Florida Regulations 1S-2.021: Cancellation of Registration of Political Committees and Electioneering Communications Organizations
Current as of: 2024 | Check for updates
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(1) Definitions:
(a) “”Organization”” means an electioneering communications organization.
(b) “”Committee”” means a political committee.
(c) “”Limited activity”” means:
1. For a committee, the committee’s aggregate reported financial activity in each of two consecutive calendar years is $500 or less, unless the committee is only registered and required to report as the sponsor of a proposed constitutional amendment by initiative who intended to seek the signatures of registered voters; and,
2. For an organization, the organization’s aggregrate reported financial activity in each of two consecutive calendar years is $5,000 or less.
(d) “”Most recent address on file”” means the address provided in the most recent statement of appointment or written statement of change filed pursuant to Florida Statutes § 106.022
(2) Conduct warranting cancellation. The filing officer shall initiate the cancellation of the registration of a committee or an organization for one or more of the following reasons:
(a) The committee or organization fails to maintain a registered office and a registered agent as required by Florida Statutes § 106.022, including the failure to have a physical office space and hours of operation or if correspondence sent by the filing officer is returned as undeliverable;
(b) The committee or organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its treasurer;
(c) The committee fails to file the appointment of a successor within 10 days after the death, resignation or removal of its chairperson;
(d) The committee or organization fails to file 2 or more consecutive reports;
(e) The committee or organization has limited activity;
(f) The organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its top-ranking principal officer; or
(g) The committee or organization has an unpaid fine or civil penalty imposed under Florida Statutes Chapter 106, which has become final, meaning all appeals regarding the imposition of the fine or civil penalty have been exhausted or the time for such appeals has passed.
(3) Cancellation procedures.
(a) Initial notice of intent to cancel. The filing officer shall notify the committee’s chairperson or organization’s top-ranking principal officer and its registered agent of the intent to cancel the registration and include the facts and conduct which warrant the intended cancellation. The notice shall be sent to the most recent address on file for both the chairperson or top-ranking principal officer, as applicable, and registered agent. The initial notice shall state that all future notifications regarding cancellation of the committee’s or organization’s registration shall be sent only to the most recent address on file for the registered agent. The committee or organization has 15 days from the date of the initial notice to provide additional documentation to the filing officer showing that the committee’s or organization’s registration should not be canceled.
(b) Final notice of intent to cancel. After receiving the documentation under paragraph (a), from the committee or organization or after the 15-day deadline to provide additional information, whichever occurs first, the filing officer shall review all information and determine whether the registration should still be canceled.
1. If the filing officer determines that the registration should not be canceled, then the filing officer shall notify the registered agent at the most recent address on file.
2. If the filing officer determines that the registration should be canceled, then the filing officer shall send a final notice of intent to cancel to the most recent address on file for the registered agent.
(c) Notice returned as undeliverable. If the initial notice of intent to cancel is returned as undeliverable, and the committee or organization’s most recent address on file has not changed since the filing officer sent the initial notice, then the filing officer need not send a final notice of intent to cancel and shall instead send the final order of cancellation. If the initial notice of intent to cancel is returned as undeliverable, but the committee or organization’s most recent address on file has changed since the filing officer sent the initial notice, then the filing officer will provide an initial notice of the intent to cancel to that updated address; thereafter, the filing officer shall follow the procedures in this rule.
(d) Final order of cancellation. The final order of cancellation shall be sent to the most recent address on file for the registered agent, notwithstanding that the final order may be returned as undeliverable due to previous undelivered notices.
(4) Appeals. Appeal of Final Notice of Intent to Cancel. A committee or organization may appeal a final notice of intent to cancel within 30 days of the date of such final notice. The appeal may be accompanied by any documentation or evidence supporting the claim. The appeal must be filed with the filing officer. The filing officer will forward the appeal to the Florida Elections Commission.
(a) Failure to timely file an appeal shall constitute a waiver of any such entitlement.
(b) A committee or organization desiring a hearing before the Florida Elections Commission must include in the appeal a request for hearing.
(c) Appeals to the Florida Elections Commission under this rule are exempt from the confidentiality provisions of Florida Statutes § 106.25
Rulemaking Authority 20.10(3), 97.012(1), 106.03(7), 106.22(9) FS. Law Implemented Florida Statutes § 106.03. History-New 2-28-90, Amended 10-29-03, 11-15-09, 9-27-10, 10-30-13, 10-6-14, 8-4-16, 2-21-22.
