SENATE AMENDMENT
    Bill No. CS for SB's 2346 & 516
    Amendment No. ___   Barcode 934560
                            CHAMBER ACTION
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       04/29/2004 04:01 PM         .                    
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11  Senator Lee moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 18, line 18, delete that line
15  
16  and insert:  
17         Section 8.  Subsections (7) through (38) are renumbered
18  as subsections (8) through (39), respectively, and a new
19  subsection (8) is added to said section to read:
20         97.021  Definitions.--For the purposes of this code,
21  except where the context clearly indicates otherwise, the
22  term:
23         (7)  "Early voting" means casting a ballot prior to
24  election day at a location designated by the supervisor of
25  elections and depositing the voted ballot in the tabulation
26  system.
27         Section 9.  Paragraphs (b) and (c) of subsection (4) of
28  section 101.015, Florida Statutes, are amended to read:
29         101.015  Standards for voting systems.--
30         (4)
31         (b)  Each supervisor of elections shall establish
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    9:53 PM   04/28/04                               s2346.ee10.02

SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 written procedures to assure accuracy and security in his or 2 her county, including procedures related to early voting 3 pursuant to s. 101.657. and Such procedures shall be reviewed 4 in each odd-numbered year by the Department of State. 5 (c) Each supervisor of elections shall submit any 6 revisions to the security procedures to the Department of 7 State at least 45 days before early voting commences pursuant 8 to s. 101.657 in an the first election in which they are to 9 take effect. 10 Section 10. Subsection (2) of section 101.5612, 11 Florida Statutes, is amended to read: 12 101.5612 Testing of tabulating equipment.-- 13 (2) On any day not more than 10 days prior to the 14 commencement of early voting as provided in s. 101.657 15 election day, the supervisor of elections shall have the 16 automatic tabulating equipment publicly tested to ascertain 17 that the equipment will correctly count the votes cast for all 18 offices and on all measures. Public notice of the time and 19 place of the test shall be given at least 48 hours prior 20 thereto by publication once in one or more newspapers of 21 general circulation in the county or, if there is no newspaper 22 of general circulation in the county, by posting the such 23 notice in at least four conspicuous places in the county. The 24 supervisor or the municipal elections official may, at the 25 time of qualifying, give written notice of the time and 26 location of the such public preelection test to each candidate 27 qualifying with that office and obtain a signed receipt that 28 the such notice has been given. The Department of State shall 29 give written notice to each statewide candidate at the time of 30 qualifying, or immediately at the end of qualifying, that the 31 voting equipment will be tested and advise each such candidate 2 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 to contact the county supervisor of elections as to the time 2 and location of the public preelection test. The supervisor or 3 the municipal elections official shall, at least 15 days prior 4 to the commencement of early voting as provided in s. 101.657 5 an election, send written notice by certified mail to the 6 county party chair of each political party and to all 7 candidates for other than statewide office whose names appear 8 on the ballot in the county and who did not receive written 9 notification from the supervisor or municipal elections 10 official at the time of qualifying, stating the time and 11 location of the public preelection test of the automatic 12 tabulating equipment. The canvassing board shall convene, and 13 each member of the canvassing board shall certify to the 14 accuracy of the test. For the test, the canvassing board may 15 designate one member to represent it. The test shall be open 16 to representatives of the political parties, the press, and 17 the public. Each political party may designate one person with 18 expertise in the computer field who shall be allowed in the 19 central counting room when all tests are being conducted and 20 when the official votes are being counted. The Such designee 21 shall not interfere with the normal operation of the 22 canvassing board. 23 Section 11. Section 101.5613, Florida Statutes, is 24 amended to read: 25 101.5613 Examination of equipment during voting.--A 26 member of the election board or, for purposes of early voting 27 pursuant to s. 101.657, a representative of the supervisor of 28 elections, shall occasionally examine the face of the voting 29 device and the ballot information to determine that the device 30 and the ballot information have not been damaged or tampered 31 with. 3 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 Section 12. Section 101.657, Florida Statutes, is 2 amended to read: 3 101.657 Early voting absentee ballots in person.-- 4 (1) Any qualified and registered elector may pick up 5 and vote an absentee ballot in person at the office of, and 6 under the supervision of, the supervisor of elections. Before 7 receiving the ballot, the elector must present a current and 8 valid picture identification as provided in s. 97.0535(3)(a). 