HB 0061BCS

CHAMBER ACTION




1The Ethics & Elections Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to elections; amending s. 106.08, F.S.;
7prescribing requirements for making in-kind contributions
8to political parties; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (6) of section 106.08, Florida
13Statutes, is amended to read:
14     106.08  Contributions; limitations on.--
15     (6)(a)  A political party may not accept any contribution
16that which has been specifically designated for the partial or
17exclusive use of a particular candidate. Any contribution so
18designated must be returned to the contributor and may not be
19used or expended by or on behalf of the candidate.
20     (b)1.  Also, A political party may not accept any in-kind
21contribution that fails to provide a direct benefit to the
22political party. A "direct benefit" includes, but is not limited
23to, fundraising or furthering the objectives of the political
24party.
25     2.a.  An in-kind contribution to a state political party
26may be accepted only by the chairperson of the state political
27party or by the chairperson's designee or designees whose name
28is on file with the division in a form acceptable to the
29division prior to the date of the written notice required in
30sub-subparagraph b. An in-kind contribution to a county
31political party may be accepted only by the chairperson of the
32county political party or by the county chairperson's designee
33or designees whose name is on file with the supervisor of
34elections of the respective county prior to the date of the
35written notice required in sub-subparagraph b.
36     b.  A person making an in-kind contribution to a state
37political party or county political party must provide prior
38written notice of the contribution to a person described in sub-
39subparagraph a. The prior written notice must be signed and
40dated and may be provided by an electronic or facsimile message.
41However, prior written notice is not required for an in-kind
42contribution that consists of food and beverage in an aggregate
43amount not exceeding $1,500 which is consumed at a single
44sitting or event if such in-kind contribution is accepted in
45advance by a person specified in sub-subparagraph a.
46     c.  A person described in sub-subparagraph a. may accept an
47in-kind contribution requiring prior written notice only in a
48writing that is signed and dated before the in-kind contribution
49is made. Failure to obtain the required written acceptance of an
50in-kind contribution to a state or county political party
51constitutes a refusal of the contribution.
52     d.  An in-kind contribution may not be given to a state or
53county political party unless the in-kind contribution is made
54as provided in this subparagraph.
55     Section 2.  This act shall take effect February 1, 2006.


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