Florida Senate - 2017                                    SB 1178
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00536D-17                                          20171178__
    1                        A bill to be entitled                      
    2         An act relating to campaign financing; amending s.
    3         106.011, F.S.; redefining the term “contribution” to
    4         conform to changes made by the act; amending ss.
    5         106.07 and 106.0703, F.S.; modifying and clarifying
    6         the schedule governing campaign finance reporting for
    7         candidates, political committees, and electioneering
    8         communications organizations; revising reporting
    9         requirements regarding transfers made by political
   10         committees and electioneering communications
   11         organizations, to conform; creating s. 106.38, F.S.;
   12         prohibiting a political committee or an electioneering
   13         communications organization from transferring funds to
   14         certain entities; providing a transitional provision
   15         regarding final monthly reports by candidates,
   16         political committees, and electioneering
   17         communications organizations; providing an effective
   18         date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (5) of section 106.011, Florida
   23  Statutes, is amended to read:
   24         106.011 Definitions.—As used in this chapter, the following
   25  terms have the following meanings unless the context clearly
   26  indicates otherwise:
   27         (5) “Contribution” means:
   28         (a) A gift, subscription, conveyance, deposit, loan,
   29  payment, or distribution of money or anything of value,
   30  including contributions in kind having an attributable monetary
   31  value in any form, made for the purpose of influencing the
   32  results of an election or making an electioneering
   33  communication.
   34         (b) A transfer of funds between political committees,
   35  between electioneering communications organizations, or between
   36  any combination of these groups.
   37         (b)(c) The payment, by a person other than a candidate or
   38  political committee, of compensation for the personal services
   39  of another person which are rendered to a candidate or political
   40  committee without charge to the candidate or committee for such
   41  services.
   42         (c)(d) The transfer of funds by a campaign treasurer or
   43  deputy campaign treasurer between a primary depository and a
   44  separate interest-bearing account or certificate of deposit, and
   45  the term includes interest earned on such account or
   46  certificate.
   47  
   48  Notwithstanding the foregoing meanings of “contribution,” the
   49  term may not be construed to include services, including, but
   50  not limited to, legal and accounting services, provided without
   51  compensation by individuals volunteering a portion or all of
   52  their time on behalf of a candidate or political committee or
   53  editorial endorsements.
   54         Section 2. Subsections (1) and (2) and paragraph (a) of
   55  subsection (4) of section 106.07, Florida Statutes, are amended
   56  to read:
   57         106.07 Reports; certification and filing.—
   58         (1) Each campaign treasurer designated by a candidate or
   59  political committee pursuant to s. 106.021 shall file regular
   60  reports of all contributions received, and all expenditures
   61  made, by or on behalf of such candidate or political committee.
   62  Except as provided in paragraphs (a) and (b), reports shall be
   63  filed on the 10th day following the end of each calendar quarter
   64  month from the time the campaign treasurer is appointed, except
   65  that, if the 10th day following the end of a calendar quarter
   66  month occurs on a Saturday, Sunday, or legal holiday, the report
   67  shall be filed on the next following day that is not a Saturday,
   68  Sunday, or legal holiday. Quarterly Monthly reports must shall
   69  include all contributions received and expenditures made during
   70  the calendar quarter month which have not otherwise been
   71  reported pursuant to this section.
   72         (a) A statewide candidate or a political committee required
   73  to file reports with the division must file reports:
   74         1. on the 60th day immediately preceding the primary
   75  election, and each week thereafter, with the last weekly report
   76  being filed on the 4th day immediately preceding the general
   77  election.
   78         2. On the 10th day immediately preceding the general
   79  election, and each day thereafter, with the last daily report
   80  being filed the 5th day immediately preceding the general
   81  election.
