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House Bill 0461

Florida House of Representatives - 1997 HB 461 By Representative Thrasher 1 A bill to be entitled 2 An act relating to elections; amending s. 3 106.08, F.S., relating to limitations on 4 campaign contributions; revising restrictions 5 on contributions by and prohibiting certain 6 contributions to a political party; requiring 7 the reporting of illegal contributions; 8 providing penalties; amending ss. 106.04 and 9 106.07, F.S.; increasing the fine for late 10 filing of campaign financing reports by 11 candidates, political committees, and 12 committees of continuous existence; providing 13 for deposit of such fines in the Elections 14 Commission Trust Fund; eliminating an 15 inoperable provision relating to certain 16 first-time offenders; amending s. 106.29, F.S.; 17 increasing the fine for late filing of campaign 18 finance reports by political parties; 19 prohibiting political parties from contributing 20 to candidates beyond a specified amount; 21 clarifying reporting requirements; providing 22 penalties; amending s. 106.021, F.S.; reducing 23 the required minimum number of candidates that 24 may be jointly endorsed under certain 25 circumstances without the expenditures therefor 26 being considered as contributions to or 27 expenditures on behalf of such candidates; 28 amending ss. 99.092, 99.093, and 105.031, F.S.; 29 revising the candidate filing fee and the 30 municipal candidate election assessment; 31 amending s. 99.103, F.S., relating to 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 distribution of party assessments and certain 2 filing fees, to conform; amending s. 106.141, 3 F.S.; providing requirements for disposition 4 and reporting of surplus funds resulting from 5 refund checks received after all other surplus 6 funds have been disposed of; restricting the 7 amount of surplus funds that may be given to a 8 political party; amending s. 106.143, F.S.; 9 providing requirements for political 10 advertisements with respect to candidate 11 approval; creating s. 106.147, F.S.; providing 12 disclosure requirements and prohibitions 13 relating to political solicitation by 14 telephone; providing an exemption; providing 15 penalties; creating s. 106.148, F.S.; providing 16 disclosure requirements for political 17 solicitation by online computer service; 18 amending s. 99.097, F.S., relating to 19 verification of signatures on petitions; 20 clarifying petition requirements with respect 21 to addresses; requiring advance payment for 22 checking signatures; amending s. 100.371, F.S.; 23 revising provisions relating to initiative 24 amendments; requiring each initiative amendment 25 to be on a petition form prescribed by the 26 division; requiring the sponsor of a proposed 27 initiative amendment to give the division 28 notice of the use of paid petition circulators; 29 requiring the sponsor of a proposed initiative 30 amendment to provide the names and addresses of 31 its paid petition circulators to the division; 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 requiring paid petition circulators to place 2 their names and addresses on each petition form 3 gathered and requiring the sponsor of the 4 proposed initiative amendment to ensure that 5 such information has been provided prior to 6 submission of the forms to the supervisors for 7 verification; prohibiting the sponsor of a 8 proposed initiative amendment who pays to have 9 signatures collected from filing an oath of 10 undue burden in lieu of paying the fee required 11 to have signatures verified; providing a 12 signature verification period; amending s. 13 104.185, F.S.; clarifying a prohibition against 14 signing a petition more than once; prohibiting 15 the signing of another person's name or a 16 fictitious name on any petition for a 17 candidate, a minor political party, or an 18 issue; providing penalties; amending s. 106.19, 19 F.S.; prohibiting the sponsor of a proposed 20 initiative amendment from submitting petitions 21 by a paid petition circulator without the name 22 and address of the circulator on the petition 23 form; providing penalties; providing 24 applicability to petitions already initiated; 25 repealing s. 100.091, F.S., relating to the 26 second primary election; repealing s. 100.096, 27 F.S., relating to the holding of special 28 elections required by local law in conjunction 29 with the second primary election; amending s. 30 100.061, F.S.; providing for a single primary 31 election; providing the day for holding the 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 primary election; providing for nomination by a 2 plurality of the votes cast; providing a method 3 for deciding tie votes; eliminating the second 4 primary election; amending ss. 10.1008, 97.021, 5 97.055, 97.071, 98.081, 99.061, 99.095, 99.103, 6 100.071, 100.081, 100.111, 100.141, 101.141, 7 101.251, 101.252, 101.62, 102.012, 103.021, 8 103.022, 103.091, 105.031, 105.041, 105.051, 9 106.07, 106.08, and 106.29, F.S.; revising 10 references and provisions relating to the 11 primary elections, to conform; revising 12 campaign financing reporting dates, to conform; 13 removing language pertaining to ballot content 14 and validity of absentee ballots for overseas 15 electors; amending s. 102.031, F.S.; 16 prohibiting the solicitation of voters within a 17 specified distance of any polling place or 18 polling room; specifying acts of solicitation 19 that may not be restricted; authorizing a 20 supervisor of elections to permit solicitation 21 within a specified zone under prescribed 22 conditions; authorizing an election board to 23 have disruptive persons removed by law 24 enforcement officers; requiring the law 25 enforcement officer assigned to an election 26 precinct to inform solicitors of zone 27 surrounding the polling place and to remove 28 disruptive solicitors; creating s. 99.013, 29 F.S.; providing definitions; requiring that 30 certain candidates or public officers have only 31 one declared residence; providing factors to be 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 considered; requiring candidates and appointed 2 public officers for certain offices to meet the 3 residency requirement from the time of 4 qualifying for office; providing for 5 investigation of violations by the Florida 6 Elections Commission; amending s. 106.18, F.S.; 7 requiring omission from the ballot of the name 8 of any candidate found in violation of the 9 residency requirement; amending s. 106.25, 10 F.S.; granting the commission authority to 11 investigate, consider, and determine such 12 violations; providing procedure; amending s. 13 106.26, F.S.; providing procedure upon a 14 determination that such a residency violation 15 has occurred or has not occurred; amending s. 16 97.052, F.S.; providing an additional purpose 17 for, and modifying the contents of, the uniform 18 statewide voter registration application; 19 providing for an assessment on requests for 20 forms beyond a specified number from 21 individuals or groups conducting voter 22 registration programs; amending s. 97.053, 23 F.S.; providing for acceptance of requests for 24 a replacement registration identification card; 25 requiring that an applicant provide additional 26 information on the voter registration form to 27 establish eligibility; amending ss. 97.071 and 28 97.1031, F.S., relating to registration 29 identification cards; changing notification 30 requirements to receive an updated or 31 replacement card; amending s. 98.461, F.S.; 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 modifying the information required on the 2 precinct register; amending s. 104.011, F.S.; 3 increasing the penalty for willfully submitting 4 false voter registration information; amending 5 s. 104.012, F.S.; prohibiting the altering of a 6 voter registration application of another 7 person without that person's knowledge and 8 consent; providing a penalty; repealing ss. 9 98.391-98.441, F.S., relating to automation in 10 processing of voter registrations by means of 11 data processing cards and the use of such cards 12 at voting precincts; amending s. 97.012, F.S.; 13 requiring the Secretary of State to create and 14 maintain a central voter file; amending s. 15 97.021, F.S.; defining "central voter file"; 16 creating s. 98.097, F.S.; providing for 17 creation and maintenance of the central voter 18 file; providing that information in the central 19 voter file not otherwise confidential or exempt 20 from public records requirements is public 21 information; requiring the central voter file 22 to be self-sustaining; amending ss. 98.045 and 23 98.095, F.S., relating to administration of 24 voter registration and public access to 25 registration information, respectively, to 26 conform; amending s. 98.212, F.S.; requiring 27 supervisors of elections to provide voter 28 registration information to the division for 29 the central voter file; amending s. 101.591, 30 F.S.; providing for voting system audits only 31 upon specific appropriation and directive of 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 the Legislature; amending s. 125.01, F.S.; 2 correcting a cross reference; transferring the 3 Florida Elections Commission from the 4 Department of State to the Department of Legal 5 Affairs, Office of the Attorney General; 6 amending s. 104.271, F.S.; authorizing filing 7 of complaints with the commission relating to 8 false statements about candidates; amending s. 9 106.19, F.S.; eliminating authority of the 10 Division of Elections to bring civil actions to 11 recover certain civil penalties; amending s. 12 106.22, F.S.; deleting duties of the division 13 relating to investigation of complaints; 14 requiring the division to report certain 15 information to the commission; requiring the 16 division to conduct preliminary investigations 17 into irregularities or fraud involving voter 18 registration or voting and report the findings 19 to the appropriate state attorney for 20 prosecution, where warranted; requiring the 21 division to perform random audits relating to 22 reports and statements required to be filed 23 under ch. 106, F.S., relating to campaign 24 financing; amending s. 106.23, F.S.; 25 restricting powers of the division to issue 26 subpoenas and administer oaths to specified 27 duties; amending s. 106.24, F.S.; increasing 28 membership of the commission; revising 29 appointment procedures and criteria for 30 membership on the commission; revising 31 administrative and organizational structure of 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 the commission; providing for appointment of an 2 executive director and employment of staff; 3 authorizing the commission to contract or 4 consult with other state agencies for 5 assistance as needed; amending s. 106.25, F.S.; 6 vesting the commission with jurisdiction to 7 investigate and determine violations of ch. 8 106, F.S.; requiring transmittal of a copy of a 9 sworn complaint to the alleged violator; 10 providing for an administrative hearing upon 11 written request of the alleged violator; 12 amending s. 106.26, F.S.; providing rulemaking 13 authority to the commission relating to its 14 investigative responsibilities; prohibiting the 15 commission from issuing advisory opinions; 16 providing for establishment by rule of minor 17 offenses that may be resolved without further 18 investigation by means of a plea of no contest 19 and a fine; requiring the commission to adhere 20 to statutory law and advisory opinions of the 21 division; amending s. 106.265, F.S.; requiring 22 the State Comptroller to collect fines 23 resulting from actions of the commission in 24 circuit court to enforce payment of civil 25 penalties; providing for termination of terms 26 of current members of the commission and 27 appointment of new members; transferring to the 28 commission all division records, personnel, 29 property, and unexpended funds associated with 30 the complaint investigation process under ch. 31 106, F.S.; providing for transition from the 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 current commission to the newly constituted 2 commission; providing effective dates, 3 including contingent effective dates. 4 5 Be It Enacted by the Legislature of the State of Florida: 6 7 Section 1. Section 106.08, Florida Statutes, is 8 amended to read: 9 106.08 Contributions; limitations on.-- 10 (1)(a) A No person, political committee, or committee 11 of continuous existence may not, in any election, shall make 12 contributions in excess of $500 to any candidate for election 13 to or retention in office or to any political committee 14 supporting or opposing one or more candidates. in this state, 15 for any election, in excess of the following amounts: 16 1. To a candidate for countywide office or to a 17 candidate in any election conducted on less than a countywide 18 basis, $500. 19 2. To a candidate for legislative or multicounty 20 office, $500. 21 3. To a candidate for statewide office, $500. 22 Candidates for the offices of Governor and Lieutenant Governor 23 on the same ticket are shall be considered a single candidate 24 for the purpose of this section. 25 4. To a political committee supporting or opposing one 26 or more candidates, $500. 27 5. To a candidate for county court judge or circuit 28 judge, $500. 29 6. To a candidate for retention as a judge of a 30 district court of appeal, $500. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 7. To a candidate for retention as a justice of the 2 Supreme Court, $500. 3 (b)1. The contribution limits provided in this 4 subsection do shall not apply to contributions made by a state 5 or county executive committee of a political party regulated 6 by chapter 103 or to amounts contributed by a candidate to his 7 or her own campaign. 8 2. Notwithstanding the limits provided in this 9 subsection, an no unemancipated child under the age of 18 10 years of age may not make a contribution in excess of $100 to 11 any candidate or to any political committee supporting one or 12 more candidates, in excess of $100. The limitations provided 13 by this subsection shall apply to each election. 14 (c) The contribution limits of this subsection apply 15 to each election. For purposes of this subsection, the first 16 primary, second primary, and general election are shall be 17 deemed separate elections so long as the candidate is not an 18 unopposed candidate as defined in s. 106.011(15). However, 19 for the purpose of contribution limits with respect to 20 candidates for retention as a justice of the Supreme Court or 21 judge of a district court of appeal, there is shall be only 22 one election, which is shall be the general election, and with 23 respect to candidates for circuit judge or county court judge, 24 there are shall be only two elections, which are shall be the 25 first primary election and general election. 26 (2)(a) A candidate may not accept contributions from 27 national, state, and county executive committees of a 28 political party, which contributions in the aggregate exceed 29 $50,000, no more than $25,000 of which may be accepted prior 30 to the 28-day period immediately preceding the date of the 31 general election. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (b) For the purposes of this subsection: 2 1. Print, broadcast, cable, and mailing advertisements 3 are contributions in an amount equal to their fair market 4 value and shall be counted toward the contribution limits of 5 this subsection. 6 2. Polling services, research services, costs for 7 campaign staff, professional consulting services technical 8 assistance, and telephone calls voter mobilization efforts are 9 not contributions to be counted toward the contribution limits 10 of paragraph (a) this subsection. Any item not expressly 11 identified in this paragraph as nonallocable is a contribution 12 in an amount equal to the fair market value of the item and 13 must be counted as allocable toward the $50,000 contribution 14 limits of paragraph (a). Nonallocable, in-kind contributions 15 must be reported by the candidate under s. 106.07 and by the 16 political party under s. 106.29. 17 (3) Any contribution received by a candidate with 18 opposition in an election or by the campaign treasurer or a 19 deputy campaign treasurer of such a candidate on the day of 20 that election or less than 5 days prior to the day of that 21 election must shall be returned by him or her to the person or 22 committee contributing it and may shall not be used or 23 expended by or on behalf of the candidate. Any contribution 24 received by a candidate or by the campaign treasurer or a 25 deputy campaign treasurer of a candidate after the date at 26 which the candidate withdraws his or her candidacy, or after 27 the date the candidate is defeated, becomes unopposed, or is 28 elected to office must shall be returned to the person or 29 political committee contributing it and may shall not be used 30 or expended by or on behalf of the candidate. 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (4) Any contribution tendered to or received by a 2 candidate or any person acting on behalf of a candidate that 3 is known to have been made in violation of the provisions of 4 this section must be immediately reported to the division. 5 (5)(4) Any contribution received by the chair, 6 campaign treasurer, or deputy campaign treasurer of a 7 political committee supporting or opposing a candidate with 8 opposition in an election or supporting or opposing an issue 9 on the ballot in an election on the day of that election or 10 less than 5 days prior to the day of that election may shall 11 not be obligated or expended by the committee until after the 12 date of the election. 13 (6)(5) A No person may not shall make any contribution 14 in support of or opposition to a candidate for election or 15 nomination, in support of or opposition to an issue, or to any 16 political committee, through or in the name of another, 17 directly or indirectly, in any election. The solicitation 18 from, and contributions by, Candidates, political committees, 19 and political parties may not solicit contributions from or 20 make contributions party executive committees to any 21 religious, charitable, civic, or other causes or organizations 22 established primarily for the public good are expressly 23 prohibited. However, it is shall not be construed as a 24 violation of this subsection for a candidate, political 25 committee, or political party executive committee to make 26 gifts of money in lieu of flowers in memory of a deceased 27 person or for a candidate to continue membership in, or make 28 regular donations contributions paid from personal or business 29 funds to, religious, political party, civic, or charitable 30 groups of which the candidate is a member or to which the 31 candidate he or she has been a regular donor contributor for 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 more than 6 months. A candidate may purchase, with campaign 2 funds, tickets, admission to events, or advertisements from 3 religious, civic, political party, or charitable groups. 4 (7) A political party may not accept any contribution 5 which has been specifically designated for the partial or 6 exclusive use of a particular candidate. Any contribution so 7 designated must be returned to the contributor and may not be 8 used or expended by or on behalf of the candidate. 9 (8)(a)(6) Any person who knowingly and willfully makes 10 no more than one a contribution in violation of subsection (1) 11 or subsection (6) (5), or any person who knowingly and 12 willfully fails or refuses to return any contribution as 13 required in subsection (3), commits is guilty of a misdemeanor 14 of the first degree, punishable as provided in s. 775.082 or 15 s. 775.083. If any corporation, partnership, or other 16 business entity or any political committee or committee of 17 continuous existence is convicted of knowingly and willfully 18 violating any provision punishable under this paragraph 19 section, it shall be fined not less than $1,000 and not more 20 than $10,000. If it is a domestic entity, it may be ordered 21 dissolved by a court of competent jurisdiction; if it is a 22 foreign or nonresident business entity, its right to do 23 business in this state may be forfeited. Any officer, 24 partner, agent, attorney, or other representative of a 25 corporation, partnership, or other business entity or of a 26 political committee or committee of continuous existence who 27 aids, abets, advises, or participates in a violation of any 28 provision punishable under this paragraph commits section is 29 guilty of a misdemeanor of the first degree, punishable as 30 provided in s. 775.082 or s. 775.083. 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (b) Any person who knowingly and willfully makes two 2 or more contributions in violation of subsection (1) or 3 subsection (6), or any person who knowingly and willfully 4 fails or refuses to report any contribution as required in 5 subsection (4), commits a felony of the second degree, 6 punishable as provided in s. 775.082, s. 775.083, or s. 7 775.084. If any corporation, partnership, or other business 8 entity or any political committee or committee of continuous 9 existence is convicted of knowingly and willfully violating 10 any provision punishable under this paragraph, it shall be 11 fined not less than $10,000 and not more than $50,000. If it 12 is a domestic entity, it may be ordered dissolved by a court 13 of competent jurisdiction; if it is a foreign or nonresident 14 business entity, its right to do business in this state may be 15 forfeited. Any officer, partner, agent, attorney, or other 16 representative of a corporation, partnership, or other 17 business entity or of a political committee or committee of 18 continuous existence who aids, abets, advises, or participates 19 in a violation of any provision punishable under this 20 paragraph commits a felony of the second degree, punishable as 21 provided in s. 775.082, s. 775.083, or s. 775.084. 22 (9)(7) Except when otherwise provided in subsection 23 (8), any person who knowingly and willfully violates any 24 provision the provisions of this section shall, in addition to 25 any other penalty prescribed by this chapter, pay to the state 26 a sum equal to twice the amount contributed in violation of 27 this chapter. Each campaign treasurer shall pay all amounts 28 contributed in violation of this section to the state for 29 deposit in the General Revenue Fund. 30 (10)(8) The provisions of This section does shall not 31 apply to the transfer of funds between a primary campaign 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 depository and a savings account or certificate of deposit or 2 to any interest earned on such account or certificate. 