Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 602
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/23/2014 11:25 AM       .                                

       Senator Smith moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 196 - 197
    4  and insert:
    5  State Constitution, ss. 99.0125 and 111.015, Florida Statutes,
    6  as created by this act, do not apply to members of the
    7  Legislature.
    8         Section 9. Section 106.07, Florida Statutes, is reenacted
    9  and amended to read:
   10         106.07 Reports; certification and filing.—
   11         (1) Each campaign treasurer designated by a candidate or
   12  political committee pursuant to s. 106.021 shall file regular
   13  reports of all contributions received, and all expenditures
   14  made, by or on behalf of such candidate or political committee.
   15  Except for the third calendar quarter immediately preceding a
   16  general election as provided in paragraphs (a) and (b), reports
   17  shall be filed on the 10th day following the end of each
   18  calendar month from the time the campaign treasurer is
   19  appointed, except that, if the 10th day following the end of a
   20  calendar quarter month occurs on a Saturday, Sunday, or legal
   21  holiday, the report shall be filed on the next following day
   22  that is not a Saturday, Sunday, or legal holiday. Quarterly
   23  Monthly reports shall include all contributions received and
   24  expenditures made during the calendar month which have not
   25  otherwise been reported pursuant to this section.
   26         (a) Except as provided in paragraph (b), the reports shall
   27  also be filed on the 32nd, 18th, and 4th days immediately
   28  preceding the primary and on the 46th, 32nd, 18th, and 4th days
   29  immediately preceding the election, for a candidate who is
   30  opposed in seeking nomination or election to any office or for a
   31  political committee A statewide candidate or a political
   32  committee required to file reports with the division must file
   33  reports:
   34         1. On the 60th day immediately preceding the primary
   35  election, and each week thereafter, with the last weekly report
   36  being filed on the 4th day immediately preceding the general
   37  election.
   38         2. On the 10th day immediately preceding the general
   39  election, and each day thereafter, with the last daily report
   40  being filed the 5th day immediately preceding the general
   41  election.
   42         (b) Any other candidate or a political committee required
   43  to file reports with a filing officer other than the division
   44  must file reports on the 32nd, 18th, and 4th days immediately
   45  preceding the primary and the 46th, 32nd, 18th, and 4th days
   46  immediately preceding the election, for a candidate who is
   47  opposed in seeking nomination or election to any office or for a
   48  political committee the 60th day immediately preceding the
   49  primary election, and biweekly on each Friday thereafter through
   50  and including the 4th day immediately preceding the general
   51  election, with additional reports due on the 25th and 11th days
   52  before the primary election and the general election.
   53         (c) Following the last day of qualifying for office, any
   54  unopposed candidate need only file a report within 90 days after
   55  the date such candidate became unopposed. Such report shall
   56  contain all previously unreported contributions and expenditures
   57  as required by this section and shall reflect disposition of
   58  funds as required by s. 106.141.
   59         (d)1. When a special election is called to fill a vacancy
   60  in office, all political committees making contributions or
   61  expenditures to influence the results of such special election
   62  or the preceding special primary election shall file campaign
   63  treasurers’ reports with the filing officer on the dates set by
   64  the Department of State pursuant to s. 100.111.
   65         2. When an election is called for an issue to appear on the
   66  ballot at a time when no candidates are scheduled to appear on
   67  the ballot, all political committees making contributions or
   68  expenditures in support of or in opposition to such issue shall
   69  file reports on the 18th and 4th days before such election.
   70         (e) The filing officer shall provide each candidate with a
   71  schedule designating the beginning and end of reporting periods
   72  as well as the corresponding designated due dates.
