Florida Senate - 2019                             CS for SB 1428
       By the Committee on Ethics and Elections; and Senators Perry and
       582-03290-19                                          20191428c1
    1                        A bill to be entitled                      
    2         An act relating to the disposition of surplus funds by
    3         candidates; amending s. 106.141, F.S.; prohibiting a
    4         candidate, or the candidate’s spouse, parent, child,
    5         or sibling, from serving as a principal of a
    6         charitable organization that receives surplus funds or
    7         from receiving a direct financial benefit from such
    8         organization in exchange for the donation of surplus
    9         funds; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Paragraph (a) of subsection (4) of section
   14  106.141, Florida Statutes, is amended to read:
   15         106.141 Disposition of surplus funds by candidates.—
   16         (4)(a) Except as provided in paragraph (b), any candidate
   17  required to dispose of funds pursuant to this section shall, at
   18  the option of the candidate, dispose of such funds by any of the
   19  following means, or any combination thereof:
   20         1. Return pro rata to each contributor the funds that have
   21  not been spent or obligated.
   22         2. Donate the funds that have not been spent or obligated
   23  to a charitable organization or organizations that meet the
   24  qualifications of s. 501(c)(3) of the Internal Revenue Code. If
   25  a donation is made to any charitable organization, the
   26  candidate, or the candidate’s spouse, parent, child, or sibling,
   27  may not be a principal of the organization, and he or she may
   28  not receive a direct benefit in the form of compensation, such
   29  as any earnings, stipend, tips, or paid employment, from the
   30  organization in exchange for such donation.
   31         3. Give not more than $25,000 of the funds that have not
   32  been spent or obligated to the affiliated party committee or
   33  political party of which such candidate is a member.
   34         4. Give the funds that have not been spent or obligated:
   35         a. In the case of a candidate for state office, to the
   36  state, to be deposited in either the Election Campaign Financing
   37  Trust Fund or the General Revenue Fund, as designated by the
   38  candidate; or
   39         b. In the case of a candidate for an office of a political
   40  subdivision, to such political subdivision, to be deposited in
   41  the general fund thereof.
   42         Section 2. This act shall take effect July 1, 2019.