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





                                                  SENATE AMENDMENT

    Bill No. SB 1782

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Grant moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 15, between lines 29 and 30,

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16  insert:

17         Section 14.  This act may be cited as the "Truth in

18  Campaigning Act."

19         Section 15.  Legislative intent.--The Legislature finds

20  that there has been a marked decline in civility and honesty

21  in both state and national politics; that truthful campaigning

22  has been replaced by a series of distortions,

23  mischaracterizations, and untruths.  Such tactics have the

24  effect of stifling, overwhelming, or chilling the

25  dissemination of truthful information; and that the

26  dissemination of truthful information is the single most

27  important goal advanced by free speech.  Additionally, such

28  tactics discourage participation in the political process.

29  Therefore, the Legislature finds it necessary to hold all

30  persons accountable for the truthfulness of their statements

31  regarding candidates.

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                                                  SENATE AMENDMENT

    Bill No. SB 1782

    Amendment No.    





 1         Section 16.  Section 104.271, Florida Statutes, is

 2  amended to read:

 3         104.271  False or malicious charges against, or false

 4  statements about, opposing candidates; penalty.--

 5         (1)  Any person candidate who, in any a primary

 6  election or other election, willfully charges a an opposing

 7  candidate participating in such election with a violation of

 8  any provision of this code, which charge is known by the

 9  person candidate making such charge to be false or malicious,

10  is guilty of a felony of the third degree, punishable as

11  provided in s. 775.082 or s. 775.083, and, upon in addition,

12  after conviction is shall be disqualified to hold office until

13  restoration of civil rights, as provided in s. 4, Art. VI of

14  the State Constitution.

15         (2)  Any person candidate who, in any a primary

16  election or other election, with actual malice makes or causes

17  to be made any statement about a an opposing candidate which

18  he knows or reasonably should know is false or which was made

19  in negligent disregard for the truth, is guilty of a violation

20  of this code.  An aggrieved candidate may file a complaint

21  with the Florida Elections Commission pursuant to s. 106.25.

22  The commission shall adopt rules to provide an expedited

23  hearing of complaints filed under this subsection.

24  Notwithstanding any other provision of law, the commission

25  shall assess a civil penalty of up to $5,000 against any

26  person candidate found in violation of this subsection, which

27  shall be deposited to the account of the General Revenue Fund

28  of the state. The penalty shall be commensurate with the

29  commission's determination of the extent of the damages

30  suffered by the candidate and the scope, substance, or intent

31  of the violation. In addition, any person found in violation

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                                                  SENATE AMENDMENT

    Bill No. SB 1782

    Amendment No.    





 1  of this subsection shall be personally liable for payment of

 2  the assessed penalty.

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 4  (Redesignate subsequent sections.)

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 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 2, line 4, after the semicolon

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11  insert:

12         providing a short title; providing a statement

13         of legislative intent; amending s. 104.271,

14         F.S.; expanding applicability of the

15         prohibition against making false or malicious

16         charges against, or false statements about,

17         candidates; eliminating the requirement of

18         actual malice in the prohibition against making

19         false statements about candidates and providing

20         for personal liability with respect thereto;

21         clarifying and providing penalties;

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