Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2086
       
       
       
       
       
       
                                Barcode 204820                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2011           .                                
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       The Committee on Rules (Thrasher) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (16) is added to section 97.012,
    6  Florida Statutes, to read:
    7         97.012 Secretary of State as chief election officer.—The
    8  Secretary of State is the chief election officer of the state,
    9  and it is his or her responsibility to:
   10         (16)Provide direction and opinions to the supervisors of
   11  elections on the performance of their official duties with
   12  respect to the Florida Election Code or rules adopted by the
   13  Department of State.
   14         Section 2. Subsection (18) of section 97.021, Florida
   15  Statutes, is amended to read:
   16         97.021 Definitions.—For the purposes of this code, except
   17  where the context clearly indicates otherwise, the term:
   18         (18) “Minor political party” is any group as specified
   19  defined in s. 103.095 this subsection which on January 1
   20  preceding a primary election does not have registered as members
   21  5 percent of the total registered electors of the state. Any
   22  group of citizens organized for the general purposes of electing
   23  to office qualified persons and determining public issues under
   24  the democratic processes of the United States may become a minor
   25  political party of this state by filing with the department a
   26  certificate showing the name of the organization, the names of
   27  its current officers, including the members of its executive
   28  committee, and a copy of its constitution or bylaws. It shall be
   29  the duty of the minor political party to notify the department
   30  of any changes in the filing certificate within 5 days of such
   31  changes.
   32         Section 3. Section 97.025, Florida Statutes, is amended to
   33  read:
   34         97.025 Election Code; copies thereof.—A pamphlet of a
   35  reprint of the Election Code, adequately indexed, shall be
   36  prepared by the Department of State. The pamphlet shall be made
   37  available It shall have a sufficient number of these pamphlets
   38  printed so that one may be given, upon request, to each
   39  candidate who qualifies with the department. The pamphlet shall
   40  be made available A sufficient number may be sent to each
   41  supervisor, prior to the first day of qualifying, so that for
   42  distribution, upon request, to each candidate who qualifies with
   43  the supervisor and to each clerk of elections have access to the
   44  pamphlet. The cost of making printing the pamphlets available
   45  shall be paid out of funds appropriated for conducting
   46  elections.
   47         Section 4. Section 97.0575, Florida Statutes, is amended to
   48  read:
   49         97.0575 Third-party voter registrations.—
   50         (1)Before engaging in any voter registration activities, a
   51  third-party voter registration organization must register and
   52  provide to the division, in an electronic format, the following
   53  information:
   54         (a)The names of the officers of the organization and the
   55  name and permanent address of the organization.
   56         (b)The name and address of the organization’s registered
   57  agent in the state.
   58         (c)The names, permanent addresses, temporary addresses, if
   59  any, and dates of birth of each registration agent registering
   60  persons to vote in this state on behalf of the organization.
   61         (d)A sworn statement from each registration agent employed
   62  by or volunteering for the organization stating that the agent
   63  will obey all state laws and rules regarding the registration of
   64  voters. Such statement must be on a form containing notice of
   65  applicable criminal penalties for false registration.
   66         (2)The division or the supervisor of elections shall make
   67  voter registration forms available to third-party voter
   68  registration organizations. All such forms must contain
   69  information identifying the organization to which the forms are
   70  provided. The division and each supervisor of elections shall
   71  maintain a database of all third-party registration
   72  organizations and the voter registration forms assigned to the
   73  third-party registration organizations. Such information must be
   74  provided in an electronic format as provided by division rule.
   75  By noon of each day, such information must also be updated, made
   76  publicly available, and, with respect to records in each
   77  supervisor’s database, contemporaneously provided to the
   78  division.
   79         (3)(a)A third-party voter registration organization that
   80  collects voter registration applications serves as a fiduciary
   81  to the applicant, ensuring that any voter registration
   82  application entrusted to the organization, irrespective of party
   83  affiliation, race, ethnicity, or gender, shall be promptly
   84  delivered to the division or the supervisor of elections within
   85  48 hours after the applicant completes it or the next business
   86  day if the appropriate office is closed for that 48-hour period.
   87  If a voter registration application collected by any third-party
   88  voter registration organization is not promptly delivered to the
   89  division or supervisor of elections, the third-party voter
   90  registration organization is liable for the following fines:
   91         1.A fine in the amount of $50 for each application
   92  received by the division or the supervisor of elections more
   93  than 10 days after the applicant delivered the completed voter
   94  registration application to the third-party voter registration
   95  organization or any person, entity, or agent acting on its
   96  behalf. A fine in the amount of $250 for each application
   97  received if the third-party registration organization or person,
   98  entity, or agency acting on its behalf acted willfully.
   99         2.A fine in the amount of $100 for each application
  100  collected by a third-party voter registration organization or
  101  any person, entity, or agent acting on its behalf, before book
  102  closing for any given election for federal or state office and
  103  received by the division or the supervisor of elections after
  104  the book-closing deadline for such election. A fine in the
  105  amount of $500 for each application received if the third-party
  106  registration organization or person, entity, or agency acting on
  107  its behalf acted willfully.
  108         3.A fine in the amount of $500 for each application
  109  collected by a third-party voter registration organization or
  110  any person, entity, or agent acting on its behalf, which is not
  111  submitted to the division or supervisor of elections. A fine in
  112  the amount of $1,000 for any application not submitted if the
  113  third-party registration organization or person, entity, or
  114  agency acting on its behalf acted willfully.
  115  
  116  The aggregate fine pursuant to this paragraph which may be
  117  assessed against a third-party voter registration organization,
  118  including affiliate organizations, for violations committed in a
  119  calendar year is $1,000. The fines provided in this subsection
  120  shall be reduced by three-fourths in cases in which the third
  121  party voter registration organization has complied with
  122  subsection (1).
  123         (b)A showing by the organization that the failure to
  124  deliver the voter registration application within the required
  125  timeframe is based upon force majeure or impossibility of
  126  performance shall be an affirmative defense to a violation of
  127  this subsection. The Secretary of State may waive the fines
  128  described in this subsection upon a showing that the failure to
  129  deliver the voter registration application promptly is based
  130  upon force majeure or impossibility of performance.
  131         (4)If the Secretary of State reasonably believes that a
  132  person has committed a violation of any provision of this
  133  section, the secretary shall refer the matter to the Attorney
  134  General for enforcement. The Attorney General may institute a
  135  civil action for a violation of this section or to prevent a
  136  violation of this section. An action for relief may include a
  137  permanent or temporary injunction, a restraining order, or any
  138  other appropriate order.
  139         (1)Prior to engaging in any voter registration activities,
  140  a third-party voter registration organization shall name a
  141  registered agent in the state and submit to the division, in a
  142  form adopted by the division, the name of the registered agent
  143  and the name of those individuals responsible for the day-to-day
  144  operation of the third-party voter registration organization,
  145  including, if applicable, the names of the entity’s board of
  146  directors, president, vice president, managing partner, or such
  147  other individuals engaged in similar duties or functions. On or
  148  before the 15th day after the end of each calendar quarter, each
  149  third-party voter registration organization shall submit to the
  150  division a report providing the date and location of any
  151  organized voter registration drives conducted by the
  152  organization in the prior calendar quarter.
  153         (2)The failure to submit the information required by
  154  subsection (1) does not subject the third-party voter
  155  registration organization to any civil or criminal penalties for
  156  such failure, and the failure to submit such information is not
  157  a basis for denying such third-party voter registration
  158  organization with copies of voter registration application
  159  forms.
  160         (3)A third-party voter registration organization that
  161  collects voter registration applications serves as a fiduciary
  162  to the applicant, ensuring that any voter registration
  163  application entrusted to the third-party voter registration
  164  organization, irrespective of party affiliation, race,
  165  ethnicity, or gender shall be promptly delivered to the division
  166  or the supervisor of elections. If a voter registration
  167  application collected by any third-party voter registration
  168  organization is not promptly delivered to the division or
  169  supervisor of elections, the third-party voter registration
  170  organization shall be liable for the following fines:
  171         (a)A fine in the amount of $50 for each application
  172  received by the division or the supervisor of elections more
  173  than 10 days after the applicant delivered the completed voter
  174  registration application to the third-party voter registration
  175  organization or any person, entity, or agent acting on its
  176  behalf. A fine in the amount of $250 for each application
  177  received if the third-party registration organization or person,
  178  entity, or agency acting on its behalf acted willfully.
  179         (b)A fine in the amount of $100 for each application
  180  collected by a third-party voter registration organization or
  181  any person, entity, or agent acting on its behalf, prior to book
  182  closing for any given election for federal or state office and
  183  received by the division or the supervisor of elections after
  184  the book closing deadline for such election. A fine in the
  185  amount of $500 for each application received if the third-party
  186  registration organization or person, entity, or agency acting on
  187  its behalf acted willfully.
  188         (c)A fine in the amount of $500 for each application
  189  collected by a third-party voter registration organization or
  190  any person, entity, or agent acting on its behalf, which is not
  191  submitted to the division or supervisor of elections. A fine in
  192  the amount of $1,000 for any application not submitted if the
  193  third-party registration organization or person, entity, or
  194  agency acting on its behalf acted willfully.
  195  
  196  The aggregate fine pursuant to this subsection which may be
  197  assessed against a third-party voter registration organization,
  198  including affiliate organizations, for violations committed in a
  199  calendar year shall be $1,000. The fines provided in this
  200  subsection shall be reduced by three-fourths in cases in which
  201  the third-party voter registration organization has complied
  202  with subsection (1). The secretary shall waive the fines
  203  described in this subsection upon a showing that the failure to
  204  deliver the voter registration application promptly is based
  205  upon force majeure or impossibility of performance.
  206         (5)(4)(a) The division shall adopt by rule a form to elicit
  207  specific information concerning the facts and circumstances from
  208  a person who claims to have been registered to vote by a third
  209  party voter registration organization but who does not appear as
  210  an active voter on the voter registration rolls. The division
  211  shall also adopt rules to ensure the integrity of the
  212  registration process, including rules requiring that third-party
  213  voter registration organizations account for all state and
  214  federal registration forms used by their registration agents.
  215         (b)The division may investigate any violation of this
  216  section. Civil fines shall be assessed by the division and
  217  enforced through any appropriate legal proceedings.
  218         (5)The date on which an applicant signs a voter
  219  registration application is presumed to be the date on which the
  220  third-party voter registration organization received or
  221  collected the voter registration application.
  222         (6) The civil fines provided in this section are in
  223  addition to any applicable criminal penalties.
  224         (7)Fines collected pursuant to this section shall be
  225  annually appropriated by the Legislature to the department for
  226  enforcement of this section and for voter education.
  227         (8)The division may adopt rules to administer this
  228  section.
  229         Section 5. Section 97.071, Florida Statutes, is amended to
  230  read:
  231         97.071 Voter information card.—
  232         (1) A voter information card shall be furnished by the
  233  supervisor to all registered voters residing in the supervisor’s
  234  county. The card must contain:
  235         (a) Voter’s registration number.
  236         (b) Date of registration.
  237         (c) Full name.
  238         (d) Party affiliation.
  239         (e) Date of birth.
  240         (f) Address of legal residence.
  241         (g) Precinct number.
  242         (h)Polling place address.
  243         (i)(h) Name of supervisor and contact information of
  244  supervisor.
  245         (j)(i) Other information deemed necessary by the
  246  supervisor.
  247         (2) A voter may receive a replacement voter information
  248  card by providing a signed, written request for a replacement
  249  card to a voter registration official. Upon verification of
  250  registration, the supervisor shall issue the voter a duplicate
  251  card without charge.
  252         (3) In the case of a change of name, address of legal
  253  residence, polling place address, or party affiliation, the
  254  supervisor shall issue the voter a new voter information card.
  255         Section 6. The supervisor must meet the requirements of
  256  section 5 of this act for any elector who registers to vote or
  257  who is issued a new voter information card pursuant to s.
  258  97.071(2) or (3), Florida Statutes, on or after August 1, 2012.
  259         Section 7. Subsection (1) of section 97.073, Florida
  260  Statutes, is amended to read:
  261         97.073 Disposition of voter registration applications;
  262  cancellation notice.—
  263         (1) The supervisor must notify each applicant of the
  264  disposition of the applicant’s voter registration application as
  265  follows within 5 business days after the voter registration
  266  information is entered into the statewide voter registration
  267  system:
  268         (a) If an application is approved, the supervisor shall
  269  mail a voter information card. A voter information card sent to
  270  an applicant constitutes a notice of registration.
  271         (b) If an application is incomplete for failure to provide
  272  any of the information required by s. 97.053(5), the supervisor
  273  shall mail a notice requesting the missing information.
  274         (c) If an application is a duplicate of a current
  275  registration record, the supervisor shall process the
  276  application as if it were an update, including a signature
  277  update, to the record and send a new voter information card.
  278         (d) If an application is denied, the supervisor shall mail.
  279  The notice must inform the applicant that the application has
  280  been approved, is incomplete, has been denied, or is a duplicate
  281  of a current registration. A voter information card sent to an
  282  applicant constitutes notice of approval of registration. If the
  283  application is incomplete, the supervisor must request that the
  284  applicant supply the missing information using a voter
  285  registration application signed by the applicant. a notice of
  286  denial informing must inform the applicant of the reason the
  287  application was denied.
  288         Section 8. Subsections (1) and (2) of section 97.1031,
  289  Florida Statutes, are amended to read:
  290         97.1031 Notice of change of residence, change of name, or
  291  change of party affiliation.—
  292         (1)(a) When an elector changes his or her residence
  293  address, the elector must notify the supervisor of elections.
  294  Except as provided in paragraph (b), an address change must be
  295  submitted using a voter registration application.
  296         (b) If the address change is within the state and notice is
  297  provided to the supervisor of elections of the county where the
  298  elector has moved, the elector may do so by:
  299         1. Contacting the supervisor of elections via telephone or
  300  electronic means, in which case the elector must provide his or
  301  her date of birth; or
  302         2. Submitting the change on a voter registration
  303  application or other signed written notice. moves from the
  304  address named on that person’s voter registration record to
  305  another address within the same county, the elector must provide
  306  notification of such move to the supervisor of elections of that
  307  county. The elector may provide the supervisor a signed, written
  308  notice or may notify the supervisor by telephone or electronic
  309  means. However, notification of such move other than by signed,
  310  written notice must include the elector’s date of birth. An
  311  elector may also provide notification to other voter
  312  registration officials as provided in subsection (2). A voter
  313  information card reflecting the new information shall be issued
  314  to the elector as provided in subsection (3).
  315         (2) When an elector moves from the address named on that
  316  person’s voter registration record to another address in a
  317  different county but within the state, the elector seeks to
  318  change party affiliation, or the name of an elector is changed
  319  by marriage or other legal process, the elector shall notify his
  320  or her supervisor of elections or other provide notice of such
  321  change to a voter registration official by using a voter
  322  registration application signed written notice that contains the
  323  elector’s date of birth by the elector. When an elector changes
  324  his or her name by marriage or other legal process, the elector
  325  shall notify his or her supervisor of elections or other voter
  326  registration official by using a signed written notice that
  327  contains the elector’s date of birth or voter’s registration
  328  number. A voter information card reflecting the new information
  329  shall be issued to the elector as provided in subsection (3).
  330         Section 9. Subsections (3) and (6) of section 98.075,
  331  Florida Statutes, are amended to read:
  332         98.075 Registration records maintenance activities;
  333  ineligibility determinations.—
  334         (3) DECEASED PERSONS.—
  335         (a)1. The department shall identify those registered voters
  336  who are deceased by comparing information on the lists of
  337  deceased persons received from either:
  338         a. The Department of Health as provided in s. 98.093; or.
  339         b. The United States Social Security Administration,
  340  including, but not limited to, any master death file or index
  341  compiled by the United States Social Security Administration.
  342         2. Within 7 days after Upon receipt of such information
  343  through the statewide voter registration system, the supervisor
  344  shall remove the name of the registered voter.
  345         (b) The supervisor shall remove the name of a deceased
  346  registered voter from the statewide voter registration system
  347  upon receipt of a copy of a death certificate issued by a
  348  governmental agency authorized to issue death certificates.
  349         (6) OTHER BASES FOR INELIGIBILITY.—If the department or
  350  supervisor receives information other than from the sources
  351  other than those identified in subsections (2)-(5) that a
  352  registered voter is ineligible because he or she is deceased,
  353  adjudicated a convicted felon without having had his or her
  354  civil rights restored, adjudicated mentally incapacitated
  355  without having had his or her voting rights restored, does not
  356  meet the age requirement pursuant to s. 97.041, is not a United
  357  States citizen, is a fictitious person, or has listed a
  358  residence that is not his or her legal residence, the supervisor
  359  must shall adhere to the procedures set forth in subsection (7)
  360  prior to the removal of a registered voter’s name from the
  361  statewide voter registration system.
  362         Section 10. Section 98.093, Florida Statutes, is amended to
  363  read:
  364         98.093 Duty of officials to furnish information relating to
  365  lists of deceased persons, persons adjudicated mentally
  366  incapacitated, and persons convicted of a felony.—
  367         (1) In order to identify ineligible registered voters and
  368  maintain ensure the maintenance of accurate and current voter
  369  registration records in the statewide voter registration system
  370  pursuant to procedures in s. 98.065 or s. 98.075, it is
  371  necessary for the department and supervisors of elections to
  372  receive or access certain information from state and federal
  373  officials and entities in the format prescribed. The department
  374  and supervisors of elections shall use the information provided
  375  from the sources in subsection (2) to maintain the voter
  376  registration records.
  377         (2) To the maximum extent feasible, state and local
  378  government agencies shall facilitate provision of information
  379  and access to data to the department, including, but not limited
  380  to, databases that contain reliable criminal records and records
  381  of deceased persons. State and local government agencies that
  382  provide such data shall do so without charge if the direct cost
  383  incurred by those agencies is not significant.
  384         (a) The Department of Health shall furnish monthly to the
  385  department a list containing the name, address, date of birth,
  386  date of death, social security number, race, and sex of each
  387  deceased person 17 years of age or older.
  388         (b) Each clerk of the circuit court shall furnish monthly
  389  to the department a list of those persons who have been
  390  adjudicated mentally incapacitated with respect to voting during
  391  the preceding calendar month, a list of those persons whose
  392  mental capacity with respect to voting has been restored during
  393  the preceding calendar month, and a list of those persons who
  394  have returned signed jury notices during the preceding months to
  395  the clerk of the circuit court indicating a change of address.
  396  Each list shall include the name, address, date of birth, race,
  397  sex, and, whichever is available, the Florida driver’s license
  398  number, Florida identification card number, or social security
  399  number of each such person.
  400         (c) Upon receipt of information from the United States
  401  Attorney, listing persons convicted of a felony in federal
  402  court, the department shall use such information to identify
  403  registered voters or applicants for voter registration who may
  404  be potentially ineligible based on information provided in
  405  accordance with s. 98.075.
  406         (d) The Department of Law Enforcement shall identify those
  407  persons who have been convicted of a felony who appear in the
  408  voter registration records supplied by the statewide voter
  409  registration system, in a time and manner that enables the
  410  department to meet its obligations under state and federal law.
  411         (e) The Florida Parole Commission Board of Executive
  412  Clemency shall furnish at least bimonthly monthly to the
  413  department data, including the identity a list of those persons
  414  granted clemency in the preceding month or any updates to prior
  415  records which have occurred in the preceding month. The data
  416  list shall contain the commission’s Board of Executive Clemency
  417  case number and the person’s, name, address, date of birth,
  418  race, gender sex, Florida driver’s license number, Florida
  419  identification card number, or the last four digits of the
  420  social security number, if available, and references to record
  421  identifiers assigned by the Department of Corrections and the
  422  Department of Law Enforcement, a unique identifier of each
  423  clemency case, and the effective date of clemency of each
  424  person.
  425         (f) The Department of Corrections shall identify those
  426  persons who have been convicted of a felony and committed to its
  427  custody or placed on community supervision. The information must
  428  be provided to the department at a time and in manner that
  429  enables the department to identify registered voters who are
  430  convicted felons and to meet its obligations under state and
  431  federal law. furnish monthly to the department a list of those
  432  persons transferred to the Department of Corrections in the
  433  preceding month or any updates to prior records which have
  434  occurred in the preceding month. The list shall contain the
  435  name, address, date of birth, race, sex, social security number,
  436  Department of Corrections record identification number, and
  437  associated Department of Law Enforcement felony conviction
  438  record number of each person.
  439         (g) The Department of Highway Safety and Motor Vehicles
  440  shall furnish monthly to the department a list of those persons
  441  whose names have been removed from the driver’s license database
  442  because they have been licensed in another state. The list shall
  443  contain the name, address, date of birth, sex, social security
  444  number, and driver’s license number of each such person.
  445         (3) Nothing in This section does not shall limit or
  446  restrict the supervisor in his or her duty to remove the names
  447  of persons from the statewide voter registration system pursuant
  448  to s. 98.075(7) based upon information received from other
  449  sources.
  450         Section 11. Effective July 1, 2012, subsections (1) and (2)
  451  of section 98.0981, Florida Statutes, are amended to read:
  452         98.0981 Reports; voting history; statewide voter
  453  registration system information; precinct-level election
  454  results; book closing statistics.—
  455         (1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
  456  INFORMATION.—
  457         (a) Within 30 45 days after certification by the Elections
  458  Canvassing Commission of a presidential preference primary,
  459  special election, primary election, or a general election,
  460  supervisors of elections shall transmit to the department, in a
  461  uniform electronic format specified in paragraph (d) by the
  462  department, completely updated voting history information for
  463  each qualified voter who voted.
  464         (b) After receipt of the information in paragraph (a), the
  465  department shall prepare a report in electronic format which
  466  contains the following information, separately compiled for the
  467  primary and general election for all voters qualified to vote in
  468  either election:
  469         1. The unique identifier assigned to each qualified voter
  470  within the statewide voter registration system;
  471         2. All information provided by each qualified voter on his
  472  or her voter registration application pursuant to s. 97.052(2),
  473  except that which is confidential or exempt from public records
  474  requirements;
  475         3. Each qualified voter’s date of registration;
  476         4. Each qualified voter’s current state representative
  477  district, state senatorial district, and congressional district,
  478  assigned by the supervisor of elections;
  479         5. Each qualified voter’s current precinct; and
  480         6. Voting history as transmitted under paragraph (a) to
  481  include whether the qualified voter voted at a precinct
  482  location, voted during the early voting period, voted by
  483  absentee ballot, attempted to vote by absentee ballot that was
  484  not counted, attempted to vote by provisional ballot that was
  485  not counted, or did not vote.
  486         (c) Within 15 60 days after certification by the Elections
  487  Canvassing Commission of a presidential preference primary,
  488  special election, primary election, or a general election, the
  489  department shall send to the President of the Senate, the
  490  Speaker of the House of Representatives, the Senate Minority
  491  Leader, and the House Minority Leader a report in electronic
  492  format that includes all information set forth in paragraph (b).
  493         (d)File specifications are as follows:
  494         1.The file shall contain records designated by the
  495  categories below for all qualified voters who, regardless of the
  496  voter’s county of residence or active or inactive registration
  497  status at the book closing for the corresponding election that
  498  the file is being created for:
  499         a.Voted a regular ballot at a precinct location.
  500         b.Voted at a precinct location using a provisional ballot
  501  that was subsequently counted.
  502         c.Voted a regular ballot during the early voting period.
  503         d.Voted during the early voting period using a provisional
  504  ballot that was subsequently counted.
  505         e.Voted by absentee ballot.
  506         f.Attempted to vote by absentee ballot, but the ballot was
  507  not counted.
  508         g.Attempted to vote by provisional ballot, but the ballot
  509  was not counted in that election.
  510         2.Each file shall be created or converted into a tab
  511  delimited format.
  512         3.File names shall adhere to the following convention:
  513         a.Three-character county identifier as established by the
  514  department followed by an underscore.
  515         b.Followed by four-character file type identifier of
  516  ‘VH03’ followed by an underscore.
  517         c.Followed by FVRS election ID followed by an underscore.
  518         d.Followed by Date Created followed by an underscore.
  519         e.Date format is YYYYMMDD.
  520         f.Followed by Time Created - HHMMSS.
  521         g.Followed by “.txt”.
  522         4.Each record shall contain the following columns: Record
  523  Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
  524  Date, Vote History Code, Precinct, Congressional District, House
  525  District, Senate District, County Commission District, and
  526  School Board District.
  527         (e)Each supervisor of elections shall reconcile the voting
  528  data within 25 days after a presidential preference primary,
  529  special election, primary election, or general election to
  530  compare the aggregate total of ballots cast in each precinct as
  531  reported in the precinct-level election results to the aggregate
  532  total number of voters with voter history for the election for
  533  each district.
  534         (f)Each supervisor of elections shall submit the results
  535  of the data reconciliation as described in paragraph (e) to the
  536  department in an electronic format and give a written
  537  explanation for any precincts where the reconciliation as
  538  described in paragraph (e) results in a discrepancy between the
  539  voter history and the election results.
