05- 1 Chapter 2011-40 Laws of Florida Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
106.011 Definitions. As used in this chapter, the following terms have
the following meanings unless the context clearly indicates otherwise:
(3) "Contribution" means:
(a) A gift, subscription, conveyance, deposit, loan, payment, or distribu-
tion of money or anything of value, including contributions in kind having an
attributable monetary value in any form, made for the purpose of influencing
the results of an election or making an electioneering communication.
(b) A transfer of funds between political committees, between committees
of continuous existence, between electioneering communications organiza-
tions, or between any combination of these groups.
(c) The payment, by any person other than a candidate or political
committee, of compensation for the personal services of another person which
are rendered to a candidate or political committee without charge to the
candidate or committee for such services.
(d) The transfer of funds by a campaign treasurer or deputy campaign
treasurer between a primary depository and a separate interest - bearing
account or certificate of deposit, and the term includes any interest earned on
such account or certificate.
Notwithstanding the foregoing meanings of "contribution," the term may
not be construed to include services, including, but not limited to,
legal and accounting services, provided without compensation by individuals
volunteering a portion or all of their time on behalf of a candidate or political
committee. - - . - - - • • . - - - : - . . - • . - - • - : - .: - editorial
endorsements.
(5)
(b) An expenditure for the purpose of expressly advocating the election or
defeat of a candidate which is made by the national, state, or county
executive committee of a political party, including any subordinate commit-
tee of a national, state, or county committee of a political party, or by any
political committee or committee of continuous existence, or any other
person, shall not be considered an independent expenditure if the committee
or person:
1. Communicates with the candidate, the candidate's campaign, or an
agent of the candidate acting on behalf of the candidate, including any
pollster, media consultant, advertising agency, vendor, advisor, or staff
member, concerning the preparation of, use of, or payment for, the specific
expenditure or advertising campaign at issue; or
2. Makes a payment in cooperation, consultation, or concert with, at the
request or suggestion of, or pursuant to any general or particular under-
standing with the candidate, the candidate's campaign, a political committee
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
supporting the candidate, or an agent of the candidate relating to the specific
expenditure or advertising campaign at issue; or
3. Makes a payment for the dissemination, distribution, or republication,
in whole or in part, of any broadcast or any written, graphic, or other form of
campaign material prepared by the candidate, the candidate's campaign, or
an agent of the candidate, including any pollster, media consultant,
advertising agency, vendor, advisor, or staff member; or
4. Makes a payment based on information about the candidate's plans,
projects, or needs communicated to a member of the committee or person by
the candidate or an agent of the candidate, provided the committee or person
uses the information in any way, in whole or in part, either directly or
indirectly, to design, prepare, or pay for the specific expenditure or
advertising campaign at issue; or
5. After the last day of the qualifying period prescribed for the candidate
for statcwidc or legislative office, consults about the candidate's plans,
projects, or needs in connection with the candidate's pursuit of election to
office and the information is used in any way to plan, create, design, or
prepare an independent expenditure or advertising campaign, with:
a. Any officer, director, employee, or agent of a national, state, or county
executive committee of a political party that has made or intends to make
expenditures in connection with or contributions to the candidate; or
b. Any person whose professional services have been retained by a
national, state, or county executive committee of a political party that has
made or intends to make expenditures in connection with or contributions to
the candidate; or
6. After the last day of the qualifying period prescribed for the candidate
for statcwidc or legislative office, retains the professional services of any
person also providing those services to the candidate in connection with the
candidate's pursuit of election to office; or
7. Arranges, coordinates, or directs the expenditure, in any way, with the
candidate or an agent of the candidate.
(15) "Unopposed candidate" means a candidate for nomination or election
to an office who, after the last day on which any person, including a write -in
candidate, may qualify, is without opposition in the election at which the
office is to be filled or who is without such opposition after such date as a
result of any primary election or of withdrawal by other candidates seeking
the same office. A candidate is not an unopposed candidate if there is a
vacancy to be filled under s. 100.111(3) s. 100.111(4), if there is a legal
proceeding pending regarding the right to a ballot position for the office
sought by the candidate, or if the candidate is seeking retention as a justice or
judge.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
(16) "Candidate" means any person to whom any one or more of the
following apply:
(c) Any person who receives contributions or makes expenditures, or
consents for any other person to receive contributions or make expenditures,
with a view to bring about his or her nomination or election to, or retention
in, public office. However, this definition does not include any candidate for a
political party executive committee. Expenditures related to potential
candidate polls as provided in s. 106.17 are not contributions or expenditures
for purposes of this subsection.
Section 53. Subsection (3) of section 106.021, Florida Statutes, is
amended to read:
106.021 Campaign treasurers; deputies; primary and secondary deposi-
tories. —
(3) No contribution or expenditure, including contributions or expendi-
tures of a candidate or of the candidate's family, shall be directly or indirectly
made or received in furtherance of the candidacy of any person for
nomination or election to political office in the state or on behalf of any
political committee except through the duly appointed campaign treasurer of
the candidate or political committee, subject to the following exceptions:
(a) Independent expenditures;
(b) Reimbursements to a candidate or any other individual for expenses
incurred in connection with the campaign or activities of the political
committee by a check drawn upon the campaign account and reported
pursuant to s. 106.07(4). After July 1, 2004, The full name and address of
each person to whom the candidate or other individual made payment for
which reimbursement was made by check drawn upon the campaign account
shall be reported pursuant to s. 106.07(4), together with the purpose of such
payment;
(c) Expenditures made indirectly through a treasurer for goods or
services, such as communications media placement or procurement services,
campaign signs, insurance, or other expenditures that include multiple
integral components as part of the expenditure and reported pursuant to s.
106.07(4)(a)13.; or
(d) Expenditures made directly by any political committee or political
party regulated by chapter 103 for obtaining time, space, or services in or by
any communications medium for the purpose of jointly endorsing three or
more candidates, and any such expenditure shall not be considered a
contribution or expenditure to or on behalf of any such candidates for the
purposes of this chapter.
Section 54. Section 106.022, Florida Statutes, is amended to read:
106.022 Appointment of a registered agent; duties. -
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
(1) Each political committee, committee of continuous existence, or
electioneering communications organization shall have and continuously
maintain in this state a registered office and a registered agent and must file
with the filing officer division a statement of appointment for the registered
office and registered agent. The statement of appointment must:
(a) Provide the name of the registered agent and the street address and
phone number for the registered office;
(b) Identify the entity for whom the registered agent serves;
(c) Designate the address the registered agent wishes to use to receive
mail;
(d) Include the entity's undertaking to inform the filing officer division of
any change in such designated address;
(e) Provide for the registered agent's acceptance of the appointment,
which must confirm that the registered agent is familiar with and accepts the
obligations of the position as set forth in this section; and
(f) Contain the signature of the registered agent and the entity engaging
the registered agent.
(2) An entity may change its appointment of registered agent and
registered office under this section by executing a written statement of
change and filing it with the filing officer. The statement must satisfy that
identifies the former registered agent and rcgiot - - : ::: - - - : - : -
satisfies all of the requirements of subsection (1).
(3) A registered agent may resign his or her appointment as registered
agent by executing a written statement of resignation and filing it with the
filing officer division. An entity without a registered agent may not make
expenditures or accept contributions until it files a written statement of
change as required in subsection (2).
Section 55. Subsection (1) of section 106.023, Florida Statutes, is
amended to read:
106.023 Statement of candidate. —
(1) Each candidate must file a statement with the qualifying officer
within 10 days after filing the appointment of campaign treasurer and
designation of campaign depository, stating that the candidate has read and
understands the requirements of this chapter. Such statement shall be
provided by the filing officer and shall be in substantially the following form:
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
STATEMENT OF CANDIDATE
I, , candidate for the office of , have been provided access to received,
read and understand the requirements of Chapter 106, Florida Statutes.
