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House Bill 0731c1




    Florida House of Representatives - 1997              CS/HB 731

        By the Committee on Election Reform and 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.

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  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  that has been manipulated in any way must contain a statement

17  that the picture has been manipulated and that the candidate

18  or elected public official using the picture has seen the

19  manipulated picture and approved its use in that

20  advertisement. In addition, any person or organization using a

21  political advertisement that includes a manipulated picture of

22  a candidate or elected public official must provide a written

23  statement to the communications medium responsible for

24  publishing, displaying, broadcasting, or otherwise

25  distributing the advertisement, indicating that the candidate

26  or elected public official in the picture has authorized its

27  use in that advertisement.

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

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

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

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    Florida House of Representatives - 1997              CS/HB 731

    168-360-97






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

  2  original image, but does not include any reproduction

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

  4         (3)(a)  Any person or organization that fails to

  5  include the statement of manipulation and approval in a

  6  political advertisement as required in subsection (1) is

  7  subject to a fine of $2 per piece, if the advertisement is

  8  distributed in print form, or a fine of up to $5,000, if the

  9  advertisement is broadcast on television.

10         (b)  Any person or organization that fails to submit

11  the statement of authorization to the communications medium as

12  required in subsection (1) is subject to a fine of up to

13  $5,000.

14         (c)  The Florida Elections Commission shall determine

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

16  collected under this section shall be deposited in the

17  Elections Commission Trust Fund.

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

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