Provides an exception to revocation for electioneering communications organizations (ECOs) with limited financial activity in odd-numbered years and clarifies when a revocation decision can be made.

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.021Revocation of Registration of Political Committees and Electioneering Communications Organizations

PURPOSE AND EFFECT: Provides an exception to revocation for electioneering communications organizations (ECOs) with limited financial activity in odd-numbered years and clarifies when a revocation decision can be made.

SUMMARY: Allows ECOs to have less than the threshold financial activity in a non-election year without being revoked and makes other clarifications.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rule will not require legislative ratification pursuant to Section 120.541(3), F.S., because the rule applies only to election-related activities. Based upon past experiences with rules of this nature, this rule will not have an adverse effect on businesses or private-sector economic growth, job-creation, employment or investment; it is not likely to have an adverse impact on business competitiveness nor innovation in excess of the statutory threshold; nor will it increase regulatory costs in excess of the threshold mandating legislative ratification. No other statute requires legislative ratification for this rule.

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), 97.012(1), 106.03(7), 106.22(9) FS.

LAW IMPLEMENTED: 106.03(7) 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: April 17, 2014, 1:15 p.m.

PLACE: Room 307, Department of State, R.A. Gray Building, 500 South 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 2 days before the workshop/meeting by contacting: Diane Wint, Executive Assistant at [phone] or [e-mail]. 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 E. Davis, Assistant General Counsel at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.021 Revocation of Registration of Political Committees and Electioneering Communications Organizations.

(1) Definition: “Most recent address on file” means, as applicable, the last address provided in a written statement of change to the filing officer for the registered agent pursuant to Section 106.022, F.S., or the last address provided to the filing officer for the committee’s chairperson or organization’s top-ranking official as contained in the statement of organization or in any written statement of change to the statement of organization made pursuant to Section 106.03, F.S.

(2) Conduct warranting revocation. The filing officer shall revoke the registration of a political committee (hereinafter committee) or an electioneering communications organization (hereinafter organization) for one or more of the following reasons:

(a) The committee or organization fails to maintain a registered office and a registered agent as required by Section 106.022, F.S.;

(b) The committee or organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its treasurer;

(c) The committee fails to file the appointment of a successor within 10 days after the death, resignation or removal of its chairperson;

(d) The committee or organization fails to file treasurers’ reports for more than 6 months;

(e) The committee’s aggregate reported financial activity during the calendar year is less than $500 unless the committee is only registered and required to report as the sponsor of a proposed constitutional amendment by initiative who intended to seek the signatures of registered voters;

(f) The organization’s aggregrate reported financial activity during the calendar year of an even-numbered year is $5000 or less;

(g) The organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its top-ranking principal officer; or

(h) The committee or organization has an unpaid fine or civil penalty imposed under Chapter 106, F.S., which has become final, meaning all appeals regarding the imposition of the fine or civil penalty have been exhausted or the time for such appeals has passed.

(3) Revocation procedures.

(a) The filing officer shall notify the committee’s chairperson or organization’s top-ranking principal officer and its registered agent of the intent to revoke the registration and the facts and conduct which warrant the intended revocation to the most recent address on file for both the chairperson or top-ranking principal officer, as applicable and registered agent. The committee or organization has 30 days from the date of the initial notice to provide additional documentation to the filing officer showing that the committee’s or organization’s registration should not be revoked.

(b) After receiving the documentation under subsection (a) from the committee or organization or after the 30-day deadline to provide additional information, whichever occurs first, the filing officer shall review all information and determine whether the registration should be revoked.

1. If the filing officer determines that the registration should not be revoked, then the filing officer shall send notification to the most recent address on file for the committee’s chairperson or organization’s top-ranking principal officer, as applicable, and registered agent.

2. If the filing officer determines that the registration should be revoked, then the filing officer shall send a final notice of intent to revoke to the most recent address on file for the committee’s chairperson or organization’s top-ranking principal officer, as applicable, and registered agent.

(c) If the initial notice of intent to revoke is returned as undeliverable from both the committee’s chairperson or organization’s top-ranking principal officer and its registered agent, as applicable, and the committee or organization has not provided an updated address to the filing officer after the filing officer sent the initial notice, then the filing officer may revoke the registration of the committee or organization, as applicable. The final order of revocation shall be sent to the registered agent’s most recent address on file, notwithstanding that the final order of revocation may again be returned as undeliverable. If the committee or organization provided an updated address to the filing officer after the filing officer sent the initial notice which was returned undeliverable, then the filing officer will provide an initial notice of the intent to revoke to the most recent address on file; thereafter, the filing officer shall follow the procedures in this rule.

(4) Appeals.

(a) A committee or organization may appeal a final notice of intent to revoke within 30 days of the date of such final notice. The appeal may be accompanied by any documentation or evidence supporting the claim. The appeal must be filed with the filing officer. The filing officer will forward the appeal to the Florida Elections Commission.

(b) Failure to timely file an appeal as described herein shall constitute a waiver of any such entitlement.

(c) A committee or organization desiring a hearing before the Florida Elections Commission must include in the appeal a separate request for hearing.

(d) Appeals under this rule are exempt from the confidentiality provisions of Section 106.25, F.S.

Rulemaking Authority 20.10(3), 97.012(1), 106.03(7), 106.22(9) FS. Law Implemented 106.03 FS. History–New 2-28-90, Amended 10-29-03, 11-15-09, 9-27-10, 10-30-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ashley E. Davis

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Maria Matthews

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 24, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 27, 2014