Senate Bill sb1004

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    Florida Senate - 2002                                  SB 1004

    By Senator Smith





    5-514-02

  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, 104.271, 104.42, 105.031,

  9         105.071, 106.03, 106.04, 106.06, 106.07,

10         106.085, 106.087, 106.141, 106.22, 106.24,

11         106.25, 106.26, 106.29, 106.35, F.S., to

12         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

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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

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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 (2) of section 104.271, Florida

24  Statutes, is amended to read:

25         104.271  False or malicious charges against, or false

26  statements about, opposing candidates; penalty.--

27         (2)  Any candidate who, in a primary election or other

28  election, with actual malice makes or causes to be made any

29  statement about an opposing candidate which is false is guilty

30  of a violation of this code.  An aggrieved candidate may file

31  a complaint with the Florida Elections Commission on Ethics

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  1  pursuant to s. 106.25. The commission shall adopt rules to

  2  provide an expedited hearing of complaints filed under this

  3  subsection. Notwithstanding any other provision of law, the

  4  commission shall assess a civil penalty of up to $5,000

  5  against any candidate found in violation of this subsection,

  6  which shall be deposited to the account of the General Revenue

  7  Fund of the state.

  8         Section 6.  Subsection (1) of section 104.42, Florida

  9  Statutes, is amended to read:

10         104.42  Fraudulent registration and illegal voting;

11  investigation.--

12         (1)  The supervisor of elections is authorized to

13  investigate fraudulent registrations and illegal voting and to

14  report his or her findings to the local state attorney and the

15  Florida Elections Commission on Ethics.

16         Section 7.  Subsection (3) of section 105.031, Florida

17  Statutes, is amended to read:

18         105.031  Qualification; filing fee; candidate's oath;

19  items required to be filed.--

20         (3)  QUALIFYING FEE.--Each candidate qualifying for

21  election to a judicial office or the office of school board

22  member, except write-in judicial candidates, shall, during the

23  time for qualifying, pay to the officer with whom he or she

24  qualifies a qualifying fee, which shall consist of a filing

25  fee and an election assessment, or qualify by the alternative

26  method. The amount of the filing fee is 3 percent of the

27  annual salary of the office sought. The amount of the election

28  assessment is 1 percent of the annual salary of the office

29  sought.  The Department of State shall forward all filing fees

30  to the Department of Revenue for deposit in the Elections

31  Commission Trust Fund.  The supervisor of elections shall

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  1  forward all filing fees to the Elections Commission Trust

  2  Fund.  The election assessment shall be deposited into the

  3  Elections Commission Trust Fund.  The annual salary of the

  4  office for purposes of computing the qualifying fee shall be

  5  computed by multiplying 12 times the monthly salary authorized

  6  for such office as of July 1 immediately preceding the first

  7  day of qualifying.  This subsection shall not apply to

  8  candidates qualifying for retention to judicial office.

  9         Section 8.  Section 105.071, Florida Statutes, is

10  amended to read:

11         105.071  Candidates for judicial office; limitations on

12  political activity.--A candidate for judicial office shall

13  not:

14         (1)  Participate in any partisan political party

15  activities, except that such candidate may register to vote as

16  a member of any political party and may vote in any party

17  primary for candidates for nomination of the party in which

18  she or he is registered to vote.

19         (2)  Campaign as a member of any political party.

20         (3)  Publicly represent or advertise herself or himself

21  as a member of any political party.

22         (4)  Endorse any candidate.

23         (5)  Make political speeches other than in the

24  candidate's own behalf.

25         (6)  Make contributions to political party funds.

26         (7)  Accept contributions from any political party.

27         (8)  Solicit contributions for any political party.

28         (9)  Accept or retain a place on any political party

29  committee.

30         (10)  Make any contribution to any person, group, or

31  organization for its endorsement to judicial office.

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  1         (11)  Agree to pay all or any part of any advertisement

  2  sponsored by any person, group, or organization wherein the

  3  candidate may be endorsed for judicial office by any such

  4  person, group, or organization.

