Florida Senate - 2021 CS for CS for SB 1890 By the Committees on Rules; and Ethics and Elections; and Senator Rodrigues 595-03838-21 20211890c2 1 A bill to be entitled 2 An act relating to campaign financing; amending s. 3 106.08, F.S.; providing a limitation on contributions 4 made to political committees sponsoring or opposing a 5 constitutional amendment proposed by initiative; 6 specifying conditions upon which the limitation no 7 longer applies; preempting counties, municipalities, 8 and other local governmental entities from enacting or 9 adopting any limitation or restriction involving 10 certain contributions and expenditures, or 11 establishing contribution limits different than those 12 established in the Florida Election Code; providing 13 applicability; amending s. 106.141, F.S.; prohibiting 14 a candidate from donating surplus funds to a 15 charitable organization that employs the candidate; 16 providing that any candidate required to dispose 17 surplus funds may give certain surplus funds to the 18 state or a political subdivision, to be disbursed in a 19 specified manner; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraph (a) of subsection (1) of section 24 106.08, Florida Statutes, is amended, and subsection (11) is 25 added to that section, to read: 26 106.08 Contributions; limitations on.— 27 (1)(a) Except for political parties or affiliated party 28 committees, no person or political committee may, in any 29 election, make contributions in excess of the following amounts: 30 1. To a candidate for statewide office or for retention as 31 a justice of the Supreme Court or to a political committee that 32 is the sponsor of or is in opposition to a constitutional 33 amendment proposed by initiative, $3,000. However, the 34 limitation on contributions to such political committees no 35 longer applies once the Secretary of State has issued a 36 certificate of ballot position and a designating number for the 37 proposed amendment that the political committee is sponsoring or 38 opposing. Candidates for the offices of Governor and Lieutenant 39 Governor on the same ticket are considered a single candidate 40 for the purpose of this section. 41 2. To a candidate for retention as a judge of a district 42 court of appeal; a candidate for legislative office; a candidate 43 for multicounty office; a candidate for countywide office or in 44 any election conducted on less than a countywide basis; or a 45 candidate for county court judge or circuit judge, $1,000. 46 (11)(a) A county, a municipality, or any other local 47 governmental entity is expressly preempted from enacting or 48 adopting: 49 1. Contribution limits that differ from the limitations 50 established in subsection (1); 51 2. Any limitation or restriction involving contributions to 52 a political committee or an electioneering communications 53 organization; or 54 3. Any limitation or restriction on expenditures for an 55 electioneering communication or an independent expenditure. 56 (b) Any existing or future limitation or restriction 57 enacted or adopted by a county, a municipality, or any other 58 local governmental entity which is in conflict with this 59 subsection is void. 60 Section 2. Paragraph (a) of subsection (4) of section 61 106.141, Florida Statutes, is amended to read: 62 106.141 Disposition of surplus funds by candidates.— 63 (4)(a) Except as provided in paragraph (b), any candidate 64 required to dispose of funds pursuant to this section shall, at 65 the option of the candidate, dispose of such funds by any of the 66 following means, or any combination thereof: 67 1. Return pro rata to each contributor the funds that have 68 not been spent or obligated. 69 2. Donate the funds that have not been spent or obligated 70 to a charitable organization or organizations that meet the 71 qualifications of s. 501(c)(3) of the Internal Revenue Code, 72 except that the candidate may not be employed by the charitable 73 organization to which he or she donates the funds. 74 3. Give not more than $25,000 of the funds that have not 75 been spent or obligated to the affiliated party committee or 76 political party of which such candidate is a member. 77 4. Give the funds that have not been spent or obligated: 78 a.
In the case of a candidate for state office,To the 79 state, to be deposited in either the Election Campaign Financing 80 Trust Fund or the General Revenue Fund, as designated by the 81 candidate; or 82 b. In the case of a candidate for an office of a political83 subdivision,To a suchpolitical subdivision, to be deposited in 84 the general fund thereof. 85 Section 3. This act shall take effect July 1, 2021.