The purpose and effect of this rule is to reflect recent amendments to Florida Statutes (Ch. 2013-37) that have changed the reporting schedule for campaign finance reports. Further, the rule will clarify the dates for submission of documentation for,...  

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    DEPARTMENT OF STATE

    Division of Elections

    RULE NO.:RULE TITLE:

    1S-2.047State Campaign Matching Funds Program

    PURPOSE AND EFFECT: The purpose and effect of this rule is to reflect recent amendments to Florida Statutes (Ch. 2013-37) that have changed the reporting schedule for campaign finance reports. Further, the rule will clarify the dates for submission of documentation for, and receipt of, matching funds.

    SUMMARY: This rule will update the schedule for the state campaign matching funds program.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 20.10(3), 106.33, 106.35(1) (5) FS.

    LAW IMPLEMENTED: 106.30-.36 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME: January 9, 2014, 11:00 a.m.

    PLACE: Room 307, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Diane Wint at (850)245-6536 or diane.wint@dos.myflorida.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashley Davis at (850)245-6536 or ashley.davis@dos.myflorida.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    1S-2.047 State Campaign Matching Funds Program.

    (1) Form of Request. A candidate for the office of Governor or member of the Cabinet who desires to receive state matching funds shall complete Form DS-DE 98, “Candidate for Governor or Cabinet Officer Request for Contributions” (eff. 03/09), and submit it to the Division of Elections (Division) no later than the date the candidate qualifies for office.

    (2) Distribution of Funds.

    (a) State matching funds shall be distributed to eligible candidates beginning on the 32nd day prior to the primary election and every 7 days thereafter. Distributions are The first distribution will be based on verified matching contributions as shown on campaign finance quarterly reports, required to be filed by Section 106.07(1)(a), F.S., listing the contributions received filed after September 1 of the calendar year prior to the election.

    (b) Funds shall be distributed as follows:

    1. The first distribution of funds is based on campaign finance reports required to be filed on or before the 60th day before the primary election.

    2. The second distribution of funds is based on campaign finance reports required to be filed after the 60th day but no later than the 32nd day prior to the primary election.

    3. Each subsequent distribution of funds will be based on the prior week’s timely filed report or reports.

    4. Distribution of funds based on untimely documentation or reports, amended reports, or supplemental documentation will be distributed no later than the weekly cycle occurring three weeks after receipt of such documentation or report.

    Thereafter, distribution of funds will be based on reports as provided by Section 106.07(1)(b), F.S. Each distribution of funds will be based on the prior week’s report as verified by the Division, if timely received; otherwise, the distribution will be made in the next applicable weekly cycle. The Division shall verify matching contributions contained in the reports with documentation provided by the candidate as set forth in subsection (4) of this rule.

    (3) Filing of Reports.

    (a) A report of contributions filed by candidates requesting matching funds must be filed with the Division electronically as provided in Section 106.0705, F.S., and Rule 1S-2.017, F.A.C., except such report is timely for purposes of matching funds only if it is filed received by a candidate who is eligible to receive state matching funds is timely if it is filed using the Division’s electronic filing system no later than 12:00 Noon (Eastern Time), on the date it is due.

    (b) If a report is filed after 12:00 Noon (Eastern Time), on the due date, the report will be deemed late for matching fund purposes and any eligible matching funds will be distributed as provided in subparagraph (2)(b)4. of this rule in the next reporting cycle.

    (c)(b) Reports of contributions filed by candidates requesting matching funds must include all information required by this rule and Sections 106.07 and 106.30-.36, F.S. If information related to a matchable contribution is missing, incomplete, or cannot be verified, no match will be made for that contribution and the Division will notify the candidate will be notified by the Division. Upon the Division’s receipt and verification of the missing or incomplete information However, upon supplying such missing or incomplete information and upon verification by the Division, matching funds will be distributed as provided in subparagraph (2)(b)4. of this rule in the next reporting cycle.

    (d)(c) If a candidate requesting matching funds submits a contribution report and subsequently amends such report, any adjustment, up or down, to the candidate’s distribution of funds will be made as provided in subparagraph (2)(b)4. of this rule on the next weekly cycle occurring after receipt and review of the amended report. All amendments to reports must be submitted electronically to the Division.

    (4) Documentation.

    (a)1. Documentation for each contribution report must satisfy the requirements of this rule to permit verification of the applicable contribution on the campaign finance report for which matching funds are requested.