  540         (g)A supervisor of elections shall be required to pay $50
  541  per day for each day the required reports are late or not
  542  complete. Fines must be paid from a supervisor of elections’
  543  personal funds. Fines shall be remitted to the department, which
  544  shall transmit the remitted fines for deposit into the General
  545  Revenue Fund.
  546         (2)(a) PRECINCT-LEVEL ELECTION RESULTS.—Within 25 45 days
  547  after the date of a presidential preference primary election, a
  548  special election, primary election, or a general election, the
  549  supervisors of elections shall collect and submit to the
  550  department precinct-level election results for the election in a
  551  uniform electronic format specified by paragraph (c) the
  552  department. The precinct-level election results shall be
  553  compiled separately for the primary or special primary election
  554  that preceded the general or special general election,
  555  respectively. The results shall specifically include for each
  556  precinct the aggregate total of all ballots cast for each
  557  candidate or nominee to fill a national, state, county, or
  558  district office or proposed constitutional amendment, with
  559  subtotals for each candidate and ballot type. “All ballots cast”
  560  means ballots cast by voters who cast a ballot whether at a
  561  precinct location, by absentee ballot including overseas
  562  absentee ballots, during the early voting period, or by
  563  provisional ballot.
  564         (b)The department shall make such information available on
  565  a searchable, sortable, and downloadable database via its
  566  website that also includes the file layout and codes. The
  567  database shall be searchable and sortable by county, precinct,
  568  and candidate. The database shall be downloadable in a tab
  569  delimited format. The database shall be available for download
  570  county-by-county and also as a statewide file. Such report shall
  571  also be made available upon request.
  572         (c)The files containing the precinct-level election
  573  results shall be created in accordance with the applicable file
  574  specification:
  575         1.The precinct-level results file shall be created or
  576  converted into a tab-delimited text file.
  577         2.The row immediately before the first data record shall
  578  contain the column names of the data elements that make up the
  579  data records. There shall be one header record followed by
  580  multiple data records.
  581         3.The data records shall include the following columns:
  582  County Name, Election Number, Election Date, Unique Precinct
  583  Identifier, Precinct Polling Location, Total Registered Voters,
  584  Total Registered Republicans, Total Registered Democrats, Total
  585  Registered All Other Parties, Contest Name,
  586  Candidate/Retention/Issue Name, Candidate Ethnicity, Division of
  587  Elections Unique Candidate Identifying Number, Candidate Party,
  588  District, Undervote Total, Overvote Total, Write-in Total, and
  589  Vote Total.
  590         (d)A supervisor of elections shall be required to pay $50
  591  per day for each day the required reports are late or not
  592  complete. Fines must be paid from a supervisor of elections’
  593  personal funds. Fines shall be remitted to the department, which
  594  shall transmit the remitted fines for deposit into the General
  595  Revenue Fund.
  596         Section 12. Subsection (5) of section 99.012, Florida
  597  Statutes, is amended to read:
  598         99.012 Restrictions on individuals qualifying for public
  599  office.—
  600         (5) A person may not be qualified as a candidate for an
  601  election or appear on the ballot unless the person complies with
  602  this section. The name of any person who does not comply with
  603  this section may be removed from every ballot on which it
  604  appears when ordered by a circuit court upon the petition of an
  605  elector or the Department of State.
  606         Section 13. Paragraphs (a) and (b) of subsection (1) of
  607  section 99.021, Florida Statutes, are amended, and subsection
  608  (3) is added to that section, to read:
  609         99.021 Form of candidate oath.—
  610         (1)(a)1. Each candidate, whether a party candidate, a
  611  candidate with no party affiliation, or a write-in candidate, in
  612  order to qualify for nomination or election to any office other
  613  than a judicial office as defined in chapter 105 or a federal
  614  office, shall take and subscribe to an oath or affirmation in
  615  writing. A printed copy of the oath or affirmation shall be made
  616  available furnished to the candidate by the officer before whom
  617  such candidate seeks to qualify and shall be substantially in
  618  the following form:
  619  
  620  State of Florida
  621  County of....
  622         Before me, an officer authorized to administer oaths,
  623  personally appeared ...(please print name as you wish it to
  624  appear on the ballot)..., to me well known, who, being sworn,
  625  says that he or she is a candidate for the office of ....; that
  626  he or she is a qualified elector of .... County, Florida; that
  627  he or she is qualified under the Constitution and the laws of
  628  Florida to hold the office to which he or she desires to be
  629  nominated or elected; that he or she has taken the oath required
  630  by ss. 876.05-876.10, Florida Statutes; that he or she has
  631  qualified for no other public office in the state, the term of
  632  which office or any part thereof runs concurrent with that of
  633  the office he or she seeks; and that he or she has resigned from
  634  any office from which he or she is required to resign pursuant
  635  to s. 99.012, Florida Statutes; and that he or she will support
  636  the Constitution of the United States and the Constitution of
  637  the State of Florida.
  638  ...(Signature of candidate)...
  639  ...(Address)...
  640  
  641  Sworn to and subscribed before me this .... day of ....,
  642  ...(year)..., at .... County, Florida.
  643  ...(Signature and title of officer administering oath)...
  644  
  645         2. Each candidate for federal office, whether a party
  646  candidate, a candidate with no party affiliation, or a write-in
  647  candidate, in order to qualify for nomination or election to
  648  office shall take and subscribe to an oath or affirmation in
  649  writing. A printed copy of the oath or affirmation shall be made
  650  available furnished to the candidate by the officer before whom
  651  such candidate seeks to qualify and shall be substantially in
  652  the following form:
  653  
  654  State of Florida
  655  County of ....
  656         Before me, an officer authorized to administer oaths,
  657  personally appeared ...(please print name as you wish it to
  658  appear on the ballot)..., to me well known, who, being sworn,
  659  says that he or she is a candidate for the office of ....; that
  660  he or she is qualified under the Constitution and laws of the
  661  United States to hold the office to which he or she desires to
  662  be nominated or elected; and that he or she has qualified for no
  663  other public office in the state, the term of which office or
  664  any part thereof runs concurrent with that of the office he or
  665  she seeks; and that he or she will support the Constitution of
  666  the United States.
  667  ...(Signature of candidate)...
  668  ...(Address)...
  669  
  670  Sworn to and subscribed before me this .... day of ....,
  671  ...(year)..., at .... County, Florida.
  672  ...(Signature and title of officer administering oath)...
  673  
  674         (b) In addition, any person seeking to qualify for
  675  nomination as a candidate of any political party shall, at the
  676  time of subscribing to the oath or affirmation, state in
  677  writing:
  678         1. The party of which the person is a member.
  679         2. That the person is not a registered member of any other
  680  political party and has not been a registered member of
  681  candidate for nomination for any other political party in the
  682  calendar year leading up to the general election for a period of
  683  6 months preceding the general election for which the person
  684  seeks to qualify.
  685         3. That the person has paid the assessment levied against
  686  him or her, if any, as a candidate for said office by the
  687  executive committee of the party of which he or she is a member.
  688         (3) This section does not apply to a person who seeks to
  689  qualify for election pursuant to ss. 103.021 and 103.101.
  690         Section 14. Subsections (5) and (7) of section 99.061,
  691  Florida Statutes, are amended, and subsection (11) is added to
  692  that section, to read:
  693         99.061 Method of qualifying for nomination or election to
  694  federal, state, county, or district office.—
  695         (5) At the time of qualifying for office, each candidate
  696  for a constitutional office shall file a full and public
  697  disclosure of financial interests pursuant to s. 8, Art. II of
  698  the State Constitution, which must be verified under oath or
  699  affirmation pursuant to s. 92.525(1)(a), and a candidate for any
  700  other office, including local elective office, shall file a
  701  statement of financial interests pursuant to s. 112.3145.
  702         (7)(a) In order for a candidate to be qualified, the
  703  original of the following items must be received by the filing
  704  officer by the end of the qualifying period:
  705         1. A properly executed check drawn upon the candidate’s
  706  campaign account payable to the person or entity as prescribed
  707  by the filing officer in an amount not less than the fee
  708  required by s. 99.092, unless the candidate obtained the
  709  required number of signatures on petitions or, in lieu thereof,
  710  as applicable, the copy of the notice of obtaining ballot
  711  position pursuant to s. 99.095. The filing fee for a special
  712  district candidate is not required to be drawn upon the
  713  candidate’s campaign account. If a candidate’s check is returned
  714  by the bank for any reason, the filing officer shall immediately
  715  notify the candidate and the candidate shall have until, the end
  716  of qualifying notwithstanding, have 48 hours from the time such
  717  notification is received, excluding Saturdays, Sundays, and
  718  legal holidays, to pay the fee with a cashier’s check purchased
  719  from funds of the campaign account. Failure to pay the fee as
  720  provided in this subparagraph shall disqualify the candidate.
  721         2. The candidate’s oath required by s. 99.021, which must
  722  contain the name of the candidate as it is to appear on the
  723  ballot; the office sought, including the district or group
  724  number if applicable; and the signature of the candidate, which
  725  must be verified under oath or affirmation pursuant to s.
  726  92.525(1)(a) duly acknowledged.
  727         3.The loyalty oath required by s. 876.05, signed by the
  728  candidate and duly acknowledged.
  729         3.4. If the office sought is partisan, the written
  730  statement of political party affiliation required by s.
  731  99.021(1)(b).
  732         4.5.Unless the original is filed with the qualifying
  733  officer before the beginning of the qualifying period for the
  734  office sought, the completed form for the appointment of
  735  campaign treasurer and designation of campaign depository, as
  736  required by s. 106.021.
  737         5.6. The full and public disclosure or statement of
  738  financial interests required by subsection (5). A public officer
  739  who has filed the full and public disclosure or statement of
  740  financial interests with the Commission on Ethics or the
  741  supervisor of elections prior to qualifying for office may file
  742  a copy of that disclosure at the time of qualifying.
  743         (b) If the filing officer receives qualifying papers during
  744  the qualifying period prescribed in this section which that do
  745  not include all items as required by paragraph (a) prior to the
  746  last day of qualifying, the filing officer shall make a
  747  reasonable effort to notify the candidate of the missing or
  748  incomplete items and shall inform the candidate that all
  749  required items must be received by the close of qualifying. A
  750  candidate’s name as it is to appear on the ballot may not be
  751  changed after the end of qualifying.
  752         (c)The filing officer performs a ministerial function in
  753  reviewing qualifying papers. In determining whether a candidate
  754  is qualified, the filing officer shall review the qualifying
  755  papers to determine whether all items required by paragraph (a)
  756  have been properly filed and whether each item is complete on
  757  its face, including whether items that must be verified have
  758  been properly verified pursuant to s. 92.525(1)(a). The filing
  759  officer may not determine whether the contents of the qualifying
  760  papers are accurate.
  761         (11)The decision of the filing officer concerning whether
  762  a candidate is qualified is exempt from the provisions of
  763  chapter 120.
  764         Section 15. Subsection (2) of section 99.063, Florida
  765  Statutes, is amended to read:
  766         99.063 Candidates for Governor and Lieutenant Governor.—
  767         (2) No later than 5 p.m. of the 9th day following the
  768  primary election, each designated candidate for Lieutenant
  769  Governor shall file with the Department of State:
  770         (a) The candidate’s oath required by s. 99.021, which must
  771  contain the name of the candidate as it is to appear on the
  772  ballot; the office sought; and the signature of the candidate,
  773  which must be verified under oath or affirmation pursuant to s.
  774  92.525(1)(a) duly acknowledged.
  775         (b) The loyalty oath required by s. 876.05, signed by the
  776  candidate and duly acknowledged.
  777         (b)(c) If the office sought is partisan, the written
  778  statement of political party affiliation required by s.
  779  99.021(1)(b).
  780         (c)(d) The full and public disclosure of financial
  781  interests pursuant to s. 8, Art. II of the State Constitution. A
  782  public officer who has filed the full and public disclosure with
  783  the Commission on Ethics prior to qualifying for office may file
  784  a copy of that disclosure at the time of qualifying.
  785         Section 16. Subsection (1) of section 99.092, Florida
  786  Statutes, is amended to read:
  787         99.092 Qualifying fee of candidate; notification of
  788  Department of State.—
  789         (1) Each person seeking to qualify for nomination or
  790  election to any office, except a person seeking to qualify by
  791  the petition process pursuant to s. 99.095 and except a person
  792  seeking to qualify as a write-in candidate, shall pay a
  793  qualifying fee, which shall consist of a filing fee and election
  794  assessment, to the officer with whom the person qualifies, and
  795  any party assessment levied, and shall attach the original or
  796  signed duplicate of the receipt for his or her party assessment
  797  or pay the same, in accordance with the provisions of s.
  798  103.121, at the time of filing his or her other qualifying
  799  papers. The amount of the filing fee is 3 percent of the annual
  800  salary of the office. The amount of the election assessment is 1
  801  percent of the annual salary of the office sought. The election
  802  assessment shall be deposited into the Clearing Funds Trust Fund
  803  and transferred to the Elections Commission Trust Fund within
  804  the Department of Legal Affairs. The amount of the party
  805  assessment is 2 percent of the annual salary. The annual salary
  806  of the office for purposes of computing the filing fee, election
  807  assessment, and party assessment shall be computed by
  808  multiplying 12 times the monthly salary, excluding any special
  809  qualification pay, authorized for such office as of July 1
  810  immediately preceding the first day of qualifying. No qualifying
  811  fee shall be returned to the candidate unless the candidate
  812  withdraws his or her candidacy before the last date to qualify.
  813  If a candidate dies prior to an election and has not withdrawn
  814  his or her candidacy before the last date to qualify, the
  815  candidate’s qualifying fee shall be returned to his or her
  816  designated beneficiary, and, if the filing fee or any portion
  817  thereof has been transferred to the political party of the
  818  candidate, the Secretary of State shall direct the party to
  819  return that portion to the designated beneficiary of the
  820  candidate.
  821         Section 17. Subsection (1) of section 99.093, Florida
  822  Statutes, is amended to read:
  823         99.093 Municipal candidates; election assessment.—
  824         (1) Each person seeking to qualify for nomination or
  825  election to a municipal office shall pay, at the time of
  826  qualifying for office, an election assessment. The election
  827  assessment shall be an amount equal to 1 percent of the annual
  828  salary of the office sought. Within 30 days after the close of
  829  qualifying, the qualifying officer shall forward all assessments
  830  collected pursuant to this section to the Florida Elections
  831  Commission Department of State for deposit in transfer to the
  832  Elections Commission Trust Fund within the Department of Legal
  833  Affairs.
  834         Section 18. Paragraph (d) is added to subsection (2) of
  835  section 99.095, Florida Statutes, to read:
  836         99.095 Petition process in lieu of a qualifying fee and
  837  party assessment.—
  838         (2)
  839         (d) In a year of apportionment, any candidate for county or
  840  district office seeking ballot position by the petition process
  841  may obtain the required number of signatures from any registered
  842  voter in the respective county, regardless of district
  843  boundaries. The candidate shall obtain at least the number of
  844  signatures equal to 1 percent of the total number of registered
  845  voters, as shown by a compilation by the department for the
  846  immediately preceding general election, divided by the total
  847  number of districts of the office involved.
  848         Section 19. Subsections (1), (3), and (5) of section
  849  99.097, Florida Statutes, are amended, and subsection (6) is
  850  added to that section, to read:
  851         99.097 Verification of signatures on petitions.—
  852         (1)(a) As determined by each supervisor, based upon local
  853  conditions, the checking of names on petitions may be based on
  854  the most inexpensive and administratively feasible of either of
  855  the following methods of verification:
  856         1.(a) A name-by-name, signature-by-signature check of each
  857  petition the number of authorized signatures on the petitions;
  858  or
  859         2.(b) A check of a random sample, as provided by the
  860  Department of State, of names and signatures on the petitions.
  861  The sample must be such that a determination can be made as to
  862  whether or not the required number of signatures has have been
  863  obtained with a reliability of at least 99.5 percent.
  864         (b) Rules and guidelines for this method of petition
  865  verification shall be adopted promulgated by the Department of
  866  State. Rules and guidelines for a random sample method of
  867  verification, which may include a requirement that petitions
  868  bear an additional number of names and signatures, not to exceed
  869  15 percent of the names and signatures otherwise required. If
  870  the petitions do not meet such criteria or if the petitions are
  871  prescribed by s. 100.371, then the use of the random sample
  872  method of verification is method described in this paragraph
  873  shall not be available to supervisors.
  874         (3)(a) If all other requirements for the petition are met,
  875  a signature on a petition shall be verified and counted as valid
  876  for a registered voter if, after comparing the signature on the
  877  petition and the signature of the registered voter in the voter
  878  registration system, the supervisor is able to determine that
  879  the petition signer is the same as the registered voter, even if
  880  the name on the petition is not in substantially the same form
  881  as in the voter registration system. A name on a petition, which
  882  name is not in substantially the same form as a name on the
  883  voter registration books, shall be counted as a valid signature
  884  if, after comparing the signature on the petition with the
  885  signature of the alleged signer as shown on the registration
  886  books, the supervisor determines that the person signing the
  887  petition and the person who registered to vote are one and the
  888  same.
  889         (b) In any situation in which this code requires the form
  890  of the petition to be prescribed by the division, no signature
  891  shall be counted toward the number of signatures required unless
  892  it is on a petition form prescribed by the division.
  893         (c)(b) If a voter signs a petition and lists an address
  894  other than the legal residence where the voter is registered,
  895  the supervisor shall treat the signature as if the voter had
  896  listed the address where the voter is registered.
  897         (5) The results of a verification pursuant to subparagraph
  898  (1)(a)2. paragraph (1)(b) may be contested in the circuit court
  899  by the candidate; an announced opponent; a representative of a
  900  designated political committee; or a person, party, or other
  901  organization submitting the petition. The contestant shall file
  902  a complaint, together with the fees prescribed in chapter 28,
  903  with the clerk of the circuit court in the county in which the
  904  petition is certified or in Leon County if the petition covers
  905  more than one county within 10 days after midnight of the date
  906  the petition is certified; and the complaint shall set forth the
  907  grounds on which the contestant intends to establish his or her
  908  right to require a complete check of the petition names and
  909  signatures pursuant to subparagraph (1)(a)1. paragraph (1)(a).
  910  In the event the court orders a complete check of the petition
  911  and the result is not changed as to the success or lack of
  912  success of the petitioner in obtaining the requisite number of
  913  valid signatures, then such candidate, unless the candidate has
  914  filed the oath stating that he or she is unable to pay such
  915  charges; announced opponent; representative of a designated
  916  political committee; or party, person, or organization
  917  submitting the petition, unless such person or organization has
  918  filed the oath stating inability to pay such charges, shall pay
  919  to the supervisor of elections of each affected county for the
  920  complete check an amount calculated at the rate of 10 cents for
  921  each additional signature checked or the actual cost of checking
  922  such additional signatures, whichever is less.
  923         (6)(a) If any person is paid to solicit signatures on a
  924  petition, an undue burden oath may not subsequently be filed in
  925  lieu of paying the fee to have signatures verified for that
  926  petition.
  927         (b) If an undue burden oath has been filed and payment is
  928  subsequently made to any person to solicit signatures on a
  929  petition, the undue burden oath is no longer valid and a fee for
  930  all signatures previously submitted to the supervisor of
  931  elections and any that are submitted thereafter shall be paid by
  932  the candidate, person, or organization that submitted the undue
  933  burden oath. If contributions as defined in s. 106.011 are
  934  received, any monetary contributions must first be used to
  935  reimburse the supervisor of elections for any signature
  936  verification fees that were not paid because of the filing of an
  937  undue burden oath.
  938         Section 20. Section 100.061, Florida Statutes, is amended
  939  to read:
  940         100.061 Primary election.—In each year in which a general
  941  election is held, a primary election for nomination of
  942  candidates of political parties shall be held on the Tuesday 9
  943  10 weeks prior to the general election. The candidate receiving
  944  the highest number of votes cast in each contest in the primary
  945  election shall be declared nominated for such office. If two or
  946  more candidates receive an equal and highest number of votes for
  947  the same office, such candidates shall draw lots to determine
  948  which candidate is nominated.
  949         Section 21. Section 100.111, Florida Statutes, is amended
  950  to read:
  951         100.111 Filling vacancy.—
  952         (1)(a) If any vacancy occurs in any office which is
  953  required to be filled pursuant to s. 1(f), Art. IV of the State
  954  Constitution and the remainder of the term of such office is 28
  955  months or longer, then at the next general election a person
  956  shall be elected to fill the unexpired portion of such term,
  957  commencing on the first Tuesday after the first Monday following
  958  such general election.
  959         (b) If such a vacancy occurs prior to the first day set by
  960  law for qualifying for election to office at such general
  961  election, any person seeking nomination or election to the
  962  unexpired portion of the term shall qualify within the time
  963  prescribed by law for qualifying for other offices to be filled
  964  by election at such general election.
  965         (c) If such a vacancy occurs prior to the primary election
  966  but on or after the first day set by law for qualifying, the
  967  Secretary of State shall set dates for qualifying for the
  968  unexpired portion of the term of such office. Any person seeking
  969  nomination or election to the unexpired portion of the term
  970  shall qualify within the time set by the Secretary of State. If
  971  time does not permit party nominations to be made in conjunction
  972  with the primary election, the Governor may call a special
  973  primary election to select party nominees for the unexpired
  974  portion of such term.
  975         (2)(a)If, in any state or county office required to be
  976  filled by election, a vacancy occurs during an election year by
  977  reason of the incumbent having qualified as a candidate for
  978  federal office pursuant to s. 99.061, no special election is
  979  required. Any person seeking nomination or election to the
  980  office so vacated shall qualify within the time prescribed by s.
  981  99.061 for qualifying for state or county offices to be filled
  982  by election.
  983         (b)If such a vacancy occurs in an election year other than
  984  the one immediately preceding expiration of the present term,
  985  the Secretary of State shall notify the supervisor of elections
  986  in each county served by the office that a vacancy has been
  987  created. Such notice shall be provided to the supervisor of
  988  elections not later than the close of the first day set for
  989  qualifying for state or county office. The supervisor shall
  990  provide public notice of the vacancy in any manner the Secretary
  991  of State deems appropriate.
  992         (2)(3) Whenever there is a vacancy for which a special
  993  election is required pursuant to s. 100.101, the Governor, after
  994  consultation with the Secretary of State, shall fix the dates of
  995  a special primary election and a special election. Nominees of
  996  political parties shall be chosen under the primary laws of this
  997  state in the special primary election to become candidates in
  998  the special election. Prior to setting the special election
  999  dates, the Governor shall consider any upcoming elections in the
 1000  jurisdiction where the special election will be held. The dates
 1001  fixed by the Governor shall be specific days certain and shall
 1002  not be established by the happening of a condition or stated in
 1003  the alternative. The dates fixed shall provide a minimum of 2
 1004  weeks between each election. In the event a vacancy occurs in
 1005  the office of state senator or member of the House of
 1006  Representatives when the Legislature is in regular legislative
 1007  session, the minimum times prescribed by this subsection may be
 1008  waived upon concurrence of the Governor, the Speaker of the
 1009  House of Representatives, and the President of the Senate. If a
 1010  vacancy occurs in the office of state senator and no session of
 1011  the Legislature is scheduled to be held prior to the next
 1012  general election, the Governor may fix the dates for the special
 1013  primary election and for the special election to coincide with
 1014  the dates of the primary election and general election. If a
 1015  vacancy in office occurs in any district in the state Senate or
 1016  House of Representatives or in any congressional district, and
 1017  no session of the Legislature, or session of Congress if the
 1018  vacancy is in a congressional district, is scheduled to be held
 1019  during the unexpired portion of the term, the Governor is not
 1020  required to call a special election to fill such vacancy.
 1021         (a) The dates for candidates to qualify in such special
 1022  election or special primary election shall be fixed by the
 1023  Department of State, and candidates shall qualify not later than
 1024  noon of the last day so fixed. The dates fixed for qualifying
 1025  shall allow a minimum of 14 days between the last day of
 1026  qualifying and the special primary election.
 1027         (b) The filing of campaign expense statements by candidates
 1028  in such special elections or special primaries and by committees
 1029  making contributions or expenditures to influence the results of
 1030  such special primaries or special elections shall be not later
 1031  than such dates as shall be fixed by the Department of State,
 1032  and in fixing such dates the Department of State shall take into
 1033  consideration and be governed by the practical time limitations.
 1034         (c) The dates for a candidate to qualify by the petition
 1035  process pursuant to s. 99.095 in such special primary or special
 1036  election shall be fixed by the Department of State. In fixing
 1037  such dates the Department of State shall take into consideration
 1038  and be governed by the practical time limitations. Any candidate
 1039  seeking to qualify by the petition process in a special primary
 1040  election shall obtain 25 percent of the signatures required by
 1041  s. 99.095.
 1042         (d) The qualifying fees and party assessments of such
 1043  candidates as may qualify shall be the same as collected for the
 1044  same office at the last previous primary for that office. The
 1045  party assessment shall be paid to the appropriate executive
 1046  committee of the political party to which the candidate belongs.