3 Section 2. Subsection (8) of section 106.04, Florida 4 Statutes, is amended to read: 5 106.04 Committees of continuous existence.-- 6 (8)(a) Any committee of continuous existence failing 7 to file a report on the designated due date shall be subject 8 to a fine. The fine shall be $500 $50 per day for each late 9 day, not to exceed 25 percent of the total receipts or 10 expenditures, whichever is greater, for the period covered by 11 the late report. The fine shall be assessed by the filing 12 officer, and the moneys collected shall be deposited in the 13 Elections Commission Election Campaign Financing Trust Fund. 14 No separate fine shall be assessed for failure to file a copy 15 of any report required by this section. 16 (b) Upon determining that a report is late, the filing 17 officer shall immediately notify the treasurer of the 18 committee as to the failure to file a report by the designated 19 due date and that a fine is being assessed for each late day. 20 Upon receipt of the report, the filing officer shall determine 21 the amount of fine which is due and shall notify the treasurer 22 of the committee. The filing officer shall determine the 23 amount of the fine due based upon the earliest of the 24 following: 25 1. When the report is actually received by such 26 officer. 27 2. When the report is postmarked. 28 3. When the certificate of mailing is dated. 29 4. When the receipt from an established courier 30 company is dated. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Such fine shall be paid to the filing officer within 20 days 2 after receipt of the notice of payment due, unless appeal is 3 made to the Florida Elections Commission pursuant to paragraph 4 (c). An officer or member of a committee shall not be 5 personally liable for such fine. 6 (c) Any treasurer of a committee may appeal or dispute 7 the fine, based upon unusual circumstances surrounding the 8 failure to file on the designated due date, and may request 9 and shall be entitled to a hearing before the Florida 10 Elections Commission, which shall have the authority to waive 11 the fine in whole or in part. Any such request shall be made 12 within 20 days after receipt of the notice of payment due. In 13 such case, the treasurer of the committee shall, within the 14 20-day period, notify the filing officer in writing of his or 15 her intention to bring the matter before the commission. 16 (d) The filing officer shall notify the Florida 17 Elections Commission of the repeated late filing by a 18 committee of continuous existence, the failure of a committee 19 of continuous existence to file a report after notice, or the 20 failure to pay the fine imposed. 21 (e) The filing officer shall waive the fine for 22 first-time offenders who had no activity during the reporting 23 period. The Division of Elections shall adopt rules to carry 24 out the provisions of this paragraph. These rules shall 25 provide for the following: 26 1. First-time offenders include committees of 27 continuous existence which have not previously been fined for 28 failure to timely file a report pursuant to this section. 29 2. The committee of continuous existence must request 30 waiver of the fine within 20 days after being notified by the 31 filing officer that the report was not timely filed. 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 3. The request for waiver must be accompanied by a 2 sworn oath by the treasurer of the committee stating that the 3 committee has not previously been fined for the late filing of 4 a report and that there was no activity during the reporting 5 period. No activity shall mean that no funds were received or 6 expenditures made during the reporting period. 7 4. The reporting period shall follow the schedules 8 outlined in s. 106.07. 9 Section 3. Subsection (8) of section 106.07, Florida 10 Statutes, is amended to read: 11 106.07 Reports; certification and filing.-- 12 (8)(a) Any candidate or political committee failing to 13 file a report on the designated due date shall be subject to a 14 fine as provided in paragraph (b) for each late day, and, in 15 the case of a candidate, such fine shall be paid only from 16 personal funds of the candidate. The fine shall be assessed 17 by the filing officer and the moneys collected shall be 18 deposited: 19 1. In the Elections Commission Election Campaign 20 Financing Trust Fund, in the case of a candidate for state 21 office or a political committee that registers with the 22 Division of Elections; or 23 2. In the general revenue fund of the political 24 subdivision, in the case of a candidate for an office of a 25 political subdivision or a political committee that registers 26 with an officer of a political subdivision. 27 28 No separate fine shall be assessed for failure to file a copy 29 of any report required by this section. 30 (b) Upon determining that a report is late, the filing 31 officer shall immediately notify the candidate or chair of the 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 political committee as to the failure to file a report by the 2 designated due date and that a fine is being assessed for each 3 late day. The fine shall be $500 $50 per day for each late 4 day, not to exceed 25 percent of the total receipts or 5 expenditures, whichever is greater, for the period covered by 6 the late report. Upon receipt of the report, the filing 7 officer shall determine the amount of the fine which is due 8 and shall notify the candidate or chair. The filing officer 9 shall determine the amount of the fine due based upon the 10 earliest of the following: 11 1. When the report is actually received by such 12 officer. 13 2. When the report is postmarked. 14 3. When the certificate of mailing is dated. 15 4. When the receipt from an established courier 16 company is dated. 17 18 Such fine shall be paid to the filing officer within 20 days 19 after receipt of the notice of payment due, unless appeal is 20 made to the Florida Elections Commission pursuant to paragraph 21 (c). In the case of a candidate, such fine shall not be an 22 allowable campaign expenditure and shall be paid only from 23 personal funds of the candidate. An officer or member of a 24 political committee shall not be personally liable for such 25 fine. 26 (c) Any candidate or chair of a political committee 27 may appeal or dispute the fine, based upon unusual 28 circumstances surrounding the failure to file on the 29 designated due date, and may request and shall be entitled to 30 a hearing before the Florida Elections Commission, which shall 31 have the authority to waive the fine in whole or in part. Any 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 such request shall be made within 20 days after receipt of the 2 notice of payment due. In such case, the candidate or chair 3 of the political committee shall, within the 20-day period, 4 notify the filing officer in writing of his or her intention 5 to bring the matter before the commission. 6 (d) The appropriate filing officer shall notify the 7 Florida Elections Commission of the repeated late filing by a 8 candidate or political committee, the failure of a candidate 9 or political committee to file a report after notice, or the 10 failure to pay the fine imposed. 11 (e) The filing officer shall waive the fine for 12 first-time offenders who had no activity during the reporting 13 period. The Division of Elections shall adopt rules to carry 14 out the provisions of this paragraph. These rules shall 15 provide for the following: 16 1. First-time offenders include candidates or 17 political committees which have not previously been fined for 18 failure to timely file a report pursuant to this section. 19 2. The candidate or political committee must request 20 waiver of the fine within 20 days after being notified by the 21 filing officer that the report was not timely filed. 22 3. The request for the waiver must be accompanied by a 23 sworn oath by the candidate or the treasurer of the committee 24 stating that the candidate or committee has not previously 25 been fined for the late filing of a report as a candidate for 26 public office or as a committee and that there was no activity 27 during the reporting period. No activity shall mean that no 28 contributions were received or expenditures made during the 29 reporting period. 30 4. The reporting period shall follow the schedules 31 outlined in this section. 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 4. Section 106.29, Florida Statutes, is 2 amended to read: 3 106.29 Reports by political parties; restrictions on 4 contributions and expenditures; penalties assessment on 5 contributions.-- 6 (1) The state executive committee and each county 7 executive committee of each political party regulated by 8 chapter 103 shall file regular reports of all contributions 9 received and all expenditures made by such committee. Such 10 reports shall contain the same information as do reports 11 required of candidates by s. 106.07 and shall be filed on the 12 10th day following the end of each calendar quarter, except 13 that, during the period from the last day for candidate 14 qualifying until the general election, such reports shall be 15 filed on the Friday immediately preceding the first primary 16 election, the second primary election, and the general 17 election. Each state executive committee shall file the 18 original and one copy of its reports with the Division of 19 Elections. Each county executive committee shall file its 20 reports with the supervisor of elections in the county in 21 which such committee exists. Any state or county executive 22 committee political party failing to file a report on the 23 designated due date shall be subject to a fine as provided in 24 subsection (3) s. 106.07 for submitting late reports. No 25 separate fine shall be assessed for failure to file a copy of 26 any report required by this section. 27 (2) The chair and treasurer of each state or county 28 executive committee shall certify as to the correctness of 29 each report filed by them on behalf of such committee. Any 30 committee chair or treasurer who certifies the correctness of 31 any report while knowing that such report is incorrect, false, 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 or incomplete commits is guilty of a felony of the third 2 degree, punishable as provided in s. 775.082, s. 775.083, or 3 s. 775.084. 4 (3)(a) Any state or county executive committee failing 5 to file a report on the designated due date shall be subject 6 to a fine as provided in paragraph (b) for each late day. The 7 fine shall be assessed by the filing officer and the moneys 8 collected shall be deposited in the Elections Commission Trust 9 Fund. 10 (b) Upon determining that a report is late, the filing 11 officer shall immediately notify the chair of the executive 12 committee as to the failure to file a report by the designated 13 due date and that a fine is being assessed for each late day. 14 The fine shall be $50,000 per day for each late day, not to 15 exceed 25 percent of the total receipts or expenditures, 16 whichever is greater, for the period covered by the late 17 report. Upon receipt of the report, the filing officer shall 18 determine the amount of the fine which is due and shall notify 19 the chair. The filing officer shall determine the amount of 20 the fine due based upon the earliest of the following: 21 1. When the report is actually received by such 22 officer. 23 2. When the report is postmarked. 24 3. When the certificate of mailing is dated. 25 4. When the receipt from an established courier 26 company is dated. 27 28 Such fine shall be paid to the filing officer within 20 days 29 after receipt of the notice of payment due, unless appeal is 30 made to the Florida Elections Commission pursuant to paragraph 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (c). An officer or member of an executive committee shall not 2 be personally liable for such fine. 3 (c) The chair of an executive committee may appeal or 4 dispute the fine, based upon unusual circumstances surrounding 5 the failure to file on the designated due date, and may 6 request and shall be entitled to a hearing before the Florida 7 Elections Commission, which shall have the authority to waive 8 the fine in whole or in part. Any such request shall be made 9 within 20 days after receipt of the notice of payment due. In 10 such case, the chair of the executive committee shall, within 11 the 20-day period, notify the filing officer in writing of his 12 or her intention to bring the matter before the commission. 13 (d) The appropriate filing officer shall notify the 14 Florida Elections Commission of the repeated late filing by an 15 executive committee, the failure of an executive committee to 16 file a report after notice, or the failure to pay the fine 17 imposed. 18 (4)(3) Any contribution received by a state or county 19 executive committee less than 5 days before an election shall 20 not be used or expended in behalf of any candidate, issue, or 21 political party participating in such election. 22 (5)(4) No state or county executive committee, in the 23 furtherance of any candidate or political party, directly or 24 indirectly, shall give, pay, or expend any money, give or pay 25 anything of value, authorize any expenditure, or become 26 pecuniarily liable for any expenditure prohibited by this 27 chapter. However, the contribution of funds by one executive 28 committee to another, or to established party organizations 29 for legitimate party or campaign purposes, or to individual 30 candidates of that party in general elections in amounts 31 exceeding those set forth in s. 106.08 is not prohibited, but 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 all such contributions shall be recorded and accounted for in 2 the reports of the contributor and recipient. 3 (6)(a) The national, state, and county executive 4 committees of a political party may not contribute to any 5 candidate any amount in excess of the limits contained in s. 6 106.08(2), and all contributions required to be reported under 7 s. 106.08(2) by the national executive committee of a 8 political party shall be reported by the state executive 9 committee of that political party. 10 (b) A violation of the contribution limits contained 11 in s. 106.08(2) is a felony of the third degree, punishable as 12 provided in s. 775.082, s. 775.083, or s. 775.084, and the 13 chair or treasurer of any executive committee found in 14 violation thereof, whichever authorized the illegal 15 contribution, shall be held personally accountable. In 16 addition to any criminal penalty imposed, a civil penalty 17 equal to three times the amount involved in the illegal 18 contribution shall be assessed against any executive committee 19 found in violation thereof. 20 Section 5. Subsection (3) of section 106.021, Florida 21 Statutes, is amended to read: 22 106.021 Campaign treasurers; deputies; primary and 23 secondary depositories.-- 24 (3) Except for independent expenditures, no 25 contribution or expenditure, including contributions or 26 expenditures of a candidate or of the candidate's family, 27 shall be directly or indirectly made or received in 28 furtherance of the candidacy of any person for nomination or 29 election to political office in the state or on behalf of any 30 political committee except through the duly appointed campaign 31 treasurer of the candidate or political committee. However, 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 expenditures may be made directly by any political committee 2 or political party regulated by chapter 103 for obtaining 3 time, space, or services in or by any communications medium 4 for the purpose of jointly endorsing three six or more 5 candidates, and any such expenditure shall not be considered a 6 contribution or expenditure to or on behalf of any such 7 candidates for the purposes of this chapter. 8 Section 6. Subsection (1) of section 99.092, Florida 9 Statutes, is amended to read: 10 99.092 Qualifying fee of candidate; notification of 11 Department of State.-- 12 (1) Each person seeking to qualify for nomination or 13 election to any office, except a person seeking to qualify 14 pursuant to s. 99.095 and except a person seeking to qualify 15 as a write-in candidate, shall pay a qualifying fee, which 16 shall consist of a filing fee and election assessment, to the 17 officer with whom the person qualifies, and any party 18 assessment levied, and shall attach the original or signed 19 duplicate of the receipt for his or her party assessment or 20 pay the same, in accordance with the provisions of s. 103.121, 21 at the time of filing his or her other qualifying papers. The 22 amount of the filing fee is 3 4.5 percent of the annual salary 23 of the office. The amount of the filing fee equal to 1.5 24 percent of the annual salary of the office shall be 25 transferred to the Election Campaign Financing Trust Fund. The 26 remainder shall be distributed pursuant to s. 99.103. The 27 amount of the election assessment is 1 percent of the annual 28 salary of the office sought. The election assessment shall be 29 deposited into the Elections Commission Trust Fund. The 30 amount of the party assessment is 2 percent of the annual 31 salary. The annual salary of the office for purposes of 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 computing the filing fee, election assessment, and party 2 assessment shall be computed by multiplying 12 times the 3 monthly salary, excluding any special qualification pay, 4 authorized for such office as of July 1 immediately preceding 5 the first day of qualifying. No qualifying fee shall be 6 returned to the candidate unless the candidate withdraws his 7 or her candidacy before the last date to qualify. If a 8 candidate dies prior to an election and has not withdrawn his 9 or her candidacy before the last date to qualify, the 10 candidate's qualifying fee shall be returned to his or her 11 designated beneficiary, and, if the filing fee or any portion 12 thereof has been transferred to the political party of the 13 candidate, the Secretary of State shall direct the party to 14 return that portion to the designated beneficiary of the 15 candidate. 16 Section 7. Subsection (1) of section 99.093, Florida 17 Statutes, is amended to read: 18 99.093 Municipal candidates; election assessment.-- 19 (1) Each person seeking to qualify for nomination or 20 election to a municipal office shall pay, at the time of 21 qualifying for office, an election assessment. The election 22 assessment shall be an amount equal to 1 1.5 percent of the 23 annual salary of the office sought. Within 30 days after the 24 close of qualifying, the qualifying officer shall forward all 25 assessments two-thirds of the amount collected pursuant to 26 this section to the Department of State for deposit in the 27 Elections Commission Trust Fund and one-third of the amount 28 collected pursuant to this section shall be transferred to the 29 Election Campaign Financing Trust Fund. 30 Section 8. Subsection (3) of section 105.031, Florida 31 Statutes, is amended to read: 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 105.031 Qualification; filing fee; candidate's oath; 2 items required to be filed.-- 3 (3) QUALIFYING FEE.--Each candidate qualifying for 4 election to judicial office, except write-in judicial 5 candidates, shall, during the time for qualifying, pay to the 6 officer with whom he or she qualifies a qualifying fee, which 7 shall consist of a filing fee and an election assessment, or 8 qualify by the alternative method. The amount of the filing 9 fee is 3 4.5 percent of the annual salary of the office 10 sought. The amount of the election assessment is 1 percent of 11 the annual salary of the office sought. The qualifying 12 officer shall forward all filing fees to the Department of 13 Revenue for deposit in the General Revenue Fund. One-third of 14 all filing fees deposited into the General Revenue Fund shall 15 be subsequently transferred to the Election Campaign Financing 16 Trust Fund. The election assessment shall be deposited into 17 the Elections Commission Trust Fund. The annual salary of the 18 office for purposes of computing the qualifying fee shall be 19 computed by multiplying 12 times the monthly salary authorized 20 for such office as of July 1 immediately preceding the first 21 day of qualifying. This subsection shall not apply to 22 candidates qualifying for retention to judicial office. 23 Section 9. Section 99.103, Florida Statutes, is 24 amended to read: 25 99.103 Department of State to remit part of filing 26 fees and party assessments of candidates to state executive 27 committee.-- 28 (1) If more than three-fourths of the full authorized 29 membership of the state executive committee of any party was 30 elected at the last previous election for such members and if 31 such party is declared by the Department of State to have 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 recorded on the registration books of the counties, as of the 2 first Tuesday after the first Monday in January prior to the 3 first primary in general election years, 5 percent of the 4 total registration of such counties when added together, such 5 committee shall receive, for the purpose of meeting its 6 expenses, all filing fees collected by the Department of State 7 from its candidates less the amount transferred to the 8 Election Campaign Financing Trust Fund pursuant to s. 99.092 9 and an amount equal to 15 percent of the filing fees after 10 such transfer, which amount the Department of State shall 11 deposit in the General Revenue Fund of the state. 12 (2) Not later than 20 days after the close of 13 qualifying in even-numbered years, the Department of State 14 shall remit 95 percent of all filing fees, less the amount 15 transferred to the Election Campaign Financing Trust Fund 16 pursuant to s. 99.092 and the amount deposited in general 17 revenue pursuant to subsection (1), or party assessments that 18 may have been collected by the department to the respective 19 state executive committees of the parties complying with 20 subsection (1). Party assessments collected by the Department 21 of State shall be remitted to the appropriate state executive 22 committee, irrespective of other requirements of this section, 23 provided such committee is duly organized under the provisions 24 of chapter 103. The remainder of filing fees or party 25 assessments collected by the Department of State shall be 26 remitted to the appropriate state executive committees not 27 later than the date of the first primary. 