The Florida Senate

106.085  Independent expenditures; unfair surprise prohibited; notice requirements; penalty.--

(1)  Any individual, group, organization, political party, or committee making an independent expenditure in excess of $1,000 on behalf of or in opposition to a candidate shall deliver notice in writing of such independent expenditure, a general description of the subject and content of such expenditure, the amount of such expenditure, and a detailed description of the media type or use of such expenditure, within 24 hours after obligating any funds for such expenditure. However, the notice of the obligation of the expenditure must be made at least 5 days prior to an election. An expenditure is obligated upon the purchase of any political advertising or the entering into any agreement, either oral or written, to purchase any political advertising. Such notice shall be delivered to all of the candidates in the affected race and to the qualifying officer of such candidates. The notice shall specifically state the name of the candidate whom the independent expenditure is designed to support or oppose. For purposes of this subsection, notice shall include, but is not limited to, personal hand delivery or overnight mail. Each new expenditure shall require the delivery or filing of an additional new notice.

(2)(a)  If the political advertisement required to be noticed under subsection (1) is to be broadcast over any television station, including a cable television station, or a radio station, a copy of the actual advertisement must be provided with the notification, along with a listing of the stations airing the advertisement.

(b)  If the political advertisement required to be noticed under subsection (1) is to be communicated through means other than the spoken word, a duplicate reproduced from the original advertisement to be used must be provided with the notification. The duplicate must clearly depict a copy of the pictures, artwork, and text used in the advertisement.

(c)  If the political advertisement required to be noticed under subsection (1) is to be a telephone solicitation, a copy of the script of the telephone solicitation must be provided with the notification, along with the number of intended recipients.

(3)  A person who violates any provision of this section shall be liable for a civil fine of up to $5,000 to be determined by the Florida Elections Commission or the entire amount of the expenditure not noticed, whichever is greater.

(4)  This section does not prohibit a person from making an independent expenditure in support of or in opposition to any candidate or issue, unless otherwise prohibited by law, from expressing his or her opinion on any issue, or from purchasing any political advertisement or campaign material.

History.--s. 13, ch. 91-107; s. 4, ch. 97-13.