 1047         (e) Each county canvassing board shall make as speedy a
 1048  return of the result of such special primary elections and
 1049  special elections as time will permit, and the Elections
 1050  Canvassing Commission likewise shall make as speedy a canvass
 1051  and declaration of the nominees as time will permit.
 1052         (3)(4)(a) In the event that death, resignation, withdrawal,
 1053  removal, or any other cause or event should cause a party to
 1054  have a vacancy in nomination which leaves no candidate for an
 1055  office from such party, the filing officer before whom the
 1056  candidate qualified Department of State shall notify the chair
 1057  of the appropriate state and county, district, or county
 1058  political party executive committee of such party; and,
 1059         1.If the vacancy in nomination is for a statewide office,
 1060  the state party chair shall, within 5 days, the chair shall call
 1061  a meeting of his or her executive board committee to consider
 1062  designation of a nominee to fill the vacancy.
 1063         2.If the vacancy in nomination is for a legislative or
 1064  multicounty office, the state party chair shall notify the
 1065  appropriate county chair or chairs and, within 5 days, the
 1066  appropriate county chair or chairs shall call a meeting of the
 1067  members of the executive committee in the affected county or
 1068  counties to consider designation of a nominee to fill the
 1069  vacancy.
 1070         3.If the vacancy in nomination is for a county office, the
 1071  state party chair shall notify the appropriate county chair and,
 1072  within 5 days, the appropriate county chair shall call a meeting
 1073  of his or her executive committee to consider designation of a
 1074  nominee to fill the vacancy.
 1075  
 1076  The name of any person so designated shall be submitted to the
 1077  filing officer before whom the candidate qualified Department of
 1078  State within 7 days after notice to the chair in order that the
 1079  person designated may have his or her name on the ballot of the
 1080  ensuing general election. If the name of the new nominee is
 1081  submitted after the certification of results of the preceding
 1082  primary election, however, the ballots shall not be changed and
 1083  the former party nominee’s name will appear on the ballot. Any
 1084  ballots cast for the former party nominee will be counted for
 1085  the person designated by the political party to replace the
 1086  former party nominee. If there is no opposition to the party
 1087  nominee, the person designated by the political party to replace
 1088  the former party nominee will be elected to office at the
 1089  general election. For purposes of this paragraph, the term
 1090  “district political party executive committee” means the members
 1091  of the state executive committee of a political party from those
 1092  counties comprising the area involving a district office.
 1093         (b) When, under the circumstances set forth in the
 1094  preceding paragraph, vacancies in nomination are required to be
 1095  filled by committee nominations, such vacancies shall be filled
 1096  by party rule. In any instance in which a nominee is selected by
 1097  a committee to fill a vacancy in nomination, such nominee shall
 1098  pay the same filing fee and take the same oath as the nominee
 1099  would have taken had he or she regularly qualified for election
 1100  to such office.
 1101         (c) Any person who, at the close of qualifying as
 1102  prescribed in ss. 99.061 and 105.031, was qualified for
 1103  nomination or election to or retention in a public office to be
 1104  filled at the ensuing general election or who attempted to
 1105  qualify and failed to qualify is prohibited from qualifying as a
 1106  candidate to fill a vacancy in nomination for any other office
 1107  to be filled at that general election, even if such person has
 1108  withdrawn or been eliminated as a candidate for the original
 1109  office sought. However, this paragraph does not apply to a
 1110  candidate for the office of Lieutenant Governor who applies to
 1111  fill a vacancy in nomination for the office of Governor on the
 1112  same ticket or to a person who has withdrawn or been eliminated
 1113  as a candidate and who is subsequently designated as a candidate
 1114  for Lieutenant Governor under s. 99.063.
 1115         (4)A vacancy in nomination is not created if an order of a
 1116  court that has become final determines that a nominee did not
 1117  properly qualify or did not meet the necessary qualifications to
 1118  hold the office for which he or she sought to qualify.
 1119         (5) In the event of unforeseeable circumstances not
 1120  contemplated in these general election laws concerning the
 1121  calling and holding of special primary elections and special
 1122  elections resulting from court order or other unpredictable
 1123  circumstances, the Department of State shall have the authority
 1124  to provide for the conduct of orderly elections.
 1125         Section 22. Subsections (1), (3), (6), (7), and (8) of
 1126  section 100.371, Florida Statutes, are amended to read:
 1127         100.371 Initiatives; procedure for placement on ballot.—
 1128         (1) Constitutional amendments proposed by initiative shall
 1129  be placed on the ballot for the general election, provided the
 1130  initiative petition has been filed with the Secretary of State
 1131  no later than February 1 of the year the general election is
 1132  held. A petition shall be deemed to be filed with the Secretary
 1133  of State upon the date the secretary determines that valid and
 1134  verified petition forms have been signed by the constitutionally
 1135  required number and distribution of electors under this code,
 1136  subject to the right of revocation established in this section.
 1137         (3) An initiative petition form circulated for signature
 1138  may not be bundled with or attached to any other petition. Each
 1139  signature shall be dated when made and shall be valid for a
 1140  period of 2 4 years following such date, provided all other
 1141  requirements of law are met. The sponsor shall submit signed and
 1142  dated forms to the appropriate supervisor of elections for the
 1143  county of residence listed by the person signing the form for
 1144  verification of as to the number of registered electors whose
 1145  valid signatures obtained appear thereon. If a signature on a
 1146  petition is from a registered voter in another county, the
 1147  supervisor shall notify the petition sponsor of the misfiled
 1148  petition. The supervisor shall promptly verify the signatures
 1149  within 30 days after of receipt of the petition forms and
 1150  payment of the fee required by s. 99.097. The supervisor shall
 1151  promptly record, in the manner prescribed by the Secretary of
 1152  State, the date each form is received by the supervisor, and the
 1153  date the signature on the form is verified as valid. The
 1154  supervisor may verify that the signature on a form is valid only
 1155  if:
 1156         (a) The form contains the original signature of the
 1157  purported elector.
 1158         (b) The purported elector has accurately recorded on the
 1159  form the date on which he or she signed the form.
 1160         (c) The form accurately sets forth the purported elector’s
 1161  name, street address, city, county, and voter registration
 1162  number or date of birth.
 1163         (d) The purported elector is, at the time he or she signs
 1164  the form and at the time the form is verified, a duly qualified
 1165  and registered elector authorized to vote in the state county in
 1166  which his or her signature is submitted.
 1167  
 1168  The supervisor shall retain the signature forms for at least 1
 1169  year following the election in which the issue appeared on the
 1170  ballot or until the Division of Elections notifies the
 1171  supervisors of elections that the committee that which
 1172  circulated the petition is no longer seeking to obtain ballot
 1173  position.
 1174         (6)(a) An elector’s signature on a petition form may be
 1175  revoked within 150 days of the date on which he or she signed
 1176  the petition form by submitting to the appropriate supervisor of
 1177  elections a signed petition-revocation form.
 1178         (b) The petition-revocation form and the manner in which
 1179  signatures are obtained, submitted, and verified shall be
 1180  subject to the same relevant requirements and timeframes as the
 1181  corresponding petition form and processes under this code and
 1182  shall be approved by the Secretary of State before any signature
 1183  on a petition-revocation form is obtained.
 1184         (c) In those circumstances in which a petition-revocation
 1185  form for a corresponding initiative petition has not been
 1186  submitted and approved, an elector may complete and submit a
 1187  standard petition-revocation form directly to the supervisor of
 1188  elections. All other requirements and processes apply for the
 1189  submission and verification of the signatures as for initiative
 1190  petitions.
 1191         (d) Supervisors of elections shall provide petition
 1192  revocation forms to the public at all main and branch offices.
 1193         (e) The petition-revocation form shall be filed with the
 1194  supervisor of elections by February 1 preceding the next general
 1195  election or, if the initiative amendment is not certified for
 1196  ballot position in that election, by February 1 preceding the
 1197  next successive general election. The supervisor of elections
 1198  shall promptly verify the signature on the petition-revocation
 1199  form and process such revocation upon payment, in advance, of a
 1200  fee of 10 cents or the actual cost of verifying such signature,
 1201  whichever is less. The supervisor shall promptly record each
 1202  valid and verified signature on a petition-revocation form in
 1203  the manner prescribed by the Secretary of State.
 1204         (f) The division shall adopt by rule the petition
 1205  revocation forms to be used under this subsection.
 1206         (6)(7) The Department of State may adopt rules in
 1207  accordance with s. 120.54 to carry out the provisions of
 1208  subsections (1)-(5) subsections (1)-(6).
 1209         (7)(8) No provision of this code shall be deemed to
 1210  prohibit a private person exercising lawful control over
 1211  privately owned property, including property held open to the
 1212  public for the purposes of a commercial enterprise, from
 1213  excluding from such property persons seeking to engage in
 1214  activity supporting or opposing initiative amendments.
 1215         Section 23. Subsection (1) of section 101.043, Florida
 1216  Statutes, is amended to read:
 1217         101.043 Identification required at polls.—
 1218         (1) The precinct register, as prescribed in s. 98.461,
 1219  shall be used at the polls for the purpose of identifying the
 1220  elector at the polls prior to allowing him or her to vote. The
 1221  clerk or inspector shall require each elector, upon entering the
 1222  polling place, to present one of the following current and valid
 1223  picture identifications:
 1224         (a) Florida driver’s license.
 1225         (b) Florida identification card issued by the Department of
 1226  Highway Safety and Motor Vehicles.
 1227         (c) United States passport.
 1228         (d) Debit or credit card.
 1229         (e) Military identification.
 1230         (f) Student identification.
 1231         (g) Retirement center identification.
 1232         (h) Neighborhood association identification.
 1233         (i) Public assistance identification.
 1234  
 1235  If the picture identification does not contain the signature of
 1236  the elector voter, an additional identification that provides
 1237  the elector’s voter’s signature shall be required. The address
 1238  appearing on the identification presented by the elector may not
 1239  be used as the basis to confirm an elector’s legal residence or
 1240  otherwise challenge an elector’s legal residence. The elector
 1241  shall sign his or her name in the space provided on the precinct
 1242  register or on an electronic device provided for recording the
 1243  elector’s voter’s signature. The clerk or inspector shall
 1244  compare the signature with that on the identification provided
 1245  by the elector and enter his or her initials in the space
 1246  provided on the precinct register or on an electronic device
 1247  provided for that purpose and allow the elector to vote if the
 1248  clerk or inspector is satisfied as to the identity of the
 1249  elector.
 1250         Section 24. Section 101.045, Florida Statutes, is amended
 1251  to read:
 1252         (Substantial rewording of section. See
 1253         s. 101.045, F.S., for present text.)
 1254         101.045 Electors must be registered in precinct.—
 1255         (1)A person is not permitted to vote in any election
 1256  precinct or district other than the one in which the person has
 1257  his or her legal residence and in which the person is
 1258  registered. However, a person temporarily residing outside the
 1259  county shall be registered in the precinct in which the main
 1260  office of the supervisor, as designated by the supervisor, is
 1261  located when the person has no permanent address in the county
 1262  and it is the person’s intention to remain a resident of Florida
 1263  and of the county in which he or she is registered to vote. Such
 1264  persons who are registered in the precinct in which the main
 1265  office of the supervisor, as designated by the supervisor, is
 1266  located and who are residing outside the county with no
 1267  permanent address in the county may not be registered electors
 1268  of a municipality and therefore are not permitted to vote in any
 1269  municipal elections.
 1270         (2)If the elector’s eligibility to vote cannot be
 1271  determined, he or she is entitled to vote using a provisional
 1272  ballot, subject to the requirements and procedures in s.
 1273  101.048.
 1274         Section 25. Subsection (2) of section 101.131, Florida
 1275  Statutes, is amended, and subsections (4) and (5) are added to
 1276  that section, to read:
 1277         101.131 Watchers at polls.—
 1278         (2) Each party, each political committee, and each
 1279  candidate requesting to have poll watchers shall designate, in
 1280  writing to the supervisors of elections, on a form prescribed by
 1281  the division, before prior to noon of the second Tuesday
 1282  preceding the election poll watchers for each polling room on
 1283  election day. Designations of poll watchers for early voting
 1284  areas shall be submitted in writing to the supervisor of
 1285  elections, on a form prescribed by the division, before noon at
 1286  least 14 days before early voting begins. The poll watchers for
 1287  each polling rooms room shall be approved by the supervisor of
 1288  elections on or before the Tuesday before the election. Poll
 1289  watchers for early voting areas shall be approved by the
 1290  supervisor of elections no later than 7 days before early voting
 1291  begins. The supervisor shall furnish to each election board a
 1292  list of the poll watchers designated and approved for such
 1293  polling rooms room or early voting areas area. Designation of
 1294  poll watchers shall be made by the chair of the county executive
 1295  committee of a political party, the chair of a political
 1296  committee, or the candidate requesting to have poll watchers.
 1297         (4) All poll watchers shall be allowed to enter and watch
 1298  polls in all polling rooms and early voting areas within the
 1299  county in which they have been designated if the number of poll
 1300  watchers at any particular polling place does not exceed the
 1301  number provided in this section.
 1302         (5) The supervisor of elections shall provide to each
 1303  designated poll watcher, no later than 7 days before early
 1304  voting begins, a poll watcher identification badge that
 1305  identifies the poll watcher by name. Each poll watcher must wear
 1306  his or her identification badge while in the polling room or
 1307  early voting area.
 1308         Section 26. Subsections (1), (2), and (3) of section
 1309  101.151, Florida Statutes, are amended to read:
 1310         101.151 Specifications for ballots.—
 1311         (1)(a) Marksense ballots shall be printed on paper of such
 1312  thickness that the printing cannot be distinguished from the
 1313  back and shall meet the specifications of the voting system that
 1314  will be used to tabulate the ballots.
 1315         (b) Early voting sites may employ a ballot-on-demand
 1316  production system to print individual marksense ballots,
 1317  including provisional ballots, for eligible electors pursuant to
 1318  s. 101.657. Ballot-on-demand technology may be used to produce
 1319  marksense absentee and election-day ballots. Not later than 30
 1320  days before an election, the Secretary of State may also
 1321  authorize in writing the use of ballot-on-demand technology for
 1322  the production of election-day ballots.
 1323         (2)(a) The ballot shall have the following office titles
 1324  headings under which shall appear the names of the offices and
 1325  the names of the candidates for the respective offices in the
 1326  following order:
 1327         1. The office titles of heading “President and Vice
 1328  President of the United States and thereunder the names of the
 1329  candidates for President and Vice President of the United States
 1330  nominated by the political party that received the highest vote
 1331  for Governor in the last general election of the Governor in
 1332  this state. Then shall appear the names of other candidates for
 1333  President and Vice President of the United States who have been
 1334  properly nominated.
 1335         2. The office titles Then shall follow the heading
 1336  “Congressional” and thereunder the offices of United States
 1337  Senator and Representative in Congress.;
 1338         3. The office titles then the heading “State” and
 1339  thereunder the offices of Governor and Lieutenant Governor,
 1340  Attorney General, Chief Financial Officer, Commissioner of
 1341  Agriculture, State Attorney, with the applicable judicial
 1342  circuit printed beneath the office, and Public Defender, with
 1343  the applicable judicial circuit printed beneath the office.
 1344  together with the names of the candidates for each office and
 1345  the title of the office which they seek; then the heading
 1346  “Legislative” and thereunder
 1347         4. The office titles offices of State Senator and State
 1348  Representative, with the applicable district for the office
 1349  printed beneath.; then the heading “County” and thereunder
 1350         5. The office titles of County Clerk of the Circuit Court,
 1351  or Clerk of the Circuit Court and Comptroller, whichever is
 1352  applicable and when authorized by law, Clerk of the County
 1353  Court, (when authorized by law), County Sheriff, County Property
 1354  Appraiser, County Tax Collector, District Superintendent of
 1355  Schools, and County Supervisor of Elections.
 1356         6. The office titles Thereafter follows: members of the
 1357  Board of County Commissioners, with the applicable district
 1358  printed beneath each office, and such other county and district
 1359  offices as are involved in the election, in the order fixed by
 1360  the Department of State, followed, in the year of their
 1361  election, by “Party Offices,” and thereunder the offices of
 1362  state and county party executive committee members.
 1363         (b) In a general election, in addition to the names printed
 1364  on the ballot, a blank space shall be provided under each
 1365  heading for an office for which a write-in candidate has
 1366  qualified. With respect to write-in candidates, if two or more
 1367  candidates are seeking election to one office, only one blank
 1368  space shall be provided.
 1369         (c)(b) When more than one candidate is nominated for
 1370  office, the candidates for such office shall qualify and run in
 1371  a group or district, and the group or district number shall be
 1372  printed beneath the name of the office. Each nominee of a
 1373  political party chosen in a primary shall appear on the general
 1374  election ballot in the same numbered group or district as on the
 1375  primary election ballot.
 1376         (d)(c) If in any election all the offices as set forth in
 1377  paragraph (a) are not involved, those offices not to be filled
 1378  shall be omitted and the remaining offices shall be arranged on
 1379  the ballot in the order named.
 1380         (3)(a) The names of the candidates of the party that
 1381  received the highest number of votes for Governor in the last
 1382  election in which a Governor was elected shall be placed first
 1383  under the heading for each office on the general election
 1384  ballot, together with an appropriate abbreviation of the party
 1385  name; the names of the candidates of the party that received the
 1386  second highest vote for Governor shall be placed second under
 1387  the heading for each office, together with an appropriate
 1388  abbreviation of the party name.
 1389         (b) Minor political party candidates and candidates with no
 1390  party affiliation shall have their names appear on the general
 1391  election ballot following the names of recognized political
 1392  parties, in the same order as they were qualified, certified
 1393  followed by the names of candidates with no party affiliation,
 1394  in the order as they were qualified.
 1395         Section 27. Subsection (2) of section 101.161, Florida
 1396  Statutes, is amended to read:
 1397         101.161 Referenda; ballots.—
 1398         (2)(a) The substance and ballot title of a constitutional
 1399  amendment proposed by initiative shall be prepared by the
 1400  sponsor and approved by the Secretary of State in accordance
 1401  with rules adopted pursuant to s. 120.54. The Department of
 1402  State shall give each proposed constitutional amendment a
 1403  designating number for convenient reference. This number
 1404  designation shall appear on the ballot. Designating numbers
 1405  shall be assigned in the order of filing or certification and in
 1406  accordance with rules adopted by the Department of State. The
 1407  Department of State shall furnish the designating number, the
 1408  ballot title, and the substance of each amendment to the
 1409  supervisor of elections of each county in which such amendment
 1410  is to be voted on.
 1411         (b) Any action for a judicial determination that the ballot
 1412  title or substance embodied in a joint resolution is inaccurate,
 1413  misleading, or otherwise defective must be commenced within 30
 1414  days after the joint resolution is filed with the Secretary of
 1415  State or at least 150 days before the election at which the
 1416  amendment will appear on the ballot, whichever occurs later. The
 1417  court, including any appellate court, shall accord the case
 1418  priority over other pending cases and render a decision as
 1419  expeditiously as possible. If the court determines that the
 1420  ballot title or substance embodied in the joint resolution is
 1421  defective and further appeals are declined, abandoned, or
 1422  exhausted, the Attorney General shall promptly prepare a revised
 1423  ballot title and substance that correct the deficiencies
 1424  identified by the court, and the Department of State shall
 1425  furnish a designating number and the revised ballot title and
 1426  substance to the supervisors of elections for placement on the
 1427  ballot. A defect in the ballot title or substance embodied in
 1428  the joint resolution is not grounds to remove the proposed
 1429  amendment from the ballot.
 1430         Section 28. Paragraph (a) of subsection (2) of section
 1431  101.5605, Florida Statutes, is amended to read:
 1432         101.5605 Examination and approval of equipment.—
 1433         (2)(a) Any person owning or interested in an electronic or
 1434  electromechanical voting system may submit it to the Department
 1435  of State for examination. The vote counting segment shall be
 1436  certified after a satisfactory evaluation testing has been
 1437  performed according to the standards adopted under s. 101.015(1)
 1438  electronic industry standards. This testing shall include, but
 1439  is not limited to, testing of all software required for the
 1440  voting system’s operation; the ballot reader; the rote
 1441  processor, especially in its logic and memory components; the
 1442  digital printer; the fail-safe operations; the counting center
 1443  environmental requirements; and the equipment reliability
 1444  estimate. For the purpose of assisting in examining the system,
 1445  the department shall employ or contract for services of at least
 1446  one individual who is expert in one or more fields of data
 1447  processing, mechanical engineering, and public administration
 1448  and shall require from the individual a written report of his or
 1449  her examination.
 1450         Section 29. Subsection (11) of section 101.5606, Florida
 1451  Statutes, is amended to read
 1452         101.5606 Requirements for approval of systems.—No
 1453  electronic or electromechanical voting system shall be approved
 1454  by the Department of State unless it is so constructed that:
 1455         (11) It is capable of automatically producing precinct
 1456  totals in printed, marked, or punched form, or a combination
 1457  thereof.
 1458         Section 30. Paragraph (a) of subsection (4) of section
 1459  101.5612, Florida Statutes, is amended to read:
 1460         101.5612 Testing of tabulating equipment.—
 1461         (4)(a)1. For electronic or electromechanical voting systems
 1462  configured to include electronic or electromechanical tabulation
 1463  devices which are distributed to the precincts, all or a sample
 1464  of the devices to be used in the election shall be publicly
 1465  tested. If a sample is to be tested, the sample shall consist of
 1466  a random selection of at least 5 percent or 10 of the devices
 1467  for an optical scan system or 2 percent of the devices for a
 1468  touchscreen system or 10 of the devices for either system, as
 1469  applicable, whichever is greater. For touchscreen systems used
 1470  for voters having a disability, a sample of at least 2 percent
 1471  of the devices must be tested. The test shall be conducted by
 1472  processing a group of ballots, causing the device to output
 1473  results for the ballots processed, and comparing the output of
 1474  results to the results expected for the ballots processed. The
 1475  group of ballots shall be produced so as to record a
 1476  predetermined number of valid votes for each candidate and on
 1477  each measure and to include for each office one or more ballots
 1478  which have activated voting positions in excess of the number
 1479  allowed by law in order to test the ability of the tabulating
 1480  device to reject such votes.
 1481         2. If any tested tabulating device is found to have an
 1482  error in tabulation, it shall be deemed unsatisfactory. For each
 1483  device deemed unsatisfactory, the canvassing board shall take
 1484  steps to determine the cause of the error, shall attempt to
 1485  identify and test other devices that could reasonably be
 1486  expected to have the same error, and shall test a number of
 1487  additional devices sufficient to determine that all devices are
 1488  satisfactory. Upon deeming any device unsatisfactory, the
 1489  canvassing board may require all devices to be tested or may
 1490  declare that all devices are unsatisfactory.
 1491         3. If the operation or output of any tested tabulation
 1492  device, such as spelling or the order of candidates on a report,
 1493  is in error, such problem shall be reported to the canvassing
 1494  board. The canvassing board shall then determine if the reported
 1495  problem warrants its deeming the device unsatisfactory.
 1496         Section 31. Subsection (4) of section 101.5614, Florida
 1497  Statutes, is amended to read:
 1498         101.5614 Canvass of returns.—
 1499         (4) If ballot cards are used, and separate write-in ballots
 1500  or envelopes for casting write-in votes are used, write-in
 1501  ballots or the envelopes on which write-in ballots have been
 1502  cast shall be serially numbered, starting with the number one,
 1503  and the same number shall be placed on the ballot card of the
 1504  voter. This process may be completed at either the precinct by
 1505  the election board or at the central counting location. For each
 1506  ballot or ballot image and ballot envelope on which write-in
 1507  votes have been cast, the canvassing board shall compare the
 1508  write-in votes with the votes cast on the ballot card; if the
 1509  total number of votes for any office exceeds the number allowed
 1510  by law, a notation to that effect, specifying the office
 1511  involved, shall be entered on the back of the ballot card or in
 1512  a margin if voting areas are printed on both sides of the ballot
 1513  card. such votes shall not be counted. All valid votes shall be
 1514  tallied by the canvassing board.
 1515         Section 32. Subsection (6) is added to section 101.591,
 1516  Florida Statutes, to read:
 1517         101.591 Voting system audit.—
 1518         (6) If a manual recount is undertaken pursuant to s.
 1519  102.166, the canvassing board is not required to perform the
 1520  audit provided for in this section.
 1521         Section 33. Paragraphs (a) and (b) of subsection (1), and
 1522  subsections (3) and (4) of section 101.62, Florida Statutes, are
 1523  amended to read:
 1524         101.62 Request for absentee ballots.—
 1525         (1)(a) The supervisor shall accept a request for an
 1526  absentee ballot from an elector in person or in writing. One
 1527  request shall be deemed sufficient to receive an absentee ballot
 1528  for all elections through the end of the calendar year of the
 1529  next two regularly scheduled general elections election, unless
 1530  the elector or the elector’s designee indicates at the time the
 1531  request is made the elections for which the elector desires to
 1532  receive an absentee ballot. Such request may be considered
 1533  canceled when any first-class mail sent by the supervisor to the
 1534  elector is returned as undeliverable.
