Senate Bill sb0734

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

22  

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

24  

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

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






    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,

                                  2

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






    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.

 5  

 6            *****************************************

 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.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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