Florida 2022 Regular Session

Florida House Bill H1359 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1359 2022
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to campaign finance; amending s. 2
16	16	106.03, F.S.; requiring that certain political 3
17	17	committees dissolve and, within a certain period, 4
18	18	dispose of certain funds in a specified manner; 5
19	19	providing that certain transfers of funds are not 6
20	20	contributions or expenditures for certain purposes; 7
21	21	amending s. 106.08, F.S.; revising the maximum 8
22	22	contribution amount that a person or political 9
23	23	committee may make to a candidate for legislative 10
24	24	office; prohibiting the Governor, the Lieutenant 11
25	25	Governor, a member of the Cabinet, or a member of the 12
26	26	Legislature from soliciting or accepting contributions 13
27	27	during certain periods on behalf of certain persons; 14
28	28	providing penalties; amending s. 106.141, F.S.; 15
29	29	requiring a political committee that is dissolved to 16
30	30	dispose of certain funds and file a certain report 17
31	31	within a specified period; requiring a political 18
32	32	committee to dispose of certain funds by certain 19
33	33	means; providing reporti ng requirements; providing an 20
34	34	effective date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
37	37	24
38	38	Section 1. Subsections (6) and (7) of section 106.03, 25
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47	47	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
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51	51	Florida Statutes, are renumbered as subsections (7) and (8), 26
52	52	respectively, paragraph (j) of subsection (2) is amended, and 27
53	53	new subsection (6) is added to that section, to read: 28
54	54	106.03 Registration of political committees and 29
55	55	electioneering communications organizations. — 30
56	56	(2) The statement of organization shall include: 31
57	57	(j) For an electioneering communications organization, 32
58	58	plans for the disposition of residual funds which will be made 33
59	59	in the event of dissolution; 34
60	60	(6) A committee that during a 24 -month period does not 35
61	61	receive contributions or make expenditures in an aggregate 36
62	62	amount exceeding $5,000 is immediately dissolved and, within 90 37
63	63	days after such dissolution, shall dispose of all residual funds 38
64	64	in accordance with s. 106.141(4). For purposes of this 39
65	65	subsection, a transfer of funds to or from another political 40
66	66	committee or an electi oneering communications organization is 41
67	67	not a contribution or expenditure. 42
68	68	Section 2. Subsections (7) through (10) of section 106.08, 43
69	69	Florida Statutes, are renumbered as subsections (8) through 44
70	70	(11), respectively, paragraph (a) of subsection (1) and pr esent 45
71	71	subsections (7) and (8) are amended, and new subsection (7) is 46
72	72	added to that section, to read: 47
73	73	106.08 Contributions; limitations on. — 48
74	74	(1)(a) Except for political parties or affiliated party 49
75	75	committees, no person or political committee may, in any 50
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84	84	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
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88	88	election, make contributions in excess of the following amounts: 51
89	89	1. To a candidate for statewide office ; a candidate for 52
90	90	legislative office; a candidate or for retention as a justice of 53
91	91	the Supreme Court; or to a political committee that is the 54
92	92	sponsor of or is in opposition to a constitutional amendment 55
93	93	proposed by initiative, $3,000. However, the limitation on 56
94	94	contributions to such political committees no longer applies 57
95	95	once the Secretary of State has issued a certificate of ballot 58
96	96	position and a desig nating number for the proposed amendment 59
97	97	that the political committee is sponsoring or opposing. 60
98	98	Candidates for the offices of Governor and Lieutenant Governor 61
99	99	on the same ticket are considered a single candidate for the 62
100	100	purpose of this section. 63
101	101	2. To a candidate for retention as a judge of a district 64
102	102	court of appeal; a candidate for legislative office; a candidate 65
103	103	for multicounty office; a candidate for countywide office or in 66
104	104	any election conducted on less than a countywide basis; or a 67
105	105	candidate for county court judge or circuit judge, $1,000. 68
106	106	(7)(a) The Governor, the Lieutenant Governor, or a member 69
107	107	of the Cabinet may contribute to his or her own campaign but may 70
108	108	not solicit or accept a contribution during the 60 -day regular 71
109	109	legislative session and an y extension thereof or a special 72
110	110	legislative session: 73
111	111	1. On his or her own behalf. 74
112	112	2. On behalf of any organization with respect to which his 75
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121	121	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
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125	125	or her solicitation is regulated under s. 106.0701. 76
