Amendment
Bill No. 0716
Amendment No. 374401
CHAMBER ACTION
Senate House
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1Representative(s) Reagan offered the following:
2
3     Amendment (with title amendment)
4     On page 13, line 5, to page 26, line 31,
5remove:  all of said lines,
6
7and insert:
8     Section 4.  Paragraph (c) of subsection (4) of section
9106.04, Florida Statutes, is amended to read:
10     106.04  Committees of continuous existence.--
11     (4)
12     (c)  All committees of continuous existence shall file the
13original and one copy of their reports with the Division of
14Elections. In addition, a duplicate copy of each report shall be
15filed with the supervisor of elections in the county in which
16the committee maintains its books and records, except that if
17the filing officer to whom the committee is required to report
18is located in the same county as the supervisor no such
19duplicate report is required to be filed with the supervisor.
20Reports shall be filed in accordance with s. 106.0705 on forms
21provided by the division and shall contain the following
22information:
23     1.  The full name, address, and occupation of each person
24who has made one or more contributions, including contributions
25that represent the payment of membership dues, to the committee
26during the reporting period, together with the amounts and dates
27of such contributions. For corporations, the report must provide
28as clear a description as practicable of the principal type of
29business conducted by the corporation. However, if the
30contribution is $100 or less, the occupation of the contributor
31or principal type of business need not be listed. However, for
32any contributions that represent the payment of dues by members
33in a fixed amount aggregating no more than $250 per calendar
34year, pursuant to the schedule on file with the Division of
35Elections, only the aggregate amount of such contributions need
36be listed, together with the number of members paying such dues
37and the amount of the membership dues.
38     2.  The name and address of each political committee or
39committee of continuous existence from which the reporting
40committee received, or the name and address of each political
41committee, committee of continuous existence, or political party
42to which it made, any transfer of funds, together with the
43amounts and dates of all transfers.
44     3.  Any other receipt of funds not listed pursuant to
45subparagraph 1. or subparagraph 2., including the sources and
46amounts of all such funds.
47     4.  The name and address of, and office sought by, each
48candidate to whom the committee has made a contribution during
49the reporting period, together with the amount and date of each
50contribution.
51     5.  The full name and address of each person to whom
52expenditures have been made by or on behalf of the committee
53within the reporting period; the amount, date, and purpose of
54each such expenditure; and the name and address, and office
55sought by, each candidate on whose behalf such expenditure was
56made.
57     6.  The full name and address of each person to whom an
58expenditure for personal services, salary, or reimbursement for
59authorized expenses has been made, including the full name and
60address of each entity to whom the person made payment for which
61reimbursement was made by check drawn upon the committee
62account, together with the amount and purpose of such payment.
63     7.  Transaction information from each credit card statement
64that will be included in the next report following receipt
65thereof by the committee. Receipts for each credit card purchase
66shall be retained by the treasurer with the records for the
67committee account.
68     8.6.  The total sum of expenditures made by the committee
69during the reporting period.
70     Section 5.  Paragraph (a) of subsection (2) of section
71106.07, Florida Statutes, is amended to read:
72     106.07  Reports; certification and filing.--
73     (2)(a)  All reports required of a candidate by this section
74shall be filed with the officer before whom the candidate is
75required by law to qualify. All candidates who file with the
76Department of State shall file their reports pursuant to s.
77106.0705. In addition, a copy of each report for candidates for
78other than statewide office who qualify with the Department of
79State shall be filed with the supervisor of elections in the
80county where the candidate resides. Except as provided in s.
81106.0705, reports shall be filed not later than 5 p.m. of the
82day designated; however, any report postmarked by the United
83States Postal Service no later than midnight of the day
84designated shall be deemed to have been filed in a timely
85manner. Any report received by the filing officer within 5 days
86after the designated due date that was delivered by the United
87States Postal Service shall be deemed timely filed unless it has
88a postmark that indicates that the report was mailed after the
89designated due date. A certificate of mailing obtained from and
90dated by the United States Postal Service at the time of
91mailing, or a receipt from an established courier company, which
92bears a date on or before the date on which the report is due,
93shall be proof of mailing in a timely manner. Reports shall
94contain information of all previously unreported contributions
95received and expenditures made as of the preceding Friday,
96except that the report filed on the Friday immediately preceding
97the election shall contain information of all previously
98unreported contributions received and expenditures made as of
99the day preceding that designated due date. All such reports
100shall be open to public inspection.
