Senate Bill sb2196
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Florida Senate - 2001 SB 2196
By Senator Smith
5-1350-01
1 A bill to be entitled
2 An act relating to elections; abolishing the
3 Florida Elections Commission and transferring
4 its powers, duties, functions, and assets to
5 the Florida Commission on Ethics; renaming the
6 Elections Commission Trust Fund as the
7 Elections Trust Fund; amending ss. 99.092,
8 99.093, 99.0955, 102.112, 104.271, 104.42,
9 105.031, 105.071, 106.03, 106.04, 106.06,
10 106.07, 106.085, 106.087, 106.141, 106.22,
11 106.24, 106.25, 106.26, 106.29, 106.35, F.S.,
12 to conform; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. All powers, duties, functions, rules,
17 records, property, and unexpended balances of appropriations,
18 allocations, or other funds of the Florida Elections
19 Commission are transferred to the Florida Commission on Ethics
20 by a type two transfer as defined in section 20.06, Florida
21 Statutes, and the Florida Elections Commission is abolished.
22 Section 2. Subsection (1) of section 99.092, Florida
23 Statutes, is amended to read:
24 99.092 Qualifying fee of candidate; notification of
25 Department of State.--
26 (1) Each person seeking to qualify for nomination or
27 election to any office, except a person seeking to qualify by
28 the alternative method pursuant to s. 99.095, s. 99.0955, or
29 s. 99.096 and except a person seeking to qualify as a write-in
30 candidate, shall pay a qualifying fee, which shall consist of
31 a filing fee and election assessment, to the officer with whom
1
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1 the person qualifies, and any party assessment levied, and
2 shall attach the original or signed duplicate of the receipt
3 for his or her party assessment or pay the same, in accordance
4 with the provisions of s. 103.121, at the time of filing his
5 or her other qualifying papers. The amount of the filing fee
6 is 3 percent of the annual salary of the office. The amount
7 of the election assessment is 1 percent of the annual salary
8 of the office sought. The election assessment shall be
9 deposited into the Elections Commission Trust Fund. The
10 amount of the party assessment is 2 percent of the annual
11 salary. The annual salary of the office for purposes of
12 computing the filing fee, election assessment, and party
13 assessment shall be computed by multiplying 12 times the
14 monthly salary, excluding any special qualification pay,
15 authorized for such office as of July 1 immediately preceding
16 the first day of qualifying. No qualifying fee shall be
17 returned to the candidate unless the candidate withdraws his
18 or her candidacy before the last date to qualify. If a
19 candidate dies prior to an election and has not withdrawn his
20 or her candidacy before the last date to qualify, the
21 candidate's qualifying fee shall be returned to his or her
22 designated beneficiary, and, if the filing fee or any portion
23 thereof has been transferred to the political party of the
24 candidate, the Secretary of State shall direct the party to
25 return that portion to the designated beneficiary of the
26 candidate.
27 Section 3. Subsection (1) of section 99.093, Florida
28 Statutes, is amended to read:
29 99.093 Municipal candidates; election assessment.--
30 (1) Each person seeking to qualify for nomination or
31 election to a municipal office shall pay, at the time of
2
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1 qualifying for office, an election assessment. The election
2 assessment shall be an amount equal to 1 percent of the annual
3 salary of the office sought. Within 30 days after the close
4 of qualifying, the qualifying officer shall forward all
5 assessments collected pursuant to this section to the
6 Department of State for deposit in the Elections Commission
7 Trust Fund.
8 Section 4. Subsection (2) of section 99.0955, Florida
9 Statutes, is amended to read:
10 99.0955 Candidates with no party affiliation; name on
11 general election ballot.--
12 (2) The qualifying fee for candidates with no party
13 affiliation shall consist of a filing fee and an election
14 assessment. The amount of the filing fee is 3 percent of the
15 annual salary of the office sought. The amount of the
16 election assessment is 1 percent of the annual salary of the
17 office sought. The election assessment shall be deposited
18 into the Elections Commission Trust Fund. Filing fees paid to
19 the Department of State shall be deposited into the General
20 Revenue Fund of the state. Filing fees paid to the supervisor
21 of elections shall be deposited into the general revenue fund
22 of the county.
