Senate Bill sb2346er
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1
2 An act relating to elections; providing a short
3 title; amending s. 106.011, F.S.; redefining
4 the terms "political committee,"
5 "contribution," "expenditure," "independent
6 expenditure," "communications media," and
7 "political advertisement"; defining the term
8 "electioneering communication"; amending s.
9 106.04, F.S.; modifying contribution reporting
10 requirements for committees of continuous
11 existence; modifying prohibitions on activities
12 of committees of continuous existence; amending
13 s. 106.071, F.S.; establishing reporting
14 requirements for certain individuals making
15 electioneering communications; modifying
16 sponsorship disclaimer requirements for
17 independent expenditures; creating an
18 exemption; deleting a limitation on
19 contributions to fund independent expenditures;
20 amending s. 106.143, F.S.; modifying
21 sponsorship disclaimer requirements for
22 political advertisements; amending s. 106.1437,
23 F.S.; creating exemptions to disclaimer
24 requirements for certain public policy
25 advertisements; creating s. 106.1439, F.S.;
26 creating disclaimer requirements for
27 electioneering communications; providing
28 penalties; repealing s. 106.148, F.S., relating
29 to sponsorship disclaimer requirements for
30 certain computer messages; amending s. 97.021,
31 F.S.; defining the term "early voting";
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1 amending s. 101.015, F.S.; requiring
2 supervisors of elections to include written
3 procedures for early voting in their accuracy
4 and security procedures and to submit any
5 revisions to those security procedures within a
6 specified period before early voting commences;
7 amending s. 101.5612, F.S.; providing for
8 testing of tabulating equipment prior to
9 commencement of early voting and notice
10 thereof; amending s. 101.5613, F.S.; specifying
11 the person responsible for examination of
12 equipment for purposes of early voting;
13 amending s. 101.657, F.S.; authorizing and
14 providing requirements for early voting;
15 providing for designation of certain facilities
16 as early voting sites; amending s. 106.021,
17 F.S.; providing exceptions to a prohibition
18 against making certain contributions or
19 expenditures in connection with a campaign or
20 activities of a political committee;
21 authorizing reimbursement of expenses incurred
22 in connection with a campaign or activities of
23 a political committee; requiring disclosure of
24 the names and addresses of persons reimbursed
25 from a campaign account; providing for
26 retroactive operation; amending s. 106.023,
27 F.S.; providing that the execution and filing
28 of the statement of candidate does not in and
29 of itself create a presumption that a violation
30 of ch. 106 or ch. 104, F.S., is a willful
31 violation; amending s. 106.04, F.S.; reducing
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1 the fine for late filing of campaign finance
2 reports by committees of continuous existence
3 for the first 3 days; providing for deposit of
4 fine proceeds into the General Revenue Fund;
5 amending s. 106.07, F.S.; revising requirements
6 for filing campaign reports; revising
7 requirements with respect to timely filing of
8 mailed reports; requiring the reporting of the
9 primary purposes of certain expenditures made
10 indirectly through a campaign treasurer for
11 certain goods and services; expanding grounds
12 for appealing or disputing a fine; requiring
13 the Florida Elections Commission to consider
14 mitigating and aggravating circumstances in
15 determining the amount of a fine, if any, to be
16 waived for late-filed reports; providing for
17 deposit of certain fine proceeds into the
18 General Revenue Fund; limiting investigation of
19 alleged late filing violations; providing for
20 electronic filing of reports; allowing
21 electronic receipts to be used as proof of
22 filing; creating s. 106.0705, F.S.; providing
23 for electronic filing of campaign finance
24 reports; providing standards and guidelines;
25 providing penalties; providing for adoption of
26 rules; amending s. 106.141, F.S.; increasing
27 the amount of surplus funds a candidate for the
28 Florida Senate can turn back to a political
29 party; providing for deposit into the General
30 Revenue Fund of reimbursed election
31 assessments; amending s. 106.25, F.S.;
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1 restricting the alleged violations the
2 commission may investigate to those
3 specifically contained within a sworn
4 complaint; providing restrictions on subsequent
5 complaints based on the same facts or
6 allegations as a prior complaint; authorizing
7 respondents and complainants and their counsels
8 to attend hearings at which probable cause is
9 determined; requiring prior notice; permitting
10 a brief oral statement; specifying bases for
11 determining probable cause; amending s.
12 106.265, F.S.; providing liability of
13 complainants for costs and reasonable
14 attorney's fees under certain circumstances;
15 providing for civil actions to collect such
16 costs and fees; amending s. 106.29, F.S.;
17 providing that the proceeds of funds assessed
18 against political parties for the late filing
19 of reports shall be deposited into the General
20 Revenue Fund; providing for determination of
21 fine for electronically filed campaign finance
22 reports; providing for severability; providing
23 effective dates.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. This act may be cited as the "Florida
28 Advertising Campaign Exposure Act."
29 Section 2. Section 106.011, Florida Statutes, is
30 amended to read:
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1 106.011 Definitions.--As used in this chapter, the
2 following terms have the following meanings unless the context
3 clearly indicates otherwise:
4 (1)(a) "Political committee" means:
5 1. A combination of two or more individuals, or a
6 person other than an individual, that, in an aggregate amount
7 in excess of $500 during a single calendar year:
8 a. Accepts contributions for the purpose of making
9 contributions to any candidate, political committee, committee
10 of continuous existence, or political party;
11 b. Accepts contributions for the purpose of expressly
12 advocating the election or defeat of a candidate or the
13 passage or defeat of an issue;
14 c. Makes expenditures that expressly advocate the
15 election or defeat of a candidate or the passage or defeat of
16 an issue; or
17 d. Makes contributions to a common fund, other than a
18 joint checking account between spouses, from which
19 contributions are made to any candidate, political committee,
20 committee of continuous existence, or political party;.
21 2. The sponsor of a proposed constitutional amendment
22 by initiative who intends to seek the signatures of registered
23 electors.
24 (b) Notwithstanding paragraph (a), the following
25 entities are not considered political committees for purposes
26 of this chapter:
27 1. Organizations which are certified by the Department
28 of State as committees of continuous existence pursuant to s.
29 106.04, national political parties, and the state and county
30 executive committees of political parties regulated by chapter
31 103.
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1 2. Corporations regulated by chapter 607 or chapter
2 617 or other business entities formed for purposes other than
3 to support or oppose issues or candidates, if their political
4 activities are limited to contributions to candidates,
5 political parties, or political committees or expenditures in
6 support of or opposition to an issue from corporate or
7 business funds and if no contributions are received by such
8 corporations or business entities.
9 3. Organizations whose activities are limited to
10 making expenditures for electioneering communications or
11 accepting contributions for the purpose of making
12 electioneering communications; however, such organizations
13 shall be required to register and report contributions,
14 including those received from committees of continuous
15 existence, and expenditures in the same manner, at the same
16 time, subject to the same penalties, and with the same filing
17 officer as a political committee supporting or opposing a
18 candidate or issue contained in the electioneering
19 communication. If any such organization would be required to
20 register and report with more than one filing officer, the
21 organization shall register and report solely with the
22 Division of Elections.
23 (2) "Committee of continuous existence" means any
24 group, organization, association, or other such entity which
25 is certified pursuant to the provisions of s. 106.04.
26 (3) "Contribution" means:
27 (a) A gift, subscription, conveyance, deposit, loan,
28 payment, or distribution of money or anything of value,
29 including contributions in kind having an attributable
30 monetary value in any form, made for the purpose of
31
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1 influencing the results of an election or making an
2 electioneering communication.
3 (b) A transfer of funds between political committees,
4 between committees of continuous existence, or between a
5 political committee and a committee of continuous existence.
