Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7220
       
       
       
       FOR CONSIDERATION By the Committee on Rules Subcommittee on
       Ethics and Elections
       
       
       
       582-02319B-11                                         20117220__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 101.161,
    3         F.S.; specifying a time period to initiate an action
    4         to challenge an amendment to the State Constitution
    5         proposed by the Legislature; requiring the court,
    6         including an appellate court, to accord the case
    7         priority over other cases; requiring the Attorney
    8         General to revise a ballot title or ballot summary for
    9         an amendment proposed by the Legislature under certain
   10         circumstances; requiring the Department of State to
   11         furnish a designating number and the revised ballot
   12         title and substance to the supervisors of elections;
   13         providing that a defect in a ballot title or ballot
   14         summary in an amendment proposed by the Legislature is
   15         not grounds to remove the amendment from the ballot;
   16         amending s. 106.011, F.S.; revising the definition of
   17         the term “independent expenditure”; amending s.
   18         106.022, F.S.; requiring a political committee,
   19         committee of continuous existence, or electioneering
   20         communications organization to file a statement of
   21         appointment with the filing officer rather than with
   22         the Division of Elections; authorizing an entity to
   23         change its appointment of registered agent or
   24         registered office by filing a written statement with
   25         the filing officer; requiring a registered agent who
   26         resigns to execute a written statement of resignation
   27         and file it with the filing officer; amending s.
   28         106.023, F.S.; revising the form of the statement of
   29         candidate to require a candidate to acknowledge that
   30         he or she has been provided access to and understands
   31         the requirements of ch. 106, F.S.; amending s. 106.04,
   32         F.S.; requiring a committee of continuous existence
   33         that makes a contribution or expenditure in connection
   34         with certain county or municipal elections to file
   35         specified reports; subjecting a committee of
   36         continuous existence that fails to file a report or to
   37         timely file a report with the Division of Elections or
   38         a county or municipal filing officer to a fine;
   39         requiring a committee of continuous existence to
   40         include transaction information from credit card
   41         purchases in a report filed with the Division of
   42         Elections; requiring a committee of continuous
   43         existence to report changes in information previously
   44         reported to the Division of Elections within 10 days
   45         after the change; requiring the Division of Elections
   46         to revoke the certification of a committee of
   47         continuous existence that fails to file or report
   48         certain information; requiring the division to adopt
   49         rules to prescribe the manner in which the
   50         certification is revoked; increasing the amount of a
   51         fine to be levied on a committee of continuous
   52         existence that fails to timely file certain reports;
   53         providing for the deposit of the proceeds of the
   54         fines; including the registered agent of a committee
   55         of continuous existence as a person whom the filing
   56         officer may notify that a report has not been filed;
   57         providing criteria for deeming delivery complete of a
   58         notice of fine; requiring a committee of continuous
   59         existence that appeals a fine to file a copy of the
   60         appeal with the filing officer; defining the term
   61         “repeated late filing”; requiring the Elections
   62         Commission to treat the late filings addressed in a
   63         single notice of repeated late filings as a single
   64         violation; amending s. 106.07, F.S.; creating an
   65         exception for reports due in the third calendar
   66         quarter immediately preceding a general election from
   67         a requirement that the campaign treasurer report
   68         contributions received and expenditures made on the
   69         10th day following the end of each calendar quarter;
   70         revising reporting requirements for a statewide
   71         candidate who receives funding under the Florida
   72         Election Campaign Financing Act and candidates in a
   73         race with a candidate who has requested funding under
   74         that act; deleting a requirement for a committee of
   75         continuous existence to file a campaign treasurer’s
   76         report relating to contributions or expenditures to
   77         influence the results of a special election; revising
   78         the methods by which a campaign treasurer may be
   79         notified of the determination that a report is
   80         incomplete to include certified mail and other methods
   81         using a common carrier that provides proof of delivery
   82         of the notice; extending the time the campaign
   83         treasurer has to file an addendum to the report after
   84         receipt of notice of why the report is incomplete;
   85         providing criteria for deeming delivery complete of a
   86         notice of incomplete report; deleting a provision
   87         allowing for notification by telephone of an
   88         incomplete report; requiring political committees that
   89         make a contribution or expenditure in connection with
   90         certain county or municipal elections to file campaign
   91         finance reports with the county or municipal filing
   92         officer and to include its contributions and
   93         expenditures in a report to the Division of Elections;
   94         revising the information that must be included in a
   95         report to include transaction information for credit
   96         card purchases; deleting a requirement for a campaign
   97         depository to return checks drawn on the account to
   98         the campaign treasurer; deleting a provision providing
   99         that the failure to file a copy of a report is not
  100         subject to a separate fine; specifying the amount of a
  101         fine for the failure to timely file reports after a
  102         special primary election or special election;
  103         specifying that the registered agent of a political
  104         committee is a person whom a filing officer may notify
  105         of the amount of the fine for filing a late report;
  106         providing criteria for deeming delivery complete of a
  107         notice of late report and resulting fine; defining the
  108         term “repeated late filing”; requiring the Elections
  109         Commission to treat the late filings addressed in a
  110         single notice of repeated late filings as a single
  111         violation; amending s. 106.0703, F.S.; defining the
  112         term “repeated late filing”; requiring the Elections
  113         Commission to treat the late filings addressed in a
  114         single notice of repeated late filings as a single
  115         violation; amending s. 106.0705, F.S.; requiring
  116         certain individuals to electronically file certain
  117         reports with the Division of Elections; conforming a
  118         cross-reference to changes made by the act; deleting
  119         an obsolete provision; amending s. 106.08, F.S.;
  120         deleting a requirement for the Department of State to
  121         notify candidates as to whether an independent or
  122         minor party candidate has obtained the required number
  123         of petition signatures; deleting a requirement for
  124         certain unopposed candidates to return contributions;
  125         specifying the entities with which a political party’s
  126         state executive committee and county executive
  127         committees must file a written acceptance of an in
  128         kind contribution; amending s. 106.09, F.S.;
  129         specifying that the limitations on contributions by
  130         cash or cashier’s check apply to the aggregate amount
  131         of contributions to a candidate or committee per
  132         election; amending s. 106.11, F.S.; revising the
  133         statement that must be contained on checks from a
  134         campaign account; deleting requirements relating to
  135         the use of debit cards; authorizing a campaign for a
  136         candidate to reimburse the candidate’s loan to the
  137         campaign when the campaign account has sufficient
  138         funds; amending s. 106.141, F.S.; requiring candidates
  139         receiving public financing to return all surplus funds
  140         to the General Revenue Fund after paying certain
  141         monetary obligations and expenses; amending s.
  142         106.143, F.S.; specifying disclosure statements that
  143         must be included in political advertisements paid for
  144         by a write-in candidate; prohibiting the inclusion of
  145         a person’s political affiliation in advertisements for
  146         a nonpartisan office; clarifying the type of political
  147         advertisements that must be approved in advance by a
  148         candidate; deleting an exemption from the requirement
  149         to obtain a candidate’s approval for messages designed
  150         to be worn; amending s. 106.18, F.S.; deleting a
  151         provision providing that a candidate will not be
  152         prevented from receiving a certificate of election for
  153         failing to file a report; amending s. 106.19, F.S.;
  154         providing that a candidate’s failure to comply with
  155         ch. 106, F.S., has no effect on whether the candidate
  156         has qualified for office; amending s. 106.29, F.S.;
  157         requiring state and county executive committees that
  158         make contributions or expenditures to influence the
  159         results of a special election or special primary
  160         election to file campaign treasurer’s reports;
  161         amending campaign finance reporting dates, to conform;
  162         deleting a requirement that each state executive
  163         committee file the original and one copy of its
  164         reports with the Division of Elections; deleting a
  165         provision prohibiting the assessment of a separate
  166         fine for failing to file a copy of a report, to
  167         conform; revising the due date for filing a report;
  168         providing criteria for deeming delivery complete of a
  169         notice of fine; defining the term “repeated late
  170         filing”; requiring the Elections Commission to treat
  171         the late filings addressed in a single notice of
  172         repeated late filings as a single violation; amending
  173         s. 106.35, F.S.; deleting a requirement that the
  174         Division of Election adopt rules relating to the
  175         format and filing of certain printed campaign
  176         treasurer’s reports; providing an effective date.