23 Section 5. Subsection (3) of section 102.112, Florida
24 Statutes, is amended to read:
25 102.112 Deadline for submission of county returns to
26 the Department of State; penalties.--
27 (3) Members of the county canvassing board may appeal
28 such fines to the Florida Elections Commission on Ethics,
29 which shall adopt rules for such appeals.
30 Section 6. Subsection (2) of section 104.271, Florida
31 Statutes, is amended to read:
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1 104.271 False or malicious charges against, or false
2 statements about, opposing candidates; penalty.--
3 (2) Any candidate who, in a primary election or other
4 election, with actual malice makes or causes to be made any
5 statement about an opposing candidate which is false is guilty
6 of a violation of this code. An aggrieved candidate may file
7 a complaint with the Florida Elections Commission on Ethics
8 pursuant to s. 106.25. The commission shall adopt rules to
9 provide an expedited hearing of complaints filed under this
10 subsection. Notwithstanding any other provision of law, the
11 commission shall assess a civil penalty of up to $5,000
12 against any candidate found in violation of this subsection,
13 which shall be deposited to the account of the General Revenue
14 Fund of the state.
15 Section 7. Subsection (1) of section 104.42, Florida
16 Statutes, is amended to read:
17 104.42 Fraudulent registration and illegal voting;
18 investigation.--
19 (1) The supervisor of elections is authorized to
20 investigate fraudulent registrations and illegal voting and to
21 report his or her findings to the local state attorney and the
22 Florida Elections Commission on Ethics.
23 Section 8. Subsection (3) of section 105.031, Florida
24 Statutes, is amended to read:
25 105.031 Qualification; filing fee; candidate's oath;
26 items required to be filed.--
27 (3) QUALIFYING FEE.--Each candidate qualifying for
28 election to a judicial office or the office of school board
29 member, except write-in judicial candidates, shall, during the
30 time for qualifying, pay to the officer with whom he or she
31 qualifies a qualifying fee, which shall consist of a filing
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1 fee and an election assessment, or qualify by the alternative
2 method. The amount of the filing fee is 3 percent of the
3 annual salary of the office sought. The amount of the election
4 assessment is 1 percent of the annual salary of the office
5 sought. The Department of State shall forward all filing fees
6 to the Department of Revenue for deposit in the Elections
7 Commission Trust Fund. The supervisor of elections shall
8 forward all filing fees to the Elections Commission Trust
9 Fund. The election assessment shall be deposited into the
10 Elections Commission Trust Fund. The annual salary of the
11 office for purposes of computing the qualifying fee shall be
12 computed by multiplying 12 times the monthly salary authorized
13 for such office as of July 1 immediately preceding the first
14 day of qualifying. This subsection shall not apply to
15 candidates qualifying for retention to judicial office.
16 Section 9. Section 105.071, Florida Statutes, is
17 amended to read:
18 105.071 Candidates for judicial office; limitations on
19 political activity.--A candidate for judicial office shall
20 not:
21 (1) Participate in any partisan political party
22 activities, except that such candidate may register to vote as
23 a member of any political party and may vote in any party
24 primary for candidates for nomination of the party in which
25 she or he is registered to vote.
26 (2) Campaign as a member of any political party.
27 (3) Publicly represent or advertise herself or himself
28 as a member of any political party.
29 (4) Endorse any candidate.
30 (5) Make political speeches other than in the
31 candidate's own behalf.
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1 (6) Make contributions to political party funds.
2 (7) Accept contributions from any political party.
3 (8) Solicit contributions for any political party.
4 (9) Accept or retain a place on any political party
5 committee.
6 (10) Make any contribution to any person, group, or
7 organization for its endorsement to judicial office.
8 (11) Agree to pay all or any part of any advertisement
9 sponsored by any person, group, or organization wherein the
10 candidate may be endorsed for judicial office by any such
11 person, group, or organization.
