Florida Senate - 2011                                    SB 2086
       
       
       
       By the Committee on Rules Subcommittee on Ethics and Elections
       
       
       
       
       582-03200A-11                                         20112086__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 99.095,
    3         F.S.; allowing a candidate to obtain the required
    4         number of signatures from any registered voter
    5         regardless of district boundaries in a year of
    6         apportionment; amending s. 101.161, F.S.; specifying a
    7         time period to initiate an action to challenge an
    8         amendment to the State Constitution proposed by the
    9         Legislature; requiring the court, including an
   10         appellate court, to accord the case priority over
   11         other cases; requiring the Attorney General to revise
   12         a ballot title or ballot summary for an amendment
   13         proposed by the Legislature under certain
   14         circumstances; requiring the Department of State to
   15         furnish a designating number and the revised ballot
   16         title and substance to the supervisors of elections;
   17         providing that a defect in a ballot title or ballot
   18         summary in an amendment proposed by the Legislature is
   19         not grounds to remove the amendment from the ballot;
   20         amending s. 101.591, F.S.; removing the audit
   21         requirement by the canvassing board if a manual
   22         recount is undertaken; amending s. 101.62, F.S.;
   23         extending the time for requesting an absentee ballot
   24         to the end of the calendar year of the next regularly
   25         scheduled general election; removing requirements that
   26         an elector provide certain information when requesting
   27         an absentee ballot from the county supervisor of
   28         elections; amending s. 101.68, F.S.; extending the
   29         time for canvassing and processing absentee ballots to
   30         15 days before the election; amending s. 106.011,
   31         F.S.; revising the definition of the term “independent
   32         expenditure”; amending s. 106.022, F.S.; requiring a
   33         political committee, committee of continuous
   34         existence, or electioneering communications
   35         organization to file a statement of appointment with
   36         the filing officer rather than with the Division of
   37         Elections; authorizing an entity to change its
   38         appointment of registered agent or registered office
   39         by filing a written statement with the filing officer;
   40         requiring a registered agent who resigns to execute a
   41         written statement of resignation and file it with the
   42         filing officer; amending s. 106.023, F.S.; revising
   43         the form of the statement of candidate to require a
   44         candidate to acknowledge that he or she has been
   45         provided access to and understands the requirements of
   46         ch. 106, F.S.; amending s. 106.04, F.S.; transferring
   47         a requirement that certain committees of continuous
   48         existence file campaign finance reports in special
   49         elections; requiring a committee of continuous
   50         existence that makes a contribution or expenditure to
   51         influence the results of certain county or municipal
   52         elections to file specified reports; subjecting a
   53         committee of continuous existence that fails to file a
   54         report or to timely file a report with the Division of
   55         Elections or a county or municipal filing officer to a
   56         fine; requiring a committee of continuous existence to
   57         include transaction information from credit card
   58         purchases in a report filed with the Division of
   59         Elections; requiring a committee of continuous
   60         existence to report changes in information previously
   61         reported to the Division of Elections within 10 days
   62         after the change; requiring the Division of Elections
   63         to revoke the certification of a committee of
   64         continuous existence that fails to file or report
   65         certain information; requiring the division to adopt
   66         rules to prescribe the manner in which the
   67         certification is revoked; increasing the amount of a
   68         fine to be levied on a committee of continuous
   69         existence that fails to timely file certain reports;
   70         providing for the deposit of the proceeds of the
   71         fines; including the registered agent of a committee
   72         of continuous existence as a person whom the filing
   73         officer may notify that a report has not been filed;
   74         providing criteria for deeming delivery complete of a
   75         notice of fine; requiring a committee of continuous
   76         existence that appeals a fine to file a copy of the
   77         appeal with the filing officer; defining the term
   78         “repeated late filing”; requiring the Elections
   79         Commission to treat the late filings addressed in a
   80         single notice of repeated late filings as a single
   81         violation; amending s. 106.07, F.S.; creating an
   82         exception for reports due in the third calendar
   83         quarter immediately preceding a general election from
   84         a requirement that the campaign treasurer report
   85         contributions received and expenditures made on the
   86         10th day following the end of each calendar quarter;
   87         revising reporting requirements for a statewide
   88         candidate who receives funding under the Florida
   89         Election Campaign Financing Act and candidates in a
   90         race with a candidate who has requested funding under
   91         that act; deleting a requirement for a committee of
   92         continuous existence to file a campaign treasurer’s
   93         report relating to contributions or expenditures to
   94         influence the results of a special election; revising
   95         the methods by which a campaign treasurer may be
   96         notified of the determination that a report is
   97         incomplete to include certified mail and other methods
   98         using a common carrier that provides proof of delivery
   99         of the notice; extending the time the campaign
  100         treasurer has to file an addendum to the report after
  101         receipt of notice of why the report is incomplete;
  102         providing criteria for deeming delivery complete of a
  103         notice of incomplete report; deleting a provision
  104         allowing for notification by telephone of an
  105         incomplete report; requiring political committees that
  106         make a contribution or expenditure to influence the
  107         results of certain county or municipal elections to
  108         file campaign finance reports with the county or
  109         municipal filing officer and to include its
  110         contributions and expenditures in a report to the
  111         Division of Elections; revising the information that
  112         must be included in a report to include transaction
  113         information for credit card purchases; deleting a
  114         requirement for a campaign depository to return checks
  115         drawn on the account to the campaign treasurer;
  116         deleting a provision providing that the failure to
  117         file a copy of a report is not subject to a separate
  118         fine; specifying the amount of a fine for the failure
  119         to timely file reports after a special primary
  120         election or special election; specifying that the
  121         registered agent of a political committee is a person
  122         whom a filing officer may notify of the amount of the
  123         fine for filing a late report; providing criteria for
  124         deeming delivery complete of a notice of late report
  125         and resulting fine; defining the term “repeated late
  126         filing”; requiring the Elections Commission to treat
  127         the late filings addressed in a single notice of
  128         repeated late filings as a single violation; amending
  129         s. 106.0703, F.S.; defining the term “repeated late
  130         filing”; requiring the Elections Commission to treat
  131         the late filings addressed in a single notice of
  132         repeated late filings as a single violation; amending
  133         s. 106.0705, F.S.; requiring certain individuals to
  134         electronically file certain reports with the Division
  135         of Elections; conforming a cross-reference to changes
  136         made by the act; deleting an obsolete provision;
  137         amending s. 106.08, F.S.; deleting a requirement for
  138         the Department of State to notify candidates as to
  139         whether an independent or minor party candidate has
  140         obtained the required number of petition signatures;
  141         deleting a requirement for certain unopposed
  142         candidates to return contributions; specifying the
  143         entities with which a political party’s state
  144         executive committee and county executive committees
  145         must file a written acceptance of an in-kind
  146         contribution; amending s. 106.09, F.S.; specifying
  147         that the limitations on contributions by cash or
  148         cashier’s check apply to the aggregate amount of
  149         contributions to a candidate or committee per
  150         election; amending s. 106.11, F.S.; revising the
  151         statement that must be contained on checks from a
  152         campaign account; deleting requirements relating to
  153         the use of debit cards; authorizing a campaign for a
  154         candidate to reimburse the candidate’s loan to the
  155         campaign when the campaign account has sufficient
  156         funds; amending s. 106.141, F.S.; requiring candidates
  157         receiving public financing to return all surplus funds
  158         to the General Revenue Fund after paying certain
  159         monetary obligations and expenses; amending s.
  160         106.143, F.S.; specifying disclosure statements that
  161         must be included in political advertisements paid for
  162         by a write-in candidate; prohibiting the inclusion of
  163         a person’s political affiliation in advertisements for
  164         a nonpartisan office; clarifying the type of political
  165         advertisements that must be approved in advance by a
  166         candidate; deleting an exemption from the requirement
  167         to obtain a candidate’s approval for messages designed
  168         to be worn; amending s. 106.18, F.S.; deleting a
  169         provision providing that a candidate will not be
  170         prevented from receiving a certificate of election for
  171         failing to file a report; amending s. 106.19, F.S.;
  172         providing that a candidate’s failure to comply with
  173         ch. 106, F.S., has no effect on whether the candidate
  174         has qualified for office; amending s. 106.29, F.S.;
  175         requiring state and county executive committees that
  176         make contributions or expenditures to influence the
  177         results of a special election or special primary
  178         election to file campaign treasurer’s reports;
  179         amending campaign finance reporting dates, to conform;
  180         deleting a requirement that each state executive
  181         committee file the original and one copy of its
  182         reports with the Division of Elections; deleting a
  183         provision prohibiting the assessment of a separate
  184         fine for failing to file a copy of a report, to
  185         conform; revising the due date for filing a report;
  186         providing criteria for deeming delivery complete of a
  187         notice of fine; defining the term “repeated late
  188         filing”; requiring the Elections Commission to treat
  189         the late filings addressed in a single notice of
  190         repeated late filings as a single violation; amending
  191         s. 106.35, F.S.; deleting a requirement that the
  192         Division of Election adopt rules relating to the
  193         format and filing of certain printed campaign
  194         treasurer’s reports; providing an effective date.
