| 1 | Representative(s) Henriquez offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between line(s) 2270 and 2271, insert: |
| 5 | Section 45. Section 106.08, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 106.08 Contributions; limitations on.-- |
| 8 | (1)(a) Except for political parties, no person, political |
| 9 | committee, or committee of continuous existence may, in any |
| 10 | election, make contributions in excess of $1,000 $500 to any |
| 11 | candidate for election to or retention in office or to any |
| 12 | political committee supporting or opposing one or more |
| 13 | candidates. Candidates for the offices of Governor and |
| 14 | Lieutenant Governor on the same ticket are considered a single |
| 15 | candidate for the purpose of this section. |
| 16 | (b)1. The contribution limits provided in this subsection |
| 17 | do not apply to contributions made by a state or county |
| 18 | executive committee of a political party regulated by chapter |
| 19 | 103 or to amounts contributed by a candidate to his or her own |
| 20 | campaign. |
| 21 | 2. Notwithstanding the limits provided in this subsection, |
| 22 | an unemancipated child under the age of 18 years of age may not |
| 23 | make a contribution in excess of $100 to any candidate or to any |
| 24 | political committee supporting one or more candidates. |
| 25 | (c) The contribution limits of this subsection apply to |
| 26 | each election. For purposes of this subsection, the first |
| 27 | primary, second primary, and general election are separate |
| 28 | elections so long as the candidate is not an unopposed candidate |
| 29 | as defined in s. 106.011(15). However, for the purpose of |
| 30 | contribution limits with respect to candidates for retention as |
| 31 | a justice or judge, there is only one election, which is the |
| 32 | general election. With respect to candidates in a circuit |
| 33 | holding an election for circuit judge or in a county holding an |
| 34 | election for county court judge, there are only two elections, |
| 35 | which are the first primary election and general election. |
| 36 | (2)(a) A candidate may not accept contributions from |
| 37 | national, state, including any subordinate committee of a |
| 38 | national, state, or county committee of a political party, and |
| 39 | county executive committees of a political party, which |
| 40 | contributions in the aggregate exceed $50,000, no more than |
| 41 | $25,000 of which may be accepted prior to the 28-day period |
| 42 | immediately preceding the date of the general election. |
| 43 | (b) Polling services, research services, costs for |
| 44 | campaign staff, professional consulting services, and telephone |
| 45 | calls are not contributions to be counted toward the |
| 46 | contribution limits of paragraph (a). Any item not expressly |
| 47 | identified in this paragraph as nonallocable is a contribution |
| 48 | in an amount equal to the fair market value of the item and must |
| 49 | be counted as allocable toward the $50,000 contribution limits |
| 50 | of paragraph (a). Nonallocable, in-kind contributions must be |
| 51 | reported by the candidate under s. 106.07 and by the political |
| 52 | party under s. 106.29. |
| 53 | (2)(3)(a) Any contribution received by a candidate with |
| 54 | opposition in an election or by the campaign treasurer or a |
| 55 | deputy campaign treasurer of such a candidate on the day of that |
| 56 | election or less than 5 days prior to the day of that election |
| 57 | must be returned by him or her to the person or committee |
| 58 | contributing it and may not be used or expended by or on behalf |
| 59 | of the candidate. |
| 60 | (b) Except as otherwise provided in paragraph (c), any |
| 61 | contribution received by a candidate or by the campaign |
| 62 | treasurer or a deputy campaign treasurer of a candidate after |
| 63 | the date at which the candidate withdraws his or her candidacy, |
| 64 | or after the date the candidate is defeated, becomes unopposed, |
| 65 | or is elected to office must be returned to the person or |
| 66 | committee contributing it and may not be used or expended by or |
| 67 | on behalf of the candidate. |
| 68 | (c) With respect to any campaign for an office in which an |
| 69 | independent or minor party candidate has filed as required in s. |
| 70 | 99.0955 or s. 99.096, but whose qualification is pending a |
| 71 | determination by the Department of State or supervisor of |
| 72 | elections as to whether or not the required number of petition |
| 73 | signatures was obtained: |
| 74 | 1. The department or supervisor shall, no later than 3 |
| 75 | days after that determination has been made, notify in writing |
| 76 | all other candidates for that office of that determination. |
| 77 | 2. Any contribution received by a candidate or the |
| 78 | campaign treasurer or deputy campaign treasurer of a candidate |
