Senate Bill 0886c1

    Florida Senate - 1998                            CS for SB 886

    By the Committee on Executive Business, Ethics and Elections
    and Senator Bronson




    313-1838-98

  1                      A bill to be entitled

  2         An act relating to political advertisements;

  3         amending s. 106.143, F.S.; providing

  4         requirements for use of manipulated images in

  5         political advertisements; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Subsection (4) of section 106.143, Florida

11  Statutes, is amended to read:

12         106.143  Political advertisements circulated prior to

13  election; requirements.--

14         (4)(a)  Any political advertisement, including those

15  paid for by a political party, other than an independent

16  expenditure, offered by or on behalf of a candidate or elected

17  public official must be approved in advance by the candidate

18  or elected public official.  Such political advertisement must

19  expressly state that the content of the advertisement was

20  approved by the candidate or elected public official and must

21  state who paid for the advertisement.  The candidate or

22  elected public official shall provide a written statement of

23  authorization to the newspaper, radio station, television

24  station, or other medium for each such advertisement submitted

25  for publication, display, broadcast, or other distribution.

26         (b)  Any person who makes an independent expenditure

27  for a political advertisement shall provide a written

28  statement that no candidate has approved the advertisement to

29  the newspaper, radio station, television station, or other

30  medium for each such advertisement submitted for publication,

31  display, broadcast, or other distribution.  The advertisement

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






    Florida Senate - 1998                            CS for SB 886
    313-1838-98




  1  must also contain a statement that no candidate has approved

  2  the advertisement.

  3         (c)  Any political advertisement that includes a

  4  picture in which a candidate's or elected public official's

  5  physical appearance has been changed from an original

  6  photographic, motion picture film, or digital image, except

  7  for reproduction, cropping, contrasting, or color correction,

  8  must also include a statement that the physical appearance of

  9  the candidate or elected public official has been changed. In

10  addition, any candidate, elected public official, or other

11  person who pays for such a political advertisement must

12  provide a written statement to the communications medium

13  responsible for publishing, displaying, broadcasting, or

14  otherwise distributing the advertisement indicating that the

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

16  has been changed.

17         (d)(c)  This subsection does not apply to campaign

18  messages used by a candidate and his or her supporters if

19  those messages are designed to be worn by a person.

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

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                              SB 886

24

25  Deletes requirements relating to opposing candidate approval
    for manipulated image political advertisements; amends the
26  disclaimer requirement for such advertisements; amends the
    penalty for violations to $1,000 per offense, instead of a
27  $2,500, one-time penalty; makes technical changes to
    incorporate disclaimer and filing requirements into current
28  Florida law.

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