  195  
  196  Be It Enacted by the Legislature of the State of Florida:
  197  
  198         Section 1. Paragraph (d) is added to subsection (2) of
  199  section 99.095, Florida Statutes, to read:
  200         99.095 Petition process in lieu of a qualifying fee and
  201  party assessment.—
  202         (2)
  203         (d) In a year of apportionment, any candidate for county or
  204  district office seeking ballot position by the petition process
  205  may obtain the required number of signatures from any registered
  206  voter in the respective county, regardless of district
  207  boundaries. The candidate shall obtain at least the number of
  208  signatures equal to 1 percent of the total number of registered
  209  voters, as shown by a compilation by the department for the
  210  immediately preceding general election, divided by the total
  211  number of districts of the office involved.
  212         Section 2. Subsection (2) of section 101.161, Florida
  213  Statutes, is amended to read:
  214         101.161 Referenda; ballots.—
  215         (2)(a) The substance and ballot title of a constitutional
  216  amendment proposed by initiative shall be prepared by the
  217  sponsor and approved by the Secretary of State in accordance
  218  with rules adopted pursuant to s. 120.54. The Department of
  219  State shall give each proposed constitutional amendment a
  220  designating number for convenient reference. This number
  221  designation shall appear on the ballot. Designating numbers
  222  shall be assigned in the order of filing or certification and in
  223  accordance with rules adopted by the Department of State. The
  224  Department of State shall furnish the designating number, the
  225  ballot title, and the substance of each amendment to the
  226  supervisor of elections of each county in which such amendment
  227  is to be voted on.
  228         (b) Any action for a judicial determination that the ballot
  229  title or substance embodied in a joint resolution is inaccurate,
  230  misleading, or otherwise defective must be commenced within 30
  231  days after the joint resolution is filed with the Secretary of
  232  State or at least 150 days before the election at which the
  233  amendment will appear on the ballot, whichever occurs later. The
  234  court, including any appellate court, shall accord the case
  235  priority over other pending cases and render a decision as
  236  expeditiously as possible. If the court determines that the
  237  ballot title or substance embodied in the joint resolution is
  238  defective and further appeals are declined, abandoned, or
  239  exhausted, the Attorney General shall promptly prepare a revised
  240  ballot title and substance that correct the deficiencies
  241  identified by the court, and the Department of State shall
  242  furnish a designating number and the revised ballot title and
  243  substance to the supervisors of elections for placement on the
  244  ballot. A defect in the ballot title or substance embodied in
  245  the joint resolution is not grounds to remove the proposed
  246  amendment from the ballot.
  247         Section 3. Subsection (6) is added to section 101.591,
  248  Florida Statutes, to read:
  249         101.591 Voting system audit.—
  250         (6) If a manual recount is undertaken pursuant to s.
  251  102.166, the canvassing board is not required to perform the
  252  audit provided for in this section.
  253         Section 4. Paragraph (a) of subsection (1) and paragraph
  254  (b) of subsection (4) of section 101.62, Florida Statutes, are
  255  amended to read:
  256         101.62 Request for absentee ballots.—
  257         (1)(a) The supervisor shall accept a request for an
  258  absentee ballot from an elector in person or in writing. One
  259  request shall be deemed sufficient to receive an absentee ballot
  260  for all elections through the end of the calendar year of the
  261  next regularly scheduled general election, unless the elector or
  262  the elector’s designee indicates at the time the request is made
  263  the elections for which the elector desires to receive an
  264  absentee ballot. Such request may be considered canceled when
  265  any first-class mail sent by the supervisor to the elector is
  266  returned as undeliverable.
  267         (4)
  268         (b) The supervisor shall provide an absentee ballot to each
  269  elector by whom a request for that ballot has been made by one
  270  of the following means:
  271         1. By nonforwardable, return-if-undeliverable mail to the
  272  elector’s current mailing address on file with the supervisor
  273  or, unless the elector specifies in the request that:
  274         a. The elector is absent from the county and does not plan
  275  to return before the day of the election;
  276         b. The elector is temporarily unable to occupy the
  277  residence because of hurricane, tornado, flood, fire, or other
  278  emergency or natural disaster; or
  279         c. The elector is in a hospital, assisted living facility,
  280  nursing home, short-term medical or rehabilitation facility, or
  281  correctional facility,
  282  
  283  in which case the supervisor shall mail the ballot by
  284  nonforwardable, return-if-undeliverable mail to any other
  285  address the elector specifies in the request.
  286         2. By forwardable mail, e-mail, or facsimile machine
  287  transmission to absent uniformed services voters and overseas
  288  voters. The absent uniformed services voter or overseas voter
  289  may designate in the absentee ballot request the preferred
  290  method of transmission. If the voter does not designate the
  291  method of transmission, the absentee ballot shall be mailed.
  292         3. By personal delivery before 7 p.m. on election day to
  293  the elector, upon presentation of the identification required in
  294  s. 101.043.
  295         4. By delivery to a designee on election day or up to 5
  296  days prior to the day of an election. Any elector may designate
  297  in writing a person to pick up the ballot for the elector;
  298  however, the person designated may not pick up more than two
  299  absentee ballots per election, other than the designee’s own
  300  ballot, except that additional ballots may be picked up for
  301  members of the designee’s immediate family. For purposes of this
  302  section, “immediate family” means the designee’s spouse or the
  303  parent, child, grandparent, or sibling of the designee or of the
  304  designee’s spouse. The designee shall provide to the supervisor
  305  the written authorization by the elector and a picture
  306  identification of the designee and must complete an affidavit.
  307  The designee shall state in the affidavit that the designee is
  308  authorized by the elector to pick up that ballot and shall
  309  indicate if the elector is a member of the designee’s immediate
  310  family and, if so, the relationship. The department shall
  311  prescribe the form of the affidavit. If the supervisor is
  312  satisfied that the designee is authorized to pick up the ballot
  313  and that the signature of the elector on the written
  314  authorization matches the signature of the elector on file, the
  315  supervisor shall give the ballot to that designee for delivery
  316  to the elector.
