The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1890
INTRODUCER: Rules Committee; Ethics and Elections Committee; and Senator Rodrigues
SUBJECT: Campaign Financing
DATE: April 6, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Biehl Roberts EE Fav/CS
2. Biehl Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1890 adds political committees sponsoring or in opposition to constitutional
amendments proposed by initiative to the list of entities subject to a $3,000 contribution limit
from a person or political committee. The contribution limit will no longer apply to such a
political committee once the Secretary of State has issued a certificate of ballot position and a
designating number for the proposed constitutional amendment.
The bill preempts local governments from enacting or adopting:
 Contribution limits that differ from existing limits specified in statute;
 Any limitation or restriction involving contributions to a political committee or an
electioneering communications organization; or
 Any limitation or restriction on expenditures for an electioneering communication or an
independent expenditure.
The bill also revises the authorized methods for disposing of surplus campaign funds to:
 Prohibit a candidate from donating such funds to a charitable organization by which he or
she is employed; and
 Eliminate restrictions on which candidates may donate to which government funds to
allow all candidates for state and local office to deposit surplus funds in the general
revenue fund of a political subdivision, the state General Revenue Fund, or the Election
Campaign Financing Trust Fund.
The bill takes effect July 1, 2021.
BILL: CS/CS/SB 1890 Page 2
II. Present Situation:
Political Committees
Florida law defines “political committee” to mean:
 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:
o Accepts contributions for the purpose of making contributions to any candidate,1 political
committee, affiliated party committee, or political party;
o Accepts contributions for the purpose of expressly advocating the election or defeat of a
candidate or the passage or defeat of an issue;
o Makes expenditures that expressly advocate the election or defeat of a candidate or the
passage or defeat of an issue; or
o Makes contributions to a common fund, other than a joint checking account between
spouses, from which contributions are made to any candidate, political committee,
affiliated party committee, or political party.
 The sponsor of a proposed constitutional amendment by initiative who intends to seek the
signatures of registered electors.2
Each political committee must file a statement of organization within 10 days after its
organization.3 A political committee which is organized to support or oppose statewide,
legislative, or multicounty candidates or issues to be voted upon on a statewide or multicounty
basis must file its statement of organization with the Department of State’s Division of
Elections.4
Each political committee must, through a designated campaign treasurer, file regular reports of
all contributions received, and all expenditures made, by or on behalf of the political committee.5
Generally, such reports must include a list of specified information, including, but not limited to,
the full name, address, and occupation, if any, of each person who made one or more
contributions to or for such committee within the reporting period, together with the amount and
date of such contributions.6
1
Section 106.011(3), F.S., defines “candidate” to mean a person to whom any of the following applies: 1) a person who seeks
to qualify for nomination or election by means of the petitioning process; 2) a person who seeks to qualify for election as a
write-in candidate; 3) a person who receives contributions or makes expenditures, or consents for any other person to receive
contributions or make expenditures, with a view to bring about his or her nomination or election to, or retention in, public
office; 4) a person who appoints a treasurer and designates a primary depository; or 5) a person who files qualification papers
and subscribes to a candidate’s oath as required by law. The definition excludes any candidate for a political party executive
committee.
2
Section 106.011(16)(a), F.S. The following entities are not considered political committees: 1) national political parties, the
state and county executive committees of political parties, and affiliated party committees; 2) corporations or other business
entities formed for purposes other than to support or oppose issues or candidates, if their political activities are limited to
contributions to candidates, political parties, affiliated party committees, or political committees or expenditures in support of
or opposition to an issue from corporate or business funds and if no contributions are received by such corporations or
business entities; or 3) electioneering communications organizations (s. 106.011(16)(b), F.S.).
3
Section 106.03(1)(a), F.S.
4
Section 106.03(3)(a), F.S.
5
Section 106.07(1), F.S.
6
Section 106.07(4)(a), F.S.
