Bill Text: FL S0516 | 2020 | Regular Session | Introduced
Bill Title: Campaign Financing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Ethics and Elections [S0516 Detail]
Download: Florida-2020-S0516-Introduced.html
Florida Senate - 2020 SB 516
By Senator Gruters
23-00212-20 2020516__
1 A bill to be entitled
2 An act relating to campaign financing; amending s.
3 106.011, F.S.; revising the definition of the term
4 “contribution” to conform to changes made by the act;
5 amending ss. 106.07 and 106.0703, F.S.; revising the
6 schedule governing campaign finance reporting for
7 candidates, political committees, and electioneering
8 communications organizations; revising reporting
9 requirements regarding transfers made by political
10 committees and electioneering communications
11 organizations, to conform; creating s. 106.38, F.S.;
12 prohibiting a political committee or an electioneering
13 communications organization from transferring funds to
14 certain entities; providing a transitional provision
15 regarding final monthly reports by candidates,
16 political committees, and electioneering
17 communications organizations; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (5) of section 106.011, Florida
23 Statutes, is amended to read:
24 106.011 Definitions.—As used in this chapter, the following
25 terms have the following meanings unless the context clearly
26 indicates otherwise:
27 (5) “Contribution” means:
28 (a) A gift, subscription, conveyance, deposit, loan,
29 payment, or distribution of money or anything of value,
30 including contributions in kind having an attributable monetary
31 value in any form, made for the purpose of influencing the
32 results of an election or making an electioneering
33 communication.
34 (b) A transfer of funds between political committees,
35 between electioneering communications organizations, or between
36 any combination of these groups.
37 (c) The payment, by a person other than a candidate or
38 political committee, of compensation for the personal services
39 of another person which are rendered to a candidate or political
40 committee without charge to the candidate or committee for such
41 services.
42 (c)(d) The transfer of funds by a campaign treasurer or
43 deputy campaign treasurer between a primary depository and a
44 separate interest-bearing account or certificate of deposit, and
45 the term includes interest earned on such account or
46 certificate.
47
48 Notwithstanding the foregoing meanings of “contribution,” the
49 term may not be construed to include services, including, but
50 not limited to, legal and accounting services, provided without
51 compensation by individuals volunteering a portion or all of
52 their time on behalf of a candidate or political committee or
53 editorial endorsements.
54 Section 2. Subsections (1) and (2) and paragraph (a) of
55 subsection (4) of section 106.07, Florida Statutes, are amended
56 to read:
57 106.07 Reports; certification and filing.—
58 (1) Each campaign treasurer designated by a candidate or
59 political committee pursuant to s. 106.021 shall file regular
60 reports of all contributions received, and all expenditures
61 made, by or on behalf of such candidate or political committee.
62 Except as provided in paragraphs (a) and (b), reports shall be
63 filed on the 10th day following the end of each calendar quarter
64 month from the time the campaign treasurer is appointed, except
65 that, if the 10th day following the end of a calendar quarter
66 month occurs on a Saturday, Sunday, or legal holiday, the report
67 shall be filed on the next following day that is not a Saturday,
68 Sunday, or legal holiday. Quarterly Monthly reports must shall
69 include all contributions received and expenditures made during
70 the calendar quarter month which have not otherwise been
71 reported pursuant to this section.
72 (a) A statewide candidate or a political committee required
73 to file reports with the division must file reports:
74 1. on the 60th day immediately preceding the primary
75 election, and each week thereafter, with the last weekly report
76 being filed on the 4th day immediately preceding the general
77 election.
78 2. On the 10th day immediately preceding the general
79 election, and each day thereafter, with the last daily report
80 being filed the 5th day immediately preceding the general
81 election.
82 (b) Any other candidate or a political committee required
83 to file reports with a filing officer other than the division
84 must file reports on the 32nd, 25th, 18th, 11th, and 4th days
85 60th day immediately preceding the primary election, and on the
86 46th, 32nd, 25th, 18th, 11th, and 4th days biweekly on each
87 Friday thereafter through and including the 4th day immediately
88 preceding the general election, with additional reports due on
89 the 25th and 11th days before the primary election and the
90 general election.
91 (c) Following the last day of qualifying for office, any
92 unopposed candidate need only file a report within 90 days after
93 the date such candidate became unopposed. Such report shall
94 contain all previously unreported contributions and expenditures
95 as required by this section and shall reflect disposition of
96 funds as required by s. 106.141.
97 (d)1. When a special election is called to fill a vacancy
98 in office, all political committees making contributions or
99 expenditures to influence the results of such special election
100 or the preceding special primary election shall file campaign
101 treasurers’ reports with the filing officer on the dates set by
102 the Department of State pursuant to s. 100.111.