28 Section 10. Section 106.141, Florida Statutes, is 29 amended to read: 30 106.141 Disposition of surplus funds by candidates.-- 31 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1) Each candidate who withdraws his or her candidacy, 2 becomes an unopposed candidate, or is eliminated as a 3 candidate or elected to office shall, within 90 days, dispose 4 of the funds on deposit in his or her campaign account and 5 file a report reflecting the disposition of all remaining 6 funds. Such candidate shall not accept any contributions, nor 7 shall any person accept contributions on behalf of such 8 candidate, after the candidate withdraws his or her candidacy, 9 becomes unopposed, or is eliminated or elected. However, if a 10 candidate receives a refund check after all surplus funds have 11 been disposed of, the check may be endorsed by the candidate 12 and the refund disposed of under this section. An amended 13 report must be filed showing the refund and subsequent 14 disposition. 15 (2) Any candidate required to dispose of funds 16 pursuant to this section may, prior to such disposition, be 17 reimbursed by the campaign, in full or in part, for any 18 reported contributions by the candidate to the campaign. 19 (3) The campaign treasurer of a candidate who 20 withdraws his or her candidacy, becomes who has been 21 eliminated as a candidate, who has become unopposed, or is 22 eliminated as a candidate or who has been elected to office 23 and who has funds on deposit in a separate interest-bearing 24 account or certificate of deposit shall, within 7 days after 25 of the date of becoming unopposed or the date of such 26 withdrawal, elimination, or election, transfer such funds and 27 the accumulated interest earned thereon to the campaign 28 account of the candidate for disposal under in accordance with 29 the provisions of this section. However, if the when funds 30 are in an account in which penalties will apply for withdrawal 31 within the 7-day period, the campaign treasurer shall transfer 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 such funds and the accumulated interest earned thereon as soon 2 as the funds can be withdrawn without penalty, or within 90 3 days after the candidate becomes unopposed, withdraws his or 4 her candidacy, or is eliminated or elected, whichever comes 5 first. 6 (4)(a) Except as provided in paragraph (b), any 7 candidate required to dispose of funds pursuant to this 8 section shall, at the option of the candidate, dispose of such 9 funds by any of the following means, or any combination 10 thereof: 11 1. Return pro rata to each contributor the funds that 12 which have not been spent, or have not been obligated to be 13 spent, with respect to a campaign which has been conducted. 14 2. Donate the funds that which have not been spent or 15 have not been obligated to be spent to a charitable charity 16 organization or organizations that which meet the 17 qualifications of s. 501(c)(3) of the Internal Revenue Code, 18 with respect to a campaign which has been conducted. 19 3. Give the funds that which have not been spent or 20 have not been obligated to be spent to the political party of 21 which such candidate is a registered member. 22 4. Give the funds that which have not been spent, or 23 have not been obligated to be spent, with respect to a 24 campaign which has been conducted: 25 a. In the case of a candidate for state office, to the 26 state, to be deposited in either the Election Campaign 27 Financing Trust Fund or the General Revenue Fund, as 28 designated by the candidate; or 29 b. In the case of a candidate for an office of a 30 political subdivision, to such political subdivision, to be 31 deposited in the general fund thereof. 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (b) Any candidate required to dispose of funds 2 pursuant to this section who has received contributions from 3 the Election Campaign Financing Trust Fund shall return all 4 surplus campaign funds to the Election Campaign Financing 5 Trust Fund. 6 (5) A candidate elected to office or a candidate who 7 will be elected to office by virtue of his or her being 8 unopposed may, in addition to the disposition methods provided 9 in subsection (4), transfer from the campaign account to an 10 office account any amount of the funds on deposit in such 11 campaign account up to: 12 (a) $10,000, for a candidate for statewide office. 13 The Governor and Lieutenant Governor shall be considered 14 separate candidates for the purpose of this section. 15 (b) $5,000, for a candidate for multicounty office. 16 (c) $2,500 multiplied by the number of years in the 17 term of office for which elected, for a candidate for 18 legislative office. 19 (d) $1,000 multiplied by the number of years in the 20 term of office for which elected, for a candidate for county 21 office or for a candidate in any election conducted on less 22 than a countywide basis. 23 (e) $6,000, for a candidate for retention as a justice 24 of the Supreme Court. 25 (f) $3,000, for a candidate for retention as a judge 26 of a district court of appeal. 27 (g) $1,500, for a candidate for county court judge or 28 circuit judge. 29 30 The office account established pursuant to this subsection 31 shall be separate from any personal or other account. Any 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 funds so transferred by a candidate shall be used only for 2 legitimate expenses in connection with the candidate's public 3 office. Such expenses may include travel expenses incurred by 4 the officer or a staff member or expenses incurred in the 5 operation of his or her office, including the employment of 6 additional staff. The funds may be deposited in a savings 7 account; however, all deposits, withdrawals, and interest 8 earned thereon shall be reported at the appropriate reporting 9 period. If a candidate is reelected to office or elected to 10 another office and has funds remaining in his or her office 11 account, he or she may transfer surplus campaign funds to the 12 office account. At no time may the funds in the office 13 account exceed the limitation imposed by this subsection. 14 Upon leaving public office, any person who has funds in an 15 office account pursuant to this subsection remaining on 16 deposit shall give such funds to a charitable organization or 17 organizations which meet the requirements of s. 501(c)(3) of 18 the Internal Revenue Code or, in the case of a state officer, 19 to the state to be deposited in the General Revenue Fund or, 20 in the case of an officer of a political subdivision, to the 21 political subdivision to be deposited in the general fund 22 thereof. 23 (6) Prior to disposing of funds pursuant to subsection 24 (4) or transferring funds into an office account pursuant to 25 subsection (5), any candidate who filed an oath stating that 26 he or she was unable to pay the election assessment or fee for 27 verification of petition signatures without imposing an undue 28 burden on his or her personal resources or on resources 29 otherwise available to him or her, or who filed both such 30 oaths, or who qualified by the alternative method and was not 31 required to pay an election assessment, shall reimburse the 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 state or local governmental entity, whichever is applicable, 2 for such waived assessment or fee or both. Such reimbursement 3 shall be made first for the cost of petition verification and 4 then, if funds are remaining, for the amount of the election 5 assessment. If there are insufficient funds in the account to 6 pay the full amount of either the assessment or the fee or 7 both, the remaining funds shall be disbursed in the above 8 manner until no funds remain. All funds disbursed pursuant to 9 this subsection shall be remitted to the qualifying officer. 10 Any reimbursement for petition verification costs which are 11 reimbursable by the state shall be forwarded by the qualifying 12 officer to the state for deposit in the General Revenue Fund. 13 All reimbursements for the amount of the election assessment 14 shall be forwarded by the qualifying officer to the Department 15 of State for deposit in the Elections Commission Trust Fund. 16 (7) Any candidate required to dispose of campaign 17 funds pursuant to this section shall do so within the time 18 required by this section and shall, on or before the date by 19 which such disposition is to have been made, file with the 20 officer with whom reports are required to be filed pursuant to 21 s. 106.07 a form prescribed by the Division of Elections 22 listing: 23 (a) The name and address of each person or unit of 24 government to whom any of the funds were distributed and the 25 amounts thereof; 26 (b) The name and address of each person to whom an 27 expenditure was made, together with the amount thereof and 28 purpose therefor; and 29 (c) The amount of such funds transferred to an office 30 account by the candidate, together with the name and address 31 of the bank in which the office account is located. 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 2 Such report shall be signed by the candidate and the campaign 3 treasurer and certified as true and correct pursuant to s. 4 106.07. Any candidate failing to file a report on the 5 designated due date shall be subject to a fine as provided in 6 s. 106.07 for submitting late reports. 7 (8) Any candidate elected to office who transfers 8 surplus campaign funds into an office account pursuant to 9 subsection (5) shall file a report on the 10th day following 10 the end of each calendar quarter until the account is closed. 11 Such reports shall contain the name and address of each person 12 to whom any disbursement of funds was made, together with the 13 amount thereof and the purpose therefor, and the name and 14 address of any person from whom the elected candidate received 15 any refund or reimbursement and the amount thereof. Such 16 reports shall be on forms prescribed by the Division of 17 Elections, signed by the elected candidate, certified as true 18 and correct, and filed with the officer with whom campaign 19 reports were filed pursuant to s. 106.07(2). 20 (9) Any candidate, or any person on behalf of a 21 candidate, who accepts contributions after such candidate has 22 withdrawn his or her candidacy, after the candidate has become 23 an unopposed candidate, or after the candidate has been 24 eliminated as a candidate or elected to office commits is 25 guilty of a misdemeanor of the first degree, punishable as 26 provided in s. 775.082 or s. 775.083. 27 (10) Any candidate who is required by the provisions 28 of this section to dispose of funds in his or her campaign 29 account and who fails to dispose of the funds in the manner 30 provided in this section commits is guilty of a misdemeanor of 31 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 the first degree, punishable as provided in s. 775.082 or s. 2 775.083. 3 Section 11. Effective January 1, 1999, subsection (4) 4 of section 106.141, Florida Statutes, as amended by this act, 5 is amended to read: 6 106.141 Disposition of surplus funds by candidates.-- 7 (4)(a) Except as provided in paragraph (b), any 8 candidate required to dispose of funds pursuant to this 9 section shall, at the option of the candidate, dispose of such 10 funds by any of the following means, or any combination 11 thereof: 12 1. Return pro rata to each contributor the funds that 13 have not been spent or obligated. 14 2. Donate the funds that have not been spent or 15 obligated to a charitable organization or organizations that 16 meet the qualifications of s. 501(c)(3) of the Internal 17 Revenue Code. 18 3. Give not more than $10,000 of the funds that have 19 not been spent or obligated to the political party of which 20 such candidate is a member. 21 4. Give the funds that have not been spent or 22 obligated: 23 a. In the case of a candidate for state office, to the 24 state, to be deposited in either the Election Campaign 25 Financing Trust Fund or the General Revenue Fund, as 26 designated by the candidate; or 27 b. In the case of a candidate for an office of a 28 political subdivision, to such political subdivision, to be 29 deposited in the general fund thereof. 30 (b) Any candidate required to dispose of funds 31 pursuant to this section who has received contributions from 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 the Election Campaign Financing Trust Fund shall return all 2 surplus campaign funds to the Election Campaign Financing 3 Trust Fund. 4 Section 12. Section 106.143, Florida Statutes, is 5 amended to read: 6 106.143 Political advertisements circulated prior to 7 election; requirements.-- 8 (1) Any political advertisement and any campaign 9 literature published, displayed, or circulated prior to, or on 10 the day of, any election shall: 11 (a) Be marked "paid political advertisement" or with 12 the abbreviation "pd. pol. adv." 13 (b) Identify the persons or organizations sponsoring 14 the advertisement. 15 (c)1.a. State whether the advertisement and the cost 16 of production is paid for or provided in kind by or at the 17 expense of the entity publishing, displaying, broadcasting, or 18 circulating the political advertisement; or 19 b. State who provided or paid for the advertisement 20 and cost of production, if different from the source of 21 sponsorship. 22 2. This paragraph shall not apply if the source of the 23 sponsorship is patently clear from the content or format of 24 the political advertisement or campaign literature. 25 26 This subsection does not apply to campaign messages used by a 27 candidate and the candidate's his or her supporters if those 28 which messages are designed to be worn by a person. 29 (2) Any political advertisement of a candidate running 30 for partisan office in any election shall express the name of 31 the political party of which the candidate is seeking 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 nomination or is the nominee. If the candidate for partisan 2 office is running as an independent candidate, any political 3 advertisement of the candidate must state that the candidate 4 is an independent candidate. Any political advertisement 5 endorsing the candidate shall expressly state whether the 6 permission of the candidate has been obtained to advertise 7 such endorsement. 8 (3) It is unlawful for any candidate or person on 9 behalf of a candidate to represent that any person or 10 organization supports such candidate, unless the person or 11 organization so represented has given specific approval in 12 writing to the candidate to make such representation. 13 However, this subsection section does not apply to: 14 (a) Editorial endorsement by any newspaper, radio or 15 television station, or other recognized news medium. 16 (b) Publication by a party committee advocating the 17 candidacy of its nominees. 18 (4)(a) Any political advertisement, other than an 19 independent expenditure, offered by or on behalf of a 20 candidate must be approved in advance by the candidate. Such 21 political advertisement must expressly state that the content 22 of the advertisement was approved by the candidate and must 23 state who paid for the advertisement. The candidate shall 24 provide a written statement of authorization to the newspaper, 25 radio station, television station, or other medium for each 26 such advertisement submitted for publication, display, 27 broadcast, or other distribution. 28 (b) Any person who makes an independent expenditure 29 for a political advertisement shall provide a written 30 statement that no candidate has approved the advertisement to 31 the newspaper, radio station, television station, or other 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 medium for each such advertisement submitted for publication, 2 display, broadcast, or other distribution. The advertisement 3 must also contain a statement that no candidate has approved 4 the advertisement. 5 (c) Any political advertisement that supports or 6 opposes a candidate and is paid for by a political party must 7 expressly state that the content of the advertisement was or 8 was not approved by the candidate it was intended to benefit. 9 In any proceeding before the elections commission between a 10 candidate and the candidate's political party concerning a 11 candidate's approval of a political advertisement, the 12 political party bears the burden of proof regarding the 13 approval. 14 (d) This subsection does not apply to campaign 15 messages used by a candidate and his or her supporters if 16 those messages are designed to be worn by a person. 17 (5)(4) No political advertisement of a candidate who 18 is not an incumbent of the office for which the candidate he 19 or she is running shall use the word "re-elect." Additionally, 20 such advertisement must include the word "for" between the 21 candidate's name and the office for which the candidate he or 22 she is running, in order that incumbency is not implied. This 23 subsection does not apply to bumper stickers or items designed 24 to be worn by a person. 25 (6)(5) This section does shall not apply to novelty 26 items having a retail of nominal value of $10 or less which 27 support, but do not oppose, a candidate or issue. 28 (7)(6) Any political advertisement which is published, 29 displayed, or produced in a language other than English may 30 provide the information required by this section in the 31 language used in the advertisement. 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (8)(7) Any person who willfully violates any provision 2 the provisions of this section is subject to the civil 3 penalties prescribed in s. 106.265. 4 Section 13. Section 106.147, Florida Statutes, is 5 created to read: 6 106.147 Telephone solicitation; disclosure 7 requirements; prohibitions; exemption; penalties.-- 8 (1)(a) A telephone call supporting or opposing any 9 candidate or elected public official must identify each person 10 or organization sponsoring the call by stating: "This call is 11 paid for by ...(insert name of each person or organization 12 sponsoring the call)...." If the expenditure for the 13 telephone call is a contribution to a candidate, the name of 14 the candidate and the office sought must also be identified. 15 (b) A telephone call conducted for the purpose of 16 polling respondents concerning any candidate or elected public 17 official which exceeds 3 minutes in duration and which is part 18 of a series of like telephone calls that consists of fewer 19 than 1,000 completed calls is presumed to be a political poll 20 and not subject to the provisions of paragraph (a). 21 (2)(a) A telephone call supporting or opposing any 22 candidate or elected public official may not state or imply 23 that the caller represents any person or organization unless 24 the person or organization so represented has given specific 25 approval in writing to make such representation. 26 (b) A telephone call supporting or opposing any 27 candidate or elected public official may not state or imply 28 that the caller represents a nonexistent person or 29 organization. 30 31 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (3)(a) Any person who willfully violates any provision 2 of this section commits a misdemeanor of the first degree, 3 punishable as provided in s. 775.082 or s. 775.083. 4 (b) For purposes of paragraph (a), the term "person" 5 includes any candidate; any officer of any political 6 committee, committee of continuous existence, or political 7 party executive committee; any officer, partner, attorney, or 8 other representative of a corporation, partnership, or other 9 business entity; and any agent or other person acting on 10 behalf of any candidate, political committee, committee of 11 continuous existence, political party executive committee, or 12 corporation, partnership, or other business entity. 13 Section 14. Section 106.148, Florida Statutes, is 14 created to read: 15 106.148 Disclosure of online computer solicitation.--A 16 message placed on an information system accessible by computer 17 by a candidate, political party, political committee, or 18 committee of continuous existence, or an agent of any such 19 candidate, party, or committee, must include a statement 20 disclosing all information required of political 21 advertisements under s. 106.143. 22 Section 15. Section 99.097, Florida Statutes, is 23 amended to read: 24 99.097 Verification of signatures on petitions.-- 25 (1) As determined by each supervisor, based upon local 26 conditions, the checking of names on petitions may be based on 27 the most inexpensive and administratively feasible of either 28 of the following methods of verification: 29 (a) A name-by-name, signature-by-signature check of 30 the number of authorized signatures on the petitions; or 31 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (b) A check of a random sample, as provided by the 2 Department of State, of names and signatures on the petitions. 3 The sample must be such that a determination can be made as to 4 whether or not the required number of signatures have been 5 obtained with a reliability of at least 99.5 percent. Rules 6 and guidelines for this method of petition verification shall 7 be promulgated by the Department of State, which may include a 8 requirement that petitions bear an additional number of names 9 and signatures, not to exceed 15 percent of the names and 10 signatures otherwise required. If the petitions do not meet 11 such criteria, then the use of the verification method 12 described in this paragraph shall not be available to 13 supervisors. 14 (2) When a petitioner submits petitions which contain 15 at least 15 percent more than the required number of 16 signatures, the petitioner may require that the supervisor of 17 elections use the random sampling verification method in 18 certifying the petition. 19 (3)(a) A name on a petition, which name is not in 20 substantially the same form as a name on the voter 21 registration books, shall be counted as a valid signature if, 22 after comparing the signature on the petition with the 23 signature of the alleged signer as shown on the registration 24 books, the supervisor determines that the person signing the 25 petition and the person who registered to vote are one and the 26 same. In any situation in which this code requires the form 27 of the petition to be prescribed by the division Department of 28 State, no signature shall be counted toward the number of 29 signatures required unless it is on a petition form prescribed 30 by the division Department of State. 