HomeMy WebLinkAbout08-06-2004 2004 Campaign Treasurer Report - Peporting PeriodsFZECEIVED
AUG 10 2004
BROWN, GARGANESE, WEISS & D-AC V*vRg Altorne at Law 1.�F&
Usher L. Brown'
Jeffrey P. Buak"
Suzanne D'Agresta"
Anthony A. Garganese"
John H. Ward'
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
VIA FACSIMILE and
U.S. MAIL
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher"
Cocoa & Viera Joseph E. Blitch
John U. Biedenharn, Jr.
Lisa M. Fletcher
Amy J. Goddard
Katherine Latorre
Melanie A. Mucario
Michelle A. Reddin
Erin J. O'Leary
J. W. Taylor
Of Counsel
August 6, 2004
Andrea Lorenzo-Luaces, CMC, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Re: 2004 Campaign Treasurer Report - Reporting Periods
City of Winter Springs - General
Our File No.: 1193
Dear Andrea:
This correspondence is in response to Necur facsimile dated August 6, 2004,
regarding the above -referenced matter. This should verify that candidates, as defined in
Section 106.011, Florida Statutes (2003),' are required to file campaign reports on the
following dates: September 17, 2004, October 1, 2004, October 15, 2004, and October29,
2004. Additionally, all candidates must file a termination report no later than January 31,
2005.
Please note all reports shall be filed with the filing officer not later than 5:00 p.m.
on the day designated, unless postmarked by midnight of the same day. These reports
shall contain information of all previously unreported contributions received and
expenditures made as of the preceding Friday, except that the report filed on the Friday
Definition of candidate from Section 106.011, Florida Statutes (2003).
Andrea Lorenzo-Luaces, CMC, City Clerk
City of Winter Springs
August 6, 2004
Page 2
immediately preceding election shall contain information of all previously unreported
contributions received and expenditures made as of the day preceding the designated due
date. Section 106.07(2)(a), Florida Statutes (2003).
If, of course, a candidate is unopposed, the candidate need only to file a report
within ninety (90) days after the date such candidate became unopposed, as well as the
final termination report. See Section 106.07(1)(c), Florida Statutes (2003).
As to your second question and as referenced above, any person who has open to
campaign account would necessarily under Chapter 106 be considered a candidate and
would be required to file campaign reports as indicated herein. If during any reporting
period there were no monies received and no expenditures paid out the candidate may
simply indicate in writing to you on or before the time limit that no campaign report will be
forthcoming due to the fact there were no receipts or expenditures.
We trust the foregoing is helpful to you. Should you have any questions, please do
not hesitate to call our offices.
Very truly yours,
Jeh-
fferyak
Assistant City Attorney
JPB/eah
Enclosure: Section 106.011, Florida Statutes
GADocslCity of Winter Springs )Correspondence\Lorenzo-Luaces,Andrea12004CampalgnTreasurerReports_Ltr080804.wpd
,n OVith the candidacy for reteti
s statement to that effect With' Ihet
shall begin filing reports as an ant to s. 106.07,
49; s. 38, ch. 77-175; s. 3, ch. 89-152; g ,,,
. 99.355.
cal activity in behalf of a cand
nited.—
al party or partisan political a
e, support, or assist any cares
Oection to judicial office.
;on who knowingly, in an in
officer of an organization, viol
section is guilty of a misderhi
Iree, punishable as provide
5.083.
49; S. 38, ch. 77-175; S. 635, ch. 95.147.
,ability of election Code.— If 4pter is in conflict with any othe
the provision of this chaptersh
-49; S. 38, ch. 77.175.
t of revision of county c
d.—No county court judl
)lection that approves any
)unty court judges shall be
f office. Any county judge
quent term will be elected i
'nethod of election or self
y court judges in effect in l
ceding the end of the judg,
355.
t of revision of circuit coi
.—No circuit court judge elei
on that approves any revises
court judge shall be affectec
Any circuit court judge w
luent term will be elected or
nethod of election or seiec
court judges in effect inthe c
1ding the end of the judge's
155.