  5

  6  A candidate for judicial office or retention therein who

  7  violates the provisions of this section is liable for a civil

  8  fine of up to $1,000 to be determined by the Florida Elections

  9  Commission on Ethics.

10         Section 9.  Paragraph (c) of subsection (7) of section

11  106.03, Florida Statutes, is amended to read:

12         106.03  Registration of political committees.--

13         (7)  The Division of Elections shall promulgate rules

14  to prescribe the manner in which inactive committees may be

15  dissolved and have their registration canceled. Such rules

16  shall, at a minimum, provide for:

17         (c)  Appeal of the decision to the Florida Elections

18  Commission on Ethics.  Such appeals shall be exempt from the

19  confidentiality provisions of s. 106.25.

20         Section 10.  Subsections (6), (7), and (8) of section

21  106.04, Florida Statutes, are amended to read:

22         106.04  Committees of continuous existence.--

23         (6)  All accounts and records of a committee of

24  continuous existence may be inspected under reasonable

25  circumstances by any authorized representative of the Division

26  of Elections or the Florida Elections Commission on Ethics.

27  The right of inspection may be enforced by appropriate writ

28  issued by any court of competent jurisdiction.

29         (7)  If a committee of continuous existence ceases to

30  meet the criteria prescribed by subsection (1), the Division

31  of Elections shall revoke its certification until such time as

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  1  the criteria are again met.  The Division of Elections shall

  2  promulgate rules to prescribe the manner in which such

  3  certification shall be revoked.  Such rules shall, at a

  4  minimum, provide for:

  5         (a)  Notice, which shall contain the facts and conduct

  6  that warrant the intended action.

  7         (b)  Adequate opportunity to respond.

  8         (c)  Appeal of the decision to the Florida Elections

  9  Commission on Ethics.  Such appeals shall be exempt from the

10  confidentiality provisions of s. 106.25.

11         (8)(a)  Any committee of continuous existence failing

12  to file a report on the designated due date shall be subject

13  to a fine.  The fine shall be $500 per day for each late day,

14  not to exceed 25 percent of the total receipts or

15  expenditures, whichever is greater, for the period covered by

16  the late report. The fine shall be assessed by the filing

17  officer, and the moneys collected shall be deposited in the

18  Elections Commission Trust Fund.  No separate fine shall be

19  assessed for failure to file a copy of any report required by

20  this section.

21         (b)  Upon determining that a report is late, the filing

22  officer shall immediately notify the treasurer of the

23  committee as to the failure to file a report by the designated

24  due date and that a fine is being assessed for each late day.

25  Upon receipt of the report, the filing officer shall determine

26  the amount of fine which is due and shall notify the treasurer

27  of the committee. The filing officer shall determine the

28  amount of the fine due based upon the earliest of the

29  following:

30         1.  When the report is actually received by such

31  officer.

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  1         2.  When the report is postmarked.

  2         3.  When the certificate of mailing is dated.

  3         4.  When the receipt from an established courier

  4  company is dated.

  5

  6  Such fine shall be paid to the filing officer within 20 days

  7  after receipt of the notice of payment due, unless appeal is

  8  made to the Florida Elections Commission on Ethics pursuant to

  9  paragraph (c).  An officer or member of a committee shall not

10  be personally liable for such fine.

11         (c)  Any treasurer of a committee may appeal or dispute

12  the fine, based upon unusual circumstances surrounding the

13  failure to file on the designated due date, and may request

14  and shall be entitled to a hearing before the Florida

15  Elections Commission on Ethics, which shall have the authority

16  to waive the fine in whole or in part.  Any such request shall

17  be made within 20 days after receipt of the notice of payment

18  due.  In such case, the treasurer of the committee shall,

19  within the 20-day period, notify the filing officer in writing

20  of his or her intention to bring the matter before the

21  commission.

22         (d)  The filing officer shall notify the Florida

23  Elections Commission on Ethics of the repeated late filing by

24  a committee of continuous existence, the failure of a

25  committee of continuous existence to file a report after

26  notice, or the failure to pay the fine imposed.

27         Section 11.  Subsection (2) of section 106.06, Florida

28  Statutes, is amended to read:

29         106.06  Treasurer to keep records; inspections.--

30         (2)  Accounts, including separate interest-bearing

31  accounts and certificates of deposit, kept by the campaign

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  1  treasurer of a candidate or political committee may be

  2  inspected under reasonable circumstances before, during, or

  3  after the election to which the accounts refer by any

  4  authorized representative of the Division of Elections or the

  5  Florida Elections Commission on Ethics.  The right of

  6  inspection may be enforced by appropriate writ issued by any

  7  court of competent jurisdiction. The campaign treasurer of a

  8  political committee supporting a candidate may be joined with

  9  the campaign treasurer of the candidate as respondent in such

10  a proceeding.