6 (c) The payment, by any person other than a candidate
7 or political committee, of compensation for the personal
8 services of another person which are rendered to a candidate
9 or political committee without charge to the candidate or
10 committee for such services.
11 (d) The transfer of funds by a campaign treasurer or
12 deputy campaign treasurer between a primary depository and a
13 separate interest-bearing account or certificate of deposit,
14 and the term includes any interest earned on such account or
15 certificate.
16
17 Notwithstanding the foregoing meanings of "contribution," the
18 word shall not be construed to include services, including,
19 but not limited to, legal and accounting services, provided
20 without compensation by individuals volunteering a portion or
21 all of their time on behalf of a candidate or political
22 committee. This definition shall not be construed to include
23 editorial endorsements.
24 (4)(a) "Expenditure" means a purchase, payment,
25 distribution, loan, advance, transfer of funds by a campaign
26 treasurer or deputy campaign treasurer between a primary
27 depository and a separate interest-bearing account or
28 certificate of deposit, or gift of money or anything of value
29 made for the purpose of influencing the results of an election
30 or making an electioneering communication. However,
31 "expenditure" does not include a purchase, payment,
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1 distribution, loan, advance, or gift of money or anything of
2 value made for the purpose of influencing the results of an
3 election when made by an organization, in existence prior to
4 the time during which a candidate qualifies or an issue is
5 placed on the ballot for that election, for the purpose of
6 printing or distributing such organization's newsletter,
7 containing a statement by such organization in support of or
8 opposition to a candidate or issue, which newsletter is
9 distributed only to members of such organization.
10 (b) As used in this chapter, an "expenditure" for an
11 electioneering communication is made when the earliest of the
12 following occurs:
13 1. A person executes a contract for applicable goods
14 or services;
15 2. A person makes payment, in whole or in part, for
16 applicable goods or services; or
17 3. The electioneering communication is publicly
18 disseminated.
19 (5)(a) "Independent expenditure" means an expenditure
20 by a person for the purpose of expressly advocating the
21 election or defeat of a candidate or the approval or rejection
22 of an issue, which expenditure is not controlled by,
23 coordinated with, or made upon consultation with, any
24 candidate, political committee, or agent of such candidate or
25 committee. An expenditure for such purpose by a person having
26 a contract with the candidate, political committee, or agent
27 of such candidate or committee in a given election period
28 shall not be deemed an independent expenditure.
29 (b) An expenditure for the purpose of expressly
30 advocating the election or defeat of a candidate which is made
31 by the national, state, or county executive committee of a
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1 political party, including any subordinate committee of a
2 national, state, or county committee of a political party, or
3 by any political committee or committee of continuous
4 existence, or any other person, shall not be considered an
5 independent expenditure if the committee or person:
6 1. Communicates with the candidate, the candidate's
7 campaign, or an agent of the candidate acting on behalf of the
8 candidate, including any pollster, media consultant,
9 advertising agency, vendor, advisor, or staff member,
10 concerning the preparation of, use of, or payment for, the
11 specific expenditure or advertising campaign at issue; or
12 2. Makes a payment in cooperation, consultation, or
13 concert with, at the request or suggestion of, or pursuant to
14 any general or particular understanding with the candidate,
15 the candidate's campaign, a political committee supporting the
16 candidate, or an agent of the candidate relating to the
17 specific expenditure or advertising campaign at issue; or
18 3. Makes a payment for the dissemination,
19 distribution, or republication, in whole or in part, of any
20 broadcast or any written, graphic, or other form of campaign
21 material prepared by the candidate, the candidate's campaign,
22 or an agent of the candidate, including any pollster, media
23 consultant, advertising agency, vendor, advisor, or staff
24 member; or
25 4. Makes a payment based on information about the
26 candidate's plans, projects, or needs communicated to a member
27 of the committee or person by the candidate or an agent of the
28 candidate, provided the committee or person uses the
29 information in any way, in whole or in part, either directly
30 or indirectly, to design, prepare, or pay for the specific
31 expenditure or advertising campaign at issue; or
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1 5. After the last day of qualifying for statewide or
2 legislative office, consults about the candidate's plans,
3 projects, or needs in connection with the candidate's pursuit
4 of election to office and the information is used in any way
5 to plan, create, design, or prepare an independent expenditure
6 or advertising campaign, with:
7 a. Any officer, director, employee, or agent of a
8 national, state, or county executive committee of a political
9 party that has made or intends to make expenditures in
10 connection with or contributions to the candidate; or
11 b. Any person whose professional services have been
12 retained by a national, state, or county executive committee
13 of a political party that has made or intends to make
14 expenditures in connection with or contributions to the
15 candidate; or
16 6. After the last day of qualifying for statewide or
17 legislative office, retains the professional services of any
18 person also providing those services to the candidate in
19 connection with the candidate's pursuit of election to office;
20 or
21 7. Arranges, coordinates, or directs the expenditure,
22 in any way, with the candidate or an agent of the candidate.
23 (6) "Election" means any primary election, special
24 primary election, general election, special election, or
25 municipal election held in this state for the purpose of
26 nominating or electing candidates to public office, choosing
27 delegates to the national nominating conventions of political
28 parties, or submitting an issue to the electors for their
29 approval or rejection.
30 (7) "Issue" means any proposition which is required by
31 the State Constitution, by law or resolution of the
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1 Legislature, or by the charter, ordinance, or resolution of
2 any political subdivision of this state to be submitted to the
3 electors for their approval or rejection at an election, or
4 any proposition for which a petition is circulated in order to
5 have such proposition placed on the ballot at any election.
6 (8) "Person" means an individual or a corporation,
7 association, firm, partnership, joint venture, joint stock
8 company, club, organization, estate, trust, business trust,
9 syndicate, or other combination of individuals having
10 collective capacity. The term includes a political party,
11 political committee, or committee of continuous existence.
12 (9) "Campaign treasurer" means an individual appointed
13 by a candidate or political committee as provided in this
14 chapter.
15 (10) "Public office" means any state, county,
16 municipal, or school or other district office or position
17 which is filled by vote of the electors.
18 (11) "Campaign fund raiser" means any affair held to
19 raise funds to be used in a campaign for public office.
20 (12) "Division" means the Division of Elections of the
21 Department of State.
22 (13) "Communications media" means broadcasting
23 stations, newspapers, magazines, outdoor advertising
24 facilities, printers, direct mailing companies, advertising
25 agencies, the Internet, and telephone companies; but with
26 respect to telephones, an expenditure shall be deemed to be an
27 expenditure for the use of communications media only if made
28 for the costs of telephones, paid telephonists, or automatic
29 telephone equipment to be used by a candidate or a political
30 committee to communicate with potential voters but excluding
31 any costs of telephones incurred by a volunteer for use of
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1 telephones by such volunteer; however, with respect to the
2 Internet, an expenditure shall be deemed an expenditure for
3 use of communications media only if made for the cost of
4 creating or disseminating a message on a computer information
5 system accessible by more than one person but excluding
6 internal communications of a campaign or of any group.
7 (14) "Filing officer" means the person before whom a
8 candidate qualifies, the agency or officer with whom a
9 political committee registers, or the agency by whom a
10 committee of continuous existence is certified.
11 (15) "Unopposed candidate" means a candidate for
12 nomination or election to an office who, after the last day on
13 which any person, including a write-in candidate, may qualify,
14 is without opposition in the election at which the office is
15 to be filled or who is without such opposition after such date
16 as a result of any primary election or of withdrawal by other
17 candidates seeking the same office. A candidate is not an
18 unopposed candidate if there is a vacancy to be filled under
19 s. 100.111(4), if there is a legal proceeding pending
20 regarding the right to a ballot position for the office sought
21 by the candidate, or if the candidate is seeking retention as
22 a justice or judge.
