Florida Senate - 2008 CS for SB 866
By the Committee on Ethics and Elections; and Senator Constantine
582-06390A-08 2008866c1
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A bill to be entitled
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An act relating to elections; amending s. 97.012, F.S.;
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revising provisions relating to the investigative duties
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of the Secretary of State; amending s. 97.041, F.S.;
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revising requirements for voter preregistration of minors;
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amending s. 97.053, F.S.; revising provisions relating to
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verification of certain information on voter registration
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applications; amending s. 97.0535, F.S.; revising forms of
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acceptable identification for certain voter registration
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applicants; amending s. 97.055, F.S.; providing for change
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of party affiliation after the closing of the registration
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books to apply to an upcoming election under certain
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circumstances; amending s. 98.065, F.S.; revising
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registration list maintenance provisions; creating s.
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98.0655, F.S.; requiring the Department of State to
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prescribe registration list maintenance forms; providing
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criteria for such forms; amending s. 98.075, F.S.;
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providing for the removal of the name of a deceased person
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from the statewide voter registration system upon receipt
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by the supervisor of a copy of a death certificate;
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amending s. 99.012, F.S.; providing restrictions on
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individuals qualifying for public office; removing an
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exception from such restrictions for persons seeking any
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federal public office; amending s. 99.021, F.S.; deleting
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a resignation statement from the qualifying oath for
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candidates for federal office; amending s. 99.097, F.S.;
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prohibiting the supervisor from counting a petition if a
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voter signs the petition and lists an address other than
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the legal residence where the voter is registered;
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requiring the mailing of a new voter registration
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application for an address update in certain
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circumstances; amending s. 100.221, F.S.; providing
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circumstances under which early voting is not required;
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amending s. 100.361, F.S.; revising provisions relating to
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the recall of municipal or charter county officers, recall
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committees, recall petitions, recall defense, and offenses
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related thereto; amending s. 100.371, F.S.; providing that
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a petition form circulated for signatures may not be
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bundled with other petitions; deleting requirements
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relating to the recording and determination of signature
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forms; providing that an elector may complete and submit a
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standard petition-revocation form directly to the
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supervisor of elections under certain circumstances;
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requiring that the division adopt petition-revocation
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forms by rule; amending s. 101.041, F.S.; deleting a
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requirement for the printing and distribution of official
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ballots; amending s. 101.045, F.S.; authorizing the use of
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a voter registration application for a name or address
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change; amending s. 101.111, F.S.; revising methods by
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which a person's right to vote may be challenged; amending
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s. 101.23, F.S.; deleting provisions requiring an election
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inspector to prevent certain persons from voting; amending
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s. 101.51, F.S.; deleting provisions specifying certain
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responsibilities of election officials before allowing
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electors to enter a booth or compartment to vote; amending
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s. 101.5608, F.S.; revising certain procedures relating to
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the deposit of ballots; amending s. 101.6102, F.S.;
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providing exceptions to the types of elections that may
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not be conducted by mail ballot; amending s. 101.6923,
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F.S.; revising forms of acceptable identification for
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certain absentee voters; amending s. 101.733, F.S.;
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authorizing the Governor to call for a mail ballot
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election in the event of a declared state of emergency or
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an impending emergency; requiring that the Department of
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State adopt rules regarding such election; revising notice
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requirements for elections rescheduled due to an
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emergency; amending s. 101.75, F.S.; authorizing
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municipalities to set by ordinance election dates to
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coincide with statewide or countywide elections; amending
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s. 102.014, F.S.; revising provisions relating to the
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training of poll workers; amending s. 102.031, F.S.;
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including the term "solicitation" as an equivalent of the
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term "solicit" as it relates to the unlawful solicitation
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of voters; providing that such terms do not prohibit exit
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polling; amending s. 102.112, F.S.; revising the county
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canvassing board's certification requirements for election
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returns; amending s. 103.101, F.S.; deleting provisions
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related to the placement on the ballot of presidential
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candidates whose names do not appear on the list submitted
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to the Secretary of State; amending s. 190.006, F.S.;
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deleting certain fee and assessment provisions for
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candidates seeking election to the board of supervisors of
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community redevelopment districts; amending s. 106.07,
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F.S.; clarifying that political subdivisions may impose
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electronic filing requirements on certain candidates, and
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that expenditures for such filing system serve a valid
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public purpose; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (15) of section 97.012, Florida
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Statutes, is amended to read:
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97.012 Secretary of State as chief election officer.--The
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Secretary of State is the chief election officer of the state,
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and it is his or her responsibility to:
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(15) Conduct preliminary investigations into any
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irregularities or fraud involving voter registration, voting, or
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candidate petition, or issue petition activities and report his
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or her findings to the statewide prosecutor or the state attorney
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for the judicial circuit in which the alleged violation occurred
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for prosecution, if warranted. The Department of State may
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prescribe by rule requirements for filing an elections-fraud
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complaint and for investigating any such complaint.
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Section 2. Paragraph (b) of subsection (1) of section
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97.041, Florida Statutes, is amended to read:
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97.041 Qualifications to register or vote.--
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(1)
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(b) A person who is otherwise qualified may preregister on
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or after that person's 16th 17th birthday or receipt of a valid
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Florida driver's license, whichever occurs earlier, and may vote
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in any election occurring on or after that person's 18th
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birthday.
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Section 3. Effective upon this act becoming a law,
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subsection (6) of section 97.053, Florida Statutes, is amended to
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read:
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97.053 Acceptance of voter registration applications.--
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(6) A voter registration application may be accepted as
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valid only after the department has verified the authenticity or
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nonexistence of the driver's license number, the Florida
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identification card number, or the last four digits of the social
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security number provided by the applicant. If a completed voter
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registration application has been received by the book-closing
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deadline but the driver's license number, the Florida
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identification card number, or the last four digits of the social
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security number provided by the applicant cannot be verified, the
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applicant shall be notified that the number cannot be verified
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application is incomplete and that the applicant voter must
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provide evidence to the supervisor sufficient to verify the
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authenticity of the applicant's driver's license number, Florida
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identification card number, or last four digits of the social
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security number provided on the application. If the applicant
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voter provides the necessary evidence, the supervisor shall place
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the applicant's voter's name on the registration rolls as an
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active voter. If the applicant voter has not provided the
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necessary evidence or the number has not otherwise been verified
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prior to the applicant presenting himself or herself to vote, the
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applicant shall be provided a provisional ballot. The provisional
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ballot shall be counted only if the number application is
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verified by the end of the canvassing period or if the applicant
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presents evidence to the supervisor of elections sufficient to
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verify the authenticity of the applicant's driver's license
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number, Florida identification card number, or last four digits
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of the social security number provided on the application no
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later than 5 p.m. of the second day following the election.
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Section 4. Paragraph (a) of subsection (3) of section
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97.0535, Florida Statutes, is amended to read:
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97.0535 Special requirements for certain applicants.--
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(3)(a) The following forms of identification shall be
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considered current and valid if they contain the name and
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photograph of the applicant and have not expired:
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1. United States passport.
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2. Employee badge or identification.
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3. Buyer's club identification.
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2.4. Debit or credit card.
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3.5. Military identification.
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4.6. Student identification.
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5.7. Retirement center identification.
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6.8. Neighborhood association identification.
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7.9. Public assistance identification.
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Section 5. Subsection (1) of section 97.055, Florida
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Statutes, is amended to read:
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97.055 Registration books; when closed for an election.--
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(1)(a) The registration books must be closed on the 29th
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day before each election and must remain closed until after that
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election. If an election is called and there are fewer than 29
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days before that election, the registration books must be closed
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immediately.
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(b) Except as provided in paragraph (c), when the
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registration books are closed for an election, updates to a
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voter's name, address, and signature pursuant to ss. 98.077 and
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101.045 shall be the only changes permitted for purposes of the
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upcoming election. New voter registration applications and party
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changes must be accepted but only for the purpose of subsequent
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elections.
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(c) When the registration books are closed for an upcoming
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election, an update or change to a voter's party affiliation made
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pursuant to s. 97.1031 shall be permitted for that upcoming
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election unless such election is for the purpose of nominating a
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political party nominee, in which case the update or change shall
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be permitted only for the purpose of subsequent elections.
