The proposed rule implements the requirements of the Florida Election Campaign Financing Act found within Sections 106.30-.36, F.S. The rule was formerly contained in Rule 1S-2.017, F.A.C., but is being removed from that rule as not being completely ...

DEPARTMENT OF STATE
Division of Elections

RULE NO: RULE TITLE
1S-2.047: State Campaign Matching Funds Program
PURPOSE AND EFFECT: The proposed rule implements the requirements of the Florida Election Campaign Financing Act found within Sections 106.30-.36, F.S. The rule was formerly contained in Rule 1S-2.017, F.A.C., but is being removed from that rule as not being completely relevant to the electronic filing of campaign finance treasurers’ reports. The proposed rule incorporates up-to-date procedures and forms to be used by the Division of Elections and by candidates eligible for state campaign matching funds.
SUMMARY: The proposed rule describes how eligible candidates request state campaign matching funds, when the distribution of those funds occur, the reports required to be filed and their deadlines, the required supporting documentation, and how appeals of adverse decisions are to be made. It further contains procedures for candidates who desire to voluntarily abide by campaign expenditure limits but who do not participate in the matching funds program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC 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:
DATE AND TIME: Monday, March 9, 2009, 2:00 p.m.
PLACE: Room 307, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 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 5 days before the workshop/meeting by contacting: Kristi R. Bronson, Director, Bureau of Election Records, Division of Elections, Department of State, 500 S. Bronough Street, Room 316, Tallahassee, Florida 32399-0250; telephone: [phone]. 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: Kristi R. Bronson, Director, Bureau of Election Records, Division of Elections, Department of State, 500 S. Bronough Street, Room 316, Tallahassee, Florida 32399-0250; telephone: [phone]

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.      ), and submit it to the Division of Elections (Division) no later than the date the candidate qualifies for office.

(2) Distribution of Funds. State matching funds shall be distributed to eligible candidates beginning on the 32nd day prior to the primary and every 7 days thereafter. The first distribution will be based on verified matching contributions as shown on quarterly reports, filed after September 1 of the calendar year prior to the election. 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 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. 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 in the next reporting cycle.

(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 candidate will be notified by the Division. However, upon supplying such missing or incomplete information and upon verification by the Division, matching funds will be distributed in the next reporting cycle.

(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 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) Documentation for each contribution report must be received by the Division no later than 12:00 noon, Eastern Time, on the date the report is due. 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 in the next reporting cycle.

(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 contributions, 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 candidate will be notified by the Division. Upon supplying documentation that is in compliance with these specifications and verification by the Division, matching funds will be distributed 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.        ), 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 [phone].

Specific Authority 20.10(3), 106.33, 106.35(1), (5) FS. Law Implemented 106.30-.36 FS. History–New_________.

 

Editorial Note: This rule originated from former 1S-2.017(2) and (3), dated 6-2-05.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristi R. Bronson, Director, Bureau of Election Records, Division of Elections, Department of State
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning, Secretary of State
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 2, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 9, 2009