| 1 | A bill to be entitled |
| 2 | An act relating to campaign financing; creating s. |
| 3 | 106.113, F.S.; defining the terms "local government" and |
| 4 | "public funds"; prohibiting a local government from |
| 5 | expending, directly or indirectly, public funds to support |
| 6 | or oppose an issue, referendum, or amendment that is |
| 7 | subject to a vote of the electors; prohibiting a person or |
| 8 | group from accepting public funds from a local government |
| 9 | that are intended to support or oppose an issue, |
| 10 | referendum, or amendment that is subject to a vote of the |
| 11 | electors; prohibiting a local government from expending |
| 12 | public funds for a political advertisement; providing an |
| 13 | exception for a communication from a local government that |
| 14 | factually and objectively describes the purposes of an |
| 15 | issue, referendum, or amendment and does not advocate for |
| 16 | the passage or defeat of the issue, referendum, or |
| 17 | amendment; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 106.113, Florida Statutes, is created |
| 22 | to read: |
| 23 | 106.113 Expenditures by local governments.-- |
| 24 | (1) As used in this section, the term: |
| 25 | (a) "Local government" means: |
| 26 | 1. A county, municipality, school district, or other |
| 27 | political subdivision in this state; and |
| 28 | 2. Any department, agency, board, bureau, district, |
| 29 | commission, authority, or similar body of a county, |
| 30 | municipality, school district, or other political subdivision of |
| 31 | this state. |
| 32 | (b) "Public funds" means all moneys under the jurisdiction |
| 33 | or control of a local government. |
| 34 | (2) A local government or a person acting on behalf of a |
| 35 | local government may not expend, directly or indirectly, public |
| 36 | funds to support or oppose an issue, referendum, or amendment |
| 37 | that is subject to a vote of the electors. |
| 38 | (3) A person or group may not accept public funds from a |
| 39 | local government or a person acting on behalf of a local |
| 40 | government that are intended to support or oppose an issue, |
| 41 | referendum, or amendment that is subject to a vote of the |
| 42 | electors. |
| 43 | (4) A local government or a person acting on behalf of a |
| 44 | local government may not expend or authorize the expenditure of |
| 45 | public funds for a political advertisement. |
| 46 | (5) This section does not apply to a communication from a |
| 47 | local government or a person acting on behalf of a local |
| 48 | government that factually and objectively describes the purpose |
| 49 | of an issue, referendum, or amendment and does not advocate for |
| 50 | the passage or defeat of the issue, referendum, or amendment. |
| 51 | However, before a communication authorized under this subsection |
| 52 | may be disseminated, the communication must be approved by a |
| 53 | majority of the members of the elected body of the local |
| 54 | government. |
| 55 | (6) This section does not prohibit the use of public |
| 56 | meeting places that are under the control of the local |
| 57 | government by candidates, political organizations, or others if |
| 58 | the meeting places are made available to all candidates, |
| 59 | political organizations, or others on an equal basis. However, |
| 60 | this subsection does not create a right of a candidate or |
| 61 | political organization to use such public meeting places. |
| 62 | Section 2. This act shall take effect July 1, 2007. |