103 2. When an election is called for an issue to appear on the
104 ballot at a time when no candidates are scheduled to appear on
105 the ballot, all political committees making contributions or
106 expenditures in support of or in opposition to such issue shall
107 file reports on the 18th and 4th days before such election.
108 (e) The filing officer shall provide each candidate with a
109 schedule designating the beginning and end of reporting periods
110 as well as the corresponding designated due dates.
111 (2)(a)1. All reports required of a candidate by this
112 section shall be filed with the officer before whom the
113 candidate is required by law to qualify. All candidates who file
114 with the Department of State shall file their reports pursuant
115 to s. 106.0705. Except as provided in s. 106.0705, reports shall
116 be filed not later than 5 p.m. of the day designated; however,
117 any report postmarked by the United States Postal Service no
118 later than midnight of the day designated is deemed to have been
119 filed in a timely manner. Any report received by the filing
120 officer within 5 days after the designated due date that was
121 delivered by the United States Postal Service is deemed timely
122 filed unless it has a postmark that indicates that the report
123 was mailed after the designated due date. A certificate of
124 mailing obtained from and dated by the United States Postal
125 Service at the time of mailing, or a receipt from an established
126 courier company, which bears a date on or before the date on
127 which the report is due, suffices as proof of mailing in a
128 timely manner. Reports other than daily reports must contain
129 information on all previously unreported contributions received
130 and expenditures made as of the preceding Friday, except that
131 the report filed on the Friday immediately preceding the
132 election must contain information on all previously unreported
133 contributions received and expenditures made as of the day
134 preceding that designated due date; daily reports must contain
135 information on all previously unreported contributions received
136 as of the preceding day. All such reports are open to public
137 inspection.
138 2. This subsection does not prohibit the governing body of
139 a political subdivision, by ordinance or resolution, from
140 imposing upon its own officers and candidates electronic filing
141 requirements not in conflict with s. 106.0705. Expenditure of
142 public funds for such purpose is deemed to be for a valid public
143 purpose.
144 (b)1. Any report that is deemed to be incomplete by the
145 officer with whom the candidate qualifies must be accepted on a
146 conditional basis. The campaign treasurer shall be notified by
147 certified mail or by another method using a common carrier that
148 provides a proof of delivery of the notice as to why the report
149 is incomplete and within 7 days after receipt of such notice
150 must file an addendum to the report providing all information
151 necessary to complete the report in compliance with this
152 section. Failure to file a complete report after such notice
153 constitutes a violation of this chapter.
154 2. Notice is deemed complete upon proof of delivery of a
155 written notice to the mailing or street address of the campaign
156 treasurer or registered agent of record with the filing officer.
157 (4)(a) Except for daily reports, to which only the
158 contributions provisions below apply, and except as provided in
159 paragraph (b), each report required by this section must
160 contain:
161 1. The full name, address, and occupation, if any, of each
162 person who has made one or more contributions to or for such
163 committee or candidate within the reporting period, together
164 with the amount and date of such contributions. For
165 corporations, the report must provide as clear a description as
166 practicable of the principal type of business conducted by the
167 corporation. However, if the contribution is $100 or less or is
168 from a relative, as defined in s. 112.312, provided that the
169 relationship is reported, the occupation of the contributor or
170 the principal type of business need not be listed.
171 2. The name and address of each political committee from
172 which the reporting committee or the candidate received, or to
173 which the reporting committee or candidate made, any transfer of
174 funds, together with the amounts and dates of all transfers.
175 3. Each loan for campaign purposes to or from any person or
176 political committee within the reporting period, together with
177 the full names, addresses, and occupations, and principal places
178 of business, if any, of the lender and endorsers, if any, and
179 the date and amount of such loans.
180 4. A statement of each contribution, rebate, refund, or
181 other receipt not otherwise listed under subparagraphs 1.
182 through 3.
183 5. The total sums of all loans, in-kind contributions, and
184 other receipts by or for such committee or candidate during the
185 reporting period. The reporting forms shall be designed to
186 elicit separate totals for in-kind contributions, loans, and
187 other receipts.
188 6. The full name and address of each person to whom
189 expenditures have been made by or on behalf of the committee or
190 candidate within the reporting period; the amount, date, and
191 purpose of each such expenditure; and the name and address of,
192 and office sought by, each candidate on whose behalf such
193 expenditure was made. However, expenditures made from the petty
194 cash fund provided by s. 106.12 need not be reported
195 individually.
