Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 569, 1st Eng.
       
       
       
       
       
       
                                Barcode 481688                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             04/24/2013 10:14 AM       .      04/24/2013 03:09 PM       
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 106.04, Florida Statutes, is repealed.
    6         Section 2. (1) Effective August 1, 2013, a committee of
    7  continuous existence may not accept a contribution as defined in
    8  s. 106.011, Florida Statutes. By July 15, 2013, the Division of
    9  Elections of the Department of State shall notify each committee
   10  of continuous existence of the prohibition on accepting such a
   11  contribution as provided under this subsection.
   12         (2) Effective September 30, 2013, the certification of each
   13  committee of continuous existence is revoked and all committee
   14  accounts must have a zero balance. By July 15, 2013, the
   15  Division of Elections of the Department of State shall notify
   16  each committee of continuous existence of the revocation of its
   17  certification pursuant to this subsection. Following the
   18  revocation of certification, each committee of continuous
   19  existence shall file any outstanding report as required by law.
   20         (3)(a) A violation of this section or any other provision
   21  of chapter 106, Florida Statutes, constitutes a violation of
   22  chapter 106, Florida Statutes, regardless of whether the
   23  committee of continuous existence is legally dissolved.
   24         (b) A political committee or electioneering communications
   25  organization that has received funds from a committee of
   26  continuous existence whose certification has been revoked and
   27  that is directly or indirectly established, maintained, or
   28  controlled by the same individual or group as the former
   29  committee of continuous existence, is responsible for any unpaid
   30  fine or penalty incurred by the former committee of continuous
   31  existence. If no such political committee or electioneering
   32  communications organization exists, the principal officers of
   33  the former committee of continuous existence shall be jointly
   34  and severally liable for any fine or penalty.
   35         (4) Notwithstanding any other provision of law, a committee
   36  of continuous existence may make unlimited contributions to a
   37  political committee.
   38         (5) This section shall be effective upon this act becoming
   39  a law.
   40         Section 3. Section 106.011, Florida Statutes, is reordered
   41  and amended to read:
   42         106.011 Definitions.—As used in this chapter, the following
   43  terms have the following meanings unless the context clearly
   44  indicates otherwise:
   45         (16)(1)(a) “Political committee” means:
   46         1. A combination of two or more individuals, or a person
   47  other than an individual, that, in an aggregate amount in excess
   48  of $500 during a single calendar year:
   49         a. Accepts contributions for the purpose of making
   50  contributions to any candidate, political committee, committee
   51  of continuous existence, affiliated party committee, or
   52  political party;
   53         b. Accepts contributions for the purpose of expressly
   54  advocating the election or defeat of a candidate or the passage
   55  or defeat of an issue;
   56         c. Makes expenditures that expressly advocate the election
   57  or defeat of a candidate or the passage or defeat of an issue;
   58  or
   59         d. Makes contributions to a common fund, other than a joint
   60  checking account between spouses, from which contributions are
   61  made to any candidate, political committee, committee of
   62  continuous existence, affiliated party committee, or political
   63  party;
   64         2. The sponsor of a proposed constitutional amendment by
   65  initiative who intends to seek the signatures of registered
   66  electors.
   67         (b) Notwithstanding paragraph (a), the following entities
   68  are not considered political committees for purposes of this
   69  chapter:
   70         1. Organizations which are certified by the Department of
   71  State as committees of continuous existence pursuant to s.
   72  106.04, National political parties, the state and county
   73  executive committees of political parties, and affiliated party
   74  committees regulated by chapter 103.
   75         2. Corporations regulated by chapter 607 or chapter 617 or
   76  other business entities formed for purposes other than to
   77  support or oppose issues or candidates, if their political
   78  activities are limited to contributions to candidates, political
   79  parties, affiliated party committees, or political committees or
   80  expenditures in support of or opposition to an issue from
   81  corporate or business funds and if no contributions are received
   82  by such corporations or business entities.
   83         3. Electioneering communications organizations as defined
   84  in subsection (9) (19).
   85         (2) “Committee of continuous existence” means any group,
   86  organization, association, or other such entity which is
   87  certified pursuant to the provisions of s. 106.04.
   88         (5)(3) “Contribution” means:
   89         (a) A gift, subscription, conveyance, deposit, loan,
   90  payment, or distribution of money or anything of value,
   91  including contributions in kind having an attributable monetary
   92  value in any form, made for the purpose of influencing the
   93  results of an election or making an electioneering
   94  communication.
   95         (b) A transfer of funds between political committees,
   96  between committees of continuous existence, between
   97  electioneering communications organizations, or between any
   98  combination of these groups.
   99         (c) The payment, by a any person other than a candidate or
  100  political committee, of compensation for the personal services
  101  of another person which are rendered to a candidate or political
  102  committee without charge to the candidate or committee for such
  103  services.
  104         (d) The transfer of funds by a campaign treasurer or deputy
  105  campaign treasurer between a primary depository and a separate
  106  interest-bearing account or certificate of deposit, and the term
  107  includes any interest earned on such account or certificate.
  108  
  109  Notwithstanding the foregoing meanings of “contribution,” the
  110  term may not be construed to include services, including, but
  111  not limited to, legal and accounting services, provided without
  112  compensation by individuals volunteering a portion or all of
  113  their time on behalf of a candidate or political committee or
  114  editorial endorsements.
  115         (10)(4)(a) “Expenditure” means a purchase, payment,
  116  distribution, loan, advance, transfer of funds by a campaign
  117  treasurer or deputy campaign treasurer between a primary
  118  depository and a separate interest-bearing account or
  119  certificate of deposit, or gift of money or anything of value
  120  made for the purpose of influencing the results of an election
  121  or making an electioneering communication. However,
  122  “expenditure” does not include a purchase, payment,
  123  distribution, loan, advance, or gift of money or anything of
  124  value made for the purpose of influencing the results of an
  125  election when made by an organization, in existence before prior
  126  to the time during which a candidate qualifies or an issue is
  127  placed on the ballot for that election, for the purpose of
  128  printing or distributing such organization’s newsletter,
  129  containing a statement by such organization in support of or
  130  opposition to a candidate or issue, which newsletter is
  131  distributed only to members of such organization.
  132         (b) As used in this chapter, an “expenditure” for an
  133  electioneering communication is made when the earliest of the
  134  following occurs:
  135         1. A person enters into a contract for applicable goods or
  136  services;
  137         2. A person makes payment, in whole or in part, for the
  138  production or public dissemination of applicable goods or
  139  services; or
  140         3. The electioneering communication is publicly
  141  disseminated.
  142         (12)(5)(a) “Independent expenditure” means an expenditure
  143  by a person for the purpose of expressly advocating the election
  144  or defeat of a candidate or the approval or rejection of an
  145  issue, which expenditure is not controlled by, coordinated with,
  146  or made upon consultation with, any candidate, political
  147  committee, or agent of such candidate or committee. An
  148  expenditure for such purpose by a person having a contract with
  149  the candidate, political committee, or agent of such candidate
  150  or committee in a given election period is shall not be deemed
  151  an independent expenditure.
  152         (b) An expenditure for the purpose of expressly advocating
  153  the election or defeat of a candidate which is made by the
  154  national, state, or county executive committee of a political
  155  party, including any subordinate committee of the political
  156  party, an affiliated party committee, a political committee, a
  157  committee of continuous existence, or any other person is shall
  158  not be considered an independent expenditure if the committee or
  159  person:
  160         1. Communicates with the candidate, the candidate’s
  161  campaign, or an agent of the candidate acting on behalf of the
  162  candidate, including a any pollster, media consultant,
  163  advertising agency, vendor, advisor, or staff member, concerning
  164  the preparation of, use of, or payment for, the specific
  165  expenditure or advertising campaign at issue; or
  166         2. Makes a payment in cooperation, consultation, or concert
  167  with, at the request or suggestion of, or pursuant to a any
  168  general or particular understanding with the candidate, the
  169  candidate’s campaign, a political committee supporting the
  170  candidate, or an agent of the candidate relating to the specific
  171  expenditure or advertising campaign at issue; or
  172         3. Makes a payment for the dissemination, distribution, or
  173  republication, in whole or in part, of a any broadcast or a any
  174  written, graphic, or other form of campaign material prepared by
  175  the candidate, the candidate’s campaign, or an agent of the
  176  candidate, including a any pollster, media consultant,
  177  advertising agency, vendor, advisor, or staff member; or
  178         4. Makes a payment based on information about the
  179  candidate’s plans, projects, or needs communicated to a member
  180  of the committee or person by the candidate or an agent of the
  181  candidate, provided the committee or person uses the information
  182  in any way, in whole or in part, either directly or indirectly,
  183  to design, prepare, or pay for the specific expenditure or
  184  advertising campaign at issue; or
  185         5. After the last day of the qualifying period prescribed
  186  for the candidate, consults about the candidate’s plans,
  187  projects, or needs in connection with the candidate’s pursuit of
  188  election to office and the information is used in any way to
  189  plan, create, design, or prepare an independent expenditure or
  190  advertising campaign, with:
  191         a. An Any officer, director, employee, or agent of a
  192  national, state, or county executive committee of a political
  193  party or an affiliated party committee that has made or intends
  194  to make expenditures in connection with or contributions to the
  195  candidate; or
  196         b. A Any person whose professional services have been
  197  retained by a national, state, or county executive committee of
  198  a political party or an affiliated party committee that has made
  199  or intends to make expenditures in connection with or
  200  contributions to the candidate; or
  201         6. After the last day of the qualifying period prescribed
  202  for the candidate, retains the professional services of a any
  203  person also providing those services to the candidate in
  204  connection with the candidate’s pursuit of election to office;
  205  or
  206         7. Arranges, coordinates, or directs the expenditure, in
  207  any way, with the candidate or an agent of the candidate.
  208         (7)(6) “Election” means a any primary election, special
  209  primary election, general election, special election, or
  210  municipal election held in this state for the purpose of
  211  nominating or electing candidates to public office, choosing
  212  delegates to the national nominating conventions of political
  213  parties, selecting a member of a political party executive
  214  committee, or submitting an issue to the electors for their
  215  approval or rejection.
  216         (13)(7) “Issue” means a any proposition that which is
  217  required by the State Constitution, by law or resolution of the
  218  Legislature, or by the charter, ordinance, or resolution of a
  219  any political subdivision of this state to be submitted to the
  220  electors for their approval or rejection at an election, or a
  221  any proposition for which a petition is circulated in order to
  222  have such proposition placed on the ballot at an any election.
  223         (14)(8) “Person” means an individual or a corporation,
  224  association, firm, partnership, joint venture, joint stock
  225  company, club, organization, estate, trust, business trust,
  226  syndicate, or other combination of individuals having collective
  227  capacity. The term includes a political party, affiliated party
  228  committee, or political committee, or committee of continuous
  229  existence.
  230         (2)(9) “Campaign treasurer” means an individual appointed
  231  by a candidate or political committee as provided in this
  232  chapter.
  233         (17)(10) “Public office” means a any state, county,
  234  municipal, or school or other district office or position that
  235  which is filled by vote of the electors.
  236         (1)(11) “Campaign fund raiser” means an any affair held to
  237  raise funds to be used in a campaign for public office.
  238         (6)(12) “Division” means the Division of Elections of the
  239  Department of State.
  240         (4)(13) “Communications media” means broadcasting stations,
  241  newspapers, magazines, outdoor advertising facilities, printers,
  242  direct mail, advertising agencies, the Internet, and telephone
  243  companies; but with respect to telephones, an expenditure is
  244  shall be deemed to be an expenditure for the use of
  245  communications media only if made for the costs of telephones,
  246  paid telephonists, or automatic telephone equipment to be used
  247  by a candidate or a political committee to communicate with
  248  potential voters but excluding the any costs of telephones
  249  incurred by a volunteer for use of telephones by such volunteer;
  250  however, with respect to the Internet, an expenditure is shall
  251  be deemed an expenditure for use of communications media only if
  252  made for the cost of creating or disseminating a message on a
  253  computer information system accessible by more than one person
  254  but excluding internal communications of a campaign or of any
  255  group.
  256         (11)(14) “Filing officer” means the person before whom a
  257  candidate qualifies or, the agency or officer with whom a
  258  political committee or an electioneering communications
  259  organization registers, or the agency by whom a committee of
  260  continuous existence is certified.
  261         (18)(15) “Unopposed candidate” means a candidate for
  262  nomination or election to an office who, after the last day on
  263  which a any person, including a write-in candidate, may qualify,
  264  is without opposition in the election at which the office is to
  265  be filled or who is without such opposition after such date as a
  266  result of a any primary election or of withdrawal by other
  267  candidates seeking the same office. A candidate is not an
  268  unopposed candidate if there is a vacancy to be filled under s.
  269  100.111(3), if there is a legal proceeding pending regarding the
  270  right to a ballot position for the office sought by the
  271  candidate, or if the candidate is seeking retention as a justice
  272  or judge.
  273         (3)(16) “Candidate” means a any person to whom any one or
  274  more of the following applies apply:
  275         (a) A Any person who seeks to qualify for nomination or
  276  election by means of the petitioning process.
  277         (b) A Any person who seeks to qualify for election as a
  278  write-in candidate.
  279         (c) A Any person who receives contributions or makes
  280  expenditures, or consents for any other person to receive
  281  contributions or make expenditures, with a view to bring about
  282  his or her nomination or election to, or retention in, public
  283  office.
  284         (d) A Any person who appoints a treasurer and designates a
  285  primary depository.
  286         (e) A Any person who files qualification papers and
  287  subscribes to a candidate’s oath as required by law.
  288  
  289  However, this definition does not include any candidate for a
  290  political party executive committee. Expenditures related to
  291  potential candidate polls as provided in s. 106.17 are not
  292  contributions or expenditures for purposes of this subsection.
  293         (15)(17) “Political advertisement” means a paid expression
  294  in a any communications media prescribed in subsection (4) (13),
  295  whether radio, television, newspaper, magazine, periodical,
  296  campaign literature, direct mail, or display or by means other
  297  than the spoken word in direct conversation, which expressly
  298  advocates the election or defeat of a candidate or the approval
  299  or rejection of an issue. However, political advertisement does
  300  not include:
  301         (a) A statement by an organization, in existence before
  302  prior to the time during which a candidate qualifies or an issue
  303  is placed on the ballot for that election, in support of or
  304  opposition to a candidate or issue, in that organization’s
  305  newsletter, which newsletter is distributed only to the members
  306  of that organization.
  307         (b) Editorial endorsements by a any newspaper, a radio or
  308  television station, or any other recognized news medium.
  309         (8)(18)(a) “Electioneering communication” means any
  310  communication that is publicly distributed by a television
  311  station, radio station, cable television system, satellite
  312  system, newspaper, magazine, direct mail, or telephone and that:
  313         1. Refers to or depicts a clearly identified candidate for
  314  office without expressly advocating the election or defeat of a
  315  candidate but that is susceptible of no reasonable
  316  interpretation other than an appeal to vote for or against a
  317  specific candidate;
  318         2. Is made within 30 days before a primary or special
  319  primary election or 60 days before any other election for the
  320  office sought by the candidate; and
  321         3. Is targeted to the relevant electorate in the geographic
  322  area the candidate would represent if elected.