   73         (2)(a)1. All reports required of a candidate by this
   74  section shall be filed with the officer before whom the
   75  candidate is required by law to qualify. All candidates who file
   76  with the Department of State shall file their reports pursuant
   77  to s. 106.0705. Except as provided in s. 106.0705, reports shall
   78  be filed not later than 5 p.m. of the day designated; however,
   79  any report postmarked by the United States Postal Service no
   80  later than midnight of the day designated is deemed to have been
   81  filed in a timely manner. Any report received by the filing
   82  officer within 5 days after the designated due date that was
   83  delivered by the United States Postal Service is deemed timely
   84  filed unless it has a postmark that indicates that the report
   85  was mailed after the designated due date. A certificate of
   86  mailing obtained from and dated by the United States Postal
   87  Service at the time of mailing, or a receipt from an established
   88  courier company, which bears a date on or before the date on
   89  which the report is due, suffices as proof of mailing in a
   90  timely manner. Reports other than daily reports must contain
   91  information on all previously unreported contributions received
   92  and expenditures made as of the preceding Friday, except that
   93  the report filed on the Friday immediately preceding the
   94  election must contain information on all previously unreported
   95  contributions received and expenditures made as of the day
   96  preceding that designated due date; daily reports must contain
   97  information on all previously unreported contributions received
   98  as of the preceding day. All such reports are open to public
   99  inspection.
  100         2. This subsection does not prohibit the governing body of
  101  a political subdivision, by ordinance or resolution, from
  102  imposing upon its own officers and candidates electronic filing
  103  requirements not in conflict with s. 106.0705. Expenditure of
  104  public funds for such purpose is deemed to be for a valid public
  105  purpose.
  106         (b)1. Any report that is deemed to be incomplete by the
  107  officer with whom the candidate qualifies must be accepted on a
  108  conditional basis. The campaign treasurer shall be notified by
  109  certified mail or by another method using a common carrier that
  110  provides a proof of delivery of the notice as to why the report
  111  is incomplete and within 7 days after receipt of such notice
  112  must file an addendum to the report providing all information
  113  necessary to complete the report in compliance with this
  114  section. Failure to file a complete report after such notice
  115  constitutes a violation of this chapter.
  116         2. Notice is deemed complete upon proof of delivery of a
  117  written notice to the mailing or street address of the campaign
  118  treasurer or registered agent of record with the filing officer.
  119         (3) Reports required of a political committee shall be
  120  filed with the agency or officer before whom such committee
  121  registers pursuant to s. 106.03(3) and shall be subject to the
  122  same filing conditions as established for candidates’ reports.
  123  Incomplete reports by political committees shall be treated in
  124  the manner provided for incomplete reports by candidates in
  125  subsection (2).
  126         (4)(a) Except for daily reports, to which only the
  127  contributions provisions below apply, and except as provided in
  128  paragraph (b), Each report required by this section must
  129  contain:
  130         1. The full name, address, and occupation, if any, of each
  131  person who has made one or more contributions to or for such
  132  committee or candidate within the reporting period, together
  133  with the amount and date of such contributions. For
  134  corporations, the report must provide as clear a description as
  135  practicable of the principal type of business conducted by the
  136  corporation. However, if the contribution is $100 or less or is
  137  from a relative, as defined in s. 112.312, provided that the
  138  relationship is reported, the occupation of the contributor or
  139  the principal type of business need not be listed.
  140         2. The name and address of each political committee from
  141  which the reporting committee or the candidate received, or to
  142  which the reporting committee or candidate made, any transfer of
  143  funds, together with the amounts and dates of all transfers.
  144         3. Each loan for campaign purposes to or from any person or
  145  political committee within the reporting period, together with
  146  the full names, addresses, and occupations, and principal places
  147  of business, if any, of the lender and endorsers, if any, and
  148  the date and amount of such loans.
  149         4. A statement of each contribution, rebate, refund, or
  150  other receipt not otherwise listed under subparagraphs 1.
  151  through 3.
  152         5. The total sums of all loans, in-kind contributions, and
  153  other receipts by or for such committee or candidate during the
  154  reporting period. The reporting forms shall be designed to
  155  elicit separate totals for in-kind contributions, loans, and
  156  other receipts.
  157         6. The full name and address of each person to whom
  158  expenditures have been made by or on behalf of the committee or
  159  candidate within the reporting period; the amount, date, and
  160  purpose of each such expenditure; and the name and address of,
  161  and office sought by, each candidate on whose behalf such
  162  expenditure was made. However, expenditures made from the petty
  163  cash fund provided by s. 106.12 need not be reported
  164  individually.
  165         7. The full name and address of each person to whom an
  166  expenditure for personal services, salary, or reimbursement for
  167  authorized expenses as provided in s. 106.021(3) has been made
  168  and which is not otherwise reported, including the amount, date,
  169  and purpose of such expenditure. However, expenditures made from
  170  the petty cash fund provided for in s. 106.12 need not be
  171  reported individually. Receipts for reimbursement for authorized
  172  expenditures shall be retained by the treasurer along with the
  173  records for the campaign account.