CAMPAIGN FINANCING
CHAPTER 106
CAMPAIGN FINANCING
11; Definitions.
Campaign treasurers; deputies; primary
and secondary depositories.
t3 Statement of candidate.
;Campaign fund raisers.
j Registration of political committees.
Committees of continuous existence.
Deposit of contributions; statement of cam-
paign treasurer.
Valuation of in -kind contributions.
Treasurer to keep records; inspections.
Reports; certification and filing.
Independent expenditures; reports; dis-
claimers.
!r. Elected officials; report of loans made in
year preceding election; limitation on
contributions to pay loans.
Contributions; limitations on.
`.ry ;Commissioner of Agriculture candidates;
campaign contribution limits.
. Independent expenditures; unfair surprise
prohibited; notice requirements; penalty.
1 independent expenditures; contribution
limits; restrictions on political parties,
political committees, and committees of
continuous existence.
Cash contributions and contribution by
cashier's checks.
Expenses of and expenditures by candi-
dates and political committees.
Petty cash funds allowed.
Credit cards; conditions on use.
Utilities; deposits; prior authorization.
15 Use of campaign funds.
Disposition of surplus funds by candidates.
4 Political advertisements circulated prior to
election; requirements.
16. Usage and removal of political campaign
advertisements.
7,;:; Miscellaneous advertisements.
Endorsements or opposition by certain
groups and organizations.
Telephone solicitation; disclosure require-
ments; prohibitions; exemptions; penal-
ties.
5 Telephone solicitation; registered agent
requirements; penalty.
Disclosure of on-line computer solicitation.
Certain acts prohibited.
Limitation on certain rates and charges.
Air time available at the lowest unit rate.
Polls and surveys relating to candidacies.
+ When a candidate's name to be omitted
from ballot.
"r& Violations by candidates, persons con-
nected with campaigns, and political
committees.
91, Signatures gathered for initiative petition;
effect of ch. 97-13.
106
106.21 Certificates of election not to be issued
upon conviction.
106.22
Duties of the Division of Elections.
106.23
Powers of the Division of Elections.
106.24
Florida Elections Commission; member-
ship; powers; duties.
106.25
Reports of alleged violations to Florida
Elections Commission; disposition of
findings.
106.26
Powers of commission; rights and respon-
sibilities of parties; findings by commis-
sion.
106.265
Civil penalties.
106.27
Determinations by commission; legal dis-
position.
106.28
Limitation of actions,
106.29
Reports by political parties; restrictions on
contributions and expenditures; penal-
- ties.
106.295
Leadership fund.
106.30
Short title.
106.31
Legislative intent.
106.32
Election Campaign Financing Trust Fund.
106.33
Election campaign financing; eligibility.
106.34
Expenditure limits.
106.35
Distribution of funds.
106.353
Candidates voluntarily abiding by election
campaign financing limits but not
requesting public funds; irrevocable
statement required; penalty.
106.355
Nonparticipating candidate exceeding lim-
its.
106.36
Penalties; fines.
106.37
Willful violations.
106.011 Definitions. —As used in this chapter, the
following terms have the following meanings unless the
context clearly indicates otherwise:
(1)(a) "Political committee" means:
1. A combination of two or more individuals, or a
person other than an individual, that, in an aggregate
amount in excess of $500 during a single calendar
year:
a. Accepts contributions for the purpose of making
contributions to any candidate, political committee,
committee of continuous existence, or political party;
b. Accepts contributions for the purpose of
expressly advocating the election or defeat of a candi-
date or the passage or defeat of an issue;
C. Makes expenditures that expressly advocate
the election or defeat of a candidate or the passage or
defeat of an issue; or
d. Makes contributions to a common fund, other
than a joint checking account between spouses, from
which contributions are made to any candidate, political
committee, committee of continuous existence, or polit-
ical party.
2. The sponsor of a proposed constitutional
amendment by initiative who intends to seek the signa-
tures of registered electors.
