Senate Bill sb0516

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    Florida Senate - 2004                                   SB 516

    By Senator Constantine





    22-158-04

  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 term "communications media"; amending s.

  5         106.11, F.S.; extending the time for unopposed

  6         candidates to purchase "thank you" advertising;

  7         amending s. 106.141, F.S.; extending the date

  8         for unopposed candidates to file a termination

  9         report, to conform; amending s. 106.1437, F.S.;

10         modifying reporting requirements for

11         miscellaneous advertisements intended to

12         influence public policy; prescribing

13         prohibitions and exemptions; prescribing

14         penalties; providing for severability;

15         providing an effective date.

16  

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

18  

19         Section 1.  This act may be cited as the "Florida

20  Advertising Campaign Exposure Act."

21         Section 2.  Subsection (13) of section 106.011, Florida

22  Statutes, is amended to read:

23         106.011  Definitions.--As used in this chapter, the

24  following terms have the following meanings unless the context

25  clearly indicates otherwise:

26         (13)  "Communications media" means broadcasting

27  stations, newspapers, magazines, outdoor advertising

28  facilities, printers, direct mailing companies, advertising

29  agencies, the Internet, and telephone companies; but with

30  respect to telephones, an expenditure shall be deemed to be an

31  expenditure for the use of communications media only if made

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    Florida Senate - 2004                                   SB 516
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 1  for the costs of telephones, paid telephonists, or automatic

 2  telephone equipment to be used by a candidate or a political

 3  committee to communicate with potential voters but excluding

 4  any costs of telephones incurred by a volunteer for use of

 5  telephones by such volunteer.

 6         Section 3.  Subsection (5) of section 106.11, Florida

 7  Statutes, is amended to read:

 8         106.11  Expenses of and expenditures by candidates and

 9  political committees.--Each candidate and each political

10  committee which designates a primary campaign depository

11  pursuant to s. 106.021(1) shall make expenditures from funds

12  on deposit in such primary campaign depository only in the

13  following manner, with the exception of expenditures made from

14  petty cash funds provided by s. 106.12:

15         (5)  A candidate who withdraws his or her candidacy,

16  becomes an unopposed candidate, or is eliminated as a

17  candidate or elected to office may expend funds from the

18  campaign account to:

19         (a)  Purchase "thank you" advertising for up to 75 days

20  after he or she withdraws, becomes unopposed, or is eliminated

21  or elected.

22         (b)  Pay for items which were obligated before he or

23  she withdrew, became unopposed, or was eliminated or elected.

24         (c)  Pay for expenditures necessary to close down the

25  campaign office and to prepare final campaign reports.

26         (d)  Dispose of surplus funds as provided in s.

27  106.141.

28         Section 4.  Subsection (1) of section 106.141, Florida

29  Statutes, is amended to read:

30         106.141  Disposition of surplus funds by candidates.--

31  

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    Florida Senate - 2004                                   SB 516
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 1         (1)  Each candidate who withdraws his or her candidacy,

 2  becomes an unopposed candidate, or is eliminated as a

 3  candidate, or is elected to office shall, no later than 90

 4  days after such withdrawal, elimination, or election within 90

 5  days, dispose of the funds on deposit in his or her campaign

 6  account and file a report reflecting the disposition of all

 7  remaining funds. Such candidate shall not accept any

 8  contributions, nor shall any person accept contributions on

 9  behalf of such candidate, after the candidate withdraws his or

10  her candidacy, becomes an unopposed candidate, or is

11  eliminated or elected. However, if a candidate receives a

12  refund check after all surplus funds have been disposed of,

13  the check may be endorsed by the candidate and the refund

14  disposed of under this section.  An amended report must be

15  filed showing the refund and subsequent disposition.

16         Section 5.  Section 106.1437, Florida Statutes, is

17  amended to read:

18         106.1437  Miscellaneous advertisements.--

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

20         (a)  "Electioneering advertisement" means a paid

21  expression in any communications media prescribed in s.

