1S-2.050: Cancellation of Political Party Filings
PURPOSE AND EFFECT: To implement Chapter 2011-40, s. 46, Laws of Florida, which requires the Division of Elections to adopt rules to prescribe the manner in which political parties, to include minor political parties, may have their filings with the Department of State canceled.
SUMMARY: Provides the basis and procedures for the cancellation of political party filings with the Department of State.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.
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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: August 8, 2011, 11:30 a.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, Office of General Counsel, Department of State, telephone: (850)245-6536, email: elphillips@dos.state.fl.us. 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, Assistant General Counsel, Florida Department of State at (850)245-6536, email: gjholland@dos.state.fl.us
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. “Division” means the Division of Elections.
(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 financial activity during the calendar year 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) Notification of intent to cancel. The division shall send notification to the party’s chairperson of the intent to cancel the party’s filing or registration to the most recent address on file with the division for the chairperson. If the notification is returned undeliverable, the division shall send the 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 preliminary notice of intent to cancel, the party may provide additional documentation to the division showing why the party’s filing or registration should not be canceled. Upon review of such documentation, if the division determines that the filing or registration should not be canceled, the party will be notified that it is in compliance. If after review of the additional documentation provided, the division determines that the filing or registration should be canceled, a final notice of intent to cancel shall be mailed by the division to the most recent address 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 cancelation, it must file an appeal within 30 days of the date of the division’s mailing of the final notice of 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_________.