[*] Pursuant to an assignment by the Speaker of the Florida House of Representatives during the 1995 interim period, the author, as an intern for the Florida House of Representatives Committee on Ethics & Elections, studied the subject of this Comment and compiled a report on his findings. Those findings are the basis of this Comment, and the author has excerpted portions of the report into the Comment. The views expressed in this Comment are those of the author and are not intended to reflect the opinion of the Florida House of Representatives or the Committee on Ethics & Elections. The author thanks Sarah Jane Bradshaw, staff director of the Committee on Ethics & Elections, for giving him the charge to complete the project, as well as the rest of the Committee staff for their assistance. The author also thanks Professor Steve Gey for his inspiration and assistance on First Amendment rights and Tommy Neal, policy specialist, National Conference of State Legislatures, for his assistance. (Editor's note: After the November 1996 elections, the Florida House of Representatives completely revamped its committee structure. The committee with oversight responsibility for the subject matter of this Comment is now called the Florida House of Representatives Committee on Election Reform.) Return to text.

[1] See Richard Stengel, Accentuating the Negative; Viewers, Beware: Campaign Commercials Can Be Nasty, TIME, Feb. 29, 1988, at 46. Return to text.

[2] See BRUCE L. FELKNOR, DIRTY POLITICS 20-21 (1966). Return to text.

[3] See id. Return to text.

[4] KAREN S. JOHNSON-CARTEE & GARY A. COPELAND, NEGATIVE POLITICAL ADVERTISING: COMING OF AGE 4-5 (Lawrence Erlbaum Assoc. eds., 1991) (quoting G.S. WOOD, THE DEMOCRATIZATION OF MIND IN THE AMERICAN REVOLUTION 109, reprinted in THE MORAL FOUNDATION OF THE AMERICAN REPUBLIC (R.H. Horwitz ed., 1978)) (discussing the attack ads found in 1791 publications, including The Gazette of the United States, owned by the Federalist party, and The National Gazette, owned by the Democratic-Republicans); JOHN M. BLUM ET AL., THE NATIONAL EXPERIENCE: A HISTORY OF THE UNITED STATES 144 (4th ed. 1977). Return to text.

[5] See FELKNOR, supra note 2, at 27 (Lincoln was called an "[a]pe, [b]uffoon, [c]oward, [and a] [d]runkard"). Return to text.

[6] See William Booth, Chiles Admits Campaign Made 'Scare Calls' in '94 Florida Gubernatorial Race, WASH. POST, Nov. 10, 1995, at A4. The anonymous telephone calls were made to 70,000 senior citizens in Florida; the aftermath has heightened Florida's awareness of negative campaign advertising. See David Segal, Fear in Florida: Did Scare Calls Influence a Race Too Close to Call?, WASH. POST, Mar. 4, 1996, at F13. Return to text.

[7] See L. Patrick Devlin, An Analysis of Presidential Television Commercials, 1952-1984, in NEW PERSPECTIVES ON POLITICAL ADVERTISING 21, 23 (Lynda Lee Kaid et al. eds., 1986). Return to text.

[8] See STEPHEN ANSOLABEHERE & SHANTO IYENGAR, GOING NEGATIVE: HOW ATTACK ADS SHRINK AND POLARIZE THE ELECTORATE 109 (1995). Return to text.

[9] See Howard Troxler & Tom Fiedler, Voters See Government Making Little Progress, TALL. DEM., Nov. 5, 1995, at 12A (citing Voices of Florida poll conducted by Selzer Boddy, Inc.). Return to text.

[10] See id. Return to text.

[11] See ANSOLABEHERE & IYENGAR, supra note 8, at 109. Return to text.

[12] See L. Patrick Devlin, Political Commercials in American Presidential Elections, in POLITICAL ADVERTISING IN WESTERN DEMOCRACIES 187-200 (Lynda Lee Kaid & Christina Holtz-Bacha eds., 1995). Return to text.

[13] See FLA. H.R. COMM. ON ETHICS & ELEC., DECEPTIVE AND FALSE ADVERTISING IN THE POLITICAL PROCESS 3 (1995) (on file with Fla. H.R. Comm. on Elec. Reform) [hereinafter DECEPTIVE AND FALSE ADVERTISING]. Return to text.

[14] See Devlin, supra note 12, at 196-97. Return to text.

[15] See id. at 187. "Swing voters are the 10% to 20% of the 50% to 60% of Americans who vote." Id. Researchers agree that swing voters are most affected by negative campaign advertising because they tend to be the least partisan and the least committed to candidates until quite close to election day. See id. Swing voters also are largely registered Independents. See id. "Today one person in three considers him or herself to be an Independent; a generation ago, less than one in four did." ANSOLABEHERE & IYENGAR, supra note 8, at 97. Return to text.

[16] See Devlin, supra note 12, at 195-96. Return to text.

[17] See FLA. STAT. § 104.271 (1995). Return to text.

[18] See Victor Kamber, Political Discourse Descends Into Trivia, ADVER. AGE, Feb. 1991, at 20. Return to text.

[19] In 1995, DOS's Division of Elections made a few internal election reforms. Some of the most notable were: establishing a World Wide Web home page that provides instantaneous access to county-by-county election totals; providing on-line access to Florida Administrative Weekly; and accepting electronic filing of campaign treasurer's reports and granting the public access to the information at no cost. See FLA. DEP'T OF STATE, CAMPAIGN & ELECTION REFORM LEGISLATIVE PROPOSALS 2-3 (1996); see also Division of Elections (visited Sept. 27, 1996) < http://election.dos.state.fl.us >. The Division's e-mail address is <election@mail.dos.state.fl.us >. Return to text.

[20] See, e.g., Fla. HB 1319 (1975) (proposing the creation of an elections board to hear elections complaints). Return to text.

[21] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 3. Return to text.

[22] See, e.g., Fla. HB 669 (1995) (proposing to make negative advertisements illegal). The First Amendment provides that "Congress shall make no law . . . abridging the freedom of speech . . . ." U.S. CONST. amend I. The First Amendment is made applicable to the states by the Due Process Clause of the Fourteenth Amendment. See Gitlow v. New York, 268 U.S. 652, 666 (1925). Return to text.

[23] See Burson v. Freeman, 504 U.S. 191, 197 n.3 (1992). Return to text.

[24] See New York Times Co. v. Sullivan, 376 U.S. 254, 280 (1964). Return to text.

