Florida Senate - 2007 SB 2808
By Senator Deutch
30-1054-07 See HB 393
1 A bill to be entitled
2 An act relating to campaign financing; amending
3 s. 106.011, F.S.; revising definitions;
4 amending s. 106.06, F.S.; requiring
5 electioneering communications organizations to
6 keep certain financial records; providing for
7 inspection and preservation of such financial
8 records; amending s. 106.07, F.S.; removing an
9 exception to a reporting requirement to list
10 the occupation of certain contributors;
11 specifying additional reporting requirements
12 for electioneering communications organizations
13 and political committees; amending s. 106.071,
14 F.S.; prohibiting certain political party
15 committees from making expenditures for
16 electioneering communications; amending s.
17 106.08, F.S.; providing prohibitions relating
18 to contributions to electioneering
19 communications organizations to which penalties
20 apply; amending s. 106.087, F.S.; deleting
21 restrictions and fines on political committees
22 and committees of continuous existence relating
23 to independent expenditures; amending s.
24 106.12, F.S.; correcting a cross-reference;
25 amending s. 106.143, F.S.; providing additional
26 requirements relating to certain radio and
27 television political advertisements; amending
28 s. 106.1439, F.S.; revising the disclaimer
29 required in electioneering communications;
30 amending s. 106.147, F.S.; revising the
31 disclosure statement requirements for certain
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Florida Senate - 2007 SB 2808
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1 telephone solicitations; amending s. 106.15,
2 F.S.; prohibiting candidates from knowingly
3 using the services of certain public employees
4 under specified circumstances; amending s.
5 106.19, F.S.; revising a ground for punishment
6 of candidates, persons connected with
7 campaigns, and committees relating to
8 contribution acceptance in excess of proscribed
9 limits; amending s. 106.295, F.S.; providing
10 for the disposal of all leadership funds
11 existing on a certain date; amending s. 106.33,
12 F.S.; correcting a cross-reference; amending s.
13 106.34, F.S.; deleting an obsolete reference;
14 amending s. 106.35, F.S.; revising a provision
15 relating to qualifying matching contributions
16 under the Florida Election Campaign Financing
17 Act; requiring candidates who receive funds
18 under the act, or their political parties, to
19 return such funds under specified
20 circumstances; repealing s. 106.191, F.S.,
21 relating to signatures gathered for initiative
22 petitions; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsections (6) through (19) of section
27 106.011, Florida Statutes, are renumbered as subsections (7)
28 through (20), respectively, and paragraph (b) of subsection
29 (1), paragraph (a) of subsection (4), and subsections (5),
30 (13), (17), and (18) are amended to read:
31
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Florida Senate - 2007 SB 2808
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1 106.011 Definitions.--As used in this chapter, the
2 following terms have the following meanings unless the context
3 clearly indicates otherwise:
4 (1)
5 (b) Notwithstanding paragraph (a), the following
6 entities are not considered political committees for purposes
7 of this chapter:
8 1. Organizations which are certified by the Department
9 of State as committees of continuous existence pursuant to s.
10 106.04, national political parties, and the state and county
11 executive committees of political parties regulated by chapter
12 103.
13 2. Corporations regulated by chapter 607 or chapter
14 617 or other business entities formed for purposes other than
15 to support or oppose issues or candidates, if their political
16 activities are limited to contributions to candidates,
17 political parties, or political committees or expenditures in
18 support of or opposition to an issue from corporate or
19 business funds and if no contributions are received by such
20 corporations or business entities.
21 3. Electioneering communications organizations as
22 defined in subsection (20) (19); however, such organizations
23 shall be required to register with and report expenditures and
24 contributions, including contributions received from
25 committees of continuous existence, to the Division of
26 Elections in the same manner, at the same time, and subject to
27 the same penalties as a political committee supporting or
28 opposing an issue or a legislative candidate, except as
29 otherwise specifically provided in this chapter.
