2B-1.002: Definitions
PURPOSE AND EFFECT: The proposed rule is intended 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.
SUMMARY: The proposed rule sets forth definitions for the purpose of determining whether the imposition of a civil penalty is appropriate for a violation of Chapter 104, F.S.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 106.26 FS.
LAW IMPLEMENTED: 106.25(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Linthicum, Executive Director, Florida Elections Commission, PL-01, The Capitol, Tallahassee, Florida 32399-1050
THE FULL TEXT OF THE PROPOSED RULE 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_________.