  177  
  178  Be It Enacted by the Legislature of the State of Florida:
  179  
  180         Section 1. Subsection (2) of section 101.161, Florida
  181  Statutes, is amended to read:
  182         101.161 Referenda; ballots.—
  183         (2)(a) The substance and ballot title of a constitutional
  184  amendment proposed by initiative shall be prepared by the
  185  sponsor and approved by the Secretary of State in accordance
  186  with rules adopted pursuant to s. 120.54. The Department of
  187  State shall give each proposed constitutional amendment a
  188  designating number for convenient reference. This number
  189  designation shall appear on the ballot. Designating numbers
  190  shall be assigned in the order of filing or certification and in
  191  accordance with rules adopted by the Department of State. The
  192  Department of State shall furnish the designating number, the
  193  ballot title, and the substance of each amendment to the
  194  supervisor of elections of each county in which such amendment
  195  is to be voted on.
  196         (b) Any action for a judicial determination that the ballot
  197  title or substance embodied in a joint resolution is inaccurate,
  198  misleading, or otherwise defective must be commenced within 30
  199  days after the joint resolution is filed with the Secretary of
  200  State or at least 150 days before the election at which the
  201  amendment will appear on the ballot, whichever occurs later. The
  202  court, including any appellate court, shall accord the case
  203  priority over other pending cases and render a decision as
  204  expeditiously as possible. If the court determines that the
  205  ballot title or substance embodied in the joint resolution is
  206  defective and further appeals are declined, abandoned, or
  207  exhausted, the Attorney General shall promptly prepare a revised
  208  ballot title and substance that correct the deficiencies
  209  identified by the court, and the Department of State shall
  210  furnish a designating number and the revised ballot title and
  211  substance to the supervisors of elections for placement on the
  212  ballot. A defect in the ballot title or substance embodied in
  213  the joint resolution is not grounds to remove the proposed
  214  amendment from the ballot.
  215         Section 2. Paragraph (b) of subsection (5) of section
  216  106.011, Florida Statutes, is amended to read:
  217         106.011 Definitions.—As used in this chapter, the following
  218  terms have the following meanings unless the context clearly
  219  indicates otherwise:
  220         (5)
  221         (b) An expenditure for the purpose of expressly advocating
  222  the election or defeat of a candidate which is made by the
  223  national, state, or county executive committee of a political
  224  party, including any subordinate committee of a national, state,
  225  or county committee of a political party, or by any political
  226  committee or committee of continuous existence, or any other
  227  person, shall not be considered an independent expenditure if
  228  the committee or person:
  229         1. Communicates with the candidate, the candidate’s
  230  campaign, or an agent of the candidate acting on behalf of the
  231  candidate, including any pollster, media consultant, advertising
  232  agency, vendor, advisor, or staff member, concerning the
  233  preparation of, use of, or payment for, the specific expenditure
  234  or advertising campaign at issue; or
  235         2. Makes a payment in cooperation, consultation, or concert
  236  with, at the request or suggestion of, or pursuant to any
  237  general or particular understanding with the candidate, the
  238  candidate’s campaign, a political committee supporting the
  239  candidate, or an agent of the candidate relating to the specific
  240  expenditure or advertising campaign at issue; or
  241         3. Makes a payment for the dissemination, distribution, or
  242  republication, in whole or in part, of any broadcast or any
  243  written, graphic, or other form of campaign material prepared by
  244  the candidate, the candidate’s campaign, or an agent of the
  245  candidate, including any pollster, media consultant, advertising
  246  agency, vendor, advisor, or staff member; or
  247         4. Makes a payment based on information about the
  248  candidate’s plans, projects, or needs communicated to a member
  249  of the committee or person by the candidate or an agent of the
  250  candidate, provided the committee or person uses the information
  251  in any way, in whole or in part, either directly or indirectly,
  252  to design, prepare, or pay for the specific expenditure or
  253  advertising campaign at issue; or
  254         5. After the last day of the qualifying period prescribed
  255  for the candidate for statewide or legislative office, consults
  256  about the candidate’s plans, projects, or needs in connection
  257  with the candidate’s pursuit of election to office and the
  258  information is used in any way to plan, create, design, or
  259  prepare an independent expenditure or advertising campaign,
  260  with:
  261         a. Any officer, director, employee, or agent of a national,
  262  state, or county executive committee of a political party that
  263  has made or intends to make expenditures in connection with or
  264  contributions to the candidate; or
  265         b. Any person whose professional services have been
  266  retained by a national, state, or county executive committee of
  267  a political party that has made or intends to make expenditures
  268  in connection with or contributions to the candidate; or
  269         6. After the last day of the qualifying period prescribed
  270  for the candidate for statewide or legislative office, retains
  271  the professional services of any person also providing those
  272  services to the candidate in connection with the candidate’s
  273  pursuit of election to office; or
  274         7. Arranges, coordinates, or directs the expenditure, in
  275  any way, with the candidate or an agent of the candidate.
  276         Section 3. Section 106.022, Florida Statutes, is amended to
  277  read:
  278         106.022 Appointment of a registered agent; duties.—
  279         (1) Each political committee, committee of continuous
  280  existence, or electioneering communications organization shall
  281  have and continuously maintain in this state a registered office
  282  and a registered agent and must file with the filing officer
  283  division a statement of appointment for the registered office
  284  and registered agent. The statement of appointment must:
  285         (a) Provide the name of the registered agent and the street
  286  address and phone number for the registered office;
  287         (b) Identify the entity for whom the registered agent
  288  serves;
  289         (c) Designate the address the registered agent wishes to
  290  use to receive mail;
  291         (d) Include the entity’s undertaking to inform the filing
  292  officer division of any change in such designated address;
  293         (e) Provide for the registered agent’s acceptance of the
  294  appointment, which must confirm that the registered agent is
  295  familiar with and accepts the obligations of the position as set
  296  forth in this section; and
  297         (f) Contain the signature of the registered agent and the
  298  entity engaging the registered agent.
  299         (2) An entity may change its appointment of registered
  300  agent and registered office under this section by executing a
  301  written statement of change and filing it with the filing
  302  officer. The statement must satisfy that identifies the former
  303  registered agent and registered address and also satisfies all
  304  of the requirements of subsection (1).
  305         (3) A registered agent may resign his or her appointment as
  306  registered agent by executing a written statement of resignation
  307  and filing it with the filing officer division. An entity
  308  without a registered agent may not make expenditures or accept
  309  contributions until it files a written statement of change as
  310  required in subsection (2).
