hb 1207 2010 an act relating to campaign financing

8/7/2019 HB 1207 2010 an Act Relating to Campaign Financing

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CS/CS/HB 1207, Engrossed 1 2010 Legislature

CODING: Words stricken are deletions; words underlined are additions.hb1207-04-er

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled1

An act relating to campaign financing; amending s.2

103.081, F.S.; permitting the use of a political party's3

name, abbreviation, or symbol by an affiliated party4

committee under certain circumstances; creating s.5

103.092, F.S.; providing for the establishment of6

affiliated party committees; providing a definition;7

delineating duties and responsibilities of such8

committees; amending s. 103.121, F.S.; requiring certain9

assessments to be paid to an affiliated party committee;10

amending s. 106.011, F.S.; revising the definition of the11

term "political committee" to remove certain reporting12

requirements included in the exclusion of electioneering13

communications organizations from the definition and to14

allow contributions to an affiliated party committee;15

adding an affiliated party committee to the list of16

entities not considered a political committee under17

chapter 106, F.S.; revising the definition of the term18

"independent expenditure" to specify that certain19

expenditures are not considered an independent20

expenditure; revising the definition of the term "person"21

to include an affiliated party committee; revising the22

definition of the term "filing officer" to expand23

applicability to electioneering communications24

organizations; revising the definition of the term25

"electioneering communication" to conform to certain26

federal requirements and to delineate what constitutes27

such a communication; revising the definition of the term28


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"electioneering communications organization"; amending s.29

106.021, F.S.; providing that certain expenditures by an30

affiliated party committee are not considered a31

contribution or expenditure to or for a candidate;32

amending s. 106.025, F.S.; exempting an affiliated party33

committee from certain campaign fund raising requirements;34

amending s. 106.03, F.S.; revising the registration35

requirements for electioneering communications36

organizations; revising the statement of organization37

requirements; revising rule adoption requirements relating38

to dissolution of political committees and electioneering39

communications organizations; amending s. 106.04, F.S.;40

requiring that a committee of continuous existence report41

receipts from and transfers to an affiliated party42

committee; amending s. 106.0701, F.S.; exempting an43

affiliated party committee from certain filing44

requirements; amending s. 106.0703, F.S.; consolidating45

reporting requirements in ch. 106, F.S., applicable to46

electioneering communications organizations; providing47

penalties; conforming provisions; amending s. 106.0705,48

F.S., relating to electronic filing of campaign49

treasurer's reports; conforming provisions; requiring an50

affiliated party committee to file certain reports with51

the Division of Elections; providing that a report filed52

by the leader and treasurer of an affiliated party53

committee is considered to be under oath; amending s.54

106.071, F.S.; increasing the aggregate amount of55

expenditures required for filing certain reports related56


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to independent expenditures or electioneering57

communications; amending s. 106.08, F.S.; removing certain58

limitations on contributions received by an electioneering59

communications organization; providing that an affiliated60

party committee is treated like a political party61

regarding limitations on contributions; deleting the 28-62

day restriction on acceptance of certain funds preceding a63

general election; placing certain restrictions on64

solicitation for and making of contributions; providing65

guidelines for acceptance of in-kind contributions; adding66

an affiliated party committee to entities subject to67

penalties; creating s. 106.088, F.S.; requiring the68

subscribing to an oath or affirmation prior to receipt of69

certain funds; providing the form of the oath; providing70

penalties; providing that undistributed funds shall be71

deposited into the General Revenue Fund; amending s.72

106.141, F.S.; adding affiliated party committees to the73

list of entities to which a candidate may donate surplus74

funds; amending s. 106.143, F.S.; requiring an affiliated75

party committee, like a political party, to obtain advance76

approval by a candidate for political advertisements;77

amending s. 106.1439, F.S.; providing identification78

requirements for certain electioneering communications;79

providing an exception for telephone calls; amending s.80

106.147, F.S., relating to telephone solicitation81

disclosure requirements; removing requirements relating to82

electioneering communication, to conform; revising the83

definition of the term "person" to include an affiliated84


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party committee; providing penalties; amending s. 106.165,85

F.S.; adding affiliated party committees to the entities86

that must use closed captioning and descriptive narrative87

in all television broadcasts; amending s. 106.17, F.S.;88

adding affiliated party committees to those entities89

authorized to conduct polls and surveys relating to90

candidacies; amending s. 106.23, F.S.; providing that an91

affiliated party committee shall be provided an advisory92

opinion by the Division of Elections when requested;93

amending s. 106.265, F.S.; authorizing the imposition of94

civil penalties by the Florida Elections Commission for95

certain violations by an affiliated party committee;96

amending s. 106.27, F.S.; adding affiliated party97

committees to those entities subject to certain98

determinations and legal disposition by the Florida99

Elections Commission; amending s. 106.29, F.S.; requiring100

filing of certain reports by an affiliated party101

committee; providing restrictions on certain expenditures102

and contributions; providing penalties; amending s.103

11.045, F.S., relating to lobbying before the Legislature;104

excluding contributions and expenditures by an affiliated105

party committee from the definition of the term106

"expenditure"; amending s. 112.312, F.S.; providing that107

certain activities pertaining to an affiliated party108

committee are excluded from the definition of the term109

"gift"; amending s. 112.3215, F.S., relating to lobbying110

before the executive branch or the Constitution Revision111

Commission; excluding contributions and expenditures by an112


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affiliated party committee from the definition of the term113

"expenditure"; reenacting ss. 106.011(1)(b), (3), (4),114

(18), and (19), 106.022(1), 106.03(1)(b), 106.04(5),115

106.0703, 106.0705(2)(b), 106.071(1), 106.08(7), 106.1437,116

106.1439, and 106.17, F.S., relating to definitions,117

registered office and agent requirements, registration118

requirements, prohibited activities for committees of119

continuous existence, additional reporting requirements,120

electronic filing requirements, expenditure reports,121

penalties for violations pertaining to limitations on122

contributions, miscellaneous advertisements,123

electioneering communications disclaimers and penalties124

for failure to include disclaimers, and polls and surveys125

pertaining to candidacies, to cure and conform; providing126

an effective date.127

128

Be It Enacted by the Legislature of the State of Florida:129

130

Section 1. Subsection (4) is added to section 103.081,131

Florida Statutes, to read:132

103.081 Use of party name; political advertising.133

(4) Notwithstanding any other provision of law to the134

contrary, an affiliated party committee shall be entitled to use135

the name, abbreviation, or symbol of the political party of its136

leader as defined in s. 103.092.137

Section 2. Section 103.092, Florida Statutes, is created138

to read:139

103.092 Affiliated party committees.140


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(1) For purposes of this section, the term "leader" means141