31 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (b) If a voter signs a petition and lists an address 2 other than the legal residence where the voter is registered, 3 the supervisor shall treat the signature as if the voter had 4 listed the address where the voter is registered. 5 (4) The supervisor shall be paid in advance the sum of 6 10 cents for each signature checked or the actual cost of 7 checking such signature, whichever is less, by the candidate, 8 minor party, or person authorized by such minor party 9 submitting the petition or, in the case of a petition to have 10 an issue placed on the ballot, by the person or organization 11 submitting the petition. However, if a candidate, person, or 12 organization seeking to have an issue placed upon the ballot 13 cannot pay such charges without imposing an undue burden on 14 personal resources or upon the resources otherwise available 15 to such candidate, person, or organization, such candidate, 16 person, or organization shall, upon written certification of 17 such inability given under oath to the supervisor, be entitled 18 to have the signatures verified at no charge. However, an oath 19 in lieu of payment of the charges shall not be allowed to 20 verify the signatures on a petition to obtain ballot position 21 for a minor party. In the event a candidate, person, or 22 organization submitting a petition to have an issue placed 23 upon the ballot is entitled to have the signatures verified at 24 no charge, the supervisor of elections of each county in which 25 the signatures are verified at no charge shall submit the 26 total number of such signatures checked in the county to the 27 Comptroller no later than December 1 of the general election 28 year, and the Comptroller shall cause such supervisor of 29 elections to be reimbursed from the General Revenue Fund in an 30 amount equal to 10 cents for each name checked or the actual 31 cost of checking such signatures, whichever is less. In no 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 event shall such reimbursement of costs be deemed or applied 2 as extra compensation for the supervisor. Petitions shall be 3 retained by the supervisors for a period of 1 year following 4 the election for which the petitions were circulated. 5 (5) The results of a verification pursuant to 6 paragraph (1)(b) may be contested in the circuit court by the 7 candidate; an announced opponent; a representative of a 8 designated political committee; or a person, party, or other 9 organization submitting the petition. The contestant shall 10 file a complaint, together with the fees prescribed in chapter 11 28, with the clerk of the circuit court in the county in which 12 the petition is certified or in Leon County if the petition 13 covers more than one county within 10 days after midnight of 14 the date the petition is certified; and the complaint shall 15 set forth the grounds on which the contestant intends to 16 establish his or her right to require a complete check of the 17 names and signatures pursuant to paragraph (1)(a). In the 18 event the court orders a complete check of the petition and 19 the result is not changed as to the success or lack of success 20 of the petitioner in obtaining the requisite number of valid 21 signatures, then such candidate, unless the candidate has 22 filed the oath stating that he or she is unable to pay such 23 charges; announced opponent; representative of a designated 24 political committee; or party, person, or organization 25 submitting the petition, unless such person or organization 26 has filed the oath stating inability to pay such charges, 27 shall pay to the supervisor of elections of each affected 28 county for the complete check an amount calculated at the rate 29 of 10 cents for each additional signature checked or the 30 actual cost of checking such additional signatures, whichever 31 is less. 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 16. Section 100.371, Florida Statutes, is 2 amended to read: 3 100.371 Initiatives; procedure for placement on 4 ballot.-- 5 (1)(a) The sponsor of a constitutional amendment 6 proposed by initiative must register as a political committee 7 under s. 106.03 prior to taking or initiating any action with 8 respect to that amendment. 9 (b)(3) After registering as a political committee, the 10 sponsor of a constitutional an initiative amendment proposed 11 by initiative shall, prior to obtaining any signatures, 12 register as a political committee pursuant to s. 106.03 and 13 submit the text of the proposed initiative amendment and the 14 petition format to the division for Secretary of State, with 15 the form on which the signatures will be affixed, and shall 16 obtain the approval of the Secretary of State of such form. 17 The division Secretary of State shall promulgate rules 18 pursuant to s. 120.54 prescribing the style and requirements 19 of petition formats such form. 20 (2)(a) If the sponsor of a proposed initiative 21 amendment intends to employ or contract with any person to 22 gather voter signatures, the sponsor must, before employing or 23 contracting with such person, file an affidavit with the 24 division, the form of which shall be prepared by the division, 25 giving notice of the intended use of paid petition 26 circulators. 27 (b) A sponsor of a proposed initiative amendment who 28 uses paid petition circulators shall provide to the division 29 the name and address of each individual paid to gather 30 petition signatures. Such information shall be filed at the 31 time reports are filed pursuant to s. 106.07. 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (c) Each paid petition circulator must place his or 2 her name and address on each petition form for which he or she 3 is gathering signatures on behalf of the sponsor of the 4 proposed initiative amendment. The sponsor of a proposed 5 initiative amendment is responsible for ensuring that the name 6 and address of the paid circulator appear on the petition form 7 prior to its submission to the supervisor for verification. 8 (d) A sponsor of a proposed initiative amendment who 9 uses paid petition circulators may not file an oath of undue 10 burden in lieu of paying the fee required by s. 99.097 for the 11 verification of signatures gathered. 12 (3)(4) No later than 5 p.m. on the 151st day prior to 13 the general election at which the proposed initiative 14 amendment is to be voted on for a name-by-name, 15 signature-by-signature verification and no later than 5 p.m. 16 on the 121st day prior to the general election at which the 17 proposed initiative amendment is to be voted on for a 18 random-sampling verification, the sponsor shall submit signed 19 and dated petition forms for that petition to each the 20 appropriate supervisor of elections for verification as to the 21 number of voters registered electors whose valid signatures 22 appear thereon. Each signature shall be dated when made and 23 shall be valid for a period of 4 years following such date, 24 provided all other requirements of law are complied with. The 25 supervisor shall promptly verify the signatures upon payment 26 of the fee or filing of the oath of undue burden required by 27 s. 99.097. Upon completion of verification, which shall occur 28 no later than the 91st day prior to the general election, the 29 supervisor shall execute a certificate indicating the total 30 number of signatures checked, the number of signatures 31 verified as valid and as being of registered electors, and the 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 distribution of signatures by congressional district. This 2 certificate shall be immediately transmitted to the division 3 Secretary of State. The supervisor shall retain the signed 4 and dated petition signature forms for at least 1 year 5 following the election in which the proposed initiative 6 amendment issue appeared on the ballot or until the division 7 of Elections notifies the supervisors of elections that the 8 committee which circulated the petition is no longer seeking 9 to obtain ballot position. 10 (4)(5) The division Secretary of State shall determine 11 from the verification certificates received from the 12 supervisors of elections the total number of verified valid 13 signatures and the distribution of such signatures by 14 congressional district districts. Upon a determination that 15 the requisite number and distribution of valid signatures have 16 been obtained, the division secretary shall issue a 17 certificate of ballot position for that proposed initiative 18 amendment and shall assign a designating number pursuant to s. 19 101.161. A petition is considered shall be deemed to be filed 20 with the Secretary of State upon the date of the receipt by 21 the division secretary of a certificate or certificates from 22 the supervisors of elections indicating that the petition has 23 been signed by the constitutionally required number of voters 24 electors. 25 (5)(1) Constitutional amendments proposed by 26 initiative shall be placed on the ballot for the next general 27 election held more than occurring in excess of 90 days after 28 from the certification of ballot position by the division 29 Secretary of State. 30 31 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (6) The division may Department of State shall have 2 the authority to promulgate rules in accordance with s. 120.54 3 to carry out the provisions of this section. 4 (2) Such certification shall be issued when the 5 Secretary of State has received verification certificates from 6 the supervisors of elections indicating that the requisite 7 number and distribution of valid signatures of electors have 8 been submitted to and verified by the supervisors. Every 9 signature shall be dated when made and shall be valid for a 10 period of 4 years following such date, provided all other 11 requirements of law are complied with. 12 Section 17. Section 104.185, Florida Statutes, is 13 amended to read: 14 104.185 Petitions; knowingly signing a petition more 15 than once; signing another person's name or a fictitious 16 name.-- 17 (1) A It is unlawful for any person who knowingly 18 signs to sign a petition or petitions for a particular issue 19 or candidate, a minor political party, or an issue more than 20 one time commits. Any person violating the provisions of this 21 section shall, upon conviction, be guilty of a misdemeanor of 22 the first degree, punishable as provided in s. 775.082 or s. 23 775.083. 24 (2) A person who signs another person's name or a 25 fictitious name to any petition to secure ballot position for 26 a candidate, a minor political party, or an issue commits a 27 misdemeanor of the first degree, punishable as provided in s. 28 775.082 or s. 775.083. 29 Section 18. Subsection (3) is added to section 106.19, 30 Florida Statutes, to read: 31 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 106.19 Violations by candidates, persons connected 2 with campaigns, and political committees.-- 3 (3) A political committee sponsoring a constitutional 4 amendment proposed by initiative which submits a petition form 5 gathered by a paid petition circulator which does not provide 6 the name and address of the paid petition circulator on the 7 form is subject to the civil penalties prescribed in s. 8 106.265. 9 Section 19. Any signature gathered on an authorized 10 form for an initiative petition by a paid petition circulator 11 which has been submitted prior to the effective date of this 12 act may be kept and counted, if otherwise valid, and that form 13 is not required to have the name and address of the paid 14 petition circulator, nor is any such signature affected by the 15 prohibition against filing an undue burden oath in lieu of 16 paying the fee to have signatures verified, as provided by 17 this act. However, any signature gathered on or after the 18 effective date of this act is subject to the provisions of 19 this act and, if payment is made to any person to solicit 20 signatures after the effective date of this act, an undue 21 burden oath may not be filed in lieu of paying the fee to have 22 signatures verified. In addition, any initiative petition 23 form approved by the Secretary of State prior to the effective 24 date of this act may continue to be circulated. 25 Section 20. Sections 100.091 and 100.096, Florida 26 Statutes, are hereby repealed. 27 Section 21. Section 100.061, Florida Statutes, is 28 amended to read: 29 100.061 First Primary election.--In each year in which 30 a general election is held, a first primary election for 31 nomination of candidates of major political parties shall be 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 held on the Tuesday 8 9 weeks prior to the general election. 2 The Each candidate receiving the highest number a majority of 3 the votes cast in each contest in the first primary election 4 shall be declared nominated for such office. If two or more 5 persons receive an equal and highest number of votes for the 6 same office, such persons shall draw lots to determine who 7 shall receive the nomination. A second primary election shall 8 be held as provided by s. 100.091 in every contest in which a 9 candidate does not receive a majority. 10 Section 22. Section 10.1008, Florida Statutes, is 11 amended to read: 12 10.1008 Applicability.--This joint resolution applies 13 with respect to the qualification, nomination, and election of 14 members of the Legislature in the primary primaries and 15 general elections election to be held in 1992 and thereafter. 16 Section 23. Subsection (20) of section 97.021, Florida 17 Statutes, 1996 Supplement, is amended to read: 18 97.021 Definitions.--For the purposes of this code, 19 except where the context clearly indicates otherwise, the 20 term: 21 (20) "Primary election" means an election held 22 preceding the general election for the purpose of nominating a 23 party nominee to be voted for in the general election to fill 24 a national, state, county, or district office. The first 25 primary is a nomination or elimination election; the second 26 primary is a nominating election only. 27 Section 24. Subsection (1) of section 97.055, Florida 28 Statutes, is amended to read: 29 97.055 Registration books; when closed for an 30 election.-- 31 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1) The registration books must be closed on the 29th 2 day before each election and must remain closed until after 3 that election. If an election is called and there are fewer 4 than 29 days before that election, the registration books must 5 be closed immediately. When the registration books are closed 6 for an election, voter registration and party changes must be 7 accepted but only for the purpose of subsequent elections. 8 However, party changes received between the book-closing date 9 of the first primary election and the date of the second 10 primary election are not effective until after the second 11 primary election. 12 Section 25. Subsection (3) of section 97.071, Florida 13 Statutes, is amended to read: 14 97.071 Registration identification card.-- 15 (3) In the case of a change of name, address, or party 16 affiliation, the supervisor must issue the voter a new 17 registration identification card. However, a registration 18 identification card indicating a party affiliation change made 19 between the book-closing date for the first primary election 20 and the date of the second primary election may not be issued 21 until after the second primary election. 22 Section 26. Section 98.081, Florida Statutes, is 23 amended to read: 24 98.081 Names removed from registration books; 25 restrictions on reregistering; recordkeeping; restoration of 26 erroneously or illegally removed names.-- 27 (1) Any person who requested that his or her name be 28 removed from the registration books between the book-closing 29 date of the first primary and the date of the second primary 30 may not register in a different political party until after 31 the date of the second primary election. 49 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1)(2) When the name of any elector is removed from 2 the registration books pursuant to s. 98.065, s. 98.075, or s. 3 98.093, the elector's original registration form shall be 4 filed alphabetically in the office of the supervisor. As 5 alternatives, registrations removed from the registration 6 books may be microfilmed and such microfilms substituted for 7 the original registration forms; or, when voter registration 8 information, including the voter's signature, is maintained 9 digitally or on electronic, magnetic, or optic media, such 10 stored information may be substituted for the original 11 registration form. Such microfilms or stored information 12 shall be retained in the custody of the supervisor. In the 13 event the original registration forms are microfilmed or 14 maintained digitally or on electronic or other media, such 15 originals may be destroyed in accordance with the schedule 16 approved by the Bureau of Archives and Records Management of 17 the Division of Library and Information Services of the 18 department. 19 (2)(3) When the name of any elector has been 20 erroneously or illegally removed from the registration books, 21 the name of the elector shall be restored by the supervisor 22 upon satisfactory proof, even though the registration period 23 for that election is closed. 24 Section 27. Subsections (1), (2), and (8) of section 25 99.061, Florida Statutes, are amended to read: 26 99.061 Method of qualifying for nomination or election 27 to federal, state, county, or district office.-- 28 (1) The provisions of any special act to the contrary 29 notwithstanding, each person seeking to qualify for nomination 30 or election to a federal, state, or multicounty district 31 office, other than a judicial office as defined in chapter 50 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 105, shall file his or her qualification papers with, and pay 2 the qualifying fee, which shall consist of the filing fee and 3 election assessment, and party assessment, if any has been 4 levied, to, the Department of State, or qualify by the 5 alternative method with the Department of State, at any time 6 after noon of the 1st day for qualifying, which shall be as 7 follows: the 120th day prior to the first primary, but not 8 later than noon of the 116th day prior to the date of the 9 first primary, for persons seeking to qualify for nomination 10 or election to federal office; and noon of the 50th day prior 11 to the first primary, but not later than noon of the 46th day 12 prior to the date of the first primary, for persons seeking to 13 qualify for nomination or election to a state or multicounty 14 district office. However, the qualifying fee, if any, paid by 15 an independent candidate or a minor party candidate shall be 16 refunded to such candidate by the qualifying officer within 10 17 days from the date that the determination is made that such 18 candidate or minor party failed to obtain the required number 19 of signatures. 20 (2) The provisions of any special act to the contrary 21 notwithstanding, each person seeking to qualify for nomination 22 or election to a county office, or district or special 23 district office not covered by subsection (1), shall file his 24 or her qualification papers with, and pay the qualifying fee, 25 which shall consist of the filing fee and election assessment, 26 and party assessment, if any has been levied, to, the 27 supervisor of elections of the county, or shall qualify by the 28 alternative method with the supervisor of elections, at any 29 time after noon of the 1st day for qualifying, which shall be 30 the 50th day prior to the first primary or special district 31 election, but not later than noon of the 46th day prior to the 51 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 date of the first primary or special district election. When 2 However, if a special district election is held at the same 3 time as the second primary or general election, qualifying 4 also shall be the 50th day prior to the first primary, but not 5 later than noon of the 46th day prior to the date of the first 6 primary. Within 30 days after the closing of qualifying time, 7 the supervisor of elections shall remit to the secretary of 8 the state executive committee of the political party to which 9 the candidate belongs the amount of the filing fee, two-thirds 10 of which shall be used to promote the candidacy of candidates 11 for county offices and the candidacy of members of the 12 Legislature. 13 (8) Notwithstanding the qualifying period prescribed 14 by this section, in each year in which the Legislature 15 apportions the state, the qualifying period for persons 16 seeking to qualify for nomination or election to federal 17 office shall be between noon of the 57th day prior to the 18 first primary, but not later than noon of the 53rd day prior 19 to the first primary. 20 Section 28. Subsection (1) of section 99.095, Florida 21 Statutes, is amended to read: 22 99.095 Alternative method of qualifying.-- 23 (1) A person seeking to qualify for nomination to any 24 office may qualify to have his or her name placed on the 25 ballot for the first primary election by means of the 26 petitioning process prescribed in this section. A person 27 qualifying by this alternative method shall not be required to 28 pay the qualifying fee or party assessment required by this 29 chapter. A person using this petitioning process shall file 30 an oath with the officer before whom the candidate would 31 qualify for the office stating that he or she intends to 52 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 qualify by this alternative method for the office sought. If 2 the person is running for an office which will be grouped on 3 the ballot with two or more similar offices to be filled at 4 the same election, the candidate must indicate in his or her 5 oath for which group or district office he or she is running. 6 The oath shall be filed at any time after the first Tuesday 7 after the first Monday in January of the year in which the 8 first primary is held, but prior to the 21st day preceding the 9 first day of the qualifying period for the office sought. The 10 Department of State shall prescribe the form to be used in 11 administering and filing such oath. No signatures shall be 12 obtained by a candidate on any nominating petition until the 13 candidate has filed the oath required in this section. If the 14 person is running for an office which will be grouped on the 15 ballot with two or more similar offices to be filled at the 16 same election and the petition does not indicate the group or 17 district office for which the person is running, the 18 signatures obtained on such petition will not be counted. 