Providing exception to financial threshold. Clarifying procedure.

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.050Cancellation of Political Party Filings

PURPOSE AND EFFECT: Providing exception to financial threshold. Clarifying procedure.

SUMMARY: Providing exception to financial threshold for the calendar year in which the party was organized. Clarifying notice procedure.

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), 103.095(5) FS.

LAW IMPLEMENTED: 103.091, 103.095, 103.121, 106.29 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:

DATE AND TIME: January 30, 2015, 11:00 a.m.

PLACE: Room 307, 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 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 at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.050 Cancellation of Political Party Filings.

(1) Definitions. Except where the context clearly indicates otherwise in this rule, the term “party” means any political party, to include a minor political party.

(a) “Division” means the Division of Elections.

(b) “Most recent address on file” means, as applicable, the last address provided to the filing officer for the party’s chairperson or other officer as contained in any written filing or statement of change to a filing.

(c) “Party” means, except where the context clearly indicates otherwise in this rule, any political party, to include a minor political party.

(2) Cancellation. The division may cancel the filings by a party, to include its registration and approved status as a party, when:

(a) The party fails to have any voters registered as party members;

(b) The party fails to file campaign finance reports for more than 6 months;

(c) The party fails to comply with the annual public audit requirements of Section 103.121(2), F.S.;

(d) The party’s aggregate reported contributions and expenditures reported pursuant to Chapter 106, F.S., financial activity during the calendar year, other than the calendar year in which the party was organized, are is $500 or less;

(e) The party fails to maintain a public website;

(f) The minor political party fails to file with the division the name and address of any replacement officer within 5 days after the death, resignation or removal of a party’s officer;

(g) The minor political party fails to file with the division changes to its filing certificate within 5 days after such change; or

(h) The minor political party fails to adopt and file with the division the governing documents containing the provisions specified in Section 103.095(2), F.S.

(3)(a) Initial notice Notification of intent to cancel. The division shall send notice notification to the party’s chairperson of the intent to cancel the party’s filings or registration to the most recent address on file with the division for the chairperson. If the notice notification is returned undeliverable, the division shall send the notice notification to another officer of the party at the most recent address on file with the division. Within 30 days of the date of the division’s mailing of the initial preliminary notice of intent to cancel to the chairperson, the party may provide additional documentation to the division showing why the party’s filings or registration should not be canceled.

(b) Final notice of cancelation.  After receiving the Upon review of such documentation under subsection (a) or after the 30-day deadline to provide additional information, whichever occurs first, if the division will determines if that the filings or registration should still not be canceled, and will notify the party of its decision will be notified that it is in compliance. If after review of the additional documentation provided, the division determines that the filings or registration should be canceled, it shall mail a final notice of cancelation including notice of right to appeal intent to cancel shall be mailed by the division to the most recent address for the party or a party officer on file with the division. If no additional documentation is provided by the party within 30 days of the date of the division’s mailing of the preliminary notice, the division shall mail a final notice of intent to cancel to the most recent address on file with the division.

(4) Appeal of cancelation. If the party objects to such final notice of cancelation, it must file an appeal within 30 days of the date of the division’s mailing of the final notice of cancelation intent to cancel. The appeal may be accompanied by any documentation or evidence supporting the claim. The appeal must be filed with the division. The division will forward the appeal to the Florida Elections Commission.

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

(6) Hearing request. A party desiring a hearing before the commission must include in the appeal a separate request for hearing.

(7) Appeal not confidential. Appeals under this rule are exempt from the confidentiality provisions of Section 106.25, F.S.

Rulemaking Authority 20.10(3), 97.012(1), 103.095(5) FS. Law Implemented 103.091, 103.095, 103.121, 106.29 FS. History–New 9-7-11, Amended ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria Matthews

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 2, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November, 26, 2014