12
13 A candidate for judicial office or retention therein who
14 violates the provisions of this section is liable for a civil
15 fine of up to $1,000 to be determined by the Florida Elections
16 Commission on Ethics.
17 Section 10. Paragraph (c) of subsection (7) of section
18 106.03, Florida Statutes, is amended to read:
19 106.03 Registration of political committees.--
20 (7) The Division of Elections shall promulgate rules
21 to prescribe the manner in which inactive committees may be
22 dissolved and have their registration canceled. Such rules
23 shall, at a minimum, provide for:
24 (c) Appeal of the decision to the Florida Elections
25 Commission on Ethics. Such appeals shall be exempt from the
26 confidentiality provisions of s. 106.25.
27 Section 11. Subsections (6), (7), and (8) of section
28 106.04, Florida Statutes, are amended to read:
29 106.04 Committees of continuous existence.--
30 (6) All accounts and records of a committee of
31 continuous existence may be inspected under reasonable
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1 circumstances by any authorized representative of the Division
2 of Elections or the Florida Elections Commission on Ethics.
3 The right of inspection may be enforced by appropriate writ
4 issued by any court of competent jurisdiction.
5 (7) If a committee of continuous existence ceases to
6 meet the criteria prescribed by subsection (1), the Division
7 of Elections shall revoke its certification until such time as
8 the criteria are again met. The Division of Elections shall
9 promulgate rules to prescribe the manner in which such
10 certification shall be revoked. Such rules shall, at a
11 minimum, provide for:
12 (a) Notice, which shall contain the facts and conduct
13 that warrant the intended action.
14 (b) Adequate opportunity to respond.
15 (c) Appeal of the decision to the Florida Elections
16 Commission on Ethics. Such appeals shall be exempt from the
17 confidentiality provisions of s. 106.25.
18 (8)(a) Any committee of continuous existence failing
19 to file a report on the designated due date shall be subject
20 to a fine. The fine shall be $500 per day for each late day,
21 not to exceed 25 percent of the total receipts or
22 expenditures, whichever is greater, for the period covered by
23 the late report. The fine shall be assessed by the filing
24 officer, and the moneys collected shall be deposited in the
25 Elections Commission Trust Fund. No separate fine shall be
26 assessed for failure to file a copy of any report required by
27 this section.
28 (b) Upon determining that a report is late, the filing
29 officer shall immediately notify the treasurer of the
30 committee as to the failure to file a report by the designated
31 due date and that a fine is being assessed for each late day.
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1 Upon receipt of the report, the filing officer shall determine
2 the amount of fine which is due and shall notify the treasurer
3 of the committee. The filing officer shall determine the
4 amount of the fine due based upon the earliest of the
5 following:
6 1. When the report is actually received by such
7 officer.
8 2. When the report is postmarked.
9 3. When the certificate of mailing is dated.
10 4. When the receipt from an established courier
11 company is dated.
12
13 Such fine shall be paid to the filing officer within 20 days
14 after receipt of the notice of payment due, unless appeal is
15 made to the Florida Elections Commission on Ethics pursuant to
16 paragraph (c). An officer or member of a committee shall not
17 be personally liable for such fine.
18 (c) Any treasurer of a committee may appeal or dispute
19 the fine, based upon unusual circumstances surrounding the
20 failure to file on the designated due date, and may request
21 and shall be entitled to a hearing before the Florida
22 Elections Commission on Ethics, which shall have the authority
23 to waive the fine in whole or in part. Any such request shall
24 be made within 20 days after receipt of the notice of payment
25 due. In such case, the treasurer of the committee shall,
26 within the 20-day period, notify the filing officer in writing
27 of his or her intention to bring the matter before the
28 commission.
29 (d) The filing officer shall notify the Florida
30 Elections Commission on Ethics of the repeated late filing by
31 a committee of continuous existence, the failure of a
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1 committee of continuous existence to file a report after
2 notice, or the failure to pay the fine imposed.
3 Section 12. Subsection (2) of section 106.06, Florida
4 Statutes, is amended to read:
5 106.06 Treasurer to keep records; inspections.--
6 (2) Accounts, including separate interest-bearing
7 accounts and certificates of deposit, kept by the campaign
8 treasurer of a candidate or political committee may be
9 inspected under reasonable circumstances before, during, or
10 after the election to which the accounts refer by any
11 authorized representative of the Division of Elections or the
12 Florida Elections Commission on Ethics. The right of
13 inspection may be enforced by appropriate writ issued by any
14 court of competent jurisdiction. The campaign treasurer of a
15 political committee supporting a candidate may be joined with
16 the campaign treasurer of the candidate as respondent in such
17 a proceeding.
