| 1 | A bill to be entitled |
| 2 | An act relating to election code violations; amending s. |
| 3 | 104.271, F.S.; including persons, political committees, |
| 4 | electioneering communications entities, and political |
| 5 | organizations subject to the requirements of 26 U.S.C. s. |
| 6 | 527 in a prohibition on maliciously making a false |
| 7 | statement about a candidate; providing penalties; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (2) of section 104.271, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 104.271 False or malicious charges against, or false |
| 15 | statements about, opposing candidates; penalty.-- |
| 16 | (2) Any candidate, person, political committee, |
| 17 | electioneering communications entity, or political organization |
| 18 | subject to the requirements of 26 U.S.C. s. 527 that who, in a |
| 19 | primary election or other election, with actual malice makes or |
| 20 | causes to be made any statement about a an opposing candidate |
| 21 | which is false commits is guilty of a violation of this code. An |
| 22 | aggrieved candidate may file a complaint with the Florida |
| 23 | Elections Commission pursuant to s. 106.25. The commission shall |
| 24 | adopt rules to provide an expedited hearing of complaints filed |
| 25 | under this subsection. Notwithstanding any other provision of |
| 26 | law, the commission shall assess a civil penalty of up to $5,000 |
| 27 | against any candidate, person, political committee, |
| 28 | electioneering communications entity, or political organization |
| 29 | subject to the requirements of 26 U.S.C. s. 527 found in |
| 30 | violation of this subsection, which shall be deposited to the |
| 31 | account of the General Revenue Fund of the state. |
| 32 | Section 2. This act shall take effect July 1, 2006. |