1S-2.021: Revocation of Registration of Political Committees
PURPOSE AND EFFECT: The primary purpose of the proposed amendments is to update the rule to reflect additional ways in which political committees may be dissolved and have their registrations canceled. The proposed rule also amends a current basis for revocation (failing to file campaign treasurers’ report) by reducing the time for failure to file from more than 12 months to more than 6 months. The amendments also modify the notification and appeal procedures involving the revocations of political committees’ registrations.
SUMMARY: The rule provides the conditions under which a political committee’s registration can be revoked. It further provides the procedures for notifying the political committee of the intended revocation action and how the committee may appeal the decision to revoke its registration.
SUMMARY OF STATEMENT 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: 20.10(3), 97.012(1), 106.03(7), 106.22(9) FS.
LAW IMPLEMENTED: 106.03 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: Wednesday, September 9, 2009, 1:00 p.m.
PLACE: Department of State, R. A. Gray Building, Room 307, 500 S. Bronough Street, Tallahassee, Florida 32399-0250
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: Nolah Shotwell, Department of State, Office of General Counsel, (850)245-6536, email: nlshotwell@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, Department of State, Office of General Counsel, R. A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6536; email: gjholland@dos.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
1S-2.021 Revocation of Registration of Political Committees.
(1) The filing officer shall revoke the registration of a political committee (hereinafter committee) when on the basis of the following factors:
(a) The committee fails to maintain a registered office and a registered agent as required by Section 106.022, F.S;
(b) The committee fails to appoint a successor after the death, resignation or removal of the campaign treasurer pursuant to Section 106.021(2), F.S.;
(c) The committee fails to appoint a successor after the death, resignation or removal of the committee chairperson;
(d)(a) The committee fails has failed to file campaign treasurers’ reports for more than 6 12 months; or
(e)(b) The committee’s aggregate reported financial activity during the calendar year is less than $500. unless the However, any committee is only required to registered and required to report as the sponsor of a proposed constitutional amendment by initiative who intended to seek the signatures of registered voters under a provision unrelated to financial activity shall not have its registration revoked if the committee can show that it is actively pursuing the activity for which it was required to register.
(2) The filing officer shall send notification to the committee’s chairperson treasurer of the filing officer’s intent to revoke the committee’s registration of the committee. If the notification is returned undeliverable after being sent to address for the chairperson on file with the filing officer, the filing officer shall send the notification to the committee’s registered agent. Within 30 days of receipt of the filing officer’s preliminary notice of intent to revoke, the committee may provide additional documentation to the filing officer showing that the committee’s registration should not be revoked. Upon review of such documentation, if the filing officer determines that the committee’s registration should not be revoked, the committee will be notified that it is in compliance. If after review of the additional documentation provided, the filing officer determines that the committee’s registration should be revoked, a final notice of intent to revoke the registration of the committee shall be issued by the filing officer. If no additional documentation is provided by the committee within 30 days of receipt of the preliminary notice, the filing officer shall issue a final notice of intent to revoke the registration of the committee.
(3) If the committee objects to such revocation, it must file an appeal within 30 days of receipt of the final notice of intent to revoke. The appeal may be accompanied by any documentation or evidence supporting the claim. The appeal must be filed with the filing officer Division of Elections, Room 316, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. The filing officer Division will forward the appeal to the Florida Elections Commission.
(4) Failure to timely file an appeal as described herein shall constitute a waiver of any such entitlement.
(5) A committee desiring a hearing before the commission must include in the appeal a separate request for hearing.
(6) Appeals under this rule are exempt from the confidentiality provisions of Section 106.25, F.S.
Rulemaking Specific Authority 20.10(3), 97.012(1), 106.03(7), 106.22(9) FS. Law Implemented 106.03 FS. History–New 2-28-90, Amended 10-29-03,________.