30 (4)(a) "Expenditure" means a purchase, payment,
31 distribution, loan, advance, transfer of funds by a campaign
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Florida Senate - 2007 SB 2808
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1 treasurer or deputy campaign treasurer between a primary
2 depository and a separate interest-bearing account or
3 certificate of deposit, or gift of money or anything of value
4 made for the purpose of influencing the results of an election
5 or making an electioneering communication. However,
6 "expenditure" does not include a purchase, payment,
7 distribution, loan, advance, or gift of money or anything of
8 value made for the purpose of influencing the results of an
9 election when made by an organization, in existence prior to
10 the time during which a candidate qualifies or an issue is
11 placed on the ballot for that election, for the purpose of
12 communicating printing or distributing such organization's
13 newsletter, containing a statement by such organization in
14 support of or opposition to a candidate or issue, which
15 newsletter is distributed only to members of such
16 organization.
17 (5)(a) "Independent expenditure" means an expenditure
18 by a person for the purpose of expressly advocating the
19 election or defeat of a candidate or the approval or rejection
20 of an issue, which expenditure is not controlled by,
21 coordinated with, or made upon consultation with, any
22 candidate, political committee, or agent of such candidate or
23 committee. An expenditure for such purpose by a person having
24 a contract with the candidate, political committee, or agent
25 of such candidate or committee in a given election period
26 shall not be deemed an independent expenditure.
27 (6)(b) "Coordinated expenditure" means an expenditure
28 for the purpose of expressly advocating the election or defeat
29 of a candidate, or for an electioneering communication, which
30 is made by the national, state, or county executive committee
31 of a political party, including any subordinate committee of a
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1 national, state, or county committee of a political party, or
2 by any political committee, or committee of continuous
3 existence, or electioneering communications organization, or
4 any other person, shall not be considered an independent
5 expenditure if the committee, organization, or person:
6 1. Communicates with the candidate, the candidate's
7 campaign, the national, state, or county executive committee
8 of a political party, including any subordinate committee of a
9 national, state, or county committee of a political party
10 under which the candidate is a registered elector thereof, or
11 an agent of the candidate acting on behalf of the candidate,
12 including any pollster, media consultant, advertising agency,
13 vendor, advisor, or staff member, concerning the preparation
14 of, use of, or payment for, the specific expenditure or
15 advertising campaign at issue; or
16 2. Makes a payment in cooperation, consultation, or
17 concert with, at the request or suggestion of, or pursuant to
18 any general or particular understanding with the candidate,
19 the candidate's campaign, a political committee supporting the
20 candidate, the national, state, or county executive committee
21 of a political party, including any subordinate committee of a
22 national, state, or county committee of a political party
23 under which the candidate is a registered elector thereof, or
24 an agent of the candidate relating to the specific expenditure
25 or advertising campaign at issue; or
26 3. Makes a payment for the dissemination,
27 distribution, or republication, in whole or in part, of any
28 broadcast or any written, graphic, or other form of campaign
29 material prepared by the candidate;, the candidate's
30 campaign;, the national, state, or county executive committee
31 of a political party, including any subordinate committee of a
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1 national, state, or county committee of a political party
2 under which the candidate is a registered elector thereof; or
3 an agent of the candidate, including any pollster, media
4 consultant, advertising agency, vendor, advisor, or staff
5 member; or
6 4. Makes a payment based on information about the
7 candidate's plans, projects, or needs communicated to a member
8 of the committee or person by the candidate or an agent of the
9 candidate, provided the committee or person uses the
10 information in any way, in whole or in part, either directly
11 or indirectly, to design, prepare, or pay for the specific
12 expenditure or advertising campaign at issue; or
13 5. After the last day of qualifying for statewide or
14 legislative office, Consults about the candidate's plans,
15 projects, or needs in connection with the candidate's pursuit
16 of election to office and the information is used in any way
17 to plan, create, design, or prepare an independent expenditure
18 or advertising campaign, with:
19 a. Any officer, director, employee, or agent of a
20 national, state, or county executive committee of a political
21 party that has made or intends to make expenditures in
22 connection with or contributions to the candidate; or
23 b. Any person whose professional services have been
24 retained by a national, state, or county executive committee
25 of a political party that has made or intends to make
26 expenditures in connection with or contributions to the
27 candidate; or
28 6. After the last day of qualifying for statewide or
29 legislative office, Retains the professional services of any
30 person also providing those services to the candidate in
31
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1 connection with the candidate's pursuit of election to office;
2 or
3 7. Arranges, coordinates, or directs the expenditure,
4 in any way, with the candidate or an agent of the candidate.
