HB 749

1
A bill to be entitled
2An act relating to campaign financing; creating s.
3106.113, F.S.; defining the terms "local government" and
4"public funds"; prohibiting a local government from
5expending, directly or indirectly, public funds to support
6or oppose an issue, referendum, or amendment that is
7subject to a vote of the electors; prohibiting a person or
8group from accepting public funds from a local government
9that are intended to support or oppose an issue,
10referendum, or amendment that is subject to a vote of the
11electors; prohibiting a local government from expending
12public funds for a political advertisement; providing an
13exception for a communication from a local government that
14factually and objectively describes the purposes of an
15issue, referendum, or amendment and does not advocate for
16the passage or defeat of the issue, referendum, or
17amendment; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 106.113, Florida Statutes, is created
22to read:
23     106.113  Expenditures by local governments.--
24     (1)  As used in this section, the term:
25     (a)  "Local government" means:
26     1.  A county, municipality, school district, or other
27political subdivision in this state; and
28     2.  Any department, agency, board, bureau, district,
29commission, authority, or similar body of a county,
30municipality, school district, or other political subdivision of
31this state.
32     (b)  "Public funds" means all moneys under the jurisdiction
33or control of a local government.
34     (2)  A local government or a person acting on behalf of a
35local government may not expend, directly or indirectly, public
36funds to support or oppose an issue, referendum, or amendment
37that is subject to a vote of the electors.
38     (3)  A person or group may not accept public funds from a
39local government or a person acting on behalf of a local
40government that are intended to support or oppose an issue,
41referendum, or amendment that is subject to a vote of the
42electors.
43     (4)  A local government or a person acting on behalf of a
44local government may not expend or authorize the expenditure of
45public funds for a political advertisement.
46     (5)  This section does not apply to a communication from a
47local government or a person acting on behalf of a local
48government that factually and objectively describes the purpose
49of an issue, referendum, or amendment and does not advocate for
50the passage or defeat of the issue, referendum, or amendment.
51However, before a communication authorized under this subsection
52may be disseminated, the communication must be approved by a
53majority of the members of the elected body of the local
54government.
55     (6)  This section does not prohibit the use of public
56meeting places that are under the control of the local
57government by candidates, political organizations, or others if
58the meeting places are made available to all candidates,
59political organizations, or others on an equal basis. However,
60this subsection does not create a right of a candidate or
61political organization to use such public meeting places.
62     Section 2.  This act shall take effect July 1, 2007.


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