 1535         (b) The supervisor may accept a written or telephonic
 1536  request for an absentee ballot from the elector, or, if directly
 1537  instructed by the elector, a member of the elector’s immediate
 1538  family, or the elector’s legal guardian. For purposes of this
 1539  section, the term “immediate family” has the same meaning as
 1540  specified in paragraph (4)(c) paragraph (4)(b). The person
 1541  making the request must disclose:
 1542         1. The name of the elector for whom the ballot is
 1543  requested.
 1544         2. The elector’s address.
 1545         3. The elector’s date of birth.
 1546         4. The requester’s name.
 1547         5. The requester’s address.
 1548         6. The requester’s driver’s license number, if available.
 1549         7. The requester’s relationship to the elector.
 1550         8. The requester’s signature (written requests only).
 1551         (3) For each request for an absentee ballot received, the
 1552  supervisor shall record the date the request was made, the date
 1553  the absentee ballot was delivered to the voter or the voter’s
 1554  designee or the date the absentee ballot was delivered to the
 1555  post office or other carrier, the date the ballot was received
 1556  by the supervisor, and such other information he or she may deem
 1557  necessary. This information shall be provided in electronic
 1558  format as provided by rule adopted by the division. The
 1559  information shall be updated and made available no later than 8
 1560  a.m. noon of each day, including weekends, beginning 60 days
 1561  before the primary until 15 days after the general election and
 1562  shall be contemporaneously provided to the division. This
 1563  information shall be confidential and exempt from the provisions
 1564  of s. 119.07(1) and shall be made available to or reproduced
 1565  only for the voter requesting the ballot, a canvassing board, an
 1566  election official, a political party or official thereof, a
 1567  candidate who has filed qualification papers and is opposed in
 1568  an upcoming election, and registered political committees or
 1569  registered committees of continuous existence, for political
 1570  purposes only.
 1571         (4)(a) No later than 45 days before each presidential
 1572  preference primary election, primary election, and general
 1573  election, the supervisor of elections shall send an absentee
 1574  ballot as provided in subparagraph (c)2. subparagraph (b)2. to
 1575  each absent uniformed services voter and to each overseas voter
 1576  who has requested an absentee ballot.
 1577         (b) The supervisor shall begin mailing absentee ballots
 1578  between the 35th and 30th day before the presidential preference
 1579  primary election, special election, primary election, and
 1580  general election to each absent qualified voter, other than
 1581  those listed in paragraph (a), who has requested such a ballot.
 1582  Except as otherwise provided in subsection (2) and after the
 1583  period described in this paragraph, the supervisor shall mail
 1584  absentee ballots within 48 hours after receiving a request for
 1585  such a ballot.
 1586         (c)(b) The supervisor shall provide an absentee ballot to
 1587  each elector by whom a request for that ballot has been made by
 1588  one of the following means:
 1589         1. By nonforwardable, return-if-undeliverable mail to the
 1590  elector’s current mailing address on file with the supervisor
 1591  or, unless the elector specifies in the request that:
 1592         a. The elector is absent from the county and does not plan
 1593  to return before the day of the election;
 1594         b. The elector is temporarily unable to occupy the
 1595  residence because of hurricane, tornado, flood, fire, or other
 1596  emergency or natural disaster; or
 1597         c. The elector is in a hospital, assisted living facility,
 1598  nursing home, short-term medical or rehabilitation facility, or
 1599  correctional facility,
 1600  
 1601  in which case the supervisor shall mail the ballot by
 1602  nonforwardable, return-if-undeliverable mail to any other
 1603  address the elector specifies in the request.
 1604         2. By forwardable mail, e-mail, or facsimile machine
 1605  transmission to absent uniformed services voters and overseas
 1606  voters. The absent uniformed services voter or overseas voter
 1607  may designate in the absentee ballot request the preferred
 1608  method of transmission. If the voter does not designate the
 1609  method of transmission, the absentee ballot shall be mailed.
 1610         3. By personal delivery before 7 p.m. on election day to
 1611  the elector, upon presentation of the identification required in
 1612  s. 101.043.
 1613         4. By delivery to a designee on election day or up to 5
 1614  days prior to the day of an election. Any elector may designate
 1615  in writing a person to pick up the ballot for the elector;
 1616  however, the person designated may not pick up more than two
 1617  absentee ballots per election, other than the designee’s own
 1618  ballot, except that additional ballots may be picked up for
 1619  members of the designee’s immediate family. For purposes of this
 1620  section, “immediate family” means the designee’s spouse or the
 1621  parent, child, grandparent, or sibling of the designee or of the
 1622  designee’s spouse. The designee shall provide to the supervisor
 1623  the written authorization by the elector and a picture
 1624  identification of the designee and must complete an affidavit.
 1625  The designee shall state in the affidavit that the designee is
 1626  authorized by the elector to pick up that ballot and shall
 1627  indicate if the elector is a member of the designee’s immediate
 1628  family and, if so, the relationship. The department shall
 1629  prescribe the form of the affidavit. If the supervisor is
 1630  satisfied that the designee is authorized to pick up the ballot
 1631  and that the signature of the elector on the written
 1632  authorization matches the signature of the elector on file, the
 1633  supervisor shall give the ballot to that designee for delivery
 1634  to the elector.
 1635         Section 34. Section 101.65, Florida Statutes, is amended to
 1636  read:
 1637         101.65 Instructions to absent electors.—The supervisor
 1638  shall enclose with each absentee ballot separate printed
 1639  instructions in substantially the following form:
 1640  
 1641         READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
 1642         1. VERY IMPORTANT. In order to ensure that your absentee
 1643  ballot will be counted, it should be completed and returned as
 1644  soon as possible so that it can reach the supervisor of
 1645  elections of the county in which your precinct is located no
 1646  later than 7 p.m. on the day of the election.
 1647         2. Mark your ballot in secret as instructed on the ballot.
 1648  You must mark your own ballot unless you are unable to do so
 1649  because of blindness, disability, or inability to read or write.
 1650         3. Mark only the number of candidates or issue choices for
 1651  a race as indicated on the ballot. If you are allowed to “Vote
 1652  for One” candidate and you vote for more than one candidate,
 1653  your vote in that race will not be counted.
 1654         4. Place your marked ballot in the enclosed secrecy
 1655  envelope.
 1656         5. Insert the secrecy envelope into the enclosed mailing
 1657  envelope which is addressed to the supervisor.
 1658         6. Seal the mailing envelope and completely fill out the
 1659  Voter’s Certificate on the back of the mailing envelope.
 1660         7. VERY IMPORTANT. In order for your absentee ballot to be
 1661  counted, you must sign your name on the line above (Voter’s
 1662  Signature). An absentee ballot will be considered illegal and
 1663  not be counted if the signature on the voter’s certificate does
 1664  not match the signature on record. The signature on file at the
 1665  start of the canvass of the absentee ballots is the signature
 1666  that will be used to verify your signature on the voter’s
 1667  certificate. If you need to update your signature for this
 1668  election, send your signature update on a voter registration
 1669  application to your supervisor of elections so that it is
 1670  received no later than the start of the canvassing of absentee
 1671  ballots, which occurs no earlier than the Wednesday before
 1672  election day.
 1673         8. VERY IMPORTANT. If you are an overseas voter, you must
 1674  include the date you signed the Voter’s Certificate on the line
 1675  above (Date) or your ballot may not be counted.
 1676         9. Mail, deliver, or have delivered the completed mailing
 1677  envelope. Be sure there is sufficient postage if mailed.
 1678         10. FELONY NOTICE. It is a felony under Florida law to
 1679  accept any gift, payment, or gratuity in exchange for your vote
 1680  for a candidate. It is also a felony under Florida law to vote
 1681  in an election using a false identity or false address, or under
 1682  any other circumstances making your ballot false or fraudulent.
 1683         Section 35. Subsection (1) of section 101.657, Florida
 1684  Statutes, is amended to read:
 1685         101.657 Early voting.—
 1686         (1)(a) As a convenience to the voter, the supervisor of
 1687  elections shall allow an elector to vote early in the main or
 1688  branch office of the supervisor. The supervisor shall mark,
 1689  code, indicate on, or otherwise track the voter’s precinct for
 1690  each early voted ballot. In order for a branch office to be used
 1691  for early voting, it shall be a permanent facility of the
 1692  supervisor and shall have been designated and used as such for
 1693  at least 1 year prior to the election. The supervisor may also
 1694  designate any city hall or permanent public library facility as
 1695  early voting sites; however, if so designated, the sites must be
 1696  geographically located so as to provide all voters in the county
 1697  an equal opportunity to cast a ballot, insofar as is
 1698  practicable. The results or tabulation of votes cast during
 1699  early voting may not be made before the close of the polls on
 1700  election day. Results shall be reported by precinct.
 1701         (b) The supervisor shall designate each early voting site
 1702  by no later than the 30th day prior to an election and shall
 1703  designate an early voting area, as defined in s. 97.021, at each
 1704  early voting site.
 1705         (c) All early voting sites in a county shall be open on the
 1706  same days for the same amount of time and shall allow any person
 1707  in line at the closing of an early voting site to vote.
 1708         (d) Early voting shall begin on the 7th 15th day before an
 1709  election which contains state or federal races and end on the
 1710  2nd day before the an election and. For purposes of a special
 1711  election held pursuant to s. 100.101, early voting shall begin
 1712  on the 8th day before an election and end on the 2nd day before
 1713  an election. Early voting shall be provided for 8 hours per
 1714  weekday and 8 hours in the aggregate each weekend at each site
 1715  during the applicable periods. The supervisor of elections may
 1716  provide early voting for elections that are not held in
 1717  conjunction with a state or federal election. However, the
 1718  supervisor has the discretion to determine the hours of
 1719  operation of early voting sites in those elections Early voting
 1720  sites shall open no sooner than 7 a.m. and close no later than 7
 1721  p.m. on each applicable day.
 1722         (e) Notwithstanding the requirements of s. 100.3605,
 1723  municipalities may provide early voting in municipal elections
 1724  that are not held in conjunction with county or state elections.
 1725  If a municipality provides early voting, it may designate as
 1726  many sites as necessary and shall conduct its activities in
 1727  accordance with the provisions of paragraphs (a)-(c). The
 1728  supervisor is not required to conduct early voting if it is
 1729  provided pursuant to this subsection.
 1730         (f) Notwithstanding the requirements of s. 189.405, special
 1731  districts may provide early voting in any district election not
 1732  held in conjunction with county or state elections. If a special
 1733  district provides early voting, it may designate as many sites
 1734  as necessary and shall conduct its activities in accordance with
 1735  the provisions of paragraphs (a)-(c). The supervisor is not
 1736  required to conduct early voting if it is provided pursuant to
 1737  this subsection.
 1738         Section 36. Paragraph (a) of subsection (2) of section
 1739  101.68, Florida Statutes, is amended to read:
 1740         101.68 Canvassing of absentee ballot.—
 1741         (2)(a) The county canvassing board may begin the canvassing
 1742  of absentee ballots at 7 a.m. on the 15th sixth day before the
 1743  election, but not later than noon on the day following the
 1744  election. In addition, for any county using electronic
 1745  tabulating equipment, the processing of absentee ballots through
 1746  such tabulating equipment may begin at 7 a.m. on the 15th sixth
 1747  day before the election. However, notwithstanding any such
 1748  authorization to begin canvassing or otherwise processing
 1749  absentee ballots early, no result shall be released until after
 1750  the closing of the polls in that county on election day. Any
 1751  supervisor of elections, deputy supervisor of elections,
 1752  canvassing board member, election board member, or election
 1753  employee who releases the results of a canvassing or processing
 1754  of absentee ballots prior to the closing of the polls in that
 1755  county on election day commits a felony of the third degree,
 1756  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1757         Section 37. Subsection (2) of section 101.6923, Florida
 1758  Statutes, is amended to read:
 1759         101.6923 Special absentee ballot instructions for certain
 1760  first-time voters.—
 1761         (2) A voter covered by this section shall be provided with
 1762  printed instructions with his or her absentee ballot in
 1763  substantially the following form:
 1764  
 1765  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
 1766  FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
 1767  TO COUNT.
 1768  
 1769         1. In order to ensure that your absentee ballot will be
 1770  counted, it should be completed and returned as soon as possible
 1771  so that it can reach the supervisor of elections of the county
 1772  in which your precinct is located no later than 7 p.m. on the
 1773  date of the election.
 1774         2. Mark your ballot in secret as instructed on the ballot.
 1775  You must mark your own ballot unless you are unable to do so
 1776  because of blindness, disability, or inability to read or write.
 1777         3. Mark only the number of candidates or issue choices for
 1778  a race as indicated on the ballot. If you are allowed to “Vote
 1779  for One” candidate and you vote for more than one, your vote in
 1780  that race will not be counted.
 1781         4. Place your marked ballot in the enclosed secrecy
 1782  envelope and seal the envelope.
 1783         5. Insert the secrecy envelope into the enclosed envelope
 1784  bearing the Voter’s Certificate. Seal the envelope and
 1785  completely fill out the Voter’s Certificate on the back of the
 1786  envelope.
 1787         a. You must sign your name on the line above (Voter’s
 1788  Signature).
 1789         b. If you are an overseas voter, you must include the date
 1790  you signed the Voter’s Certificate on the line above (Date) or
 1791  your ballot may not be counted.
 1792         c. An absentee ballot will be considered illegal and will
 1793  not be counted if the signature on the Voter’s Certificate does
 1794  not match the signature on record. The signature on file at the
 1795  start of the canvass of the absentee ballots is the signature
 1796  that will be used to verify your signature on the Voter’s
 1797  Certificate. If you need to update your signature for this
 1798  election, send your signature update on a voter registration
 1799  application to your supervisor of elections so that it is
 1800  received no later than the start of canvassing of absentee
 1801  ballots, which occurs no earlier than the Wednesday before
 1802  election day.
 1803         6. Unless you meet one of the exemptions in Item 7., you
 1804  must make a copy of one of the following forms of
 1805  identification:
 1806         a. Identification which must include your name and
 1807  photograph: United States passport; debit or credit card;
 1808  military identification; student identification; retirement
 1809  center identification; neighborhood association identification;
 1810  or public assistance identification; or
 1811         b. Identification which shows your name and current
 1812  residence address: current utility bill, bank statement,
 1813  government check, paycheck, or government document (excluding
 1814  voter identification card).
 1815         7. The identification requirements of Item 6. do not apply
 1816  if you meet one of the following requirements:
 1817         a. You are 65 years of age or older.
 1818         b. You have a temporary or permanent physical disability.
 1819         c. You are a member of a uniformed service on active duty
 1820  who, by reason of such active duty, will be absent from the
 1821  county on election day.
 1822         d. You are a member of the Merchant Marine who, by reason
 1823  of service in the Merchant Marine, will be absent from the
 1824  county on election day.
 1825         e. You are the spouse or dependent of a member referred to
 1826  in paragraph c. or paragraph d. who, by reason of the active
 1827  duty or service of the member, will be absent from the county on
 1828  election day.
 1829         f. You are currently residing outside the United States.
 1830         8. Place the envelope bearing the Voter’s Certificate into
 1831  the mailing envelope addressed to the supervisor. Insert a copy
 1832  of your identification in the mailing envelope. DO NOT PUT YOUR
 1833  IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
 1834  INSIDE THE ENVELOPE WHICH BEARS THE VOTER’S CERTIFICATE OR YOUR
 1835  BALLOT WILL NOT COUNT.
 1836         9. Mail, deliver, or have delivered the completed mailing
 1837  envelope. Be sure there is sufficient postage if mailed.
 1838         10. FELONY NOTICE. It is a felony under Florida law to
 1839  accept any gift, payment, or gratuity in exchange for your vote
 1840  for a candidate. It is also a felony under Florida law to vote
 1841  in an election using a false identity or false address, or under
 1842  any other circumstances making your ballot false or fraudulent.
 1843         Section 38. Subsection (3) of section 101.75, Florida
 1844  Statutes, is amended to read:
 1845         101.75 Municipal elections; change of dates for cause.—
 1846         (3) Notwithstanding any provision of local law or municipal
 1847  charter, the governing body of a municipality may, by ordinance,
 1848  move the date of any municipal election to a date concurrent
 1849  with any statewide or countywide election. The dates for
 1850  qualifying for the election moved by the passage of such
 1851  ordinance shall be specifically provided for in the ordinance
 1852  and shall run for no less than 14 days. The term of office for
 1853  any elected municipal official shall commence as provided by the
 1854  relevant municipal charter or ordinance.
 1855         Section 39. Subsection (4) of section 102.168, Florida
 1856  Statutes, is amended, and subsection (8) is added to that
 1857  section, to read:
 1858         102.168 Contest of election.—
 1859         (4) The county canvassing board responsible for canvassing
 1860  the election is an indispensable and proper party defendant in
 1861  county and local elections.; The Elections Canvassing Commission
 1862  is an indispensable and proper party defendant in federal,
 1863  state, and multicounty elections and in elections for justice of
 1864  the Supreme Court, judge of a district court of appeal, and
 1865  judge of a circuit court. races; and The successful candidate is
 1866  an indispensable party to any action brought to contest the
 1867  election or nomination of a candidate.
 1868         (8) In any contest that requires a review of the canvassing
 1869  board’s decision on the legality of an absentee ballot pursuant
 1870  to s. 101.68 based upon a comparison of the signature on the
 1871  voter’s certificate and the signature of the elector in the
 1872  registration records, the circuit court may not review or
 1873  consider any evidence other than the signatures on the voter’s
 1874  certificate and the signature of the elector in the registration
 1875  records. The court’s review of such issue shall be to determine
 1876  only if the canvassing board abused its discretion in making its
 1877  decision.
 1878         Section 40. Subsection (4) of section 103.021, Florida
 1879  Statutes, is amended to read:
 1880         103.021 Nomination for presidential electors.—Candidates
 1881  for presidential electors shall be nominated in the following
 1882  manner:
 1883         (4)(a) A minor political party that is affiliated with a
 1884  national party holding a national convention to nominate
 1885  candidates for President and Vice President of the United States
 1886  may have the names of its candidates for President and Vice
 1887  President of the United States printed on the general election
 1888  ballot by filing with the Department of State a certificate
 1889  naming the candidates for President and Vice President and
 1890  listing the required number of persons to serve as electors.
 1891  Notification to the Department of State under this subsection
 1892  shall be made by September 1 of the year in which the election
 1893  is held. When the Department of State has been so notified, it
 1894  shall order the names of the candidates nominated by the minor
 1895  political party to be included on the ballot and shall permit
 1896  the required number of persons to be certified as electors in
 1897  the same manner as other party candidates. As used in this
 1898  section, the term “national party” means a political party that
 1899  is registered with and recognized as a qualified national
 1900  committee of a political party by the Federal Election
 1901  Commission established and admitted to the ballot in at least
 1902  one state other than Florida.
 1903         (b) A minor political party that is not affiliated with a
 1904  national party holding a national convention to nominate
 1905  candidates for President and Vice President of the United States
 1906  may have the names of its candidates for President and Vice
 1907  President printed on the general election ballot if a petition
 1908  is signed by a number of electors in each of one-half of the
 1909  congressional districts of the state, and of the state as a
 1910  whole, equal to 2 percent of the votes cast in each of such
 1911  districts respectively and in the state as a whole in the last
 1912  preceding election in which presidential electors were chosen 1
 1913  percent of the registered electors of this state, as shown by
 1914  the compilation by the Department of State for the preceding
 1915  general election. A separate petition from each county for which
 1916  signatures are solicited shall be submitted to the supervisors
 1917  of elections of the respective county no later than July 15 of
 1918  each presidential election year. The supervisor shall check the
 1919  names and, on or before the date of the primary election, shall
 1920  certify the number shown as registered electors of the county.
 1921  The supervisor shall be paid by the person requesting the
 1922  certification the cost of checking the petitions as prescribed
 1923  in s. 99.097. The supervisor shall then forward the certificate
 1924  to the Department of State, which shall determine whether or not
 1925  the percentage factor required in this section has been met.
 1926  When the percentage factor required in this section has been
 1927  met, the Department of State shall order the names of the
 1928  candidates for whom the petition was circulated to be included
 1929  on the ballot and shall permit the required number of persons to
 1930  be certified as electors in the same manner as other party
 1931  candidates.
 1932         Section 41. Section 103.095, Florida Statutes, is created
 1933  to read:
 1934         103.095 Minor political parties.—
 1935         (1) Any group of citizens organized for the general
 1936  purposes of electing to office qualified persons and determining
 1937  public issues under the democratic processes of the United
 1938  States may become a minor political party of this state by
 1939  filing with the department a certificate showing the name of the
 1940  organization, the names and addresses of its current officers,
 1941  including the members of its executive committee, accompanied by
 1942  a completed uniform statewide voter registration application as
 1943  specified in s. 97.052 for each of its current officers and
 1944  members of its executive committee which reflect their
 1945  affiliation with the proposed minor political party, and a copy
 1946  of its constitution, bylaws, and rules and regulations.
 1947         (2) All electors registered to vote in the minor political
 1948  party in which he or she has so designated has a fundamental
 1949  right to fully and meaningfully participate in the business and
 1950  affairs of the minor political party without any monetary
 1951  encumbrance. The constitution, bylaws, rules, regulations, or
 1952  other equivalent documents must reflect this fundamental right
 1953  and must provide for and contain reasonable provisions which at
 1954  a minimum must prescribe procedures to: prescribe its
 1955  membership, conduct its meetings according to generally accepted
 1956  parliamentary practices, timely notify its members as to the
 1957  time, date, and place of all of its meetings, timely publish
 1958  notice on its public and functioning website as to the time,
 1959  date, and place of all of its meetings, elect its officers,
 1960  remove its officers, make party nominations when required by
 1961  law, conduct campaigns for party nominees, raise and expend
 1962  party funds, select delegates to its national convention, select
 1963  presidential electors, and alter or amend all of its governing
 1964  documents.
 1965         (3) The members of the executive committee must elect a
 1966  chair, vice chair, secretary, and treasurer, all of whom shall
 1967  be members of the minor political party and no member may hold
 1968  more than one office, except that one person may hold the
 1969  offices of secretary and treasurer.
 1970         (4) Upon approval of the minor political party’s filing,
 1971  the department shall process the voter registration applications
 1972  submitted by the minor political party’s officers and members of
 1973  its executive committee. It shall be the duty of the minor
 1974  political party to notify the department of any changes in the
 1975  filing certificate within 5 days after such changes.
 1976         (5) The Division of Elections shall adopt rules to
 1977  prescribe the manner in which political parties, including minor
 1978  political parties, may have their filings with the Department of
 1979  State canceled. Such rules shall, at a minimum, provide for:
 1980         (a) Notice, which must contain the facts and conduct that
 1981  warrant the intended action, including, but not limited to, the
 1982  failure to have any voters registered in the party, the failure
 1983  to notify the department of replacement officers, and the
 1984  failure to file campaign finance reports, the failure to adopt
 1985  or file with the department all governing documents containing
 1986  the provisions specified in subsection (2), and limited
 1987  activity.
 1988         (b) Adequate opportunity to respond.
 1989         (c) Appeal of the decision to the Florida Elections
 1990  Commission. Such appeals are exempt from the confidentiality
 1991  provisions of s. 106.25.
 1992         (6) The requirements of this section are retroactive for
 1993  any minor political party registered with the department on July
 1994  1, 2011, and must be complied with within 180 days after the
 1995  department provides notice to the minor political party of the
 1996  requirements contained in this section. Failure of the minor
 1997  political party to comply with the requirements within 180 days
 1998  after receipt of the notice shall automatically result in the
 1999  cancellation of the minor political party’s registration.
 2000         Section 42. Subsection (2) of section 103.101, Florida
 2001  Statutes, is amended to read:
 2002         103.101 Presidential preference primary.—
 2003         (2)(a) There shall be a Presidential Candidate Selection
 2004  Committee composed of the Secretary of State, who shall be a
 2005  nonvoting chair; the Speaker of the House of Representatives;
 2006  the President of the Senate; the minority leader of each house
 2007  of the Legislature; and the chair of each political party
 2008  required to have a presidential preference primary under this
 2009  section.
 2010         (b) By October 31 of the year preceding the presidential
 2011  preference primary, each political party shall submit to the
 2012  Secretary of State a list of its presidential candidates to be
 2013  placed on the presidential preference primary ballot or
 2014  candidates entitled to have delegates appear on the presidential
 2015  preference primary ballot. The Secretary of State shall prepare
 2016  and publish a list of the names of the presidential candidates
 2017  submitted not later than on the first Tuesday after the first
 2018  Monday in November of the year preceding the presidential
 2019  preference primary. The Secretary of State shall submit such
 2020  list of names of presidential candidates to the selection
 2021  committee on the first Tuesday after the first Monday in
 2022  November of the year preceding the presidential preference
 2023  primary. Each person designated as a presidential candidate
 2024  shall have his or her name appear, or have his or her delegates’
 2025  names appear, on the presidential preference primary ballot
 2026  unless all committee members of the same political party as the
 2027  candidate agree to delete such candidate’s name from the ballot.
