Senate Bill sb2346c1
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Florida Senate - 2004 CS for SB's 2346 & 516
By the Committee on Ethics and Elections; and Senators Lee,
Constantine and Aronberg
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1 A bill to be entitled
2 An act relating to elections; providing a short
3 title; amending s. 106.011, F.S.; redefining
4 the terms "political committee,"
5 "contribution," "expenditure," "independent
6 expenditure," "communications media," and
7 "political advertisement"; defining the term
8 "electioneering communication"; amending s.
9 106.04, F.S.; modifying contribution reporting
10 requirements for committees of continuous
11 existence; amending s. 106.07, F.S.; modifying
12 campaign finance reporting requirements for
13 certain groups in special elections, to
14 conform; amending s. 106.071, F.S.;
15 establishing reporting requirements for certain
16 individuals making electioneering
17 communications; modifying sponsorship
18 disclaimer requirements for independent
19 expenditures; creating an exemption; deleting a
20 limitation on contributions to fund independent
21 expenditures; amending s. 106.143, F.S.;
22 modifying sponsorship disclaimer requirements
23 for political advertisements; repealing s.
24 106.148, F.S., relating to sponsorship
25 disclaimer requirements for certain computer
26 messages; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. This act may be cited as the "Florida
31 Advertising Campaign Exposure Act."
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1 Section 2. Section 106.011, Florida Statutes, is
2 amended to read:
3 106.011 Definitions.--As used in this chapter, the
4 following terms have the following meanings unless the context
5 clearly indicates otherwise:
6 (1)(a) "Political committee" means:
7 1. A combination of two or more individuals, or a
8 person other than an individual, that, in an aggregate amount
9 in excess of $500 during a single calendar year:
10 a. Accepts contributions for the purpose of making
11 contributions to any candidate, political committee, committee
12 of continuous existence, or political party;
13 b. Accepts contributions for the purpose of expressly
14 advocating the election or defeat of a candidate or the
15 passage or defeat of an issue;
16 c. Makes expenditures that expressly advocate the
17 election or defeat of a candidate or the passage or defeat of
18 an issue; or
19 d. Makes contributions to a common fund, other than a
20 joint checking account between spouses, from which
21 contributions are made to any candidate, political committee,
22 committee of continuous existence, or political party;.
23 e. Accepts contributions for the purpose of making
24 electioneering communications; or
25 f. Makes expenditures for electioneering
26 communications.
27 2. The sponsor of a proposed constitutional amendment
28 by initiative who intends to seek the signatures of registered
29 electors.
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1 (b) Notwithstanding paragraph (a), the following
2 entities are not considered political committees for purposes
3 of this chapter:
4 1. Organizations which are certified by the Department
5 of State as committees of continuous existence pursuant to s.
6 106.04, national political parties, and the state and county
7 executive committees of political parties regulated by chapter
8 103.
9 2. Corporations regulated by chapter 607 or chapter
10 617 or other business entities formed for purposes other than
11 to support or oppose issues or candidates, if their political
12 activities are limited to contributions to candidates,
13 political parties, or political committees or expenditures in
14 support of or opposition to an issue from corporate or
15 business funds and if no contributions are received by such
16 corporations or business entities.
17 (2) "Committee of continuous existence" means any
18 group, organization, association, or other such entity which
19 is certified pursuant to the provisions of s. 106.04.
20 (3) "Contribution" means:
21 (a) A gift, subscription, conveyance, deposit, loan,
22 payment, or distribution of money or anything of value,
23 including contributions in kind having an attributable
24 monetary value in any form, made for the purpose of
25 influencing the results of an election or making an
26 electioneering communication.
27 (b) A transfer of funds between political committees,
28 between committees of continuous existence, or between a
29 political committee and a committee of continuous existence.
30 (c) The payment, by any person other than a candidate
31 or political committee, of compensation for the personal
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1 services of another person which are rendered to a candidate
2 or political committee without charge to the candidate or
3 committee for such services.
4 (d) The transfer of funds by a campaign treasurer or
5 deputy campaign treasurer between a primary depository and a
6 separate interest-bearing account or certificate of deposit,
7 and the term includes any interest earned on such account or
8 certificate.