196 7. The full name and address of each person to whom an
197 expenditure for personal services, salary, or reimbursement for
198 authorized expenses as provided in s. 106.021(3) has been made
199 and which is not otherwise reported, including the amount, date,
200 and purpose of such expenditure. However, expenditures made from
201 the petty cash fund provided for in s. 106.12 need not be
202 reported individually. Receipts for reimbursement for authorized
203 expenditures shall be retained by the treasurer along with the
204 records for the campaign account.
205 8. The total amount withdrawn and the total amount spent
206 for petty cash purposes pursuant to this chapter during the
207 reporting period.
208 9. The total sum of expenditures made by such committee or
209 candidate during the reporting period.
210 10. The amount and nature of debts and obligations owed by
211 or to the committee or candidate, which relate to the conduct of
212 any political campaign.
213 11. Transaction information for each credit card purchase.
214 Receipts for each credit card purchase shall be retained by the
215 treasurer with the records for the campaign account.
216 12. The amount and nature of any separate interest-bearing
217 accounts or certificates of deposit and identification of the
218 financial institution in which such accounts or certificates of
219 deposit are located.
220 13. The primary purposes of an expenditure made indirectly
221 through a campaign treasurer pursuant to s. 106.021(3) for goods
222 and services such as communications media placement or
223 procurement services, campaign signs, insurance, and other
224 expenditures that include multiple components as part of the
225 expenditure. The primary purpose of an expenditure shall be that
226 purpose, including integral and directly related components,
227 that comprises 80 percent of such expenditure.
228 Section 3. Subsections (1) and (2) and paragraph (a) of
229 subsection (3) of section 106.0703, Florida Statutes, are
230 amended to read:
231 106.0703 Electioneering communications organizations;
232 reporting requirements; certification and filing; penalties.—
233 (1)(a) Each electioneering communications organization
234 shall file regular reports of all contributions received and all
235 expenditures made by or on behalf of the organization. Except as
236 provided in paragraph (b) paragraphs (b) and (c), reports must
237 be filed on the 10th day following the end of each calendar
238 quarter month from the time the organization is registered.
239 However, if the 10th day following the end of a calendar quarter
240 month occurs on a Saturday, Sunday, or legal holiday, the report
241 must be filed on the next following day that is not a Saturday,
242 Sunday, or legal holiday. Quarterly Monthly reports must include
243 all contributions received and expenditures made during the
244 calendar quarter month that have not otherwise been reported
245 pursuant to this section.
246 (b) For an electioneering communications organization
247 required to file reports with the division, reports must be
248 filed:
249 1. On the 60th day immediately preceding the primary
250 election, and each week thereafter, with the last weekly report
251 being filed on the 4th day immediately preceding the general
252 election.
253 2. On the 10th day immediately preceding the general
254 election, and every day thereafter excluding the 4th day
255 immediately preceding the general election, with the last daily
256 report being filed the day before the general election.
257 (c) For An electioneering communications organization must
258 file reports required to file reports with a filing officer
259 other than the division, reports must be filed on the 32nd,
260 25th, 18th, 11th, and 4th days 60th day immediately preceding
261 the primary election, and on the 46th, 32nd, 25th, 18th, 11th,
262 and 4th days biweekly on each Friday thereafter through and
263 including the 4th day immediately preceding the general
264 election, with additional reports due on the 25th and 11th days
265 before the primary election and the general election.
266 (c)(d) When a special election is called to fill a vacancy
267 in office, all electioneering communications organizations
268 making contributions or expenditures to influence the results of
269 the special election shall file reports with the filing officer
270 on the dates set by the Department of State pursuant to s.
271 100.111.
272 (d)(e) In addition to the reports required by paragraph
273 (a), an electioneering communications organization that is
274 registered with the Department of State and that makes a
275 contribution or expenditure to influence the results of a county
276 or municipal election that is not being held at the same time as
277 a state or federal election must file reports with the county or
278 municipal filing officer on the same dates as county or
279 municipal candidates or committees for that election. The
280 electioneering communications organization must also include the
281 expenditure in the next report filed with the Division of
282 Elections pursuant to this section following the county or
283 municipal election.
284 (e)(f) The filing officer shall make available to each
285 electioneering communications organization a schedule
286 designating the beginning and end of reporting periods as well
287 as the corresponding designated due dates.