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Section 6. Subsection (4) of section 98.065, Florida
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Statutes, is amended to read:
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98.065 Registration list maintenance programs.--
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(4)(a) If the supervisor receives change-of-address
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information pursuant to the activities conducted in subsection
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(2), from jury notices signed by the voter and returned to the
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courts, from the Department of Highway Safety and Motor Vehicles,
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or from other sources, which information indicates that the legal
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address of a registered voter's legal residence voter might have
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changed to another location within the state, the supervisor must
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change the registration records to reflect the new address and
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must shall send the voter by forwardable return-if-undeliverable
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mail an address change confirmation notice as provided in s.
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98.0655(2) to the address at which the voter was last registered.
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A supervisor may also send an address confirmation notice to any
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voter who the supervisor has reason to believe has moved from his
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or her legal residence.
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(b) If the supervisor of elections receives change-of-
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address information pursuant to the activities conducted in
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subsection (2), from jury notices signed by the voter and
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returned to the courts, or from other sources which indicates
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that a registered voter's legal residence might have changed to a
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location outside the state, the supervisor of elections shall
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send an address confirmation final notice to the voter as
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provided in s. 98.0655(3). The address confirmation notice shall
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contain a postage prepaid, preaddressed return form on which:
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1. If the voter has changed his or her address of legal
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residence to a location outside the state, the voter shall mark
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that the voter's legal residence has changed to a location
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outside the state. The form shall also include information on how
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to register in the new state in order to be eligible to vote. The
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form must be returned within 30 days after the date of the
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notice. The completed form shall constitute a request to be
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removed from the statewide voter registration system.
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2. If the voter has changed his or her address of legal
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residence to a location inside the state, the voter shall set
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forth the updated or corrected address and submit the return form
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within 30 days after the date of the notice. The completed form
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shall constitute a request to update the statewide voter
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registration system with the updated or corrected address
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information.
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3. If the voter has not changed his or her address of legal
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residence as printed on the address confirmation notice, the
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voter shall confirm that his or her address of legal residence
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has not changed and submit the form within 30 days after the date
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of the notice.
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(c) The supervisor must designate as inactive all voters
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who have been sent an address confirmation final notice and who
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have not returned the postage prepaid, preaddressed return form
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within 30 days or for which the final an address confirmation
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notice has been returned as undeliverable. Names on the inactive
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list may not be used to calculate the number of signatures needed
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on any petition. A voter on the inactive list may be restored to
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the active list of voters upon the voter updating his or her
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registration, requesting an absentee ballot, or appearing to
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vote. However, if the voter does not update his or her voter
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registration information, request an absentee ballot, or vote by
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the second general election after being placed on the inactive
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list, the voter's name shall be removed from the statewide voter
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registration system and the voter shall be required to reregister
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to have his or her name restored to the statewide voter
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registration system.
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Section 7. Section 98.0655, Florida Statutes, is created to
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read:
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98.0655 Registration list maintenance forms.--The
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department shall prescribe registration list maintenance forms to
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be used by the supervisors which must include:
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(1) An address confirmation request that must contain:
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(a) The voter's name and address of legal residence as
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shown on the voter registration record; and
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(b) A request that the voter notify the supervisor if
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either the voter's name or address of legal residence is
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incorrect.
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(2) An address change notice that must be sent to the newly
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recorded address of legal residence by forwardable mail,
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including a postage prepaid, preaddressed return form with which
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the voter may verify or correct the voter's new address
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information.
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(3) An address confirmation final notice that must be sent
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to the newly recorded address of legal residence by forwardable
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mail and must contain a postage prepaid, preaddressed return form
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and a statement that:
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(a) If the voter has not changed his or her legal residence
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or has changed his or her legal residence within the state, the
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voter should return the form within 30 days after the date on
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which the notice was sent to the voter.
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(b) If the voter has changed his or her legal residence to
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a location outside the state:
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1. The voter shall return the form, which serves as a
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request to be removed from the registration books; and
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2. The voter shall be provided with information on how to
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register in the new jurisdiction in order to be eligible to vote.
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(c) If the return form is not returned, the voter's name
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shall be designated as inactive in the statewide voter
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registration system.
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Section 8. Effective July 1, 2008, subsection (3) of
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section 98.075, Florida Statutes, is amended to read:
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98.075 Registration records maintenance activities;
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ineligibility determinations.--
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(3) DECEASED PERSONS.--The department shall identify those
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registered voters who are deceased by comparing information on
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the lists of deceased persons received from the Department of
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Health as provided in s. 98.093. Upon receipt of such information
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through the statewide voter registration system, the supervisor
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shall remove the name of the registered voter. Additionally, the
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supervisor shall remove the name of a deceased registered voter
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from the statewide voter registration system upon receipt of a
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copy of a death certificate issued by a governmental agency
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authorized to issue death certificates.
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Section 9. Subsection (2), paragraph (a) of subsection (3),
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and subsections (6) and (7) of section 99.012, Florida Statutes,
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are amended to read:
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99.012 Restrictions on individuals qualifying for public
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office.--
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(2) No person may qualify as a candidate for more than one
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public office, whether federal, state, district, county, or
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municipal, if the terms or any part thereof run concurrently with
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each other.
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(3)(a) No officer may qualify as a candidate for another
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public office, whether state, district, county, or municipal
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public office, if the terms or any part thereof run concurrently
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with each other, without resigning from the office he or she
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presently holds.
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(6) This section does not apply to:
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(a) Political party offices.
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(b) Persons serving without salary as members of an
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appointive board or authority.
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(c) Persons seeking any federal public office.
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(7) Nothing contained in subsection subsections (3) and (4)
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relates to persons holding any federal office.
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Section 10. Paragraph (a) of subsection (1) of section
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99.021, Florida Statutes, is amended to read:
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99.021 Form of candidate oath.--
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(1)(a)1. Each candidate, whether a party candidate, a
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candidate with no party affiliation, or a write-in candidate, in
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order to qualify for nomination or election to any office other
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than a judicial office as defined in chapter 105 or a federal
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office, shall take and subscribe to an oath or affirmation in
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writing. A printed copy of the oath or affirmation shall be
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furnished to the candidate by the officer before whom such
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candidate seeks to qualify and shall be substantially in the
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following form:
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State of Florida
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County of_____
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Before me, an officer authorized to administer oaths,
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personally appeared (please print name as you wish it to appear
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on the ballot) , to me well known, who, being sworn, says that
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he or she is a candidate for the office of _____; that he or she
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is a qualified elector of _____ County, Florida; that he or she
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is qualified under the Constitution and the laws of Florida to
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hold the office to which he or she desires to be nominated or
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elected; that he or she has taken the oath required by ss.
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no other public office in the state, the term of which office or
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any part thereof runs concurrent with that of the office he or
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she seeks; and that he or she has resigned from any office from
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which he or she is required to resign pursuant to s. 99.012,
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Florida Statutes.
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(Signature of candidate)
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(Address)
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Sworn to and subscribed before me this _____ day of _____,
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(year) , at _____ County, Florida.
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(Signature and title of officer administering oath)
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2. Each candidate for federal office, whether a party
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candidate, a candidate with no party affiliation, or a write-in
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candidate, in order to qualify for nomination or election to
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office shall take and subscribe to an oath or affirmation in
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writing. A printed copy of the oath or affirmation shall be
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furnished to the candidate by the officer before whom such
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candidate seeks to qualify and shall be substantially in the
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following form:
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State of Florida
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County of _____
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Before me, an officer authorized to administer oaths,
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personally appeared (please print name as you wish it to appear
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on the ballot) , to me well known, who, being sworn, says that
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he or she is a candidate for the office of _____; that he or she
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is qualified under the Constitution and laws of the United States
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to hold the office to which he or she desires to be nominated or
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elected; and that he or she has qualified for no other public
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office in the state, the term of which office or any part thereof
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runs concurrent with that of the office he or she seeks; and that
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he or she has resigned from any office from which he or she is
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required to resign pursuant to s. 99.012, Florida Statutes.
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(Signature of candidate)
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(Address)
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Sworn to and subscribed before me this _____ day of _____,
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(year) , at _____ County, Florida.