| 79 | after the candidate has been notified in writing by the |
| 80 | department or supervisor that he or she has become unopposed as |
| 81 | a result of an independent or minor party candidate failing to |
| 82 | obtain the required number of petition signatures shall be |
| 83 | returned to the person, political committee, or committee of |
| 84 | continuous existence contributing it and shall not be used or |
| 85 | expended by or on behalf of the candidate. |
| 86 | (3)(4) Any contribution received by the chair, campaign |
| 87 | treasurer, or deputy campaign treasurer of a political committee |
| 88 | supporting or opposing a candidate with opposition in an |
| 89 | election or supporting or opposing an issue on the ballot in an |
| 90 | election on the day of that election or less than 5 days prior |
| 91 | to the day of that election may not be obligated or expended by |
| 92 | the committee until after the date of the election. |
| 93 | (4)(5)(a) A person may not make any contribution through |
| 94 | or in the name of another, directly or indirectly, in any |
| 95 | election. |
| 96 | (b) Candidates, political committees, and political |
| 97 | parties may not solicit contributions from any religious, |
| 98 | charitable, civic, or other causes or organizations established |
| 99 | primarily for the public good. |
| 100 | (c) Candidates, political committees, and political |
| 101 | parties may not make contributions, in exchange for political |
| 102 | support, to any religious, charitable, civic, or other cause or |
| 103 | organization established primarily for the public good. It is |
| 104 | not a violation of this paragraph for: |
| 105 | 1. A candidate, political committee, or political party |
| 106 | executive committee to make gifts of money in lieu of flowers in |
| 107 | memory of a deceased person; |
| 108 | 2. A candidate to continue membership in, or make regular |
| 109 | donations from personal or business funds to, religious, |
| 110 | political party, civic, or charitable groups of which the |
| 111 | candidate is a member or to which the candidate has been a |
| 112 | regular donor for more than 6 months; or |
| 113 | 3. A candidate to purchase, with campaign funds, tickets, |
| 114 | admission to events, or advertisements from religious, civic, |
| 115 | political party, or charitable groups. |
| 116 | (5)(6) A political party may not accept any contribution |
| 117 | which has been specifically designated for the partial or |
| 118 | exclusive use of a particular candidate. Any contribution so |
| 119 | designated must be returned to the contributor and may not be |
| 120 | used or expended by or on behalf of the candidate. |
| 121 | (6)(7)(a) Any person who knowingly and willfully makes no |
| 122 | more than one contribution in violation of subsection (1) or |
| 123 | subsection (4)(5), or any person who knowingly and willfully |
| 124 | fails or refuses to return any contribution as required in |
| 125 | subsection (2)(3), commits a misdemeanor of the first degree, |
| 126 | punishable as provided in s. 775.082 or s. 775.083. If any |
| 127 | corporation, partnership, or other business entity or any |
| 128 | political party, political committee, or committee of continuous |
| 129 | existence is convicted of knowingly and willfully violating any |
| 130 | provision punishable under this paragraph, it shall be fined not |
| 131 | less than $1,000 and not more than $10,000. If it is a domestic |
| 132 | entity, it may be ordered dissolved by a court of competent |
| 133 | jurisdiction; if it is a foreign or nonresident business entity, |
| 134 | its right to do business in this state may be forfeited. Any |
| 135 | officer, partner, agent, attorney, or other representative of a |
| 136 | corporation, partnership, or other business entity or of a |
| 137 | political party, political committee, or committee of continuous |
| 138 | existence who aids, abets, advises, or participates in a |
| 139 | violation of any provision punishable under this paragraph |
| 140 | commits a misdemeanor of the first degree, punishable as |
| 141 | provided in s. 775.082 or s. 775.083. |
| 142 | (b) Any person who knowingly and willfully makes two or |
| 143 | more contributions in violation of subsection (1) or subsection |
| 144 | (4)(5) commits a felony of the third degree, punishable as |
| 145 | provided in s. 775.082, s. 775.083, or s. 775.084. If any |
| 146 | corporation, partnership, or other business entity or any |
| 147 | political party, political committee, or committee of continuous |
| 148 | existence is convicted of knowingly and willfully violating any |
| 149 | provision punishable under this paragraph, it shall be fined not |
| 150 | less than $10,000 and not more than $50,000. If it is a domestic |
| 151 | entity, it may be ordered dissolved by a court of competent |
| 152 | jurisdiction; if it is a foreign or nonresident business entity, |
