To implement Ch 2010-167, § 21, Laws of Florida, which mandated that the Division of Elections adopt rules to prescribe the manner in which electioneering communications may be dissolved and have their registrations canceled. The proposed rule ...

 

DEPARTMENT OF STATE
Division of Elections

Rule No.: RULE TITLE
1S-2.021: Revocation of Registration of Political Committees

PURPOSE AND EFFECT: To implement Ch 2010-167, § 21, Laws of Florida, which mandated that the Division of Elections adopt rules to prescribe the manner in which electioneering communications may be dissolved and have their registrations canceled. The proposed rule changes the title and text of the rule to include electioneering communications.

SUMMARY: The rule provides the conditions under which an electioneering communications organization’s registration can be revoked and the appellate rights to which the organization is entitled. These procedures are similar to the existing ones in the rule for political committees.

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), 97.012(1), 106.03(7), 106.22(9) FS.
LAW IMPLEMENTED: 106.03 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: August 3, 2010, 2:30 p.m.

PLACE: Room 307, R. A. Gray Building, Department of State, 500 S. Bronough Street, Tallahassee, Florida

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: Eddie Phillips, Executive Assistant, Department of State, Office of General Counsel, phone: [phone] or email: [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: Gary J. Holland, Department of State, Office of General Counsel, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250, [phone]; email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) The filing officer shall revoke the registration of a political committee (hereinafter committee) or an electioneering communications organization (hereinafter organization) when:

(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 the campaign treasurer pursuant to Section 106.021(2), F.S.;

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

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

(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;. or

(f) The organization’s aggregate reported financial activity during the calendar year is $5000 or less.

(2) The filing officer shall send notification to the committee’s or organization’s chairperson of the intent to revoke the committee’s registration to the most recent address on file with the filing officer for the chairperson. If the notification is returned undeliverable, the filing officer shall send the notification to the committee’s or organization’s registered agent at the most recent address on file with the filing officer. Within 30 days of the date of the filing officer’s mailing of the preliminary notice of intent to revoke, the committee or organization may provide additional documentation to the filing officer showing that the committee’s or organization’s registration should not be revoked. Upon review of such documentation, if the filing officer determines that the committee’s registration should not be revoked, the committee or organization will be notified that it is in compliance. If after review of the additional documentation provided, the filing officer determines that the committee’s registration should be revoked, a final notice of intent to revoke shall be mailed by the filing officer to the most recent address on file with the filing officer. If no additional documentation is provided by the committee or organization within 30 days of the date of the filing officer’s mailing of the preliminary notice, the filing officer shall mail a final notice of intent to revoke to the most recent address on file with the filing officer.

(3) If the committee or organization objects to such revocation, it must file an appeal within 30 days of the date of the filing officer’s mailing of the final notice of intent to revoke. 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.

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

(5) A committee or organization desiring a hearing before the commission must include in the appeal a separate request for hearing.

(6) 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kristi Bronson, Chief, Bureau of Election Records, Division of Elections

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Donald L. Palmer, Director, Division of Elections

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 28, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 11, 2010