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(Signature and title of officer administering oath)
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Section 11. Paragraph (b) of subsection (3) of section
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99.097, Florida Statutes, is amended to read:
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99.097 Verification of signatures on petitions.--
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(3)
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(b) If a voter signs a petition and lists an address other
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than the legal residence where the voter is registered, the
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petition shall not be counted. The supervisor shall mail to the
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voter a new voter registration application on which the voter may
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submit an address update, along with the reason the new
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application is being sent treat the signature as if the voter had
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listed the address where the voter is registered.
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Section 12. Section 100.221, Florida Statutes, is amended
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to read:
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100.221 General election laws to govern bond
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referenda.--The laws governing the holding of general elections
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are applicable to bond referenda, except as provided in ss.
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required to offer early voting for a bond referendum that is not
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held in conjunction with a county or state election. The places
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for voting in a bond referendum shall be the same as the places
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for voting in general elections, when a bond referendum is held
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in the county or district; however, but when a bond referendum is
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held in a municipality, the polling places shall be the same as
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in other municipal elections.
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Section 13. Section 100.361, Florida Statutes, is amended
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to read:
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100.361 Municipal recall.--
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(1) APPLICATION; DEFINITION RECALL PETITION.--Any member of
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the governing body of a municipality or charter county,
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hereinafter referred to in this section as "municipality," may be
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removed from office by the electors of the municipality. When the
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official represents a district and is elected only by electors
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residing in that district, only electors from that district are
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eligible to sign the petition to recall that official and are
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entitled to vote in the recall election. When the official
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represents a district and is elected at-large by the electors of
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the municipality, all electors of the municipality are eligible
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to sign the petition to recall that official and are entitled to
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vote in the recall election. Where used in this section, the term
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"district" shall be construed to mean the area or region of a
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municipality from which a member of the governing body is elected
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by the electors from such area or region. Members may be removed
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from office pursuant to by the procedures provided in this
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section. This method of removing members of the governing body of
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a municipality is in addition to any other method provided by
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state law. following procedure:
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(2) RECALL PETITION.--
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(a) Petition content.--A petition shall contain the name of
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be prepared naming the person sought to be recalled and
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containing a statement of grounds for recall. The statement of
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grounds may not exceed in not more than 200 words and the stated
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grounds are limited solely to those the grounds specified in
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paragraph (d) (b). If more than one member of the governing body
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is sought to be recalled, whether such member is elected by the
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electors of a district or by the electors of the municipality at-
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large, a separate recall petition shall be prepared for each
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member sought to be recalled. Upon request, the content of a
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petition should be, but is not required to be, provided by the
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proponent in alternative formats.
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(b) Requisite signatures.--
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1. In a municipality or district of fewer than 500
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electors, the petition shall be signed by at least 50 electors or
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by 10 percent of the total number of registered electors of the
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municipality or district as of the preceding municipal election,
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whichever is greater.
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2. In a municipality or district of 500 or more but fewer
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than 2,000 registered electors, the petition shall be signed by
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at least 100 electors or by 10 percent of the total number of
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registered electors of the municipality or district as of the
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preceding municipal election, whichever is greater.
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3. In a municipality or district of 2,000 or more but fewer
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than 5,000 registered electors, the petition shall be signed by
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at least 250 electors or by 10 percent of the total number of
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registered electors of the municipality or district as of the
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preceding municipal election, whichever is greater.
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4. In a municipality or district of 5,000 or more but fewer
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than 10,000 registered electors, the petition shall be signed by
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at least 500 electors or by 10 percent of the total number of
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registered electors of the municipality or district as of the
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preceding municipal election, whichever is greater.
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5. In a municipality or district of 10,000 or more but
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fewer than 25,000 registered electors, the petition shall be
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signed by at least 1,000 electors or by 10 percent of the total
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number of registered electors of the municipality or district as
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of the preceding municipal election, whichever is greater.
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6. In a municipality or district of 25,000 or more
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registered electors, the petition shall be signed by at least
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1,000 electors or by 5 percent of the total number of registered
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electors of the municipality or district as of the preceding
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municipal election, whichever is greater.
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Electors of the municipality or district making charges contained
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in the statement of grounds for recall and those signing the
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recall petition shall be designated as the "committee." A
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specific person shall be designated in the petition as chair of
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the committee to act for the committee. Electors of the
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municipality or district are eligible to sign the petition.
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Signatures and oaths of witnesses shall be executed as provided
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in paragraph (c). All signatures shall be obtained, as provided
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in paragraph (e), within a period of 30 days, and all signed and
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dated petition forms the petition shall be filed at the same
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time, no later than within 30 days after the date on which the
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first signature is obtained on the petition.
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(c) Recall committee.--Electors of the municipality or
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district making charges contained in the statement of grounds for
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recall, as well as those signing the recall petition, shall be
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designated as the recall committee. A specific person shall be
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designated in the petition as chair of the committee and this
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person shall act for the committee. The recall committee and the
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officer being recalled are subject to the provisions of chapter
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106.
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(d)(b) Grounds for recall.--The grounds for removal of
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elected municipal officials shall, for the purposes of this act,
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be limited to the following and must be contained in the
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petition:
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1. Malfeasance;
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2. Misfeasance;
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3. Neglect of duty;
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4. Drunkenness;
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5. Incompetence;
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6. Permanent inability to perform official duties; and
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7. Conviction of a felony involving moral turpitude.
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(e)(c) Signature process.--Only electors of the
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municipality or district are eligible to sign the petition. Each
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elector of the municipality signing a petition shall sign and
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date his or her name in ink or indelible pencil as registered in
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the office of the supervisor of elections and shall state on the
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petition his or her place of residence and voting precinct. Each
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petition shall contain appropriate lines for each elector's
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original the signature, printed name, and street address, city,
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county, voter registration number or date of birth, and date
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signed. The form shall also contain lines for of the elector and
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an oath, to be executed by a witness who is to verify thereof,
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verifying the fact that the witness saw each person sign the
511
counterpart of the petition, that each signature appearing
512
thereon is the genuine signature of the person it purports to be,
513
and that the petition was signed in the presence of the witness
514
on the date indicated.
515
(f)(d) Filing of signed petitions.--All signed petition
516
forms The petition shall be filed at the same time, no later than
517
30 days after the date on which the first signature is obtained
518
on the petition. with the auditor or clerk of the municipality or
519
charter county, or his or her equivalent, hereinafter referred to
520
as clerk, by The person designated as chair of the committee
521
shall file the signed petition forms with the auditor or clerk of
522
the municipality or charter county, or his or her equivalent,
523
hereinafter referred to as "clerk." The petition may not be
524
amended after it is filed with the clerk.
525
(g) Verification of signatures.--
526
1. Immediately after the filing of the petition forms, and,
527
when the petition is filed, the clerk shall submit such forms
528
petition to the county supervisor of elections. No more than 30
529
days after the date on which all petition forms are submitted to
530
the supervisor by the clerk, the supervisor who shall promptly
531
verify the signatures in accordance with s. 99.097, and within a
532
period of not more than 30 days after the petition is filed with
533
the supervisor, determine whether the requisite number of valid
534
signatures has been obtained for the petition contains the
535
required valid signatures. The committee seeking verification of
536
the signatures shall pay in advance to the supervisor the sum of
537
10 cents for each signature checked or the actual cost of
538
checking such signatures, whichever is less. The petition cannot
539
be amended after it is filed with the clerk. The supervisor shall
540
be paid by the persons or committee seeking verification the sum
541
of 10 cents for each name checked.
542
2. Upon filing with the clerk, the petition and all
543
subsequent papers or forms required or permitted to be filed with
544
the clerk in connection with this section must, upon request, be
545
made available in alternative formats by the clerk.
546
3.(e) If the supervisor determines it is determined that
547
the petition does not contain the requisite number of verified
548
and valid required signatures, the clerk shall, upon receipt of
549
such written determination, so certify to the governing body of
550
the municipality or charter county and file the petition without
551
taking further action, and the matter shall be at an end. No
552
additional names may be added to the petition, and the petition
553
shall not be used in any other proceeding.
554
4.(f) If the supervisor determines it is determined that
555
the petition has the requisite number of verified and valid
556
required signatures, then the procedures outlined in subsection
557
(3) must be followed.