...(Signature of candidate)... ...(Date)...
Willful failure to file this form is a violation of ss. 106.19(1)(c) and 106.25(3),
F.S.
Section 56. Paragraph (c) of subsection (1) of section 106.025, Florida
Statutes, is amended to read:
106.025 Campaign fund raisers. —
(1)
(c) Any tickets or advertising for such a campaign fund raiser is exempt
from the requirements of s. 106.143- - : • : - : • - - - • - - - • - -- - - :
Section 57. Subsection (1) and paragraph (d) of subsection (3) of section
106.03, Florida Statutes, are amended to read:
106.03 Registration of political committees and electioneering commu-
nications organizations. —
(1)(a) Each political committee that receives anticipates receiving con-
tributions or makes maldng expenditures during a calendar year in an
aggregate amount exceeding $500 or that seeks is seeking the signatures of
registered electors in support of an initiative shall file a statement of
organization as provided in subsection (3) within 10 days after its organiza-
tion: , • - , • - - ! :• • : -- -- 4: -; - • • - • • - : • - ;
expenditures in excess of $500. If a political committee is organized within 10
days of any election, it shall immediately file the statement of organization
required by this section.
(b)1. Each ou - - • • : • - - - - - • : -- •- . - • • : _ - ; - • ation that rc
- : •• : • - - • - - . ' - _ :.. ,199 shall file a statement of organization as
an electioneering communications organization aph 2.
. - : - : • - :. • • • - • - - - . - • - • - - • - within
24 hours after the date on which it receives contributions or makes
expenditures for an electioneering communication in excess of $5,000 if
such expenditures are made within the timeframes specified in s.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
106.011(18)(a)2. If the group makes expenditures for an electioneering
communication in excess of $5,000 before the timeframes specified in s.
106.011(18)(a)2., it shall file the statement of organization within 24 hours
after the 30th day before a primary or special primary election, or within 24
hours after the 60th day before any other election, whichever is applicable.
2.a. In a statewide, legislative, or multicounty election, an electioneering
communications organization shall file a statement of organization with the
Division of Elections.
b. In a countywide election or any election held on less than a countywide
basis, except as described in sub - subparagraph c., an electioneering com-
munications organization shall file a statement of organization with the
supervisor of elections of the county in which the election is being held.
c. In a municipal election, an electioneering communications organiza-
tion shall file a statement of organization with the officer before whom
municipal candidates qualify.
d. Any electioneering communications organization that would be
required to file a statement of organization in two or more locations by
- - : •• . : - - : • : - • - : - •• - - need only file a statement
of organization with the Division of Elections.
(3)
(d) Any political committee which would be required under this subsec-
tion to file a statement of organization in two or more locations by reason of
•• . .. • . - : : • . - . . ... - •- - - need file only with the Division
of Elections.
Section 58. Subsection (4) of section 106.04, Florida Statutes, is
amended, present subsections (7) and (8) of that section are amended and
renumbered as subsections (8) and (9), respectively, and a new subsection (7)
is added to that section, to read:
106.04 Committees of continuous existence. —
(4)(a) Each committee of continuous existence shall file an annual report
with the Division of Elections during the month of January. Such annual
reports shall contain the same information and shall be accompanied by the
same materials as original applications filed pursuant to subsection (2).
However, the charter or bylaws need not be filed if the annual report is
accompanied by a sworn statement by the chair that no changes have been
made to such charter or bylaws since the last filing.
(b)1. Each committee of continuous existence shall file regular reports
with the Division of Elections at the same times and subject to the same filing
conditions as are established by s. 106.07(1) and (2) for candidates' reports. In
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
addition, when a special election is called to fill a vacancy in office, a
committee of continuous existence that makes a contribution or expenditure
to influence the results of such special election or the preceding special
primary election must file campaign finance reports with the filing officer on
the dates set by the Department of State pursuant to s. 100.111.
2. Any committee of continuous existence failing to so file a report with
the Division of Elections or applicable filing officer pursuant to this
paragraph on the designated due date shall be subject to a fine for late
filing as provided by this section.
(c) All committees of continuous existence shall file their reports with the
Division of Elections. Reports shall be filed in accordance with s. 106.0705
and shall contain the following information:
1. The full name, address, and occupation of each person who has made
one or more contributions, including contributions that represent the
payment of membership dues, to the committee during the reporting period,
together with the amounts and dates of such contributions. For corporations,
the report must provide as clear a description as practicable of the principal
type of business conducted by the corporation. However, if the contribution is
$100 or less, the occupation of the contributor or principal type of business
need not be listed. However, for any contributions that represent the
payment of dues by members in a fixed amount aggregating no more than
$250 per calendar year, pursuant to the schedule on file with the Division of
Elections, only the aggregate amount of such contributions need be listed,
together with the number of members paying such dues and the amount of
the membership dues.
2. The name and address of each political committee or committee of
continuous existence from which the reporting committee received, or the
name and address of each political committee, committee of continuous
existence, or political party to which it made, any transfer of funds, together
with the amounts and dates of all transfers.
3. Any other receipt of funds not listed pursuant to subparagraph 1. or
subparagraph 2., including the sources and amounts of all such funds.
4. The name and address of, and office sought by, each candidate to whom
the committee has made a contribution during the reporting period, together
with the amount and date of each contribution.
5. The full name and address of each person to whom expenditures have
been made by or on behalf of the committee within the reporting period; the
amount, date, and purpose of each such expenditure; and the name and
address, and office sought by, each candidate on whose behalf such
expenditure was made.
6. The full name and address of each person to whom an expenditure for
personal services, salary, or reimbursement for authorized expenses has
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
been made, including the full name and address of each entity to whom the
person made payment for which reimbursement was made by check drawn
upon the committee account, together with the amount and purpose of such
payment.
7. Transaction information from each credit card purchase statement
committee. Receipts for each credit card purchase shall be retained by the
treasurer with the records for the committee account.
8. The total sum of expenditures made by the committee during the
reporting period.
(d) The treasurer of each committee shall certify as to the correctness of
each report and shall bear the responsibility for its accuracy and veracity.
Any treasurer who willfully certifies to the correctness of a report while
knowing that such report is incorrect, false, or incomplete commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
(7) Any change in information previously submitted to the division shall
be reported within 10 days following the change.
L(7) If a committee of continuous existence ceases to meet the criteria
prescribed by subsection (1), the Division of Elections shall revoke its
certification until-such-time-as-the criteria are . The Division of
Elections shall adopt promulgate rules to prescribe the manner in which the
such certification of a committee of continuous existence shall be revoked.
Such rules shall, at a minimum, provide for:
(a) Notice, which must shall contain the facts and conduct that warrant
the intended action.
(b) Adequate opportunity to respond.
(c) Appeal of the decision to the Florida Elections Commission. Such
appeals are shall be exempt from the confidentiality provisions of s. 106.25.
(9)($)(a) Any committee of continuous existence failing to file a report on
the designated due date is shall be subject to a fine. The fine shall be $50 per
day for the first 3 days late and, thereafter, $500 per day for each late day, not
to exceed 25 percent of the total receipts or expenditures, whichever is
greater, for the period covered by the late report. However, for the reports
immediately preceding each primary and general election, including a
special primary election and a special general election, the fine shall be
$500 per day for each late day, not to exceed 25 percent of the total receipts or
expenditures, whichever is greater, for the period covered by the late report.
The fine shall be assessed by the filing officer, and the moneys collected shall
be deposited into:
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
L In The General Revenue Fund, in the case of fines collected by the
Division of Elections.
2. The general revenue fund of the political subdivision, in the case of
fines collected by a county or municipal filing officer. No separate fine shall
be assessed for failure to file a copy of any report required by this section.
