| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (502847) to Senate Bill |
| 4 | (with title amendment) |
| 5 | Between lines 1440 and 1441, insert: |
| 6 | Section 30. Effective upon this act becoming a law, |
| 7 | subsection (3) of section 106.071, Florida Statutes, is amended |
| 8 | to read: |
| 9 | 106.071 Independent expenditures; electioneering |
| 10 | communications; reports; disclaimers.-- |
| 11 | (3) Subsection (2) does not apply to novelty items having |
| 12 | a retail value of $10 or less which support, but do not oppose, |
| 13 | a candidate or issue. Subsection (2) is inapplicable to an |
| 14 | individual using his or her personal resources, not to exceed |
| 15 | $5,000, and acting independently of any candidate or committee |
| 16 | in a municipal election. |
| 17 | Section 31. Effective upon this act becoming a law, |
| 18 | paragraph (b) of subsection (1) of section 106.143, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 106.143 Political advertisements circulated prior to |
| 21 | election; requirements.-- |
| 22 | (1) |
| 23 | (b) Any other political advertisement published, |
| 24 | displayed, or circulated prior to, or on the day of, any |
| 25 | election must prominently: |
| 26 | 1. Be marked "paid political advertisement" or with the |
| 27 | abbreviation "pd. pol. adv." |
| 28 | 2. State the name and address of the persons sponsoring |
| 29 | the advertisement. |
| 30 | 3.a.(I) State whether the advertisement and the cost of |
| 31 | production is paid for or provided in kind by or at the expense |
| 32 | of the entity publishing, displaying, broadcasting, or |
| 33 | circulating the political advertisement; or |
| 34 | (II) State who provided or paid for the advertisement and |
| 35 | cost of production, if different from the source of sponsorship. |
| 36 | b. This subparagraph does not apply if the source of the |
| 37 | sponsorship is patently clear from the content or format of the |
| 38 | political advertisement. |
| 39 |
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| 40 | This paragraph is inapplicable to an individual using his or her |
| 41 | personal resources, not to exceed $5,000, and acting |
| 42 | independently of any candidate or committee in a municipal |
| 43 | election. |
| 44 |
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| 45 | This subsection does not apply to campaign messages used by a |
| 46 | candidate and the candidate's supporters if those messages are |
| 47 | designed to be worn by a person. |
| 48 | Section 32. Effective upon this act becoming a law, |
| 49 | section 106.1439, Florida Statutes, is amended to read: |
| 50 | 106.1439 Electioneering communications; disclaimers.-- |
| 51 | (1) Any electioneering communication shall prominently |
| 52 | state: "Paid electioneering communication paid for by (Name |
| 53 | and address of person paying for the communication) ." |
| 54 | (2) Subsection (1) is inapplicable to an individual using |
| 55 | his or her personal resources, not to exceed $5,000, and acting |
| 56 | independently of any candidate or committee in a municipal |
| 57 | election. |
| 58 | (3)(2) Any person who fails to include the disclaimer |
| 59 | prescribed in this section in any electioneering communication |
| 60 | that is required to contain such disclaimer commits a |
| 61 | misdemeanor of the first degree, punishable as provided in s. |
| 62 | 775.082 or s. 775.083. |
| 63 |
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| 64 |
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| 65 | ----------------------------------------------------- |
| 66 | T I T L E A M E N D M E N T |
| 67 | Between lines 81 and 82, insert: |
| 68 | amending ss. 106.071, 106.143, and 106.1439, F.S.; providing an |
| 69 | exemption from certain disclaimer requirements in a municipal |
| 70 | election for an individual who uses his or her personal |
| 71 | resources and acts independently of any candidate or committee; |