9 If the elector fails to furnish the required identification, 10 or if the supervisor is in doubt as to the identity of the 11 elector, the supervisor must follow the procedure prescribed 12 in s. 101.49. If the elector who fails to furnish the required 13 identification is a first-time voter who registered by mail 14 and has not provided the required identification to the 15 supervisor of elections prior to voting, the elector shall be 16 allowed to vote a provisional ballot. The canvassing board 17 shall compare the signature on the provisional ballot envelope 18 with the signature on the voter's registration and, if the 19 signatures match, shall count the ballot. 20 (1)(a)(2) As an alternative to the provisions of ss. 21 101.64 and 101.65, The supervisor of elections shall may allow 22 an elector to vote early cast an absentee ballot in the main 23 or branch office of the supervisor by depositing the voted 24 ballot in a voting device used by the supervisor to collect or 25 tabulate ballots. In order for a branch office to be used for 26 early voting, it shall be a full-service facility of the 27 supervisor and shall have been designated as such at least 1 28 year prior to the election. The supervisor may designate any 29 city hall or public library as an early voting site; however, 30 if so designated, the site must be geographically located so 31 as to provide all voters in the county an equal opportunity to 4 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 cast a ballot, insofar as is practicable. The results or 2 tabulation may not be made before the close of the polls on 3 election day. 4 (b) Early voting shall begin on the 15th day before an 5 election and end on the day before an election. For purposes 6 of a special election held pursuant to s. 100.101, early 7 voting shall begin on the 8th day before an election and end 8 on the day before an election. Early voting shall be provided 9 for at least 8 hours per weekday during the applicable 10 periods. Early voting shall also be provided for 8 hours in 11 the aggregate for each weekend during the applicable periods. 12 (2)(a) The elector must provide identification as 13 required in subsection (1) and must complete an Early Voting 14 In-Office Voter Certificate in substantially the following 15 form: 16 17 EARLY VOTING IN-OFFICE VOTER CERTIFICATE 18 19 I, _____, am a qualified elector in this election and 20 registered voter of _____ County, Florida. I do solemnly swear 21 or affirm that I am the person so listed on the voter 22 registration rolls of _____ County and that I reside at the 23 listed address. I understand that if I commit or attempt to 24 commit fraud in connection with voting, vote a fraudulent 25 ballot, or vote more than once in an election I could be 26 convicted of a felony of the third degree and both fined up to 27 $5,000 and imprisoned for up to 5 years. I understand that my 28 failure to sign this certificate and have my signature 29 witnessed invalidates my ballot. 30 31 5 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 ... (Voter's Signature) ... 2 3 ... (Address) ... 4 5 ... (City/State) ... 6 7 ... (Name of Witness) ... 8 ... (Signature of Witness) ... 9 ... (Type of identification provided) ... 10 (b) Any elector may challenge an elector seeking to 11 vote early cast an absentee ballot under the provisions of s. 12 101.111. Any challenged voter ballot must vote be placed in a 13 provisional regular absentee ballot envelope. The canvassing 14 board shall review the ballot and decide the validity of the 15 ballot by majority vote. 16 (c) The canvass of returns for ballots cast under this 17 subsection shall be substantially the same as votes cast by 18 electors in precincts, as provided in s. 101.5614. 19 Section 13. Effective July 1, 2004, and operating 20 retroactively to January 1, 2002, subsection (3) of section 21 106.021, Florida Statutes, is amended to read: 22 106.021 Campaign treasurers; deputies; primary and 23 secondary depositories.-- 24 (3) Except for independent expenditures, No 25 contribution or expenditure, including contributions or 26 expenditures of a candidate or of the candidate's family, 27 shall be directly or indirectly made or received in 28 furtherance of the candidacy of any person for nomination or 29 election to political office in the state or on behalf of any 30 political committee except through the duly appointed campaign 31 treasurer of the candidate or political committee, subject to 6 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 the following exceptions:; however, 2 (a) Independent expenditures; 3 (b) Reimbursements to a candidate or any other 4 individual may be reimbursed for expenses incurred in 5 connection with the campaign or activities of the political 6 committee for travel, food and beverage, office supplies, and 7 mementos expressing gratitude to campaign supporters by a 8 check drawn upon the campaign account and reported pursuant to 9 s. 106.07(4). After July 1, 2004, the full name and address of 10 each person to whom the candidate or other individual made 11 payment for which reimbursement was made by check drawn upon 12 the campaign account shall be reported pursuant to s. 13 106.07(4), together with the purpose of such payment; 14 (c) Expenditures made indirectly through a treasurer 15 for goods or services, such as communications media placement 16 or procurement services, campaign signs, insurance, or other 17 expenditures that include multiple integral components as part 18 of the expenditure and reported pursuant to s. 19 106.07(4)(a)13.; or 20 (d) In addition, Expenditures may be made directly by 21 any political committee or political party regulated by 22 chapter 103 for obtaining time, space, or services in or by 23 any communications medium for the purpose of jointly endorsing 24 three or more candidates, and any such expenditure shall not 25 be considered a contribution or expenditure to or on behalf of 26 any such candidates for the purposes of this chapter. 27 Section 14. Section 106.023, Florida Statutes, is 28 amended to read: 29 106.023 Statement of candidate.