  311         Section 4. Subsection (1) of section 106.023, Florida
  312  Statutes, is amended to read:
  313         106.023 Statement of candidate.—
  314         (1) Each candidate must file a statement with the
  315  qualifying officer within 10 days after filing the appointment
  316  of campaign treasurer and designation of campaign depository,
  317  stating that the candidate has read and understands the
  318  requirements of this chapter. Such statement shall be provided
  319  by the filing officer and shall be in substantially the
  320  following form:
  321  
  322                       STATEMENT OF CANDIDATE                      
  323  
  324         I, ...., candidate for the office of ...., have been
  325  provided access to received, read, and understand the
  326  requirements of Chapter 106, Florida Statutes.
  327  
  328  ...(Signature of candidate)...                      ...(Date)...
  329  
  330  Willful failure to file this form is a violation of ss.
  331  106.19(1)(c) and 106.25(3), F.S.
  332         Section 5. Subsection (4) of section 106.04, Florida
  333  Statutes, is amended, present subsections (7) and (8) of that
  334  section are amended and renumbered as subsections (8) and (9),
  335  respectively, and a new subsection (7) is added to that section,
  336  to read:
  337         106.04 Committees of continuous existence.—
  338         (4)(a) Each committee of continuous existence shall file an
  339  annual report with the Division of Elections during the month of
  340  January. Such annual reports shall contain the same information
  341  and shall be accompanied by the same materials as original
  342  applications filed pursuant to subsection (2). However, the
  343  charter or bylaws need not be filed if the annual report is
  344  accompanied by a sworn statement by the chair that no changes
  345  have been made to such charter or bylaws since the last filing.
  346         (b)1. Each committee of continuous existence shall file
  347  regular reports with the Division of Elections at the same times
  348  and subject to the same filing conditions as are established by
  349  s. 106.07(1) and (2) for candidates’ reports.
  350         2.A committee of continuous existence that makes a
  351  contribution or an expenditure in connection with a county or
  352  municipal election that is not being held at the same time as a
  353  state or federal election must also file campaign finance
  354  reports with the county or municipal filing officer on the same
  355  dates as county or municipal candidates or committees for that
  356  election. The committee of continuous existence must also
  357  include the contribution or expenditure in the next report filed
  358  with the Division of Elections pursuant to this section
  359  following the county or municipal election.
  360         3.2. Any committee of continuous existence failing to so
  361  file a report with the Division of Elections or applicable
  362  filing officer pursuant to this paragraph on the designated due
  363  date shall be subject to a fine for late filing as provided by
  364  this section.
  365         (c) All committees of continuous existence shall file their
  366  reports with the Division of Elections. Reports shall be filed
  367  in accordance with s. 106.0705 and shall contain the following
  368  information:
  369         1. The full name, address, and occupation of each person
  370  who has made one or more contributions, including contributions
  371  that represent the payment of membership dues, to the committee
  372  during the reporting period, together with the amounts and dates
  373  of such contributions. For corporations, the report must provide
  374  as clear a description as practicable of the principal type of
  375  business conducted by the corporation. However, if the
  376  contribution is $100 or less, the occupation of the contributor
  377  or principal type of business need not be listed. However, for
  378  any contributions that represent the payment of dues by members
  379  in a fixed amount aggregating no more than $250 per calendar
  380  year, pursuant to the schedule on file with the Division of
  381  Elections, only the aggregate amount of such contributions need
  382  be listed, together with the number of members paying such dues
  383  and the amount of the membership dues.
  384         2. The name and address of each political committee or
  385  committee of continuous existence from which the reporting
  386  committee received, or the name and address of each political
  387  committee, committee of continuous existence, or political party
  388  to which it made, any transfer of funds, together with the
  389  amounts and dates of all transfers.
  390         3. Any other receipt of funds not listed pursuant to
  391  subparagraph 1. or subparagraph 2., including the sources and
  392  amounts of all such funds.
  393         4. The name and address of, and office sought by, each
  394  candidate to whom the committee has made a contribution during
  395  the reporting period, together with the amount and date of each
  396  contribution.
  397         5. The full name and address of each person to whom
  398  expenditures have been made by or on behalf of the committee
  399  within the reporting period; the amount, date, and purpose of
  400  each such expenditure; and the name and address, and office
  401  sought by, each candidate on whose behalf such expenditure was
  402  made.
  403         6. The full name and address of each person to whom an
  404  expenditure for personal services, salary, or reimbursement for
  405  authorized expenses has been made, including the full name and
  406  address of each entity to whom the person made payment for which
  407  reimbursement was made by check drawn upon the committee
  408  account, together with the amount and purpose of such payment.
  409         7. Transaction information from each credit card purchase
  410  statement that will be included in the next report following
  411  receipt thereof by the committee. Receipts for each credit card
  412  purchase shall be retained by the treasurer with the records for
  413  the committee account.
  414         8. The total sum of expenditures made by the committee
  415  during the reporting period.
  416         (d) The treasurer of each committee shall certify as to the
  417  correctness of each report and shall bear the responsibility for
  418  its accuracy and veracity. Any treasurer who willfully certifies
  419  to the correctness of a report while knowing that such report is
  420  incorrect, false, or incomplete commits a misdemeanor of the
  421  first degree, punishable as provided in s. 775.082 or s.
  422  775.083.
  423         (7) Any change in information previously submitted to the
  424  division shall be reported within 10 days following the change.
  425         (8)(7) If a committee of continuous existence ceases to
  426  meet the criteria prescribed by subsection (1) or fails to file
  427  a report or information required pursuant to this chapter, the
  428  Division of Elections shall revoke its certification until such
  429  time as the criteria are again met. The Division of Elections
  430  shall adopt promulgate rules to prescribe the manner in which
  431  the such certification of a committee of continuous existence
  432  shall be revoked. Such rules shall, at a minimum, provide for:
  433         (a) Notice, which must shall contain the facts and conduct
  434  that warrant the intended action.
  435         (b) Adequate opportunity to respond.
  436         (c) Appeal of the decision to the Florida Elections
  437  Commission. Such appeals are shall be exempt from the
  438  confidentiality provisions of s. 106.25.
  439         (9)(8)(a) Any committee of continuous existence failing to
  440  file a report on the designated due date is shall be subject to
  441  a fine. The fine shall be $50 per day for the first 3 days late
  442  and, thereafter, $500 per day for each late day, not to exceed
  443  25 percent of the total receipts or expenditures, whichever is
  444  greater, for the period covered by the late report. However, for
  445  the reports immediately preceding each primary and general
  446  election, including a special primary election and a special
  447  general election, the fine shall be $500 per day for each late
  448  day, not to exceed 25 percent of the total receipts or
  449  expenditures, whichever is greater, for the period covered by
  450  the late report. The fine shall be assessed by the filing
  451  officer, and the moneys collected shall be deposited into:
  452         1.In The General Revenue Fund, in the case of fines
  453  collected by the Division of Elections.
  454         2. The general revenue fund of the political subdivision,
  455  in the case of fines collected by a county or municipal filing
  456  officer. No separate fine shall be assessed for failure to file
  457  a copy of any report required by this section.
  458         (b) Upon determining that a report is late, the filing
  459  officer shall immediately notify the treasurer of the committee
  460  or the committee’s registered agent as to the failure to file a
  461  report by the designated due date and that a fine is being
  462  assessed for each late day. Upon receipt of the report, the
  463  filing officer shall determine the amount of fine which is due
  464  and shall notify the treasurer of the committee. Notice is
  465  deemed complete upon proof of delivery of written notice to the
  466  mailing or street address on record with the filing officer. The
  467  filing officer shall determine the amount of the fine due based
  468  upon the earliest of the following:
  469         1. When the report is actually received by such officer.