558
(3) RECALL PETITION AND DEFENSE.--
559
(a) Notice.--Upon receipt of a written determination that
560
the requisite number of signatures has been obtained, the clerk
561
shall at once serve upon the person sought to be recalled a
562
certified copy of the petition. Within 5 days after service, the
563
person sought to be recalled may file with the clerk a defensive
564
statement of not more than 200 words.
565
(b) Content and preparation.--Within 5 days after the date
566
of receipt of the defensive statement or after the last date a
567
defensive statement could have been filed, the clerk shall,
568
within 5 days, prepare a document entitled "Recall Petition and
569
Defense." The "Recall Petition and Defense" shall consist
570
sufficient number of typewritten, printed, or mimeographed copies
571
of the recall petition, including copies of the originally signed
572
petitions and counterparts. The "Recall Petition and Defense"
573
must contain lines which conform to the provisions of paragraph
574
(2)(e)., and the and defensive statement or, if no defensive
575
statement has been filed, a statement to that effect. The clerk
576
shall make copies of the "Recall Petition and Defense" which are
577
sufficient to carry the signatures of 30 percent of the
578
registered electors. Immediately after preparing and making
579
sufficient copies of the "Recall Petition and Defense," the clerk
580
shall as well as the names, addresses, and oaths on the original
581
petition, and deliver the copies them to the person who has been
582
designated as chair of the committee and take his or her receipt
583
therefor. Such prepared copies shall be entitled "Recall Petition
584
and Defense" and shall contain lines and spaces for signatures
585
and printed names of registered electors, place of residence,
586
election precinct number, and date of signing, together with
587
oaths to be executed by the witnesses which conform to the
588
provisions of paragraph (c). The clerk shall deliver forms
589
sufficient to carry the signatures of 30 percent of the
590
registered electors.
591
(c)(g) Requisite signatures.--Upon receipt of the "recall
592
petition and defense," the committee may circulate them to obtain
593
the signatures of 15 percent of the electors. All signatures
594
shall be obtained and all signed petition forms filed with the
595
clerk no later than 60 days after delivery of the "Recall
596
Petition and Defense" to the chair of the committee. Any elector
597
who signs a recall petition shall have the right to demand in
598
writing that his or her name be stricken from the petition. A
599
written demand signed by the elector shall be filed with the
600
clerk and upon receipt of the demand the clerk shall strike the
601
name of the elector from the petition and place his or her
602
initials to the side of the signature stricken. However, no
603
signature may be stricken after the clerk has delivered the
604
"Recall Petition and Defense" to the supervisor of elections for
605
verification.
606
(d)(h) Signed petitions; request for striking name.--Within
607
60 days after delivery of the "Recall Petition and Defense" to
608
the chair, the chair shall file with the clerk the "Recall
609
Petition and Defense" which bears the signatures of electors. The
610
clerk shall assemble all signed petitions, check to see that each
611
petition is properly verified by the oath of a witness, and
612
submit such petitions to the county supervisor of elections. Any
613
elector who signs a recall petition has the right to demand in
614
writing that his or her name be stricken from the petition. A
615
written demand signed by the elector shall be filed with the
616
clerk and upon receipt of the demand, the clerk shall strike the
617
name of the elector from the petition and place his or her
618
initials to the side of the signature stricken. However, a
619
signature may not be stricken after the clerk has delivered the
620
"Recall Petition and Defense" to the supervisor for verification
621
of the signatures.
622
(e) Verification of signatures.--Within 30 days after
623
receipt of the signed "Recall Petition and Defense," the
624
supervisor, who shall determine the number of valid signatures,
625
purge the names withdrawn, and certify within 30 days whether 15
626
percent of the qualified electors of the municipality have signed
627
the petitions, and report his or her findings to the governing
628
body. The supervisor shall be paid by the persons or committee
629
seeking verification the sum of 10 cents for each name checked.
630
(f)(i) Reporting.--If the supervisor determines that the
631
requisite number of signatures has not been obtained petitions do
632
not contain the required signatures, the clerk shall, upon
633
receipt of such written determination, certify report such
634
determination fact to the governing body and retain file the
635
petitions., The proceedings shall be terminated, and the
636
petitions shall not again be used. If the supervisor determines
637
that signatures do amount to at least 15 percent of the qualified
638
electors signed the petition, the clerk shall, immediately upon
639
receipt of such written determination, serve notice of that
640
determination fact upon the person sought to be recalled and
641
deliver to the governing body a certificate as to the percentage
642
of qualified electors voters who signed.
643
(4)(2) RECALL ELECTION.--If the person designated in the
644
petition files with the clerk, within 5 days after the last-
645
mentioned notice, his or her written resignation, the clerk shall
646
at once notify the governing body of that fact, and the
647
resignation shall be irrevocable. The governing body shall then
648
proceed to fill the vacancy according to the provisions of the
649
appropriate law. In the absence of a resignation, the chief judge
650
of the judicial circuit in which the municipality is located
651
shall fix a day for holding a recall election for the removal of
652
those not resigning. Any such election shall be held not less
653
than 30 days or more than 60 days after the expiration of the 5-
654
day period last-mentioned and at the same time as any other
655
general or special election held within the period; but if no
656
such election is to be held within that period, the judge shall
657
call a special recall election to be held within the period
658
aforesaid.
659
(5)(3) BALLOTS.--The ballots at the recall election shall
660
conform to the following: With respect to each person whose
661
removal is sought, the question shall be submitted: "Shall _____
662
be removed from the office of _____ by recall?" Immediately
663
following each question there shall be printed on the ballots the
664
two propositions in the order here set forth:
665
" (name of person) should be removed from office."
666
" (name of person) should not be removed from office."
667
(6)(4) FILLING OF VACANCIES; SPECIAL ELECTIONS.--
668
(a) If an election is held for the recall of members
669
elected only at-large, candidates to succeed them for the
670
unexpired terms shall be voted upon at the same election and
671
shall be elected in the same manner as provided by the
672
appropriate law for the election of candidates at general
673
elections. Candidates shall not be elected to succeed any
674
particular member. If only one member is removed, the candidate
675
receiving the highest number of votes shall be declared elected
676
to fill the vacancy. If more than one member is removed,
677
candidates equal in number to the number of members removed shall
678
be declared elected to fill the vacancies; and, among the
679
successful candidates, those receiving the greatest number of
680
votes shall be declared elected for the longest terms. Cases of
681
ties, and all other matters not herein specially provided for,
682
shall be determined by the rules governing elections generally.
683
(b) If an election is held for the recall of members
684
elected only from districts, candidates to succeed them for the
685
unexpired terms shall be voted upon at a special election called
686
by the chief judge of the judicial circuit in which the districts
687
are located not less than 30 days or more than 60 days after the
688
expiration of the recall election. The qualifying period, for
689
purposes of this section, shall be established by the chief judge
690
of the judicial circuit after consultation with the clerk. Any
691
candidate seeking election to fill the unexpired term of a
692
recalled district municipal official shall reside in the district
693
represented by the recalled official and qualify for office in
694
the manner required by law. Each candidate receiving the highest
695
number of votes for each office in the special district recall
696
election shall be declared elected to fill the unexpired term of
697
the recalled official. Candidates seeking election to fill a
698
vacancy created by the removal of a municipal official shall be
699
subject to the provisions of chapter 106.
700
(c) When an election is held for the recall of members of
701
the governing body composed of both members elected at-large and
702
from districts, candidates to succeed them for the unexpired
703
terms shall be voted upon at a special election as provided in
704
paragraph (b).
705
(d) However, in any recall election held pursuant to
706
paragraph (b) or paragraph (c), if only one member is voted to be
707
removed from office, the vacancy created by the recall shall be
708
filled by the governing body according to the provisions of the
709
appropriate law for filling vacancies.
710
(7)(5) EFFECT OF RESIGNATIONS.--If the member of the
711
governing body being recalled resigns from office prior to the
712
recall election, the remaining members shall fill the vacancy
713
created according to the appropriate law for filling vacancies.
714
If all of the members of the governing body are sought to be
715
recalled and all of the members resign prior to the recall
716
election, the recall election shall be canceled, and a special
717
election shall be called to fill the unexpired terms of the
718
resigning members. If all of the members of the governing body
719
are sought to be recalled and any of the members resign prior to
720
the recall election, the proceedings for the recall of members
721
not resigning and the election of successors to fill the
722
unexpired terms shall continue and have the same effect as though
723
there had been no resignation.