23 (16) "Candidate" means any person to whom any one or
24 more of the following apply:
25 (a) Any person who seeks to qualify for nomination or
26 election by means of the petitioning process.
27 (b) Any person who seeks to qualify for election as a
28 write-in candidate.
29 (c) Any person who receives contributions or makes
30 expenditures, or consents for any other person to receive
31 contributions or make expenditures, with a view to bring about
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1 his or her nomination or election to, or retention in, public
2 office.
3 (d) Any person who appoints a treasurer and designates
4 a primary depository.
5 (e) Any person who files qualification papers and
6 subscribes to a candidate's oath as required by law.
7
8 However, this definition does not include any candidate for a
9 political party executive committee.
10 (17) "Political advertisement" means a paid expression
11 in any communications media prescribed in subsection (13),
12 whether radio, television, newspaper, magazine, periodical,
13 campaign literature, direct mail, or display or by means other
14 than the spoken word in direct conversation, which expressly
15 advocates the election or defeat of a candidate or the
16 approval or rejection of an issue shall support or oppose any
17 candidate, elected public official, or issue. However,
18 political advertisement does not include:
19 (a) A statement by an organization, in existence prior
20 to the time during which a candidate qualifies or an issue is
21 placed on the ballot for that election, in support of or
22 opposition to a candidate or issue, in that organization's
23 newsletter, which newsletter is distributed only to the
24 members of that organization.
25 (b) Editorial endorsements by any newspaper, radio or
26 television station, or other recognized news medium.
27 (18)(a) "Electioneering communication" means a paid
28 expression in any communications media prescribed in
29 subsection (13) by means other than the spoken word in direct
30 conversation that:
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1 1. Refers to or depicts a clearly identified candidate
2 for office or contains a clear reference indicating that an
3 issue is to be voted on at an election, without expressly
4 advocating the election or defeat of a candidate or the
5 passage or defeat of an issue.
6 2. For communications referring to or depicting a
7 clearly identified candidate for office, is targeted to the
8 relevant electorate. A communication is considered targeted if
9 1,000 or more persons in the geographic area the candidate
10 would represent if elected will receive the communication.
11 3. For communications referring to or depicting a
12 clearly identified candidate for office, is published after
13 the end of the candidate qualifying period for the office
14 sought by the candidate.
15 4. For communications containing a clear reference
16 indicating that an issue is to be voted on at an election, is
17 published after the issue is designated a ballot position or
18 120 days before the date of the election on the issue,
19 whichever occurs first.
20 (b) The term "electioneering communication" does not
21 include:
22 1. A statement or depiction by an organization, in
23 existence prior to the time during which a candidate named or
24 depicted qualifies or an issue identified is placed on the
25 ballot for that election, made in that organization's
26 newsletter, which newsletter is distributed only to members of
27 that organization.
28 2. An editorial endorsement, news story, commentary,
29 or editorial by any newspaper, radio, television station, or
30 other recognized news medium.
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1 3. A communication that constitutes a public debate or
2 forum that includes at least two opposing candidates for an
3 office or one advocate and one opponent of an issue, or that
4 solely promotes such a debate or forum and is made by or on
5 behalf of the person sponsoring the debate or forum, provided
6 that:
7 a. The staging organization is either:
8 (I) A charitable organization that does not make other
9 electioneering communications and does not otherwise support
10 or oppose any political candidate or political party; or
11 (II) A newspaper, radio station, television station,
12 or other recognized news medium; and
13 b. The staging organization does not structure the
14 debate to promote or advance one candidate or issue position
15 over another.
16 (c) For purposes of this chapter, an expenditure made
17 for, or in furtherance of, an electioneering communication
18 shall not be considered a contribution to or on behalf of any
19 candidate.
20 (d) For purposes of this chapter, an electioneering
21 communication shall not constitute an independent expenditure
22 nor be subject to the limitations applicable to independent
23 expenditures.
24 Section 3. Subsections (4) and (5) of section 106.04,
25 Florida Statutes, are amended to read:
26 106.04 Committees of continuous existence.--
27 (4)(a) Each committee of continuous existence shall
28 file an annual report with the Division of Elections during
29 the month of January. Such annual reports shall contain the
30 same information and shall be accompanied by the same
31 materials as original applications filed pursuant to
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1 subsection (2). However, the charter or bylaws need not be
2 filed if the annual report is accompanied by a sworn statement
3 by the chair that no changes have been made to such charter or
4 bylaws since the last filing.
5 (b)1. Each committee of continuous existence shall
6 file regular reports with the Division of Elections at the
7 same times and subject to the same filing conditions as are
8 established by s. 106.07(1) and (2) for candidates' reports.
9 2. Any committee of continuous existence failing to so
10 file a report with the Division of Elections pursuant to this
11 paragraph on the designated due date shall be subject to a
12 fine for late filing as provided by this section.
13 (c) All committees of continuous existence shall file
14 the original and one copy of their reports with the Division
15 of Elections. In addition, a duplicate copy of each report
16 shall be filed with the supervisor of elections in the county
17 in which the committee maintains its books and records, except
18 that if the filing officer to whom the committee is required
19 to report is located in the same county as the supervisor no
20 such duplicate report is required to be filed with the
21 supervisor. Reports shall be on forms provided by the
22 division and shall contain the following information:
23 1. The full name, address, and occupation of each
24 person who has made one or more contributions, including
25 contributions that represent the payment of membership dues,
26 to the committee during the reporting period, together with
27 the amounts and dates of such contributions. For corporations,
28 the report must provide as clear a description as practicable
29 of the principal type of business conducted by the
30 corporation. However, if the contribution is $100 or less, the
31 occupation of the contributor or principal type of business
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1 need not be listed. However, for any contributions that which
2 represent the payment of dues by members in a fixed amount
3 aggregating no more than $250 per calendar year, pursuant to
4 the schedule on file with the Division of Elections, only the
5 aggregate amount of such contributions need be listed,
6 together with the number of members paying such dues and the
7 amount of the membership dues.
8 2. The name and address of each political committee or
9 committee of continuous existence from which the reporting
10 committee received, or the name and address of each political
11 committee, committee of continuous existence, or political
12 party to which it made, any transfer of funds, together with
13 the amounts and dates of all transfers.
14 3. Any other receipt of funds not listed pursuant to
15 subparagraph 1. or subparagraph 2., including the sources and
16 amounts of all such funds.
17 4. The name and address of, and office sought by, each
18 candidate to whom the committee has made a contribution during
19 the reporting period, together with the amount and date of
20 each contribution.
21 5. The full name and address of each person to whom
22 expenditures have been made by or on behalf of the committee
23 within the reporting period; the amount, date, and purpose of
24 each such expenditure; and the name and address, and office
25 sought by, each candidate on whose behalf such expenditure was
26 made.
27 6. The total sum of expenditures made by the committee
28 during the reporting period.
29 (d) The treasurer of each committee shall certify as
30 to the correctness of each report and shall bear the
31 responsibility for its accuracy and veracity. Any treasurer
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1 who willfully certifies to the correctness of a report while
2 knowing that such report is incorrect, false, or incomplete
3 commits a misdemeanor of the first degree, punishable as
4 provided in s. 775.082 or s. 775.083.
