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House Bill 0731




    Florida House of Representatives - 1997                 HB 731

        By Representative Andrews






  1                      A bill to be entitled

  2         An act relating to political advertisements;

  3         creating s. 106.1433, F.S.; providing

  4         requirements for use of manipulated images in

  5         political advertisements; providing

  6         definitions; providing penalties; providing an

  7         effective date.

  8

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

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11         Section 1.  Section 106.1433, Florida Statutes, is

12  created to read:

13         106.1433  Use of manipulated images in political

14  advertisements; requirements; definitions; penalties.--

15         (1)  A political advertisement that includes a picture

16  of any candidate or elected public official must, if the

17  picture has been manipulated in any way, contain a statement

18  that the picture has been manipulated and that the candidate

19  or elected public official in the picture has seen the

20  manipulated picture and approved its use in that

21  advertisement.  In addition, the candidate or elected public

22  official in the picture must provide a written statement of

23  authorization to the communications medium responsible for

24  publishing, displaying, broadcasting, or otherwise

25  distributing the advertisement.

26         (2)  For the purposes of this section, the term:

27         (a)  "Picture" means a photographic image, an image on

28  motion picture film or videotape, or a digital image.

29         (b)  "Manipulated" means changed in any way from the

30  original image, but does not include any reproduction

31  resulting in a true and correct copy of the original image.

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    Florida House of Representatives - 1997                 HB 731

    571-130-97






  1         (3)(a)  Any person who fails to include the statement

  2  of manipulation and approval required in subsection (1) is

  3  subject to a fine of $2 per piece, if distributed in print

  4  form, or a fine of up to $5,000 if broadcast on television.

  5         (b)  Any candidate or elected public official who fails

  6  to submit the statement of authorization required in

  7  subsection (1) is subject to a fine of up to $5,000.

  8         (c)  The Florida Elections Commission shall determine

  9  and assess all fines under this section, and all fines

10  collected under this section shall be deposited in the

11  Elections Commission Trust Fund.

12         Section 2.  This act shall take effect January 1, 1998.

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15                          HOUSE SUMMARY

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      Requires a political advertisement that includes a
17    manipulated picture of a candidate or elected public
      official to include a statement that the picture has been
18    manipulated and that the candidate or elected public
      official in that picture has approved the use of the
19    picture in that political advertisement.  Requires the
      candidate or elected public official to provide a
20    statement of authorization to the communications medium
      responsible for publishing, displaying, broadcasting, or
21    otherwise distributing the advertisement.  Provides fines
      for failure to supply the required statements.
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