The proposed rule amendment will update the text to include complaints regarding misleading advertisements using AI.

 

DEPARTMENT OF LEGAL AFFAIRS

Florida Elections Commission

RULE NO.:RULE TITLE:

2B-1.0041Expedited Hearings

PURPOSE AND EFFECT: The proposed rule amendment will update the text to include complaints regarding misleading advertisements using AI.

SUMMARY: Changes to the rule regarding misleading advertisements using AI.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Commission 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: 104.2715(3) FS.

LAW IMPLEMENTED: 104.2715 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: Tim Vaccaro, Executive Director, Florida Elections Commission, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2B-1.0041 Expedited Hearings.

The procedure for the investigation and hearing, if necessary, of a sworn complaint alleging a violation of section 104.271(2), or 104.2715, or 106.145, F.S., will be as described in Rule 2B-1.004, F.A.C., and sections 106.24, 106.25, 106.26, F.S., except that the following time restrictions shall be adhered:

(1) The executive director shall make a determination as to legal sufficiency of the complaint, and the legal sufficiency or legal insufficiency letter shall be sent by certified mail no later than 5 days after the expiration of the time allotted for the respondent to provide a written response to the complaint.

(a) If the complaint also alleges a violation of any section of law other than section 104.271(2), or 104.2715, or 106.145, F.S., the executive director shall cause the complaint to be separated into two complaints, one of which shall contain all allegations made under sections 104.271(2), and 104.2715, and 106.145, F.S., and one of which shall contain all other allegations made by the complaint.

(b) A new case number shall be assigned to the complaint containing all allegations other than those made under sections 104.271(2), and 104.2715, and 106.145, F.S., and the procedures and time restrictions of subsections (2) through (4), of this rule, shall not apply to the investigation and hearing, if necessary, of such complaint.

(2) through (5) No change.

Rulemaking Authority 104.271(2), 104.2715(3), 106.145(4)(b) FS. Law Implemented 104.271, 104.2715, 106.145 FS.  History‒New 1-8-14, Amended 8-22-17,  _____.

 

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: May 14, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 4, 2024