5 (5) No committee of continuous existence shall make an
6 electioneering communication, contribute to any candidate or
7 political committee an amount in excess of the limits
8 contained in s. 106.08(1), or participate in any other
9 activity which is prohibited by this chapter. If any violation
10 occurs, it shall be punishable as provided in this chapter for
11 the given offense. No funds of a committee of continuous
12 existence shall be expended on behalf of a candidate, except
13 by means of a contribution made through the duly appointed
14 campaign treasurer of a candidate. No such committee shall
15 make expenditures in support of, or in opposition to, an issue
16 unless such committee first registers as a political committee
17 pursuant to this chapter and undertakes all the practices and
18 procedures required thereof; provided such committee may make
19 contributions in a total amount not to exceed 25 percent of
20 its aggregate income, as reflected in the annual report filed
21 for the previous year, to one or more political committees
22 registered pursuant to s. 106.03 and formed to support or
23 oppose issues.
24 Section 4. Section 106.071, Florida Statutes, is
25 amended to read:
26 106.071 Independent expenditures; electioneering
27 communications; reports; disclaimers.--
28 (1) Each person who makes an independent expenditure
29 with respect to any candidate or issue, and each individual
30 who makes an expenditure for an electioneering communication
31 which is not otherwise reported pursuant to this chapter,
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1 which expenditure, in the aggregate, is in the amount of $100
2 or more, shall file periodic reports of such expenditures in
3 the same manner, at the same time, subject to the same
4 penalties, and with the same officer as a political committee
5 supporting or opposing such candidate or issue. The report
6 shall contain the full name and address of the person making
7 the expenditure; the full name and address of each person to
8 whom and for whom each such expenditure has been made; the
9 amount, date, and purpose of each such expenditure; a
10 description of the services or goods obtained by each such
11 expenditure; the issue to which the expenditure relates; and
12 the name and address of, and office sought by, each candidate
13 on whose behalf such expenditure was made.
14 (2) Any political advertisement paid for by an
15 independent expenditure shall prominently state "Paid
16 political advertisement paid for by . . . (Name and address
17 of person or committee paying for advertisement) . .
18 . independently of any . . . (candidate or committee) . . .
19 . ," and shall contain the name and address of the person
20 paying for the political advertisement.
21 (3) Subsection (2) does not apply to novelty items
22 having a retail value of $10 or less which support, but do not
23 oppose, a candidate or issue.
24 (4)(2) Any person who fails to include the disclaimer
25 prescribed in subsection (2) (1) in any political
26 advertisement that which is required to contain such
27 disclaimer commits is guilty of a misdemeanor of the first
28 degree, punishable as provided in s. 775.082 or s. 775.083.
29 (3) No person may make a contribution in excess of
30 $1,000 to any other person, to be used by such other person to
31 make an independent expenditure.
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1 Section 5. Subsection (1) of section 106.143, Florida
2 Statutes, is amended to read:
3 106.143 Political advertisements circulated prior to
4 election; requirements.--
5 (1)(a) Any political advertisement that is paid for by
6 a candidate and that is published, displayed, or circulated
7 prior to, or on the day of, any election must prominently
8 state: "Political advertisement paid for and approved by . .
9 . (name of candidate) . . . , . . . (party affiliation) .
10 . . , for . . . (office sought) . . . ."
11 (b) Any other political advertisement and any campaign
12 literature published, displayed, or circulated prior to, or on
13 the day of, any election must prominently shall:
14 1.(a) Be marked "paid political advertisement" or with
15 the abbreviation "pd. pol. adv."
16 2. State the name and address of the persons
17 sponsoring the advertisement.
18 (b) Identify the persons or organizations sponsoring
19 the advertisement.
20 3.a.(I)(c)1.a. State whether the advertisement and the
21 cost of production is paid for or provided in kind by or at
22 the expense of the entity publishing, displaying,
23 broadcasting, or circulating the political advertisement; or
24 (II)b. State who provided or paid for the
25 advertisement and cost of production, if different from the
26 source of sponsorship.
27 b.2. This subparagraph does paragraph shall not apply
28 if the source of the sponsorship is patently clear from the
29 content or format of the political advertisement or campaign
30 literature.
31
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1 This subsection does not apply to campaign messages used by a
2 candidate and the candidate's supporters if those messages are
3 designed to be worn by a person.
4 Section 6. Section 106.1437, Florida Statutes, is
5 amended to read:
6 106.1437 Miscellaneous advertisements.--Any
7 advertisement, other than a political advertisement,
8 independent expenditure, or electioneering communication, on
9 billboards, bumper stickers, radio, or television, or in a
10 newspaper, a magazine, or a periodical, intended to influence
11 public policy or the vote of a public official, shall clearly
12 designate the sponsor of such advertisement by including a
13 clearly readable statement of sponsorship. If the
14 advertisement is broadcast on television, the advertisement
15 shall also contain a verbal statement of sponsorship. This
16 section shall not apply to an editorial endorsement.
17 Section 7. Section 106.1439, Florida Statutes, is
18 created to read:
19 106.1439 Electioneering communications; disclaimers.--
20 (1) Any electioneering communication shall prominently
21 state, "Paid electioneering communication paid for by . .
22 . (Name and address of person paying for the communication) .
23 . . ."
24 (2) Any person who fails to include the disclaimer
25 prescribed in this section in any electioneering communication
26 that is required to contain such disclaimer commits a
27 misdemeanor of the first degree, punishable as provided in s.
28 775.082 or s. 775.083.
29 Section 8. Section 106.148, Florida Statutes, is
30 repealed.
31
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1 Section 9. Subsections (7) through (38) are renumbered
2 as subsections (8) through (39), respectively, and a new
3 subsection (8) is added to said section to read:
4 97.021 Definitions.--For the purposes of this code,
5 except where the context clearly indicates otherwise, the
6 term:
7 (7) "Early voting" means casting a ballot prior to
8 election day at a location designated by the supervisor of
9 elections and depositing the voted ballot in the tabulation
10 system.
11 Section 10. Paragraphs (b) and (c) of subsection (4)
12 of section 101.015, Florida Statutes, are amended to read:
13 101.015 Standards for voting systems.--
14 (4)
15 (b) Each supervisor of elections shall establish
16 written procedures to assure accuracy and security in his or
17 her county, including procedures related to early voting
18 pursuant to s. 101.657. and Such procedures shall be reviewed
19 in each odd-numbered year by the Department of State.
20 (c) Each supervisor of elections shall submit any
21 revisions to the security procedures to the Department of
22 State at least 45 days before early voting commences pursuant
23 to s. 101.657 in an the first election in which they are to
24 take effect.
25 Section 11. Subsection (2) of section 101.5612,
26 Florida Statutes, is amended to read:
27 101.5612 Testing of tabulating equipment.--
28 (2) On any day not more than 10 days prior to the
29 commencement of early voting as provided in s. 101.657
30 election day, the supervisor of elections shall have the
31 automatic tabulating equipment publicly tested to ascertain
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1 that the equipment will correctly count the votes cast for all
2 offices and on all measures. Public notice of the time and
3 place of the test shall be given at least 48 hours prior
4 thereto by publication once in one or more newspapers of
5 general circulation in the county or, if there is no newspaper
6 of general circulation in the county, by posting the such
7 notice in at least four conspicuous places in the county. The
8 supervisor or the municipal elections official may, at the
9 time of qualifying, give written notice of the time and
10 location of the such public preelection test to each candidate
11 qualifying with that office and obtain a signed receipt that
12 the such notice has been given. The Department of State shall
13 give written notice to each statewide candidate at the time of
14 qualifying, or immediately at the end of qualifying, that the
15 voting equipment will be tested and advise each such candidate
16 to contact the county supervisor of elections as to the time
17 and location of the public preelection test. The supervisor or
18 the municipal elections official shall, at least 15 days prior
19 to the commencement of early voting as provided in s. 101.657
20 an election, send written notice by certified mail to the
21 county party chair of each political party and to all
22 candidates for other than statewide office whose names appear
23 on the ballot in the county and who did not receive written
24 notification from the supervisor or municipal elections
25 official at the time of qualifying, stating the time and
26 location of the public preelection test of the automatic
27 tabulating equipment. The canvassing board shall convene, and
28 each member of the canvassing board shall certify to the
29 accuracy of the test. For the test, the canvassing board may
30 designate one member to represent it. The test shall be open
31 to representatives of the political parties, the press, and
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1 the public. Each political party may designate one person with
2 expertise in the computer field who shall be allowed in the
3 central counting room when all tests are being conducted and
4 when the official votes are being counted. The Such designee
5 shall not interfere with the normal operation of the
6 canvassing board.
