The Florida Legislature has passed legislation reenacting regulations that would impact the activities of “electioneering communications organizations (ECOs).” [CS/CS/HB 131] This legislation is intended to address the decision of the United States District Court of the Northern District of Florida in The Broward Coalition of Condominiums, Homeowners Associations and Community Organizations, Inc., v. Browning, Case No. 4:08cv445-SPM/WCS (N.D. Fla. May 22, 2009), which declared the regulations of ECOs in effect in 2008 unconstitutional. If signed into law by the Governor, the legislation would take effect upon becoming law and would be applicable to the upcoming 2010 election cycle.
The legislation reenacts and amends provisions related to electioneering communications and electioneering communication organizations (ECOs) to do the following:
· Redefines "electioneering communication" to remove reference to issues, specify the allowable communication formats, regulate advocacy that is the functional equivalent of express advocacy, and provide timeframes for the communications.
· Removes reference to a specific number of persons who must be targeted in a geographic area in the definition of "electioneering communication" to only refer to targeting to "relevant electorate in the geographic area the candidate would represent if elected."
· Redefines "electioneering communications organization" to clarify that it includes only those organizations with "election-related activities” that are limited to electioneering communications and that its activities would not require the group to register as a political party, political committee, or committee of continuous existence.
· Amends the definition of "political committee" to remove the requirement that an ECO conform to specified requirements of a "political committee" when it is specifically exempt from the definition.
· Provides separate registration and reporting requirements for ECOs.
· Requires an organization to register as an ECO upon receipt or expenditure of an aggregate amount exceeding $5,000, rather than when it "anticipates receipt or expenditure of money."
· Increases the amount an individual can expend before being subject to regulation from $100 to $5,000.
· Removes provisions identified as an impermissible burden on speech.
Prepared by:
