106.143 Political advertisements circulated prior to election; requirements.
106.143 Political advertisements circulated prior to election; requirements.
(1)(a) Any political advertisement that is paid for by a candidate and that is published, displayed, or circulated before, or on the day of, any election must prominently state:
1. “Political advertisement paid for and approved by (name of candidate) , (party affiliation) , for (office sought) ”; or
2. “Paid by (name of candidate) , (party affiliation) , for (office sought) .”
(b) Any other political advertisement published, displayed, or circulated before, or on the day of, any election must prominently:
1. Be marked “paid political advertisement” or with the abbreviation “pd. pol. adv.”
2. State the name and address of the persons sponsoring the advertisement.
3.a.(I) State whether the advertisement and the cost of production is paid for or provided in kind by or at the expense of the entity publishing, displaying, broadcasting, or circulating the political advertisement; or
(II) State who provided or paid for the advertisement and cost of production, if different from the source of sponsorship.
b. This subparagraph does not apply if the source of the sponsorship is patently clear from the content or format of the political advertisement.
(c) Any political advertisement made pursuant to s. 106.021(3)(d) must be marked “paid political advertisement” or with the abbreviation “pd. pol. adv.” and must prominently state, “Paid for and sponsored by (name of person paying for political advertisement) . Approved by (names of persons, party affiliation, and offices sought in the political advertisement) .”
(2) Any political advertisement of a candidate running for partisan office shall express the name of the political party of which the candidate is seeking nomination or is the nominee. If the candidate for partisan office is running as a candidate with no party affiliation, any political advertisement of the candidate must state that the candidate has no party affiliation.
(3) It is unlawful for any candidate or person on behalf of a candidate to represent that any person or organization supports such candidate, unless the person or organization so represented has given specific approval in writing to the candidate to make such representation. However, this subsection does not apply to:
(a) Editorial endorsement by any newspaper, radio or television station, or other recognized news medium.
(b) Publication by a party committee advocating the candidacy of its nominees.
(4)(a) Any political advertisement, including those paid for by a political party, other than an independent expenditure, offered by or on behalf of a candidate must be approved in advance by the candidate. Such political advertisement must expressly state that the content of the advertisement was approved by the candidate and must state who paid for the advertisement. The candidate shall provide a written statement of authorization to the newspaper, radio station, television station, or other medium for each such advertisement submitted for publication, display, broadcast, or other distribution.
(b) Any person who makes an independent expenditure for a political advertisement shall provide a written statement that no candidate has approved the advertisement to the newspaper, radio station, television station, or other medium for each such advertisement submitted for publication, display, broadcast, or other distribution. The advertisement must also contain a statement that no candidate has approved the advertisement.
(c) This subsection does not apply to campaign messages used by a candidate and his or her supporters if those messages are designed to be worn by a person.
(5) No political advertisement of a candidate who is not an incumbent of the office for which the candidate is running shall use the word “re-elect.” Additionally, such advertisement must include the word “for” between the candidate’s name and the office for which the candidate is running, in order that incumbency is not implied. This subsection does not apply to bumper stickers or items designed to be worn by a person.
(6) This section does not apply to novelty items having a retail value of $10 or less which support, but do not oppose, a candidate or issue.
(7) Any political advertisement which is published, displayed, or produced in a language other than English may provide the information required by this section in the language used in the advertisement.
(8) This section does not apply to any campaign message or political advertisement used by a candidate and the candidate’s supporters or by a political committee if the message or advertisement is:
(a) Designed to be worn by a person.
(b) Placed as a paid link on an Internet website, provided the message or advertisement is no more than 200 characters in length and the link directs the user to another Internet website that complies with subsection (1).
(c) Placed as a graphic or picture link where compliance with the requirements of this section is not reasonably practical due to the size of the graphic or picture link and the link directs the user to another Internet website that complies with subsection (1).
(d) Placed at no cost on an Internet website for which there is no cost to post content for public users.
(e) Placed or distributed on an unpaid profile or account which is available to the public without charge or on a social networking Internet website, as long as the source of the message or advertisement is patently clear from the content or format of the message or advertisement. A candidate or political committee may prominently display a statement indicating that the website or account is an official website or account of the candidate or political committee and is approved by the candidate or political committee. A website or account may not be marked as official without prior approval by the candidate or political committee.
(f) Distributed as a text message or other message via Short Message Service, provided the message is no more than 200 characters in length or requires the recipient to sign up or opt in to receive it.
(g) Connected with or included in any software application or accompanying function, provided that the user signs up, opts in, downloads, or otherwise accesses the application from or through a website that complies with subsection (1).
(h) Sent by a third-party user from or through a campaign or committee’s website, provided the website complies with subsection (1).
(i) Contained in or distributed through any other technology-related item, service, or device for which compliance with subsection (1) is not reasonably practical due to the size or nature of such item, service, or device as available, or the means of displaying the message or advertisement makes compliance with subsection (1) impracticable.
(9) Any person who willfully violates any provision of this section is subject to the civil penalties prescribed in s. 106.265.
History. s. 8, ch. 26870, 1951; s. 1, ch. 61-145; s. 21, ch. 65-379; s. 57, ch. 71-136; s. 30, ch. 73-128; s. 52, ch. 77-175; s. 30, ch. 81-304; s. 16, ch. 89-256; s. 35, ch. 90-315; s. 16, ch. 91-107; s. 646, ch. 95-147; s. 17, ch. 97-13; s. 18, ch. 99-318; s. 5, ch. 2004-252; s. 46, ch. 2007-30; s. 18, ch. 2010-167.
Note. Former s. 104.37.