 2028         (c) The selection committee shall meet in Tallahassee on
 2029  the first Tuesday after the first Monday in November of the year
 2030  preceding the presidential preference primary. The selection
 2031  committee shall publicly announce and submit to the Department
 2032  of State no later than 5 p.m. on the following day the names of
 2033  presidential candidates who shall have their names appear, or
 2034  who are entitled to have their delegates’ names appear, on the
 2035  presidential preference primary ballot. The Department of State
 2036  shall immediately notify each presidential candidate listed
 2037  designated by the Secretary of State committee. Such
 2038  notification shall be in writing, by registered mail, with
 2039  return receipt requested.
 2040         Section 43. Section 103.141, Florida Statutes, is amended
 2041  to read:
 2042         103.141 Removal of county executive committee member for
 2043  violation of oath.—
 2044         (1)If Where the county executive committee by at least a
 2045  two-thirds majority vote of the members of the committee,
 2046  attending a meeting held after due notice has been given and at
 2047  which meeting a quorum is present, determines an incumbent
 2048  county executive committee member is to be guilty of an offense
 2049  involving a violation of the member’s oath of office, the said
 2050  member so violating his or her oath shall be removed from office
 2051  and the office shall be deemed vacant. Provided, However, if the
 2052  county committee wrongfully removes a county committee member
 2053  and the committee member so wrongfully removed files suit in the
 2054  circuit court alleging his or her removal was wrongful and wins
 2055  the said suit, the committee member shall be restored to office
 2056  and the county committee shall pay the costs incurred by the
 2057  wrongfully removed committee member in bringing the suit,
 2058  including reasonable attorney’s fees.
 2059         (2)Any officer, county committeeman, county
 2060  committeewoman, precinct committeeman, precinct committeewoman,
 2061  or member of a county executive committee may be removed from
 2062  office pursuant to s. 103.161.
 2063         Section 44. Section 103.161, Florida Statutes, is repealed.
 2064         Section 45. Section 104.29, Florida Statutes, is amended to
 2065  read:
 2066         104.29 Inspectors refusing to allow watchers while ballots
 2067  are counted.—The inspectors or other election officials at the
 2068  polling place shall, after the polls close at all times while
 2069  the ballots are being counted, allow as many as three persons
 2070  near to them to see whether the ballots are being reconciled
 2071  correctly. read and called and the votes correctly tallied, and
 2072  Any official who denies this privilege or interferes therewith
 2073  commits is guilty of a misdemeanor of the first degree,
 2074  punishable as provided in s. 775.082 or s. 775.083.
 2075         Section 46. Subsection (3), paragraph (b) of subsection
 2076  (5), subsection (15), and paragraph (c) of subsection (16) of
 2077  section 106.011, Florida Statutes, are amended to read:
 2078         106.011 Definitions.—As used in this chapter, the following
 2079  terms have the following meanings unless the context clearly
 2080  indicates otherwise:
 2081         (3) “Contribution” means:
 2082         (a) A gift, subscription, conveyance, deposit, loan,
 2083  payment, or distribution of money or anything of value,
 2084  including contributions in kind having an attributable monetary
 2085  value in any form, made for the purpose of influencing the
 2086  results of an election or making an electioneering
 2087  communication.
 2088         (b) A transfer of funds between political committees,
 2089  between committees of continuous existence, between
 2090  electioneering communications organizations, or between any
 2091  combination of these groups.
 2092         (c) The payment, by any person other than a candidate or
 2093  political committee, of compensation for the personal services
 2094  of another person which are rendered to a candidate or political
 2095  committee without charge to the candidate or committee for such
 2096  services.
 2097         (d) The transfer of funds by a campaign treasurer or deputy
 2098  campaign treasurer between a primary depository and a separate
 2099  interest-bearing account or certificate of deposit, and the term
 2100  includes any interest earned on such account or certificate.
 2101  
 2102  Notwithstanding the foregoing meanings of “contribution,” the
 2103  term may word shall not be construed to include services,
 2104  including, but not limited to, legal and accounting services,
 2105  provided without compensation by individuals volunteering a
 2106  portion or all of their time on behalf of a candidate or
 2107  political committee. This definition shall not be construed to
 2108  include editorial endorsements.
 2109         (5)
 2110         (b) An expenditure for the purpose of expressly advocating
 2111  the election or defeat of a candidate which is made by the
 2112  national, state, or county executive committee of a political
 2113  party, including any subordinate committee of a national, state,
 2114  or county committee of a political party, or by any political
 2115  committee or committee of continuous existence, or any other
 2116  person, shall not be considered an independent expenditure if
 2117  the committee or person:
 2118         1. Communicates with the candidate, the candidate’s
 2119  campaign, or an agent of the candidate acting on behalf of the
 2120  candidate, including any pollster, media consultant, advertising
 2121  agency, vendor, advisor, or staff member, concerning the
 2122  preparation of, use of, or payment for, the specific expenditure
 2123  or advertising campaign at issue; or
 2124         2. Makes a payment in cooperation, consultation, or concert
 2125  with, at the request or suggestion of, or pursuant to any
 2126  general or particular understanding with the candidate, the
 2127  candidate’s campaign, a political committee supporting the
 2128  candidate, or an agent of the candidate relating to the specific
 2129  expenditure or advertising campaign at issue; or
 2130         3. Makes a payment for the dissemination, distribution, or
 2131  republication, in whole or in part, of any broadcast or any
 2132  written, graphic, or other form of campaign material prepared by
 2133  the candidate, the candidate’s campaign, or an agent of the
 2134  candidate, including any pollster, media consultant, advertising
 2135  agency, vendor, advisor, or staff member; or
 2136         4. Makes a payment based on information about the
 2137  candidate’s plans, projects, or needs communicated to a member
 2138  of the committee or person by the candidate or an agent of the
 2139  candidate, provided the committee or person uses the information
 2140  in any way, in whole or in part, either directly or indirectly,
 2141  to design, prepare, or pay for the specific expenditure or
 2142  advertising campaign at issue; or
 2143         5. After the last day of the qualifying period prescribed
 2144  for the candidate for statewide or legislative office, consults
 2145  about the candidate’s plans, projects, or needs in connection
 2146  with the candidate’s pursuit of election to office and the
 2147  information is used in any way to plan, create, design, or
 2148  prepare an independent expenditure or advertising campaign,
 2149  with:
 2150         a. Any officer, director, employee, or agent of a national,
 2151  state, or county executive committee of a political party that
 2152  has made or intends to make expenditures in connection with or
 2153  contributions to the candidate; or
 2154         b. Any person whose professional services have been
 2155  retained by a national, state, or county executive committee of
 2156  a political party that has made or intends to make expenditures
 2157  in connection with or contributions to the candidate; or
 2158         6. After the last day of the qualifying period prescribed
 2159  for the candidate for statewide or legislative office, retains
 2160  the professional services of any person also providing those
 2161  services to the candidate in connection with the candidate’s
 2162  pursuit of election to office; or
 2163         7. Arranges, coordinates, or directs the expenditure, in
 2164  any way, with the candidate or an agent of the candidate.
 2165         (15) “Unopposed candidate” means a candidate for nomination
 2166  or election to an office who, after the last day on which any
 2167  person, including a write-in candidate, may qualify, is without
 2168  opposition in the election at which the office is to be filled
 2169  or who is without such opposition after such date as a result of
 2170  any primary election or of withdrawal by other candidates
 2171  seeking the same office. A candidate is not an unopposed
 2172  candidate if there is a vacancy to be filled under s. 100.111(3)
 2173  s. 100.111(4), if there is a legal proceeding pending regarding
 2174  the right to a ballot position for the office sought by the
 2175  candidate, or if the candidate is seeking retention as a justice
 2176  or judge.
 2177         (16) “Candidate” means any person to whom any one or more
 2178  of the following apply:
 2179         (c) Any person who receives contributions or makes
 2180  expenditures, or consents for any other person to receive
 2181  contributions or make expenditures, with a view to bring about
 2182  his or her nomination or election to, or retention in, public
 2183  office. However, this definition does not include any candidate
 2184  for a political party executive committee. Expenditures related
 2185  to potential candidate polls as provided in s. 106.17 are not
 2186  contributions or expenditures for purposes of this subsection.
 2187         Section 47. Subsection (3) of section 106.021, Florida
 2188  Statutes, is amended to read:
 2189         106.021 Campaign treasurers; deputies; primary and
 2190  secondary depositories.—
 2191         (3) No contribution or expenditure, including contributions
 2192  or expenditures of a candidate or of the candidate’s family,
 2193  shall be directly or indirectly made or received in furtherance
 2194  of the candidacy of any person for nomination or election to
 2195  political office in the state or on behalf of any political
 2196  committee except through the duly appointed campaign treasurer
 2197  of the candidate or political committee, subject to the
 2198  following exceptions:
 2199         (a) Independent expenditures;
 2200         (b) Reimbursements to a candidate or any other individual
 2201  for expenses incurred in connection with the campaign or
 2202  activities of the political committee by a check drawn upon the
 2203  campaign account and reported pursuant to s. 106.07(4). After
 2204  July 1, 2004, The full name and address of each person to whom
 2205  the candidate or other individual made payment for which
 2206  reimbursement was made by check drawn upon the campaign account
 2207  shall be reported pursuant to s. 106.07(4), together with the
 2208  purpose of such payment;
 2209         (c) Expenditures made indirectly through a treasurer for
 2210  goods or services, such as communications media placement or
 2211  procurement services, campaign signs, insurance, or other
 2212  expenditures that include multiple integral components as part
 2213  of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
 2214  or
 2215         (d) Expenditures made directly by any political committee
 2216  or political party regulated by chapter 103 for obtaining time,
 2217  space, or services in or by any communications medium for the
 2218  purpose of jointly endorsing three or more candidates, and any
 2219  such expenditure shall not be considered a contribution or
 2220  expenditure to or on behalf of any such candidates for the
 2221  purposes of this chapter.
 2222         Section 48. Section 106.022, Florida Statutes, is amended
 2223  to read:
 2224         106.022 Appointment of a registered agent; duties.—
 2225         (1) Each political committee, committee of continuous
 2226  existence, or electioneering communications organization shall
 2227  have and continuously maintain in this state a registered office
 2228  and a registered agent and must file with the filing officer
 2229  division a statement of appointment for the registered office
 2230  and registered agent. The statement of appointment must:
 2231         (a) Provide the name of the registered agent and the street
 2232  address and phone number for the registered office;
 2233         (b) Identify the entity for whom the registered agent
 2234  serves;
 2235         (c) Designate the address the registered agent wishes to
 2236  use to receive mail;
 2237         (d) Include the entity’s undertaking to inform the filing
 2238  officer division of any change in such designated address;
 2239         (e) Provide for the registered agent’s acceptance of the
 2240  appointment, which must confirm that the registered agent is
 2241  familiar with and accepts the obligations of the position as set
 2242  forth in this section; and
 2243         (f) Contain the signature of the registered agent and the
 2244  entity engaging the registered agent.
 2245         (2) An entity may change its appointment of registered
 2246  agent and registered office under this section by executing a
 2247  written statement of change and filing it with the filing
 2248  officer. The statement must satisfy that identifies the former
 2249  registered agent and registered address and also satisfies all
 2250  of the requirements of subsection (1).
 2251         (3) A registered agent may resign his or her appointment as
 2252  registered agent by executing a written statement of resignation
 2253  and filing it with the filing officer division. An entity
 2254  without a registered agent may not make expenditures or accept
 2255  contributions until it files a written statement of change as
 2256  required in subsection (2).
 2257         Section 49. Subsection (1) of section 106.023, Florida
 2258  Statutes, is amended to read:
 2259         106.023 Statement of candidate.—
 2260         (1) Each candidate must file a statement with the
 2261  qualifying officer within 10 days after filing the appointment
 2262  of campaign treasurer and designation of campaign depository,
 2263  stating that the candidate has read and understands the
 2264  requirements of this chapter. Such statement shall be provided
 2265  by the filing officer and shall be in substantially the
 2266  following form:
 2267  
 2268                       STATEMENT OF CANDIDATE                      
 2269  
 2270         I, ...., candidate for the office of ...., have been
 2271  provided access to received, read, and understand the
 2272  requirements of Chapter 106, Florida Statutes.
 2273  
 2274  ...(Signature of candidate)...                      ...(Date)...
 2275  
 2276  Willful failure to file this form is a violation of ss.
 2277  106.19(1)(c) and 106.25(3), F.S.
 2278         Section 50. Paragraph (c) of subsection (1) of section
 2279  106.025, Florida Statutes, is amended to read:
 2280         106.025 Campaign fund raisers.—
 2281         (1)
 2282         (c) Any tickets or advertising for such a campaign fund
 2283  raiser shall contain the following statement: “The purchase of a
 2284  ticket for, or a contribution to, the campaign fund raiser is a
 2285  contribution to the campaign of ...(name of the candidate for
 2286  whose benefit the campaign fund raiser is held)....” However,
 2287  this paragraph does not apply to any campaign message or
 2288  political advertisement that satisfies the requirements of s.
 2289  106.143(8). Such tickets or advertising shall also comply with
 2290  other provisions of this chapter relating to political
 2291  advertising.
 2292         Section 51. Subsection (1) and paragraph (d) of subsection
 2293  (3) of section 106.03, Florida Statutes, are amended to read:
 2294         106.03 Registration of political committees and
 2295  electioneering communications organizations.—
 2296         (1)(a) Each political committee that anticipates receiving
 2297  contributions or making expenditures during a calendar year in
 2298  an aggregate amount exceeding $500 or that is seeking the
 2299  signatures of registered electors in support of an initiative
 2300  shall file a statement of organization as provided in subsection
 2301  (3) within 10 days after its organization or, if later, within
 2302  10 days after the date on which it has information that causes
 2303  the committee to anticipate that it will receive contributions
 2304  or make expenditures in excess of $500. If a political committee
 2305  is organized within 10 days of any election, it shall
 2306  immediately file the statement of organization required by this
 2307  section.
 2308         (b)1. Each group that electioneering communications
 2309  organization that receives contributions or makes expenditures
 2310  during a calendar year in an aggregate amount exceeding $5,000
 2311  shall file a statement of organization as provided in
 2312  subparagraph 2. by expedited delivery within 24 hours after its
 2313  organization or, if later, within 24 hours after the date on
 2314  which it receives contributions or makes expenditures for an
 2315  electioneering communication in excess of $5,000, if such
 2316  expenditures are made within the time frames specified in s.
 2317  106.011(18)(a)2. If the group makes expenditures for an
 2318  electioneering communication in excess of $5,000 before the time
 2319  frames specified in s. 106.011(18)(a)2., it shall file the
 2320  statement of organization within 24 hours of the 30th day before
 2321  a primary or special primary election, or within 24 hours of the
 2322  60th day before any other election, whichever is applicable.
 2323         2.a. In a statewide, legislative, or multicounty election,
 2324  an electioneering communications organization shall file a
 2325  statement of organization with the Division of Elections.
 2326         b. In a countywide election or any election held on less
 2327  than a countywide basis, except as described in sub-subparagraph
 2328  c., an electioneering communications organization shall file a
 2329  statement of organization with the supervisor of elections of
 2330  the county in which the election is being held.
 2331         c. In a municipal election, an electioneering
 2332  communications organization shall file a statement of
 2333  organization with the officer before whom municipal candidates
 2334  qualify.
 2335         d. Any electioneering communications organization that
 2336  would be required to file a statement of organization in two or
 2337  more locations by reason of the organization’s intention to
 2338  support or oppose candidates at state or multicounty and local
 2339  levels of government need only file a statement of organization
 2340  with the Division of Elections.
 2341         (3)
 2342         (d) Any political committee which would be required under
 2343  this subsection to file a statement of organization in two or
 2344  more locations by reason of the committee’s intention to support
 2345  or oppose candidates or issues at state or multicounty and local
 2346  levels of government need file only with the Division of
 2347  Elections.
 2348         Section 52. Subsection (4) of section 106.04, Florida
 2349  Statutes, is amended, present subsections (7) and (8) of that
 2350  section are amended and renumbered as subsections (8) and (9),
 2351  respectively, and a new subsection (7) is added to that section,
 2352  to read:
 2353         106.04 Committees of continuous existence.—
 2354         (4)(a) Each committee of continuous existence shall file an
 2355  annual report with the Division of Elections during the month of
 2356  January. Such annual reports shall contain the same information
 2357  and shall be accompanied by the same materials as original
 2358  applications filed pursuant to subsection (2). However, the
 2359  charter or bylaws need not be filed if the annual report is
 2360  accompanied by a sworn statement by the chair that no changes
 2361  have been made to such charter or bylaws since the last filing.
 2362         (b)1. Each committee of continuous existence shall file
 2363  regular reports with the Division of Elections at the same times
 2364  and subject to the same filing conditions as are established by
 2365  s. 106.07(1) and (2) for candidates’ reports. In addition, when
 2366  a special election is called to fill a vacancy in office, a
 2367  committee of continuous existence that makes a contribution or
 2368  expenditure to influence the results of such special election or
 2369  the preceding special primary election must file campaign
 2370  finance reports with the filing officer on the dates set by the
 2371  Department of State pursuant to s. 100.111.
 2372         2.A committee of continuous existence that makes a
 2373  contribution or an expenditure to influence the results of a
 2374  county or municipal election that is not being held at the same
 2375  time as a state or federal election must also file campaign
 2376  finance reports with the county or municipal filing officer on
 2377  the same dates as county or municipal candidates or committees
 2378  for that election. The committee of continuous existence must
 2379  also include the contribution or expenditure in the next report
 2380  filed with the Division of Elections pursuant to this section
 2381  following the county or municipal election.
 2382         3.2. Any committee of continuous existence failing to so
 2383  file a report with the Division of Elections or applicable
 2384  filing officer pursuant to this paragraph on the designated due
 2385  date shall be subject to a fine for late filing as provided by
 2386  this section.
 2387         (c) All committees of continuous existence shall file their
 2388  reports with the Division of Elections. Reports shall be filed
 2389  in accordance with s. 106.0705 and shall contain the following
 2390  information:
 2391         1. The full name, address, and occupation of each person
 2392  who has made one or more contributions, including contributions
 2393  that represent the payment of membership dues, to the committee
 2394  during the reporting period, together with the amounts and dates
 2395  of such contributions. For corporations, the report must provide
 2396  as clear a description as practicable of the principal type of
 2397  business conducted by the corporation. However, if the
 2398  contribution is $100 or less, the occupation of the contributor
 2399  or principal type of business need not be listed. However, for
 2400  any contributions that represent the payment of dues by members
 2401  in a fixed amount aggregating no more than $250 per calendar
 2402  year, pursuant to the schedule on file with the Division of
 2403  Elections, only the aggregate amount of such contributions need
 2404  be listed, together with the number of members paying such dues
 2405  and the amount of the membership dues.
 2406         2. The name and address of each political committee or
 2407  committee of continuous existence from which the reporting
 2408  committee received, or the name and address of each political
 2409  committee, committee of continuous existence, or political party
 2410  to which it made, any transfer of funds, together with the
 2411  amounts and dates of all transfers.
 2412         3. Any other receipt of funds not listed pursuant to
 2413  subparagraph 1. or subparagraph 2., including the sources and
 2414  amounts of all such funds.
 2415         4. The name and address of, and office sought by, each
 2416  candidate to whom the committee has made a contribution during
 2417  the reporting period, together with the amount and date of each
 2418  contribution.
 2419         5. The full name and address of each person to whom
 2420  expenditures have been made by or on behalf of the committee
 2421  within the reporting period; the amount, date, and purpose of
 2422  each such expenditure; and the name and address, and office
 2423  sought by, each candidate on whose behalf such expenditure was
 2424  made.
 2425         6. The full name and address of each person to whom an
 2426  expenditure for personal services, salary, or reimbursement for
 2427  authorized expenses has been made, including the full name and
 2428  address of each entity to whom the person made payment for which
 2429  reimbursement was made by check drawn upon the committee
 2430  account, together with the amount and purpose of such payment.
 2431         7. Transaction information from each credit card purchase
 2432  statement that will be included in the next report following
 2433  receipt thereof by the committee. Receipts for each credit card
 2434  purchase shall be retained by the treasurer with the records for
 2435  the committee account.
 2436         8. The total sum of expenditures made by the committee
 2437  during the reporting period.
 2438         (d) The treasurer of each committee shall certify as to the
 2439  correctness of each report and shall bear the responsibility for
 2440  its accuracy and veracity. Any treasurer who willfully certifies
 2441  to the correctness of a report while knowing that such report is
 2442  incorrect, false, or incomplete commits a misdemeanor of the
 2443  first degree, punishable as provided in s. 775.082 or s.
 2444  775.083.
 2445         (7) Any change in information previously submitted to the
 2446  division shall be reported within 10 days following the change.
 2447         (8)(7) If a committee of continuous existence ceases to
 2448  meet the criteria prescribed by subsection (1) or fails to file
 2449  a report or information required pursuant to this chapter, the
 2450  Division of Elections shall revoke its certification until such
 2451  time as the criteria are again met. The Division of Elections
 2452  shall adopt promulgate rules to prescribe the manner in which
 2453  the such certification of a committee of continuous existence
 2454  shall be revoked. Such rules shall, at a minimum, provide for:
 2455         (a) Notice, which must shall contain the facts and conduct
 2456  that warrant the intended action.
 2457         (b) Adequate opportunity to respond.
 2458         (c) Appeal of the decision to the Florida Elections
 2459  Commission. Such appeals are shall be exempt from the
 2460  confidentiality provisions of s. 106.25.
 2461         (9)(8)(a) Any committee of continuous existence failing to
 2462  file a report on the designated due date is shall be subject to
 2463  a fine. The fine shall be $50 per day for the first 3 days late
 2464  and, thereafter, $500 per day for each late day, not to exceed
 2465  25 percent of the total receipts or expenditures, whichever is
 2466  greater, for the period covered by the late report. However, for
 2467  the reports immediately preceding each primary and general
 2468  election, including a special primary election and a special
 2469  general election, the fine shall be $500 per day for each late
 2470  day, not to exceed 25 percent of the total receipts or
 2471  expenditures, whichever is greater, for the period covered by
 2472  the late report. The fine shall be assessed by the filing
 2473  officer, and the moneys collected shall be deposited into:
 2474         1.In The General Revenue Fund, in the case of fines
 2475  collected by the Division of Elections.
 2476         2. The general revenue fund of the political subdivision,
 2477  in the case of fines collected by a county or municipal filing
 2478  officer. No separate fine shall be assessed for failure to file
 2479  a copy of any report required by this section.
 2480         (b) Upon determining that a report is late, the filing
 2481  officer shall immediately notify the treasurer of the committee
 2482  or the committee’s registered agent as to the failure to file a
 2483  report by the designated due date and that a fine is being
 2484  assessed for each late day. Upon receipt of the report, the
 2485  filing officer shall determine the amount of fine which is due
 2486  and shall notify the treasurer of the committee. Notice is
 2487  deemed complete upon proof of delivery of written notice to the
 2488  mailing or street address on record with the filing officer. The
 2489  filing officer shall determine the amount of the fine due based
 2490  upon the earliest of the following:
 2491         1. When the report is actually received by such officer.
 2492         2. When the report is postmarked.
 2493         3. When the certificate of mailing is dated.
 2494         4. When the receipt from an established courier company is
 2495  dated.
 2496  
 2497  Such fine shall be paid to the filing officer within 20 days
 2498  after receipt of the notice of payment due, unless appeal is
 2499  made to the Florida Elections Commission pursuant to paragraph
 2500  (c). An officer or member of a committee is shall not be
 2501  personally liable for such fine.
 2502         (c) Any treasurer of a committee may appeal or dispute the
 2503  fine, based upon unusual circumstances surrounding the failure
 2504  to file on the designated due date, and may request and is shall
 2505  be entitled to a hearing before the Florida Elections
 2506  Commission, which may shall have the authority to waive the fine
 2507  in whole or in part. Any such request must shall be made within
 2508  20 days after receipt of the notice of payment due. In such
 2509  case, the treasurer of The committee shall file a copy of the
 2510  appeal with, within the 20-day period, notify the filing officer
 2511  in writing of his or her intention to bring the matter before
 2512  the commission.
 2513         (d) The filing officer shall notify the Florida Elections
 2514  Commission of the repeated late filing by a committee of
 2515  continuous existence, the failure of a committee of continuous
 2516  existence to file a report after notice, or the failure to pay
 2517  the fine imposed. As used in this paragraph, the term “repeated
 2518  late filing” means at least three late filings occurring within
 2519  any 2-year period. The commission shall treat notification of
 2520  each repeated late filing as a separate violation of this
 2521  section.
 2522         Section 53. Section 106.07, Florida Statutes, is amended to
 2523  read:
 2524         106.07 Reports; certification and filing.—
 2525         (1) Each campaign treasurer designated by a candidate or
 2526  political committee pursuant to s. 106.021 shall file regular
 2527  reports of all contributions received, and all expenditures
 2528  made, by or on behalf of such candidate or political committee.
