Florida Senate - 2025                                     SB 926
       
       
        
       By Senator Smith
       
       
       
       
       
       17-01282-25                                            2025926__
    1                        A bill to be entitled                      
    2         An act relating to public service announcements by
    3         state agencies; providing a short title; creating s.
    4         112.3262, F.S.; providing legislative findings;
    5         defining terms; prohibiting state agencies from
    6         producing, disseminating, or funding certain public
    7         service announcements; prohibiting state agencies from
    8         using funds, resources, or personnel to influence,
    9         directly or indirectly, the outcome of statewide
   10         ballot initiatives; providing exceptions; providing
   11         that individuals who violate specified provisions may
   12         be subject to suspension, removal, or disciplinary
   13         action; authorizing the Legislature to reduce future
   14         appropriations to state agencies under specified
   15         conditions; providing that the Commission on Ethics
   16         has the authority to investigate specified complaints;
   17         authorizing certain individuals and entities to file a
   18         complaint with the commission or seek injunctive
   19         relief in a court of competent jurisdiction; requiring
   20         state agencies to maintain records for a specified
   21         timeframe and make such records available for public
   22         inspection; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. This act may be cited as the “Public Resource
   27  Election Neutrality Act.”
   28         Section 2. Section 112.3262, Florida Statutes, is created
   29  to read:
   30         112.3262 Prohibiting certain public service announcements.—
   31         (1) LEGISLATIVE FINDINGS.—The Legislature finds that state
   32  resources may not be used to influence the outcome of elections,
   33  including those involving statewide ballot initiatives. This
   34  section ensures that taxpayer funded public service
   35  announcements are not used to sway voters or create the
   36  appearance of state agency endorsement or opposition to any
   37  ballot measure during critical election periods.
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Public service announcement” means any advertisement,
   40  communication, or promotional material produced or disseminated
   41  in any medium, including television, radio, social media, print,
   42  or digital, which is funded in whole or in part by state
   43  revenues and which is intended to inform, educate, or influence
   44  the public.
   45         (b) “State agency” means any agency, department, board,
   46  commission, or other entity under the jurisdiction of the state,
   47  including those funded wholly or in part by state revenues.
   48         (c) “Statewide ballot initiative” means any proposed
   49  constitutional amendment, referendum, or other measure that has
   50  been certified for placement on the statewide ballot in an
   51  election.
   52         (3) PROHIBITED ACTIONS.—
   53         (a) Beginning on the day that a statewide ballot initiative
   54  is certified for ballot placement through the conclusion of the
   55  election at which the statewide ballot initiative is to be voted
   56  on, a state agency may not do any of the following:
   57         1. Produce, disseminate, or fund any public service
   58  announcement related to, or which could reasonably be
   59  interpreted to support or oppose, a statewide ballot initiative.
   60         2. Use funds, resources, or personnel of the state agency
   61  to influence, directly or indirectly, the outcome of a statewide
   62  ballot initiative.
   63         (b) This section does not apply to public service
   64  announcements required to address any of the following:
   65         1. Immediate threats to public health, safety, or welfare.
   66         2. Routine governmental communications unrelated to
   67  statewide ballot initiatives.
   68         (4) PENALTIES AND ENFORCEMENT.—
   69         (a) An individual acting in his or her official capacity
   70  who violates this section may be subject to suspension, removal,
   71  or disciplinary action as provided by law.
   72         (b) The Legislature may reduce the future appropriations of
   73  a state agency found to have violated this section.
   74         (c) The commission may investigate complaints of violations
   75  of this section.
   76         (d) Any individual or entity aggrieved by a violation of
   77  this section may file a complaint with the commission or seek
   78  injunctive relief in a court of competent jurisdiction.
   79         (5) PUBLIC INSPECTION.—A state agency shall maintain the
   80  records of public service announcements produced or funded
   81  during the 12 months preceding a general election and make such
   82  records available for public inspection.
   83         Section 3. This act shall take effect upon becoming a law.