   82         (b) Any other candidate or a political committee required
   83  to file reports with a filing officer other than the division
   84  must file reports on the 32nd, 25th, 18th, 11th, and 4th days
   85  60th day immediately preceding the primary election, and on the
   86  46th, 32nd, 25th, 18th, 11th, and 4th days biweekly on each
   87  Friday thereafter through and including the 4th day immediately
   88  preceding the general election, with additional reports due on
   89  the 25th and 11th days before the primary election and the
   90  general election.
   91         (c) Following the last day of qualifying for office, any
   92  unopposed candidate need only file a report within 90 days after
   93  the date such candidate became unopposed. Such report shall
   94  contain all previously unreported contributions and expenditures
   95  as required by this section and shall reflect disposition of
   96  funds as required by s. 106.141.
   97         (d)1. When a special election is called to fill a vacancy
   98  in office, all political committees making contributions or
   99  expenditures to influence the results of such special election
  100  or the preceding special primary election shall file campaign
  101  treasurers’ reports with the filing officer on the dates set by
  102  the Department of State pursuant to s. 100.111.
  103         2. When an election is called for an issue to appear on the
  104  ballot at a time when no candidates are scheduled to appear on
  105  the ballot, all political committees making contributions or
  106  expenditures in support of or in opposition to such issue shall
  107  file reports on the 18th and 4th days before such election.
  108         (e) The filing officer shall provide each candidate with a
  109  schedule designating the beginning and end of reporting periods
  110  as well as the corresponding designated due dates.
  111         (2)(a)1. All reports required of a candidate by this
  112  section shall be filed with the officer before whom the
  113  candidate is required by law to qualify. All candidates who file
  114  with the Department of State shall file their reports pursuant
  115  to s. 106.0705. Except as provided in s. 106.0705, reports shall
  116  be filed not later than 5 p.m. of the day designated; however,
  117  any report postmarked by the United States Postal Service no
  118  later than midnight of the day designated is deemed to have been
  119  filed in a timely manner. Any report received by the filing
  120  officer within 5 days after the designated due date that was
  121  delivered by the United States Postal Service is deemed timely
  122  filed unless it has a postmark that indicates that the report
  123  was mailed after the designated due date. A certificate of
  124  mailing obtained from and dated by the United States Postal
  125  Service at the time of mailing, or a receipt from an established
  126  courier company, which bears a date on or before the date on
  127  which the report is due, suffices as proof of mailing in a
  128  timely manner. Reports other than daily reports must contain
  129  information on all previously unreported contributions received
  130  and expenditures made as of the preceding Friday, except that
  131  the report filed on the Friday immediately preceding the
  132  election must contain information on all previously unreported
  133  contributions received and expenditures made as of the day
  134  preceding that designated due date; daily reports must contain
  135  information on all previously unreported contributions received
  136  as of the preceding day. All such reports are open to public
  137  inspection.
  138         2. This subsection does not prohibit the governing body of
  139  a political subdivision, by ordinance or resolution, from
  140  imposing upon its own officers and candidates electronic filing
  141  requirements not in conflict with s. 106.0705. Expenditure of
  142  public funds for such purpose is deemed to be for a valid public
  143  purpose.
  144         (b)1. Any report that is deemed to be incomplete by the
  145  officer with whom the candidate qualifies must be accepted on a
  146  conditional basis. The campaign treasurer shall be notified by
  147  certified mail or by another method using a common carrier that
  148  provides a proof of delivery of the notice as to why the report
  149  is incomplete and within 7 days after receipt of such notice
  150  must file an addendum to the report providing all information
  151  necessary to complete the report in compliance with this
  152  section. Failure to file a complete report after such notice
  153  constitutes a violation of this chapter.
  154         2. Notice is deemed complete upon proof of delivery of a
  155  written notice to the mailing or street address of the campaign
  156  treasurer or registered agent of record with the filing officer.