the President of the Senate, the Speaker of the House of142

Representatives, or the minority leader of either house of the143

Legislature, until a person is designated by a political party144

conference of members of either house to succeed to any such145

position, at which time the designee becomes the leader for146

purposes of this section.147

(2) The leader of each political party conference of the148

House of Representatives and the Senate may establish a149

separate, affiliated party committee to support the election of150

candidates of the leader's political party. The affiliated party151

committee is subject to the same provisions of chapter 106 as a152

political party.153

(3) Each affiliated party committee shall:154

(a) Adopt bylaws to include, at a minimum, the designation155

of a treasurer.156

(b) Conduct campaigns for candidates who are members of157

the leader's political party.158

(c) Establish an account.159

(d) Raise and expend funds. Such funds may not be expended160

or committed to be expended except when authorized by the leader161

of the affiliated party committee.162

Section 3. Paragraph (b) of subsection (1) of section163

103.121, Florida Statutes, is amended to read:164

103.121 Powers and duties of executive committees.165

(1)166

(b) The county executive committee shall receive payment167

of assessments upon candidates to be voted for in a single168


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county except state senators, state and members of the House of169

representatives, and representatives to the Congress of the170

United States; an affiliated party committee controlled by a171

leader of the Senate as defined in s. 103.092 shall receive172

payment of assessments upon candidates for the office of state173

senator and an affiliated party committee controlled by a leader174

of the House of Representatives as defined in s. 103.092 shall175

receive payment of assessments upon candidates for the office of176

state representative; and the state executive committees shall177

receive all other assessments authorized. All party assessments178

shall be 2 percent of the annual salary of the office sought by179

the respective candidate. All such committee assessments shall180

be remitted to the state executive committee of the appropriate181

party and distributed in accordance with subsection (5), except182

that assessments for candidates for the office of state senator183

or state representative shall be remitted to the appropriate184

affiliated party committee.185

Section 4. Paragraph (a) of subsection (1) of section of186

section 106.011, Florida Statutes, is amended, paragraph (b) of187

subsection (1) of that section is reenacted and amended,188

subsections (3) and (4) of that section are reenacted,189

subsections (5), (8), and (14) of that section are amended, and190

subsections (18) and (19) of that section are reenacted and191

amended, to read:192

106.011 Definitions.As used in this chapter, the193

following terms have the following meanings unless the context194

clearly indicates otherwise:195

(1)(a) "Political committee" means:196


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1. A combination of two or more individuals, or a person197

other than an individual, that, in an aggregate amount in excess198

of $500 during a single calendar year:199

a. Accepts contributions for the purpose of making200

contributions to any candidate, political committee, committee201

of continuous existence, affiliated party committee, or202

political party;203

b. Accepts contributions for the purpose of expressly204

advocating the election or defeat of a candidate or the passage205

or defeat of an issue;206

c. Makes expenditures that expressly advocate the election207

or defeat of a candidate or the passage or defeat of an issue;208

or209

d. Makes contributions to a common fund, other than a210

joint checking account between spouses, from which contributions211

are made to any candidate, political committee, committee of212

continuous existence, affiliated party committee, or political213

party;214

2. The sponsor of a proposed constitutional amendment by215

initiative who intends to seek the signatures of registered216

electors.217

(b) Notwithstanding paragraph (a), the following entities218

are not considered political committees for purposes of this219

chapter:220

1. Organizations which are certified by the Department of221

State as committees of continuous existence pursuant to s.222

106.04, national political parties, and the state and county223


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executive committees of political parties, and affiliated party224

committees regulated by chapter 103.225

2. Corporations regulated by chapter 607 or chapter 617 or226

other business entities formed for purposes other than to227

support or oppose issues or candidates, if their political228

activities are limited to contributions to candidates, political229

parties, affiliated party committees, or political committees or230

expenditures in support of or opposition to an issue from231

corporate or business funds and if no contributions are received232

by such corporations or business entities.233

3. Electioneering communications organizations as defined234

in subsection (19); however, such organizations shall be235

required to register with and report expenditures and236

contributions, including contributions received from committees237

of continuous existence, to the Division of Elections in the238

same manner, at the same time, and subject to the same penalties239

as a political committee supporting or opposing an issue or a240

legislative candidate, except as otherwise specifically provided241

in this chapter.242

(3) "Contribution" means:243

(a) A gift, subscription, conveyance, deposit, loan,244

payment, or distribution of money or anything of value,245

including contributions in kind having an attributable monetary246

value in any form, made for the purpose of influencing the247

results of an election or making an electioneering248

communication.249

(b) A transfer of funds between political committees,250

between committees of continuous existence, between251


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electioneering communications organizations, or between any252

combination of these groups.253

(c) The payment, by any person other than a candidate or254

political committee, of compensation for the personal services255

of another person which are rendered to a candidate or political256

committee without charge to the candidate or committee for such257

services.258

(d) The transfer of funds by a campaign treasurer or259

deputy campaign treasurer between a primary depository and a260

separate interest-bearing account or certificate of deposit, and261

the term includes any interest earned on such account or262

certificate.263

264

Notwithstanding the foregoing meanings of "contribution," the265

word shall not be construed to include services, including, but266

not limited to, legal and accounting services, provided without267

compensation by individuals volunteering a portion or all of268

their time on behalf of a candidate or political committee. This269

definition shall not be construed to include editorial270

endorsements.271

(4)(a) "Expenditure" means a purchase, payment,272

distribution, loan, advance, transfer of funds by a campaign273

treasurer or deputy campaign treasurer between a primary274

depository and a separate interest-bearing account or275

certificate of deposit, or gift of money or anything of value276

made for the purpose of influencing the results of an election277

or making an electioneering communication. However,278

"expenditure" does not include a purchase, payment,279


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distribution, loan, advance, or gift of money or anything of280

