House Bill 0451

    Florida House of Representatives - 1999                 HB 451

        By Representative Posey






  1                      A bill to be entitled

  2         An act relating to elections; providing a short

  3         title; providing a statement of legislative

  4         intent; amending s. 104.271, F.S.; expanding

  5         applicability of the prohibition against making

  6         false or malicious charges against, or false

  7         statements about, candidates; eliminating the

  8         requirement of actual malice in the prohibition

  9         against making false statements about

10         candidates and providing for personal liability

11         with respect thereto; clarifying and providing

12         penalties; providing an effective date.

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

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16         Section 1.  This act may be cited as the "Truth in

17  Campaigning Act."

18         Section 2.  Legislative intent.--The Legislature finds

19  that there has been a marked decline in civility and honesty

20  in both state and national politics; that truthful campaigning

21  has been replaced by a series of distortions,

22  mischaracterizations, and untruths.  Such tactics have the

23  effect of stifling, overwhelming, or chilling the

24  dissemination of truthful information; and that the

25  dissemination of truthful information is the single most

26  important goal advanced by free speech.  Additionally, such

27  tactics discourage participation in the political process.

28  Therefore, the Legislature finds it necessary to hold all

29  persons accountable for the truthfulness of their statements

30  regarding candidates.

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






    Florida House of Representatives - 1999                 HB 451

    532-216-99






  1         Section 3.  Section 104.271, Florida Statutes, is

  2  amended to read:

  3         104.271  False or malicious charges against, or false

  4  statements about, opposing candidates; penalty.--

  5         (1)  Any person candidate who, in any a primary

  6  election or other election, willfully charges a an opposing

  7  candidate participating in such election with a violation of

  8  any provision of this code, which charge is known by the

  9  person candidate making such charge to be false or malicious,

10  is guilty of a felony of the third degree, punishable as

11  provided in s. 775.082 or s. 775.083, and, upon in addition,

12  after conviction is shall be disqualified to hold office until

13  restoration of civil rights, as provided in s. 4, Art. VI of

14  the State Constitution.

15         (2)  Any person candidate who, in any a primary

16  election or other election, with actual malice makes or causes

17  to be made any statement about a an opposing candidate which

18  he knows or reasonably should know is false or which was made

19  in negligent disregard for the truth, is guilty of a violation

20  of this code.  An aggrieved candidate may file a complaint

21  with the Florida Elections Commission pursuant to s. 106.25.

22  The commission shall adopt rules to provide an expedited

23  hearing of complaints filed under this subsection.

24  Notwithstanding any other provision of law, the commission

25  shall assess a civil penalty of up to $5,000 against any

26  person candidate found in violation of this subsection, which

27  shall be deposited to the account of the General Revenue Fund

28  of the state. The penalty shall be commensurate with the

29  commission's determination of the extent of the damages

30  suffered by the candidate and the scope, substance, or intent

31  of the violation. In addition, any person who makes or causes

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






    Florida House of Representatives - 1999                 HB 451

    532-216-99






  1  to be made any statement about a candidate which he or she

  2  knows or reasonably should know is false or which was made in

  3  negligent disregard for the truth, shall be personally liable

  4  for damages.

  5         Section 4.  This act shall take effect January 1, 2000.

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  8                          SENATE SUMMARY

  9    Expands the prohibition against making false or malicious
      charges or statements about candidates for election.
10    Deletes a requirement of actual malice for a violation.

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