126	126	3. On behalf of a candidate for legislative office or a 77
127	127	candidate for the office of Governor, Lieutenant Governor, 78
128	128	Attorney General, Chief Financial Officer, or Commissioner of 79
129	129	Agriculture. 80
130	130	(b) A member of the Legislature may contribute to his or 81
131	131	her own campaign but may not solicit or accept a campaign 82
132	132	contribution for a campaign for state, district, county, or 83
133	133	municipal office during the 60 -day regular legislative session 84
134	134	and any extension thereof, a special legislative session, or the 85
135	135	business days of any week in which a legislative committee or 86
136	136	subcommittee is authorized to hold meetings and conduct 87
137	137	legislative business: 88
138	138	1. On his or her own behalf. 89
139	139	2. On behalf of a political party. 90
140	140	3. On behalf of any organization with respect to which his 91
141	141	or her solicitation is regulated under s. 106.0701. 92
142	142	4. On behalf of a candidate for legislative office. 93
143	143	(8)(a)(7)(a) Any person who knowingly and willfully makes 94
144	144	or accepts no more than one contribution in violation of 95
145	145	subsection (1), or subsection (5), or subsection (7), or any 96
146	146	person who knowingly and willful ly fails or refuses to return 97
147	147	any contribution as required in subsection (3), commits a 98
148	148	misdemeanor of the first degree, punishable as provided in s. 99
149	149	775.082 or s. 775.083. If any corporation, partnership, or other 100
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158	158	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
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162	162	business entity or any political party, a ffiliated party 101
163	163	committee, political committee, or electioneering communications 102
164	164	organization is convicted of knowingly and willfully violating 103
165	165	any provision punishable under this paragraph, it shall be fined 104
166	166	not less than $1,000 and not more than $10,000. If it is a 105
167	167	domestic entity, it may be ordered dissolved by a court of 106
168	168	competent jurisdiction; if it is a foreign or nonresident 107
169	169	business entity, its right to do business in this state may be 108
170	170	forfeited. Any officer, partner, agent, attorney, or other 109
171	171	representative of a corporation, partnership, or other business 110
172	172	entity, or of a political party, affiliated party committee, 111
173	173	political committee, electioneering communications organization, 112
174	174	or organization exempt from taxation under s. 527 or s. 113
175	175	501(c)(4) of the Internal Revenue Code, who aids, abets, 114
176	176	advises, or participates in a violation of any provision 115
177	177	punishable under this paragraph commits a misdemeanor of the 116
178	178	first degree, punishable as provided in s. 775.082 or s. 117
179	179	775.083. 118
180	180	(b) Any person who knowingly and willfully makes or 119
181	181	accepts two or more contributions in violation of subsection 120
182	182	(1), or subsection (5), or subsection (7) commits a felony of 121
183	183	the third degree, punishable as provided in s. 775.082, s. 122
184	184	775.083, or s. 775.084. If any corporation, partne rship, or 123
185	185	other business entity or any political party, affiliated party 124
186	186	committee, political committee, or electioneering communications 125
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195	195	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
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199	199	organization is convicted of knowingly and willfully violating 126
200	200	any provision punishable under this paragraph, it shall be fined 127
201	201	not less than $10,000 and not more than $50,000. If it is a 128
202	202	domestic entity, it may be ordered dissolved by a court of 129
203	203	competent jurisdiction; if it is a foreign or nonresident 130
204	204	business entity, its right to do business in this state may be 131
205	205	forfeited. Any officer, partner, agent, attorney, or other 132
206	206	representative of a corporation, partnership, or other business 133
207	207	entity, or of a political committee, political party, affiliated 134
208	208	party committee, or electioneering communications organization, 135
209	209	or organization exempt from taxation under s. 527 or s. 136
210	210	501(c)(4) of the Internal Revenue Code, who aids, abets, 137
211	211	advises, or participates in a violation of any provision 138
212	212	punishable under this paragraph commits a felony of the third 139
213	213	degree, punishable as provided in s. 775.082, s. 775.083, or s. 140
214	214	775.084. 141
215	215	(9)(8) Except when otherwise provided in subsection 142
216	216	(8)(7), any person who knowingly and willfully violates any 143
217	217	provision of this section shall, in addition to any other 144
218	218	penalty prescribed by this chapter, pay to th e state a sum equal 145
219	219	to twice the amount contributed in violation of this chapter. 146
220	220	Each campaign treasurer shall pay all amounts contributed in 147
