House Bill 0731e2

                                       CS/HB 731, Second Engrossed



  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 changed 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:

10

11         Section 1.  Section 106.1433, Florida Statutes, is

12  created to read:

13         106.1433  Use of changed images in political

14  advertisements; requirements; definitions; penalties.--

15         (1)  A political advertisement that includes a picture

16  in which a political candidate's or elected official's

17  physical appearance has been changed must obtain a written

18  authorization by the candidate or the elected official whose

19  picture has been changed.  In lieu of such an authorization,

20  the advertisement must contain a statement that the physical

21  appearance of the person has been changed and that the

22  candidate or the elected public official using the picture has

23  seen the changed picture and approved its use in that

24  advertisement.

25         (2)  Any person or organization using a political

26  advertisement that includes a changed  picture of a

27  candidate's or elected public official's physical appearance

28  must provide a written statement to the communications medium

29  responsible for publishing, displaying, broadcasting, or

30  otherwise distributing the advertisement, indicating that the

31  candidate or elected public official in the picture has


                                  1

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






                                       CS/HB 731, Second Engrossed



  1  authorized in writing its use in that advertisement.  In lieu

  2  of such a written statement, a person or organization using a

  3  political advertisement that includes a changed picture must

  4  provide a written statement to the communications medium

  5  responsible for publishing, displaying, broadcasting, or

  6  otherwise distributing the advertisement indicating that the

  7  candidate's or elected public official's physical appearance

  8  has been changed.

  9         (3)  For the purposes of this section, the term:

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

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

12         (b)  "Changed" means changed from the original image,

13  but does not include any reproduction, cropping, contrasting,

14  or color correcting.

15         (4)(a)  Any person or organization that fails to comply

16  with subsection (1) or subsection (2) is subject to a one-time

17  fine of up to $2,500.

18         (b)  The Florida Elections Commission shall determine

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

20  collected under this section shall be deposited in the

21  Elections Commission Trust Fund.

22         Section 2.  This act shall take effect January 1 of the

23  year after the year in which enacted.

24

25

26

27

28

29

30

31


                                  2