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House Bill 0243




    Florida House of Representatives - 1997                 HB 243

        By Representative Goode






  1                      A bill to be entitled

  2         An act relating to unlawful campaign practices;

  3         amending s. 104.271, F.S.; prohibiting a

  4         candidate from making a false statement of

  5         material fact about an opposing candidate;

  6         providing a penalty; providing for complaints

  7         alleging, and hearings on, such statements;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (2) of section 104.271, Florida

13  Statutes, is amended to read:

14         104.271  False or malicious charges against, or false

15  statements about, opposing candidates; penalty.--

16         (2)  Any candidate who, in a primary election or other

17  election, with actual malice makes or causes to be made any

18  false statement of material fact about an opposing candidate

19  which is false is guilty of a felony of the third degree,

20  punishable as provided in s. 775.082, s. 775.083, or s.

21  775.084 violation of this code.  An aggrieved candidate may

22  file a complaint with the Division of Elections pursuant to s.

23  106.25. The division shall adopt rules to provide an expedited

24  hearing before the Florida Elections Commission of complaints

25  filed under this subsection. Notwithstanding any other

26  provision of law, the Florida Elections Commission shall

27  assess a civil penalty of up to $5,000 against any candidate

28  found in violation of this subsection, which shall be

29  deposited to the account of the General Revenue Fund of the

30  state.

31         Section 2.  This act shall take effect October 1, 1997.

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






    Florida House of Representatives - 1997                 HB 243

    154-240-97






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  2                          SENATE SUMMARY

  3    Provides that it is a third-degree felony for a candidate
      to make a false statement of material fact about an
  4    opposing candidate.  Provides for an aggrieved candidate
      to file a complaint with the Division of Elections and
  5    for the division to adopt rules providing for an
      expedited hearing before the Florida Elections
  6    Commission.  Provides for a $5,000 civil penalty to be
      assessed by the commission in addition to any other
  7    penalty provided.

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