[25] See Erznoznik v. City of Jacksonville, 422 U.S. 205, 217-18 (1975) ("Where First Amendment freedoms are at stake we have repeatedly emphasized that precision of drafting and clarity of purpose are essential."). Return to text.

[26] See, e.g., Thornhill v. Alabama, 310 U.S. 88 (1940). Return to text.

[27] See Buckley v. Valeo, 424 U.S. 1, 14 (1976) (the First Amendment has its "fullest and most urgent application" to political campaigns). Return to text.

[28] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 40. Return to text.

[29] Charles J. Stewart, Voter Perception of Mud-Slinging in Political Communication, CENT. STS. SPEECH J. 279, 279 (1975). Return to text.

[30] See Terry Cooper, Negative Image, CAMPAIGNS & ELECTIONS, Sept. 1991, at 21; DECEPTIVE & FALSE ADVERTISING, supra note 13, at 5. Return to text.

[31] Gina M. Garromone, Voter Response to Negative Political Ads, JOURNALISM Q. 251, 253 (1984). Return to text.

[32] See Devlin, supra note 12, at 198-99; Bill Huey, Where's the Beef?, CAMPAIGNS & ELECTIONS, June 1995, at 67. Return to text.

[33] See Adam Goodman, Going Negative! Producing TV: A Survival Guide, CAMPAIGNS AND ELECTIONS, July 1995, at 22. Generally, campaign strategists have a laissez-faire attitude about negative campaign advertising. Some operate by a code of "fairness." See discussion infra Part II.A. Those who teach in schools of communication across the United States seem to have the greatest reservations about negative campaigning and the strongest views about what constitutes negative campaigning. Return to text.

[34] Sharyne Merritt, Negative Political Advertising: Some Empirical Findings, J. ADVER. 27, 30 (1984). Return to text.

[35] Peter F. May, State Regulation of Political Broadcast Advertising: Stemming the Tide of Deceptive Negative Attacks, 72 B.U. L. REV. 179, 182 (1992) (quoting Montague Kern, Professor of Communications, Rutgers University). Return to text.

[36] See Kamber, supra note 18, at 20. Return to text.

[37] See Devlin, supra note 12, at 187. Return to text.

[38] See JOHNSON-CARTEE & COPELAND, supra note 4, at 9. Return to text.

[39] See id. Return to text.

[40] Devlin, supra note 12, at 197. Return to text.

[41] See DECEPTIVE & FALSE ADVERTISING, supra note 13, at 9-11. Return to text.

[42] David Doak, Going Negative! Attack Ads: Rethinking the Rules, CAMPAIGNS & ELECTIONS, July 1995, at 21. Return to text.

[43] See id. at 21; Devlin, supra note 12, at 193-97. In Florida, these have ranged from the biographical ads in Connie Mack's 1994 Senate campaign to the fierce attack ads in the 1994 gubernatorial campaign. Return to text.

[44] Ron Faucheux, Unfair Ads, Push Polls, CAMPAIGNS & ELECTIONS, Apr. 1996, at 5. Return to text.

[45] See Goodman, supra note 33, at 22. Return to text.

[46] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 5. Return to text.

[47] See John Franzén, Common Sense on Going Negative, CAMPAIGNS & ELECTIONS, Sept. 1995, at 67. Return to text.

[48] See id. Return to text.

[49] See Doak, supra note 42, at 20. Return to text.

[50] See Goodman, supra note 33, at 22. Return to text.

[51] Faucheux, supra note 44, at 5. Return to text.

[52] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 6. Return to text.

[53] See id. at 6-7. Return to text.

[54] See Robert M. O'Neil, Regulating Speech to Cleanse Political Campaigns, 21 CAP. U. L. REV. 575, 578 (1992). Return to text.

[55] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 6. Return to text.

[56] Devlin, supra note 12, at 200. Devlin makes this point because while many voters are turned off by negative campaign advertising, a great many would rather enjoy the political arena's soap-opera style than deal with issues. See May, supra note 35, at 179. Return to text.

[57] See, e.g., New York Times Co. v. Sullivan, 376 U.S. 254, 279-80 (1964). Return to text.

[58] See, e.g., Meyer v. Grant, 486 U.S. 414, 420-21 (1988). Return to text.

[59] See Garrison v. Louisiana, 379 U.S. 64, 75 (1964). Return to text.

[60] See id. at 75 (citing Chaplinksy v. New Hampshire, 315 U.S. 568, 572 (1942)). Return to text.

[61] Sullivan, 376 U.S. at 270. Return to text.

[62] Id. Return to text.

[63] 376 U.S. 254 (1964). Return to text.

[64] See id. at 255. Return to text.

[65] Id. at 273. Return to text.

[66] The Court actually used the phrase "convincing clarity" to describe the plaintiff's burden of proof. See id. In Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), the Court used the more traditional term "clear and convincing evidence" to characterize the plaintiff's burden in such cases. See id. at 342. Return to text.

[67] Sullivan, 376 U.S. at 279-80. While falsity had been a familiar element of proof in libel claims brought by public officials, actual malice—requiring knowledge or reckless disregard of falsity—had not. See JOHN E. NOWAK & RONALD D. ROTUNDA, CONSTITUTIONAL LAW § 16.33, at 1090-91 (5th ed. 1995). Return to text.

[68] 390 U.S. 727 (1968). Return to text.

[69] See id. at 728-29. Return to text.

[70] See id. at 730-31. Return to text.

[71] Id. at 731. Return to text.

[72] 423 U.S. 1041 (1976), aff'g 401 F. Supp. 87 (E.D.N.Y. 1975). Return to text.

[73] See 401 F. Supp. at 92. Return to text.

[74] Among other things, the New York Fair Campaign Code prohibited the following:

(c) Attacks on a candidate based on race, sex, religion or ethnic background;
(d) Misrepresentation of any candidate's qualifications including personal vilification, character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate, his or her staff, or personal or family life, or misuse of title or misuse of the phrase "re-elect"; (e) Misrepresentation of any candidate's position, including misrepresentation of political issues or voting record, use of false or misleading quotations or attributing a particular position to a candidate solely by virtue of a candidate's membership in an organization; and (f) Misrepresentation of any candidate's party affiliation or party endorsement by persons or organizations, including use of doctored photographs or writing or fraudulent or untrue endorsements. Id. app. at 101. Return to text.