19 Section 29. Section 99.103, Florida Statutes, is 20 amended to read: 21 99.103 Department of State to remit part of filing 22 fees and party assessments of candidates to state executive 23 committee.-- 24 (1) If more than three-fourths of the full authorized 25 membership of the state executive committee of any party was 26 elected at the last previous election for such members and if 27 such party is declared by the Department of State to have 28 recorded on the registration books of the counties, as of the 29 first Tuesday after the first Monday in January prior to the 30 first primary in general election years, 5 percent of the 31 total registration of such counties when added together, such 53 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 committee shall receive, for the purpose of meeting its 2 expenses, all filing fees collected by the Department of State 3 from its candidates less the amount transferred to the 4 Election Campaign Financing Trust Fund pursuant to s. 99.092 5 and an amount equal to 15 percent of the filing fees after 6 such transfer, which amount the Department of State shall 7 deposit in the General Revenue Fund of the state. 8 (2) Not later than 20 days after the close of 9 qualifying in even-numbered years, the Department of State 10 shall remit 95 percent of all filing fees, less the amount 11 transferred to the Election Campaign Financing Trust Fund 12 pursuant to s. 99.092 and the amount deposited in general 13 revenue pursuant to subsection (1), or party assessments that 14 may have been collected by the department to the respective 15 state executive committees of the parties complying with 16 subsection (1). Party assessments collected by the Department 17 of State shall be remitted to the appropriate state executive 18 committee, irrespective of other requirements of this section, 19 provided such committee is duly organized under the provisions 20 of chapter 103. The remainder of filing fees or party 21 assessments collected by the Department of State shall be 22 remitted to the appropriate state executive committees not 23 later than the date of the first primary. 24 Section 30. Subsection (2) of section 100.071, Florida 25 Statutes, is amended to read: 26 100.071 Grouping of candidates on primary ballots.-- 27 (2) Each nominee of a political party chosen in the 28 primary primaries shall appear on the general election ballot 29 in the same numbered group or district as on the primary 30 election ballot. 31 54 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 31. Section 100.081, Florida Statutes, is 2 amended to read: 3 100.081 Conducting a primary election elections; 4 nomination of county commissioners.--The primary election 5 elections shall provide for the nomination of county 6 commissioners by the qualified electors of such county at the 7 time and place set for voting on other county officers. 8 Section 32. Subsections (1) and (3) and paragraph (a) 9 of subsection (4) of section 100.111, Florida Statutes, are 10 amended to read: 11 100.111 Filling vacancy.-- 12 (1)(a) If any vacancy occurs in any office which is 13 required to be filled pursuant to s. 1(f), Art. IV of the 14 State Constitution and the remainder of the term of such 15 office is 28 months or longer, then at the next general 16 election a person shall be elected to fill the unexpired 17 portion of such term, commencing on the first Tuesday after 18 the first Monday following such general election. 19 (b) If such a vacancy occurs prior to the first day 20 set by law for qualifying for election to office at such 21 general election, any person seeking nomination or election to 22 the unexpired portion of the term shall qualify within the 23 time prescribed by law for qualifying for other offices to be 24 filled by election at such general election. 25 (c) If such a vacancy occurs prior to the first 26 primary election but on or after the first day set by law for 27 qualifying, the Secretary of State shall set dates for 28 qualifying for the unexpired portion of the term of such 29 office. Any person seeking nomination or election to the 30 unexpired portion of the term shall qualify within the time 31 set by the Secretary of State. If time does not permit party 55 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 nominations to be made in conjunction with the first and 2 second primary election elections, the Governor may call a 3 special primary election, and, if necessary, a second special 4 primary election, to select party nominees for the unexpired 5 portion of such term. 6 (3) Whenever there is a vacancy for which a special 7 election is required pursuant to s. 100.101(1)-(4), the 8 Governor, after consultation with the Secretary of State, 9 shall fix the date of a special first primary election, a 10 special second primary election, and a special election. 11 Nominees of political parties other than minor political 12 parties shall be chosen under the primary laws of this state 13 in the special primary election elections to become candidates 14 in the special election. Prior to setting the special 15 election dates, the Governor shall consider any upcoming 16 elections in the jurisdiction where the special election will 17 be held. The dates fixed by the Governor shall be specific 18 days certain and shall not be established by the happening of 19 a condition or stated in the alternative. The dates fixed 20 shall provide a minimum of 2 weeks between each election. In 21 the event a vacancy occurs in the office of state senator or 22 member of the House of Representatives when the Legislature is 23 in regular legislative session, the minimum times prescribed 24 by this subsection may be waived upon concurrence of the 25 Governor, the Speaker of the House of Representatives, and the 26 President of the Senate. If a vacancy occurs in the office of 27 state senator and no session of the Legislature is scheduled 28 to be held prior to the next general election, the Governor 29 may fix the dates for the any special primary and for the 30 special elections election to coincide with the dates of the 31 first and second primary and general elections election. If a 56 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 vacancy in office occurs in any district in the state Senate 2 or House of Representatives or in any congressional district, 3 and no session of the Legislature, or session of Congress if 4 the vacancy is in a congressional district, is scheduled to be 5 held during the unexpired portion of the term, the Governor is 6 not required to call a special election to fill such vacancy. 7 (a) The dates for candidates to qualify in such 8 special primary election or special primary election shall be 9 fixed by the Department of State, and candidates shall qualify 10 not later than noon of the last day so fixed. The dates fixed 11 for qualifying shall allow a minimum of 14 days between the 12 last day of qualifying and the special first primary election. 13 (b) The filing of campaign expense statements by 14 candidates in such special primary election elections or 15 special election primaries and by committees making 16 contributions or expenditures to influence the results of such 17 special primary election primaries or special election 18 elections shall be not later than such dates as shall be fixed 19 by the Department of State, and in fixing such dates the 20 Department of State shall take into consideration and be 21 governed by the practical time limitations. 22 (c) The dates for a candidate to qualify by the 23 alternative method, to qualify as an independent candidate, or 24 to qualify as a minor party candidate in such special primary 25 election or special election shall be fixed by the Department 26 of State. In fixing such dates the Department of State shall 27 take into consideration and be governed by the practical time 28 limitations. 29 1. Any candidate seeking to qualify by the alternative 30 method for nomination in a special primary election shall 31 obtain 25 percent of the signatures required by s. 99.095. 57 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 2. Any candidate seeking to qualify as an independent 2 candidate in a special election shall obtain 25 percent of the 3 signatures required by s. 99.0955. 4 3. A minor party may have the names of its candidates 5 for office printed on the ballot in a special election if the 6 minor party obtains 25 percent of the signatures required by 7 s. 99.096. 8 (d) The qualifying fees and party assessments of such 9 candidates as may qualify shall be the same as collected for 10 the same office at the last previous primary for that office. 11 The party assessment shall be paid to the appropriate 12 executive committee of the political party to which the 13 candidate belongs. 14 (e) Each county canvassing board shall make as speedy 15 a return of the results result of such special primary 16 election elections and special election primaries as time will 17 permit, and the Elections Canvassing Commission likewise shall 18 make as speedy a canvass and declaration of the nominees as 19 time will permit. 20 (4)(a) In the event that death, resignation, 21 withdrawal, removal, or any other cause or event should cause 22 a party to have a vacancy in nomination which leaves no 23 candidate for an office from such party, the Governor shall, 24 after conferring with the Secretary of State, call a special 25 primary election and, if necessary, a second special primary 26 election to select for such office a nominee of such political 27 party. The dates on which candidates may qualify for such 28 special primary election shall be fixed by the Department of 29 State, and the candidates shall qualify no later than noon of 30 the last day so fixed. The filing of campaign expense 31 statements by candidates in a special primary election 58 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 primaries shall not be later than such dates as shall be fixed 2 by the Department of State. In fixing such dates, the 3 Department of State shall take into consideration and be 4 governed by the practical time limitations. The qualifying 5 fees and party assessment of such candidates as may qualify 6 shall be the same as collected for the same office at the last 7 previous primary for that office. Each county canvassing 8 board shall make as speedy a return of the results of such 9 special primary election primaries as time will permit, and 10 the Elections Canvassing Commission shall likewise make as 11 speedy a canvass and declaration of the nominees as time will 12 permit. 13 Section 33. Subsection (2) of section 100.141, Florida 14 Statutes, is amended to read: 15 100.141 Notice of special election to fill any vacancy 16 in office or nomination.-- 17 (2) The Department of State shall prepare a notice 18 stating what offices and vacancies are to be filled in the 19 special election, the dates date set for the each special 20 primary election and the special election, the dates fixed for 21 qualifying for office, the dates fixed for qualifying by the 22 alternative method, as an independent candidate, or as a minor 23 party candidate, and the dates fixed for filing campaign 24 expense statements. 25 Section 34. Subsection (6) of section 101.141, Florida 26 Statutes, is amended to read: 27 101.141 Specifications for primary election 28 ballot.--In counties in which voting machines are not used, 29 and in other counties for use as absentee ballots not designed 30 for tabulation by an electronic or electromechanical voting 31 59 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 system, the primary election ballot shall conform to the 2 following specifications: 3 (6) Should the above directions for complete 4 preparation of the ballot be insufficient, the Department of 5 State shall determine and prescribe any additional matter or 6 form. The Department of State shall, not less than 60 days 7 prior to the first primary election, mail to each supervisor 8 of elections the format of the ballot to be used for the 9 primary election. 10 Section 35. Subsection (1) of section 101.251, Florida 11 Statutes, is amended to read: 12 101.251 Information which supervisor of elections must 13 print on ballots.-- 14 (1) The supervisor of elections of each county shall 15 print, on the general election ballots to be used in such 16 county, the names of candidates nominated by primary election 17 or special primary election elections or selected by the 18 appropriate executive committee of any political party. 19 Section 36. Subsection (2) of section 101.252, Florida 20 Statutes, is amended to read: 21 101.252 Candidates entitled to have names printed on 22 certain ballots; exception.-- 23 (2) Any candidate for party executive committee member 24 who has qualified as prescribed by law is entitled to have his 25 or her name printed on the first primary ballot. However, 26 when there is only one candidate of any political party 27 qualified for such an office, the name of the candidate shall 28 not be printed on the first primary ballot, and such candidate 29 shall be declared elected to the state or county executive 30 committee. 31 60 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 37. Paragraph (a) of subsection (4) and 2 subsection (7) of section 101.62, Florida Statutes, 1996 3 Supplement, are amended to read: 4 101.62 Request for absentee ballots.-- 5 (4)(a) To each absent qualified elector overseas who 6 has requested an absentee ballot, the supervisor of elections 7 shall, not fewer than 35 days before the first primary 8 election and not fewer than 45 days before the general 9 election, mail an absentee ballot. Not fewer than 45 days 10 before the second primary and general election, the supervisor 11 of elections shall mail an advance absentee ballot to those 12 persons requesting ballots for such elections. The advance 13 absentee ballot for the second primary shall be the same as 14 the first primary absentee ballot as to the names of 15 candidates, except that for any offices where there are only 16 two candidates, those offices and all political party 17 executive committee offices shall be omitted. The advance 18 absentee ballot for the general election shall be as specified 19 in s. 101.151, except that in the case of candidates of 20 political parties where nominations were not made in the first 21 primary, the names of the candidates placing first and second 22 in the first primary election shall be printed on the advance 23 absentee ballot. The advance absentee ballot or advance 24 absentee ballot information booklet shall be of a different 25 color for each election and also a different color from the 26 absentee ballots for the first primary, second primary, and 27 general election. The supervisor shall mail an advance 28 absentee ballot for the second primary and general election to 29 each qualified absent elector for whom a request is received 30 until the absentee ballots are printed. The supervisor shall 31 enclose with the advance second primary absentee ballot and 61 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 advance general election absentee ballot an explanation 2 stating that the absentee ballot for the election will be 3 mailed as soon as it is printed; and, if both the advance 4 absentee ballot and the absentee ballot for the election are 5 returned in time to be counted, only the absentee ballot will 6 be counted. 7 (7)(a) For the purposes of this section, "absent 8 qualified elector overseas" means: 9 (a)1. Members of the Armed Forces while in the active 10 service who are permanent residents of the state and are 11 temporarily residing outside the territorial limits of the 12 United States and the District of Columbia; 13 (b)2. Members of the Merchant Marine of the United 14 States who are permanent residents of the state and are 15 temporarily residing outside the territorial limits of the 16 United States and the District of Columbia; and 17 (c)3. Other citizens of the United States who are 18 permanent residents of the state and are temporarily residing 19 outside the territorial limits of the United States and the 20 District of Columbia, 21 22 who are qualified and registered as provided by law. 23 (b) Notwithstanding any other provision of law to the 24 contrary, there shall appear on the ballots sent to absent 25 qualified electors overseas, in addition to the names of the 26 candidates for each office, the political party affiliation of 27 each candidate for each office, other than a nonpartisan 28 office. 29 (c) With respect to marked ballots mailed by absent 30 qualified electors overseas, only those ballots mailed with an 31 APO, FPO, or foreign postmark shall be considered valid. 62 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 38. Subsection (8) of section 102.012, Florida 2 Statutes, is amended to read: 3 102.012 Inspectors and clerks to conduct elections.-- 4 (8) The supervisor of elections shall conduct training 5 classes for inspectors, clerks, and deputy sheriffs prior to 6 each first primary, general, and special election for the 7 purpose of instructing such persons in their duties and 8 responsibilities as election officials. A certificate may be 9 issued by the supervisor of elections to each person 10 completing such training. No person shall serve as an 11 inspector, clerk, or deputy sheriff for an election unless 12 such person has completed the training class as required. A 13 person who has attended previous training classes conducted 14 within 2 years of the election may be appointed by the 15 supervisor to fill a vacancy on election day. If no person 16 with prior training is available to fill such vacancy, the 17 supervisor of elections may fill such vacancy in accordance 18 with the provisions of subsection (9) from among persons who 19 have not received the training required by this section. 20 Section 39. Subsection (3) of section 103.021, Florida 21 Statutes, is amended to read: 22 103.021 Nomination for presidential 23 electors.--Candidates for presidential electors shall be 24 nominated in the following manner: 25 (3) A minor political party may have the names of its 26 candidates for President and Vice President printed, and 27 independent candidates for President and Vice President may 28 have their names printed, on the general election ballots if a 29 petition is signed by 1 percent of the registered electors of 30 this state, as shown by the compilation by the Department of 31 State for the last preceding general election. A separate 63 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 petition from each county for which signatures are solicited 2 shall be submitted to the supervisor of elections of the 3 respective county no later than July 15 of each presidential 4 election year. The supervisor shall check the names and, on 5 or before the date of the first primary election, shall 6 certify the number shown as registered electors of the county. 7 The supervisor shall be paid by the person requesting the 8 certification the cost of checking the petitions as prescribed 9 in s. 99.097. The supervisor shall then forward the 10 certificate to the Department of State which shall determine 11 whether or not the percentage factor required in this section 12 has been met. When the percentage factor required in this 13 section has been met, the Department of State shall order the 14 names of the candidates for whom the petition was circulated 15 to be included on the ballot and shall permit the required 16 number of persons to be certified as electors in the same 17 manner as other party candidates. 18 Section 40. Section 103.022, Florida Statutes, is 19 amended to read: 20 103.022 Write-in candidates for President and Vice 21 President.--Persons seeking to qualify for election as 22 write-in candidates for President and Vice President of the 23 United States may have a blank space provided on the general 24 election ballot for their names to be written in by filing an 25 oath with the Department of State at any time after the 57th 26 day, but before noon of the 49th day, prior to the date of the 27 first primary election in the year in which a presidential 28 election is held. The Department of State shall prescribe the 29 form to be used in administering the oath. The candidates 30 shall file with the department a certificate naming the 31 required number of persons to serve as electors. Such 64 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 write-in candidates shall not be entitled to have their names 2 on the ballot. 3 Section 41. Subsection (4) of section 103.091, Florida 4 Statutes, is amended to read: 5 103.091 Political parties.-- 6 (4) Any political party other than a minor political 7 party may by rule provide for the membership of its state or 8 county executive committee to be elected for 4-year terms at 9 the first primary election in each year a presidential 10 election is held. The terms shall commence on the first day 11 of the month following each presidential general election; but 12 the names of candidates for political party offices shall not 13 be placed on the ballot at any other election. The results of 14 such election shall be determined by a plurality of the votes 15 cast. In such event, electors seeking to qualify for such 16 office shall do so with the Department of State or supervisor 17 of elections not earlier than noon of the 57th day, or later 18 than noon of the 53rd day, preceding the first primary 19 election. The outgoing chair of each county executive 20 committee shall, within 30 days after the committee members 21 take office, hold an organizational meeting of all newly 22 elected members for the purpose of electing officers. The 23 chair of each state executive committee shall, within 60 days 24 after the committee members take office, hold an 25 organizational meeting of all newly elected members for the 26 purpose of electing officers. 27 Section 42. Subsection (1) of section 105.031, Florida 28 Statutes, is amended to read: 29 105.031 Qualification; filing fee; candidate's oath; 30 items required to be filed.-- 31 65 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1) TIME OF QUALIFYING.--Candidates for judicial 2 office other than the office of county court judge shall 3 qualify with the Division of Elections of the Department of 4 State, and candidates for the office of county court judge 5 shall qualify with the supervisor of elections of the county, 6 no earlier than noon of the 50th day, and no later than noon 7 of the 46th day, before the first primary election. Filing 8 shall be on forms provided for that purpose by the Division of 9 Elections and furnished by the appropriate qualifying officer. 