CODING: Words stricken are deletions; words underlined are additions.House Bill 0651e2
HB 651, Second Engrossed/ntc
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.
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14 Be It Enacted by the Legislature of the State of Florida:
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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21 has been replaced by a series of distortions,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, Second Engrossed/ntc
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 he or she knows or reasonably should know is false or which
19 was made in negligent disregard for the truth commits is
20 guilty of a violation of this code. An aggrieved candidate
21 may file a complaint with the Division of Elections pursuant
22 to s. 106.25. The division shall adopt rules to provide an
23 expedited hearing before the Florida Elections Commission of
24 complaints filed under this subsection. Notwithstanding any
25 other provision of law, the Florida Elections Commission shall
26 assess a civil penalty of up to $5,000 against any person
27 candidate found in violation of this subsection to be
28 commensurate with the commission's determination of the extent
29 of damages suffered by the candidate and the scope, substance,
30 or intent of the violation, which shall be deposited to the
31 account of the General Revenue Fund of the state. In
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HB 651, Second Engrossed/ntc
1 addition, any person making or causing to be made any
2 statement about a candidate which he or she knows or
3 reasonably should know is false or which was made in negligent
4 disregard for the truth shall be personally liable for
5 damages.
6 Section 4. This act shall take effect January 1, 1998.
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