Florida 2023 Regular Session

Florida House Bill H1187 Compare Versions

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

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3	3	HB 1187 2023
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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; creating s. 2
16	16	106.38, F.S.; prohibiting a political committee from 3
17	17	transferring funds to another political committee; 4
18	18	amending s. 106.011, F.S.; revising the definition of 5
19	19	the term "contribution" to conform to changes made by 6
20	20	the act; amending s. 106.07, F.S.; conforming 7
21	21	provisions to changes made by the act; providing an 8
22	22	effective date. 9
23	23	10
24	24	Be It Enacted by the Legislature of t he State of Florida: 11
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26	26	Section 1. Section 106.38, Florida Statutes, is created to 13
27	27	read: 14
28	28	106.38 Transfer of political committee funds. —A political 15
29	29	committee may not transfer funds to another political committee. 16
30	30	Section 2. Subsection (5) of section 106.011, Florida 17
31	31	Statutes, is amended to read: 18
32	32	106.011 Definitions. —As used in this chapter, the 19
33	33	following terms have the following meanings unless the context 20
34	34	clearly indicates otherwise: 21
35	35	(5) "Contribution" means: 22
36	36	(a) A gift, subscription, conveyan ce, deposit, loan, 23
37	37	payment, or distribution of money or anything of value, 24
38	38	including contributions in kind having an attributable monetary 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	value in any form, made for the purpose of influencing the 26
52	52	results of an election or making an electioneering 27
53	53	communication. 28
54	54	(b) A transfer of funds between political committees, 29
55	55	between electioneering communications organizations or between 30
56	56	an electioneering communications organization and a political 31
57	57	committee, or between any combination of these groups . 32
58	58	(c) The payment, by a person other than a candidate or 33
59	59	political committee, of compensation for the personal services 34
60	60	of another person which are rendered to a candidate or political 35
61	61	committee without charge to the candidate or committee for such 36
62	62	services. 37
63	63	(d) The transfer of funds by a campaign treasurer or 38
64	64	deputy campaign treasurer between a primary depository and a 39
65	65	separate interest-bearing account or certificate of deposit, and 40
66	66	the term includes interest earned on such account or 41
67	67	certificate. 42
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69	69	Notwithstanding the foregoing meanings of "contribution," the 44
70	70	term may not be construed to include services, including, but 45
71	71	not limited to, legal and accounting services, provided without 46
72	72	compensation by individuals volunteering a portion or all of 47
73	73	their time on behalf of a candidate or political committee or 48
74	74	editorial endorsements. 49
75	75	Section 3. Paragraph (a) of subsection (4) of section 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	106.07, Florida Statutes, is amended to read: 51
89	89	106.07 Reports; certification and filing. — 52
90	90	(4)(a) Except for daily reports, to which only the 53
91	91	contributions provisions below apply, and except as provided in 54
92	92	paragraph (b), each report required by this section must 55
93	93	contain: 56
94	94	1. The full name, address, and occupation, if any, of each 57
95	95	person who has made one or more contributions to or for such 58
96	96	committee or candidate within the reporting period, together 59
97	97	with the amount and date of such contributions. For 60
98	98	corporations, the report must provide as clear a description as 61
99	99	practicable of the principal type of business conducted by the 62
100	100	corporation. However, if the contribution is $100 or less or is 63
101	101	from a relative, as defined in s. 112.312, provided that the 64
102	102	relationship is reported, the occupation of the contributor or 65
103	103	the principal type of business need not be listed. 66
104	104	2. The name and address of each political committee from 67
105	105	which the reporting committee or the candidate received, or to 68
106	106	which the reporting committee or candidate made, any transfer of 69
107	107	funds, together with the amounts and dates of all transfers. 70
108	108	3. Each loan for campaign purposes to or from any person 71
109	109	or political committee within the reporting period, together 72
110	110	with the full names, addresses, and occupations, and principal 73
111	111	places of business, if any, of the lender and endorsers, if any, 74
112	112	and the date and amount of such loans. 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	4. A statement of each contribution, rebate, refund, or 76
126	126	other receipt not otherwise listed under subparagraphs 1. 77
127	127	through 3. 78
128	128	5. The total sums of all loans, in -kind contributions, and 79
129	129	other receipts by or for such committee or candidate during the 80
130	130	reporting period. The reporting forms must shall be designed to 81
131	131	elicit separate totals for in -kind contributions, loans, and 82
132	132	other receipts. 83
133	133	6. The full name and address of each person to whom 84
134	134	expenditures have been made by or on behalf of the committee or 85
135	135	candidate within the reporting period; the amount, date, and 86
136	136	purpose of each such expenditure; and the name and address of, 87
137	137	and office sought by, each candidate on whose behalf such 88
138	138	expenditure was made. However, expenditures made from the petty 89
139	139	cash fund provided by s. 106.12 need not be reported 90
140	140	individually. 91
141	141	7. The full name and address of each person to whom an 92
142	142	expenditure for personal services, salary, or reimbursement for 93
143	143	authorized expenses as provided in s. 106.021(3) has been made 94
144	144	and which is not othe rwise reported, including the amount, date, 95
145	145	and purpose of such expenditure. However, expenditures made from 96
146	146	the petty cash fund provided for in s. 106.12 need not be 97
147	147	reported individually. Receipts for reimbursement for authorized 98
148	148	expenditures must shall be retained by the treasurer along with 99
149	149	the records for the campaign account. 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	8. The total amount withdrawn and the total amount spent 101
163	163	for petty cash purposes pursuant to this chapter during the 102
164	164	reporting period. 103
165	165	9. The total sum of expenditures made b y such committee or 104
166	166	candidate during the reporting period. 105
167	167	10. The amount and nature of debts and obligations owed by 106
168	168	or to the committee or candidate, which relate to the conduct of 107
169	169	any political campaign. 108
170	170	11. Transaction information for each credit c ard purchase. 109
171	171	Receipts for each credit card purchase must shall be retained by 110
172	172	the treasurer with the records for the campaign account. 111
173	173	12. The amount and nature of any separate interest -bearing 112
174	174	accounts or certificates of deposit and identification of t he 113
175	175	financial institution in which such accounts or certificates of 114
176	176	deposit are located. 115
177	177	13. The primary purposes of an expenditure made indirectly 116
178	178	through a campaign treasurer pursuant to s. 106.021(3) for goods 117
179	179	and services such as communications media placement or 118
180	180	procurement services, campaign signs, insurance, and other 119
181	181	expenditures that include multiple components as part of the 120
182	182	expenditure. The primary purpose of an expenditure is shall be 121
183	183	that purpose, including integral and directly related 122
184	184	components, that comprises 80 percent of such expenditure. 123
185	185	Section 4. This act shall take effect July 1, 2023. 124