 2529  Except for the third calendar quarter immediately preceding a
 2530  general election, reports shall be filed on the 10th day
 2531  following the end of each calendar quarter from the time the
 2532  campaign treasurer is appointed, except that, if the 10th day
 2533  following the end of a calendar quarter occurs on a Saturday,
 2534  Sunday, or legal holiday, the report shall be filed on the next
 2535  following day which is not a Saturday, Sunday, or legal holiday.
 2536  Quarterly reports shall include all contributions received and
 2537  expenditures made during the calendar quarter which have not
 2538  otherwise been reported pursuant to this section.
 2539         (a) Except as provided in paragraph (b), following the last
 2540  day of qualifying for office, the reports shall also be filed on
 2541  the 32nd, 18th, and 4th days immediately preceding the primary
 2542  and on the 46th, 32nd, 18th, and 4th days immediately preceding
 2543  the election, for a candidate who is opposed in seeking
 2544  nomination or election to any office, for a political committee,
 2545  or for a committee of continuous existence.
 2546         (b) Following the last day of qualifying for office, Any
 2547  statewide candidate who has requested to receive contributions
 2548  pursuant to from the Florida Election Campaign Financing Act
 2549  Trust Fund or any statewide candidate in a race with a candidate
 2550  who has requested to receive contributions pursuant to from the
 2551  act trust fund shall also file reports on the 4th, 11th, 18th,
 2552  25th, and 32nd days prior to the primary election, and on the
 2553  4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
 2554  the general election.
 2555         (c) Following the last day of qualifying for office, any
 2556  unopposed candidate need only file a report within 90 days after
 2557  the date such candidate became unopposed. Such report shall
 2558  contain all previously unreported contributions and expenditures
 2559  as required by this section and shall reflect disposition of
 2560  funds as required by s. 106.141.
 2561         (d)1. When a special election is called to fill a vacancy
 2562  in office, all political committees and committees of continuous
 2563  existence making contributions or expenditures to influence the
 2564  results of such special election or the preceding special
 2565  primary election shall file campaign treasurers’ reports with
 2566  the filing officer on the dates set by the Department of State
 2567  pursuant to s. 100.111.
 2568         2. When an election is called for an issue to appear on the
 2569  ballot at a time when no candidates are scheduled to appear on
 2570  the ballot, all political committees making contributions or
 2571  expenditures in support of or in opposition to such issue shall
 2572  file reports on the 18th and 4th days prior to such election.
 2573         (e) The filing officer shall provide each candidate with a
 2574  schedule designating the beginning and end of reporting periods
 2575  as well as the corresponding designated due dates.
 2576         (2)(a)1. All reports required of a candidate by this
 2577  section shall be filed with the officer before whom the
 2578  candidate is required by law to qualify. All candidates who file
 2579  with the Department of State shall file their reports pursuant
 2580  to s. 106.0705. Except as provided in s. 106.0705, reports shall
 2581  be filed not later than 5 p.m. of the day designated; however,
 2582  any report postmarked by the United States Postal Service no
 2583  later than midnight of the day designated shall be deemed to
 2584  have been filed in a timely manner. Any report received by the
 2585  filing officer within 5 days after the designated due date that
 2586  was delivered by the United States Postal Service shall be
 2587  deemed timely filed unless it has a postmark that indicates that
 2588  the report was mailed after the designated due date. A
 2589  certificate of mailing obtained from and dated by the United
 2590  States Postal Service at the time of mailing, or a receipt from
 2591  an established courier company, which bears a date on or before
 2592  the date on which the report is due, shall be proof of mailing
 2593  in a timely manner. Reports shall contain information of all
 2594  previously unreported contributions received and expenditures
 2595  made as of the preceding Friday, except that the report filed on
 2596  the Friday immediately preceding the election shall contain
 2597  information of all previously unreported contributions received
 2598  and expenditures made as of the day preceding that designated
 2599  due date. All such reports shall be open to public inspection.
 2600         2. This subsection does not prohibit the governing body of
 2601  a political subdivision, by ordinance or resolution, from
 2602  imposing upon its own officers and candidates electronic filing
 2603  requirements not in conflict with s. 106.0705. Expenditure of
 2604  public funds for such purpose is deemed to be for a valid public
 2605  purpose.
 2606         (b)1. Any report that which is deemed to be incomplete by
 2607  the officer with whom the candidate qualifies shall be accepted
 2608  on a conditional basis., and The campaign treasurer shall be
 2609  notified by certified registered mail or by another method using
 2610  a common carrier that provides a proof of delivery of the notice
 2611  as to why the report is incomplete and within 7 be given 3 days
 2612  after from receipt of such notice must to file an addendum to
 2613  the report providing all information necessary to complete the
 2614  report in compliance with this section. Failure to file a
 2615  complete report after such notice constitutes a violation of
 2616  this chapter.
 2617         2. Notice is deemed complete upon proof of delivery of a
 2618  written notice to the mailing or street address of the campaign
 2619  treasurer or registered agent of record with the filing officer.
 2620  In lieu of the notice by registered mail as required in
 2621  subparagraph 1., the qualifying officer may notify the campaign
 2622  treasurer by telephone that the report is incomplete and request
 2623  the information necessary to complete the report. If, however,
 2624  such information is not received by the qualifying officer
 2625  within 3 days after the telephone request therefor, notice shall
 2626  be sent by registered mail as provided in subparagraph 1.
 2627         (3)(a) Reports required of a political committee shall be
 2628  filed with the agency or officer before whom such committee
 2629  registers pursuant to s. 106.03(3) and shall be subject to the
 2630  same filing conditions as established for candidates’ reports.
 2631  Incomplete reports by political committees shall be treated in
 2632  the manner provided for incomplete reports by candidates in
 2633  subsection (2).
 2634         (b) In addition to the reports required by paragraph (a), a
 2635  political committee that is registered with the Department of
 2636  State and that makes a contribution or expenditure to influence
 2637  the results of a county or municipal election that is not being
 2638  held at the same time as a state or federal election must file
 2639  campaign finance reports with the county or municipal filing
 2640  officer on the same dates as county or municipal candidates or
 2641  committees for that election. The political committee must also
 2642  include such contribution or expenditure in the next report
 2643  filed with the Division of Elections pursuant to this section
 2644  following the county or municipal election.
 2645         (4)(a) Each report required by this section must shall
 2646  contain:
 2647         1. The full name, address, and occupation, if any of each
 2648  person who has made one or more contributions to or for such
 2649  committee or candidate within the reporting period, together
 2650  with the amount and date of such contributions. For
 2651  corporations, the report must provide as clear a description as
 2652  practicable of the principal type of business conducted by the
 2653  corporation. However, if the contribution is $100 or less or is
 2654  from a relative, as defined in s. 112.312, provided that the
 2655  relationship is reported, the occupation of the contributor or
 2656  the principal type of business need not be listed.
 2657         2. The name and address of each political committee from
 2658  which the reporting committee or the candidate received, or to
 2659  which the reporting committee or candidate made, any transfer of
 2660  funds, together with the amounts and dates of all transfers.
 2661         3. Each loan for campaign purposes to or from any person or
 2662  political committee within the reporting period, together with
 2663  the full names, addresses, and occupations, and principal places
 2664  of business, if any, of the lender and endorsers, if any, and
 2665  the date and amount of such loans.
 2666         4. A statement of each contribution, rebate, refund, or
 2667  other receipt not otherwise listed under subparagraphs 1.
 2668  through 3.
 2669         5. The total sums of all loans, in-kind contributions, and
 2670  other receipts by or for such committee or candidate during the
 2671  reporting period. The reporting forms shall be designed to
 2672  elicit separate totals for in-kind contributions, loans, and
 2673  other receipts.
 2674         6. The full name and address of each person to whom
 2675  expenditures have been made by or on behalf of the committee or
 2676  candidate within the reporting period; the amount, date, and
 2677  purpose of each such expenditure; and the name and address of,
 2678  and office sought by, each candidate on whose behalf such
 2679  expenditure was made. However, expenditures made from the petty
 2680  cash fund provided by s. 106.12 need not be reported
 2681  individually.
 2682         7. The full name and address of each person to whom an
 2683  expenditure for personal services, salary, or reimbursement for
 2684  authorized expenses as provided in s. 106.021(3) has been made
 2685  and which is not otherwise reported, including the amount, date,
 2686  and purpose of such expenditure. However, expenditures made from
 2687  the petty cash fund provided for in s. 106.12 need not be
 2688  reported individually. Receipts for reimbursement for authorized
 2689  expenditures shall be retained by the treasurer along with the
 2690  records for the campaign account.
 2691         8. The total amount withdrawn and the total amount spent
 2692  for petty cash purposes pursuant to this chapter during the
 2693  reporting period.
 2694         9. The total sum of expenditures made by such committee or
 2695  candidate during the reporting period.
 2696         10. The amount and nature of debts and obligations owed by
 2697  or to the committee or candidate, which relate to the conduct of
 2698  any political campaign.
 2699         11. Transaction information for each credit card purchase.
 2700  A copy of each credit card statement which shall be included in
 2701  the next report following receipt thereof by the candidate or
 2702  political committee. Receipts for each credit card purchase
 2703  shall be retained by the treasurer with the records for the
 2704  campaign account.
 2705         12. The amount and nature of any separate interest-bearing
 2706  accounts or certificates of deposit and identification of the
 2707  financial institution in which such accounts or certificates of
 2708  deposit are located.
 2709         13. The primary purposes of an expenditure made indirectly
 2710  through a campaign treasurer pursuant to s. 106.021(3) for goods
 2711  and services such as communications media placement or
 2712  procurement services, campaign signs, insurance, and other
 2713  expenditures that include multiple components as part of the
 2714  expenditure. The primary purpose of an expenditure shall be that
 2715  purpose, including integral and directly related components,
 2716  that comprises 80 percent of such expenditure.
 2717         (b) The filing officer shall make available to any
 2718  candidate or committee a reporting form which the candidate or
 2719  committee may use to indicate contributions received by the
 2720  candidate or committee but returned to the contributor before
 2721  deposit.
 2722         (5) The candidate and his or her campaign treasurer, in the
 2723  case of a candidate, or the political committee chair and
 2724  campaign treasurer of the committee, in the case of a political
 2725  committee, shall certify as to the correctness of each report;
 2726  and each person so certifying shall bear the responsibility for
 2727  the accuracy and veracity of each report. Any campaign
 2728  treasurer, candidate, or political committee chair who willfully
 2729  certifies the correctness of any report while knowing that such
 2730  report is incorrect, false, or incomplete commits a misdemeanor
 2731  of the first degree, punishable as provided in s. 775.082 or s.
 2732  775.083.
 2733         (6) The campaign depository shall return all checks drawn
 2734  on the account to the campaign treasurer who shall retain the
 2735  records pursuant to s. 106.06. The records maintained by the
 2736  campaign depository with respect to any campaign account
 2737  regulated by this chapter are such account shall be subject to
 2738  inspection by an agent of the Division of Elections or the
 2739  Florida Elections Commission at any time during normal banking
 2740  hours, and such depository shall furnish certified copies of any
 2741  of such records to the Division of Elections or Florida
 2742  Elections Commission upon request.
 2743         (7) Notwithstanding any other provisions of this chapter,
 2744  in any reporting period during which a candidate, political
 2745  committee, or committee of continuous existence has not received
 2746  funds, made any contributions, or expended any reportable funds,
 2747  the filing of the required report for that period is waived.
 2748  However, the next report filed must specify that the report
 2749  covers the entire period between the last submitted report and
 2750  the report being filed, and any candidate, political committee,
 2751  or committee of continuous existence not reporting by virtue of
 2752  this subsection on dates prescribed elsewhere in this chapter
 2753  shall notify the filing officer in writing on the prescribed
 2754  reporting date that no report is being filed on that date.
 2755         (8)(a) Any candidate or political committee failing to file
 2756  a report on the designated due date is shall be subject to a
 2757  fine as provided in paragraph (b) for each late day, and, in the
 2758  case of a candidate, such fine shall be paid only from personal
 2759  funds of the candidate. The fine shall be assessed by the filing
 2760  officer and the moneys collected shall be deposited:
 2761         1. In the General Revenue Fund, in the case of a candidate
 2762  for state office or a political committee that registers with
 2763  the Division of Elections; or
 2764         2. In the general revenue fund of the political
 2765  subdivision, in the case of a candidate for an office of a
 2766  political subdivision or a political committee that registers
 2767  with an officer of a political subdivision.
 2768  
 2769  No separate fine shall be assessed for failure to file a copy of
 2770  any report required by this section.
 2771         (b) Upon determining that a report is late, the filing
 2772  officer shall immediately notify the candidate or chair of the
 2773  political committee as to the failure to file a report by the
 2774  designated due date and that a fine is being assessed for each
 2775  late day. The fine shall be $50 per day for the first 3 days
 2776  late and, thereafter, $500 per day for each late day, not to
 2777  exceed 25 percent of the total receipts or expenditures,
 2778  whichever is greater, for the period covered by the late report.
 2779  However, for the reports immediately preceding each special
 2780  primary election, special election, primary election, and
 2781  general election, the fine shall be $500 per day for each late
 2782  day, not to exceed 25 percent of the total receipts or
 2783  expenditures, whichever is greater, for the period covered by
 2784  the late report. For reports required under s. 106.141(7), the
 2785  fine is $50 per day for each late day, not to exceed 25 percent
 2786  of the total receipts or expenditures, whichever is greater, for
 2787  the period covered by the late report. Upon receipt of the
 2788  report, the filing officer shall determine the amount of the
 2789  fine which is due and shall notify the candidate or chair or
 2790  registered agent of the political committee. The filing officer
 2791  shall determine the amount of the fine due based upon the
 2792  earliest of the following:
 2793         1. When the report is actually received by such officer.
 2794         2. When the report is postmarked.
 2795         3. When the certificate of mailing is dated.
 2796         4. When the receipt from an established courier company is
 2797  dated.
 2798         5. When the electronic receipt issued pursuant to s.
 2799  106.0705 or other electronic filing system authorized in this
 2800  section is dated.
 2801  
 2802  Such fine shall be paid to the filing officer within 20 days
 2803  after receipt of the notice of payment due, unless appeal is
 2804  made to the Florida Elections Commission pursuant to paragraph
 2805  (c). Notice is deemed complete upon proof of delivery of written
 2806  notice to the mailing or street address on record with the
 2807  filing officer. In the case of a candidate, such fine shall not
 2808  be an allowable campaign expenditure and shall be paid only from
 2809  personal funds of the candidate. An officer or member of a
 2810  political committee shall not be personally liable for such
 2811  fine.
 2812         (c) Any candidate or chair of a political committee may
 2813  appeal or dispute the fine, based upon, but not limited to,
 2814  unusual circumstances surrounding the failure to file on the
 2815  designated due date, and may request and shall be entitled to a
 2816  hearing before the Florida Elections Commission, which shall
 2817  have the authority to waive the fine in whole or in part. The
 2818  Florida Elections Commission must consider the mitigating and
 2819  aggravating circumstances contained in s. 106.265(1) when
 2820  determining the amount of a fine, if any, to be waived. Any such
 2821  request shall be made within 20 days after receipt of the notice
 2822  of payment due. In such case, the candidate or chair of the
 2823  political committee shall, within the 20-day period, notify the
 2824  filing officer in writing of his or her intention to bring the
 2825  matter before the commission.
 2826         (d) The appropriate filing officer shall notify the Florida
 2827  Elections Commission of the repeated late filing by a candidate
 2828  or political committee, the failure of a candidate or political
 2829  committee to file a report after notice, or the failure to pay
 2830  the fine imposed. The commission shall investigate only those
 2831  alleged late filing violations specifically identified by the
 2832  filing officer and as set forth in the notification. Any other
 2833  alleged violations must be separately stated and reported by the
 2834  division to the commission under s. 106.25(2). As used in this
 2835  paragraph, the term “repeated late filing” means at least three
 2836  late filings occurring within any 2-year period. The commission
 2837  shall treat notification of each repeated late filing as a
 2838  separate violation of this section.
 2839         (9) The Department of State may prescribe by rule the
 2840  requirements for filing campaign treasurers’ reports as set
 2841  forth in this chapter.
 2842         Section 54. Paragraph (d) of subsection (7) and subsection
 2843  (8) of section 106.0703, Florida Statutes, are amended to read:
 2844         106.0703 Electioneering communications organizations;
 2845  reporting requirements; certification and filing; penalties.—
 2846         (7)
 2847         (d) The appropriate filing officer shall notify the Florida
 2848  Elections Commission of the repeated late filing by an
 2849  electioneering communications organization, the failure of an
 2850  electioneering communications organization to file a report
 2851  after notice, or the failure to pay the fine imposed. The
 2852  commission shall investigate only those alleged late filing
 2853  violations specifically identified by the filing officer and as
 2854  set forth in the notification. Any other alleged violations must
 2855  be stated separately and reported by the division to the
 2856  commission under s. 106.25(2). As used in this paragraph, the
 2857  term “repeated late filing” means at least three late filings
 2858  occurring within any 2-year period. The commission shall treat
 2859  notification of each repeated late filing as a separate
 2860  violation of this section.
 2861         (8) An electioneering communications organization shall,
 2862  within 2 business days after receiving written notice of its
 2863  initial password or secure sign-on from the Department of State
 2864  allowing confidential access to the department’s electronic
 2865  campaign finance filing system, electronically file a single
 2866  retroactive report of receipts and disbursements made the
 2867  periodic reports that would have been required pursuant to this
 2868  section for reportable activities that occurred since the date
 2869  of the last general election.
 2870         Section 55. Paragraphs (a) and (c) of subsection (2) and
 2871  subsections (3), (5), and (7) of section 106.0705, Florida
 2872  Statutes, are amended to read:
 2873         106.0705 Electronic filing of campaign treasurer’s
 2874  reports.—
 2875         (2)(a) Each individual candidate who is required to file
 2876  reports with the division pursuant to s. 106.07 or s. 106.141
 2877  with the division must file such reports with the division by
 2878  means of the division’s electronic filing system.
 2879         (c) Each person or organization that is required to file
 2880  reports with the division under s. 106.071 must file such
 2881  reports with the division by means of the division’s electronic
 2882  filing system.
 2883         (3) Reports filed pursuant to this section shall be
 2884  completed and filed through the electronic filing system not
 2885  later than midnight of the day designated. Reports not filed by
 2886  midnight of the day designated are late filed and are subject to
 2887  the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
 2888  106.0703(7), or s. 106.29(3), as applicable.
 2889         (5) The electronic filing system developed by the division
 2890  must:
 2891         (a) Be based on access by means of the Internet.
 2892         (b) Be accessible by anyone with Internet access using
 2893  standard web-browsing software.
 2894         (c) Provide for direct entry of campaign finance
 2895  information as well as upload of such information from campaign
 2896  finance software certified by the division.
 2897         (d) Provide a method that prevents unauthorized access to
 2898  electronic filing system functions.
 2899         (e) Provide a method for filing the retroactive report of
 2900  receipts and disbursements required by s. 106.0703(8).
 2901         (7) Notwithstanding anything in law to the contrary, any
 2902  report required to have been filed under this section for the
 2903  period ended March 31, 2005, shall be deemed to have been timely
 2904  filed if the report is filed under this section on or before
 2905  June 1, 2005.
 2906         Section 56. Subsections (3) and (6) of section 106.08,
 2907  Florida Statutes, are amended to read:
 2908         106.08 Contributions; limitations on.—
 2909         (3)(a) Any contribution received by a candidate with
 2910  opposition in an election or by the campaign treasurer or a
 2911  deputy campaign treasurer of such a candidate on the day of that
 2912  election or less than 5 days prior to the day of that election
 2913  must be returned by him or her to the person or committee
 2914  contributing it and may not be used or expended by or on behalf
 2915  of the candidate.
 2916         (b) Except as otherwise provided in paragraph (c), any
 2917  contribution received by a candidate or by the campaign
 2918  treasurer or a deputy campaign treasurer of a candidate after
 2919  the date at which the candidate withdraws his or her candidacy,
 2920  or after the date the candidate is defeated, becomes unopposed,
 2921  or is elected to office must be returned to the person or
 2922  committee contributing it and may not be used or expended by or
 2923  on behalf of the candidate.
 2924         (c) With respect to any campaign for an office in which an
 2925  independent or minor party candidate has filed as required in s.
 2926  99.0955 or s. 99.096, but whose qualification is pending a
 2927  determination by the Department of State or supervisor of
 2928  elections as to whether or not the required number of petition
 2929  signatures was obtained:
 2930         1. The department or supervisor shall, no later than 3 days
 2931  after that determination has been made, notify in writing all
 2932  other candidates for that office of that determination.
 2933         2. Any contribution received by a candidate or the campaign
 2934  treasurer or deputy campaign treasurer of a candidate after the
 2935  candidate has been notified in writing by the department or
 2936  supervisor that he or she has become unopposed as a result of an
 2937  independent or minor party candidate failing to obtain the
 2938  required number of petition signatures shall be returned to the
 2939  person, political committee, or committee of continuous
 2940  existence contributing it and shall not be used or expended by
 2941  or on behalf of the candidate.
 2942         (6)(a) A political party may not accept any contribution
 2943  that has been specifically designated for the partial or
 2944  exclusive use of a particular candidate. Any contribution so
 2945  designated must be returned to the contributor and may not be
 2946  used or expended by or on behalf of the candidate.
 2947         (b)1. A political party may not accept any in-kind
 2948  contribution that fails to provide a direct benefit to the
 2949  political party. A “direct benefit” includes, but is not limited
 2950  to, fundraising or furthering the objectives of the political
 2951  party.
 2952         2.a. An in-kind contribution to a state political party may
 2953  be accepted only by the chairperson of the state political party
 2954  or by the chairperson’s designee or designees whose names are on
 2955  file with the division in a form acceptable to the division
 2956  prior to the date of the written notice required in sub
 2957  subparagraph b. An in-kind contribution to a county political
 2958  party may be accepted only by the chairperson of the county
 2959  political party or by the county chairperson’s designee or
 2960  designees whose names are on file with the supervisor of
 2961  elections of the respective county prior to the date of the
 2962  written notice required in sub-subparagraph b.
 2963         b. A person making an in-kind contribution to a state
 2964  political party or county political party must provide prior
 2965  written notice of the contribution to a person described in sub
 2966  subparagraph a. The prior written notice must be signed and
 2967  dated and may be provided by an electronic or facsimile message.
 2968  However, prior written notice is not required for an in-kind
 2969  contribution that consists of food and beverage in an aggregate
 2970  amount not exceeding $1,500 which is consumed at a single
 2971  sitting or event if such in-kind contribution is accepted in
 2972  advance by a person specified in sub-subparagraph a.
 2973         c. A person described in sub-subparagraph a. may accept an
 2974  in-kind contribution requiring prior written notice only in a
 2975  writing that is signed and dated before the in-kind contribution
 2976  is made. Failure to obtain the required written acceptance of an
 2977  in-kind contribution to a state or county political party
 2978  constitutes a refusal of the contribution.
 2979         d. A copy of each prior written acceptance required under
 2980  sub-subparagraph c. must be filed with the division at the time
 2981  the regular reports of contributions and expenditures required
 2982  under s. 106.29 are filed by the state executive committee and
 2983  county executive committee. A state executive committee and an
 2984  affiliated party committee must file with the division. A county
 2985  executive committee must file with the county’s supervisor of
 2986  elections.
 2987         e. An in-kind contribution may not be given to a state or
 2988  county political party unless the in-kind contribution is made
 2989  as provided in this subparagraph.
 2990         Section 57. Section 106.09, Florida Statutes, is amended to
 2991  read:
 2992         106.09 Cash contributions and contribution by cashier’s
 2993  checks.—
 2994         (1)(a) A person may not make an aggregate or accept a cash
 2995  contribution or contribution by means of a cashier’s check to
 2996  the same candidate or committee in excess of $50 per election.
 2997         (b) A person may not accept an aggregate cash contribution
 2998  or contribution by means of a cashier’s check from the same
 2999  contributor in excess of $50 per election.
 3000         (2)(a) Any person who makes or accepts a contribution in
 3001  excess of $50 in violation of subsection (1) this section
 3002  commits a misdemeanor of the first degree, punishable as
 3003  provided in s. 775.082 or s. 775.083.
 3004         (b) Any person who knowingly and willfully makes or accepts
 3005  a contribution in excess of $5,000 in violation of subsection
 3006  (1) this section commits a felony of the third degree,
 3007  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3008         Section 58. Paragraph (b) of subsection (1) and paragraph
 3009  (a) of subsection (2) of section 106.11, Florida Statutes, are
 3010  amended, and subsection (6) is added to that section, to read:
 3011         106.11 Expenses of and expenditures by candidates and
 3012  political committees.—Each candidate and each political
 3013  committee which designates a primary campaign depository
 3014  pursuant to s. 106.021(1) shall make expenditures from funds on
 3015  deposit in such primary campaign depository only in the
 3016  following manner, with the exception of expenditures made from
 3017  petty cash funds provided by s. 106.12:
 3018         (1)
 3019         (b) The checks for such account shall contain, as a
 3020  minimum, the following information:
 3021         1. The statement “Campaign Account of ...(name of candidate
 3022  or political committee)... Campaign Account.”
