HB 961

1
A bill to be entitled
2An act relating to election code violations; amending s.
3104.271, F.S.; including persons, political committees,
4electioneering communications entities, and political
5organizations subject to the requirements of 26 U.S.C. s.
6527 in a prohibition on maliciously making a false
7statement about a candidate; providing penalties;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (2) of section 104.271, Florida
13Statutes, is amended to read:
14     104.271  False or malicious charges against, or false
15statements about, opposing candidates; penalty.--
16     (2)  Any candidate, person, political committee,
17electioneering communications entity, or political organization
18subject to the requirements of 26 U.S.C. s. 527 that who, in a
19primary election or other election, with actual malice makes or
20causes to be made any statement about a an opposing candidate
21which is false commits is guilty of a violation of this code. An
22aggrieved candidate may file a complaint with the Florida
23Elections Commission pursuant to s. 106.25. The commission shall
24adopt rules to provide an expedited hearing of complaints filed
25under this subsection. Notwithstanding any other provision of
26law, the commission shall assess a civil penalty of up to $5,000
27against any candidate, person, political committee,
28electioneering communications entity, or political organization
29subject to the requirements of 26 U.S.C. s. 527 found in
30violation of this subsection, which shall be deposited to the
31account of the General Revenue Fund of the state.
32     Section 2.  This act shall take effect July 1, 2006.


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