House Bill hb0709

    Florida House of Representatives - 2002                HJR 709

        By Representative Byrd






  1                      House Joint Resolution

  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 amendment of Section 1 and the creation of

10  Section 8 of Article VI of the State Constitution set forth

11  below are agreed to and shall be submitted to the electors of

12  Florida for approval or rejection at the general election to

13  be held in November 2002:

14                            ARTICLE VI

15                      SUFFRAGE AND ELECTIONS

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

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

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

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

20  registration and elections shall, and political party

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

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

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

24  ballot shall be no greater than the requirements for a

25  candidate of the party having the largest number of registered

26  voters.

27         SECTION 8.  Regulation of political advertising.--

28         (a)  The financing of any political advertisement,

29  including any campaign-related advertisement, shall be

30  required to be reported or otherwise disclosed as provided by

31  general law.

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






    Florida House of Representatives - 2002                HJR 709

    577-187-02






  1         (b)  For the purposes of this section:

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

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

  4  spoken word in direct conversation, which shall support or

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

  6  However, "political advertisement" does not include a

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

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

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

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

11  newsletter is distributed only to the members of that

12  organization, or editorial endorsements by any newspaper,

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

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

15  expression in any communications medium, or by means other

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

17  specifically support or oppose any candidate or issue, but

18  which does substantially mention or show a clearly

19  identifiable candidate for election or reelection, is

20  distributed at any point during the period following the last

21  day of qualifying for that candidacy through the ensuing

22  general election, and is distributed within the geographic

23  location represented by the office sought by the candidate

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

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

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

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

28  and for which aggregate expenditures on like advertisements

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

30  advertisement" does not include editorial endorsements by any

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    Florida House of Representatives - 2002                HJR 709

    577-187-02






  1  newspaper, radio or television station, or other recognized

  2  news medium.

  3         BE IT FURTHER RESOLVED that in accordance with the

  4  requirements of section 101.161, Florida Statutes, the title

  5  and substance of the amendment proposed herein shall appear on

  6  the ballot as follows:

  7                     POLITICAL ADVERTISEMENTS

  8         Provides that political advertisements, including

  9  campaign-related advertisements, shall be subject to reporting

10  or disclosure as provided by general law.

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