288 (2)(a) Except as provided in s. 106.0705, the reports
289 required of an electioneering communications organization shall
290 be filed with the filing officer not later than 5 p.m. of the
291 day designated. However, any report postmarked by the United
292 States Postal Service no later than midnight of the day
293 designated is deemed to have been filed in a timely manner. Any
294 report received by the filing officer within 5 days after the
295 designated due date that was delivered by the United States
296 Postal Service is deemed timely filed unless it has a postmark
297 that indicates that the report was mailed after the designated
298 due date. A certificate of mailing obtained from and dated by
299 the United States Postal Service at the time of mailing, or a
300 receipt from an established courier company, which bears a date
301 on or before the date on which the report is due, suffices as
302 proof of mailing in a timely manner. Reports other than daily
303 reports must contain information on all previously unreported
304 contributions received and expenditures made as of the preceding
305 Friday, except that the report filed on the Friday immediately
306 preceding the election must contain information on all
307 previously unreported contributions received and expenditures
308 made as of the day preceding the designated due date; daily
309 reports must contain information on all previously unreported
310 contributions received as of the preceding day. All such reports
311 are open to public inspection.
312 (b)1. Any report that is deemed to be incomplete by the
313 officer with whom the electioneering communications organization
314 files shall be accepted on a conditional basis. The treasurer of
315 the electioneering communications organization shall be
316 notified, by certified mail or other common carrier that can
317 establish proof of delivery for the notice, as to why the report
318 is incomplete. Within 7 days after receipt of such notice, the
319 treasurer must file an addendum to the report providing all
320 information necessary to complete the report in compliance with
321 this section. Failure to file a complete report after such
322 notice constitutes a violation of this chapter.
323 2. Notice is deemed sufficient upon proof of delivery of
324 written notice to the mailing or street address of the treasurer
325 or registered agent of the electioneering communication
326 organization on record with the filing officer.
327 (3)(a) Except for daily reports, to which only the
328 contribution provisions below apply, Each report required by
329 this section must contain:
330 1. The full name, address, and occupation, if any, of each
331 person who has made one or more contributions to or for such
332 electioneering communications organization within the reporting
333 period, together with the amount and date of such contributions.
334 For corporations, the report must provide as clear a description
335 as practicable of the principal type of business conducted by
336 the corporation. However, if the contribution is $100 or less,
337 the occupation of the contributor or the principal type of
338 business need not be listed.
339 2. The name and address of each political committee from
340 which or to which the reporting electioneering communications
341 organization made any transfer of funds, together with the
342 amounts and dates of all transfers.
343 3. Each loan for electioneering communication purposes to
344 or from any person or political committee within the reporting
345 period, together with the full names, addresses, and occupations
346 and principal places of business, if any, of the lender and
347 endorsers, if any, and the date and amount of such loans.
348 3.4. A statement of each contribution, rebate, refund, or
349 other receipt not otherwise listed under subparagraph 1. or
350 subparagraph 2. subparagraphs 1.-3.
351 4.5. The total sums of all loans, in-kind contributions,
352 and other receipts by or for such electioneering communications
353 organization during the reporting period. The reporting forms
354 shall be designed to elicit separate totals for in-kind
355 contributions, loans, and other receipts.
356 5.6. The full name and address of each person to whom
357 expenditures have been made by or on behalf of the
358 electioneering communications organization within the reporting
359 period and the amount, date, and purpose of each expenditure.
360 6.7. The full name and address of each person to whom an
361 expenditure for personal services, salary, or reimbursement for
362 expenses has been made and that is not otherwise reported,
363 including the amount, date, and purpose of the expenditure.
364 7.8. The total sum of expenditures made by the
365 electioneering communications organization during the reporting
366 period.
367 8.9. The amount and nature of debts and obligations owed by
368 or to the electioneering communications organization that relate
369 to the conduct of any electioneering communication.
370 9.10. Transaction information for each credit card
371 purchase. Receipts for each credit card purchase shall be
372 retained by the electioneering communications organization.
373 10.11. The amount and nature of any separate interest
374 bearing accounts or certificates of deposit and identification
375 of the financial institution in which such accounts or
376 certificates of deposit are located.
377 11.12. The primary purposes of an expenditure made
378 indirectly through an electioneering communications organization
379 for goods and services, such as communications media placement
380 or procurement services and other expenditures that include
381 multiple components as part of the expenditure. The primary
382 purpose of an expenditure shall be that purpose, including
383 integral and directly related components, that comprises 80
384 percent of such expenditure.
385 Section 4. Section 106.38, Florida Statutes, is created to
386 read:
387 106.38 Transfer of political committee and electioneering
388 communications organization funds.—A political committee or an
389 electioneering communications organization may not transfer
390 funds to another political committee or electioneering
391 communications organization, a political party, or an affiliated
392 party committee.
393 Section 5. Final monthly campaign finance reports for
394 December 2020 filed by candidates, political committees, and
395 electioneering communications organizations pursuant to present
396 ss. 106.07(1) and 106.0703(1), Florida Statutes, respectively,
397 are due on Monday, January 11, 2021.
398 Section 6. This act shall take effect January 1, 2021.
