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A bill to be entitled

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An act relating to public campaign financing; repealing

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ss. 106.30-106.36, F.S., the "Florida Election Campaign

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Financing Act"; amending ss. 106.07, 106.141, 106.22,

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106.265, 320.02, 322.08, 328.72, and 607.1622, F.S.;

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deleting references to the Election Campaign Financing

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Trust Fund, which expired, effective November 4, 1996, by

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operation of s. 19(f), Art. III of the State Constitution;

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amending ss. 320.27, 765.5215, and 765.5216, F.S.;

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correcting cross-references; providing a contingent

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Sections 106.30, 106.31, 106.32, 106.33, 106.34,

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106.35, 106.353, 106.355, and 106.36, Florida Statutes, are

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repealed.

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     Section 2.  Subsection (1) of section 106.07, Florida

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Statutes, is amended to read:

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     106.07  Reports; certification and filing.--

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     (1)  Each campaign treasurer designated by a candidate or

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political committee pursuant to s. 106.021 shall file regular

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reports of all contributions received, and all expenditures made,

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by or on behalf of such candidate or political committee. Reports

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shall be filed on the 10th day following the end of each calendar

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quarter from the time the campaign treasurer is appointed, except

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that, if the 10th day following the end of a calendar quarter

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occurs on a Saturday, Sunday, or legal holiday, the report shall

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be filed on the next following day which is not a Saturday,

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Sunday, or legal holiday. Quarterly reports shall include all

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contributions received and expenditures made during the calendar

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quarter which have not otherwise been reported pursuant to this

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section.

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     (a) Except as provided in paragraph (b), Following the last

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day of qualifying for office, the reports shall be filed on the

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32nd, 18th, and 4th days immediately preceding the primary and on

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the 46th, 32nd, 18th, and 4th days immediately preceding the

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election, for a candidate who is opposed in seeking nomination or

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election to any office, for a political committee, or for a

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committee of continuous existence.

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     (b) Following the last day of qualifying for office, any

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statewide candidate who has requested to receive contributions

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from the Election Campaign Financing Trust Fund or any statewide

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candidate in a race with a candidate who has requested to receive

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contributions from the trust fund shall file reports on the 4th,

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11th, 18th, 25th, and 32nd days prior to the primary election,

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and on the 4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days

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prior to the general election.

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     (b)(c) Following the last day of qualifying for office, any

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unopposed candidate need only file a report within 90 days after

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the date such candidate became unopposed. Such report shall

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contain all previously unreported contributions and expenditures

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as required by this section and shall reflect disposition of

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funds as required by s. 106.141.

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     (c)(d)1. When a special election is called to fill a

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vacancy in office, all political committees and committees of

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continuous existence making contributions or expenditures to

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influence the results of such special election shall file

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campaign treasurers' reports with the filing officer on the dates

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set by the Department of State pursuant to s. 100.111.

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     2.  When an election is called for an issue to appear on the

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ballot at a time when no candidates are scheduled to appear on

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the ballot, all political committees making contributions or

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expenditures in support of or in opposition to such issue shall

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file reports on the 18th and 4th days prior to such election.

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     (d)(e) The filing officer shall provide each candidate with

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a schedule designating the beginning and end of reporting periods

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as well as the corresponding designated due dates.

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     Section 3.  Subsection (4) of section 106.141, Florida

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Statutes, is amended to read:

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     106.141  Disposition of surplus funds by candidates.--

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     (4)(a) Except as provided in paragraph (b), Any candidate

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required to dispose of funds pursuant to this section shall, at

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the option of the candidate, dispose of such funds by any of the

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following means, or any combination thereof:

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     (a)1. Return pro rata to each contributor the funds that

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have not been spent or obligated.

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     (b)2. Donate the funds that have not been spent or

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obligated to a charitable organization or organizations that meet

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the qualifications of s. 501(c)(3) of the Internal Revenue Code.

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     (c)3. Give not more than $10,000 of the funds that have not

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been spent or obligated to the political party of which such

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candidate is a member, except that a candidate for the Florida

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Senate may give not more than $30,000 of such funds to the

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political party of which the candidate is a member.

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     (d)4. Give the funds that have not been spent or obligated:

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     1.a. In the case of a candidate for state office, to the

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state, to be deposited in either the Election Campaign Financing

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Trust Fund or the General Revenue Fund, as designated by the

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candidate; or

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     2.b. In the case of a candidate for an office of a

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political subdivision, to such political subdivision, to be

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deposited in the general fund thereof.

