Bill Text: FL S1108 | 2020 | Regular Session | Introduced

Bill Title: Campaign Finance

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-03-14 - Died in Judiciary [S1108 Detail]

Download: Florida-2020-S1108-Introduced.html
       Florida Senate - 2020                                    SB 1108
       By Senator Baxley
       12-01600-20                                           20201108__
    1                        A bill to be entitled                      
    2         An act relating to campaign finance; repealing ss.
    3         106.30, 106.31, 106.32, 106.33, 106.34, 106.35,
    4         106.353, 106.355, and 106.36, F.S., relating to the
    5         Florida Election Campaign Financing Act; deleting
    6         provisions governing the public funding of campaigns
    7         for candidates for statewide office who agree to
    8         certain expenditure limits; amending ss. 106.021,
    9         106.141, 106.22, and 328.72, F.S.; conforming cross
   10         references and provisions to changes made by the act;
   11         providing a contingent effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Sections 106.30, 106.31, 106.32, 106.33, 106.34,
   16  106.35, 106.353, 106.355, and 106.36, Florida Statutes, are
   17  repealed.
   18         Section 2. Paragraph (a) of subsection (1) of section
   19  106.021, Florida Statutes, is amended to read:
   20         106.021 Campaign treasurers; deputies; primary and
   21  secondary depositories.—
   22         (1)(a) Each candidate for nomination or election to office
   23  and each political committee shall appoint a campaign treasurer.
   24  Each person who seeks to qualify for nomination or election to,
   25  or retention in, office shall appoint a campaign treasurer and
   26  designate a primary campaign depository before qualifying for
   27  office. Any person who seeks to qualify for election or
   28  nomination to any office by means of the petitioning process
   29  shall appoint a treasurer and designate a primary depository on
   30  or before the date he or she obtains the petitions. At the same
   31  time a candidate designates a campaign depository and appoints a
   32  treasurer, the candidate shall also designate the office for
   33  which he or she is a candidate. If the candidate is running for
   34  an office that will be grouped on the ballot with two or more
   35  similar offices to be filled at the same election, the candidate
   36  must indicate for which group or district office he or she is
   37  running. This subsection does not prohibit a candidate, at a
   38  later date, from changing the designation of the office for
   39  which he or she is a candidate. However, if a candidate changes
   40  the designated office for which he or she is a candidate, the
   41  candidate must notify all contributors in writing of the intent
   42  to seek a different office and offer to return pro rata, upon
   43  their request, those contributions given in support of the
   44  original office sought. This notification shall be given within
   45  15 days after the filing of the change of designation and shall
   46  include a standard form developed by the Division of Elections
   47  for requesting the return of contributions. The notice
   48  requirement does not apply to any change in a numerical
   49  designation resulting solely from redistricting. If, within 30
   50  days after being notified by the candidate of the intent to seek
   51  a different office, the contributor notifies the candidate in
   52  writing that the contributor wishes his or her contribution to
   53  be returned, the candidate shall return the contribution, on a
   54  pro rata basis, calculated as of the date the change of
   55  designation is filed. Up to a maximum of the contribution limits
   56  specified in s. 106.08, a candidate who runs for an office other
   57  than the office originally designated may use any contribution
   58  that a donor does not request be returned within the 30-day
   59  period for the newly designated office, provided the candidate
   60  disposes of any amount exceeding the contribution limit pursuant
   61  to the options in s. 106.11(5)(b) and (c) or s. 106.141(4)(a),
   62  (b), or (d) s. 106.141(4)(a)1., 2., or 4.; notwithstanding, the
   63  full amount of the contribution for the original office shall
   64  count toward the contribution limits specified in s. 106.08 for
   65  the newly designated office. A person may not accept any
   66  contribution or make any expenditure with a view to bringing
   67  about his or her nomination, election, or retention in public
   68  office, or authorize another to accept such contributions or
   69  make such expenditure on the person’s behalf, unless such person
   70  has appointed a campaign treasurer and designated a primary
   71  campaign depository. A candidate for an office voted upon
   72  statewide may appoint not more than 15 deputy campaign
   73  treasurers, and any other candidate or political committee may
   74  appoint not more than 3 deputy campaign treasurers. The names
   75  and addresses of the campaign treasurer and deputy campaign
   76  treasurers so appointed shall be filed with the officer before
   77  whom such candidate is required to qualify or with whom such
   78  political committee is required to register pursuant to s.
   79  106.03.
   80         Section 3. Subsection (4) of section 106.141, Florida
   81  Statutes, is amended to read:
   82         106.141 Disposition of surplus funds by candidates.—
   83         (4)(a)Except as provided in paragraph (b), Any candidate
   84  required to dispose of funds pursuant to this section shall, at
   85  the option of the candidate, dispose of such funds by any of the
   86  following means, or any combination thereof:
   87         (a)1. Return pro rata to each contributor the funds that
   88  have not been spent or obligated.
   89         (b)2. Donate the funds that have not been spent or
   90  obligated to a charitable organization or organizations that
   91  meet the qualifications of s. 501(c)(3) of the Internal Revenue
   92  Code.
   93         (c)3. Give not more than $25,000 of the funds that have not
   94  been spent or obligated to the affiliated 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 obligated:
   97         1.a. In the case of a candidate for state office, to the
   98  state, to be deposited in either the Election Campaign Financing
   99  Trust Fund or the General Revenue Fund, as designated by the
  100  candidate; or
  101         2.b. In the case of a candidate for an office of a
  102  political subdivision, to such 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 General
  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 the 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  surcharge; disposition of fees; fines; marine turtle stickers.—
  126         (11) VOLUNTARY CONTRIBUTIONS.—The application form for boat
  127  registration shall include a provision to allow each applicant
  128  to indicate a desire to pay an additional voluntary contribution
  129  to the Save the Manatee Trust Fund to be used for the purposes
  130  specified in s. 379.2431(4). This contribution shall be in
  131  addition to all other fees and charges. The amount of the
  132  request for a voluntary contribution solicited shall be $2 or $5
  133  per registrant. 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 Financing 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 date
  145  of SJR __, or a similar joint resolution having substantially
  146  the same specific intent and purpose, if that joint resolution
  147  is approved by the electors at the general election to be held
  148  in November 2020, or at an earlier special election specifically
  149  authorized by law for that purpose.