5 (14)(13) "Communications media" means broadcasting
6 stations, newspapers, magazines, outdoor advertising
7 facilities, printers, direct mail, advertising agencies, the
8 Internet, and telephone companies; but with respect to
9 telephones, an expenditure shall be deemed to be an
10 expenditure for the use of communications media only if made
11 for the costs of telephones, paid telephonists, or automatic
12 telephone equipment to be used by a candidate or a political
13 committee to communicate with potential voters but excluding
14 any costs of telephones incurred by a volunteer for use of
15 telephones by such volunteer; however, with respect to the
16 Internet, an expenditure shall be deemed an expenditure for
17 use of communications media only if made for the cost of
18 creating or disseminating a message on a computer information
19 system accessible by more than one person but excluding
20 internal communications of a campaign or of any group.
21 (18)(17) "Political advertisement" means a paid
22 expression in any communications media prescribed in
23 subsection (14) (13), whether radio, television, newspaper,
24 magazine, periodical, campaign literature, direct mail, or
25 display or by means other than the spoken word in direct
26 conversation, which expressly advocates the election or defeat
27 of a candidate or the approval or rejection of an issue.
28 However, political advertisement does not include:
29 (a) A statement or depiction by an organization, in
30 existence prior to the time during which a candidate qualifies
31 or an issue is placed on the ballot for that election, in
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1 support of or opposition to a candidate or issue, made in that
2 organization's newsletter, which newsletter is distributed
3 only to the members of that organization.
4 (b) Editorial endorsements by any newspaper, radio or
5 television station, or other recognized news medium.
6 (19)(18)(a) "Electioneering communication" means a
7 paid expression in any communications media prescribed in
8 subsection (14) (13) by means other than the spoken word in
9 direct conversation that:
10 1. Refers to or depicts a clearly identified candidate
11 for office or contains a clear reference indicating that an
12 issue is to be voted on at an election, without expressly
13 advocating the election or defeat of a candidate or the
14 passage or defeat of an issue.
15 2. For communications referring to or depicting a
16 clearly identified candidate for office, is targeted to the
17 relevant electorate. A communication is considered targeted if
18 1,000 or more persons in the geographic area the candidate
19 would represent if elected will receive the communication.
20 3. For communications containing a clear reference
21 indicating that an issue is to be voted on at an election, is
22 published after the issue is designated a ballot position or
23 120 days before the date of the election on the issue,
24 whichever occurs first.
25 (b) The term "electioneering communication" does not
26 include:
27 1. A statement or depiction by an organization, in
28 existence prior to the time during which a candidate named or
29 depicted qualifies or an issue identified is placed on the
30 ballot for that election, made in that organization's
31
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Florida Senate - 2007 SB 2808
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1 newsletter, which newsletter is distributed only to members of
2 that organization.
3 2. An editorial endorsement, news story, commentary,
4 or editorial by any newspaper, radio, television station, or
5 other recognized news medium.
6 3. A communication that constitutes a public debate or
7 forum that includes at least two opposing candidates for an
8 office or one advocate and one opponent of an issue, or that
9 solely promotes such a debate or forum and is made by or on
10 behalf of the person sponsoring the debate or forum, provided
11 that:
12 a. The staging organization is either:
13 (I) A charitable organization that does not make other
14 electioneering communications and does not otherwise support
15 or oppose any political candidate or political party; or
16 (II) A newspaper, radio station, television station,
17 or other recognized news medium; and
18 b. The staging organization does not structure the
19 debate to promote or advance one candidate or issue position
20 over another.
21 (c) For purposes of this chapter, an expenditure made
22 for, or in furtherance of, an electioneering communication
23 shall not be considered a contribution to or on behalf of any
24 candidate.
25 (d) For purposes of this chapter, an electioneering
26 communication shall not constitute an independent expenditure
27 nor be subject to the limitations applicable to independent
28 expenditures.
