Florida Senate - 2014 SB 1660
By the Committee on Ethics and Elections
582-02414-14 20141660__
1 A bill to be entitled
2 An act relating to elections; creating s. 97.0525,
3 F.S.; requiring the Department of State to develop an
4 online voter registration system; specifying
5 application requirements for the system; requiring the
6 Department of Highway Safety and Motor Vehicles to
7 verify information submitted online; requiring the
8 supervisor of elections to notify applicants under
9 certain circumstances; requiring system compliance
10 with federal accessibility provisions; prohibiting
11 online registrants from initially voting by absentee
12 ballot; providing exceptions; amending s. 101.20,
13 F.S.; authorizing the supervisor of elections to
14 choose the method of providing sample ballots to
15 electors; amending s. 101.6103, F.S.; extending the
16 time for canvassing and processing absentee ballots
17 for a mail ballot election to 15 days before the
18 election; amending s. 101.62, F.S.; providing that an
19 absentee ballot request from a first-time online
20 registrant is not valid unless certain conditions are
21 met; amending s. 101.68, F.S.; revising instructions
22 on the absentee ballot affidavit relating to the
23 submission deadline for affidavits; amending s.
24 101.69, F.S.; designating locations where the
25 supervisor may accept or receive an elector’s voted
26 absentee ballot; creating s. 101.6931, F.S.;
27 establishing requirements for the absentee ballot
28 provided to certain first-time online registrant
29 voters; specifying content of the voter’s certificate
30 for an absentee ballot provided to first-time online
31 registrant voters; creating s. 101.6932, F.S.;
32 specifying instructions required to be included with
33 an absentee ballot sent to first-time online
34 registrant absent electors; creating s. 101.6933,
35 F.S.; establishing procedures for the canvassing of
36 absentee ballots received from first-time online
37 registrant voters; amending s. 105.071, F.S.; revising
38 penalties relating to limitations on political
39 activity by a candidate for judicial office; amending
40 s. 106.07, F.S.; clarifying the reporting schedules of
41 campaign finance reports filed by certain candidates
42 and political committees; revising the schedule for
43 assessment of fines for late-filed reports; amending
44 s. 106.0703, F.S.; clarifying the reporting schedules
45 of reports filed by certain electioneering
46 communications organizations; revising the schedule
47 for assessment of fines for late-filed reports;
48 amending s. 106.25, F.S.; revising provisions relating
49 to service of process of a respondent by the Florida
50 Elections Commission; providing that a respondent may
51 consent to receive documents from the commission
52 electronically; clarifying and revising provisions
53 relating to the commission’s authority over certain
54 violations by candidates for judicial office; amending
55 s. 106.265, F.S.; specifying that an unpaid fine
56 becomes a judgment 60 days after such fine is imposed;
57 requiring the commission to attempt to determine
58 whether an individual owing fines is a current public
59 officer or public employee; authorizing the commission
60 to notify the Chief Financial Officer or the governing
61 body of a county, municipality, or special district of
62 the total amount of any fine owed to the commission by
63 such individuals; requiring that the Chief Financial
64 Officer or the governing body begin withholding
65 portions of any salary-related payment that would
66 otherwise be paid to the current public officer or
67 public employee; requiring that the withheld payments
68 be remitted to the commission until the fine is
69 satisfied or a specified amount is reached;
70 authorizing the Chief Financial Officer or the
71 governing body to retain a portion of payment for
72 administrative costs; authorizing garnishment and
73 collection methods for individuals who are no longer
74 public officers or public employees; authorizing the
75 commission to collect an unpaid fine within a
76 specified period after issuance of the final order;
77 clarifying and revising provisions relating to the
78 commission’s authority over certain violations by
79 candidates for judicial office; providing an effective
80 date.
81
82 Be It Enacted by the Legislature of the State of Florida:
83
84 Section 1. Section 97.0525, Florida Statutes, is created to
85 read:
86 97.0525 Online voter registration.—
87 (1) Beginning July 1, 2015, an applicant may submit an
88 online voter registration application using the procedures set
89 forth in this section.
90 (2)(a) The division shall establish a secure Internet
91 website to permit an applicant to:
92 1. Submit a voter registration application, including
93 first-time voter registration applications and updates to
94 existing voter registration records.
95 2. Submit information necessary to establish an applicant’s
96 eligibility to vote, pursuant to s. 97.041, which must include
97 the information required for the uniform statewide voter
98 registration application pursuant to s. 97.052(2).
99 3. Swear to the oath required pursuant to s. 97.051.
100 (b) The website must conspicuously provide notice of the
101 in-person voting requirements and absentee ballot exemptions in
102 subsection (8). Each applicant who is not currently registered
103 to vote must affirmatively acknowledge, by checkbox or
104 otherwise, that he or she has read and understands this
105 information before or contemporaneous with submitting the voter
106 registration application.
107 (3) The division shall establish appropriate technological
108 security measures, including use of a unique identifier for each
109 applicant, to prevent unauthorized persons from altering a
110 voter’s registration information.
111 (4)(a) The online voter registration system shall compare
112 the Florida driver license number or Florida identification
113 number submitted pursuant to s. 97.052(2)(n), unless the
114 applicant indicates pursuant to s. 97.052(2)(o) that he or she
115 has not been issued a Florida driver license or Florida
116 identification card, with information maintained by the
117 Department of Highway Safety and Motor Vehicles, to confirm that
118 the name and date of birth on the application are consistent
119 with the records of the Department of Highway Safety and Motor
120 Vehicles.
121 (b) If the applicant’s name and date of birth are
122 consistent with the records of the Department of Highway Safety
123 and Motor Vehicles, the online voter registration system shall
124 transmit, using the statewide voter registration system
125 maintained pursuant to s. 98.035, the applicant’s submission,
126 along with the digital signature of the applicant on file with
127 the Department of Highway Safety and Motor Vehicles, to the
128 supervisor of elections of the county in which the applicant
129 resides. The applicant’s digital signature shall satisfy the
130 signature requirement of s. 97.052(2)(q).
131 (c) If the applicant’s name and date of birth cannot be
132 verified by the records of the Department of Highway Safety and
133 Motor Vehicles, or the applicant indicated that he or she has
134 not been issued a Florida driver license or Florida
135 identification card, but the applicant is otherwise eligible to
136 vote, the online voter registration system shall issue a unique
137 identification number and submit the application to the
138 supervisor of elections for the county in which the voter
139 resides, for disposition pursuant to s. 97.073.