11         Section 12.  Subsections (6) and (8) of section 106.07,

12  Florida Statutes, are amended to read:

13         106.07  Reports; certification and filing.--

14         (6)  The campaign depository shall return all checks

15  drawn on the account to the campaign treasurer who shall

16  retain the records pursuant to s. 106.06.  The records

17  maintained by the depository with respect to such account

18  shall be subject to inspection by an agent of the Division of

19  Elections or the Florida Elections Commission on Ethics at any

20  time during normal banking hours, and such depository shall

21  furnish certified copies of any of such records to the

22  Division of Elections or Florida Elections Commission on

23  Ethics upon request.

24         (8)(a)  Any candidate or political committee failing to

25  file a report on the designated due date shall be subject to a

26  fine as provided in paragraph (b) for each late day, and, in

27  the case of a candidate, such fine shall be paid only from

28  personal funds of the candidate.  The fine shall be assessed

29  by the filing officer and the moneys collected shall be

30  deposited:

31

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  1         1.  In the Elections Commission Trust Fund, in the case

  2  of a candidate for state office or a political committee that

  3  registers with the Division of Elections; or

  4         2.  In the general revenue fund of the political

  5  subdivision, in the case of a candidate for an office of a

  6  political subdivision or a political committee that registers

  7  with an officer of a political subdivision.

  8

  9  No separate fine shall be assessed for failure to file a copy

10  of any report required by this section.

11         (b)  Upon determining that a report is late, the filing

12  officer shall immediately notify the candidate or chair of the

13  political committee as to the failure to file a report by the

14  designated due date and that a fine is being assessed for each

15  late day.  The fine shall be $50 per day for the first 3 days

16  late and, thereafter, $500 per day for each late day, not to

17  exceed 25 percent of the total receipts or expenditures,

18  whichever is greater, for the period covered by the late

19  report.  However, for the reports immediately preceding each

20  primary and general election, the fine shall be $500 per day

21  for each late day, not to exceed 25 percent of the total

22  receipts or expenditures, whichever if greater, for the period

23  covered by the late report. Upon receipt of the report, the

24  filing officer shall determine the amount of the fine which is

25  due and shall notify the candidate or chair.  The filing

26  officer shall determine the amount of the fine due based upon

27  the earliest of the following:

28         1.  When the report is actually received by such

29  officer.

30         2.  When the report is postmarked.

31         3.  When the certificate of mailing is dated.

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  1         4.  When the receipt from an established courier

  2  company is dated.

  3

  4  Such fine shall be paid to the filing officer within 20 days

  5  after receipt of the notice of payment due, unless appeal is

  6  made to the Florida Elections Commission on Ethics pursuant to

  7  paragraph (c).  In the case of a candidate, such fine shall

  8  not be an allowable campaign expenditure and shall be paid

  9  only from personal funds of the candidate.  An officer or

10  member of a political committee shall not be personally liable

11  for such fine.

12         (c)  Any candidate or chair of a political committee

13  may appeal or dispute the fine, based upon unusual

14  circumstances surrounding the failure to file on the

15  designated due date, and may request and shall be entitled to

16  a hearing before the Florida Elections Commission on Ethics,

17  which shall have the authority to waive the fine in whole or

18  in part.  Any such request shall be made within 20 days after

19  receipt of the notice of payment due.  In such case, the

20  candidate or chair of the political committee shall, within

21  the 20-day period, notify the filing officer in writing of his

22  or her intention to bring the matter before the commission.

23         (d)  The appropriate filing officer shall notify the

24  Florida Elections Commission on Ethics of the repeated late

25  filing by a candidate or political committee, the failure of a

26  candidate or political committee to file a report after

27  notice, or the failure to pay the fine imposed.

28         Section 13.  Subsection (3) of section 106.085, Florida

29  Statutes, is amended to read:

30         106.085  Independent expenditures; unfair surprise

31  prohibited; notice requirements; penalty.--

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  1         (3)  A person who violates any provision of this

  2  section shall be liable for a civil fine of up to $5,000 to be

  3  determined by the Florida Elections Commission on Ethics or

  4  the entire amount of the expenditure not noticed, whichever is

  5  greater.