9
10 Notwithstanding the foregoing meanings of "contribution," the
11 word shall not be construed to include services, including,
12 but not limited to, legal and accounting services, provided
13 without compensation by individuals volunteering a portion or
14 all of their time on behalf of a candidate or political
15 committee. This definition shall not be construed to include
16 editorial endorsements.
17 (4)(a) "Expenditure" means a purchase, payment,
18 distribution, loan, advance, transfer of funds by a campaign
19 treasurer or deputy campaign treasurer between a primary
20 depository and a separate interest-bearing account or
21 certificate of deposit, or gift of money or anything of value
22 made for the purpose of influencing the results of an election
23 or making an electioneering communication. However,
24 "expenditure" does not include a purchase, payment,
25 distribution, loan, advance, or gift of money or anything of
26 value made for the purpose of influencing the results of an
27 election when made by an organization, in existence prior to
28 the time during which a candidate qualifies or an issue is
29 placed on the ballot for that election, for the purpose of
30 printing or distributing such organization's newsletter,
31 containing a statement by such organization in support of or
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1 opposition to a candidate or issue, which newsletter is
2 distributed only to members of such organization.
3 (b) As used in this chapter, an "expenditure" for an
4 electioneering communication is made when the earliest of the
5 following occurs:
6 1. A person executes a contract for applicable goods
7 or services;
8 2. A person makes payment, in whole or in part, for
9 applicable goods or services; or
10 3. The electioneering communication is publicly
11 disseminated.
12 (5)(a) "Independent expenditure" means an expenditure
13 by a person for the purpose of advocating the election or
14 defeat of a candidate or the approval or rejection of an
15 issue, including an expenditure for an electioneering
16 communication, which expenditure is not controlled by,
17 coordinated with, or made upon consultation with, any
18 candidate, political committee, or agent of such candidate or
19 committee. An expenditure for such purpose by a person having
20 a contract with the candidate, political committee, or agent
21 of such candidate or committee in a given election period
22 shall not be deemed an independent expenditure.
23 (b) An expenditure for the purpose of advocating the
24 election or defeat of a candidate, including an expenditure
25 for an electioneering communication, which is made by the
26 national, state, or county executive committee of a political
27 party, including any subordinate committee of a national,
28 state, or county committee of a political party, or by any
29 political committee or committee of continuous existence, or
30 any other person, shall not be considered an independent
31 expenditure if the committee or person:
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1 1. Communicates with the candidate, the candidate's
2 campaign, or an agent of the candidate acting on behalf of the
3 candidate, including any pollster, media consultant,
4 advertising agency, vendor, advisor, or staff member,
5 concerning the preparation of, use of, or payment for, the
6 specific expenditure or advertising campaign at issue; or
7 2. Makes a payment in cooperation, consultation, or
8 concert with, at the request or suggestion of, or pursuant to
9 any general or particular understanding with the candidate,
10 the candidate's campaign, a political committee supporting the
11 candidate, or an agent of the candidate relating to the
12 specific expenditure or advertising campaign at issue; or
13 3. Makes a payment for the dissemination,
14 distribution, or republication, in whole or in part, of any
15 broadcast or any written, graphic, or other form of campaign
16 material prepared by the candidate, the candidate's campaign,
17 or an agent of the candidate, including any pollster, media
18 consultant, advertising agency, vendor, advisor, or staff
19 member; or
20 4. Makes a payment based on information about the
21 candidate's plans, projects, or needs communicated to a member
22 of the committee or person by the candidate or an agent of the
23 candidate, provided the committee or person uses the
24 information in any way, in whole or in part, either directly
25 or indirectly, to design, prepare, or pay for the specific
26 expenditure or advertising campaign at issue; or
27 5. After the last day of qualifying for statewide or
28 legislative office, consults about the candidate's plans,
29 projects, or needs in connection with the candidate's pursuit
30 of election to office and the information is used in any way
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1 to plan, create, design, or prepare an independent expenditure
2 or advertising campaign, with:
3 a. Any officer, director, employee, or agent of a
4 national, state, or county executive committee of a political
5 party that has made or intends to make expenditures in
6 connection with or contributions to the candidate; or
7 b. Any person whose professional services have been
8 retained by a national, state, or county executive committee
9 of a political party that has made or intends to make
10 expenditures in connection with or contributions to the
11 candidate; or
12 6. After the last day of qualifying for statewide or
13 legislative office, retains the professional services of any
14 person also providing those services to the candidate in
15 connection with the candidate's pursuit of election to office;
16 or
17 7. Arranges, coordinates, or directs the expenditure,
18 in any way, with the candidate or an agent of the candidate.