7 Section 12. Section 101.5613, Florida Statutes, is
8 amended to read:
9 101.5613 Examination of equipment during voting.--A
10 member of the election board or, for purposes of early voting
11 pursuant to s. 101.657, a representative of the supervisor of
12 elections, shall occasionally examine the face of the voting
13 device and the ballot information to determine that the device
14 and the ballot information have not been damaged or tampered
15 with.
16 Section 13. Section 101.657, Florida Statutes, is
17 amended to read:
18 101.657 Early voting absentee ballots in person.--
19 (1) Any qualified and registered elector may pick up
20 and vote an absentee ballot in person at the office of, and
21 under the supervision of, the supervisor of elections. Before
22 receiving the ballot, the elector must present a current and
23 valid picture identification as provided in s. 97.0535(3)(a).
24 If the elector fails to furnish the required identification,
25 or if the supervisor is in doubt as to the identity of the
26 elector, the supervisor must follow the procedure prescribed
27 in s. 101.49. If the elector who fails to furnish the required
28 identification is a first-time voter who registered by mail
29 and has not provided the required identification to the
30 supervisor of elections prior to voting, the elector shall be
31 allowed to vote a provisional ballot. The canvassing board
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1 shall compare the signature on the provisional ballot envelope
2 with the signature on the voter's registration and, if the
3 signatures match, shall count the ballot.
4 (1)(a)(2) As an alternative to the provisions of ss.
5 101.64 and 101.65, The supervisor of elections shall may allow
6 an elector to vote early cast an absentee ballot in the main
7 or branch office of the supervisor by depositing the voted
8 ballot in a voting device used by the supervisor to collect or
9 tabulate ballots. In order for a branch office to be used for
10 early voting, it shall be a full-service facility of the
11 supervisor and shall have been designated as such at least 1
12 year prior to the election. The supervisor may designate any
13 city hall or public library as early voting sites; however, if
14 so designated, the sites must be geographically located so as
15 to provide all voters in the county an equal opportunity to
16 cast a ballot, insofar as is practicable. The results or
17 tabulation may not be made before the close of the polls on
18 election day.
19 (b) Early voting shall begin on the 15th day before an
20 election and end on the day before an election. For purposes
21 of a special election held pursuant to s. 100.101, early
22 voting shall begin on the 8th day before an election and end
23 on the day before an election. Early voting shall be provided
24 for at least 8 hours per weekday during the applicable
25 periods. Early voting shall also be provided for 8 hours in
26 the aggregate for each weekend during the applicable periods.
27 (2)(a) The elector must provide identification as
28 required in subsection (1) and must complete an Early Voting
29 In-Office Voter Certificate in substantially the following
30 form:
31
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1 EARLY VOTING IN-OFFICE VOTER CERTIFICATE
2
3 I, _____, am a qualified elector in this election and
4 registered voter of _____ County, Florida. I do solemnly swear
5 or affirm that I am the person so listed on the voter
6 registration rolls of _____ County and that I reside at the
7 listed address. I understand that if I commit or attempt to
8 commit fraud in connection with voting, vote a fraudulent
9 ballot, or vote more than once in an election I could be
10 convicted of a felony of the third degree and both fined up to
11 $5,000 and imprisoned for up to 5 years. I understand that my
12 failure to sign this certificate and have my signature
13 witnessed invalidates my ballot.
14
15
16 ... (Voter's Signature) ...
17
18 ... (Address) ...
19
20 ... (City/State) ...
21
22 ... (Name of Witness) ...
23 ... (Signature of Witness) ...
24 ... (Type of identification provided) ...
25 (b) Any elector may challenge an elector seeking to
26 vote early cast an absentee ballot under the provisions of s.
27 101.111. Any challenged voter ballot must vote be placed in a
28 provisional regular absentee ballot envelope. The canvassing
29 board shall review the ballot and decide the validity of the
30 ballot by majority vote.
31
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1 (c) The canvass of returns for ballots cast under this
2 subsection shall be substantially the same as votes cast by
3 electors in precincts, as provided in s. 101.5614.
4 Section 14. Effective July 1, 2004, and operating
5 retroactively to January 1, 2002, subsection (3) of section
6 106.021, Florida Statutes, is amended to read:
7 106.021 Campaign treasurers; deputies; primary and
8 secondary depositories.--
9 (3) Except for independent expenditures, No
10 contribution or expenditure, including contributions or
11 expenditures of a candidate or of the candidate's family,
12 shall be directly or indirectly made or received in
13 furtherance of the candidacy of any person for nomination or
14 election to political office in the state or on behalf of any
15 political committee except through the duly appointed campaign
16 treasurer of the candidate or political committee, subject to
17 the following exceptions:; however,
18 (a) Independent expenditures;
19 (b) Reimbursements to a candidate or any other
20 individual may be reimbursed for expenses incurred in
21 connection with the campaign or activities of the political
22 committee for travel, food and beverage, office supplies, and
23 mementos expressing gratitude to campaign supporters by a
24 check drawn upon the campaign account and reported pursuant to
25 s. 106.07(4). After July 1, 2004, the full name and address of
26 each person to whom the candidate or other individual made
27 payment for which reimbursement was made by check drawn upon
28 the campaign account shall be reported pursuant to s.
29 106.07(4), together with the purpose of such payment;
30 (c) Expenditures made indirectly through a treasurer
31 for goods or services, such as communications media placement
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1 or procurement services, campaign signs, insurance, or other
2 expenditures that include multiple integral components as part
3 of the expenditure and reported pursuant to s.
4 106.07(4)(a)13.; or
5 (d) In addition, Expenditures may be made directly by
6 any political committee or political party regulated by
7 chapter 103 for obtaining time, space, or services in or by
8 any communications medium for the purpose of jointly endorsing
9 three or more candidates, and any such expenditure shall not
10 be considered a contribution or expenditure to or on behalf of
11 any such candidates for the purposes of this chapter.
12 Section 15. Section 106.023, Florida Statutes, is
13 amended to read:
14 106.023 Statement of candidate.--
15 (1) Each candidate must file a statement with the
16 qualifying officer within 10 days after filing the appointment
17 of campaign treasurer and designation of campaign depository,
18 stating that the candidate has read and understands the
19 requirements of this chapter. Such statement shall be provided
20 by the filing officer and shall be in substantially the
21 following form:
22 STATEMENT OF CANDIDATE
23
24 I, ____, candidate for the office of ____, have
25 received, read, and understand the requirements of Chapter
26 106, Florida Statutes.
27
28 . . . (Signature of candidate) . . . . . . (Date) . . .
29
30 Willful failure to file this form is a violation of ss.
31 106.19(1)(c) and 106.25(3), F.S.
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1 (2) The execution and filing of the statement of
2 candidate does not in and of itself create a presumption that
3 any violation of this chapter or chapter 104 is a willful
4 violation as defined in s. 106.37.
5 Section 16. Paragraph (a) of subsection (8) of section
6 106.04, Florida Statutes, is amended to read:
7 106.04 Committees of continuous existence.--
8 (8)(a) Any committee of continuous existence failing
9 to file a report on the designated due date shall be subject
10 to a fine. The fine shall be $50 per day for the first 3 days
11 late and, thereafter, $500 per day for each late day, not to
12 exceed 25 percent of the total receipts or expenditures,
13 whichever is greater, for the period covered by the late
14 report. The fine shall be assessed by the filing officer, and
15 the moneys collected shall be deposited in the General Revenue
16 Elections Commission Trust Fund. No separate fine shall be
17 assessed for failure to file a copy of any report required by
18 this section.
19 Section 17. Paragraph (a) of subsection (2), paragraph
20 (a) of subsection (4), and paragraphs (a), (c), and (d) of
21 subsection (8) of section 106.07, Florida Statutes, are
22 amended to read:
23 106.07 Reports; certification and filing.--
24 (2)(a) All reports required of a candidate by this
25 section shall be filed with the officer before whom the
26 candidate is required by law to qualify. All candidates who
27 file with the Department of State shall file the original and
28 one copy of their reports. In addition, a copy of each report
29 for candidates for other than statewide office who qualify
30 with the Department of State shall be filed with the
31 supervisor of elections in the county where the candidate
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1 resides. Reports shall be filed not later than 5 p.m. of the
2 day designated; however, any report postmarked by the United
3 States Postal Service no later than midnight of the day
4 designated shall be deemed to have been filed in a timely
5 manner. Any report received by the filing officer within 5
6 days after the designated due date that was delivered by the
7 United States Postal Service shall be deemed timely filed
8 unless it has a postmark that indicates that the report was
9 mailed after the designated due date. A certificate of mailing
10 obtained from and dated by the United States Postal Service at
11 the time of mailing, or a receipt from an established courier
12 company, which bears a date on or before the date on which the
13 report is due, shall be proof of mailing in a timely manner.
14 Reports shall contain information of all previously unreported
15 contributions received and expenditures made as of the
16 preceding Friday, except that the report filed on the Friday
17 immediately preceding the election shall contain information
18 of all previously unreported contributions received and
19 expenditures made as of the day preceding that designated due
20 date. All such reports shall be open to public inspection.
21 (4)(a) Each report required by this section shall
22 contain:
23 1. The full name, address, and occupation, if any of
24 each person who has made one or more contributions to or for
25 such committee or candidate within the reporting period,
26 together with the amount and date of such contributions. For
27 corporations, the report must provide as clear a description
28 as practicable of the principal type of business conducted by
29 the corporation. However, if the contribution is $100 or less
30 or is from a relative, as defined in s. 112.312, provided that
31 the relationship is reported, the occupation of the
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1 contributor or the principal type of business need not be
2 listed.
3 2. The name and address of each political committee
4 from which the reporting committee or the candidate received,
5 or to which the reporting committee or candidate made, any
6 transfer of funds, together with the amounts and dates of all
7 transfers.
8 3. Each loan for campaign purposes to or from any
9 person or political committee within the reporting period,
10 together with the full names, addresses, and occupations, and
11 principal places of business, if any, of the lender and
12 endorsers, if any, and the date and amount of such loans.
13 4. A statement of each contribution, rebate, refund,
14 or other receipt not otherwise listed under subparagraphs 1.
15 through 3.
16 5. The total sums of all loans, in-kind contributions,
17 and other receipts by or for such committee or candidate
18 during the reporting period. The reporting forms shall be
19 designed to elicit separate totals for in-kind contributions,
20 loans, and other receipts.
21 6. The full name and address of each person to whom
22 expenditures have been made by or on behalf of the committee
23 or candidate within the reporting period; the amount, date,
24 and purpose of each such expenditure; and the name and address
25 of, and office sought by, each candidate on whose behalf such
26 expenditure was made. However, expenditures made from the
27 petty cash fund provided by s. 106.12 need not be reported
28 individually.
29 7. The full name and address of each person to whom an
30 expenditure for personal services, salary, or reimbursement
31 for authorized expenses as provided in s. 106.021(3) has been
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1 made and which is not otherwise reported, including the
2 amount, date, and purpose of such expenditure. However,
3 expenditures made from the petty cash fund provided for in s.
4 106.12 need not be reported individually.
5 8. The total amount withdrawn and the total amount
6 spent for petty cash purposes pursuant to this chapter during
7 the reporting period.
8 9. The total sum of expenditures made by such
9 committee or candidate during the reporting period.
10 10. The amount and nature of debts and obligations
11 owed by or to the committee or candidate, which relate to the
12 conduct of any political campaign.
13 11. A copy of each credit card statement which shall
14 be included in the next report following receipt thereof by
15 the candidate or political committee. Receipts for each credit
16 card purchase shall be retained by the treasurer with the
17 records for the campaign account.
18 12. The amount and nature of any separate
19 interest-bearing accounts or certificates of deposit and
20 identification of the financial institution in which such
21 accounts or certificates of deposit are located.
22 13. The primary purposes of an expenditure made
23 indirectly through a campaign treasurer pursuant to s.
24 106.021(3) for goods and services such as communications media
25 placement or procurement services, campaign signs, insurance,
26 and other expenditures that include multiple components as
27 part of the expenditure. The primary purpose of an expenditure
28 shall be that purpose, including integral and directly related
29 components, that comprises 80 percent of such expenditure.
30 (8)(a) Any candidate or political committee failing to
31 file a report on the designated due date shall be subject to a
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1 fine as provided in paragraph (b) for each late day, and, in
2 the case of a candidate, such fine shall be paid only from
3 personal funds of the candidate. The fine shall be assessed by
4 the filing officer and the moneys collected shall be
5 deposited:
6 1. In the General Revenue Elections Commission Trust
7 Fund, in the case of a candidate for state office or a
8 political committee that registers with the Division of
9 Elections; or
10 2. In the general revenue fund of the political
11 subdivision, in the case of a candidate for an office of a
12 political subdivision or a political committee that registers
13 with an officer of a political subdivision.
14
15 No separate fine shall be assessed for failure to file a copy
16 of any report required by this section.
17 (c) Any candidate or chair of a political committee
18 may appeal or dispute the fine, based upon, but not limited
19 to, unusual circumstances surrounding the failure to file on
20 the designated due date, and may request and shall be entitled
21 to a hearing before the Florida Elections Commission, which
22 shall have the authority to waive the fine in whole or in
23 part. The Florida Elections Commission must consider the
24 mitigating and aggravating circumstances contained in s.
25 106.265(1) when determining the amount of a fine, if any, to
26 be waived. Any such request shall be made within 20 days after
27 receipt of the notice of payment due. In such case, the
28 candidate or chair of the political committee shall, within
29 the 20-day period, notify the filing officer in writing of his
30 or her intention to bring the matter before the commission.
31
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1 (d) The appropriate filing officer shall notify the
2 Florida Elections Commission of the repeated late filing by a
3 candidate or political committee, the failure of a candidate
4 or political committee to file a report after notice, or the
5 failure to pay the fine imposed. The commission shall
6 investigate only those alleged late filing violations
7 specifically identified by the filing officer and as set forth
8 in the notification. Any other alleged violations must be
9 separately stated and reported by the division to the
10 commission under s. 106.25(2).
11 Section 18. Effective January 1, 2005, paragraph (a)
12 of subsection (2) of section 106.07, Florida Statutes, as
13 amended by this act, and paragraph (b) of subsection (2),
14 subsection (3), and paragraph (b) of subsection (8) of said
15 section, are amended to read:
16 106.07 Reports; certification and filing.--
17 (2)(a) All reports required of a candidate by this
18 section shall be filed with the officer before whom the
19 candidate is required by law to qualify. All candidates who
20 file with the Department of State shall file the original and
21 one copy of their reports pursuant to s. 106.0705. In
22 addition, a copy of each report for candidates for other than
23 statewide office who qualify with the Department of State
24 shall be filed with the supervisor of elections in the county
25 where the candidate resides. Except as provided in s.