 3023         2. The account number and the name of the bank.
 3024         3. The exact amount of the expenditure.
 3025         4. The signature of the campaign treasurer or deputy
 3026  treasurer.
 3027         5. The exact purpose for which the expenditure is
 3028  authorized.
 3029         6. The name of the payee.
 3030         (2)(a) For purposes of this section, debit cards are
 3031  considered bank checks, if:
 3032         1. Debit cards are obtained from the same bank that has
 3033  been designated as the candidate’s or political committee’s
 3034  primary campaign depository.
 3035         2. Debit cards are issued in the name of the treasurer,
 3036  deputy treasurer, or authorized user and state “Campaign Account
 3037  of ...(name of candidate or political committee)... Campaign
 3038  Account.”
 3039         3. No more than three debit cards are requested and issued.
 3040         4. Before a debit card is used, a list of all persons
 3041  authorized to use the card is filed with the division.
 3042         5. All debit cards issued to a candidate’s campaign or a
 3043  political committee expire no later than midnight of the last
 3044  day of the month of the general election.
 3045         4.6. The person using the debit card does not receive cash
 3046  as part of, or independent of, any transaction for goods or
 3047  services.
 3048         5.7. All receipts for debit card transactions contain:
 3049         a. The last four digits of the debit card number.
 3050         b. The exact amount of the expenditure.
 3051         c. The name of the payee.
 3052         d. The signature of the campaign treasurer, deputy
 3053  treasurer, or authorized user.
 3054         e. The exact purpose for which the expenditure is
 3055  authorized.
 3056  
 3057  Any information required by this subparagraph but not included
 3058  on the debit card transaction receipt may be handwritten on, or
 3059  attached to, the receipt by the authorized user before
 3060  submission to the treasurer.
 3061         (6) A candidate who makes a loan to his or her campaign and
 3062  reports the loan as required by s. 106.07 may be reimbursed for
 3063  the loan at any time the campaign account has sufficient funds
 3064  to repay the loan and satisfy its other obligations.
 3065         Section 59. Subsection (4) of section 106.141, Florida
 3066  Statutes, is amended to read:
 3067         106.141 Disposition of surplus funds by candidates.—
 3068         (4)(a) Except as provided in paragraph (b), any candidate
 3069  required to dispose of funds pursuant to this section shall, at
 3070  the option of the candidate, dispose of such funds by any of the
 3071  following means, or any combination thereof:
 3072         1. Return pro rata to each contributor the funds that have
 3073  not been spent or obligated.
 3074         2. Donate the funds that have not been spent or obligated
 3075  to a charitable organization or organizations that meet the
 3076  qualifications of s. 501(c)(3) of the Internal Revenue Code.
 3077         3. Give not more than $10,000 of the funds that have not
 3078  been spent or obligated to the political party of which such
 3079  candidate is a member, except that a candidate for the Florida
 3080  Senate may give not more than $30,000 of such funds to the
 3081  political party of which the candidate is a member.
 3082         4. Give the funds that have not been spent or obligated:
 3083         a. In the case of a candidate for state office, to the
 3084  state, to be deposited in either the Election Campaign Financing
 3085  Trust Fund or the General Revenue Fund, as designated by the
 3086  candidate; or
 3087         b. In the case of a candidate for an office of a political
 3088  subdivision, to such political subdivision, to be deposited in
 3089  the general fund thereof.
 3090         (b) Any candidate required to dispose of funds pursuant to
 3091  this section who has received contributions pursuant to from the
 3092  Florida Election Campaign Financing Act Trust Fund shall, after
 3093  all monetary commitments pursuant to s. 106.11(5)(b) and (c)
 3094  have been met, return all surplus campaign funds to the General
 3095  Revenue Election Campaign Financing Trust Fund.
 3096         Section 60. Subsections (1), (2), and (4) of section
 3097  106.143, Florida Statutes, are amended, present subsections (2)
 3098  through (9) of that section are renumbered as subsections (3)
 3099  through (10), respectively, and a new subsection (2) is added to
 3100  that section, to read:
 3101         106.143 Political advertisements circulated prior to
 3102  election; requirements.—
 3103         (1)(a) Any political advertisement that is paid for by a
 3104  candidate, except a write-in candidate, and that is published,
 3105  displayed, or circulated before, or on the day of, any election
 3106  must prominently state:
 3107         1. “Political advertisement paid for and approved by
 3108  ...(name of candidate)..., ...(party affiliation)..., for
 3109  ...(office sought)...”; or
 3110         2. “Paid by ...(name of candidate)..., ...(party
 3111  affiliation)..., for ...(office sought)....”
 3112         (b) Any political advertisement that is paid for by a
 3113  write-in candidate and that is published, displayed, or
 3114  circulated before, or on the day of, any election must
 3115  prominently state:
 3116         1. “Political advertisement paid for and approved by
 3117  ...(name of candidate)..., write-in candidate, for ...(office
 3118  sought)...”; or
 3119         2. “Paid by ...(name of candidate)..., write-in candidate,
 3120  for ...(office sought)....”
 3121         (c)(b) Any other political advertisement published,
 3122  displayed, or circulated before, or on the day of, any election
 3123  must prominently:
 3124         1. Be marked “paid political advertisement” or with the
 3125  abbreviation “pd. pol. adv.”
 3126         2. State the name and address of the persons paying for
 3127  sponsoring the advertisement.
 3128         3.a.(I) State whether the advertisement and the cost of
 3129  production is paid for or provided in kind by or at the expense
 3130  of the entity publishing, displaying, broadcasting, or
 3131  circulating the political advertisement.; or
 3132         (II) State who provided or paid for the advertisement and
 3133  cost of production, if different from the source of sponsorship.
 3134         b. This subparagraph does not apply if the source of the
 3135  sponsorship is patently clear from the content or format of the
 3136  political advertisement.
 3137         (d)(c) Any political advertisement made pursuant to s.
 3138  106.021(3)(d) must be marked “paid political advertisement” or
 3139  with the abbreviation “pd. pol. adv.” and must prominently state
 3140  the name and address of the political party paying for the
 3141  advertisement, and the names, party affiliations, and offices
 3142  sought by the persons in the advertisement, “Paid for and
 3143  sponsored by ...(name of person paying for political
 3144  advertisement).... Approved by ...(names of persons, party
 3145  affiliation, and offices sought in the political
 3146  advertisement)....”
 3147         (2) Political advertisements made as in-kind contributions
 3148  from a political party must prominently state: “Paid political
 3149  advertisement paid for by in-kind by ...(name of political
 3150  party).... Approved by ...(name of person, party affiliation,
 3151  and office sought in the political advertisement)....”
 3152         (3)(2) Any political advertisement of a candidate running
 3153  for partisan office shall express the name of the political
 3154  party of which the candidate is seeking nomination or is the
 3155  nominee. If the candidate for partisan office is running as a
 3156  candidate with no party affiliation, any political advertisement
 3157  of the candidate must state that the candidate has no party
 3158  affiliation. Any political advertisement of a candidate running
 3159  for nonpartisan office may not state the candidate’s political
 3160  party affiliation. A candidate for nonpartisan office is
 3161  prohibited from campaigning based on party affiliation.
 3162         (5)(4)(a) Any political advertisement not paid for by a
 3163  candidate, including those paid for by a political party, other
 3164  than an independent expenditure, offered by or on behalf of a
 3165  candidate must be approved in advance by the candidate. Such
 3166  political advertisement must expressly state that the content of
 3167  the advertisement was approved by the candidate and must state
 3168  who paid for the advertisement. The candidate shall provide a
 3169  written statement of authorization to the newspaper, radio
 3170  station, television station, or other medium for each such
 3171  advertisement submitted for publication, display, broadcast, or
 3172  other distribution.
 3173         (b) Any person who makes an independent expenditure for a
 3174  political advertisement shall provide a written statement that
 3175  no candidate has approved the advertisement to the newspaper,
 3176  radio station, television station, or other medium for each such
 3177  advertisement submitted for publication, display, broadcast, or
 3178  other distribution. The advertisement must also contain a
 3179  statement that no candidate has approved the advertisement.
 3180         (c) This subsection does not apply to campaign messages
 3181  used by a candidate and his or her supporters if those messages
 3182  are designed to be worn by a person.
 3183         Section 61. Section 106.17, Florida Statutes, is amended to
 3184  read:
 3185         106.17 Polls and surveys relating to candidacies.—Any
 3186  candidate, political committee, committee of continuous
 3187  existence, electioneering communication organization, or state
 3188  or county executive committee of a political party may authorize
 3189  or conduct a political poll, survey, index, or measurement of
 3190  any kind relating to candidacy for public office so long as the
 3191  candidate, political committee, committee of continuous
 3192  existence, electioneering communication organization, or
 3193  political party maintains complete jurisdiction over the poll in
 3194  all its aspects. State and county executive committees of a
 3195  political party or an affiliated party committee may authorize
 3196  and conduct political polls for the purpose of determining the
 3197  viability of potential candidates. Such poll results may be
 3198  shared with potential candidates and expenditures incurred by
 3199  state and county executive committees for potential candidate
 3200  polls are not contributions to the potential candidates.
 3201         Section 62. Subsection (3) of section 106.18, Florida
 3202  Statutes, is amended to read:
 3203         106.18 When a candidate’s name to be omitted from ballot.—
 3204         (3) No certificate of election shall be granted to any
 3205  candidate until all preelection reports required by s. 106.07
 3206  have been filed in accordance with the provisions of such
 3207  section. However, no candidate shall be prevented from receiving
 3208  a certificate of election for failure to file any copy of a
 3209  report required by this chapter.
 3210         Section 63. Subsection (4) is added to section 106.19,
 3211  Florida Statutes, to read:
 3212         106.19 Violations by candidates, persons connected with
 3213  campaigns, and political committees.—
 3214         (4) Except as otherwise expressly stated, the failure by a
 3215  candidate to comply with the requirements of this chapter has no
 3216  effect upon whether the candidate has qualified for the office
 3217  the candidate is seeking.
 3218         Section 64. Subsections (2) and (3), paragraph (i) of
 3219  subsection (4), and subsection (5) of section 106.25, Florida
 3220  Statutes, are amended to read:
 3221         106.25 Reports of alleged violations to Florida Elections
 3222  Commission; disposition of findings.—
 3223         (2) The commission shall investigate all violations of this
 3224  chapter and chapter 104, but only after having received either a
 3225  sworn complaint or information reported to it under this
 3226  subsection by the Division of Elections. Such sworn complaint
 3227  must be based upon personal information or information other
 3228  than hearsay. Any person, other than the division, having
 3229  information of any violation of this chapter or chapter 104
 3230  shall file a sworn complaint with the commission. The commission
 3231  shall investigate only those alleged violations specifically
 3232  contained within the sworn complaint. If any complainant fails
 3233  to allege all violations that arise from the facts or
 3234  allegations alleged in a complaint, the commission shall be
 3235  barred from investigating a subsequent complaint from such
 3236  complainant that is based upon such facts or allegations that
 3237  were raised or could have been raised in the first complaint. If
 3238  the complaint includes allegations of violations relating to
 3239  expense items reimbursed by a candidate, committee, or
 3240  organization to the campaign account before a sworn complaint is
 3241  filed, the commission shall be barred from investigating such
 3242  allegations. Such sworn complaint shall state whether a
 3243  complaint of the same violation has been made to any state
 3244  attorney. Within 5 days after receipt of a sworn complaint, the
 3245  commission shall transmit a copy of the complaint to the alleged
 3246  violator. The respondent shall have 14 days after receipt of the
 3247  complaint to file an initial response, and the executive
 3248  director may not determine the legal sufficiency of the
 3249  complaint during that time period. If the executive director
 3250  finds that the complaint is legally sufficient, the respondent
 3251  shall be notified of such finding by letter, which sets forth
 3252  the statutory provisions alleged to have been violated and the
 3253  alleged factual basis that supports the finding. All sworn
 3254  complaints alleging violations of the Florida Election Code over
 3255  which the commission has jurisdiction shall be filed with the
 3256  commission within 2 years after the alleged violations. The
 3257  period of limitations is tolled on the day a sworn complaint is
 3258  filed with the commission. The complainant may withdraw the
 3259  sworn complaint at any time prior to a probable cause hearing if
 3260  good cause is shown. Withdrawal shall be requested in writing,
 3261  signed by the complainant, and witnessed by a notary public,
 3262  stating the facts and circumstances constituting good cause. The
 3263  executive director shall prepare a written recommendation
 3264  regarding disposition of the request which shall be given to the
 3265  commission together with the request. “Good cause” shall be
 3266  determined based upon the legal sufficiency or insufficiency of
 3267  the complaint to allege a violation and the reasons given by the
 3268  complainant for wishing to withdraw the complaint. If withdrawal
 3269  is permitted, the commission must close the investigation and
 3270  the case. No further action may be taken. The complaint will
 3271  become a public record at the time of withdrawal.
 3272         (3) For the purposes of commission jurisdiction, a
 3273  violation shall mean the willful performance of an act
 3274  prohibited by this chapter or chapter 104 or the willful failure
 3275  to perform an act required by this chapter or chapter 104. The
 3276  commission may not by rule determine what constitutes
 3277  willfulness or further define the term “willful” for purposes of
 3278  this chapter or chapter 104. Willfulness is a determination of
 3279  fact; however, at the request of the respondent at any time
 3280  after probable cause is found, willfulness may be considered and
 3281  determined in an informal hearing before the commission.
 3282         (4) The commission shall undertake a preliminary
 3283  investigation to determine if the facts alleged in a sworn
 3284  complaint or a matter initiated by the division constitute
 3285  probable cause to believe that a violation has occurred.
 3286         (i)1. Upon a commission finding of probable cause, the
 3287  counsel for the commission shall attempt to reach a consent
 3288  agreement with the respondent. At any time, the commission may
 3289  enter into a consent order with a respondent without requiring
 3290  the respondent to admit to a violation of law within the
 3291  jurisdiction of the commission.
 3292         2. A consent agreement is not binding upon either party
 3293  unless and until it is signed by the respondent and by counsel
 3294  for the commission upon approval by the commission.
 3295         3. Nothing herein shall be construed to prevent the
 3296  commission from entering into a consent agreement with a
 3297  respondent prior to a commission finding of probable cause if a
 3298  respondent indicates in writing a desire to enter into
 3299  negotiations directed towards reaching such a consent agreement.
 3300  Any consent agreement reached under this subparagraph is subject
 3301  to the provisions of subparagraph 2. and shall have the same
 3302  force and effect as a consent agreement reached after the
 3303  commission finding of probable cause.
 3304  
 3305  In a case where probable cause is found, the commission shall
 3306  make a preliminary determination to consider the matter or to
 3307  refer the matter to the state attorney for the judicial circuit
 3308  in which the alleged violation occurred. Notwithstanding any
 3309  other provisions of this section, the commission may, at its
 3310  discretion, dismiss any complaint at any stage of disposition if
 3311  it determines that the public interest would not be served by
 3312  proceeding further, in which case the commission shall issue a
 3313  public report stating with particularity its reasons for the
 3314  dismissal.
 3315         (5) Unless A person alleged by the Elections Commission to
 3316  have committed a violation of this chapter or chapter 104 may
 3317  elect, as a matter of right elects, within 30 days after the
 3318  date of the filing of the commission’s allegations, to have a
 3319  formal administrative or informal hearing conducted before the
 3320  commission, or elects to resolve the complaint by consent order,
 3321  such person shall be entitled to a formal administrative hearing
 3322  conducted by an administrative law judge in the Division of
 3323  Administrative Hearings. The administrative law judge in such
 3324  proceedings shall enter a final order, which may include the
 3325  imposition of civil penalties, subject to appeal as provided in
 3326  s. 120.68. If the person does not elect to have a hearing by an
 3327  administrative law judge and does not elect to resolve the
 3328  complaint by a consent order, the person is entitled to a formal
 3329  or informal hearing conducted before the commission.
 3330         Section 65. Subsection (1) of section 106.26, Florida
 3331  Statutes, is amended to read:
 3332         106.26 Powers of commission; rights and responsibilities of
 3333  parties; findings by commission.—
 3334         (1) The commission shall, pursuant to rules adopted and
 3335  published in accordance with chapter 120, consider all sworn
 3336  complaints filed with it and all matters reported to it by the
 3337  Division of Elections. In order to carry out the
 3338  responsibilities prescribed by this chapter, the commission is
 3339  empowered to subpoena and bring before it, or its duly
 3340  authorized representatives, any person in the state, or any
 3341  person doing business in the state, or any person who has filed
 3342  or is required to have filed any application, document, papers,
 3343  or other information with an office or agency of this state or a
 3344  political subdivision thereof and to require the production of
 3345  any papers, books, or other records relevant to any
 3346  investigation, including the records and accounts of any bank or
 3347  trust company doing business in this state. Duly authorized
 3348  representatives of the commission are empowered to administer
 3349  all oaths and affirmations in the manner prescribed by law to
 3350  witnesses who shall appear before them concerning any relevant
 3351  matter. Should any witness fail to respond to the lawful
 3352  subpoena of the commission or, having responded, fail to answer
 3353  all lawful inquiries or to turn over evidence that has been
 3354  subpoenaed, the commission may file a complaint in the before
 3355  any circuit court where the witness resides of the state setting
 3356  up such failure on the part of the witness. On the filing of
 3357  such complaint, the court shall take jurisdiction of the witness
 3358  and the subject matter of said complaint and shall direct the
 3359  witness to respond to all lawful questions and to produce all
 3360  documentary evidence in the witness’s possession which is
 3361  lawfully demanded. The failure of any witness to comply with
 3362  such order of the court shall constitute a direct and criminal
 3363  contempt of court, and the court shall punish said witness
 3364  accordingly. However, the refusal by a witness to answer
 3365  inquiries or turn over evidence on the basis that such testimony
 3366  or material will tend to incriminate such witness shall not be
 3367  deemed refusal to comply with the provisions of this chapter.
 3368  The sheriffs in the several counties shall make such service and
 3369  execute all process or orders when required by the commission.
 3370  Sheriffs shall be paid for these services by the commission as
 3371  provided for in s. 30.231. Any person who is served with a
 3372  subpoena to attend a hearing of the commission also shall be
 3373  served with a general statement informing him or her of the
 3374  subject matter of the commission’s investigation or inquiry and
 3375  a notice that he or she may be accompanied at the hearing by
 3376  counsel of his or her own choosing.
 3377         Section 66. Subsections (1) through (4) of section 106.265,
 3378  Florida Statutes, are amended and renumbered, and present
 3379  subsection (5) of that section is renumbered as subsection (6),
 3380  to read:
 3381         106.265 Civil penalties.—
 3382         (1) The commission or, in cases referred to the Division of
 3383  Administrative Hearings pursuant to s. 106.25(5), the
 3384  administrative law judge is authorized upon the finding of a
 3385  violation of this chapter or chapter 104 to impose civil
 3386  penalties in the form of fines not to exceed $1,000 per count,
 3387  or, if applicable, to impose a civil penalty as provided in s.
 3388  104.271 or s. 106.19.
 3389         (2) In determining the amount of such civil penalties, the
 3390  commission or administrative law judge shall consider, among
 3391  other mitigating and aggravating circumstances:
 3392         (a) The gravity of the act or omission;
 3393         (b) Any previous history of similar acts or omissions;
 3394         (c) The appropriateness of such penalty to the financial
 3395  resources of the person, political committee, committee of
 3396  continuous existence, electioneering communications
 3397  organization, or political party; and
 3398         (d) Whether the person, political committee, committee of
 3399  continuous existence, electioneering communications
 3400  organization, or political party has shown good faith in
 3401  attempting to comply with the provisions of this chapter or
 3402  chapter 104.
 3403         (3)(2) If any person, political committee, committee of
 3404  continuous existence, electioneering communications
 3405  organization, or political party fails or refuses to pay to the
 3406  commission any civil penalties assessed pursuant to the
 3407  provisions of this section, the commission shall be responsible
 3408  for collecting the civil penalties resulting from such action.
 3409         (4)(3) Any civil penalty collected pursuant to the
 3410  provisions of this section shall be deposited into the General
 3411  Revenue Fund Election Campaign Financing Trust Fund.
 3412         (5)(4)Notwithstanding any other provisions of this
 3413  chapter, Any fine assessed pursuant to the provisions of this
 3414  chapter shall, which fine is designated to be deposited or which
 3415  would otherwise be deposited into the General Revenue Fund of
 3416  the state, shall be deposited into the Election Campaign
 3417  Financing Trust Fund.
 3418         Section 67. Subsection (1) and paragraphs (b) and (d) of
 3419  subsection (3) of section 106.29, Florida Statutes, are amended
 3420  to read:
 3421         106.29 Reports by political parties; restrictions on
 3422  contributions and expenditures; penalties.—
 3423         (1) The state executive committee and each county executive
 3424  committee of each political party regulated by chapter 103 shall
 3425  file regular reports of all contributions received and all
 3426  expenditures made by such committee. In addition, when a special
 3427  election is called to fill a vacancy in office, each state
 3428  executive committee, each affiliated party committee, and each
 3429  county executive committee making contributions or expenditures
 3430  to influence the results of the special election or the
 3431  preceding special primary election must file campaign
 3432  treasurers’ reports on the dates set by the Department of State
 3433  pursuant to s. 100.111. Such reports shall contain the same
 3434  information as do reports required of candidates by s. 106.07
 3435  and shall be filed on the 10th day following the end of each
 3436  calendar quarter, except that, during the period from the last
 3437  day for candidate qualifying until the general election, such
 3438  reports shall be filed on the Friday immediately preceding each
 3439  special primary election, special election, both the primary
 3440  election, and the general election. In addition to the reports
 3441  filed under this section, the state executive committee and each
 3442  county executive committee shall file a copy of each prior
 3443  written acceptance of an in-kind contribution given by the
 3444  committee during the preceding calendar quarter as required
 3445  under s. 106.08(6). Each state executive committee shall file
 3446  the original and one copy of its reports with the Division of
 3447  Elections. Each county executive committee shall file its
 3448  reports with the supervisor of elections in the county in which
 3449  such committee exists. Any state or county executive committee
 3450  failing to file a report on the designated due date shall be
 3451  subject to a fine as provided in subsection (3). No separate
 3452  fine shall be assessed for failure to file a copy of any report
 3453  required by this section.
 3454         (3)
 3455         (b) Upon determining that a report is late, the filing
 3456  officer shall immediately notify the chair of the executive
 3457  committee as to the failure to file a report by the designated
 3458  due date and that a fine is being assessed for each late day.
 3459  The fine shall be $1,000 for a state executive committee, and
 3460  $50 for a county executive committee, per day for each late day,
 3461  not to exceed 25 percent of the total receipts or expenditures,
 3462  whichever is greater, for the period covered by the late report.
 3463  However, if an executive committee fails to file a report on the
 3464  Friday immediately preceding the special election or general
 3465  election, the fine shall be $10,000 per day for each day a state
 3466  executive committee is late and $500 per day for each day a
 3467  county executive committee is late. Upon receipt of the report,
 3468  the filing officer shall determine the amount of the fine which
 3469  is due and shall notify the chair. Notice is deemed complete
 3470  upon proof of delivery of written notice to the mailing or
 3471  street address on record with the filing officer. The filing
 3472  officer shall determine the amount of the fine due based upon
 3473  the earliest of the following:
 3474         1. When the report is actually received by such officer.
 3475         2. When the report is postmarked.
 3476         3. When the certificate of mailing is dated.
 3477         4. When the receipt from an established courier company is
 3478  dated.
 3479         5. When the electronic receipt issued pursuant to s.
 3480  106.0705 is dated.
 3481  
 3482  Such fine shall be paid to the filing officer within 20 days
 3483  after receipt of the notice of payment due, unless appeal is
 3484  made to the Florida Elections Commission pursuant to paragraph
 3485  (c). An officer or member of an executive committee shall not be
 3486  personally liable for such fine.
 3487         (d) The appropriate filing officer shall notify the Florida
 3488  Elections Commission of the repeated late filing by an executive
 3489  committee, the failure of an executive committee to file a
 3490  report after notice, or the failure to pay the fine imposed. As
 3491  used in this paragraph, the term “repeated late filing” means at
 3492  least three late filings occurring within any 2-year period. The
 3493  commission shall treat notification of each repeated late filing
 3494  as a separate violation of this section.
 3495         Section 68. Subsection (5) of section 106.35, Florida
 3496  Statutes, is amended to read:
 3497         106.35 Distribution of funds.—
 3498         (5) The division shall adopt rules providing for the weekly
 3499  reports and certification and distribution of funds pursuant
 3500  thereto required by this section. Such rules shall, at a
 3501  minimum, provide for:
 3502         (a) Specifications for printed campaign treasurer’s reports
 3503  outlining the format for such reports, including size of paper,
 3504  typeface, color of print, and placement of required information
 3505  on the form.
 3506         (b)1. specifications for electronically transmitted
 3507  campaign treasurer’s reports outlining communication parameters
 3508  and protocol, data record formats, and provisions for ensuring
 3509  security of data and transmission.
