Item R1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Division: Supervisor of Elections
Bulk Item: Yes _ No _ Staff Contact Person/Phone#: Joyce Griffin
292-3416
AGENDA ITEM WORDING: Approval of Resolution,requested by the Supervisor of Elections,
which allows electronic filing of any campaign finance report by local candidates and political
committees and for the establishment of electronic filing procedures as authorized by law. In the past
Monroe County candidates and political committees were required to file campaign report by hand
delivery to the office of the SOE, this Resolution will allow the SOE to establish an electronic
procedure which will alleviate that necessity.
ITEM BACKGROUND: Florida Statute 106.07(2)(a)1 requires in part that: "All reports required of
a candidate by this section shall be filed with the officer before whom the candidate is required by law
to qualify." This resolution will establish an electronic filing system, as allowed under Florida Statute
106.07(2)(a)2, in which filing requirements for local candidates and political committees can be done
electronically and it sets up a procedure for accomplishing that electronic filing. The resolution
provides for the establishment of an alternative system in the event that the electronic systems fails to
operate. The SOE believes that it will reduce paperwork and streamline the required reporting, while
continuing the filing requirements for candidates and political committees.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: N/A
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year
APPROVED BY: County Atty_ OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
IMPLEMENTING THE PROVISIONS OF SECTION
106.07(2)(a)2., FLORIDA STATUTES, PERTAINING TO
ELECTRONIC FILING REQUIREMENTS FOR THE
CAMPAIGN FINANCE REPORTS OF LOCAL CANDIDATES
AND POLITICAL COMMITTEES; PROVIDING DEFINITIONS;
REQUIRING ELECTRONIC FILING OF CAMPAIGN
FINANCE REPORTS OF LOCAL CANDIDATES AND
POLITICAL COMMITTEES; PROVIDING FOR THE
ESTABLISHMENT OF AN ELECTRONIC FILING SYSTEM
AND PRESCRIBING THE MINIMUM REQUIREMENTS
THEREOF; REQUIRING A WRITTEN ACKNOWLEDGMENT
REGARDING CERTAIN MATTERS PERTAINING TO THE
ELECTRONIC FILING SYSTEM; PROVIDING FOR THE
ESTABLISHMENT OF AN ALTERNATIVE PROCEDURE FOR
FILING OF CAMPAIGN FINANCE REPORTS OF LOCAL
CANDIDATES AND POLITICAL COMMITTEES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, candidates for statewide office are required under Chapter 106, Florida
Statutes, to file certain campaign finance reports specified therein; and,
WHEREAS, in accordance with the provisions of Section 106.07(2)(a)2., Florida
Statutes, a board of county commissioners is authorized by resolution to require the campaign
finance reports specified in Chapter 106, Florida Statutes, of candidates for elective office within
the county to be filed electronically with its county's supervisor of elections; and,
WHEREAS, Section 106.07(3), Florida Statutes, requires the campaign finance reports
specified in Chapter 106, Florida Statutes, of political committees that have registered with a
county's supervisor of elections to be subject to the same filing conditions as established for the
campaign finance reports of candidates for elective office within such county; and,
WHEREAS, by the adoption of this resolution, the Board of County Commissioners of
Monroe County, Florida, intends to require the campaign finance reports of certain candidates for
elective office within the County and of political committees registered within the County to be
filed electronically with the County's Supervisor of Elections, in accordance with the provisions
of Sections 106.07(2)(a)2., and 106.07(3), Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County,Florida, as follows:
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Section 1. Definitions. For purposes of this resolution, and unless the context clearly
requires otherwise,the following terms and phrases shall have the meanings herein ascribed:
(a) Board shall mean the County's Board of County Commissioners.
(b) Campaign finance report shall mean any campaign finance report of a candidate
or of a political committee required under Chapter 106, Florida Statutes, to be
filed with the Supervisor.