[75] See id. at 89. Return to text.

[76] See id. at 98-99. Return to text.

[77] See id. at 94-95. Return to text.

[78] See id. at 99. Return to text.

[79] See Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749, 767 (1985) (White, J., concurring). Return to text.

[80] Id. at 767. Return to text.

[81] See id. at 772. Return to text.

[82] See id. at 769. Return to text.

[83] See, e.g., Harte-Hanks Comm., Inc. v. Connaughton, 491 U.S. 657, 666 (1989). Return to text.

[84] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 11. Return to text.

[85] See Clark v. Community for Creative Non-Violence, 468 U.S. 288, 308 (1984). Return to text.

[86] 422 A.2d 124 (Pa. 1980). Return to text.

[87] See id. at 126. Return to text.

[88] See id. at 135. Return to text.

[89] See Interview with Steven G. Gey, Professor of Constitutional Law, Florida State University, Tallahassee, Fla. (Oct. 25, 1995). Return to text.

[90] See Wadzinski, 422 A.2d at 130-31. Return to text.

[91] See Oregon v. Mitchell, 400 U.S. 112, 124-25 (1970) (noting that the Tenth Amendment reserves to states the power to regulate elections of state officials); see also Storer v. Brown, 415 U.S. 724, 730 (1974). Return to text.

[92] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 12. Return to text.

[93] Austin v. Michigan Chamber of Commerce, 494 U.S. 652, 666 (1990) (citing Police Dept. of Chicago v. Mosley, 408 U.S. 92, 101 (1972)). Return to text.

[94] 424 U.S. 1 (1976). Return to text.

[95] See id. at 20-22. Return to text.

[96] See id. at 20-21. Return to text.

[97] See id. at 23-25. Return to text.

[98] 115 S. Ct. 1511 (1995). Return to text.

[99] See id. at 1514. Return to text.

[100] See id. at 1518. Return to text.

[101] See id. The Court's decision suggests that a more tightly drafted statute could withstand strict scrutiny. See id. at 1522. Section 106.143, Florida Statutes, is similar to the Ohio statute struck down by McIntyre, suggesting that Florida's statutory ban on all anonymously written political advertising may be unconstitutional. Nevertheless, the McIntyre Court instructed that its decision be read narrowly and specifically reserved ruling on whether its decision would apply to other forms of unidentified communication, such as radio or television ads. See id. at 1514 n.3. Return to text.

[102] Id. at 1536 (Scalia, J., dissenting). Return to text.

[103] 926 F.2d 573 (6th Cir. 1991). Return to text.

[104] See id. at 575-76. Return to text.

[105] See id. at 578. Return to text.

[106] See id. at 577. Return to text.

[107] See id. at 578. Return to text.

[108] See id. at 579-80. Return to text.

[109] See id. at 579. The Pestrak court noted that an "even more egregious" government intervention in the electoral process had been upheld in a recent Ninth Circuit case. See id. at 580. In Geary v. Renne, 914 F.2d 1249 (9th Cir. 1990) (Geary I), reh'g granted, 924 F.2d 175 (9th Cir. 1991), withdrawn and superseded, 2 F.3d 989 (9th Cir. 1993) (en banc) (Geary II)), a Ninth Circuit panel upheld a California statute that allowed local governments to strike false or misleading statements from government-published voter information pamphlets. See id. at 1256. The panel found it significant that the pamphlet was prepared and distributed by the government, and concluded that the statute did not suppress protected expression because the government did not attempt to keep the deleted material from reaching the public through other means. See id. at 1252-53. Three years later, however, after the U.S. Supreme Court's decision in the parallel case of Renne v. Geary, 501 U.S. 312, 320 (1991) (finding moot claim that party endorsements had been deleted from candidate statements in government-sponsored brochures), the Ninth Circuit, sitting en banc, vacated and dismissed Geary I without prejudice for lack of a justiciable controversy. See Geary II, 2 F.3d at 990. Return to text.

[110] See Roe v. Florida Elections Comm'n., No. 94-308-CIV-FTM-23D (M.D. Fla. filed Sept. 30, 1994). Return to text.

[111] See Doe v. Mortham, No. 96-630 (Fla. 2d Cir. Ct. filed Feb. 6, 1996) (challenging the constitutionality of related Florida statutes dealing with disclosure and identification requirements involving miscellaneous advertisements and endorsements). Return to text.

[112] See Complaint at 1, Roe (No. 94-308-CIV-FTM-23D); Complaint at 3, Doe (No. 96-630). Return to text.

[113] See Complaint at 1, Roe (No. 94-308-CIV-FTM-23D); Complaint at 3, Doe (No. 96-630). Return to text.

[114] 418 U.S. 241 (1974). Return to text.

[115] See FLA. STAT. § 104.38 (1973). Return to text.

[116] See Tornillo, 418 U.S. at 242. Return to text.

[117] New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964). Return to text.

[118] Tornillo, 418 U.S. at 256. Return to text.

[119] See id. at 254-56. Return to text.

[120] 397 F. Supp. 1253 (S.D. Fla. 1975), aff'd, 550 F.2d 1057 (5th Cir. 1977). Return to text.

[121] See id. at 1257-58 (citing FLA. STAT. § 104.35 (1973)). Return to text.

[122] See id. at 1257. Return to text.

[123] See id. at 1257-58. Return to text.

[124] See Town of Lantana v. Pelczynski, 303 So. 2d 326, 326-27 (Fla. 1974). Return to text.

[125] See id. at 327-28. Return to text.

[126] See id. Return to text.

[127] See Howard Troxler, Battle Lines, Party Lines, ST. PETE. TIMES, Apr. 7, 1996, at 1B. Return to text.

[128] There are now 61 Republicans and 59 Democrats in the Florida House of Representatives. See Lucy Morgan, Chiles Tries to Make the Best of GOP Situation, ST. PETE. TIMES, Nov. 7, 1996, at 6B. Return to text.

[129] There are now 23 Republicans and 17 Democrats in the Florida Senate. See id. Return to text.

[130] Troxler, supra note 127 (quoting Assistant Secretary of State Rich Hefley). Hefley ran Republican legislative campaigns before becoming assistant secretary of state. See id. Return to text.

[131] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 6. Return to text.

[132] See id. Return to text.

[133] Jack Winsbro, Comment, Misrepresentation in Political Advertising: The Role of Legal Sanctions, 36 EMORY L.J. 853, 863 (1987). Return to text.