value made for the purpose of influencing the results of an281

election when made by an organization, in existence prior to the282

time during which a candidate qualifies or an issue is placed on283

the ballot for that election, for the purpose of printing or284

distributing such organization's newsletter, containing a285

statement by such organization in support of or opposition to a286

candidate or issue, which newsletter is distributed only to287

members of such organization.288

(b) As used in this chapter, an "expenditure" for an289

electioneering communication is made when the earliest of the290

following occurs:291

1. A person enters into a contract for applicable goods or292

services;293

2. A person makes payment, in whole or in part, for the294

production or public dissemination of applicable goods or295

services; or296

3. The electioneering communication is publicly297

disseminated.298

(5)(a) "Independent expenditure" means an expenditure by a299

person for the purpose of expressly advocating the election or300

defeat of a candidate or the approval or rejection of an issue,301

which expenditure is not controlled by, coordinated with, or302

made upon consultation with, any candidate, political committee,303

or agent of such candidate or committee. An expenditure for such304

purpose by a person having a contract with the candidate,305

political committee, or agent of such candidate or committee in306

a given election period shall not be deemed an independent307


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expenditure.308

(b) An expenditure for the purpose of expressly advocating309

the election or defeat of a candidate which is made by the310

national, state, or county executive committee of a political311

party, including any subordinate committee of the a national,312

state, or county committee of a political party, an affiliated313

party committee, a or by any political committee, a or committee314

of continuous existence, or any other person, shall not be315

considered an independent expenditure if the committee or316

person:317

1. Communicates with the candidate, the candidate's318

campaign, or an agent of the candidate acting on behalf of the319

candidate, including any pollster, media consultant, advertising320

agency, vendor, advisor, or staff member, concerning the321

preparation of, use of, or payment for, the specific expenditure322

or advertising campaign at issue; or323

2. Makes a payment in cooperation, consultation, or324

concert with, at the request or suggestion of, or pursuant to325

any general or particular understanding with the candidate, the326

candidate's campaign, a political committee supporting the327

candidate, or an agent of the candidate relating to the specific328

expenditure or advertising campaign at issue; or329

3. Makes a payment for the dissemination, distribution, or330

republication, in whole or in part, of any broadcast or any331

written, graphic, or other form of campaign material prepared by332

the candidate, the candidate's campaign, or an agent of the333

candidate, including any pollster, media consultant, advertising334

agency, vendor, advisor, or staff member; or335


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4. Makes a payment based on information about the336

candidate's plans, projects, or needs communicated to a member337

of the committee or person by the candidate or an agent of the338

candidate, provided the committee or person uses the information339

in any way, in whole or in part, either directly or indirectly,340

to design, prepare, or pay for the specific expenditure or341

advertising campaign at issue; or342

5. After the last day of qualifying for statewide or343

legislative office, consults about the candidate's plans,344

projects, or needs in connection with the candidate's pursuit of345

election to office and the information is used in any way to346

plan, create, design, or prepare an independent expenditure or347

advertising campaign, with:348

a. Any officer, director, employee, or agent of a349

national, state, or county executive committee of a political350

party or an affiliated party committee that has made or intends351

to make expenditures in connection with or contributions to the352

candidate; or353

b. Any person whose professional services have been354

retained by a national, state, or county executive committee of355

a political party or an affiliated party committee that has made356

or intends to make expenditures in connection with or357

contributions to the candidate; or358

6. After the last day of qualifying for statewide or359

legislative office, retains the professional services of any360

person also providing those services to the candidate in361

connection with the candidate's pursuit of election to office;362

or363


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7. Arranges, coordinates, or directs the expenditure, in364

any way, with the candidate or an agent of the candidate.365

(8) "Person" means an individual or a corporation,366

association, firm, partnership, joint venture, joint stock367

company, club, organization, estate, trust, business trust,368

syndicate, or other combination of individuals having collective369

capacity. The term includes a political party, affiliated party370

committee, political committee, or committee of continuous371

existence.372

(14) "Filing officer" means the person before whom a373

candidate qualifies, the agency or officer with whom a political374

committee or an electioneering communications organization375

registers, or the agency by whom a committee of continuous376

existence is certified.377

(18)(a) "Electioneering communication" means any378

communication publicly distributed by a television station,379

radio station, cable television system, satellite system,380

newspaper, magazine, direct mail, or telephone a paid expression381

in any communications media prescribed in subsection (13) by382

means other than the spoken word in direct conversation that:383

1. Refers to or depicts a clearly identified candidate for384

office or contains a clear reference indicating that an issue is385

to be voted on at an election, without expressly advocating the386

election or defeat of a candidate but that is susceptible of no387

reasonable interpretation other than an appeal to vote for or388

against a specific candidate; or the passage or defeat of an389

issue.390


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2. Is made within 30 days before a primary or special391

primary election or 60 days before any other election for the392

office sought by the candidate; and393

3. Is For communications referring to or depicting a394

clearly identified candidate for office, is targeted to the395

relevant electorate. A communication is considered targeted if396

1,000 or more persons in the geographic area the candidate would397

represent if elected will receive the communication.398

3. For communications containing a clear reference399

indicating that an issue is to be voted on at an election, is400

published after the issue is designated a ballot position or 120401

days before the date of the election on the issue, whichever402

occurs first.403

(b) The term "electioneering communication" does not404

include:405

1. A communication disseminated through a means of406

communication other than a television station, radio station,407

cable television system, satellite system, newspaper, magazine,408

direct mail, telephone, or statement or depiction by an409

organization, in existence prior to the time during which a410

candidate named or depicted qualifies or an issue identified is411

placed on the ballot for that election, made in that412

organization's newsletter, which newsletter is distributed only413

to members of that organization.414

2. A communication in a news story, commentary, or415

editorial distributed through the facilities of any radio416

station, television station, cable television system, or417

satellite system, unless the facilities are owned or controlled418


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by any political party, political committee, or candidate. A419

news story distributed through the facilities owned or420

controlled by any political party, political committee, or421

candidate may nevertheless be exempt if it represents a bona422

fide news account communicated through a licensed broadcasting423

facility and the communication is part of a general pattern of424

campaign-related news accounts that give reasonably equal425

coverage to all opposing candidates in the area An editorial426

endorsement, news story, commentary, or editorial by any427

newspaper, radio, television station, or other recognized news428

medium.429

3. A communication that constitutes a public debate or430

forum that includes at least two opposing candidates for an431

office or one advocate and one opponent of an issue, or that432

solely promotes such a debate or forum and is made by or on433

behalf of the person sponsoring the debate or forum, provided434

that:435

a. The staging organization is either:436

(I) A charitable organization that does not make other437

electioneering communications and does not otherwise support or438

oppose any political candidate or political party; or439

(II) A newspaper, radio station, television station, or440

other recognized news medium; and441

b. The staging organization does not structure the debate442

to promote or advance one candidate or issue position over443

another.444


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(c) For purposes of this chapter, an expenditure made for,445

or in furtherance of, an electioneering communication shall not446

be considered a contribution to or on behalf of any candidate.447

(d) For purposes of this chapter, an electioneering448

communication shall not constitute an independent expenditure449

nor be subject to the limitations applicable to independent450

expenditures.451

(19) "Electioneering communications organization" means452

any group, other than a political party, affiliated party453

committee, political committee, or committee of continuous454

existence, whose election-related activities are limited to455

making expenditures for electioneering communications or456

accepting contributions for the purpose of making electioneering457

communications and whose activities would not otherwise require458

the group to register as a political party, political committee,459

or committee of continuous existence under this chapter.460

Section 5. Subsection (3) of section 106.021, Florida461

Statutes, is amended to read:462

106.021 Campaign treasurers; deputies; primary and463

secondary depositories.464

(3) No contribution or expenditure, including465

contributions or expenditures of a candidate or of the466

candidate's family, shall be directly or indirectly made or467

received in furtherance of the candidacy of any person for468

nomination or election to political office in the state or on469

behalf of any political committee except through the duly470

appointed campaign treasurer of the candidate or political471

committee, subject to the following exceptions:472


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(a) Independent expenditures;473

(b) Reimbursements to a candidate or any other individual474

for expenses incurred in connection with the campaign or475

activities of the political committee by a check drawn upon the476

campaign account and reported pursuant to s. 106.07(4). After477

July 1, 2004, the full name and address of each person to whom478

the candidate or other individual made payment for which479

reimbursement was made by check drawn upon the campaign account480

shall be reported pursuant to s. 106.07(4), together with the481

purpose of such payment;482

(c) Expenditures made indirectly through a treasurer for483

goods or services, such as communications media placement or484

procurement services, campaign signs, insurance, or other485

expenditures that include multiple integral components as part486

of the expenditure and reported pursuant to s. 106.07(4)(a)13.;487

or488

(d) Expenditures made directly by any political committee,489

affiliated party committee, or political party regulated by490

chapter 103 for obtaining time, space, or services in or by any491

communications medium for the purpose of jointly endorsing three492

or more candidates, and any such expenditure shall not be493

considered a contribution or expenditure to or on behalf of any494

such candidates for the purposes of this chapter.495


Statutes, is reenacted to read:497

106.022 Appointment of a registered agent; duties.498

(1) Each political committee, committee of continuous499

existence, or electioneering communications organization shall500


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have and continuously maintain in this state a registered office501

and a registered agent and must file with the division a502

statement of appointment for the registered office and503

registered agent. The statement of appointment must:504

(a) Provide the name of the registered agent and the505

street address and phone number for the registered office;506

(b) Identify the entity for whom the registered agent507

serves;508

(c) Designate the address the registered agent wishes to509

use to receive mail;510

(d) Include the entity's undertaking to inform the511

division of any change in such designated address;512

(e) Provide for the registered agent's acceptance of the513

appointment, which must confirm that the registered agent is514

familiar with and accepts the obligations of the position as set515

forth in this section; and516

(f) Contain the signature of the registered agent and the517

entity engaging the registered agent.518



106.025 Campaign fund raisers.521

(2) This section shall not apply to any campaign fund522

raiser held on behalf of a political party by the state or523

county executive committee or an affiliated party committee of524

such party, provided that the proceeds of such campaign fund525

raiser are reported pursuant to s. 106.29.526


106.03, Florida Statutes, is reenacted and amended, and528


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subsections (2), (4), and (7) of that section are amended, to529

read:530

106.03 Registration of political committees and531

electioneering communications organizations.532

(1)533

(b)1. Each electioneering communications organization that534

receives anticipates receiving contributions or makes making535

expenditures during a calendar year in an aggregate amount536

exceeding $5,000 shall file a statement of organization as537

provided in subparagraph 2. subsection (3) by expedited delivery538

within 24 hours after its organization or, if later, within 24539

hours after the date on which it receives has information that540

causes the organization to anticipate that it will receive541

contributions or makes make expenditures for an electioneering542

communication in excess of $5,000.543

2.a. In a statewide, legislative, or multicounty election,544

an electioneering communications organization shall file a545

statement of organization with the Division of Elections.546

b. In a countywide election or any election held on less547

than a countywide basis, except as described in sub-subparagraph548

c., an electioneering communications organization shall file a549

statement of organization with the supervisor of elections of550

the county in which the election is being held.551

c. In a municipal election, an electioneering552

communications organization shall file a statement of553

organization with the officer before whom municipal candidates554

qualify.555


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d. Any electioneering communications organization that556

would be required to file a statement of organization in two or557

more locations by reason of the organization's intention to558

support or oppose candidates at state or multicounty and local559

levels of government need only file a statement of organization560

with the Division of Elections.561

(2) The statement of organization shall include:562

(a) The name, mailing address, and street address of the563

committee or electioneering communications organization;564

(b) The names, street addresses, and relationships of565

affiliated or connected organizations;566

(c) The area, scope, or jurisdiction of the committee or567

electioneering communications organization;568

(d) The name, mailing address, street address, and569

position of the custodian of books and accounts;570

(e) The name, mailing address, street address, and571

position of other principal officers, including the treasurer572

and deputy treasurer including officers and members of the573

finance committee, if any;574

(f) The name, address, office sought, and party575

affiliation of:576

1. Each candidate whom the committee is supporting;577

2. Any other individual, if any, whom the committee is578

supporting for nomination for election, or election, to any579

public office whatever;580

(g) Any issue or issues the committee such organization is581

supporting or opposing;582


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(h) If the committee is supporting the entire ticket of583

any party, a statement to that effect and the name of the party;584

(i) A statement of whether the committee is a continuing585

one;586

(j) Plans for the disposition of residual funds which will587

be made in the event of dissolution;588

(k) A listing of all banks, safe-deposit boxes, or other589

depositories used for committee or electioneering communications590

organization funds; and591

(l) A statement of the reports required to be filed by the592

committee or the electioneering communications organization with593

federal officials, if any, and the names, addresses, and594

positions of such officials; and595

(m) A statement of whether the electioneering596

communications organization was formed as a newly created597

organization during the current calendar quarter or was formed598

from an organization existing prior to the current calendar599

quarter. For purposes of this subsection, calendar quarters end600

the last day of March, June, September, and December.601

(4) Any change in information previously submitted in a602

statement of organization shall be reported to the agency or603

officer with whom such committee or electioneering604

communications organization is required to register pursuant to605

subsection (3), within 10 days following the change.606

(7) The Division of Elections shall adopt promulgate rules607

to prescribe the manner in which inactive committees and608

electioneering communications organizations may be dissolved and609


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have their registration canceled. Such rules shall, at a610