18 Section 13. Subsections (6) and (8) of section 106.07,
19 Florida Statutes, are amended to read:
20 106.07 Reports; certification and filing.--
21 (6) The campaign depository shall return all checks
22 drawn on the account to the campaign treasurer who shall
23 retain the records pursuant to s. 106.06. The records
24 maintained by the depository with respect to such account
25 shall be subject to inspection by an agent of the Division of
26 Elections or the Florida Elections Commission on Ethics at any
27 time during normal banking hours, and such depository shall
28 furnish certified copies of any of such records to the
29 Division of Elections or Florida Elections Commission on
30 Ethics upon request.
31
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1 (8)(a) Any candidate or political committee failing to
2 file a report on the designated due date shall be subject to a
3 fine as provided in paragraph (b) for each late day, and, in
4 the case of a candidate, such fine shall be paid only from
5 personal funds of the candidate. The fine shall be assessed
6 by the filing officer and the moneys collected shall be
7 deposited:
8 1. In the Elections Commission Trust Fund, in the case
9 of a candidate for state office or a political committee that
10 registers with the Division of Elections; or
11 2. In the general revenue fund of the political
12 subdivision, in the case of a candidate for an office of a
13 political subdivision or a political committee that registers
14 with an officer of a political subdivision.
15
16 No separate fine shall be assessed for failure to file a copy
17 of any report required by this section.
18 (b) Upon determining that a report is late, the filing
19 officer shall immediately notify the candidate or chair of the
20 political committee as to the failure to file a report by the
21 designated due date and that a fine is being assessed for each
22 late day. The fine shall be $50 per day for the first 3 days
23 late and, thereafter, $500 per day for each late day, not to
24 exceed 25 percent of the total receipts or expenditures,
25 whichever is greater, for the period covered by the late
26 report. However, for the reports immediately preceding each
27 primary and general election, the fine shall be $500 per day
28 for each late day, not to exceed 25 percent of the total
29 receipts or expenditures, whichever if greater, for the period
30 covered by the late report. Upon receipt of the report, the
31 filing officer shall determine the amount of the fine which is
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1 due and shall notify the candidate or chair. The filing
2 officer shall determine the amount of the fine due based upon
3 the earliest of the following:
4 1. When the report is actually received by such
5 officer.
6 2. When the report is postmarked.
7 3. When the certificate of mailing is dated.
8 4. When the receipt from an established courier
9 company is dated.
10
11 Such fine shall be paid to the filing officer within 20 days
12 after receipt of the notice of payment due, unless appeal is
13 made to the Florida Elections Commission on Ethics pursuant to
14 paragraph (c). In the case of a candidate, such fine shall
15 not be an allowable campaign expenditure and shall be paid
16 only from personal funds of the candidate. An officer or
17 member of a political committee shall not be personally liable
18 for such fine.
19 (c) Any candidate or chair of a political committee
20 may appeal or dispute the fine, based upon unusual
21 circumstances surrounding the failure to file on the
22 designated due date, and may request and shall be entitled to
23 a hearing before the Florida Elections Commission on Ethics,
24 which shall have the authority to waive the fine in whole or
25 in part. Any such request shall be made within 20 days after
26 receipt of the notice of payment due. In such case, the
27 candidate or chair of the political committee shall, within
28 the 20-day period, notify the filing officer in writing of his
29 or her intention to bring the matter before the commission.
30 (d) The appropriate filing officer shall notify the
31 Florida Elections Commission on Ethics of the repeated late
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1 filing by a candidate or political committee, the failure of a
2 candidate or political committee to file a report after
3 notice, or the failure to pay the fine imposed.
4 Section 14. Subsection (3) of section 106.085, Florida
5 Statutes, is amended to read:
6 106.085 Independent expenditures; unfair surprise
7 prohibited; notice requirements; penalty.--
8 (3) A person who violates any provision of this
9 section shall be liable for a civil fine of up to $5,000 to be
10 determined by the Florida Elections Commission on Ethics or
11 the entire amount of the expenditure not noticed, whichever is
12 greater.