  317         Section 5. Paragraph (a) of subsection (2) of section
  318  101.68, Florida Statutes, is amended to read:
  319         101.68 Canvassing of absentee ballot.—
  320         (2)(a) The county canvassing board may begin the canvassing
  321  of absentee ballots at 7 a.m. on the 15th sixth day before the
  322  election, but not later than noon on the day following the
  323  election. In addition, for any county using electronic
  324  tabulating equipment, the processing of absentee ballots through
  325  such tabulating equipment may begin at 7 a.m. on the 15th sixth
  326  day before the election. However, notwithstanding any such
  327  authorization to begin canvassing or otherwise processing
  328  absentee ballots early, no result shall be released until after
  329  the closing of the polls in that county on election day. Any
  330  supervisor of elections, deputy supervisor of elections,
  331  canvassing board member, election board member, or election
  332  employee who releases the results of a canvassing or processing
  333  of absentee ballots prior to the closing of the polls in that
  334  county on election day commits a felony of the third degree,
  335  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  336         Section 6. Paragraph (b) of subsection (5) of section
  337  106.011, Florida Statutes, is amended to read:
  338         106.011 Definitions.—As used in this chapter, the following
  339  terms have the following meanings unless the context clearly
  340  indicates otherwise:
  341         (5)
  342         (b) An expenditure for the purpose of expressly advocating
  343  the election or defeat of a candidate which is made by the
  344  national, state, or county executive committee of a political
  345  party, including any subordinate committee of a national, state,
  346  or county committee of a political party, or by any political
  347  committee or committee of continuous existence, or any other
  348  person, shall not be considered an independent expenditure if
  349  the committee or person:
  350         1. Communicates with the candidate, the candidate’s
  351  campaign, or an agent of the candidate acting on behalf of the
  352  candidate, including any pollster, media consultant, advertising
  353  agency, vendor, advisor, or staff member, concerning the
  354  preparation of, use of, or payment for, the specific expenditure
  355  or advertising campaign at issue; or
  356         2. Makes a payment in cooperation, consultation, or concert
  357  with, at the request or suggestion of, or pursuant to any
  358  general or particular understanding with the candidate, the
  359  candidate’s campaign, a political committee supporting the
  360  candidate, or an agent of the candidate relating to the specific
  361  expenditure or advertising campaign at issue; or
  362         3. Makes a payment for the dissemination, distribution, or
  363  republication, in whole or in part, of any broadcast or any
  364  written, graphic, or other form of campaign material prepared by
  365  the candidate, the candidate’s campaign, or an agent of the
  366  candidate, including any pollster, media consultant, advertising
  367  agency, vendor, advisor, or staff member; or
  368         4. Makes a payment based on information about the
  369  candidate’s plans, projects, or needs communicated to a member
  370  of the committee or person by the candidate or an agent of the
  371  candidate, provided the committee or person uses the information
  372  in any way, in whole or in part, either directly or indirectly,
  373  to design, prepare, or pay for the specific expenditure or
  374  advertising campaign at issue; or
  375         5. After the last day of the qualifying period prescribed
  376  for the candidate for statewide or legislative office, consults
  377  about the candidate’s plans, projects, or needs in connection
  378  with the candidate’s pursuit of election to office and the
  379  information is used in any way to plan, create, design, or
  380  prepare an independent expenditure or advertising campaign,
  381  with:
  382         a. Any officer, director, employee, or agent of a national,
  383  state, or county executive committee of a political party that
  384  has made or intends to make expenditures in connection with or
  385  contributions to the candidate; or
  386         b. Any person whose professional services have been
  387  retained by a national, state, or county executive committee of
  388  a political party that has made or intends to make expenditures
  389  in connection with or contributions to the candidate; or
  390         6. After the last day of the qualifying period prescribed
  391  for the candidate for statewide or legislative office, retains
  392  the professional services of any person also providing those
  393  services to the candidate in connection with the candidate’s
  394  pursuit of election to office; or
  395         7. Arranges, coordinates, or directs the expenditure, in
  396  any way, with the candidate or an agent of the candidate.
  397         Section 7. Section 106.022, Florida Statutes, is amended to
  398  read:
  399         106.022 Appointment of a registered agent; duties.—
  400         (1) Each political committee, committee of continuous
  401  existence, or electioneering communications organization shall
  402  have and continuously maintain in this state a registered office
  403  and a registered agent and must file with the filing officer
  404  division a statement of appointment for the registered office
  405  and registered agent. The statement of appointment must:
  406         (a) Provide the name of the registered agent and the street
  407  address and phone number for the registered office;
  408         (b) Identify the entity for whom the registered agent
  409  serves;
  410         (c) Designate the address the registered agent wishes to
  411  use to receive mail;
  412         (d) Include the entity’s undertaking to inform the filing
  413  officer division of any change in such designated address;
  414         (e) Provide for the registered agent’s acceptance of the
  415  appointment, which must confirm that the registered agent is
  416  familiar with and accepts the obligations of the position as set
  417  forth in this section; and
  418         (f) Contain the signature of the registered agent and the
  419  entity engaging the registered agent.
  420         (2) An entity may change its appointment of registered
  421  agent and registered office under this section by executing a
  422  written statement of change and filing it with the filing
  423  officer. The statement must satisfy that identifies the former
  424  registered agent and registered address and also satisfies all
  425  of the requirements of subsection (1).
  426         (3) A registered agent may resign his or her appointment as
  427  registered agent by executing a written statement of resignation
  428  and filing it with the filing officer division. An entity
  429  without a registered agent may not make expenditures or accept
  430  contributions until it files a written statement of change as
  431  required in subsection (2).
  432         Section 8. Subsection (1) of section 106.023, Florida
  433  Statutes, is amended to read:
  434         106.023 Statement of candidate.—
  435         (1) Each candidate must file a statement with the
  436  qualifying officer within 10 days after filing the appointment
  437  of campaign treasurer and designation of campaign depository,
  438  stating that the candidate has read and understands the
  439  requirements of this chapter. Such statement shall be provided
  440  by the filing officer and shall be in substantially the
  441  following form:
  442  
  443                       STATEMENT OF CANDIDATE                      
  444  
  445         I, ...., candidate for the office of ...., have been
  446  provided access to received, read, and understand the
  447  requirements of Chapter 106, Florida Statutes.
  448  
  449  ...(Signature of candidate)...                      ...(Date)...
  450  
  451  Willful failure to file this form is a violation of ss.
  452  106.19(1)(c) and 106.25(3), F.S.
  453         Section 9. Subsection (4) of section 106.04, Florida
  454  Statutes, is amended, present subsections (7) and (8) of that
  455  section are amended and renumbered as subsections (8) and (9),
  456  respectively, and a new subsection (7) is added to that section,
  457  to read:
  458         106.04 Committees of continuous existence.—
  459         (4)(a) Each committee of continuous existence shall file an
  460  annual report with the Division of Elections during the month of
  461  January. Such annual reports shall contain the same information
  462  and shall be accompanied by the same materials as original
  463  applications filed pursuant to subsection (2). However, the
  464  charter or bylaws need not be filed if the annual report is
  465  accompanied by a sworn statement by the chair that no changes
  466  have been made to such charter or bylaws since the last filing.
  467         (b)1. Each committee of continuous existence shall file
  468  regular reports with the Division of Elections at the same times
  469  and subject to the same filing conditions as are established by
  470  s. 106.07(1) and (2) for candidates’ reports. In addition, when
  471  a special election is called to fill a vacancy in office, a
  472  committee of continuous existence that makes a contribution or
  473  expenditure to influence the results of such special election or
  474  the preceding special primary election must file campaign
  475  finance reports with the filing officer on the dates set by the
  476  Department of State pursuant to s. 100.111.
  477         2.A committee of continuous existence that makes a
  478  contribution or an expenditure to influence the results of a
  479  county or municipal election that is not being held at the same
  480  time as a state or federal election must also file campaign
  481  finance reports with the county or municipal filing officer on
  482  the same dates as county or municipal candidates or committees
  483  for that election. The committee of continuous existence must
  484  also include the contribution or expenditure in the next report
  485  filed with the Division of Elections pursuant to this section
  486  following the county or municipal election.
  487         3.2. Any committee of continuous existence failing to so
  488  file a report with the Division of Elections or applicable
  489  filing officer pursuant to this paragraph on the designated due
  490  date shall be subject to a fine for late filing as provided by
  491  this section.
  492         (c) All committees of continuous existence shall file their
  493  reports with the Division of Elections. Reports shall be filed
  494  in accordance with s. 106.0705 and shall contain the following
  495  information:
  496         1. The full name, address, and occupation of each person
  497  who has made one or more contributions, including contributions
  498  that represent the payment of membership dues, to the committee
  499  during the reporting period, together with the amounts and dates
  500  of such contributions. For corporations, the report must provide
  501  as clear a description as practicable of the principal type of
  502  business conducted by the corporation. However, if the
  503  contribution is $100 or less, the occupation of the contributor
  504  or principal type of business need not be listed. However, for
  505  any contributions that represent the payment of dues by members
  506  in a fixed amount aggregating no more than $250 per calendar
  507  year, pursuant to the schedule on file with the Division of
  508  Elections, only the aggregate amount of such contributions need
  509  be listed, together with the number of members paying such dues
  510  and the amount of the membership dues.
  511         2. The name and address of each political committee or
  512  committee of continuous existence from which the reporting
  513  committee received, or the name and address of each political
  514  committee, committee of continuous existence, or political party
  515  to which it made, any transfer of funds, together with the
  516  amounts and dates of all transfers.
  517         3. Any other receipt of funds not listed pursuant to
  518  subparagraph 1. or subparagraph 2., including the sources and
  519  amounts of all such funds.