-- 30 (1) Each candidate must file a statement with the 31 qualifying officer within 10 days after filing the appointment 7 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 of campaign treasurer and designation of campaign depository, 2 stating that the candidate has read and understands the 3 requirements of this chapter. Such statement shall be provided 4 by the filing officer and shall be in substantially the 5 following form: 6 STATEMENT OF CANDIDATE 7 8 I, ____, candidate for the office of ____, have 9 received, read, and understand the requirements of Chapter 10 106, Florida Statutes. 11 12 . . . (Signature of candidate) . . . . . . (Date) . . . 13 14 Willful failure to file this form is a violation of ss. 15 106.19(1)(c) and 106.25(3), F.S. 16 (2) The execution and filing of the statement of 17 candidate does not in and of itself create a presumption that 18 any violation of this chapter or chapter 104 is a willful 19 violation as defined in s. 106.37. 20 Section 15. Paragraph (a) of subsection (8) of section 21 106.04, Florida Statutes, is amended to read: 22 106.04 Committees of continuous existence.-- 23 (8)(a) Any committee of continuous existence failing 24 to file a report on the designated due date shall be subject 25 to a fine. The fine shall be $50 per day for the first 3 days 26 late and, thereafter, $500 per day for each late day, not to 27 exceed 25 percent of the total receipts or expenditures, 28 whichever is greater, for the period covered by the late 29 report. The fine shall be assessed by the filing officer, and 30 the moneys collected shall be deposited in the General Revenue 31 Elections Commission Trust Fund. No separate fine shall be 8 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 assessed for failure to file a copy of any report required by 2 this section. 3 Section 16. Paragraph (a) of subsection (2), paragraph 4 (a) of subsection (4), and paragraphs (a), (c), and (d) of 5 subsection (8) of section 106.07, Florida Statutes, are 6 amended to read: 7 106.07 Reports; certification and filing.-- 8 (2)(a) All reports required of a candidate by this 9 section shall be filed with the officer before whom the 10 candidate is required by law to qualify. All candidates who 11 file with the Department of State shall file the original and 12 one copy of their reports. In addition, a copy of each report 13 for candidates for other than statewide office who qualify 14 with the Department of State shall be filed with the 15 supervisor of elections in the county where the candidate 16 resides. Reports shall be filed not later than 5 p.m. of the 17 day designated; however, any report postmarked by the United 18 States Postal Service no later than midnight of the day 19 designated shall be deemed to have been filed in a timely 20 manner. Any report received by the filing officer within 5 21 days after the designated due date that was delivered by the 22 United States Postal Service shall be deemed timely filed 23 unless it has a postmark that indicates that the report was 24 mailed after the designated due date. A certificate of mailing 25 obtained from and dated by the United States Postal Service at 26 the time of mailing, or a receipt from an established courier 27 company, which bears a date on or before the date on which the 28 report is due, shall be proof of mailing in a timely manner. 29 Reports shall contain information of all previously unreported 30 contributions received and expenditures made as of the 31 preceding Friday, except that the report filed on the Friday 9 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 immediately preceding the election shall contain information 2 of all previously unreported contributions received and 3 expenditures made as of the day preceding that designated due 4 date. All such reports shall be open to public inspection. 5 (4)(a) Each report required by this section shall 6 contain: 7 1. The full name, address, and occupation, if any of 8 each person who has made one or more contributions to or for 9 such committee or candidate within the reporting period, 10 together with the amount and date of such contributions. For 11 corporations, the report must provide as clear a description 12 as practicable of the principal type of business conducted by 13 the corporation. However, if the contribution is $100 or less 14 or is from a relative, as defined in s. 112.312, provided that 15 the relationship is reported, the occupation of the 16 contributor or the principal type of business need not be 17 listed. 18 2. The name and address of each political committee 19 from which the reporting committee or the candidate received, 20 or to which the reporting committee or candidate made, any 21 transfer of funds, together with the amounts and dates of all 22 transfers. 23 3. Each loan for campaign purposes to or from any 24 person or political committee within the reporting period, 25 together with the full names, addresses, and occupations, and 26 principal places of business, if any, of the lender and 27 endorsers, if any, and the date and amount of such loans. 28 4. A statement of each contribution, rebate, refund, 29 or other receipt not otherwise listed under subparagraphs 1. 30 through 3. 31 5. The total sums of all loans, in-kind contributions, 10 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 and other receipts by or for such committee or candidate 2 during the reporting period. The reporting forms shall be 3 designed to elicit separate totals for in-kind contributions, 4 loans, and other receipts. 5 6. The full name and address of each person to whom 6 expenditures have been made by or on behalf of the committee 7 or candidate within the reporting period; the amount, date, 8 and purpose of each such expenditure; and the name and address 9 of, and office sought by, each candidate on whose behalf such 10 expenditure was made. However, expenditures made from the 11 petty cash fund provided by s. 106.12 need not be reported 12 individually. 