees, and political parties within
533	a 24-hour period.
534	(6)  The division shall adopt rules to administer this
535	section and provide for the reports required to be filed
536	pursuant to this section. Such rules shall, at a minimum,
537	provide:
538	(a)  Alternate filing procedures in the event that the
539	division's electronic filing system becomes inoperable.
540	(b)  For the issuance of an electronic receipt to the
541	person submitting the report that verifies that the report has
542	been filed, including the time and date filed.
543	Section 6.  Paragraph (a) of subsection (1) of section
544	106.08, Florida Statutes, is amended to read:
545	106.08  Contributions; limitations on.--
546	(1)(a)  Except for political parties, no person or related
547	entity, political committee, or committee of continuous
548	existence may, in any election, make contributions in excess of
549	$500 to any candidate for election to or retention in office, or
550	to any political committee supporting or opposing one or more
551	candidates, or to any committee of continuous existence. Related
552	entities shall be treated as a single entity for purposes of the
553	contribution limits in this section. Candidates for the offices
554	of Governor and Lieutenant Governor on the same ticket are
555	considered a single candidate for the purpose of this section.
556	Section 7.  Section 106.1439, Florida Statutes, is created
557	to read:
558	106.1439  Electioneering advertisements.--
559	(1)  Any individual that publicly disseminates
560	electioneering advertisements must file regular reports of all
561	contributions received and all expenditures made by such
562	individual with the same officer as a political committee
563	supporting or opposing the candidate referenced in the
564	advertisements. Such reports shall be filed under penalty of
565	perjury and are subject to the same filing requirements as
566	reports required under s. 106.07 for candidates not receiving
567	public financing. A political committee as defined in s.
568	106.011(1)(a)1.e. or s. 106.011(1)(a)1.f. is exempt from the
569	reporting requirements of this subsection.
570	(2)(a)  If the initial publication of the electioneering
571	advertisement occurs after the final regular report is due under
572	subsection (1) but prior to the closing of the polls on election
573	day, the person publicly disseminating the advertisement must
574	file a report electronically with the division no later than 1
575	hour after the advertisement has been contracted for, paid for,
576	or aired or otherwise disseminated, whichever is earliest. The
577	report must contain the same information as required of a
578	candidate by s. 106.07. Upon receipt of the filing, the division
579	shall electronically transmit a confirmation of receipt to the
580	person filing the report. If the person is unable to file
581	electronically because of a problem with Internet communication,
582	a written report containing the required information shall be
583	filed by facsimile or hand delivery to the division no later
584	than 1 hour after the initial publication of the advertisement.
585	However, if a report due to be filed under this paragraph on a
586	Saturday, Sunday, or legal holiday cannot be electronically
587	filed because of a problem with Internet communication, the
588	report must be filed electronically or by facsimile or hand
589	delivery to the division no later than 10 a.m. on the next
590	business day.
591	(b)  Information filed with the division pursuant to this
592	subsection must also be included in the next regular report
593	required under subsection (1).
594	(3)(a)  The following persons shall be responsible for
595	filing the reports required in subsections (1) and (2) and shall
596	certify to and bear the responsibility for the accuracy,
597	completeness, and veracity of each report:
598	1.  The committee chair, committee treasurer, and any
599	individuals having or exercising control of the committee's
600	finances, if the person publicly disseminating the
601	electioneering advertisement is a political committee, committee
602	of continuous existence, or executive committee of a political
603	party; or
604	2.  The individual, if the person publicly disseminating
605	the electioneering advertisement is a natural person who is not
606	a candidate.
607	(b)  The individuals listed in paragraph (a) are liable for
608	violations of filing requirements to the same extent as
609	candidates pursuant to ss. 106.07(5), 106.19, and 106.265 and
610	shall be required to pay any fines assessed from their personal
611	funds.
612	(4)(a)  All electioneering advertisements must include the
613	following disclosure statement, "Pd. Adv., Pd. for by ...(Full
614	name and street address of the person publicly disseminating the
615	advertisement)...".