140 (d) If the applicant does not have a digital signature on
141 file with the Department of Highway Safety and Motor Vehicles,
142 the online voter registration system shall transmit the
143 application as provided in paragraph (b), and the appropriate
144 supervisor of elections shall send the applicant a notice
145 pursuant to s. 97.073, informing the applicant that a signature
146 is needed to complete the application. A notice provided under
147 this paragraph shall consist of a form adopted by the division,
148 delivered by postcard with postage prepaid. The form shall
149 provide a space for the applicant to provide a signature and
150 shall provide clear instructions to the applicant to return the
151 card promptly to the supervisor of elections. The form shall
152 contain a clear statement that, in order to complete the
153 application, the signature must be supplied to the supervisor of
154 elections by the registration deadline, and the deadline shall
155 be included.
156 (5) Upon submission of a completed online voter
157 registration application, the website shall generate an
158 immediate electronic confirmation that the supervisor has
159 received the application and shall provide instructions
160 regarding the ability of a registrant to check the status of the
161 application thereafter.
162 (6) Except as otherwise provided in this section, the
163 supervisor of elections shall process the application pursuant
164 to s. 97.053.
165 (7) The website shall comply with requirements of s. 508 of
166 the Rehabilitation Act of 1973 and Title II of the Americans
167 with Disabilities Act to ensure equal access to voters with
168 disabilities. The division shall include accessibility experts
169 in the development of the online voter registration system and
170 website, and the system’s accessibility shall be verified by an
171 independent body with expertise on the matter.
172 (8) An elector who is not currently registered to vote and
173 who registers pursuant to this section must cast his or her
174 initial ballot immediately following registration at either an
175 early voting site pursuant to s. 101.657, at a polling place on
176 election day, or in connection with supervised voting pursuant
177 to s. 101.655; however, the elector may vote by absentee ballot
178 if the elector meets one of the following exemptions:
179 (a) Is 65 years of age or older;
180 (b) Has a temporary or permanent physical disability;
181 (c) Is a member of the uniformed services on active duty
182 who, by reason of such active duty, will be absent from the
183 county on election day;
184 (d) Is a member of the Merchant Marine who, by reason of
185 service in the Merchant Marine, will be absent from the county
186 on election day;
187 (e) Is the spouse or dependent of a member referred to in
188 paragraph (c) or paragraph (d) who, by reason of the active duty
189 or service of the member, will be absent from the county on
190 election day; or
191 (f) Is currently residing outside of the United States and
192 is eligible to vote in Florida.
193 Section 2. Subsection (2) of section 101.20, Florida
194 Statutes, is amended to read:
195 101.20 Publication of ballot form; sample ballots.—
196 (2)(a) Upon completion of the list of qualified candidates,
197 a sample ballot shall be published by the supervisor of
198 elections in a newspaper of general circulation in the county,
199 before the day of election.
200 (b) In lieu of publication, a supervisor may send a sample
201 ballot to each registered elector by e-mail at least 7 days
202 before an election if an e-mail address has been provided and
203 the elector has opted to receive a sample ballot by electronic
204 delivery. If an e-mail address has not been provided, or if the
205 elector has not opted for electronic delivery, a sample ballot
206 must may be mailed to each registered elector or to each
207 household in which there is a registered elector at least 7 days
208 before an election.
209 Section 3. Subsection (6) of section 101.6103, Florida
210 Statutes, is amended to read:
211 101.6103 Mail ballot election procedure.—
212 (6) The canvassing board may begin the canvassing of mail
213 ballots at 7 a.m. on the 15th sixth day before the election,
214 including processing the ballots through the tabulating
215 equipment. However, results may not be released until after 7
216 p.m. on election day. Any canvassing board member or election
217 employee who releases any result before 7 p.m. on election day
218 commits a felony of the third degree, punishable as provided in
219 s. 775.082, s. 775.083, or s. 775.084.
220 Section 4. Subsection (1) of section 101.62, Florida
221 Statutes, is amended to read:
222 101.62 Request for absentee ballots.—
223 (1)(a) The supervisor shall accept a request for an
224 absentee ballot from an elector in person or in writing. One
225 request shall be deemed sufficient to receive an absentee ballot
226 for all elections through the end of the calendar year of the
227 second ensuing regularly scheduled general election, unless the
228 elector or the elector’s designee indicates at the time the
229 request is made the elections for which the elector desires to
230 receive an absentee ballot. Such request may be considered
231 canceled when any first-class mail sent by the supervisor to the
232 elector is returned as undeliverable.
233 (b)1. The supervisor may accept a written or telephonic
234 request for an absentee ballot to be mailed to an elector’s
235 address on file in the Florida Voter Registration System from
236 the elector, or, if directly instructed by the elector, a member
237 of the elector’s immediate family, or the elector’s legal
238 guardian; if the ballot is requested to be mailed to an address
239 other than the elector’s address on file in the Florida Voter
240 Registration System, the request must be made in writing and
241 signed by the elector. However, an absent uniformed service
242 voter or an overseas voter seeking an absentee ballot is not
243 required to submit a signed, written request for an absentee
244 ballot that is being mailed to an address other than the
245 elector’s address on file in the Florida Voter Registration
246 System. For purposes of this section, the term “immediate
247 family” has the same meaning as specified in paragraph (4)(c).
248 The person making the request must disclose:
249 a.1. The name of the elector for whom the ballot is
250 requested.
251 b.2. The elector’s address.
252 c.3. The elector’s date of birth.
253 d.4. The requester’s name.
254 e.5. The requester’s address.
255 f.6. The requester’s driver’s license number, if available.
256 g.7. The requester’s relationship to the elector.
257 h.8. The requester’s signature (written requests only).
258 2. If the elector was not registered to vote at the time of
259 submitting a voter registration application online pursuant to
260 s. 97.0525 and has not voted since registering, the absentee
261 ballot request is not valid unless it includes an assertion by
262 the elector that he or she meets one or more of the exemptions
263 for casting an absentee ballot pursuant to s. 97.0525(8);
264 notwithstanding, the supervisor must mail the elector an
265 absentee ballot if the ballot is to be sent to an overseas
266 address or the voter registration records indicate that the
267 elector making such request is 65 years of age or older.
268 (c) Upon receiving a request for an absentee ballot from an
269 absent voter, the supervisor of elections shall notify the voter
270 of the free access system that has been designated by the
271 department for determining the status of his or her absentee
272 ballot.