13 Section 15. Paragraph (b) of subsection (2) of section
14 106.087, Florida Statutes, is amended to read:
15 106.087 Independent expenditures; contribution limits;
16 restrictions on political parties, political committees, and
17 committees of continuous existence.--
18 (b) Any political committee or committee of continuous
19 existence that violates this subsection is liable for a civil
20 fine of up to $5,000 to be determined by the Florida Elections
21 Commission on Ethics or the entire amount of the expenditures,
22 whichever is greater.
23 Section 16. Subsection (6) of section 106.141, Florida
24 Statutes, is amended to read:
25 106.141 Disposition of surplus funds by candidates.--
26 (6) Prior to disposing of funds pursuant to subsection
27 (4) or transferring funds into an office account pursuant to
28 subsection (5), any candidate who filed an oath stating that
29 he or she was unable to pay the election assessment or fee for
30 verification of petition signatures without imposing an undue
31 burden on his or her personal resources or on resources
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1 otherwise available to him or her, or who filed both such
2 oaths, or who qualified by the alternative method and was not
3 required to pay an election assessment, shall reimburse the
4 state or local governmental entity, whichever is applicable,
5 for such waived assessment or fee or both. Such reimbursement
6 shall be made first for the cost of petition verification and
7 then, if funds are remaining, for the amount of the election
8 assessment. If there are insufficient funds in the account to
9 pay the full amount of either the assessment or the fee or
10 both, the remaining funds shall be disbursed in the above
11 manner until no funds remain. All funds disbursed pursuant to
12 this subsection shall be remitted to the qualifying officer.
13 Any reimbursement for petition verification costs which are
14 reimbursable by the state shall be forwarded by the qualifying
15 officer to the state for deposit in the General Revenue Fund.
16 All reimbursements for the amount of the election assessment
17 shall be forwarded by the qualifying officer to the Department
18 of State for deposit in the Elections Commission Trust Fund.
19 Section 17. Subsection (7) of section 106.22, Florida
20 Statutes, is amended to read:
21 106.22 Duties of the Division of Elections.--It is the
22 duty of the Division of Elections to:
23 (7) Report to the Florida Elections Commission on
24 Ethics any failure to file a report or information required by
25 this chapter or any apparent violation of this chapter.
26 Section 18. Section 106.24, Florida Statutes, is
27 amended to read:
28 106.24 Florida Elections Commission on Ethics;
29 membership; powers; duties.--
30 (1)(a) There is created within the Department of Legal
31 Affairs, Office of the Attorney General, a Florida Elections
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1 Commission, hereinafter referred to as the commission. The
2 commission shall be a separate budget entity, and its director
3 shall be the agency head for all purposes. The commission
4 shall not be subject to control, supervision, or direction by
5 the Department of Legal Affairs or the Attorney General in the
6 performance of its duties, including, but not limited to,
7 personnel, purchasing transactions involving real or personal
8 property, and budgetary matters.
9 (b) The commission shall be composed of nine members.
10 The President of the Senate, the Speaker of the House of
11 Representatives, the minority leader of the Senate, and the
12 minority leader of the House of Representatives shall each
13 provide a list of six nominees to the Governor for initial
14 appointment to the commission. The Governor may appoint two
15 members to the commission from each list. If the Governor
16 refuses to appoint two members from any of the respective
17 lists, the Governor shall so inform the nominating officer and
18 the nominating officer shall submit a new list of six nominees
19 within 30 days. The new list must contain at least three
20 nominees not included on the prior nominating list. The ninth
21 commission member, who shall serve as chair of the commission,
22 shall be appointed by the Governor. Each member of the
23 commission is subject to confirmation by the Senate. The
24 chair of the commission shall serve for a maximum term of 4
25 years, such term to run concurrently with the term of the
26 appointing Governor and until a future successor is appointed.
27 Other members of the commission shall serve for 4-year terms
28 and until their successors are appointed.
