HB 61B

1
A bill to be entitled
2An act relating to elections; amending s. 106.08, F.S.;
3prescribing requirements for making in-kind contributions
4to political parties; providing an effective date.
5
6Be It Enacted by the Legislature of the State of Florida:
7
8     Section 1.  Subsection (6) of section 106.08, Florida
9Statutes, is amended to read:
10     106.08  Contributions; limitations on.--
11     (6)(a)  A political party may not accept any contribution
12that which has been specifically designated for the partial or
13exclusive use of a particular candidate. Any contribution so
14designated must be returned to the contributor and may not be
15used or expended by or on behalf of the candidate.
16     (b)1.  Also, A political party may not accept any in-kind
17contribution that fails to provide a direct benefit to the
18political party. A "direct benefit" includes, but is not limited
19to, fundraising or furthering the objectives of the political
20party.
21     2.a.  An in-kind contribution to a state political party
22may be accepted only by the chairperson of the state political
23party or by the chairperson's designee or designees whose name
24is on file with the Secretary of State prior to the date of the
25written notice required in sub-subparagraph b. An in-kind
26contribution to a county political party may be accepted only by
27the chairperson of the county political party or by the county
28chairperson's designee or designees whose name is on file with
29the supervisor of elections of the respective county prior to
30the date of the written notice required in sub-subparagraph b.
31     b.  A person making an in-kind contribution to a state
32political party or county political party must provide prior
33written notice of the contribution to a person described in sub-
34subparagraph a. The prior written notice must be signed and
35dated and may be provided by an electronic or facsimile message.
36However, prior written notice is not required for an in-kind
37contribution that consists of food and beverage in an aggregate
38amount not exceeding $1,500 which is consumed at a single
39sitting or event if such in-kind contribution is accepted in
40advance by a person specified in sub-subparagraph a.
41     c.  A person described in sub-subparagraph a. may accept an
42in-kind contribution requiring prior written notice only in a
43writing that is signed and dated before the in-kind contribution
44is made. Failure to obtain the required written acceptance of an
45in-kind contribution to a state or county political party
46constitutes a refusal of the contribution.
47     d.  An in-kind contribution may not be given to a state or
48county political party unless the in-kind contribution is made
49as provided in this subparagraph.
50     Section 2.  This act shall take effect February 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.