Senate Bill sb1860

    Florida Senate - 2006                                  SB 1860

    By Senator Aronberg





    27-1219-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to election code violations;

  3         amending s. 104.271, F.S.; including persons,

  4         political committees, electioneering

  5         communications entities, and political

  6         organizations subject to the requirements of 26

  7         U.S.C. s. 527 in a prohibition on maliciously

  8         making a false statement about a candidate;

  9         providing penalties; providing an effective

10         date.

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

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14         Section 1.  Section 104.271, Florida Statutes, is

15  amended to read:

16         104.271  False or malicious charges against, or false

17  statements about, opposing candidates; penalty.--

18         (1)  Any candidate who, in a primary election or other

19  election, willfully charges an opposing candidate

20  participating in such election with a violation of any

21  provision of this code, which charge is known by the candidate

22  making such charge to be false or malicious, is guilty of a

23  felony of the third degree, punishable as provided in s.

24  775.082 or s. 775.083 and, in addition, after conviction shall

25  be disqualified to hold office.

26         (2)  Any candidate, person, political committee,

27  electioneering communications entity, or political

28  organization subject to the requirements of 26 U.S.C. s. 527

29  that who, in a primary election or other election, with actual

30  malice makes or causes to be made any statement about a an

31  opposing candidate which is false commits is guilty of a

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    Florida Senate - 2006                                  SB 1860
    27-1219-06                                              See HB




 1  violation of this code. An aggrieved candidate may file a

 2  complaint with the Florida Elections Commission pursuant to s.

 3  106.25. The commission shall adopt rules to provide an

 4  expedited hearing of complaints filed under this subsection.

 5  Notwithstanding any other provision of law, the commission

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

 7  candidate, person, political committee, electioneering

 8  communications entity, or political organization subject to

 9  the requirements of 26 U.S.C. s. 527 found in violation of

10  this subsection, which shall be deposited to the account of

11  the General Revenue Fund of the state.

12         Section 2.  This act shall take effect July 1, 2006.

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