  470         2. When the report is postmarked.
  471         3. When the certificate of mailing is dated.
  472         4. When the receipt from an established courier company is
  473  dated.
  474  
  475  Such fine shall be paid to the filing officer within 20 days
  476  after receipt of the notice of payment due, unless appeal is
  477  made to the Florida Elections Commission pursuant to paragraph
  478  (c). An officer or member of a committee is shall not be
  479  personally liable for such fine.
  480         (c) Any treasurer of a committee may appeal or dispute the
  481  fine, based upon unusual circumstances surrounding the failure
  482  to file on the designated due date, and may request and is shall
  483  be entitled to a hearing before the Florida Elections
  484  Commission, which may shall have the authority to waive the fine
  485  in whole or in part. Any such request must shall be made within
  486  20 days after receipt of the notice of payment due. In such
  487  case, the treasurer of The committee shall file a copy of the
  488  appeal with, within the 20-day period, notify the filing officer
  489  in writing of his or her intention to bring the matter before
  490  the commission.
  491         (d) The filing officer shall notify the Florida Elections
  492  Commission of the repeated late filing by a committee of
  493  continuous existence, the failure of a committee of continuous
  494  existence to file a report after notice, or the failure to pay
  495  the fine imposed. As used in this paragraph, the term “repeated
  496  late filing” means at least three late filings occurring within
  497  any 2-year period. The commission shall treat notification of
  498  each repeated late filing as a separate violation of this
  499  section.
  500         Section 6. Section 106.07, Florida Statutes, is amended to
  501  read:
  502         106.07 Reports; certification and filing.—
  503         (1) Each campaign treasurer designated by a candidate or
  504  political committee pursuant to s. 106.021 shall file regular
  505  reports of all contributions received, and all expenditures
  506  made, by or on behalf of such candidate or political committee.
  507  Except for the third calendar quarter immediately preceding a
  508  general election, reports shall be filed on the 10th day
  509  following the end of each calendar quarter from the time the
  510  campaign treasurer is appointed, except that, if the 10th day
  511  following the end of a calendar quarter occurs on a Saturday,
  512  Sunday, or legal holiday, the report shall be filed on the next
  513  following day which is not a Saturday, Sunday, or legal holiday.
  514  Quarterly reports shall include all contributions received and
  515  expenditures made during the calendar quarter which have not
  516  otherwise been reported pursuant to this section.
  517         (a) Except as provided in paragraph (b), following the last
  518  day of qualifying for office, the reports shall also be filed on
  519  the 32nd, 18th, and 4th days immediately preceding the primary
  520  and on the 46th, 32nd, 18th, and 4th days immediately preceding
  521  the election, for a candidate who is opposed in seeking
  522  nomination or election to any office, for a political committee,
  523  or for a committee of continuous existence.
  524         (b) Following the last day of qualifying for office, Any
  525  statewide candidate who has requested to receive contributions
  526  pursuant to from the Florida Election Campaign Financing Act
  527  Trust Fund or any statewide candidate in a race with a candidate
  528  who has requested to receive contributions pursuant to from the
  529  act trust fund shall also file reports on the 4th, 11th, 18th,
  530  25th, and 32nd days prior to the primary election, and on the
  531  4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
  532  the general election.
  533         (c) Following the last day of qualifying for office, any
  534  unopposed candidate need only file a report within 90 days after
  535  the date such candidate became unopposed. Such report shall
  536  contain all previously unreported contributions and expenditures
  537  as required by this section and shall reflect disposition of
  538  funds as required by s. 106.141.
  539         (d)1. When a special election is called to fill a vacancy
  540  in office, all political committees and committees of continuous
  541  existence making contributions or expenditures to influence the
  542  results of such special election or the preceding special
  543  primary election shall file campaign treasurers’ reports with
  544  the filing officer on the dates set by the Department of State
  545  pursuant to s. 100.111.
  546         2. When an election is called for an issue to appear on the
  547  ballot at a time when no candidates are scheduled to appear on
  548  the ballot, all political committees making contributions or
  549  expenditures in support of or in opposition to such issue shall
  550  file reports on the 18th and 4th days prior to such election.
  551         (e) The filing officer shall provide each candidate with a
  552  schedule designating the beginning and end of reporting periods
  553  as well as the corresponding designated due dates.
  554         (2)(a)1. All reports required of a candidate by this
  555  section shall be filed with the officer before whom the
  556  candidate is required by law to qualify. All candidates who file
  557  with the Department of State shall file their reports pursuant
  558  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  559  be filed not later than 5 p.m. of the day designated; however,
  560  any report postmarked by the United States Postal Service no
  561  later than midnight of the day designated shall be deemed to
  562  have been filed in a timely manner. Any report received by the
  563  filing officer within 5 days after the designated due date that
  564  was delivered by the United States Postal Service shall be
  565  deemed timely filed unless it has a postmark that indicates that
  566  the report was mailed after the designated due date. A
  567  certificate of mailing obtained from and dated by the United
  568  States Postal Service at the time of mailing, or a receipt from
  569  an established courier company, which bears a date on or before
  570  the date on which the report is due, shall be proof of mailing
  571  in a timely manner. Reports shall contain information of all
  572  previously unreported contributions received and expenditures
  573  made as of the preceding Friday, except that the report filed on
  574  the Friday immediately preceding the election shall contain
  575  information of all previously unreported contributions received
  576  and expenditures made as of the day preceding that designated
  577  due date. All such reports shall be open to public inspection.
  578         2. This subsection does not prohibit the governing body of
  579  a political subdivision, by ordinance or resolution, from
  580  imposing upon its own officers and candidates electronic filing
  581  requirements not in conflict with s. 106.0705. Expenditure of
  582  public funds for such purpose is deemed to be for a valid public
  583  purpose.
  584         (b)1. Any report that which is deemed to be incomplete by
  585  the officer with whom the candidate qualifies shall be accepted
  586  on a conditional basis., and The campaign treasurer shall be
  587  notified by certified registered mail or by another method using
  588  a common carrier that provides a proof of delivery of the notice
  589  as to why the report is incomplete and within 7 be given 3 days
  590  after from receipt of such notice must to file an addendum to
  591  the report providing all information necessary to complete the
  592  report in compliance with this section. Failure to file a
  593  complete report after such notice constitutes a violation of
  594  this chapter.
  595         2. Notice is deemed complete upon proof of delivery of a
  596  written notice to the mailing or street address of the campaign
  597  treasurer or registered agent of record with the filing officer.
  598  In lieu of the notice by registered mail as required in
  599  subparagraph 1., the qualifying officer may notify the campaign
  600  treasurer by telephone that the report is incomplete and request
  601  the information necessary to complete the report. If, however,
  602  such information is not received by the qualifying officer
  603  within 3 days after the telephone request therefor, notice shall
  604  be sent by registered mail as provided in subparagraph 1.
  605         (3)(a) Reports required of a political committee shall be
  606  filed with the agency or officer before whom such committee
  607  registers pursuant to s. 106.03(3) and shall be subject to the
  608  same filing conditions as established for candidates’ reports.
  609  Incomplete reports by political committees shall be treated in
  610  the manner provided for incomplete reports by candidates in
  611  subsection (2).
  612         (b) In addition to the reports required by paragraph (a), a
  613  political committee that is registered with the Department of
  614  State and that makes a contribution or expenditure in connection
  615  with a county or municipal election that is not being held at
  616  the same time as a state or federal election must file campaign
  617  finance reports with the county or municipal filing officer on
  618  the same dates as county or municipal candidates or committees
  619  for that election. The political committee must also include
  620  such contribution or expenditure in the next report filed with
  621  the Division of Elections pursuant to this section following the
  622  county or municipal election.