  323         (b) The term “electioneering communication” does not
  324  include:
  325         1. A communication disseminated through a means of
  326  communication other than a television station, radio station,
  327  cable television system, satellite system, newspaper, magazine,
  328  direct mail, telephone, or statement or depiction by an
  329  organization, in existence before prior to the time during which
  330  a candidate named or depicted qualifies for that election, made
  331  in that organization’s newsletter, which newsletter is
  332  distributed only to members of that organization.
  333         2. A communication in a news story, commentary, or
  334  editorial distributed through the facilities of a any radio
  335  station, television station, cable television system, or
  336  satellite system, unless the facilities are owned or controlled
  337  by a any political party, political committee, or candidate. A
  338  news story distributed through the facilities owned or
  339  controlled by a any political party, political committee, or
  340  candidate may nevertheless be exempt if it represents a bona
  341  fide news account communicated through a licensed broadcasting
  342  facility and the communication is part of a general pattern of
  343  campaign-related news accounts that give reasonably equal
  344  coverage to all opposing candidates in the area.
  345         3. A communication that constitutes a public debate or
  346  forum that includes at least two opposing candidates for an
  347  office or one advocate and one opponent of an issue, or that
  348  solely promotes such a debate or forum and is made by or on
  349  behalf of the person sponsoring the debate or forum, provided
  350  that:
  351         a. The staging organization is either:
  352         (I) A charitable organization that does not make other
  353  electioneering communications and does not otherwise support or
  354  oppose any political candidate or political party; or
  355         (II) A newspaper, radio station, television station, or
  356  other recognized news medium; and
  357         b. The staging organization does not structure the debate
  358  to promote or advance one candidate or issue position over
  359  another.
  360         (c) For purposes of this chapter, an expenditure made for,
  361  or in furtherance of, an electioneering communication is shall
  362  not be considered a contribution to or on behalf of any
  363  candidate.
  364         (d) For purposes of this chapter, an electioneering
  365  communication does shall not constitute an independent
  366  expenditure and is not nor be subject to the limitations
  367  applicable to independent expenditures.
  368         (9)(19) “Electioneering communications organization” means
  369  any group, other than a political party, affiliated party
  370  committee, or political committee, or committee of continuous
  371  existence, whose election-related activities are limited to
  372  making expenditures for electioneering communications or
  373  accepting contributions for the purpose of making electioneering
  374  communications and whose activities would not otherwise require
  375  the group to register as a political party or, political
  376  committee, or committee of continuous existence under this
  377  chapter.
  378         Section 4. Paragraph (a) of subsection (1) and paragraph
  379  (d) of subsection (3) of section 106.021, Florida Statutes, are
  380  amended to read:
  381         106.021 Campaign treasurers; deputies; primary and
  382  secondary depositories.—
  383         (1)(a) Each candidate for nomination or election to office
  384  and each political committee shall appoint a campaign treasurer.
  385  Each person who seeks to qualify for nomination or election to,
  386  or retention in, office shall appoint a campaign treasurer and
  387  designate a primary campaign depository before prior to
  388  qualifying for office. Any person who seeks to qualify for
  389  election or nomination to any office by means of the petitioning
  390  process shall appoint a treasurer and designate a primary
  391  depository on or before the date he or she obtains the
  392  petitions. Each candidate shall At the same time a candidate he
  393  or she designates a campaign depository and appoints a
  394  treasurer, the candidate shall also designate the office for
  395  which he or she is a candidate. If the candidate is running for
  396  an office that which will be grouped on the ballot with two or
  397  more similar offices to be filled at the same election, the
  398  candidate must indicate for which group or district office he or
  399  she is running. Nothing in This subsection does not shall
  400  prohibit a candidate, at a later date, from changing the
  401  designation of the office for which he or she is a candidate.
  402  However, if a candidate changes the designated office for which
  403  he or she is a candidate, the candidate must notify all
  404  contributors in writing of the intent to seek a different office
  405  and offer to return pro rata, upon their request, those
  406  contributions given in support of the original office sought.
  407  This notification shall be given within 15 days after the filing
  408  of the change of designation and shall include a standard form
  409  developed by the Division of Elections for requesting the return
  410  of contributions. The notice requirement does shall not apply to
  411  any change in a numerical designation resulting solely from
  412  redistricting. If, within 30 days after being notified by the
  413  candidate of the intent to seek a different office, the
  414  contributor notifies the candidate in writing that the
  415  contributor wishes his or her contribution to be returned, the
  416  candidate shall return the contribution, on a pro rata basis,
  417  calculated as of the date the change of designation is filed. Up
  418  to a maximum of the contribution limits specified in s. 106.08,
  419  a candidate who runs for an office other than the office
  420  originally designated may use any contribution that a donor does
  421  not request Any contributions not requested to be returned
  422  within the 30-day period for the newly designated office,
  423  provided the candidate disposes of any amount exceeding the
  424  contribution limit pursuant to the options in s. 106.11(5)(b)
  425  and (c) or s. 106.141(4)(a)1., s. 106.141(4)(a)2., or s.
  426  106.141(4)(a)4.; notwithstanding, the full amount of the
  427  contribution for the original office shall count toward the
  428  contribution limits specified in s. 106.08 for the newly
  429  designated office may be used by the candidate for the newly
  430  designated office. A No person may not shall accept any
  431  contribution or make any expenditure with a view to bringing
  432  about his or her nomination, election, or retention in public
  433  office, or authorize another to accept such contributions or
  434  make such expenditure on the person’s behalf, unless such person
  435  has appointed a campaign treasurer and designated a primary
  436  campaign depository. A candidate for an office voted upon
  437  statewide may appoint not more than 15 deputy campaign
  438  treasurers, and any other candidate or political committee may
  439  appoint not more than 3 deputy campaign treasurers. The names
  440  and addresses of the campaign treasurer and deputy campaign
  441  treasurers so appointed shall be filed with the officer before
  442  whom such candidate is required to qualify or with whom such
  443  political committee is required to register pursuant to s.
  444  106.03.
  445         (3) No contribution or expenditure, including contributions
  446  or expenditures of a candidate or of the candidate’s family,
  447  shall be directly or indirectly made or received in furtherance
  448  of the candidacy of any person for nomination or election to
  449  political office in the state or on behalf of any political
  450  committee except through the duly appointed campaign treasurer
  451  of the candidate or political committee, subject to the
  452  following exceptions:
  453         (d) Expenditures made directly by any political committee,
  454  affiliated party committee, or political party regulated by
  455  chapter 103 for obtaining time, space, or services in or by any
  456  communications medium for the purpose of jointly endorsing three
  457  or more candidates, and any such expenditure may shall not be
  458  considered a contribution or expenditure to or on behalf of any
  459  such candidates for the purposes of this chapter.
  460         Section 5. Subsection (1) of section 106.022, Florida
  461  Statutes, is amended to read:
  462         106.022 Appointment of a registered agent; duties.—
  463         (1) Each political committee, committee of continuous
  464  existence, or electioneering communications organization shall
  465  have and continuously maintain in this state a registered office
  466  and a registered agent and must file with the filing officer a
  467  statement of appointment for the registered office and
  468  registered agent. The statement of appointment must:
  469         (a) Provide the name of the registered agent and the street
  470  address and phone number for the registered office;
  471         (b) Identify the entity for whom the registered agent
  472  serves;
  473         (c) Designate the address the registered agent wishes to
  474  use to receive mail;
  475         (d) Include the entity’s undertaking to inform the filing
  476  officer of any change in such designated address;
  477         (e) Provide for the registered agent’s acceptance of the
  478  appointment, which must confirm that the registered agent is
  479  familiar with and accepts the obligations of the position as set
  480  forth in this section; and
  481         (f) Contain the signature of the registered agent and the
  482  entity engaging the registered agent.
  483         Section 6. Paragraph (c) of subsection (1) of section
  484  106.025, Florida Statutes, is amended to read:
  485         106.025 Campaign fund raisers.—
  486         (1)
  487         (c) Any tickets or advertising for such a campaign fund
  488  raiser must comply with is exempt from the requirements of s.
  489  106.143.
  490         Section 7. Paragraph (b) of subsection (1) and subsection
  491  (2) of section 106.03, Florida Statutes, are amended to read:
  492         106.03 Registration of political committees and
  493  electioneering communications organizations.—
  494         (1)
  495         (b)1. Each group shall file a statement of organization as
  496  an electioneering communications organization within 24 hours
  497  after the date on which it makes expenditures for an
  498  electioneering communication in excess of $5,000, if such
  499  expenditures are made within the timeframes specified in s.
  500  106.011(8)(a)2. 106.011(18)(a)2. If the group makes expenditures
  501  for an electioneering communication in excess of $5,000 before
  502  the timeframes specified in s. 106.011(8)(a)2. 106.011(18)(a)2.,
  503  it shall file the statement of organization within 24 hours
  504  after the 30th day before a primary or special primary election,
  505  or within 24 hours after the 60th day before any other election,
  506  whichever is applicable.
  507         2.a. In a statewide, legislative, or multicounty election,
  508  an electioneering communications organization shall file a
  509  statement of organization with the Division of Elections.
  510         b. In a countywide election or any election held on less
  511  than a countywide basis, except as described in sub-subparagraph
  512  c., an electioneering communications organization shall file a
  513  statement of organization with the supervisor of elections of
  514  the county in which the election is being held.
  515         c. In a municipal election, an electioneering
  516  communications organization shall file a statement of
  517  organization with the officer before whom municipal candidates
  518  qualify.
  519         d. Any electioneering communications organization that
  520  would be required to file a statement of organization in two or
  521  more locations need only file a statement of organization with
  522  the Division of Elections.
  523         (2) The statement of organization shall include:
  524         (a) The name, mailing address, and street address of the
  525  committee or electioneering communications organization;
  526         (b) The names, street addresses, and relationships of
  527  affiliated or connected organizations, including any affiliated
  528  sponsors;
  529         (c) The area, scope, or jurisdiction of the committee or
  530  electioneering communications organization;
  531         (d) The name, mailing address, street address, and position
  532  of the custodian of books and accounts;
  533         (e) The name, mailing address, street address, and position
  534  of other principal officers, including the treasurer and deputy
  535  treasurer, if any;
  536         (f) The name, address, office sought, and party affiliation
  537  of:
  538         1. Each candidate whom the committee is supporting;
  539         2. Any other individual, if any, whom the committee is
  540  supporting for nomination for election, or election, to any
  541  public office whatever;
  542         (g) Any issue or issues the committee is supporting or
  543  opposing;
  544         (h) If the committee is supporting the entire ticket of any
  545  party, a statement to that effect and the name of the party;
  546         (i) A statement of whether the committee is a continuing
  547  one;
  548         (j) Plans for the disposition of residual funds which will
  549  be made in the event of dissolution;
  550         (k) A listing of all banks, safe-deposit boxes, or other
  551  depositories used for committee or electioneering communications
  552  organization funds;
  553         (l) A statement of the reports required to be filed by the
  554  committee or the electioneering communications organization with
  555  federal officials, if any, and the names, addresses, and
  556  positions of such officials; and
  557         (m) A statement of whether the electioneering
  558  communications organization was formed as a newly created
  559  organization during the current calendar quarter or was formed
  560  from an organization existing prior to the current calendar
  561  quarter. For purposes of this subsection, calendar quarters end
  562  the last day of March, June, September, and December.
  563         Section 8. Section 106.05, Florida Statutes, is amended to
  564  read:
  565         106.05 Deposit of contributions; statement of campaign
  566  treasurer.—All funds received by the campaign treasurer of any
  567  candidate or political committee shall, prior to the end of the
  568  5th business day following the receipt thereof, Saturdays,
  569  Sundays, and legal holidays excluded, be deposited in a campaign
  570  depository designated pursuant to s. 106.021, in an account that
  571  contains the designated “...(name of the candidate or
  572  committee.)... Campaign Account.” Except for contributions to
  573  political committees made by payroll deduction, all deposits
  574  shall be accompanied by a bank deposit slip containing the name
  575  of each contributor and the amount contributed by each. If a
  576  contribution is deposited in a secondary campaign depository,
  577  the depository shall forward the full amount of the deposit,
  578  along with a copy of the deposit slip accompanying the deposit,
  579  to the primary campaign depository prior to the end of the 1st
  580  business day following the deposit.
  581         Section 9. Section 106.07, Florida Statutes, is reenacted
  582  and amended to read:
  583         106.07 Reports; certification and filing.—
  584         (1) Each campaign treasurer designated by a candidate or
  585  political committee pursuant to s. 106.021 shall file regular
  586  reports of all contributions received, and all expenditures
  587  made, by or on behalf of such candidate or political committee.
  588  Except as provided in paragraphs (a) and (b) for the third
  589  calendar quarter immediately preceding a general election,
  590  reports shall be filed on the 10th day following the end of each
  591  calendar month quarter from the time the campaign treasurer is
  592  appointed, except that, if the 10th day following the end of a
  593  calendar month quarter occurs on a Saturday, Sunday, or legal
  594  holiday, the report shall be filed on the next following day
  595  that which is not a Saturday, Sunday, or legal holiday. Monthly
  596  Quarterly reports shall include all contributions received and
  597  expenditures made during the calendar month quarter which have
  598  not otherwise been reported pursuant to this section.
  599         (a) A statewide candidate or a political committee required
  600  to file reports with the division must file reports:
  601         1. On the 60th day immediately preceding the primary
  602  election, and each week thereafter, with the last weekly report
  603  being filed on the 4th day immediately preceding the general
  604  election.
  605         2. On the 10th day immediately preceding the general
  606  election, and each day thereafter, with the last daily report
  607  being filed the 5th day immediately preceding the general
  608  election Except as provided in paragraph (b), the reports shall
  609  also be filed on the 32nd, 18th, and 4th days immediately
  610  preceding the primary and on the 46th, 32nd, 18th, and 4th days
  611  immediately preceding the election, for a candidate who is
  612  opposed in seeking nomination or election to any office, for a
  613  political committee, or for a committee of continuous existence.
  614         (b) Any other candidate or a political committee required
  615  to file reports with a filing officer other than the division
  616  must file reports on the 60th day immediately preceding the
  617  primary election, and biweekly on each Friday thereafter through
  618  and including the 4th day immediately preceding the general
  619  election, with additional reports due on the 25th and 11th days
  620  before the primary election and the general election Any
  621  statewide candidate who has requested to receive contributions
  622  pursuant to the Florida Election Campaign Financing Act or any
  623  statewide candidate in a race with a candidate who has requested
  624  to receive contributions pursuant to the act shall also file
  625  reports on the 4th, 11th, 18th, 25th, and 32nd days prior to the
  626  primary election, and on the 4th, 11th, 18th, 25th, 32nd, 39th,
  627  46th, and 53rd days prior to the general election.
  628         (c) Following the last day of qualifying for office, any
  629  unopposed candidate need only file a report within 90 days after
  630  the date such candidate became unopposed. Such report shall
  631  contain all previously unreported contributions and expenditures
  632  as required by this section and shall reflect disposition of
  633  funds as required by s. 106.141.
  634         (d)1. When a special election is called to fill a vacancy
  635  in office, all political committees making contributions or
  636  expenditures to influence the results of such special election
  637  or the preceding special primary election shall file campaign
  638  treasurers’ reports with the filing officer on the dates set by
  639  the Department of State pursuant to s. 100.111.
  640         2. When an election is called for an issue to appear on the
  641  ballot at a time when no candidates are scheduled to appear on
  642  the ballot, all political committees making contributions or
  643  expenditures in support of or in opposition to such issue shall
  644  file reports on the 18th and 4th days before prior to such
  645  election.
