Florida Senate - 2022                      CS for CS for SB 1352
       
       
        
       By the Committees on Rules; and Ethics and Elections; and
       Senator Brodeur
       
       
       
       
       595-03327-22                                          20221352c2
    1                        A bill to be entitled                      
    2         An act relating to limitations on political
    3         contributions; amending s. 106.08, F.S.; defining the
    4         term “foreign national”; providing that a foreign
    5         national may not make or offer to make certain
    6         contributions or expenditures; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (12) is added to section 106.08,
   12  Florida Statutes, to read:
   13         106.08 Contributions; limitations on.—
   14         (12)(a)1. For purposes of this subsection, the term
   15  “foreign national” means:
   16         a. A foreign government;
   17         b. A foreign political party;
   18         c. A foreign corporation, partnership, association,
   19  organization, or other combination of persons organized under
   20  the laws of or having its principal place of business in a
   21  foreign country;
   22         d. A person with foreign citizenship; or
   23         e. A person who is not a citizen or national of the United
   24  States and is not lawfully admitted to the United States for
   25  permanent residence.
   26         2. The term does not include:
   27         a. A person who is a dual citizen or dual national of the
   28  United States and a foreign country.
   29         b. A domestic subsidiary of a foreign corporation,
   30  partnership, association, organization, or other combination of
   31  persons organized under the laws or having its principal place
   32  of business in a foreign country if:
   33         (I) The donations and disbursements used toward a
   34  contribution or an expenditure are derived entirely from funds
   35  generated by the subsidiary’s operations in the United States;
   36  and
   37         (II) All decisions concerning donations and disbursements
   38  used toward a contribution or an expenditure are made by
   39  individuals who either hold United States citizenship or are
   40  permanent residents of the United States. For purposes of this
   41  sub-sub-subparagraph, decisions concerning donations and
   42  disbursements do not include decisions regarding the
   43  subsidiary’s overall budget for contributions or expenditures in
   44  connection with an election.
   45         (b) Consistent with the requirements of 52 U.S.C. s. 30121
   46  and 11 C.F.R. s. 110.20, a foreign national may not make or
   47  offer to make, directly or indirectly, a contribution or an
   48  expenditure in connection with any election held in the state.
   49         Section 2. This act shall take effect July 1, 2022.