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Legislation coming on link ads

Posted Aug 12, 2009 by William March

Updated Aug 12, 2009 at 03:22 PM

State Sen. Ted Deutch, D-Boca Raton, and state Rep. Eric Eisnaugle, R-Orlando, both plan to file legislation to solve the problem of Internet “link ads” that led to a state Elections Commission investigation in the St. Petersburg mayor’s race.

Deutch filed such a bill in 2008, but it died in committee. As spokesman said he’ll try again in the coming legislative session.

Eisnaugle issued a news release today saying he plans to put together legislation on the issue also. The state’s laws “should not be archaic,” he said.

“Florida’s election laws were written well before the internet became a part of daily life for Floridians and do not recognize the important dynamic of online communications.  I plan on bringing together stakeholders in the technology community and state elections officials to help match our laws with the next generation of communications.”

The issue arose with Elections Commission charges against mayoral candidate Scott Wagman’s link ads on Google, Facebook and other web sites.

The ads are only a few words, and can’t be made long enough to include the disclaimers required by state law stating that the campaign paid for the ad and the candidate approved it.

Wagman says they don’t truly violate the spirit of the law because they are actually Internet links to a normal ad that does include the disclaimer. He has stopped using the ads, but refused a settlement offer from the Elections Commission and instead will oppose the charges.

State law exempts other small political ads—those printed on ballpoint pens and bumper stickers, for example—from the disclaimer requirement, but doesn’t mention the Internet link ads.