19 (6) "Election" means any primary election, special
20 primary election, general election, special election, or
21 municipal election held in this state for the purpose of
22 nominating or electing candidates to public office, choosing
23 delegates to the national nominating conventions of political
24 parties, or submitting an issue to the electors for their
25 approval or rejection.
26 (7) "Issue" means any proposition which is required by
27 the State Constitution, by law or resolution of the
28 Legislature, or by the charter, ordinance, or resolution of
29 any political subdivision of this state to be submitted to the
30 electors for their approval or rejection at an election, or
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1 any proposition for which a petition is circulated in order to
2 have such proposition placed on the ballot at any election.
3 (8) "Person" means an individual or a corporation,
4 association, firm, partnership, joint venture, joint stock
5 company, club, organization, estate, trust, business trust,
6 syndicate, or other combination of individuals having
7 collective capacity. The term includes a political party,
8 political committee, or committee of continuous existence.
9 (9) "Campaign treasurer" means an individual appointed
10 by a candidate or political committee as provided in this
11 chapter.
12 (10) "Public office" means any state, county,
13 municipal, or school or other district office or position
14 which is filled by vote of the electors.
15 (11) "Campaign fund raiser" means any affair held to
16 raise funds to be used in a campaign for public office.
17 (12) "Division" means the Division of Elections of the
18 Department of State.
19 (13) "Communications media" means broadcasting
20 stations, newspapers, magazines, outdoor advertising
21 facilities, printers, direct mailing companies, advertising
22 agencies, the Internet, and telephone companies; but with
23 respect to telephones, an expenditure shall be deemed to be an
24 expenditure for the use of communications media only if made
25 for the costs of telephones, paid telephonists, or automatic
26 telephone equipment to be used by a candidate or a political
27 committee to communicate with potential voters but excluding
28 any costs of telephones incurred by a volunteer for use of
29 telephones by such volunteer; however, with respect to the
30 Internet, an expenditure shall be deemed an expenditure for
31 use of communications media only if made for the cost of
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1 creating or disseminating a message on a computer information
2 system accessible by more than one person but excluding
3 internal communications of a campaign or of any group.
4 (14) "Filing officer" means the person before whom a
5 candidate qualifies, the agency or officer with whom a
6 political committee registers, or the agency by whom a
7 committee of continuous existence is certified.
8 (15) "Unopposed candidate" means a candidate for
9 nomination or election to an office who, after the last day on
10 which any person, including a write-in candidate, may qualify,
11 is without opposition in the election at which the office is
12 to be filled or who is without such opposition after such date
13 as a result of any primary election or of withdrawal by other
14 candidates seeking the same office. A candidate is not an
15 unopposed candidate if there is a vacancy to be filled under
16 s. 100.111(4), if there is a legal proceeding pending
17 regarding the right to a ballot position for the office sought
18 by the candidate, or if the candidate is seeking retention as
19 a justice or judge.
20 (16) "Candidate" means any person to whom any one or
21 more of the following apply:
22 (a) Any person who seeks to qualify for nomination or
23 election by means of the petitioning process.
24 (b) Any person who seeks to qualify for election as a
25 write-in candidate.
26 (c) Any person who receives contributions or makes
27 expenditures, or consents for any other person to receive
28 contributions or make expenditures, with a view to bring about
29 his or her nomination or election to, or retention in, public
30 office.
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1 (d) Any person who appoints a treasurer and designates
2 a primary depository.
3 (e) Any person who files qualification papers and
4 subscribes to a candidate's oath as required by law.
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6 However, this definition does not include any candidate for a
7 political party executive committee.
8 (17) "Political advertisement" means an electioneering
9 communication or other a paid expression in any communications
10 media prescribed in subsection (13), whether radio,
11 television, newspaper, magazine, periodical, campaign
12 literature, direct mail, or display or by means other than the
13 spoken word in direct conversation, which shall support or
14 oppose any candidate, elected public official, or issue.
