State officials can’t appear in coronavirus public-service ads

The Florida Commission on Ethics rejected a request from Charter Communications to allow public officials like Governor Ron DeSantis to take part in COVID-19 coronavirus-related PSAs.

For those channel-flipping to pass the time, don’t count on seeing Gov. Ron DeSantis and other state officials appearing in public service announcements about the novel coronavirus during commercial breaks.

On a 6-3 vote Friday after more than two hours of debate, the Florida Commission on Ethics rejected a request from Charter Communications, which operates in Florida as Spectrum, to allow public officials to take part in coronavirus-related PSAs.

Spectrum, which serves about two million customers in Central Florida and the Panhandle, requested an opinion from the commission because of a state law that prevents organizations that hire lobbyists from providing gifts to state officials.

The company’s proposal would have required commissioners to make an exemption to Florida’s gift ban law. Appearing in a public service announcement by a cable provider that also lobbies the state government would violate that ban.

Commission staff members, citing a 2005 decision by the commission, recommended Charter not be allowed to go forward with the PSAs.

“It’s akin to a campaign ad,” Chris Anderson, the commission’s director, said during the virtual meeting Friday. “What you would have is something that has the value of an ad that’s reported nowhere.”

Anderson, who presented the commission’s brief, said it doesn’t matter what the purpose of the PSA is, and that the state’s rules around gifts still stand.

“Altruism can go hand in hand with intent to influence,” he said.

Charter attorney Ron Meyer noted that in most other states where Charter operates, this sort of arrangement is legal. Florida has one of the toughest gift ban laws in the country.

He added that Charter is uniquely positioned to run PSAs aimed narrowly at the pandemic, since it can broadcast the messages at all hours of the day. No one has requested the company run a

PSA on their behalf, he said, but he said he believes direct messaging from elected officials is a public service for customers in Florida.

“A PSA on COVID-19 holds a lot more weight coming from Ron DeSantis than from Ron Meyer, who no one knows,” he said.