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House Bill 0651e1




                                           HB 651, First Engrossed



  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title; providing a statement of legislative

  4         intent; amending s. 104.271, F.S.; expanding

  5         applicability of the prohibition against making

  6         false or malicious charges against, or false

  7         statements about, candidates; eliminating the

  8         requirement of actual malice in the prohibition

  9         against making false statements about

10         candidates and providing for personal liability

11         with respect thereto; clarifying and providing

12         penalties; providing an effective date.

13

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

15

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

17  Campaigning Act of 1997."

18         Section 2.  LEGISLATIVE INTENT.--The Legislature finds

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

20  in both state and national politics; that truthful campaigning

21  has been replaced by a series of distortions,

22  mischaracterizations, and untruths.  Such tactics have the

23  effect of stifling, overwhelming, or chilling the

24  dissemination of truthful information; and that the

25  dissemination of truthful information is the single most

26  important goal advanced by free speech.  Additionally, such

27  tactics discourage participation in the political process.

28  Therefore, the Legislature finds it necessary to hold all

29  persons accountable for the truthfulness of their statements

30  regarding candidates.  To that end, s. 104.271, is amended by

31  this act.


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                                           HB 651, First Engrossed



  1         Section 3.  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  commits is guilty of a felony of the third degree, punishable

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

12  addition, after conviction is shall be disqualified to hold

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

14  Art. VI of 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  is false commits is guilty of a violation of this code.  An

19  aggrieved candidate may file a complaint with the Division of

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

21  rules to provide an expedited hearing before the Florida

22  Elections Commission of complaints filed under this

23  subsection.  Notwithstanding any other provision of law, the

24  Florida Elections Commission shall assess a civil penalty of

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

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

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

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

29  candidate which is false shall be personally liable for

30  damages.

31         Section 4.  This act shall take effect January 1, 1998.


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