Florida Regulations 2B-1.005: Appeal of Fines Imposed by Filing Officers
Current as of: 2024 | Check for updates
|
Other versions
(1) To appeal a fine imposed pursuant to section 106.04(8) or 106.07(8), F.S., the party against whom the fine is levied shall shall file a notice of appeal with the Commission, and a copy filed with the filing officer, within 20 days of the appealing party’s receipt of notice that a fine is being imposed. The notice of appeal shall contain:
(a) The name, address and telephone number of the appealing party;
(b) A copy of the notice of imposition of fine issued by the filing officer; and,
(c) A request for hearing if a personal appearance before the Commission is desired. If no hearing request is made, the appeal shall be decided solely on the documents submitted by the appealing party and Commission staff.
(2) Upon receipt of a timely notice of appeal, the Commission staff shall notify the appealing party that the appeal has been accepted. The appealing party shall have 20 days from acceptance of the appeal to submit any documents supporting the appeal. Any subsequent supplemental documents shall be filed no later than five business days before the hearing.
(3) The Commission shall uphold the fine imposed by the filing officer unless the appealing party demonstrates that the report was timely filed or that there were unusual or other circumstances beyond the control of the candidate or committee that caused the report to be filed late.
Rulemaking Authority Florida Statutes § 106.26(1). Law Implemented 106.04(8), 106.07(8) FS. History-New 9-14-86, Amended 10-19-86, Formerly 1D-1.005, Amended 1-11-99, 4-24-05, 6-2-13.
Terms Used In Florida Regulations 2B-1.005
- 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.
- Uphold: The decision of an appellate court not to reverse a lower court decision.
(b) A copy of the notice of imposition of fine issued by the filing officer; and,
(c) A request for hearing if a personal appearance before the Commission is desired. If no hearing request is made, the appeal shall be decided solely on the documents submitted by the appealing party and Commission staff.
(2) Upon receipt of a timely notice of appeal, the Commission staff shall notify the appealing party that the appeal has been accepted. The appealing party shall have 20 days from acceptance of the appeal to submit any documents supporting the appeal. Any subsequent supplemental documents shall be filed no later than five business days before the hearing.
(3) The Commission shall uphold the fine imposed by the filing officer unless the appealing party demonstrates that the report was timely filed or that there were unusual or other circumstances beyond the control of the candidate or committee that caused the report to be filed late.
Rulemaking Authority Florida Statutes § 106.26(1). Law Implemented 106.04(8), 106.07(8) FS. History-New 9-14-86, Amended 10-19-86, Formerly 1D-1.005, Amended 1-11-99, 4-24-05, 6-2-13.