Senate Bill 0886

    Florida Senate - 1998                                   SB 886

    By Senator Bronson





    18-836-98                                               See HB

  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:

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

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






    Florida Senate - 1998                                   SB 886
    18-836-98                                               See HB




  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         (3)(a)  Any person or organization that violates this

16  section is subject to a one-time fine of up to $2,500.

17         (b)  The Florida Elections Commission shall determine

18  and assess all fines under this section and deposit them in

19  the Elections Commission Trust Fund.

20         Section 2.  This act shall take effect January 1, 1999.

21

22            *****************************************

23                          SENATE SUMMARY

24    Requires a political advertisement that includes a
      manipulated picture of a candidate or elected public
25    official to include a statement that the picture has been
      manipulated and that the candidate or elected public
26    official in that picture has approved the use of the
      picture in that political advertisement.  Requires the
27    candidate or elected public official to provide a
      statement of authorization to the communications medium
28    responsible for publishing, displaying, broadcasting, or
      otherwise distributing the advertisement.  Provides fines
29    for violations.

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