The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Ethics and Elections
BILL: SB 1352
INTRODUCER: Senator Brodeur
SUBJECT: Limitations on Political Contributions
DATE: January 27, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rey Roberts EE Pre-meeting
2. JU
3. RC
I. Summary:
SB 1352 defines the term “foreign national” and prohibits a “foreign national” from making a
contribution, directly or indirectly, in connection with any election held in the state.
The bill will take effect on July 1, 2022.
II. Present Situation:
Since Buckley v. Valeo,
1
the constitutionality of campaign-finance laws regarding the activities
of American citizens relied on how well they serve the government’s interest in limiting “the
actuality and appearance of corruption.”
2
Alternatively, restrictions on foreign-national
involvement in American politics serve a different governmental interest: “preventing foreign
influence over the U.S. political process.”
3
The Federal Election Campaign Act of 1971 (“Act”)
4
prohibits any “foreign national” from
directly or indirectly making a contribution or donation of money or other thing of value, or an
expenditure, or disbursement, in connection with a federal, state, or local election.
5
Under the
Act, a “foreign national” is defined as an individual who is not a citizen or national of the United
States and who is not lawfully admitted for permanent residence, as well as a “foreign principal”
as defined at 22. U.S.C. § 611(b), which includes a “partnership, association, corporation,
1
424 U.S. 1 (1976).
2
Id. at 26.
3
Bluman v. Fed. Election Comm’n, 800 F. Supp. 2d 281, 288 (D.D.C. 2011), aff’d, 565 U.S. 1104 (2012).
4
FECA, Pub. L. 92-225, 86 Stat.
5
52 U.S.C. § 30121(a)(1); 11 C.F.R. § 110.20(b), (c), (e), (f).
REVISED: BILL: SB 1352 Page 2
organization, or other combination of persons organized under the laws of or having its principal
place of a business in a foreign country.”
6
The Act defines “election” to mean “a general, special, primary, or runoff election” as well as “a
convention or caucus of a political party which has authority to nominate a candidate.”
7
Florida
Statutes define “election” to mean “any primary election, special primary election, special
election, general election, or presidential preference primary election.”
8
III. Effect of Proposed Changes:
SB 1352 defines “foreign national” to mean:
a) A foreign government;
b) A foreign political party;
c) A foreign corporation, partnership, association, organization, or other combination of
persons organized under the laws of or having its principal place of business in a foreign
country;
d) A person with foreign citizenship; or
e) A person who is not a citizen or national of the United States and is not lawfully
admitted to the United States for permanent residence.
Under SB 1352, the term “foreign national” includes foreign governments and foreign political
parties, which are not included in the federal definition of “foreign national”.
9
SB 1352 incorporates into Florida Statutes the federal prohibition against a foreign national
making or offering to make, directly or indirectly, a contribution or an expenditure in connection
with any election held in the state.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
6
52 U.S.C. § 30121(b); 22 U.S.C. § 611(b)(3); see also 11 C.F.R. § 110.20(a)(3).
7
52 U.S.C. § 30101(1); The Federal Election Commission ruled that under the Act, the term “election” does not encompass
state and local ballot issues, allowing political donations by foreign nationals to a domestic ballot initiative committee. .
MUR 7523 (Stop I-186 to Protect Mining and Jobs, et al.)(2021).
8
Section 97.021(13), F.S.
9
52 U.S.C. § 30121(b). BILL: SB 1352 Page 3
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The U.S. Supreme Court has upheld statutes barring foreign nationals from activities
“intimately related to the process of democratic self-government.”
10
Barring foreign
nationals from participation in democratic political institution upholds a State’s
obligation to “preserve the basic conception of a political community.”
11
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
It is unclear if a dual national of the United States and a foreign country would be included in the
definition of “foreign national” under SB 1312.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 106.08.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
10
Bernal v. Fainter, 467 U.S. 216, 220 (1984).
11
Foley v. Connelie, 435 U.S. 291 at 295 – 96 (1978). BILL: SB 1352 Page 4
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.