101     Section 6.  Section 106.0701, Florida Statutes, is created
102to read:
103     106.0701  Solicitation of contributions and disclosure;
104registration.--
105     (1)(a)  The Governor, Lieutenant Governor, members of the
106Cabinet, state legislators, or candidates for such offices who
107directly or indirectly solicit, cause to be solicited, or accept
108any contribution on behalf of an organization that is exempt
109from taxation under s. 527 or s. 501(c)(4) of the Internal
110Revenue Code, which such persons, in whole or in part,
111establish, maintain, or control, shall file a statement with the
112Division of Elections within 5 days after commencing such
113activity on behalf of the organization. Such statement shall
114contain the following information:
115     1.  The name of the person acting on behalf of the
116organization.
117     2.  The name and type of the organization.
118     3.  A description of the relationship between the person
119and the organization.
120     (b)  Failure to timely file the statement shall subject the
121person to a civil penalty of $50 per day for each late day,
122payable from the personal funds of the violator.
123     (c)  Upon filing a statement with the Division of
124Elections, a person subject to the requirements of paragraph (a)
125shall promptly create a public website that contains a mission
126statement and the names of persons associated with the
127organization. The address of the website shall be reported to
128the division within 5 business days after the website is
129created.
130     (d)  All contributions received shall be disclosed on the
131website within 5 business days after deposit, together with the
132name, address, and occupation of the donor. All expenditures by
133the organization shall be individually disclosed on the website
134within 5 business days after being made.
135     (2)  The requirements of subsection (1) do not apply to a
136person acting on behalf of his or her own campaign or a
137political party of which the person is a member.
138     Section 7.  Section 106.0703, Florida Statutes, is created
139to read:
140     106.0703  Electioneering communications organizations;
141additional reporting requirements.--In addition to the reporting
142requirements in s. 106.07, an electioneering communications
143organization shall, within 2 days after receiving its initial
144password or secure sign-on from the Department of State allowing
145confidential access to the department's electronic campaign
146finance filing system, electronically file the periodic campaign
147finance reports that would have been required pursuant to s.
148106.07 for reportable activities that occurred since the date of
149the last general election.
150     Section 8.  Paragraph (b) of subsection (2) of section
151106.0705, Florida Statutes, is amended to read:
152     106.0705  Electronic filing of campaign treasurer's
153reports.--
154     (2)
155     (b)  Each political committee, committee of continuous
156existence, electioneering communications organization, or state
157executive committee that is required to file reports with the
158division under s. 106.04, s. 106.07, s. 106.0703, or s. 106.29,
159as applicable, must file such reports with the division by means
160of the division's electronic filing system.
161     Section 9.  Subsections (4) and (7) of section 106.08,
162Florida Statutes, are amended, paragraph (d) is added to
163subsection (5) of that section, and subsection (8) of that
164section is reenacted, to read:
165     106.08  Contributions; limitations on.--
166     (4)(a)  Any contribution received by the chair, campaign
167treasurer, or deputy campaign treasurer of a political committee
168supporting or opposing a candidate with opposition in an
169election or supporting or opposing an issue on the ballot in an
170election on the day of that election or less than 5 days prior
171to the day of that election may not be obligated or expended by
172the committee until after the date of the election.
173     (b)  Any contribution received by an electioneering
174communications organization on the day of an election or less
175than 5 days prior to the day of that election may not be
176obligated or expended by the organization until after the date
177of the election and may not be expended to pay for any
178obligation arising prior to the election.
179     (5)
180     (d)  An electioneering communications organization may not
181accept a contribution from an organization exempt from taxation
182under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other
183than a political committee, committee of continuous existence,
184or political party, unless the contributing organization has
185registered as if the organization were an electioneering
186communications organization pursuant to s. 106.03 and has filed
187all campaign finance reports required of electioneering
188communications organizations pursuant to ss. 106.07 and
189106.0703.