(b) Upon determining that a report is late, the filing officer shall
immediately notify the treasurer of the committee or the committee's
registered agent as to the failure to file a report by the designated due
date and that a fine is being assessed for each late day. Upon receipt of the
report, the filing officer shall determine the amount of fine which is due and
shall notify the treasurer of the committee. Notice is deemed complete upon
proof of delivery of written notice to the mailing or street address on record
with the filing officer. The filing officer shall determine the amount of the fine
due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier company is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the
notice of payment due, unless appeal is made to the Florida Elections
Commission pursuant to paragraph (c). An officer or member of a committee
is shall not be personally liable for such fine.
(c) Any treasurer of a committee may appeal or dispute the fine, based
upon unusual circumstances surrounding the failure to file on the designated
due date, and may request and is shall -be entitled to a hearing before the
Florida Elections Commission, which may - - : .. - - - :. - ; : waive
the fine in whole or in part. Any such request must shall be made within 20
days after receipt of the notice of payment due. - . - - : - - , - - : - . -
The committee shall file the appeal with , within the 20 day period, notify the
• -; -- -- •: :: • .. .. - . ; - the
commission, with a copy provided to the filing officer.
(d) The filing officer shall notify the Florida Elections Commission of the
repeated late filing by a committee of continuous existence, the failure of a
committee of continuous existence to file a report after notice, or the failure to
pay the fine imposed.
Section 59. Section 106.07, Florida Statutes, is amended to read:
106.07 Reports; certification and filing. —
(1) Each campaign treasurer designated by a candidate or political
committee pursuant to s. 106.021 shall file regular reports of all
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
contributions received, and all expenditures made, by or on behalf of such
candidate or political committee. Except for the third calendar quarter
immediately preceding a general election, reports shall be filed on the 10th
day following the end of each calendar quarter from the time the campaign
treasurer is appointed, except that, if the 10th day following the end of a
calendar quarter occurs on a Saturday, Sunday, or legal holiday, the report
shall be filed on the next following day which is not a Saturday, Sunday, or
legal holiday. Quarterly reports shall include all contributions received and
expenditures made during the calendar quarter which have not otherwise
been reported pursuant to this section.
(a) Except as provided in paragraph (b), flowing the last day of
.: • - : : =- • the reports shall also be filed on the 32nd, 18th, and
4th days immediately preceding the primary and on the 46th, 32nd, 18th,
and 4th days immediately preceding the election, for a candidate who is
opposed in seeking nomination or election to any office, for a political
committee, or for a committee of continuous existence.
(b) - : : • - : - - : - :: :.: • - , Any statewide candidate
who has requested to receive contributions pursuant to from the Florida
Election Campaign Financing Act Trust Fund or any statewide candidate in
a race with a candidate who has requested to receive contributions pursuant
to from the act trust -fund shall also file reports on the 4th, 11th, 18th, 25th,
and 32nd days prior to the primary election, and on the 4th, 11th, 18th, 25th,
32nd, 39th, 46th, and 53rd days prior to the general election.
(c) Following the last day of qualifying for office, any unopposed
candidate need only file a report within 90 days after the date such candidate
became unopposed. Such report shall contain all previously unreported
contributions and expenditures as required by this section and shall reflect
disposition of funds as :required by s. 106.141.
(d)1. When a special election is called to fill a vacancy in office, all
political committees and committees of continuous existence making con-
tributions or expenditures to influence the results of such special election or
the preceding special primary election shall file campaign treasurers' reports
with the filing officer on the dates set by the Department of State pursuant to
s. 100.111.
2. When an election is called for an issue to appear on the ballot at a time
when no candidates are scheduled to appear on the ballot, all political
committees making contributions or expenditures in support of or in
opposition to such issue shall file reports on the 18th and 4th days prior
to such election.
(e) The filing officer shall provide each candidate with a schedule
designating the beginning and end of reporting periods as well as the
corresponding designated due dates.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
(2)(a)1. All reports required of a candidate by this section shall be filed
with the officer before whom the candidate is required by law to qualify. All
candidates who file with the Department of State shall file their reports
pursuant to s. 106.0705. Except as provided in s. 106.0705, reports shall be
filed not later than 5 p.m. of the day designated; however, any report
postmarked by the United States Postal Service no later than midnight of the
day designated shall be deemed to have been filed in a timely manner. Any
report received by the filing officer within 5 days after the designated due
date that was delivered by the United States Postal Service shall be deemed
timely filed unless it has a postmark that indicates that the report was
mailed after the designated due date. A certificate of mailing obtained from
and dated by the United States Postal Service at the time of mailing, or a
receipt from an established courier company, which bears a date on or before
the date on which the report is due, shall be proof of mailing in a timely
manner. Reports shall contain information of all previously unreported
contributions received and expenditures made as of the preceding Friday,
except that the report filed on the Friday immediately preceding the election
shall contain information of all previously unreported contributions received
and expenditures made as of the day preceding that designated due date. All
such reports shall be open to public inspection.
2. This subsection does not prohibit the governing body of a political
subdivision, by ordinance or resolution, from imposing upon its own officers
and candidates electronic filing requirements not in conflict with s. 106.0705.
Expenditure of public funds for such purpose is deemed to be for a valid
public purpose.
(b)1. Any report that whieh is deemed to be incomplete by the officer with
whom the candidate qualifies shall be accepted on a conditional basis., and
The campaign treasurer shall be notified by certified registered mail or by
another method using a common carrier that provides a proof of delivery of
the notice as to why the report is incomplete and within 7 be given 3 days
after from receipt of such notice must to file an addendum to the report
providing all information necessary to complete the report in compliance
with this section. Failure to file a complete report after such notice
constitutes a violation of this chapter.
2. Notice is deemed complete upon proof of delivery of a written notice to
the mailing or street address of the campaign treasurer or registered agent of
record with the filing officer. In lieu of the notice by registered mail as
required in subparagraph 1., thc qualifying officer may notify the campaign
treasurer by tcicphonc that the rcport is incomplete and request thc
information necessary to complete thc rcport. If, however, such information
is not received by thc qualifying officer within 3 days after thc tcicphonc
subparagraph 1.
(3) Reports required of a political committee shall be filed with the
agency or officer before whom such committee registers pursuant to s.
106.03(3) and shall be subject to the same filing conditions as established for
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
candidates' reports. Incomplete reports by political committees shall be
treated in the manner provided for incomplete reports by candidates in
subsection (2).
(4)(a) Each report required by this section must shall contain:
1. The full name, address, and occupation, if any of each person who has
made one or more contributions to or for such committee or candidate within
the reporting period, together with the amount and date of such contribu-
tions. For corporations, the report must provide as clear a description as
practicable of the principal type of business conducted by the corporation.
However, if the contribution is $100 or less or is from a relative, as defined in
s. 112.312, provided that the relationship is reported, the occupation of the
contributor or the principal type of business need not be listed.
2. The name and address of each political committee from which the
reporting committee or the candidate received, or to which the reporting
committee or candidate made, any transfer of funds, together with the
amounts and dates of all transfers.
3. Each loan for campaign purposes to or from any person or political
committee within the reporting period, together with the full names,
addresses, and occupations, and principal places of business, if any, of the
lender and endorsers, if any, and the date and amount of such loans.
4. A statement of each contribution, rebate, refund, or other receipt not
otherwise listed under subparagraphs 1. through 3.
5. The total sums of all loans, in -kind contributions, and other receipts by
or for such committee or candidate during the reporting period. The
reporting forms shall be designed to elicit separate totals for in -kind
contributions, loans, and other receipts.
6. The full name and address of each person to whom expenditures have
been made by or on behalf of the committee or candidate within the reporting
period; the amount, date, and purpose of each such expenditure; and the
name and address of, and office sought by, each candidate on whose behalf
such expenditure was made. However, expenditures made from the petty
cash fund provided by s. 106.12 need not be reported individually.
