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