[134] See Devlin, supra note 12, at 197. Michael Dukakis waited too long to respond to George Bush's attack ads in the 1988 presidential campaign. See ANSOLABEHERE & IYENGAR, supra note 8, at 4. The infamous "Willie Horton" ad portrayed Dukakis as ineffective on crime. See id. Consequently, 34% of those who voted for the Dukakis/Bentsen ticket did so because they "liked" the candidates, whereas 50% of those who voted against the ticket did so because of doubts engendered by the ads. See Devlin, supra note 12, at 197. Return to text.

[135] "Negative ads are employed in Florida because they work." Philip J. Troutine, Lying With the Facts, CAMPAIGNS & ELECTIONS, May 1991, at 16 (quoting Democratic pollster Mark Mellman). Just three years earlier Mellman had stated, "If you're filling empty heads, it's a lot easier to do it with negatives." Robert Guskind & Jerry Hagstrom, In the Gutter, 20 NAT'L J. 2782 (Nov. 5, 1988). Return to text.

[136] Dem., Tampa, 1986-1994. Return to text.

[137] See Beverly Hills Retiree Ready to Get to Work, ST. PETE. TIMES, Nov. 10, 1994, at 7B. Return to text.

[138] Peter Mitchell, Low Fliers: The Worst Political Mail of 1994, WALL ST. J., Nov. 16, 1994, at F4. Return to text.

[139] See id. Return to text.

[140] Dem., Punta Gorda, 1982-1996. Representative Peeples was a prominent member of the Committee on House Ethics & Elections and was affectionately considered the Committee's "historian." Return to text.

[141] Troxler, supra note 127. Return to text.

[142] See id. Return to text.

[143] See id. This case was closed on July 26, 1995, with a finding of no probable cause by the Division of Elections. See Division of Elections v. Peeples, FFEC No. 95-002, Statement of Findings 4 (July 25, 1995) (on file with Fla. Elec. Comm'n). Brotherton immediately appealed this finding. See Letter from Hugh J. Brotherton to David Rancourt, Director, Div. of Elec. (July 26, 1995) (on file with Fla. Elec. Comm'n) (requesting a hearing before the Elections Commission). Brotherton withdrew his appeal on November 15, 1995, and filed a civil suit for libel against Peeples. See Letter from Hugh J. Brotherton to David Rancourt, Director, Div. of Elec. (Nov. 2, 1995) (on file with Fla. Elec. Comm'n) (withdrawing previous request for hearing and attaching a copy of a complaint filed in Florida's 20th Judicial Circuit). Return to text.

[144] See DECEPTIVE AND NEGATIVE ADVERTISING, supra note 13, at 20. Return to text.

[145] See id. Return to text.

[146] See Fla. HB 1319 (1975). Return to text.

[147] Fla. H.R. Comm. on Elec., HB 1319 (1975) Staff Analysis 2 (final Apr. 21, 1975) (available at Fla. Dep't of State, Div. of Archives, Tallahassee, Fla.). Return to text.

[148] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 20. Return to text.

[149] See id. at 22. The pledge stated:

Pledge of Fair Campaign Practices: There are basic principles of decency, honesty, and fair play which every candidate for public office in the Unites States and the state of Florida has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaign, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues before the county and state,
Therefore: I shall conduct my campaign in the best American tradition, discussing the issues as I see them, I shall present my record and policies with sincerity and frankness, and criticizing without fear or favor, the record and policies of my opponents and their parties which merit such criticism. I shall defend and uphold the right of every qualified American voter to full and equal participation in the electoral process. I shall condemn the use of personal vilification, character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidates or on their personal or family lives. I shall condemn the use of campaign material of any sort which misrepresents, distorts, or otherwise falsifies the facts regarding accusations against any candidates which aim at creating or exploiting doubts, without justification, as to their loyalty and patriotism. I shall condemn any appeal to bigotry based on race, creed, sex, or nation origin. I shall condemn any dishonest or unethical practice which tends to corrupt or undermine our American dream or free elections or which hampers or prevents the full and free expression of the will of the voters. I shall immediately and publicly repudiate support deriving from any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics which I condemn. I, the undersigned candidate for election to public office in the United States of America and the State of Florida, hereby endorse, subscribe to and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. Id. app. A. Return to text.

[150] See id. at 22. Return to text.

[151] See id. Return to text.

[152] See id. Return to text.

[153] See id. Return to text.

[154] See Press Release from Fla. Dep't of State, Mortham Proposes Campaign & Election Reform (Nov. 15, 1995) (on file with Dep't); see also discusion infra Part VI.D. Return to text.

[155] See id. Return to text.

[156] See id. Return to text.

[157] See id. Return to text.

[158] See id. Return to text.

[159] See id. Return to text.

[160] See Martin Dyckman, Election Reform Stalled on the Tracks, ST. PETE. TIMES, May 2, 1996, at A15; see also discussion infra Part VI.F. One reason the reform proposals failed was because Governor Lawton Chiles was adamantly opposed to removing any public financing provisions from the election laws. See Dyckman, supra, at A15. Return to text.

[161] See COLLINS CTR. FOR PUB. POL 'Y, POLICY STATEMENT: POLITICAL CAMPAIGN PRACTICES AND CITIZEN PARTICIPATION IN THE ELECTORAL PROCESS (1991) (providing conclusions and recommendations of 60 bipartisan conference participants who met in Tallahassee, Florida, to discuss fair campaign practices in Florida) (on file with Div. of Elec.). Return to text.

[162] See id. Return to text.

[163] See id. Return to text.

