Florida Senate - 2021                                      SB 82
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00601-21                                             202182__
    1                        A bill to be entitled                      
    2         An act relating to sponsorship identification
    3         disclaimers; amending s. 106.011, F.S.; revising the
    4         definition of the term “electioneering communication”
    5         to conform to changes made by the act; amending s.
    6         106.071, F.S.; modifying provisions governing general
    7         independent expenditure disclaimers to conform to
    8         changes made by the act; amending s. 106.143, F.S.;
    9         removing an exemption for text messages from certain
   10         requirements governing political advertisement
   11         disclaimers to conform to changes made by the act;
   12         amending s. 106.1439, F.S.; modifying provisions
   13         governing general electioneering communications
   14         disclaimer requirements to conform to changes made by
   15         the act; amending s. 106.147, F.S.; establishing
   16         sponsorship identification disclaimer requirements for
   17         certain text messages; modifying existing requirements
   18         governing telephone call disclaimers; providing
   19         exceptions and restrictions; providing a penalty;
   20         revising the definition of the term “person” to
   21         conform to changes made by the act; amending s.
   22         106.1475, F.S.; requiring specified persons and
   23         organizations sending certain paid text messages to
   24         have and maintain a registered agent for specified
   25         purposes; providing exceptions; providing a penalty;
   26         providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (a) of subsection (8) of section
   31  106.011, Florida Statutes, is amended to read:
   32         106.011 Definitions.—As used in this chapter, the following
   33  terms have the following meanings unless the context clearly
   34  indicates otherwise:
   35         (8)(a) “Electioneering communication” means a text message
   36  or communication that is publicly distributed by a television
   37  station, radio station, cable television system, satellite
   38  system, newspaper, magazine, direct mail, or telephone which and
   39  that:
   40         1. Refers to or depicts a clearly identified candidate for
   41  office without expressly advocating the election or defeat of a
   42  candidate but that is susceptible of no reasonable
   43  interpretation other than an appeal to vote for or against a
   44  specific candidate;
   45         2. Is made within 30 days before a primary or special
   46  primary election or 60 days before any other election for the
   47  office sought by the candidate; and
   48         3. Is targeted to the relevant electorate in the geographic
   49  area the candidate would represent if elected.
   50         Section 2. Subsection (2) of section 106.071, Florida
   51  Statutes, is amended to read:
   52         106.071 Independent expenditures; electioneering
   53  communications; reports; disclaimers.—
   54         (2) Any political advertisement, other than a text message
   55  or a telephone call, paid for by an independent expenditure must
   56  shall prominently state “Paid political advertisement paid for
   57  by ...(Name and address of person paying for advertisement)...
   58  independently of any ...(candidate or committee)....”
   59         Section 3. Paragraph (f) of subsection (10) of section
   60  106.143, Florida Statutes, is amended to read:
   61         106.143 Political advertisements circulated prior to
   62  election; requirements.—
   63         (10) This section does not apply to any campaign message or
   64  political advertisement used by a candidate and the candidate’s
   65  supporters or by a political committee if the message or
   66  advertisement is:
   67         (f) Distributed as a text message or other message via
   68  Short Message Service, provided the message is no more than 200
   69  characters in length or requires the recipient to sign up or opt
   70  in to receive it.
   71         Section 4. Section 106.1439, Florida Statutes, is amended
   72  to read:
   73         106.1439 Electioneering communications; disclaimers.—
   74         (1) Any electioneering communication, other than a text
   75  message or a telephone call, must shall prominently state: “Paid
   76  electioneering communication paid for by ...(Name and address of
   77  person paying for the communication)....”
   78         (2) Any electioneering communication telephone call shall
   79  identify the persons or organizations sponsoring the call by
   80  stating either: “Paid for by ...(insert name of persons or
   81  organizations sponsoring the call)....” or “Paid for on behalf
   82  of ...(insert name of persons or organizations authorizing
   83  call)....” This subsection does not apply to any telephone call
   84  in which the individual making the call is not being paid and
   85  the individuals participating in the call know each other prior
   86  to the call.
   87         (2)(3) Any person who fails to include the disclaimer
   88  prescribed in this section in any electioneering communication
   89  that is required to contain such disclaimer commits a
   90  misdemeanor of the first degree, punishable as provided in s.
   91  775.082 or s. 775.083.
   92         Section 5. Section 106.147, Florida Statutes, is amended to
   93  read:
   94         106.147 Text message and telephone solicitation; disclosure
   95  requirements; prohibitions; exemptions; penalties.—
   96         (1)(a) Any text message or telephone call supporting or
   97  opposing a candidate, an elected public official, or a ballot
   98  measure, and any electioneering text message or telephone call,
   99  must include the phrase proposal must identify the persons or
  100  organizations sponsoring the call by stating either: “Paid for
  101  by ....,followed by the (insert name of the persons or
  102  organizations sponsoring the message or call) or, in the case of
  103  a text message, a working hyperlink or a uniform resource
  104  locator (URL) to a website containing the required disclosure
  105  “paid for on behalf of ....” (insert name of persons or
  106  organizations authorizing call).
  107         (b) A candidate’s text message or telephone call must
  108  include the phrase “Paid for by,followed by the name of the
  109  candidate, then followed by the word “For,” and the name of the
  110  elective office sought.
