Florida Statutes|Section 106.143

                                                

106.143 Political advertisements circulated prior to election; requirements.

(1)(a) Any political advertisement that is paid for by a candidate, except a write-in 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 political advertisement that is paid for by a write-in 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)  , write-in candidate, for   (office sought)  ”; or
2. “Paid by   (name of candidate)  , write-in candidate, for   (office sought)  .”
(c) 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 paying for the advertisement.
3. 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.
(d) Any political advertisement made pursuant to s. 106.021(3)(d) must prominently state the name and address of the political committee or political party paying for the advertisement.
(2) Political advertisements made as in-kind contributions from a political party must prominently state: “Paid political advertisement paid for in-kind by   (name of political party)  . Approved by   (name of person, party affiliation, and office sought in the political advertisement)  .”
(3) 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. A political advertisement of a candidate running for nonpartisan office may not state the candidate’s political party affiliation. This section does not prohibit a political advertisement from stating the candidate’s partisan-related experience. A candidate for nonpartisan office is prohibited from campaigning based on party affiliation.
(4) 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.
(5)(a) Any political advertisement not paid for by a candidate, including those paid for by a political party or affiliated party committee, other than an independent expenditure, offered 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, unless the political advertisement is published, displayed, or circulated in compliance with subparagraph (1)(a)2., 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.
(6) 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.
(7) Political advertisements paid for by a political party or an affiliated party committee may use names and abbreviations as registered under s. 103.081 in the disclaimer.
(8) 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.
(9) 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.
(10) 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) 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).
(g) Sent by a third-party user from or through a campaign or committee’s website, provided the website complies with subsection (1).
(h) 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.
(11) 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; ss. 17, 30, ch. 2011-6; s. 66, ch. 2011-40; HJR 7105, 2011 Regular Session; s. 9, ch. 2012-5; s. 3, ch. 2021-49. Note.—Former s. 104.37.
Previous Section

Doc thumbnail Section 106.141

Next Section

Doc thumbnail Section 106.1435

View Latest Documents

preview-icon 8 pages

Filing # 45645990 E-Filed 08/24/2016 04:16:59 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.: 16-020524-CA-01 (09) JASON BLOCH, Plaintiff, VS. MARCIA DEL REY; STAND UP TO VIOLENCE, an Electioneering Communications Organization; JORGE ALBERTO BALLESTE, Chairperson of Stand Up to Violence; CHRISTINA WHITE, solely in her official capacity as Miami-Dade County Supervisor of Elections; and KEN DETZNER, solely in his official capacity as Fl…

Case Filed

Aug 10, 2016

Case Status

CLOSED

County

Miami-Dade County, FL

Filed Date

Aug 24, 2016

Category

Injunctive Relief

preview-icon 7 pages

Filing # 77062819 E-Filed 08/27/2018 03:52:23 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION “AB” CASE NO. 50202018 CA 010672XXXMB SIDNEY F. DINERSTEIN, a Palm Beach Gardens registered voter and qualified elector…

Case Filed

Aug 22, 2018

Case Status

Closed

County

Palm Beach County, FL

Filed Date

Aug 27, 2018

Category

CONST CHALLENGE PROPOSED AMEND

preview-icon 33 pages

Filing # 78349905 E-Filed 09/24/2018 08:52:43 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL DIVISION CASE NO. 2018-029454-CA- 01 (32) CITY OF OPA LOCKA, et al., a Florida corporation, Plaintiff, vs. DOROTHY JOHNSON and ROSE TYDUS, et al., Defendants. / DEFENDANTS DOROTHY JOHNSON AND ROSE TYDUS’ AMENDED MOTION FOR JUDGMENT ON THE PLEADINGS Defendants Dorothy Johnson and Rose Tydus, pursuant to Rule 1.140(c) of the Florida Rules of Civil …

Case Filed

Aug 30, 2018

Case Status

CLOSED

County

Miami-Dade County, FL

Filed Date

Sep 24, 2018

Category

Declaratory Judgment

preview-icon 11 pages

Filing # 108961740 E-Filed 06/16/2020 09:37:17 PM IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502020CA005748XXXXMBAE ANN VANDERSTEEL Plaintiff Vv. KAREN MARCUS and WENDY SARTORY LINK, in her official capacity a Palm Beach County Supervisor of /elections Defendants. PE DEFENDANT KAREN MARCUS MOTION FOR SUMMARY JUDGEMENT IN RESPONSE TO VANDERSTEEL’S COMPLAINT The defendant, KAREN MARCUS, by and through her undersigned counsel, hereby files…

Case Filed

May 27, 2020

Case Status

Open

County

Palm Beach County, FL

Filed Date

Jun 16, 2020

Category

OTHER CIRCUIT

preview-icon 60 pages

IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIRCUIT CIVIL DIVISION BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA, Plaintiff, 2006 V. , Case No. 20006—CA-7727NC SARASOTA ALLIANCE FOR FAIR ELECTIONS, a registered Florida political action committee; KATHY DENT, as Supervisor of Elections for Sarasota © nN County, Florida; INTERIM FLORIDA SECRETARY 25 2 2 OF STATE, DAWN ROBERTS, in her official Se el om capacity, © Ve = 4 > — mm e…

County

Sarasota County, FL

Filed Date

Jun 04, 2010

Judge

DIVISION A, CIRCUIT

View More Documents

Please wait a moment while we load this page.

New Envelope