[164] See id. The proposed Florida Voluntary Code of Fair Campaign Practices read:

To refresh the people's participation in their democratic process, Florida's citizens should expect their candidates for public office at all levels to observe and uphold standards of fairness and honesty during election campaigns so as to give voters a clear look at the personal values that motivate their candidacies and a clean choice on the political issues that define their differences. Along with the candidates, the news media and the general public play their own parts in the self-governing process. This voluntary code addresses all three and invites all to subscribe.
THE CANDIDATES As I seek public office in Florida, I honor the following principles as a guide to conduct which the public is entitled to expect of me: 1. I will address valid issues in my campaign, will tell the truth as to my intentions if I am elected, and will fight fairly in any contest with my opponent(s). 2. I will shun demagoguery that seeks to deflect the public's attention to sham issues that obscure real concerns of the electorate. 3. I will limit my attacks on an opponent to legitimate challenges to that person's record, qualifications, and positions. 4. I will neither use nor permit the use of malicious untruths or scurrilous innuendos about an opponent's personal life nor will I make or condone unfounded accusations discrediting that person's integrity. 5. I will take personal responsibility for approving or disavowing the substance of attacks on my opponent that may come from third parties supporting my candidacy. 6. I will not use or permit the use of campaign material that falsifies, distorts, or misrepresents facts. 7. I will neither use nor permit the use of appeals to bigotry in any form, and specifically to prejudice based on race, sex, sexual orientation, religion, or national origin. 8. I will neither use nor permit the use of last-minute charges made without giving my opponent reasonable time in which to respond before election day. 9. I will demand that persons or organizations supporting me maintain these standards of fairness. 10. I will repudiate any abuses of this code. THE NEWS MEDIA As a journalist, free under the First Amendment to report to the people on their election process, I honor the following principles as a guide to my professional conduct which the public should reasonably expect of me: 1. I will report the campaigns of all candidates fairly and will ensure their access to equitable coverage. While editorial expression of preferences in spaces reserved for opinion is an expected part of a robust press in a free society, the news presentation of political debate presupposes fair access to the public ear for the messages of all candidates. 2. I will emphasize coverage of candidates' stands on substantive issues and I will not allow my coverage to be distracted by images that some candidates seek to substitute for substance. 3. I will listen to the citizens and convey their concerns to the candidates through my questioning as a reporter, and in turn I will persist in efforts to elicit the candidates' responses to those concerns. 4. While offering news space or time to candidates who seek to state positions on serious issues, I have a like duty to draw the public's attention to the means by which less-than-honest campaigners may seek to mislead, distort, or falsify. 5. When accepting campaign advertising, I will require the identity of the person or organization buying the ad to appear with the ad; if the advertisement (including television commercial) in behalf of a candidate attacks an opponent, I will ask the candidate to state personally as a part of the ad itself whether the candidate approves or disapproves of it; and I will keep a watch on campaign advertising so as to monitor and consistently publicize misrepresentations or untruths that may appear in advertisements in any of the news media including my own channel, frequency or publication. THE PUBLIC As the 20th century closes, peoples all over the world are casting off failed authoritarian rule and are laying down their lives, their fortunes, and their sacred honor in a reach for the free democratic process which my American forebears won through revolution and which I now accept as a routine part of my life. Surely it is a time for me to join with all voters and renew our pride in participating in the majesty of self-government, to demand the cleansing of its unswept corners, and to demonstrate by our interest and our vote that we care about the political process that keeps this land free for ourselves and our posterity. Id. Return to text.

[165] See id. Return to text.

[166] See Martin Dyckman, Unhealthy Only for Bad Campaigns, ST. PETE. TIMES, May 19, 1996, at 3D. Return to text.

[167] See DECEPTIVE & FALSE ADVERTISING, supra note 13, at 23. Return to text.

[168] See id. Return to text.

[169] See id. Return to text.

[170] See id. Return to text.

[171] See id. Return to text.

[172] See id. Return to text.

[173] See id. Return to text.

[174] See id.; see also Telephone Interview with Ray Aden, Treasurer, Citizens for Fair Campaign Practices Comm. (Feb. 24, 1995). Return to text.

[175] See Dyckman, supra note 166, at 3D. Return to text.

[176] See id. Return to text.

[177] See id. Return to text.

[178] See id. Dale M. Gross, vice-chair of the Pinellas County Republican Party, called the decision "a day of shame for the state Republican party." Id. Currently, the majority of incumbents in Pinellas County are Republicans. See id. The prevailing opinions of many Republicans in the area is that a fair campaign practices board would protect incumbents. See id. Further, most of the local office holders who sponsor the committee are Republicans. See id. Two of the most outspoken lawmakers on election reform during the 1996 Regular Session, Senator Charlie Crist, Repub., St. Petersburg, and Secretary of State Sandra B. Mortham, are from Pinellas County. Return to text.

[179] See DECEPTIVE & FALSE ADVERTISING, supra note 13, at 23. Return to text.

[180] See id. Return to text.

[181] See Telephone Interview with Rafael Penalver, Chairperson, Dade County Fair Campaign Practices Comm. (March 2, 1995). Return to text.

[182] See DECEPTIVE & FALSE ADVERTISING, supra note 13, at 23. Return to text.

[183] See id. Return to text.

[184] See id. Return to text.

[185] See Penalver, supra note 181. Return to text.

[186] See id. Return to text.

[187] See id. Return to text.

[188] See id. Return to text.

[189] See id. Mr. Penalver also states that the committee members most likely to participate in fair campaign practices decisions are white Anglo-Americans, who comprise a majority of the committee. See id. Return to text.

[190] See id. Return to text.

[191] See id. Return to text.

[192] See, e.g., Watchdogs of Civility, MIAMI HERALD, Aug. 22, 1994, at 12A. Return to text.

[193] See id. Return to text.

[194] A chart detailing the existence of state statutes containing fair campaign practices codes and prohibitions on false campaign statements, as well as court challenges to such statutes, can be found in the Appendix to this Comment. Return to text.

[195] See Appendix. Return to text.

[196] See id. California has elevated such a prohibition to constitutional status. Under the California Constitution, a candidate may lose his or her office if found liable in a civil action for making slanderous or libelous statements that were "a major contributing cause in the defeat of the opposing candidate." CAL. CONST. art. VII, § 10. Return to text.

[197] See OHIO REV. CODE ANN. § 3517.20(A) (Anderson 1996). The Ohio Legislature nevertheless recognized that anonymous materials protected by McIntyre were exempt from this provision. See Act effective Aug. 22, 1995, ch. 60, § 6, 1995 Ohio Laws (WESTLAW). Return to text.

[198] OR. REV. STAT. § 260.532(3) (1995). Return to text.

[199] See MONT. CODE ANN. § 13-35-234(2) (1995). Return to text.

[200] See CAL. ELEC. CODE § 20440 (Deering 1995); 10 ILL. COMP. STAT. ANN. 5/29B-10 (West 1995); ME. REV. STAT. ANN. tit. 21-A, § 1101 (West 1995); MONT. CODE ANN. § 13-35-301 (1995); NEV. REV. STAT. ANN. § 294A.290 (Michie 1995); W. VA. CODE ANN. § 3-1B-5 (Michie 1996). Return to text.