  623         (4)(a) Each report required by this section must shall
  624  contain:
  625         1. The full name, address, and occupation, if any of each
  626  person who has made one or more contributions to or for such
  627  committee or candidate within the reporting period, together
  628  with the amount and date of such contributions. For
  629  corporations, the report must provide as clear a description as
  630  practicable of the principal type of business conducted by the
  631  corporation. However, if the contribution is $100 or less or is
  632  from a relative, as defined in s. 112.312, provided that the
  633  relationship is reported, the occupation of the contributor or
  634  the principal type of business need not be listed.
  635         2. The name and address of each political committee from
  636  which the reporting committee or the candidate received, or to
  637  which the reporting committee or candidate made, any transfer of
  638  funds, together with the amounts and dates of all transfers.
  639         3. Each loan for campaign purposes to or from any person or
  640  political committee within the reporting period, together with
  641  the full names, addresses, and occupations, and principal places
  642  of business, if any, of the lender and endorsers, if any, and
  643  the date and amount of such loans.
  644         4. A statement of each contribution, rebate, refund, or
  645  other receipt not otherwise listed under subparagraphs 1.
  646  through 3.
  647         5. The total sums of all loans, in-kind contributions, and
  648  other receipts by or for such committee or candidate during the
  649  reporting period. The reporting forms shall be designed to
  650  elicit separate totals for in-kind contributions, loans, and
  651  other receipts.
  652         6. The full name and address of each person to whom
  653  expenditures have been made by or on behalf of the committee or
  654  candidate within the reporting period; the amount, date, and
  655  purpose of each such expenditure; and the name and address of,
  656  and office sought by, each candidate on whose behalf such
  657  expenditure was made. However, expenditures made from the petty
  658  cash fund provided by s. 106.12 need not be reported
  659  individually.
  660         7. The full name and address of each person to whom an
  661  expenditure for personal services, salary, or reimbursement for
  662  authorized expenses as provided in s. 106.021(3) has been made
  663  and which is not otherwise reported, including the amount, date,
  664  and purpose of such expenditure. However, expenditures made from
  665  the petty cash fund provided for in s. 106.12 need not be
  666  reported individually.
  667         8. The total amount withdrawn and the total amount spent
  668  for petty cash purposes pursuant to this chapter during the
  669  reporting period.
  670         9. The total sum of expenditures made by such committee or
  671  candidate during the reporting period.
  672         10. The amount and nature of debts and obligations owed by
  673  or to the committee or candidate, which relate to the conduct of
  674  any political campaign.
  675         11. Transaction information for each credit card purchase.
  676  A copy of each credit card statement which shall be included in
  677  the next report following receipt thereof by the candidate or
  678  political committee. Receipts for each credit card purchase
  679  shall be retained by the treasurer with the records for the
  680  campaign account.
  681         12. The amount and nature of any separate interest-bearing
  682  accounts or certificates of deposit and identification of the
  683  financial institution in which such accounts or certificates of
  684  deposit are located.
  685         13. The primary purposes of an expenditure made indirectly
  686  through a campaign treasurer pursuant to s. 106.021(3) for goods
  687  and services such as communications media placement or
  688  procurement services, campaign signs, insurance, and other
  689  expenditures that include multiple components as part of the
  690  expenditure. The primary purpose of an expenditure shall be that
  691  purpose, including integral and directly related components,
  692  that comprises 80 percent of such expenditure.
  693         (b) The filing officer shall make available to any
  694  candidate or committee a reporting form which the candidate or
  695  committee may use to indicate contributions received by the
  696  candidate or committee but returned to the contributor before
  697  deposit.
  698         (5) The candidate and his or her campaign treasurer, in the
  699  case of a candidate, or the political committee chair and
  700  campaign treasurer of the committee, in the case of a political
  701  committee, shall certify as to the correctness of each report;
  702  and each person so certifying shall bear the responsibility for
  703  the accuracy and veracity of each report. Any campaign
  704  treasurer, candidate, or political committee chair who willfully
  705  certifies the correctness of any report while knowing that such
  706  report is incorrect, false, or incomplete commits a misdemeanor
  707  of the first degree, punishable as provided in s. 775.082 or s.
  708  775.083.
  709         (6) The campaign depository shall return all checks drawn
  710  on the account to the campaign treasurer who shall retain the
  711  records pursuant to s. 106.06. The records maintained by the
  712  campaign depository with respect to any campaign account
  713  regulated by this chapter are such account shall be subject to
  714  inspection by an agent of the Division of Elections or the
  715  Florida Elections Commission at any time during normal banking
  716  hours, and such depository shall furnish certified copies of any
  717  of such records to the Division of Elections or Florida
  718  Elections Commission upon request.
  719         (7) Notwithstanding any other provisions of this chapter,
  720  in any reporting period during which a candidate, political
  721  committee, or committee of continuous existence has not received
  722  funds, made any contributions, or expended any reportable funds,
  723  the filing of the required report for that period is waived.
  724  However, the next report filed must specify that the report
  725  covers the entire period between the last submitted report and
  726  the report being filed, and any candidate, political committee,
  727  or committee of continuous existence not reporting by virtue of
  728  this subsection on dates prescribed elsewhere in this chapter
  729  shall notify the filing officer in writing on the prescribed
  730  reporting date that no report is being filed on that date.
  731         (8)(a) Any candidate or political committee failing to file
  732  a report on the designated due date is shall be subject to a
  733  fine as provided in paragraph (b) for each late day, and, in the
  734  case of a candidate, such fine shall be paid only from personal
  735  funds of the candidate. The fine shall be assessed by the filing
  736  officer and the moneys collected shall be deposited:
  737         1. In the General Revenue Fund, in the case of a candidate
  738  for state office or a political committee that registers with
  739  the Division of Elections; or
  740         2. In the general revenue fund of the political
  741  subdivision, in the case of a candidate for an office of a
  742  political subdivision or a political committee that registers
  743  with an officer of a political subdivision.
  744  
  745  No separate fine shall be assessed for failure to file a copy of
  746  any report required by this section.
  747         (b) Upon determining that a report is late, the filing
  748  officer shall immediately notify the candidate or chair of the
  749  political committee as to the failure to file a report by the
  750  designated due date and that a fine is being assessed for each
  751  late day. The fine shall be $50 per day for the first 3 days
  752  late and, thereafter, $500 per day for each late day, not to
  753  exceed 25 percent of the total receipts or expenditures,
  754  whichever is greater, for the period covered by the late report.
  755  However, for the reports immediately preceding each special
  756  primary election, special election, primary election, and
  757  general election, the fine shall be $500 per day for each late
  758  day, not to exceed 25 percent of the total receipts or
  759  expenditures, whichever is greater, for the period covered by
  760  the late report. For reports required under s. 106.141(7), the
  761  fine is $50 per day for each late day, not to exceed 25 percent
  762  of the total receipts or expenditures, whichever is greater, for
  763  the period covered by the late report. Upon receipt of the
  764  report, the filing officer shall determine the amount of the
  765  fine which is due and shall notify the candidate or chair or
  766  registered agent of the political committee. The filing officer
  767  shall determine the amount of the fine due based upon the
  768  earliest of the following:
  769         1. When the report is actually received by such officer.
  770         2. When the report is postmarked.