29 Section 2. Section 106.06, Florida Statutes, is
30 amended to read:
31 106.06 Treasurer to keep records; inspections.--
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Florida Senate - 2007 SB 2808
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1 (1) The campaign treasurer of each candidate and the
2 campaign treasurer of each political committee and each
3 electioneering communications organization shall keep detailed
4 accounts, current within not more than 2 days after the date
5 of receiving a contribution or making an expenditure, of all
6 contributions received and all expenditures made by or on
7 behalf of the candidate, or political committee, or
8 organization that are required to be set forth in a statement
9 filed under this chapter. The campaign treasurer or
10 organization shall also keep detailed accounts of all deposits
11 made in any separate interest-bearing account or certificate
12 of deposit and of all withdrawals made therefrom to the
13 primary depository and of all interest earned thereon.
14 (2) Accounts, including separate interest-bearing
15 accounts and certificates of deposit, kept by the campaign
16 treasurer of a candidate or political committee or by an
17 electioneering communications organization may be inspected
18 under reasonable circumstances before, during, or after the
19 election to which the accounts refer by any authorized
20 representative of the Division of Elections or the Florida
21 Elections Commission. The right of inspection may be enforced
22 by appropriate writ issued by any court of competent
23 jurisdiction. The campaign treasurer of a political committee
24 supporting a candidate may be joined with the campaign
25 treasurer of the candidate as respondent in such a proceeding.
26 (3) Accounts kept by a campaign treasurer of a
27 candidate shall be preserved by the campaign treasurer for a
28 number of years equal to the term of office of the office to
29 which the candidate seeks election. Accounts kept by a
30 campaign treasurer of a political committee or by an
31 electioneering communications organization shall be preserved
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Florida Senate - 2007 SB 2808
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1 by such treasurer for at least 2 years after the date of the
2 election to which the accounts refer.
3 Section 3. Subsection (4) of section 106.07, Florida
4 Statutes, is amended to read:
5 106.07 Reports; certification and filing.--
6 (4)(a) Each report required by this section shall
7 contain:
8 1. The full name, address, and occupation, if any, of
9 each person who has made one or more contributions to or for
10 such committee or candidate within the reporting period,
11 together with the amount and date of such contributions. For
12 corporations, the report must provide as clear a description
13 as practicable of the principal type of business conducted by
14 the corporation. However, if the contribution is $100 or less
15 or is from a relative, as defined in s. 112.312, provided that
16 the relationship is reported, the occupation of the
17 contributor or the principal type of business need not be
18 listed.
19 2. The name and address of each political committee
20 from which the reporting committee or the candidate received,
21 or to which the reporting committee or candidate made, any
22 transfer of funds, together with the amounts and dates of all
23 transfers.
24 3. Each loan for campaign purposes to or from any
25 person or political committee within the reporting period,
26 together with the full names, addresses, and occupations, and
27 principal places of business, if any, of the lender and
28 endorsers, if any, and the date and amount of such loans.
29 4. A statement of each contribution, rebate, refund,
30 or other receipt not otherwise listed under subparagraphs 1.
31 through 3.
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1 5. The total sums of all loans, in-kind contributions,
2 and other receipts by or for such committee or candidate
3 during the reporting period. The reporting forms shall be
4 designed to elicit separate totals for in-kind contributions,
5 loans, and other receipts.
6 6. The full name and address of each person to whom
7 expenditures have been made by or on behalf of the committee
8 or candidate within the reporting period; the amount, date,
9 and purpose of each such expenditure; and the name and address
10 of, and office sought by, each candidate on whose behalf such
11 expenditure was made. However, expenditures made from the
12 petty cash fund provided by s. 106.12 need not be reported
13 individually.
14 7. The full name and address of each person to whom an
15 expenditure for personal services, salary, or reimbursement
16 for authorized expenses as provided in s. 106.021(3) has been
17 made and which is not otherwise reported, including the
18 amount, date, and purpose of such expenditure. However,
19 expenditures made from the petty cash fund provided for in s.
20 106.12 need not be reported individually.
21 8. The total amount withdrawn and the total amount
22 spent for petty cash purposes pursuant to this chapter during
23 the reporting period.
24 9. The total sum of expenditures made by such
25 committee or candidate during the reporting period.
26 10. The amount and nature of debts and obligations
27 owed by or to the committee or candidate, which relate to the
28 conduct of any political campaign.
29 11. A copy of each credit card statement which shall
30 be included in the next report following receipt thereof by
31 the candidate or political committee. Receipts for each credit
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Florida Senate - 2007 SB 2808
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1 card purchase shall be retained by the treasurer with the
2 records for the campaign account.
