| 1 | A bill to be entitled |
| 2 | An act relating to violations of the Florida Election |
| 3 | Code; creating s. 104.2715, F.S.; providing that a |
| 4 | candidate who, in a primary or other election, falsely |
| 5 | represents that he or she served or is currently serving |
| 6 | in the military, commits a violation of the Florida |
| 7 | Election Code; permitting any person to file a complaint |
| 8 | with the Florida Elections Commission alleging that a |
| 9 | candidate has falsely represented his or her military |
| 10 | service; requiring that the commission adopt rules to |
| 11 | provide for an expedited hearing for complaints filed with |
| 12 | the commission; requiring that the Director of the |
| 13 | Division of Administrative Hearings assign an |
| 14 | administrative law judge to provide an expedited hearing |
| 15 | in certain cases; requiring the commission or |
| 16 | administrative law judge to assess a civil penalty of up |
| 17 | to a specified amount against a candidate who is found to |
| 18 | have falsely misrepresented his or her military service; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 104.2715, Florida Statutes, is created |
| 24 | to read: |
| 25 | 104.2715 False representations of military service; |
| 26 | penalty.- |
| 27 | (1) A candidate who, in a primary or other election, |
| 28 | falsely represents, directly or indirectly, that he or she |
| 29 | served or is currently serving in the military, whether active |
| 30 | duty, reserve, or National Guard, commits a violation of the |
| 31 | Florida Election Code. |
| 32 | (2) Any person may file a complaint with the Florida |
| 33 | Elections Commission pursuant to s. 106.25 alleging a violation |
| 34 | of subsection (1). |
| 35 | (3) The commission shall adopt rules to provide an |
| 36 | expedited hearing of complaints filed under subsection (2), or, |
| 37 | in cases referred to the Division of Administrative Hearings |
| 38 | pursuant to s. 106.25(5), the director shall assign an |
| 39 | administrative law judge to provide an expedited hearing. |
| 40 | (4) Notwithstanding any other law, the commission or |
| 41 | administrative law judge shall assess a civil penalty of up to |
| 42 | $5,000 against any candidate who is found to have violated |
| 43 | subsection (1), which shall be deposited into the General |
| 44 | Revenue Fund. |
| 45 | Section 2. This act shall take effect July 1, 2011. |