Senate Bill sb0008Ber
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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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2005 Legislature SB 8-B, 1st 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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2005 Legislature SB 8-B, 1st 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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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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