BILL: CS/CS/SB 1890 Page 3
Proposed Constitutional Amendments, Generally
Amendments to the Florida Constitution can be proposed by five distinct methods: 1) joint
legislative resolution, 2) the Constitutional Revision Commission, 3) citizens’ initiative, 4) a
constitutional convention, or 5) the Taxation and Budget Reform Commission.7 Depending on
the method, all proposed amendments or revisions to the Florida Constitution must be submitted
to the electors at the next general election held more than 90 days after the joint resolution or
report of revision commission, constitutional convention or taxation and budget reform
commission proposing it is filed with the custodian of state records, or for citizen initiatives, if
all the required signatures were submitted prior to February 1 of the year in which the general
election will be held.8
The Florida Constitution mandates that all proposed amendments or revisions9 be adopted by at
least a 60 percent affirmative vote of those electors voting on the measure.
Citizens’ Initiatives
The Florida Constitution provides citizens the right to propose constitutional amendments
through an initiative petition process.10 The process includes the following signature
requirements:
 The total number of signatures must be equal to at least eight percent of the number of voters
in the last presidential election.
 The signatures must come from voters in at least one-half of the congressional districts of the
state.11
The steps in the citizens’ initiative petition process are as follows:
 The individual or group wishing to propose an amendment must register as a political
committee with the Department of State’s Division of Elections (Division).12
 The sponsoring political committee must submit its initiative petition form to the Division for
approval of its format.13
 After the Division approves the format of a petition form, the Division assigns a serial
number to the initiative petition.14
 After assignment of a serial number, the sponsoring political committee may begin
circulating petitions for signature by registered Florida voters.15
7
See FLA. CONST. art XI, ss. 1-4 and 6.
8
See FLA. CONST. art XI, s. 5.
9
When the Florida Constitution uses the word ‘amendment’ it is in reference to a section of the constitution, while the word
‘revision’ relates to one or more articles or the whole constitution. See FLA. CONST. art. XI, s. 1.
10
FLA. CONST. art. XI, s. 3.
11
FLA. CONST. art. XI, s. 3.
12
Section 100.371(2), F.S.
13
Rule 1S-2.009 (Constitutional Amendment by Initiative Petition), F.A.C.
14
Id.
15
See id. and s. 100.371(2), F.S.
BILL: CS/CS/SB 1890 Page 4
 Each signed initiative petition form must be submitted by the sponsoring political committee
to the supervisor of elections’ office in the county of residence of the signee for signature
verification.16
 When the sponsoring political committee has obtained specified thresholds for verified
signatures,17 the Secretary of State (Secretary) sends the petition to the Attorney General,18
who must within 30 days of receipt petition the Florida Supreme Court (Court) for an
advisory opinion as to whether the text of the proposed amendment complies with state
constitutional requirements19, whether the proposed amendment is facially invalid under the
United States Constitution, and whether the proposed ballot title and substance comply with
statutory requirements20.21 The Secretary concurrently sends a copy of the petition to the
Financial Impact Estimating Conference, which completes and submits to the Court a
financial impact statement for the proposed amendment.22
 By February 1 of the year of the general election, the Secretary determines whether the
required number and distribution of signatures has been met.23 If so, the Secretary issues a
certificate of ballot position to the sponsoring political committee.24 No later than the next
day, the Division director assigns the designated number for the proposed amendment.25
Political Contribution Limits
No person26 or political committee (except for political parties or affiliated party committees27)
may contribute in excess of:
 $3,000 to a candidate for statewide office or for retention as a Supreme Court Justice; or
 $1,000 to a candidate for retention as a judge of a district court of appeal, a candidate for
legislative office, a candidate for countywide office or in any election conducted on less than
a countywide basis, or a candidate for county judge or circuit judge.28
16
Section 100.371(11)(a), F.S. Each signature must be verified by the relevant supervisor of elections. The sponsoring
political committee must pay the actual cost of verification to the supervisor of elections.
17
The verified signatures on petitions must be equal to at least 25% of the number of signatures required statewide and in at
least one-half of Florida’s congressional districts.
18
Section 15.21, F.S.
19
FLA. CONST. art. XI, s. 3, in part limits citizens’ initiatives (except those limiting the power of government to raise revenue)
to a single subject.