  174         8. The total amount withdrawn and the total amount spent
  175  for petty cash purposes pursuant to this chapter during the
  176  reporting period.
  177         9. The total sum of expenditures made by such committee or
  178  candidate during the reporting period.
  179         10. The amount and nature of debts and obligations owed by
  180  or to the committee or candidate, which relate to the conduct of
  181  any political campaign.
  182         11. Transaction information for each credit card purchase.
  183  Receipts for each credit card purchase shall be retained by the
  184  treasurer with the records for the campaign account.
  185         12. The amount and nature of any separate interest-bearing
  186  accounts or certificates of deposit and identification of the
  187  financial institution in which such accounts or certificates of
  188  deposit are located.
  189         13. The primary purposes of an expenditure made indirectly
  190  through a campaign treasurer pursuant to s. 106.021(3) for goods
  191  and services such as communications media placement or
  192  procurement services, campaign signs, insurance, and other
  193  expenditures that include multiple components as part of the
  194  expenditure. The primary purpose of an expenditure shall be that
  195  purpose, including integral and directly related components,
  196  that comprises 80 percent of such expenditure.
  197         (b) Multiple uniform contributions from the same person,
  198  aggregating no more than $250 per calendar year, collected by an
  199  organization that is the affiliated sponsor of a political
  200  committee, may be reported by the political committee in an
  201  aggregate amount listing the number of contributors together
  202  with the amount contributed by each and the total amount
  203  contributed during the reporting period. The identity of each
  204  person making such uniform contribution must be reported to the
  205  filing officer as provided in subparagraph (a)1. by July 1 of
  206  each calendar year, or, in a general election year, no later
  207  than the 60th day immediately preceding the primary election.
  208         (c) The filing officer shall make available to any
  209  candidate or committee a reporting form which the candidate or
  210  committee may use to indicate contributions received by the
  211  candidate or committee but returned to the contributor before
  212  deposit.
  213         (5) The candidate and his or her campaign treasurer, in the
  214  case of a candidate, or the political committee chair and
  215  campaign treasurer of the committee, in the case of a political
  216  committee, shall certify as to the correctness of each report;
  217  and each person so certifying shall bear the responsibility for
  218  the accuracy and veracity of each report. Any campaign
  219  treasurer, candidate, or political committee chair who willfully
  220  certifies the correctness of any report while knowing that such
  221  report is incorrect, false, or incomplete commits a misdemeanor
  222  of the first degree, punishable as provided in s. 775.082 or s.
  223  775.083.
  224         (6) The records maintained by the campaign depository with
  225  respect to any campaign account regulated by this chapter are
  226  subject to inspection by an agent of the Division of Elections
  227  or the Florida Elections Commission at any time during normal
  228  banking hours, and such depository shall furnish certified
  229  copies of any of such records to the Division of Elections or
  230  Florida Elections Commission upon request.
  231         (7) Notwithstanding any other provisions of this chapter,
  232  in any reporting period during which a candidate or political
  233  committee has not received funds, made any contributions, or
  234  expended any reportable funds, the filing of the required report
  235  for that period is waived. However, the next report filed must
  236  specify that the report covers the entire period between the
  237  last submitted report and the report being filed, and any
  238  candidate or political committee not reporting by virtue of this
  239  subsection on dates prescribed elsewhere in this chapter shall
  240  notify the filing officer in writing on the prescribed reporting
  241  date that no report is being filed on that date.
  242         (8)(a) Any candidate or political committee failing to file
  243  a report on the designated due date is subject to a fine as
  244  provided in paragraph (b) for each late day, and, in the case of
  245  a candidate, such fine shall be paid only from personal funds of
  246  the candidate. The fine shall be assessed by the filing officer
  247  and the moneys collected shall be deposited:
  248         1. In the General Revenue Fund, in the case of a candidate
  249  for state office or a political committee that registers with
  250  the Division of Elections; or
  251         2. In the general revenue fund of the political
  252  subdivision, in the case of a candidate for an office of a
  253  political subdivision or a political committee that registers
  254  with an officer of a political subdivision.
  256  No separate fine shall be assessed for failure to file a copy of
  257  any report required by this section.
