HB 1187 2023
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hb1187-00
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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; creating s. 2
106.38, F.S.; prohibiting a political committee from 3
transferring funds to another political committee; 4
amending s. 106.011, F.S.; revising the definition of 5
the term "contribution" to conform to changes made by 6
the act; amending s. 106.07, F.S.; conforming 7
provisions to changes made by the act; providing an 8
effective date. 9
10
Be It Enacted by the Legislature of t he State of Florida: 11
12
Section 1. Section 106.38, Florida Statutes, is created to 13
read: 14
106.38 Transfer of political committee funds. —A political 15
committee may not transfer funds to another political committee. 16
Section 2. Subsection (5) of section 106.011, Florida 17
Statutes, is amended to read: 18
106.011 Definitions. —As used in this chapter, the 19
following terms have the following meanings unless the context 20
clearly indicates otherwise: 21
(5) "Contribution" means: 22
(a) A gift, subscription, conveyan ce, deposit, loan, 23
payment, or distribution of money or anything of value, 24
including contributions in kind having an attributable monetary 25
HB 1187 2023
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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
value in any form, made for the purpose of influencing the 26
results of an election or making an electioneering 27
communication. 28
(b) A transfer of funds between political committees, 29
between electioneering communications organizations or between 30
an electioneering communications organization and a political 31
committee, or between any combination of these groups . 32
(c) The payment, by a person other than a candidate or 33
political committee, of compensation for the personal services 34
of another person which are rendered to a candidate or political 35
committee without charge to the candidate or committee for such 36
services. 37
(d) The transfer of funds by a campaign treasurer or 38
deputy campaign treasurer between a primary depository and a 39
separate interest-bearing account or certificate of deposit, and 40
the term includes interest earned on such account or 41
certificate. 42
43
Notwithstanding the foregoing meanings of "contribution," the 44
term may not be construed to include services, including, but 45
not limited to, legal and accounting services, provided without 46
compensation by individuals volunteering a portion or all of 47
their time on behalf of a candidate or political committee or 48
editorial endorsements. 49
Section 3. Paragraph (a) of subsection (4) of section 50
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106.07, Florida Statutes, is amended to read: 51
106.07 Reports; certification and filing. — 52
(4)(a) Except for daily reports, to which only the 53
contributions provisions below apply, and except as provided in 54
paragraph (b), each report required by this section must 55
contain: 56
1. The full name, address, and occupation, if any, of each 57
person who has made one or more contributions to or for such 58
committee or candidate within the reporting period, together 59
with the amount and date of such contributions. For 60
corporations, the report must provide as clear a description as 61
practicable of the principal type of business conducted by the 62
corporation. However, if the contribution is $100 or less or is 63
from a relative, as defined in s. 112.312, provided that the 64
relationship is reported, the occupation of the contributor or 65
the principal type of business need not be listed. 66
2. The name and address of each political committee from 67
which the reporting committee or the candidate received, or to 68
which the reporting committee or candidate made, any transfer of 69
funds, together with the amounts and dates of all transfers. 70
3. Each loan for campaign purposes to or from any person 71
or political committee within the reporting period, together 72
with the full names, addresses, and occupations, and principal 73
places of business, if any, of the lender and endorsers, if any, 74
and the date and amount of such loans. 75
HB 1187 2023
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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
4. A statement of each contribution, rebate, refund, or 76
other receipt not otherwise listed under subparagraphs 1. 77
through 3. 78
5. The total sums of all loans, in -kind contributions, and 79
other receipts by or for such committee or candidate during the 80
reporting period. The reporting forms must shall be designed to 81
elicit separate totals for in -kind contributions, loans, and 82
other receipts. 83
6. The full name and address of each person to whom 84
expenditures have been made by or on behalf of the committee or 85
candidate within the reporting period; the amount, date, and 86
purpose of each such expenditure; and the name and address of, 87
and office sought by, each candidate on whose behalf such 88
expenditure was made. However, expenditures made from the petty 89
cash fund provided by s. 106.12 need not be reported 90
individually. 91
7. The full name and address of each person to whom an 92
expenditure for personal services, salary, or reimbursement for 93
authorized expenses as provided in s. 106.021(3) has been made 94
and which is not othe rwise reported, including the amount, date, 95
and purpose of such expenditure. However, expenditures made from 96
the petty cash fund provided for in s. 106.12 need not be 97
reported individually. Receipts for reimbursement for authorized 98
expenditures must shall be retained by the treasurer along with 99
the records for the campaign account. 100
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8. The total amount withdrawn and the total amount spent 101
for petty cash purposes pursuant to this chapter during the 102
reporting period. 103
9. The total sum of expenditures made b y such committee or 104
candidate during the reporting period. 105
10. The amount and nature of debts and obligations owed by 106
or to the committee or candidate, which relate to the conduct of 107
any political campaign. 108
11. Transaction information for each credit c ard purchase. 109
Receipts for each credit card purchase must shall be retained by 110
the treasurer with the records for the campaign account. 111
12. The amount and nature of any separate interest -bearing 112
accounts or certificates of deposit and identification of t he 113
financial institution in which such accounts or certificates of 114
deposit are located. 115
13. The primary purposes of an expenditure made indirectly 116
through a campaign treasurer pursuant to s. 106.021(3) for goods 117
and services such as communications media placement or 118
procurement services, campaign signs, insurance, and other 119
expenditures that include multiple components as part of the 120
expenditure. The primary purpose of an expenditure is shall be 121
that purpose, including integral and directly related 122
components, that comprises 80 percent of such expenditure. 123
Section 4. This act shall take effect July 1, 2023. 124