Terms Used In Florida Regulations 1S-2.021
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) “”Committee”” means a political committee.
(c) “”Limited activity”” means:
1. For a committee, the committee’s aggregate reported financial activity in each of two consecutive calendar years is $500 or less, unless the committee is only registered and required to report as the sponsor of a proposed constitutional amendment by initiative who intended to seek the signatures of registered voters; and,
2. For an organization, the organization’s aggregrate reported financial activity in each of two consecutive calendar years is $5,000 or less.
(d) “”Most recent address on file”” means the address provided in the most recent statement of appointment or written statement of change filed pursuant to Florida Statutes § 106.022
(2) Conduct warranting cancellation. The filing officer shall initiate the cancellation of the registration of a committee or an organization for one or more of the following reasons:
(a) The committee or organization fails to maintain a registered office and a registered agent as required by Florida Statutes § 106.022, including the failure to have a physical office space and hours of operation or if correspondence sent by the filing officer is returned as undeliverable;
(b) The committee or organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its treasurer;
(c) The committee fails to file the appointment of a successor within 10 days after the death, resignation or removal of its chairperson;
(d) The committee or organization fails to file 2 or more consecutive reports;
(e) The committee or organization has limited activity;
(f) The organization fails to file the appointment of a successor within 10 days after the death, resignation or removal of its top-ranking principal officer; or
(g) The committee or organization has an unpaid fine or civil penalty imposed under Florida Statutes Chapter 106, which has become final, meaning all appeals regarding the imposition of the fine or civil penalty have been exhausted or the time for such appeals has passed.
(3) Cancellation procedures.
(a) Initial notice of intent to cancel. The filing officer shall notify the committee’s chairperson or organization’s top-ranking principal officer and its registered agent of the intent to cancel the registration and include the facts and conduct which warrant the intended cancellation. The notice shall be sent to the most recent address on file for both the chairperson or top-ranking principal officer, as applicable, and registered agent. The initial notice shall state that all future notifications regarding cancellation of the committee’s or organization’s registration shall be sent only to the most recent address on file for the registered agent. The committee or organization has 15 days from the date of the initial notice to provide additional documentation to the filing officer showing that the committee’s or organization’s registration should not be canceled.
(b) Final notice of intent to cancel. After receiving the documentation under paragraph (a), from the committee or organization or after the 15-day deadline to provide additional information, whichever occurs first, the filing officer shall review all information and determine whether the registration should still be canceled.
1. If the filing officer determines that the registration should not be canceled, then the filing officer shall notify the registered agent at the most recent address on file.
2. If the filing officer determines that the registration should be canceled, then the filing officer shall send a final notice of intent to cancel to the most recent address on file for the registered agent.
(c) Notice returned as undeliverable. If the initial notice of intent to cancel is returned as undeliverable, and the committee or organization’s most recent address on file has not changed since the filing officer sent the initial notice, then the filing officer need not send a final notice of intent to cancel and shall instead send the final order of cancellation. If the initial notice of intent to cancel is returned as undeliverable, but the committee or organization’s most recent address on file has changed since the filing officer sent the initial notice, then the filing officer will provide an initial notice of the intent to cancel to that updated address; thereafter, the filing officer shall follow the procedures in this rule.
(d) Final order of cancellation. The final order of cancellation shall be sent to the most recent address on file for the registered agent, notwithstanding that the final order may be returned as undeliverable due to previous undelivered notices.
(4) Appeals. Appeal of Final Notice of Intent to Cancel. A committee or organization may appeal a final notice of intent to cancel within 30 days of the date of such final notice. The appeal may be accompanied by any documentation or evidence supporting the claim. The appeal must be filed with the filing officer. The filing officer will forward the appeal to the Florida Elections Commission.
(a) Failure to timely file an appeal shall constitute a waiver of any such entitlement.
(b) A committee or organization desiring a hearing before the Florida Elections Commission must include in the appeal a request for hearing.
(c) Appeals to the Florida Elections Commission under this rule are exempt from the confidentiality provisions of Florida Statutes § 106.25
Rulemaking Authority 20.10(3), 97.012(1), 106.03(7), 106.22(9) FS. Law Implemented Florida Statutes § 106.03. History-New 2-28-90, Amended 10-29-03, 11-15-09, 9-27-10, 10-30-13, 10-6-14, 8-4-16, 2-21-22.