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