221	221	violation of this section to the state for deposit in the 148
222	222	General Revenue Fund. 149
223	223	Section 3. Subsection (1), pa ragraph (a) of subsection 150
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232	232	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
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236	236	(4), and paragraph (a) of subsection (8) of section 106.141, 151
237	237	Florida Statutes, are amended to read: 152
238	238	106.141 Disposition of surplus funds by candidates and 153
239	239	political committees .— 154
240	240	(1)(a) Except as provided in subsection (6), eac h 155
241	241	candidate who withdraws his or her candidacy, becomes an 156
242	242	unopposed candidate, or is eliminated as a candidate or elected 157
243	243	to office shall, within 90 days, dispose of the funds on deposit 158
244	244	in his or her campaign account and file a report reflecting the 159
245	245	disposition of all remaining funds. Such candidate may not 160
246	246	accept any contributions, nor may any person accept 161
247	247	contributions on behalf of such candidate, after the candidate 162
248	248	withdraws his or her candidacy, becomes unopposed, or is 163
249	249	eliminated or elected. Howeve r, if a candidate receives a refund 164
250	250	check after all surplus funds have been disposed of, the check 165
251	251	may be endorsed by the candidate and the refund disposed of 166
252	252	under this section. An amended report must be filed showing the 167
253	253	refund and subsequent disposition . 168
254	254	(b) Each political committee that is dissolved shall, 169
255	255	within 90 days after such dissolution, dispose of all residual 170
256	256	funds and file a report reflecting the disposition of such 171
257	257	funds. 172
258	258	(4)(a) Except as provided in paragraph (b), any candidate 173
259	259	or political committee required to dispose of funds pursuant to 174
260	260	this section shall, at the option of the candidate or political 175
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269	269	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
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273	273	committee, dispose of such funds by any of the following means, 176
274	274	or any combination thereof: 177
275	275	1. Return pro rata to each contributor the funds that have 178
276	276	not been spent or obligated. 179
277	277	2. Donate the funds that have not been spent or obligated 180
278	278	to a charitable organization or organizations that meet the 181
279	279	qualifications of s. 501(c)(3) of the Internal Revenue Code, 182
280	280	except that a the candidate may not be employed by the 183
281	281	charitable organization to which he or she donates the funds. 184
282	282	3. For a candidate, give not more than $25,000 of the 185
283	283	funds that have not been spent or obligated to the affiliated 186
284	284	party committee or political party of which such ca ndidate is a 187
285	285	member. 188
286	286	4. Give the funds that have not been spent or obligated: 189
287	287	a. To the state, to be deposited in either the Election 190
288	288	Campaign Financing Trust Fund or the General Revenue Fund , as 191
289	289	designated by the candidate ; or 192
290	290	b. To a political subd ivision, to be deposited in the 193
291	291	general fund thereof. 194
292	292	(8)(a) Any candidate or political committee required to 195
293	293	dispose of campaign funds pursuant to this section shall do so 196
294	294	within the time required by this section and, on or before the 197
295	295	date by which such disposition is to have been made, shall file 198
296	296	with the officer with whom reports are required to be filed 199
297	297	pursuant to s. 106.07 a form prescribed by the Division of 200
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306	306	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
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310	310	Elections listing: 201
311	311	1. The name and address of each person or unit of 202
312	312	government to whom a ny of the funds were distributed and the 203
313	313	amounts thereof; 204
314	314	2. The name and address of each person to whom an 205
315	315	expenditure was made, together with the amount thereof and 206
316	316	purpose therefor; 207
317	317	3. For a candidate, the amount of such funds transferred 208
318	318	to an office account by the candidate, together with the name 209
319	319	and address of the bank, savings and loan association, or credit 210
320	320	union in which the office account is located; and 211
321	321	4. For a candidate, the amount of such funds retained 212
322	322	pursuant to subsection (6), together with the name and address 213
323	323	of the bank, savings and loan association, or credit union in 214
324	324	which the retained funds are located. 215
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326	326	Such report shall be signed by the candidate and the campaign 217
327	327	treasurer, in the case of a candidate, or by the campaign 218
328	328	treasurer, in the case of a political committee, and certified 219
329	329	as true and correct pursuant to s. 106.07. 220
330	330	Section 4. This act shall take effect July 1, 2022. 221