  6         Section 14.  Paragraph (b) of subsection (2) of section

  7  106.087, Florida Statutes, is amended to read:

  8         106.087  Independent expenditures; contribution limits;

  9  restrictions on political parties, political committees, and

10  committees of continuous existence.--

11         (b)  Any political committee or committee of continuous

12  existence that violates this subsection is liable for a civil

13  fine of up to $5,000 to be determined by the Florida Elections

14  Commission on Ethics or the entire amount of the expenditures,

15  whichever is greater.

16         Section 15.  Subsection (6) of section 106.141, Florida

17  Statutes, is amended to read:

18         106.141  Disposition of surplus funds by candidates.--

19         (6)  Prior to disposing of funds pursuant to subsection

20  (4) or transferring funds into an office account pursuant to

21  subsection (5), any candidate who filed an oath stating that

22  he or she was unable to pay the election assessment or fee for

23  verification of petition signatures without imposing an undue

24  burden on his or her personal resources or on resources

25  otherwise available to him or her, or who filed both such

26  oaths, or who qualified by the alternative method and was not

27  required to pay an election assessment, shall reimburse the

28  state or local governmental entity, whichever is applicable,

29  for such waived assessment or fee or both.  Such reimbursement

30  shall be made first for the cost of petition verification and

31  then, if funds are remaining, for the amount of the election

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  1  assessment.  If there are insufficient funds in the account to

  2  pay the full amount of either the assessment or the fee or

  3  both, the remaining funds shall be disbursed in the above

  4  manner until no funds remain.  All funds disbursed pursuant to

  5  this subsection shall be remitted to the qualifying officer.

  6  Any reimbursement for petition verification costs which are

  7  reimbursable by the state shall be forwarded by the qualifying

  8  officer to the state for deposit in the General Revenue Fund.

  9  All reimbursements for the amount of the election assessment

10  shall be forwarded by the qualifying officer to the Department

11  of State for deposit in the Elections Commission Trust Fund.

12         Section 16.  Subsection (7) of section 106.22, Florida

13  Statutes, is amended to read:

14         106.22  Duties of the Division of Elections.--It is the

15  duty of the Division of Elections to:

16         (7)  Report to the Florida Elections Commission on

17  Ethics any failure to file a report or information required by

18  this chapter or any apparent violation of this chapter.

19         Section 17.  Section 106.24, Florida Statutes, is

20  amended to read:

21         106.24  Florida Elections Commission on Ethics;

22  membership; powers; duties.--

23         (1)(a)  There is created within the Department of Legal

24  Affairs, Office of the Attorney General, a Florida Elections

25  Commission, hereinafter referred to as the commission.  The

26  commission shall be a separate budget entity, and its director

27  shall be the agency head for all purposes.  The commission

28  shall not be subject to control, supervision, or direction by

29  the Department of Legal Affairs or the Attorney General in the

30  performance of its duties, including, but not limited to,

31

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  1  personnel, purchasing transactions involving real or personal

  2  property, and budgetary matters.

  3         (b)  The commission shall be composed of nine members.

  4  The President of the Senate, the Speaker of the House of

  5  Representatives, the minority leader of the Senate, and the

  6  minority leader of the House of Representatives shall each

  7  provide a list of six nominees to the Governor for initial

  8  appointment to the commission.  The Governor may appoint two

  9  members to the commission from each list.  If the Governor

10  refuses to appoint two members from any of the respective

11  lists, the Governor shall so inform the nominating officer and

12  the nominating officer shall submit a new list of six nominees

13  within 30 days. The new list must contain at least three

14  nominees not included on the prior nominating list.  The ninth

15  commission member, who shall serve as chair of the commission,

16  shall be appointed by the Governor. Each member of the

17  commission is subject to confirmation by the Senate.  The

18  chair of the commission shall serve for a maximum term of 4

19  years, such term to run concurrently with the term of the

20  appointing Governor and until a future successor is appointed.

21  Other members of the commission shall serve for 4-year terms

22  and until their successors are appointed.

