Senate Bill 0702c1

    Florida Senate - 1998                            CS for SB 702

    By the Committee on Criminal Justice and Senators Grant,
    Casas, Latvala and Lee




    307-2201-98

  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."

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, and that truthful

21  campaigning has been replaced by a series of distortions,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 the dissemination

25  of truthful information is the single most important goal

26  advanced by free speech.  Additionally, such tactics

27  discourage participation in the political process.  Therefore,

28  the Legislature finds it necessary to hold all persons

29  accountable for the truthfulness of their statements regarding

30  candidates.

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






    Florida Senate - 1998                            CS for SB 702
    307-2201-98




  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 candidate, paid campaign worker, or other paid

  6  agent of the candidate who, in any a primary election or other

  7  election, willfully charges a an opposing candidate

  8  participating in such election with a violation of any

  9  provision of this code, which charge is known by the

10  candidate, paid campaign worker, or other paid agent of the

11  candidate making such charge to be false or malicious, is

12  guilty of a felony of the third degree, punishable as provided

13  in s. 775.082 or s. 775.083, and, upon in addition, after

14  conviction is shall be disqualified to hold office until

15  restoration of civil rights, as provided in s. 4, Art. VI of

16  the State Constitution.

17         (2)  Any candidate, paid campaign worker, or other paid

18  agent of the candidate who, in any a primary election or other

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

20  statement about a an opposing candidate which he knows or

21  reasonably should know is false or which was made in negligent

22  disregard for the truth, is guilty of a violation of this

23  code.  An aggrieved candidate may file a complaint with the

24  Florida Elections Commission pursuant to s. 106.25. The

25  commission shall adopt rules to provide an expedited hearing

26  of complaints filed under this subsection. Notwithstanding any

27  other provision of law, the commission shall assess a civil

28  penalty of up to $5,000 against any candidate, paid campaign

29  worker, or other paid agent of the candidate found in

30  violation of this subsection, which shall be deposited to the

31  account of the General Revenue Fund of the state. The penalty

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






    Florida Senate - 1998                            CS for SB 702
    307-2201-98




  1  shall be commensurate with the commission's determination of

  2  the extent of the damages suffered by the candidate and the

  3  scope, substance, or intent of the violation. In addition, any

  4  candidate, paid campaign worker, or other paid agent of the

  5  candidate who makes or causes to be made any statement about a

  6  candidate which he or she knows or reasonably should know is

  7  false or which was made in negligent disregard for the truth

  8  shall be personally liable for damages.

  9         Section 4.  This act shall take effect January 1, 1999.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 702

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14  Narrows the scope of persons covered by the provisions of this
    bill from "any person" to "any candidate, paid campaign
15  worker, or other paid agent of the candidate."

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