  771         3. When the certificate of mailing is dated.
  772         4. When the receipt from an established courier company is
  773  dated.
  774         5. When the electronic receipt issued pursuant to s.
  775  106.0705 or other electronic filing system authorized in this
  776  section is dated.
  777  
  778  Such fine shall be paid to the filing officer within 20 days
  779  after receipt of the notice of payment due, unless appeal is
  780  made to the Florida Elections Commission pursuant to paragraph
  781  (c). Notice is deemed complete upon proof of delivery of written
  782  notice to the mailing or street address of record with the
  783  filing officer. In the case of a candidate, such fine shall not
  784  be an allowable campaign expenditure and shall be paid only from
  785  personal funds of the candidate. An officer or member of a
  786  political committee shall not be personally liable for such
  787  fine.
  788         (c) Any candidate or chair of a political committee may
  789  appeal or dispute the fine, based upon, but not limited to,
  790  unusual circumstances surrounding the failure to file on the
  791  designated due date, and may request and shall be entitled to a
  792  hearing before the Florida Elections Commission, which shall
  793  have the authority to waive the fine in whole or in part. The
  794  Florida Elections Commission must consider the mitigating and
  795  aggravating circumstances contained in s. 106.265(1) when
  796  determining the amount of a fine, if any, to be waived. Any such
  797  request shall be made within 20 days after receipt of the notice
  798  of payment due. In such case, the candidate or chair of the
  799  political committee shall, within the 20-day period, notify the
  800  filing officer in writing of his or her intention to bring the
  801  matter before the commission.
  802         (d) The appropriate filing officer shall notify the Florida
  803  Elections Commission of the repeated late filing by a candidate
  804  or political committee, the failure of a candidate or political
  805  committee to file a report after notice, or the failure to pay
  806  the fine imposed. The commission shall investigate only those
  807  alleged late filing violations specifically identified by the
  808  filing officer and as set forth in the notification. Any other
  809  alleged violations must be separately stated and reported by the
  810  division to the commission under s. 106.25(2). As used in this
  811  paragraph, the term “repeated late filing” means at least three
  812  late filings occurring within any 2-year period. The commission
  813  shall treat notification of each repeated late filing as a
  814  separate violation of this section.
  815         (9) The Department of State may prescribe by rule the
  816  requirements for filing campaign treasurers’ reports as set
  817  forth in this chapter.
  818         Section 7. Paragraph (d) of subsection (7) of section
  819  106.0703, Florida Statutes, is amended to read:
  820         106.0703 Electioneering communications organizations;
  821  reporting requirements; certification and filing; penalties.—
  822         (7)
  823         (d) The appropriate filing officer shall notify the Florida
  824  Elections Commission of the repeated late filing by an
  825  electioneering communications organization, the failure of an
  826  electioneering communications organization to file a report
  827  after notice, or the failure to pay the fine imposed. The
  828  commission shall investigate only those alleged late filing
  829  violations specifically identified by the filing officer and as
  830  set forth in the notification. Any other alleged violations must
  831  be stated separately and reported by the division to the
  832  commission under s. 106.25(2). As used in this paragraph, the
  833  term “repeated late filing” means at least three late filings
  834  occurring within any 2-year period. The commission shall treat
  835  notification of each repeated late filing as a separate
  836  violation of this section.
  837         Section 8. Paragraphs (a) and (c) of subsection (2) and
  838  subsections (3) and (7) of section 106.0705, Florida Statutes,
  839  are amended to read:
  840         106.0705 Electronic filing of campaign treasurer’s
  841  reports.—
  842         (2)(a) Each individual candidate who is required to file
  843  reports with the division pursuant to s. 106.07 or s. 106.141
  844  with the division must file such reports with the division by
  845  means of the division’s electronic filing system.
  846         (c) Each person or organization that is required to file
  847  reports with the division under s. 106.071 must file such
  848  reports with the division by means of the division’s electronic
  849  filing system.
  850         (3) Reports filed pursuant to this section shall be
  851  completed and filed through the electronic filing system not
  852  later than midnight of the day designated. Reports not filed by
  853  midnight of the day designated are late filed and are subject to
  854  the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
  855  106.0703(7), or s. 106.29(3), as applicable.
  856         (7) Notwithstanding anything in law to the contrary, any
  857  report required to have been filed under this section for the
  858  period ended March 31, 2005, shall be deemed to have been timely
  859  filed if the report is filed under this section on or before
  860  June 1, 2005.
  861         Section 9. Subsections (3) and (6) of section 106.08,
  862  Florida Statutes, are amended to read:
  863         106.08 Contributions; limitations on.—
  864         (3)(a) Any contribution received by a candidate with
  865  opposition in an election or by the campaign treasurer or a
  866  deputy campaign treasurer of such a candidate on the day of that
  867  election or less than 5 days prior to the day of that election
  868  must be returned by him or her to the person or committee
  869  contributing it and may not be used or expended by or on behalf
  870  of the candidate.
  871         (b) Except as otherwise provided in paragraph (c), any
  872  contribution received by a candidate or by the campaign
  873  treasurer or a deputy campaign treasurer of a candidate after
  874  the date at which the candidate withdraws his or her candidacy,
  875  or after the date the candidate is defeated, becomes unopposed,
  876  or is elected to office must be returned to the person or
  877  committee contributing it and may not be used or expended by or
  878  on behalf of the candidate.
  879         (c) With respect to any campaign for an office in which an
  880  independent or minor party candidate has filed as required in s.
  881  99.0955 or s. 99.096, but whose qualification is pending a
  882  determination by the Department of State or supervisor of
  883  elections as to whether or not the required number of petition
  884  signatures was obtained:
  885         1. The department or supervisor shall, no later than 3 days
  886  after that determination has been made, notify in writing all
  887  other candidates for that office of that determination.
  888         2. Any contribution received by a candidate or the campaign
  889  treasurer or deputy campaign treasurer of a candidate after the
  890  candidate has been notified in writing by the department or
  891  supervisor that he or she has become unopposed as a result of an
  892  independent or minor party candidate failing to obtain the
  893  required number of petition signatures shall be returned to the
  894  person, political committee, or committee of continuous
  895  existence contributing it and shall not be used or expended by
  896  or on behalf of the candidate.
  897         (6)(a) A political party may not accept any contribution
  898  that has been specifically designated for the partial or
  899  exclusive use of a particular candidate. Any contribution so
  900  designated must be returned to the contributor and may not be
  901  used or expended by or on behalf of the candidate.
  902         (b)1. A political party may not accept any in-kind
  903  contribution that fails to provide a direct benefit to the
  904  political party. A “direct benefit” includes, but is not limited
  905  to, fundraising or furthering the objectives of the political
  906  party.
  907         2.a. An in-kind contribution to a state political party may
  908  be accepted only by the chairperson of the state political party
  909  or by the chairperson’s designee or designees whose names are on
  910  file with the division in a form acceptable to the division
  911  prior to the date of the written notice required in sub
  912  subparagraph b. An in-kind contribution to a county political
  913  party may be accepted only by the chairperson of the county
  914  political party or by the county chairperson’s designee or
  915  designees whose names are on file with the supervisor of
  916  elections of the respective county prior to the date of the
  917  written notice required in sub-subparagraph b.
  918         b. A person making an in-kind contribution to a state
  919  political party or county political party must provide prior
  920  written notice of the contribution to a person described in sub
  921  subparagraph a. The prior written notice must be signed and
  922  dated and may be provided by an electronic or facsimile message.