3 12. The amount and nature of any separate
4 interest-bearing accounts or certificates of deposit and
5 identification of the financial institution in which such
6 accounts or certificates of deposit are located.
7 13. The primary purposes of an expenditure made
8 indirectly through a campaign treasurer pursuant to s.
9 106.021(3) for goods and services such as communications media
10 placement or procurement services, campaign signs, insurance,
11 and other expenditures that include multiple components as
12 part of the expenditure. The primary purpose of an expenditure
13 shall be that purpose, including integral and directly related
14 components, that comprises 80 percent of such expenditure.
15 (b) In addition to the requirements of paragraph (a):
16 1. Each political committee or electioneering
17 communications organization report shall also include the name
18 of the candidate on whose behalf the expenditure was made, if
19 any expenditure was made to or for any communications media
20 that depicted a candidate or a candidate's opponent in either
21 a primary or general election. If the communication depicted
22 more than one candidate, the expenditure shall be divided
23 evenly among the depicted candidates.
24 2. Each electioneering communications organization
25 report shall also include a certification of whether the
26 expenditure was coordinated as defined by s. 106.011(6), if an
27 electioneering communications organization made any
28 expenditure.
29 (c)(b) The filing officer shall make available to any
30 candidate or committee a reporting form which the candidate or
31 committee may use to indicate contributions received by the
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1 candidate or committee but returned to the contributor before
2 deposit.
3 Section 4. Section 106.071, Florida Statutes, is
4 amended to read:
5 106.071 Independent expenditures; expenditures;
6 electioneering communications; reports; disclaimers.--
7 (1) Each person who makes an independent expenditure
8 with respect to any candidate or issue, and each individual
9 who makes an expenditure for an electioneering communication
10 which is not otherwise reported pursuant to this chapter,
11 which expenditure, in the aggregate, is in the amount of $100
12 or more, shall file periodic reports of such expenditures in
13 the same manner, at the same time, subject to the same
14 penalties, and with the same officer as a political committee
15 supporting or opposing such candidate or issue. The report
16 shall contain the full name and address of the person making
17 the expenditure; the full name and address of each person to
18 whom and for whom each such expenditure has been made; the
19 amount, date, and purpose of each such expenditure; a
20 description of the services or goods obtained by each such
21 expenditure; the issue to which the expenditure relates; and
22 the name and address of, and office sought by, each candidate
23 on whose behalf such expenditure was made.
24 (2) Any political advertisement paid for by an
25 independent expenditure shall prominently state "Paid
26 political advertisement paid for by ...(Name and address of
27 person paying for advertisement)... independently of any
28 ...(candidate or committee)...."
29 (3) Subsection (2) does not apply to novelty items
30 having a retail value of $10 or less which support, but do not
31 oppose, a candidate or issue.
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1 (4) Any person who fails to include the disclaimer
2 prescribed in subsection (2) in any political advertisement
3 that is required to contain such disclaimer commits a
4 misdemeanor of the first degree, punishable as provided in s.
5 775.082 or s. 775.083.
6 (5) A national, state, or county executive committee
7 of a political party, including any subordinate committee of a
8 national, state, or county committee of a political party, may
9 not make expenditures for an electioneering communication.
10 Section 5. Paragraph (c) of subsection (1) of section
11 106.08, Florida Statutes, is amended, paragraph (d) is added
12 to that subsection, and paragraph (e) is added to subsection
13 (5) of that section, to read:
14 106.08 Contributions; limitations on.--
15 (1)
16 (c) The contribution limits of this subsection apply
17 to each election. For purposes of this subsection, the primary
18 election and general election are separate elections so long
19 as the candidate is not an unopposed candidate as defined in
20 s. 106.011(16)(15). However, for the purpose of contribution
21 limits with respect to candidates for retention as a justice
22 or judge, there is only one election, which is the general
23 election.
24 (d) No person, political committee, or committee of
25 continuous existence may, in any election, make contributions
26 in excess of $5,000 to an electioneering communications
27 organization that makes any coordinated expenditure as defined
28 by s. 106.011(6). For purposes of this subsection, the primary
29 election and general election are not separate elections.
