Florida Senate - 2011 CS for CS for SB 1618
By the Committees on Judiciary; and Rules Subcommittee on Ethics
and Elections; and Senator Diaz de la Portilla
590-04395-11 20111618c2
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. If the person does not elect to have a
41 hearing by an administrative law judge and does not elect to
42 resolve the complaint by consent order, the person is entitled
43 to a formal or informal hearing conducted before the commission.
44 Section 2. Subsections (1) through (4) of section 106.265,
45 Florida Statutes, are amended and renumbered, and present
46 subsection (5) of that section is renumbered as subsection (6),
47 to read:
48 106.265 Civil penalties.—
49 (1) The commission or, in cases referred to the Division of
50 Administrative Hearings pursuant to s. 106.25(5), the
51 administrative law judge is authorized upon the finding of a
52 violation of this chapter or chapter 104 to impose civil
53 penalties in the form of fines not to exceed $1,000 per count,
54 or, if applicable, to impose a civil penalty as provided in s.
55 104.271 or s. 106.19.
56 (2) In determining the amount of such civil penalties, the
57 commission or administrative law judge shall consider, among
58 other mitigating and aggravating circumstances:
59 (a) The gravity of the act or omission;
60 (b) Any previous history of similar acts or omissions;
61 (c) The appropriateness of such penalty to the financial
62 resources of the person, political committee, committee of
63 continuous existence, electioneering communications
64 organization, or political party; and
65 (d) Whether the person, political committee, committee of
66 continuous existence, electioneering communications
67 organization, or political party has shown good faith in
68 attempting to comply with the provisions of this chapter or
69 chapter 104.
70 (3)(2) If any person, political committee, committee of
71 continuous existence, electioneering communications
72 organization, or political party fails or refuses to pay to the
73 commission any civil penalties assessed pursuant to the
74 provisions of this section, the commission shall be responsible
75 for collecting the civil penalties resulting from such action.
76 (4)(3) Any civil penalty collected pursuant to the
77 provisions of this section shall be deposited into the General
78 Revenue Fund Election Campaign Financing Trust Fund.
79 (5)(4) Notwithstanding any other provisions of this
80 chapter, Any fine assessed pursuant to the provisions of this
81 chapter shall, which fine is designated to be deposited or which
82 would otherwise be deposited into the General Revenue Fund of
83 the state, shall be deposited into the Election Campaign
84 Financing Trust Fund.
85 Section 3. This act shall take effect upon becoming a law.