Florida Senate - 2022                                    SB 1836
       By Senator Taddeo
       40-01193C-22                                          20221836__
    1                        A bill to be entitled                      
    2         An act relating to electioneering communications
    3         organizations; amending s. 106.011, F.S.; revising the
    4         definition of the term “electioneering communication”;
    5         amending s. 106.03, F.S.; revising the expenditure
    6         level at which groups engaged in electioneering
    7         communications must file a statement of organization
    8         with specified entities within a specified timeframe;
    9         requiring electioneering communications organizations
   10         to include certain information in their statements of
   11         organization; providing for civil penalties for late
   12         filings; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraph (a) of subsection (8) of section
   17  106.011, Florida Statutes, is amended to read:
   18         106.011 Definitions.—As used in this chapter, the following
   19  terms have the following meanings unless the context clearly
   20  indicates otherwise:
   21         (8)(a) “Electioneering communication” means a text message
   22  or communication that is publicly distributed by a television
   23  station, radio station, cable television system, satellite
   24  system, newspaper, magazine, direct mail, or telephone which:
   25         1. Refers to or depicts a clearly identified candidate for
   26  office without expressly advocating the election or defeat of a
   27  candidate but that is susceptible of no reasonable
   28  interpretation other than an appeal to vote for or against a
   29  specific candidate;
   30         2. Is made after the close of the qualifying period within
   31  30 days before a primary or special primary election or 60 days
   32  before any other election for the office sought by the
   33  candidate; and
   34         3. Is targeted to the relevant electorate in the geographic
   35  area the candidate would represent if elected.
   36         Section 2. Present subsection (7) of section 106.03,
   37  Florida Statutes, is redesignated as subsection (8), a new
   38  subsection (7) is added to that section, and paragraph (b) of
   39  subsection (1) and subsection (2) of that section are amended,
   40  to read:
   41         106.03 Registration of political committees and
   42  electioneering communications organizations.—
   43         (1)
   44         (b)1. Each group shall file a statement of organization as
   45  an electioneering communications organization within 24 hours
   46  after the date on which it makes expenditures for an
   47  electioneering communication in excess of $1,000 $5,000, if such
   48  expenditures are made within the timeframes specified in s.
   49  106.011(8)(a)2. If the group makes expenditures for an
   50  electioneering communication in excess of $1,000 $5,000 before
   51  the timeframes specified in s. 106.011(8)(a)2., it must shall
   52  file the statement of organization within 24 hours after the
   53  close of the qualifying period for the office sought by the
   54  candidate 30th day before a primary or special primary election,
   55  or within 24 hours after the 60th day before any other election,
   56  whichever is applicable.
   57         2.a. In a statewide, legislative, or multicounty election,
   58  an electioneering communications organization shall file a
   59  statement of organization with the Division of Elections.
   60         b. In a countywide election or any election held on less
   61  than a countywide basis, except as described in sub-subparagraph
   62  c., an electioneering communications organization shall file a
   63  statement of organization with the supervisor of elections of
   64  the county in which the election is being held.
   65         c. In a municipal election, an electioneering
   66  communications organization shall file a statement of
   67  organization with the officer before whom municipal candidates
   68  qualify.
   69         d. Any electioneering communications organization that
   70  would be required to file a statement of organization in two or
   71  more locations need only file a statement of organization with
   72  the Division of Elections.
