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





                                                   HOUSE AMENDMENT

                                                  Bill No. SB 2200

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Feeney offered the following:

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13         Amendment (with title amendment) 

14         On page 1, between lines 13 and 14 of the bill

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16  insert:

17         Section 1.  Subsections (2) and (3) of section 104.31,

18  Florida Statutes, are renumbered as subsections (3) and (4),

19  respectively, and effective January 1, 2000, a new subsection

20  (2) is added to said section, to read:

21         104.31  Political activities of state, county, and

22  municipal officers and employees.--

23         (2)  No public officer, employee of any agency, or

24  local government attorney shall use or authorize the use of

25  any of the facilities  of a public office or agency, directly

26  or indirectly, for the purpose of promoting or opposing a

27  candidate; an issue as defined in s. 106.011(7); or for

28  testimonials, thank you promotions, or other forms of paid

29  media advertising on behalf of a public official.  For

30  purposes of this subsection facilities of public office or

31  agency include, but are not limited to, use of stationery,

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    File original & 9 copies    04/27/99
    her0001                     01:43 pm         02200-0033-833921




                                                   HOUSE AMENDMENT

                                                  Bill No. SB 2200

    Amendment No. 1 (for drafter's use only)





 1  postage, machines and equipment, use of employees of the

 2  office or agency during working hours, vehicles, office space,

 3  publications of the office or agency, and clientele lists of

 4  persons served by the office or agency.  This subsection shall

 5  not apply to the following activities:

 6         (a)  Action taken at an open public meeting by members

 7  of an elected legislative body as defined in s. 447.203(10) to

 8  express a collective decision, or to actually vote upon a

 9  motion, proposal, resolution, order, or ordinance, or to

10  support or oppose an issue as defined in s. 106.011(7);

11         (b)  Lobbying before a legislative body for the purpose

12  of advocating the official position of an agency or public

13  office on matters of public interest, to the extent otherwise

14  permitted by law, specific appropriation or agency policy.

15         (c)  A statement by an elected official in support of

16  or in opposition to an issue as defined in s. 106.011(7) at an

17  open press conference or in response to a specific inquiry;

18         (d)  The use of a publicly-owned or publicly-controlled

19  building or office for a campaign for public office, or for

20  the promotion of an issue or legislation where the

21  governmental entity has clearly adopted and made generally

22  known a policy establishing the property as a public forum

23  open to all on equal terms on a nondiscriminatory basis.

24         (e)  An elected official's communication during the

25  normal course of business with his or her constituents in

26  which information about legislative or public issues is

27  provided.

28         (f)  Payroll deductions for health insurance or other

29  benefit plans, taxes, charitable organizations, or membership

30  dues payable to a professional association, corporation, labor

31  organization, or the like.

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    File original & 9 copies    04/27/99
    her0001                     01:43 pm         02200-0033-833921




                                                   HOUSE AMENDMENT

                                                  Bill No. SB 2200

    Amendment No. 1 (for drafter's use only)





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 2  For purposes of this subsection, "communications" include, but

 3  are not limited to, providing information via Internet World

 4  Wide Web home pages, newsletters, and other periodic

 5  communications such as letters, surveys, questionnaires,

 6  flyers, or postcards.

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 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 1, line 2

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13  after the semicolon insert:

14         amending s. 104.31, F.S.; prohibiting the use

15         of public facilities for promoting or opposing

16         a candidate or issue; providing exceptions;

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    File original & 9 copies    04/27/99
    her0001                     01:43 pm         02200-0033-833921