Florida Senate - 2019                                     SB 272
       By Senator Baxley
       12-00561-19                                            2019272__
    1                        A bill to be entitled                      
    2         An act relating to campaign finance; repealing ss.
    3         106.30, 106.31, 106.32, 106.33, 106.34, 106.35,
    4         106.353, 106.355, and 106.36, F.S., relating to the
    5         Florida Election Campaign Financing Act; deleting
    6         provisions governing the public funding of campaigns
    7         for candidates for statewide office who agree to
    8         certain expenditure limits; amending ss. 106.021,
    9         106.141, 106.22, 328.72, and 607.1622, F.S.;
   10         conforming cross-references and provisions to changes
   11         made by the act; providing a contingent effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Sections 106.30, 106.31, 106.32, 106.33, 106.34,
   17  106.35, 106.353, 106.355, and 106.36, Florida Statutes, are
   18  repealed.
   19         Section 2. Paragraph (a) of subsection (1) of section
   20  106.021, Florida Statutes, is amended to read:
   21         106.021 Campaign treasurers; deputies; primary and
   22  secondary depositories.—
   23         (1)(a) Each candidate for nomination or election to office
   24  and each political committee shall appoint a campaign treasurer.
   25  Each person who seeks to qualify for nomination or election to,
   26  or retention in, office shall appoint a campaign treasurer and
   27  designate a primary campaign depository before qualifying for
   28  office. Any person who seeks to qualify for election or
   29  nomination to any office by means of the petitioning process
   30  shall appoint a treasurer and designate a primary depository on
   31  or before the date he or she obtains the petitions. At the same
   32  time a candidate designates a campaign depository and appoints a
   33  treasurer, the candidate shall also designate the office for
   34  which he or she is a candidate. If the candidate is running for
   35  an office that will be grouped on the ballot with two or more
   36  similar offices to be filled at the same election, the candidate
   37  must indicate for which group or district office he or she is
   38  running. This subsection does not prohibit a candidate, at a
   39  later date, from changing the designation of the office for
   40  which he or she is a candidate. However, if a candidate changes
   41  the designated office for which he or she is a candidate, the
   42  candidate must notify all contributors in writing of the intent
   43  to seek a different office and offer to return pro rata, upon
   44  their request, those contributions given in support of the
   45  original office sought. This notification shall be given within
   46  15 days after the filing of the change of designation and shall
   47  include a standard form developed by the Division of Elections
   48  for requesting the return of contributions. The notice
   49  requirement does not apply to any change in a numerical
   50  designation resulting solely from redistricting. If, within 30
   51  days after being notified by the candidate of the intent to seek
   52  a different office, the contributor notifies the candidate in
   53  writing that the contributor wishes his or her contribution to
   54  be returned, the candidate shall return the contribution, on a
   55  pro rata basis, calculated as of the date the change of
   56  designation is filed. Up to a maximum of the contribution limits
   57  specified in s. 106.08, a candidate who runs for an office other
   58  than the office originally designated may use any contribution
   59  that a donor does not request be returned within the 30-day
   60  period for the newly designated office, provided the candidate
   61  disposes of any amount exceeding the contribution limit pursuant
   62  to the options in s. 106.11(5)(b) and (c) or s. 106.141(4)(a),
   63  (b), or (d) s. 106.141(4)(a)1., 2., or 4.; notwithstanding, the
   64  full amount of the contribution for the original office shall
   65  count toward the contribution limits specified in s. 106.08 for
   66  the newly designated office. A person may not accept any
   67  contribution or make any expenditure with a view to bringing
   68  about his or her nomination, election, or retention in public
   69  office, or authorize another to accept such contributions or
   70  make such expenditure on the person’s behalf, unless such person
   71  has appointed a campaign treasurer and designated a primary
   72  campaign depository. A candidate for an office voted upon
   73  statewide may appoint not more than 15 deputy campaign
   74  treasurers, and any other candidate or political committee may
   75  appoint not more than 3 deputy campaign treasurers. The names
   76  and addresses of the campaign treasurer and deputy campaign
   77  treasurers so appointed shall be filed with the officer before
   78  whom such candidate is required to qualify or with whom such
   79  political committee is required to register pursuant to s.
   80  106.03.
   81         Section 3. Subsection (4) of section 106.141, Florida
   82  Statutes, is amended to read:
   83         106.141 Disposition of surplus funds by candidates.—
   84         (4)(a)Except as provided in paragraph (b), Any candidate
   85  required to dispose of funds pursuant to this section shall, at
   86  the option of the candidate, dispose of such funds by any of the
   87  following means, or any combination thereof:
   88         (a)1. Return pro rata to each contributor the funds that
   89  have not been spent or obligated.