724
(8)(6) WHEN PETITION MAY BE FILED.--No petition to recall
725
any member of the governing body of a municipality shall be filed
726
until the member has served one-fourth of his or her term of
727
office. No person removed by a recall, or resigning after a
728
petition has been filed against him or her, shall be eligible to
729
be appointed to the governing body within a period of 2 years
730
after the date of such recall or resignation.
731
(9) RETENTION OF PETITION.--The clerk shall preserve in his
732
or her office all papers comprising or connected with a petition
733
for recall for a period of 2 years after they were filed. This
734
method of removing members of the governing body of a
735
municipality is in addition to such other methods now or
736
hereafter provided by the general laws of this state.
737
(10)(7) OFFENSES RELATING TO PETITIONS.--No person shall
738
impersonate another, purposely write his or her name or residence
739
falsely in the signing of any petition for recall or forge any
740
name thereto, or sign any paper with knowledge that he or she is
741
not a qualified elector of the municipality. No expenditures for
742
campaigning for or against an officer being recalled shall be
743
made until the date on which the recall election is to be held is
744
publicly announced. The committee and the officer being recalled
745
shall be subject to chapter 106. No person shall employ or pay
746
another to accept employment or payment for circulating or
747
witnessing a recall petition. Any person violating any of the
748
provisions of this section commits shall be deemed guilty of a
749
misdemeanor of the second degree and shall, upon conviction, be
750
punished as provided by law.
751
(11)(8) INTENT.--It is the intent of the Legislature that
752
the recall procedures provided in this act shall be uniform
753
statewide. Therefore, all municipal charter and special law
754
provisions which are contrary to the provisions of this act are
755
hereby repealed to the extent of this conflict.
756
(12)(9) PROVISIONS APPLICABLE.--The provisions of this act
757
shall apply to cities and charter counties whether or not they
758
have adopted recall provisions.
759
Section 14. Effective July 1, 2008, subsections (3), (4),
760
and (6) of section 100.371, Florida Statutes, are amended to
761
read:
762
100.371 Initiatives; procedure for placement on ballot.--
763
(3) An initiative petition form circulated for signature
764
may not be bundled with or attached to any other petition. Each
765
signature shall be dated when made and shall be valid for a
766
period of 4 years following such date, provided all other
767
requirements of law are met. The sponsor shall submit signed and
768
dated forms to the appropriate supervisor of elections for
769
verification as to the number of registered electors whose valid
770
signatures appear thereon. The supervisor shall promptly verify
771
the signatures within 30 days of receipt of the petition forms
772
and payment of the fee required by s. 99.097. The supervisor
773
shall promptly record in the statewide voter registration system,
774
in the manner prescribed by the Secretary of State, the date each
775
form is received by the supervisor, and the date the signature on
776
the form is verified as valid. The supervisor may verify that the
777
signature on a form is valid only if:
778
(a) The form contains the original signature of the
779
purported elector.
780
(b) The purported elector has accurately recorded on the
781
form the date on which he or she signed the form.
782
(c) The form accurately sets forth the purported elector's
783
name, street address, county, and voter registration number or
784
date of birth.
785
(d) The purported elector is, at the time he or she signs
786
the form, a duly qualified and registered elector authorized to
787
vote in the county in which his or her signature is submitted.
788
789
The supervisor shall retain the signature forms for at least 1
790
year following the election in which the issue appeared on the
791
ballot or until the Division of Elections notifies the
792
supervisors of elections that the committee which circulated the
793
petition is no longer seeking to obtain ballot position.
794
(4) The Secretary of State shall determine from the
795
signatures verified by the supervisors of elections and recorded
796
in the statewide voter registration system the total number of
797
verified valid signatures and the distribution of such signatures
798
by congressional districts. Upon a determination that the
799
requisite number and distribution of valid signatures have been
800
obtained, the secretary shall issue a certificate of ballot
801
position for that proposed amendment and shall assign a
802
designating number pursuant to s. 101.161.
803
(6)(a) An elector's signature on a petition form may be
804
revoked within 150 days of the date on which he or she signed the
805
petition form by submitting to the appropriate supervisor of
806
elections a signed petition-revocation form adopted by rule for
807
this purpose by the division.
808
(b) The petition-revocation form and the manner in which
809
signatures are obtained, submitted, and verified shall be subject
810
to the same relevant requirements and timeframes as the
811
corresponding petition form and processes under this code and
812
shall be approved by the Secretary of State before any signature
813
on a petition-revocation form is obtained.
814
(c) In those circumstances in which a petition-revocation
815
form for a corresponding initiative petition has not been
816
submitted and approved, an elector may complete and submit a
817
standard petition-revocation form directly to the supervisor of
818
elections. All other requirements and processes apply for the
819
submission and verification of the signatures as for initiative
820
petitions.
821
(d) Supervisors of elections shall provide petition-
822
revocation forms to the public at all main and branch offices.
823
(e)(d) The petition-revocation form shall be filed with the
824
supervisor of elections by February 1 preceding the next general
825
election or, if the initiative amendment is not certified for
826
ballot position in that election, by February 1 preceding the
827
next successive general election. The supervisor of elections
828
shall promptly verify the signature on the petition-revocation
829
form and process such revocation upon payment, in advance, of a
830
fee of 10 cents or the actual cost of verifying such signature,
831
whichever is less. The supervisor shall promptly record each
832
valid and verified signature on a petition-revocation form in the
833
statewide voter registration system in the manner prescribed by
834
the Secretary of State.
835
(f) The division shall adopt by rule the petition-
836
revocation forms to be used under this subsection.
837
Section 15. Section 101.041, Florida Statutes, is amended
838
to read:
839
101.041 Secret voting.--In all elections held on any
840
subject which may be submitted to a vote, and for all or any
841
state, county, district, or municipal officers, the voting shall
842
be by secret, official ballot printed and distributed as provided
843
by this code, and no vote shall be received or counted in any
844
election, except as prescribed by this code.
845
Section 16. Section 101.045, Florida Statutes, is amended
846
to read:
847
101.045 Electors must be registered in precinct; provisions
848
for change of residence or name change.--
849
(1) No person shall be permitted to vote in any election
850
precinct or district other than the one in which the person has
851
his or her legal residence and in which the person is registered.
852
However, a person temporarily residing outside the county shall
853
be registered in the precinct in which the main office of the
854
supervisor, as designated by the supervisor, is located when the
855
person has no permanent address in the county and it is the
856
person's intention to remain a resident of Florida and of the
857
county in which he or she is registered to vote. Such persons who
858
are registered in the precinct in which the main office of the
859
supervisor, as designated by the supervisor, is located and who
860
are residing outside the county with no permanent address in the
861
county shall not be registered electors of a municipality and
862
therefore shall not be permitted to vote in any municipal
863
election.
864
(2)(a) An elector who moves from the precinct in which the
865
elector is registered may be permitted to vote in the precinct to
866
which he or she has moved his or her legal residence, provided
867
such elector completes an affirmation in substantially the
868
following form:
869
870
Change of Legal Residence of Registered
871
Voter
872
873
Under penalties for false swearing, I, (Name of voter) , swear
874
(or affirm) that the former address of my legal residence was
875
(Address of legal residence) in the municipality of _____, in
876
_____ County, Florida, and I was registered to vote in the _____
877
precinct of _____ County, Florida; that I have not voted in the
878
precinct of my former registration in this election; that I now
879
reside at (Address of legal residence) in the Municipality of
880
_____, in _____ County, Florida, and am therefore eligible to
881
vote in the _____ precinct of _____ County, Florida; and I
882
further swear (or affirm) that I am otherwise legally registered
883
and entitled to vote.
884
885
(Signature of voter whose address of legal residence has
886
changed)
887
(b) An elector whose name changes because of marriage or
888
other legal process may be permitted to vote, provided such
889
elector completes an affirmation in substantially the following
890
form:
891
892
Change of Name of Registered
893
Voter
894
895
Under penalties for false swearing, I, (New name of voter) ,
896
swear (or affirm) that my name has been changed because of
897
marriage or other legal process. My former name and address of
898
legal residence appear on the registration records of precinct
899
_____ as follows:
900
Name
901
Address
902
Municipality
903
County
904
Florida, Zip
905
My present name and address of legal residence are as follows:
906
Name
907
Address
908
Municipality
909
County
910
Florida, Zip
911
and I further swear (or affirm) that I am otherwise legally
912
registered and entitled to vote.
