February 22, 2020
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       Florida Senate - 2010                             CS for SB 1672
       
       
       
       By the Committee on Ethics and Elections; and Senators Crist,
       Aronberg, and Haridopolos
       
       
       
       582-04693-10                                          20101672c1
    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         authorizing a candidate or political committee to
   13         place a statement on a social networking website or
   14         account indicating that the site or account is an
   15         official site or account approved by the candidate or
   16         political committee; prohibiting an official
   17         designation without the prior approval by the
   18         candidate or political committee; providing an
   19         effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. This act may be cited as the “Technology in
   24  Elections Act.”
   25         Section 2. Subsection (1) of section 106.143, Florida
   26  Statutes, is amended, present subsection (8) of that section is
   27  renumbered as subsection (9), and a new subsection (8) is added
   28  to that section, to read:
   29         106.143 Political advertisements circulated prior to
   30  election; requirements.—
   31         (1)(a) Any political advertisement that is paid for by a
   32  candidate and that is published, displayed, or circulated prior
   33  to, or on the day of, any election must prominently state:
   34         1. “Political advertisement paid for and approved by
   35  ...(name of candidate)..., ...(party affiliation)..., for
   36  ...(office sought)....”; or
   37         2. “Paid by ...(name of candidate)..., ...(party
   38  affiliation)..., for ...(office sought)....”
   39         (b) Any other political advertisement published, displayed,
   40  or circulated prior to, or on the day of, any election must
   41  prominently:
   42         1. Be marked “paid political advertisement” or with the
   43  abbreviation “pd. pol. adv.”
   44         2. State the name and address of the persons sponsoring the
   45  advertisement.
   46         3.a.(I) State whether the advertisement and the cost of
   47  production is paid for or provided in kind by or at the expense
   48  of the entity publishing, displaying, broadcasting, or
   49  circulating the political advertisement; or
   50         (II) State who provided or paid for the advertisement and
   51  cost of production, if different from the source of sponsorship.
   52         b. This subparagraph does not apply if the source of the
   53  sponsorship is patently clear from the content or format of the
   54  political advertisement.
   55         (c) Any political advertisement made pursuant to s.
   56  106.021(3)(d) must be marked “paid political advertisement” or
   57  with the abbreviation “pd. pol. adv.” and must prominently
   58  state, “Paid for and sponsored by ...(name of person paying for
   59  political advertisement).... Approved by ...(names of persons,
   60  party affiliation, and offices sought in the political
   61  advertisement)....”
   62  
   63  This subsection does not apply to campaign messages used by a
   64  candidate and the candidate’s supporters if those messages are
   65  designed to be worn by a person.
   66         (8) This section does not apply to any campaign message or
   67  political advertisement used by a candidate and the candidate’s
   68  supporters or by a political committee if the message or
   69  advertisement is:
   70         (a) Designed to be worn by a person.
   71         (b) Placed as a paid link on an Internet website, provided
   72  the message or advertisement is no more than 200 characters in
   73  length and the link directs the user to another Internet website
   74  that complies with subsection (1).
   75         (c)Placed as a graphic or picture link where compliance
   76  with the requirements of this section is not reasonably
   77  practical due to the size of the graphic or picture link and the
   78  link directs the user to another Internet website that complies
   79  with subsection (1).
   80         (d) Placed at no cost on an Internet website for which
   81  there is no cost to post content for public users.
   82         (e) Placed or distributed on an unpaid profile or account
   83  which is available to the public without charge or on a social
   84  networking Internet website, as long as the source of the
   85  message or advertisement is patently clear from the content or
   86  format of the message or advertisement. A candidate or political
   87  committee may prominently display a statement indicating that
   88  the website or account is an official website or account of the
   89  candidate or political committee and is approved by the
   90  candidate or political committee. A website or account may not
   91  be marked as official without prior approval by the candidate or
   92  political committee.
   93         (f) Distributed as a text message or other message via
   94  Short Message Service, provided the message is no more than 200
   95  characters in length or requires the recipient to sign up or opt
   96  in to receive it.
   97         (g) Connected with or included in any software application
   98  or accompanying function, provided that the user signs up, opts
   99  in, downloads, or otherwise accesses the application from or
  100  through a website that complies with subsection (1).
  101         (h) Sent by a third-party user from or through a campaign
  102  or committee’s website, provided the website complies with
  103  subsection (1).
  104         (i) Contained in or distributed through any other
  105  technology-related item, service, or device for which compliance
  106  with subsection (1) is not reasonably practical due to the size
  107  or nature of such item, service, or device as available, or the
  108  means of displaying the message or advertisement makes
  109  compliance with subsection (1) impracticable.
  110         (9)(8) Any person who willfully violates any provision of
  111  this section is subject to the civil penalties prescribed in s.
  112  106.265.
  113         Section 3. This act shall take effect upon becoming a law.

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