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House Bill 0651




    Florida House of Representatives - 1997                 HB 651

        By Representative Posey






  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title; amending s. 104.271, F.S.; expanding

  4         applicability of the prohibition against making

  5         false or malicious charges against, or false

  6         statements about, candidates; eliminating the

  7         requirement of actual malice in the prohibition

  8         against making false statements about

  9         candidates and providing for personal liability

10         with respect thereto; clarifying and providing

11         penalties; providing an effective date.

12

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

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15         Section 1.  This act may be cited as the "Truth in

16  Campaigning Act of 1997."

17         Section 2.  Section 104.271, Florida Statutes, is

18  amended to read:

19         104.271  False or malicious charges against, or false

20  statements about, opposing candidates; penalty.--

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

22  election or other election, willfully charges a an opposing

23  candidate participating in such election with a violation of

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

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

26  commits is guilty of a felony of the third degree, punishable

27  as provided in s. 775.082 or s. 775.083, and upon, in

28  addition, after conviction is shall be disqualified to hold

29  office until restoration of civil rights, as provided by s. 4,

30  Art. VI of the State Constitution.

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    Florida House of Representatives - 1997                 HB 651

    532-134B-97






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

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

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

  4  is false commits is guilty of a violation of this code.  An

  5  aggrieved candidate may file a complaint with the Division of

  6  Elections pursuant to s. 106.25.  The division shall adopt

  7  rules to provide an expedited hearing before the Florida

  8  Elections Commission of complaints filed under this

  9  subsection.  Notwithstanding any other provision of law, the

10  Florida Elections Commission shall assess a civil penalty of

11  up to $5,000 against any person candidate found in violation

12  of this subsection, which shall be deposited to the account of

13  the General Revenue Fund of the state.  In addition, any

14  person making or causing to be made any statement about a

15  candidate which is false shall be personally liable for

16  damages.

17         Section 3.  This act shall take effect January 1, 1998.

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19            *****************************************

20                          HOUSE SUMMARY

21
      Expands the prohibition against making false or malicious
22    charges against, or false statements about, candidates,
      to apply it to any person in any election making such a
23    charge or statement about any candidate participating in
      such election.  Clarifies that disqualification to hold
24    office, resulting from conviction for making such a false
      or malicious charge, applies until restoration of civil
25    rights.  Eliminates the requirement of actual malice in
      the prohibition against making false statements about
26    candidates, and provides that a person making or causing
      to be made such a false statement shall be personally
27    liable for damages.

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