| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 1440 and 1441, insert: |
| 5 | Section 30. Effective upon this act becoming a law and |
| 6 | retroactive to January 1, 2006, section 106.071, Florida |
| 7 | Statutes, is amended to read: |
| 8 | 106.071 Independent expenditures; electioneering |
| 9 | communications; reports; disclaimers.-- |
| 10 | (1) Each person who makes an independent expenditure with |
| 11 | respect to any candidate or issue, and each individual who makes |
| 12 | an expenditure for an electioneering communication which is not |
| 13 | otherwise reported pursuant to this chapter, which expenditure, |
| 14 | in the aggregate, is in the amount of $100 or more, shall file |
| 15 | periodic reports of such expenditures in the same manner, at the |
| 16 | same time, subject to the same penalties, and with the same |
| 17 | officer as a political committee supporting or opposing such |
| 18 | candidate or issue. The report shall contain the full name and |
| 19 | address of the person making the expenditure; the full name and |
| 20 | address of each person to whom and for whom each such |
| 21 | expenditure has been made; the amount, date, and purpose of each |
| 22 | such expenditure; a description of the services or goods |
| 23 | obtained by each such expenditure; the issue to which the |
| 24 | expenditure relates; and the name and address of, and office |
| 25 | sought by, each candidate on whose behalf such expenditure was |
| 26 | made. |
| 27 | (2) Any political advertisement paid for by an independent |
| 28 | expenditure shall prominently state "Paid political |
| 29 | advertisement paid for by (Name and address of person paying |
| 30 | for advertisement) independently of any (candidate or |
| 31 | committee) ." |
| 32 | (3) Subsection (2) does not apply to novelty items having |
| 33 | a retail value of $10 or less which support, but do not oppose, |
| 34 | a candidate or issue. Subsection (2) does not apply to an |
| 35 | individual who uses his or her personal resources and acts |
| 36 | independent of any candidate or committee. |
| 37 | (4) Any person who fails to include the disclaimer |
| 38 | prescribed in subsection (2) in any political advertisement that |
| 39 | is required to contain such disclaimer commits a misdemeanor of |
| 40 | the first degree, punishable as provided in s. 775.082 or s. |
| 41 | 775.083. |
| 42 | Section 31. Effective upon this act becoming a law and |
| 43 | retroactive to January 1, 2006, subsection (1) of section |
| 44 | 106.143, Florida Statutes, is amended to read: |
| 45 | 106.143 Political advertisements circulated prior to |
| 46 | election; requirements.-- |
| 47 | (1)(a) Any political advertisement that is paid for by a |
| 48 | candidate and that is published, displayed, or circulated prior |
| 49 | to, or on the day of, any election must prominently state: |
| 50 | "Political advertisement paid for and approved by (name of |
| 51 | candidate) , (party affiliation) , for (office sought) ." |
| 52 | (b) Any other political advertisement published, |
| 53 | displayed, or circulated prior to, or on the day of, any |
| 54 | election must prominently: |
| 55 | 1. Be marked "paid political advertisement" or with the |
| 56 | abbreviation "pd. pol. adv." |
| 57 | 2. State the name and address of the persons sponsoring |
| 58 | the advertisement. |
| 59 | 3.a.(I) State whether the advertisement and the cost of |
| 60 | production is paid for or provided in kind by or at the expense |
| 61 | of the entity publishing, displaying, broadcasting, or |
| 62 | circulating the political advertisement; or |
| 63 | (II) State who provided or paid for the advertisement and |
| 64 | cost of production, if different from the source of sponsorship. |
| 65 | b. This subparagraph does not apply if the source of the |
| 66 | sponsorship is patently clear from the content or format of the |
| 67 | political advertisement. |
| 68 | (c) Any political advertisement made pursuant to s. |
| 69 | 106.021(3)(d) must be marked "paid political advertisement" or |
| 70 | with the abbreviation "pd. pol. adv." and must prominently |
| 71 | state, "Paid for and sponsored by (name of person paying for |
| 72 | political advertisement) . Approved by (names of persons, |
| 73 | party affiliation, and offices sought in the political |
| 74 | advertisement) ." |
| 75 |
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| 76 | This subsection does not apply to campaign messages used by a |
| 77 | candidate and the candidate's supporters if those messages are |
| 78 | designed to be worn by a person. This subsection does not apply |
| 79 | to an individual who uses his or her personal resources and acts |
| 80 | independent of any candidate or committee. |
| 81 | Section 32. Effective upon this act becoming a law and |
| 82 | retroactive to January 1, 2006, section 106.1439, Florida |
| 83 | Statutes, is amended to read: |
| 84 | 106.1439 Electioneering communications; disclaimers.-- |
| 85 | (1) Any electioneering communication shall prominently |
| 86 | state: "Paid electioneering communication paid for by (Name |
| 87 | and address of person paying for the communication) ." |
| 88 | (2) Subsection (1) does not apply to an individual who |
| 89 | uses his or her personal resources and acts independent of any |
| 90 | candidate or committee. |
| 91 | (3)(2) Any person who fails to include the disclaimer |
| 92 | prescribed in this section in any electioneering communication |
| 93 | that is required to contain such disclaimer commits a |
| 94 | misdemeanor of the first degree, punishable as provided in s. |
| 95 | 775.082 or s. 775.083. |
| 96 |
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| 97 | ----------------------------------------------------- |
| 98 | T I T L E A M E N D M E N T |
| 99 | Between lines 81 and 82, insert: |
| 100 | amending ss. 106.071, 106.143, and 106.1439, F.S.; providing an |
| 101 | exemption from certain disclaimer requirements for an individual |
| 102 | who uses his or her personal resources and acts independent of |
| 103 | any candidate or committee; providing for retroactive |
| 104 | application; |