  646         (e) The filing officer shall provide each candidate with a
  647  schedule designating the beginning and end of reporting periods
  648  as well as the corresponding designated due dates.
  649         (2)(a)1. All reports required of a candidate by this
  650  section shall be filed with the officer before whom the
  651  candidate is required by law to qualify. All candidates who file
  652  with the Department of State shall file their reports pursuant
  653  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  654  be filed not later than 5 p.m. of the day designated; however,
  655  any report postmarked by the United States Postal Service no
  656  later than midnight of the day designated is shall be deemed to
  657  have been filed in a timely manner. Any report received by the
  658  filing officer within 5 days after the designated due date that
  659  was delivered by the United States Postal Service is shall be
  660  deemed timely filed unless it has a postmark that indicates that
  661  the report was mailed after the designated due date. A
  662  certificate of mailing obtained from and dated by the United
  663  States Postal Service at the time of mailing, or a receipt from
  664  an established courier company, which bears a date on or before
  665  the date on which the report is due, suffices as shall be proof
  666  of mailing in a timely manner. Reports other than daily reports
  667  must shall contain information on of all previously unreported
  668  contributions received and expenditures made as of the preceding
  669  Friday, except that the report filed on the Friday immediately
  670  preceding the election must shall contain information on of all
  671  previously unreported contributions received and expenditures
  672  made as of the day preceding that designated due date; daily
  673  reports must contain information on all previously unreported
  674  contributions received as of the preceding day. All such reports
  675  are shall be open to public inspection.
  676         2. This subsection does not prohibit the governing body of
  677  a political subdivision, by ordinance or resolution, from
  678  imposing upon its own officers and candidates electronic filing
  679  requirements not in conflict with s. 106.0705. Expenditure of
  680  public funds for such purpose is deemed to be for a valid public
  681  purpose.
  682         (b)1. Any report that is deemed to be incomplete by the
  683  officer with whom the candidate qualifies must shall be accepted
  684  on a conditional basis. The campaign treasurer shall be notified
  685  by certified mail or by another method using a common carrier
  686  that provides a proof of delivery of the notice as to why the
  687  report is incomplete and within 7 days after receipt of such
  688  notice must file an addendum to the report providing all
  689  information necessary to complete the report in compliance with
  690  this section. Failure to file a complete report after such
  691  notice constitutes a violation of this chapter.
  692         2. Notice is deemed complete upon proof of delivery of a
  693  written notice to the mailing or street address of the campaign
  694  treasurer or registered agent of record with the filing officer.
  695         (3) Reports required of a political committee shall be
  696  filed with the agency or officer before whom such committee
  697  registers pursuant to s. 106.03(3) and shall be subject to the
  698  same filing conditions as established for candidates’ reports.
  699  Incomplete reports by political committees shall be treated in
  700  the manner provided for incomplete reports by candidates in
  701  subsection (2).
  702         (4)(a) Except for daily reports, to which only the
  703  contributions provisions below apply, and except as provided in
  704  paragraph (b), each report required by this section must
  705  contain:
  706         1. The full name, address, and occupation, if any of each
  707  person who has made one or more contributions to or for such
  708  committee or candidate within the reporting period, together
  709  with the amount and date of such contributions. For
  710  corporations, the report must provide as clear a description as
  711  practicable of the principal type of business conducted by the
  712  corporation. However, if the contribution is $100 or less or is
  713  from a relative, as defined in s. 112.312, provided that the
  714  relationship is reported, the occupation of the contributor or
  715  the principal type of business need not be listed.
  716         2. The name and address of each political committee from
  717  which the reporting committee or the candidate received, or to
  718  which the reporting committee or candidate made, any transfer of
  719  funds, together with the amounts and dates of all transfers.
  720         3. Each loan for campaign purposes to or from any person or
  721  political committee within the reporting period, together with
  722  the full names, addresses, and occupations, and principal places
  723  of business, if any, of the lender and endorsers, if any, and
  724  the date and amount of such loans.
  725         4. A statement of each contribution, rebate, refund, or
  726  other receipt not otherwise listed under subparagraphs 1.
  727  through 3.
  728         5. The total sums of all loans, in-kind contributions, and
  729  other receipts by or for such committee or candidate during the
  730  reporting period. The reporting forms shall be designed to
  731  elicit separate totals for in-kind contributions, loans, and
  732  other receipts.
  733         6. The full name and address of each person to whom
  734  expenditures have been made by or on behalf of the committee or
  735  candidate within the reporting period; the amount, date, and
  736  purpose of each such expenditure; and the name and address of,
  737  and office sought by, each candidate on whose behalf such
  738  expenditure was made. However, expenditures made from the petty
  739  cash fund provided by s. 106.12 need not be reported
  740  individually.
  741         7. The full name and address of each person to whom an
  742  expenditure for personal services, salary, or reimbursement for
  743  authorized expenses as provided in s. 106.021(3) has been made
  744  and which is not otherwise reported, including the amount, date,
  745  and purpose of such expenditure. However, expenditures made from
  746  the petty cash fund provided for in s. 106.12 need not be
  747  reported individually. Receipts for reimbursement for authorized
  748  expenditures shall be retained by the treasurer along with the
  749  records for the campaign account.
  750         8. The total amount withdrawn and the total amount spent
  751  for petty cash purposes pursuant to this chapter during the
  752  reporting period.
  753         9. The total sum of expenditures made by such committee or
  754  candidate during the reporting period.
  755         10. The amount and nature of debts and obligations owed by
  756  or to the committee or candidate, which relate to the conduct of
  757  any political campaign.
  758         11. Transaction information for each credit card purchase.
  759  Receipts for each credit card purchase shall be retained by the
  760  treasurer with the records for the campaign account.
  761         12. The amount and nature of any separate interest-bearing
  762  accounts or certificates of deposit and identification of the
  763  financial institution in which such accounts or certificates of
  764  deposit are located.
  765         13. The primary purposes of an expenditure made indirectly
  766  through a campaign treasurer pursuant to s. 106.021(3) for goods
  767  and services such as communications media placement or
  768  procurement services, campaign signs, insurance, and other
  769  expenditures that include multiple components as part of the
  770  expenditure. The primary purpose of an expenditure shall be that
  771  purpose, including integral and directly related components,
  772  that comprises 80 percent of such expenditure.
  773         (b) Multiple uniform contributions from the same person,
  774  aggregating no more than $250 per calendar year, collected by an
  775  organization that is the affiliated sponsor of a political
  776  committee, may be reported by the political committee in an
  777  aggregate amount listing the number of contributors together
  778  with the amount contributed by each and the total amount
  779  contributed during the reporting period. The identity of each
  780  person making such uniform contribution must be reported to the
  781  filing officer as provided in subparagraph (a)1. by July 1 of
  782  each calendar year, or, in a general election year, no later
  783  than the 60th day immediately preceding the primary election.
  784         (c)(b) The filing officer shall make available to any
  785  candidate or committee a reporting form which the candidate or
  786  committee may use to indicate contributions received by the
  787  candidate or committee but returned to the contributor before
  788  deposit.
  789         (5) The candidate and his or her campaign treasurer, in the
  790  case of a candidate, or the political committee chair and
  791  campaign treasurer of the committee, in the case of a political
  792  committee, shall certify as to the correctness of each report;
  793  and each person so certifying shall bear the responsibility for
  794  the accuracy and veracity of each report. Any campaign
  795  treasurer, candidate, or political committee chair who willfully
  796  certifies the correctness of any report while knowing that such
  797  report is incorrect, false, or incomplete commits a misdemeanor
  798  of the first degree, punishable as provided in s. 775.082 or s.
  799  775.083.
  800         (6) The records maintained by the campaign depository with
  801  respect to any campaign account regulated by this chapter are
  802  subject to inspection by an agent of the Division of Elections
  803  or the Florida Elections Commission at any time during normal
  804  banking hours, and such depository shall furnish certified
  805  copies of any of such records to the Division of Elections or
  806  Florida Elections Commission upon request.
  807         (7) Notwithstanding any other provisions of this chapter,
  808  in any reporting period during which a candidate or, political
  809  committee, or committee of continuous existence has not received
  810  funds, made any contributions, or expended any reportable funds,
  811  the filing of the required report for that period is waived.
  812  However, the next report filed must specify that the report
  813  covers the entire period between the last submitted report and
  814  the report being filed, and any candidate or, political
  815  committee, or committee of continuous existence not reporting by
  816  virtue of this subsection on dates prescribed elsewhere in this
  817  chapter shall notify the filing officer in writing on the
  818  prescribed reporting date that no report is being filed on that
  819  date.
  820         (8)(a) Any candidate or political committee failing to file
  821  a report on the designated due date is subject to a fine as
  822  provided in paragraph (b) for each late day, and, in the case of
  823  a candidate, such fine shall be paid only from personal funds of
  824  the candidate. The fine shall be assessed by the filing officer
  825  and the moneys collected shall be deposited:
  826         1. In the General Revenue Fund, in the case of a candidate
  827  for state office or a political committee that registers with
  828  the Division of Elections; or
  829         2. In the general revenue fund of the political
  830  subdivision, in the case of a candidate for an office of a
  831  political subdivision or a political committee that registers
  832  with an officer of a political subdivision.
  833  
  834  No separate fine shall be assessed for failure to file a copy of
  835  any report required by this section.
  836         (b) Upon determining that a report is late, the filing
  837  officer shall immediately notify the candidate or chair of the
  838  political committee as to the failure to file a report by the
  839  designated due date and that a fine is being assessed for each
  840  late day. The fine is shall be $50 per day for the first 3 days
  841  late and, thereafter, $500 per day for each late day, not to
  842  exceed 25 percent of the total receipts or expenditures,
  843  whichever is greater, for the period covered by the late report.
  844  However, for the reports immediately preceding each special
  845  primary election, special election, primary election, and
  846  general election, the fine is shall be $500 per day for each
  847  late day, not to exceed 25 percent of the total receipts or
  848  expenditures, whichever is greater, for the period covered by
  849  the late report. For reports required under s. 106.141(8)
  850  106.141(7), the fine is $50 per day for each late day, not to
  851  exceed 25 percent of the total receipts or expenditures,
  852  whichever is greater, for the period covered by the late report.
  853  Upon receipt of the report, the filing officer shall determine
  854  the amount of the fine which is due and shall notify the
  855  candidate or chair or registered agent of the political
  856  committee. The filing officer shall determine the amount of the
  857  fine due based upon the earliest of the following:
  858         1. When the report is actually received by such officer.
  859         2. When the report is postmarked.
  860         3. When the certificate of mailing is dated.
  861         4. When the receipt from an established courier company is
  862  dated.
  863         5. When the electronic receipt issued pursuant to s.
  864  106.0705 or other electronic filing system authorized in this
  865  section is dated.
  866  
  867  Such fine shall be paid to the filing officer within 20 days
  868  after receipt of the notice of payment due, unless appeal is
  869  made to the Florida Elections Commission pursuant to paragraph
  870  (c). Notice is deemed complete upon proof of delivery of written
  871  notice to the mailing or street address on record with the
  872  filing officer. In the case of a candidate, such fine is shall
  873  not be an allowable campaign expenditure and shall be paid only
  874  from personal funds of the candidate. An officer or member of a
  875  political committee is shall not be personally liable for such
  876  fine.
  877         (c) Any candidate or chair of a political committee may
  878  appeal or dispute the fine, based upon, but not limited to,
  879  unusual circumstances surrounding the failure to file on the
  880  designated due date, and may request and shall be entitled to a
  881  hearing before the Florida Elections Commission, which shall
  882  have the authority to waive the fine in whole or in part. The
  883  Florida Elections Commission must consider the mitigating and
  884  aggravating circumstances contained in s. 106.265(2) when
  885  determining the amount of a fine, if any, to be waived. Any such
  886  request shall be made within 20 days after receipt of the notice
  887  of payment due. In such case, the candidate or chair of the
  888  political committee shall, within the 20-day period, notify the
  889  filing officer in writing of his or her intention to bring the
  890  matter before the commission.
  891         (d) The appropriate filing officer shall notify the Florida
  892  Elections Commission of the repeated late filing by a candidate
  893  or political committee, the failure of a candidate or political
  894  committee to file a report after notice, or the failure to pay
  895  the fine imposed. The commission shall investigate only those
  896  alleged late filing violations specifically identified by the
  897  filing officer and as set forth in the notification. Any other
  898  alleged violations must be separately stated and reported by the
  899  division to the commission under s. 106.25(2).
  900         (9) The Department of State may prescribe by rule the
  901  requirements for filing campaign treasurers’ reports as set
  902  forth in this chapter.
  903         Section 10. Section 106.0702, Florida Statutes, is created
  904  to read:
  905         106.0702Reporting; political party executive committee
  906  candidates.—
  907         (1) An individual seeking a publicly elected position on a
  908  political party executive committee who receives a contribution
  909  or makes an expenditure shall file a report of all contributions
  910  received and all expenditures made. The report shall be filed on
  911  the 4th day immediately preceding the primary election.
  912         (2)(a) The report shall be filed with the supervisor of
  913  elections of the appropriate county. Reports shall be filed no
  914  later than 5 p.m. of the day designated; however, any report
  915  postmarked by the United States Postal Service by the day
  916  designated shall be deemed to have been filed in a timely
  917  manner. Any report received by the filing officer within 5 days
  918  after the designated due date shall be deemed timely filed
  919  unless it has a postmark that indicates that the report was
  920  mailed after the designated due date. A certificate of mailing
  921  obtained from and dated by the United States Postal Service at
  922  the time of mailing, or a receipt from an established courier
  923  company, which bears a date on or before the date on which the
  924  report is due is proof of mailing in a timely manner. The report
  925  filed must contain information of all contributions received and
  926  expenditures made as of the day preceding the designated due
  927  date. All such reports must be open to public inspection.
  928         (b) A reporting individual may submit the report required
  929  under this section through an electronic filing system, if used
  930  by the supervisor for other candidates, in order to satisfy the
  931  filing requirement. Such reports shall be completed and filed
  932  through the electronic filing system not later than midnight on
  933  the 4th day immediately preceding the primary election.
  934         (3)(a) A report that is deemed to be incomplete by the
  935  supervisor shall be accepted on a conditional basis. The
  936  supervisor shall send a notice to the reporting individual by
  937  certified mail or by another method using a common carrier that
  938  provides proof of delivery as to why the report is incomplete.
  939  Within 7 days after receipt of such notice, the reporting
  940  individual must file an addendum to the report providing all
  941  information necessary to complete the report in compliance with
  942  this section. Failure to file a complete report after such
  943  notice constitutes a violation of this chapter.
  944         (b) Notice is deemed complete upon proof of delivery of a
  945  written notice to the mailing or street address that is on
  946  record with the supervisor.
  947         (4)(a) Each report required by this section must contain:
  948         1. The full name, address, and occupation of each person
  949  who has made one or more contributions to or for the reporting
  950  individual within the reporting period, together with the amount
  951  and date of such contributions. For corporations, the report
  952  must provide as clear a description as practicable of the
  953  principal type of business conducted by the corporations.
  954  However, if the contribution is $100 or less or is from a
  955  relative, as defined in s. 112.312, provided that the
  956  relationship is reported, the occupation of the contributor or
  957  the principal type of business need not be listed.
  958         2. The name and address of each political committee from
  959  which the reporting individual has received, or to which the
  960  reporting individual has made, any transfer of funds within the
  961  reporting period, together with the amounts and dates of all
  962  transfers.
