2021 Legislature                           CS for CS for SB 1890
    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.
   21  Be It Enacted by the Legislature of the State of Florida:
   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 political
   83  subdivision, To a such political subdivision, to be deposited in
   84  the general fund thereof.
   85         Section 3. This act shall take effect July 1, 2021.