23         (c)  As the terms of members expire, excluding the

24  chair, successors shall be appointed to 4-year terms and shall

25  serve until their successors are appointed. Six months prior

26  to the expiration of a commission member's term, the ranking

27  officer of the political party in the respective house

28  originally nominating the commission member shall submit a

29  list of three nominees to the Governor. The Governor may

30  appoint one of the listed nominees to the commission. If no

31  nominee is selected from the list, the Governor shall so

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  1  inform the nominating officer, who shall submit a list of

  2  three different nominees to the Governor within 30 days.

  3  Vacancies on the commission shall expeditiously be filled for

  4  the unexpired terms in the same manner.

  5         (d)  As the term of the chair of the commission expires

  6  or becomes vacant, a successor shall be appointed in the

  7  manner of the original appointment, and shall serve for a

  8  maximum of 4 years, such term to run concurrently with the

  9  term of the appointing Governor and until a future successor

10  is appointed.

11         (e)  In no event may any member of the commission serve

12  more than two full terms. Members of the commission shall be

13  paid travel and per diem as provided in s. 112.061 while in

14  performance of their duties and in traveling to, from, and

15  upon same.  Of the nine members of the commission, no more

16  than five members shall be from the same political party at

17  any one time.

18         (2)  No member of the commission shall be a member of

19  any county, state, or national committee of a political party;

20  be an officer in any partisan political club or organization;

21  or hold, or be a candidate for, any other public office.  No

22  person shall be appointed as a member of the commission who

23  has held an elective public office or office in a political

24  party within the year immediately preceding his or her

25  appointment.

26         (3)  The commission shall convene at the call of its

27  chair or at the request of a majority of the members of the

28  commission.  The presence of five members is required to

29  constitute a quorum, and the affirmative vote of the majority

30  of the members present is required for any action or

31

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  1  recommendation by the commission.  The commission may meet in

  2  any city of the state.

  3         (4)  The commission shall appoint an executive

  4  director, who shall serve under the direction, supervision,

  5  and control of the commission.  The executive director, with

  6  the consent of the commission, shall employ such staff as are

  7  necessary to adequately perform the functions of the

  8  commission, within budgetary limitations.  All employees,

  9  except the executive director and attorneys, are subject to

10  part II of chapter 110.  The executive director shall serve at

11  the pleasure of the commission and be subject to part III of

12  chapter 110, except that the commission shall have complete

13  authority for setting the executive director's salary.

14  Attorneys employed by the commission shall be subject to part

15  V of chapter 110.

16         (1)(5)  Hearings shall be held before the Florida

17  Commission on Ethics, except that the chair may direct that

18  any hearing be held before one member of the commission or a

19  panel of less than the full commission.  The commission shall

20  adopt rules to provide for the filing of a report when

21  hearings are held by a single commissioner or a panel, which

22  rules shall prescribe the time for filing the report and the

23  contents of the report.

24         (2)(6)  There is hereby established in the State

25  Treasury an Elections Commission Trust Fund to be used

26  utilized by the Division of Elections and the Florida

27  Elections Commission on Ethics in order to carry out their

28  duties pursuant to ss. 106.24-106.28.  The trust fund may also

29  be used by the division, pursuant to its authority under s.

30  106.22(11), to provide rewards for information leading to

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  1  criminal convictions related to voter registration fraud,

  2  voter fraud, and vote scams.

  3         (7)  The commission shall develop a budget request

  4  pursuant to chapter 216 annually.  The budget is not subject

  5  to change by the Department of Legal Affairs or the Attorney

  6  General, but it shall be submitted by the Department of Legal

  7  Affairs to the Governor for transmittal to the Legislature.

  8         (3)(8)  The commission is authorized to contract or

  9  consult with appropriate agencies of state government for such

10  professional assistance as may be needed in the discharge of

11  its duties.

12         Section 18.  Section 106.25, Florida Statutes, is

13  amended to read:

14         106.25  Reports of alleged violations to Florida

15  Elections Commission on Ethics; disposition of findings.--

16         (1)  Jurisdiction to investigate and determine

17  violations of this chapter and chapter 104 is vested in the

18  Florida Elections Commission on Ethics; however, nothing in

19  this section limits the jurisdiction of any other officers or

20  agencies of government empowered by law to investigate, act

21  upon, or dispose of alleged violations of this code.

