Bill Text: FL S1618 | 2011 | Regular Session | Comm Sub
Bill Title: Elections
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1618 Detail]
Download: Florida-2011-S1618-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 1618 By the Committees on Judiciary; and Rules Subcommittee on Ethics and Elections; and Senator Diaz de la Portilla 590-04395-11 20111618c2 1 A bill to be entitled 2 An act relating to elections; amending s. 106.25, 3 F.S.; allowing a respondent who is alleged by the 4 Elections Commission to have violated the election 5 code or campaign financing laws to elect as a matter 6 of right a formal hearing before the Division of 7 Administrative Hearings; authorizing an administrative 8 law judge to assess civil penalties upon the finding 9 of a violation; amending s. 106.265, F.S.; authorizing 10 an administrative law judge to assess civil penalties 11 upon a finding of a violation of the election code or 12 campaign financing laws; providing for civil penalties 13 to be assessed against an electioneering 14 communications organization; removing reference to the 15 expired Election Campaign Financing Trust Fund; 16 directing that moneys from penalties and fines be 17 deposited into the General Revenue Fund; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (5) of section 106.25, Florida 23 Statutes, is amended to read: 24 106.25 Reports of alleged violations to Florida Elections 25 Commission; disposition of findings.— 26 (5)UnlessA person alleged by the Elections Commission to 27 have committed a violation of this chapter or chapter 104 may 28 elect, as a matter of rightelects, within 30 days after the 29 date of the filing of the commission’s allegations, to have a 30 formal administrative hearing conducted by an administrative law 31 judge in the Division of Administrative Hearings. The 32 administrative law judge in such proceedings shall enter a final 33 order, which may include the imposition of civil penalties, and 34 thea formal or informal hearing conducted before the35commission, or elects to resolve the complaint by consent order,36such person shall be entitled to a formal administrative hearing37conducted by an administrative law judge in the division of38administrative hearings. The administrative law judge in such39proceedings shall enter afinal order is subject to appeal as 40 provided in s. 120.68. If the person does not elect to have a 41 hearing by an administrative law judge and does not elect to 42 resolve the complaint by consent order, the person is entitled 43 to a formal or informal hearing conducted before the commission. 44 Section 2. Subsections (1) through (4) of section 106.265, 45 Florida Statutes, are amended and renumbered, and present 46 subsection (5) of that section is renumbered as subsection (6), 47 to read: 48 106.265 Civil penalties.— 49 (1) The commission or, in cases referred to the Division of 50 Administrative Hearings pursuant to s. 106.25(5), the 51 administrative law judge is authorized upon the finding of a 52 violation of this chapter or chapter 104 to impose civil 53 penalties in the form of fines not to exceed $1,000 per count, 54 or, if applicable, to impose a civil penalty as provided in s. 55 104.271 or s. 106.19. 56 (2) In determining the amount of such civil penalties, the 57 commission or administrative law judge shall consider, among 58 other mitigating and aggravating circumstances: 59 (a) The gravity of the act or omission; 60 (b) Any previous history of similar acts or omissions; 61 (c) The appropriateness of such penalty to the financial 62 resources of the person, political committee, committee of 63 continuous existence, electioneering communications 64 organization, or political party; and 65 (d) Whether the person, political committee, committee of 66 continuous existence, electioneering communications 67 organization, or political party has shown good faith in 68 attempting to comply with the provisions of this chapter or 69 chapter 104. 70 (3)(2)If any person, political committee, committee of 71 continuous existence, electioneering communications 72 organization, or political party fails or refuses to pay to the 73 commission any civil penalties assessed pursuant to the 74 provisions of this section, the commission shall be responsible 75 for collecting the civil penalties resulting from such action. 76 (4)(3)Any civil penalty collected pursuant to the 77 provisions of this section shall be deposited into the General 78 Revenue FundElection Campaign Financing Trust Fund. 79 (5)(4)Notwithstanding any other provisions of this80chapter,Any fine assessed pursuant tothe provisions ofthis 81 chapter shall, which fine is designated to be deposited or which82would otherwisebe deposited into the General Revenue Fundof83the state, shall be deposited into the Election Campaign84Financing Trust Fund. 85 Section 3. This act shall take effect upon becoming a law.