Title: Electioneering Communications Organizations

Summary: Revising the expenditure level at which groups engaged in electioneering communications must file a statement of organization with specified entities within a specified timeframe; requiring electioneering communications organizations to include certain information in their statements of organization, etc.

Full Text:
An act relating to electioneering communications organizations; amending s. 106.011, F.S.; revising the definition of the term  electioneering communication ; amending s. 106.03, F.S.; revising the expenditure level at which groups engaged in electioneering communications must file a statement of organization with specified entities within a specified timeframe; requiring electioneering communications organizations to include certain information in their statements of organization; providing for civil penalties for late filings; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (8) of section 106.011, Florida Statutes, is amended to read: 106.011 Definitions. As used in this chapter, the following terms have the following meanings unless the context clearly indicates otherwise: (8)(a) Electioneering communication  means a text message or communication that is publicly distributed by a television station, radio station, cable television system, satellite system, newspaper, magazine, direct mail, or telephone which: 1. Refers to or depicts a clearly identified candidate for office without expressly advocating the election or defeat of a candidate but that is susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate; 2. Is made after the close of the qualifying period within days before a primary or special primary election or days before any other election for the office sought by the candidate; and 3. Is targeted to the relevant electorate in the geographic area the candidate would represent if elected. Section 2. Present subsection (7) of section 106.03, Florida Statutes, is redesignated as subsection (8), a new subsection (7) is added to that section, and paragraph (b) of subsection (1) and subsection (2) of that section are amended, to read: 106.03 Registration of political committees and electioneering communications organizations.  (1) (b)1. Each group shall file a statement of organization as an electioneering communications organization within hours after the date on which it makes expenditures for an electioneering communication in excess of $1,000 $5,000,if such expenditures are made within the timeframes specified in s. 106.011(8)(a)2. If the group makes expenditures for an electioneering communication in excess of $1,000 $5,000 before the timeframes specified in s. 106.011(8)(a)2., it must shall file the statement of organization within hours after the close of the qualifying period for the office sought by the candidate 30th day before a primary or special primary election, or within hours after the 60th day before any other election, whichever is applicable.2.a. In a statewide, legislative, or multicounty election, an electioneering communications organization shall file a statement of organization with the Division of Elections. b. In a countywide election or any election held on less than a countywide basis, except as described in sub-subparagraph c., an electioneering communications organization shall file a statement of organization with the supervisor of elections of the county in which the election is being held. c. In a municipal election, an electioneering communications organization shall file a statement of organization with the officer before whom municipal candidates qualify. d. Any electioneering communications organization that would be required to file a statement of organization in two or more locations need only file a statement of organization with the Division of Elections. (2) The statement of organization must shall include all of the following:(a) The name, mailing address, and street address of the committee or electioneering communications organization.; (b) The names, street addresses, and relationships of affiliated or connected organizations, including any affiliated sponsors.; (c) The area, scope, or jurisdiction of the committee or electioneering communications organization.; (d) The name, mailing address, street address, and position of the custodian of books and accounts.; (e) The name, mailing address, street address, and position of other principal officers, including the treasurer and deputy treasurer, if any,and a copy of a government-issued identification credential for each principal officer. The mailing address must be a physical location and may not be a post office box address.;(f) The name, address, office sought, and party affiliation of: 1. Each candidate whom the committee is supporting; and 2. Any other individual, if any, whom the committee is supporting for nomination for election, or election, to any public office whatever.; (g) Any issue or issues the committee is supporting or opposing.; (h) If the committee is supporting the entire ticket of any party, a statement to that effect and the name of the party.; (i) A statement of whether the committee is a continuing one.; (j) Plans for the disposition of residual funds which will be made in the event of dissolution.; (k) A listing of all banks, safe-deposit boxes, or other depositories used for committee or electioneering communications organization funds.; (l)  For electioneering communications organizations, a listing of: 1.   The full name, address, and occupation, if any, of each person who has made one or more contributions to or for such electioneer ing communications organization before the filing of the statement of organization,together with the amount and date of such contributions. For corporations, the listing must provide as clear a description as practicable of the principal type of business conducted by the corporation. However, if the contribution is $100 or less, the occupation of the contributor or the principal type of business need not be listed.2.   The name and address of each political committee from which or to which the reporting electioneering communications organization made any transfer of funds, together with the amounts and dates of all transfers.3.   Each loan for electioneering communication spurposes to or from any person or political committee before the filing of the statement of organization,together with the full names, addresses, and occupations and principal places of business, if any, of the lender and endorsers, if applicable,and the date and amount of such loans. 4.   A statement of each contribution, rebate, refund, or other receipt not otherwise listed under subparagraphs 1.,2., or 3. 5.   The total sums of all loans, in-kind contributions, and other receipts by or for such electioneering communications organization before the filing of the statement of organization.The sums must be listed separately for all loans, in-kind contributions, and other receipts. 6.   The full name and address of each person to whom expenditures have been made by or on behalf of the electioneering communications organization within the reporting period and the amount, date, and purpose of each expen diture. 7.   The full name and address of each person to whom an expenditure for personal services, salary, or reimbursement for expenses has been made and which is not otherwise reported, including the amount, date, and purpose of the expenditure. 8.   The total sum of expenditures made by the electioneering communications organization.9.   The amount and nature of debts and obligations owed by or to the electioneering communications organization which relate to the conduct of any electioneering communication.10.   Transaction information for each credit card purchase. Receipts for each credit card purchase must be retained by the electioneering communications organization. 11.   The amount and nature of any separate interest-bearing accounts or certificates of deposit and identification of the financial institution in which such accounts or certificates of deposit are located.12.   The primary purposes of an expenditure made indirectly through an electioneering communications organization for goods and services, such as communications media placement or procurement services and other expenditures that include multiple components as part of the expenditure. The primary purpose of an expenditure must be that purpose, including integral and directly related components, which comprises percent of such expenditure.(m)  A statement of the reports required to be filed by the committee or the electioneering communications organization with federal officials, if any, and the names, addresses, and positions of such officials.; and (n) (m)  A statement of whether the electioneering communications organization was formed as a newly created organization during the current calendar quarter or was formed from an organization existing prior to the current calendar quarter. For purposes of this subsection, calendar quarters end the last day of March, June, September, and December. (7)  Any group that fails to file a statement of organization in accordance with the timeframe prescribed in paragraph (1)(b) is subject to a daily fine. The fine is $500 per day for the first days late and, thereafter, $2,500 per day for each day late. Section 3. This act shall take effect July 1, 2022.