Florida Administrative Code
2 - DEPARTMENT OF LEGAL AFFAIRS
2B - Florida Elections Commission
Chapter 2B-1 - PRACTICE AND PROCEDURE
Section 2B-1.0055 - Late-filed Reports; Unusual Circumstances
Universal Citation: FL Admin Code R 2B-1.0055
Current through Reg. 50, No. 249, December 24, 2024
(1) Unusual circumstances mean uncommon, rare or sudden events over which the actor has no control and which directly result in the failure to act according to the filing requirements. Unusual circumstances must occur within a time period that would clearly prevent the person legally responsible for filing the report from doing so in a timely manner. Unusual circumstances shall include, but are not limited to, the following circumstances:
(a) Natural disaster
or other emergency that prevented timely filing. Evidence submitted shall
include copies of newspaper reports or other documents from an independent and
reliable source that document the nature, date, and location of the natural
disaster or emergency.
(b) Death of
the candidate or campaign treasurer or an immediate family member of the
candidate or campaign treasurer. Evidence submitted shall include a copy of the
death certificate, newspaper obituary, or funeral program or notice.
(c) Serious illness, disability or
non-elective surgery of the candidate or campaign treasurer. Evidence submitted
shall include a physician's certification on professional letterhead stationery
that includes the dates of the illness, disability, or surgery; a statement
regarding the period of time that the patient was incapacitated; and a
statement that surgery, if any, was not elective. The period of incapacitation
may also be shown by copies of hospital records reflecting the dates of
hospitalization.
(d) Serious
illness, disability or non-elective surgery of the candidate's or campaign
treasurer's immediate family member. Evidence submitted shall include evidence
of the candidate or treasurer's relationship to the family member, the location
of the family member, and the reason the candidate or campaign treasurer's
presence was required. Evidence submitted shall also include a physician's
certification on professional letterhead stationery that includes the dates of
the illness, disability or surgery; a statement regarding the period of time
that the patient was incapacitated; a statement that surgery, if any, was not
elective; and a statement that the patient required the care of a family
member.
(e) Computer or equipment
failure caused by events that could not have been anticipated and that made
timely filing of the report impossible.
(f) The abrupt and unexpected loss of the
campaign treasurer, over which the appealing party had no control. The loss of
the campaign treasurer shall not constitute unusual circumstances if the
appealing party failed to monitor the campaign treasurer's performance before
his or her departure or if the appealing party failed to assure prompt
preparation of the report after the treasurer's departure.
(g) Failure of the filing officer to e-mail,
telephone, or mail a letter to the candidate, chairman of a political
committee, or treasurer of a committee of continuous existence that a report is
late no later than seven days after the report was due shall constitute unusual
circumstances if the appealing party establishes that lack of notice clearly
interfered with the timely filing of the report. The fine imposed by the filing
officer shall be reduced to the amount that would have been imposed had the
report been filed 13 days late.
(2) Unusual circumstances shall not include:
(a) Failure of the United States Postal
Service or other mail delivery service to postmark an envelope, legibly
postmark an envelope, or timely deliver mail.
(b) Failure of the sender to affix sufficient
postage to a report that is being mailed.
Rulemaking Authority 106.26(1) FS. Law Implemented 106.04(8), 106.07(8) FS.
New 1-11-99, Amended 4-24-05, 6-2-13.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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