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: |
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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. |