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     (b) Any candidate required to dispose of funds pursuant to

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this section who has received contributions from the Election

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Campaign Financing Trust Fund shall return all surplus campaign

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funds to the Election Campaign Financing Trust Fund.

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     Section 4.  Subsection (6) of section 106.22, Florida

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Statutes, is amended to read:

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     106.22  Duties of the Division of Elections.--It is the duty

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of the Division of Elections to:

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     (6)  Make, from time to time, audits and field

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investigations with respect to reports and statements filed under

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the provisions of this chapter and with respect to alleged

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failures to file any report or statement required under the

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provisions of this chapter. The division shall conduct a

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postelection audit of the campaign accounts of all candidates

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receiving contributions from the Election Campaign Financing

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Trust Fund.

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     Section 5.  Subsections (3), (4), and (5) of section

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106.265, Florida Statutes, are amended to read:

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     106.265  Civil penalties.--

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     (3)  Any civil penalty collected pursuant to the provisions

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of this section shall be deposited into the General Revenue

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Election Campaign Financing Trust Fund.

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     (4) Notwithstanding any other provisions of this chapter,

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any fine assessed pursuant to the provisions of this chapter,

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which fine is designated to be deposited or which would otherwise

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be deposited into the General Revenue Fund of the state, shall be

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deposited into the Election Campaign Financing Trust Fund.

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     (4)(5) In any case in which the commission determines that

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a person has filed a complaint against another person with a

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malicious intent to injure the reputation of the person

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complained against by filing the complaint with knowledge that

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the complaint contains one or more false allegations or with

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reckless disregard for whether the complaint contains false

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allegations of fact material to a violation of this chapter or

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chapter 104, the complainant shall be liable for costs and

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reasonable attorney's fees incurred in the defense of the person

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complained against, including the costs and reasonable attorney's

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fees incurred in proving entitlement to and the amount of costs

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and fees. If the complainant fails to pay such costs and fees

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voluntarily within 30 days following such finding by the

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commission, the commission shall forward such information to the

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Department of Legal Affairs, which shall bring a civil action in

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a court of competent jurisdiction to recover the amount of such

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costs and fees awarded by the commission.

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     Section 6.  Subsections (14) through (17) of section 320.02,

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Florida Statutes, are renumbered as subsections (13) through

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(16), respectively, and present subsection (13) of that section

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is amended to read:

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     320.02  Registration required; application for registration;

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forms.--

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     (13) The application form for motor vehicle registration

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shall include language permitting a voluntary contribution of $5

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per applicant, which contribution shall be transferred into the

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Election Campaign Financing Trust Fund. A statement providing an

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explanation of the purpose of the trust fund shall also be

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included.

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     Section 7.  Paragraph (b) of subsection (9) of section

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320.27, Florida Statutes, is amended to read:

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     320.27  Motor vehicle dealers.--

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     (9)  DENIAL, SUSPENSION, OR REVOCATION.--

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     (b)  The department may deny, suspend, or revoke any license

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issued hereunder or under the provisions of s. 320.77 or s.

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320.771 upon proof that a licensee has committed, with sufficient

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frequency so as to establish a pattern of wrongdoing on the part

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of a licensee, violations of one or more of the following

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activities:

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     1.  Representation that a demonstrator is a new motor

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vehicle, or the attempt to sell or the sale of a demonstrator as

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a new motor vehicle without written notice to the purchaser that

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the vehicle is a demonstrator. For the purposes of this section,

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a "demonstrator," a "new motor vehicle," and a "used motor

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vehicle" shall be defined as under s. 320.60.

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     2.  Unjustifiable refusal to comply with a licensee's

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responsibility under the terms of the new motor vehicle warranty

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issued by its respective manufacturer, distributor, or importer.

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However, if such refusal is at the direction of the manufacturer,

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distributor, or importer, such refusal shall not be a ground

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under this section.

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     3.  Misrepresentation or false, deceptive, or misleading

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statements with regard to the sale or financing of motor vehicles

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which any motor vehicle dealer has, or causes to have,

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advertised, printed, displayed, published, distributed,

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broadcast, televised, or made in any manner with regard to the

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sale or financing of motor vehicles.