 3510         2. All electronically transmitted campaign treasurer’s
 3511  reports must also be filed in printed format. Printed format
 3512  shall not include campaign treasurer’s reports submitted by
 3513  electronic facsimile transmission.
 3514         Section 69. Subsection (1) of section 876.05, Florida
 3515  Statutes, is amended to read:
 3516         876.05 Public employees; oath.—
 3517         (1) All persons who now or hereafter are employed by or who
 3518  now or hereafter are on the payroll of the state, or any of its
 3519  departments and agencies, subdivisions, counties, cities, school
 3520  boards and districts of the free public school system of the
 3521  state or counties, or institutions of higher learning, and all
 3522  candidates for public office, except candidates for federal
 3523  office, are required to take an oath before any person duly
 3524  authorized to take acknowledgments of instruments for public
 3525  record in the state in the following form:
 3526  
 3527         I, ...., a citizen of the State of Florida and of the
 3528  United States of America, and being employed by or an officer of
 3529  .... and a recipient of public funds as such employee or
 3530  officer, do hereby solemnly swear or affirm that I will support
 3531  the Constitution of the United States and of the State of
 3532  Florida.
 3533         Section 70. Section 876.07, Florida Statutes, is repealed.
 3534         Section 71. If any provision of this act or its application
 3535  to any person or circumstance is held invalid, the invalidity
 3536  does not affect other provisions or applications of the act
 3537  which can be given effect without the invalid provision or
 3538  application, and to this end the provisions of this act are
 3539  severable.
 3540         Section 72. Except as otherwise expressly provided in this
 3541  act, this act shall take effect upon becoming a law.
 3542  
 3543  ================= T I T L E  A M E N D M E N T ================
 3544         And the title is amended as follows:
 3545         Delete everything before the enacting clause
 3546  and insert:
 3547                        A bill to be entitled                      
 3548         An act relating to elections; amending s. 97.012,
 3549         F.S.; expanding the list of responsibilities of the
 3550         Secretary of State when acting in his or her capacity
 3551         as chief election officer; amending s. 97.021, F.S.;
 3552         redefining the term “minor political party”; amending
 3553         s. 97.025, F.S.; replacing a requirement for the
 3554         Department of State to print copies of a pamphlet
 3555         containing the Election Code with a requirement that
 3556         the pamphlet be made available; amending s. 97.0575,
 3557         F.S.; requiring that third-party voter registration
 3558         organizations register with the Division of Elections;
 3559         requiring such organizations provide the division with
 3560         certain information; requiring that the division or a
 3561         supervisor of elections make voter registration forms
 3562         available to third-party voter registration
 3563         organizations; requiring that such forms contain
 3564         certain information; requiring that the division and
 3565         supervisors of elections maintain a database of
 3566         certain information; requiring that such information
 3567         be provided in electronic format; requiring that such
 3568         information be updated and made public daily at a
 3569         certain time; providing that a third-party voter
 3570         registration organization that collects voter
 3571         registration applications serves as a fiduciary to the
 3572         applicant; specifying duties of such an organization;
 3573         specifying an affirmative defense to certain
 3574         violations of state law; providing penalties for
 3575         violations of certain provisions of state law;
 3576         providing circumstances under which a third-party
 3577         voter registration organization is subject to
 3578         specified civil penalties; providing for the referral
 3579         of violations to the Attorney General; authorizing the
 3580         Attorney General to initiate a civil action; providing
 3581         that an action for relief may include a permanent or
 3582         temporary injunction, a restraining order, or any
 3583         other appropriate order; requiring that the division
 3584         adopt rules for specified purposes; amending s.
 3585         97.071, F.S.; requiring that voter information cards
 3586         contain the address of the polling place of the
 3587         registered voter; requiring a supervisor of elections
 3588         to issue a new voter information card to a voter upon
 3589         a change in a voter’s address of legal residence or a
 3590         change in a voter’s polling place address; providing
 3591         instructions for implementation by the supervisors of
 3592         elections; amending s. 97.073, F.S.; revising
 3593         procedures that a supervisor of elections must follow
 3594         to dispose of a voter registration application;
 3595         amending s. 97.1031, F.S.; revising the methods by
 3596         which a person must update his or her voter
 3597         registration due to a change of address; revising
 3598         procedures for an elector to change his or her party
 3599         affiliation; requiring an elector to notify the
 3600         supervisor of elections when the elector changes his
 3601         or her name; amending s. 98.075, F.S.; revising
 3602         procedures for the removal of deceased persons and
 3603         other potentially ineligible persons from the
 3604         statewide voter registration system; amending s.
 3605         98.093, F.S.; revising requirements for the Department
 3606         of Corrections to provide the Department of State with
 3607         information relating to convicted felons; requiring
 3608         the Florida Parole Commission to regularly furnish
 3609         data to the Department of State relating to persons
 3610         who have been granted clemency; amending s. 98.0981,
 3611         F.S.; providing timeframes and formats for voting
 3612         history information to be sent by the supervisors of
 3613         elections to the department; providing timeframes and
 3614         formats for voting history information to be sent by
 3615         the department to the President of the Senate, the
 3616         Speaker of the House of Representatives, and the
 3617         respective minority leaders; providing for the
 3618         imposition of fines on a supervisor of elections for
 3619         failure to comply in a timely manner; providing for
 3620         deposit of fines in the General Revenue Fund;
 3621         requiring submission of precinct-level information in
 3622         a certain format by a time certain; providing for
 3623         imposition of a fine on a supervisor of elections for
 3624         failure to comply and for depositing of the fine into
 3625         the General Revenue Fund; amending s. 99.012, F.S.;
 3626         providing that a person may not be qualified as a
 3627         candidate for an election or appear on the ballot
 3628         unless the person complies with certain requirements;
 3629         amending s. 99.021, F.S.; revising the candidate oath
 3630         requirement for a person seeking to qualify for
 3631         nomination or election or as a candidate of a
 3632         political party; removing requirement for qualifying
 3633         officer to give printed copy of candidate oath;
 3634         removing requirement for taking public employee oath;
 3635         correcting references for other oaths; amending s.
 3636         99.061, F.S.; revising timeframe for candidate to pay
 3637         a qualifying fee under certain circumstances;
 3638         requiring checks to be payable as prescribed by filing
 3639         officer; requiring signatures on certain oaths to be
 3640         verified; removing requirement for a public employee
 3641         oath; requiring the filing of a verified notarized
 3642         financial disclosure statement; clarifying the time
 3643         for qualifying papers to be received; providing that
 3644         qualifying officer performs ministerial duty only;
 3645         exempting a decision by qualifying officer from the
 3646         Administrative Procedure Act; amending s. 99.063,
 3647         F.S.; requiring a candidate’s oath to be verified;
 3648         deleting a requirement for a candidate to file a
 3649         loyalty oath with the Department of State by a certain
 3650         date; amending s. 99.092, F.S.; providing for the
 3651         transfer of the election assessment to the Elections
 3652         Commission Trust Fund; amending s. 99.093, F.S.;
 3653         providing for the election assessments paid by a
 3654         person seeking to qualify for a municipal office to be
 3655         forwarded by the qualifying officer to the Florida
 3656         Elections Commission; amending s. 99.095, F.S.;
 3657         allowing a candidate to obtain the required number of
 3658         signatures from any registered voter regardless of
 3659         district boundaries in a year of apportionment;
 3660         amending s. 99.097, F.S.; providing for the Department
 3661         of State to adopt rules to verify petitions through
 3662         random sampling; creating exceptions for certain
 3663         petitions from the authorization to use random
 3664         sampling to verify petitions; revising criteria that a
 3665         supervisor of elections must use to determine whether
 3666         a petition may be counted as valid; providing that an
 3667         exemption from paying fees to verify petitions does
 3668         not apply if a person has been paid to solicit
 3669         signatures; providing that contributions received
 3670         after the filing of an undue burden oath must first be
 3671         used to pay fees for verifying petitions; amending s.
 3672         100.061, F.S.; decreasing the time period between a
 3673         primary election and a general election; amending s.
 3674         100.111, F.S.; deleting provisions relating to
 3675         vacancies in a state or county office because an
 3676         incumbent qualified as a candidate for federal office;
 3677         providing for a filing officer, rather than the
 3678         Department of State, to notify a political party that
 3679         it may nominate a person for office if certain events
 3680         cause the party to have a vacancy in nomination;
 3681         revising provisions relating to the filling of a
 3682         vacancy in a nomination; deleting a defined term;
 3683         providing that a vacancy in nomination is not created
 3684         as the result of certain court orders; amending s.
 3685         100.371, F.S.; deleting provisions relating to a right
 3686         to revoke a signature on an initiative petition;
 3687         reducing the time period for which a signed and dated
 3688         initiative petition form is valid; requiring an
 3689         initiative sponsor to submit an initiative form to the
 3690         supervisor of elections for the county of residence of
 3691         the person signing the form for verification; revising
 3692         criteria for a supervisor of elections to verify a
 3693         signature on an initiative petition form; amending s.
 3694         101.043, F.S.; replacing references to the word
 3695         “voter” with “elector”; providing that the address on
 3696         a elector’s identification is not to be used to
 3697         confirm or challenge an elector’s legal residence;
 3698         amending s. 101.045, F.S.; prohibiting a person from
 3699         voting in a precinct or district outside his or her
 3700         legal residence; providing an exception; authorizing a
 3701         person whose eligibility to vote cannot be determined
 3702         to use a provisional ballot; amending s. 101.131,
 3703         F.S.; revising procedures for the designation of poll
 3704         watchers; requiring that the Division of Elections
 3705         prescribe a form for the designation of poll watchers;
 3706         providing conditions under which poll watchers are
 3707         authorized to enter polling areas and watch polls;
 3708         requiring that a supervisor of elections provide
 3709         identification to poll watchers by a specified period
 3710         before early voting begins; requiring that poll
 3711         watchers display such identification while in a
 3712         polling place; amending s. 101.151, F.S.; authorizing
 3713         the use of ballot-on-demand technology to produce
 3714         election-day ballots; deleting a requirement that the
 3715         use of such technology be authorized in writing by the
 3716         Secretary of State; revising provisions relating to
 3717         the order of candidates appearing on a ballot;
 3718         amending s. 101.161, F.S.; specifying a time period to
 3719         initiate an action to challenge an amendment to the
 3720         State Constitution proposed by the Legislature;
 3721         requiring the court, including an appellate court, to
 3722         accord the case priority over other cases; requiring
 3723         the Attorney General to revise a ballot title or
 3724         ballot summary for an amendment proposed by the
 3725         Legislature under certain circumstances; requiring the
 3726         Department of State to furnish a designating number
 3727         and the revised ballot title and substance to the
 3728         supervisors of elections; providing that a defect in a
 3729         ballot title or ballot summary in an amendment
 3730         proposed by the Legislature is not grounds to remove
 3731         the amendment from the ballot; amending s. 101.5605,
 3732         F.S.; requiring an electromechanical voting system to
 3733         satisfy the standards for certification adopted by
 3734         rule of the Department of State; amending s. 101.5606,
 3735         F.S.; deleting requirements for electromechanical
 3736         voting systems to have the capability to produce
 3737         precinct totals in marked or punched form; amending s.
 3738         101.5612, F.S.; revising the sample size of
 3739         electromechanical voting systems that include the
 3740         electronic or electromechanical tabulation devices to
 3741         be tested; amending s. 101.5614, F.S.; deleting
 3742         provisions relating to the use of ballot cards and
 3743         write-in ballots or envelopes; amending s. 101.591,
 3744         F.S.; removing the audit requirement by the canvassing
 3745         board if a manual recount is undertaken; amending s.
 3746         101.62, F.S.; extending the time for requesting an
 3747         absentee ballot to the end of the calendar year of the
 3748         next regularly scheduled general election; specifying
 3749         types of elections for which a supervisor of elections
 3750         must send an absentee ballot to uniformed services
 3751         voters and overseas voters; specifying a time period
 3752         during which a supervisor of elections must begin
 3753         mailing absentee ballots; removing requirements that
 3754         an elector provide certain information when requesting
 3755         an absentee ballot from the county supervisor of
 3756         elections; amending s. 101.65, F.S.; revising the form
 3757         of the instructions to absent electors; stating that
 3758         an absentee ballot is considered illegal if the
 3759         signature on the voter’s certificate does not match
 3760         the signature on record; providing instructions for
 3761         updating a signature on a voter registration
 3762         application; amending s. 101.657, F.S.; reducing the
 3763         early voting period; authorizing a supervisor of
 3764         election to provide early voting for elections not
 3765         held in conjunction with a state or federal election;
 3766         amending s. 101.68, F.S.; extending the time for
 3767         canvassing and processing absentee ballots to 15 days
 3768         before the election; amending s. 101.6923, F.S.;
 3769         revising the form of the special absentee ballot
 3770         instructions for certain first-time voters; stating
 3771         that an absentee ballot is considered illegal if the
 3772         signature on the voter’s certificate does not match
 3773         the signature on record; providing instructions for
 3774         updating a signature on a voter registration
 3775         application; amending s. 101.75, F.S.; deleting a
 3776         requirement for the dates of the qualifying period for
 3777         certain municipal elections to run for no less than 14
 3778         days; amending s. 102.168, F.S.; revising provisions
 3779         specifying indispensable parties in a contest of an
 3780         election; providing that in an election contest
 3781         involving the review of a signature on an absentee
 3782         ballot by a canvassing board, a circuit court may not
 3783         review or consider evidence other than the signature
 3784         on the voter’s certificate and the elector’s
 3785         signatures in the registration records; providing for
 3786         the reversal of the determination by the canvassing
 3787         board if the court determines that the board abused
 3788         its discretion; amending s. 103.021, F.S.; revising a
 3789         definition; revising requirements for a minor
 3790         political party to have candidates for President and
 3791         Vice-President placed on the general election ballot;
 3792         creating s. 103.095, F.S.; providing a procedure for
 3793         the registration of a minor political party; requiring
 3794         the Division of Elections to adopt rules to prescribe
 3795         the manner in which political parties may have their
 3796         filings cancelled; amending s. 103.101, F.S.; deleting
 3797         provisions relating to a Presidential Candidate
 3798         Selection Committee; specifying a deadline by which
 3799         the Secretary of State must prepare and publish a list
 3800         of presidential candidates selected by political
 3801         parties; amending s. 103.141, F.S.; revising
 3802         procedures for the removal of an officer, county
 3803         committeeman, county committeewoman, precinct
 3804         committeeman, precinct committeewoman, or member of a
 3805         county executive committee; repealing s. 103.161,
 3806         F.S., which relates to the removal or suspension of
 3807         officers or members of a state or county executive
 3808         committee; amending s. 104.29, F.S.; revising
 3809         provisions authorizing persons to view whether ballots
 3810         are being correctly reconciled; amending s. 106.011,
 3811         F.S.; revising the definitions of the terms
 3812         “contribution,” “independent expenditure,” “unopposed
 3813         candidate,” and “candidate”; conforming a cross
 3814         reference to changes made by the act; amending s.
 3815         106.021, F.S.; deleting requirements to report the
 3816         address of certain persons receiving a reimbursement
 3817         by a check drawn on a campaign account; amending s.
 3818         106.022, F.S.; requiring a political committee,
 3819         committee of continuous existence, or electioneering
 3820         communications organization to file a statement of
 3821         appointment with the filing officer rather than with
 3822         the Division of Elections; authorizing an entity to
 3823         change its appointment of registered agent or
 3824         registered office by filing a written statement with
 3825         the filing officer; requiring a registered agent who
 3826         resigns to execute a written statement of resignation
 3827         and file it with the filing officer; amending s.
 3828         106.023, F.S.; revising the form of the statement of
 3829         candidate to require a candidate to acknowledge that
 3830         he or she has been provided access to and understands
 3831         the requirements of ch. 106, F.S.; amending s.
 3832         106.025, F.S.; creating an exception from requirements
 3833         for tickets or advertising for a campaign fund raiser
 3834         to contain a specified disclosure statement; amending
 3835         s. 106.03, F.S.; revising requirements for groups
 3836         making expenditures for electioneering communications
 3837         to file a statement of organization; amending s.
 3838         106.04, F.S.; transferring a requirement that certain
 3839         committees of continuous existence file campaign
 3840         finance reports in special elections; requiring a
 3841         committee of continuous existence that makes a
 3842         contribution or expenditure to influence the results
 3843         of certain county or municipal elections to file
 3844         specified reports; subjecting a committee of
 3845         continuous existence that fails to file a report or to
 3846         timely file a report with the Division of Elections or
 3847         a county or municipal filing officer to a fine;
 3848         requiring a committee of continuous existence to
 3849         include transaction information from credit card
 3850         purchases in a report filed with the Division of
 3851         Elections; requiring a committee of continuous
 3852         existence to report changes in information previously
 3853         reported to the Division of Elections within 10 days
 3854         after the change; requiring the Division of Elections
 3855         to revoke the certification of a committee of
 3856         continuous existence that fails to file or report
 3857         certain information; requiring the division to adopt
 3858         rules to prescribe the manner in which the
 3859         certification is revoked; increasing the amount of a
 3860         fine to be levied on a committee of continuous
 3861         existence that fails to timely file certain reports;
 3862         providing for the deposit of the proceeds of the
 3863         fines; including the registered agent of a committee
 3864         of continuous existence as a person whom the filing
 3865         officer may notify that a report has not been filed;
 3866         providing criteria for deeming delivery complete of a
 3867         notice of fine; requiring a committee of continuous
 3868         existence that appeals a fine to file a copy of the
 3869         appeal with the filing officer; defining the term
 3870         “repeated late filing”; requiring the Elections
 3871         Commission to treat the late filings addressed in a
 3872         single notice of repeated late filings as a single
 3873         violation; amending s. 106.07, F.S.; creating an
 3874         exception for reports due in the third calendar
 3875         quarter immediately preceding a general election from
 3876         a requirement that the campaign treasurer report
 3877         contributions received and expenditures made on the
 3878         10th day following the end of each calendar quarter;
 3879         revising reporting requirements for a statewide
 3880         candidate who receives funding under the Florida
 3881         Election Campaign Financing Act and candidates in a
 3882         race with a candidate who has requested funding under
 3883         that act; deleting a requirement for a committee of
 3884         continuous existence to file a campaign treasurer’s
 3885         report relating to contributions or expenditures to
 3886         influence the results of a special election; revising
 3887         the methods by which a campaign treasurer may be
 3888         notified of the determination that a report is
 3889         incomplete to include certified mail and other methods
 3890         using a common carrier that provides proof of delivery
 3891         of the notice; extending the time the campaign
 3892         treasurer has to file an addendum to the report after
 3893         receipt of notice of why the report is incomplete;
 3894         providing criteria for deeming delivery complete of a
 3895         notice of incomplete report; deleting a provision
 3896         allowing for notification by telephone of an
 3897         incomplete report; requiring political committees that
 3898         make a contribution or expenditure to influence the
 3899         results of certain county or municipal elections to
 3900         file campaign finance reports with the county or
 3901         municipal filing officer and to include its
 3902         contributions and expenditures in a report to the
 3903         Division of Elections; revising the information that
 3904         must be included in a report to include transaction
 3905         information for credit card purchases; deleting a
 3906         requirement for a campaign depository to return checks
 3907         drawn on the account to the campaign treasurer;
 3908         deleting a provision providing that the failure to
 3909         file a copy of a report is not subject to a separate
 3910         fine; specifying the amount of a fine for the failure
 3911         to timely file reports after a special primary
 3912         election or special election; specifying that the
 3913         registered agent of a political committee is a person
 3914         whom a filing officer may notify of the amount of the
 3915         fine for filing a late report; providing criteria for
 3916         deeming delivery complete of a notice of late report
 3917         and resulting fine; defining the term “repeated late
 3918         filing”; requiring the Elections Commission to treat
 3919         the late filings addressed in a single notice of
 3920         repeated late filings as a single violation; amending
 3921         s. 106.0703, F.S.; defining the term “repeated late
 3922         filing”; requiring the Elections Commission to treat
 3923         the late filings addressed in a single notice of
 3924         repeated late filings as a single violation; amending
 3925         s. 106.0705, F.S.; requiring certain individuals to
 3926         electronically file certain reports with the Division
 3927         of Elections; conforming a cross-reference to changes
 3928         made by the act; deleting an obsolete provision;
 3929         amending s. 106.08, F.S.; deleting a requirement for
 3930         the Department of State to notify candidates as to
 3931         whether an independent or minor party candidate has
 3932         obtained the required number of petition signatures;
 3933         deleting a requirement for certain unopposed
 3934         candidates to return contributions; specifying the
 3935         entities with which a political party’s state
 3936         executive committee and county executive committees
 3937         and affiliated party committees must file a written
 3938         acceptance of an in-kind contribution; amending s.
 3939         106.09, F.S.; specifying that the limitations on
 3940         contributions by cash or cashier’s check apply to the
 3941         aggregate amount of contributions to a candidate or
 3942         committee per election; amending s. 106.11, F.S.;
 3943         revising the statement that must be contained on
 3944         checks from a campaign account; deleting requirements
 3945         relating to the use of debit cards; authorizing a
 3946         campaign for a candidate to reimburse the candidate’s
 3947         loan to the campaign when the campaign account has
 3948         sufficient funds; amending s. 106.141, F.S.; deleting
 3949         a limit on the amount of funds that a candidate may
 3950         give to his or her political party; requiring
 3951         candidates receiving public financing to return all
 3952         surplus funds to the General Revenue Fund after paying
 3953         certain monetary obligations and expenses; amending s.
 3954         106.143, F.S.; specifying disclosure statements that
 3955         must be included in political advertisements paid for
 3956         by a write-in candidate; revising the disclosure
 3957         statements that must be included in certain political
 3958         avertisements; prohibiting the inclusion of a person’s
 3959         political affiliation in advertisements for a
 3960         nonpartisan office; clarifying the type of political
 3961         advertisements that must be approved in advance by a
 3962         candidate; deleting an exemption from the requirement
 3963         to obtain a candidate’s approval for messages designed
 3964         to be worn; amending s. 106.17, F.S.; providing that
 3965         the cost of certain polls are not contributions to a
 3966         candidate; amending s. 106.18, F.S.; deleting a
 3967         provision providing that a candidate will not be
 3968         prevented from receiving a certificate of election for
 3969         failing to file a report; amending s. 106.19, F.S.;
 3970         providing that a candidate’s failure to comply with
 3971         ch. 106, F.S., has no effect on whether the candidate
 3972         has qualified for office; amending s. 106.25, F.S.;
 3973         authorizing a person who is the subject of a complaint
 3974         filed with the Florida Elections Commission to file a
 3975         response before executive director of the commission
 3976         determines whether the complaint is legally
 3977         sufficient; prohibiting the commission from
 3978         determining by rule what constitutes willfulness or
 3979         define the term “willful”; authorizing the commission
 3980         to enter into consent orders without requiring the
 3981         respondent to admit to a violation of law; authorizing
 3982         an administrative law judge to impose civil penalties
 3983         for violations of ch. 104 or ch. 106, F.S.; amending
 3984         s. 106.26, F.S.; requiring the commission to enforce
 3985         certain witness subpoenas in the circuit court where
 3986         the witness resides; amending s. 106.265, F.S.;
 3987         authorizing an administrative law judge to assess
 3988         civil penalties upon a finding of a violation of the
 3989         election code or campaign financing laws; providing
 3990         for civil penalties to be assessed against an
 3991         electioneering communications organization; removing
 3992         reference to the expired Election Campaign Financing
 3993         Trust Fund; directing that moneys from penalties and
 3994         fines be deposited into the General Revenue Fund;
 3995         amending s. 106.29, F.S.; requiring state and county
 3996         executive committees and affiliated party committees
 3997         that make contributions or expenditures to influence
 3998         the results of a special election or special primary
 3999         election to file campaign treasurer’s reports;
 4000         amending campaign finance reporting dates, to conform;
 4001         deleting a requirement that each state executive
 4002         committee file the original and one copy of its
 4003         reports with the Division of Elections; deleting a
 4004         provision prohibiting the assessment of a separate
 4005         fine for failing to file a copy of a report, to
 4006         conform; revising the due date for filing a report;
 4007         providing criteria for deeming delivery complete of a
 4008         notice of fine; defining the term “repeated late
 4009         filing”; requiring the Elections Commission to treat
 4010         the late filings addressed in a single notice of
 4011         repeated late filings as a single violation; amending
 4012         s. 106.35, F.S.; deleting a requirement that the
 4013         Division of Election adopt rules relating to the
 4014         format and filing of certain printed campaign
 4015         treasurer’s reports; amending s. 876.05, F.S.;
 4016         deleting a requirement for all candidates for public
 4017         office to record an oath to support the Constitution
 4018         of the United States and of the State of Florida;
 4019         repealing s. 876.07, F.S., relating to a requirement
 4020         that a person make an oath to support the Constitution
 4021         of the United States and of the State of Florida to be
 4022         qualified as a candidate for office; providing for
 4023         severability of the act; providing effective dates.