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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 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 Sections 106.30, 106.31, 106.32, 106.33, 106.34, 16 106.35, 106.353, 106.355, and 106.36, Florida Statutes, are 17 repealed. 18 Section 2.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.