  157         (4)(a) Except for daily reports, to which only the
  158  contributions provisions below apply, and except as provided in
  159  paragraph (b), each report required by this section must
  160  contain:
  161         1. The full name, address, and occupation, if any, of each
  162  person who has made one or more contributions to or for such
  163  committee or candidate within the reporting period, together
  164  with the amount and date of such contributions. For
  165  corporations, the report must provide as clear a description as
  166  practicable of the principal type of business conducted by the
  167  corporation. However, if the contribution is $100 or less or is
  168  from a relative, as defined in s. 112.312, provided that the
  169  relationship is reported, the occupation of the contributor or
  170  the principal type of business need not be listed.
  171         2. The name and address of each political committee from
  172  which the reporting committee or the candidate received, or to
  173  which the reporting committee or candidate made, any transfer of
  174  funds, together with the amounts and dates of all transfers.
  175         3. Each loan for campaign purposes to or from any person or
  176  political committee within the reporting period, together with
  177  the full names, addresses, and occupations, and principal places
  178  of business, if any, of the lender and endorsers, if any, and
  179  the date and amount of such loans.
  180         4. A statement of each contribution, rebate, refund, or
  181  other receipt not otherwise listed under subparagraphs 1.
  182  through 3.
  183         5. The total sums of all loans, in-kind contributions, and
  184  other receipts by or for such committee or candidate during the
  185  reporting period. The reporting forms shall be designed to
  186  elicit separate totals for in-kind contributions, loans, and
  187  other receipts.
  188         6. The full name and address of each person to whom
  189  expenditures have been made by or on behalf of the committee or
  190  candidate within the reporting period; the amount, date, and
  191  purpose of each such expenditure; and the name and address of,
  192  and office sought by, each candidate on whose behalf such
  193  expenditure was made. However, expenditures made from the petty
  194  cash fund provided by s. 106.12 need not be reported
  195  individually.
  196         7. The full name and address of each person to whom an
  197  expenditure for personal services, salary, or reimbursement for
  198  authorized expenses as provided in s. 106.021(3) has been made
  199  and which is not otherwise reported, including the amount, date,
  200  and purpose of such expenditure. However, expenditures made from
  201  the petty cash fund provided for in s. 106.12 need not be
  202  reported individually. Receipts for reimbursement for authorized
  203  expenditures shall be retained by the treasurer along with the
  204  records for the campaign account.
  205         8. The total amount withdrawn and the total amount spent
  206  for petty cash purposes pursuant to this chapter during the
  207  reporting period.
  208         9. The total sum of expenditures made by such committee or
  209  candidate during the reporting period.
  210         10. The amount and nature of debts and obligations owed by
  211  or to the committee or candidate, which relate to the conduct of
  212  any political campaign.
  213         11. Transaction information for each credit card purchase.
  214  Receipts for each credit card purchase shall be retained by the
  215  treasurer with the records for the campaign account.
  216         12. The amount and nature of any separate interest-bearing
  217  accounts or certificates of deposit and identification of the
  218  financial institution in which such accounts or certificates of
  219  deposit are located.
  220         13. The primary purposes of an expenditure made indirectly
  221  through a campaign treasurer pursuant to s. 106.021(3) for goods
  222  and services such as communications media placement or
  223  procurement services, campaign signs, insurance, and other
  224  expenditures that include multiple components as part of the
  225  expenditure. The primary purpose of an expenditure shall be that
  226  purpose, including integral and directly related components,
  227  that comprises 80 percent of such expenditure.
  228         Section 3. Subsections (1) and (2) and paragraph (a) of
  229  subsection (3) of section 106.0703, Florida Statutes, are
  230  amended to read:
  231         106.0703 Electioneering communications organizations;
  232  reporting requirements; certification and filing; penalties.—
  233         (1)(a) Each electioneering communications organization
  234  shall file regular reports of all contributions received and all
  235  expenditures made by or on behalf of the organization. Except as
  236  provided in paragraph (b) paragraphs (b) and (c), reports must
  237  be filed on the 10th day following the end of each calendar
  238  quarter month from the time the organization is registered.