   73         (2) The statement of organization must shall include all of
   74  the following:
   75         (a) The name, mailing address, and street address of the
   76  committee or electioneering communications organization.;
   77         (b) The names, street addresses, and relationships of
   78  affiliated or connected organizations, including any affiliated
   79  sponsors.;
   80         (c) The area, scope, or jurisdiction of the committee or
   81  electioneering communications organization.;
   82         (d) The name, mailing address, street address, and position
   83  of the custodian of books and accounts.;
   84         (e) The name, mailing address, street address, and position
   85  of other principal officers, including the treasurer and deputy
   86  treasurer, if any, and a copy of a government-issued
   87  identification credential for each principal officer. The
   88  mailing address must be a physical location and may not be a
   89  post office box address.;
   90         (f) The name, address, office sought, and party affiliation
   91  of:
   92         1. Each candidate whom the committee is supporting; and
   93         2. Any other individual, if any, whom the committee is
   94  supporting for nomination for election, or election, to any
   95  public office whatever.;
   96         (g) Any issue or issues the committee is supporting or
   97  opposing.;
   98         (h) If the committee is supporting the entire ticket of any
   99  party, a statement to that effect and the name of the party.;
  100         (i) A statement of whether the committee is a continuing
  101  one.;
  102         (j) Plans for the disposition of residual funds which will
  103  be made in the event of dissolution.;
  104         (k) A listing of all banks, safe-deposit boxes, or other
  105  depositories used for committee or electioneering communications
  106  organization funds.;
  107         (l) For electioneering communications organizations, a
  108  listing of:
  109         1.The full name, address, and occupation, if any, of each
  110  person who has made one or more contributions to or for such
  111  electioneering communications organization before the filing of
  112  the statement of organization, together with the amount and date
  113  of such contributions. For corporations, the listing must
  114  provide as clear a description as practicable of the principal
  115  type of business conducted by the corporation. However, if the
  116  contribution is $100 or less, the occupation of the contributor
  117  or the principal type of business need not be listed.
  118         2.The name and address of each political committee from
  119  which or to which the reporting electioneering communications
  120  organization made any transfer of funds, together with the
  121  amounts and dates of all transfers.
  122         3.Each loan for electioneering communications purposes to
  123  or from any person or political committee before the filing of
  124  the statement of organization, together with the full names,
  125  addresses, and occupations and principal places of business, if
  126  any, of the lender and endorsers, if applicable, and the date
  127  and amount of such loans.
  128         4.A statement of each contribution, rebate, refund, or
  129  other receipt not otherwise listed under subparagraphs 1., 2.,
  130  or 3.
  131         5.The total sums of all loans, in-kind contributions, and
  132  other receipts by or for such electioneering communications
  133  organization before the filing of the statement of organization.
  134  The sums must be listed separately for all loans, in-kind
  135  contributions, and other receipts.
  136         6.The full name and address of each person to whom
  137  expenditures have been made by or on behalf of the
  138  electioneering communications organization within the reporting
  139  period and the amount, date, and purpose of each expenditure.
  140         7.The full name and address of each person to whom an
  141  expenditure for personal services, salary, or reimbursement for
  142  expenses has been made and which is not otherwise reported,
  143  including the amount, date, and purpose of the expenditure.
  144         8.The total sum of expenditures made by the electioneering
  145  communications organization.
  146         9.The amount and nature of debts and obligations owed by
  147  or to the electioneering communications organization which
  148  relate to the conduct of any electioneering communication.
  149         10.Transaction information for each credit card purchase.
  150  Receipts for each credit card purchase must be retained by the
  151  electioneering communications organization.
  152         11.The amount and nature of any separate interest-bearing
  153  accounts or certificates of deposit and identification of the
  154  financial institution in which such accounts or certificates of
  155  deposit are located.
  156         12.The primary purposes of an expenditure made indirectly
  157  through an electioneering communications organization for goods
  158  and services, such as communications media placement or
  159  procurement services and other expenditures that include
  160  multiple components as part of the expenditure. The primary
  161  purpose of an expenditure must be that purpose, including
  162  integral and directly related components, which comprises 80
  163  percent of such expenditure.
  164         (m) A statement of the reports required to be filed by the
  165  committee or the electioneering communications organization with
  166  federal officials, if any, and the names, addresses, and
  167  positions of such officials.; and
  168         (n)(m) A statement of whether the electioneering
  169  communications organization was formed as a newly created
  170  organization during the current calendar quarter or was formed
  171  from an organization existing prior to the current calendar
  172  quarter. For purposes of this subsection, calendar quarters end
  173  the last day of March, June, September, and December.
  174         (7) Any group that fails to file a statement of
  175  organization in accordance with the timeframe prescribed in
  176  paragraph (1)(b) is subject to a daily fine. The fine is $500
  177  per day for the first 3 days late and, thereafter, $2,500 per
  178  day for each day late.
  179         Section 3. This act shall take effect July 1, 2022.