29 (c) As the terms of members expire, excluding the
30 chair, successors shall be appointed to 4-year terms and shall
31 serve until their successors are appointed. Six months prior
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1 to the expiration of a commission member's term, the ranking
2 officer of the political party in the respective house
3 originally nominating the commission member shall submit a
4 list of three nominees to the Governor. The Governor may
5 appoint one of the listed nominees to the commission. If no
6 nominee is selected from the list, the Governor shall so
7 inform the nominating officer, who shall submit a list of
8 three different nominees to the Governor within 30 days.
9 Vacancies on the commission shall expeditiously be filled for
10 the unexpired terms in the same manner.
11 (d) As the term of the chair of the commission expires
12 or becomes vacant, a successor shall be appointed in the
13 manner of the original appointment, and shall serve for a
14 maximum of 4 years, such term to run concurrently with the
15 term of the appointing Governor and until a future successor
16 is appointed.
17 (e) In no event may any member of the commission serve
18 more than two full terms. Members of the commission shall be
19 paid travel and per diem as provided in s. 112.061 while in
20 performance of their duties and in traveling to, from, and
21 upon same. Of the nine members of the commission, no more
22 than five members shall be from the same political party at
23 any one time.
24 (2) No member of the commission shall be a member of
25 any county, state, or national committee of a political party;
26 be an officer in any partisan political club or organization;
27 or hold, or be a candidate for, any other public office. No
28 person shall be appointed as a member of the commission who
29 has held an elective public office or office in a political
30 party within the year immediately preceding his or her
31 appointment.
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1 (3) The commission shall convene at the call of its
2 chair or at the request of a majority of the members of the
3 commission. The presence of five members is required to
4 constitute a quorum, and the affirmative vote of the majority
5 of the members present is required for any action or
6 recommendation by the commission. The commission may meet in
7 any city of the state.
8 (4) The commission shall appoint an executive
9 director, who shall serve under the direction, supervision,
10 and control of the commission. The executive director, with
11 the consent of the commission, shall employ such staff as are
12 necessary to adequately perform the functions of the
13 commission, within budgetary limitations. All employees,
14 except the executive director and attorneys, are subject to
15 part II of chapter 110. The executive director shall serve at
16 the pleasure of the commission and be subject to part III of
17 chapter 110, except that the commission shall have complete
18 authority for setting the executive director's salary.
19 Attorneys employed by the commission shall be subject to part
20 V of chapter 110.
21 (1)(5) Hearings shall be held before the Florida
22 Commission on Ethics, except that the chair may direct that
23 any hearing be held before one member of the commission or a
24 panel of less than the full commission. The commission shall
25 adopt rules to provide for the filing of a report when
26 hearings are held by a single commissioner or a panel, which
27 rules shall prescribe the time for filing the report and the
28 contents of the report.
29 (2)(6) There is hereby established in the State
30 Treasury an Elections Commission Trust Fund to be used
31 utilized by the Division of Elections and the Florida
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1 Elections Commission on Ethics in order to carry out their
2 duties pursuant to ss. 106.24-106.28. The trust fund may also
3 be used by the division, pursuant to its authority under s.
4 106.22(11), to provide rewards for information leading to
5 criminal convictions related to voter registration fraud,
6 voter fraud, and vote scams.
7 (7) The commission shall develop a budget request
8 pursuant to chapter 216 annually. The budget is not subject
9 to change by the Department of Legal Affairs or the Attorney
10 General, but it shall be submitted by the Department of Legal
11 Affairs to the Governor for transmittal to the Legislature.
12 (3)(8) The commission is authorized to contract or
13 consult with appropriate agencies of state government for such
14 professional assistance as may be needed in the discharge of
15 its duties.
16 Section 19. Section 106.25, Florida Statutes, is
17 amended to read:
18 106.25 Reports of alleged violations to Florida
19 Elections Commission on Ethics; disposition of findings.--
20 (1) Jurisdiction to investigate and determine
21 violations of this chapter and chapter 104 is vested in the
22 Florida Elections Commission on Ethics; however, nothing in
23 this section limits the jurisdiction of any other officers or
24 agencies of government empowered by law to investigate, act
25 upon, or dispose of alleged violations of this code.