  239  However, if the 10th day following the end of a calendar quarter
  240  month occurs on a Saturday, Sunday, or legal holiday, the report
  241  must be filed on the next following day that is not a Saturday,
  242  Sunday, or legal holiday. Quarterly Monthly reports must include
  243  all contributions received and expenditures made during the
  244  calendar quarter month that have not otherwise been reported
  245  pursuant to this section.
  246         (b) For an electioneering communications organization
  247  required to file reports with the division, reports must be
  248  filed:
  249         1. On the 60th day immediately preceding the primary
  250  election, and each week thereafter, with the last weekly report
  251  being filed on the 4th day immediately preceding the general
  252  election.
  253         2. On the 10th day immediately preceding the general
  254  election, and every day thereafter excluding the 4th day
  255  immediately preceding the general election, with the last daily
  256  report being filed the day before the general election.
  257         (c) For An electioneering communications organization must
  258  file reports required to file reports with a filing officer
  259  other than the division, reports must be filed on the 32nd,
  260  25th, 18th, 11th, and 4th days 60th day immediately preceding
  261  the primary election, and on the 46th, 32nd, 25th, 18th, 11th,
  262  and 4th days biweekly on each Friday thereafter through and
  263  including the 4th day immediately preceding the general
  264  election, with additional reports due on the 25th and 11th days
  265  before the primary election and the general election.
  266         (c)(d) When a special election is called to fill a vacancy
  267  in office, all electioneering communications organizations
  268  making contributions or expenditures to influence the results of
  269  the special election shall file reports with the filing officer
  270  on the dates set by the Department of State pursuant to s.
  271  100.111.
  272         (d)(e) In addition to the reports required by paragraph
  273  (a), an electioneering communications organization that is
  274  registered with the Department of State and that makes a
  275  contribution or expenditure to influence the results of a county
  276  or municipal election that is not being held at the same time as
  277  a state or federal election must file reports with the county or
  278  municipal filing officer on the same dates as county or
  279  municipal candidates or committees for that election. The
  280  electioneering communications organization must also include the
  281  expenditure in the next report filed with the Division of
  282  Elections pursuant to this section following the county or
  283  municipal election.
  284         (e)(f) The filing officer shall make available to each
  285  electioneering communications organization a schedule
  286  designating the beginning and end of reporting periods as well
  287  as the corresponding designated due dates.
  288         (2)(a) Except as provided in s. 106.0705, the reports
  289  required of an electioneering communications organization shall
  290  be filed with the filing officer not later than 5 p.m. of the
  291  day designated. However, any report postmarked by the United
  292  States Postal Service no later than midnight of the day
  293  designated is deemed to have been filed in a timely manner. Any
  294  report received by the filing officer within 5 days after the
  295  designated due date that was delivered by the United States
  296  Postal Service is deemed timely filed unless it has a postmark
  297  that indicates that the report was mailed after the designated
  298  due date. A certificate of mailing obtained from and dated by
  299  the United States Postal Service at the time of mailing, or a
  300  receipt from an established courier company, which bears a date
  301  on or before the date on which the report is due, suffices as
  302  proof of mailing in a timely manner. Reports other than daily
  303  reports must contain information on all previously unreported
  304  contributions received and expenditures made as of the preceding
  305  Friday, except that the report filed on the Friday immediately
  306  preceding the election must contain information on all
  307  previously unreported contributions received and expenditures
  308  made as of the day preceding the designated due date; daily
  309  reports must contain information on all previously unreported
  310  contributions received as of the preceding day. All such reports
  311  are open to public inspection.
  312         (b)1. Any report that is deemed to be incomplete by the
  313  officer with whom the electioneering communications organization
  314  files shall be accepted on a conditional basis. The treasurer of
  315  the electioneering communications organization shall be
  316  notified, by certified mail or other common carrier that can
  317  establish proof of delivery for the notice, as to why the report
  318  is incomplete. Within 7 days after receipt of such notice, the
  319  treasurer must file an addendum to the report providing all
  320  information necessary to complete the report in compliance with
  321  this section. Failure to file a complete report after such
  322  notice constitutes a violation of this chapter.