   90         (b)2. Donate the funds that have not been spent or
   91  obligated to a charitable organization or organizations that
   92  meet the qualifications of s. 501(c)(3) of the Internal Revenue
   93  Code.
   94         (c)3. Give not more than $25,000 of the funds that have not
   95  been spent or obligated to the affiliated party committee or
   96  political party of which such candidate is a member.
   97         (d)4. Give the funds that have not been spent or obligated:
   98         1.a. In the case of a candidate for state office, to the
   99  state, to be deposited in either the Election Campaign Financing
  100  Trust Fund or the General Revenue Fund, as designated by the
  101  candidate; or
  102         2.b. In the case of a candidate for an office of a
  103  political subdivision, to such political subdivision, to be
  104  deposited in the general fund thereof.
  105         (b)Any candidate required to dispose of funds pursuant to
  106  this section who has received contributions pursuant to the
  107  Florida Election Campaign Financing Act shall, after all
  108  monetary commitments pursuant to s. 106.11(5)(b) and (c) have
  109  been met, return all surplus campaign funds to the General
  110  Revenue Fund.
  111         Section 4. Subsection (6) of section 106.22, Florida
  112  Statutes, is amended to read:
  113         106.22 Duties of the Division of Elections.—It is the duty
  114  of the Division of Elections to:
  115         (6) Make, from time to time, audits and field
  116  investigations with respect to reports and statements filed
  117  under the provisions of this chapter and with respect to alleged
  118  failures to file any report or statement required under the
  119  provisions of this chapter. The division shall conduct a
  120  postelection audit of the campaign accounts of all candidates
  121  receiving contributions from the Election Campaign Financing
  122  Trust Fund.
  123         Section 5. Subsection (11) of section 328.72, Florida
  124  Statutes, is amended to read:
  125         328.72 Classification; registration; fees and charges;
  126  surcharge; disposition of fees; fines; marine turtle stickers.—
  127         (11) VOLUNTARY CONTRIBUTIONS.—The application form for boat
  128  registration shall include a provision to allow each applicant
  129  to indicate a desire to pay an additional voluntary contribution
  130  to the Save the Manatee Trust Fund to be used for the purposes
  131  specified in s. 379.2431(4). This contribution shall be in
  132  addition to all other fees and charges. The amount of the
  133  request for a voluntary contribution solicited shall be $2 or $5
  134  per registrant. A registrant who provides a voluntary
  135  contribution of $5 or more shall be given a sticker or emblem by
  136  the tax collector to display, which signifies support for the
  137  Save the Manatee Trust Fund. All voluntary contributions shall
  138  be deposited in the Save the Manatee Trust Fund and shall be
  139  used for the purposes specified in s. 379.2431(4). The form
  140  shall also include language permitting a voluntary contribution
  141  of $5 per applicant, which contribution shall be transferred
  142  into the Election Campaign Financing Trust Fund. A statement
  143  providing an explanation of the purpose of the trust fund shall
  144  also be included.
  145         Section 6. Subsection (1) of section 607.1622, Florida
  146  Statutes, is amended to read:
  147         607.1622 Annual report for Department of State.—
  148         (1) Each domestic corporation and each foreign corporation
  149  authorized to transact business in this state shall deliver to
  150  the Department of State for filing a sworn annual report on such
  151  forms as the Department of State prescribes that sets forth:
  152         (a) The name of the corporation and the state or country
  153  under the law of which it is incorporated;
  154         (b) The date of incorporation or, if a foreign corporation,
  155  the date on which it was admitted to do business in this state;
  156         (c) The address of its principal office and the mailing
  157  address of the corporation;
  158         (d) The corporation’s federal employer identification
  159  number, if any, or, if none, whether one has been applied for;
  160         (e) The names and business street addresses of its
  161  directors and principal officers;
  162         (f) The street address of its registered office and the
  163  name of its registered agent at that office in this state; and
  164         (g)Language permitting a voluntary contribution of $5 per
  165  taxpayer, which contribution shall be transferred into the
  166  Election Campaign Financing Trust Fund. A statement providing an
  167  explanation of the purpose of the trust fund shall also be
  168  included; and
  169         (g)(h) Such additional information as may be necessary or
  170  appropriate to enable the Department of State to carry out the
  171  provisions of this act.
  172         Section 7. This act shall take effect on the effective date
  173  of SJR __, or a similar joint resolution having substantially
  174  the same specific intent and purpose, if that joint resolution
  175  is approved by the electors at the general election to be held
  176  in November 2020, or at an earlier special election specifically
  177  authorized by law for that purpose.