7. The full name and address of each person to whom an expenditure for
personal services, salary, or reimbursement for authorized expenses as
provided in s. 106.021(3) has been made and which is not otherwise reported,
including the amount, date, and purpose of such expenditure. However,
expenditures made from the petty cash fund provided for in s. 106.12 need
not be reported individually. Receipts for reimbursement for authorized
expenditures shall be retained by the treasurer along with the records for the
campaign account.
8. The total amount withdrawn and the total amount spent for petty cash
purposes pursuant to this chapter during the reporting period.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
9. The total sum of expenditures made by such committee or candidate
during the reporting period.
10. The amount and nature of debts and obligations owed by or to the
committee or candidate, which relate to the conduct of any political
campaign.
11. Transaction information for each credit card purchase. A-eop-y-efeaell
receipt thereof by the candidate or political committee. Receipts for each
credit card purchase shall be retained by the treasurer with the records for
the campaign account.
12. The amount and nature of any separate interest - bearing accounts or
certificates of deposit and identification of the financial institution in which
such accounts or certificates of deposit are located.
13. The primary purposes of an expenditure made indirectly through a
campaign treasurer pursuant to s. 106.021(3) for goods and services such as
communications media placement or procurement services, campaign signs,
insurance, and other expenditures that include multiple components as part
of the expenditure. The primary purpose of an expenditure shall be that
purpose, including integral and directly related components, that comprises
80 percent of such expenditure.
(b) The filing officer shall make available to any candidate or committee a
reporting form which the candidate or committee may use to indicate
contributions received by the candidate or committee but returned to the
contributor before deposit.
(5) The candidate and his or her campaign treasurer, in the case of a
candidate, or the political committee chair and campaign treasurer of the
committee, in the case of a political committee, shall certify as to the
correctness of each report; and each person so certifying shall bear the
responsibility for the accuracy and veracity of each report. Any campaign
treasurer, candidate, or political committee chair who willfully certifies the
correctness of any report while knowing that such report is incorrect, false, or
incomplete commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(6) Ti, amp g,, - . - • - - • - - - - . -
The records maintained by the campaign depository with respect to any
campaign account regulated by this chapter are such account sh l subject
to inspection by an agent of the Division of Elections or the Florida Elections
Commission at any time during normal banking hours, and such depository
shall furnish certified copies of any of such records to the Division of Elections
or Florida Elections Commission upon request.
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(7) Notwithstanding any other provisions of this chapter, in any report-
ing period during which a candidate, political committee, or committee of
continuous existence has not received funds, made any contributions, or
expended any reportable funds, the filing of the required report for that
period is waived. However, the next report filed must specify that the report
covers the entire period between the last submitted report and the report
being filed, and any candidate, political committee, or committee of
continuous existence not reporting by virtue of this subsection on dates
prescribed elsewhere in this chapter shall notify the filing officer in writing
on the prescribed reporting date that no report is being filed on that date.
(8)(a) Any candidate or political committee failing to file a report on the
designated due date is shall be subject to a fine as provided in paragraph (b)
for each late day, and, in the case of a candidate, such fine shall be paid only
from personal funds of the candidate. The fine shall be assessed by the filing
officer and the moneys collected shall be deposited:
1. In the General Revenue Fund, in the case of a candidate for state office
or a political committee that registers with the Division of Elections; or
2. In the general revenue fund of the political subdivision, in the case of a
candidate for an office of a political subdivision or a political committee that
registers with an officer of a political subdivision.
No separate fine shall be assessed for failure to file a copy of any report
required by this section.
(b) Upon determining that a report is late, the filing officer shall
immediately notify the candidate or chair of the political committee as to
the failure to file a report by the designated due date and that a fine is being
assessed for each late day. The fine shall be $50 per day for the first 3 days
late and, thereafter, $500 per day for each late day, not to exceed 25 percent
of the total receipts or expenditures, whichever is greater, for the period
covered by the late report. However, for the reports immediately preceding
each special primary election, special election, primary election, and general
election, the fine shall be $500 per day for each late day, not to exceed 25
percent of the total receipts or expenditures, whichever is greater, for the
period covered by the late report. For reports required under s. 106.141(7),
the fine is $50 per day for each late day, not to exceed 25 percent of the total
receipts or expenditures, whichever is greater, for the period covered by the
late report. Upon receipt of the report, the filing officer shall determine the
amount of the fine which is due and shall notify the candidate or chair or
registered agent of the political committee. The filing officer shall determine
the amount of the fine due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
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4. When the receipt from an established courier company is dated.
5. When the electronic receipt issued pursuant to s. 106.0705 or other
electronic filing system authorized in this section is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the
notice of payment due, unless appeal is made to the Florida Elections
Commission pursuant to paragraph (c). Notice is deemed complete upon
proof of delivery of written notice to the mailing or street address on record
with the filing officer. In the case of a candidate, such fine shall not be an
allowable campaign expenditure and shall be paid only from personal funds
of the candidate. An officer or member of a political committee shall not be
personally liable for such fine.
(c) Any candidate or chair of a political committee may appeal or dispute
the fine, based upon, but not limited to, unusual circumstances surrounding
the failure to file on the designated due date, and may request and shall be
entitled to a hearing before the Florida Elections Commission, which shall
have the authority to waive the fine in whole or in part. The Florida Elections
Commission must consider the mitigating and aggravating circumstances
contained in s. 106.265(1) when determining the amount of a fine, if any, to be
waived. Any such request shall be made within 20 days after receipt of the
notice of payment due. In such case, the candidate or chair of the political
committee shall, within the 20 -day period, notify the filing officer in writing
of his or her intention to bring the matter before the commission.
(d) The appropriate filing officer shall notify the Florida Elections
Commission of the repeated late filing by a candidate or political committee,
the failure of a candidate or political committee to file a report after notice, or
the failure to pay the fine imposed. The commission shall investigate only
those alleged late filing violations specifically identified by the filing officer
and as set forth in the notification. Any other alleged violations must be
separately stated and reported by the division to the commission under s.
106.25(2).
(9) The Department of State may prescribe by rule the requirements for
filing campaign treasurers' reports as set forth in this chapter.
Section 60. Subsections (8) and (9) of section 106.0703, Florida Statutes,
are amended to read:
106.0703 Electioneering communications organizations; reporting re-
quirements; certification and filing; penalties.—
. ,
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
(8)(9) Electioneering communications organizations shall not use credit
cards.
Section 61. Paragraphs (a) and (c) of subsection (2) and subsections (3)
and (7) of section 106.0705, Florida Statutes, are amended to read:
106.0705 Electronic filing of campaign treasurer's reports. —
(2)(a) Each individual candidate who is required to file reports with the
division pursuant to s. 106.07 or s. 106.141 with--the-division must file such
reports with-the-division by means of the division's electronic filing system.
(c) Each person or organization that is required to file reports with the
division under s. 106.071 must file such reports with-the-division by means of
the division's electronic filing system.
(3) Reports filed pursuant to this section shall be completed and filed
through the electronic filing system not later than midnight of the day
designated. Reports not filed by midnight of the day designated are late filed
and are subject to the penalties under s. 106.04(9) s,-1-06,04(8), s. 106.07(8), s.
106.0703(7), or s. 106.29(3), as applicable.
(7) Notwithstanding, : - , - - , - ; - - - : , . - . ; ; - :. ' -
to have bccn filed under this section for the period ended March 31, 2005,
section on or bcforc June 1, 2005.
Section 62. Subsections (3) and (6) of section 106.08, Florida Statutes, are
amended to read:
106.08 Contributions; limitations on.—
(3)(a) Any contribution received by a candidate with opposition in an
election or by the campaign treasurer or a deputy campaign treasurer of such
a candidate on the day of that election or less than 5 days prior to the day of
that election must be returned by him or her to the person or committee
contributing it and may not be used or expended by or on behalf of the
candidate.
