Florida Senate - 2020 SB 1108 By Senator Baxley 12-01600-20 20201108__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. 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 Sections 106.30, 106.31, 106.32, 106.33, 106.34, 15 106.35, 106.353, 106.355, and 106.36, Florida Statutes, are 16 repealed. 17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 election 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 designate a primary campaign depository before qualifying 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

Florida Senate - 2020 SB 1108 12-01600-20 20201108__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. 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 return 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 a different office, the contributor notifies 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 contribution 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

Florida Senate - 2020 SB 1108 12-01600-20 20201108__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. period for the newly designated office, provided the candidate 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 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 any combination thereof: 86 (a)1. Return pro rata to each contributor the funds that 87

Florida Senate - 2020 SB 1108 12-01600-20 20201108__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. 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. 92 (c)3. Give not more than $25,000 of the funds that have not 93 been spent or obligated to the affiliated party committee or 94 political party of which such candidate is a member. 95 (d)4. Give the funds that have not been spent or obligated: 96 1.a.

In the case of a candidate for state office, to the 97 state, to be deposited in either the Election Campaign Financing 98 Trust Fund or the General Revenue Fund, as designated by the 99 candidate; or 100 2.b. In the case of a candidate for an office of a 101 political subdivision, to such political subdivision, to be 102 deposited in the general fund thereof. 103 (

b) Any candidate required to dispose of funds pursuant to 104 this

section who has received contributions pursuant to the 105 Florida Election Campaign Financing Act shall, after all 106 monetary commitments pursuant to s. 106.11(5)(

b) and (

c) have 107 been met, return all surplus campaign funds to the General 108 Revenue Fund. 109

Section 4. Subsection (6) of

section 106.22, Florida 110 Statutes, is amended to read: 111 106.22 Duties of the Division of Elections.—It is the duty 112 of the Division of Elections to: 113

(6) Make, from time to time, audits and field 114 investigations with respect to reports and statements filed 115 under the provisions of this

chapter and with respect to alleged 116

Florida Senate - 2020 SB 1108 12-01600-20 20201108__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. failures to file any report or statement required under the 117 provisions of this chapter. The division shall conduct a 118 postelection audit of the campaign accounts of all candidates 119 receiving contributions from the Election Campaign Financing 120 Trust Fund. 121

Section 5. Subsection (11) of

section 328.72, Florida 122 Statutes, is amended to read: 123 328.72 Classification; registration; fees and charges; 124 surcharge; disposition of fees; fines; marine turtle stickers.— 125

(11) VOLUNTARY CONTRIBUTIONS.—The application form for boat 126 registration shall include a provision to allow each applicant 127 to indicate a desire to pay an additional voluntary contribution 128 to the Save the Manatee Trust Fund to be used for the purposes 129 specified in s. 379.2431(4). This contribution shall be in 130 addition to all other fees and charges. The amount of the 131 request for a voluntary contribution solicited shall be $2 or $5 132 per registrant.

A registrant who provides a voluntary 133 contribution of $5 or more shall be given a sticker or emblem by 134 the tax collector to display, which signifies support for the 135 Save the Manatee Trust Fund. All voluntary contributions shall 136 be deposited in the Save the Manatee Trust Fund and shall be 137 used for the purposes specified in s. 379.2431(4). The form 138 shall also include language permitting a voluntary contribution 139 of $5 per applicant, which contribution shall be transferred 140 into the Election Campaign Financing Trust Fund.

A statement 141 providing an explanation of the purpose of the trust fund shall 142 also be included. 143

Section 6. This act shall take effect on the effective date 144 of SJR __, or a similar joint resolution having substantially 145

Florida Senate - 2020 SB 1108 12-01600-20 20201108__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. the same specific intent and purpose, if that joint resolution 146 is approved by the electors at the general election to be held 147 in November 2020, or at an earlier special election specifically 148 authorized by law for that purpose. 149