26 106.0705, reports shall be filed not later than 5 p.m. of the
27 day designated; however, any report postmarked by the United
28 States Postal Service no later than midnight of the day
29 designated shall be deemed to have been filed in a timely
30 manner. Any report received by the filing officer within 5
31 days after the designated due date that was delivered by the
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1 United States Postal Service shall be deemed timely filed
2 unless it has a postmark that indicates that the report was
3 mailed after the designated due date. A certificate of mailing
4 obtained from and dated by the United States Postal Service at
5 the time of mailing, or a receipt from an established courier
6 company, which bears a date on or before the date on which the
7 report is due, shall be proof of mailing in a timely manner.
8 Reports shall contain information of all previously unreported
9 contributions received and expenditures made as of the
10 preceding Friday, except that the report filed on the Friday
11 immediately preceding the election shall contain information
12 of all previously unreported contributions received and
13 expenditures made as of the day preceding that designated due
14 date. All such reports shall be open to public inspection.
15 (b)1. Any report which is deemed to be incomplete by
16 the officer with whom the candidate qualifies shall be
17 accepted on a conditional basis, and the campaign treasurer
18 shall be notified by registered mail as to why the report is
19 incomplete and be given 3 days from receipt of such notice to
20 file an addendum to the report providing all information
21 necessary to complete the report in compliance with this
22 section. Failure to file a complete report after such notice
23 constitutes a violation of this chapter.
24 2. In lieu of the notice by registered mail as
25 required in subparagraph 1., the qualifying officer may notify
26 the campaign treasurer by telephone that the report is
27 incomplete and request the information necessary to complete
28 the report. If, however, such information is not received by
29 the qualifying officer within 3 days after of the telephone
30 request therefor, notice shall be sent by registered mail as
31 provided in subparagraph 1.
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1 (3) Reports required of a political committee shall be
2 filed with the agency or officer before whom such committee
3 registers pursuant to s. 106.03(3) and shall be subject to the
4 same filing conditions as established for candidates' reports.
5 Only committees that file with the Department of State shall
6 file the original and one copy of their reports. Incomplete
7 reports by political committees shall be treated in the manner
8 provided for incomplete reports by candidates in subsection
9 (2).
10 (8)
11 (b) Upon determining that a report is late, the filing
12 officer shall immediately notify the candidate or chair of the
13 political committee as to the failure to file a report by the
14 designated due date and that a fine is being assessed for each
15 late day. The fine shall be $50 per day for the first 3 days
16 late and, thereafter, $500 per day for each late day, not to
17 exceed 25 percent of the total receipts or expenditures,
18 whichever is greater, for the period covered by the late
19 report. However, for the reports immediately preceding each
20 primary and general election, the fine shall be $500 per day
21 for each late day, not to exceed 25 percent of the total
22 receipts or expenditures, whichever is greater, for the period
23 covered by the late report. For reports required under s.
24 106.141(7), the fine is $50 per day for each late day, not to
25 exceed 25 percent of the total receipts or expenditures,
26 whichever is greater, for the period covered by the late
27 report. Upon receipt of the report, the filing officer shall
28 determine the amount of the fine which is due and shall notify
29 the candidate or chair. The filing officer shall determine the
30 amount of the fine due based upon the earliest of the
31 following:
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1 1. When the report is actually received by such
2 officer.
3 2. When the report is postmarked.
4 3. When the certificate of mailing is dated.
5 4. When the receipt from an established courier
6 company is dated.
7 5. When the electronic receipt issued pursuant to s.
8 106.0705 is dated.
9
10 Such fine shall be paid to the filing officer within 20 days
11 after receipt of the notice of payment due, unless appeal is
12 made to the Florida Elections Commission pursuant to paragraph
13 (c). In the case of a candidate, such fine shall not be an
14 allowable campaign expenditure and shall be paid only from
15 personal funds of the candidate. An officer or member of a
16 political committee shall not be personally liable for such
17 fine.
18 Section 19. Effective January 1, 2005, section
19 106.0705, Florida Statutes, is created to read:
20 106.0705 Electronic filing of campaign treasurer's
21 reports.--
22 (1) As used in this section, "electronic filing
23 system" means an Internet system for recording and reporting
24 campaign finance activity by reporting period.
25 (2)(a) Each candidate who is required to file reports
26 pursuant to s. 106.07 with the division must file such reports
27 with the division by means of the division's electronic filing
28 system.
29 (b) Each political committee, committee of continuous
30 existence, or state executive committee that is required to
31 file reports with the division under s. 106.04, s. 106.07, or
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1 s. 106.29, as applicable, must file such reports with the
2 division by means of the division's electronic filing system.
3 (c) Each person or organization that is required to
4 file reports with the division under s. 106.071 must file such
5 reports with the division by means of the division's
6 electronic filing system.
7 (3) Reports filed pursuant to this section shall be
8 completed and filed through the electronic filing system not
9 later than midnight of the day designated. Reports not filed
10 by midnight of the day designated are late filed and are
11 subject to the penalties under s. 106.04(8), s. 106.07(8), or
12 s. 106.29(3), as applicable.
13 (4) Each report filed pursuant to this section is
14 considered to be under oath by the candidate and treasurer or
15 the chair and treasurer, whichever is applicable, and such
16 persons are subject to the provisions of s. 106.04(4)(d), s.
17 106.07(5), or s. 106.29(2), as applicable. Persons given a
18 secure sign-on to the electronic filing system are responsible
19 for protecting such from disclosure and are responsible for
20 all filings using such credentials, unless they have notified
21 the division that their credentials have been compromised.
22 (5) The electronic filing system developed by the
23 division must:
24 (a) Be based on access by means of the Internet.
25 (b) Be accessible by anyone with Internet access using
26 standard web-browsing software.
27 (c) Provide for direct entry of campaign finance
28 information as well as upload of such information from
29 campaign finance software certified by the division.
30 (d) Provide a method that prevents unauthorized access
31 to electronic filing system functions.
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1 (6) The division shall adopt rules pursuant to ss.
2 120.536(1) and 120.54 to administer this section and provide
3 for the reports required to be filed pursuant to this section.
4 Such rules shall, at a minimum, provide:
5 (a) Alternate filing procedures in case the division's
6 electronic filing system is not operable.
7 (b) For the issuance of an electronic receipt to the
8 person submitting the report indicating and verifying that the
9 report has been filed.
10 Section 20. Paragraph (a) of subsection (4) and
11 subsection (6) of section 106.141, Florida Statutes, are
12 amended to read:
13 106.141 Disposition of surplus funds by candidates.--
14 (4)(a) Except as provided in paragraph (b), any
15 candidate required to dispose of funds pursuant to this
16 section shall, at the option of the candidate, dispose of such
17 funds by any of the following means, or any combination
18 thereof:
19 1. Return pro rata to each contributor the funds that
20 have not been spent or obligated.
21 2. Donate the funds that have not been spent or
22 obligated to a charitable organization or organizations that
23 meet the qualifications of s. 501(c)(3) of the Internal
24 Revenue Code.
25 3. Give not more than $10,000 of the funds that have
26 not been spent or obligated to the political party of which
27 such candidate is a member, except that a candidate for the
28 Florida Senate may give not more than $30,000 of such funds to
29 the political party of which the candidate is a member.
30 4. Give the funds that have not been spent or
31 obligated:
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1 a. In the case of a candidate for state office, to the
2 state, to be deposited in either the Election Campaign
3 Financing Trust Fund or the General Revenue Fund, as
4 designated by the candidate; or
5 b. In the case of a candidate for an office of a
6 political subdivision, to such political subdivision, to be
7 deposited in the general fund thereof.
