Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7068
       
       
        
       FOR CONSIDERATION By the Committee on Ethics and Elections
       
       
       
       
       
       582-00939C-14                                         20147068__
    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         101.6931Delivery 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.