273 Section 5. Paragraph (d) of subsection (4) of section
274 101.68, Florida Statutes, is amended to read:
275 101.68 Canvassing of absentee ballot.—
276 (4)
277 (d) Instructions must accompany the absentee ballot
278 affidavit in substantially the following form:
279
280 READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE
281 AFFIDAVIT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
282 BALLOT NOT TO COUNT.
283
284 1. In order to ensure that your absentee ballot will be
285 counted, your affidavit should be completed and returned as soon
286 as possible so that it can reach the supervisor of elections of
287 the county in which your precinct is located no later than 5
288 p.m. on the 2nd day before the election.
289 2. You must sign your name on the line above (Voter’s
290 Signature).
291 3. You must make a copy of one of the following forms of
292 identification:
293 a. Identification that includes your name and photograph:
294 United States passport; debit or credit card; military
295 identification; student identification; retirement center
296 identification; neighborhood association identification; or
297 public assistance identification; or
298 b. Identification that shows your name and current
299 residence address: current utility bill, bank statement,
300 government check, paycheck, or government document (excluding
301 voter identification card).
302 4. Place the envelope bearing the affidavit into a mailing
303 envelope addressed to the supervisor. Insert a copy of your
304 identification in the mailing envelope. Mail, deliver, or have
305 delivered the completed affidavit along with the copy of your
306 identification to your county supervisor of elections. Be sure
307 there is sufficient postage if mailed and that the supervisor’s
308 address is correct.
309 5. Alternatively, you may fax or e-mail your completed
310 affidavit and a copy of your identification to the supervisor of
311 elections. If e-mailing, please provide these documents as
312 attachments.
313 Section 6. Section 101.69, Florida Statutes, is amended to
314 read:
315 101.69 Locations for receipt of absentee ballot; voting in
316 person after requesting an; return of absentee ballot.—
317 (1)(a) Except as provided in subsection (2), the supervisor
318 of elections shall only accept or receive an elector’s voted
319 absentee ballot that is returned to any of the following
320 locations:
321 1. In the main or branch office of the supervisor;
322 2. In a polling room at an early voting site; or
323 3. To the supervisor’s post office box within a United
324 States Postal Service facility.
325 (b) For purposes of this section, the branch office must be
326 a permanent facility of the supervisor and staffed by one or
327 more permanent, full-time employees of the supervisor.
328 (2) The provisions of this code shall not be construed to
329 prohibit any elector from voting in person at the elector’s
330 precinct on the day of an election or at an early voting site,
331 notwithstanding that the elector has requested an absentee
332 ballot for that election. An elector who has returned a voted
333 absentee ballot to the supervisor, however, is deemed to have
334 cast his or her ballot and is not entitled to vote another
335 ballot or to have a provisional ballot counted by the county
336 canvassing board. An elector who has received an absentee ballot
337 and has not returned the voted ballot to the supervisor, but
338 desires to vote in person, shall return the ballot, whether
339 voted or not, to the election board in the elector’s precinct or
340 to an early voting site. The returned ballot shall be marked
341 “canceled” by the board and placed with other canceled ballots.
342 However, if the elector does not return the ballot and the
343 election official:
344 (a)(1) Confirms that the supervisor has received the
345 elector’s absentee ballot, the elector shall not be allowed to
346 vote in person. If the elector maintains that he or she has not
347 returned the absentee ballot or remains eligible to vote, the
348 elector shall be provided a provisional ballot as provided in s.
349 101.048.
350 (b)(2) Confirms that the supervisor has not received the
351 elector’s absentee ballot, the elector shall be allowed to vote
352 in person as provided in this code. The elector’s absentee
353 ballot, if subsequently received, shall not be counted and shall
354 remain in the mailing envelope, and the envelope shall be marked
355 “Rejected as Illegal.”
356 (c)(3) Cannot determine whether the supervisor has received
357 the elector’s absentee ballot, the elector may vote a
358 provisional ballot as provided in s. 101.048.
359 Section 7. Section 101.6931, Florida Statutes, is created
360 to read:
361 101.6931 Delivery of special absentee ballot to certain
362 first-time online registrant voters.—
363 (1) This section applies to voters who are subject to s.
364 97.0525(8).
365 (2) The supervisor shall enclose with each absentee ballot
366 two envelopes: a secrecy envelope, into which the absent elector
367 shall enclose his or her marked ballot; and a mailing envelope,
368 into which the absent elector shall then place the secrecy
369 envelope, which shall be addressed to the supervisor and also
370 bear on the back side a certificate in substantially the
371 following form:
372
373 Note: Please Read Instructions Carefully Before Marking Ballot
374 and Completing Voter’s Certificate.
375
376 VOTER’S CERTIFICATE
377
378 I, ...., do solemnly swear or affirm that I am a qualified
379 and registered voter of .... County, Florida, and that I have
380 not and will not vote more than one ballot in this election. I
381 understand that if I commit or attempt to commit any fraud in
382 connection with voting, vote a fraudulent ballot, or vote more
383 than once in an election, I can be convicted of a felony of the
384 third degree and fined up to $5,000 and/or imprisoned for up to
385 5 years. I also understand that failure to sign this certificate
386 will invalidate my ballot.
387 I further certify that I am exempt from the prohibition
388 against voting by absentee ballot in my first election after
389 registering to vote online because of one or more of the
390 following (check all that apply):
391 ☐ I am 65 years of age or older.
392 ☐ I have a permanent or temporary physical disability.
393 ☐ I am a member of a uniformed service on active duty who,
394 by reason of such active duty, will be absent from the county on
395 election day.
396 ☐ I am a member of the Merchant Marine who, by reason of
397 service in the Merchant Marine, will be absent from the county
398 on election day.
399 ☐ I am the spouse or dependent of a member of the uniformed
400 service or Merchant Marine who, by reason of the active duty or
401 service of the member, will be absent from the county on
402 election day.
403 ☐ I am currently residing outside the United States.
404
405 ...(Date)... ...Voter’s Signature...
406
407 (3) The certificate shall be arranged on the back of the
408 mailing envelope so that the line for the signature of the
409 absent elector is across the seal of the envelope; however, no
410 statement may appear on the envelope which indicates that a
411 signature of the voter must cross the seal of the envelope. The
412 absent elector shall execute the certificate on the envelope.
413 (4) The supervisor shall mark, code, indicate on, or
414 otherwise track the precinct of the absent elector for each
415 absentee ballot.
416 Section 8. Section 101.6932, Florida Statutes, is created
417 to read:
418 101.6932 Instructions to certain first-time online
419 registrant absent electors.—
420 (1) This section applies to voters who are subject to s.
