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Home My WebLink About2013-067RESOLUTION NO. 2013 - 067 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IMPLEMENTING THE PROVISIONS OF SECTION 106.07(2)(a)2., FLORIDA STATUTES, REQUIRING ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS OF LOCAL CANDIDATES, POLITICAL COMMITTEES AND PARTY EXECUTIVE COMMITTEES; ESTABLISHING AN ELECTRONIC FILING SYSTEM AND REQUIRING A WRITTEN ACKNOWLEDGEMENT REGARDING CERTAIN MATTERS PERTAINING TO THE ELECTRONIC FILING SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with the provisions of Section 106.07(2)(a)2., Florida Statutes, the Board of County Commissioners of Indian River County 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 with the Indian River County Supervisor of Elections electronically; 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 Ace within such county; and WHEREAS, Section 106.29(1), Florida Statutes, requires the campaign finance reports specified in Chapter 106, Florida Statutes, of executive committees of political parties 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, Leslie Swan, Indian River County Supervisor of Elections has requested that the Board of County Commissioners adopt this Resolution so as to require electronic filing of said campaign finance reports, and WHEREAS, by the adoption of this resolution, the Board of County Commissioners of Indian River County, Florida, intends to require the campaign finance reports of certain candidates for elective office within the County, of political committees registered within the County, and of county executive committees of political parties to be filed with the County's Supervisor of Elections electronically in 1 RESOLUTION N0.2013 = 067 accordance with the provisions of Sections 106.07(2)(a)2., 106.07(3) and 106.29(1), Florida Statutes NOW, THEREFORE BE IT RESOLVED by the Board of County %J111111 of Indian River County, Florida. Section 1. Upon request of the Indian River County Supervisor of Elections and pursuant Lo the provisions of Chapter 106, Florida Statutes, the following persons and committees are required to electronically file finance reports: (a) Candidates for elective office within the County who are required by law to qualify before the Supervisor; (b) Political committees that are required by law to qualify before the Supervisor; and (c) County executive committees of political parties, who are required by law to qualify before the Supervisor. Electronic filing required. Pursuant to Sections 106.07(2)(a)2., 106.07(3) and 106.29(1), Florida Statutes, the Board hereby establishes the requirement that each campaign finance report of candidates, political committees, and county executive committees, and officers must be filed with the Supervisor by means of the Supervisor's filing system. Section 2. Electronic filing specifications. The Supervisor is authorized and directed to develop and establish an electronic filing system, inclusive of such uniform procedures and forms as may necessary and appropriate for the implementation thereof. At a minimum, the electronic filing system shall satisfy the following requirements: (a) Be based on access by means of the Internet; (b) Be accessible by anyone with Internet access using standard web -browsing software; (c) Provide for direct entry of campaign finance information as well as upload of such information from campaign finance software certified by the Division of Elections of the Department of State, RESOLUTION IVO. 2013 - 067 (d) Provide a method that prevents unauthorized access to electronic filing system functions; (e) 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) 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 thereof, and that late -filed campaign finance reports are subject to the penalties prescribed under Section 106.07(8) or 106.29(3), Florida Statutes; and (g) 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, by the political committee's chair and political committee's treasurer, in the case of a political committee, and by the executive committee's chair and executive committee's treasurer, in the case of an executive committee of a political party and that such persons are subject to the provisions of Section 106.07(5), or 106.29(2), Florida Statutes. Section 3. Acknowledgement. The Supervisor shall 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 no later than midnight of the day required by law therefore. (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) or 106.29(3), Florida Statues. (c) Campaign finance reports filed through the electronic filing system are considered to be certified as to the correctness within the meaning of 3 RESOLUTION NO. 2013 - 067 (d) Section 106.07(5) or 106.29(2), Florida Statutes, by the candidate and the candidate's treasurer, in the case of a candidate, the political committee's chair and the political committee's treasurer, in the case of a political committee, or the county executive committee's chair and the executive committee's treasurer, in the case of an executive committee of a political party and such persons are subject to the provisions of Section 106.07(5) or 106.29(2) Florida Statutes. (e) The person signing the statement is responsible for protecting the on credentials credentials from disclosure, and for all filing using such credentials, unless the person has been notified by the Supervisor that such credentials have been compromised. Section 4. Alternative Procedure. The Supervisor is authorized and required to develop and establish an alternate filing procedure for campaign finance reports in the event the electronic filing system is not operable. Section 5. Effective Date. This Resolution shall become effective November 1, 2013 The resolution was moved for adoption by Commissioner Solari ,and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows. Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan kc I 0 Yea RESOLUTION N0.2013 - Or7 The Chairman thereupon declared the resolution duly passed and adopted this 20th day of August, 2013. ATTEST: By: Jeffrey R. Smith, Clerk Dep ptroll BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: 5 TONERS'°"" 4, az:v PN 0 f it 444 ••••.. • .�\: 444••.^�OfAN Rr� APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY