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