  963         3. Each loan for campaign purposes from any person or
  964  political committee within the reporting period, together with
  965  the full name, address, and occupation, and principal place of
  966  business, if any, of the lender and endorser, if any, and the
  967  date and amount of such loans.
  968         4. A statement of each contribution, rebate, refund, or
  969  other receipt not otherwise listed under subparagraphs 1.-3.
  970         5. The total sums of all loans, in-kind contributions, and
  971  other receipts by or for such reporting individual during the
  972  reporting period. The reporting forms shall be designed to
  973  elicit separate totals for in-kind contributions, loans, and
  974  other receipts.
  975         6. The full name and address of each person to whom
  976  expenditures have been made by or on behalf of the reporting
  977  individual within the reporting period; the amount, date, and
  978  purpose of each such expenditure; and the name and address of,
  979  and office sought by, each reporting individual on whose behalf
  980  such expenditure was made.
  981         7. The amount and nature of debts and obligations owed by
  982  or to the reporting individual which relate to the conduct of
  983  any political campaign.
  984         8. Transaction information for each credit card purchase.
  985  Receipts for each credit card purchase shall be retained by the
  986  reporting individual.
  987         9. The amount and nature of any separate interest-bearing
  988  accounts or certificates of deposit and identification of the
  989  financial institution in which such accounts or certificates of
  990  deposit are located.
  991         (b) The supervisor shall make available to any reporting
  992  individual a reporting form that the reporting individual may
  993  use to indicate contributions received by the reporting
  994  individual but returned to the contributor before deposit.
  995         (5) The reporting individual shall certify as to the
  996  correctness of the report and shall bear the responsibility for
  997  the accuracy and veracity of each report. Any reporting
  998  individual who willfully certifies the correctness of the report
  999  while knowing that such report is incorrect, false, or
 1000  incomplete commits a misdemeanor of the first degree, punishable
 1001  as provided in s. 775.082 or s. 775.083.
 1002         (6) Notwithstanding any other provisions of this chapter,
 1003  the filing of the required report is waived if the reporting
 1004  individual has not received contributions or expended any
 1005  reportable funds.
 1006         (7)(a) A reporting individual who fails to file a report on
 1007  the designated due date is subject to a fine, and such fine
 1008  shall be paid only from personal funds of the reporting
 1009  individual. The fine shall be $50 per day for the first 3 days
 1010  late and, thereafter, $500 per day for each late day, not to
 1011  exceed 25 percent of the total receipts or expenditures,
 1012  whichever is greater. The fine shall be assessed by the
 1013  supervisor, and the moneys collected shall be deposited into the
 1014  general revenue fund of the political subdivision.
 1015         (b) The supervisor shall determine the amount of the fine
 1016  due based upon the earliest of the following:
 1017         1. When the report is actually received by the supervisor;
 1018         2. When the report is postmarked;
 1019         3. When the certificate of mailing is dated;
 1020         4. When the receipt from an established courier company is
 1021  dated; or
 1022         5. When the report is completed and filed through the
 1023  electronic filing system, if applicable.
 1024  
 1025  Such fine shall be paid to the supervisor within 20 days after
 1026  receipt of the notice of payment due unless appeal is made to
 1027  the Florida Elections Commission pursuant to paragraph (c).
 1028  Notice is deemed complete upon proof of delivery of written
 1029  notice to the mailing or street address on record with the
 1030  supervisor. Such fine may not be an allowable campaign
 1031  expenditure and shall be paid only from personal funds of the
 1032  reporting individual.
 1033         (c) A reporting individual may appeal or dispute the fine,
 1034  based upon, but not limited to, unusual circumstances
 1035  surrounding the failure to file on the designated due date, and
 1036  may request and is entitled to a hearing before the Florida
 1037  Elections Commission, which has the authority to waive the fine
 1038  in whole or in part. The Florida Elections Commission must
 1039  consider the mitigating and aggravating circumstances contained
 1040  in s. 106.265(2) when determining the amount of a fine, if any,
 1041  to be waived. Any such request shall be made within 20 days
 1042  after receipt of the notice of payment due. In such case, the
 1043  reporting individual must, within 20 days after receipt of the
 1044  notice, notify the supervisor in writing of his or her intention
 1045  to bring the matter before the commission.
 1046         (d) The appropriate supervisor shall notify the Florida
 1047  Elections Commission of the late filing by a reporting
 1048  individual, the failure of a reporting individual to file a
 1049  report after notice, or the failure to pay the fine imposed. The
 1050  commission shall investigate only those alleged late filing
 1051  violations specifically identified by the supervisor and as set
 1052  forth in the notification. Any other alleged violations must be
 1053  separately stated and reported by the division to the commission
 1054  under s. 106.25(2).
 1055         Section 11. Section 106.0703, Florida Statutes, is
 1056  reenacted and amended to read:
 1057         106.0703 Electioneering communications organizations;
 1058  reporting requirements; certification and filing; penalties.—
 1059         (1)(a) Each electioneering communications organization
 1060  shall file regular reports of all contributions received and all
 1061  expenditures made by or on behalf of the organization. Except as
 1062  provided in paragraphs (b) and (c), reports must shall be filed
 1063  on the 10th day following the end of each calendar month quarter
 1064  from the time the organization is registered. However, if the
 1065  10th day following the end of a calendar month quarter occurs on
 1066  a Saturday, Sunday, or legal holiday, the report must shall be
 1067  filed on the next following day that is not a Saturday, Sunday,
 1068  or legal holiday. Monthly Quarterly reports must shall include
 1069  all contributions received and expenditures made during the
 1070  calendar month quarter that have not otherwise been reported
 1071  pursuant to this section.
 1072         (b) For an electioneering communications organization
 1073  required to file reports with the division, reports must be
 1074  filed:
 1075         1. On the 60th day immediately preceding the primary
 1076  election, and each week thereafter, with the last weekly report
 1077  being filed on the 4th day immediately preceding the general
 1078  election.
 1079         2. On the 10th day immediately preceding the general
 1080  election, and every day thereafter excluding the 4th day
 1081  immediately preceding the general election, with the last daily
 1082  report being filed the day before the general election Following
 1083  the last day of candidates qualifying for office, the reports
 1084  shall be filed on the 32nd, 18th, and 4th days immediately
 1085  preceding the primary election and on the 46th, 32nd, 18th, and
 1086  4th days immediately preceding the general election.
 1087         (c) For an electioneering communications organization
 1088  required to file reports with a filing officer other than the
 1089  division, reports must be filed on the 60th day immediately
 1090  preceding the primary election, and biweekly on each Friday
 1091  thereafter through and including the 4th day immediately
 1092  preceding the general election, with additional reports due on
 1093  the 25th and 11th days before the primary election and the
 1094  general election.
 1095         (d)(c) When a special election is called to fill a vacancy
 1096  in office, all electioneering communications organizations
 1097  making contributions or expenditures to influence the results of
 1098  the special election shall file reports with the filing officer
 1099  on the dates set by the Department of State pursuant to s.
 1100  100.111.
 1101         (e)(d) In addition to the reports required by paragraph
 1102  (a), an electioneering communications organization that is
 1103  registered with the Department of State and that makes a
 1104  contribution or expenditure to influence the results of a county
 1105  or municipal election that is not being held at the same time as
 1106  a state or federal election must file reports with the county or
 1107  municipal filing officer on the same dates as county or
 1108  municipal candidates or committees for that election. The
 1109  electioneering communications organization must also include the
 1110  expenditure in the next report filed with the Division of
 1111  Elections pursuant to this section following the county or
 1112  municipal election.
 1113         (f)(e) The filing officer shall make available to each
 1114  electioneering communications organization a schedule
 1115  designating the beginning and end of reporting periods as well
 1116  as the corresponding designated due dates.
 1117         (2)(a) Except as provided in s. 106.0705, the reports
 1118  required of an electioneering communications organization shall
 1119  be filed with the filing officer not later than 5 p.m. of the
 1120  day designated. However, any report postmarked by the United
 1121  States Postal Service no later than midnight of the day
 1122  designated is shall be deemed to have been filed in a timely
 1123  manner. Any report received by the filing officer within 5 days
 1124  after the designated due date that was delivered by the United
 1125  States Postal Service is shall be deemed timely filed unless it
 1126  has a postmark that indicates that the report was mailed after
 1127  the designated due date. A certificate of mailing obtained from
 1128  and dated by the United States Postal Service at the time of
 1129  mailing, or a receipt from an established courier company, which
 1130  bears a date on or before the date on which the report is due,
 1131  suffices as shall be proof of mailing in a timely manner.
 1132  Reports other than daily reports must shall contain information
 1133  on of all previously unreported contributions received and
 1134  expenditures made as of the preceding Friday, except that the
 1135  report filed on the Friday immediately preceding the election
 1136  must shall contain information on of all previously unreported
 1137  contributions received and expenditures made as of the day
 1138  preceding the designated due date; daily reports must contain
 1139  information on all previously unreported contributions received
 1140  as of the preceding day. All such reports are shall be open to
 1141  public inspection.
 1142         (b)1. Any report that is deemed to be incomplete by the
 1143  officer with whom the electioneering communications organization
 1144  files shall be accepted on a conditional basis. The treasurer of
 1145  the electioneering communications organization shall be
 1146  notified, by certified mail or other common carrier that can
 1147  establish proof of delivery for the notice, as to why the report
 1148  is incomplete. Within 7 days after receipt of such notice, the
 1149  treasurer must file an addendum to the report providing all
 1150  information necessary to complete the report in compliance with
 1151  this section. Failure to file a complete report after such
 1152  notice constitutes a violation of this chapter.
 1153         2. Notice is deemed sufficient upon proof of delivery of
 1154  written notice to the mailing or street address of the treasurer
 1155  or registered agent of the electioneering communication
 1156  organization on record with the filing officer.
 1157         (3)(a) Except for daily reports, to which only the
 1158  contribution provisions below apply, each report required by
 1159  this section must contain:
 1160         1. The full name, address, and occupation, if any, of each
 1161  person who has made one or more contributions to or for such
 1162  electioneering communications organization within the reporting
 1163  period, together with the amount and date of such contributions.
 1164  For corporations, the report must provide as clear a description
 1165  as practicable of the principal type of business conducted by
 1166  the corporation. However, if the contribution is $100 or less,
 1167  the occupation of the contributor or the principal type of
 1168  business need not be listed.
 1169         2. The name and address of each political committee from
 1170  which or to which the reporting electioneering communications
 1171  organization made any transfer of funds, together with the
 1172  amounts and dates of all transfers.
 1173         3. Each loan for electioneering communication purposes to
 1174  or from any person or political committee within the reporting
 1175  period, together with the full names, addresses, and occupations
 1176  and principal places of business, if any, of the lender and
 1177  endorsers, if any, and the date and amount of such loans.
 1178         4. A statement of each contribution, rebate, refund, or
 1179  other receipt not otherwise listed under subparagraphs 1.-3.
 1180         5. The total sums of all loans, in-kind contributions, and
 1181  other receipts by or for such electioneering communications
 1182  organization during the reporting period. The reporting forms
 1183  shall be designed to elicit separate totals for in-kind
 1184  contributions, loans, and other receipts.
 1185         6. The full name and address of each person to whom
 1186  expenditures have been made by or on behalf of the
 1187  electioneering communications organization within the reporting
 1188  period and the amount, date, and purpose of each expenditure.
 1189         7. The full name and address of each person to whom an
 1190  expenditure for personal services, salary, or reimbursement for
 1191  expenses has been made and that is not otherwise reported,
 1192  including the amount, date, and purpose of the expenditure.
 1193         8. The total sum of expenditures made by the electioneering
 1194  communications organization during the reporting period.
 1195         9. The amount and nature of debts and obligations owed by
 1196  or to the electioneering communications organization that relate
 1197  to the conduct of any electioneering communication.
 1198         10. Transaction information for each credit card purchase.
 1199  Receipts for each credit card purchase shall be retained by the
 1200  electioneering communications organization.
 1201         11. The amount and nature of any separate interest-bearing
 1202  accounts or certificates of deposit and identification of the
 1203  financial institution in which such accounts or certificates of
 1204  deposit are located.
 1205         12. The primary purposes of an expenditure made indirectly
 1206  through an electioneering communications organization for goods
 1207  and services, such as communications media placement or
 1208  procurement services and other expenditures that include
 1209  multiple components as part of the expenditure. The primary
 1210  purpose of an expenditure shall be that purpose, including
 1211  integral and directly related components, that comprises 80
 1212  percent of such expenditure.
 1213         (b) The filing officer shall make available to any
 1214  electioneering communications organization a reporting form
 1215  which the electioneering communications organization may use to
 1216  indicate contributions received by the electioneering
 1217  communications organization but returned to the contributor
 1218  before deposit.
 1219         (4) The treasurer of the electioneering communications
 1220  organization shall certify as to the correctness of each report,
 1221  and each person so certifying shall bear the responsibility for
 1222  the accuracy and veracity of each report. Any treasurer who
 1223  willfully certifies the correctness of any report while knowing
 1224  that such report is incorrect, false, or incomplete commits a
 1225  misdemeanor of the first degree, punishable as provided in s.
 1226  775.082 or s. 775.083.
 1227         (5) The electioneering communications organization
 1228  depository shall provide statements reflecting deposits and
 1229  expenditures from the account to the treasurer, who shall retain
 1230  the records pursuant to s. 106.06. The records maintained by the
 1231  depository with respect to the account shall be subject to
 1232  inspection by an agent of the Division of Elections or the
 1233  Florida Elections Commission at any time during normal banking
 1234  hours, and such depository shall furnish certified copies of any
 1235  such records to the Division of Elections or the Florida
 1236  Elections Commission upon request.
 1237         (6) Notwithstanding any other provisions of this chapter,
 1238  in any reporting period during which an electioneering
 1239  communications organization has not received funds, made any
 1240  contributions, or expended any reportable funds, the treasurer
 1241  shall file a written report with the filing officer by the
 1242  prescribed reporting date that no reportable contributions or
 1243  expenditures were made during the reporting period.
 1244         (7)(a) Any electioneering communications organization
 1245  failing to file a report on the designated due date shall be
 1246  subject to a fine as provided in paragraph (b) for each late
 1247  day. The fine shall be assessed by the filing officer, and the
 1248  moneys collected shall be deposited:
 1249         1. In the General Revenue Fund, in the case of an
 1250  electioneering communications organization that registers with
 1251  the Division of Elections; or
 1252         2. In the general revenue fund of the political
 1253  subdivision, in the case of an electioneering communications
 1254  organization that registers with an officer of a political
 1255  subdivision.
 1256  
 1257  No separate fine shall be assessed for failure to file a copy of
 1258  any report required by this section.
 1259         (b) Upon determining that a report is late, the filing
 1260  officer shall immediately notify the electioneering
 1261  communications organization as to the failure to file a report
 1262  by the designated due date and that a fine is being assessed for
 1263  each late day. The fine shall be $50 per day for the first 3
 1264  days late and, thereafter, $500 per day for each late day, not
 1265  to exceed 25 percent of the total receipts or expenditures,
 1266  whichever is greater, for the period covered by the late report.