421 97.0525(8).
422 (2) The supervisor shall enclose with each absentee ballot
423 separate printed instructions in substantially the following
424 form:
425
426 READ THESE INSTRUCTIONS CAREFULLY
427 BEFORE MARKING BALLOT.
428 1. PROHIBITION FOR CERTAIN FIRST-TIME VOTERS WHO REGISTERED
429 ONLINE. If you registered to vote online and if this is the
430 first ballot you will be voting since registering, it is a
431 felony to sign the Voter’s Certificate and return this absentee
432 ballot to the supervisor of elections, unless one or more of the
433 following exemptions apply:
434 (a) You are 65 years of age or older;
435 (b) You have a temporary or permanent physical disability;
436 (c) You are a member of the uniformed services on active
437 duty who, by reason of such active duty, will be absent from the
438 county on election day;
439 (d) You are a member of the Merchant Marine who, by reason
440 of service in the Merchant Marine, will be absent from the
441 county on election day;
442 (e) You are the spouse or dependent of a member of the
443 uniformed service or Merchant Marine who, by reason of the
444 active duty or service of the member, will be absent from the
445 county on election day; or
446 (f) You are currently residing outside the United States
447 and are eligible to vote in Florida.
448
449 If you qualify for one of these exemptions, you MAY CAST this
450 absentee ballot, but you MUST indicate on the Voter’s
451 Certificate which exemption applies. Otherwise, your ballot may
452 not count.
453 2. VERY IMPORTANT. In order to ensure that your absentee
454 ballot will be counted, it should be completed and returned as
455 soon as possible so that it can reach the supervisor of
456 elections of the county in which your precinct is located no
457 later than 7 p.m. on the day of the election. However, if you
458 are an overseas voter casting a ballot in a presidential
459 preference primary or general election, your absentee ballot
460 must be postmarked or dated no later than the date of the
461 election and received by the supervisor of elections of the
462 county in which you are registered to vote no later than 10 days
463 after the date of the election.
464 3. Mark your ballot in secret as instructed on the ballot.
465 You must mark your own ballot unless you are unable to do so
466 because of blindness, disability, or inability to read or write.
467 4. Mark only the number of candidate or issue choices for a
468 race as indicated on the ballot. If you are allowed to “Vote for
469 One” candidate and you vote for more than one candidate, your
470 vote in that race will not be counted.
471 5. Place your marked ballot in the enclosed secrecy
472 envelope.
473 6. Insert the secrecy envelope into the enclosed mailing
474 envelope which is addressed to the supervisor.
475 7. Seal the mailing envelope and completely fill out the
476 voter’s certificate on the back of the mailing envelope.
477 8. VERY IMPORTANT. In order for your absentee ballot to be
478 counted, you must sign your name on the line above (Voter’s
479 Signature). An absentee ballot will be considered illegal and
480 not be counted if the signature on the voter’s certificate does
481 not match the signature on record. The signature on file at the
482 start of the canvass of the absentee ballots is the signature
483 that will be used to verify your signature on the voter’s
484 certificate. If you need to update your signature for this
485 election, send your signature update on a voter registration
486 application to your supervisor of elections so that it is
487 received no later than the start of the canvassing of absentee
488 ballots, which occurs no earlier than the 15th day before
489 election day.
490 9. VERY IMPORTANT. If you are an overseas voter, you must
491 include the date you signed the Voter’s Certificate on the line
492 above (Date) or your ballot may not be counted.
493 10. Mail, deliver, or have delivered the completed mailing
494 envelope. Be sure there is sufficient postage if mailed.
495 11. FELONY NOTICE. It is a felony under Florida law to
496 accept any gift, payment, or gratuity in exchange for your vote
497 for a candidate. It is also a felony under Florida law to vote
498 in an election using a false identity or false address, or under
499 any other circumstances making your ballot false or fraudulent.
500 Section 9. Section 101.6933, Florida Statutes, is created
501 to read:
502 101.6933 Canvassing first-time online registrant absentee
503 ballots.—
504 (1) The supervisor of the county where the absent elector
505 resides shall receive the voted absentee ballot. The mailing
506 envelope shall be examined to determine if the voter has
507 indicated on the Voter’s Certificate that he or she is exempt
508 from the prohibition of first-time online registrants voting an
509 absentee ballot under s. 97.0525(8).
510 (2) If the voter has indicated on the Voter’s Certificate
511 that he or she is exempt from the prohibition in s. 97.0525(8),
512 the supervisor shall make the note on the registration records
513 of the voter and the canvassing board shall proceed to canvass
514 the absentee ballot as provided in s. 101.68.
515 (3) If the voter has not indicated on the Voter’s
516 Certificate that he or she is exempt, the supervisor shall check
517 the voter registration records to determine if the absentee
518 ballot request received was in writing or if the voter had
519 previously notified the supervisor in writing that he or she is
520 exempt. The envelope may not be opened unless the voter has
521 previously indicated to the supervisor in writing that he or she
522 is exempt. The ballot shall be treated as a provisional ballot
523 until 7 p.m. on election day and may not be canvassed unless the
524 supervisor has received a written indication of the exemption by
525 7 p.m. on election day.
526 Section 10. Section 105.071, Florida Statutes, is amended
527 to read:
528 105.071 Candidates for judicial office; limitations on
529 political activity.—A candidate for judicial office may shall
530 not:
531 (1) Participate in any partisan political party activities,
532 except that such candidate may register to vote as a member of
533 any political party and may vote in any party primary for
534 candidates for nomination of the party in which she or he is
535 registered to vote.
536 (2) Campaign as a member of any political party.
537 (3) Publicly represent or advertise herself or himself as a
538 member of any political party.
539 (4) Endorse any candidate.
540 (5) Make political speeches other than in the candidate’s
541 own behalf.
542 (6) Make contributions to political party funds.
543 (7) Accept contributions from any political party.
544 (8) Solicit contributions for any political party.
545 (9) Accept or retain a place on any political party
546 committee.
547 (10) Make any contribution to any person, group, or
548 organization for its endorsement to judicial office.
549 (11) Agree to pay all or any part of any advertisement
550 sponsored by any person, group, or organization wherein the
551 candidate may be endorsed for judicial office by any such
552 person, group, or organization.
553
554 A candidate for judicial office or retention therein who
555 violates the provisions of this section is liable for a civil
556 fine not to exceed of up to $1,000 per count pursuant to s.
557 106.265 to be determined by the Florida Elections Commission.
