Senate Bill sb0734
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Florida Senate - 2007 SB 734
By Senator Justice
16-724A-07
1 A bill to be entitled
2 An act relating to campaign financing; creating
3 s. 106.113, F.S.; defining the terms "local
4 government" and "public funds"; prohibiting a
5 local government from expending, directly or
6 indirectly, public funds to support or oppose
7 an issue, referendum, or amendment that is
8 subject to a vote of the electors; prohibiting
9 a person or group from accepting public funds
10 from a local government that are intended to
11 support or oppose an issue, referendum, or
12 amendment that is subject to a vote of the
13 electors; prohibiting a local government from
14 expending public funds for a political
15 advertisement; providing an exception for a
16 communication from a local government which
17 factually and objectively describes the
18 purposes of an issue, referendum, or amendment
19 and does not advocate for the passage or defeat
20 of the issue, referendum, or amendment;
21 providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Section 106.113, Florida Statutes, is
26 created to read:
27 106.113 Expenditures by local governments.--
28 (1) As used in this section, the term:
29 (a) "Local government" means:
30 1. A county, municipality, school district, or other
31 political subdivision in this state; and
1
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Florida Senate - 2007 SB 734
16-724A-07
1 2. Any department, agency, board, bureau, district,
2 commission, authority, or similar body of a county,
3 municipality, school district, or other political subdivision
4 of this state.
5 (b) "Public funds" means all moneys under the
6 jurisdiction or control of the local government.
7 (2) A local government or a person acting on behalf of
8 a local government may not expend, directly or indirectly,
9 public funds to support or oppose an issue, referendum, or
10 amendment that is subject to a vote of the electors.
11 (3) A person or group may not accept public funds from
12 a local government or a person acting on behalf of a local
13 government which are intended to support or oppose an issue,
14 referendum, or amendment that is subject to a vote of the
15 electors.
16 (4) A local government or a person acting on behalf of
17 a local government may not expend or authorize the expenditure
18 of public funds for a political advertisement.
19 (5) This section does not apply to a communication
20 from a local government or a person acting on behalf of a
21 local government which factually and objectively describes the
22 purpose of an issue, referendum, or amendment and does not
23 advocate for the passage or defeat of the issue, referendum,
24 or amendment. However, before a communication authorized under
25 this subsection may be disseminated, the communication must be
26 approved by a majority of the members of the elected body of
27 the local government.
28 (6) This section does not prohibit the use of public
29 meeting places that are under the control of the local
30 government by candidates, political organizations, or others
31 if the meeting places are made available to all candidates,
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Florida Senate - 2007 SB 734
16-724A-07
1 political organizations, or others on an equal basis. However,
2 this subsection does not create a right of a candidate or
3 political organization to use such public meeting places.
4 Section 2. This act shall take effect July 1, 2007.
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7 SENATE SUMMARY
8 Prohibits a local government from expending, directly or
indirectly, public funds to support or oppose an issue,
9 referendum, or amendment that is subject to a vote of the
electors. Prohibits a person or group from accepting
10 public funds from a local government that are intended to
support or oppose an issue, referendum, or amendment that
11 is subject to a vote of the electors. Prohibits a local
government from expending public funds for a political
12 advertisement. Provides an exception for a communication
from a local government which factually and objectively
13 describes the purposes of an issue, referendum, or
amendment and does not advocate for the passage or defeat
14 of the issue, referendum, or amendment.
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