Bill Amendment: FL S1382 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Campaign Finance
Status: 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 569 (Ch. 2013-37) [S1382 Detail]
Download: Florida-2013-S1382-Community_Affairs_Committee_Amendment_917064.html
Bill Title: Campaign Finance
Status: 2013-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 569 (Ch. 2013-37) [S1382 Detail]
Download: Florida-2013-S1382-Community_Affairs_Committee_Amendment_917064.html
Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1382
Barcode 917064
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/21/2013 .
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The Committee on Community Affairs (Latvala) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 967 and 968
4 insert:
5 Section 10. Section 106.0702, Florida Statutes, is created
6 to read:
7 106.0702 Reporting; political party executive committee
8 candidates.—
9 (1) An individual seeking a publicly-elected position on a
10 political party executive committee who receives a contribution
11 or makes an expenditure shall file a report of all contributions
12 received, and all expenditures made. The report shall be filed
13 on the 4th day immediately preceding the primary election.
14 (2)(a) The report shall be filed with the supervisor of
15 elections of the appropriate county. Reports shall be filed no
16 later than 5 p.m. of the day designated; however, any report
17 postmarked by the United States Postal Service by the day
18 designated shall be deemed to have been filed in a timely
19 manner. Any report received by the filing officer within 5 days
20 after the designated due date shall be deemed timely filed
21 unless it has a postmark that indicates that the report was
22 mailed after the designated due date. A certificate of mailing
23 obtained from and dated by the United States Postal Service at
24 the time of mailing, or a receipt from an established courier
25 company, which bears a date on or before the date on which the
26 report is due is proof of mailing in a timely manner. The report
27 filed must contain information of all contributions received and
28 expenditures made as of the day preceding the designated due
29 date. All such reports must be open to public inspection.
30 (b) A reporting individual may submit the report required
31 under this section through an electronic filing system, if used
32 by the supervisor for other candidates, in order to satisfy the
33 filing requirement. Such reports shall be completed and filed
34 through the electronic filing system not later than midnight on
35 the 4th day immediately preceding the primary election.
36 (3)(a) A report that is deemed to be incomplete by the
37 supervisor shall be accepted on a conditional basis. The
38 supervisor shall send a notice to the reporting individual by
39 certified mail or by another method using a common carrier that
40 provides proof of delivery as to why the report is incomplete.
41 Within 7 days after receipt of such notice, the reporting
42 individual must file an addendum to the report providing all
43 information necessary to complete the report in compliance with
44 this section. Failure to file a complete report after such
45 notice constitutes a violation of this chapter.
46 (b) Notice is deemed complete upon proof of delivery of a
47 written notice to the mailing or street address which is on
48 record with the supervisor.
49 (4)(a) Each report required by this section must contain:
50 1. The full name, address, and occupation of each person
51 who has made one or more contributions to or for the reporting
52 individual within the reporting period, together with the amount
53 and date of such contributions. For corporations, the report
54 must provide as clear a description as practicable of the
55 principal type of business conducted by the corporations.
56 However, if the contribution is $100 or less or is from a
57 relative, as defined in s. 112.312, provided that the
58 relationship is reported, the occupation of the contributor or
59 the principal type of business need not be listed.
60 2. The name and address of each political committee from
61 which the reporting individual has received, or to which the
62 reporting individual has made, any transfer of funds within the
63 reporting period, together with the amounts and dates of all
64 transfers.
65 3. Each loan for campaign purposes from any person or
66 political committee within the reporting period, together with
67 the full name, address, and occupation, and principal place of
68 business, if any, of the lender and endorser, if any, and the
69 date and amount of such loans.
70 4. A statement of each contribution, rebate, refund, or
71 other receipt not otherwise listed under subparagraphs 1.-3.
72 5. The total sums of all loans, in-kind contributions, and
73 other receipts by or for such reporting individual during the
74 reporting period. The reporting forms shall be designed to
75 elicit separate totals for in-kind contributions, loans, and
76 other receipts.
77 6. The full name and address of each person to whom
78 expenditures have been made by or on behalf of the reporting
79 individual within the reporting period; the amount, date, and
80 purpose of each such expenditure; and the name and address of,
81 and office sought by, each reporting individual on whose behalf
82 such expenditure was made.
83 7. The amount and nature of debts and obligations owed by
84 or to the reporting individual which relate to the conduct of
85 any political campaign.
