Bill Text: FL S1672 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Political Advertisements [GPSC]

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-04-29 - Placed on Special Order Calendar; Read 2nd time -SJ 01008; Amendment(s) adopted (164906) -SJ 01008; Substituted CS/CS/HB 869 (Died on Senate Calendar) -SJ 01008; Laid on Table, companion bill(s) passed, see CS/CS/HB 131 (Ch. 2010-167) -SJ 01008 [S1672 Detail]

Download: Florida-2010-S1672-Introduced.html

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Florida Senate - 2010                                    SB 1672 
 
By Senator Crist 
12-01069A-10                                          20101672__ 
1                        A bill to be entitled 
2         An act relating to political advertisements; providing 
3         a short title; amending s. 106.143, F.S.; providing an 
4         alternative statement that may be used to identify a 
5         candidate as the sponsor of a political advertisement 
6         under certain circumstances; providing circumstances 
7         under which certain campaign messages and political 
8         advertisements are not required to state or display 
9         specific information regarding the identity of the 
10         candidate, his or her party affiliation, and the 
11         office sought in the message or advertisement; 
12         providing an effective date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. This act may be cited as the “Technology in 
17  Elections Act.” 
18         Section 2. Subsection (1) of section 106.143, Florida 
19  Statutes, is amended to read: 
20         106.143 Political advertisements circulated prior to 
21  election; requirements.— 
22         (1)(a) Any political advertisement that is paid for by a 
23  candidate and that is published, displayed, or circulated prior 
24  to, or on the day of, any election must prominently state: 
25         1. “Political advertisement paid for and approved by 
26  ...(name of candidate)..., ...(party affiliation)..., for 
27  ...(office sought)....”; or 
28         2. “Paid by ...(name of candidate)..., ...(party 
29  affiliation)..., for ...(office sought)....” 
30         (b) Any other political advertisement published, displayed, 
31  or circulated prior to, or on the day of, any election must 
32  prominently: 
33         1. Be marked “paid political advertisement” or with the 
34  abbreviation “pd. pol. adv.” 
35         2. State the name and address of the persons sponsoring the 
36  advertisement. 
37         3.a.(I) State whether the advertisement and the cost of 
38  production is paid for or provided in kind by or at the expense 
39  of the entity publishing, displaying, broadcasting, or 
40  circulating the political advertisement; or 
41         (II) State who provided or paid for the advertisement and 
42  cost of production, if different from the source of sponsorship. 
43         b. This subparagraph does not apply if the source of the 
44  sponsorship is patently clear from the content or format of the 
45  political advertisement. 
46         (c) Any political advertisement made pursuant to s. 
47  106.021(3)(d) must be marked “paid political advertisement” or 
48  with the abbreviation “pd. pol. adv.” and must prominently 
49  state, “Paid for and sponsored by ...(name of person paying for 
50  political advertisement).... Approved by ...(names of persons, 
51  party affiliation, and offices sought in the political 
52  advertisement)....” 
53         (d) This subsection does not apply to any campaign message 
54  or political advertisement messages used by a candidate and the 
55  candidate’s supporters or by a political committee if the 
56  message or advertisement is: those messages are 
57         1. Designed to be worn by a person. 
58         2. Placed as a paid link on an Internet website, provided 
59  the message or advertisement is no more than 200 characters in 
60  length and the link directs the user to another Internet website 
61  that complies with paragraph (a), paragraph (b), or paragraph 
62  (c). 
63         3. Placed as a graphic or picture link on an Internet 
64  website that directs the user to another Internet website that 
65  complies with the requirements of this section; however, the 
66  link must contain the disclaimer required in paragraph (a), 
67  paragraph (b), or paragraph (c), which shall make up at least 5 
68  percent of the total graphic or picture and may not otherwise be 
69  illegible or concealed. 
70         4. Placed at no cost on an Internet website for which there 
71  is no cost to post content for public users. 
72         5. Placed or distributed on an unpaid profile or account 
73  which is available to the public without charge or on a social 
74  networking Internet website, as long as the source of the 
75  message or advertisement is patently clear from the content or 
76  format of the message or advertisement. 
77         6. Distributed as a text message or other message via Short 
78  Message Service, provided the message is no more than 200 
79  characters in length or requires the recipient to sign up or opt 
80  in to receive it. 
81         7. Connected with or included in any software application 
82  or accompanying function, provided that the user signs up, opts 
83  in, downloads, or otherwise accesses the application from or 
84  through a website that complies with paragraph (a), paragraph 
85  (b), or paragraph (c). 
86         8. Sent by a third-party user from or through a campaign or 
87  committee’s website, provided the website complies with 
88  paragraph (a), paragraph (b), or paragraph (c). 
89         9. Contained in or distributed through any other 
90  technology-related item, service, or device for which compliance 
91  with paragraph (a), paragraph (b), or paragraph (c) is not 
92  reasonably practical due to the size or nature of such item, 
93  service, or device as available, or the means of displaying the 
94  message or advertisement makes compliance with paragraph (a), 
95  paragraph (b), or paragraph (c) impracticable. 
96         Section 3. This act shall take effect July 1, 2010.