15 However, political advertisement does not include:
16 (a) A statement by an organization, in existence prior
17 to the time during which a candidate qualifies or an issue is
18 placed on the ballot for that election, in support of or
19 opposition to a candidate or issue, in that organization's
20 newsletter, which newsletter is distributed only to the
21 members of that organization.
22 (b) Editorial endorsements by any newspaper, radio or
23 television station, or other recognized news medium.
24 (18)(a) "Electioneering communication" means a paid
25 expression in any communications media prescribed in
26 subsection (13) by means other than the spoken word in direct
27 conversation that:
28 1. Refers to or depicts a clearly identified candidate
29 for office or contains a clear reference indicating that an
30 issue is to be voted on at an election.
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1 2. For communications referring to or depicting a
2 clearly identified candidate for office, is targeted to the
3 relevant electorate. A communication is considered targeted if
4 1,000 or more persons in the district the candidate would
5 represent if elected will receive the communication.
6 3. For communications referring to or depicting a
7 clearly identified candidate for office, is published after
8 the end of the candidate qualifying period for the office
9 sought by the candidate.
10 4. For communications containing a clear reference
11 indicating that an issue is to be voted on at an election, is
12 published after the issue is designated a ballot position or
13 120 days before the date of the election on the issue,
14 whichever occurs first.
15 (b) The term "electioneering communication" does not
16 include:
17 1. A statement or depiction by an organization, in
18 existence prior to the time during which a candidate named or
19 depicted qualifies or an issue identified is placed on the
20 ballot for that election, made in that organization's
21 newsletter, which newsletter is distributed only to members of
22 that organization.
23 2. An editorial endorsement, news story, commentary,
24 or editorial by any newspaper, radio, television station, or
25 other recognized news medium.
26 3. A communication that constitutes a public debate or
27 forum that includes at least two opposing candidates for an
28 office or one advocate and one opponent of an issue, or that
29 solely promotes such a debate or forum and is made by or on
30 behalf of the person sponsoring the debate or forum, provided
31 that:
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1 a. The staging organization is either:
2 (I) A charitable organization that does not make other
3 electioneering communications and does not otherwise support
4 or oppose any political candidate or political party; or
5 (II) A newspaper, radio station, television station,
6 or other recognized news medium; and
7 b. The staging organization does not structure the
8 debate to promote or advance one candidate or issue position
9 over another.
10 (c) For purposes of this chapter, except as provided
11 in s. 106.08(1), an electioneering communication is deemed to
12 support or oppose, and be made on behalf of, candidates or
13 issues as determined by the content of each communication.
14 Section 3. Subsection (4) of section 106.04, Florida
15 Statutes, is amended to read:
16 106.04 Committees of continuous existence.--
17 (4)(a) Each committee of continuous existence shall
18 file an annual report with the Division of Elections during
19 the month of January. Such annual reports shall contain the
20 same information and shall be accompanied by the same
21 materials as original applications filed pursuant to
22 subsection (2). However, the charter or bylaws need not be
23 filed if the annual report is accompanied by a sworn statement
24 by the chair that no changes have been made to such charter or
25 bylaws since the last filing.
26 (b)1. Each committee of continuous existence shall
27 file regular reports with the Division of Elections at the
28 same times and subject to the same filing conditions as are
29 established by s. 106.07(1) and (2) for candidates' reports.
30 2. Any committee of continuous existence failing to so
31 file a report with the Division of Elections pursuant to this
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1 paragraph on the designated due date shall be subject to a
2 fine for late filing as provided by this section.
3 (c) All committees of continuous existence shall file
4 the original and one copy of their reports with the Division
5 of Elections. In addition, a duplicate copy of each report
6 shall be filed with the supervisor of elections in the county
7 in which the committee maintains its books and records, except
8 that if the filing officer to whom the committee is required
9 to report is located in the same county as the supervisor no
10 such duplicate report is required to be filed with the
11 supervisor. Reports shall be on forms provided by the
12 division and shall contain the following information:
13 1. The full name, address, and occupation of each
14 person who has made one or more contributions, including
15 contributions that represent the payment of membership dues,
16 to the committee during the reporting period, together with
17 the amounts and dates of such contributions. For corporations,
18 the report must provide as clear a description as practicable
19 of the principal type of business conducted by the
20 corporation. However, if the contribution is $100 or less, the
21 occupation of the contributor or principal type of business
22 need not be listed. However, for any contributions that which
23 represent the payment of dues by members in a fixed amount
24 aggregating no more than $250 per calendar year, pursuant to
25 the schedule on file with the Division of Elections, only the
26 aggregate amount of such contributions need be listed,
27 together with the number of members paying such dues and the
28 amount of the membership dues.