[201] See MONT. CODE ANN. § 13-35-301 (1995). Return to text.

[202] See CAL. ELEC. CODE § 20440 (Deering 1995); 10 ILL. COMP. STAT. ANN. 5/29B-10 (West 1995); MONT. CODE ANN. § 13-35-301 (1995); NEV. REV. STAT. ANN. § 294A.290 (Michie 1995); W. VA. CODE ANN. § 3-1B-5 (Michie 1996). Return to text.

[203] See CAL. ELEC. CODE § 20440 (Deering 1995); 10 ILL. COMP. STAT. ANN. 5/29B-10 (West 1995); MONT. CODE ANN. § 13-35-301 (1995); W. VA. CODE ANN. § 3-1B-5 (Michie 1996). Return to text.

[204] See 10 ILL. COMP. STAT. ANN. 5/29B-10 (West 1995); ME. REV. STAT. ANN. tit. 21-A, § 1101 (West 1995); MONT. CODE ANN. § 13-35-301 (1995); NEV. REV. STAT. ANN. § 294A.290 (Michie 1995); W. VA. CODE ANN. § 3-1B-5 (Michie 1996). Return to text.

[205] See ME. REV. STAT. ANN. tit. 21-A, § 1101 (West 1995); MONT. CODE ANN. § 13-35-301 (1995). Return to text.

[206] The Washington State Public Disclosure Commission has promulgated rules adopting a voluntary fair campaign practices code. See WASH. ADMIN. CODE § 390-32-030 (1995). The rules provide for complaints alleging a violation of the Code to be filed with the Commission. See id. After notifying the alleged violator and receiving a response, the Commission sends the complaint and response to the news media. See id. § 390-32-030(3). The rules prohibit the Commission from issuing comments or opinions about complaints or responses. See id. § 390-32-030(5). Return to text.

[207] See FLA. STAT. § 104.271(1) (1995). The statute provides:

Any candidate who, in a primary election or other election, willfully charges an opposing candidate participating in such election with a violation of any provision of this code, which charge is known by the candidate making such charge to be false or malicious, is guilty of a felony of the third degree, punishable as provided in § 775.082 or § 775.083 and, in addition, after conviction shall be disqualified to hold office.
Id. Return to text.

[208] See id. Return to text.

[209] The FEC is only empowered to hear claims brought under section 104.271(2). See id. § 104.271(2) (providing that a candidate may file a complaint with the Division against another candidate for making a false statement with actual malice). Return to text.

[210] Id. Return to text.

[211] See id.; see also id. § 106.25(3) ("For the purposes of Florida Elections Commission jurisdiction, a violation shall mean the willful performance of an act prohibited by this chapter or the willful failure to perform an act required by this chapter."). Return to text.

[212] See id. § 104.271(2). Return to text.

[213] See id. § 106.143. Return to text.

[214] See id. § 106.143(1)(a)-(b). Return to text.

[215] See id. § 106.143(2). Return to text.

[216] See id. Return to text.

[217] See id. § 106.143(4). Return to text.

[218] See id. Return to text.

[219] See id. Return to text.

[220] See id. § 106.143(7). Return to text.

[221] Id. § 106.071(1). Return to text.

[222] See id. § 106.071(2). Return to text.

[223] See id. § 106.25(4). Return to text.

[224] See id. § 106.25(7). Return to text.

[225] See id. § 106.25(2). Return to text.

[226] See id. Return to text.

[227] See id. § 106.24(1); see also COMM. ON ETHICS & ELEC., FLORIDA ELECTIONS COMMISSION: OVERVIEW 1 (Oct. 1995) (on file with Fla. H.R. Comm. on Elec. Reform) [hereinafter FEC OVERVIEW]. The Legislature created the FEC in 1973 and transferred responsibility for investigating violations to the Department of Legal Affairs. See id. at 11. Local candidate and committee complaints are given to the state's attorney. See id. Because election law violations were not a priority for either body, the Legislature also vested the authority to impose civil or criminal penalties with the Division and the FEC in 1977. See id. Return to text.

[228] See FLA. STAT. § 106.24(1) (1995). Return to text.

[229] See id. A commissioner may not be a member of any county, state, or national committee of a political party, or be an officer in any partisan political club or organization. See id. § 106.24(2). In addition, a commissioner cannot hold or be a candidate for any other public office, or have held an elective public office or office in a political party in the year immediately preceding appointment. See id. Return to text.

[230] See id. § 106.24(1). Return to text.

[231] See id. Return to text.

[232] See id. Return to text.

[233] See id. Return to text.

[234] See id. § 106.24(4). Return to text.

[235] See FEC OVERVIEW, supra note 227, at 3. The director of the Division is not involved in FEC investigations and does not see complaints until the statement of findings are completed. See id. Thereafter, the director, who has the final say on the wording of the statement of findings, may elect to sign the findings or rewrite them. See id. Return to text.

[236] See id. at 6. Return to text.

[237] See FLA. STAT. §§ 104.271(2), 106.265(1) (1995). Return to text.

[238] See FEC OVERVIEW, supra note 227, at 6. Return to text.

[239] See id. at 8. Return to text.

[240] See id. Following the hearing, the FEC makes a final determination of whether there has been a violation. See id. Section 104.271(2) requires an expedited hearing. See FLA. STAT. § 104.271(2) (1995). In such a case, the FEC may schedule a hearing within 30 days of the probable cause finding by the Division. See id. Beginning in 1994, some of the formal hearings have been referred to administrative law judges in the Division of Administrative Hearings. See FEC OVERVIEW, supra note 227, at 8. Return to text.

[241] See FEC OVERVIEW, supra note 227, at 8. Return to text.

[242] See id. at 17. Return to text.

[243] See id. Return to text.

[244] See FLA. STAT. § 106.25(6) (1995). Return to text.

[245] See id. Return to text.

[246] See id. Return to text.

[247] See id. Return to text.

[248] See id. Return to text.

[249] See id. Return to text.

[250] See Memorandum from C.L. Ivey, Investigator Specialist, Div. of Elec., to Barbara M. Linthicum, Ass't Gen. Couns. (Dec. 13, 1995) (on file with Division). Return to text.

