The Commission proposes the development of rule amendments to include Chapter 106, F.S., in its definitions.

 

DEPARTMENT OF LEGAL AFFAIRS
Florida Elections Commission

RULE NO: RULE TITLE
2B-1.002: Definitions
PURPOSE AND EFFECT: The Commission proposes the development of rule amendments to include Chapter 106, F.S., in its definitions.
SUBJECT AREA TO BE ADDRESSED: The inclusion of Chapter 106, F.S., in the definitions rule.
SPECIFIC AUTHORITY: 106.26 FS.
LAW IMPLEMENTED: 106.25(3) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Linthicum, Executive Director, Florida Elections Commission, PL-01, The Capitol, Tallahassee, Florida 32399-1050

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

2B-1.002 Definitions.

For purposes of imposing a civil penalty for violating Chapter 104 or 106, F.S., the following definitions shall apply:

(1) A person acts “willful” or “willfully” when he or she knew that, or showed reckless disregard for whether his or her conduct was prohibited or required by Chapter 104 or 106, F.S.

(2) “Knew” means that the person was aware of a provision of Chapter 104 or 106, F.S., understood the meaning of the provision, and then performed an act prohibited by the provision or failed to perform an act required by the provision.

(3) “Reckless disregard” means that the person disregarded the requirements of Chapter 104 or 106, F.S., or was plainly indifferent to its requirements, by failing to make any reasonable effort to determine whether his or her acts were prohibited by Chapter 104 or 106, F.S., or whether he or she failed to perform an act required by Chapter 104 or 106, F.S.

Specific Authority 106.26 FS. Law Implemented 106.25(3) FS. History–New 9-11-06, Amended__________.