  520         4. The name and address of, and office sought by, each
  521  candidate to whom the committee has made a contribution during
  522  the reporting period, together with the amount and date of each
  523  contribution.
  524         5. The full name and address of each person to whom
  525  expenditures have been made by or on behalf of the committee
  526  within the reporting period; the amount, date, and purpose of
  527  each such expenditure; and the name and address, and office
  528  sought by, each candidate on whose behalf such expenditure was
  529  made.
  530         6. The full name and address of each person to whom an
  531  expenditure for personal services, salary, or reimbursement for
  532  authorized expenses has been made, including the full name and
  533  address of each entity to whom the person made payment for which
  534  reimbursement was made by check drawn upon the committee
  535  account, together with the amount and purpose of such payment.
  536         7. Transaction information from each credit card purchase
  537  statement that will be included in the next report following
  538  receipt thereof by the committee. Receipts for each credit card
  539  purchase shall be retained by the treasurer with the records for
  540  the committee account.
  541         8. The total sum of expenditures made by the committee
  542  during the reporting period.
  543         (d) The treasurer of each committee shall certify as to the
  544  correctness of each report and shall bear the responsibility for
  545  its accuracy and veracity. Any treasurer who willfully certifies
  546  to the correctness of a report while knowing that such report is
  547  incorrect, false, or incomplete commits a misdemeanor of the
  548  first degree, punishable as provided in s. 775.082 or s.
  549  775.083.
  550         (7) Any change in information previously submitted to the
  551  division shall be reported within 10 days following the change.
  552         (8)(7) If a committee of continuous existence ceases to
  553  meet the criteria prescribed by subsection (1) or fails to file
  554  a report or information required pursuant to this chapter, the
  555  Division of Elections shall revoke its certification until such
  556  time as the criteria are again met. The Division of Elections
  557  shall adopt promulgate rules to prescribe the manner in which
  558  the such certification of a committee of continuous existence
  559  shall be revoked. Such rules shall, at a minimum, provide for:
  560         (a) Notice, which must shall contain the facts and conduct
  561  that warrant the intended action.
  562         (b) Adequate opportunity to respond.
  563         (c) Appeal of the decision to the Florida Elections
  564  Commission. Such appeals are shall be exempt from the
  565  confidentiality provisions of s. 106.25.
  566         (9)(8)(a) Any committee of continuous existence failing to
  567  file a report on the designated due date is shall be subject to
  568  a fine. The fine shall be $50 per day for the first 3 days late
  569  and, thereafter, $500 per day for each late day, not to exceed
  570  25 percent of the total receipts or expenditures, whichever is
  571  greater, for the period covered by the late report. However, for
  572  the reports immediately preceding each primary and general
  573  election, including a special primary election and a special
  574  general election, the fine shall be $500 per day for each late
  575  day, not to exceed 25 percent of the total receipts or
  576  expenditures, whichever is greater, for the period covered by
  577  the late report. The fine shall be assessed by the filing
  578  officer, and the moneys collected shall be deposited into:
  579         1.In The General Revenue Fund, in the case of fines
  580  collected by the Division of Elections.
  581         2. The general revenue fund of the political subdivision,
  582  in the case of fines collected by a county or municipal filing
  583  officer. No separate fine shall be assessed for failure to file
  584  a copy of any report required by this section.
  585         (b) Upon determining that a report is late, the filing
  586  officer shall immediately notify the treasurer of the committee
  587  or the committee’s registered agent as to the failure to file a
  588  report by the designated due date and that a fine is being
  589  assessed for each late day. Upon receipt of the report, the
  590  filing officer shall determine the amount of fine which is due
  591  and shall notify the treasurer of the committee. Notice is
  592  deemed complete upon proof of delivery of written notice to the
  593  mailing or street address on record with the filing officer. The
  594  filing officer shall determine the amount of the fine due based
  595  upon the earliest of the following:
  596         1. When the report is actually received by such officer.
  597         2. When the report is postmarked.
  598         3. When the certificate of mailing is dated.
  599         4. When the receipt from an established courier company is
  600  dated.
  601  
  602  Such fine shall be paid to the filing officer within 20 days
  603  after receipt of the notice of payment due, unless appeal is
  604  made to the Florida Elections Commission pursuant to paragraph
  605  (c). An officer or member of a committee is shall not be
  606  personally liable for such fine.
  607         (c) Any treasurer of a committee may appeal or dispute the
  608  fine, based upon unusual circumstances surrounding the failure
  609  to file on the designated due date, and may request and is shall
  610  be entitled to a hearing before the Florida Elections
  611  Commission, which may shall have the authority to waive the fine
  612  in whole or in part. Any such request must shall be made within
  613  20 days after receipt of the notice of payment due. In such
  614  case, the treasurer of The committee shall file a copy of the
  615  appeal with, within the 20-day period, notify the filing officer
  616  in writing of his or her intention to bring the matter before
  617  the commission.
  618         (d) The filing officer shall notify the Florida Elections
  619  Commission of the repeated late filing by a committee of
  620  continuous existence, the failure of a committee of continuous
  621  existence to file a report after notice, or the failure to pay
  622  the fine imposed. As used in this paragraph, the term “repeated
  623  late filing” means at least three late filings occurring within
  624  any 2-year period. The commission shall treat notification of
  625  each repeated late filing as a separate violation of this
  626  section.
  627         Section 10. Section 106.07, Florida Statutes, is amended to
  628  read:
  629         106.07 Reports; certification and filing.—
  630         (1) Each campaign treasurer designated by a candidate or
  631  political committee pursuant to s. 106.021 shall file regular
  632  reports of all contributions received, and all expenditures
  633  made, by or on behalf of such candidate or political committee.
  634  Except for the third calendar quarter immediately preceding a
  635  general election, reports shall be filed on the 10th day
  636  following the end of each calendar quarter from the time the
  637  campaign treasurer is appointed, except that, if the 10th day
  638  following the end of a calendar quarter occurs on a Saturday,
  639  Sunday, or legal holiday, the report shall be filed on the next
  640  following day which is not a Saturday, Sunday, or legal holiday.
  641  Quarterly reports shall include all contributions received and
  642  expenditures made during the calendar quarter which have not
  643  otherwise been reported pursuant to this section.
  644         (a) Except as provided in paragraph (b), following the last
  645  day of qualifying for office, the reports shall also be filed on
  646  the 32nd, 18th, and 4th days immediately preceding the primary
  647  and on the 46th, 32nd, 18th, and 4th days immediately preceding
  648  the election, for a candidate who is opposed in seeking
  649  nomination or election to any office, for a political committee,
  650  or for a committee of continuous existence.
  651         (b) Following the last day of qualifying for office, Any
  652  statewide candidate who has requested to receive contributions
  653  pursuant to from the Florida Election Campaign Financing Act
  654  Trust Fund or any statewide candidate in a race with a candidate
  655  who has requested to receive contributions pursuant to from the
  656  act trust fund shall also file reports on the 4th, 11th, 18th,
  657  25th, and 32nd days prior to the primary election, and on the
  658  4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
  659  the general election.
  660         (c) Following the last day of qualifying for office, any
  661  unopposed candidate need only file a report within 90 days after
  662  the date such candidate became unopposed. Such report shall
  663  contain all previously unreported contributions and expenditures
  664  as required by this section and shall reflect disposition of
  665  funds as required by s. 106.141.
  666         (d)1. When a special election is called to fill a vacancy
  667  in office, all political committees and committees of continuous
  668  existence making contributions or expenditures to influence the
  669  results of such special election or the preceding special
  670  primary election shall file campaign treasurers’ reports with
  671  the filing officer on the dates set by the Department of State
  672  pursuant to s. 100.111.
  673         2. When an election is called for an issue to appear on the
  674  ballot at a time when no candidates are scheduled to appear on
  675  the ballot, all political committees making contributions or
  676  expenditures in support of or in opposition to such issue shall
  677  file reports on the 18th and 4th days prior to such election.
  678         (e) The filing officer shall provide each candidate with a
  679  schedule designating the beginning and end of reporting periods
  680  as well as the corresponding designated due dates.