106
(b) Notwithstanding paragraph (a), the followin
entities are not considered political committees for pu
poses of this chapter:
1. Organizations which are certified by the Depart
ment of State as committees of continuous existenc
pursuant to s. 106.04, national political parties, and th
state and county executive committees of political par
ties regulated by chapter 103.
2. Corporations regulated by chapter 607 or chap
ter 617 or other business entities formed for purpose
other than to support or oppose issues or candidates
if their political activities are limited to contributions t
candidates, political parties, or political committees o
expenditures in support of or opposition to an issue
from corporate or business funds and if no contribu-
tions are received by such corporations or business
entities.
(2) "Committee of continuous existence" means
any group, organization, association, or other such
entity which is certified pursuant to the provisions of s.
106.04.
(3) "Contribution" means:
(a) A gift, subscription, conveyance, deposit, loan,
payment, or distribution of money or anything of value,
including contributions in kind having an attributable
monetary value in any form, made for the purpose of
influencing the results of an election.
(b) A transfer of funds between political commit-
tees, between committees of continuous existence, or
between a political committee and a committee of con-
tinuous existence.
(c) The payment, by any person other than a candi-
date or political committee, of compensation for the
personal services of another person which are ren-
dered to a candidate or political committee without
charge to the candidate or committee for such services.
(d) The transfer of funds by a campaign treasurer
or deputy campaign treasurer between a primary
depository and a separate interest -bearing account or
certificate of deposit, and the term includes any interest
earned on such account or certificate.
Notwithstanding the foregoing meanings of "contribu-
tion," the word shall not be construed to include ser-
vices, including, but not limited to, legal and accounting
services, provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
candidate or political committee. This definition shall
not be construed to include editorial endorsements.
(4) "Expenditure" means a purchase, payment, dis-
tribution, loan, advance, transfer of funds by a cam-
paign treasurer or deputy campaign treasurer between
a primary depository and a separate interest -bearing
account or certificate of deposit, or gift of money or any-
thing of value made for the purpose of influencing the
results of an election. However, "expenditure" does not
include a purchase, payment, distribution, loan,
advance, or gift of money or anything of value made for
the purpose of influencing the results of an election
when made by an organization, in existence prior to the
time during which a candidate qualifies or an issue is
placed on the ballot for that election, for the purpose of
printing or distributing such organization's newsletter,
r
g containing a statement by such organization in suppo,
- of or opposition to a candidate or issue, which newslet•
ter is distributed only to members of such organization,
- (5)(a) "Independent expenditure" means 4
e expenditure by a person for the purpose of advocating
e the election or defeat of a candidate or the approval or rejection of an issue, which expenditure is not con•
trolled by, coordinated with, or made upon consultation
_ with, any candidate, political committee, or agent of
s such candidate or committee. An expenditure for such
purpose by a person having a contract with the candi,
o date, political committee, or agent of such candidate or
r committee in a given election period shall not be
deemed an independent expenditure.
(b) An expenditure for the purpose of advocating
the election or defeat of a candidate which is made by
the national, state, or county executive committee of a
political party, including any subordinate committee of
a national, state, or county committee of a political
party, or by any political committee or committee of
continuous existence, or any other person, shall not be
considered an independent expenditure if the commit.
tee or person:
1. Communicates with the candidate, the candi.
date's campaign, or an agent of the candidate acting on
behalf of the candidate, including any pollster, media
consultant, advertising agency, vendor, advisor, or staff
member, concerning the preparation of, use of, or pay.
