Florida Senate - 2010                                    SB 1672
       
       
       
       By Senator Crist
       
       
       
       
       12-01069A-10                                          20101672__
    1                        A bill to be entitled                      
    2         An act relating to political advertisements; providing
    3         a short title; amending s. 106.143, F.S.; providing an
    4         alternative statement that may be used to identify a
    5         candidate as the sponsor of a political advertisement
    6         under certain circumstances; providing circumstances
    7         under which certain campaign messages and political
    8         advertisements are not required to state or display
    9         specific information regarding the identity of the
   10         candidate, his or her party affiliation, and the
   11         office sought in the message or advertisement;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. This act may be cited as the “Technology in
   17  Elections Act.”
   18         Section 2. 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)(a) Any political advertisement that is paid for by a
   23  candidate and that is published, displayed, or circulated prior
   24  to, or on the day of, any election must prominently state:
   25         1. “Political advertisement paid for and approved by
   26  ...(name of candidate)..., ...(party affiliation)..., for
   27  ...(office sought)....”; or
   28         2. “Paid by ...(name of candidate)..., ...(party
   29  affiliation)..., for ...(office sought)....”
   30         (b) Any other political advertisement published, displayed,
   31  or circulated prior to, or on the day of, any election must
   32  prominently:
   33         1. Be marked “paid political advertisement” or with the
   34  abbreviation “pd. pol. adv.”
   35         2. State the name and address of the persons sponsoring the
   36  advertisement.
   37         3.a.(I) State whether the advertisement and the cost of
   38  production is paid for or provided in kind by or at the expense
   39  of the entity publishing, displaying, broadcasting, or
   40  circulating the political advertisement; or
   41         (II) State who provided or paid for the advertisement and
   42  cost of production, if different from the source of sponsorship.
   43         b. This subparagraph does not apply if the source of the
   44  sponsorship is patently clear from the content or format of the
   45  political advertisement.
   46         (c) Any political advertisement made pursuant to s.
   47  106.021(3)(d) must be marked “paid political advertisement” or
   48  with the abbreviation “pd. pol. adv.” and must prominently
   49  state, “Paid for and sponsored by ...(name of person paying for
   50  political advertisement).... Approved by ...(names of persons,
   51  party affiliation, and offices sought in the political
   52  advertisement)....”
   53         (d) This subsection does not apply to any campaign message
   54  or political advertisement messages used by a candidate and the
   55  candidate’s supporters or by a political committee if the
   56  message or advertisement is: those messages are
   57         1. Designed to be worn by a person.
   58         2. Placed as a paid link on an Internet website, provided
   59  the message or advertisement is no more than 200 characters in
   60  length and the link directs the user to another Internet website
   61  that complies with paragraph (a), paragraph (b), or paragraph
   62  (c).
   63         3. Placed as a graphic or picture link on an Internet
   64  website that directs the user to another Internet website that
   65  complies with the requirements of this section; however, the
   66  link must contain the disclaimer required in paragraph (a),
   67  paragraph (b), or paragraph (c), which shall make up at least 5
   68  percent of the total graphic or picture and may not otherwise be
   69  illegible or concealed.
   70         4. Placed at no cost on an Internet website for which there
   71  is no cost to post content for public users.
   72         5. Placed or distributed on an unpaid profile or account
   73  which is available to the public without charge or on a social
   74  networking Internet website, as long as the source of the
   75  message or advertisement is patently clear from the content or
   76  format of the message or advertisement.
   77         6. Distributed as a text message or other message via Short
   78  Message Service, provided the message is no more than 200
   79  characters in length or requires the recipient to sign up or opt
   80  in to receive it.
   81         7. Connected with or included in any software application
   82  or accompanying function, provided that the user signs up, opts
   83  in, downloads, or otherwise accesses the application from or
   84  through a website that complies with paragraph (a), paragraph
   85  (b), or paragraph (c).
   86         8. Sent by a third-party user from or through a campaign or
   87  committee’s website, provided the website complies with
   88  paragraph (a), paragraph (b), or paragraph (c).
   89         9. Contained in or distributed through any other
   90  technology-related item, service, or device for which compliance
   91  with paragraph (a), paragraph (b), or paragraph (c) is not
   92  reasonably practical due to the size or nature of such item,
   93  service, or device as available, or the means of displaying the
   94  message or advertisement makes compliance with paragraph (a),
   95  paragraph (b), or paragraph (c) impracticable.
   96         Section 3. This act shall take effect July 1, 2010.