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     4.  Failure by any motor vehicle dealer to provide a

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customer or purchaser with an odometer disclosure statement and a

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copy of any bona fide written, executed sales contract or

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agreement of purchase connected with the purchase of the motor

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vehicle purchased by the customer or purchaser.

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     5.  Failure of any motor vehicle dealer to comply with the

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terms of any bona fide written, executed agreement, pursuant to

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the sale of a motor vehicle.

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     6.  Failure to apply for transfer of a title as prescribed

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in s. 319.23(6).

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     7.  Use of the dealer license identification number by any

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person other than the licensed dealer or his or her designee.

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     8.  Failure to continually meet the requirements of the

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licensure law.

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     9.  Representation to a customer or any advertisement to the

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public representing or suggesting that a motor vehicle is a new

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motor vehicle if such vehicle lawfully cannot be titled in the

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name of the customer or other member of the public by the seller

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using a manufacturer's statement of origin as permitted in s.

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319.23(1).

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     10.  Requirement by any motor vehicle dealer that a customer

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or purchaser accept equipment on his or her motor vehicle which

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was not ordered by the customer or purchaser.

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     11.  Requirement by any motor vehicle dealer that any

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customer or purchaser finance a motor vehicle with a specific

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financial institution or company.

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     12.  Requirement by any motor vehicle dealer that the

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purchaser of a motor vehicle contract with the dealer for

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physical damage insurance.

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     13.  Perpetration of a fraud upon any person as a result of

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dealing in motor vehicles, including, without limitation, the

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misrepresentation to any person by the licensee of the licensee's

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relationship to any manufacturer, importer, or distributor.

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     14.  Violation of any of the provisions of s. 319.35 by any

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motor vehicle dealer.

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     15.  Sale by a motor vehicle dealer of a vehicle offered in

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trade by a customer prior to consummation of the sale, exchange,

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or transfer of a newly acquired vehicle to the customer, unless

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the customer provides written authorization for the sale of the

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trade-in vehicle prior to delivery of the newly acquired vehicle.

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     16.  Willful failure to comply with any administrative rule

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adopted by the department or the provisions of s. 320.131(8).

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     17.  Violation of chapter 319, this chapter, or ss. 559.901-

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559.9221, which has to do with dealing in or repairing motor

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vehicles or mobile homes. Additionally, in the case of used motor

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vehicles, the willful violation of the federal law and rule in 15

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U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the consumer

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sales window form.

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     18.  Failure to maintain evidence of notification to the

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owner or coowner of a vehicle regarding registration or titling

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fees owed as required in s. 320.02(16)(17).

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     19.  Failure to register a mobile home salesperson with the

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department as required by this section.

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     Section 8.  Subsection (6) of section 322.08, Florida

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Statutes, is amended to read:

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     322.08  Application for license.--

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     (6)  The application form for a driver's license or

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duplicate thereof shall include language permitting the

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following:

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     (a) A voluntary contribution of $5 per applicant, which

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contribution shall be transferred into the Election Campaign

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Financing Trust Fund.

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     (a)(b) A voluntary contribution of $1 per applicant, which

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contribution shall be deposited into the Florida Organ and Tissue

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Donor Education and Procurement Trust Fund for organ and tissue

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donor education and for maintaining the organ and tissue donor

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registry.

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     (b)(c) A voluntary contribution of $1 per applicant, which

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contribution shall be distributed to the Florida Council of the

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Blind.

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     (c)(d) A voluntary contribution of $2 per applicant, which

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shall be distributed to the Hearing Research Institute,

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Incorporated.

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     (d)(e) A voluntary contribution of $1 per applicant, which

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shall be distributed to the Juvenile Diabetes Foundation

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International.

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     (e)(f) A voluntary contribution of $1 per applicant, which

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shall be distributed to the Children's Hearing Help Fund.

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A statement providing an explanation of the purpose of the trust

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funds shall also be included. For the purpose of applying the

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service charge provided in s. 215.20, contributions received

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under paragraphs (b), (c), (d), and (e), and (f) and under s.

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322.18(9)(a) are not income of a revenue nature.

