Bill Text: FL H0553 | 2011 | Regular Session | Introduced


Bill Title: Violations of the Florida Election Code

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-05-03 - Laid on Table, companion bill(s) passed, see SB 330 (Ch. [H0553 Detail]

Download: Florida-2011-H0553-Introduced.html
HB 553

1
A bill to be entitled
2An act relating to violations of the Florida Election
3Code; creating s. 104.2715, F.S.; providing that a
4candidate who, in a primary or other election, falsely
5represents that he or she served or is currently serving
6in the military, commits a violation of the Florida
7Election Code; permitting any person to file a complaint
8with the Florida Elections Commission alleging that a
9candidate has falsely represented his or her military
10service; requiring that the commission adopt rules to
11provide for an expedited hearing for complaints filed with
12the commission; requiring that the Director of the
13Division of Administrative Hearings assign an
14administrative law judge to provide an expedited hearing
15in certain cases; requiring the commission or
16administrative law judge to assess a civil penalty of up
17to a specified amount against a candidate who is found to
18have falsely misrepresented his or her military service;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 104.2715, Florida Statutes, is created
24to read:
25     104.2715  False representations of military service;
26penalty.-
27     (1)  A candidate who, in a primary or other election,
28falsely represents, directly or indirectly, that he or she
29served or is currently serving in the military, whether active
30duty, reserve, or National Guard, commits a violation of the
31Florida Election Code.
32     (2)  Any person may file a complaint with the Florida
33Elections Commission pursuant to s. 106.25 alleging a violation
34of subsection (1).
35     (3)  The commission shall adopt rules to provide an
36expedited hearing of complaints filed under subsection (2), or,
37in cases referred to the Division of Administrative Hearings
38pursuant to s. 106.25(5), the director shall assign an
39administrative law judge to provide an expedited hearing.
40     (4)  Notwithstanding any other law, the commission or
41administrative law judge shall assess a civil penalty of up to
42$5,000 against any candidate who is found to have violated
43subsection (1), which shall be deposited into the General
44Revenue Fund.
45     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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