Florida Senate - 2023                             CS for SB 1372
       
       
        
       By the Committee on Ethics and Elections; and Senator Ingoglia
       
       
       
       
       
       582-02876-23                                          20231372c1
    1                        A bill to be entitled                      
    2         An act relating to political advertisements for
    3         nonpartisan office; amending s. 97.021, F.S.; revising
    4         the definition of the term “nonpartisan office”;
    5         amending s. 106.143, F.S.; requiring that a political
    6         advertisement paid for by a candidate for nonpartisan
    7         office include a certain statement; deleting
    8         provisions that prohibit political advertisements for
    9         candidates running for nonpartisan office from
   10         disclosing the candidates’ political party affiliation
   11         and that prohibit such candidates from campaigning
   12         based on party affiliation; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (23) of section 97.021, Florida
   18  Statutes, is amended to read:
   19         97.021 Definitions.—For the purposes of this code, except
   20  where the context clearly indicates otherwise, the term:
   21         (23) “Nonpartisan office” means an office for which a
   22  candidate is prohibited from campaigning or qualifying for
   23  election or retention in office based on party affiliation.
   24         Section 2. Subsections (1) and (3) of section 106.143,
   25  Florida Statutes, are amended to read:
   26         106.143 Political advertisements circulated prior to
   27  election; requirements.—
   28         (1)(a) Any political advertisement that is paid for by a
   29  candidate running for partisan office, except a write-in
   30  candidate, and that is published, displayed, or circulated
   31  before, or on the day of, any election must prominently state:
   32         1. “Political advertisement paid for and approved by
   33  ...(name of candidate)..., ...(party affiliation)..., for
   34  ...(office sought)...”; or
   35         2. “Paid by ...(name of candidate)..., ...(party
   36  affiliation)..., for ...(office sought)....”
   37         (b)Any political advertisement that is paid for by a
   38  candidate running for nonpartisan office, except a write-in
   39  candidate, and that is published, displayed, or circulated
   40  before, or on the day of, any election must prominently state:
   41         1.“Political advertisement paid for and approved by
   42  ...(name of candidate)... for ...(office sought)...”; or
   43         2.“Paid by ...(name of candidate)... for ...(office
   44  sought)....”
   45         (c)(b) Any political advertisement that is paid for by a
   46  write-in candidate and that is published, displayed, or
   47  circulated before, or on the day of, any election must
   48  prominently state:
   49         1. “Political advertisement paid for and approved by
   50  ...(name of candidate)..., write-in candidate, for ...(office
   51  sought)...”; or
   52         2. “Paid by ...(name of candidate)..., write-in candidate,
   53  for ...(office sought)....”
   54         (d)(c) Any other political advertisement published,
   55  displayed, or circulated before, or on the day of, any election
   56  must prominently:
   57         1. Be marked “paid political advertisement” or with the
   58  abbreviation “pd. pol. adv.”
   59         2. State the name and address of the persons paying for the
   60  advertisement.
   61         3. State whether the advertisement and the cost of
   62  production is paid for or provided in kind by or at the expense
   63  of the entity publishing, displaying, broadcasting, or
   64  circulating the political advertisement.
   65         (e)(d) Any political advertisement made pursuant to s.
   66  106.021(3)(d) must prominently state the name and address of the
   67  political committee or political party paying for the
   68  advertisement.
   69         (3) Any political advertisement of a candidate running for
   70  partisan office shall express the name of the political party of
   71  which the candidate is seeking nomination or is the nominee. If
   72  the candidate for partisan office is running as a candidate with
   73  no party affiliation, any political advertisement of the
   74  candidate must state that the candidate has no party
   75  affiliation. A political advertisement of a candidate running
   76  for nonpartisan office may not state the candidate’s political
   77  party affiliation. This section does not prohibit a political
   78  advertisement from stating the candidate’s partisan-related
   79  experience. A candidate for nonpartisan office is prohibited
   80  from campaigning based on party affiliation.
   81         Section 3. This act shall take effect July 1, 2023.