29 2. The name and address of each political committee or
30 committee of continuous existence from which the reporting
31 committee received, or the name and address of each political
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1 committee, committee of continuous existence, or political
2 party to which it made, any transfer of funds, together with
3 the amounts and dates of all transfers.
4 3. Any other receipt of funds not listed pursuant to
5 subparagraph 1. or subparagraph 2., including the sources and
6 amounts of all such funds.
7 4. The name and address of, and office sought by, each
8 candidate to whom the committee has made a contribution during
9 the reporting period, together with the amount and date of
10 each contribution.
11 5. The full name and address of each person to whom
12 expenditures have been made by or on behalf of the committee
13 within the reporting period; the amount, date, and purpose of
14 each such expenditure; and the name and address, and office
15 sought by, each candidate on whose behalf such expenditure was
16 made.
17 6. The total sum of expenditures made by the committee
18 during the reporting period.
19 (d) The treasurer of each committee shall certify as
20 to the correctness of each report and shall bear the
21 responsibility for its accuracy and veracity. Any treasurer
22 who willfully certifies to the correctness of a report while
23 knowing that such report is incorrect, false, or incomplete
24 commits a misdemeanor of the first degree, punishable as
25 provided in s. 775.082 or s. 775.083.
26 Section 4. Paragraph (d) of subsection (1) of section
27 106.07, Florida Statutes, is amended to read:
28 106.07 Reports; certification and filing.--
29 (1) Each campaign treasurer designated by a candidate
30 or political committee pursuant to s. 106.021 shall file
31 regular reports of all contributions received, and all
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1 expenditures made, by or on behalf of such candidate or
2 political committee. Reports shall be filed on the 10th day
3 following the end of each calendar quarter from the time the
4 campaign treasurer is appointed, except that, if the 10th day
5 following the end of a calendar quarter occurs on a Saturday,
6 Sunday, or legal holiday, the report shall be filed on the
7 next following day which is not a Saturday, Sunday, or legal
8 holiday. Quarterly reports shall include all contributions
9 received and expenditures made during the calendar quarter
10 which have not otherwise been reported pursuant to this
11 section.
12 (d)1. When a special election is called to fill a
13 vacancy in office, all political committees and committees of
14 continuous existence making contributions or expenditures in
15 connection with to influence the results of such special
16 election shall file campaign treasurers' reports with the
17 filing officer on the dates set by the Department of State
18 pursuant to s. 100.111.
19 2. When an election is called for an issue to appear
20 on the ballot at a time when no candidates are scheduled to
21 appear on the ballot, all political committees making
22 contributions or expenditures in support of or in opposition
23 to such issue shall file reports on the 18th and 4th days
24 prior to such election.
25 Section 5. Section 106.071, Florida Statutes, is
26 amended to read:
27 106.071 Independent expenditures; electioneering
28 communications; reports; disclaimers.--
29 (1) Each person who makes an independent expenditure
30 with respect to any candidate or issue, and each individual
31 who makes an expenditure for an electioneering communication
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1 which is not otherwise reported pursuant to this chapter,
2 which expenditure, in the aggregate, is in the amount of $100
3 or more, shall file periodic reports of such expenditures in
4 the same manner, at the same time, subject to the same
5 penalties, and with the same officer as a political committee
6 supporting or opposing such candidate or issue. The report
7 shall contain the full name and street address of the person
8 making the expenditure; the full name and street address of
9 each person to whom and for whom each such expenditure has
10 been made; the amount, date, and purpose of each such
11 expenditure; a description of the services or goods obtained
12 by each such expenditure; the issue to which the expenditure
13 relates; and the name and address of, and office sought by,
14 each candidate on whose behalf such expenditure was made.