913
914
(Signature of voter whose name has changed)
915
(c) Instead of the affirmation contained in paragraph (a)
916
or paragraph (b), an elector may complete a voter registration
917
application that indicates the change of name or change of
918
address of legal residence.
919
(d) Such affirmation or application, when completed and
920
presented at the precinct in which such elector is entitled to
921
vote, and upon verification of the elector's registration, shall
922
entitle such elector to vote as provided in this subsection. If
923
the elector's eligibility to vote cannot be determined, he or she
924
shall be entitled to vote a provisional ballot, subject to the
925
requirements and procedures in s. 101.048. Upon receipt of an
926
affirmation or application certifying a change in address of
927
legal residence or name, the supervisor shall as soon as
928
practicable make the necessary changes in the statewide voter
929
registration system to indicate the change in address of legal
930
residence or name of such elector.
931
(d) Instead of the affirmation contained in paragraph (a)
932
or paragraph (b), an elector may complete a voter registration
933
application that indicates the change of name or change of
934
address of legal residence.
935
Section 17. Section 101.111, Florida Statutes, is amended
936
to read:
937
101.111 Person desiring to vote may be challenged;
938
challenger to execute oath; oath of person challenged;
939
determination of challenge.--
940
(1)(a) Any registered elector or poll watcher of a county
941
may challenge the right of a person to vote in that county. When
942
the right to vote of any person who desires to vote is challenged
943
by any elector or poll watcher, The challenge must be in shall be
944
reduced to writing and contain the following oath with an oath as
945
provided in this section, giving reasons for the challenge, which
946
shall be delivered to the clerk or inspector. Any elector or poll
947
watcher challenging the right of a person to vote shall execute
948
the oath set forth below:
949
950
OATH OF PERSON ENTERING CHALLENGE
951
952
State of Florida
953
County of _____
954
955
I do solemnly swear or affirm that my name is _____; that I am a
956
member of the _____ Party; that I am a registered voter or
957
pollwatcher; that my residence address is _____, in the
958
municipality of _____; and that I have reason to believe that
959
_____ is attempting to vote illegally and the reasons for my
960
belief are set forth herein to wit:
961
(Signature of person challenging voter)
962
963
Sworn and subscribed to before me this _____ day of _____,
964
(year) .
965
(Clerk of election)
966
(b)(2) The clerk or inspector shall immediately deliver to
967
the challenged person a copy of the oath of the person entering
968
the challenge, and the challenged voter shall be allowed to cast
969
a provisional ballot in accordance with s. 101.048.
970
(c)(3) Alternatively, a challenge in accordance with this
971
section may be filed in advance with the supervisor of elections
972
no Any elector or poll watcher may challenge the right of any
973
voter to vote not sooner than 30 days before an election by
974
filing a completed copy of the oath contained in subsection (1)
975
to the supervisor of election's office. The supervisor shall
976
promptly provide the election board in the challenged voter's
977
precinct with a copy of the oath of the person entering the
978
challenge. The challenged voter shall be allowed permitted to
979
cast a provisional ballot in accordance with s. 101.048.
980
(2)(4) Any elector or poll watcher filing a frivolous
981
challenge of any person's right to vote commits a misdemeanor of
982
the first degree, punishable as provided in s. 775.082 or s.
983
775.083; however, electors or poll watchers shall not be subject
984
to liability for any action taken in good faith and in
985
furtherance of any activity or duty permitted of such electors or
986
poll watchers by law. Each instance where any elector or poll
987
watcher files a frivolous challenge of any person's right to vote
988
constitutes a separate offense.
989
Section 18. Section 101.23, Florida Statutes, is amended to
990
read:
991
101.23 Election inspector to keep list of those voting.--
992
(1) When any person has been admitted to vote, the person's
993
name shall be checked by the clerk or one of the inspectors at
994
the place indicated upon the registration books or voter history
995
form provided by the supervisor. One of the inspectors shall, at
996
the same time, keep a poll list containing names of electors who
997
have voted or a list of registered electors, on which those
998
electors who have voted are indicated. Such lists shall be
999
available for inspection during regular voting hours by poll
1000
watchers designated and appointed pursuant to s. 101.131, except
1001
that the election inspector may regulate access to the lists so
1002
as to ensure that such inspection does not unreasonably interfere
1003
with the orderly operation of the polling place.
1004
(2) The inspectors shall prevent any person from voting a
1005
second time when they have reason to believe that the person has
1006
voted. They shall refuse to allow any person to vote who is not a
1007
qualified elector or who has become disqualified to vote in the
1008
precinct, and may prevent any elector from consuming more than 5
1009
minutes in voting.
1010
Section 19. Effective July 1, 2008, subsection (1) of
1011
section 101.51, Florida Statutes, is amended to read:
1012
101.51 Electors to occupy booth alone.--
1013
(1) When the elector presents himself or herself to vote,
1014
an the election official shall ascertain whether the elector's
1015
name is upon the register of electors, and, if the elector's name
1016
appears and no challenge interposes, or, if interposed, be not
1017
sustained, one of the election official officials stationed at
1018
the entrance shall announce the name of the elector and permit
1019
the elector him or her to enter the booth or compartment to cast
1020
his or her vote, allowing only one elector at a time to pass
1021
through to vote. An elector, while casting his or her ballot, may
1022
not occupy a booth or compartment already occupied or speak with
1023
anyone, except as provided by s. 101.051.
1024
Section 20. Effective July 1, 2008, paragraph (a) of
1025
subsection (2) of section 101.5608, Florida Statutes, is amended
1026
to read:
1027
101.5608 Voting by electronic or electromechanical method;
1028
procedures.--
1029
(2) When an electronic or electromechanical voting system
1030
utilizes a ballot card or marksense ballot, the following
1031
procedures shall be followed:
1032
(a) After receiving a ballot from an inspector, the elector
1033
shall, without leaving the polling place, retire to a booth or
1034
compartment and mark the ballot. After marking preparing his or
1035
her ballot, the elector shall place the ballot in a secrecy
1036
envelope with the stub exposed or shall fold over that portion on
1037
which write-in votes may be cast, as instructed, so that the
1038
ballot will be deposited in the tabulator ballot box without
1039
exposing the voter's choices. Before the ballot is deposited in
1040
the ballot box, the inspector shall detach the exposed stub and
1041
place it in a separate envelope for audit purposes; when a fold-
1042
over ballot is used, the entire ballot shall be placed in the
1043
ballot box.
1044
Section 21. Effective July 1, 2008, subsection (2) of
1045
section 101.6102, Florida Statutes, is amended to read:
1046
101.6102 Mail ballot elections; limitations.--
1047
(2) Except as provided in s. 101.733(1), the following
1048
elections may not be conducted by mail ballot:
1049
(a) An election at which any candidate is nominated,
1050
elected, retained, or recalled; or
1051
(b) An election held on the same date as another election,
1052
other than a mail ballot election, in which the qualified
1053
electors of that political subdivision are eligible to cast
1054
ballots.
1055
Section 22. Subsection (2) of section 101.6923, Florida
1056
Statutes, is amended to read:
1057
101.6923 Special absentee ballot instructions for certain
1058
first-time voters.--
1059
(2) A voter covered by this section shall be provided with
1060
printed instructions with his or her absentee ballot in
1061
substantially the following form:
1062
1063
1064
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
1065
FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO
1066
COUNT.
1067
1068
1. In order to ensure that your absentee ballot will be
1069
counted, it should be completed and returned as soon as possible
1070
so that it can reach the supervisor of elections of the county in
1071
which your precinct is located no later than 7 p.m. on the date
1072
of the election.
1073
2. Mark your ballot in secret as instructed on the ballot.
1074
You must mark your own ballot unless you are unable to do so
1075
because of blindness, disability, or inability to read or write.
1076
3. Mark only the number of candidates or issue choices for
1077
a race as indicated on the ballot. If you are allowed to "Vote
1078
for One" candidate and you vote for more than one, your vote in
1079
that race will not be counted.