190     (7)(a)  Any person who knowingly and willfully makes no
191more than one contribution in violation of subsection (1) or
192subsection (5), or any person who knowingly and willfully fails
193or refuses to return any contribution as required in subsection
194(3), commits a misdemeanor of the first degree, punishable as
195provided in s. 775.082 or s. 775.083. If any corporation,
196partnership, or other business entity or any political party,
197political committee, or committee of continuous existence, or
198electioneering communications organization is convicted of
199knowingly and willfully violating any provision punishable under
200this paragraph, it shall be fined not less than $1,000 and not
201more than $10,000. If it is a domestic entity, it may be ordered
202dissolved by a court of competent jurisdiction; if it is a
203foreign or nonresident business entity, its right to do business
204in this state may be forfeited. Any officer, partner, agent,
205attorney, or other representative of a corporation, partnership,
206or other business entity, or of a political party, political
207committee, or committee of continuous existence, electioneering
208communications organization, or organization exempt from
209taxation under s. 527 or s. 501(c)(4) of the Internal Revenue
210Code, who aids, abets, advises, or participates in a violation
211of any provision punishable under this paragraph commits a
212misdemeanor of the first degree, punishable as provided in s.
213775.082 or s. 775.083.
214     (b)  Any person who knowingly and willfully makes two or
215more contributions in violation of subsection (1) or subsection
216(5) commits a felony of the third degree, punishable as provided
217in s. 775.082, s. 775.083, or s. 775.084. If any corporation,
218partnership, or other business entity or any political party,
219political committee, or committee of continuous existence, or
220electioneering communications organization is convicted of
221knowingly and willfully violating any provision punishable under
222this paragraph, it shall be fined not less than $10,000 and not
223more than $50,000. If it is a domestic entity, it may be ordered
224dissolved by a court of competent jurisdiction; if it is a
225foreign or nonresident business entity, its right to do business
226in this state may be forfeited. Any officer, partner, agent,
227attorney, or other representative of a corporation, partnership,
228or other business entity, or of a political committee, committee
229of continuous existence, or political party, or electioneering
230communications organization, or organization exempt from
231taxation under s. 527 or s. 501(c)(4) of the Internal Revenue
232Code, who aids, abets, advises, or participates in a violation
233of any provision punishable under this paragraph commits a
234felony of the third degree, punishable as provided in s.
235775.082, s. 775.083, or s. 775.084.
236     (8)  Except when otherwise provided in subsection (7), any
237person who knowingly and willfully violates any provision of
238this section shall, in addition to any other penalty prescribed
239by this chapter, pay to the state a sum equal to twice the
240amount contributed in violation of this chapter. Each campaign
241treasurer shall pay all amounts contributed in violation of this
242section to the state for deposit in the General Revenue Fund.
243
244
245
246======= T I T L E  A M E N D M E N T =======
247     On page 1, line 14, to page 2, line 4,
248remove:  all of said lines,
249
250and insert:
251amending s. 106.04, F.S.; revising certain filing requirements
252and reporting requirements for committees of continuous
253existence; amending s. 106.07, F.S.; deleting a report filing
254requirement for certain candidates for other than statewide
255office; creating s. 106.0701; establishing campaign finance
256reporting requirements for certain officers and candidates
257soliciting contributions for certain committees and
258organizations; providing definitions; providing a civil penalty;
259providing for nonapplication to certain persons; creating s.
260106.0703, F.S.; establishing campaign finance reporting
261requirements for electioneering communications organizations;
262amending s. 106.0705, F.S.; incorporating the new campaign
263finance reporting requirements for electioneering communications
264organizations into the Department of State's electronic campaign
265finance reporting system; amending s. 106.08, F.S.; prohibiting
266the use of certain contributions received by an electioneering
267communications organization proximate to an election; limiting
268contributions to certain committees of continuous existence,
269electioneering communications organizations, and tax-exempt
270organizations pursuant to 26 U.S.C. s. 527 and 501(c)(4);
271providing criminal penalties; reenacting ss.


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