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     Section 9.  Subsection (11) of section 328.72, Florida

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Statutes, is amended to read:

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     328.72  Classification; registration; fees and charges;

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surcharge; disposition of fees; fines; marine turtle stickers.--

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     (11)  VOLUNTARY CONTRIBUTIONS.--The application form for

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boat registration shall include a provision to allow each

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applicant to indicate a desire to pay an additional voluntary

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contribution to the Save the Manatee Trust Fund to be used for

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the purposes specified in s. 370.12(4). This contribution shall

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be in addition to all other fees and charges. The amount of the

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request for a voluntary contribution solicited shall be $2 or $5

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per registrant. A registrant who provides a voluntary

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contribution of $5 or more shall be given a sticker or emblem by

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the tax collector to display, which signifies support for the

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Save the Manatee Trust Fund. All voluntary contributions shall be

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deposited in the Save the Manatee Trust Fund and shall be used

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for the purposes specified in s. 370.12(4). The form shall also

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include language permitting a voluntary contribution of $5 per

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applicant, which contribution shall be transferred into the

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Election Campaign Financing Trust Fund. A statement providing an

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explanation of the purpose of the trust fund shall also be

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included.

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     Section 10.  Subsection (1) of section 607.1622, Florida

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Statutes, is amended to read:

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     607.1622  Annual report for Department of State.--

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     (1)  Each domestic corporation and each foreign corporation

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authorized to transact business in this state shall deliver to

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the Department of State for filing a sworn annual report on such

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forms as the Department of State prescribes that sets forth:

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     (a)  The name of the corporation and the state or country

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under the law of which it is incorporated.;

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     (b)  The date of incorporation or, if a foreign corporation,

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the date on which it was admitted to do business in this state.;

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     (c)  The address of its principal office and the mailing

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address of the corporation.;

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     (d)  The corporation's federal employer identification

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number, if any, or, if none, whether one has been applied for.;

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     (e)  The names and business street addresses of its

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directors and principal officers.;

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     (f)  The street address of its registered office and the

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name of its registered agent at that office in this state.;

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     (g) Language permitting a voluntary contribution of $5 per

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taxpayer, which contribution shall be transferred into the

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Election Campaign Financing Trust Fund. A statement providing an

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explanation of the purpose of the trust fund shall also be

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included; and

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     (g)(h) Such additional information as may be necessary or

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appropriate to enable the Department of State to carry out the

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provisions of this act.

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     Section 11.  Subsection (1) of section 765.5215, Florida

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Statutes, is amended to read:

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     765.5215  Education program relating to anatomical

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gifts.--The Agency for Health Care Administration, subject to the

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concurrence of the Department of Highway Safety and Motor

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Vehicles, shall develop a continuing program to educate and

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inform medical professionals, law enforcement agencies and

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officers, high school children, state and local government

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employees, and the public regarding the laws of this state

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relating to anatomical gifts and the need for anatomical gifts.

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     (1)  The program is to be implemented with the assistance of

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the organ and tissue donor education panel as provided in s.

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765.5216 and with the funds collected under ss. 320.08047 and

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322.08(6)(a)(b). Existing community resources, when available,

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must be used to support the program, and volunteers may assist

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the program to the maximum extent possible. The Agency for Health

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Care Administration may contract for the provision of all or any

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portion of the program. When awarding such contract, the agency

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shall give priority to existing nonprofit groups that are located

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within the community, including within the minority communities

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specified in subsection (2). The program aimed at educating

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medical professionals may be implemented by contract with one or

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more medical schools located in the state.

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     Section 12.  Subsection (1) of section 765.5216, Florida

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Statutes, is amended to read:

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     765.5216  Organ and tissue donor education panel.--

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     (1)  The Legislature recognizes that there exists in the

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state a shortage of organ and tissue donors to provide the organs

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and tissue that could save lives or enhance the quality of life

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for many Floridians. The Legislature further recognizes the need

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to encourage the various minority populations of Florida to

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donate organs and tissue. It is the intent of the Legislature

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that the funds collected pursuant to ss. 320.08047 and

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322.08(6)(a)(b) be used for educational purposes aimed at

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increasing the number of organ and tissue donors, thus affording

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more Floridians who are awaiting organ or tissue transplants the

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opportunity for a full and productive life.

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     Section 13.  This act shall take effect on the effective

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date of an amendment to the State Constitution approved by the

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electors at the general election to be held in November 2008

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which authorizes, or removes impediment to, enactment by the

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Legislature of the provisions of this act.