30 (5)
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1 (e) An electioneering communications organization may
2 not accept a contribution from any other electioneering
3 communications organization.
4 Section 6. Section 106.087, Florida Statutes, is
5 amended to read:
6 106.087 Independent expenditures; contribution limits;
7 restrictions on political parties and, political committees,
8 and committees of continuous existence.--
9 (1)(a) As a condition of receiving a rebate of filing
10 fees and party assessment funds pursuant to s. 99.061(2), s.
11 99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
12 treasurer of a state or county executive committee shall take
13 and subscribe to an oath or affirmation in writing. During the
14 qualifying period for state candidates and prior to
15 distribution of such funds, a printed copy of the oath or
16 affirmation shall be filed with the Secretary of State and
17 shall be substantially in the following form:
18
19 State of Florida
20 County of....
21 Before me, an officer authorized to administer oaths,
22 personally appeared ...(name)..., to me well known, who, being
23 sworn, says that he or she is the ...(title)... of the
24 ...(name of party)... ...(state or specified county)...
25 executive committee; that the executive committee has not
26 made, either directly or indirectly, an independent
27 expenditure in support of or opposition to a candidate or
28 elected public official in the prior 6 months; that the
29 executive committee will not make, either directly or
30 indirectly, an independent expenditure in support of or
31 opposition to a candidate or elected public official, through
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1 and including the upcoming general election; and that the
2 executive committee will not violate the contribution limits
3 applicable to candidates under s. 106.08(2), Florida Statutes.
4 ...(Signature of committee officer)...
5 ...(Address)...
6
7 Sworn to and subscribed before me this .... day of ....,
8 ...(year)..., at .... County, Florida.
9 ...(Signature and title of officer administering oath)...
10 (2)(b) Any executive committee found to have violated
11 the provisions of the oath or affirmation in this section
12 prior to receiving funds shall be ineligible to receive the
13 rebate for that general election year.
14 (3)(c) Any executive committee found to have violated
15 the provisions of the oath or affirmation in this section
16 after receiving funds shall be ineligible to receive the
17 rebate from candidates qualifying for the following general
18 election cycle.
19 (4)(d) Any funds not distributed to the state or
20 county executive committee pursuant to this section shall be
21 deposited into the General Revenue Fund of the state.
22 (2)(a) Any political committee or committee of
23 continuous existence that accepts the use of public funds,
24 equipment, personnel, or other resources to collect dues from
25 its members agrees not to make independent expenditures in
26 support of or opposition to a candidate or elected public
27 official. However, expenditures may be made for the sole
28 purpose of jointly endorsing three or more candidates.
29 (b) Any political committee or committee of continuous
30 existence that violates this subsection is liable for a civil
31 fine of up to $5,000 to be determined by the Florida Elections
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1 Commission or the entire amount of the expenditures, whichever
2 is greater.
3 Section 7. Subsection (3) of section 106.12, Florida
4 Statutes, is amended to read:
5 106.12 Petty cash funds allowed.--
6 (3) The petty cash fund so provided shall be spent
7 only in amounts less than $100 and only for office supplies,
8 transportation expenses, and other necessities. Petty cash
9 shall not be used for the purchase of time, space, or services
10 from communications media as defined in s. 106.011(14)(13).
11 Section 8. Subsection (4) of section 106.143, Florida
12 Statutes, is amended to read:
13 106.143 Political advertisements circulated prior to
14 election; requirements.--
15 (4)(a) Any political advertisement, including those
16 paid for by a political party, other than an independent
17 expenditure, offered by or on behalf of a candidate must be
18 approved in advance by the candidate. Such political
19 advertisement must expressly state that the content of the
20 advertisement was approved by the candidate and must state who
21 paid for the advertisement. The candidate shall provide a
22 written statement of authorization to the newspaper, radio
23 station, television station, or other medium for each such
24 advertisement submitted for publication, display, broadcast,
25 or other distribution.
26 (b) Any person who makes an independent expenditure
27 for a political advertisement shall provide a written
28 statement that no candidate has approved the advertisement to
29 the newspaper, radio station, television station, or other
30 medium for each such advertisement submitted for publication,
31 display, broadcast, or other distribution. The advertisement
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1 must also contain a statement that no candidate has approved
2 the advertisement.