| 153 | its right to do business in this state may be forfeited. Any |
| 154 | officer, partner, agent, attorney, or other representative of a |
| 155 | corporation, partnership, or other business entity, or of a |
| 156 | political committee, committee of continuous existence, or |
| 157 | political party who aids, abets, advises, or participates in a |
| 158 | violation of any provision punishable under this paragraph |
| 159 | commits a felony of the third degree, punishable as provided in |
| 160 | s. 775.082, s. 775.083, or s. 775.084. |
| 161 | (7)(8) Except when otherwise provided in subsection |
| 162 | (6)(7), any person who knowingly and willfully violates any |
| 163 | provision of this section shall, in addition to any other |
| 164 | penalty prescribed by this chapter, pay to the state a sum equal |
| 165 | to twice the amount contributed in violation of this chapter. |
| 166 | Each campaign treasurer shall pay all amounts contributed in |
| 167 | violation of this section to the state for deposit in the |
| 168 | General Revenue Fund. |
| 169 | (8)(9) This section does not apply to the transfer of |
| 170 | funds between a primary campaign depository and a savings |
| 171 | account or certificate of deposit or to any interest earned on |
| 172 | such account or certificate. |
| 173 | Section 46. Paragraph (a) of subsection (1) of section |
| 174 | 106.087, Florida Statutes, is amended to read: |
| 175 | 106.087 Independent expenditures; contribution limits; |
| 176 | restrictions on political parties, political committees, and |
| 177 | committees of continuous existence.-- |
| 178 | (1)(a) As a condition of receiving a rebate of filing fees |
| 179 | and party assessment funds pursuant to s. 99.061(2), s. |
| 180 | 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or |
| 181 | treasurer of a state or county executive committee shall take |
| 182 | and subscribe to an oath or affirmation in writing. During the |
| 183 | qualifying period for state candidates and prior to distribution |
| 184 | of such funds, a printed copy of the oath or affirmation shall |
| 185 | be filed with the Secretary of State and shall be substantially |
| 186 | in the following form: |
| 187 |
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| 188 | State of Florida |
| 189 | County of_____ |
| 190 | Before me, an officer authorized to administer oaths, |
| 191 | personally appeared (name) , to me well known, who, being |
| 192 | sworn, says that he or she is the (title) of the (name of |
| 193 | party) (state or specified county) executive committee; |
| 194 | that the executive committee has not made, either directly or |
| 195 | indirectly, an independent expenditure in support of or |
| 196 | opposition to a candidate or elected public official in the |
| 197 | prior 6 months; and that the executive committee will not make, |
| 198 | either directly or indirectly, an independent expenditure in |
| 199 | support of or opposition to a candidate or elected public |
| 200 | official, through and including the upcoming general election; |
| 201 | and that the executive committee will not violate the |
| 202 | contribution limits applicable to candidates under s. 106.08(2), |
| 203 | Florida Statutes. |
| 204 | (Signature of committee officer) |
| 205 | (Address) |
| 206 |
|
| 207 | Sworn to and subscribed before me this _____ day of _____, |
| 208 | (year) , at _____ County, Florida. |
| 209 | (Signature and title of officer administering oath) |
| 210 | Section 47. Subsection (6) of section 106.29, Florida |
| 211 | Statutes, is amended to read: |
| 212 | 106.29 Reports by political parties; restrictions on |
| 213 | contributions and expenditures; penalties.-- |
| 214 | (6)(a) The national, state, and county executive |
| 215 | committees of a political party may not contribute to any |
| 216 | candidate any amount in excess of the limits contained in s. |
| 217 | 106.08(2), and all contributions required to be reported under |
| 218 | s. 106.08(2) by the national executive committee of a political |
| 219 | party shall be reported by the state executive committee of that |
| 220 | political party. |
| 221 | (b) A violation of the contribution limits contained in s. |
| 222 | 106.08(2) is a misdemeanor of the first degree, punishable as |
| 223 | provided in s. 775.082 or s. 775.083. A civil penalty equal to |
| 224 | three times the amount in excess of the limits contained in s. |
| 225 | 106.08(2) shall be assessed against any executive committee |
| 226 | found in violation thereof. |
| 227 |
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| 228 | ================ T I T L E A M E N D M E N T ============= |
| 229 | Remove line(s) 144 and insert: |
| 230 | conform; amending s. 106.08, F.S.; revising provisions relating |
| 231 | to campaign contribution limits; amending ss. 106.087 and |
| 232 | 106.29, F.S., to conform; amending s. 106.34, F.S.; revising |
| 233 | provisions |