Florida Senate - 2011                                     SB 330
       
       
       
       By Senator Gaetz
       
       
       
       
       4-00306B-11                                            2011330__
    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
    6         serving in the military, commits a violation of the
    7         Florida Election Code; permitting any person to file a
    8         complaint with the Florida Elections Commission
    9         alleging that a candidate has falsely represented his
   10         or her military service; requiring that the commission
   11         adopt rules to provide for an expedited hearing for
   12         complaints filed with the commission; requiring that
   13         the Director of the Division of Administrative
   14         Hearings assign an administrative law judge to provide
   15         an expedited hearing in certain cases; requiring the
   16         commission or administrative law judge to assess a
   17         civil penalty of up to a specified amount against a
   18         candidate who is found to have falsely misrepresented
   19         his or her military service; providing an effective
   20         date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 104.2715, Florida Statutes, is created
   25  to read:
   26         104.2715 False representations of military service;
   27  penalty.—
   28         (1) A candidate who, in a primary or other election,
   29  falsely represents, directly or indirectly, that he or she
   30  served or is currently serving in the military, whether active
   31  duty, reserve, or National Guard, commits a violation of the
   32  Florida Election Code.
   33         (2) Any person may file a complaint with the Florida
   34  Elections Commission pursuant to s. 106.25 alleging a violation
   35  of subsection (1).
   36         (3) The commission shall adopt rules to provide an
   37  expedited hearing of complaints filed under subsection (2), or,
   38  in cases referred to the Division of Administrative Hearings
   39  pursuant to s. 106.25(5), the director shall assign an
   40  administrative law judge to provide an expedited hearing.
   41         (4) Notwithstanding any other law, the commission or
   42  administrative law judge shall assess a civil penalty of up to
   43  $5,000 against any candidate who is found to have violated
   44  subsection (1), which shall be deposited into the General
   45  Revenue Fund.
   46         Section 2. This act shall take effect July 1, 2011.