22  106.011(13) published on the day of any election or any of the

23  the preceding 29 days which names or depicts a candidate for

24  office in that election or which references a clearly

25  identifiable ballot measure in that election. Any

26  advertisement that qualifies as an independent expenditure

27  pursuant to s. 106.011(5) or a political advertisement

28  pursuant to s. 106.011(17) is not an electioneering

29  advertisement for purposes of this section. However, the term

30  does not include:

31  

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 1         1.  A statement or depiction by an organization, in

 2  existence prior to the time during which the candidate named

 3  or depicted qualifies or the issue clearly referenced is

 4  placed on the ballot for that election, made in that

 5  organization's newsletter, which newsletter is distributed

 6  only to members of that organization.

 7         2.  An editorial endorsement by any newspaper, radio,

 8  or television station or other recognized news medium. 

 9         (b)  "Contribution" means:

10         1.  A gift, subscription, conveyance, deposit, loan,

11  payment, or distribution of money or anything of value,

12  including contributions in kind having an attributable

13  monetary value in any form, made for the purpose of funding or

14  sponsoring an electioneering advertisement.

15         2.  A transfer of funds between a political committee

16  or a committee of continuous existence and a person funding or

17  sponsoring an electioneering advertisement.

18         3.  The payment, by any person other than a candidate

19  or political committee, of compensation for the personal

20  services of another person which are rendered to a person

21  funding or sponsoring an electioneering advertisement.

22         (c)  "Expenditure" means a purchase, payment,

23  distribution, loan, advance, or gift of money or anything of

24  value made for the purpose of funding or sponsoring an

25  electioneering advertisement. However, the term does not

26  include a purchase, payment, distribution, loan, advance, or

27  gift of money or anything of value made for the purpose of

28  funding or sponsoring an electioneering advertisement when

29  made by an organization, in existence prior to the time during

30  which a candidate qualifies or a ballot measure is placed on

31  the ballot for that election, for the purpose of printing or

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 1  distributing the organization's newsletter, containing a

 2  statement by the organization in support of or opposition to a

 3  candidate or ballot measure, which newsletter is distributed

 4  only to members of the organization.

 5         (2)  Each person that sponsors or funds an

 6  electioneering advertisement must file regular reports of all

 7  contributions received and all expenditures made by such

 8  person with the same officer as a political committee

 9  supporting or opposing the candidate named or depicted or the

10  ballot measure referenced in the advertisement. Such reports

11  must contain the same information and are subject to the same

12  filing requirements as reports required under s. 106.07 for

13  candidates not receiving public financing.

14         (3)(a)  If the initial publication of the

15  electioneering advertisement occurs after the final regular

16  report is due under subsection (2) but before the polls close

17  on election day, the person funding or sponsoring the

18  advertisement must file a report electronically with the

19  division no later than 1 hour after the initial publication of

20  the advertisement. The report must contain the same

21  information as required of a candidate by s. 106.07(4). Upon

22  receipt of the filing, the division shall electronically

23  transmit a confirmation of receipt to the person filing the

24  report. If the person is unable to file electronically for any

25  reason, a written report containing the required information

26  may be faxed or hand delivered to the division no later than 1

27  hour after the initial publication of the advertisement.

28  However, if a report due to be filed under this paragraph on a

29  Saturday, Sunday, or legal holiday cannot be electronically

30  filed because of problems with Internet communications, the

31  report must be filed either electronically, by facsimile, or

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 1  by hand delivery with the division no later than 10 a.m. on

 2  the next business day.

 3         (b)  The division shall adopt rules providing for

 4  electronic filing which must, at a minimum, provide that:

 5         1.  The division shall develop an electronic filing

 6  system using the Internet or other on-line technologies; and

 7         2.  The system must be reasonably secure and be

 8  designed to elicit the name, address, birthdate, and any other

 9  information necessary to authenticate the identity of the

10  person submitting the report.