22         (2)  The commission shall investigate all violations of

23  this chapter and chapter 104, but only after having received

24  either a sworn complaint or information reported to it by the

25  Division of Elections. Any person, other than the division,

26  having information of any violation of this chapter or chapter

27  104 shall file a sworn complaint with the commission.  Such

28  sworn complaint shall state whether a complaint of the same

29  violation has been made to any state attorney. Within 5 days

30  after receipt of a sworn complaint, the commission shall

31  transmit a copy of the complaint to the alleged violator. All

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  1  sworn complaints alleging violations of the Florida Election

  2  Code over which the commission has jurisdiction shall be filed

  3  with the commission within 2 years of the alleged violations.

  4  The period of limitations is tolled on the day a sworn

  5  complaint is filed with the commission.

  6         (3)  For the purposes of commission jurisdiction, a

  7  violation shall mean the willful performance of an act

  8  prohibited by this chapter or chapter 104 or the willful

  9  failure to perform an act required by this chapter or chapter

10  104.

11         (4)  The commission shall undertake a preliminary

12  investigation to determine if the facts alleged in a sworn

13  complaint or a matter initiated by the division constitute

14  probable cause to believe that a violation has occurred.  Upon

15  completion of the preliminary investigation, the commission

16  shall, by written report, find probable cause or no probable

17  cause to believe that this chapter or chapter 104 has been

18  violated.

19         (a)  If no probable cause is found, the commission

20  shall dismiss the case and the case shall become a matter of

21  public record, except as otherwise provided in this section,

22  together with a written statement of the findings of the

23  preliminary investigation and a summary of the facts which the

24  commission shall send to the complainant and the alleged

25  violator.

26         (b)  If probable cause is found, the commission shall

27  so notify the complainant and the alleged violator in writing.

28  All documents made or received in the disposition of the

29  complaint shall become public records upon a finding by the

30  commission.

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  1  In a case where probable cause is found, the commission shall

  2  make a preliminary determination to consider the matter or to

  3  refer the matter to the state attorney for the judicial

  4  circuit in which the alleged violation occurred.

  5         (5)  When there are disputed issues of material fact in

  6  a proceeding conducted under ss. 120.569 and 120.57, a person

  7  alleged by the Elections Commission on Ethics to have

  8  committed a violation of this chapter or chapter 104 may

  9  elect, within 30 days after the date of the filing of the

10  commission's allegations, to have a hearing conducted by an

11  administrative law judge in the Division of Administrative

12  Hearings.

13         (6)  It is the duty of a state attorney receiving a

14  complaint referred by the commission to investigate the

15  complaint promptly and thoroughly; to undertake such criminal

16  or civil actions as are justified by law; and to report to the

17  commission the results of such investigation, the action

18  taken, and the disposition thereof. The failure or refusal of

19  a state attorney to prosecute or to initiate action upon a

20  complaint or a referral by the commission shall not bar

21  further action by the commission under this chapter.

22         (7)  Every sworn complaint filed pursuant to this

23  chapter with the commission, every investigation and

24  investigative report or other paper of the commission with

25  respect to a violation of this chapter or chapter 104, and

26  every proceeding of the commission with respect to a violation

27  of this chapter or chapter 104 is confidential, is exempt from

28  the provisions of ss. 119.07(1) and 286.011, and is exempt

29  from publication in the Florida Administrative Weekly of any

30  notice or agenda with respect to any proceeding relating to

31  such violation, except under the following circumstances:

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  1         (a)  As provided in subsection (6);

  2         (b)  Upon a determination of probable cause or no

  3  probable cause by the commission; or

  4         (c)  For proceedings conducted with respect to appeals

  5  of fines levied by filing officers for the late filing of

  6  reports required by this chapter.

  7

  8  However, a complainant is not bound by the confidentiality

  9  provisions of this section.  In addition, confidentiality may

10  be waived in writing by the person against whom the complaint

11  has been filed or the investigation has been initiated.  If a

12  finding of probable cause in a case is entered within 30 days

13  prior to the date of the election with respect to which the

14  alleged violation occurred, such finding and the proceedings

15  and records relating to such case shall not become public

16  until noon of the day following such election.  When two or

17  more persons are being investigated by the commission with

18  respect to an alleged violation of this chapter or chapter

19  104, the commission may not publicly enter a finding of

20  probable cause or no probable cause in the case until a

21  finding of probable cause or no probable cause for the entire

22  case has been determined. However, once the confidentiality of

23  any case has been breached, the person or persons under

24  investigation have the right to waive the confidentiality of

25  the case, thereby opening up the proceedings and records to

26  the public.  Any person who discloses any information or

27  matter made confidential by the provisions of this subsection

28  commits a misdemeanor of the first degree, punishable as

29  provided in s. 775.082 or s. 775.083.