558 Section 11. Paragraph (b) of subsection (1) and paragraph
559 (b) of subsection (8) of section 106.07, Florida Statutes, are
560 amended to read:
561 106.07 Reports; certification and filing.—
562 (1) Each campaign treasurer designated by a candidate or
563 political committee pursuant to s. 106.021 shall file regular
564 reports of all contributions received, and all expenditures
565 made, by or on behalf of such candidate or political committee.
566 Except as provided in paragraphs (a) and (b), reports shall be
567 filed on the 10th day following the end of each calendar month
568 from the time the campaign treasurer is appointed, except that,
569 if the 10th day following the end of a calendar month occurs on
570 a Saturday, Sunday, or legal holiday, the report shall be filed
571 on the next following day that is not a Saturday, Sunday, or
572 legal holiday. Monthly reports shall include all contributions
573 received and expenditures made during the calendar month which
574 have not otherwise been reported pursuant to this section.
575 (b) Any other candidate, or a political committee required
576 to file reports with a filing officer other than the division,
577 must file reports on the 60th, 46th, 32nd, 25th, 18th, 11th, and
578 4th days day immediately preceding both the primary election,
579 and biweekly on each Friday thereafter through and including the
580 4th day immediately preceding the general election, with
581 additional reports due on the 25th and 11th days before the
582 primary election and the general election.
583 (8)
584 (b) Upon determining that a report is late, the filing
585 officer shall immediately notify the candidate or chair of the
586 political committee as to the failure to file a report by the
587 designated due date and that a fine is being assessed for each
588 late day. The fine is $50 per day for the first 7 3 days late
589 and, thereafter, $500 per day for each late day, not to exceed
590 25 percent of the total receipts or expenditures, whichever is
591 greater, for the period covered by the late report. However, for
592 the reports immediately preceding each special primary election,
593 special election, primary election, and general election, the
594 fine is $500 per day for each late day, not to exceed 25 percent
595 of the total receipts or expenditures, whichever is greater, for
596 the period covered by the late report. For reports required
597 under s. 106.141(8), the fine is $50 per day for each late day,
598 not to exceed 25 percent of the total receipts or expenditures,
599 whichever is greater, for the period covered by the late report.
600 Upon receipt of the report, the filing officer shall determine
601 the amount of the fine which is due and shall notify the
602 candidate or chair or registered agent of the political
603 committee. The filing officer shall determine the amount of the
604 fine due based upon the earliest of the following:
605 1. When the report is actually received by such officer.
606 2. When the report is postmarked.
607 3. When the certificate of mailing is dated.
608 4. When the receipt from an established courier company is
609 dated.
610 5. When the electronic receipt issued pursuant to s.
611 106.0705 or other electronic filing system authorized in this
612 section is dated.
613
614 Such fine shall be paid to the filing officer within 20 days
615 after receipt of the notice of payment due, unless appeal is
616 made to the Florida Elections Commission pursuant to paragraph
617 (c). Notice is deemed complete upon proof of delivery of written
618 notice to the mailing or street address on record with the
619 filing officer. In the case of a candidate, such fine is not an
620 allowable campaign expenditure and shall be paid only from
621 personal funds of the candidate. An officer or member of a
622 political committee is not personally liable for such fine.
623 Section 12. Paragraph (c) of subsection (1) and paragraph
624 (b) of subsection (7) of section 106.0703, Florida Statutes, are
625 amended to read:
626 106.0703 Electioneering communications organizations;
627 reporting requirements; certification and filing; penalties.—
628 (1)
629 (c) For an electioneering communications organization
630 required to file reports with a filing officer other than the
631 division, reports must be filed on the 60th, 46th, 32nd, 25th,
632 18th, 11th, and 4th days day immediately preceding both the
633 primary election, and biweekly on each Friday thereafter through
634 and including the 4th day immediately preceding the general
635 election, with additional reports due on the 25th and 11th days
636 before the primary election and the general election.
637 (7)
638 (b) Upon determining that a report is late, the filing
639 officer shall immediately notify the electioneering
640 communications organization as to the failure to file a report
641 by the designated due date and that a fine is being assessed for
642 each late day. The fine shall be $50 per day for the first 7 3
643 days late and, thereafter, $500 per day for each late day, not
644 to exceed 25 percent of the total receipts or expenditures,
645 whichever is greater, for the period covered by the late report.
646 However, for the reports immediately preceding each primary and
647 general election, the fine shall be $500 per day for each late
648 day, not to exceed 25 percent of the total receipts or
649 expenditures, whichever is greater, for the period covered by
650 the late report. Upon receipt of the report, the filing officer
651 shall determine the amount of the fine which is due and shall
652 notify the electioneering communications organization. The
653 filing officer shall determine the amount of the fine due based
654 upon the earliest of the following:
655 1. When the report is actually received by such officer.
656 2. When the report is postmarked.
657 3. When the certificate of mailing is dated.
658 4. When the receipt from an established courier company is
659 dated.
660 5. When the electronic receipt issued pursuant to s.
661 106.0705 or other electronic filing system authorized in this
662 section is dated.
663
664 Such fine shall be paid to the filing officer within 20 days
665 after receipt of the notice of payment due, unless appeal is
666 made to the Florida Elections Commission pursuant to paragraph
667 (c). Notice is deemed sufficient upon proof of delivery of
668 written notice to the mailing or street address on record with
669 the filing officer. An officer or member of an electioneering
670 communications organization shall not be personally liable for
671 such fine.
672 Section 13. Section 106.25, Florida Statutes, is amended to
673 read:
674 106.25 Reports of alleged violations to Florida Elections
675 Commission; disposition of findings.—
676 (1) Jurisdiction to investigate and determine violations of
677 s. 105.071, this chapter, or and chapter 104 is vested in the
678 Florida Elections Commission; however, nothing in this section
679 limits the jurisdiction of any other officers or agencies of
680 government empowered by law to investigate, act upon, or dispose
681 of alleged violations of this code.
682 (2) The commission shall investigate all violations of s.
683 105.071, this chapter, and chapter 104, but only after having
684 received either a sworn complaint or information reported to it
685 under this subsection by the Division of Elections. Such sworn
686 complaint must be based upon personal information or information
687 other than hearsay. Any person, other than the division, having
688 information of any violation of s. 105.071, this chapter, or
689 chapter 104 shall file a sworn complaint with the commission.
