Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 866, 1st Eng.
549506
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.