15 (2) Any political advertisement paid for by an
16 independent expenditure shall prominently state "Paid
17 political advertisement paid for by ...(Full name and street
18 address Name of person or committee paying for
19 advertisement)... independently of any ...(candidate or
20 committee).... For more information on campaign finance, visit
21 the Florida Division of Elections website at ...(Insert web
22 address for the Florida Division of Elections home page)...,"
23 and shall contain the name and address of the person paying
24 for the political advertisement.
25 (3)(2) Any person who fails to include the disclaimer
26 prescribed in subsection (2) (1) in any political
27 advertisement that which is required to contain such
28 disclaimer commits is guilty of a misdemeanor of the first
29 degree, punishable as provided in s. 775.082 or s. 775.083.
30 (4) Subsection (2) does not apply to political
31 advertisements that are designed to be worn by an individual.
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1 (3) No person may make a contribution in excess of
2 $1,000 to any other person, to be used by such other person to
3 make an independent expenditure.
4 Section 6. Subsection (1) of section 106.143, Florida
5 Statutes, is amended to read:
6 106.143 Political advertisements circulated prior to
7 election; requirements.--
8 (1)(a) Any political advertisement that is paid for by
9 a candidate and that is published, displayed, or circulated
10 prior to, or on the day of, any election must prominently
11 state: "Political advertisement paid for and approved by ...
12 (name of candidate) ..., ...(party affiliation) ..., for ...
13 (office sought) .... For more information on campaign finance,
14 visit the Florida Division of Elections website at ...(Insert
15 web address for the Florida Division of Elections home
16 page)... ".
17 (b) Any other political advertisement and any campaign
18 literature published, displayed, or circulated prior to, or on
19 the day of, any election must prominently shall:
20 1.(a) Be marked "paid political advertisement" or with
21 the abbreviation "pd. pol. adv."
22 2. State the full name and address of the persons
23 sponsoring the advertisement.
24 (b) Identify the persons or organizations sponsoring
25 the advertisement.
26 3.a.(I)(c)1.
27 a. State whether the advertisement and the cost of
28 production is paid for or provided in kind by or at the
29 expense of the entity publishing, displaying, broadcasting, or
30 circulating the political advertisement; or
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1 (II)b. State who provided or paid for the
2 advertisement and cost of production, if different from the
3 source of sponsorship.
4 b.2. This subparagraph does paragraph shall not apply
5 if the source of the sponsorship is patently clear from the
6 content or format of the political advertisement or campaign
7 literature.
8 4. State "For more information on campaign finance,
9 visit the Florida Division of Elections website at ...(Insert
10 web address for the Florida Division of Elections
11 homepage)...".
12
13 This subsection does not apply to campaign messages used by a
14 candidate and the candidate's supporters if those messages are
15 designed to be worn by a person.
16 Section 7. Section 106.148, Florida Statutes, is
17 repealed.
18 Section 8. This act shall take effect July 1, 2004.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2346 & 516
3
4 The committee substitute differs from the bill in that it:
defines "electioneering communications" as a subset of
5 "political advertisements" and "independent expenditures,"
thus bringing them within the scope of existing sponsorship
6 disclaimer requirements; replaces the requirement that
sponsorship disclaimers on political advertisements (including
7 electioneering communications and political advertisements
paid for by independent expenditure) contain the names and
8 addresses of the sponsor's top four contributors with
mandatory language directing the listener or viewer to the
9 Florida Division of Elections web site for more campaign
finance information; repeals s. 106.148, relating to
10 sponsorship disclaimers requirements on Internet political
advocacy, and creates similar requirements by amending the
11 definition of "communications media"; modifies the timeframe
for determining whether a communication is an "electioneering
12 communication"; expands the scope of exemptions under the
definition of "electioneering communication" to allow for such
13 speech without regulation where desirable or
constitutionally-protected; eliminates a requirement that de
14 minimus CCE ("committee of continuous existence") member dues
be limited to $50 per payment, while maintaining a $250 yearly
15 aggregate per individual to qualify as de minimus dues not
subject to individual reporting; requires CCEs to report
16 individual and total expenditures; clarifies that CCEs cannot
make electioneering communications unless they register as a
17 political committee.
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CODING: Words stricken are deletions; words underlined are additions.