The Commission proposes the rule amendment to delete unnecessary language and to add new language to clarify minor violations and penalties.

 

DEPARTMENT OF LEGAL AFFAIRS

Florida Elections Commission

RULE NO.:RULE TITLE:

2B-1.003Minor Violations

PURPOSE AND EFFECT: The Commission proposes the rule amendment to delete unnecessary language and to add new language to clarify minor violations and penalties.

SUMMARY: The rule amendment will delete unnecessary language and to add new language to clarify minor violations and penalties.

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: During discussion of the economic impact of this rule at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 106.26(12) FS.

LAW IMPLEMENTED: 106.26(12) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amy McKeever Toman, Executive Director, Florida Elections Commission, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 33299-1050

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2B-1.003 Minor Violations.

(1) The Commission shall consider a violation of Chapter 106, F.S., a minor violation under the following circumstances:

(a) No change.

(b) The complaint alleging the violation contains no legally sufficient violation(s) other than one or more of the violations those identified in this rule;

(c) The respondent against whom the complaint was filed is and has not been the subject of any other legally sufficient complaint alleging a violation of Chapter 104, 105 or 106, Florida Statutes prior to the occurrence of  the conduct described in the complaint; The respondent against whom the complaint was filed has not been notified of an allegation of the same violation before the conduct about which the complaint was filed; 

(d) The respondent against whom the complaint was filed is not a political party;

(e)(d) No change.

(f)(e) No change.

(2) The following violations are minor violations so long as the requirements of subsection (1) of this rule have been met:

(a) through (e) No change.

(f) Section 106.143(1)(c)(b), F.S., failure of a person making an expenditure for a political advertisement to mark prominently the political advertisement as a “pd. pol. adv.” or a “paid political advertisement” and to identify the sponsor. A fine of $200 shall be imposed for each violation.

(g) Section 106.143(3)(2), F.S., failure of a candidate running for a partisan office to mark his or her political advertisement with his or her political party affiliation or to indicate that he or she is running with no party affiliation. A fine of $200 shall be imposed for each violation.

(h) Section 106.143(3), F.S., prohibiting a candidate or any person on behalf of a candidate from representing in a political advertisement that a person or an organization supports the candidate before obtaining the written approval of that person or organization. A fine of $200 shall be imposed for each violation. stating a candidate’s political party affiliation in a political advertisement in a nonpartisan race, or any other campaigning by a candidate running for nonpartisan office based on party affiliation. A fine of $200 shall be imposed for each violation.

(i) Section 106.143(4)(a), F.S., failure of a person offering a political advertisement on behalf of a candidate to obtain approval from the candidate before circulating the advertisement. A fine of $200 shall be imposed for each violation.

(i)(j) Section 106.143(5)(4)(a), F.S., failure of a candidate or a person on behalf of a candidate to state on the candidate’s political advertisement that the content of the advertisement was approved by the candidate and to identify the person who paid for the advertisement. A fine of $250 shall be imposed for each violation.

(j)(k) Section 106.143(5)(4)(a), F.S., failure of a candidate to provide the news media with a written statement authorizing the content of each political advertisement submitted to the media for distribution. A fine of $250 shall be imposed for each violation.

(k)(l) Section 106.143(5)(4)(b), F.S., failure of a person making an independent expenditure for a political advertisement submitted to the news media for distribution to provide the media with a written statement that no candidate approved the advertisement. A fine of $200 shall be imposed for each violation.

(l) (m) Section 106.143(5)(4)(b), F.S., failure of a person making an independent expenditure for a political advertisement submitted to the news media for distribution to state on the advertisement that no candidate approved the advertisement. A fine of $200 shall be imposed for each violation.

(n) Section 106.143(5), F.S., prohibiting a candidate who is not the incumbent from using the word “re-elect” in his or her political advertisement. A fine of $200 shall be imposed for each violation.

(m)(o) Section 106.143(6)(5), F.S., failure of a candidate who is not the incumbent from including the word “for” in his or her political advertisement between his or her name and the office for which he or she is running. A fine of $100 shall be imposed for each violation.

(n)(p) No change.

(o)(q) Section 106.1437, F.S., failure of a person sponsoring an advertisement, other than a political advertisement, independent expenditure, or electioneering communication,  intended to influence public policy or the vote of a public official to include a clearly readable statement of sponsorship. A fine of $200 shall be imposed for each violation.

(p)(r) No change.

(q)(s) No change.

(3) through (4) No change.

Rulemaking Authority 106.26(12) FS. Law Implemented 106.26(12) FS. History–New 1-11-99, Amended 2-14-00, 1-2-02, 4-24-05,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Elections Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Elections Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2014