PAC for Equality v. Department of State, Florida Elections Com'n, 88-01630
| Decision Date | 03 May 1989 |
| Docket Number | No. 88-01630,88-01630 |
| Citation | 542 So.2d 459,14 Fla. L. Weekly 1122 |
| Parties | 14 Fla. L. Weekly 1122 PAC FOR EQUALITY, Appellant, v. DEPARTMENT OF STATE, FLORIDA ELECTIONS COMMISSION, Appellee. |
| Court | Florida District Court of Appeals |
Margot Pequignot of McMullen, Everett, Logan, Marquardt & Cline, P.A., Clearwater, for appellant.
Robert A. Butterworth, Atty. Gen., and John J. Rimes, III, Asst. Atty. Gen., Tallahassee, and Eric D. Prutsman, Florida Elections Com'n, Tallahassee, for appellee.
The PAC for Equality (PACE) has sought our review of a fine in the amount of $1,450 imposed upon it by the Division of Elections and affirmed by the Florida Elections Commission pursuant to section 106.07(9)(b), Florida Statutes (1987). Based upon our view of the pertinent statutes, we reverse and vacate the Commission's final order.
On January 21 the Division of Elections notified PACE that a campaign treasurer's report due on January 10 had not been received. PACE responded on February 5 stating that during the reporting period it had neither received contributions nor made expenditures in excess of $500 and that it had disbanded. The February 5 communication was received by the Division on February 8 and on February 9 it informed PACE of the fine calculated at the rate of $50 per day from January 10 to February 8. PACE protested the fine as is permitted by section 106.07(9)(c), and the Commission rejected PACE's claim of unusual circumstances, found the "report" delinquent, and affirmed the fine. The instant appeal was initiated in accordance with section 120.59, Florida Statutes (1987).
The Commission's final order does not contain a statutory reference authorizing the fine, but there is no dispute that the Division and the Commission relied upon section 106.07(9)(b) for its imposition. The foregoing section provides that:
Upon determining that a report is late, the filing officer shall immediately notify the candidate or chairman of the political committee as to the failure to file a report by the designated due date and that a fine is being assessed for each late day.... Such fine shall be paid to the filing officer within 15 days of receipt of the notice of the payment due, unless appeal is made to the Florida Elections Commission....
A preceding portion of the statute, however, exempted PACE from the duty to file a report: when a political action committee "has not received funds, made any contributions, or expended any reportable funds, the filing of the required report for that period is waived." § 106.07(7), Fla.Stat. (1987). That aspect of the statute did require PACE to notify the Division "in writing on the prescribed reporting date that no report" would be filed. Thus, it is apparent that PACE was delinquent in fulfilling its notification obligation. Nonetheless, we are unwilling to equate the notice requirement alluded to in section 106.07(7) with the reporting obligation found in that same section.
The condition triggering the penalty machinery is the obligation timely to file a report. In the event, however, that...
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