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

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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

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HB 553

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

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