13 7. The full name and address of each person to whom an 14 expenditure for personal services, salary, or reimbursement 15 for authorized expenses as provided in s. 106.021(3) has been 16 made and which is not otherwise reported, including the 17 amount, date, and purpose of such expenditure. However, 18 expenditures made from the petty cash fund provided for in s. 19 106.12 need not be reported individually. 20 8. The total amount withdrawn and the total amount 21 spent for petty cash purposes pursuant to this chapter during 22 the reporting period. 23 9. The total sum of expenditures made by such 24 committee or candidate during the reporting period. 25 10. The amount and nature of debts and obligations 26 owed by or to the committee or candidate, which relate to the 27 conduct of any political campaign. 28 11. A copy of each credit card statement which shall 29 be included in the next report following receipt thereof by 30 the candidate or political committee. Receipts for each credit 31 card purchase shall be retained by the treasurer with the 11 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 records for the campaign account. 2 12. The amount and nature of any separate 3 interest-bearing accounts or certificates of deposit and 4 identification of the financial institution in which such 5 accounts or certificates of deposit are located. 6 13. The primary purposes of an expenditure made 7 indirectly through a campaign treasurer pursuant to s. 8 106.021(3) for goods and services such as communications media 9 placement or procurement services, campaign signs, insurance, 10 and other expenditures that include multiple components as 11 part of the expenditure. The primary purpose of an expenditure 12 shall be that purpose, including integral and directly related 13 components, that comprises 80 percent of such expenditure. 14 (8)(a) Any candidate or political committee failing to 15 file a report on the designated due date shall be subject to a 16 fine as provided in paragraph (b) for each late day, and, in 17 the case of a candidate, such fine shall be paid only from 18 personal funds of the candidate. The fine shall be assessed by 19 the filing officer and the moneys collected shall be 20 deposited: 21 1. In the General Revenue Elections Commission Trust 22 Fund, in the case of a candidate for state office or a 23 political committee that registers with the Division of 24 Elections; or 25 2. In the general revenue fund of the political 26 subdivision, in the case of a candidate for an office of a 27 political subdivision or a political committee that registers 28 with an officer of a political subdivision. 29 30 No separate fine shall be assessed for failure to file a copy 31 of any report required by this section. 12 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 (c) Any candidate or chair of a political committee 2 may appeal or dispute the fine, based upon, but not limited 3 to, unusual circumstances surrounding the failure to file on 4 the designated due date, and may request and shall be entitled 5 to a hearing before the Florida Elections Commission, which 6 shall have the authority to waive the fine in whole or in 7 part. The Florida Elections Commission must consider the 8 mitigating and aggravating circumstances contained in s. 9 106.265(1) when determining the amount of a fine, if any, to 10 be waived. Any such request shall be made within 20 days after 11 receipt of the notice of payment due. In such case, the 12 candidate or chair of the political committee shall, within 13 the 20-day period, notify the filing officer in writing of his 14 or her intention to bring the matter before the commission. 15 (d) The appropriate filing officer shall notify the 16 Florida Elections Commission of the repeated late filing by a 17 candidate or political committee, the failure of a candidate 18 or political committee to file a report after notice, or the 19 failure to pay the fine imposed. The commission shall 20 investigate only those alleged late filing violations 21 specifically identified by the filing officer and as set forth 22 in the notification. Any other alleged violations must be 23 separately stated and reported by the division to the 24 commission under s. 106.25(2). 25 Section 17. Effective January 1, 2005, paragraph (a) 26 of subsection (2) of section 106.07, Florida Statutes, as 27 amended by this act, and paragraph (b) of subsection (2), 28 subsection (3), and paragraph (b) of subsection (8) of said 29 section, are amended to read: 30 106.07 Reports; certification and filing.-- 31 (2)(a) All reports required of a candidate by this 13 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 section shall be filed with the officer before whom the 2 candidate is required by law to qualify. All candidates who 3 file with the Department of State shall file the original and 4 one copy of their reports pursuant to s. 106.0705. In 5 addition, a copy of each report for candidates for other than 6 statewide office who qualify with the Department of State 7 shall be filed with the supervisor of elections in the county 8 where the candidate resides. Except as provided in s. 9 106.0705, reports shall be filed not later than 5 p.m. of the 10 day designated; however, any report postmarked by the United 11 States Postal Service no later than midnight of the day 12 designated shall be deemed to have been filed in a timely 13 manner. Any report received by the filing officer within 5 14 days after the designated due date that was delivered by the 15 United States Postal Service shall be deemed timely filed 16 unless it has a postmark that indicates that the report was 17 mailed after the designated due date. A certificate of mailing 18 obtained from and dated by the United States Postal Service at 19 the time of mailing, or a receipt from an established courier 20 company, which bears a date on or before the date on which the 21 report is due, shall be proof of mailing in a timely manner. 