Bill Text: FL S1672 | 2010 | Regular Session | Comm Sub

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Bill Title: Political Advertisements [GPSC]

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-04-29 - Placed on Special Order Calendar; Read 2nd time -SJ 01008; Amendment(s) adopted (164906) -SJ 01008; Substituted CS/CS/HB 869 (Died on Senate Calendar) -SJ 01008; Laid on Table, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) -SJ 01008 [S1672 Detail]

Download: Florida-2010-S1672-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1672 
 
By the Committee on Ethics and Elections; and Senators Crist, 
Aronberg, and Haridopolos 
582-04693-10                                          20101672c1 
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         authorizing a candidate or political committee to 
13         place a statement on a social networking website or 
14         account indicating that the site or account is an 
15         official site or account approved by the candidate or 
16         political committee; prohibiting an official 
17         designation without the prior approval by the 
18         candidate or political committee; providing an 
19         effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. This act may be cited as the “Technology in 
24  Elections Act.” 
25         Section 2. Subsection (1) of section 106.143, Florida 
26  Statutes, is amended, present subsection (8) of that section is 
27  renumbered as subsection (9), and a new subsection (8) is added 
28  to that section, to read: 
29         106.143 Political advertisements circulated prior to 
30  election; requirements.— 
31         (1)(a) Any political advertisement that is paid for by a 
32  candidate and that is published, displayed, or circulated prior 
33  to, or on the day of, any election must prominently state: 
34         1. “Political advertisement paid for and approved by 
35  ...(name of candidate)..., ...(party affiliation)..., for 
36  ...(office sought)....”; or 
37         2. “Paid by ...(name of candidate)..., ...(party 
38  affiliation)..., for ...(office sought)....” 
39         (b) Any other political advertisement published, displayed, 
40  or circulated prior to, or on the day of, any election must 
41  prominently: 
42         1. Be marked “paid political advertisement” or with the 
43  abbreviation “pd. pol. adv.” 
44         2. State the name and address of the persons sponsoring the 
45  advertisement. 
46         3.a.(I) State whether the advertisement and the cost of 
47  production is paid for or provided in kind by or at the expense 
48  of the entity publishing, displaying, broadcasting, or 
49  circulating the political advertisement; or 
50         (II) State who provided or paid for the advertisement and 
51  cost of production, if different from the source of sponsorship. 
52         b. This subparagraph does not apply if the source of the 
53  sponsorship is patently clear from the content or format of the 
54  political advertisement. 
55         (c) Any political advertisement made pursuant to s. 
56  106.021(3)(d) must be marked “paid political advertisement” or 
57  with the abbreviation “pd. pol. adv.” and must prominently 
58  state, “Paid for and sponsored by ...(name of person paying for 
59  political advertisement).... Approved by ...(names of persons, 
60  party affiliation, and offices sought in the political 
61  advertisement)....” 
62 
63  This subsection does not apply to campaign messages used by a 
64  candidate and the candidate’s supporters if those messages are 
65  designed to be worn by a person. 
66         (8) This section does not apply to any campaign message or 
67  political advertisement used by a candidate and the candidate’s 
68  supporters or by a political committee if the message or 
69  advertisement is: 
70         (a) Designed to be worn by a person. 
71         (b) Placed as a paid link on an Internet website, provided 
72  the message or advertisement is no more than 200 characters in 
73  length and the link directs the user to another Internet website 
74  that complies with subsection (1). 
75         (c) Placed as a graphic or picture link where compliance 
76  with the requirements of this section is not reasonably 
77  practical due to the size of the graphic or picture link and the 
78  link directs the user to another Internet website that complies 
79  with subsection (1). 
80         (d) Placed at no cost on an Internet website for which 
81  there is no cost to post content for public users. 
82         (e) Placed or distributed on an unpaid profile or account 
83  which is available to the public without charge or on a social 
84  networking Internet website, as long as the source of the 
85  message or advertisement is patently clear from the content or 
86  format of the message or advertisement. A candidate or political 
87  committee may prominently display a statement indicating that 
88  the website or account is an official website or account of the 
89  candidate or political committee and is approved by the 
90  candidate or political committee. A website or account may not 
91  be marked as official without prior approval by the candidate or 
92  political committee. 
93         (f) Distributed as a text message or other message via 
94  Short Message Service, provided the message is no more than 200 
95  characters in length or requires the recipient to sign up or opt 
96  in to receive it. 
97         (g) Connected with or included in any software application 
98  or accompanying function, provided that the user signs up, opts 
99  in, downloads, or otherwise accesses the application from or 
100  through a website that complies with subsection (1). 
101         (h) Sent by a third-party user from or through a campaign 
102  or committee’s website, provided the website complies with 
103  subsection (1). 
104         (i) Contained in or distributed through any other 
105  technology-related item, service, or device for which compliance 
106  with subsection (1) is not reasonably practical due to the size 
107  or nature of such item, service, or device as available, or the 
108  means of displaying the message or advertisement makes 
109  compliance with subsection (1) impracticable. 
110         (9)(8) Any person who willfully violates any provision of 
111  this section is subject to the civil penalties prescribed in s. 
112  106.265. 
113         Section 3. This act shall take effect upon becoming a law.