690 The commission shall investigate only those alleged violations
691 specifically contained within the sworn complaint. If a any
692 complainant fails to allege all violations that arise from the
693 facts or allegations alleged in a complaint, the commission
694 shall be barred from investigating a subsequent complaint from
695 such complainant which that is based upon such facts or
696 allegations that were raised or could have been raised in the
697 first complaint. If the complaint includes allegations of
698 violations relating to expense items reimbursed by a candidate,
699 committee, or organization to the campaign account before a
700 sworn complaint is filed, the commission shall be barred from
701 investigating such allegations. Such sworn complaint must shall
702 state whether a complaint of the same violation has been made to
703 any state attorney. Within 5 days after receipt of a sworn
704 complaint, the commission must mail shall transmit a copy of the
705 complaint to the alleged violator at the last address of record
706 on file with his or her filing officer, or such other mailing
707 address known to the commission. If the executive director finds
708 that the complaint is legally insufficient, the commission must
709 mail a letter containing the finding to the alleged violator at
710 the last address of record on file with his or her filing
711 officer, or such other mailing address known to the commission.
712 The respondent shall have 14 days after receipt of the complaint
713 to file an initial response, and the executive director may not
714 determine the legal sufficiency of the complaint during that
715 time period. If the executive director finds that the complaint
716 is legally sufficient, the respondent shall be notified of such
717 finding by letter, which sets forth the statutory provisions
718 alleged to have been violated and the alleged factual basis that
719 supports the finding. The letter and a copy of the complaint
720 shall be served on the respondent as provided by law, or by
721 certified mail, return receipt signed by the respondent or by an
722 individual authorized to receive mail at the residence or
723 principal place of business of the respondent. The respondent
724 may file an initial response within 14 days after service,
725 during which time the commission may not commence an
726 investigation. The executive director must reexamine the
727 determination of legal sufficiency upon receipt of a timely
728 filed response, and may modify or reverse the original finding
729 of legal sufficiency as warranted by the new information. If the
730 executive director modifies or reverses the determination of
731 legal sufficiency, the commission must serve the amended finding
732 on the respondent in the same manner as the original letter of
733 legal sufficiency. All sworn complaints alleging violations of
734 the Florida Election Code over which the commission has
735 jurisdiction shall be filed with the commission within 2 years
736 after the alleged violations. The period of limitations is
737 tolled on the day a sworn complaint is filed with the
738 commission. The complainant may withdraw the sworn complaint at
739 any time before prior to a probable cause hearing if good cause
740 is shown. Withdrawal shall be requested in writing, signed by
741 the complainant, and witnessed by a notary public, stating the
742 facts and circumstances constituting good cause. The executive
743 director shall prepare a written recommendation regarding
744 disposition of the request, which shall be given to the
745 commission together with the request. The term “good cause”
746 shall be determined based upon the legal sufficiency or
747 insufficiency of the complaint to allege a violation and the
748 reasons given by the complainant for wishing to withdraw the
749 complaint. If withdrawal is permitted, the commission must close
750 the investigation and the case. No further action may be taken.
751 The complaint becomes will become a public record at the time of
752 withdrawal.
753 (3) For the purposes of commission jurisdiction, a
754 violation means shall mean the willful performance of an act
755 prohibited by s. 105.071, this chapter, or chapter 104 or the
756 willful failure to perform an act required by this chapter or
757 chapter 104. The commission may not by rule determine what
758 constitutes willfulness or further define the term “willful” for
759 purposes of s. 105.071, this chapter, or chapter 104.
760 Willfulness is a determination of fact; however, at the request
761 of the respondent at any time after probable cause is found,
762 willfulness may be considered and determined in an informal
763 hearing before the commission.
764 (4) The commission shall undertake a preliminary
765 investigation to determine if the facts alleged in a sworn
766 complaint or a matter initiated by the division constitute
767 probable cause to believe that a violation has occurred. Upon
768 commencement of an investigation, the respondent shall provide a
769 current mailing address and, if available, a valid e-mail
770 address. If the respondent provides an e-mail address, and
771 consents in writing to receive documents electronically, any
772 subsequent document sent or served by the commission pursuant to
773 this chapter may be transmitted electronically rather than by
774 regular or certified mail. Failure to notify the commission in
775 writing within 10 days after a change of mailing address, or a
776 change of e-mail address after consenting to receive documents
777 electronically, during the pendency of a case, constitutes a
778 violation of this chapter. Notwithstanding s. 106.25(2), a
779 complaint may be amended by the commission at any time during
780 the pendency of a case to include such violation.
781 (a) When the investigator’s report is completed, the
782 executive director shall notify the respondent that the report
783 is completed and shall send to the respondent a copy of the
784 investigator’s report. Notice is deemed complete upon mailing of
785 the report to the mailing address on record with the commission,
786 or to the e-mail address if the respondent has consented to
787 receive documents electronically. The investigatory file and
788 main complaint file must shall be open for inspection by the
789 respondent and the respondent’s counsel at that time, and copies
790 may be obtained at no more than cost.
791 (b) The respondent shall be given at least not less than 14
792 days from the date of mailing of the investigator’s report to
793 file with the commission a written response to the
794 investigator’s report. This time period may be shortened with
795 the consent of the respondent, or without the consent of the
796 respondent when the passage of time could reasonably be expected
797 to render moot the ultimate disposition of the matter by the
798 commission so long as reasonable notice under the circumstances
799 is given.
800 (c) Counsel for the commission shall review the
801 investigator’s report and shall make a written recommendation to
802 the commission for the disposition of the complaint. If the
803 counsel for the commission recommends that the commission find
804 probable cause, the recommendation shall include a statement of
805 what charges shall be at issue. A copy of the recommendation
806 shall be furnished to the respondent. Notice is deemed complete
807 upon mailing of the recommendation to the mailing address on
808 record with the commission or to the e-mail address if the
809 respondent has consented to receive documents electronically.
810 The respondent shall be given at least not less than 14 days
811 from the date of mailing of the recommendation of counsel for
812 the commission to file with the commission a written response to
813 the recommendation. This time period may be shortened with the
814 consent of the respondent, or without the consent of the
815 respondent when the passage of time could reasonably be expected
816 to render moot the ultimate disposition of the matter by the
817 commission, so long as the recommendation is furnished to the
818 respondent within a reasonable period of time under the
819 circumstances.
820 (d) The respondent and each complainant, their counsel, and
821 the counsel for the commission shall be permitted to attend the
822 hearing at which the probable cause determination is made.
