2B-1.002: Definitions
PURPOSE AND EFFECT: The Commission proposes the development of rule amendments to define terms which will be utilized for determining whether the imposition of a civil penalty is appropriate for a violation of Chapter 104, F.S.
SUBJECT AREA TO BE ADDRESSED: Definition of terms utilized for the determination of civil penalties.
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, F.S, the following definitions shall apply:
(1) A person acts “willful” or “willfully” when he or she showed reckless disregard for whether his or her conduct was prohibited or required by Chapter 104, F.S.
(2) “Knew” means that the person was aware of a provision of Chapter 104, 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, 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, F.S., or whether he or she failed to perform an act required by Chapter 104, F.S.
Specific Authority 106.26 FS. Law Implemented 106.25(3) FS. History–New_________.