[251] See In re Clayton M. Reynolds III, FEC No. 90-69, Final Order 6 (on file with Fla. Elec. Comm'n); Division of Elections v. Fischer, FEC No. 94-122, Proposed Final Order 28 (on file with Fla. Elec. Comm'n). The low prosecution rates may not be based solely upon the legal issues, but may be influenced by the political arena. See Interview with Barbara Linthicum, Ass't Gen. Couns., Fla. Elec. Comm'n, Tallahassee, Fla. (Aug. 15, 1995). Complaints that bear significant resemblance to the facts of Reynolds, see infra notes 252-57 and accompanying text, were dismissed. See Linthicum, supra. Return to text.

[252] Repub., Eustis. Return to text.

[253] See Reynolds, FEC No. 90-69, Final Order at 3. The front of the first ad mailed to voters read: "HAS OUR REPRESENTATIVE INVITED YOU TO THE SUPER BOWL? KENTUCKY DERBY? WORLD SERIES?" Id. The reverse side read: "PAC'S TAKE LEGISLATORS ALL THE TIME AND WE PAY THE BILL! DOES OUR INCUMBENT DESERVE ANOTHER CHANCE TO GO TO THE SUPER BOWL? WE CANNOT AFFORD OUR INCUMBENT 'STAN'; Vote for a change . . . From Your Door To The House Floor; CLAY REYNOLDS WILL WORK FOR YOU." Id. Return to text.

[254] See id. This second advertisement read: "WHY DOES OUR REPRESENTATIVE BELIEVE IN A STATE INCOME TAX?" Id. at 4. The reverse side read: "HE SUPPORTS THE COMMITTEE THAT COULD APPROVE A STATE INCOME TAX WITHOUT OUR VOTE! DOES OUR INCUMBENT DESERVE ANOTHER CHANCE TO SUPPORT THIS GROUP . . . AGAIN? WE CANNOT AFFORD OUR INCUMBENT 'STAN'[;] Vote For A Change . . . From Your Door To The House Floor; CLAY REYNOLDS WILL WORK FOR YOU." Id. Return to text.

[255] See id. at 6. Return to text.

[256] See id. Return to text.

[257] See id. The final order was issued on September 29, 1993, and the Division informed Reynolds of the FEC's findings shortly thereafter. See id. Reynolds paid the $1,000 fine by October 23, 1993, and the case was closed. See id. Return to text.

[258] See Division of Elections v. Fischer, FEC No. 94-122, Proposed Final Order 28 (on file with Fla. Elec. Comm'n). Return to text.

[259] See id. at 4. Return to text.

[260] See id. at 5. Return to text.

[261] See id. at 4. Return to text.

[262] See id. Return to text.

[263] See id. Return to text.

[264] See Ivey, supra note 250 (attaching a list of cases disposed of by the FEC since 1987). Return to text.

[265] See id. Return to text.

[266] See Interview with Barbara Linthicum, Ass't Gen. Couns., Fla. Elec. Comm'n, Tallahassee, Fla. (Aug. 15, 1995) (notes on file with Fla. H.R. Comm. on Elec. Reform). Return to text.

[267] See Fla. CS for HB 633 (1996); Fla. CS for HB 1005 (1996); Fla. CS for HB 1151 (1996); Fla. CS for HB 1907 (1996). Return to text.

[268] See discussion supra Part III. Return to text.

[269] See DECEPTIVE AND FALSE ADVERTISING, supra note 13, at 26. Return to text.

[270] See id. Return to text.

[271] See id. Return to text.

[272] See id. Return to text.

[273] See Internal Memorandum from Jonathan Fox, Staff Attorney, Fla. H.R. Comm. on Ethics & Elec., to Sarah Bradshaw, Staff Director, Fla. H.R. Comm. on Ethics & Elec. (Nov. 17, 1995) (discussing the impact of McIntyre on anonymous campaign literature). It was the Committee's view that the McIntyre decision appeared to render unconstitutional Florida's blanket ban on all anonymous political advertising involving written publications. See id. The McIntyre Court specifically reserved ruling on whether its decision would apply to other forms of unidentified communication, such as anonymous radio or television ads. See 115 S. Ct. at 1514 n.3. Return to text.

[274] This section provides: "Every natural person has the right to be let alone and free from governmental intrusion into his private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law." FLA. CONST. art. I, § 23. Return to text.

[275] See Fox, supra note 273. Return to text.

[276] See id. Return to text.

[277] FLA. STAT. §§ 106.021, .05-.07 (1995). Return to text.

[278] See FEC OVERVIEW, supra note 227, at 6. Return to text.

[279] See Fox, supra note 273. Return to text.

[280] FLA. STAT. ch. 119 (1995 & Supp. 1996). Return to text.

[281] See Fox, supra note 273. Return to text.

[282] See Fla. CS for HB 633 (1996); see also Fla. H.R. Comm. on Ethics & Elec., PCB EE 96-04 (1996) Staff Analysis 1 (Dec. 19, 1995) (on file with Fla. H.R. Comm. on Elec. Reform). Return to text.

[283] See Fla. CS for HB 633, §§ 1, 2. (1996). Both individuals and groups would have been required to act independently to avoid reporting requirements. See id. § 2. Return to text.

[284] See id. § 1. Return to text.

[285] See id. Return to text.

[286] See id. Return to text.

[287] See id. Return to text.

[288] See id. Return to text.

[289] See Segal, supra note 6, at F13. Return to text.

[290] See Fla. CS for HB 1005 (1996). Return to text.

[291] See id. § 1. Return to text.

[292] See id. Return to text.

[293] See id. Return to text.

[294] See id. Return to text.

[295] See Fla. H.R. Comm. on Ethics & Elec., HB 1005 (1996) Staff Analysis 2 (Mar. 4, 1996) (on file with Fla. H.R. Comm. on Elec. Reform). Return to text.

[296] See id. Return to text.

[297] See Fla. CS for HB 1151 (1996); see also supra text accompanying notes 154-58. Return to text.

[298] See id. § 2. The Speaker of the House, the House minority leader, the Senate President, the Senate minority leader, and the board chairperson each would have appointed one board member; the secretary of state would have appointed the board chairperson. See id. The board would have investigated complaints of any candidate signing the pledge who alleged violations by any other candidate signing the pledge, and would have issued public findings regarding violations. See id. The board would have had no independent sanction power and would not have been able to assess any civil or criminal penalty for violations. See id. (providing that the board must refer violations to the FEC or the state attorney's office). Return to text.