(b) Except as otherwise provided in paragraph (c), any contribution
received by a candidate or by the campaign treasurer or a deputy campaign
treasurer of a candidate after the date at which the candidate withdraws his
or her candidacy, or after the date the candidate is defeated, becomes
unopposed, or is elected to office must be returned to the person or committee
contributing it and may not be used or expended by or on behalf of the
candidate.
(c) With respect to ar - . -- :: • : - : - : t- • - - .. - . - . • . . .
.. .. 1 • . . . • • ; - . Z . : . ' : : - : ' - : ; •; .. ;; ...- : -
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
signatures was obtained:
1. The department or supervisor shall, no later than 3 days after that
2. Any contribution received by a candidate or thc campaign treasurer or
deputy campaign treasurer of a candidate after thc candidate has been
obtain the required number of petition signatures shall be returned to thc
(6)(a) A political party may not accept any contribution that has been
specifically designated for the partial or exclusive use of a particular
candidate. Any contribution so designated must be returned to the
contributor and may not be used or expended by or on behalf of the candidate.
(b)1. A political party may not accept any in -kind contribution that fails
to provide a direct benefit to the political party. A "direct benefit" includes,
but is not limited to, fundraising or furthering the objectives of the political
party.
2.a. An in -kind contribution to a state political party may be accepted
only by the chairperson of the state political party or by the chairperson's
designee or designees whose names are on file with the division in a form
acceptable to the division prior to the date of the written notice required in
sub - subparagraph b. An in -kind contribution to a county political party may
be accepted only by the chairperson of the county political party or by the
county chairperson's designee or designees whose names are on file with the
supervisor of elections of the respective county prior to the date of the written
notice required in sub - subparagraph b.
b. A person making an in -kind contribution to a state political party or
county political party must provide prior written notice of the contribution to
a person described in sub - subparagraph a. The prior written notice must be
signed and dated and may be provided by an electronic or facsimile message.
However, prior written notice is not required for an in -kind contribution that
consists of food and beverage in an aggregate amount not exceeding $1,500
which is consumed at a single sitting or event if such in -kind contribution is
accepted in advance by a person specified in sub - subparagraph a.
c. A person described in sub - subparagraph a. may accept an in -kind
contribution requiring prior written notice only in a writing that is signed
and dated before the in -kind contribution is made. Failure to obtain the
required written acceptance of an in -kind contribution to a state or county
political party constitutes a refusal of the contribution.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
d. A copy of each prior written acceptance required under sub- subpar-
agraph c. must be filed with-the-division at the time the regular reports of
contributions and expenditures required under s. 106.29 are filed by the state
executive committee and county executive committee. A state executive
committee and an affiliated party committee must file with the division. A
county executive committee must file with the county's supervisor of
elections.
e. An in -kind contribution may not be given to a state or county political
party unless the in -kind contribution is made as provided in this subpar-
agraph.
Section 63. Section 106.09, Florida Statutes, is amended to read:
106.09 Cash contributions and contribution by cashier's checks. —
(1)(a) A person may not make an aggregate or acccpt a cash contribution
or contribution by means of a cashier's check to the same candidate or
committee in excess of $50 per election.
(b) A person may not accept an aggregate cash contribution or contribu-
tion by means of a cashier's check from the same contributor in excess of $50
per election.
(2)(a) Any person who makes or accepts a contribution in excess of $50 in
violation of subsection (1) this scction commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who knowingly and willfully makes or accepts a
contribution in excess of $5,000 in violation of subsection (1) this scction
commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Section 64. Paragraph (b) of subsection (1) and paragraph (a) of
subsection (2) of section 106.11, Florida Statutes, are amended, and
subsection (6) is added to that section, to read:
106.11 Expenses of and expenditures by candidates and political
committees. —Each candidate and each political committee which designates
a primary campaign depository pursuant to s. 106.021(1) shall make
expenditures from funds on deposit in such primary campaign depository
only in the following manner, with the exception of expenditures made from
petty cash funds provided by s. 106.12:
(1)
(b) The checks for such account shall contain, as a minimum, the
following information:
1. The statement "_ . •- :: • -- • • :. - : ...(name of candidate or political
committee)... Campaign Account."
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
2. The account number and the name of the bank.
3. The exact amount of the expenditure.
4. The signature of the campaign treasurer or deputy treasurer.
5. The exact purpose for which the expenditure is authorized.
6. The name of the payee.
(2)(a) For purposes of this section, debit cards are considered bank
checks, if:
1. Debit cards are obtained from the same bank that has been designated
as the candidate's or political committee's primary campaign depository.
2. Debit cards are issued in the name of the treasurer, deputy treasurer,
or authorized user and state " ...(name of candidate or
political committee)... Campaign Account."
3. No more than three debit cards are requested and issued.
4. Before a debit • : • - . ; , : • - - ; - .. : - • . . . - - -
card is filed with the division.
the general election.
4.6: The person using the debit card does not receive cash as part of, or
independent of, any transaction for goods or services.
5.7 All receipts for debit card transactions contain:
a. The last four digits of the debit card number.
b. The exact amount of the expenditure.
c. The name of the payee.
d. The signature of the campaign treasurer, deputy treasurer, or
authorized user.
e. The exact purpose for which the expenditure is authorized.
Any information required by this subparagraph but not included on the debit
card transaction receipt may be handwritten on, or attached to, the receipt by
the authorized user before submission to the treasurer.
(6) A candidate who makes a loan to his or her campaign and reports the
loan as required by s. 106.07 may be reimbursed for the loan at any time the
campaign account has sufficient funds to repay the loan and satisfy its other
obligations.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
Section 65. Subsection (4) of section 106.141, Florida Statutes, is
amended to read:
106.141 Disposition of surplus funds by candidates. —
(4)(a) Except as provided in paragraph (b), any candidate required to
dispose of funds pursuant to this section shall, at the option of the candidate,
dispose of such funds by any of the following means, or any combination
thereof:
1. Return pro rata to each contributor the funds that have not been spent
or obligated.
2. Donate the funds that have not been spent or obligated to a charitable
organization or organizations that meet the qualifications of s. 501(c)(3) of
the Internal Revenue Code.
3. Give - : •- : - - : - :r e , e e e : the funds that have not been spent or
obligated to the political party of which such candidate is a member, except
r
such funds to the politi • : :: - • • - - - • ; : • ; : - • - . .. - •- . - .
4. Give the funds that have not been spent or obligated:
a. In the case of a candidate for state office, to the state, to be deposited in
either the Election Campaign Financing Trust Fund or the General Revenue
Fund, as designated by the candidate; or
b. In the case of a candidate for an office of a political subdivision, to such
political subdivision, to be deposited in the general fund thereof.
(b) Any candidate required to dispose of funds pursuant to this section
who has received contributions pursuant to from the Florida Election
Campaign Financing At Trust Fund shall, after all monetary commitments
pursuant to s. 106.11(5)(b) and (c) have been met, return all surplus
campaign funds to the General Revenue .. - • • : • :: -- ..- • - - : - • • -
Trust Fund.
Section 66. Section 106.143, Florida Statutes, is amended to read:
106.143 Political advertisements circulated prior to election; require -
ments.—
(1)(a) Any political advertisement that is paid for by a candidate, except a
write -in candidate, and that is published, displayed, or circulated before, or
on the day of, any election must prominently state:
1. "Political advertisement paid for and approved by ...(name of
candidate)..., ...(party affiliation)..., for ...(office sought)... "; or
2. "Paid by ...(name of candidate)..., ...(party affiliation)..., for ...(office
sought)...."
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
(b) Any political advertisement that is paid for by a write -in candidate
and that is published, displayed, or circulated before, or on the day of, any
election must prominently state:
1. "Political advertisement paid for and approved by ...(name of
candidate)..., write -in candidate, for ...(office sought)... "; or
2. "Paid by ...(name of candidate)..., write -in candidate, for ...(office
sought)...."
(c)(b) Any other political advertisement published, displayed, or circu-
lated before, or on the day of, any election must prominently:
1. Be marked "paid political advertisement" or with the abbreviation "pd.
pol. adv."
2. State the name and address of the persons paying for sponsoring the
advertisement.
3.a7) State whether the advertisement and the cost of production is paid
for or provided in kind by or at the expense of the entity publishing,
displaying, broadcasting, or circulating the political advertisement_; —er
(II) State who providcd or paid for the advcrtiscmcnt and cost of
patently clear from t - - • : - - : -- . : - - :: • • : - - -- - - .
(d)(e) Any political advertisement made pursuant to s. 106.021(3)(d) must
be marked "paid poli • - .. - - " . • - - - .:. - . • . • : " ::.:: .
adv." and must prominently state the name and address of the political
committee or political party paying for the advertisement.,, ` Pai' =d
Approved by ...(nam - - , s- . • - - _ - • -
thc political advcrtiscmcnt)...."
(2) Political advertisements made as in -kind contributions from a
political party must prominently state: "Paid political advertisement paid
for by in -kind by... (name of political party).... Approved by ...(name of
person, party affiliation, and office sought in the political advertisement)...."
(3)(2) Any political advertisement of a candidate running for partisan
office shall express the name of the political party of which the candidate is
seeking nomination or is the nominee. If the candidate for partisan office is
running as a candidate with no party affiliation, any political advertisement
of the candidate must state that the candidate has no party affiliation. A
political advertisement of a candidate running for nonpartisan office may not
state the candidate's political party affiliation. This section does not prohibit
a political advertisement from stating the candidate's partisan - related
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
experience. A candidate for nonpartisan office is prohibited from campaign-
ing based on party affiliation.
W(3) It is unlawful for any candidate or person on behalf of a candidate
to represent that any person or organization supports such candidate, unless
the person or organization so represented has given specific approval in
writing to the candidate to make such representation. However, this
subsection does not apply to:
(a) Editorial endorsement by any newspaper, radio or television station,
or other recognized news medium.
(b) Publication by a party committee advocating the candidacy of its
nominees.
(5)(4)(a) Any political advertisement not paid for by a candidate,
including those paid for by a political party, other than an independent
expenditure, offered by or on behalf of a candidate must be approved in
advance by the candidate. Such political advertisement must expressly state
that the content of the advertisement was approved by the candidate, unless
the political advertisement is published, displayed, or circulated in com-
pliance with subparagraph (1)(a)2., and must state who paid for the
advertisement. The candidate shall provide a written statement of author-
ization to the newspaper, radio station, television station, or other medium
for each such advertisement submitted for publication, display, broadcast, or
other distribution.
(b) Any person who makes an independent expenditure for a political
advertisement shall provide a written statement that no candidate has
approved the advertisement to the newspaper, radio station, television
station, or other medium for each such advertisement submitted for
publication, display, broadcast, or other distribution. The advertisement
must also contain a statement that no candidate has approved the
advertisement.
(c) This subscction : : - - - : :: - • ; -- :: • : - - • _ . -
worn u .
ffi)(5) No political advertisement of a candidate who is not an incumbent
of the office for which the candidate is running shall use the word "re- elect."
Additionally, such advertisement must include the word "for" between the
candidate's name and the office for which the candidate is running, in order
that incumbency is not implied. This subsection does not apply to bumper
stickers or items designed to be worn by a person.
(7) Political advertisements paid for by a political party or an affiliated
party committee may use names and abbreviations as registered under s.
103.081 in the disclaimer.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
(8)46) This section does not apply to novelty items having a retail value of
$10 or less which support, but do not oppose, a candidate or issue.
(9)(7) Any political advertisement which is published, displayed, or
produced in a language other than English may provide the information
required by this section in the language used in the advertisement.
(10)(84 This section does not apply to any campaign message or political
advertisement used by a candidate and the candidate's supporters or by a
political committee if the message or advertisement is:
(a) Designed to be worn by a person.
(b) Placed as a paid link on an Internet website, provided the message or
advertisement is no more than 200 characters in length and the link directs
the user to another Internet website that complies with subsection (1).
(c) Placed as a graphic or picture link where compliance with the
requirements of this section is not reasonably practical due to the size of
the graphic or picture link and the link directs the user to another Internet
website that complies with subsection (1).
(d) Placed at no cost on an Internet website for which there is no cost to
post content for public users.
(e) Placed or distributed on an unpaid profile or account which is
available to the public without charge or on a social networking Internet
website, as long as the source of the message or advertisement is patently
clear from the content or format of the message or advertisement. A
candidate or political committee may prominently display a statement
indicating that the website or account is an official website or account of the
candidate or political committee and is approved by the candidate or political
committee. A website or account may not be marked as official without prior
approval by the candidate or political committee.
(f) Distributed as a text message or other message via Short Message
Service, provided the message is no more than 200 characters in length or
requires the recipient to sign up or opt in to receive it.
(g) Connected with or included in any software application or accom-
panying function, provided that the user signs up, opts in, downloads, or
otherwise accesses the application from or through a website that complies
with subsection (1).
(h) Sent by a third -party user from or through a campaign or committee's
website, provided the website complies with subsection (1).
(i) Contained in or distributed through any other technology- related
item, service, or device for which compliance with subsection (1) is not
reasonably practical due to the size or nature of such item, service, or device
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
as available, or the means of displaying the message or advertisement makes
compliance with subsection (1) impracticable.
(11)(9) Any person who willfully violates any provision of this section is
subject to the civil penalties prescribed in s. 106.265.
Section 67. Section 106.1437, Florida Statutes, is amended to read:
106.1437 Miscellaneous advertisements. —Any advertisement, other
than a political advertisement, independent expenditure, or electioneering
communication, on billboards, bumper stickers, radio, or television, or in a
newspaper, a magazine, or a periodical, intended to influence public policy or
the vote of a public official, shall clearly designate the sponsor of such
advertisement by including a clearly readable statement of sponsorship. If
the advertisement is broadcast on television, the advertisement shall also
contain a verbal statement of sponsorship. This section does shall not apply
to an editorial endorsement. For purposes of this chapter, an expenditure
made for, or in furtherance of, a miscellaneous advertisement is not
considered to be a contribution to or on behalf of a candidate, and does
not constitute an independent expenditure. Such expenditures are not
subject to the limitations applicable to independent expenditures.
Section 68. Section 106.17, Florida Statutes, is amended to read:
106.17 Polls and surveys relating to candidacies. —Any candidate,
political committee, committee of continuous existence, electioneering
communication organization, or state or county executive committee of a
political party may authorize or conduct a political poll, survey, index, or
measurement of any kind relating to candidacy for public office so long as the
candidate, political committee, committee of continuous existence, electio-
neering communication organization, or political party maintains complete
jurisdiction over the poll in all its aspects. State and county executive
committees of a political party or an affiliated party committee may
authorize and conduct political polls for the purpose of determining the
viability of potential candidates. Such poll results may be shared with
potential candidates, and expenditures incurred by state and county
executive committees or an affiliated party committee for potential candidate
polls are not contributions to the potential candidates.
Section 69. Subsection (4) is added to section 106.19, Florida Statutes, to
read:
106.19 Violations by candidates, persons connected with campaigns, and
political committees. —
(4) Except as otherwise expressly stated, the failure by a candidate to
comply with the requirements of this chapter has no effect upon whether the
candidate has qualified for the office the candidate is seeking.
Section 70. Subsections (2) and (3), paragraph (i) of subsection (4), and
subsection (5) of section 106.25, Florida Statutes, are amended to read:
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
106.25 Reports of alleged violations to Florida Elections Commission;
disposition of findings. —
(2) The commission shall investigate all violations of this chapter and
chapter 104, but only after having received either a sworn complaint or
information reported to it under this subsection by the Division of Elections.
Such sworn complaint must be based upon personal information or
information other than hearsay. Any person, other than the division, having
information of any violation of this chapter or chapter 104 shall file a sworn
complaint with the commission. The commission shall investigate only those
alleged violations specifically contained within the sworn complaint. If any
complainant fails to allege all violations that arise from the facts or
allegations alleged in a complaint, the commission shall be barred from
investigating a subsequent complaint from such complainant that is based
upon such facts or allegations that were raised or could have been raised in
the first complaint. If the complaint includes allegations of violations
relating to expense items reimbursed by a candidate, committee, or
organization to the campaign account before a sworn complaint is filed,
the commission shall be barred from investigating such allegations. Such
sworn complaint shall state whether a complaint of the same violation has
been made to any state attorney. Within 5 days after receipt of a sworn
complaint, the commission shall transmit a copy of the complaint to the
alleged violator. The respondent shall have 14 days after receipt of the
complaint to file an initial response, and the executive director may not
determine the legal sufficiency of the complaint during that time period. If
the executive director finds that the complaint is legally sufficient, the
respondent shall be notified of such finding by letter, which sets forth the
statutory provisions alleged to have been violated and the alleged factual
basis that supports the finding. All sworn complaints alleging violations of
the Florida Election Code over which the commission has jurisdiction shall
be filed with the commission within 2 years after the alleged violations. The
period of limitations is tolled on the day a sworn complaint is filed with the
commission. The complainant may withdraw the sworn complaint at any
time prior to a probable cause hearing if good cause is shown. Withdrawal
shall be requested in writing, signed by the complainant, and witnessed by a
notary public, stating the facts and circumstances constituting good cause.
The executive director shall prepare a written recommendation regarding
disposition of the request which shall be given to the commission together
with the request. "Good cause" shall be determined based upon the legal
sufficiency or insufficiency of the complaint to allege a violation and the
reasons given by the complainant for wishing to withdraw the complaint. If
withdrawal is permitted, the commission must close the investigation and
the case. No further action may be taken. The complaint will become a public
record at the time of withdrawal.
(3) For the purposes of commission jurisdiction, a violation shall mean
the willful performance of an act prohibited by this chapter or chapter 104 or
the willful failure to perform an act required by this chapter or chapter 104.
The commission may not by rule determine what constitutes willfulness or
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further define the term "willful" for purposes of this chapter or chapter 104.
Willfulness is a determination of fact; however, at the request of the
respondent at any time after probable cause is found, willfulness may be
considered and determined in an informal hearing before the commission.
(4) The commission shall undertake a preliminary investigation to
determine if the facts alleged in a sworn complaint or a matter initiated
by the division constitute probable cause to believe that a violation has
occurred.
(i)1. Upon a commission finding of probable cause, the counsel for the
commission shall attempt to reach a consent agreement with the respondent.
At any time, the commission may enter into a consent order with a
respondent without requiring the respondent to admit to a violation of law
within the jurisdiction of the commission.
2. A consent agreement is not binding upon either party unless and until
it is signed by the respondent and by counsel for the commission upon
approval by the commission.
3. Nothing herein shall be construed to prevent the commission from
entering into a consent agreement with a respondent prior to a commission
finding of probable cause if a respondent indicates in writing a desire to enter
into negotiations directed towards reaching such a consent agreement. Any
consent agreement reached under this subparagraph is subject to the
provisions of subparagraph 2. and shall have the same force and effect as
a consent agreement reached after the commission finding of probable cause.
In a case where probable cause is found, the commission shall make a
preliminary determination to consider the matter or to refer the matter to
the state attorney for the judicial circuit in which the alleged violation
occurred. Notwithstanding any other provisions of this section, the commis-
sion may, at its discretion, dismiss any complaint at any stage of disposition
if it determines that the public interest would not be served by proceeding
further, in which case the commission shall issue a public report stating with
particularity its reasons for the dismissal.
(5) Unless A person alleged by the Elections Commission to have
committed a violation of this chapter or chapter 104 may elect, as a matter
of right elects, within 30 days after the date of the filing of the commission's
allegations, to have a formal administrative hearing conducted
such person shall be ent' - : :. -- . :: -- • - • - - • . - - - ; - • : - :. - : b
an administrative law judge in the Division of Administrative Hearings. The
administrative law judge in such proceedings shall enter a final order, which
may include the imposition of civil penalties, subject to appeal as provided in
s. 120.68. If the person does not elect to have a hearing by an administrative
law judge and does not elect to resolve the complaint by a consent order, the
person is entitled to a formal or informal hearing conducted before the
commission.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
Section 71. Subsection (1) of section 106.26, Florida Statutes, is amended
to read:
106.26 Powers of commission; rights and responsibilities of parties;
findings by commission. —
The commission shall, all, pursuant to rules adopted and published in
accordance with chapter 120, consider all sworn complaints filed with it and
all matters reported to it by the Division of Elections. In order to carry out the
responsibilities prescribed by this chapter, the commission is empowered to
subpoena and bring before it, or its duly authorized representatives, any
person in the state, or any person doing business in the state, or any person
who has filed or is required to have filed any application, document, papers,
or other information with an office or agency of this state or a political
subdivision thereof and to require the production of any papers, books, or
other records relevant to any investigation, including the records and
accounts of any bank or trust company doing business in this state. Duly
authorized representatives of the commission are empowered to administer
all oaths and affirmations in the manner prescribed by law to witnesses who
shall appear before them concerning any relevant matter. Should any
witness fail to respond to the lawful subpoena of the commission or, having
responded, fail to answer all lawful inquiries or to turn over evidence that has
been subpoenaed, the commission may file a complaint in the before any
circuit court where the witness resides of the state setting up such failure on
the part of the witness. On the filing of such complaint, the court shall take
jurisdiction of the witness and the subject matter of said complaint and shall
direct the witness to respond to all lawful questions and to produce all
documentary evidence in the witness's possession which is lawfully
demanded. The failure of any witness to comply with such order of the
court shall constitute a direct and criminal contempt of court, and the court
shall punish said witness accordingly. However, the refusal by a witness to
answer inquiries or turn over evidence on the basis that such testimony or
material will tend to incriminate such witness shall not be deemed refusal to
comply with the provisions of this chapter. The sheriffs in the several
counties shall make such service and execute all process or orders when
required by the commission. Sheriffs shall be paid for these services by the
commission as provided for in s. 30.231. Any person who is served with a
subpoena to attend a hearing of the commission also shall be served with a
general statement informing him or her of the subject matter of the
commission's investigation or inquiry and a notice that he or she may be
accompanied at the hearing by counsel of his or her own choosing.
Section 72. Subsections (1) through (4) of section 106.265, Florida
Statutes, are amended and renumbered, and present subsection (5) of that
section is renumbered as subsection (6), to read:
106.265 Civil penalties. —
(1) The commission or, in cases referred to the Division of Administrative
Hearings pursuant to s. 106.25(5) the admi law judge is authorized
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
upon the finding of a violation of this chapter or chapter 104 to impose civil
penalties in the form of fines not to exceed $1,000 per count, or, if applicable,
to impose a civil penalty as provided in s. 104.271 or s. 106.19.
(2) In determining the amount of such civil penalties, the commission or
administrative law judge shall consider, among other mitigating and
aggravating circumstances:
(a) The gravity of the act or omission;
(b) Any previous history of similar acts or omissions;
(c) The appropriateness of such penalty to the financial resources of the
person, political committee, committee of continuous existence, electioneer-
ing communications organization, or political party; and
(d) Whether the person, political committee, committee of continuous
existence, electioneering communications organization, or political party has
shown good faith in attempting to comply with the provisions of this chapter
or chapter 104.
(3)(�) If any person, political committee, committee of continuous
existence, electioneering communications organization, or political party
fails or refuses to pay to the commission any civil penalties assessed
pursuant to the provisions of this section, the commission shall be
responsible for collecting the civil penalties resulting from such action.
(4X-34 Any civil penalty collected pursuant to the provisions of this section
shall be deposited into the General Revenue Fund
Financing Trust-Fund.
(5)(4) ` : • - - : " - _ . - . ; - - - :. -' ; - - • - • ; ; - , Any fine
assessed pursuant to the previsions of this chapter shall, which fine is
• : - ; : ; - : ; ; ' • - ; : - • • - :. : - - - - be deposited into the
General Revenue Fund : - - - . - , - ; ; - :: - • - ; • - : - - :. - - • : -
Gampaign Financing Trust Fund.
Section 73. Subsection (1) and paragraph (b) of subsection (3) of section
106.29, Florida Statutes, are amended to read:
106.29 Reports by political parties; restrictions on contributions and
expenditures; penalties. —
(1) The state executive committee and each county executive committee
of each political party regulated by chapter 103 shall file regular reports of all
contributions received and all expenditures made by such committee.
However, the reports shall not include contributions and expenditures
that are reported to the Federal Election Commission. In addition, when a
special election is called to fill a vacancy in office, each state executive
committee, each affiliated party committee, and each county executive
committee making contributions or expenditures to influence the results of
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
the special election or the preceding special primary election must file
campaign treasurers' reports on the dates set by the Department of State
pursuant to s. 100.11.1. Such reports shall contain the same information as do
reports required of candidates by s. 106.07 and shall be filed on the 10th day
following the end of each calendar quarter, except that, during the period
from the last day for candidate qualifying until the general election, such
reports shall be filed on the Friday immediately preceding each special
primary election, special election, both the primary election and the general
election. In addition to the reports filed under this section, the state executive
committee and each county executive committee shall file a copy of each prior
written acceptance of an in -kind contribution given by the committee during
the preceding calendar quarter as required under s. 106.08(6). Each state
executive committee shall file - - : - : : - :: - - ::.: its reports with the
Division of Elections. Each county executive committee shall file its reports
with the supervisor of elections in the county in which such committee exists.
Any state or county executive committee failing to file a report on the
designated due date shall be subject to a fine as provided in subsection (3). No
separate fine shall be assessed for failure to file a copy of any report required
by this section.
(3)
(b) Upon determining that a report is late, the filing officer shall
immediately notify the chair of the executive committee as to the failure
to file a report by the designated due date and that a fine is being assessed for
each late day. The fine shall be $1,000 for a state executive committee, and
$50 for a county executive committee, per day for each late day, not to exceed
25 percent of the total receipts or expenditures, whichever is greater, for the
period covered by the late report. However, if an executive committee fails to
file a report on the Friday immediately preceding the special election or
general election, the fine shall be $10,000 per day for each day a state
executive committee is late and $500 per day for each day a county executive
committee is late. Upon receipt of the report, the filing officer shall determine
the amount of the fine which is due and shall notify the chair. Notice is
deemed complete upon proof of delivery of written notice to the mailing or
street address on record with the filing officer. The filing officer shall
determine the amount of the fine due based upon the earliest of the following:
1. When the report is actually received by such officer.
2. When the report is postmarked.
3. When the certificate of mailing is dated.
4. When the receipt from an established courier company is dated.
5. When the electronic receipt issued pursuant to s. 106.0705 is dated.
Such fine shall be paid to the filing officer within 20 days after receipt of the
notice of payment due, unless appeal is made to the Florida Elections
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
Commission pursuant to paragraph (c). An officer or member of an executive
committee shall not be personally liable for such fine.
Section 74. Subsection (5) of section 106.35, Florida Statutes, is amended
to read:
106.35 Distribution of funds. —
(5) The division shall adopt rules providing for the weekly reports and
certification and distribution of funds pursuant thereto required by this
section. Such rules shall, at a minimum, provide for:
(a) Specifications fi - - : • . •- :: • _ - . - - :: - :. - • - _ - -
•• : - . • - - :: ,�, including size of paper, typeface, color of print, and
(b4, specifications for electronically transmitted campaign treasurer's
reports outlining communication parameters and protocol, data record
formats, and provisions for ensuring security of data and transmission.
2. All electronically transmitted campaign treasurer's reports must also
be filed in printcd format. Printed format shall not include campaign
treasurer's rcports sub -- • - : - - • : - • • : • - • •- • - . - - -- - - • : - .
Section 75. Paragraph (b) of subsection (12) of section 112.312, Florida
Statutes, is amended to read:
112.312 Definitions. —As used in this part and for purposes of the
provisions of s. 8, Art. II of the State Constitution, unless the context
otherwise requires:
(12)
(b) "Gift" does not include:
1. Salary, benefits, services, fees, commissions, gifts, or expenses
associated primarily with the donee's employment, business, or service as
an officer or director of a corporation or organization.
2. Contributions or expenditures reported pursuant to chapter 106,
contributions or expenditures reported pursuant to federal election law,
campaign- related personal services provided without compensation by
individuals volunteering their time, or any other contribution or expenditure
by a political party.
3. An honorarium or an expense related to an honorarium event paid to a
person or the person's spouse.
4. An award, plaque, certificate, or similar personalized item given in
recognition of the donee's public, civic, charitable, or professional service.
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
5. An honorary membership in a service or fraternal organization
presented merely as a courtesy by such organization.
6. The use of a public facility or public property, made available by a
governmental agency, for a public purpose.
7. Transportation provided to a public officer or employee by an agency in
relation to officially approved governmental business.
8. Gifts provided directly or indirectly by a state, regional, or national
organization which promotes the exchange of ideas between, or the
professional development of, governmental officials or employees, and
whose membership is primarily composed of elected or appointed public
officials or staff, to members of that organization or officials or staff of a
governmental agency that is a member of that organization.
Section 76. Paragraph (d) of subsection (1) of section 112.3215, Florida
Statutes, is amended to read:
112.3215 Lobbying before the executive branch or the Constitution
Revision Commission; registration and reporting; investigation by commis -
sion. —
(1) For the purposes of this section:
(d) "Expenditure" means a payment, distribution, loan, advance, reim-
bursement, deposit, or anything of value made by a lobbyist or principal for
the purpose of lobbying. The term "expenditure" does not include contribu-
tions or expenditures reported pursuant to chapter 106 or contributions or
expenditures reported pursuant to federal election law, campaign- related
personal services provided without compensation by individuals volunteer-
ing their time, any other contribution or expenditure made by or to a political
party, or any other contribution or expenditure made by an organization that
is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4).
Section 77. Subsection (1) of section 876.05, Florida Statutes, is amended
to read:
876.05 Public employees; oath. —
(1) All persons who now or hereafter are employed by or who now or
hereafter are on the payroll of the state, or any of its departments and
agencies, subdivisions, counties, cities, school boards and districts of the free
public school system of the state or counties, or institutions of higher
learning, : - : : • : - : . : : - - : . : • • : =- • -, except candidates for federal
office, are required to take an oath before any person duly authorized to take
acknowledgments of instruments for public record in the state in the
following form:
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Ch. 2011 -40 LAWS OF FLORIDA Ch. 2011 -40
I, , a citizen of the State of Florida and of the United States of America,
and being employed by or an officer of and a recipient of public funds as
such employee or officer, do hereby solemnly swear or affirm that I will
support the Constitution of the United States and of the State of Florida.
Section 78. Section 876.07, Florida Statutes, is repealed.
Section 79. If any provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions or
applications of the act which can be given effect without the invalid provision
or application, and to this end the provisions of this act are severable.
Section 80. Except as otherwise expressly provided in this act, this act
shall take effect upon becoming a law.
Approved by the Governor May 19, 2011.
Filed in Office Secretary of State May 19, 2011.
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