    2. Documentation for each contribution report is timely if it is must be received by the Division no later than 12:00 Noon (Eastern Time), on the date the report is due.

    3. If documentation for such report is received by the Division after 12:00 Noon (Eastern Time), on the due date, the documentation will be deemed late for matching fund purposes and any eligible matching funds will be distributed as provided in subparagraph (2)(b)4. of this rule in the next reporting cycle.

    4. Documentation for the first distribution must be received by the Division on or before the 60th day prior to the primary election.

    5. Documentation for the second distribution must be received by the Division on or before the 32nd day prior to the primary election.

    6. Documentation for subsequent distributions must be received weekly by the Division each Friday.

    7. If documentation for a report is untimely, any eligible matching funds will be distributed as provided in subparagraph (2)(b)4. of this rule.

    (b) Documentation may be submitted in paper or electronic format.

    1. Regardless of the format, documentation must be submitted in the corresponding sequence order as recorded on the filed contribution report beginning with the smallest sequence number.

    2. Paper documentation must be submitted on 8 1/2 by 11 paper. The top, right portion of each page must include the candidate’s last name, candidate identification number, the report name, and the contribution sequence number or numbers to which the documentation pertains. Information may be submitted in portrait or landscape format; however, all pages within the documentation submission must be in the same format.

    3. Electronic submission of documentation must be done via a separate file for each corresponding filed contribution report. The filename for the electronic submission must contain the candidate’s last name followed by the type of report (e.g., JonesF1, SmithG2, etc.), unless the candidate had previously requested and the Division had specifically exempted the candidate from the file name requirement because of character limitations in the filename. The documentation must clearly identify the contribution sequence number or numbers to which the image pertains. All electronic documents within the file must be submitted in a horizontal format, readable from left to right, so that the Division can read the document on a computer screen without having to rotate any image.

    (c) In order to verify contributions, the Division must receive the following documentation:

    1. For a contribution made by check or cashier’s check, a copy of the check or cashier’s check;

    2. For a contribution made by credit or debit card, a copy of the credit or debit card receipt;

    3. For an in-kind contribution, a written statement signed by the contributor that includes the date the contribution was made, a description of the contribution and the fair market value of the contribution; and

    4. For a cash contribution, a copy of the bank deposit slip.

    (d) Documentation that does not conform to the specifications in this paragraph will not be processed and the Division will notify the candidate will be notified by the Division. Upon the Division’s receipt and verification of supplying documentation that is in compliance with these specifications and verification by the Division, matching funds will be distributed as provided in subparagraph (2)(b)4. of this rule in the next reporting cycle.

    (5) Appeal. An adverse decision regarding the distribution of matching funds may be appealed to the Florida Elections Commission, pursuant to Rule 2B-1.006, F.A.C.

    (6) Voluntary Expenditure Limits. Candidates not participating in public campaign finance who wish to voluntarily abide by the expenditure limits of Section 106.34, F.S., and the contribution limits on personal and party funds set forth in Section 106.33, F.S., shall file an irrevocable statement to this effect on Form DS-DE 90, “Irrevocable Statement to Voluntarily Abide by the Expenditure and Contribution Limits on Personal and Party Funds” (eff. 03/09), upon qualifying for office.

    (7) Forms Incorporated by Reference. All forms contained in this rule are incorporated by reference and are available from the Division of Elections, Room 316, R. A. Gray Building, Tallahassee, Florida 32399-0250, from the Division’s website at: http://election.dos.state.fl.us, or by calling (850)245-6240.

    Rulemaking Authority 20.10(3), 106.33, 106.35(1), (5) FS. Law Implemented 106.30-.36 FS. History–New 4-15-09, Amended, __________.

     

    Editorial Note: This rule originated from former1S-2.017(2) and (3), Dated 6-2-05.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Ashley Davis

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Maria Matthews, Director, Division of Elections

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 21, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2013

Document Information

Comments Open:
12/2/2013
Summary:
This rule will update the schedule for the state campaign matching funds program.
Purpose:
The purpose and effect of this rule is to reflect recent amendments to Florida Statutes (Ch. 2013-37) that have changed the reporting schedule for campaign finance reports. Further, the rule will clarify the dates for submission of documentation for, and receipt of, matching funds.
Rulemaking Authority:
20.10(3), 106.33, 106.35(1), (5) F.S.
Law:
106.30-.36 F.S.
Contact:
Ashley Davis at (850)245-6536 or ashley.davis@dos.myflorida.com
Related Rules: (1)
1S-2.047. State Campaign Matching Funds Program