HB 7061 2024
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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; repealing ss. 2
106.30, 106.31, 106.32, 106.33, 106.34, 106.35, 3
106.353, 106.355, and 106.36, F.S., relating to the 4
Florida Election Campaign Financing Act; deleting 5
provisions governing the public funding of campaigns 6
for candidates for statewide office who agree to 7
certain expenditure limits; amending ss. 106.021, 8
106.141, 106.22, and 328.72, F.S.; conforming cross -9
references and provisions to changes made by the act; 10
providing a contingent effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Sections 106.30, 106.31, 106.32, 106.33, 15
106.34, 106.35, 106.353, 106.355, and 106.36, Florida Statutes, 16
are repealed. 17
Section 2. Paragraph (a) of subsection (1) of section 18
106.021, Florida Statutes, is amended to read: 19
106.021 Campaign treasurers; deputies; primary and 20
secondary depositories. — 21
(1)(a) Each candidate for nomination or electi on to office 22
and each political committee shall appoint a campaign treasurer. 23
Each person who seeks to qualify for nomination or election to, 24
or retention in, office shall appoint a campaign treasurer and 25
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designate a primary campaign depository before qual ifying for 26
office. Any person who seeks to qualify for election or 27
nomination to any office by means of the petitioning process 28
shall appoint a treasurer and designate a primary depository on 29
or before the date he or she obtains the petitions. At the same 30
time a candidate designates a campaign depository and appoints a 31
treasurer, the candidate shall also designate the office for 32
which he or she is a candidate. If the candidate is running for 33
an office that will be grouped on the ballot with two or more 34
similar offices to be filled at the same election, the candidate 35
must indicate for which group or district office he or she is 36
running. This subsection does not prohibit a candidate, at a 37
later date, from changing the designation of the office for 38
which he or she is a candidate. However, if a candidate changes 39
the designated office for which he or she is a candidate, the 40
candidate must notify all contributors in writing of the intent 41
to seek a different office and offer to return pro rata, upon 42
their request, those contributions given in support of the 43
original office sought. This notification shall be given within 44
15 days after the filing of the change of designation and shall 45
include a standard form developed by the Division of Elections 46
for requesting the ret urn of contributions. The notice 47
requirement does not apply to any change in a numerical 48
designation resulting solely from redistricting. If, within 30 49
days after being notified by the candidate of the intent to seek 50
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a different office, the contributor not ifies the candidate in 51
writing that the contributor wishes his or her contribution to 52
be returned, the candidate shall return the contribution, on a 53
pro rata basis, calculated as of the date the change of 54
designation is filed. Up to a maximum of the contri bution limits 55
specified in s. 106.08, a candidate who runs for an office other 56
than the office originally designated may use any contribution 57
that a donor does not request be returned within the 30 -day 58
period for the newly designated office, provided the c andidate 59
disposes of any amount exceeding the contribution limit pursuant 60
to the options in s. 106.11(5)(b) and (c) or s. 106.141(4)(a), 61
(b), or (d) s. 106.141(4)(a)1., 2., or 4. ; notwithstanding, the 62
full amount of the contribution for the original office shall 63
count toward the contribution limits specified in s. 106.08 for 64
the newly designated office. A person may not accept any 65
contribution or make any expenditure with a view to bringing 66
about his or her nomination, election, or retention in public 67
office, or authorize another to accept such contributions or 68
make such expenditure on the person's behalf, unless such person 69
has appointed a campaign treasurer and designated a primary 70
campaign depository. A candidate for an office voted upon 71
statewide may appoint not more than 15 deputy campaign 72
treasurers, and any other candidate or political committee may 73
appoint not more than 3 deputy campaign treasurers. The names 74
and addresses of the campaign treasurer and deputy campaign 75
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treasurers so appointed shall be filed with the officer before 76
whom such candidate is required to qualify or with whom such 77
political committee is required to register pursuant to s. 78
106.03. 79
Section 3. Subsection (4) of section 106.141, Florida 80
Statutes, is amended to read: 81
106.141 Disposition of surplus funds by candidates. — 82
(4)(a) Except as provided in paragraph (b), Any candidate 83
required to dispose of funds pursuant to this section shall, at 84
the option of the candidate, dispose of such funds by any of the 85
following means, or an y combination thereof: 86
(a)1. Return pro rata to each contributor the funds that 87
have not been spent or obligated. 88
(b)2. Donate the funds that have not been spent or 89
obligated to a charitable organization or organizations that 90
meet the qualifications of s. 501(c)(3) of the Internal Revenue 91
Code, except that the candidate may not be employed by the 92
charitable organization to which he or she donates the funds. 93
(c)3. Give not more than $25,000 of the funds that have 94
not been spent or obligated to the affi liated party committee or 95
political party of which such candidate is a member. 96
(d)4. Give the funds that have not been spent or 97
obligated: 98
1.a. To the state, to be deposited in either the Election 99
Campaign Financing Trust Fund or the General Revenue Fund , as 100
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designated by the candidate ; or 101
2.b. In the case of a candidate for an office of a 102
political subdivision, to such a political subdivision, to be 103
deposited in the general fund thereof. 104
(b) Any candidate required to dispose of funds pursuant to 105
this section who has received contributions pursuant to the 106
Florida Election Campaign Financing Act shall, after all 107
monetary commitments pursuant to s. 106.11(5)(b) and (c) have 108
been met, return all surplus campaign funds to the Gener al 109
Revenue Fund. 110
Section 4. Subsection (6) of section 106.22, Florida 111
Statutes, is amended to read: 112
106.22 Duties of the Division of Elections. —It is the duty 113
of the Division of Elections to: 114
(6) Make, from time to time, audits and field 115
investigations with respect to reports and statements filed 116
under the provisions of this chapter and with respect to alleged 117
failures to file any report or statement required under the 118
provisions of this chapter. The division shall conduct a 119
postelection audit of th e campaign accounts of all candidates 120
receiving contributions from the Election Campaign Financing 121
Trust Fund. 122
Section 5. Subsection (11) of section 328.72, Florida 123
Statutes, is amended to read: 124
328.72 Classification; registration; fees and charges; 125
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surcharge; disposition of fees; fines; marine turtle stickers. — 126
(11) VOLUNTARY CONTRIBUTIONS. —The application form for 127
boat registration shall include a provision to allow each 128
applicant to indicate a desire to pay an additional voluntary 129
contribution to the Save the Manatee Trust Fund to be used for 130
the purposes specified in s. 379.2431(4). This contribution 131
shall be in addition to all other fees and charges. The amount 132
of the request for a voluntary contribution solicited shall be 133
$2 or $5 per registran t. A registrant who provides a voluntary 134
contribution of $5 or more shall be given a sticker or emblem by 135
the tax collector to display, which signifies support for the 136
Save the Manatee Trust Fund. All voluntary contributions shall 137
be deposited in the Save the Manatee Trust Fund and shall be 138
used for the purposes specified in s. 379.2431(4). The form 139
shall also include language permitting a voluntary contribution 140
of $5 per applicant, which contribution shall be transferred 141
into the Election Campaign Financin g Trust Fund. A statement 142
providing an explanation of the purpose of the trust fund shall 143
also be included. 144
Section 6. This act shall take effect on the effective 145
date of the amendment to the State Constitution proposed by HJR 146
7059 or a similar joint r esolution having substantially the same 147
specific intent and purpose if such an amendment to the State 148
Constitution is approved by the electors at the next general 149
election or at an earlier special election specifically 150
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authorized by law for that purpose. 151