(c) Candidate shall mean a candidate for elective office within the County who is
required by law to qualify before the Supervisor.
(d) County shall mean Monroe County, Florida.
(e) Division shall mean the Florida Division of Elections.
(f) Electronic filing system shall mean the internet-based system for filing campaign
finance reports established by the Supervisor under Section 3 hereof.
(g) Political committee shall mean a political committee that has registered with the
Supervisor in accordance with Section 106.03,Florida Statutes.
(h) Supervisor shall mean the County's Supervisor of Elections.
(i) Treasurer shall mean a candidate's or a political committee's campaign treasurer
duly designated as such under Chapter 106, Florida Statutes.
Section 2. Electronic filing required. Pursuant to Sections 106.07(2)(a)2., and
106.07(3), Florida Statutes, the Board hereby establishes the requirement that each campaign
finance report of a candidate and of a political committee must be filed with the Supervisor by
means of the Supervisor's electronic filing system.
Section 3. Electronic filing system. The Supervisor is authorized and directed to
develop and establish an electronic filing system, inclusive of such uniform procedures and
forms as may be necessary and appropriate for the implementation thereof. At a minimum, the
electronic filing system must satisfy the following requirements:
(a) It must be based on access by means of the Internet.
(b) It must be accessible by anyone with Internet access using standard web-browsing
software.
(c) It must provide for direct entry of campaign finance information as well as upload
of such information from campaign finance software approved by the Supervisor.
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(d) It must provide a method that prevents unauthorized access to electronic filing
system functions.
(e) It must provide for the issuance of an electronic receipt to the person submitting a
campaign finance report indicating and verifying that the same has been filed.
(f) It must include a conspicuous statement at or immediately following the log-in
page that campaign finance reports must be completed and filed through the
electronic filing system not later than midnight of the day required by law
therefor, and that late-filed campaign finance reports are subject to the penalties
prescribed under Section 106.07(8), Florida Statutes.
(g) It must include a conspicuous statement at the prompt for submitting a campaign
finance report that the same is considered to be certified as to correctness within
the meaning of Section 106.07(5),Florida Statutes,by the candidate and the
candidate's treasurer, in the case of a candidate, or the political committee's chair
and treasurer, in the case of a political committee, and that such persons are
subject to the provisions of Section 106.07(5), Florida Statutes.
Section 4. Acknowledgment. The Supervisor must require each person given a
secure sign-on to the electronic filing system to sign a written statement on a form prepared by
the Supervisor acknowledging the following:
(a) Campaign finance reports must be completed and filed through the electronic
filing system not later than midnight of the day required by law therefor.
(b) Campaign finance reports not filed by midnight of the required day are deemed
late-filed and are subject to the penalties prescribed under Section 106.07(8),
Florida Statutes.
(c) Campaign finance reports filed through the electronic filing system are considered
to be certified as to correctness within the meaning of Section 106.07(5), Florida
Statutes,by the candidate and the candidate's treasurer, in the case of a candidate,
or the political committees's chair and treasurer, in the case of a political
committee, and such persons are subject to the provisions of Section 106.07(5),
Florida Statutes.
(d) The person signing the statement is responsible for protecting the sign-on
credentials from disclosure, and for all filings using such credentials, unless the
person has notified the Supervisor that such credentials have been compromised.
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Section 5. Alternative procedure. The Supervisor is authorized and directed to
develop and establish an alternate filing procedure for campaign finance reports in the event the
electronic filing system is not operable.
Section 6. Effective date. This resolution is deemed effective immediately upon its
adoption by the Board.
DULY ADOPTED by the Board of County Commissioners of Monroe County, Florida,
this day of 92013.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
George Neugent, Mayor
ATTEST: AMY C. HEAVILIN,
CLERK OF THE CIRCUIT COURT
By:
As Deputy Clerk
MONROE COUNTY ATTORNEY
A,RPROVED AS TO FORM:
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date _ 1 ._4......
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