minimum, provide for:611

(a) Notice which shall contain the facts and conduct which612

warrant the intended action, including but not limited to613

failure to file reports and limited activity.614

(b) Adequate opportunity to respond.615

(c) Appeal of the decision to the Florida Elections616

Commission. Such appeals shall be exempt from the617

confidentiality provisions of s. 106.25.618

Section 9. Paragraph (c) of subsection (4) of section619

106.04, Florida Statutes, is amended, and subsection (5) of that620

section is reenacted, to read:621

106.04 Committees of continuous existence.622

(4)623

(c) All committees of continuous existence shall file624

their reports with the Division of Elections. Reports shall be625

filed in accordance with s. 106.0705 and shall contain the626

following information:627

1. The full name, address, and occupation of each person628

who has made one or more contributions, including contributions629

that represent the payment of membership dues, to the committee630

during the reporting period, together with the amounts and dates631

of such contributions. For corporations, the report must provide632

as clear a description as practicable of the principal type of633

business conducted by the corporation. However, if the634

contribution is $100 or less, the occupation of the contributor635

or principal type of business need not be listed. However, for636

any contributions that represent the payment of dues by members637


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in a fixed amount aggregating no more than $250 per calendar638

year, pursuant to the schedule on file with the Division of639

Elections, only the aggregate amount of such contributions need640

be listed, together with the number of members paying such dues641

and the amount of the membership dues.642

2. The name and address of each political committee or643

committee of continuous existence from which the reporting644

committee received, or the name and address of each political645

committee, committee of continuous existence, affiliated party646

committee, or political party to which it made, any transfer of647

funds, together with the amounts and dates of all transfers.648

3. Any other receipt of funds not listed pursuant to649

subparagraph 1. or subparagraph 2., including the sources and650

amounts of all such funds.651

4. The name and address of, and office sought by, each652

candidate to whom the committee has made a contribution during653

the reporting period, together with the amount and date of each654

contribution.655

5. The full name and address of each person to whom656

expenditures have been made by or on behalf of the committee657

within the reporting period; the amount, date, and purpose of658

each such expenditure; and the name and address, and office659

sought by, each candidate on whose behalf such expenditure was660

made.661

6. The full name and address of each person to whom an662

expenditure for personal services, salary, or reimbursement for663

authorized expenses has been made, including the full name and664

address of each entity to whom the person made payment for which665


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reimbursement was made by check drawn upon the committee666

account, together with the amount and purpose of such payment.667

7. Transaction information from each credit card statement668

that will be included in the next report following receipt669

thereof by the committee. Receipts for each credit card purchase670

shall be retained by the treasurer with the records for the671

committee account.672

8. The total sum of expenditures made by the committee673

during the reporting period.674

(5) No committee of continuous existence shall make an675

electioneering communication, contribute to any candidate or676

political committee an amount in excess of the limits contained677

in s. 106.08(1), or participate in any activity which is678

prohibited by this chapter. If any violation occurs, it shall be679

punishable as provided in this chapter for the given offense. No680

funds of a committee of continuous existence shall be expended681

on behalf of a candidate, except by means of a contribution made682

through the duly appointed campaign treasurer of a candidate. No683

such committee shall make expenditures in support of, or in684

opposition to, an issue unless such committee first registers as685

a political committee pursuant to this chapter and undertakes686

all the practices and procedures required thereof; provided such687

committee may make contributions in a total amount not to exceed688

25 percent of its aggregate income, as reflected in the annual689

report filed for the previous year, to one or more political690

committees registered pursuant to s. 106.03 and formed to691

support or oppose issues.692


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106.0701 Solicitation of contributions on behalf of s. 527695

or s. 501(c)(4) organizations; reporting requirements; civil696

penalty; exemption.697

(5) The filing requirements of subsection (1) do not apply698

to an individual acting on behalf of his or her own campaign, or699

a political party, or an affiliated party committee of which the700

individual is a member.701

Section 11. Section 106.0703, Florida Statutes, is702

reenacted and amended to read:703

106.0703 Electioneering communications organizations;704

additional reporting requirements; certification and filing;705

penalties.706

(1)(a) Each electioneering communications organization707

shall file regular reports of all contributions received and all708

expenditures made by or on behalf of the organization. Reports709

shall be filed on the 10th day following the end of each710

calendar quarter from the time the organization is registered.711

However, if the 10th day following the end of a calendar quarter712

occurs on a Saturday, Sunday, or legal holiday, the report shall713

be filed on the next following day that is not a Saturday,714

Sunday, or legal holiday. Quarterly reports shall include all715

contributions received and expenditures made during the calendar716

quarter that have not otherwise been reported pursuant to this717

section.718

(b) Following the last day of candidates qualifying for719

office, the reports shall be filed on the 32nd, 18th, and 4th720


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days immediately preceding the primary election and on the 46th,721

32nd, 18th, and 4th days immediately preceding the general722

election.723

(c) When a special election is called to fill a vacancy in724

office, all electioneering communications organizations making725

contributions or expenditures to influence the results of the726

special election shall file reports with the filing officer on727

the dates set by the Department of State pursuant to s. 100.111.728

(d) In addition to the reports required by paragraph (a),729

an electioneering communications organization that is registered730

with the Department of State and that makes a contribution or731

expenditure to influence the results of a county or municipal732

election that is not being held at the same time as a state or733

federal election must file reports with the county or municipal734

filing officer on the same dates as county or municipal735

candidates or committees for that election. The electioneering736

communications organization must also include the expenditure in737

the next report filed with the Division of Elections pursuant to738

this section following the county or municipal election.739

(e) The filing officer shall make available to each740

electioneering communications organization a schedule741

designating the beginning and end of reporting periods as well742

as the corresponding designated due dates.743

(2)(a) Except as provided in s. 106.0705, the reports744

required of an electioneering communications organization shall745

be filed with the filing officer not later than 5 p.m. of the746

day designated. However, any report postmarked by the United747

States Postal Service no later than midnight of the day748


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designated shall be deemed to have been filed in a timely749

manner. Any report received by the filing officer within 5 days750

after the designated due date that was delivered by the United751

States Postal Service shall be deemed timely filed unless it has752

a postmark that indicates that the report was mailed after the753

designated due date. A certificate of mailing obtained from and754

dated by the United States Postal Service at the time of755

mailing, or a receipt from an established courier company, which756

bears a date on or before the date on which the report is due,757

shall be proof of mailing in a timely manner. Reports shall758

contain information of all previously unreported contributions759

received and expenditures made as of the preceding Friday,760

except that the report filed on the Friday immediately preceding761

the election shall contain information of all previously762

unreported contributions received and expenditures made as of763

the day preceding the designated due date. All such reports764

shall be open to public inspection.765

(b)1. Any report that is deemed to be incomplete by the766

officer with whom the electioneering communications organization767

files shall be accepted on a conditional basis. The treasurer of768

the electioneering communications organization shall be769

notified, by certified mail or other common carrier that can770

establish proof of delivery for the notice, as to why the report771

is incomplete. Within 7 days after receipt of such notice, the772

treasurer must file an addendum to the report providing all773

information necessary to complete the report in compliance with774

this section. Failure to file a complete report after such775

notice constitutes a violation of this chapter.776


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2. Notice is deemed sufficient upon proof of delivery of777

written notice to the mailing or street address of the treasurer778

or registered agent of the electioneering communication779

organization on record with the filing officer.780

(3)(a) Each report required by this section must contain:781

1. The full name, address, and occupation, if any, of each782

person who has made one or more contributions to or for such783

electioneering communications organization within the reporting784

period, together with the amount and date of such contributions.785

For corporations, the report must provide as clear a description786

as practicable of the principal type of business conducted by787

the corporation. However, if the contribution is $100 or less,788

the occupation of the contributor or the principal type of789

business need not be listed.790

2. The name and address of each political committee from791

which or to which the reporting electioneering communications792

organization made any transfer of funds, together with the793

amounts and dates of all transfers.794

3. Each loan for electioneering communication purposes to795

or from any person or political committee within the reporting796

period, together with the full names, addresses, and occupations797

and principal places of business, if any, of the lender and798

endorsers, if any, and the date and amount of such loans.799

4. A statement of each contribution, rebate, refund, or800

other receipt not otherwise listed under subparagraphs 1.-3.801

5. The total sums of all loans, in-kind contributions, and802

other receipts by or for such electioneering communications803

organization during the reporting period. The reporting forms804


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shall be designed to elicit separate totals for in-kind805

contributions, loans, and other receipts.806

6. The full name and address of each person to whom807

expenditures have been made by or on behalf of the808

electioneering communications organization within the reporting809

period and the amount, date, and purpose of each expenditure.810

7. The full name and address of each person to whom an811

expenditure for personal services, salary, or reimbursement for812

expenses has been made and that is not otherwise reported,813

including the amount, date, and purpose of the expenditure.814

8. The total sum of expenditures made by the815

electioneering communications organization during the reporting816

period.817

9. The amount and nature of debts and obligations owed by818

or to the electioneering communications organization that relate819

to the conduct of any electioneering communication.820

10. Transaction information for each credit card purchase.821

Receipts for each credit card purchase shall be retained by the822

electioneering communications organization.823

11. The amount and nature of any separate interest-bearing824

accounts or certificates of deposit and identification of the825

financial institution in which such accounts or certificates of826

deposit are located.827

12. The primary purposes of an expenditure made indirectly828

through an electioneering communications organization for goods829

and services, such as communications media placement or830

procurement services and other expenditures that include831

multiple components as part of the expenditure. The primary832


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purpose of an expenditure shall be that purpose, including833

integral and directly related components, that comprises 80834

percent of such expenditure.835

(b) The filing officer shall make available to any836

electioneering communications organization a reporting form837

which the electioneering communications organization may use to838

indicate contributions received by the electioneering839

communications organization but returned to the contributor840

before deposit.841

(4) The treasurer of the electioneering communications842

organization shall certify as to the correctness of each report,843

and each person so certifying shall bear the responsibility for844

the accuracy and veracity of each report. Any treasurer who845

willfully certifies the correctness of any report while knowing846

that such report is incorrect, false, or incomplete commits a847

misdemeanor of the first degree, punishable as provided in s.848

775.082 or s. 775.083.849

(5) The electioneering communications organization850

depository shall provide statements reflecting deposits and851

expenditures from the account to the treasurer, who shall retain852

the records pursuant to s. 106.06. The records maintained by the853

depository with respect to the account shall be subject to854

inspection by an agent of the Division of Elections or the855

Florida Elections Commission at any time during normal banking856

hours, and such depository shall furnish certified copies of any857

such records to the Division of Elections or the Florida858

Elections Commission upon request.859


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(6) Notwithstanding any other provisions of this chapter,860

in any reporting period during which an electioneering861

communications organization has not received funds, made any862

contributions, or expended any reportable funds, the treasurer863

shall file a written report with the filing officer by the864

prescribed reporting date that no reportable contributions or865

expenditures were made during the reporting period.866

(7)(a) Any electioneering communications organization867

failing to file a report on the designated due date shall be868

subject to a fine as provided in paragraph (b) for each late869

day. The fine shall be assessed by the filing officer and the870

moneys collected shall be deposited:871

1. In the General Revenue Fund, in the case of an872

electioneering communications organization that registers with873

the Division of Elections; or874

2. In the general revenue fund of the political875

subdivision, in the case of an electioneering communications876

organization that registers with an officer of a political877

subdivision.878

879

No separate fine shall be assessed for failure to file a copy of880

any report required by this section.881

(b) Upon determining that a report is late, the filing882

officer shall immediately notify the electioneering883

communications organization as to the failure to file a report884

by the designated due date and that a fine is being assessed for885

each late day. The fine shall be $50 per day for the first 3886

days late and, thereafter, $500 per day for each late day, not887


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to exceed 25 percent of the total receipts or expenditures,888

whichever is greater, for the period covered by the late report.889

However, for the reports immediately preceding each primary and890

general election, the fine shall be $500 per day for each late891

day, not to exceed 25 percent of the total receipts or892

expenditures, whichever is greater, for the period covered by893

the late report. Upon receipt of the report, the filing officer894

shall determine the amount of the fine which is due and shall895

notify the electioneering communications organization. The896

filing officer shall determine the amount of the fine due based897

upon the earliest of the following:898

1. When the report is actually received by such officer.899

2. When the report is postmarked.900

3. When the certificate of mailing is dated.901

4. When the receipt from an established courier company is902

dated.903

5. When the electronic receipt issued pursuant to s.904

106.0705 or other electronic filing system authorized in this905

section is dated.906

907

Such fine shall be paid to the filing officer within 20 days908

after receipt of the notice of payment due, unless appeal is909

made to the Florida Elections Commission pursuant to paragraph910

(c). Notice is deemed sufficient upon proof of delivery of911

written notice to the mailing or street address on record with912

the filing officer. An officer or member of an electioneering913

communications organization shall not be personally liable for914

such fine.915


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(c) The treasurer of an electioneering communications916

organization may appeal or dispute the fine, based upon, but not917

limited to, unusual circumstances surrounding the failure to918

file on the designated due date, and may request and shall be919

entitled to a hearing before the Florida Elections Commission,920

which shall have the authority to waive the fine in whole or in921

part. The Florida Elections Commission must consider the922

mitigating and aggravating circumstances contained in s.923

106.265(1) when determining the amount of a fine, if any, to be924

waived. Any such request shall be made within 20 days after925

receipt of the notice of payment due. In such case, the926

treasurer of the electioneering communications organization927

shall, within the 20-day period, notify the filing officer in928

writing of his or her intention to bring the matter before the929

commission.930

(d) The appropriate filing officer shall notify the931

Florida Elections Commission of the repeated late filing by an932

electioneering communications organization, the failure of an933

electioneering communications organization to file a report934

after notice, or the failure to pay the fine imposed. The935

commission shall investigate only those alleged late filing936

violations specifically identified by the filing officer and as937

set forth in the notification. Any other alleged violations must938

be stated separately and reported by the division to the939

commission under s. 106.25(2).940

(8) In addition to the reporting requirements in s.941

106.07, An electioneering communications organization shall,942

within 2 days after receiving its initial password or secure943


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sign-on from the Department of State allowing confidential944

access to the department's electronic campaign finance filing945

system, electronically file the periodic campaign finance946

reports that would have been required pursuant to this section947

s. 106.07 for reportable activities that occurred since the date948

of the last general election.949


106.0705, Florida Statutes, is reenacted and amended, and951

subsections (3) and (4) of that section are amended, to read:952

106.0705 Electronic filing of campaign treasurer's953

reports.954

(2)955

(b) Each political committee, committee of continuous956

existence, electioneering communications organization,957

affiliated party committee, or state executive committee that is958

required to file reports with the division under s. 106.04, s.959

106.07, s. 106.0703, or s. 106.29, as applicable, must file such960

reports with the division by means of the division's electronic961

filing system.962

(3) Reports filed pursuant to this section shall be963

completed and filed through the electronic filing system not964

later than midnight of the day designated. Reports not filed by965

midnight of the day designated are late filed and are subject to966

the penalties under s. 106.04(8), s. 106.07(8), s. 106.0703(7),967

or s. 106.29(3), as applicable.968

(4) Each report filed pursuant to this section is969

considered to be under oath by the candidate and treasurer, or970

the chair and treasurer, the treasurer under s. 106.0703, or the971


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leader and treasurer under s. 103.092, whichever is applicable,972

and such persons are subject to the provisions of s.973

106.04(4)(d), s. 106.07(5), s. 106.0703(4), or s. 106.29(2), as974

applicable. Persons given a secure sign-on to the electronic975

filing system are responsible for protecting such from976

disclosure and are responsible for all filings using such977

credentials, unless they have notified the division that their978

credentials have been compromised.979


Statutes, is reenacted and amended to read:981

106.071 Independent expenditures; electioneering982

communications; reports; disclaimers.983

(1) Each person who makes an independent expenditure with984

respect to any candidate or issue, and each individual who makes985

an expenditure for an electioneering communication which is not986

otherwise reported pursuant to this chapter, which expenditure,987

in the aggregate, is in the amount of $5,000 $100 or more, shall988

file periodic reports of such expenditures in the same manner,989

at the same time, subject to the same penalties, and with the990

same officer as a political committee supporting or opposing991

such candidate or issue. The report shall contain the full name992

and address of the person making the expenditure; the full name993

and address of each person to whom and for whom each such994

expenditure has been made; the amount, date, and purpose of each995

such expenditure; a description of the services or goods996

obtained by each such expenditure; the issue to which the997

expenditure relates; and the name and address of, and office998


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sought by, each candidate on whose behalf such expenditure was999

made.1000

Section 14. Subsections (1) , (2), (4), (5), and (6) of1001

section 106.08, Florida Statutes, are amended, and subsection1002

(7) of that section is reenacted and amended, to read:1003

106.08 Contributions; limitations on.1004

(1)(a) Except for political parties or affiliated party1005

committees, no person, political committee, or committee of1006

continuous existence may, in any election, make contributions in1007

excess of $500 to any candidate for election to or retention in1008

office or to any political committee supporting or opposing one1009

or more candidates. Candidates for the offices of Governor and1010

Lieutenant Governor on the same ticket are considered a single1011

candidate for the purpose of this section.1012

(b)1. The contribution limits provided in this subsection1013

do not apply to contributions made by a state or county1014

executive committee of a political party or affiliated party1015

committee regulated by chapter 103 or to amounts contributed by1016

a candidate to his or her own campaign.1017

2. Notwithstanding the limits provided in this subsection,1018

an unemancipated child under the age of 18 years of age may not1019

make a contribution in excess of $100 to any candidate or to any1020

political committee supporting one or more candidates.1021

(c) The contribution limits of this subsection apply to1022

each election. For purposes of this subsection, the primary1023

election and general election are separate elections so long as1024

the candidate is not an unopposed candidate as defined in s.1025

106.011(15). However, for the purpose of contribution limits1026


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with respect to candidates for retention as a justice or judge,1027

there is only one election, which is the general election.1028

(2)(a) A candidate may not accept contributions from1029

national, state, or including any subordinate committee of a1030

national, state, or county committee of a political party, and1031

county executive committees of a political party, including any1032

subordinate committee of such political party or affiliated1033

party committees, which contributions in the aggregate exceed1034

$50,000, no more than $25,000 of which may be accepted prior to1035

the 28-day period immediately preceding the date of the general1036

election.1037

(b) A candidate for statewide office may not accept1038

contributions from national, state, or county executive1039

committees of a political party, including any subordinate1040

committee of the a national, state, or county committee of a1041

political party, or affiliated party committees, which1042

contributions in the aggregate exceed $250,000, no more than1043

$125,000 of which may be accepted prior to the 28-day period1044

immediately preceding the date of the general election. Polling1045

services, research services, costs for campaign staff,1046

professional consulting services, and telephone calls are not1047

contributions to be counted toward the contribution limits of1048

paragraph (a) or this paragraph. Any item not expressly1049

identified in this paragraph as nonallocable is a contribution1050

in an amount equal to the fair market value of the item and must1051

be counted as allocable toward the contribution limits of1052

paragraph (a) or this paragraph. Nonallocable, in-kind1053

contributions must be reported by the candidate under s. 106.071054


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and by the political party or affiliated party committee under1055