  681         (2)(a)1. All reports required of a candidate by this
  682  section shall be filed with the officer before whom the
  683  candidate is required by law to qualify. All candidates who file
  684  with the Department of State shall file their reports pursuant
  685  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  686  be filed not later than 5 p.m. of the day designated; however,
  687  any report postmarked by the United States Postal Service no
  688  later than midnight of the day designated shall be deemed to
  689  have been filed in a timely manner. Any report received by the
  690  filing officer within 5 days after the designated due date that
  691  was delivered by the United States Postal Service shall be
  692  deemed timely filed unless it has a postmark that indicates that
  693  the report was mailed after the designated due date. A
  694  certificate of mailing obtained from and dated by the United
  695  States Postal Service at the time of mailing, or a receipt from
  696  an established courier company, which bears a date on or before
  697  the date on which the report is due, shall be proof of mailing
  698  in a timely manner. Reports shall contain information of all
  699  previously unreported contributions received and expenditures
  700  made as of the preceding Friday, except that the report filed on
  701  the Friday immediately preceding the election shall contain
  702  information of all previously unreported contributions received
  703  and expenditures made as of the day preceding that designated
  704  due date. All such reports shall be open to public inspection.
  705         2. This subsection does not prohibit the governing body of
  706  a political subdivision, by ordinance or resolution, from
  707  imposing upon its own officers and candidates electronic filing
  708  requirements not in conflict with s. 106.0705. Expenditure of
  709  public funds for such purpose is deemed to be for a valid public
  710  purpose.
  711         (b)1. Any report that which is deemed to be incomplete by
  712  the officer with whom the candidate qualifies shall be accepted
  713  on a conditional basis., and The campaign treasurer shall be
  714  notified by certified registered mail or by another method using
  715  a common carrier that provides a proof of delivery of the notice
  716  as to why the report is incomplete and within 7 be given 3 days
  717  after from receipt of such notice must to file an addendum to
  718  the report providing all information necessary to complete the
  719  report in compliance with this section. Failure to file a
  720  complete report after such notice constitutes a violation of
  721  this chapter.
  722         2. Notice is deemed complete upon proof of delivery of a
  723  written notice to the mailing or street address of the campaign
  724  treasurer or registered agent of record with the filing officer.
  725  In lieu of the notice by registered mail as required in
  726  subparagraph 1., the qualifying officer may notify the campaign
  727  treasurer by telephone that the report is incomplete and request
  728  the information necessary to complete the report. If, however,
  729  such information is not received by the qualifying officer
  730  within 3 days after the telephone request therefor, notice shall
  731  be sent by registered mail as provided in subparagraph 1.
  732         (3)(a) Reports required of a political committee shall be
  733  filed with the agency or officer before whom such committee
  734  registers pursuant to s. 106.03(3) and shall be subject to the
  735  same filing conditions as established for candidates’ reports.
  736  Incomplete reports by political committees shall be treated in
  737  the manner provided for incomplete reports by candidates in
  738  subsection (2).
  739         (b) In addition to the reports required by paragraph (a), a
  740  political committee that is registered with the Department of
  741  State and that makes a contribution or expenditure to influence
  742  the results of a county or municipal election that is not being
  743  held at the same time as a state or federal election must file
  744  campaign finance reports with the county or municipal filing
  745  officer on the same dates as county or municipal candidates or
  746  committees for that election. The political committee must also
  747  include such contribution or expenditure in the next report
  748  filed with the Division of Elections pursuant to this section
  749  following the county or municipal election.
  750         (4)(a) Each report required by this section must shall
  751  contain:
  752         1. The full name, address, and occupation, if any of each
  753  person who has made one or more contributions to or for such
  754  committee or candidate within the reporting period, together
  755  with the amount and date of such contributions. For
  756  corporations, the report must provide as clear a description as
  757  practicable of the principal type of business conducted by the
  758  corporation. However, if the contribution is $100 or less or is
  759  from a relative, as defined in s. 112.312, provided that the
  760  relationship is reported, the occupation of the contributor or
  761  the principal type of business need not be listed.
  762         2. The name and address of each political committee from
  763  which the reporting committee or the candidate received, or to
  764  which the reporting committee or candidate made, any transfer of
  765  funds, together with the amounts and dates of all transfers.
  766         3. Each loan for campaign purposes to or from any person or
  767  political committee within the reporting period, together with
  768  the full names, addresses, and occupations, and principal places
  769  of business, if any, of the lender and endorsers, if any, and
  770  the date and amount of such loans.
  771         4. A statement of each contribution, rebate, refund, or
  772  other receipt not otherwise listed under subparagraphs 1.
  773  through 3.
  774         5. The total sums of all loans, in-kind contributions, and
  775  other receipts by or for such committee or candidate during the
  776  reporting period. The reporting forms shall be designed to
  777  elicit separate totals for in-kind contributions, loans, and
  778  other receipts.
  779         6. The full name and address of each person to whom
  780  expenditures have been made by or on behalf of the committee or
  781  candidate within the reporting period; the amount, date, and
  782  purpose of each such expenditure; and the name and address of,
  783  and office sought by, each candidate on whose behalf such
  784  expenditure was made. However, expenditures made from the petty
  785  cash fund provided by s. 106.12 need not be reported
  786  individually.
  787         7. The full name and address of each person to whom an
  788  expenditure for personal services, salary, or reimbursement for
  789  authorized expenses as provided in s. 106.021(3) has been made
  790  and which is not otherwise reported, including the amount, date,
  791  and purpose of such expenditure. However, expenditures made from
  792  the petty cash fund provided for in s. 106.12 need not be
  793  reported individually.
  794         8. The total amount withdrawn and the total amount spent
  795  for petty cash purposes pursuant to this chapter during the
  796  reporting period.
  797         9. The total sum of expenditures made by such committee or
  798  candidate during the reporting period.
  799         10. The amount and nature of debts and obligations owed by
  800  or to the committee or candidate, which relate to the conduct of
  801  any political campaign.
  802         11. Transaction information for each credit card purchase.
  803  A copy of each credit card statement which shall be included in
  804  the next report following receipt thereof by the candidate or
  805  political committee. Receipts for each credit card purchase
  806  shall be retained by the treasurer with the records for the
  807  campaign account.
  808         12. The amount and nature of any separate interest-bearing
  809  accounts or certificates of deposit and identification of the
  810  financial institution in which such accounts or certificates of
  811  deposit are located.
  812         13. The primary purposes of an expenditure made indirectly
  813  through a campaign treasurer pursuant to s. 106.021(3) for goods
  814  and services such as communications media placement or
  815  procurement services, campaign signs, insurance, and other
  816  expenditures that include multiple components as part of the
  817  expenditure. The primary purpose of an expenditure shall be that
  818  purpose, including integral and directly related components,
  819  that comprises 80 percent of such expenditure.
  820         (b) The filing officer shall make available to any
  821  candidate or committee a reporting form which the candidate or
  822  committee may use to indicate contributions received by the
  823  candidate or committee but returned to the contributor before
  824  deposit.
  825         (5) The candidate and his or her campaign treasurer, in the
  826  case of a candidate, or the political committee chair and
  827  campaign treasurer of the committee, in the case of a political
  828  committee, shall certify as to the correctness of each report;
  829  and each person so certifying shall bear the responsibility for
  830  the accuracy and veracity of each report. Any campaign
  831  treasurer, candidate, or political committee chair who willfully
  832  certifies the correctness of any report while knowing that such
  833  report is incorrect, false, or incomplete commits a misdemeanor
  834  of the first degree, punishable as provided in s. 775.082 or s.
  835  775.083.
  836         (6) The campaign depository shall return all checks drawn
  837  on the account to the campaign treasurer who shall retain the
  838  records pursuant to s. 106.06. The records maintained by the
  839  campaign depository with respect to any campaign account
  840  regulated by this chapter are such account shall be subject to
  841  inspection by an agent of the Division of Elections or the
  842  Florida Elections Commission at any time during normal banking
  843  hours, and such depository shall furnish certified copies of any
  844  of such records to the Division of Elections or Florida
  845  Elections Commission upon request.
  846         (7) Notwithstanding any other provisions of this chapter,
  847  in any reporting period during which a candidate, political
  848  committee, or committee of continuous existence has not received
  849  funds, made any contributions, or expended any reportable funds,
  850  the filing of the required report for that period is waived.
  851  However, the next report filed must specify that the report
  852  covers the entire period between the last submitted report and
  853  the report being filed, and any candidate, political committee,
  854  or committee of continuous existence not reporting by virtue of
  855  this subsection on dates prescribed elsewhere in this chapter
  856  shall notify the filing officer in writing on the prescribed
  857  reporting date that no report is being filed on that date.