11         (c)  Information filed with the division pursuant to

12  this subsection must also be included on the next regular

13  report required under subsection (2).

14         (4)(a)  The following persons shall file the reports

15  required in subsections (2) and (3), shall certify as to the

16  correctness of each report, and shall bear the responsibility

17  for the accuracy and veracity of each report:

18         1.  The candidate and his or her campaign treasurer, if

19  the person funding or sponsoring the electioneering

20  advertisement is a candidate;

21         2.  The committee chair and treasurer of the committee,

22  if the person funding or sponsoring the electioneering

23  advertisement is a political committee, committee of

24  continuous existence, or executive committee of a political

25  party;

26         3.  The individual, if the person funding or sponsoring

27  the electioneering advertisement is a natural person who is

28  not a candidate; or

29         4.  An individual designated by the organization, if

30  the person funding or sponsoring the electioneering

31  advertisement is a group other than a political committee,

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    Florida Senate - 2004                                   SB 516
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 1  committee of continuous existence, or executive committee of a

 2  political party. The name, address, and title of the

 3  designated individual must be filed with the division in

 4  writing before, or at the same time as, the filing of the

 5  initial report.

 6  

 7  Such a person is liable for a violation of report-filing

 8  requirements to the same extent as candidates pursuant to ss.

 9  106.07(5), 106.19, and 106.265.

10         (b)  In addition to the penalties prescribed in

11  paragraph (a), the person funding or sponsoring an

12  electioneering advertisement and the person responsible for

13  reporting under this subsection are jointly and severally

14  liable for late filing fines assessed by the Florida Elections

15  Commission pursuant to s. 106.07(8). Any such person may

16  appeal or dispute the fine in accordance with s. 106.07(8)(c).

17         (5)(a)  Any electioneering advertisement must

18  prominently state, "Paid advertisement paid for or sponsored

19  by ... (Name of person funding or sponsoring the

20  electioneering advertisement)...," followed by the address of

21  the person funding or sponsoring the advertisement.

22         (b)  The Florida Elections Commission may, upon finding

23  a violation of this subsection, impose a civil penalty in the

24  form of fines not exceeding $5,000 or the total cost of the

25  advertisements without the proper disclaimer, whichever is

26  greater. In determining the amount of the penalty, the

27  commission must consider any mitigating or aggravating

28  circumstances prescribed in s. 106.265. This penalty shall

29  substitute for the penalties provided in s. 106.265, shall be

30  deposited into the General Revenue Fund of the state, and, if

31  necessary, shall be collected pursuant to s. 106.265(2).

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    Florida Senate - 2004                                   SB 516
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 1         (6)  A person may not make a contribution through or in

 2  the name of another, directly or indirectly, for the purpose

 3  of funding an electioneering advertisement. Any advertisement,

 4  other than a political advertisement, on billboards, bumper

 5  stickers, radio, or television, or in a newspaper, a magazine,

 6  or a periodical, intended to influence public policy or the

 7  vote of a public official, shall clearly designate the sponsor

 8  of such advertisement by including a clearly readable

 9  statement of sponsorship.  If the advertisement is broadcast

10  on television, the advertisement shall also contain a verbal

11  statement of sponsorship.  This section shall not apply to an

12  editorial endorsement.

13         Section 6.  If any provision of this act or its

14  application to any person or circumstance is held invalid, the

15  invalidity does not affect other provisions or applications of

16  the act which can be given effect without the invalid

17  provision or application, and to this end the provisions of

18  this act are severable.

19         Section 7.  This act shall take effect January 1, 2005.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Creates the "Florida Advertising Campaign Exposure Act."
      Redefines the term "communications media." Extends the
24    time for unopposed candidates to purchase "thank-you"
      advertising. Extends the date by which unopposed
25    candidates must file a termination report, to conform.
      Modifies reporting requirements for miscellaneous
26    advertisements intended to influence public policy.
      Prescribes prohibitions and exemptions. Provides
27    penalties. Provides for severability.

28  

29  

30  

31  

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