8 (6) Prior to disposing of funds pursuant to subsection
9 (4) or transferring funds into an office account pursuant to
10 subsection (5), any candidate who filed an oath stating that
11 he or she was unable to pay the election assessment or fee for
12 verification of petition signatures without imposing an undue
13 burden on his or her personal resources or on resources
14 otherwise available to him or her, or who filed both such
15 oaths, or who qualified by the alternative method and was not
16 required to pay an election assessment, shall reimburse the
17 state or local governmental entity, whichever is applicable,
18 for such waived assessment or fee or both. Such reimbursement
19 shall be made first for the cost of petition verification and
20 then, if funds are remaining, for the amount of the election
21 assessment. If there are insufficient funds in the account to
22 pay the full amount of either the assessment or the fee or
23 both, the remaining funds shall be disbursed in the above
24 manner until no funds remain. All funds disbursed pursuant to
25 this subsection shall be remitted to the qualifying officer.
26 Any reimbursement for petition verification costs which are
27 reimbursable by the state shall be forwarded by the qualifying
28 officer to the state for deposit in the General Revenue Fund.
29 All reimbursements for the amount of the election assessment
30 shall be forwarded by the qualifying officer to the Department
31
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1 of State for deposit in the General Revenue Elections
2 Commission Trust Fund.
3 Section 21. Subsections (2) and (4) of section 106.25,
4 Florida Statutes, are amended to read:
5 106.25 Reports of alleged violations to Florida
6 Elections Commission; disposition of findings.--
7 (2) The commission shall investigate all violations of
8 this chapter and chapter 104, but only after having received
9 either a sworn complaint or information reported to it under
10 this subsection by the Division of Elections. Any person,
11 other than the division, having information of any violation
12 of this chapter or chapter 104 shall file a sworn complaint
13 with the commission. The commission shall investigate only
14 those alleged violations specifically contained within the
15 sworn complaint. If any complainant fails to allege all
16 violations that arise from the facts or allegations alleged in
17 a complaint, the commission shall be barred from investigating
18 a subsequent complaint from such complainant that is based
19 upon such facts or allegations that were raised or could have
20 been raised in the first complaint. Such sworn complaint shall
21 state whether a complaint of the same violation has been made
22 to any state attorney. Within 5 days after receipt of a sworn
23 complaint, the commission shall transmit a copy of the
24 complaint to the alleged violator. All sworn complaints
25 alleging violations of the Florida Election Code over which
26 the commission has jurisdiction shall be filed with the
27 commission within 2 years after of the alleged violations. The
28 period of limitations is tolled on the day a sworn complaint
29 is filed with the commission.
30 (4) The commission shall undertake a preliminary
31 investigation to determine if the facts alleged in a sworn
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1 complaint or a matter initiated by the division constitute
2 probable cause to believe that a violation has occurred. The
3 respondent, the complainant, and their respective counsels
4 shall be permitted to attend the hearing at which the probable
5 cause determination is made. Notice of the hearing shall be
6 sent to the respondent and the complainant at least 14 days
7 prior to the date of the hearing. The respondent and his or
8 her counsel shall be permitted to make a brief oral statement
9 in the nature of oral argument to the commission before the
10 probable cause determination. The commission's determination
11 shall be based upon the investigator's report, the complaint,
12 and staff recommendations, as well as any written statements
13 submitted by the respondent and any oral statements made at
14 the hearing. No testimony or other evidence shall be accepted
15 at the hearing. Upon completion of the preliminary
16 investigation, the commission shall, by written report, find
17 probable cause or no probable cause to believe that this
18 chapter or chapter 104 has been violated.
19 (a) If no probable cause is found, the commission
20 shall dismiss the case and the case shall become a matter of
21 public record, except as otherwise provided in this section,
22 together with a written statement of the findings of the
23 preliminary investigation and a summary of the facts which the
24 commission shall send to the complainant and the alleged
25 violator.
26 (b) If probable cause is found, the commission shall
27 so notify the complainant and the alleged violator in writing.
28 All documents made or received in the disposition of the
29 complaint shall become public records upon a finding by the
30 commission.
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1 In a case where probable cause is found, the commission shall
2 make a preliminary determination to consider the matter or to
3 refer the matter to the state attorney for the judicial
4 circuit in which the alleged violation occurred.
5 Section 22. Subsection (5) is added to section
6 106.265, Florida Statutes, to read:
7 106.265 Civil penalties.--
8 (5) In any case in which the commission determines
9 that a person has filed a complaint against another person
10 with a malicious intent to injure the reputation of the person
11 complained against by filing the complaint with knowledge that
12 the complaint contains one or more false allegations or with
13 reckless disregard for whether the complaint contains false
14 allegations of fact material to a violation of this chapter or
15 chapter 104, the complainant shall be liable for costs and
16 reasonable attorney's fees incurred in the defense of the
17 person complained against, including the costs and reasonable
18 attorney's fees incurred in proving entitlement to and the
19 amount of costs and fees. If the complainant fails to pay such
20 costs and fees voluntarily within 30 days following such
21 finding by the commission, the commission shall forward such
22 information to the Department of Legal Affairs, which shall
23 bring a civil action in a court of competent jurisdiction to
24 recover the amount of such costs and fees awarded by the
25 commission.
26 Section 23. Paragraph (a) of subsection (3) of section
27 106.29, Florida Statutes, is amended to read:
28 106.29 Reports by political parties; restrictions on
29 contributions and expenditures; penalties.--
30 (3)(a) Any state or county executive committee failing
31 to file a report on the designated due date shall be subject
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1 to a fine as provided in paragraph (b) for each late day. The
2 fine shall be assessed by the filing officer, and the moneys
3 collected shall be deposited in the General Revenue Elections
4 Commission Trust Fund.
5 Section 24. Effective January 1, 2005, paragraph (b)
6 of subsection (3) of section 106.29, Florida Statutes, is
7 amended to read:
8 106.29 Reports by political parties; restrictions on
9 contributions and expenditures; penalties.--
10 (3)
11 (b) Upon determining that a report is late, the filing
12 officer shall immediately notify the chair of the executive
13 committee as to the failure to file a report by the designated
14 due date and that a fine is being assessed for each late day.
15 The fine shall be $1,000 for a state executive committee, and
16 $50 for a county executive committee, per day for each late
17 day, not to exceed 25 percent of the total receipts or
18 expenditures, whichever is greater, for the period covered by
19 the late report. However, if an executive committee fails to
20 file a report on the Friday immediately preceding the general
21 election, the fine shall be $10,000 per day for each day a
22 state executive committee is late and $500 per day for each
23 day a county executive committee is late. Upon receipt of the
24 report, the filing officer shall determine the amount of the
25 fine which is due and shall notify the chair. The filing
26 officer shall determine the amount of the fine due based upon
27 the earliest of the following:
28 1. When the report is actually received by such
29 officer.
30 2. When the report is postmarked.
31 3. When the certificate of mailing is dated.
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1 4. When the receipt from an established courier
2 company is dated.
3 5. When the electronic receipt issued pursuant to s.
4 106.0705 is dated.
5
6 Such fine shall be paid to the filing officer within 20 days
7 after receipt of the notice of payment due, unless appeal is
8 made to the Florida Elections Commission pursuant to paragraph
9 (c). An officer or member of an executive committee shall not
10 be personally liable for such fine.
11 Section 25. If any provision of this act or its
12 application to any person or circumstance is held invalid, the
13 invalidity does not affect other provisions or applications of
14 the act which can be given effect without the invalid
15 provision or application, and to this end the provisions of
16 this act are severable.
17 Section 26. Except as otherwise provided herein, this
18 act shall take effect July 1, 2004.
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