823 Notice of the hearing shall be sent to the respondent, each
824 complainant, and counsel for the commission at least 14 days
825 before the hearing. This time period may be shortened with the
826 consent of the respondent, or without the consent of the
827 respondent when the passage of time could reasonably be expected
828 to render moot the ultimate disposition of the matter by the
829 commission, so long as the notice is furnished within a
830 reasonable period of time under the circumstances.
831 (e) The probable cause determination is the conclusion of
832 the preliminary investigation. The respondent and the counsel
833 for the commission shall be permitted to make brief oral
834 statements in the nature of oral argument to the commission,
835 based on the investigator’s report, before the probable cause
836 determination. The commission’s determination shall be based
837 upon the investigator’s report, the recommendation of counsel
838 for the commission, the complaint, and staff recommendations, as
839 well as any written statements submitted by the respondent and
840 any oral statements made at the hearing. No Testimony or other
841 evidence may not will be accepted at the hearing.
842 (f) At its meeting to determine probable cause, the
843 commission may continue its determination to allow further
844 investigation; may order the issuance of a public report of its
845 investigation if it finds no probable cause to believe that
846 there has been a violation of s. 105.071, this chapter, or
847 chapter 104, concluding the matter before it; may order a final,
848 public hearing of the complaint if it finds probable cause to
849 believe that there has been a violation of s. 105.071, this
850 chapter, or chapter 104; or may take such other action as it
851 deems necessary to resolve the complaint, consistent with due
852 process of law. In making its determination, the commission may
853 consider:
854 1. The sufficiency of the evidence against the respondent,
855 as contained in the investigator’s report;
856 2. The admissions and other stipulations of the respondent,
857 if any;
858 3. The nature and circumstances of the respondent’s
859 actions;
860 4. The expense of further proceedings; and
861 5. Such other factors as it deems material to its decision.
862
863 If the commission finds probable cause, the commission shall
864 determine what charges shall be at issue.
865 (g) If no probable cause is found, the commission shall
866 dismiss the case, and the case becomes shall become a matter of
867 public record, except as otherwise provided in this section,
868 together with a written statement of the findings of the
869 preliminary investigation and a summary of the facts which the
870 commission shall send to the complainant and the alleged
871 violator. A finding of no probable cause by the commission is a
872 full adjudication of all such matters. The commission may not
873 charge a respondent in a subsequent complaint alleging
874 violations based upon the same actions, nonactions, or
875 circumstances in which wherein the commission found no probable
876 cause.
877 (h) If probable cause is found, the commission shall so
878 notify the complainant and the alleged violator in writing.
879 Notice is deemed complete upon mailing of the order to the
880 mailing address on record with the commission or to the e-mail
881 address if the respondent has consented to receive documents
882 electronically. All documents made or received in the
883 disposition of the complaint shall become public records upon a
884 finding by the commission.
885 (i)1. Upon a commission finding of probable cause, the
886 counsel for the commission shall attempt to reach a consent
887 agreement with the respondent. At any time, the commission may
888 enter into a consent order with a respondent without requiring
889 the respondent to admit to a violation of law within the
890 jurisdiction of the commission.
891 2. A consent agreement is not binding upon either party
892 unless and until it is signed by the respondent and by counsel
893 for the commission upon approval by the commission.
894 3. Nothing herein shall be construed to prevent the
895 commission from entering into a consent agreement with a
896 respondent before prior to a commission finding of probable
897 cause if a respondent indicates in writing a desire to enter
898 into negotiations directed towards reaching such a consent
899 agreement. Any consent agreement reached under this subparagraph
900 is subject to the provisions of subparagraph 2. and shall have
901 the same force and effect as a consent agreement reached after
902 the commission finding of probable cause.
903 (j) If a consent agreement is reached between the
904 commission and the respondent, counsel for the commission shall
905 send a copy of the signed agreement to both complainant and
906 respondent.
907
908 In a case where probable cause is found, the commission shall
909 make a preliminary determination to consider the matter or to
910 refer the matter to the state attorney for the judicial circuit
911 in which the alleged violation occurred. Notwithstanding any
912 other provisions of this section, the commission may, at its
913 discretion, dismiss any complaint at any stage of disposition if
914 it determines that the public interest would not be served by
915 proceeding further, in which case the commission shall issue a
916 public report stating with particularity its reasons for the
917 dismissal.
918 (5) A person alleged by the Elections commission to have
919 committed a violation of s. 105.071, this chapter, or chapter
920 104 may elect, as a matter of right, within 30 days after the
921 date of the filing of the commission’s allegations, to have a
922 formal administrative hearing conducted by an administrative law
923 judge in the Division of Administrative Hearings. The
924 administrative law judge in such proceedings shall enter a final
925 order, which may include the imposition of civil penalties,
926 subject to appeal as provided in s. 120.68. If the person does
927 not elect to have a hearing by an administrative law judge and
928 does not elect to resolve the complaint by a consent order, the
929 person is entitled to a formal or informal hearing conducted
930 before the commission.
931 (6) Upon determining whether the respondent committed a
932 violation of s. 105.071, this chapter, or chapter 104, the
933 commission shall notify the respondent of its decision. Notice
934 is deemed complete upon mailing of the order to the mailing
935 address on record with the commission or to the respondent’s e
936 mail address if the respondent has consented to receive
937 documents electronically.
938 (7)(6) It is the duty of A state attorney receiving a
939 complaint referred by the commission shall to investigate the
940 complaint promptly and thoroughly; to undertake such criminal or
941 civil actions as are justified by law; and to report to the
942 commission the results of such investigation, the action taken,
943 and the disposition thereof. The failure or refusal of a state
944 attorney to prosecute or to initiate action upon a complaint or
945 a referral by the commission may shall not bar further action by
946 the commission under this chapter.
947 (8)(7) Every sworn complaint filed pursuant to this chapter
948 with the commission, every investigation and investigative
949 report or other paper of the commission with respect to a
950 violation of this chapter or chapter 104, and every proceeding
951 of the commission with respect to a violation of this chapter or
952 chapter 104 is confidential, is exempt from the provisions of
953 ss. 119.07(1) and 286.011, and is exempt from publication in the
954 Florida Administrative Register of any notice or agenda with
955 respect to any proceeding relating to such violation, except
956 under the following circumstances:
957 (a) As provided in subsection (7)(6);
958 (b) Upon a determination of probable cause or no probable
959 cause by the commission; or
960 (c) For proceedings conducted with respect to appeals of
961 fines levied by filing officers for the late filing of reports
962 required by this chapter.