 1267  However, for the reports immediately preceding each primary and
 1268  general election, the fine shall be $500 per day for each late
 1269  day, not to exceed 25 percent of the total receipts or
 1270  expenditures, whichever is greater, for the period covered by
 1271  the late report. Upon receipt of the report, the filing officer
 1272  shall determine the amount of the fine which is due and shall
 1273  notify the electioneering communications organization. The
 1274  filing officer shall determine the amount of the fine due based
 1275  upon the earliest of the following:
 1276         1. When the report is actually received by such officer.
 1277         2. When the report is postmarked.
 1278         3. When the certificate of mailing is dated.
 1279         4. When the receipt from an established courier company is
 1280  dated.
 1281         5. When the electronic receipt issued pursuant to s.
 1282  106.0705 or other electronic filing system authorized in this
 1283  section is dated.
 1284  
 1285  Such fine shall be paid to the filing officer within 20 days
 1286  after receipt of the notice of payment due, unless appeal is
 1287  made to the Florida Elections Commission pursuant to paragraph
 1288  (c). Notice is deemed sufficient upon proof of delivery of
 1289  written notice to the mailing or street address on record with
 1290  the filing officer. An officer or member of an electioneering
 1291  communications organization shall not be personally liable for
 1292  such fine.
 1293         (c) The treasurer of an electioneering communications
 1294  organization may appeal or dispute the fine, based upon, but not
 1295  limited to, unusual circumstances surrounding the failure to
 1296  file on the designated due date, and may request and shall be
 1297  entitled to a hearing before the Florida Elections Commission,
 1298  which shall have the authority to waive the fine in whole or in
 1299  part. The Florida Elections Commission must consider the
 1300  mitigating and aggravating circumstances contained in s.
 1301  106.265(2) when determining the amount of a fine, if any, to be
 1302  waived. Any such request shall be made within 20 days after
 1303  receipt of the notice of payment due. In such case, the
 1304  treasurer of the electioneering communications organization
 1305  shall, within the 20-day period, notify the filing officer in
 1306  writing of his or her intention to bring the matter before the
 1307  commission.
 1308         (d) The appropriate filing officer shall notify the Florida
 1309  Elections Commission of the repeated late filing by an
 1310  electioneering communications organization, the failure of an
 1311  electioneering communications organization to file a report
 1312  after notice, or the failure to pay the fine imposed. The
 1313  commission shall investigate only those alleged late filing
 1314  violations specifically identified by the filing officer and as
 1315  set forth in the notification. Any other alleged violations must
 1316  be stated separately and reported by the division to the
 1317  commission under s. 106.25(2).
 1318         (8) Electioneering communications organizations shall not
 1319  use credit cards.
 1320         Section 12. Section 106.0705, Florida Statutes, is
 1321  reenacted and amended to read:
 1322         106.0705 Electronic filing of campaign treasurer’s
 1323  reports.—
 1324         (1) As used in this section, “electronic filing system”
 1325  means an Internet system for recording and reporting campaign
 1326  finance activity by reporting period.
 1327         (2)(a) Each individual who is required to file reports with
 1328  the division pursuant to s. 106.07 or s. 106.141 must file such
 1329  reports by means of the division’s electronic filing system.
 1330         (b) Each political committee, committee of continuous
 1331  existence, electioneering communications organization,
 1332  affiliated party committee, or state executive committee that is
 1333  required to file reports with the division under s. 106.04, s.
 1334  106.07, s. 106.0703, or s. 106.29, as applicable, must file such
 1335  reports with the division by means of the division’s electronic
 1336  filing system.
 1337         (c) Each person or organization that is required to file
 1338  reports with the division under s. 106.071 must file such
 1339  reports by means of the division’s electronic filing system.
 1340         (3) Reports filed pursuant to this section shall be
 1341  completed and filed through the electronic filing system not
 1342  later than midnight of the day designated. Reports not filed by
 1343  midnight of the day designated are late filed and are subject to
 1344  the penalties under s. 106.04(9), s. 106.07(8), s. 106.0703(7),
 1345  or s. 106.29(3), as applicable.
 1346         (4) Each report filed pursuant to this section is
 1347  considered to be under oath by the candidate and treasurer, the
 1348  chair and treasurer, the treasurer under s. 106.0703, or the
 1349  leader and treasurer under s. 103.092, whichever is applicable,
 1350  and such persons are subject to the provisions of s.
 1351  106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as
 1352  applicable. Persons given a secure sign-on to the electronic
 1353  filing system are responsible for protecting such from
 1354  disclosure and are responsible for all filings using such
 1355  credentials, unless they have notified the division that their
 1356  credentials have been compromised.
 1357         (5) The electronic filing system developed by the division
 1358  must:
 1359         (a) Be based on access by means of the Internet.
 1360         (b) Be accessible by anyone with Internet access using
 1361  standard web-browsing software.
 1362         (c) Provide for direct entry of campaign finance
 1363  information as well as upload of such information from campaign
 1364  finance software certified by the division.
 1365         (d) Provide a method that prevents unauthorized access to
 1366  electronic filing system functions.
 1367         (6) The division shall adopt rules pursuant to ss.
 1368  120.536(1) and 120.54 to administer this section and provide for
 1369  the reports required to be filed pursuant to this section. Such
 1370  rules shall, at a minimum, provide:
 1371         (a) Alternate filing procedures in case the division’s
 1372  electronic filing system is not operable.
 1373         (b) For the issuance of an electronic receipt to the person
 1374  submitting the report indicating and verifying that the report
 1375  has been filed.
 1376         Section 13. Section 106.08, Florida Statutes, is amended to
 1377  read:
 1378         106.08 Contributions; limitations on.—
 1379         (1)(a) Except for political parties or affiliated party
 1380  committees, no person or, political committee, or committee of
 1381  continuous existence may, in any election, make contributions in
 1382  excess of the following amounts: in excess of $500 to any
 1383  candidate for election to or retention in office or to any
 1384  political committee supporting or opposing one or more
 1385  candidates.
 1386         1. To a candidate for statewide office or for retention as
 1387  a justice of the Supreme Court, $3,000. Candidates for the
 1388  offices of Governor and Lieutenant Governor on the same ticket
 1389  are considered a single candidate for the purpose of this
 1390  section.
 1391         2. To a candidate for retention as a judge of a district
 1392  court of appeal; a candidate for legislative office; a candidate
 1393  for multicounty office; a candidate for countywide office or in
 1394  any election conducted on less than a countywide basis; or a
 1395  candidate for county court judge or circuit judge, $1,000.
 1396         (b)1. The contribution limits provided in this subsection
 1397  do not apply to contributions made by a state or county
 1398  executive committee of a political party or affiliated party
 1399  committee regulated by chapter 103 or to amounts contributed by
 1400  a candidate to his or her own campaign.
 1401         2. Notwithstanding the limits provided in this subsection,
 1402  an unemancipated child under the age of 18 years of age may not
 1403  make a contribution in excess of $100 to any candidate or to any
 1404  political committee supporting one or more candidates.
 1405         (c) The contribution limits of this subsection apply to
 1406  each election. For purposes of this subsection, the primary
 1407  election and general election are separate elections so long as
 1408  the candidate is not an unopposed candidate as defined in s.
 1409  106.011 106.011(15). However, for the purpose of contribution
 1410  limits with respect to candidates for retention as a justice or
 1411  judge, there is only one election, which is the general
 1412  election.
 1413         (2)(a) A candidate may not accept contributions from a
 1414  county executive committee of a political party whose
 1415  contributions in the aggregate exceed $50,000, or from the
 1416  national or, state, or county executive committees of a
 1417  political party, including any subordinate committee of such
 1418  political party or affiliated party committees, whose which
 1419  contributions in the aggregate exceed $50,000.
 1420         (b) A candidate for statewide office may not accept
 1421  contributions from national, state, or county executive
 1422  committees of a political party, including any subordinate
 1423  committee of the political party, or affiliated party
 1424  committees, which contributions in the aggregate exceed
 1425  $250,000. Polling services, research services, costs for
 1426  campaign staff, professional consulting services, and telephone
 1427  calls are not contributions to be counted toward the
 1428  contribution limits of paragraph (a) or this paragraph. Any item
 1429  not expressly identified in this paragraph as nonallocable is a
 1430  contribution in an amount equal to the fair market value of the
 1431  item and must be counted as allocable toward the contribution
 1432  limits of paragraph (a) or this paragraph. Nonallocable, in-kind
 1433  contributions must be reported by the candidate under s. 106.07
 1434  and by the political party or affiliated party committee under
 1435  s. 106.29.
 1436         (3)(a) Any contribution received by a candidate with
 1437  opposition in an election or by the campaign treasurer or a
 1438  deputy campaign treasurer of such a candidate on the day of that
 1439  election or less than 5 days before prior to the day of that
 1440  election must be returned by him or her to the person or
 1441  committee contributing it and may not be used or expended by or
 1442  on behalf of the candidate.
 1443         (b) Any contribution received by a candidate or by the
 1444  campaign treasurer or a deputy campaign treasurer of a candidate
 1445  after the date at which the candidate withdraws his or her
 1446  candidacy, or after the date the candidate is defeated, becomes
 1447  unopposed, or is elected to office must be returned to the
 1448  person or committee contributing it and may not be used or
 1449  expended by or on behalf of the candidate.
 1450         (4) Any contribution received by the chair, campaign
 1451  treasurer, or deputy campaign treasurer of a political committee
 1452  supporting or opposing a candidate with opposition in an
 1453  election or supporting or opposing an issue on the ballot in an
 1454  election on the day of that election or less than 5 days before
 1455  prior to the day of that election may not be obligated or
 1456  expended by the committee until after the date of the election.
 1457         (5)(a) A person may not make any contribution through or in
 1458  the name of another, directly or indirectly, in any election.
 1459         (b) Candidates, political committees, affiliated party
 1460  committees, and political parties may not solicit contributions
 1461  from any religious, charitable, civic, or other causes or
 1462  organizations established primarily for the public good.
 1463         (c) Candidates, political committees, affiliated party
 1464  committees, and political parties may not make contributions, in
 1465  exchange for political support, to any religious, charitable,
 1466  civic, or other cause or organization established primarily for
 1467  the public good. It is not a violation of this paragraph for:
 1468         1. A candidate, political committee, affiliated party
 1469  committee, or political party executive committee to make gifts
 1470  of money in lieu of flowers in memory of a deceased person;
 1471         2. A candidate to continue membership in, or make regular
 1472  donations from personal or business funds to, religious,
 1473  political party, affiliated party committee, civic, or
 1474  charitable groups of which the candidate is a member or to which
 1475  the candidate has been a regular donor for more than 6 months;
 1476  or
 1477         3. A candidate to purchase, with campaign funds, tickets,
 1478  admission to events, or advertisements from religious, civic,
 1479  political party, affiliated party committee, or charitable
 1480  groups.
 1481         (6)(a) A political party or affiliated party committee may
 1482  not accept any contribution that has been specifically
 1483  designated for the partial or exclusive use of a particular
 1484  candidate. Any contribution so designated must be returned to
 1485  the contributor and may not be used or expended by or on behalf
 1486  of the candidate. Funds contributed to an affiliated party
 1487  committee may shall not be deemed as designated for the partial
 1488  or exclusive use of a leader as defined in s. 103.092.
 1489         (b)1. A political party or affiliated party committee may
 1490  not accept any in-kind contribution that fails to provide a
 1491  direct benefit to the political party or affiliated party
 1492  committee. A “direct benefit” includes, but is not limited to,
 1493  fundraising or furthering the objectives of the political party
 1494  or affiliated party committee.
 1495         2.a. An in-kind contribution to a state political party may
 1496  be accepted only by the chairperson of the state political party
 1497  or by the chairperson’s designee or designees whose names are on
 1498  file with the division in a form acceptable to the division
 1499  before prior to the date of the written notice required in sub
 1500  subparagraph b. An in-kind contribution to a county political
 1501  party may be accepted only by the chairperson of the county
 1502  political party or by the county chairperson’s designee or
 1503  designees whose names are on file with the supervisor of
 1504  elections of the respective county before prior to the date of
 1505  the written notice required in sub-subparagraph b. An in-kind
 1506  contribution to an affiliated party committee may be accepted
 1507  only by the leader of the affiliated party committee as defined
 1508  in s. 103.092 or by the leader’s designee or designees whose
 1509  names are on file with the division in a form acceptable to the
 1510  division before prior to the date of the written notice required
 1511  in sub-subparagraph b.
 1512         b. A person making an in-kind contribution to a state or
 1513  county political party or affiliated party committee must
 1514  provide prior written notice of the contribution to a person
 1515  described in sub-subparagraph a. The prior written notice must
 1516  be signed and dated and may be provided by an electronic or
 1517  facsimile message. However, prior written notice is not required
 1518  for an in-kind contribution that consists of food and beverage
 1519  in an aggregate amount not exceeding $1,500 which is consumed at
 1520  a single sitting or event if such in-kind contribution is
 1521  accepted in advance by a person specified in sub-subparagraph a.
 1522         c. A person described in sub-subparagraph a. may accept an
 1523  in-kind contribution requiring prior written notice only in a
 1524  writing that is dated before the in-kind contribution is made.
 1525  Failure to obtain the required written acceptance of an in-kind
 1526  contribution to a state or county political party or affiliated
 1527  party committee constitutes a refusal of the contribution.
 1528         d. A copy of each prior written acceptance required under
 1529  sub-subparagraph c. must be filed at the time the regular
 1530  reports of contributions and expenditures required under s.
 1531  106.29 are filed by the state executive committee, county
 1532  executive committee, and affiliated party committee. A state
 1533  executive committee and an affiliated party committee must file
 1534  with the division. A county executive committee must file with
 1535  the county’s supervisor of elections.
 1536         e. An in-kind contribution may not be given to a state or
 1537  county political party or affiliated party committee unless the
 1538  in-kind contribution is made as provided in this subparagraph.
 1539         (7)(a) Any person who knowingly and willfully makes or
 1540  accepts no more than one contribution in violation of subsection
 1541  (1) or subsection (5), or any person who knowingly and willfully
 1542  fails or refuses to return any contribution as required in
 1543  subsection (3), commits a misdemeanor of the first degree,
 1544  punishable as provided in s. 775.082 or s. 775.083. If any
 1545  corporation, partnership, or other business entity or any
 1546  political party, affiliated party committee, political
 1547  committee, committee of continuous existence, or electioneering
 1548  communications organization is convicted of knowingly and
 1549  willfully violating any provision punishable under this
 1550  paragraph, it shall be fined not less than $1,000 and not more
 1551  than $10,000. If it is a domestic entity, it may be ordered
 1552  dissolved by a court of competent jurisdiction; if it is a
 1553  foreign or nonresident business entity, its right to do business
 1554  in this state may be forfeited. Any officer, partner, agent,
 1555  attorney, or other representative of a corporation, partnership,
 1556  or other business entity, or of a political party, affiliated
 1557  party committee, political committee, committee of continuous
 1558  existence, electioneering communications organization, or
 1559  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1560  of the Internal Revenue Code, who aids, abets, advises, or
 1561  participates in a violation of any provision punishable under
 1562  this paragraph commits a misdemeanor of the first degree,
 1563  punishable as provided in s. 775.082 or s. 775.083.