26 (2) The commission shall investigate all violations of
27 this chapter and chapter 104, but only after having received
28 either a sworn complaint or information reported to it by the
29 Division of Elections. Any person, other than the division,
30 having information of any violation of this chapter or chapter
31 104 shall file a sworn complaint with the commission. Such
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1 sworn complaint shall state whether a complaint of the same
2 violation has been made to any state attorney. Within 5 days
3 after receipt of a sworn complaint, the commission shall
4 transmit a copy of the complaint to the alleged violator. All
5 sworn complaints alleging violations of the Florida Election
6 Code over which the commission has jurisdiction shall be filed
7 with the commission within 2 years of the alleged violations.
8 The period of limitations is tolled on the day a sworn
9 complaint is filed with the commission.
10 (3) For the purposes of commission jurisdiction, a
11 violation shall mean the willful performance of an act
12 prohibited by this chapter or chapter 104 or the willful
13 failure to perform an act required by this chapter or chapter
14 104.
15 (4) The commission shall undertake a preliminary
16 investigation to determine if the facts alleged in a sworn
17 complaint or a matter initiated by the division constitute
18 probable cause to believe that a violation has occurred. Upon
19 completion of the preliminary investigation, the commission
20 shall, by written report, find probable cause or no probable
21 cause to believe that this chapter or chapter 104 has been
22 violated.
23 (a) If no probable cause is found, the commission
24 shall dismiss the case and the case shall become a matter of
25 public record, except as otherwise provided in this section,
26 together with a written statement of the findings of the
27 preliminary investigation and a summary of the facts which the
28 commission shall send to the complainant and the alleged
29 violator.
30 (b) If probable cause is found, the commission shall
31 so notify the complainant and the alleged violator in writing.
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1 All documents made or received in the disposition of the
2 complaint shall become public records upon a finding by the
3 commission.
4
5 In a case where probable cause is found, the commission shall
6 make a preliminary determination to consider the matter or to
7 refer the matter to the state attorney for the judicial
8 circuit in which the alleged violation occurred.
9 (5) When there are disputed issues of material fact in
10 a proceeding conducted under ss. 120.569 and 120.57, a person
11 alleged by the Elections Commission on Ethics to have
12 committed a violation of this chapter or chapter 104 may
13 elect, within 30 days after the date of the filing of the
14 commission's allegations, to have a hearing conducted by an
15 administrative law judge in the Division of Administrative
16 Hearings.
17 (6) It is the duty of a state attorney receiving a
18 complaint referred by the commission to investigate the
19 complaint promptly and thoroughly; to undertake such criminal
20 or civil actions as are justified by law; and to report to the
21 commission the results of such investigation, the action
22 taken, and the disposition thereof. The failure or refusal of
23 a state attorney to prosecute or to initiate action upon a
24 complaint or a referral by the commission shall not bar
25 further action by the commission under this chapter.
26 (7) Every sworn complaint filed pursuant to this
27 chapter with the commission, every investigation and
28 investigative report or other paper of the commission with
29 respect to a violation of this chapter or chapter 104, and
30 every proceeding of the commission with respect to a violation
31 of this chapter or chapter 104 is confidential, is exempt from
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1 the provisions of ss. 119.07(1) and 286.011, and is exempt
2 from publication in the Florida Administrative Weekly of any
3 notice or agenda with respect to any proceeding relating to
4 such violation, except under the following circumstances:
5 (a) As provided in subsection (6);
6 (b) Upon a determination of probable cause or no
7 probable cause by the commission; or
8 (c) For proceedings conducted with respect to appeals
9 of fines levied by filing officers for the late filing of
10 reports required by this chapter.
11
12 However, a complainant is not bound by the confidentiality
13 provisions of this section. In addition, confidentiality may
14 be waived in writing by the person against whom the complaint
15 has been filed or the investigation has been initiated. If a
16 finding of probable cause in a case is entered within 30 days
17 prior to the date of the election with respect to which the
18 alleged violation occurred, such finding and the proceedings
19 and records relating to such case shall not become public
20 until noon of the day following such election. When two or
21 more persons are being investigated by the commission with
22 respect to an alleged violation of this chapter or chapter
23 104, the commission may not publicly enter a finding of
24 probable cause or no probable cause in the case until a
25 finding of probable cause or no probable cause for the entire
26 case has been determined. However, once the confidentiality of
27 any case has been breached, the person or persons under
28 investigation have the right to waive the confidentiality of
29 the case, thereby opening up the proceedings and records to
30 the public. Any person who discloses any information or
31 matter made confidential by the provisions of this subsection
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1 commits a misdemeanor of the first degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 (8) Any person who files a complaint pursuant to this
4 section while knowing that the allegations contained in such
5 complaint are false or without merit commits a misdemeanor of
6 the first degree, punishable as provided in s. 775.082 or s.