963
964 However, a complainant is not bound by the confidentiality
965 provisions of this section. In addition, confidentiality may be
966 waived in writing by the person against whom the complaint has
967 been filed or the investigation has been initiated. If a finding
968 of probable cause in a case is entered within 30 days before
969 prior to the date of the election with respect to which the
970 alleged violation occurred, such finding and the proceedings and
971 records relating to such case may shall not become public until
972 noon of the day following such election. When two or more
973 persons are being investigated by the commission with respect to
974 an alleged violation of this chapter or chapter 104, the
975 commission may not publicly enter a finding of probable cause or
976 no probable cause in the case until a finding of probable cause
977 or no probable cause for the entire case has been determined.
978 However, once the confidentiality of any case has been breached,
979 the person or persons under investigation have the right to
980 waive the confidentiality of the case, thereby opening up the
981 proceedings and records to the public. Any person who discloses
982 any information or matter made confidential by the provisions of
983 this subsection commits a misdemeanor of the first degree,
984 punishable as provided in s. 775.082 or s. 775.083.
985 (9)(8) A Any person who files a complaint pursuant to this
986 section while knowing that the allegations contained in such
987 complaint are false or without merit commits a misdemeanor of
988 the first degree, punishable as provided in s. 775.082 or s.
989 775.083.
990 (10)(9) The commission shall maintain a database of all
991 final orders and agency actions. Such database shall be
992 available to the public and shall be maintained in such a manner
993 as to be searchable, at a minimum, by issue, statutes,
994 individuals, or entities referenced.
995 Section 14. Section 106.265, Florida Statutes, is amended
996 to read:
997 106.265 Civil penalties.—
998 (1) The commission or, in cases referred to the Division of
999 Administrative Hearings pursuant to s. 106.25(5), the
1000 administrative law judge is authorized upon the finding of a
1001 violation of s. 105.071, this chapter, or chapter 104 to impose
1002 civil penalties in the form of fines not to exceed $1,000 per
1003 count, or, if applicable, to impose a civil penalty as provided
1004 in s. 104.271 or s. 106.19.
1005 (2) In determining the amount of such civil penalties, the
1006 commission or administrative law judge shall consider, among
1007 other mitigating and aggravating circumstances:
1008 (a) The gravity of the act or omission;
1009 (b) Any previous history of similar acts or omissions;
1010 (c) The appropriateness of such penalty to the financial
1011 resources of the person, political committee, affiliated party
1012 committee, electioneering communications organization, or
1013 political party; and
1014 (d) Whether the person, political committee, affiliated
1015 party committee, electioneering communications organization, or
1016 political party has shown good faith in attempting to comply
1017 with the provisions of s. 105.071, this chapter, or chapter 104.
1018 (3) If a any person, political committee, affiliated party
1019 committee, electioneering communications organization, or
1020 political party fails or refuses to pay to the commission any
1021 civil penalties assessed pursuant to the provisions of this
1022 section, the commission shall be responsible for collecting the
1023 civil penalties resulting from such action. Notwithstanding any
1024 provision of chapter 120, any fine imposed under this section
1025 which remains unpaid more than 60 days after the order imposing
1026 the fine has been mailed to the respondent shall be deemed a
1027 judgment for purposes of this section.
1028 (4) Once an order imposing a fine has been deemed a
1029 judgment pursuant to subsection (3), the commission shall
1030 attempt to determine whether the individual owing such a fine is
1031 a current public officer or current public employee. If so, the
1032 commission may notify the Chief Financial Officer or the
1033 governing body of the appropriate county, municipality, or
1034 special district of the total amount of any fine owed to the
1035 commission by such individual.
1036 (a) After receipt and verification of the notice from the
1037 commission, the Chief Financial Officer or the governing body of
1038 the county, municipality, or special district shall begin
1039 withholding the lesser of 10 percent or the maximum amount
1040 allowed under federal law from any salary-related payment, up to
1041 a maximum of $2,000 in the aggregate. The withheld payments
1042 shall be remitted to the commission until the fine is satisfied
1043 or the maximum $2,000 is remitted.
1044 (b) The Chief Financial Officer or the governing body of
1045 the county, municipality, or special district may retain an
1046 amount of each withheld payment, as provided in s. 77.0305, to
1047 cover the administrative costs incurred under this subsection.
1048 (5) If the commission determines that the individual
1049 against whom a judgment has been rendered is not a public
1050 officer or public employee, or it is unable to determine whether
1051 the individual is a current public officer or public employee,
1052 the commission may seek garnishment of the individual’s wages up
1053 to a maximum of $2,000 in the aggregate, pursuant to chapter 77.
1054 (6) If any fine imposed under subsection (3) is not fully
1055 satisfied pursuant to subsection (4) or subsection (5), the
1056 commission may seek enforcement of the order imposing the fine
1057 or the remaining portion thereof in circuit court as provided in
1058 s. 120.69 and may use any means authorized by law to enforce the
1059 judgment. Within 120 days after recordation of the judgment in
1060 circuit court, the commission shall report the unpaid fines, or
1061 any portion thereof, as an accounts receivable to the
1062 appropriate collection agency, as directed by the Chief
1063 Financial Officer, to utilize any collection methods provided by
1064 law.
1065 (7) Action may be taken to collect any unpaid fine imposed
1066 by this section within 20 years after the date the final order
1067 is rendered.
1068 (8)(4) Any civil penalty collected pursuant to the
1069 provisions of this section shall be deposited into the General
1070 Revenue Fund.
1071 (9)(5) Any fine assessed pursuant to this chapter shall be
1072 deposited into the General Revenue Fund.
1073 (10)(6) In any case in which the commission determines that
1074 a person has filed a complaint against another person with a
1075 malicious intent to injure the reputation of the person
1076 complained against by filing the complaint with knowledge that
1077 the complaint contains one or more false allegations or with
1078 reckless disregard for whether the complaint contains false
1079 allegations of fact material to a violation of s. 105.071, this
1080 chapter, or chapter 104, the complainant shall be liable for
1081 costs and reasonable attorney attorney’s fees incurred in the
1082 defense of the person complained against, including the costs
1083 and reasonable attorney attorney’s fees incurred in proving
1084 entitlement to and the amount of costs and fees. If the
1085 complainant fails to pay such costs and fees voluntarily within
1086 30 days following such finding by the commission, the commission
1087 shall forward such information to the Department of Legal
1088 Affairs, which shall bring a civil action in a court of
1089 competent jurisdiction to recover the amount of such costs and
1090 fees awarded by the commission.
1091 Section 15. This act shall take effect upon becoming a law.