616	(b)  The disclosure statement must also be followed by the
617	full name of the person's four largest contributors making
618	contributions in excess of $500 in the aggregate, if any.
619	1.  If there are fewer than four largest contributors, all
620	largest contributors must be listed in the disclosure statement.
621	2.  If there are more than four largest contributors, the
622	advertisement must list the first four largest contributors that
623	made contributions to the person publicly disseminating the
624	advertisement. If more than four largest contributors made
625	contributions on the same date, then the first four largest
626	contributors shall be determined alphabetically and listed in
627	the advertisement.
628	(c)  Any statement required by paragraphs (a) and (b) shall
629	be printed clearly and legibly in a conspicuous manner, subject
630	to the following additional requirements:
631	1.  If the communication is broadcast on radio, the
632	statement shall be spoken at the end of the communication.
633	2.  If the communication is broadcast on television, the
634	statement shall be spoken and displayed at the end of the
635	communication. A spoken disclosure statement is not required if
636	the statement is displayed for at least 5 seconds of a 30-second
637	communication or 10 seconds of a 60-second communication.
638	3.  The statement shall direct listeners or viewers to the
639	Internet website of the Division of Elections for more
640	information.
641	(d)  The Florida Elections Commission is authorized upon
642	finding a violation of this subsection to impose a civil penalty
643	in the form of a fine not to exceed $5,000 or the total cost of
644	the advertisements without the proper disclaimer, whichever is
645	greater. In determining the amount of the penalty, the
646	commission must consider any mitigating or aggravating
647	circumstances prescribed in s. 106.265. This penalty shall
648	substitute for the penalties provided in s. 106.265, shall be
649	deposited into the General Revenue Fund of the state, and, if
650	necessary, shall be collected pursuant to s. 106.265(2).
651	(5)  A person may not make a contribution through or in the
652	name of another, directly or indirectly, for the purpose of
653	publicly disseminating an electioneering advertisement.
654	Section 8.  For the purpose of incorporating the amendment
655	to section 106.08, Florida Statutes, in a reference thereto,
656	subsection (2) of section 106.075, Florida Statutes, is
657	reenacted to read:
658	106.075  Elected officials; report of loans made in year
659	preceding election; limitation on contributions to pay loans.--
660	(2)  Any person who makes a contribution to an individual
661	to pay all or part of a loan incurred, in the 12 months
662	preceding the election, to be used for the individual's
663	campaign, may not contribute more than the amount which is
664	allowed in s. 106.08(1).
665	Section 9.  For the purpose of incorporating the amendment
666	to section 106.08, Florida Statutes, in a reference thereto,
667	paragraph (a) of subsection (1) of section 106.19, Florida
668	Statutes, is reenacted to read:
669	106.19  Violations by candidates, persons connected with
670	campaigns, and political committees.--
671	(1)  Any candidate; campaign manager, campaign treasurer,
672	or deputy treasurer of any candidate; committee chair, vice
673	chair, campaign treasurer, deputy treasurer, or other officer of
674	any political committee; agent or person acting on behalf of any
675	candidate or political committee; or other person who knowingly
676	and willfully:
677	(a)  Accepts a contribution in excess of the limits
678	prescribed by s. 106.08;
679
680	is guilty of a misdemeanor of the first degree, punishable as
681	provided in s. 775.082 or s. 775.083.
682	Section 10.  For the purpose of incorporating the amendment
683	to section 106.08, Florida Statutes, in a reference thereto,
684	subsection (5) of section 30 of chapter 2003-415, Laws of
685	Florida, is reenacted to read:
686	Section 30.
687	(5)  For the 2004 elections, there shall be two elections
688	for purposes of the contribution limits in s. 106.08, Florida
689	Statutes.
690	Section 11.  If any provision of this act or its
691	application to any person or circumstance is held to be invalid,
692	the invalidity does not affect other provisions or applications
693	of the act which can be given effect without the invalid
694	provision or application and, to this end, the provisions of
695	this act are severable.
696	Section 12.  Except as otherwise provided herein, this act
697	shall take effect upon becoming a law.

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