22 Reports shall contain information of all previously unreported 23 contributions received and expenditures made as of the 24 preceding Friday, except that the report filed on the Friday 25 immediately preceding the election shall contain information 26 of all previously unreported contributions received and 27 expenditures made as of the day preceding that designated due 28 date. All such reports shall be open to public inspection. 29 (b)1. Any report which is deemed to be incomplete by 30 the officer with whom the candidate qualifies shall be 31 accepted on a conditional basis, and the campaign treasurer 14 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 shall be notified by registered mail as to why the report is 2 incomplete and be given 3 days from receipt of such notice to 3 file an addendum to the report providing all information 4 necessary to complete the report in compliance with this 5 section. Failure to file a complete report after such notice 6 constitutes a violation of this chapter. 7 2. In lieu of the notice by registered mail as 8 required in subparagraph 1., the qualifying officer may notify 9 the campaign treasurer by telephone that the report is 10 incomplete and request the information necessary to complete 11 the report. If, however, such information is not received by 12 the qualifying officer within 3 days after of the telephone 13 request therefor, notice shall be sent by registered mail as 14 provided in subparagraph 1. 15 (3) Reports required of a political committee shall be 16 filed with the agency or officer before whom such committee 17 registers pursuant to s. 106.03(3) and shall be subject to the 18 same filing conditions as established for candidates' reports. 19 Only committees that file with the Department of State shall 20 file the original and one copy of their reports. Incomplete 21 reports by political committees shall be treated in the manner 22 provided for incomplete reports by candidates in subsection 23 (2). 24 (8) 25 (b) Upon determining that a report is late, the filing 26 officer shall immediately notify the candidate or chair of the 27 political committee as to the failure to file a report by the 28 designated due date and that a fine is being assessed for each 29 late day. The fine shall be $50 per day for the first 3 days 30 late and, thereafter, $500 per day for each late day, not to 31 exceed 25 percent of the total receipts or expenditures, 15 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 whichever is greater, for the period covered by the late 2 report. However, for the reports immediately preceding each 3 primary and general election, the fine shall be $500 per day 4 for each late day, not to exceed 25 percent of the total 5 receipts or expenditures, whichever is greater, for the period 6 covered by the late report. For reports required under s. 7 106.141(7), the fine is $50 per day for each late day, not to 8 exceed 25 percent of the total receipts or expenditures, 9 whichever is greater, for the period covered by the late 10 report. Upon receipt of the report, the filing officer shall 11 determine the amount of the fine which is due and shall notify 12 the candidate or chair. The filing officer shall determine the 13 amount of the fine due based upon the earliest of the 14 following: 15 1. When the report is actually received by such 16 officer. 17 2. When the report is postmarked. 18 3. When the certificate of mailing is dated. 19 4. When the receipt from an established courier 20 company is dated. 21 5. When the electronic receipt issued pursuant to s. 22 106.0705 is dated. 23 24 Such fine shall be paid to the filing officer within 20 days 25 after receipt of the notice of payment due, unless appeal is 26 made to the Florida Elections Commission pursuant to paragraph 27 (c). In the case of a candidate, such fine shall not be an 28 allowable campaign expenditure and shall be paid only from 29 personal funds of the candidate. An officer or member of a 30 political committee shall not be personally liable for such 31 fine. 16 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 Section 18. Effective January 1, 2005, section 2 106.0705, Florida Statutes, is created to read: 3 106.0705 Electronic filing of campaign treasurer's 4 reports.-- 5 (1) As used in this section, "electronic filing 6 system" means an Internet system for recording and reporting 7 campaign finance activity by reporting period. 8 (2)(a) Each candidate who is required to file reports 9 pursuant to s. 106.07 with the division must file such reports 10 with the division by means of the division's electronic filing 11 system. 12 (b) Each political committee, committee of continuous 13 existence, or state executive committee that is required to 14 file reports with the division under s. 106.04, s. 106.07, or 15 s. 106.29, as applicable, must file such reports with the 16 division by means of the division's electronic filing system. 17 (c) Each person or organization that is required to 18 file reports with the division under s. 106.071 must file such 19 reports with the division by means of the division's 20 electronic filing system. 21 (3) Reports filed pursuant to this section shall be 22 completed and filed through the electronic filing system not 23 later than midnight of the day designated. Reports not filed 24 by midnight of the day designated are late filed and are 25 subject to the penalties under s. 106.04(8), s. 106.07(8), or 26 s. 106.29(3), as applicable. 