1080
4. Place your marked ballot in the enclosed secrecy
1081
envelope and seal the envelope.
1082
5. Insert the secrecy envelope into the enclosed envelope
1083
bearing the Voter's Certificate. Seal the envelope and completely
1084
fill out the Voter's Certificate on the back of the envelope.
1085
a. You must sign your name on the line above (Voter's
1086
Signature).
1087
b. If you are an overseas voter, you must include the date
1088
you signed the Voter's Certificate on the line above (Date) or
1089
your ballot may not be counted.
1090
6. Unless you meet one of the exemptions in Item 7., you
1091
must make a copy of one of the following forms of identification:
1092
a. Identification which must include your name and
1093
photograph: United States passport; employee badge or
1094
identification; buyer's club identification card; debit or credit
1095
card; military identification; student identification; retirement
1096
center identification; neighborhood association identification;
1097
or public assistance identification; or
1098
b. Identification which shows your name and current
1099
residence address: current utility bill, bank statement,
1100
government check, paycheck, or government document (excluding
1101
voter identification card).
1102
7. The identification requirements of Item 6. do not apply
1103
if you meet one of the following requirements:
1104
a. You are 65 years of age or older.
1105
b. You have a temporary or permanent physical disability.
1106
c. You are a member of a uniformed service on active duty
1107
who, by reason of such active duty, will be absent from the
1108
county on election day.
1109
d. You are a member of the Merchant Marine who, by reason
1110
of service in the Merchant Marine, will be absent from the county
1111
on election day.
1112
e. You are the spouse or dependent of a member referred to
1113
in paragraph c. or paragraph d. who, by reason of the active duty
1114
or service of the member, will be absent from the county on
1115
election day.
1116
f. You are currently residing outside the United States.
1117
8. Place the envelope bearing the Voter's Certificate into
1118
the mailing envelope addressed to the supervisor. Insert a copy
1119
of your identification in the mailing envelope. DO NOT PUT YOUR
1120
IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1121
INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1122
BALLOT WILL NOT COUNT.
1123
9. Mail, deliver, or have delivered the completed mailing
1124
envelope. Be sure there is sufficient postage if mailed.
1125
10. FELONY NOTICE. It is a felony under Florida law to
1126
accept any gift, payment, or gratuity in exchange for your vote
1127
for a candidate. It is also a felony under Florida law to vote in
1128
an election using a false identity or false address, or under any
1129
other circumstances making your ballot false or fraudulent.
1130
Section 23. Effective July 1, 2008, section 101.733,
1131
Florida Statutes, is amended to read:
1132
101.733 Election emergency; purpose; elections emergency
1133
contingency plan.--Because of the existing and continuing
1134
possibility of an emergency or common disaster occurring before
1135
or during a regularly scheduled or special election, and in order
1136
to ensure maximum citizen participation in the electoral process
1137
and provide a safe and orderly procedure for persons seeking to
1138
exercise their right to vote, generally to minimize to whatever
1139
degree possible a person's exposure to danger during declared
1140
states of emergency, and to protect the integrity of the
1141
electoral process, it is hereby found and declared to be
1142
necessary to designate a procedure for the emergency suspension
1143
or delay and rescheduling of elections.
1144
(1) The Governor may, upon issuance of an executive order
1145
declaring a state of emergency or impending emergency, suspend
1146
any election, or delay any election, or call for a mail ballot
1147
election. The Governor may take such action independently or at
1148
the request of the Secretary of State, a supervisor of elections
1149
from a county affected by the emergency circumstances, or a
1150
municipal clerk from a municipality affected by the emergency
1151
circumstances.
1152
(2) The Governor, upon consultation with the Secretary of
1153
State, shall reschedule any election suspended or delayed due to
1154
an emergency. The election shall be held within 10 days after the
1155
date of the suspended or delayed election or as soon thereafter
1156
as is practicable. Notice of the election shall be provided in
1157
any reasonable manner to include, where practicable, publication
1158
published at least once in a newspaper of general circulation in
1159
the affected area and, where practicable, broadcast as a public
1160
service announcement on radio and television stations at least 1
1161
week prior to the date the election is to be held.
1162
(3) The Division of Elections of the Department of State
1163
shall adopt, by rule, an elections emergency contingency plan,
1164
which shall contain goals and policies that give specific
1165
direction to state and local elections officials when an election
1166
has been suspended, an election has been or delayed, or a mail
1167
ballot election has been called due to an emergency. The
1168
contingency plan shall be statewide in scope and shall address,
1169
but not be limited to, the following concerns:
1170
(a) Providing a procedure and timelines for state and local
1171
elections officials to follow when an election has been suspended
1172
or delayed or a mail ballot election has been called to ensure
1173
notice of the suspended, delayed, or mail ballot election
1174
suspension or delay to the proper authorities, the electorate,
1175
the communications media, poll workers, and the custodians of
1176
polling places.
1177
(b) Providing a procedure for the orderly conduct of a
1178
rescheduled election or a mail ballot election, whether
1179
municipal, county, district, or statewide in scope; coordinating
1180
those efforts with the appropriate elections official, and the
1181
members of the governing body holding such election, if
1182
appropriate; and working with the appropriate emergency
1183
management officials in determining the safety of existing
1184
polling places or designating additional polling places.
1185
(c) Providing a procedure for the release and certification
1186
of election returns to the department for elections suspended or
1187
delayed and subsequently rescheduled or for mail ballot elections
1189
Section 24. Effective July 1, 2008, subsection (3) of
1190
section 101.75, Florida Statutes, is amended to read:
1191
101.75 Municipal elections; change of dates for cause.--
1192
(3) Notwithstanding any provision of local law or municipal
1193
charter, for any municipality whose election is scheduled to be
1194
held in March 2008, the governing body of a the municipality,
1195
notwithstanding any municipal charter provision, may, by
1196
ordinance, move the date of any the general municipal election in
1197
2008 and in each subsequent year that is a multiple of 4 to a the
1198
date concurrent with any statewide or countywide election the
1199
presidential preference primary. The dates for qualifying for the
1200
general municipal election moved by the passage of such an
1201
ordinance shall be specifically provided for in the ordinance and
1202
shall run for no less than 14 days. The term of office for any
1203
elected municipal official shall commence as provided by the
1204
relevant municipal charter or ordinance, and the term of office
1205
for any elected municipal official whose term was due to expire
1206
in March 2008 shall expire as provided by the relevant municipal
1207
charter or ordinance.
1208
Section 25. Effective July 1, 2008, subsection (7) of
1209
section 102.014, Florida Statutes, is amended to read:
1210
102.014 Poll worker recruitment and training.--
1211
(7) The Department of State shall develop a mandatory,
1212
statewide, and uniform program for training poll workers on
1213
issues of etiquette and sensitivity with respect to voters having
1214
a disability. The program must consist of approximately 1 hour of
1215
the required number of hours set forth in paragraph (4)(a). The
1216
program must be conducted locally by each supervisor of
1217
elections, and who shall periodically certify to the Department
1218
of State whether each poll worker must complete has completed the
1219
program before working during the current election cycle. The
1220
supervisor of elections shall contract with a recognized
1221
disability-related organization, such as a center for independent
1222
living, family network on disabilities, deaf service bureau, or
1223
other such organization, to develop and assist with training the
1224
trainers in the disability sensitivity programs. The program must
1225
include actual demonstrations of obstacles confronted by disabled
1226
persons during the voting process, including obtaining access to
1227
the polling place, traveling through the polling area, and using
1228
the voting system.
1229
Section 26. Effective July 1, 2008, paragraph (b) of
1230
subsection (4) of section 102.031, Florida Statutes, is amended
1231
to read:
1232
102.031 Maintenance of good order at polls; authorities;
1233
persons allowed in polling rooms and early voting areas; unlawful
1234
solicitation of voters.--
1235
(4)
1236
(b) For the purpose of this subsection, the terms term
1237
"solicit" or "solicitation" shall include, but not be limited to,
1238
seeking or attempting to seek any vote, fact, opinion, or
1239
contribution; distributing or attempting to distribute any
1240
political or campaign material, leaflet, or handout; conducting a
1241
poll except as specified in this paragraph; seeking or attempting
1242
to seek a signature on any petition; and selling or attempting to
1243
sell any item. The terms "solicit" or "solicitation" shall not be
1244
construed to prohibit exit polling.