  923  However, prior written notice is not required for an in-kind
  924  contribution that consists of food and beverage in an aggregate
  925  amount not exceeding $1,500 which is consumed at a single
  926  sitting or event if such in-kind contribution is accepted in
  927  advance by a person specified in sub-subparagraph a.
  928         c. A person described in sub-subparagraph a. may accept an
  929  in-kind contribution requiring prior written notice only in a
  930  writing that is signed and dated before the in-kind contribution
  931  is made. Failure to obtain the required written acceptance of an
  932  in-kind contribution to a state or county political party
  933  constitutes a refusal of the contribution.
  934         d. A copy of each prior written acceptance required under
  935  sub-subparagraph c. must be filed with the division at the time
  936  the regular reports of contributions and expenditures required
  937  under s. 106.29 are filed by the state executive committee and
  938  county executive committee. A state executive committee must
  939  file with the division. A county executive committee must file
  940  with the county’s supervisor of elections.
  941         e. An in-kind contribution may not be given to a state or
  942  county political party unless the in-kind contribution is made
  943  as provided in this subparagraph.
  944         Section 10. Section 106.09, Florida Statutes, is amended to
  945  read:
  946         106.09 Cash contributions and contribution by cashier’s
  947  checks.—
  948         (1)(a) A person may not make an aggregate or accept a cash
  949  contribution or contribution by means of a cashier’s check to
  950  the same candidate or committee in excess of $50 per election.
  951         (b) A person may not accept an aggregate cash contribution
  952  or contribution by means of a cashier’s check from the same
  953  contributor in excess of $50 per election.
  954         (2)(a) Any person who makes or accepts a contribution in
  955  excess of $50 in violation of subsection (1) this section
  956  commits a misdemeanor of the first degree, punishable as
  957  provided in s. 775.082 or s. 775.083.
  958         (b) Any person who knowingly and willfully makes or accepts
  959  a contribution in excess of $5,000 in violation of subsection
  960  (1) this section commits a felony of the third degree,
  961  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  962         Section 11. Paragraph (b) of subsection (1) and paragraph
  963  (a) of subsection (2) of section 106.11, Florida Statutes, are
  964  amended, and subsection (6) is added to that section, to read:
  965         106.11 Expenses of and expenditures by candidates and
  966  political committees.—Each candidate and each political
  967  committee which designates a primary campaign depository
  968  pursuant to s. 106.021(1) shall make expenditures from funds on
  969  deposit in such primary campaign depository only in the
  970  following manner, with the exception of expenditures made from
  971  petty cash funds provided by s. 106.12:
  972         (1)
  973         (b) The checks for such account shall contain, as a
  974  minimum, the following information:
  975         1. The statement “Campaign Account of ...(name of candidate
  976  or political committee)... Campaign Account.”
  977         2. The account number and the name of the bank.
  978         3. The exact amount of the expenditure.
  979         4. The signature of the campaign treasurer or deputy
  980  treasurer.
  981         5. The exact purpose for which the expenditure is
  982  authorized.
  983         6. The name of the payee.
  984         (2)(a) For purposes of this section, debit cards are
  985  considered bank checks, if:
  986         1. Debit cards are obtained from the same bank that has
  987  been designated as the candidate’s or political committee’s
  988  primary campaign depository.
  989         2. Debit cards are issued in the name of the treasurer,
  990  deputy treasurer, or authorized user and state “Campaign Account
  991  of ...(name of candidate or political committee)... Campaign
  992  Account.”
  993         3. No more than three debit cards are requested and issued.
  994         4. Before a debit card is used, a list of all persons
  995  authorized to use the card is filed with the division.
  996         5. All debit cards issued to a candidate’s campaign or a
  997  political committee expire no later than midnight of the last
  998  day of the month of the general election.
  999         4.6. The person using the debit card does not receive cash
 1000  as part of, or independent of, any transaction for goods or
 1001  services.
 1002         5.7. All receipts for debit card transactions contain:
 1003         a. The last four digits of the debit card number.
 1004         b. The exact amount of the expenditure.
 1005         c. The name of the payee.
 1006         d. The signature of the campaign treasurer, deputy
 1007  treasurer, or authorized user.
 1008         e. The exact purpose for which the expenditure is
 1009  authorized.
 1010  
 1011  Any information required by this subparagraph but not included
 1012  on the debit card transaction receipt may be handwritten on, or
 1013  attached to, the receipt by the authorized user before
 1014  submission to the treasurer.
 1015         (6) A candidate who makes a loan to his or her campaign and
 1016  reports the loan as required by s. 106.07 may be reimbursed for
 1017  the loan at any time the campaign account has sufficient funds
 1018  to repay the loan and satisfy its other obligations.
 1019         Section 12. Paragraph (b) of subsection (4) of section
 1020  106.141, Florida Statutes, is amended to read:
 1021         106.141 Disposition of surplus funds by candidates.—
 1022         (4)
 1023         (b) Any candidate required to dispose of funds pursuant to
 1024  this section who has received contributions pursuant to from the
 1025  Florida Election Campaign Financing Act Trust Fund shall, after
 1026  all monetary commitments pursuant to s. 106.11(5)(b) and (c)
 1027  have been met, return all surplus campaign funds to the General
 1028  Revenue Election Campaign Financing Trust Fund.
 1029         Section 13. Subsections (1), (2), and (4) of section
 1030  106.143, Florida Statutes, are amended to read:
 1031         106.143 Political advertisements circulated prior to
 1032  election; requirements.—
 1033         (1)(a) Any political advertisement that is paid for by a
 1034  candidate, except a write-in candidate, and that is published,
 1035  displayed, or circulated before, or on the day of, any election
 1036  must prominently state:
 1037         1. “Political advertisement paid for and approved by
 1038  ...(name of candidate)..., ...(party affiliation)..., for
 1039  ...(office sought)...”; or
 1040         2. “Paid by ...(name of candidate)..., ...(party
 1041  affiliation)..., for ...(office sought)....”
 1042         (b) Any political advertisement that is paid for by a
 1043  write-in candidate and that is published, displayed, or
 1044  circulated before, or on the day of, any election must
 1045  prominently state:
 1046         1. “Political advertisement paid for and approved by
 1047  ...(name of candidate)..., write-in candidate, for ...(office
 1048  sought)...”; or
 1049         2. “Paid by ...(name of candidate)..., write-in candidate,
 1050  for ...(office sought)....”
 1051         (c)(b) Any other political advertisement published,
 1052  displayed, or circulated before, or on the day of, any election
 1053  must prominently:
 1054         1. Be marked “paid political advertisement” or with the
 1055  abbreviation “pd. pol. adv.”
 1056         2. State the name and address of the persons sponsoring the
 1057  advertisement.
 1058         3.a.(I) State whether the advertisement and the cost of
 1059  production is paid for or provided in kind by or at the expense
 1060  of the entity publishing, displaying, broadcasting, or
 1061  circulating the political advertisement; or
 1062         (II) State who provided or paid for the advertisement and
 1063  cost of production, if different from the source of sponsorship.
 1064         b. This subparagraph does not apply if the source of the
 1065  sponsorship is patently clear from the content or format of the
 1066  political advertisement.
 1067         (d)(c) Any political advertisement made pursuant to s.
 1068  106.021(3)(d) must be marked “paid political advertisement” or
 1069  with the abbreviation “pd. pol. adv.” and must prominently
 1070  state, “Paid for and sponsored by ...(name of person paying for
 1071  political advertisement).... Approved by ...(names of persons,
 1072  party affiliation, and offices sought in the political
 1073  advertisement)....”
