Senate Bill sb0008Be1

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    SB 8-B                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         106.08, F.S.; prescribing requirements for

  4         making in-kind contributions to political

  5         parties; requiring that state and county

  6         executive committees file with the Division of

  7         Elections copies of prior written acceptance of

  8         such contributions with the Division of

  9         Elections; amending s. 106.29, F.S.; requiring

10         that copies of prior written acceptance of

11         in-kind contributions be filed in addition to

12         the reports of contributions and expenditures;

13         providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (6) of section 106.08, Florida

18  Statutes, is amended to read:

19         106.08  Contributions; limitations on.--

20         (6)(a)  A political party may not accept any

21  contribution that which has been specifically designated for

22  the partial or exclusive use of a particular candidate. Any

23  contribution so designated must be returned to the contributor

24  and may not be used or expended by or on behalf of the

25  candidate.

26         (b)1.  Also A political party may not accept any

27  in-kind contribution that fails to provide a direct benefit to

28  the political party. A "direct benefit" includes, but is not

29  limited to, fundraising or furthering the objectives of the

30  political party.

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    SB 8-B                                         First Engrossed



 1         2.a.  An in-kind contribution to a state political

 2  party may be accepted only by the chairperson of the state

 3  political party or by the chairperson's designee or designees

 4  whose name is on file with the division in a form acceptable

 5  to the division prior to the date of the written notice

 6  required in sub-subparagraph b. An in-kind contribution to a

 7  county political party may be accepted only by the chairperson

 8  of the county political party or by the county chairperson's

 9  designee or designees whose name is on file with the

10  supervisor of elections of the respective county prior to the

11  date of the written notice required in sub-subparagraph b.

12         b.  A person making an in-kind contribution to a state

13  political party or county political party must provide prior

14  written notice of the contribution to a person described in

15  sub-subparagraph a. The prior written notice must be signed

16  and dated and may be provided by an electronic or facsimile

17  message. However, prior written notice is not required for an

18  in-kind contribution that consists of food and beverage in an

19  aggregate amount not exceeding $1,500 which is consumed at a

20  single sitting or event if such in-kind contribution is

21  accepted in advance by a person specified in sub-subparagraph

22  a.

23         c.  A person described in sub-subparagraph a. may

24  accept an in-kind contribution requiring prior written notice

25  only in a writing that is signed and dated before the in-kind

26  contribution is made. Failure to obtain the required written

27  acceptance of an in-kind contribution to a state or county

28  political party constitutes a refusal of the contribution.

29         d.  A copy of each prior written acceptance required

30  under sub-subparagraph c. must be filed with the division at

31  the time the regular reports of contributions and expenditures


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    SB 8-B                                         First Engrossed



 1  required under s. 106.29 are filed by the state executive

 2  committee and county executive committee.

 3         e.  An in-kind contribution may not be given to a state

 4  or county political party unless the in-kind contribution is

 5  made as provided in this subparagraph.

 6         Section 2.  Subsection (1) of section 106.29, Florida

 7  Statutes, is amended to read:

 8         106.29  Reports by political parties; restrictions on

 9  contributions and expenditures; penalties.--

10         (1)  The state executive committee and each county

11  executive committee of each political party regulated by

12  chapter 103 shall file regular reports of all contributions

13  received and all expenditures made by such committee. Such

14  reports shall contain the same information as do reports

15  required of candidates by s. 106.07 and shall be filed on the

16  10th day following the end of each calendar quarter, except

17  that, during the period from the last day for candidate

18  qualifying until the general election, such reports shall be

19  filed on the Friday immediately preceding both the primary

20  election and the general election. In addition to the reports

21  filed under this section, the state executive committee and

22  each county executive committee shall file a copy of each

23  prior written acceptance of an in-kind contribution given by

24  the committee during the preceding calendar quarter as

25  required under s. 106.08(6). Each state executive committee

26  shall file the original and one copy of its reports with the

27  Division of Elections. Each county executive committee shall

28  file its reports with the supervisor of elections in the

29  county in which such committee exists. Any state or county

30  executive committee failing to file a report on the designated

31  due date shall be subject to a fine as provided in subsection


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    SB 8-B                                         First Engrossed



 1  (3). No separate fine shall be assessed for failure to file a

 2  copy of any report required by this section.

 3         Section 3.  This act shall take effect February 1,

 4  2006.

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