ment for, the specific expenditure or advertising cam-
paign at issue; or
2. Makes a payment in cooperation, consultation,
or concert with, at the request or suggestion of, or pur-
suant to any general or particular understanding with
the candidate, the candidate's campaign, a political
committee supporting the candidate, or an agent of the
candidate relating to the specific expenditure or adver-
tising campaign at issue; or
3. Makes a payment for the dissemination, distri-
bution, or republication, in whole or in part, of any
broadcast or any written, graphic, or other form of cam-
paign material prepared by the candidate, the candi-
date's campaign, or an agent of the candidate, includ-
ing any pollster, media consultant, advertising agency,
vendor, advisor, or staff member; or
4. Makes a payment based on information about
the candidate's plans, projects, or needs communi-
cated to a member of the committee or person by the
candidate or an agent of the candidate, provided the
committee or person uses the information in any way,
in whole or in part, either directly or indirectly, to design,
prepare, or pay for the specific expenditure or advertis-
ing campaign at issue; or
5. After the last day of qualifying for statewide or
legislative office, consults about the candidate's plans,
projects, or needs in connection with the candidate's
pursuit of election to office and the information is used
in any way to plan, create, design, or prepare an
independent expenditure or advertising campaign,
with:
a. Any officer, director, employee, or agent of a
national, state, or county executive committee of a
political party that has made or intends to make
expenditures in connection with or contributions to the
candidate; or
834
,.�yr {,rN1Y1PN1\71Y r•IIYNIYtr11Y{1 Ch. 106
r r, 1741 7
`'
nt by such organization in
:andidate issue,
Any person whose professional services have
day on which any person, including a write-in candi-
or which ne
to members �
retained by a national, state, or county executive
that has
date, may qualify, is without opposition in the election
of such organ• ,' ee of a political party made or intends
dent expenditure' in
at which the office is to be filled or who is without such
mean
expenditures connection with or contribu-
opposition after such date as a result of any primary
son for the purpose of adv to the candidate; or
t of a candidate or the appres �,-After the last day of qualifying for statewide or
election or of withdrawal by other candidates seeking
the same office. A candidate is not an unopposed can-
a,which expenditure is nota office, retains the professional services of
d with, or made upon consultrson also providing those services to the candi-
didate if there is a vacancy to be filled under s.
100.111(4), if there is a legal proceeding pending
political committee, or agey
>mmittee. An expenditure
mconnection with the candidate's pursuit of elec-
regarding the right to a ballot position for the office
for*;>�
i having a contract with the ca
office; or
.,,Arranges, coordinates, or directs the expendi-
sought by the candidate, or if the candidate is seeking
re n as a justice or judge.
ttee, or agent of such cand' r-
en election period shall
N any Way, with the candidate or an agent of the
(16 `Candidate" means any person to whom any
dent expenditure.
i
ire for the purpose of
te, "
y primary p
. , � "Election means an rima election, special
o more of the following apply:
(a) Any person who seeks to qualify for nomination
adv
of a candidate a
ry election, general election, special election, or
or election by means of the petitioning process.
which e
r county executive committee
ling
al election held in this state for the purpose of
sting or electing candidates to public office,
(b) Any person who seeks to qualify for election as
a write-in candidate.
any subordinate committee:
r county committee of a
litical committee or corn
"'"n dale ates to the national nominating conven-
9 g g
of political parties, or submitting an issue to the
(c) Any person who receives contributions or
makes expenditures, or consents for any other person
M
or any other person, shall no k
lendent expenditure if the
rs for their approval or rejection.
'Issue" means any proposition which is required
s
to receive contributions or make expenditures, with a
view to bring about his or her nomination or election to,
as with the candidate, the ''
$late Constitution, by law or resolution o, the
ure,` or by the charter, ordinance, or resolution
`political
or retention in, public office.
(d) Any person who appoints a treasurer and desig-
an agent of the candidate acts '
late including an
,g g y pollster, met#
subdivision of this state to be submitted
electors for their approval or rejection at an elec-
nates a primary depository.
(e) Any person who files qualification papers and
g agency, , vendor, advisor, orb
y
drany proposition for which a petition is circulated
" rto have such proposition placed on the ballot at
subscribes to a candidate's oath as required by law.
the preparation of, use of, or "
c expenditure or advertisingzo
e�clion.