  323         2. Notice is deemed sufficient upon proof of delivery of
  324  written notice to the mailing or street address of the treasurer
  325  or registered agent of the electioneering communication
  326  organization on record with the filing officer.
  327         (3)(a) Except for daily reports, to which only the
  328  contribution provisions below apply, Each report required by
  329  this section must contain:
  330         1. The full name, address, and occupation, if any, of each
  331  person who has made one or more contributions to or for such
  332  electioneering communications organization within the reporting
  333  period, together with the amount and date of such contributions.
  334  For corporations, the report must provide as clear a description
  335  as practicable of the principal type of business conducted by
  336  the corporation. However, if the contribution is $100 or less,
  337  the occupation of the contributor or the principal type of
  338  business need not be listed.
  339         2. The name and address of each political committee from
  340  which or to which the reporting electioneering communications
  341  organization made any transfer of funds, together with the
  342  amounts and dates of all transfers.
  343         2.3. Each loan for electioneering communication purposes to
  344  or from any person or political committee within the reporting
  345  period, together with the full names, addresses, and occupations
  346  and principal places of business, if any, of the lender and
  347  endorsers, if any, and the date and amount of such loans.
  348         3.4. A statement of each contribution, rebate, refund, or
  349  other receipt not otherwise listed under subparagraph 1. or
  350  subparagraph 2. subparagraphs 1.-3.
  351         4.5. The total sums of all loans, in-kind contributions,
  352  and other receipts by or for such electioneering communications
  353  organization during the reporting period. The reporting forms
  354  shall be designed to elicit separate totals for in-kind
  355  contributions, loans, and other receipts.
  356         5.6. The full name and address of each person to whom
  357  expenditures have been made by or on behalf of the
  358  electioneering communications organization within the reporting
  359  period and the amount, date, and purpose of each expenditure.
  360         6.7. The full name and address of each person to whom an
  361  expenditure for personal services, salary, or reimbursement for
  362  expenses has been made and that is not otherwise reported,
  363  including the amount, date, and purpose of the expenditure.
  364         7.8. The total sum of expenditures made by the
  365  electioneering communications organization during the reporting
  366  period.
  367         8.9. The amount and nature of debts and obligations owed by
  368  or to the electioneering communications organization that relate
  369  to the conduct of any electioneering communication.
  370         9.10. Transaction information for each credit card
  371  purchase. Receipts for each credit card purchase shall be
  372  retained by the electioneering communications organization.
  373         10.11. The amount and nature of any separate interest
  374  bearing accounts or certificates of deposit and identification
  375  of the financial institution in which such accounts or
  376  certificates of deposit are located.
  377         11.12. The primary purposes of an expenditure made
  378  indirectly through an electioneering communications organization
  379  for goods and services, such as communications media placement
  380  or procurement services and other expenditures that include
  381  multiple components as part of the expenditure. The primary
  382  purpose of an expenditure shall be that purpose, including
  383  integral and directly related components, that comprises 80
  384  percent of such expenditure.
  385         Section 4. Section 106.38, Florida Statutes, is created to
  386  read:
  387         106.38 Transfer of political committee and electioneering
  388  communications organization funds.—A political committee or an
  389  electioneering communications organization may not transfer
  390  funds to another political committee, electioneering
  391  communications organization, or a political party or an
  392  affiliated party committee.
  393         Section 5. Final monthly campaign finance reports for
  394  September 2017 filed by candidates, political committees, and
  395  electioneering communications organizations pursuant to present
  396  ss. 106.07(1) and 106.0703(1), Florida Statutes, respectively,
  397  are due on Tuesday, October 10, 2017.
  398         Section 6. This act shall take effect October 1, 2017.