3 (c) Any radio political advertisement paid for by a
4 political party and approved by the candidate, including any
5 such advertisement that references or depicts the candidate's
6 opponent, must contain a disclaimer recorded by the candidate
7 that approved the content of the advertisement, which states:
8 "This is (name of candidate), (party affiliation), for (office
9 sought), and I approve this message paid for by (political
10 party or committee paying for advertisement)".
11 (d) Any television political advertisement paid for by
12 a political party and approved by the candidate, including any
13 such advertisement that references or depicts the candidate's
14 opponent, must contain the same recorded disclaimer as
15 required by paragraph (c) except that the candidate must
16 appear on the screen while the disclaimer is read.
17 (e)(c) This subsection does not apply to campaign
18 messages used by a candidate and his or her supporters if
19 those messages are designed to be worn by a person.
20 Section 9. Section 106.1439, Florida Statutes, is
21 amended to read:
22 106.1439 Electioneering communications; disclaimers.--
23 (1) Any electioneering communication shall prominently
24 state: "Paid electioneering communication paid for by (Name
25 and address of person paying for the communication) , an
26 organization funded by [the top three contributors as
27 described in s. 106.1439(2)]."
28 (2) Any electioneering communication shall prominently
29 state in the disclaimer the names of the top three
30 contributors to the electioneering communications organization
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1 during the 12 months preceding the date on which the
2 electioneering communication is printed or disseminated.
3 (3)(2) Any person who fails to include the disclaimer
4 prescribed in this section in any electioneering communication
5 that is required to contain such disclaimer commits a
6 misdemeanor of the first degree, punishable as provided in s.
7 775.082 or s. 775.083.
8 Section 10. Paragraph (a) of subsection (1) of section
9 106.147, Florida Statutes, is amended to read:
10 106.147 Telephone solicitation; disclosure
11 requirements; prohibitions; exemptions; penalties.--
12 (1)(a) Any telephone call supporting or opposing a
13 candidate, elected public official, or ballot proposal must
14 identify the persons or organizations sponsoring the call by
15 stating at the beginning of the call either: "The following is
16 a paid telephone call paid for by_____" (insert name of
17 persons or organizations sponsoring the call) or "paid for on
18 behalf of_____" (insert name of persons or organizations
19 authorizing call). This paragraph does not apply to any
20 telephone call in which both the individual making the call is
21 not being paid and the individuals participating in the call
22 know each other prior to the call.
23 Section 11. Subsection (3) of section 106.15, Florida
24 Statutes, is amended to read:
25 106.15 Certain acts prohibited.--
26 (3) A candidate may not, in the furtherance of his or
27 her candidacy for nomination or election to public office in
28 any election, knowingly use the services of any state, county,
29 municipal, or district officer or employee during working
30 hours.
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1 Section 12. Paragraph (a) of subsection (1) of section
2 106.19, Florida Statutes, is amended to read:
3 106.19 Violations by candidates, persons connected
4 with campaigns, and political committees.--
5 (1) Any candidate; campaign manager, campaign
6 treasurer, or deputy treasurer of any candidate; committee
7 chair, vice chair, campaign treasurer, deputy treasurer, or
8 other officer of any political committee; agent or person
9 acting on behalf of any candidate or political committee; or
10 other person who knowingly and willfully:
11 (a) Accepts a contribution in excess of the limits
12 prescribed by s. 106.08 and does not return the amount by
13 which the contribution exceeds the limits set forth in s.
14 106.08 within 48 hours;
15
16 is guilty of a misdemeanor of the first degree, punishable as
17 provided in s. 775.082 or s. 775.083.
18 Section 13. Subsection (3) of section 106.295, Florida
19 Statutes, is amended to read:
20 106.295 Leadership fund.--
21 (3) This section applies to all leadership funds in
22 existence on or after July 1, 2006. Any leadership fund in
23 existence on July 1, 2006, shall dispose of all funds by
24 relinquishing control over how the funds are designated by the
25 political party or after January 1, 1990.
