title
FLORIDA ELECTIONS COMMISSION CASE NO.: FEC 14-398; RESPONDENT: CITY OF GAINESVILLE, CITY COMMISSION (NB)
recommendation
The City Commission authorize the City Attorney to: 1) represent the City in Case No. FEC 14-398, and 2) file a written waiver of the confidentiality provided by Section 106.25, Florida Statutes
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explanation
On October 30, 2014, the City received a Florida Elections Commission complaint. The Complainant alleges that the City of Gainesville, City Commission violated Sections 106.113 and 104.31, Florida Statutes in certain verbal and written communications regarding the Transportation Sales Surtax. The Complainant asks that the Elections Commission investigate the allegations.
Section 106.25, Florida Statutes provides that every sworn complaint filed with the FEC is confidential and exempt from the Public Records Law. However, the confidentiality provisions do not bind the person who filed the complaint. The statute goes on to provide that the Respondent can file a written waiver with the FEC waiving confidentiality and making the proceedings and records open to the public. Absent that waiver, the Statute provides that any person (other than the person who filed the complaint) who discloses any confidential information commits a misdemeanor of the first degree.