  858         (8)(a) Any candidate or political committee failing to file
  859  a report on the designated due date is shall be subject to a
  860  fine as provided in paragraph (b) for each late day, and, in the
  861  case of a candidate, such fine shall be paid only from personal
  862  funds of the candidate. The fine shall be assessed by the filing
  863  officer and the moneys collected shall be deposited:
  864         1. In the General Revenue Fund, in the case of a candidate
  865  for state office or a political committee that registers with
  866  the Division of Elections; or
  867         2. In the general revenue fund of the political
  868  subdivision, in the case of a candidate for an office of a
  869  political subdivision or a political committee that registers
  870  with an officer of a political subdivision.
  871  
  872  No separate fine shall be assessed for failure to file a copy of
  873  any report required by this section.
  874         (b) Upon determining that a report is late, the filing
  875  officer shall immediately notify the candidate or chair of the
  876  political committee as to the failure to file a report by the
  877  designated due date and that a fine is being assessed for each
  878  late day. The fine shall be $50 per day for the first 3 days
  879  late and, thereafter, $500 per day for each late day, not to
  880  exceed 25 percent of the total receipts or expenditures,
  881  whichever is greater, for the period covered by the late report.
  882  However, for the reports immediately preceding each special
  883  primary election, special election, primary election, and
  884  general election, the fine shall be $500 per day for each late
  885  day, not to exceed 25 percent of the total receipts or
  886  expenditures, whichever is greater, for the period covered by
  887  the late report. For reports required under s. 106.141(7), the
  888  fine is $50 per day for each late day, not to exceed 25 percent
  889  of the total receipts or expenditures, whichever is greater, for
  890  the period covered by the late report. Upon receipt of the
  891  report, the filing officer shall determine the amount of the
  892  fine which is due and shall notify the candidate or chair or
  893  registered agent of the political committee. The filing officer
  894  shall determine the amount of the fine due based upon the
  895  earliest of the following:
  896         1. When the report is actually received by such officer.
  897         2. When the report is postmarked.
  898         3. When the certificate of mailing is dated.
  899         4. When the receipt from an established courier company is
  900  dated.
  901         5. When the electronic receipt issued pursuant to s.
  902  106.0705 or other electronic filing system authorized in this
  903  section is dated.
  904  
  905  Such fine shall be paid to the filing officer within 20 days
  906  after receipt of the notice of payment due, unless appeal is
  907  made to the Florida Elections Commission pursuant to paragraph
  908  (c). Notice is deemed complete upon proof of delivery of written
  909  notice to the mailing or street address on record with the
  910  filing officer. In the case of a candidate, such fine shall not
  911  be an allowable campaign expenditure and shall be paid only from
  912  personal funds of the candidate. An officer or member of a
  913  political committee shall not be personally liable for such
  914  fine.
  915         (c) Any candidate or chair of a political committee may
  916  appeal or dispute the fine, based upon, but not limited to,
  917  unusual circumstances surrounding the failure to file on the
  918  designated due date, and may request and shall be entitled to a
  919  hearing before the Florida Elections Commission, which shall
  920  have the authority to waive the fine in whole or in part. The
  921  Florida Elections Commission must consider the mitigating and
  922  aggravating circumstances contained in s. 106.265(1) when
  923  determining the amount of a fine, if any, to be waived. Any such
  924  request shall be made within 20 days after receipt of the notice
  925  of payment due. In such case, the candidate or chair of the
  926  political committee shall, within the 20-day period, notify the
  927  filing officer in writing of his or her intention to bring the
  928  matter before the commission.
  929         (d) The appropriate filing officer shall notify the Florida
  930  Elections Commission of the repeated late filing by a candidate
  931  or political committee, the failure of a candidate or political
  932  committee to file a report after notice, or the failure to pay
  933  the fine imposed. The commission shall investigate only those
  934  alleged late filing violations specifically identified by the
  935  filing officer and as set forth in the notification. Any other
  936  alleged violations must be separately stated and reported by the
  937  division to the commission under s. 106.25(2). As used in this
  938  paragraph, the term “repeated late filing” means at least three
  939  late filings occurring within any 2-year period. The commission
  940  shall treat notification of each repeated late filing as a
  941  separate violation of this section.
  942         (9) The Department of State may prescribe by rule the
  943  requirements for filing campaign treasurers’ reports as set
  944  forth in this chapter.
  945         Section 11. Paragraph (d) of subsection (7) of section
  946  106.0703, Florida Statutes, is amended to read:
  947         106.0703 Electioneering communications organizations;
  948  reporting requirements; certification and filing; penalties.—
  949         (7)
  950         (d) The appropriate filing officer shall notify the Florida
  951  Elections Commission of the repeated late filing by an
  952  electioneering communications organization, the failure of an
  953  electioneering communications organization to file a report
  954  after notice, or the failure to pay the fine imposed. The
  955  commission shall investigate only those alleged late filing
  956  violations specifically identified by the filing officer and as
  957  set forth in the notification. Any other alleged violations must
  958  be stated separately and reported by the division to the
  959  commission under s. 106.25(2). As used in this paragraph, the
  960  term “repeated late filing” means at least three late filings
  961  occurring within any 2-year period. The commission shall treat
  962  notification of each repeated late filing as a separate
  963  violation of this section.
  964         Section 12. Paragraphs (a) and (c) of subsection (2) and
  965  subsections (3) and (7) of section 106.0705, Florida Statutes,
  966  are amended to read:
  967         106.0705 Electronic filing of campaign treasurer’s
  968  reports.—
  969         (2)(a) Each individual candidate who is required to file
  970  reports with the division pursuant to s. 106.07 or s. 106.141
  971  with the division must file such reports with the division by
  972  means of the division’s electronic filing system.
  973         (c) Each person or organization that is required to file
  974  reports with the division under s. 106.071 must file such
  975  reports with the division by means of the division’s electronic
  976  filing system.
  977         (3) Reports filed pursuant to this section shall be
  978  completed and filed through the electronic filing system not
  979  later than midnight of the day designated. Reports not filed by
  980  midnight of the day designated are late filed and are subject to
  981  the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
  982  106.0703(7), or s. 106.29(3), as applicable.
  983         (7) Notwithstanding anything in law to the contrary, any
  984  report required to have been filed under this section for the
  985  period ended March 31, 2005, shall be deemed to have been timely
  986  filed if the report is filed under this section on or before
  987  June 1, 2005.
  988         Section 13. Subsections (3) and (6) of section 106.08,
  989  Florida Statutes, are amended to read:
  990         106.08 Contributions; limitations on.—
  991         (3)(a) Any contribution received by a candidate with
  992  opposition in an election or by the campaign treasurer or a
  993  deputy campaign treasurer of such a candidate on the day of that
  994  election or less than 5 days prior to the day of that election
  995  must be returned by him or her to the person or committee
  996  contributing it and may not be used or expended by or on behalf
  997  of the candidate.
  998         (b) Except as otherwise provided in paragraph (c), any
  999  contribution received by a candidate or by the campaign
 1000  treasurer or a deputy campaign treasurer of a candidate after
 1001  the date at which the candidate withdraws his or her candidacy,
 1002  or after the date the candidate is defeated, becomes unopposed,
 1003  or is elected to office must be returned to the person or
 1004  committee contributing it and may not be used or expended by or
 1005  on behalf of the candidate.
 1006         (c) With respect to any campaign for an office in which an
 1007  independent or minor party candidate has filed as required in s.
 1008  99.0955 or s. 99.096, but whose qualification is pending a
 1009  determination by the Department of State or supervisor of
 1010  elections as to whether or not the required number of petition
 1011  signatures was obtained:
 1012         1. The department or supervisor shall, no later than 3 days
 1013  after that determination has been made, notify in writing all
 1014  other candidates for that office of that determination.
 1015         2. Any contribution received by a candidate or the campaign
 1016  treasurer or deputy campaign treasurer of a candidate after the
 1017  candidate has been notified in writing by the department or
 1018  supervisor that he or she has become unopposed as a result of an
 1019  independent or minor party candidate failing to obtain the
 1020  required number of petition signatures shall be returned to the
 1021  person, political committee, or committee of continuous
 1022  existence contributing it and shall not be used or expended by
 1023  or on behalf of the candidate.
