Florida Senate - 2008 (Reformatted) SB 532

By Senators Justice, Atwater and Posey

16-00214-08 2008532__

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A bill to be entitled

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An act relating to campaign financing; creating s.

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106.113, F.S.; defining the terms "local government" and

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"public funds"; prohibiting a local government from

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expending, and a person or group from accepting, public

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funds for a political advertisement or electioneering

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communication concerning an issue, referendum, or

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amendment that is subject to the vote of the electors;

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providing an exception for certain electioneering

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communications; clarifying restrictions with respect to

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local officials; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 106.113, Florida Statutes, is created to

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read:

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     106.113 Expenditures by local governments.--

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     (1) As used in this section, the term:

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     (a) "Local government" means:

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     1. A county, municipality, school district, or other

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political subdivision in this state; and

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     2. Any department, agency, board, bureau, district,

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commission, authority, or similar body of a county, municipality,

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school district, or other political subdivision of this state.

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     (b) "Public funds" means all moneys under the jurisdiction

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or control of the local government.

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     (2) A local government or a person acting on behalf of

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local government may not expend or authorize the expenditure of,

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and a person or group may not accept, public funds for a

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political advertisement or electioneering communication

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concerning an issue, referendum, or amendment that is subject to

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a vote of the electors. This subsection does not apply to an

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electioneering communication from either a local government or a

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person acting on behalf of a local government which is limited to

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factual information.

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     (3) With the exception of the prohibitions specified in

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subsection (2), this section does not preclude an elected

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official of the local government from expressing an opinion on

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any issue at any time.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.