30         (8)  Any person who files a complaint pursuant to this

31  section while knowing that the allegations contained in such

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  1  complaint are false or without merit commits a misdemeanor of

  2  the first degree, punishable as provided in s. 775.082 or s.

  3  775.083.

  4         Section 19.  Subsection (13) of section 106.26, Florida

  5  Statutes, is amended to read:

  6         106.26  Powers of commission; rights and

  7  responsibilities of parties; findings by commission.--

  8         (13)  The commission may not issue advisory opinions

  9  regarding the Florida Election Code and must, in all its

10  deliberations and decisions, adhere to statutory law and

11  advisory opinions of the division.

12         Section 20.  Subsection (3) of section 106.29, Florida

13  Statutes, is amended to read:

14         106.29  Reports by political parties; restrictions on

15  contributions and expenditures; penalties.--

16         (3)(a)  Any state or county executive committee failing

17  to file a report on the designated due date shall be subject

18  to a fine as provided in paragraph (b) for each late day.  The

19  fine shall be assessed by the filing officer, and the moneys

20  collected shall be deposited in the Elections Commission Trust

21  Fund.

22         (b)  Upon determining that a report is late, the filing

23  officer shall immediately notify the chair of the executive

24  committee as to the failure to file a report by the designated

25  due date and that a fine is being assessed for each late day.

26  The fine shall be $1,000 for a state executive committee, and

27  $50 for a county executive committee, per day for each late

28  day, not to exceed 25 percent of the total receipts or

29  expenditures, whichever is greater, for the period covered by

30  the late report.  However, if an executive committee fails to

31  file a report on the Friday immediately preceding the general

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  1  election, the fine shall be $10,000 per day for each day a

  2  state executive committee is late and $500 per day for each

  3  day a county executive committee is late.  Upon receipt of the

  4  report, the filing officer shall determine the amount of the

  5  fine which is due and shall notify the chair.  The filing

  6  officer shall determine the amount of the fine due based upon

  7  the earliest of the following:

  8         1.  When the report is actually received by such

  9  officer.

10         2.  When the report is postmarked.

11         3.  When the certificate of mailing is dated.

12         4.  When the receipt from an established courier

13  company is dated.

14

15  Such fine shall be paid to the filing officer within 20 days

16  after receipt of the notice of payment due, unless appeal is

17  made to the Florida Elections Commission on Ethics pursuant to

18  paragraph (c).  An officer or member of an executive committee

19  shall not be personally liable for such fine.

20         (c)  The chair of an executive committee may appeal or

21  dispute the fine, based upon unusual circumstances surrounding

22  the failure to file on the designated due date, and may

23  request and shall be entitled to a hearing before the Florida

24  Elections Commission on Ethics, which shall have the authority

25  to waive the fine in whole or in part.  Any such request shall

26  be made within 20 days after receipt of the notice of payment

27  due.  In such case, the chair of the executive committee

28  shall, within the 20-day period, notify the filing officer in

29  writing of his or her intention to bring the matter before the

30  commission.

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  1         (d)  The appropriate filing officer shall notify the

  2  Florida Elections Commission on Ethics of the repeated late

  3  filing by an executive committee, the failure of an executive

  4  committee to file a report after notice, or the failure to pay

  5  the fine imposed.

  6         Section 21.  Subsection (1) of section 106.35, Florida

  7  Statutes, is amended to read:

  8         106.35  Distribution of funds.--

  9         (1)  The division shall review each request for

10  contributions from the Election Campaign Financing Trust Fund

11  and certify whether the candidate is eligible for such

12  contributions. Notice of the certification decision shall be

13  provided to the candidate.  An adverse decision may be

14  appealed to the Florida Elections Commission on Ethics.  The

15  division shall adopt rules providing a procedure for such

16  appeals.

17         Section 22.  This act shall take effect July 1, 2002.

18

19            *****************************************

20                          SENATE SUMMARY

21    Abolishes the Florida Elections Commission and transfers
      its powers, duties, functions, and assets to the
22    Commission on Ethics.

23

24

25

26

27

28

29

30

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