7 775.083.
8 Section 20. Subsection (13) of section 106.26, Florida
9 Statutes, is amended to read:
10 106.26 Powers of commission; rights and
11 responsibilities of parties; findings by commission.--
12 (13) The commission may not issue advisory opinions
13 regarding the Florida Election Code and must, in all its
14 deliberations and decisions, adhere to statutory law and
15 advisory opinions of the division.
16 Section 21. Subsection (3) of section 106.29, Florida
17 Statutes, is amended to read:
18 106.29 Reports by political parties; restrictions on
19 contributions and expenditures; penalties.--
20 (3)(a) Any state or county executive committee failing
21 to file a report on the designated due date shall be subject
22 to a fine as provided in paragraph (b) for each late day. The
23 fine shall be assessed by the filing officer, and the moneys
24 collected shall be deposited in the Elections Commission Trust
25 Fund.
26 (b) Upon determining that a report is late, the filing
27 officer shall immediately notify the chair of the executive
28 committee as to the failure to file a report by the designated
29 due date and that a fine is being assessed for each late day.
30 The fine shall be $1,000 for a state executive committee, and
31 $50 for a county executive committee, per day for each late
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1 day, not to exceed 25 percent of the total receipts or
2 expenditures, whichever is greater, for the period covered by
3 the late report. However, if an executive committee fails to
4 file a report on the Friday immediately preceding the general
5 election, the fine shall be $10,000 per day for each day a
6 state executive committee is late and $500 per day for each
7 day a county executive committee is late. Upon receipt of the
8 report, the filing officer shall determine the amount of the
9 fine which is due and shall notify the chair. The filing
10 officer shall determine the amount of the fine due based upon
11 the earliest of the following:
12 1. When the report is actually received by such
13 officer.
14 2. When the report is postmarked.
15 3. When the certificate of mailing is dated.
16 4. When the receipt from an established courier
17 company is dated.
18
19 Such fine shall be paid to the filing officer within 20 days
20 after receipt of the notice of payment due, unless appeal is
21 made to the Florida Elections Commission on Ethics pursuant to
22 paragraph (c). An officer or member of an executive committee
23 shall not be personally liable for such fine.
24 (c) The chair of an executive committee may appeal or
25 dispute the fine, based upon unusual circumstances surrounding
26 the failure to file on the designated due date, and may
27 request and shall be entitled to a hearing before the Florida
28 Elections Commission on Ethics, which shall have the authority
29 to waive the fine in whole or in part. Any such request shall
30 be made within 20 days after receipt of the notice of payment
31 due. In such case, the chair of the executive committee
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1 shall, within the 20-day period, notify the filing officer in
2 writing of his or her intention to bring the matter before the
3 commission.
4 (d) The appropriate filing officer shall notify the
5 Florida Elections Commission on Ethics of the repeated late
6 filing by an executive committee, the failure of an executive
7 committee to file a report after notice, or the failure to pay
8 the fine imposed.
9 Section 22. Subsection (1) of section 106.35, Florida
10 Statutes, is amended to read:
11 106.35 Distribution of funds.--
12 (1) The division shall review each request for
13 contributions from the Election Campaign Financing Trust Fund
14 and certify whether the candidate is eligible for such
15 contributions. Notice of the certification decision shall be
16 provided to the candidate. An adverse decision may be
17 appealed to the Florida Elections Commission on Ethics. The
18 division shall adopt rules providing a procedure for such
19 appeals.
20 Section 23. This act shall take effect July 1, 2001.
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23 SENATE SUMMARY
24 Abolishes the Florida Elections Commission and transfers
its powers, duties, functions, and assets to the
25 Commission on Ethics.
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