  111         (c) A website that is hyperlinked, or identified by URL, in
  112  a text message must remain online and available to the public
  113  for at least 30 days after the date of the election in which the
  114  candidate or ballot measure that the advertisement supported or
  115  opposed was voted on.
  116         (d)1. If an exchange consists of a sequence of multiple
  117  text messages sent on the same day, the sponsorship disclaimer
  118  is only required to be included with the first text message.
  119         2. A person or an organization is deemed to be in
  120  compliance with this subsection if the sponsorship disclaimer
  121  required by this subsection is included in the text message in
  122  the form in which the person or organization intended it to be
  123  sent, regardless of the form the carrier relayed it to the
  124  recipient.
  125         3. If a person or an organization includes a working
  126  hyperlink or URL in the text message as part of the required
  127  disclaimer, the person or organization is deemed to be in
  128  compliance with this subsection even if the recipient’s device
  129  is incapable of accessing the referenced website.
  130         (e) This subsection paragraph does not apply to any:
  131         1. Telephone call:
  132         a. In which both the individual making the call is not
  133  being paid and the individuals participating in the call know
  134  each other before prior to the call; or
  135         b. That is a part of a series of like telephone calls
  136  consisting of fewer than 1,000 completed calls averaging more
  137  than 2 minutes in duration which are conducted for the purpose
  138  of polling respondents regarding a candidate or an elected
  139  public official.
  140         2. Text message:
  141         a.In which both the individual sending the text message is
  142  not being paid and the text is individually sent without the
  143  assistance of mass distribution technology, including a text
  144  messaging platform; or
  145         b.That requires the recipient to sign up or opt in to
  146  receive it.
  147         (b) Any telephone call conducted for the purpose of polling
  148  respondents concerning a candidate or elected public official
  149  which is a part of a series of like telephone calls that
  150  consists of fewer than 1,000 completed calls and averages more
  151  than 2 minutes in duration is presumed to be a political poll
  152  and not subject to the provisions of paragraph (a).
  153         (2)(c)A text message or a No telephone call may not shall
  154  state or imply that the caller:
  155         (a) Represents any person or organization unless the person
  156  or organization so represented has given specific approval in
  157  writing to make such representation; or.
  158         (d) No telephone call shall state or imply that the caller
  159         (b) Represents a nonexistent person or organization.
  160         (3)(2) Any text message or telephone call, not conducted by
  161  independent expenditure, which expressly advocates for or
  162  against a candidate or ballot measure proposal requires prior
  163  written authorization by the candidate or sponsor of the ballot
  164  measure proposal that the text message or telephone call
  165  supports. A copy of such written authorization must be placed on
  166  file with the qualifying officer by the candidate or sponsor of
  167  the ballot measure before proposal prior to the time the text
  168  messages or telephone calls commence.
  169         (4)(a)(3)(a) Any person who willfully violates any
  170  provision of this section commits a misdemeanor of the first
  171  degree, punishable as provided in s. 775.082 or s. 775.083.
  172         (b) For purposes of paragraph (a), the term “person”
  173  includes any individual or organization making an independent
  174  expenditure; any candidate; any officer of any political
  175  committee, affiliated party committee, or political party
  176  executive committee; any officer, partner, attorney, or other
  177  representative of a corporation, partnership, or other business
  178  entity; and any agent or other person acting on behalf of any
  179  candidate, political committee, affiliated party committee,
  180  political party executive committee, or corporation,
  181  partnership, or other business entity.
  182         Section 6. Section 106.1475, Florida Statutes, is amended
  183  to read:
  184         106.1475 Text message and telephone solicitation;
  185  registered agent requirements; penalty.—
  186         (1) Any person or organization that conducts any business
  187  in this state consisting of sending text messages or placing
  188  telephone calls that are subject to the disclaimer requirements
  189  in s. 106.147 which consists of making paid telephone calls
  190  supporting or opposing any candidate or elected public official
  191  must, prior to conducting such business, have and continuously
  192  maintain, for at least 180 days following the cessation of such
  193  business activities in the state, a registered agent for the
  194  purpose of any service of process, notice, or demand required or
  195  authorized by law and must file with the division a notice of
  196  such registered agent. Such registered agent must be an
  197  individual who is a resident of this state, a domestic
  198  corporation, or a foreign corporation authorized to do business
  199  in this state. However, this subsection does not apply to any
  200  person or organization already lawfully registered to conduct
  201  business in this state.
  202         (2) For purposes of this section, conducting business in
  203  this state as specified in subsection (1) includes both sending
  204  text messages or placing telephone calls from a location in this
  205  state and sending text messages or placing telephone calls from
  206  a location outside this state to individuals located in this
  207  state.
  208         (3)(a) The division shall create and maintain forms for the
  209  notice required by subsection (1), which, at a minimum, must
  210  elicit all of the following information:
  211         1. The name, address, and telephone number of the
  212  registered agent.
  213         2. The name, address, and telephone number of the person or
  214  organization conducting business in this state as specified in
  215  subsection (1).
  216         (b) The person or organization conducting business in this
  217  state as specified in subsection (1) must immediately notify the
  218  division of any changes in the information required in paragraph
  219  (a).
  220         (4) Any person or organization that violates this section
  221  commits a misdemeanor of the first degree, punishable as
  222  provided in s. 775.082 or s. 775.083.
  223         Section 7. This act shall take effect October 1, 2021.