Senate Bill sb0962

    Florida Senate - 2005                                   SB 962

    By Senator Smith





    14-548-05

  1                      A bill to be entitled

  2         An act relating to the Florida Elections

  3         Commission; amending s. 106.25, F.S.; requiring

  4         the commission to report certain findings to

  5         the Division of Elections which relate to

  6         violations that could have been, but were not,

  7         alleged in a complaint; providing an effective

  8         date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (2) of section 106.25, Florida

13  Statutes, is amended to read:

14         106.25  Reports of alleged violations to Florida

15  Elections Commission; disposition of findings.--

16         (2)  The commission shall investigate all violations of

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

18  either a sworn complaint or information reported to it under

19  this subsection by the Division of Elections. Any person,

20  other than the division, having information of any violation

21  of this chapter or chapter 104 shall file a sworn complaint

22  with the commission. The commission shall investigate only

23  those alleged violations specifically contained within the

24  sworn complaint. If any complainant fails to allege all

25  violations that arise from the facts or allegations alleged in

26  a complaint, the commission shall be barred from investigating

27  a subsequent complaint from such complainant which that is

28  based upon such facts or allegations that were raised or could

29  have been raised in the first complaint; however, the

30  commission shall report all such findings to the Division of

31  Elections for further proceedings in accordance with s.

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    Florida Senate - 2005                                   SB 962
    14-548-05




 1  106.22(7). Such sworn complaint shall state whether a

 2  complaint of the same violation has been made to any state

 3  attorney. Within 5 days after receipt of a sworn complaint,

 4  the commission shall transmit a copy of the complaint to the

 5  alleged violator. All sworn complaints alleging violations of

 6  the Florida Election Code over which the commission has

 7  jurisdiction shall be filed with the commission within 2 years

 8  after the alleged violations. The period of limitations is

 9  tolled on the day a sworn complaint is filed with the

10  commission.

11         Section 2.  This act shall take effect July 1, 2005.

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14                          SENATE SUMMARY

15    Requires the Florida Elections Commission to notify the
      Division of Elections in cases in which a violation is
16    not alleged as part of a complaint when it could have
      been so alleged.
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CODING: Words stricken are deletions; words underlined are additions.