 1564         (b) Any person who knowingly and willfully makes or accepts
 1565  two or more contributions in violation of subsection (1) or
 1566  subsection (5) commits a felony of the third degree, punishable
 1567  as provided in s. 775.082, s. 775.083, or s. 775.084. If any
 1568  corporation, partnership, or other business entity or any
 1569  political party, affiliated party committee, political
 1570  committee, committee of continuous existence, or electioneering
 1571  communications organization is convicted of knowingly and
 1572  willfully violating any provision punishable under this
 1573  paragraph, it shall be fined not less than $10,000 and not more
 1574  than $50,000. If it is a domestic entity, it may be ordered
 1575  dissolved by a court of competent jurisdiction; if it is a
 1576  foreign or nonresident business entity, its right to do business
 1577  in this state may be forfeited. Any officer, partner, agent,
 1578  attorney, or other representative of a corporation, partnership,
 1579  or other business entity, or of a political committee, committee
 1580  of continuous existence, political party, affiliated party
 1581  committee, or electioneering communications organization, or
 1582  organization exempt from taxation under s. 527 or s. 501(c)(4)
 1583  of the Internal Revenue Code, who aids, abets, advises, or
 1584  participates in a violation of any provision punishable under
 1585  this paragraph commits a felony of the third degree, punishable
 1586  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1587         (8) Except when otherwise provided in subsection (7), any
 1588  person who knowingly and willfully violates any provision of
 1589  this section shall, in addition to any other penalty prescribed
 1590  by this chapter, pay to the state a sum equal to twice the
 1591  amount contributed in violation of this chapter. Each campaign
 1592  treasurer shall pay all amounts contributed in violation of this
 1593  section to the state for deposit in the General Revenue Fund.
 1594         (9) This section does not apply to the transfer of funds
 1595  between a primary campaign depository and a savings account or
 1596  certificate of deposit or to any interest earned on such account
 1597  or certificate.
 1598         (10) Contributions to a political committee or committee of
 1599  continuous existence may be received by an affiliated
 1600  organization and transferred to the bank account of the
 1601  political committee or committee of continuous existence via
 1602  check written from the affiliated organization if such
 1603  contributions are specifically identified as intended to be
 1604  contributed to the political committee or committee of
 1605  continuous existence. All contributions received in this manner
 1606  shall be reported pursuant to s. 106.07 by the political
 1607  committee or committee of continuous existence as having been
 1608  made by the original contributor.
 1609         Section 14. Section 106.11, Florida Statutes, is reenacted
 1610  and amended to read:
 1611         106.11 Expenses of and expenditures by candidates and
 1612  political committees.—Each candidate and each political
 1613  committee which designates a primary campaign depository
 1614  pursuant to s. 106.021(1) shall make expenditures from funds on
 1615  deposit in such primary campaign depository only in the
 1616  following manner, with the exception of expenditures made from
 1617  petty cash funds provided by s. 106.12:
 1618         (1)(a) The campaign treasurer or deputy campaign treasurer
 1619  of a candidate or political committee shall make expenditures
 1620  from funds on deposit in the primary campaign depository only by
 1621  means of a bank check drawn upon the campaign account of the
 1622  candidate or political committee. The campaign account shall be
 1623  separate from any personal or other account and shall be used
 1624  only for the purpose of depositing contributions and making
 1625  expenditures for the candidate or political committee.
 1626         (b) The checks for such account shall contain, as a
 1627  minimum, the following information:
 1628         1. The statement “...(name of the campaign account of the
 1629  candidate or political committee.)... Campaign Account.”
 1630         2. The account number and the name of the bank.
 1631         3. The exact amount of the expenditure.
 1632         4. The signature of the campaign treasurer or deputy
 1633  treasurer.
 1634         5. The exact purpose for which the expenditure is
 1635  authorized.
 1636         6. The name of the payee.
 1637         (2)(a) For purposes of this section, debit cards are
 1638  considered bank checks, if:
 1639         1. Debit cards are obtained from the same bank that has
 1640  been designated as the candidate’s or political committee’s
 1641  primary campaign depository.
 1642         2. Debit cards are issued in the name of the treasurer,
 1643  deputy treasurer, or authorized user and contain the state
 1644  “...(name of the campaign account of the candidate or political
 1645  committee.)... Campaign Account.”
 1646         3. No more than three debit cards are requested and issued.
 1647         4. The person using the debit card does not receive cash as
 1648  part of, or independent of, any transaction for goods or
 1649  services.
 1650         5. All receipts for debit card transactions contain:
 1651         a. The last four digits of the debit card number.
 1652         b. The exact amount of the expenditure.
 1653         c. The name of the payee.
 1654         d. The signature of the campaign treasurer, deputy
 1655  treasurer, or authorized user.
 1656         e. The exact purpose for which the expenditure is
 1657  authorized.
 1658  
 1659  Any information required by this subparagraph but not included
 1660  on the debit card transaction receipt may be handwritten on, or
 1661  attached to, the receipt by the authorized user before
 1662  submission to the treasurer.
 1663         (b) Debit cards are not subject to the requirements of
 1664  paragraph (1)(b).
 1665         (3) The campaign treasurer, deputy treasurer, or authorized
 1666  user who signs the check shall be responsible for the
 1667  completeness and accuracy of the information on such check and
 1668  for insuring that such expenditure is an authorized expenditure.
 1669         (4) No candidate, campaign manager, treasurer, deputy
 1670  treasurer, or political committee or any officer or agent
 1671  thereof, or any person acting on behalf of any of the foregoing,
 1672  shall authorize any expenses, nor shall any campaign treasurer
 1673  or deputy treasurer sign a check drawn on the primary campaign
 1674  account for any purpose, unless there are sufficient funds on
 1675  deposit in the primary depository account of the candidate or
 1676  political committee to pay the full amount of the authorized
 1677  expense, to honor all other checks drawn on such account, which
 1678  checks are outstanding, and to meet all expenses previously
 1679  authorized but not yet paid. However, an expense may be incurred
 1680  for the purchase of goods or services if there are sufficient
 1681  funds on deposit in the primary depository account to pay the
 1682  full amount of the incurred expense, to honor all checks drawn
 1683  on such account, which checks are outstanding, and to meet all
 1684  other expenses previously authorized but not yet paid, provided
 1685  that payment for such goods or services is made upon final
 1686  delivery and acceptance of the goods or services; and an
 1687  expenditure from petty cash pursuant to the provisions of s.
 1688  106.12 may be authorized, if there is a sufficient amount of
 1689  money in the petty cash fund to pay for such expenditure.
 1690  Payment for credit card purchases shall be made pursuant to s.
 1691  106.125. Any expense incurred or authorized in excess of such
 1692  funds on deposit shall, in addition to other penalties provided
 1693  by law, constitute a violation of this chapter. As used in this
 1694  subsection, the term “sufficient funds on deposit in the primary
 1695  depository account of the candidate or political committee”
 1696  means that the funds at issue have been delivered for deposit to
 1697  the financial institution at which such account is maintained.
 1698  The term shall not be construed to mean that such funds are
 1699  available for withdrawal in accordance with the deposit rules or
 1700  the funds availability policies of such financial institution.
 1701         (5) A candidate who withdraws his or her candidacy, becomes
 1702  an unopposed candidate, or is eliminated as a candidate or
 1703  elected to office may expend funds from the campaign account to:
 1704         (a) Purchase “thank you” advertising for up to 75 days
 1705  after he or she withdraws, becomes unopposed, or is eliminated
 1706  or elected.
 1707         (b) Pay for items which were obligated before he or she
 1708  withdrew, became unopposed, or was eliminated or elected.
 1709         (c) Pay for expenditures necessary to close down the
 1710  campaign office and to prepare final campaign reports.
 1711         (d) Dispose of surplus funds as provided in s. 106.141.
 1712         (6) A candidate who makes a loan to his or her campaign and
 1713  reports the loan as required by s. 106.07 may be reimbursed for
 1714  the loan at any time the campaign account has sufficient funds
 1715  to repay the loan and satisfy its other obligations.
 1716         Section 15. Section 106.141, Florida Statutes, is amended
 1717  to read:
 1718         106.141 Disposition of surplus funds by candidates.—
 1719         (1) Except as provided in subsection (6), each candidate
 1720  who withdraws his or her candidacy, becomes an unopposed
 1721  candidate, or is eliminated as a candidate or elected to office
 1722  shall, within 90 days, dispose of the funds on deposit in his or
 1723  her campaign account and file a report reflecting the
 1724  disposition of all remaining funds. Such candidate may shall not
 1725  accept any contributions, nor may shall any person accept
 1726  contributions on behalf of such candidate, after the candidate
 1727  withdraws his or her candidacy, becomes unopposed, or is
 1728  eliminated or elected. However, if a candidate receives a refund
 1729  check after all surplus funds have been disposed of, the check
 1730  may be endorsed by the candidate and the refund disposed of
 1731  under this section. An amended report must be filed showing the
 1732  refund and subsequent disposition.
 1733         (2) Any candidate required to dispose of funds pursuant to
 1734  this section may, before prior to such disposition, be
 1735  reimbursed by the campaign, in full or in part, for any reported
 1736  contributions by the candidate to the campaign.
 1737         (3) The campaign treasurer of a candidate who withdraws his
 1738  or her candidacy, becomes unopposed, or is eliminated as a
 1739  candidate or elected to office and who has funds on deposit in a
 1740  separate interest-bearing account or certificate of deposit
 1741  shall, within 7 days after the date of becoming unopposed or the
 1742  date of such withdrawal, elimination, or election, transfer such
 1743  funds and the accumulated interest earned thereon to the
 1744  campaign account of the candidate for disposal under this
 1745  section. However, if the funds are in an account in which
 1746  penalties will apply for withdrawal within the 7-day period, the
 1747  campaign treasurer shall transfer such funds and the accumulated
 1748  interest earned thereon as soon as the funds can be withdrawn
 1749  without penalty, or within 90 days after the candidate becomes
 1750  unopposed, withdraws his or her candidacy, or is eliminated or
 1751  elected, whichever comes first.
 1752         (4)(a) Except as provided in paragraph (b), any candidate
 1753  required to dispose of funds pursuant to this section shall, at
 1754  the option of the candidate, dispose of such funds by any of the
 1755  following means, or any combination thereof:
 1756         1. Return pro rata to each contributor the funds that have
 1757  not been spent or obligated.
 1758         2. Donate the funds that have not been spent or obligated
 1759  to a charitable organization or organizations that meet the
 1760  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 1761         3. Give not more than $25,000 of the funds that have not
 1762  been spent or obligated to the affiliated party committee or
 1763  political party of which such candidate is a member.
 1764         4. Give the funds that have not been spent or obligated:
 1765         a. In the case of a candidate for state office, to the
 1766  state, to be deposited in either the Election Campaign Financing
 1767  Trust Fund or the General Revenue Fund, as designated by the
 1768  candidate; or
 1769         b. In the case of a candidate for an office of a political
 1770  subdivision, to such political subdivision, to be deposited in
 1771  the general fund thereof.
 1772         (b) Any candidate required to dispose of funds pursuant to
 1773  this section who has received contributions pursuant to the
 1774  Florida Election Campaign Financing Act shall, after all
 1775  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
 1776  been met, return all surplus campaign funds to the General
 1777  Revenue Fund.
 1778         (5) A candidate elected to office or a candidate who will
 1779  be elected to office by virtue of his or her being unopposed
 1780  may, in addition to the disposition methods provided in
 1781  subsection (4), transfer from the campaign account to an office
 1782  account any amount of the funds on deposit in such campaign
 1783  account up to:
 1784         (a) Fifty Twenty thousand dollars, for a candidate for
 1785  statewide office. The Governor and Lieutenant Governor shall be
 1786  considered separate candidates for the purpose of this section.
 1787         (b) Ten Five thousand dollars, for a candidate for
 1788  multicounty office.
 1789         (c) Ten Five thousand dollars multiplied by the number of
 1790  years in the term of office for which elected, for a candidate
 1791  for legislative office.
 1792         (d) Five thousand Two thousand five hundred dollars
 1793  multiplied by the number of years in the term of office for
 1794  which elected, for a candidate for county office or for a
 1795  candidate in any election conducted on less than a countywide
 1796  basis.
 1797         (e) Six thousand dollars, for a candidate for retention as
 1798  a justice of the Supreme Court.
 1799         (f) Three thousand dollars, for a candidate for retention
 1800  as a judge of a district court of appeal.
 1801         (g) Three thousand One thousand five hundred dollars, for a
 1802  candidate for county court judge or circuit judge.
 1803  
 1804  The office account established pursuant to this subsection shall
 1805  be separate from any personal or other account. Any funds so
 1806  transferred by a candidate shall be used only for legitimate
 1807  expenses in connection with the candidate’s public office. Such
 1808  expenses may include travel expenses incurred by the officer or
 1809  a staff member;, personal taxes payable on office account funds
 1810  by the candidate or elected public official; professional
 1811  services provided by a certified public accountant or attorney
 1812  for preparation of the elected public official’s financial
 1813  disclosure filing pursuant to s. 112.3144 or s. 112.3145; costs
 1814  to prepare, print, produce, and mail holiday cards or
 1815  newsletters about the elected public official’s public business
 1816  to constituents if such correspondence does not constitute a
 1817  political advertisement, independent expenditure, or
 1818  electioneering communication as provided in s. 106.011; fees or
 1819  dues to religious, civic, or charitable organizations of which
 1820  the elected public official is a member; items of modest value
 1821  such as flowers, greeting cards, or personal notes given as a
 1822  substitute for, or in association with, an elected public
 1823  official’s personal attendance at a constituent’s special event
 1824  or family occasion, such as the birth of a child, graduation,
 1825  wedding, or funeral; personal expenses incurred by the elected
 1826  public official in connection with attending a constituent
 1827  meeting or event where public policy is discussed, if such
 1828  meetings or events are limited to no more than once a week;, or
 1829  expenses incurred in the operation of the elected public
 1830  official’s his or her office, including the employment of
 1831  additional staff. The funds may be deposited in a savings
 1832  account; however, all deposits, withdrawals, and interest earned
 1833  thereon shall be reported at the appropriate reporting period.
 1834  If a candidate is reelected to office or elected to another
 1835  office and has funds remaining in his or her office account, he
 1836  or she may transfer surplus campaign funds to the office
 1837  account. At no time may the funds in the office account exceed
 1838  the limitation imposed by this subsection. Upon leaving public
 1839  office, any person who has funds in an office account pursuant
 1840  to this subsection remaining on deposit shall use such funds to
 1841  pay for professional services provided by a certified public
 1842  accountant or attorney for preparation of the elected public
 1843  official’s final financial disclosure filing pursuant to s.
 1844  112.3144 or s. 112.3145, or give such funds to a charitable
 1845  organization that meets or organizations which meet the
 1846  requirements of s. 501(c)(3) of the Internal Revenue Code or, in
 1847  the case of a state officer, to the state to be deposited in the
 1848  General Revenue Fund or, in the case of an officer of a
 1849  political subdivision, to the political subdivision to be
 1850  deposited in the general fund thereof.
 1851         (6)(a) For purposes of this subsection, the term “same
 1852  office” with respect to legislative office means an office in
 1853  the same legislative body, irrespective of district number or
 1854  designation or geographic boundary.
 1855         (b) A candidate elected to state office or a candidate who
 1856  will be elected to state office by virtue of his or her being
 1857  unopposed after candidate qualifying ends, may retain up to
 1858  $20,000 in his or her campaign account, or in an interest
 1859  bearing account or certificate of deposit, for use in his or her
 1860  next campaign for the same office, in addition to the
 1861  disposition methods provided in subsections (4) and (5). All
 1862  requirements applicable to candidate campaign accounts under
 1863  this chapter, including disclosure requirements applicable to
 1864  candidate campaign accounts, limitations on expenditures, and
 1865  limitations on contributions, apply to any retained funds.