27 (4) Each report filed pursuant to this section is 28 considered to be under oath by the candidate and treasurer or 29 the chair and treasurer, whichever is applicable, and such 30 persons are subject to the provisions of s. 106.04(4)(d), s. 31 106.07(5), or s. 106.29(2), as applicable. Persons given a 17 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 secure sign-on to the electronic filing system are responsible 2 for protecting such from disclosure and are responsible for 3 all filings using such credentials, unless they have notified 4 the division that their credentials have been compromised. 5 (5) The electronic filing system developed by the 6 division must: 7 (a) Be based on access by means of the Internet. 8 (b) Be accessible by anyone with Internet access using 9 standard web-browsing software. 10 (c) Provide for direct entry of campaign finance 11 information as well as upload of such information from 12 campaign finance software certified by the division. 13 (d) Provide a method that prevents unauthorized access 14 to electronic filing system functions. 15 (6) The division shall adopt rules pursuant to ss. 16 120.536(1) and 120.54 to administer this section and provide 17 for the reports required to be filed pursuant to this section. 18 Such rules shall, at a minimum, provide: 19 (a) Alternate filing procedures in case the division's 20 electronic filing system is not operable. 21 (b) For the issuance of an electronic receipt to the 22 person submitting the report indicating and verifying that the 23 report has been filed. 24 Section 19. Paragraph (a) of subsection (4) and 25 subsection (6) of section 106.141, Florida Statutes, are 26 amended to read: 27 106.141 Disposition of surplus funds by candidates.-- 28 (4)(a) Except as provided in paragraph (b), any 29 candidate required to dispose of funds pursuant to this 30 section shall, at the option of the candidate, dispose of such 31 funds by any of the following means, or any combination 18 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 thereof: 2 1. Return pro rata to each contributor the funds that 3 have not been spent or obligated. 4 2. Donate the funds that have not been spent or 5 obligated to a charitable organization or organizations that 6 meet the qualifications of s. 501(c)(3) of the Internal 7 Revenue Code. 8 3. Give not more than $10,000 of the funds that have 9 not been spent or obligated to the political party of which 10 such candidate is a member, except that a candidate for the 11 Florida Senate may give not more than $30,000 of such funds to 12 the political party of which the candidate is a member. 13 4. Give the funds that have not been spent or 14 obligated: 15 a. In the case of a candidate for state office, to the 16 state, to be deposited in either the Election Campaign 17 Financing Trust Fund or the General Revenue Fund, as 18 designated by the candidate; or 19 b. In the case of a candidate for an office of a 20 political subdivision, to such political subdivision, to be 21 deposited in the general fund thereof. 22 (6) Prior to disposing of funds pursuant to subsection 23 (4) or transferring funds into an office account pursuant to 24 subsection (5), any candidate who filed an oath stating that 25 he or she was unable to pay the election assessment or fee for 26 verification of petition signatures without imposing an undue 27 burden on his or her personal resources or on resources 28 otherwise available to him or her, or who filed both such 29 oaths, or who qualified by the alternative method and was not 30 required to pay an election assessment, shall reimburse the 31 state or local governmental entity, whichever is applicable, 19 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 for such waived assessment or fee or both. Such reimbursement 2 shall be made first for the cost of petition verification and 3 then, if funds are remaining, for the amount of the election 4 assessment. If there are insufficient funds in the account to 5 pay the full amount of either the assessment or the fee or 6 both, the remaining funds shall be disbursed in the above 7 manner until no funds remain. All funds disbursed pursuant to 8 this subsection shall be remitted to the qualifying officer. 9 Any reimbursement for petition verification costs which are 10 reimbursable by the state shall be forwarded by the qualifying 11 officer to the state for deposit in the General Revenue Fund. 12 All reimbursements for the amount of the election assessment 13 shall be forwarded by the qualifying officer to the Department 14 of State for deposit in the General Revenue Elections 15 Commission Trust Fund. 16 Section 20. Subsections (2) and (4) of section 106.25, 17 Florida Statutes, are amended to read: 18 106.25 Reports of alleged violations to Florida 19 Elections Commission; disposition of findings.-- 20 (2) The commission shall investigate all violations of 21 this chapter and chapter 104, but only after having received 22 either a sworn complaint or information reported to it under 23 this subsection by the Division of Elections. Any person, 24 other than the division, having information of any violation 25 of this chapter or chapter 104 shall file a sworn complaint 26 with the commission. The commission shall investigate only 27 those alleged violations specifically contained within the 28 sworn complaint. If any complainant fails to allege all 29 violations that arise from the facts or allegations alleged in 30 a complaint, the commission shall be barred from investigating 31 a subsequent complaint from such complainant that is based 20 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 upon such facts or allegations that were raised or could have 2 been raised in the first complaint. Such sworn complaint shall 3 state whether a complaint of the same violation has been made 4 to any state attorney. Within 5 days after receipt of a sworn 5 complaint, the commission shall transmit a copy of the 6 complaint to the alleged violator. All sworn complaints 7 alleging violations of the Florida Election Code over which 8 the commission has jurisdiction shall be filed with the 9 commission within 2 years after of the alleged violations. The 10 period of limitations is tolled on the day a sworn complaint 11 is filed with the commission. 