10 Any person seeking to qualify as a candidate for circuit judge 11 or county court judge by the alternative method, if the person 12 has submitted the necessary petitions by the required deadline 13 and is notified after the fifth day prior to the last day for 14 qualifying that the required number of signatures has been 15 obtained, shall be entitled to subscribe to the candidate's 16 oath and file the qualifying papers at any time within 5 days 17 from the date he or she is notified that the necessary number 18 of signatures has been obtained. Any person other than a 19 write-in candidate who qualifies within the time prescribed in 20 this subsection shall be entitled to have his or her name 21 printed on the ballot. 22 Section 43. Subsection (1) of section 105.041, Florida 23 Statutes, is amended to read: 24 105.041 Form of ballot.-- 25 (1) BALLOTS.--The names of candidates for judicial 26 office which appear on the ballot at the first primary 27 election shall either be grouped together on a separate 28 portion of the ballot or on a separate ballot. The names of 29 candidates for judicial office which appear on the ballot at 30 the general election and the names of justices and judges 31 66 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 seeking retention to office shall be grouped together on a 2 separate portion of the general election ballot. 3 Section 44. Paragraph (b) of subsection (1) of section 4 105.051, Florida Statutes, is amended to read: 5 105.051 Determination of election to office.-- 6 (1) 7 (b) If two or more candidates, neither of whom is a 8 write-in candidate, qualify for such an office, the names of 9 those candidates shall be placed on the ballot at the first 10 primary election. If any candidate for such office receives a 11 majority of the votes cast for such office in the first 12 primary election, the name of the candidate who receives such 13 majority shall not appear on any other ballot unless a 14 write-in candidate has qualified for such office. An 15 unopposed candidate shall be deemed to have voted for himself 16 or herself at the general election. If no candidate for such 17 office receives a majority of the votes cast for such office 18 in the first primary election, the names of the two candidates 19 receiving the highest number of votes for such office shall be 20 placed on the general election ballot. If more than two 21 candidates receive an equal and highest number of votes, the 22 name of each candidate receiving an equal and highest number 23 of votes shall be placed on the general election ballot. In 24 any contest in which there is a tie for second place and the 25 candidate placing first did not receive a majority of the 26 votes cast for such office, the name of the candidate placing 27 first and the name of each candidate tying for second shall be 28 placed on the general election ballot. 29 Section 45. Subsection (1) of section 106.07, Florida 30 Statutes, is amended to read: 31 106.07 Reports; certification and filing.-- 67 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1) Each campaign treasurer designated by a candidate 2 or political committee pursuant to s. 106.021 shall file 3 regular reports of all contributions received, and all 4 expenditures made, by or on behalf of such candidate or 5 political committee. Reports shall be filed on the 10th day 6 following the end of each calendar quarter from the time the 7 campaign treasurer is appointed, except that, if the 10th day 8 following the end of a calendar quarter occurs on a Saturday, 9 Sunday, or legal holiday, the report shall be filed on the 10 next following day which is not a Saturday, Sunday, or legal 11 holiday. Quarterly reports shall include all contributions 12 received and expenditures made during the calendar quarter 13 which have not otherwise been reported pursuant to this 14 section. 15 (a) Except as provided in paragraph (b), Following the 16 last day of qualifying for office, the reports shall be filed 17 on the 32nd, 18th, and 4th days immediately preceding the 18 first primary election and on the 46th, 32nd, 25th, 18th, 19 11th, and 4th days immediately preceding the second primary 20 and general election, for a candidate who is opposed in 21 seeking nomination or election to any office, for a political 22 committee, or for a committee of continuous existence. 23 (b) Following the last day of qualifying for office, 24 any statewide candidate who has requested to receive 25 contributions from the Election Campaign Financing Trust Fund 26 or any statewide candidate in a race with a candidate who has 27 requested to receive contributions from the trust fund shall 28 file reports on the 4th, 11th, 18th, 25th, and 32nd days prior 29 to the first primary and general elections, and on the 4th, 30 11th, 18th, and 25th days prior to the second primary. 31 68 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (b)(c) Following the last day of qualifying for 2 office, any unopposed candidate need only file a report within 3 90 days after the date such candidate became unopposed. Such 4 report shall contain all previously unreported contributions 5 and expenditures as required by this section and shall reflect 6 disposition of funds as required by s. 106.141. 7 (c)(d)1. When a special election is called to fill a 8 vacancy in office, all political committees and committees of 9 continuous existence making contributions or expenditures to 10 influence the results of such special election shall file 11 campaign treasurers' reports with the filing officer on the 12 dates set by the Department of State pursuant to s. 100.111. 13 2. When an election is called for an issue to appear 14 on the ballot at a time when no candidates are scheduled to 15 appear on the ballot, all political committees making 16 contributions or expenditures in support of or in opposition 17 to such issue shall file reports on the 18th and 4th days 18 prior to such election. 19 (d)(e) The filing officer shall provide each candidate 20 with a schedule designating the beginning and end of reporting 21 periods as well as the corresponding designated due dates. 22 Section 46. Paragraph (c) of subsection (1) of section 23 106.08, Florida Statutes, is amended to read: 24 106.08 Contributions; limitations on.-- 25 (1) 26 (c) For purposes of this subsection, the first primary 27 election, second primary, and the general election shall be 28 deemed separate elections so long as the candidate is not an 29 unopposed candidate as defined in s. 106.011(15). However, 30 for the purpose of contribution limits with respect to 31 candidates for retention as a justice of the Supreme Court or 69 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 judge of a district court of appeal, there shall be only one 2 election, which shall be the general election, and with 3 respect to candidates for circuit judge or county court judge, 4 there shall be only two elections, which shall be the first 5 primary election and general election. 6 Section 47. Subsection (1) of section 106.29, Florida 7 Statutes, is amended to read: 8 106.29 Reports by political parties; assessment on 9 contributions.-- 10 (1) The state executive committee and each county 11 executive committee of each political party regulated by 12 chapter 103 shall file regular reports of all contributions 13 received and all expenditures made by such committee. Such 14 reports shall contain the same information as do reports 15 required of candidates by s. 106.07 and shall be filed on the 16 10th day following the end of each calendar quarter, except 17 that, during the period from the last day for candidate 18 qualifying until the general election, such reports shall be 19 filed on the Friday immediately preceding the first primary 20 election, the second primary election, and the general 21 election. Each state executive committee shall file the 22 original and one copy of its reports with the Division of 23 Elections. Each county executive committee shall file its 24 reports with the supervisor of elections in the county in 25 which such committee exists. Any political party failing to 26 file a report on the designated due date shall be subject to a 27 fine as provided in s. 106.07 for submitting late reports. No 28 separate fine shall be assessed for failure to file a copy of 29 any report required by this section. 30 Section 48. Subsection (3) of section 102.031, Florida 31 Statutes, is amended to read: 70 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 102.031 Maintenance of good order at polls; 2 authorities; persons allowed in polling rooms; unlawful 3 solicitation of voters.-- 4 (3)(a)1. No person may enter any polling room or 5 polling place where the polling place is also a polling room, 6 during voting hours except the following: 7 a.1. Official poll watchers; 8 b.2. Inspectors; 9 c.3. Election clerks; 10 d.4. The supervisor of elections or his deputy; 11 e.5. Persons there to vote, persons in the care of a 12 voter, or persons caring for such voter; 13 f.6. Law enforcement officers or emergency service 14 personnel there with permission of the clerk or a majority of 15 the inspectors; or 16 g.7. A person, whether or not a registered voter, who 17 is assisting with or participating in a simulated election for 18 minors, as approved by the supervisor of elections. 19 2.(b) The restriction in this paragraph subsection 20 does not apply where the polling room is in an area commonly 21 traversed by the public in order to gain access to businesses 22 or homes or in an area traditionally utilized as a public area 23 for discussion. 24 (b)1.(c) No person, political committee, committee of 25 continuous existence, or other group or organization may 26 solicit voters within 100 50 feet of the entrance to any 27 polling place, or polling room where the polling place is also 28 a polling room, on the day of any election. 29 1. Solicitation shall not be restricted if: 30 a. Conducted from a separately marked area within the 31 50-foot zone so as not to disturb, hinder, impede, obstruct, 71 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 or interfere with voter access to the polling place or polling 2 room entrance; and 3 b. The solicitation activities and subject matter are 4 clearly and easily identifiable by the voters as an activity 5 in which they may voluntarily participate; or 6 c. Conducted on property within the 50-foot zone which 7 is a residence, established business, private property, 8 sidewalk, park, or property traditionally utilized as a public 9 area for discussion. 10 2. Solicitation shall not be permitted within the 11 50-foot zone on a public sidewalk or other similar means of 12 access to the polling room if it is clearly identifiable to 13 the pollworkers that the solicitation is impeding, 14 obstructing, or interfering with voter access to the polling 15 room or polling place. 16 2.(d) For the purpose of this paragraph subsection, 17 the term "solicit" includes shall include, but is not be 18 limited to, seeking or attempting to seek any vote, fact, 19 opinion, or contribution; distributing or attempting to 20 distribute any political or campaign material, leaflet, or 21 handout; conducting a poll; seeking or attempting to seek a 22 signature on any petition; and selling or attempting to sell 23 any item. 24 3. Notwithstanding any other provision of this 25 paragraph, if in the opinion of the supervisor of elections, 26 because of the location of the polling place, the health or 27 safety of solicitors will be adversely affected, solicitation 28 may be conducted within the 100-foot zone from a reasonably 29 located, separately marked area, which must be designated by 30 the supervisor of elections so as not to disturb, hinder, 31 impede, obstruct, or interfere with voter access to the 72 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 polling place or polling room entrance. Solicitors must 2 conduct their activities and display their subject matter so 3 that it is clearly and easily identifiable by the voters as an 4 activity in which they may voluntarily participate. 5 (c)(e) Pursuant to their authority under this section, 6 the election board may have Each supervisor of elections shall 7 inform the clerk of each precinct of the area within which 8 soliciting is unlawful, based on the particular 9 characteristics of that polling place. The supervisor or the 10 clerk may take any reasonable action necessary to ensure order 11 at the polling places which shall include: 12 1. Designating a specific area for soliciting pursuant 13 to paragraph (c) of this subsection, or 14 2. Having disruptive and unruly persons removed by law 15 enforcement officers from the polling room or polling place or 16 from the 100-foot 50-foot zone surrounding the polling place. 17 The law enforcement officer assigned to the precinct shall 18 inform solicitors of the 100-foot zone and, when authorized by 19 the election board, shall remove those who are not lawfully 20 within the 100-foot zone and are disruptive and unruly. 21 Section 49. Section 99.013, Florida Statutes, is 22 created to read: 23 99.013 Residency requirement.-- 24 (1) DEFINITIONS.--For the purposes of this section, 25 the term: 26 (a) "Residence" means a person's true, fixed, and sole 27 permanent dwelling from which that person has no present 28 intention of moving and to which, whenever absent, that person 29 has the intention of returning. 30 (b) "Residency requirement" means any requirement 31 under the State Constitution or the laws of this state that a 73 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 candidate for public office or an elected or appointed public 2 officer be a resident of, or maintain that person's residence 3 within the boundaries of, a specified political subdivision or 4 other geopolitically defined area. 5 (c) "Resident" means a person who has established a 6 residence. 7 (2) RESIDENCY.-- 8 (a) For the purposes of meeting a residency 9 requirement, a candidate or public officer subject to that 10 requirement may have only one residence. In any determination 11 of whether a person has met the residency requirement, the 12 factors appearing in s. 196.015, as well as the person's 13 manifest intent ascertained from an examination of where that 14 person performs the usual functions of sleeping, eating, and 15 living, including attendant conduct and surrounding 16 circumstances, and other factors appropriate for the purpose 17 of establishing residency may be considered. 18 (b) Unless otherwise provided for in the State 19 Constitution, a residency requirement that applies to a 20 candidate for public office must be met from the time of 21 qualifying for that office, and a residency requirement that 22 applies to an appointed public officer must be met from the 23 time of appointment to that office. 24 (3) INVESTIGATION OF RESIDENCY VIOLATIONS.--The 25 Florida Elections Commission shall investigate, consider, and 26 determine alleged violations of residency requirements 27 applicable to candidates for public office and elected and 28 appointed public officers as provided in ss. 106.25 and 29 106.26. 30 Section 50. Section 196.015, Florida Statutes, reads: 31 74 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 196.015 Permanent residency; factual determination by 2 property appraiser.--Intention to establish a permanent 3 residence in this state is a factual determination to be made, 4 in the first instance, by the property appraiser. Although 5 any one factor is not conclusive of the establishment or 6 nonestablishment of permanent residence, the following are 7 relevant factors that may be considered by the property 8 appraiser in making his or her determination as to the intent 9 of a person claiming a homestead exemption to establish a 10 permanent residence in this state: 11 (1) Formal declarations of the applicant. 12 (2) Informal statements of the applicant. 13 (3) The place of employment of the applicant. 14 (4) The previous permanent residency by the applicant 15 in a state other than Florida or in another country and the 16 date non-Florida residency was terminated. 17 (5) The place where the applicant is registered to 18 vote. 19 (6) The place of issuance of a driver's license to the 20 applicant. 21 (7) The place of issuance of a license tag on any 22 motor vehicle owned by the applicant. 23 (8) The address as listed on federal income tax 24 returns filed by the applicant. 25 (9) The previous filing of Florida intangible tax 26 returns by the applicant. 27 Section 51. Subsection (1) of section 106.18, Florida 28 Statutes, is amended to read: 29 106.18 When a candidate's name to be omitted from 30 ballot.-- 31 75 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1) The name of a candidate shall not be printed on 2 the ballot for an election if the candidate is convicted of 3 violating s. 106.19(1) or is determined to be in violation of 4 a residency requirement, as provided in ss. 106.25 and 106.26. 5 Section 52. Subsection (8) of section 106.25, Florida 6 Statutes, 1996 Supplement, is renumbered as subsection (9), 7 and a new subsection (8) is added to said section to read: 8 106.25 Reports of alleged violations to Department of 9 State; disposition of findings.-- 10 (8) In addition to authority granted to the commission 11 with respect to violations of this chapter, the commission may 12 investigate complaints filed against any candidate for public 13 office for violating a residency requirement. If a complaint 14 against a candidate for failure to meet the residency 15 requirement is timely filed with the commission, the 16 commission shall investigate the complaint and determine the 17 candidate's eligibility to hold office in accordance with s. 18 106.26. That determination must be made public within 15 days 19 after the date the complaint is filed. The commission may not 20 accept a residency complaint against a candidate which is 21 filed later than 20 days after the end of the qualifying 22 period. 23 Section 53. Subsection (12) of section 106.26, Florida 24 Statutes, is amended to read: 25 106.26 Powers of commission; rights and 26 responsibilities of parties; findings by commission.-- 27 (12)(a) At the conclusion of its hearings concerning 28 an alleged violation, the commission shall immediately begin 29 deliberations on the evidence presented at such hearings and 30 shall proceed to determine by affirmative vote of a majority 31 of the members present whether a violation of this chapter or 76 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 of a residency requirement has occurred. Such determination 2 shall promptly be made public. The order shall contain a 3 finding of violation or no violation, together with brief 4 findings of pertinent facts, and the assessment of such civil 5 penalties as are permitted by this chapter or no such 6 assessment and shall bear the signature or facsimile signature 7 of the chair or vice chair. 8 (b) In regard to an allegation of violation of a 9 residency requirement: 10 1. If the commission determines that a candidate for 11 public office has violated the residency requirement, the 12 commission shall require the Secretary of State or the 13 appropriate supervisor to omit the name of the candidate from 14 the ballot. 15 2. If the commission determines that an elected or 16 appointed public officer has violated the residency 17 requirement, the commission shall refer its findings, in the 18 case of a legislator, to the presiding officer of the 19 appropriate house of the Legislature for appropriate action 20 under the rules of that house or, in the case of any other 21 public officer, to the Governor for appropriate action under 22 s. 114.01. 23 3. If the commission determines that the candidate or 24 elected or appointed public officer under investigation has 25 not violated the residency requirement, the proceedings shall 26 cease. 27 4. This subsection does not limit the jurisdiction of 28 any other officer or agency of government empowered by law to 29 investigate, act upon, or dispose of alleged violations of a 30 residency requirement by any candidate for public office or 31 any elected or appointed public officer. 77 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 54. Subsections (1) and (2) of section 97.052, 2 Florida Statutes, 1996 Supplement, are amended to read: 3 97.052 Uniform statewide voter registration 4 application.-- 5 (1) The department shall prescribe a uniform statewide 6 voter registration application for use in this state. 7 (a) The uniform statewide voter registration 8 application must be accepted for any one or more of the 9 following purposes: 10 1. Initial registration. 11 2. Change of address. 12 3. Change of party affiliation. 13 4. Change of name. 14 5. Replacement of voter registration identification 15 card. 16 (b) The department is responsible for printing the 17 uniform statewide voter registration application and the voter 18 registration application form prescribed by the Federal 19 Election Commission pursuant to the National Voter 20 Registration Act of 1993. The applications and forms must be 21 distributed, upon request, to the following: 22 1. Individuals seeking to register to vote. 23 2. Individuals or groups conducting voter registration 24 programs. A charge of 1 cent per application shall be 25 assessed on requests for 10,000 or more applications. 26 3. The Department of Highway Safety and Motor 27 Vehicles. 28 4. Voter registration agencies. 29 5. Armed forces recruitment offices. 30 6. Qualifying educational institutions. 31 78 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 7. Supervisors, who must make the applications and 2 forms available in the following manner: 3 a. By distributing the applications and forms in their 4 offices to any individual or group. 5 b. By distributing the applications and forms at other 6 locations designated by each supervisor. 7 c. By mailing the applications and forms to applicants 8 upon the request of the applicant. 9 (c) The uniform statewide voter registration 10 application may not be reproduced by any private individual or 11 group. 12 (2) The uniform statewide voter registration 13 application must be designed to elicit the following 14 information from the applicant: 15 (a) Full name. 16 (b) Date of birth. 17 (c) Address of legal residence. 18 (d) Mailing address, if different. 19 (e) County of legal residence. 20 (f) Race or ethnicity that best describes the 21 applicant: 22 1. American Indian or Alaskan Native. 23 2. Asian or Pacific Islander. 24 3. Black, not of Hispanic origin. 