Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 866, 1st Eng.

549506

CHAMBER ACTION

Senate

Floor: 4/F/3R

4/24/2008 10:42 AM

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House



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Senator Siplin moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Between lines 1539 and 1540

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and insert:

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     Section 35.  Effective upon becoming a law, section 106.071,

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Florida Statutes, is amended to read:

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     106.071  Independent expenditures; electioneering

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communications; reports; disclaimers.--

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     (1)  Each person who makes an independent expenditure with

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respect to any candidate or issue, and each individual who makes

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an expenditure for an electioneering communication which is not

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otherwise reported pursuant to this chapter, which expenditure,

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in the aggregate, is in the amount of $100 or more, shall file

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periodic reports of such expenditures in the same manner, at the

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same time, subject to the same penalties, and with the same

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officer as a political committee supporting or opposing such

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candidate or issue. The report shall contain the full name and

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address of the person making the expenditure; the full name and

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address of each person to whom and for whom each such expenditure

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has been made; the amount, date, and purpose of each such

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expenditure; a description of the services or goods obtained by

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each such expenditure; the issue to which the expenditure

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relates; and the name and address of, and office sought by, each

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candidate on whose behalf such expenditure was made.

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     (2)  Any political advertisement paid for by an independent

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expenditure shall prominently state "Paid political advertisement

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paid for by   (Name and address of person paying for

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advertisement)   independently of any   (candidate or committee)

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."

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     (3) Subsection (2) does not apply to:

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     (a) Novelty items having a retail value of $10 or less

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which support, but do not oppose, a candidate or issue.

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     (b) An individual who uses his or her personal resources in

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an amount less than $5,000 and acts independently of any

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candidate or committee.

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     (4)  Any person who fails to include the disclaimer

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prescribed in subsection (2) in any political advertisement that

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is required to contain such disclaimer commits a misdemeanor of

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the first degree, punishable as provided in s. 775.082 or s.

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775.083.

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     Section 36.  Effective upon becoming a law and retroactive

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to January 1, 2006, subsection (1) of section 106.143, Florida

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Statutes, is amended to read:

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     106.143  Political advertisements circulated prior to

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election; requirements.--

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     (1)(a)  Any political advertisement that is paid for by a

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candidate and that is published, displayed, or circulated prior

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to, or on the day of, any election must prominently state:

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"Political advertisement paid for and approved by   (name of

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candidate)  ,   (party affiliation)  , for   (office sought)  ."

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     (b)  Any other political advertisement published, displayed,

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or circulated prior to, or on the day of, any election must

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prominently:

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     1.  Be marked "paid political advertisement" or with the

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abbreviation "pd. pol. adv."

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     2.  State the name and address of the persons sponsoring the

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advertisement.

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     3.a.(I)  State whether the advertisement and the cost of

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production is paid for or provided in kind by or at the expense

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of the entity publishing, displaying, broadcasting, or

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circulating the political advertisement; or

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     (II)  State who provided or paid for the advertisement and

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cost of production, if different from the source of sponsorship.

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     b.  This subparagraph does not apply if the source of the

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sponsorship is patently clear from the content or format of the

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political advertisement.

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     (c)  Any political advertisement made pursuant to s.

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106.021(3)(d) must be marked "paid political advertisement" or

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with the abbreviation "pd. pol. adv." and must prominently state,

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"Paid for and sponsored by   (name of person paying for political

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advertisement)  . Approved by   (names of persons, party

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affiliation, and offices sought in the political advertisement)  

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."

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This subsection does not apply to:

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     (a) Campaign messages used by a candidate and the

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candidate's supporters if those messages are designed to be worn

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by a person.

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     (b) An individual who uses his or her personal resources in

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an amount less than $5,000 and acts independently of any

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candidate or committee.

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     Section 37.  Effective upon becoming a law, section

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106.1439, Florida 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) ." However, this

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section does not apply to an individual who uses his or her

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personal resources in an amount less than $5,000 and acts

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independently of any candidate or committee.

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     (2)  Any person who fails to include the disclaimer

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prescribed in this section in any electioneering communication

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that is required to contain such disclaimer commits a misdemeanor

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of the first degree, punishable as provided in s. 775.082 or s.

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775.083.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 96, after the semicolon,

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insert:

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amending ss. 106.071, 106.143, and 106.1439, F.S.;

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providing an exemption from independent expenditure,

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political advertisement, and electioneering communication

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sponsorship disclaimer requirements for an individual who

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uses up to a specified amount of his or her personal

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resources and acts independent of any candidate or

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committee;

4/23/2008  8:09:00 PM     19-08560-08

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