Florida Senate - 2011                                    SB 1618
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-01653A-11                                          20111618__
    1                        A bill to be entitled                      
    2         An act relating to elections; amending s. 106.25,
    3         F.S.; allowing a respondent who is alleged by the
    4         Elections Commission to have violated the election
    5         code or campaign financing laws to elect as a matter
    6         of right a formal hearing before the Division of
    7         Administrative Hearings; authorizing an administrative
    8         law judge to assess civil penalties upon the finding
    9         of a violation; amending s. 106.265, F.S.; authorizing
   10         an administrative law judge to assess civil penalties
   11         upon a finding of a violation of the election code or
   12         campaign financing laws; providing for civil penalties
   13         to be assessed against an electioneering
   14         communications organization; removing reference to the
   15         expired Election Campaign Financing Trust Fund;
   16         directing that moneys from penalties and fines be
   17         deposited into the General Revenue Fund; providing an
   18         effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (5) of section 106.25, Florida
   23  Statutes, is amended to read:
   24         106.25 Reports of alleged violations to Florida Elections
   25  Commission; disposition of findings.—
   26         (5) Unless A person alleged by the Elections Commission to
   27  have committed a violation of this chapter or chapter 104 may
   28  elect, as a matter of right elects, within 30 days after the
   29  date of the filing of the commission’s allegations, to have a
   30  formal administrative hearing conducted by an administrative law
   31  judge in the Division of Administrative Hearings. The
   32  administrative law judge in such proceedings shall enter a final
   33  order, which may include the imposition of civil penalties, and
   34  the a formal or informal hearing conducted before the
   35  commission, or elects to resolve the complaint by consent order,
   36  such person shall be entitled to a formal administrative hearing
   37  conducted by an administrative law judge in the division of
   38  administrative hearings. The administrative law judge in such
   39  proceedings shall enter a final order is subject to appeal as
   40  provided in s. 120.68.
   41         Section 2. Subsections (1) through (4) of section 106.265,
   42  Florida Statutes, are amended and renumbered, and present
   43  subsection (5) of that section is renumbered as subsection (6),
   44  to read:
   45         106.265 Civil penalties.—
   46         (1) The commission or, in cases referred to the Division of
   47  Administrative Hearings pursuant to s. 106.25(5), the
   48  administrative law judge is authorized upon the finding of a
   49  violation of this chapter or chapter 104 to impose civil
   50  penalties in the form of fines not to exceed $1,000 per count,
   51  or, if applicable, to impose a civil penalty as provided in s.
   52  106.19.
   53         (2) In determining the amount of such civil penalties, the
   54  commission or administrative law judge shall consider, among
   55  other mitigating and aggravating circumstances:
   56         (a) The gravity of the act or omission;
   57         (b) Any previous history of similar acts or omissions;
   58         (c) The appropriateness of such penalty to the financial
   59  resources of the person, political committee, committee of
   60  continuous existence, electioneering communications
   61  organization, or political party; and
   62         (d) Whether the person, political committee, committee of
   63  continuous existence, electioneering communications
   64  organization, or political party has shown good faith in
   65  attempting to comply with the provisions of this chapter or
   66  chapter 104.
   67         (3)(2) If any person, political committee, committee of
   68  continuous existence, electioneering communications
   69  organization, or political party fails or refuses to pay to the
   70  commission any civil penalties assessed pursuant to the
   71  provisions of this section, the commission shall be responsible
   72  for collecting the civil penalties resulting from such action.
   73         (4)(3) Any civil penalty collected pursuant to the
   74  provisions of this section shall be deposited into the General
   75  Revenue Fund Election Campaign Financing Trust Fund.
   76         (5)(4)Notwithstanding any other provisions of this
   77  chapter, Any fine assessed pursuant to the provisions of this
   78  chapter shall, which fine is designated to be deposited or which
   79  would otherwise be deposited into the General Revenue Fund of
   80  the state, shall be deposited into the Election Campaign
   81  Financing Trust Fund.
   82         Section 3. This act shall take effect upon becoming a law.