Political Advertising Laws in the State of Florida

On July 24, 2003 the Florida Department of State released a media advisory announcing Governor Bush's and Secretary of State Hood's enactment of the Federal Help America Vote Act ("HAVA") of 2002. Florida remains at the forefront of election reform with the enactment into law of the legislation implementing HAVA. Most of HAVA was modeled after Florida's own Election Reform Act of 2001 and the Voter Accessibility Act of 2002. Mostly the new laws establish the procedure for conducting an election such as voter registration and the collection of votes. However, the new law creates a landscape for the political advertiser during the current election year in Florida. Our friendly and bilingual staff at the Cabrera-Rico Law Firm with offices located in Coral Gables, Florida can advise you regarding compliance with Florida's comprehensive laws regulating political advertisements and campaigns. The following is meant to be a brief summary of Florida's political advertising law for informative purposes only. Please visit with us in person or contact us on the world wide web at www.cabrera-rico.com.

Advertising Do's and Dont's in the State of Florida during the Election Year:

1. Do realize that a "political advertisement" is any paid expression in any mass media, including newspapers, radio, and television, by a group or individual who supports or opposes any candidate or position for or against any local or state issue.

2. Do hire counsel that is familiar with Chapter 106, Florida Statutes, pertaining to Political Advertisement Law if you are going to work on political campaigns. Chapter 106 applies to all state and county elections.

3. Do include the words "paid political advertisement," or abbreviation "pd. pol. adv." in your political advertisement.

4. Do include appropriate disclaimers:

a. Do identify the persons or organizations sponsoring in your advertisement if not patently clear from its content and format.
b. Do state what entity has paid for in part for the production costs if different from the sponsors.
c. Do state if the advertisement is paid for or provided in kind by the newspaper, magazine, circular, radio station or television station that carries it.
d. Do state the name of the candidate's political party if the ad is for partisan office.

5. Do express whether a candidate's permission has been obtained if your ad endorses him or her.

6. If you have not obtained the candidate's permission for an ad, then include the words, "Paid political advertisement paid for by _________ independently of any candidate," and insert the advertiser's name.

7. Don't include the words "re-elect" in your ad unless you are the incumbent of the office for which you are running.

8. Do include the word "for" between the candidate's name and the office for which he or she is running so that you don't imply incumbency.

9. Do pay for the political advertisement with a campaign check from the candidate's campaign account and not through an advertising agency, if the ad is placed by the candidate or his or her political committee.

10. Do register with the Secretary of State if you are an independent person or committee paying in excess of $100 for a political advertisement.

11. Do identify the persons or organizations sponsoring any telephone calls supporting or opposing a political candidate or elected official.

12. Do file the prior written consent for any telephone calls made in support of or opposition to candidate or sponsor of ballot proposal.

13. All disclaimers required for political advertisements also apply to on-line computer solicitation by a candidate, political party, or political committee.

14. Don't worry about disclaimers on any political ad designed to be worn by a person because such items are specifically exempted from the required content. Apparently, campaign buttons and T-shirts are the remaining bastions of free-speech for political advertisers in Florida!!!

By Eric Contreras, Esquire
Cabrera & Rico Law Office
Florida Branch
January 15, 2004