CODING: Words stricken are deletions; words underlined are additions.House Bill 0993
Florida House of Representatives - 1997 HB 993
By Representative Andrews
1 A bill to be entitled
2 An act relating to political advertisements;
3 amending s. 106.143, F.S.; requiring candidate
4 review of certain political advertisements;
5 providing requirements therefor, including
6 notice to the applicable communications medium;
7 providing applicability to independent
8 expenditures and to advertisements paid for by
9 political parties; providing civil penalties;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 106.143, Florida Statutes, is
15 amended to read:
16 106.143 Political advertisements circulated prior to
17 election; requirements.--
18 (1) Any political advertisement and any campaign
19 literature published, displayed, or circulated prior to, or on
20 the day of, any election shall:
21 (a) Be marked "paid political advertisement" or with
22 the abbreviation "pd. pol. adv."
23 (b) Identify the persons or organizations sponsoring
24 the advertisement.
25 (c)1.a. State whether the advertisement and the cost
26 of production is paid for or provided in kind by or at the
27 expense of the entity publishing, displaying, broadcasting, or
28 circulating the political advertisement; or
29 b. State who provided or paid for the advertisement
30 and cost of production, if different from the source of
31 sponsorship.
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1 2. This paragraph shall not apply if the source of the
2 sponsorship is patently clear from the content or format of
3 the political advertisement or campaign literature.
4
5 This subsection does not apply to campaign messages used by a
6 candidate and the candidate's his or her supporters if those
7 which messages are designed to be worn by a person.
8 (2) Any political advertisement of a candidate running
9 for partisan office in any election shall express the name of
10 the political party of which the candidate is seeking
11 nomination or is the nominee. If the candidate for partisan
12 office is running as an independent candidate, any political
13 advertisement of the candidate must state that the candidate
14 is an independent candidate. Any political advertisement
15 endorsing the candidate shall expressly state whether the
16 permission of the candidate has been obtained to advertise
17 such endorsement.
18 (3) It is unlawful for any candidate or person on
19 behalf of a candidate to represent that any person or
20 organization supports such candidate, unless the person or
21 organization so represented has given specific approval in
22 writing to the candidate to make such representation.
23 However, this subsection section does not apply to:
24 (a) Editorial endorsement by any newspaper, radio or
25 television station, or other recognized news medium.
26 (b) Publication by a party committee advocating the
27 candidacy of its nominees.
28 (4)(a) Any political advertisement, other than an
29 independent expenditure, offered by or in behalf of a
30 candidate must be reviewed in advance by the candidate. Such
31 political advertisement must expressly state that the content
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Florida House of Representatives - 1997 HB 993
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1 of the advertisement was reviewed by the candidate and must
2 state who paid for the advertisement. The candidate shall
3 provide a written statement of review to the newspaper, radio
4 station, television station, or other medium for each such
5 advertisement submitted for publication, display, broadcast,
6 or other distribution.
7 (b) Any person who makes an independent expenditure
8 for a political advertisement in support of or opposition to a
9 candidate shall provide a written statement that no candidate
10 has reviewed the advertisement to the newspaper, radio
11 station, television station, or other medium for each such
12 advertisement submitted for publication, display, broadcast,
13 or other distribution. The advertisement must also contain a
14 statement that no candidate has reviewed the advertisement.
15 (c) Any political advertisement that supports or
16 opposes a candidate and is paid for by a political party must
17 expressly state that the content of the advertisement was or
18 was not reviewed by the candidate that it was intended to
19 benefit. In any proceeding before the elections commission
20 between a candidate and the candidate's political party
21 concerning a candidate's review of a political advertisement,
22 the political party bears the burden of proof regarding the
23 review.
24 (5)(4) No political advertisement of a candidate who
25 is not an incumbent of the office for which the candidate he
26 or she is running shall use the word "re-elect." Additionally,
27 such advertisement must include the word "for" between the
28 candidate's name and the office for which the candidate he or
29 she is running, in order that incumbency is not implied. This
30 subsection does not apply to bumper stickers or items designed
31 to be worn by a person.
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1 (6)(5) This section does shall not apply to novelty
2 items having a retail of nominal value of $10 or less which
3 support, but do not oppose, a candidate or issue.
4 (7)(6) Any political advertisement which is published,
5 displayed, or produced in a language other than English may
6 provide the information required by this section in the
7 language used in the advertisement.
8 (8)(7) Any person who willfully violates any provision
9 the provisions of this section is subject to the civil
10 penalties prescribed in s. 106.265.
11 Section 2. This act shall take effect July 1, 1997.
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14 HOUSE SUMMARY
15
Requires any political advertisement, other than an
16 independent expenditure, for a candidate to be reviewed
in advance by the candidate. Requires the candidate to
17 provide a written statement of review to the newspaper,
radio station, television station, or other medium for
18 each political advertisement submitted for publication or
broadcast. Provides requirements for any person who
19 makes an independent expenditure for a political
advertisement in support of or opposition to a candidate,
20 including a written statement to the applicable medium
that no candidate has reviewed the advertisement.
21 Provides requirements for political advertisements in
support of or opposition to a candidate that are paid for
22 by a political party, including a statement of whether
the advertisement was or was not reviewed. Provides
23 civil penalties.
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