25 4. White, not of Hispanic origin. 26 5. Hispanic. 27 (g) Sex. 28 (h) Party affiliation. 29 (i) Whether the applicant needs assistance in voting. 30 (j) Name and address where last registered. 31 (k) Social security number (optional). 79 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (l) Telephone number (optional). 2 (m) Signature of applicant under penalty for false 3 swearing pursuant to s. 104.011, by which the person 4 subscribes to the oath required by s. 3, Art. VI of the State 5 Constitution and s. 97.051, and swears or affirms that the 6 information contained in the registration application is true. 7 (n) Date of signature. 8 (n)(o) Whether the application is being used for 9 initial registration, or to update a voter registration 10 record, or to request a replacement registration 11 identification card. 12 (o)(p) Whether the applicant is a citizen of the 13 United States. 14 (p) That the applicant has not been convicted of a 15 felony or, if convicted, has had his or her civil rights 16 restored. 17 (q) That the applicant has not been adjudicated 18 mentally incapacitated with respect to voting or, if so 19 adjudicated, has had his or her right to vote restored. 20 21 The registration form shall be in plain language and designed 22 so that convicted felons whose civil rights have been restored 23 and persons who have been adjudicated mentally incapacitated 24 and have had their voting rights restored are not required to 25 reveal their prior conviction or adjudication. 26 Section 55. Subsection (1) and paragraph (a) of 27 subsection (5) of section 97.053, Florida Statutes, are 28 amended to read: 29 97.053 Acceptance of voter registration 30 applications.-- 31 80 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1) Voter registration applications, and changes in 2 registration, and requests for a replacement registration 3 identification card must be accepted in the office of any 4 supervisor, the division, a driver license office, a voter 5 registration agency, or an armed forces recruitment office 6 when hand delivered by the applicant or a third party during 7 the hours that office is open or when mailed. 8 (5)(a) A voter registration application is complete if 9 it contains: 10 1. The applicant's name., 11 2. The applicant's legal residence address., 12 3. The applicant's date of birth., and 13 4. An indication that the applicant is a citizen of 14 the United States. 15 5. An indication that the applicant has not been 16 convicted of a felony or that, if convicted, has had his or 17 her civil rights restored. 18 6. An indication that the applicant has not been 19 adjudicated mentally incapacitated with respect to voting or 20 that, if so adjudicated, has had his or her right to vote 21 restored. 22 7. Signature of the applicant swearing or affirming 23 under the penalty for false swearing pursuant to s. 104.011 24 that the information contained in the registration application 25 is true and subscribing to the oath required by s. 3, Art. VI 26 of the State Constitution and s. 97.051. 27 Section 56. Section 97.071, Florida Statutes, is 28 amended to read: 29 97.071 Registration identification card.-- 30 31 81 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (1) A registration identification card must be 2 furnished to all voters registering under the permanent single 3 registration system and must contain: 4 (a) Voter's registration number. 5 (b) Date of registration. 6 (c) Full name. 7 (d) Party affiliation. 8 (e) Date of birth. 9 (f) Race or ethnicity, if provided by the applicant. 10 (g) Sex, if provided by the applicant. 11 (h) Address of legal residence. 12 (i) Precinct number. 13 (j) Signature of supervisor. 14 (k) Place for voter's signature. 15 (l) Other information deemed necessary by the 16 department. 17 (2) A voter may receive a replacement of a 18 registration identification card by providing a signed, 19 written request for a replacement card to informing the 20 supervisor, in writing, that the card was defaced, lost, or 21 stolen. Upon verification of registration, the supervisor 22 shall issue the voter a duplicate card without charge. 23 (3) In the case of a change of name, address, or party 24 affiliation, the supervisor must issue the voter a new 25 registration identification card. However, a registration 26 identification card indicating a party affiliation change made 27 between the book-closing date for the first primary election 28 and the date of the second primary election may not be issued 29 until after the second primary election. 30 Section 57. Section 97.1031, Florida Statutes, is 31 amended to read: 82 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 97.1031 Notice of change of residence within the same 2 county, change of name, or change of party.-- 3 (1) When an elector moves from the address named on 4 that person's voter registration record to another address 5 within the same county, the elector must provide a signed, 6 written notification of such move to notify the supervisor in 7 writing of such change and obtain a registration 8 identification card reflecting the new address of legal 9 residence. 10 (2) When the name of an elector is changed by marriage 11 or other legal process, the elector must provide a signed, 12 written notification of such change to notify the supervisor 13 in writing of the change and obtain a registration 14 identification card reflecting the new name change. 15 (3) When an elector seeks to change party affiliation, 16 the elector must provide a signed, written notification of 17 such intent to notify the supervisor in writing and obtain a 18 new registration identification card reflecting the new party 19 affiliation, subject pursuant to the issuance restriction in 20 s. 97.071(3). 21 (4) The supervisor shall make the necessary changes in 22 the elector's records as soon as practical upon receipt of 23 such notice of a change of address of legal residence, name, 24 or party affiliation and shall issue the new registration 25 identification card as required by s. 97.071(3). 26 Section 58. Section 98.461, Florida Statutes, is 27 amended to read: 28 98.461 Registration form, precinct register; 29 contents.--A registration form, approved by the Department of 30 State, containing the information required in s. 97.052 shall 31 be filed alphabetically in the office of the supervisor as the 83 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 master list of electors of the county. However, the 2 registration forms may be microfilmed and such microfilms 3 substituted for the original registration forms; or, when 4 voter registration information, including the voter's 5 signature, is maintained digitally or on electronic, magnetic, 6 or optic media, such stored information may be substituted for 7 the original registration form. Such microfilms or stored 8 information shall be retained in the custody of the supervisor 9 of elections. In the event the original registration forms are 10 microfilmed or maintained digitally or on electronic or other 11 media, such originals may be destroyed in accordance with the 12 schedule approved by the Bureau of Archives and Records 13 Management of the Division of Library and Information Services 14 of the Department of State. As an alternative, the information 15 from the registration form, including the signature, may be 16 electronically reproduced and stored as provided in s. 98.451. 17 A computer printout may be used at the polls as a precinct 18 register in lieu of the registration books. The precinct 19 register shall contain the date of the election, the precinct 20 number, and the following information concerning each 21 registered elector: last name, first name, and middle name or 22 initial; party affiliation; residence address; registration 23 number; date of birth; sex, if provided; race, if provided; 24 state or country of birth; whether the voter needs assistance 25 in voting; and such other additional information as to readily 26 identify the elector. The precinct register may also contain a 27 list of the forms of identification approved by the Department 28 of State, which shall include, but not be limited to, the 29 voter registration identification card and Florida driver's 30 license. The precinct register may also contain a space for 31 the elector's signature, a space for the initials of the 84 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 witnessing clerk or inspector, and a space for the signature 2 slip or ballot number. 3 Section 59. Subsection (2) of section 104.011, Florida 4 Statutes, is amended to read: 5 104.011 False swearing; submission of false voter 6 registration information.-- 7 (2) A person who willfully submits any false voter 8 registration information commits a felony misdemeanor of the 9 third first degree, punishable as provided in s. 775.082 or s. 10 775.083. 11 Section 60. Subsection (4) is added to section 12 104.012, Florida Statutes, to read: 13 104.012 Consideration for registration; interference 14 with registration; soliciting registrations for compensation; 15 alteration of voter registration application.-- 16 (4) A person who alters the voter registration 17 application of any other person, without the other person's 18 knowledge and consent, commits a misdemeanor of the first 19 degree, punishable as provided in s. 775.082 or s. 775.083. 20 Section 61. Sections 98.391, 98.412, 98.431, and 21 98.441, Florida Statutes, and sections 98.401 and 98.421, 22 Florida Statutes, as amended by chapter 95-147, Laws of 23 Florida, are hereby repealed. 24 Section 62. Subsection (11) is added to section 25 97.012, Florida Statutes, to read: 26 97.012 Secretary of State as chief election 27 officer.--The Secretary of State is the chief election officer 28 of the state, and it is his or her responsibility to: 29 (11) Create and maintain a central voter file. 30 Section 63. Subsections (4) through (29) of section 31 97.021, Florida Statutes, 1996 Supplement, are renumbered as 85 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 subsections (5) through (30), respectively, and a new 2 subsection (4) is added to said section to read: 3 97.021 Definitions.--For the purposes of this code, 4 except where the context clearly indicates otherwise, the 5 term: 6 (4) "Central voter file" means a statewide, centrally 7 maintained database containing voter registration information 8 of all counties in this state. 9 Section 64. Subsection (3) of section 98.045, Florida 10 Statutes, is amended to read: 11 98.045 Administration of voter registration.-- 12 (3) Notwithstanding the provisions of ss. s. 98.095 13 and 98.097, each supervisor shall maintain for at least 2 14 years, and make available for public inspection and copying, 15 all records concerning implementation of registration list 16 maintenance programs and activities conducted pursuant to ss. 17 98.065 and 98.075. The records must include lists of the name 18 and address of each person to whom an address confirmation 19 final notice was sent and information as to whether each such 20 person responded to the mailing, but may not include any 21 information that is confidential or exempt from public record 22 requirements under this code. 23 Section 65. Section 98.095, Florida Statutes, as 24 amended by chapters 91-235 and 91-424, Laws of Florida, is 25 amended to read: 26 98.095 County registers open to inspection; copies.-- 27 (1)(a)1. The registration books of each county in this 28 state are public records. Any Every citizen of the state is 29 allowed to examine the registration books of any county, 30 except for social security numbers, while they are in the 31 custody of the supervisor of that county, but is not allowed 86 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 to make copies or extracts therefrom except as provided by 2 this section. 3 2. Within 15 days of a request for voter registration 4 information, the supervisor shall furnish any requested 5 information, excluding a voter's signature and social security 6 number and any other information that is confidential or 7 exempt from public records requirements, which the supervisor 8 maintains pursuant to "The Florida Election Code." 9 (b) Notwithstanding the provision of paragraph (a), if 10 after the most recent an election, if there is a request for 11 information relating to electors who voted in that the most 12 recent election, within 15 days of the request the supervisor 13 shall either provide the information or allow the persons, 14 entities, or agents thereof, as authorized in this section, to 15 personally extract or copy the information. 16 (c) Actual costs of duplication of information 17 authorized by this section for release to the public shall be 18 charged in accordance with the provisions of s. 119.07. 19 (2) The information provided by the supervisor 20 pursuant to this section shall be furnished only to: 21 (a) The courts for the purpose of jury selection; 22 (b) Municipalities; 23 (c) Other governmental agencies; 24 (d) Candidates, to further their candidacy; 25 (e) Registered political committees, registered 26 committees of continuous existence, and political parties or 27 officials thereof, for political purposes only; and 28 (f) Incumbent officeholders, to report to their 29 constituents. 30 31 87 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Such information shall not be used for commercial purposes. 2 No person to whom a list of registered voters is made 3 available pursuant to this section, and no person who acquires 4 such a list, shall use any information contained therein for 5 purposes which are not related to elections, political or 6 governmental activities, voter registration, law enforcement, 7 or jury selection. 8 (3) Any person who acquires a precinct list of 9 registered voters from the office of the supervisor shall take 10 and subscribe to an oath which shall be in substantially the 11 following form: 12 13 I hereby swear or affirm that I am a person authorized 14 by s. 98.095, Florida Statutes, to acquire information on 15 registered voters of .... County, Florida; that the 16 information acquired will be used only for the purposes 17 prescribed in that section and for no other purpose; and that 18 I will not permit the use or copying of such information by 19 persons not authorized by the Election Code of the State of 20 Florida. 21 22 ...(Signature of person acquiring list)... 23 24 Sworn to and subscribed before me this .... day of 25 ...., 19..... 26 27 ...(Signature and title of person administering oath)... 28 29 Section 66. Effective January 1, 1998, subsection (2) 30 of section 98.095, Florida Statutes, as amended by chapter 31 91-235, Laws of Florida, is amended to read: 88 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 98.095 County registers open to inspection; copies.-- 2 (2) The information provided by the supervisor 3 pursuant to this section shall be furnished only to: 4 (a) Municipalities; 5 (b) Other governmental agencies; 6 (c) Candidates, to further their candidacy; 7 (d) Registered political committees, registered 8 committees of continuous existence, and political parties or 9 officials thereof, for political purposes only; and 10 (e) Incumbent officeholders, to report to their 11 constituents. 12 13 Such information shall not be used for commercial purposes. 14 No person to whom a list of registered voters is made 15 available pursuant to this section, and no person who acquires 16 such a list, shall use any information contained therein for 17 purposes which are not related to elections, political or 18 governmental activities, voter registration, or law 19 enforcement. 20 Section 67. Section 98.097, Florida Statutes, is 21 created to read: 22 98.097 Central voter file; administration by division; 23 public access.-- 24 (1) There is hereby established a central voter file, 25 to be administered by the division, which shall be a 26 statewide, centrally maintained database containing the voter 27 registration information of all counties in this state. 28 (2) All voter registration records and other 29 information in the central voter file, excluding any 30 information that is confidential or exempt from public records 31 89 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 requirements, shall be considered public records for the 2 purposes of chapter 119. 3 (3) The central voter file shall be self-sustaining. 4 Section 68. Section 98.212, Florida Statutes, is 5 amended to read: 6 98.212 Supervisors to furnish statistical and other 7 information.-- 8 (1)(a) Upon written request, supervisors shall, as 9 promptly as possible, furnish to recognized public or private 10 universities and senior colleges within the state, to state or 11 county governmental agencies, and to recognized political 12 party committees, statistical information for the purpose of 13 analyzing election returns and results. 14 (b)(2) Supervisors may require reimbursement for any 15 part or all of the actual expenses expense of supplying any 16 such information requested under paragraph (a). For the 17 purposes of this subsection, supervisors may use the services 18 of any research and statistical personnel that may be 19 supplied. 20 (c)(3) Lists of names submitted to supervisors for 21 indication of registration or nonregistration or of party 22 affiliation shall be processed at any time at cost, except 23 that in no case shall the charge exceed 10 cents for each name 24 on which the information is furnished. 25 (2)(4) The supervisors shall provide information as 26 requested by the department for program evaluation and 27 reporting to the Federal Election Commission pursuant to the 28 National Voter Registration Act of 1993. 29 (3) The supervisors shall provide information as 30 requested by the department for the creation and maintenance 31 of the central voter file. 90 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 69. Section 101.591, Florida Statutes, is 2 amended to read: 3 101.591 Voting system audit.-- 4 (1) The Legislature, upon specific appropriation and 5 directive, may provide for an independent Department of State 6 shall audit of , at least every 5 years, the voting system in 7 any each county. Within 30 days after completing the audit, 8 the person conducting the audit Department of State shall 9 furnish a copy of the audit to the supervisor of elections and 10 the board of county commissioners. 11 (2) An The audit conducted pursuant to subsection (1) 12 shall consist of a study and evaluation of the voting system 13 used during any primary, general, municipal, or presidential 14 preference primary election to provide reasonable assurance 15 that the system is properly controlled, can accurately count 16 votes, provides adequate safeguards against unauthorized 17 manipulation and fraud, and complies with the requirements of 18 law and rules of the Department of State. 19 Section 70. Paragraph (y) of subsection (1) of section 20 125.01, Florida Statutes, 1996 Supplement, is amended to read: 21 125.01 Powers and duties.-- 22 (1) The legislative and governing body of a county 23 shall have the power to carry on county government. To the 24 extent not inconsistent with general or special law, this 25 power includes, but is not restricted to, the power to: 26 (y) Place questions or propositions on the ballot at 27 any primary election, general election, or otherwise called 28 special election, when agreed to by a majority vote of the 29 total membership of the legislative and governing body, so as 30 to obtain an expression of elector sentiment with respect to 31 matters of substantial concern within the county. No special 91 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 election may be called for the purpose of conducting a straw 2 ballot. Any election costs, as defined in s. 97.021(9)(8), 3 associated with any ballot question or election called 4 specifically at the request of a district or for the creation 5 of a district shall be paid by the district either in whole or 6 in part as the case may warrant. 7 Section 71. (1) The Florida Elections Commission and 8 all of its statutory powers, duties, and functions and all of 9 its records, personnel, property, and unexpended balances of 10 appropriations, allocations, or other funds are transferred by 11 a type one transfer, as defined in s. 20.06(1), Florida 12 Statutes, from the Department of State to the Department of 13 Legal Affairs, Office of the Attorney General. 14 (2) This section shall take effect July 1, 1997. 15 Section 72. Subsection (2) of section 104.271, Florida 16 Statutes, is amended to read: 17 104.271 False or malicious charges against, or false 18 statements about, opposing candidates; penalty.-- 19 (2) Any candidate who, in a primary election or other 20 election, with actual malice makes or causes to be made any 21 statement about an opposing candidate which is false is guilty 22 of a violation of this code. An aggrieved candidate may file 23 a complaint with the Florida Elections Commission Division of 24 Elections pursuant to s. 106.25. The commission division 25 shall adopt rules to provide an expedited hearing before the 26 Florida Elections Commission of complaints filed under this 27 subsection. Notwithstanding any other provision of law, the 28 Florida Elections commission shall assess a civil penalty of 29 up to $5,000 against any candidate found in violation of this 30 subsection, which shall be deposited to the account of the 31 General Revenue Fund of the state. 92 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Section 73. Subsection (2) of section 106.19, Florida 2 Statutes, is amended to read: 3 106.19 Violations by candidates, persons connected 4 with campaigns, and political committees.-- 5 (2) Any candidate, campaign treasurer, or deputy 6 treasurer; any chair, vice chair, or other officer of any 7 political committee; any agent or person acting on behalf of 8 any candidate or political committee; or any other person who 9 violates paragraph (a), paragraph (b), or paragraph (d) of 10 subsection (1) shall be subject to a civil penalty equal to 11 three 3 times the amount involved in the illegal act. Such 12 penalty may be in addition to the penalties provided by 13 subsection (1) and shall be paid into the General Revenue Fund 14 of this state. The Division of Elections shall have authority 15 to bring a civil action in circuit court to recover such civil 16 penalty. 17 Section 74. Subsection (7) of section 106.22, Florida 18 Statutes, is amended, and subsections (11) and (12) are added 19 to said section, to read: 20 106.22 Duties of the Division of Elections.