1245
Section 27. Effective July 1, 2008, subsection (1) of
1246
section 102.112, Florida Statutes, is amended to read:
1247
102.112 Deadline for submission of county returns to the
1248
Department of State.--
1249
(1) The county canvassing board or a majority thereof shall
1250
file the county returns for the election of a federal or state
1251
officer with the Department of State immediately after
1252
certification of the election results. The returns must contain a
1253
certification by the canvassing board that the board has compared
1254
reconciled the number of persons who voted with the number of
1255
ballots counted and that the certification includes all valid
1256
votes cast in the election.
1257
Section 28. Subsection (2) of section 103.101, Florida
1258
Statutes, is amended to read:
1259
103.101 Presidential preference primary.--
1260
(2)(a) There shall be a Presidential Candidate Selection
1261
Committee composed of the Secretary of State, who shall be a
1262
nonvoting chair; the Speaker of the House of Representatives; the
1263
President of the Senate; the minority leader of each house of the
1264
Legislature; and the chair of each political party required to
1265
have a presidential preference primary under this section.
1266
(b)(a) By October 31 of the year preceding the presidential
1267
preference primary, each political party shall submit to the
1268
Secretary of State a list of its presidential candidates to be
1269
placed on the presidential preference primary ballot or
1270
candidates entitled to have delegates appear on the presidential
1271
preference primary ballot. The Secretary of State shall prepare
1272
and publish a list of the names of the presidential candidates
1273
submitted. The Secretary of State shall submit such list of names
1274
of presidential candidates to the selection committee on the
1275
first Tuesday after the first Monday in November of the year
1276
preceding the presidential preference primary. Each person
1277
designated as a presidential candidate shall have his or her name
1278
appear, or have his or her delegates' names appear, on the
1279
presidential preference primary ballot unless all committee
1280
members of the same political party as the candidate agree to
1281
delete such candidate's name from the ballot.
1282
(c) The selection committee shall meet in Tallahassee on
1283
the first Tuesday after the first Monday in November of the year
1284
preceding the presidential preference primary. The selection
1285
committee shall publicly announce and submit to the Department of
1286
State no later than 5 p.m. on the following day the names of
1287
presidential candidates who shall have their names appear, or who
1288
are entitled to have their delegates' names appear, on the
1289
presidential preference primary ballot. The Department of State
1290
shall immediately notify each presidential candidate designated
1291
by the committee. Such notification shall be in writing, by
1292
registered mail, with return receipt requested.
1293
(b) Any presidential candidate whose name does not appear
1294
on the list submitted to the Secretary of State may request that
1295
the selection committee place his or her name on the ballot. Such
1296
request shall be made in writing to the Secretary of State no
1297
later than the second Tuesday after the first Monday in November
1298
of the year preceding the presidential preference primary.
1299
(c) If a presidential candidate makes a request that the
1300
selection committee reconsider placing the candidate's name on
1301
the ballot, the selection committee will reconvene no later than
1302
the second Thursday after the first Monday in November of the
1303
year preceding the presidential preference primary to reconsider
1304
placing the candidate's name on the ballot. The Department of
1305
State shall immediately notify such candidate of the selection
1306
committee's decision.
1307
Section 29. Paragraph (c) of subsection (3) of section
1308
190.006, Florida Statutes, is amended to read:
1309
190.006 Board of supervisors; members and meetings.--
1310
(3)
1311
(c) Candidates seeking election to office by qualified
1312
electors under this subsection shall conduct their campaigns in
1313
accordance with the provisions of chapter 106 and shall file
1314
qualifying papers and qualify for individual seats in accordance
1315
with s. 99.061. Candidates shall pay a qualifying fee, which
1316
shall consist of a filing fee and an election assessment or, as
1317
an alternative, shall file a petition signed by not less than 1
1318
percent of the registered voters of the district, and take the
1319
oath required in s. 99.021, with the supervisor of elections in
1320
the county affected by such candidacy. The amount of the filing
1321
fee is 3 percent of $4,800; however, if the electors have
1322
provided for compensation pursuant to subsection (8), the amount
1323
of the filing fee is 3 percent of the maximum annual compensation
1324
so provided. The amount of the election assessment is 1 percent
1325
of $4,800; however, if the electors have provided for
1326
compensation pursuant to subsection (8), the amount of the
1327
election assessment is 1 percent of the maximum annual
1328
compensation so provided. The filing fee and election assessment
1329
shall be distributed as provided in s. 105.031(3).
1330
Section 30. Paragraph (a) of subsection (2) and paragraph
1331
(b) of subsection (8) of section 106.07, Florida Statutes, are
1332
amended to read:
1333
106.07 Reports; certification and filing.--
1334
(2)(a)1. All reports required of a candidate by this
1335
section shall be filed with the officer before whom the candidate
1336
is required by law to qualify. All candidates who file with the
1337
Department of State shall file their reports pursuant to s.
1339
filed not later than 5 p.m. of the day designated; however, any
1340
report postmarked by the United States Postal Service no later
1341
than midnight of the day designated shall be deemed to have been
1342
filed in a timely manner. Any report received by the filing
1343
officer within 5 days after the designated due date that was
1344
delivered by the United States Postal Service shall be deemed
1345
timely filed unless it has a postmark that indicates that the
1346
report was mailed after the designated due date. A certificate of
1347
mailing obtained from and dated by the United States Postal
1348
Service at the time of mailing, or a receipt from an established
1349
courier company, which bears a date on or before the date on
1350
which the report is due, shall be proof of mailing in a timely
1351
manner. Reports shall contain information of all previously
1352
unreported contributions received and expenditures made as of the
1353
preceding Friday, except that the report filed on the Friday
1354
immediately preceding the election shall contain information of
1355
all previously unreported contributions received and expenditures
1356
made as of the day preceding that designated due date. All such
1357
reports shall be open to public inspection.
1358
2. This subsection does not prohibit the governing body of
1359
a political subdivision, by ordinance or resolution, from
1360
imposing upon its own officers and candidates electronic filing
1361
requirements not in conflict with s. 106.0705. Expenditure of
1362
public funds for such purpose is deemed to be for a valid public
1363
purpose.
1364
(8)
1365
(b) Upon determining that a report is late, the filing
1366
officer shall immediately notify the candidate or chair of the
1367
political committee as to the failure to file a report by the
1368
designated due date and that a fine is being assessed for each
1369
late day. The fine shall be $50 per day for the first 3 days late
1370
and, thereafter, $500 per day for each late day, not to exceed 25
1371
percent of the total receipts or expenditures, whichever is
1372
greater, for the period covered by the late report. However, for
1373
the reports immediately preceding each primary and general
1374
election, the fine shall be $500 per day for each late day, not
1375
to exceed 25 percent of the total receipts or expenditures,
1376
whichever is greater, for the period covered by the late report.
1377
For reports required under s. 106.141(7), the fine is $50 per day
1378
for each late day, not to exceed 25 percent of the total receipts
1379
or expenditures, whichever is greater, for the period covered by
1380
the late report. Upon receipt of the report, the filing officer
1381
shall determine the amount of the fine which is due and shall
1382
notify the candidate or chair. The filing officer shall determine
1383
the amount of the fine due based upon the earliest of the
1384
following:
1385
1. When the report is actually received by such officer.
1386
2. When the report is postmarked.
1387
3. When the certificate of mailing is dated.
1388
4. When the receipt from an established courier company is
1389
dated.
1390
5. When the electronic receipt issued pursuant to s.
1391
106.0705 or other electronic filing system authorized in this
1392
section is dated.
1393
1394
Such fine shall be paid to the filing officer within 20 days
1395
after receipt of the notice of payment due, unless appeal is made
1396
to the Florida Elections Commission pursuant to paragraph (c). In
1397
the case of a candidate, such fine shall not be an allowable
1398
campaign expenditure and shall be paid only from personal funds
1399
of the candidate. An officer or member of a political committee
1400
shall not be personally liable for such fine.
1401
Section 31. Except as otherwise expressly provided in this
1402
act and except for this section, which shall take effect upon
1403
becoming a law, this act shall take effect January 1, 2009.
CODING: Words stricken are deletions; words underlined are additions.