 1074         (2) Any political advertisement of a candidate running for
 1075  partisan office shall express the name of the political party of
 1076  which the candidate is seeking nomination or is the nominee. If
 1077  the candidate for partisan office is running as a candidate with
 1078  no party affiliation, any political advertisement of the
 1079  candidate must state that the candidate has no party
 1080  affiliation. Any political advertisement of a candidate running
 1081  for nonpartisan office may not state the candidate’s political
 1082  party affiliation. A candidate for nonpartisan office is
 1083  prohibited from campaigning based on party affiliation.
 1084         (4)(a) Any political advertisement not paid for by a
 1085  candidate, including those paid for by a political party, other
 1086  than an independent expenditure, offered by or on behalf of a
 1087  candidate must be approved in advance by the candidate. Such
 1088  political advertisement must expressly state that the content of
 1089  the advertisement was approved by the candidate and must state
 1090  who paid for the advertisement. The candidate shall provide a
 1091  written statement of authorization to the newspaper, radio
 1092  station, television station, or other medium for each such
 1093  advertisement submitted for publication, display, broadcast, or
 1094  other distribution.
 1095         (b) Any person who makes an independent expenditure for a
 1096  political advertisement shall provide a written statement that
 1097  no candidate has approved the advertisement to the newspaper,
 1098  radio station, television station, or other medium for each such
 1099  advertisement submitted for publication, display, broadcast, or
 1100  other distribution. The advertisement must also contain a
 1101  statement that no candidate has approved the advertisement.
 1102         (c) This subsection does not apply to campaign messages
 1103  used by a candidate and his or her supporters if those messages
 1104  are designed to be worn by a person.
 1105         Section 14. Subsection (3) of section 106.18, Florida
 1106  Statutes, is amended to read:
 1107         106.18 When a candidate’s name to be omitted from ballot.—
 1108         (3) No certificate of election shall be granted to any
 1109  candidate until all preelection reports required by s. 106.07
 1110  have been filed in accordance with the provisions of such
 1111  section. However, no candidate shall be prevented from receiving
 1112  a certificate of election for failure to file any copy of a
 1113  report required by this chapter.
 1114         Section 15. Subsection (4) is added to section 106.19,
 1115  Florida Statutes, to read:
 1116         106.19 Violations by candidates, persons connected with
 1117  campaigns, and political committees.—
 1118         (4) Except as otherwise expressly stated, the failure by a
 1119  candidate to comply with the requirements of this chapter has no
 1120  effect upon whether the candidate has qualified for the office
 1121  the candidate is seeking.
 1122         Section 16. Subsection (1) and paragraphs (b) and (d) of
 1123  subsection (3) of section 106.29, Florida Statutes, are amended
 1124  to read:
 1125         106.29 Reports by political parties; restrictions on
 1126  contributions and expenditures; penalties.—
 1127         (1) The state executive committee and each county executive
 1128  committee of each political party regulated by chapter 103 shall
 1129  file regular reports of all contributions received and all
 1130  expenditures made by such committee. In addition, when a special
 1131  election is called to fill a vacancy in office, each state
 1132  executive committee and each county executive committee making
 1133  contributions or expenditures to influence the results of the
 1134  special election or the preceding special primary election must
 1135  file campaign treasurers’ reports on the dates set by the
 1136  Department of State pursuant to s. 100.111. Such reports shall
 1137  contain the same information as do reports required of
 1138  candidates by s. 106.07 and shall be filed on the 10th day
 1139  following the end of each calendar quarter, except that, during
 1140  the period from the last day for candidate qualifying until the
 1141  general election, such reports shall be filed on the Friday
 1142  immediately preceding each special primary election, special
 1143  election, both the primary election, and the general election.
 1144  In addition to the reports filed under this section, the state
 1145  executive committee and each county executive committee shall
 1146  file a copy of each prior written acceptance of an in-kind
 1147  contribution given by the committee during the preceding
 1148  calendar quarter as required under s. 106.08(6). Each state
 1149  executive committee shall file the original and one copy of its
 1150  reports with the Division of Elections. Each county executive
 1151  committee shall file its reports with the supervisor of
 1152  elections in the county in which such committee exists. Any
 1153  state or county executive committee failing to file a report on
 1154  the designated due date shall be subject to a fine as provided
 1155  in subsection (3). No separate fine shall be assessed for
 1156  failure to file a copy of any report required by this section.
 1157         (3)
 1158         (b) Upon determining that a report is late, the filing
 1159  officer shall immediately notify the chair of the executive
 1160  committee as to the failure to file a report by the designated
 1161  due date and that a fine is being assessed for each late day.
 1162  The fine shall be $1,000 for a state executive committee, and
 1163  $50 for a county executive committee, per day for each late day,
 1164  not to exceed 25 percent of the total receipts or expenditures,
 1165  whichever is greater, for the period covered by the late report.
 1166  However, if an executive committee fails to file a report on the
 1167  Friday immediately preceding the special election or general
 1168  election, the fine shall be $10,000 per day for each day a state
 1169  executive committee is late and $500 per day for each day a
 1170  county executive committee is late. Upon receipt of the report,
 1171  the filing officer shall determine the amount of the fine which
 1172  is due and shall notify the chair. Notice is deemed complete
 1173  upon proof of delivery of written notice to the mailing or
 1174  street address of record with the filing officer. The filing
 1175  officer shall determine the amount of the fine due based upon
 1176  the earliest of the following:
 1177         1. When the report is actually received by such officer.
 1178         2. When the report is postmarked.
 1179         3. When the certificate of mailing is dated.
 1180         4. When the receipt from an established courier company is
 1181  dated.
 1182         5. When the electronic receipt issued pursuant to s.
 1183  106.0705 is dated.
 1184  
 1185  Such fine shall be paid to the filing officer within 20 days
 1186  after receipt of the notice of payment due, unless appeal is
 1187  made to the Florida Elections Commission pursuant to paragraph
 1188  (c). An officer or member of an executive committee shall not be
 1189  personally liable for such fine.
 1190         (d) The appropriate filing officer shall notify the Florida
 1191  Elections Commission of the repeated late filing by an executive
 1192  committee, the failure of an executive committee to file a
 1193  report after notice, or the failure to pay the fine imposed. As
 1194  used in this paragraph, the term “repeated late filing” means at
 1195  least three late filings occurring within any 2-year period. The
 1196  commission shall treat notification of each repeated late filing
 1197  as a separate violation of this section.
 1198         Section 17. Subsection (5) of section 106.35, Florida
 1199  Statutes, is amended to read:
 1200         106.35 Distribution of funds.—
 1201         (5) The division shall adopt rules providing for the weekly
 1202  reports and certification and distribution of funds pursuant
 1203  thereto required by this section. Such rules shall, at a
 1204  minimum, provide for:
 1205         (a) Specifications for printed campaign treasurer’s reports
 1206  outlining the format for such reports, including size of paper,
 1207  typeface, color of print, and placement of required information
 1208  on the form.
 1209         (b)1. specifications for electronically transmitted
 1210  campaign treasurer’s reports outlining communication parameters
 1211  and protocol, data record formats, and provisions for ensuring
 1212  security of data and transmission.
 1213         2. All electronically transmitted campaign treasurer’s
 1214  reports must also be filed in printed format. Printed format
 1215  shall not include campaign treasurer’s reports submitted by
 1216  electronic facsimile transmission.
 1217         Section 18. This act shall take effect July 1, 2011.