Thursday, December 31, 2009

IN HAEC VERBA: New Florida law bans governments from spending money on election issues

CHAPTER 2009-125
Senate Bill No. 216
An act relating to campaign financing; creating s. 106.113, F.S.; defining
the terms “local government” and “public funds”; prohibiting a
local government from expending, and a person or group from accepting,
public funds for a political advertisement or electioneering
communication concerning an issue, referendum, or amendment
that is subject to the vote of the electors; providing an exception for
certain electioneering communications; clarifying restrictions with
respect to local officials; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 106.113, Florida Statutes, is created to read:
106.113 Expenditures by local governments.—
(1) As used in this section, the term:
(a) “Local government” means:
1. A county, municipality, school district, or other political subdivision in
this state; and
2. Any department, agency, board, bureau, district, commission, authority,
or similar body of a county, municipality, school district, or other political
subdivision of this state.
(b) “Public funds” means all moneys under the jurisdiction or control of
the local government.
(2) A local government or a person acting on behalf of local government
may not expend or authorize the expenditure of, and a person or group may
not accept, public funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment, including any
state question, that is subject to a vote of the electors.
This subsection does not apply to an electioneering communication from a local government or a
person acting on behalf of a local government which is limited to factual
information.

(3) With the exception of the prohibitions specified in subsection (2), this
section does not preclude an elected official of the local government from
expressing an opinion on any issue at any time.
Section 2. This act shall take effect July 1, 2009.
Approved by the Governor June 10, 2009.
Filed in Office Secretary of State June 10, 2009.

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