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