26 Section 14. Section 106.33, Florida Statutes, is
27 amended to read:
28 106.33 Election campaign financing; eligibility.--Each
29 candidate for the office of Governor or member of the Cabinet
30 who desires to receive contributions from the Election
31 Campaign Financing Trust Fund shall, upon qualifying for
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1 office, file a request for such contributions with the filing
2 officer on forms provided by the Division of Elections. If a
3 candidate requesting contributions from the fund desires to
4 have such funds distributed by electronic fund transfers, the
5 request shall include information necessary to implement that
6 procedure. For the purposes of ss. 106.30-106.36, candidates
7 for Governor and Lieutenant Governor on the same ticket shall
8 be considered as a single candidate. To be eligible to receive
9 contributions from the fund, a candidate may not be an
10 unopposed candidate as defined in s. 106.011(16)(15) and must:
11 (1) Agree to abide by the expenditure limits provided
12 in s. 106.34.
13 (2)(a) Raise contributions as follows:
14 1. One hundred fifty thousand dollars for a candidate
15 for Governor.
16 2. One hundred thousand dollars for a candidate for
17 Cabinet office.
18 (b) Contributions from individuals who at the time of
19 contributing are not state residents may not be used to meet
20 the threshold amounts in paragraph (a). For purposes of this
21 paragraph, any person validly registered to vote in this state
22 shall be considered a state resident.
23 (3) Limit loans or contributions from the candidate's
24 personal funds to $25,000 and contributions from national,
25 state, and county executive committees of a political party to
26 $250,000 in the aggregate, which loans or contributions shall
27 not qualify for meeting the threshold amounts in subsection
28 (2).
29 (4) Submit to a postelection audit of the campaign
30 account by the division.
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1 Section 15. Subsection (3) of section 106.34, Florida
2 Statutes, is amended to read:
3 106.34 Expenditure limits.--
4 (3) For purposes of this section, "Florida-registered
5 voter" means a voter who is registered to vote in Florida as
6 of June 30 of each odd-numbered year. The Division of
7 Elections shall certify the total number of Florida-registered
8 voters no later than July 31 of each odd-numbered year. Such
9 total number shall be calculated by adding the number of
10 registered voters in each county as of June 30 in the year of
11 the certification date. For the 2006 general election, the
12 Division of Elections shall certify the total number of
13 Florida-registered voters by July 31, 2005.
14 Section 16. Paragraph (b) of subsection (2) of section
15 106.35, Florida Statutes, is amended, and subsection (6) is
16 added to that section, to read:
17 106.35 Distribution of funds.--
18 (2)
19 (b) Qualifying matching contributions are those of
20 $250 or less from an individual, made after September 1 of the
21 calendar year prior to the election. Any contribution received
22 from an individual who is not a state resident at the time the
23 contribution is made shall not be considered a qualifying
24 matching contribution. For purposes of this paragraph, any
25 person validly registered to vote in this state shall be
26 considered a state resident. Aggregate contributions from an
27 individual in excess of $250 will be matched only up to $250.
28 A contribution from an individual, if made by check, must be
29 drawn on the personal bank account of the individual making
30 the contribution, as opposed to any form of business account,
31 regardless of whether the business account is for a
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1 corporation, partnership, sole proprietorship, trust, or other
2 form of business arrangement. For contributions made by check
3 from a personal joint account, the match shall only be for the
4 individual who actually signs the check.
5 (6) Any candidate who receives funds under the Florida
6 Election Campaign Financing Act shall return such funds to the
7 General Revenue Fund as follows:
8 (a) During a primary election, a candidate who expends
9 funds on any political advertisement that depicts, shows, or
10 references the candidate's opponent in the primary or general
11 election shall return to the General Revenue Fund an amount
12 equal to the amount of such expenditure. In no case shall the
13 candidate be required to return to the General Revenue Fund
14 more than the candidate received under the act.
15 (b) During a general election, a candidate, or the
16 political party of which the candidate is the nominee, who
17 expends funds on any political advertisement that depicts,
18 shows, or references the candidate's opponent in the general
19 election shall return to the General Revenue Fund an amount
20 equal to the amount of such expenditure. If the expenditure is
21 more than the candidate received under the act, then the
22 political party of which the candidate is the nominee shall
23 return such funds.
24 Section 17. Section 106.191, Florida Statutes, is
25 repealed.
26 Section 18. This act shall take effect July 1, 2007.
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