However, this definition does not include any candidate
means an individual or a corporation,
for a political party executive committee.
ment in cooperation, consu
Lion, firm, partnership, joint venture, joint stock
(17) "Political advertisement" means a paid expres-
e request or suggestion of, ot°
►I or particular understanding '
, ny, club, organization, estate, trust, business
Syndicate, or other combination of individuals
sion in any communications media prescribed in sub-
section (13), whether radio, television, newspaper,
candidate's campaign, a g collective capacity. The term includes a political
magazine, periodical, campaign literature, direct mail,
ig the candidate, or an agent of,
;. Political committee, or committee of continuous
or display or by means other than the spoken word in
i the specific expenditure or adi
ssue; or
e'
."Campaign treasurer" means an individual
direct conversation, which shall support or oppose any
candidate, elected public official, or issue. However,
fment for the dissemination,
rated by a candidate or political committee as pro-
political advertisement does not include:
rtion, in whole or in part, d' ,
in this chapter.
"Public
(a) A statement by an organization, in existence
tten, graphic, or other form of l)
office" means any state, county, munici-
prior to the time during which a candidate qualifies or
ared by the candidate, the
`er school or other district office or position which is
an issue is laced on the ballot for that election, in su
P P-
an agent of the candidate, i
Jia consultant, advertising age
by vote of the electors.
I)Campaign fund raiser" means any affair held to
funds to be in for
port of or opposition to a candidate or issue, in that
organization's newsletter, which newsletter is distrib-
staff member; or
�ment based on information
used a campaign public office.
� "Division" means the Division of Elections of the
uted only to the members of that organization.
(b) Editorial endorsements by any newspaper,
,
ns, projects, or needs com
of the committee or person by1w)
rtment of State.
" Communications media' means broadcasting
radio or television station, or other recognized news
medium.
ant of the candidate, provided '
n uses the information In any
ne, newspapers, ma azines, outdoor advertising
- .g g
�$+-Printers, direct mailing companies, advertlS
History.—s. 1, ch. 73-128• s. 1, ch. 74.200; s. 1, ch. 77.174; s. 39, ch 77.175;
s. 2 ch. 79-157; ss. 6 17. ch 79-365; s. 1 ch 79-378 s. 22, ch. 81-304• S. 34, ch.
84.302; s. 4, ch 65-226: s. 2, ch. 89-256;'s. 1, ch. 89.537; s. 24, ch. 90.315; s. 9,
ither directly or indirectly, to
he specific expenditure or ad., '
flgencies, and telephone companies; but with
tto telephones, an expenditure shall be deemed
ch. 91-107; S. 636, ch. 9&147, s. 2, ch. 97-13; s 7, ch 99-355; s. 1, ch. 2002-197.
ue; or
an expenditure for the use of communications
106.021 Campaign treasurers; deputies; primary
t day of qualifying for stat
fly if made for the costs of telephones, paid
onlists, or automatic telephone equipment to be
and secondary depositorles.—
(1)(a) Each candidate for nomination or election to
nsults about the candidate's
�n connection with the candi, ,
b1' a candidate or a political committee to commu-
office and each political committee shall appoint a cam-
office and the information is
with Potential voters but excluding any costs of
paign treasurer. Each person who seeks to qualify for
n, create, design, or prepare! �
nes incurred by a volunteer for use of tele-
nomination or election to, or retention in, office shall
iditure or advertising camp
by such volunteer.
Filing officer" means the person before whom
appoint a campaign treasurer and designate a primary
campaign depository prior to qualifying for office. Any
director, employee, or agent
county executive committee s
date qualifies, the agency or officer with whom
at committee registers, or the agency by whom
person who seeks to qualify for election or nomination
to any office by means of the petitioning process shall
has made or intends to
nection with or contributions
ittee of continuous existence is certified.
1b) °uno pposed candidate" means a candidate for
appoint a treasurer and designate a primary depository
on or before the date he or she obtains the petitions.
Syr
ation or election to an office who, after the last
Each candidate shall at the same time he or she desig-
835