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A bill to be entitled

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An act relating to political advertisements; amending s.

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106.071, F.S.; exempting certain online advertisements

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from the requirement to contain a disclaimer; amending s.

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106.1439, F.S.; requiring that the main page, initial

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page, or homepage of a webpage or website operated by a

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political campaign or on behalf of a political candidate

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or party on or within a social networking website contain

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the disclaimer required by state law; providing that any

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related secondary pages need not contain such disclaimer;

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exempting certain text message, multimedia messages, and

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e-mail communications from the requirement to contain a

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disclaimer; providing an effective date.

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     WHEREAS, current election law in this state fails to address

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the changing ways in which society communicates, and

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     WHEREAS, requirements regarding disclaimers in political

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advertisements as well as other similar provisions could be

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interpreted to prevent political advertisements through major

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communications outlets such as Google Adwords and text messaging,

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and

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     WHEREAS, state law does not distinguish between paid

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political advertising and unpaid forums such as blogs and social

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networking sites, NOW, THEREFORE,

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

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     Section 1.  Present subsection (4) of section 106.071,

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Florida Statutes, is renumbered as subsection (5) and a new

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subsection (4) is added to that section, to read:

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     106.071  Independent expenditures; electioneering

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communications; reports; disclaimers.--

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     (4) Subsection (2) does not apply to online advertisements

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consisting of:

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     (a) Three hundred words or fewer; or

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     (b) Thirty thousand square pixels or fewer.

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     Section 2.  Subsection (1) of section 106.1439, Florida

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Statutes, is amended to read:

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     106.1439  Electioneering communications; disclaimers.--

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     (1)  Any electioneering communication shall prominently

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state: "Paid electioneering communication paid for by (Name and

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address of person paying for the communication)." The following

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exceptions apply:

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     (a) The main page, initial page, or homepage of a webpage

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or website operated by a political campaign or on behalf of a

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political candidate or party on or within a social networking

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website must contain the disclaimer required by this subsection.

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Any related secondary pages within such social networking

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websites, including, but not limited to, photo pages do not

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require such disclaimer.

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     (b) This subsection does not apply to:

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     1. Text messages or multimedia messages to persons who have

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elected in writing, through a campaign website, or otherwise to

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receive such messages. A campaign shall keep a record of all

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persons electing to receive such messages.

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     2. E-mail communications between campaign staff and

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registered supporters of a campaign.

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     Section 3.  This act shall take effect July 1, 2008.