 1024         (6)(a) A political party may not accept any contribution
 1025  that has been specifically designated for the partial or
 1026  exclusive use of a particular candidate. Any contribution so
 1027  designated must be returned to the contributor and may not be
 1028  used or expended by or on behalf of the candidate.
 1029         (b)1. A political party may not accept any in-kind
 1030  contribution that fails to provide a direct benefit to the
 1031  political party. A “direct benefit” includes, but is not limited
 1032  to, fundraising or furthering the objectives of the political
 1033  party.
 1034         2.a. An in-kind contribution to a state political party may
 1035  be accepted only by the chairperson of the state political party
 1036  or by the chairperson’s designee or designees whose names are on
 1037  file with the division in a form acceptable to the division
 1038  prior to the date of the written notice required in sub
 1039  subparagraph b. An in-kind contribution to a county political
 1040  party may be accepted only by the chairperson of the county
 1041  political party or by the county chairperson’s designee or
 1042  designees whose names are on file with the supervisor of
 1043  elections of the respective county prior to the date of the
 1044  written notice required in sub-subparagraph b.
 1045         b. A person making an in-kind contribution to a state
 1046  political party or county political party must provide prior
 1047  written notice of the contribution to a person described in sub
 1048  subparagraph a. The prior written notice must be signed and
 1049  dated and may be provided by an electronic or facsimile message.
 1050  However, prior written notice is not required for an in-kind
 1051  contribution that consists of food and beverage in an aggregate
 1052  amount not exceeding $1,500 which is consumed at a single
 1053  sitting or event if such in-kind contribution is accepted in
 1054  advance by a person specified in sub-subparagraph a.
 1055         c. A person described in sub-subparagraph a. may accept an
 1056  in-kind contribution requiring prior written notice only in a
 1057  writing that is signed and dated before the in-kind contribution
 1058  is made. Failure to obtain the required written acceptance of an
 1059  in-kind contribution to a state or county political party
 1060  constitutes a refusal of the contribution.
 1061         d. A copy of each prior written acceptance required under
 1062  sub-subparagraph c. must be filed with the division at the time
 1063  the regular reports of contributions and expenditures required
 1064  under s. 106.29 are filed by the state executive committee and
 1065  county executive committee. A state executive committee must
 1066  file with the division. A county executive committee must file
 1067  with the county’s supervisor of elections.
 1068         e. An in-kind contribution may not be given to a state or
 1069  county political party unless the in-kind contribution is made
 1070  as provided in this subparagraph.
 1071         Section 14. Section 106.09, Florida Statutes, is amended to
 1072  read:
 1073         106.09 Cash contributions and contribution by cashier’s
 1074  checks.—
 1075         (1)(a) A person may not make an aggregate or accept a cash
 1076  contribution or contribution by means of a cashier’s check to
 1077  the same candidate or committee in excess of $50 per election.
 1078         (b) A person may not accept an aggregate cash contribution
 1079  or contribution by means of a cashier’s check from the same
 1080  contributor in excess of $50 per election.
 1081         (2)(a) Any person who makes or accepts a contribution in
 1082  excess of $50 in violation of subsection (1) this section
 1083  commits a misdemeanor of the first degree, punishable as
 1084  provided in s. 775.082 or s. 775.083.
 1085         (b) Any person who knowingly and willfully makes or accepts
 1086  a contribution in excess of $5,000 in violation of subsection
 1087  (1) this section commits a felony of the third degree,
 1088  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1089         Section 15. Paragraph (b) of subsection (1) and paragraph
 1090  (a) of subsection (2) of section 106.11, Florida Statutes, are
 1091  amended, and subsection (6) is added to that section, to read:
 1092         106.11 Expenses of and expenditures by candidates and
 1093  political committees.—Each candidate and each political
 1094  committee which designates a primary campaign depository
 1095  pursuant to s. 106.021(1) shall make expenditures from funds on
 1096  deposit in such primary campaign depository only in the
 1097  following manner, with the exception of expenditures made from
 1098  petty cash funds provided by s. 106.12:
 1099         (1)
 1100         (b) The checks for such account shall contain, as a
 1101  minimum, the following information:
 1102         1. The statement “Campaign Account of ...(name of candidate
 1103  or political committee)... Campaign Account.”
 1104         2. The account number and the name of the bank.
 1105         3. The exact amount of the expenditure.
 1106         4. The signature of the campaign treasurer or deputy
 1107  treasurer.
 1108         5. The exact purpose for which the expenditure is
 1109  authorized.
 1110         6. The name of the payee.
 1111         (2)(a) For purposes of this section, debit cards are
 1112  considered bank checks, if:
 1113         1. Debit cards are obtained from the same bank that has
 1114  been designated as the candidate’s or political committee’s
 1115  primary campaign depository.
 1116         2. Debit cards are issued in the name of the treasurer,
 1117  deputy treasurer, or authorized user and state “Campaign Account
 1118  of ...(name of candidate or political committee)... Campaign
 1119  Account.”
 1120         3. No more than three debit cards are requested and issued.
 1121         4. Before a debit card is used, a list of all persons
 1122  authorized to use the card is filed with the division.
 1123         5. All debit cards issued to a candidate’s campaign or a
 1124  political committee expire no later than midnight of the last
 1125  day of the month of the general election.
 1126         4.6. The person using the debit card does not receive cash
 1127  as part of, or independent of, any transaction for goods or
 1128  services.
 1129         5.7. All receipts for debit card transactions contain:
 1130         a. The last four digits of the debit card number.
 1131         b. The exact amount of the expenditure.
 1132         c. The name of the payee.
 1133         d. The signature of the campaign treasurer, deputy
 1134  treasurer, or authorized user.
 1135         e. The exact purpose for which the expenditure is
 1136  authorized.
 1137  
 1138  Any information required by this subparagraph but not included
 1139  on the debit card transaction receipt may be handwritten on, or
 1140  attached to, the receipt by the authorized user before
 1141  submission to the treasurer.
 1142         (6) A candidate who makes a loan to his or her campaign and
 1143  reports the loan as required by s. 106.07 may be reimbursed for
 1144  the loan at any time the campaign account has sufficient funds
 1145  to repay the loan and satisfy its other obligations.
 1146         Section 16. Paragraph (b) of subsection (4) of section
 1147  106.141, Florida Statutes, is amended to read:
 1148         106.141 Disposition of surplus funds by candidates.—
 1149         (4)
 1150         (b) Any candidate required to dispose of funds pursuant to
 1151  this section who has received contributions pursuant to from the
 1152  Florida Election Campaign Financing Act Trust Fund shall, after
 1153  all monetary commitments pursuant to s. 106.11(5)(b) and (c)
 1154  have been met, return all surplus campaign funds to the General
 1155  Revenue Election Campaign Financing Trust Fund.
 1156         Section 17. Subsections (1), (2), and (4) of section
 1157  106.143, Florida Statutes, are amended to read:
 1158         106.143 Political advertisements circulated prior to
 1159  election; requirements.—
 1160         (1)(a) Any political advertisement that is paid for by a
 1161  candidate, except a write-in candidate, and that is published,
 1162  displayed, or circulated before, or on the day of, any election
 1163  must prominently state:
 1164         1. “Political advertisement paid for and approved by
 1165  ...(name of candidate)..., ...(party affiliation)..., for
 1166  ...(office sought)...”; or
 1167         2. “Paid by ...(name of candidate)..., ...(party
 1168  affiliation)..., for ...(office sought)....”
 1169         (b) Any political advertisement that is paid for by a
 1170  write-in candidate and that is published, displayed, or
 1171  circulated before, or on the day of, any election must
 1172  prominently state:
 1173         1. “Political advertisement paid for and approved by
 1174  ...(name of candidate)..., write-in candidate, for ...(office
 1175  sought)...”; or
 1176         2. “Paid by ...(name of candidate)..., write-in candidate,
 1177  for ...(office sought)....”
 1178         (c)(b) Any other political advertisement published,
 1179  displayed, or circulated before, or on the day of, any election
 1180  must prominently:
 1181         1. Be marked “paid political advertisement” or with the
 1182  abbreviation “pd. pol. adv.”
 1183         2. State the name and address of the persons sponsoring the
 1184  advertisement.
