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 Rules
BILL: CS/SB 1352
INTRODUCER: Ethics and Elections Committee, and Senator Brodeur
SUBJECT: Limitations on Political Contributions
DATE: February 21, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rey Roberts EE Fav/CS
2. Rey Phelps RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1352 defines the term “foreign national” and prohibits a “foreign national” from making a
contribution or expenditure, directly or indirectly, in connection with any election held in the
state. The term “foreign national” does not include a person who is a dual citizen of the United
States and a foreign country.
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
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.
REVISED: 02/01/22 BILL: CS/SB 1352 Page 2
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,
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
has a broader definition of the term “election” in reference to campaign financing. Under Ch.
106, F.S., “election” is defined to mean “a primary election, special primary election, general
election, special election, or municipal election held in this state for the purpose of nominating or
electing candidates to public office, choosing delegates to the national nominating conventions
of political parties, selecting a member of a political party executive committee, or submitting an
issue to the electors for their approval or rejection.”
8
III. Effect of Proposed Changes:
The bill 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.
The bill 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.
The term “foreign national” does not include a person who is a dual citizen of the United States
and a foreign country.
Under the bill, the term “foreign national” includes foreign governments and foreign political
parties, which are not included in the federal definition of “foreign national”.
9
5
52 U.S.C. § 30121(a)(1); 11 C.F.R. § 110.20(b), (c), (e), (f).
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 106.011(7), F.S.
9
52 U.S.C. § 30121(b). BILL: CS/SB 1352 Page 3
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
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:
None.
VII. Related Issues:
None.
10
Bernal v. Fainter, 467 U.S. 216, 220 (1984).
11
Foley v. Connelie, 435 U.S. 291 at 295 – 96 (1978). BILL: CS/SB 1352 Page 4
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 106.08.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Ethics and Elections on February 1, 2022:
The CS clarifies that individuals who are dual citizens of the United States and a
foreign country will not be considered foreign nationals for the purposes of campaign
contributions.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.