 1866         (c) If a candidate who has retained funds under this
 1867  subsection does not qualify as a candidate for reelection to the
 1868  same office, all retained funds shall be disposed of as
 1869  otherwise required by this section or s. 106.11(5) within 90
 1870  days after the last day of candidate qualifying for that office.
 1871  Requirements in this section applicable to the disposal of
 1872  surplus funds, including reporting requirements, are applicable
 1873  to the disposal of retained funds.
 1874         (7)(6)Before Prior to disposing of funds pursuant to
 1875  subsection (4), or transferring funds into an office account
 1876  pursuant to subsection (5), or retaining funds for reelection
 1877  pursuant to subsection (6), any candidate who filed an oath
 1878  stating that he or she was unable to pay the election assessment
 1879  or fee for verification of petition signatures without imposing
 1880  an undue burden on his or her personal resources or on resources
 1881  otherwise available to him or her, or who filed both such oaths,
 1882  or who qualified by the petition process and was not required to
 1883  pay an election assessment, shall reimburse the state or local
 1884  governmental entity, whichever is applicable, for such waived
 1885  assessment or fee or both. Such reimbursement shall be made
 1886  first for the cost of petition verification and then, if funds
 1887  are remaining, for the amount of the election assessment. If
 1888  there are insufficient funds in the account to pay the full
 1889  amount of either the assessment or the fee or both, the
 1890  remaining funds shall be disbursed in the above manner until no
 1891  funds remain. All funds disbursed pursuant to this subsection
 1892  shall be remitted to the qualifying officer. Any reimbursement
 1893  for petition verification costs which are reimbursable by the
 1894  state shall be forwarded by the qualifying officer to the state
 1895  for deposit in the General Revenue Fund. All reimbursements for
 1896  the amount of the election assessment shall be forwarded by the
 1897  qualifying officer to the Department of State for deposit in the
 1898  General Revenue Fund.
 1899         (8)(a)(7)(a) Any candidate required to dispose of campaign
 1900  funds pursuant to this section shall do so within the time
 1901  required by this section and shall, on or before the date by
 1902  which such disposition is to have been made, shall file with the
 1903  officer with whom reports are required to be filed pursuant to
 1904  s. 106.07 a form prescribed by the Division of Elections
 1905  listing:
 1906         1. The name and address of each person or unit of
 1907  government to whom any of the funds were distributed and the
 1908  amounts thereof;
 1909         2. The name and address of each person to whom an
 1910  expenditure was made, together with the amount thereof and
 1911  purpose therefor; and
 1912         3. The amount of such funds transferred to an office
 1913  account by the candidate, together with the name and address of
 1914  the bank, savings and loan association, or credit union in which
 1915  the office account is located; and
 1916         4. The amount of such funds retained pursuant to subsection
 1917  (6), together with the name and address of the bank, savings and
 1918  loan association, or credit union in which the retained funds
 1919  are located.
 1920  
 1921  Such report shall be signed by the candidate and the campaign
 1922  treasurer and certified as true and correct pursuant to s.
 1923  106.07.
 1924         (b) The filing officer shall notify each candidate at least
 1925  14 days before the date the report is due.
 1926         (c) Any candidate failing to file a report on the
 1927  designated due date shall be subject to a fine as provided in s.
 1928  106.07 for submitting late termination reports.
 1929         (9)(8) Any candidate elected to office who transfers
 1930  surplus campaign funds into an office account pursuant to
 1931  subsection (5) shall file a report on the 10th day following the
 1932  end of each calendar quarter until the account is closed. Such
 1933  reports shall contain the name and address of each person to
 1934  whom any disbursement of funds was made, together with the
 1935  amount thereof and the purpose therefor, and the name and
 1936  address of any person from whom the elected candidate received
 1937  any refund or reimbursement and the amount thereof. Such reports
 1938  shall be on forms prescribed by the Division of Elections,
 1939  signed by the elected candidate, certified as true and correct,
 1940  and filed with the officer with whom campaign reports were filed
 1941  pursuant to s. 106.07(2).
 1942         (10)(9) Any candidate, or any person on behalf of a
 1943  candidate, who accepts contributions after such candidate has
 1944  withdrawn his or her candidacy, after the candidate has become
 1945  an unopposed candidate, or after the candidate has been
 1946  eliminated as a candidate or elected to office commits a
 1947  misdemeanor of the first degree, punishable as provided in s.
 1948  775.082 or s. 775.083.
 1949         (11)(10) Any candidate who is required by the provisions of
 1950  this section to dispose of funds in his or her campaign account
 1951  and who fails to dispose of the funds in the manner provided in
 1952  this section commits a misdemeanor of the first degree,
 1953  punishable as provided in s. 775.082 or s. 775.083.
 1954         Section 16. By December 1, 2013, the Division of Elections
 1955  shall submit a proposal to the President of the Senate and the
 1956  Speaker of the House of Representatives for a mandatory
 1957  statewide electronic filing system for all state and local
 1958  campaign filings required by s. 106.07, s. 106.0703, or s.
 1959  106.29.
 1960         Section 17. Subsection (3) of section 101.62, Florida
 1961  Statutes, is amended to read:
 1962         101.62 Request for absentee ballots.—
 1963         (3) For each request for an absentee ballot received, the
 1964  supervisor shall record the date the request was made, the date
 1965  the absentee ballot was delivered to the voter or the voter’s
 1966  designee or the date the absentee ballot was delivered to the
 1967  post office or other carrier, the date the ballot was received
 1968  by the supervisor, and such other information he or she may deem
 1969  necessary. This information shall be provided in electronic
 1970  format as provided by rule adopted by the division. The
 1971  information shall be updated and made available no later than 8
 1972  a.m. of each day, including weekends, beginning 60 days before
 1973  the primary until 15 days after the general election and shall
 1974  be contemporaneously provided to the division. This information
 1975  shall be confidential and exempt from the provisions of s.
 1976  119.07(1) and shall be made available to or reproduced only for
 1977  the voter requesting the ballot, a canvassing board, an election
 1978  official, a political party or official thereof, a candidate who
 1979  has filed qualification papers and is opposed in an upcoming
 1980  election, and registered political committees or registered
 1981  committees of continuous existence, for political purposes only.
 1982         Section 18. Paragraph (a) of subsection (4) of section
 1983  102.031, Florida Statutes, is amended to read:
 1984         102.031 Maintenance of good order at polls; authorities;
 1985  persons allowed in polling rooms and early voting areas;
 1986  unlawful solicitation of voters.—
 1987         (4)(a) No person, political committee, committee of
 1988  continuous existence, or other group or organization may solicit
 1989  voters inside the polling place or within 100 feet of the
 1990  entrance to any polling place, or polling room where the polling
 1991  place is also a polling room, or early voting site. Before the
 1992  opening of the polling place or early voting site, the clerk or
 1993  supervisor shall designate the no-solicitation zone and mark the
 1994  boundaries.
 1995         Section 19. Subsection (2) of section 106.087, Florida
 1996  Statutes, is amended to read:
 1997         106.087 Independent expenditures; contribution limits;
 1998  restrictions on political parties and, political committees, and
 1999  committees of continuous existence.—
 2000         (2)(a) Any political committee or committee of continuous
 2001  existence that accepts the use of public funds, equipment,
 2002  personnel, or other resources to collect dues from its members
 2003  agrees not to make independent expenditures in support of or
 2004  opposition to a candidate or elected public official. However,
 2005  expenditures may be made for the sole purpose of jointly
 2006  endorsing three or more candidates.
 2007         (b) Any political committee or committee of continuous
 2008  existence that violates this subsection is liable for a civil
 2009  fine of up to $5,000 to be determined by the Florida Elections
 2010  Commission or the entire amount of the expenditures, whichever
 2011  is greater.
 2012         Section 20. Subsection (3) of section 106.12, Florida
 2013  Statutes, is amended to read:
 2014         106.12 Petty cash funds allowed.—
 2015         (3) The petty cash fund so provided may shall be spent only
 2016  in amounts less than $100 and only for office supplies,
 2017  transportation expenses, and other necessities. Petty cash may
 2018  shall not be used for the purchase of time, space, or services
 2019  from communications media as defined in s. 106.011 106.011(13).
 2020         Section 21. Paragraph (b) of subsection (3) of section
 2021  106.147, Florida Statutes, is amended to read:
 2022         106.147 Telephone solicitation; disclosure requirements;
 2023  prohibitions; exemptions; penalties.—
 2024         (3)
 2025         (b) For purposes of paragraph (a), the term “person”
 2026  includes any candidate; any officer of any political committee,
 2027  committee of continuous existence, affiliated party committee,
 2028  or political party executive committee; any officer, partner,
 2029  attorney, or other representative of a corporation, partnership,
 2030  or other business entity; and any agent or other person acting
 2031  on behalf of any candidate, political committee, committee of
 2032  continuous existence, affiliated party committee, political
 2033  party executive committee, or corporation, partnership, or other
 2034  business entity.
 2035         Section 22. Section 106.17, Florida Statutes, is amended to
 2036  read:
 2037         106.17 Polls and surveys relating to candidacies.—Any
 2038  candidate, political committee, committee of continuous
 2039  existence, electioneering communication organization, affiliated
 2040  party committee, or state or county executive committee of a
 2041  political party may authorize or conduct a political poll,
 2042  survey, index, or measurement of any kind relating to candidacy
 2043  for public office so long as the candidate, political committee,
 2044  committee of continuous existence, electioneering communication
 2045  organization, affiliated party committee, or political party
 2046  maintains complete jurisdiction over the poll in all its
 2047  aspects. State and county executive committees of a political
 2048  party or an affiliated party committee may authorize and conduct
 2049  political polls for the purpose of determining the viability of
 2050  potential candidates. Such poll results may be shared with
 2051  potential candidates, and expenditures incurred by state and
 2052  county executive committees or an affiliated party committee for
 2053  potential candidate polls are not contributions to the potential
 2054  candidates.
 2055         Section 23. Subsection (2) of section 106.23, Florida
 2056  Statutes, is amended to read:
 2057         106.23 Powers of the Division of Elections.—
 2058         (2) The Division of Elections shall provide advisory
 2059  opinions when requested by any supervisor of elections,
 2060  candidate, local officer having election-related duties,
 2061  political party, affiliated party committee, political
 2062  committee, committee of continuous existence, or other person or
 2063  organization engaged in political activity, relating to any
 2064  provisions or possible violations of Florida election laws with
 2065  respect to actions such supervisor, candidate, local officer
 2066  having election-related duties, political party, affiliated
 2067  party committee, committee, person, or organization has taken or
 2068  proposes to take. Requests for advisory opinions must be
 2069  submitted in accordance with rules adopted by the Department of
 2070  State. A written record of all such opinions issued by the
 2071  division, sequentially numbered, dated, and indexed by subject
 2072  matter, shall be retained. A copy shall be sent to said person
 2073  or organization upon request. Any such person or organization,
 2074  acting in good faith upon such an advisory opinion, shall not be
 2075  subject to any criminal penalty provided for in this chapter.
 2076  The opinion, until amended or revoked, shall be binding on any
 2077  person or organization who sought the opinion or with reference
 2078  to whom the opinion was sought, unless material facts were
 2079  omitted or misstated in the request for the advisory opinion.
 2080         Section 24. Subsections (2) and (3) of section 106.265,
 2081  Florida Statutes, are amended to read:
 2082         106.265 Civil penalties.—
 2083         (2) In determining the amount of such civil penalties, the
 2084  commission or administrative law judge shall consider, among
 2085  other mitigating and aggravating circumstances:
 2086         (a) The gravity of the act or omission;
 2087         (b) Any previous history of similar acts or omissions;
 2088         (c) The appropriateness of such penalty to the financial
 2089  resources of the person, political committee, committee of
 2090  continuous existence, affiliated party committee, electioneering
 2091  communications organization, or political party; and
 2092         (d) Whether the person, political committee, committee of
 2093  continuous existence, affiliated party committee, electioneering
 2094  communications organization, or political party has shown good
 2095  faith in attempting to comply with the provisions of this
 2096  chapter or chapter 104.
 2097         (3) If any person, political committee, committee of
 2098  continuous existence, affiliated party committee, electioneering
 2099  communications organization, or political party fails or refuses
 2100  to pay to the commission any civil penalties assessed pursuant
 2101  to the provisions of this section, the commission shall be
 2102  responsible for collecting the civil penalties resulting from
 2103  such action.
 2104         Section 25. Subsection (2) of section 106.27, Florida
 2105  Statutes, is amended to read:
 2106         106.27 Determinations by commission; legal disposition.—
 2107         (2) Civil actions may be brought by the commission for
 2108  relief, including permanent or temporary injunctions,
 2109  restraining orders, or any other appropriate order for the
 2110  imposition of civil penalties provided by this chapter. Such
 2111  civil actions shall be brought by the commission in the
 2112  appropriate court of competent jurisdiction, and the venue shall
 2113  be in the county in which the alleged violation occurred or in
 2114  which the alleged violator or violators are found, reside, or
 2115  transact business. Upon a proper showing that such person,
 2116  political committee, committee of continuous existence,
 2117  affiliated party committee, or political party has engaged, or
 2118  is about to engage, in prohibited acts or practices, a permanent
 2119  or temporary injunction, restraining order, or other order shall
 2120  be granted without bond by such court, and the civil fines
 2121  provided by this chapter may be imposed.
 2122         Section 26. Subsection (3) of section 106.32, Florida
 2123  Statutes, is amended to read:
 2124         106.32 Election Campaign Financing Trust Fund.—
 2125         (3) Proceeds from assessments pursuant to ss. 106.04,
 2126  106.07, and 106.29 shall be deposited into the Election Campaign
 2127  Financing Trust Fund as designated in those sections.
 2128         Section 27. Section 106.33, Florida Statutes, is amended to
 2129  read:
 2130         106.33 Election campaign financing; eligibility.—Each
 2131  candidate for the office of Governor or member of the Cabinet
 2132  who desires to receive contributions from the Election Campaign
 2133  Financing Trust Fund shall, upon qualifying for office, shall
 2134  file a request for such contributions with the filing officer on
 2135  forms provided by the Division of Elections. If a candidate
 2136  requesting contributions from the fund desires to have such
 2137  funds distributed by electronic fund transfers, the request
 2138  shall include information necessary to implement that procedure.
 2139  For the purposes of ss. 106.30-106.36, the respective candidates
 2140  running for Governor and Lieutenant Governor on the same ticket
 2141  shall be considered as a single candidate. To be eligible to
 2142  receive contributions from the fund, a candidate may not be an
 2143  unopposed candidate as defined in s. 106.011 106.011(15) and
 2144  must:
 2145         (1) Agree to abide by the expenditure limits provided in s.
 2146  106.34.
 2147         (2)(a) Raise contributions as follows:
 2148         1. One hundred fifty thousand dollars for a candidate for
 2149  Governor.
 2150         2. One hundred thousand dollars for a candidate for Cabinet
 2151  office.
 2152         (b) Contributions from individuals who at the time of
 2153  contributing are not state residents may not be used to meet the
 2154  threshold amounts in paragraph (a). For purposes of this
 2155  paragraph, any person validly registered to vote in this state
 2156  shall be considered a state resident.