s. 106.29.1056

(4)(a) Any contribution received by the chair, campaign1057

treasurer, or deputy campaign treasurer of a political committee1058

supporting or opposing a candidate with opposition in an1059

election or supporting or opposing an issue on the ballot in an1060

election on the day of that election or less than 5 days prior1061

to the day of that election may not be obligated or expended by1062

the committee until after the date of the election.1063

(b) Any contribution received by an electioneering1064

communications organization on the day of an election or less1065

than 5 days prior to the day of that election may not be1066

obligated or expended by the organization until after the date1067

of the election and may not be expended to pay for any1068

obligation arising prior to the election.1069

(5)(a) A person may not make any contribution through or1070

in the name of another, directly or indirectly, in any election.1071

(b) Candidates, political committees, affiliated party1072

committees, and political parties may not solicit contributions1073

from any religious, charitable, civic, or other causes or1074

organizations established primarily for the public good.1075

(c) Candidates, political committees, affiliated party1076

committees, and political parties may not make contributions, in1077

exchange for political support, to any religious, charitable,1078

civic, or other cause or organization established primarily for1079

the public good. It is not a violation of this paragraph for:1080


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1. A candidate, political committee, affiliated party1081

committee, or political party executive committee to make gifts1082

of money in lieu of flowers in memory of a deceased person;1083

2. A candidate to continue membership in, or make regular1084

donations from personal or business funds to, religious,1085

political party, affiliated party committee, civic, or1086

charitable groups of which the candidate is a member or to which1087

the candidate has been a regular donor for more than 6 months;1088

or1089

3. A candidate to purchase, with campaign funds, tickets,1090

admission to events, or advertisements from religious, civic,1091

political party, affiliated party committee, or charitable1092

groups.1093

(d) An electioneering communications organization may not1094

accept a contribution from an organization exempt from taxation1095

under s. 527 or s. 501(c)(4) of the Internal Revenue Code, other1096

than a political committee, committee of continuous existence,1097

or political party, unless the contributing organization has1098

registered as if the organization were an electioneering1099

communications organization pursuant to s. 106.03 and has filed1100

all campaign finance reports required of electioneering1101

communications organizations pursuant to ss. 106.07 and1102

106.0703.1103

(6)(a) A political party or affiliated party committee may1104

not accept any contribution that has been specifically1105

designated for the partial or exclusive use of a particular1106

candidate. Any contribution so designated must be returned to1107

the contributor and may not be used or expended by or on behalf1108


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of the candidate. Funds contributed to an affiliated party1109

committee shall not be deemed as designated for the partial or1110

exclusive use of a leader as defined in s. 103.092.1111

(b)1. A political party or affiliated party committee may1112

not accept any in-kind contribution that fails to provide a1113

direct benefit to the political party or affiliated party1114

committee. A "direct benefit" includes, but is not limited to,1115

fundraising or furthering the objectives of the political party1116

or affiliated party committee.1117

2.a. An in-kind contribution to a state political party1118

may be accepted only by the chairperson of the state political1119

party or by the chairperson's designee or designees whose names1120

are on file with the division in a form acceptable to the1121

division prior to the date of the written notice required in1122

sub-subparagraph b. An in-kind contribution to a county1123

political party may be accepted only by the chairperson of the1124

county political party or by the county chairperson's designee1125

or designees whose names are on file with the supervisor of1126

elections of the respective county prior to the date of the1127

written notice required in sub-subparagraph b. An in-kind1128

contribution to an affiliated party committee may be accepted1129

only by the leader of the affiliated party committee as defined1130

in s. 103.092 or by the leader's designee or designees whose1131

names are on file with the division in a form acceptable to the1132

division prior to the date of the written notice required in1133

sub-subparagraph b.1134

b. A person making an in-kind contribution to a state1135

political party or county political party or affiliated party1136


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committee must provide prior written notice of the contribution1137

to a person described in sub-subparagraph a. The prior written1138

notice must be signed and dated and may be provided by an1139

electronic or facsimile message. However, prior written notice1140

is not required for an in-kind contribution that consists of1141

food and beverage in an aggregate amount not exceeding $1,5001142

which is consumed at a single sitting or event if such in-kind1143

contribution is accepted in advance by a person specified in1144

sub-subparagraph a.1145

c. A person described in sub-subparagraph a. may accept an1146

in-kind contribution requiring prior written notice only in a1147

writing that is signed and dated before the in-kind contribution1148

is made. Failure to obtain the required written acceptance of an1149

in-kind contribution to a state or county political party or1150

affiliated party committee constitutes a refusal of the1151

contribution.1152

d. A copy of each prior written acceptance required under1153

sub-subparagraph c. must be filed with the division at the time1154

the regular reports of contributions and expenditures required1155

under s. 106.29 are filed by the state executive committee, and1156

county executive committee, and affiliated party committee.1157

e. An in-kind contribution may not be given to a state or1158

county political party or affiliated party committee unless the1159

in-kind contribution is made as provided in this subparagraph.1160

(7)(a) Any person who knowingly and willfully makes or1161

accepts no more than one contribution in violation of subsection1162

(1) or subsection (5), or any person who knowingly and willfully1163

fails or refuses to return any contribution as required in1164


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subsection (3), commits a misdemeanor of the first degree,1165

punishable as provided in s. 775.082 or s. 775.083. If any1166

corporation, partnership, or other business entity or any1167

political party, affiliated party committee, political1168

committee, committee of continuous existence, or electioneering1169

communications organization is convicted of knowingly and1170

willfully violating any provision punishable under this1171

paragraph, it shall be fined not less than $1,000 and not more1172

than $10,000. If it is a domestic entity, it may be ordered1173

dissolved by a court of competent jurisdiction; if it is a1174

foreign or nonresident business entity, its right to do business1175

in this state may be forfeited. Any officer, partner, agent,1176

attorney, or other representative of a corporation, partnership,1177

or other business entity, or of a political party, affiliated1178

party committee, political committee, committee of continuous1179

existence, electioneering communications organization, or1180

organization exempt from taxation under s. 527 or s. 501(c)(4)1181

of the Internal Revenue Code, who aids, abets, advises, or1182

participates in a violation of any provision punishable under1183

this paragraph commits a misdemeanor of the first degree,1184

punishable as provided in s. 775.082 or s. 775.083.1185

(b) Any person who knowingly and willfully makes or1186

accepts two or more contributions in violation of subsection (1)1187

or subsection (5) commits a felony of the third degree,1188

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.1189

If any corporation, partnership, or other business entity or any1190

political party, affiliated party committee, political1191

committee, committee of continuous existence, or electioneering1192


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communications organization is convicted of knowingly and1193

willfully violating any provision pu

hb 1207 2010 an act relating to campaign financing

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