12 (4) The commission shall undertake a preliminary 13 investigation to determine if the facts alleged in a sworn 14 complaint or a matter initiated by the division constitute 15 probable cause to believe that a violation has occurred. The 16 respondent, the complainant, and their respective counsels 17 shall be permitted to attend the hearing at which the probable 18 cause determination is made. Notice of the hearing shall be 19 sent to the respondent and the complainant at least 14 days 20 prior to the date of the hearing. The respondent and his or 21 her counsel shall be permitted to make a brief oral statement 22 in the nature of oral argument to the commission before the 23 probable cause determination. The commission's determination 24 shall be based upon the investigator's report, the complaint, 25 and staff recommendations, as well as any written statements 26 submitted by the respondent and any oral statements made at 27 the hearing. No testimony or other evidence shall be accepted 28 at the hearing. Upon completion of the preliminary 29 investigation, the commission shall, by written report, find 30 probable cause or no probable cause to believe that this 31 chapter or chapter 104 has been violated. 21 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 (a) If no probable cause is found, the commission 2 shall dismiss the case and the case shall become a matter of 3 public record, except as otherwise provided in this section, 4 together with a written statement of the findings of the 5 preliminary investigation and a summary of the facts which the 6 commission shall send to the complainant and the alleged 7 violator. 8 (b) If probable cause is found, the commission shall 9 so notify the complainant and the alleged violator in writing. 10 All documents made or received in the disposition of the 11 complaint shall become public records upon a finding by the 12 commission. 13 14 In a case where probable cause is found, the commission shall 15 make a preliminary determination to consider the matter or to 16 refer the matter to the state attorney for the judicial 17 circuit in which the alleged violation occurred. 18 Section 21. Subsection (5) is added to section 19 106.265, Florida Statutes, to read: 20 106.265 Civil penalties.-- 21 (5) In any case in which the commission determines 22 that a person has filed a complaint against another person 23 with a malicious intent to injure the reputation of the person 24 complained against by filing the complaint with knowledge that 25 the complaint contains one or more false allegations or with 26 reckless disregard for whether the complaint contains false 27 allegations of fact material to a violation of this chapter or 28 chapter 104, the complainant shall be liable for costs and 29 reasonable attorney's fees incurred in the defense of the 30 person complained against, including the costs and reasonable 31 attorney's fees incurred in proving entitlement to and the 22 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 amount of costs and fees. If the complainant fails to pay such 2 costs and fees voluntarily within 30 days following such 3 finding by the commission, the commission shall forward such 4 information to the Department of Legal Affairs, which shall 5 bring a civil action in a court of competent jurisdiction to 6 recover the amount of such costs and fees awarded by the 7 commission. 8 Section 22. Paragraph (a) of subsection (3) of section 9 106.29, Florida Statutes, is amended to read: 10 106.29 Reports by political parties; restrictions on 11 contributions and expenditures; penalties.-- 12 (3)(a) Any state or county executive committee failing 13 to file a report on the designated due date shall be subject 14 to a fine as provided in paragraph (b) for each late day. The 15 fine shall be assessed by the filing officer, and the moneys 16 collected shall be deposited in the General Revenue Elections 17 Commission Trust Fund. 18 Section 23. Effective January 1, 2005, paragraph (b) 19 of subsection (3) of section 106.29, Florida Statutes, is 20 amended to read: 21 106.29 Reports by political parties; restrictions on 22 contributions and expenditures; penalties.-- 23 (3) 24 (b) Upon determining that a report is late, the filing 25 officer shall immediately notify the chair of the executive 26 committee as to the failure to file a report by the designated 27 due date and that a fine is being assessed for each late day. 28 The fine shall be $1,000 for a state executive committee, and 29 $50 for a county executive committee, per day for each late 30 day, not to exceed 25 percent of the total receipts or 31 expenditures, whichever is greater, for the period covered by 23 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 the late report. However, if an executive committee fails to 2 file a report on the Friday immediately preceding the general 3 election, the fine shall be $10,000 per day for each day a 4 state executive committee is late and $500 per day for each 5 day a county executive committee is late. Upon receipt of the 6 report, the filing officer shall determine the amount of the 7 fine which is due and shall notify the chair. The filing 8 officer shall determine the amount of the fine due based upon 9 the earliest of the following: 10 1. When the report is actually received by such 11 officer. 12 2. When the report is postmarked. 13 3. When the certificate of mailing is dated. 