[299] See id. § 3. Currently, there is no requirement that a candidate or other person engaging in telephone solicitation or political polling identify who is paying for the call. Section 106.143, Florida Statutes, requires all "political advertisements" to identify the sponsor. See FLA. STAT. § 106.143 (1995). However, the definition of "political advertisement" specifically excluded paid communications by the "spoken word in direct conversation." See id. § 106.011(17). The bill would have subjected both media to the same form of sponsor identification as all other political advertisements under current law. See Fla. CS for HB 1151, § 3 (1996). Return to text.

[300] Fla. CS for HB 1151, § 51 (1996). Return to text.

[301] See id. § 19. Part of this bill was targeted at closing a loophole in the campaign financing laws that enabled persons, political committees, and committees of continuous existence to effectively circumvent the $500 contribution limit by funneling earmarked funds through the political parties to their candidates. See id. Return to text.

[302] Fla. CS for HB 1907 (1996). Return to text.

[303] See id. § 2. Return to text.

[304] See id. Return to text.

[305] See id. §§ 5, 14. Return to text.

[306] See id. § 9. Return to text.

[307] See id. Return to text.

[308] See id. § 8. Return to text.

[309] See id. § 10. Return to text.

[310] See id. Return to text.

[311] See id. A recent case addressed the issue of requiring "approved and authorized by" disclaimers on political advertisements. In Shrink Missouri Government PAC v. Maupin, 892 F. Supp. 1246 (E.D. Mo. 1995), aff'd, 71 F.3d 1422 (8th Cir. 1995), a Missouri federal district court ruled on the constitutionality of a Missouri statute that required negative political advertisements by candidates or candidate committees to contain a disclaimer that the advertisement had been "approved and authorized by" the candidate. See id. at 1254-55. The court struck down the statute, finding that the disclaimer "requires a speaker to make statements or disclosures she would otherwise omit" in violation of the First Amendment's free speech guarantee. Id. at 1255-56. The court also held that, absent a demonstration by the state that false and fraudulent campaign advertising was a major problem, the state's interests in using the disclaimer to discourage false statements and to hold candidates accountable for negative advertisements, although legitimate, were not compelling. See id. at 1256. Finally, the court held that the Missouri statute was not narrowly tailored to accomplish the state's purposes: "It seems that to whatever extent the state wishes to impose accountability and lessen the opportunity for deniability, the 'paid for by' requirement promotes that goal, without the need for the added 'approved and authorized' language." Id. Return to text.

[312] See Fla. CS for HB 1907, § 5 (1996); see also supra Part IV.C.1. Return to text.

[313] See Fla. CS for HB 1907, § 5 (1996). Return to text.

[314] See id. Return to text.

[315] See id. Return to text.

[316] Id. Return to text.

[317] See id. Return to text.

[318] See FLA. STAT. §§ 106.07, .29 (1995). Return to text.

[319] See Fla. CS for HB 1907, § 8 (1996). Return to text.

[320] See id. Return to text.

[321] See id.; see also FLA. STAT. § 106.08(2) (1995) (providing that no more than $25,000 may be contributed prior to the 28th day before the election). Return to text.

[322] See Fla. CS for HB 1907, § 8 (1996). Return to text.

[323] See FLA. STAT. § 106.08(6) (1995). Return to text.

[324] See Fla. CS for HB 1907, § 9 (1996). Return to text.

[325] See id. Return to text.

[326] See id. § 14. The bill's sponsor, Representative Tracy Upchurch, Dem., St. Augustine, 1992-1996, believed that the FEC should function independently rather than under the control of a partisan secretary of state. "We are balancing a very self-serving interest against what will restore public confidence and ensure good and fair elections." Lucy Morgan, Campaign Reform Expected to Come Calling, ST. PETE. TIMES, Feb. 25, 1996, at 5D (quoting Rep. Upchurch). Return to text.

[327] See Fla. CS for HB 1907, § 14 (1996). Return to text.

[328] See id. Return to text.

[329] See id. § 15. Return to text.

[330] Business and union lobbyists were concerned that the disclosure requirements would have a negative impact on telephone solicitations. See Lucy Morgan, Campaign Call Reform to Return, Says Crist, ST. PETE. TIMES, May 9, 1996, at 5B. Return to text.

[331] Dem., St. Augustine, 1992-1996. Return to text.

[332] Repub., Palm Harbor. Return to text.

[333] See Martin Dyckman, Reform Wasn't In Their Interest, ST. PETE. TIMES, May 7, 1996, at 9A. The Republican leadership in the Senate said the secretary's package was not a priority; therefore, the bill would have to be passed through the House to put pressure on the Senate. See Ron Barlett, Election Laws Far Too Sacred for Politicians, TAMPA TRIB., May 11, 1996, at 1B. Return to text.

[334] FLA. H.R. JOUR. 2182 (Reg. Sess. 1996) (amendment 1 to Fla. CS for HB 1151, § 5 (1996)). Return to text.

[335] See id. at 2183 (amendment 1 to § 7). Return to text.

[336] See id. at 2181 (amendment 1 to § 1) (keeping intact the false statement and disclaimer identification provisions). Return to text.

[337] See id. at 2189 (amendment 1 to § 33). Return to text.

[338] See id. at 2181, 2187-88 (amendment 1 to §§ 3, 29). Return to text.

[339] See id. at 2181 (amendment 1 to § 1). Return to text.

[340] See FLA. H.R. JOUR. 2219 (Reg. Sess. 1996). Return to text.

[341] Repub., Orange Park. Return to text.

[342] See Fla. H.R., unofficial tape recording of proceedings (May 3, 1996) (on file with clerk) (debate of Fla. CS for HB 1151 (1996)). Return to text.

[343] Dem., Miami. Return to text.

[344] See id. Return to text.

[345] See id. Return to text.

[346] See id. Return to text.

[347] Dem., Orlando. Return to text.

[348] Id. Return to text.

[349] See id. Return to text.

[350] See id. Return to text.

[351] See FLA. LEGIS., HISTORY OF LEGISLATION, 1996 REGULAR SESSION, HISTORY OF HOUSE BILLS at 315, CS for HB 1151. Return to text.

[352] That same evening, the House passed a property insurance reform bill that was 91 pages long. See Fla. CS for HB 2314 (1996); FLA. H.R. JOUR. 2428 (Reg. Sess. 1996). Return to text.