Senate Bill 0366c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 366
By the Committee on Ethics and Elections; and Senators
Saunders, Rossin, Hargrett, Sebesta and Kirkpatrick
313-667-00
1 A bill to be entitled
2 An act relating to political campaigns;
3 repealing s. 103.121(5), F.S., which limits
4 political party endorsements or recommendations
5 of primary candidates; amending s. 106.071,
6 F.S.; clarifying that certain persons who make
7 independent expenditures that expressly
8 advocate the election or defeat of candidates
9 or the approval or rejection of issues must
10 file periodic expenditure reports; allowing
11 certain individuals to make anonymous
12 independent expenditures; amending s. 106.143,
13 F.S.; authorizing certain individuals to engage
14 in anonymous political advertising; providing
15 an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (5) of section 103.121, Florida
20 Statutes, is repealed.
21 Section 2. Section 106.071, Florida Statutes, is
22 amended to read:
23 106.071 Independent expenditures; reports;
24 disclaimers.--
25 (1) Each person who makes an independent expenditure
26 that expressly advocates the election or defeat of a candidate
27 or the approval or rejection of an issue with respect to any
28 candidate or issue, which expenditure, in the aggregate, is in
29 the amount of $100 or more, must shall file periodic reports
30 of such expenditures in the same manner, at the same time, and
31 with the same officer as a political committee supporting or
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 366
313-667-00
1 opposing such candidate or issue. The report must shall
2 contain the full name and address of each person to whom and
3 for whom each such expenditure has been made; the amount,
4 date, and purpose of each such expenditure; a description of
5 the services or goods obtained by each such expenditure; and
6 the name and address of, and office sought by, each candidate
7 on whose behalf such expenditure was made. Any political
8 advertisement paid for by an independent expenditure, other
9 than an independent expenditure by an individual which, in the
10 aggregate, is in the amount of $500 or less, must shall
11 prominently state "Paid political advertisement paid for by
12 ...(Name of person or committee paying for advertisement)...
13 independently of any ...(candidate or committee)...," and must
14 shall contain the name and address of the person paying for
15 the political advertisement.
16 (2) Any person who fails to include the disclaimer
17 prescribed in subsection (1) in any political advertisement
18 that which is required to contain such disclaimer is guilty of
19 a misdemeanor of the first degree, punishable as provided in
20 s. 775.082 or s. 775.083.
21 (3) No person may make a contribution in excess of
22 $1,000 to any other person, to be used by such other person to
23 make an independent expenditure.
24 Section 3. Subsection (1) of section 106.143, Florida
25 Statutes, is amended to read:
26 106.143 Political advertisements circulated prior to
27 election; requirements.--
28 (1) Any political advertisement and any campaign
29 literature published, displayed, or circulated prior to, or on
30 the day of, any election must shall:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 366
313-667-00
1 (a) Be marked "paid political advertisement" or with
2 the abbreviation "pd. pol. adv."
3 (b) Identify the persons or organizations sponsoring
4 the advertisement.
5 (c)1.a. State whether the advertisement and the cost
6 of production is paid for or provided in kind by or at the
7 expense of the entity publishing, displaying, broadcasting, or
8 circulating the political advertisement; or
9 b. State who provided or paid for the advertisement
10 and cost of production, if different from the source of
11 sponsorship.
12 2. This paragraph does shall not apply if the source
13 of the sponsorship is patently clear from the content or
14 format of the political advertisement or campaign literature.
15
16 This subsection does not apply to campaign messages used by a
17 candidate and the candidate's supporters if those messages are
18 designed to be worn by a person; nor does it apply to
19 political advertisements and campaign literature the
20 expenditure for which, in the aggregate, is in the amount of
21 $500 or less, and which are paid for and sponsored by an
22 individual acting independently of any other person.
23 Section 4. This act shall take effect upon becoming a
24 law.
25
26 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
27 SB 366
28
29 Committee Substitute for Senate Bill 366 repeals section
103.121(5), Florida Statutes, which currently requires a
30 political party to forfeit its right to receive party
assessments if it endorses or recommends primary candidates.
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