86 8. Transaction information for each credit card purchase.
87 Receipts for each credit card purchase shall be retained by the
88 reporting individual.
89 9. The amount and nature of any separate interest-bearing
90 accounts or certificates of deposit and identification of the
91 financial institution in which such accounts or certificates of
92 deposit are located.
93 (b) The supervisor shall make available to any reporting
94 individual a reporting form that the reporting individual may
95 use to indicate contributions received by the reporting
96 individual but returned to the contributor before deposit.
97 (5) The reporting individual shall certify as to the
98 correctness of the report and shall bear the responsibility for
99 the accuracy and veracity of each report. Any reporting
100 individual who willfully certifies the correctness of the report
101 while knowing that such report is incorrect, false, or
102 incomplete commits a misdemeanor of the first degree, punishable
103 as provided in s. 775.082 or s. 775.083.
104 (6) Notwithstanding any other provisions of this chapter,
105 the filing of the required report is waived if the reporting
106 individual has not received contributions or expended any
107 reportable funds.
108 (7)(a) A reporting individual who fails to file a report on
109 the designated due date is subject to a fine, and such fine
110 shall be paid only from personal funds of the reporting
111 individual. The fine shall be $50 per day for the first 3 days
112 late and, thereafter, $500 per day for each late day, not to
113 exceed 25 percent of the total receipts or expenditures,
114 whichever is greater. The fine shall be assessed by the
115 supervisor, and the moneys collected shall be deposited into the
116 general revenue fund of the political subdivision.
117 (b) The supervisor shall determine the amount of the fine
118 due based upon the earliest of the following:
119 1. When the report is actually received by the supervisor.
120 2. When the report is postmarked;
121 3. When the certificate of mailing is dated;
122 4. When the receipt from an established courier company is
123 dated; or
124 5. When the report is completed and filed through the
125 electronic filing system, if applicable.
126
127 Such fine shall be paid to the supervisor within 20 days after
128 receipt of the notice of payment due unless appeal is made to
129 the Florida Elections Commission pursuant to paragraph (c).
130 Notice is deemed complete upon proof of delivery of written
131 notice to the mailing or street address on record with the
132 supervisor. Such fine may not be an allowable campaign
133 expenditure and shall be paid only from personal funds of the
134 reporting individual.
135 (c) A reporting individual may appeal or dispute the fine,
136 based upon, but not limited to, unusual circumstances
137 surrounding the failure to file on the designated due date, and
138 may request and is entitled to a hearing before the Florida
139 Elections Commission, which has the authority to waive the fine
140 in whole or in part. The Florida Elections Commission must
141 consider the mitigating and aggravating circumstances contained
142 in s. 106.265(2) when determining the amount of a fine, if any,
143 to be waived. Any such request shall be made within 20 days
144 after receipt of the notice of payment due. In such case, the
145 reporting individual must, within 20 days after receipt of the
146 notice, notify the supervisor in writing of his or her intention
147 to bring the matter before the commission.
148 (d) The appropriate supervisor shall notify the Florida
149 Elections Commission of the late filing by a reporting
150 individual, the failure of a reporting individual to file a
151 report after notice, or the failure to pay the fine imposed. The
152 commission shall investigate only those alleged late filing
153 violations specifically identified by the supervisor and as set
154 forth in the notification. Any other alleged violations must be
155 separately stated and reported by the division to the commission
156 under s. 106.25(2).
157
158 ================= T I T L E A M E N D M E N T ================
159 And the title is amended as follows:
160 Delete line 39
161 and insert:
162 committees; conforming a cross-reference; creating s.
163 106.0702, F.S.; requiring certain individuals seeking
164 a publicly-elected position on a political party
165 executive committee to file a report with the
166 supervisor of elections before the primary election;
167 providing filing and notice requirements; specifying
168 the contents of the report; requiring the supervisor
169 to make a specified form available to a reporting
170 individual; requiring the reporting individual to
171 certify to the correctness of the report; providing
172 criminal penalties for a reporting individual who
173 willfully files an incorrect, false, or incomplete
174 report; providing for a fine under specified
175 conditions; authorizing a reporting individual to
176 appeal a fine to the Florida Elections Commission;
177 requiring the supervisor to notify the commission of
178 specified violations; amending s.
