1 | A bill to be entitled |
2 | An act relating to political advertisements; providing a |
3 | 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 under |
7 | 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 office |
11 | sought in the message or advertisement; authorizing a |
12 | candidate or political committee to place a statement on a |
13 | social networking website or account indicating that the |
14 | site or account is an official site or account approved by |
15 | the candidate or political committee; prohibiting an |
16 | official designation without the prior approval by the |
17 | candidate or political committee; providing an effective |
18 | date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. This act may be cited as the "Technology in |
23 | Elections Act." |
24 | Section 2. Subsection (1) of section 106.143, Florida |
25 | Statutes, is amended, subsection (8) is renumbered as subsection |
26 | (9), and a new subsection (8) is added to that section, to read: |
27 | 106.143 Political advertisements circulated prior to |
28 | election; requirements.- |
29 | (1)(a) Any political advertisement that is paid for by a |
30 | candidate and that is published, displayed, or circulated prior |
31 | to, or on the day of, any election must prominently state: |
32 | 1. "Political advertisement paid for and approved by |
33 | ...(name of candidate)..., ...(party affiliation)..., for |
34 | ...(office sought)...."; or |
35 | 2. "Paid by ...(name of candidate)..., ...(party |
36 | affiliation)..., for ...(office sought)...." |
37 | (b) Any other political advertisement published, |
38 | displayed, or circulated prior to, or on the day of, any |
39 | election must prominently: |
40 | 1. Be marked "paid political advertisement" or with the |
41 | abbreviation "pd. pol. adv." |
42 | 2. State the name and address of the persons sponsoring |
43 | the advertisement. |
44 | 3.a.(I) State whether the advertisement and the cost of |
45 | production is paid for or provided in kind by or at the expense |
46 | of the entity publishing, displaying, broadcasting, or |
47 | circulating the political advertisement; or |
48 | (II) State who provided or paid for the advertisement and |
49 | cost of production, if different from the source of sponsorship. |
50 | b. This subparagraph does not apply if the source of the |
51 | sponsorship is patently clear from the content or format of the |
52 | political advertisement. |
53 | (c) Any political advertisement made pursuant to s. |
54 | 106.021(3)(d) must be marked "paid political advertisement" or |
55 | with the abbreviation "pd. pol. adv." and must prominently |
56 | state, "Paid for and sponsored by ...(name of person paying for |
57 | political advertisement).... Approved by ...(names of persons, |
58 | party affiliation, and offices sought in the political |
59 | advertisement)...." |
60 |
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61 | This subsection does not apply to campaign messages used by a |
62 | candidate and the candidate's supporters if those messages are |
63 | designed to be worn by a person. |
64 | (8) This section does not apply to any campaign message or |
65 | political advertisement used by a candidate and the candidate's |
66 | supporters or by a political committee if the message or |
67 | advertisement is: |
68 | (a) Designed to be worn by a person. |
69 | (b) Placed as a paid link on an Internet website, provided |
70 | the message or advertisement is no more than 200 characters in |
71 | length and the link directs the user to another Internet website |
72 | that complies with subsection (1). |
73 | (c) Placed as a graphic or picture link on an Internet |
74 | website that directs the user to another Internet website that |
75 | complies with the requirements of this section; however, the |
76 | link must contain the language required in subsection (1), which |
77 | shall make up at least 5 percent of the total graphic or picture |
78 | and may not otherwise be illegible or concealed. |
79 | (d) Placed at no cost on an Internet website for which |
80 | there is no cost to post content for public users. |
81 | (e) Placed or distributed on an unpaid profile or account |
82 | which is available to the public without charge or on a social |
83 | networking Internet website, as long as the source of the |
84 | message or advertisement is patently clear from the content or |
85 | format of the message or advertisement. A candidate or political |
86 | committee may prominently display a statement indicating that |
87 | the website or account is an official website or account of the |
88 | candidate or political committee and is approved by the |
89 | candidate or political committee. A website or account may not |
90 | be marked as official without prior approval by the candidate or |
91 | political committee. |
92 | (f) Distributed as a text message or other message via |
93 | Short Message Service, provided the message is no more than 200 |
94 | characters in length or requires the recipient to sign up or opt |
95 | in to receive it. |
96 | (g) Connected with or included in any software application |
97 | or accompanying function, provided that the user signs up, opts |
98 | in, downloads, or otherwise accesses the application from or |
99 | through a website that complies with subsection (1). |
100 | (h) Sent by a third-party user from or through a campaign |
101 | or committee's website, provided the website complies with |
102 | subsection (1). |
103 | (i) Contained in or distributed through any other |
104 | technology-related item, service, or device for which compliance |
105 | with subsection (1) is not reasonably practical due to the size |
106 | or nature of such item, service, or device as available, or the |
107 | means of displaying the message or advertisement makes |
108 | compliance with subsection (1) impracticable. |
109 | (9)(8) Any person who willfully violates any provision of |
110 | this section is subject to the civil penalties prescribed in s. |
111 | 106.265. |
112 | Section 3. This act shall take effect upon becoming a law. |