 2157         (3) Limit loans or contributions from the candidate’s
 2158  personal funds to $25,000 and contributions from national,
 2159  state, and county executive committees of a political party to
 2160  $250,000 in the aggregate, which loans or contributions do shall
 2161  not qualify for meeting the threshold amounts in subsection (2).
 2162         (4) Submit to a postelection audit of the campaign account
 2163  by the division.
 2164         Section 28. Section 111.075, Florida Statutes, is amended
 2165  to read:
 2166         111.075 Elected officials; prohibition concerning certain
 2167  committees.—Elected officials are prohibited from being employed
 2168  by, or acting as a consultant for compensation to, a political
 2169  committee or committee of continuous existence.
 2170         Section 29. Subsections (3) and (4) and paragraph (a) of
 2171  subsection (5) of section 112.3148, Florida Statutes, are
 2172  amended to read:
 2173         112.3148 Reporting and prohibited receipt of gifts by
 2174  individuals filing full or limited public disclosure of
 2175  financial interests and by procurement employees.—
 2176         (3) A reporting individual or procurement employee is
 2177  prohibited from soliciting any gift from a political committee
 2178  or committee of continuous existence, as defined in s. 106.011,
 2179  or from a lobbyist who lobbies the reporting individual’s or
 2180  procurement employee’s agency, or the partner, firm, employer,
 2181  or principal of such lobbyist, where such gift is for the
 2182  personal benefit of the reporting individual or procurement
 2183  employee, another reporting individual or procurement employee,
 2184  or any member of the immediate family of a reporting individual
 2185  or procurement employee.
 2186         (4) A reporting individual or procurement employee or any
 2187  other person on his or her behalf is prohibited from knowingly
 2188  accepting, directly or indirectly, a gift from a political
 2189  committee or committee of continuous existence, as defined in s.
 2190  106.011, or from a lobbyist who lobbies the reporting
 2191  individual’s or procurement employee’s agency, or directly or
 2192  indirectly on behalf of the partner, firm, employer, or
 2193  principal of a lobbyist, if he or she knows or reasonably
 2194  believes that the gift has a value in excess of $100; however,
 2195  such a gift may be accepted by such person on behalf of a
 2196  governmental entity or a charitable organization. If the gift is
 2197  accepted on behalf of a governmental entity or charitable
 2198  organization, the person receiving the gift shall not maintain
 2199  custody of the gift for any period of time beyond that
 2200  reasonably necessary to arrange for the transfer of custody and
 2201  ownership of the gift.
 2202         (5)(a) A political committee or a committee of continuous
 2203  existence, as defined in s. 106.011; a lobbyist who lobbies a
 2204  reporting individual’s or procurement employee’s agency; the
 2205  partner, firm, employer, or principal of a lobbyist; or another
 2206  on behalf of the lobbyist or partner, firm, principal, or
 2207  employer of the lobbyist is prohibited from giving, either
 2208  directly or indirectly, a gift that has a value in excess of
 2209  $100 to the reporting individual or procurement employee or any
 2210  other person on his or her behalf; however, such person may give
 2211  a gift having a value in excess of $100 to a reporting
 2212  individual or procurement employee if the gift is intended to be
 2213  transferred to a governmental entity or a charitable
 2214  organization.
 2215         Section 30. Subsections (3) and (4) of section 112.3149,
 2216  Florida Statutes, are amended to read:
 2217         112.3149 Solicitation and disclosure of honoraria.—
 2218         (3) A reporting individual or procurement employee is
 2219  prohibited from knowingly accepting an honorarium from a
 2220  political committee or committee of continuous existence, as
 2221  defined in s. 106.011, from a lobbyist who lobbies the reporting
 2222  individual’s or procurement employee’s agency, or from the
 2223  employer, principal, partner, or firm of such a lobbyist.
 2224         (4) A political committee or committee of continuous
 2225  existence, as defined in s. 106.011, a lobbyist who lobbies a
 2226  reporting individual’s or procurement employee’s agency, or the
 2227  employer, principal, partner, or firm of such a lobbyist is
 2228  prohibited from giving an honorarium to a reporting individual
 2229  or procurement employee.
 2230         Section 31. Subsection (4) of section 1004.28, Florida
 2231  Statutes, is amended to read:
 2232         1004.28 Direct-support organizations; use of property;
 2233  board of directors; activities; audit; facilities.—
 2234         (4) ACTIVITIES; RESTRICTION.—A university direct-support
 2235  organization is prohibited from giving, either directly or
 2236  indirectly, any gift to a political committee or committee of
 2237  continuous existence as defined in s. 106.011 for any purpose
 2238  other than those certified by a majority roll call vote of the
 2239  governing board of the direct-support organization at a
 2240  regularly scheduled meeting as being directly related to the
 2241  educational mission of the university.
 2242         Section 32. Paragraph (d) of subsection (4) of section
 2243  1004.70, Florida Statutes, is amended to read:
 2244         1004.70 Florida College System institution direct-support
 2245  organizations.—
 2246         (4) ACTIVITIES; RESTRICTIONS.—
 2247         (d) A Florida College System institution direct-support
 2248  organization is prohibited from giving, either directly or
 2249  indirectly, any gift to a political committee or committee of
 2250  continuous existence as defined in s. 106.011 for any purpose
 2251  other than those certified by a majority roll call vote of the
 2252  governing board of the direct-support organization at a
 2253  regularly scheduled meeting as being directly related to the
 2254  educational mission of the Florida College System institution.
 2255         Section 33. Paragraph (c) of subsection (4) of section
 2256  1004.71, Florida Statutes, is amended to read:
 2257         1004.71 Statewide Florida College System institution
 2258  direct-support organizations.—
 2259         (4) RESTRICTIONS.—
 2260         (c) A statewide Florida College System institution direct
 2261  support organization is prohibited from giving, either directly
 2262  or indirectly, any gift to a political committee or committee of
 2263  continuous existence as defined in s. 106.011 for any purpose
 2264  other than those certified by a majority roll call vote of the
 2265  governing board of the direct-support organization at a
 2266  regularly scheduled meeting as being directly related to the
 2267  educational mission of the State Board of Education.
 2268         Section 34. For the purpose of incorporating the amendment
 2269  made by this act into section 106.08, Florida Statutes, in a
 2270  reference thereto, subsection (2) of section 106.075, Florida
 2271  Statutes, is reenacted to read:
 2272         106.075 Elected officials; report of loans made in year
 2273  preceding election; limitation on contributions to pay loans.—
 2274         (2) Any person who makes a contribution to an individual to
 2275  pay all or part of a loan incurred, in the 12 months preceding
 2276  the election, to be used for the individual’s campaign, may not
 2277  contribute more than the amount which is allowed in s.
 2278  106.08(1).
 2279         Section 35. For the purpose of incorporating the amendments
 2280  made by this act to section 106.08, Florida Statutes, in
 2281  references thereto, section 106.19, Florida Statutes, is
 2282  reenacted to read:
 2283         106.19 Violations by candidates, persons connected with
 2284  campaigns, and political committees.—
 2285         (1) Any candidate; campaign manager, campaign treasurer, or
 2286  deputy treasurer of any candidate; committee chair, vice chair,
 2287  campaign treasurer, deputy treasurer, or other officer of any
 2288  political committee; agent or person acting on behalf of any
 2289  candidate or political committee; or other person who knowingly
 2290  and willfully:
 2291         (a) Accepts a contribution in excess of the limits
 2292  prescribed by s. 106.08;
 2293         (b) Fails to report any contribution required to be
 2294  reported by this chapter;
 2295         (c) Falsely reports or deliberately fails to include any
 2296  information required by this chapter; or
 2297         (d) Makes or authorizes any expenditure in violation of s.
 2298  106.11(4) or any other expenditure prohibited by this chapter;
 2299  
 2300  is guilty of a misdemeanor of the first degree, punishable as
 2301  provided in s. 775.082 or s. 775.083.
 2302         (2) Any candidate, campaign treasurer, or deputy treasurer;
 2303  any chair, vice chair, or other officer of any political
 2304  committee; any agent or person acting on behalf of any candidate
 2305  or political committee; or any other person who violates
 2306  paragraph (1)(a), paragraph (1)(b), or paragraph (1)(d) shall be
 2307  subject to a civil penalty equal to three times the amount
 2308  involved in the illegal act. Such penalty may be in addition to
 2309  the penalties provided by subsection (1) and shall be paid into
 2310  the General Revenue Fund of this state.
 2311         (3) A political committee sponsoring a constitutional
 2312  amendment proposed by initiative which submits a petition form
 2313  gathered by a paid petition circulator which does not provide
 2314  the name and address of the paid petition circulator on the form
 2315  is subject to the civil penalties prescribed in s. 106.265.
 2316         (4) Except as otherwise expressly stated, the failure by a
 2317  candidate to comply with the requirements of this chapter has no
 2318  effect upon whether the candidate has qualified for the office
 2319  the candidate is seeking.
 2320         Section 36. (1) For the 2013-2014 fiscal year, one full
 2321  time equivalent position, with associated salary rate of 33,000,
 2322  is authorized, and $42,900 in recurring funds from the Elections
 2323  Commission Trust Fund within the Department of Legal Affairs is
 2324  appropriated to the Florida Elections Commission to carry out
 2325  the provisions of this act.
 2326         (2) For the 2013-2014 fiscal year, two full-time equivalent
 2327  positions, with associated salary rate of 57,297, are
 2328  authorized, and $85,000 in recurring funds from the General
 2329  Revenue Fund is appropriated to the Division of Elections of the
 2330  Department of State to carry out the provisions of this act.
 2331         (3) This section shall take effect July 1, 2013.
 2332         Section 37. Except as otherwise expressly provided in this
 2333  act and except for this section, which shall take effect upon
 2334  becoming a law, this act shall take effect November 1, 2013.
 2335  
 2336  ================= T I T L E  A M E N D M E N T ================
 2337         And the title is amended as follows:
 2338         Delete everything before the enacting clause
 2339  and insert:
 2340                        A bill to be entitled                      
 2341         An act relating to campaign finance; repealing s.
 2342         106.04, F.S., relating to the certification and
 2343         political activities of committees of continuous
 2344         existence; prohibiting a committee of continuous
 2345         existence from accepting a contribution after a
 2346         certain date; providing for revocation of the
 2347         certification of each committee of continuous
 2348         existence on a certain date; requiring the Division of
 2349         Elections to provide certain notifications to
 2350         committees of continuous existence; providing
 2351         procedures for disposition of funds and closing of the
 2352         committee account; providing penalties; providing for
 2353         the applicability of penalties incurred by the
 2354         committee of continuous existence; authorizing a
 2355         committee of continuous existence to make unlimited
 2356         contributions to a political committee; amending and
 2357         reordering s. 106.011, F.S., relating to definitions
 2358         applicable to provisions governing campaign financing;
 2359         deleting the definition of the term “committee of
 2360         continuous existence” to conform to changes made by
 2361         the act; revising the definition of the term
 2362         “election” to include the selection of members of
 2363         political party executive committees; conforming
 2364         cross-references; amending s. 106.021, F.S.; providing
 2365         requirements and restrictions on the use of
 2366         contributions received before a candidate changes his
 2367         or her candidacy to a different office; prohibiting a
 2368         political committee from making an expenditure for the
 2369         purpose of jointly endorsing three or more candidates
 2370         outside the scope of the requirements of ch. 106,
 2371         F.S.; amending s. 106.022, F.S.; conforming a
 2372         provision to changes made by the act; amending s.
 2373         106.025, F.S.; providing that tickets or advertising
 2374         for a campaign fundraiser must comply with the
 2375         requirements of political advertisements circulated
 2376         before an election; amending s. 106.03, F.S.;
 2377         conforming provisions and cross-references to changes
 2378         made by the act; amending s. 106.05, F.S.; revising
 2379         the information that is required to appear on a bank
 2380         account for deposit of funds; reenacting and amending
 2381         s. 106.07, F.S., relating to reports by campaign
 2382         treasurers; revising reporting requirements for
 2383         candidates and political committees; conforming a
 2384         cross-reference; creating s. 106.0702, F.S.; requiring
 2385         certain individuals seeking a publicly elected
 2386         position on a political party executive committee to
 2387         file a report with the supervisor of elections before
 2388         the primary election; providing filing and notice
 2389         requirements; specifying the contents of the report;
 2390         requiring the supervisor to make a specified form
 2391         available to a reporting individual; requiring the
 2392         reporting individual to certify to the correctness of
 2393         the report; providing criminal penalties for a
 2394         reporting individual who willfully files an incorrect,
 2395         false, or incomplete report; providing for a fine
 2396         under specified conditions; authorizing a reporting
 2397         individual to appeal a fine to the Florida Elections
 2398         Commission; requiring the supervisor to notify the
 2399         commission of specified violations; amending s.
 2400         106.0703, F.S.; revising reporting requirements for
 2401         electioneering communications organizations;
 2402         reenacting and amending s. 106.0705, F.S., relating to
 2403         the electronic filing of campaign treasurer’s reports;
 2404         conforming provisions and cross-references to changes
 2405         made by the act; amending s. 106.08, F.S.; increasing
 2406         the limitations on contributions made to certain
 2407         candidates; removing limitations on contributions made
 2408         to political committees; removing a limitation on
 2409         contributions made by specified minors; revising
 2410         limitations on contributions to nonstatewide
 2411         candidates from specified political party committees;
 2412         conforming provisions and cross-references to changes
 2413         made by the act; reenacting and amending s. 106.11,
 2414         F.S.; revising the information that is required to
 2415         appear on bank account checks of candidates or
 2416         political committees; revising information used to
 2417         determine when debit cards are considered bank checks;
 2418         amending s. 106.141, F.S.; prohibiting a candidate
 2419         from giving more than a specified amount of surplus
 2420         funds to an affiliated party committee or political
 2421         party; increasing the amount of funds that certain
 2422         candidates may transfer to an office account;
 2423         specifying permissible expenses with office account
 2424         funds; defining the term “same office”; modifying
 2425         requirements and conditions for disposing of and
 2426         transferring surplus funds; authorizing certain
 2427         candidates to retain a specified amount of funds for
 2428         reelection to the same office; establishing
 2429         requirements and conditions for retained funds;
 2430         providing procedures for disposition of retained funds
 2431         in certain circumstances; making changes to conform to
 2432         the act; requiring the Division of Elections to submit
 2433         a proposal for a mandatory statewide electronic filing
 2434         system for certain state and local candidates to the
 2435         Legislature by a specified date; amending ss. 101.62,
 2436         102.031, 106.087, 106.12, 106.147, 106.17, 106.23,
 2437         106.265, 106.27, 106.32, 106.33, 111.075, 112.3148,
 2438         112.3149, 1004.28, 1004.70, and 1004.71, F.S.;
 2439         conforming provisions and cross-references to changes
 2440         made by the act; reenacting s. 106.075(2), F.S.,
 2441         relating to contributions made to pay back campaign
 2442         loans incurred, to incorporate the amendment made to
 2443         s. 106.08, F.S., in a reference thereto; reenacting s.
 2444         106.19, F.S., relating to criminal and enhanced civil
 2445         penalties for certain campaign finance violations, to
 2446         incorporate the amendments made to s. 106.08, F.S., in
 2447         references thereto; providing appropriations;
 2448         authorizing specified numbers of full-time equivalent
 2449         positions with associated salary rates within the
 2450         Florida Elections Commission and the Division of
 2451         Elections; providing effective dates.