  258         (b) Upon determining that a report is late, the filing
  259  officer shall immediately notify the candidate or chair of the
  260  political committee as to the failure to file a report by the
  261  designated due date and that a fine is being assessed for each
  262  late day. The fine is $50 per day for the first 3 days late and,
  263  thereafter, $500 per day for each late day, not to exceed 25
  264  percent of the total receipts or expenditures, whichever is
  265  greater, for the period covered by the late report. However, for
  266  the reports immediately preceding each special primary election,
  267  special election, primary election, and general election, the
  268  fine is $500 per day for each late day, not to exceed 25 percent
  269  of the total receipts or expenditures, whichever is greater, for
  270  the period covered by the late report. For reports required
  271  under s. 106.141(8), the fine is $50 per day for each late day,
  272  not to exceed 25 percent of the total receipts or expenditures,
  273  whichever is greater, for the period covered by the late report.
  274  Upon receipt of the report, the filing officer shall determine
  275  the amount of the fine which is due and shall notify the
  276  candidate or chair or registered agent of the political
  277  committee. The filing officer shall determine the amount of the
  278  fine due based upon the earliest of the following:
  279         1. When the report is actually received by such officer.
  280         2. When the report is postmarked.
  281         3. When the certificate of mailing is dated.
  282         4. When the receipt from an established courier company is
  283  dated.
  284         5. When the electronic receipt issued pursuant to s.
  285  106.0705 or other electronic filing system authorized in this
  286  section is dated.
  288  Such fine shall be paid to the filing officer within 20 days
  289  after receipt of the notice of payment due, unless appeal is
  290  made to the Florida Elections Commission pursuant to paragraph
  291  (c). Notice is deemed complete upon proof of delivery of written
  292  notice to the mailing or street address on record with the
  293  filing officer. In the case of a candidate, such fine is not an
  294  allowable campaign expenditure and shall be paid only from
  295  personal funds of the candidate. An officer or member of a
  296  political committee is not personally liable for such fine.
  297         (c) Any candidate or chair of a political committee may
  298  appeal or dispute the fine, based upon, but not limited to,
  299  unusual circumstances surrounding the failure to file on the
  300  designated due date, and may request and shall be entitled to a
  301  hearing before the Florida Elections Commission, which shall
  302  have the authority to waive the fine in whole or in part. The
  303  Florida Elections Commission must consider the mitigating and
  304  aggravating circumstances contained in s. 106.265(2) when
  305  determining the amount of a fine, if any, to be waived. Any such
  306  request shall be made within 20 days after receipt of the notice
  307  of payment due. In such case, the candidate or chair of the
  308  political committee shall, within the 20-day period, notify the
  309  filing officer in writing of his or her intention to bring the
  310  matter before the commission.
  311         (d) The appropriate filing officer shall notify the Florida
  312  Elections Commission of the repeated late filing by a candidate
  313  or political committee, the failure of a candidate or political
  314  committee to file a report after notice, or the failure to pay
  315  the fine imposed. The commission shall investigate only those
  316  alleged late filing violations specifically identified by the
  317  filing officer and as set forth in the notification. Any other
  318  alleged violations must be separately stated and reported by the
  319  division to the commission under s. 106.25(2).
  320         (9) The Department of State may prescribe by rule the
  321  requirements for filing campaign treasurers’ reports as set
  322  forth in this chapter.
  324  ================= T I T L E  A M E N D M E N T ================
  325  And the title is amended as follows:
  326         Delete lines 2 - 12
  327  and insert:
  328         An act relating to campaign financing and residency
  329         requirements; creating ss. 99.0125 and 111.015, F.S.;
  330         requiring a candidate or public officer required to
  331         reside in a specific geographic area to have only one
  332         domicile at a time; providing factors that may be
  333         considered when determining residency; providing
  334         exceptions for active duty military members; amending
  335         ss. 14.01, 16.01, 17.02, 19.23, and 114.03, F.S.;
  336         specifying the applicability of residency requirements
  337         on the Governor and Cabinet officers; specifying that
  338         the certain provisions of the act do not apply to
  339         members of the Legislature; reenacting and amending s.
  340         106.07, F.S., relating to reports by campaign
  341         treasurers; revising reporting schedules for
  342         candidates and political committees;