20
Section 101.161, F.S., provides format and content requirements for ballot titles and summaries. The ballot summary must
be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. The ballot title must
consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. However,
those requirements do not apply to amendments or revisions proposed by joint resolution of the Legislature. All proposals are
subject to requirements pertaining to a financial impact statement that must be included in the ballot summary.
21
Section 16.061(1), F.S.
22
Section 100.371(13), F.S.
23
Section 100.371(1), F.S.
24
Section 100.371(12), F.S.
25
Rule 1S-2.0011 (Constitutional Amendment Ballot Position), F.A.C.
26
A “person” is an individual or a corporation, association, firm, partnership, joint venture, joint stock company, club,
organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity (s.
106.011(14), F.S.). The term includes a political party, affiliated party committee, or political committee.
27
The leader of each political party conference of the House of Representatives and the Senate may establish a separate,
affiliated party committee to support the election of candidates of the leader’s political party (s. 103.092(2), F.S.). Affiliated
party committees are subject to the same provisions of ch. 106, F.S., as are political parties.
28
Section 106.08(1)(a), F.S.
BILL: CS/CS/SB 1890 Page 5
Florida law does not currently limit contributions to a political committee.
Disposition of Surplus Funds by Candidates
Florida law specifies authorized methods for disposition of surplus funds by candidates.29
Generally,30 each candidate who withdraws his or her candidacy, becomes an unopposed
candidate, or is eliminated as a candidate or elected to office must, within 90 days:
 Dispose of the funds on deposit in his or her campaign account; and
 File a report reflecting the disposition of all remaining funds.31
A candidate may dispose of such funds that have not been spent or obligated by any of the
following means, or any combination thereof:
 Return them pro rata to each contributor;
 Donate them to a charitable organization or organizations that meet the qualifications of s.
501(c)(3) of the Internal Revenue Code;32
 Give not more than $25,000 of the funds to the affiliated party committee or political party of
which the candidate is a member; or
 In the case of a candidate for state office, give the funds to the state, to be deposited in either
the Election Campaign Financing Trust Fund33 or the General Revenue Trust Fund, as
designated by the candidate, or in the case of a candidate for an office of a political
subdivision, to such political subdivision, to be deposited in the general fund thereof.34
III. Effect of Proposed Changes:
The bill adds political committees sponsoring constitutional amendments proposed by initiative
to the list of entities subject to a $3,000 contribution limit from a person or political committee.
The contribution limit will no longer apply to such a political committee once the Secretary of
State has issued a certificate of ballot position and a designating number for the proposed
constitutional amendment.
The bill preempts local governments from enacting or adopting:
 Contribution limits that differ from the existing statutory limits for statewide and local
candidates;
 Any limitation or restriction involving contributions to a political committee or an
electioneering communications organization; or
 Any limitation or restriction on expenditures for an electioneering communication or an
independent expenditure.
29
Section 106.141, F.S.
30
Section 106.141(6), F.S., provides an option to retain specified funds for a candidate elected to state office or a candidate
who will be elected to state office by virtue of his or her being unopposed after candidate qualifying ends.
31
Section 106.141(1), F.S.
32
Section 501(c)(3) of the Internal Revenue Code provides tax exemptions for organizations that serve certain charitable
purposes and meet other specified requirements.
33
On November 4, 1996, the trust fund expired by operation of Art. III, s. 19(f)(2), FLA. CONST. (see note in s. 106.32, F.S.).
All balances and income from the defunct fund were deposited into the state General Revenue Fund pursuant to Art. III,
s. 19(f)(4), FLA. CONST.
34
Section 106.141(4)(a), F.S.
BILL: CS/CS/SB 1890 Page 6
The bill specifically provides that any existing or future limitation or restriction enacted or
adopted by a local government that is in conflict with the new preemption is void.
The bill also revises the authorized methods for disposing of surplus campaign funds to:
 Prohibit a candidate from donating such funds to a charitable organization by which he or she
is employed; and
 Eliminate restrictions on which candidates may donate to which government funds to allow
all candidates for state and local office to deposit surplus funds in the general revenue fund of
a political subdivision, the state General Revenue Fund, or the Election Campaign Financing
Trust Fund.
The bill takes effect July