Senate Bill sb1196

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    Florida Senate - 2002                                 SJR 1196

    By Senator Posey





    15-1249-02                                         See HJR 709

  1                 Senate Joint Resolution No. ___

  2         A joint resolution proposing the amendment of

  3         Section 1 and the creation of Section 8 of

  4         Article VI of the State Constitution relating

  5         to political advertising.

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  7  Be It Resolved by the Legislature of the State of Florida:

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  9         That the following amendment of Section 1 and creation

10  of Section 8 of Article VI of the State Constitution are

11  agreed to and shall be submitted to the electors of this state

12  for approval or rejection at the next general election or at

13  an earlier special election specifically authorized by law for

14  that purpose:

15                            ARTICLE VI

16                      SUFFRAGE AND ELECTIONS

17         SECTION 1.  Regulation of elections.--All elections by

18  the people shall be by direct and secret vote.  General

19  elections shall be determined by a plurality of votes cast.

20  Except as otherwise provided in section 8 of this article,

21  registration and elections shall, and political party

22  functions may, be regulated by law; however, the requirements

23  for a candidate with no party affiliation or for a candidate

24  of a minor party for placement of the candidate's name on the

25  ballot shall be no greater than the requirements for a

26  candidate of the party having the largest number of registered

27  voters.

28         SECTION 8.  Regulation of political advertising.--

29         (a)  The financing of any political advertisement,

30  including any campaign-related advertisement, shall be

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    Florida Senate - 2002                                 SJR 1196
    15-1249-02                                         See HJR 709




  1  required to be reported or otherwise disclosed as provided by

  2  general law.

  3         (b)  For the purposes of this section, the term:

  4         (1)  "Political advertisement" means a paid expression

  5  in any communications medium, or by means other than the

  6  spoken word in direct conversation, which shall support or

  7  oppose any candidate, elected public official, or issue.

  8  However, "political advertisement" does not include a

  9  statement by an organization, in existence prior to the time

10  during which a candidate qualifies or an issue is placed on

11  the ballot for that election, in support of or opposition to a

12  candidate or issue, in that organization's newsletter, which

13  newsletter is distributed only to the members of that

14  organization, or editorial endorsements by any newspaper,

15  radio or television station, or other recognized news medium.

16         (2)  "Campaign-related advertisement" means a paid

17  expression in any communications medium, or by means other

18  than the spoken word in direct conversation, which does not

19  specifically support or oppose any candidate or issue, but

20  which does substantially mention or show a clearly

21  identifiable candidate for election or reelection, is

22  distributed at any point during the period following the last

23  day of qualifying for that candidacy through the ensuing

24  general election, and is distributed within the geographic

25  location represented by the office sought by the candidate

26  mentioned or shown and which, when examined by a reasonable

27  person, would be understood as, and is therefore presumed to

28  be, a communication made for the purpose of influencing the

29  results of an election on that candidacy during that period,

30  and for which aggregate expenditures on like advertisements

31  exceed $1,000 in 2002 dollars.  However, "campaign-related

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    Florida Senate - 2002                                 SJR 1196
    15-1249-02                                         See HJR 709




  1  advertisement" does not include editorial endorsements by any

  2  newspaper, radio or television station, or other recognized

  3  news medium.

  4         BE IT FURTHER RESOLVED that the following statement be

  5  placed on the ballot:

  6                    CONSTITUTIONAL AMENDMENT

  7                   ARTICLE VI, SECTIONS 1 AND 8

  8         POLITICAL ADVERTISEMENTS.--Proposing an amendment to

  9  the State Constitution to provide that political

10  advertisements, including campaign-related advertisements,

11  shall be subject to reporting or disclosure as provided by

12  general law.

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