A bill was filed in the Florida Senate that would prohibit elected or appointed officials from using their power to influence or intimidate a broadcaster to air or refrain from airing certain political advertisements. Sen. Carlos Guillermo Smith (D-Orlando) filed the bill on Wednesday.
Under SB 852, an elected official may not use their position to "compel, coerce, induce, or intimidate" on-air personnel from showing such advertisements.
"The Legislature finds that the freedom of the press and the independence of broadcasters are fundamental to democracy. This act seeks to prevent the misuse of elected by elected or appointed officials governmental officials to interfere with broadcasters' decisions regarding the airing of political advertisements, particularly those related to statewide ballot initiatives," the bill reads.
The bill noted a ballot initiative as a "constitutional amendment, referendum, or measure submitted to voters" in Florida's election.
As a further protection, an elected or appointed official would be banned from withholding or promising state funding to a broadcaster over their decision to air certain advertisements.
According to the bill, an elected or appointed official would face a third-degree felony. The subject would also be removed from office per Florida's Constitution and prohibited from holding office permanently.
The Commission on Ethics would be in charge of all complaints and investigations.
Back in October, Senate Democratic Leader Jason Pizzo filed a court order against the State of Florida for allegedly misusing taxpayer money to fund a ballot initiative opposing the legalization of recreational marijuana.
“Our challenge is to FDOT’s [the Florida Department of Transportation] misuse of taxpayer dollars to influence the election as violating the appropriations power under the Florida Constitution,” Jason Pizzo said at the time. “There is no appropriation for FDOT to spend money on elections.”
If passed, SB 860 would take effect on July 1.
