Bill No. CS/CS/SB 866
Amendment No. 502847
Senate House

1Representative Robaina offered the following:
3     Amendment (with title amendment)
4     Between lines 1440 and 1441, insert:
5     Section 30.  Effective upon this act becoming a law and
6retroactive to January 1, 2006, section 106.071, Florida
7Statutes, is amended to read:
8     106.071  Independent expenditures; electioneering
9communications; reports; disclaimers.--
10     (1)  Each person who makes an independent expenditure with
11respect to any candidate or issue, and each individual who makes
12an expenditure for an electioneering communication which is not
13otherwise reported pursuant to this chapter, which expenditure,
14in the aggregate, is in the amount of $100 or more, shall file
15periodic reports of such expenditures in the same manner, at the
16same time, subject to the same penalties, and with the same
17officer as a political committee supporting or opposing such
18candidate or issue. The report shall contain the full name and
19address of the person making the expenditure; the full name and
20address of each person to whom and for whom each such
21expenditure has been made; the amount, date, and purpose of each
22such expenditure; a description of the services or goods
23obtained by each such expenditure; the issue to which the
24expenditure relates; and the name and address of, and office
25sought by, each candidate on whose behalf such expenditure was
27     (2)  Any political advertisement paid for by an independent
28expenditure shall prominently state "Paid political
29advertisement paid for by   (Name and address of person paying
30for advertisement)   independently of any   (candidate or
31committee)  ."
32     (3)  Subsection (2) does not apply to novelty items having
33a retail value of $10 or less which support, but do not oppose,
34a candidate or issue. Subsection (2) does not apply to an
35individual who uses his or her personal resources and acts
36independent of any candidate or committee.
37     (4)  Any person who fails to include the disclaimer
38prescribed in subsection (2) in any political advertisement that
39is required to contain such disclaimer commits a misdemeanor of
40the first degree, punishable as provided in s. 775.082 or s.
42     Section 31.  Effective upon this act becoming a law and
43retroactive to January 1, 2006, subsection (1) of section
44106.143, Florida Statutes, is amended to read:
45     106.143  Political advertisements circulated prior to
46election; requirements.--
47     (1)(a)  Any political advertisement that is paid for by a
48candidate and that is published, displayed, or circulated prior
49to, or on the day of, any election must prominently state:
50"Political advertisement paid for and approved by   (name of
51candidate)  ,   (party affiliation)  , for   (office sought)  ."
52     (b)  Any other political advertisement published,
53displayed, or circulated prior to, or on the day of, any
54election must prominently:
55     1.  Be marked "paid political advertisement" or with the
56abbreviation "pd. pol. adv."
57     2.  State the name and address of the persons sponsoring
58the advertisement.
59     3.a.(I)  State whether the advertisement and the cost of
60production is paid for or provided in kind by or at the expense
61of the entity publishing, displaying, broadcasting, or
62circulating the political advertisement; or
63     (II)  State who provided or paid for the advertisement and
64cost of production, if different from the source of sponsorship.
65     b.  This subparagraph does not apply if the source of the
66sponsorship is patently clear from the content or format of the
67political advertisement.
68     (c)  Any political advertisement made pursuant to s.
69106.021(3)(d) must be marked "paid political advertisement" or
70with the abbreviation "pd. pol. adv." and must prominently
71state, "Paid for and sponsored by   (name of person paying for
72political advertisement)  . Approved by   (names of persons,
73party affiliation, and offices sought in the political
74advertisement)  ."
76This subsection does not apply to campaign messages used by a
77candidate and the candidate's supporters if those messages are
78designed to be worn by a person. This subsection does not apply
79to an individual who uses his or her personal resources and acts
80independent of any candidate or committee.
81     Section 32.  Effective upon this act becoming a law and
82retroactive to January 1, 2006, section 106.1439, Florida
83Statutes, is amended to read:
84     106.1439  Electioneering communications; disclaimers.--
85     (1)  Any electioneering communication shall prominently
86state: "Paid electioneering communication paid for by   (Name
87and address of person paying for the communication)  ."
88     (2)  Subsection (1) does not apply to an individual who
89uses his or her personal resources and acts independent of any
90candidate or committee.
91     (3)(2)  Any person who fails to include the disclaimer
92prescribed in this section in any electioneering communication
93that is required to contain such disclaimer commits a
94misdemeanor of the first degree, punishable as provided in s.
95775.082 or s. 775.083.
T I T L E  A M E N D M E N T
99     Between lines 81 and 82, insert:
100amending ss. 106.071, 106.143, and 106.1439, F.S.; providing an
101exemption from certain disclaimer requirements for an individual
102who uses his or her personal resources and acts independent of
103any candidate or committee; providing for retroactive

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