Senate Bill 0702
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 702
By Senators Grant, Casas, Latvala and Lee
13-473-98 See HB 651
1 A bill to be entitled
2 An act relating to elections; providing a short
3 title; providing a statement of legislative
4 intent; amending s. 104.271, F.S.; expanding
5 applicability of the prohibition against making
6 false or malicious charges against, or false
7 statements about, candidates; eliminating the
8 requirement of actual malice in the prohibition
9 against making false statements about
10 candidates and providing for personal liability
11 with respect thereto; clarifying and providing
12 penalties; providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. This act may be cited as the "Truth in
17 Campaigning Act."
18 Section 2. Legislative intent.--The Legislature finds
19 that there has been a marked decline in civility and honesty
20 in both state and national politics; that truthful campaigning
21 has been replaced by a series of distortions,
22 mischaracterizations, and untruths. Such tactics have the
23 effect of stifling, overwhelming, or chilling the
24 dissemination of truthful information; and that the
25 dissemination of truthful information is the single most
26 important goal advanced by free speech. Additionally, such
27 tactics discourage participation in the political process.
28 Therefore, the Legislature finds it necessary to hold all
29 persons accountable for the truthfulness of their statements
30 regarding candidates.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 702
13-473-98 See HB 651
1 Section 3. Section 104.271, Florida Statutes, is
2 amended to read:
3 104.271 False or malicious charges against, or false
4 statements about, opposing candidates; penalty.--
5 (1) Any person candidate who, in any a primary
6 election or other election, willfully charges a an opposing
7 candidate participating in such election with a violation of
8 any provision of this code, which charge is known by the
9 person candidate making such charge to be false or malicious,
10 is guilty of a felony of the third degree, punishable as
11 provided in s. 775.082 or s. 775.083, and, upon in addition,
12 after conviction is shall be disqualified to hold office until
13 restoration of civil rights, as provided in s. 4, Art. VI of
14 the State Constitution.
15 (2) Any person candidate who, in any a primary
16 election or other election, with actual malice makes or causes
17 to be made any statement about a an opposing candidate which
18 he knows or reasonably should know is false or which was made
19 in negligent disregard for the truth, is guilty of a violation
20 of this code. An aggrieved candidate may file a complaint
21 with the Florida Elections Commission pursuant to s. 106.25.
22 The commission shall adopt rules to provide an expedited
23 hearing of complaints filed under this subsection.
24 Notwithstanding any other provision of law, the commission
25 shall assess a civil penalty of up to $5,000 against any
26 person candidate found in violation of this subsection, which
27 shall be deposited to the account of the General Revenue Fund
28 of the state. The penalty shall be commensurate with the
29 commission's determination of the extent of the damages
30 suffered by the candidate and the scope, substance, or intent
31 of the violation. In addition, any person who makes or causes
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 702
13-473-98 See HB 651
1 to be made any statement about a candidate which he or she
2 knows or reasonably should know is false or which was made in
3 negligent disregard for the truth, shall be personally liable
4 for damages.
5 Section 4. This act shall take effect January 1, 1999.
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8 SENATE SUMMARY
9 Expands the prohibition against making false or malicious
charges or statements about candidates for election.
10 Deletes a requirement of actual malice for a violation.
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