 1185         3.a.(I) State whether the advertisement and the cost of
 1186  production is paid for or provided in kind by or at the expense
 1187  of the entity publishing, displaying, broadcasting, or
 1188  circulating the political advertisement; or
 1189         (II) State who provided or paid for the advertisement and
 1190  cost of production, if different from the source of sponsorship.
 1191         b. This subparagraph does not apply if the source of the
 1192  sponsorship is patently clear from the content or format of the
 1193  political advertisement.
 1194         (d)(c) Any political advertisement made pursuant to s.
 1195  106.021(3)(d) must be marked “paid political advertisement” or
 1196  with the abbreviation “pd. pol. adv.” and must prominently
 1197  state, “Paid for and sponsored by ...(name of person paying for
 1198  political advertisement).... Approved by ...(names of persons,
 1199  party affiliation, and offices sought in the political
 1200  advertisement)....”
 1201         (2) Any political advertisement of a candidate running for
 1202  partisan office shall express the name of the political party of
 1203  which the candidate is seeking nomination or is the nominee. If
 1204  the candidate for partisan office is running as a candidate with
 1205  no party affiliation, any political advertisement of the
 1206  candidate must state that the candidate has no party
 1207  affiliation. Any political advertisement of a candidate running
 1208  for nonpartisan office may not state the candidate’s political
 1209  party affiliation. A candidate for nonpartisan office is
 1210  prohibited from campaigning based on party affiliation.
 1211         (4)(a) Any political advertisement not paid for by a
 1212  candidate, including those paid for by a political party, other
 1213  than an independent expenditure, offered by or on behalf of a
 1214  candidate must be approved in advance by the candidate. Such
 1215  political advertisement must expressly state that the content of
 1216  the advertisement was approved by the candidate and must state
 1217  who paid for the advertisement. The candidate shall provide a
 1218  written statement of authorization to the newspaper, radio
 1219  station, television station, or other medium for each such
 1220  advertisement submitted for publication, display, broadcast, or
 1221  other distribution.
 1222         (b) Any person who makes an independent expenditure for a
 1223  political advertisement shall provide a written statement that
 1224  no candidate has approved the advertisement to the newspaper,
 1225  radio station, television station, or other medium for each such
 1226  advertisement submitted for publication, display, broadcast, or
 1227  other distribution. The advertisement must also contain a
 1228  statement that no candidate has approved the advertisement.
 1229         (c) This subsection does not apply to campaign messages
 1230  used by a candidate and his or her supporters if those messages
 1231  are designed to be worn by a person.
 1232         Section 18. Subsection (3) of section 106.18, Florida
 1233  Statutes, is amended to read:
 1234         106.18 When a candidate’s name to be omitted from ballot.—
 1235         (3) No certificate of election shall be granted to any
 1236  candidate until all preelection reports required by s. 106.07
 1237  have been filed in accordance with the provisions of such
 1238  section. However, no candidate shall be prevented from receiving
 1239  a certificate of election for failure to file any copy of a
 1240  report required by this chapter.
 1241         Section 19. Subsection (4) is added to section 106.19,
 1242  Florida Statutes, to read:
 1243         106.19 Violations by candidates, persons connected with
 1244  campaigns, and political committees.—
 1245         (4) Except as otherwise expressly stated, the failure by a
 1246  candidate to comply with the requirements of this chapter has no
 1247  effect upon whether the candidate has qualified for the office
 1248  the candidate is seeking.
 1249         Section 20. Subsection (1) and paragraphs (b) and (d) of
 1250  subsection (3) of section 106.29, Florida Statutes, are amended
 1251  to read:
 1252         106.29 Reports by political parties; restrictions on
 1253  contributions and expenditures; penalties.—
 1254         (1) The state executive committee and each county executive
 1255  committee of each political party regulated by chapter 103 shall
 1256  file regular reports of all contributions received and all
 1257  expenditures made by such committee. In addition, when a special
 1258  election is called to fill a vacancy in office, each state
 1259  executive committee and each county executive committee making
 1260  contributions or expenditures to influence the results of the
 1261  special election or the preceding special primary election must
 1262  file campaign treasurers’ reports on the dates set by the
 1263  Department of State pursuant to s. 100.111. Such reports shall
 1264  contain the same information as do reports required of
 1265  candidates by s. 106.07 and shall be filed on the 10th day
 1266  following the end of each calendar quarter, except that, during
 1267  the period from the last day for candidate qualifying until the
 1268  general election, such reports shall be filed on the Friday
 1269  immediately preceding each special primary election, special
 1270  election, both the primary election, and the general election.
 1271  In addition to the reports filed under this section, the state
 1272  executive committee and each county executive committee shall
 1273  file a copy of each prior written acceptance of an in-kind
 1274  contribution given by the committee during the preceding
 1275  calendar quarter as required under s. 106.08(6). Each state
 1276  executive committee shall file the original and one copy of its
 1277  reports with the Division of Elections. Each county executive
 1278  committee shall file its reports with the supervisor of
 1279  elections in the county in which such committee exists. Any
 1280  state or county executive committee failing to file a report on
 1281  the designated due date shall be subject to a fine as provided
 1282  in subsection (3). No separate fine shall be assessed for
 1283  failure to file a copy of any report required by this section.
 1284         (3)
 1285         (b) Upon determining that a report is late, the filing
 1286  officer shall immediately notify the chair of the executive
 1287  committee as to the failure to file a report by the designated
 1288  due date and that a fine is being assessed for each late day.
 1289  The fine shall be $1,000 for a state executive committee, and
 1290  $50 for a county executive committee, per day for each late day,
 1291  not to exceed 25 percent of the total receipts or expenditures,
 1292  whichever is greater, for the period covered by the late report.
 1293  However, if an executive committee fails to file a report on the
 1294  Friday immediately preceding the special election or general
 1295  election, the fine shall be $10,000 per day for each day a state
 1296  executive committee is late and $500 per day for each day a
 1297  county executive committee is late. Upon receipt of the report,
 1298  the filing officer shall determine the amount of the fine which
 1299  is due and shall notify the chair. Notice is deemed complete
 1300  upon proof of delivery of written notice to the mailing or
 1301  street address on record with the filing officer. The filing
 1302  officer shall determine the amount of the fine due based upon
 1303  the earliest of the following:
 1304         1. When the report is actually received by such officer.
 1305         2. When the report is postmarked.
 1306         3. When the certificate of mailing is dated.
 1307         4. When the receipt from an established courier company is
 1308  dated.
 1309         5. When the electronic receipt issued pursuant to s.
 1310  106.0705 is dated.
 1311  
 1312  Such fine shall be paid to the filing officer within 20 days
 1313  after receipt of the notice of payment due, unless appeal is
 1314  made to the Florida Elections Commission pursuant to paragraph
 1315  (c). An officer or member of an executive committee shall not be
 1316  personally liable for such fine.
 1317         (d) The appropriate filing officer shall notify the Florida
 1318  Elections Commission of the repeated late filing by an executive
 1319  committee, the failure of an executive committee to file a
 1320  report after notice, or the failure to pay the fine imposed. As
 1321  used in this paragraph, the term “repeated late filing” means at
 1322  least three late filings occurring within any 2-year period. The
 1323  commission shall treat notification of each repeated late filing
 1324  as a separate violation of this section.
 1325         Section 21. Subsection (5) of section 106.35, Florida
 1326  Statutes, is amended to read:
 1327         106.35 Distribution of funds.—
 1328         (5) The division shall adopt rules providing for the weekly
 1329  reports and certification and distribution of funds pursuant
 1330  thereto required by this section. Such rules shall, at a
 1331  minimum, provide for:
 1332         (a) Specifications for printed campaign treasurer’s reports
 1333  outlining the format for such reports, including size of paper,
 1334  typeface, color of print, and placement of required information
 1335  on the form.
 1336         (b)1. specifications for electronically transmitted
 1337  campaign treasurer’s reports outlining communication parameters
 1338  and protocol, data record formats, and provisions for ensuring
 1339  security of data and transmission.
 1340         2. All electronically transmitted campaign treasurer’s
 1341  reports must also be filed in printed format. Printed format
 1342  shall not include campaign treasurer’s reports submitted by
 1343  electronic facsimile transmission.
 1344         Section 22. This act shall take effect July 1, 2011.