14 4. When the receipt from an established courier 15 company is dated. 16 5. When the electronic receipt issued pursuant to s. 17 106.0705 is dated. 18 19 Such fine shall be paid to the filing officer within 20 days 20 after receipt of the notice of payment due, unless appeal is 21 made to the Florida Elections Commission pursuant to paragraph 22 (c). An officer or member of an executive committee shall not 23 be personally liable for such fine. 24 Section 24. To provide for uniformity of the 25 proceedings, the amendments contained in this act to sections 26 106.021, 106.023, 106.04(8), 106.07, and 106.25, Florida 27 Statutes, which take effect July 1, 2004 shall apply to all 28 cases before the Florida Elections Commission pending on or 29 filed on or after the effective date of this act. 30 Section 25. If any provision of this act or its 31 application to any person or circumstance is held invalid, the 24 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 invalidity does not affect other provisions or applications of 2 the act which can be given effect without the invalid 3 provision or application, and to this end the provisions of 4 this act are severable. 5 Section 26. Except as otherwise provided herein, this 6 act shall take effect July 1, 2004. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 26, delete that line 12 13 and insert: 14 messages; amending s. 97.021, F.S.; defining 15 the term "early voting"; amending s. 101.015, 16 F.S.; requiring supervisors of elections to 17 include written procedures for early voting in 18 their accuracy and security procedures and to 19 submit any revisions to those security 20 procedures within a specified period before 21 early voting commences; amending s. 101.5612, 22 F.S.; providing for testing of tabulating 23 equipment prior to commencement of early voting 24 and notice thereof; amending s. 101.5613, F.S.; 25 specifying the person responsible for 26 examination of equipment for purposes of early 27 voting; amending s. 101.657, F.S.; authorizing 28 and providing requirements for early voting; 29 providing for designation of certain facilities 30 as early voting sites; amending s. 106.021, 31 F.S.; providing exceptions to a prohibition 25 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 against making certain contributions or 2 expenditures in connection with a campaign or 3 activities of a political committee; 4 authorizing reimbursement of expenses incurred 5 in connection with a campaign or activities of 6 a political committee; requiring disclosure of 7 the names and addresses of persons reimbursed 8 from a campaign account; providing for 9 retroactive operation; amending s. 106.023, 10 F.S.; providing that the execution and filing 11 of the statement of candidate does not in and 12 of itself create a presumption that a violation 13 of ch. 106 or ch. 104, F.S., is a willful 14 violation; amending s. 106.04, F.S.; reducing 15 the fine for late filing of campaign finance 16 reports by committees of continuous existence 17 for the first 3 days; providing for deposit of 18 fine proceeds into the General Revenue Fund; 19 amending s. 106.07, F.S.; revising requirements 20 for filing campaign reports; revising 21 requirements with respect to timely filing of 22 mailed reports; requiring the reporting of the 23 primary purposes of certain expenditures made 24 indirectly through a campaign treasurer for 25 certain goods and services; expanding grounds 26 for appealing or disputing a fine; requiring 27 the Florida Elections Commission to consider 28 mitigating and aggravating circumstances in 29 determining the amount of a fine, if any, to be 30 waived for late-filed reports; providing for 31 deposit of certain fine proceeds into the 26 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 General Revenue Fund; limiting investigation of 2 alleged late filing violations; providing for 3 electronic filing of reports; allowing 4 electronic receipts to be used as proof of 5 filing; creating s. 106.0705, F.S.; providing 6 for electronic filing of campaign finance 7 reports; providing standards and guidelines; 8 providing penalties; providing for adoption of 9 rules; amending s. 106.141, F.S.; increasing 10 the amount of surplus funds a candidate for the 11 Florida Senate can turn back to a political 12 party; providing for deposit into the General 13 Revenue Fund of reimbursed election 14 assessments; amending s. 106.25, F.S.; 15 restricting the alleged violations the 16 commission may investigate to those 17 specifically contained within a sworn 18 complaint; providing restrictions on subsequent 19 complaints based on the same facts or 20 allegations as a prior complaint; authorizing 21 respondents and complainants and their counsels 22 to attend hearings at which probable cause is 23 determined; requiring prior notice; permitting 24 a brief oral statement; specifying bases for 25 determining probable cause; amending s. 26 106.265, F.S.; providing liability of 27 complainants for costs and reasonable 28 attorney's fees under certain circumstances; 29 providing for civil actions to collect such 30 costs and fees; amending s. 106.29, F.S.; 31 providing that the proceeds of funds assessed 27 9:53 PM 04/28/04 s2346.ee10.02
SENATE AMENDMENT Bill No. CS for SB's 2346 & 516 Amendment No. ___ Barcode 934560 1 against political parties for the late filing 2 of reports shall be deposited into the General 3 Revenue Fund; providing for determination of 4 fine for electronically filed campaign finance 5 reports; providing applicability of certain 6 provisions of the bill to pending and future 7 cases before the Florida Elections Commission; 8 providing for severability; providing effective 9 dates. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 9:53 PM 04/28/04 s2346.ee10.02