--It is the 21 duty of the Division of Elections to: 22 (7) Report to the Florida Elections Commission any 23 failure to file a report or information required by this 24 chapter or any apparent violation of this chapter. 25 Investigate apparent or alleged violations of this chapter and 26 recommend legal disposition of the violation as provided in s. 27 106.25. 28 (11) Conduct preliminary investigations into any 29 irregularities or fraud involving voter registration or voting 30 and report its findings to the state attorney for the judicial 31 93 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 circuit in which the alleged violation occurred for 2 prosecution, where warranted. 3 (12) Conduct random audits with respect to reports and 4 statements filed under this chapter and with respect to 5 alleged failure to file any reports and statements required 6 under this chapter. 7 Section 75. Subsection (1) of section 106.23, Florida 8 Statutes, is amended to read: 9 106.23 Powers of the Division of Elections.-- 10 (1) In order to carry out the responsibilities 11 prescribed by s. 106.22 this chapter, the Division of 12 Elections is empowered to subpoena and bring before its duly 13 authorized representatives any person in the state, or any 14 person doing business in the state, or any person who has 15 filed or is required to have filed any application, document, 16 papers or other information with an office or agency of this 17 state or a political subdivision thereof and to require the 18 production of any papers, books, or other records relevant to 19 any investigation, including the records and accounts of any 20 bank or trust company doing business in this state. Duly 21 authorized representatives of the division are empowered to 22 administer all oaths and affirmations in the manner prescribed 23 by law to witnesses who shall appear before them concerning 24 any relevant matter. Should any witness fail to respond to 25 the lawful subpoena of the division or, having responded, fail 26 to answer all lawful inquiries or to turn over evidence that 27 has been subpoenaed, the division may file a complaint before 28 any circuit court of the state setting up such failure on the 29 part of the witness. On the filing of such complaint, the 30 court shall take jurisdiction of the witness and the subject 31 matter of said complaint and shall direct the witness to 94 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 respond to all lawful questions and to produce all documentary 2 evidence in the witness's possession which is lawfully 3 demanded. The failure of any witness to comply with such order 4 of the court shall constitute a direct and criminal contempt 5 of court, and the court shall punish said witness accordingly. 6 However, the refusal by a witness to answer inquiries or turn 7 over evidence on the basis that such testimony or material 8 will tend to incriminate such witness shall not be deemed 9 refusal to comply with the provisions of this chapter. 10 Section 76. Section 106.24, Florida Statutes, is 11 amended to read: 12 106.24 Florida Elections Commission; membership; 13 powers; duties.-- 14 (1)(a) There is created within the Department of Legal 15 Affairs, Office of the Attorney General, State a Florida 16 Elections Commission, hereinafter referred to as the 17 commission. The commission shall be a separate budget entity, 18 and its director shall be the agency head for all purposes. 19 The commission shall not be subject to control, supervision, 20 or direction by the Department of Legal Affairs or the 21 Attorney General State in the performance of its duties, 22 including, but not limited to, personnel, purchasing 23 transactions involving real or personal property, and 24 budgetary matters. 25 (b) The commission It shall be composed of nine seven 26 members. The President of the Senate, the Speaker of the 27 House of Representatives, the minority leader of the Senate, 28 and the minority leader of the House of Representatives shall 29 each provide a list of six nominees to the Governor for 30 initial appointment to the commission. The Governor may 31 appoint two members to the commission from each list. If the 95 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 Governor refuses to appoint two members from any of the 2 respective lists, the Governor shall so inform the nominating 3 officer and the nominating officer shall submit a new list of 4 six nominees within 30 days. The new list must contain at 5 least three nominees not included on the prior nominating 6 list, including a chair, all of whom shall be appointed by the 7 Governor with the approval of three members of the Cabinet and 8 subject to confirmation by the Senate. The ninth commission 9 member, who shall serve as chair of the commission, shall be 10 appointed by the Governor. The chair of the commission shall 11 serve for a maximum term of 4 years, such term to run 12 concurrently with the term of the appointing Governor and 13 until a future successor is appointed. Other members of the 14 commission appointed by the Governor shall serve for 4-year 15 terms and until their successors are appointed. The chair of 16 the commission shall be designated by the Governor. 17 (c) As the terms of members expire, excluding the 18 chair, successors shall be appointed to 4-year terms and shall 19 serve until their successors are appointed. Six months prior 20 to the expiration of a commission member's term, the ranking 21 officer of the political party in the respective house 22 originally nominating the commission member shall submit a 23 list of three nominees to the Governor. The Governor may 24 appoint one of the listed nominees to the commission. If no 25 nominee is selected from the list, the Governor shall so 26 inform the nominating officer, who shall submit a list of 27 three different nominees to the Governor within 30 days. 28 Vacancies on the commission shall expeditiously be filled for 29 the unexpired terms in the same manner of the original 30 appointment to the vacated position. 31 96 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 (d) As the term of the chair of the commission expires 2 or becomes vacant, a successor shall be appointed in the 3 manner of the original appointment, and shall serve for a 4 maximum of 4 years, such term to run concurrently with the 5 term of the appointing Governor and until a future successor 6 is appointed. 7 (e) In no event may any member Members of the 8 commission may not serve more than two full terms. Members of 9 the commission shall be paid travel and per diem as provided 10 in s. 112.061 while in performance of their duties and in 11 traveling to, from, and upon same. Of the nine seven members 12 of the commission, no more than five four members shall be 13 from the same political party at any one time. 14 (2) No member of the commission shall be a member of 15 any county, state, or national committee of a political party; 16 be an officer in any partisan political club or organization; 17 or hold, or be a candidate for, any other public office. No 18 person shall be appointed as a member of the commission who 19 has held an elective public office or office in a political 20 party within the year immediately preceding his or her 21 appointment. 22 (3) The commission shall convene at the call of its 23 chair or at the request of a majority of the members of the 24 commission. The presence of five four members is required to 25 constitute a quorum, and the affirmative vote of the majority 26 of the members present is required for any action or 27 recommendation by the commission. The commission may meet in 28 any city of the state. 29 (4) The commission shall appoint an executive 30 director, who shall serve under the direction, supervision, 31 and control of the commission. The executive director, with 97 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 the consent of the commission, shall employ such staff as are 2 necessary to adequately perform the functions of the 3 commission, within budgetary limitations. All employees, 4 except the executive director and attorneys, are subject to 5 part II of chapter 110. The executive director shall serve at 6 the pleasure of the commission and be subject to part III of 7 chapter 110, except that the commission shall have complete 8 authority for setting the executive director's salary. 9 Attorneys employed by the commission shall be subject to part 10 V of chapter 110. The Division of Elections shall provide 11 administrative support and services to the commission to carry 12 out its duties pursuant to this chapter. The division shall 13 employ such staff as are necessary to adequately perform the 14 functions of the commission, within budgetary limitations. 15 (5) Hearings shall be held before the commission, 16 except that the chair may direct that any hearing be held 17 before one member of the commission or a panel of less than 18 the full commission. The commission shall adopt rules to 19 provide for the filing of a report when hearings are held by a 20 single commissioner or a panel, which rules shall prescribe 21 the time for filing the report and the contents of the report. 22 (6) There is hereby established in the State Treasury 23 an Elections Commission Trust Fund to be utilized by the 24 Division of Elections and the Florida Elections Commission in 25 order to carry out their duties pursuant to ss. 106.24-106.28. 26 The trust fund may also be used by the division, pursuant to 27 its authority under s. 106.22(11), to provide rewards for 28 information leading to criminal convictions related to voter 29 registration fraud, voter fraud, and vote scams. 30 (7) The department, in consultation with The 31 commission, shall develop a budget request pursuant to chapter 98 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 216 annually. The budget is not subject to change by the 2 Department of Legal Affairs or the Attorney General, but it 3 which shall be submitted by the Department of Legal Affairs to 4 the Governor for transmittal to the Legislature. 5 (8) The commission is authorized to contract or 6 consult with appropriate agencies of state government for such 7 professional assistance as may be needed in the discharge of 8 its duties. The Department of Legal Affairs shall provide 9 legal and investigative assistance to the commission, upon 10 request, except in the instance in which the Attorney General 11 is a complainant or respondent in a complaint filed with the 12 commission or is otherwise involved in the complaint. 13 Section 77. Section 106.25, Florida Statutes, 1996 14 Supplement, is amended to read: 15 106.25 Reports of alleged violations to Florida 16 Elections Commission Department of State; disposition of 17 findings.-- 18 (1) Jurisdiction to investigate and determine 19 violations of this chapter is vested in the Division of 20 Elections and the Florida Elections Commission; however, 21 nothing in this section limits the jurisdiction of any other 22 officers or agencies of government empowered by law to 23 investigate, act upon, or dispose of alleged violations of 24 this code. 25 (2) The commission Division of Elections shall 26 investigate and report to the Florida Elections Commission all 27 violations of this chapter, but only after with or without 28 having received either a sworn complaint or information 29 reported to it by the Division of Elections, and may conduct 30 random audits and investigations with respect to reports and 31 statements filed under this chapter and with respect to the 99 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 alleged failure to file any reports and statements required 2 under this chapter. However, Any person, other than the 3 division, having information of any violation of this chapter 4 shall file a sworn complaint with the commission Division of 5 Elections. Such sworn complaint shall state whether a 6 complaint of the same violation has been made to any state 7 attorney. Within 5 days after receipt of a sworn complaint, 8 the commission shall transmit a copy of the complaint to the 9 alleged violator. 10 (3) For the purposes of Florida Elections commission 11 jurisdiction, a violation shall mean the willful performance 12 of an act prohibited by this chapter or the willful failure to 13 perform an act required by this chapter. 14 (4) The commission Division of Elections shall 15 undertake a preliminary investigation to determine if the 16 facts alleged in a sworn complaint or a matter initiated by 17 the division constitute probable cause to believe that a 18 violation has occurred. Upon completion of the preliminary 19 investigation, the commission division shall, by written 20 report, find probable cause or no probable cause to believe 21 that this chapter or s. 104.271 has been violated. 22 (a) If no probable cause is found, the commission 23 shall division may dismiss the case and the case shall become 24 a matter of public record, except as otherwise provided in 25 this section, together with a written statement of the 26 findings of the preliminary investigation and a summary of the 27 facts which the commission division shall send to the 28 complainant and the alleged violator. 29 (b) If probable cause is found, the commission 30 division shall so notify the complainant and the alleged 31 violator in writing and shall refer the case to the 100 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 commission. All documents made or received in the disposition 2 of the complaint shall become public records upon a finding by 3 the commission. 4 5 In a case where probable cause is found by the commission, the 6 commission shall make a preliminary determination to consider 7 the matter or to refer the matter to the state attorney for 8 the judicial circuit in which the alleged violation occurred. 9 (5) Where the commission does not refer the matter to 10 the state attorney, a hearing before a hearing officer from 11 the Division of Administrative Hearings shall be held pursuant 12 to chapter 120 if the commission receives a written request 13 for such a hearing from the alleged violator within 20 days of 14 receipt after the probable cause determination. 15 (6)(5) It is the duty of a state attorney receiving a 16 complaint referred by the commission to investigate the 17 complaint promptly and thoroughly; to undertake such criminal 18 or civil actions as are justified by law; and to report to the 19 commission the results of such investigation, the action 20 taken, and the disposition thereof. The failure or refusal of 21 a state attorney to prosecute or to initiate action upon a 22 complaint or a referral by the commission shall not bar 23 further action by the commission under this chapter. 24 (7)(6) Every sworn complaint filed pursuant to this 25 chapter with the Division of Elections or the Florida 26 Elections commission, every division investigation and 27 investigative report or other paper of the division or 28 commission with respect to a violation of this chapter, and 29 every proceeding of the commission with respect to a violation 30 of this chapter is confidential, is exempt from the provisions 31 of ss. 119.07(1) and 286.011, and is exempt from publication 101 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 in the Florida Administrative Weekly of any notice or agenda 2 with respect to any proceeding relating to such violation, 3 except under the following circumstances: 4 (a) As provided in subsection (6) (5); 5 (b) Upon a determination of probable cause or no 6 probable cause by the commission; or 7 (c) After a finding of no probable cause is made by 8 the division and the case is not appealed; or 9 (c)(d) For proceedings conducted with respect to 10 appeals of fines levied by filing officers for the late filing 11 of reports required by this chapter. 12 13 However, a complainant is not bound by the confidentiality 14 provisions of this section. In addition, confidentiality may 15 be waived in writing by the person against whom the complaint 16 has been filed or the investigation has been initiated. If a 17 finding of probable cause in a case is entered within 30 days 18 prior to the date of the election with respect to which the 19 alleged violation occurred, such finding and the proceedings 20 and records relating to such case shall not become public 21 until noon of the day following such election. When two or 22 more persons are being investigated by the commission division 23 with respect to an alleged violation of this chapter, the 24 division or the commission may not publicly enter a finding of 25 probable cause or no probable cause in the case until a 26 finding of probable cause or no probable cause for the entire 27 case has been determined. However, once the confidentiality 28 of any case has been breached, the person or persons under 29 investigation have the right to waive the confidentiality of 30 the case, thereby opening up the proceedings and records to 31 the public. Any person who discloses any information or 102 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 matter made confidential by the provisions of this subsection 2 commits a misdemeanor of the first degree, punishable as 3 provided in s. 775.082 or s. 775.083. 4 (7) Dismissal of a case by the division, based on a 5 finding of no probable cause, may be appealed to the 6 commission by the complainant. Any complainant intending to 7 appeal such dismissal must, within 30 days after the 8 dismissal, file a request for a hearing before the commission 9 with the division. 10 (8) Any person who files a complaint pursuant to this 11 section while knowing that the allegations contained in such 12 complaint are false or without merit commits a misdemeanor of 13 the first degree, punishable as provided in s. 775.082 or s. 14 775.083. 15 Section 78. Subsection (1) of section 106.26, Florida 16 Statutes, is amended, and subsections (13) and (14) are added 17 to said section, to read: 18 106.26 Powers of commission; rights and 19 responsibilities of parties; findings by commission.-- 20 (1) The commission shall, pursuant to rules adopted 21 and published in accordance with chapter 120, consider all 22 sworn complaints filed with it and all matters reported to it 23 by the Division of Elections or otherwise coming to its 24 attention, including appeals of division dismissals of cases 25 based on no probable cause. In order to carry out its duties, 26 the commission may, whenever required, issue subpoenas and 27 other necessary process to compel the attendance of witnesses 28 before it. The chair thereof shall issue said process on 29 behalf of the commission. The chair or any other member of 30 the commission may administer all oaths and affirmations in 31 the manner prescribed by law to witnesses who shall appear 103 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 before the commission for the purpose of testifying in any 2 matter about which the commission may desire evidence. The 3 commission, whenever required, may also compel by subpoena the 4 production of any books, letters, or other documentary 5 evidence it may desire to examine in reference to any matter 6 before it. The sheriffs in the several counties shall make 7 such service and execute all process or orders when required 8 by the commission. Sheriffs shall be paid for these services 9 by the commission as provided for in s. 30.231. Any person 10 who is served with a subpoena to attend a hearing of the 11 commission also shall be served with a general statement 12 informing him or her of the subject matter of the commission's 13 investigation or inquiry and a notice that he or she may be 14 accompanied at the hearing by counsel of his or her own 15 choosing. 16 (13) The commission by rule may determine violations 17 which constitute minor offenses that can be resolved without 18 further investigation by means of a plea of nolo contendere 19 and payment of a fine. 20 (14) The commission may not issue advisory opinions 21 and must, in all its deliberations and decisions, adhere to 22 statutory law and advisory opinions of the division. 23 Section 79. Subsection (2) of section 106.265, Florida 24 Statutes, is amended to read: 25 106.265 Civil penalties.-- 26 (2) If any person, political committee, committee of 27 continuous existence, or political party fails or refuses to 28 pay to the commission any civil penalties assessed pursuant to 29 the provisions of this section, the State Comptroller shall be 30 responsible for collecting the civil penalties resulting from 31 104 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 such action commission may bring an action in any circuit 2 court of this state to enforce such penalty. 3 Section 80. (1) Transition provisions.-- 4 (1)(a) The terms of all current members of the Florida 5 Elections Commission shall expire at the end of the day, 6 December 31, 1997, and new members shall be appointed to the 7 commission prior to that date pursuant to the provisions of s. 8 106.24, Florida Statutes, as amended by this act, except that, 9 in order to provide for staggered terms, the initial 10 appointments shall be for terms beginning January 1, 1998, as 11 follows: 12 1. Appointed nominees of the President of the Senate 13 and the minority leader of the Senate shall each serve for a 14 term of 3 years. 15 2. Appointed nominees of the Speaker of the House of 16 Representatives and the minority leader of the House of 17 Representatives shall each serve for a term of 2 years. 18 (b) Any current member of the commission may be 19 appointed to the newly constituted commission established by 20 this act. 21 (2) All complaints and other business pending before 22 the commission at the close of business on December 31, 1997, 23 shall be continued on January 1, 1998, by the newly 24 constituted commission established by this act. 25 (3) All records, personnel, property, and unexpended 26 balances of appropriations, allocations, or other funds in the 27 possession of or provided by the Division of Elections of the 28 Department of State as administrative support and services to 29 the Florida Elections Commission pursuant to s. 106.24(4), 30 Florida Statutes (1995), shall be transferred by a type two 31 transfer, as defined in s. 20.06(2), Florida Statutes, to the 105 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 newly constituted commission established by this act on 2 January 1, 1998. In addition, as provided in s. 20.06(2)(c), 3 Florida Statutes, the administrative rules of the division 4 governing such records, personnel, property, and funds which 5 are in effect immediately before such transfer shall remain in 6 effect until specifically changed in the manner provided by 7 law. 8 (4) In order to ease the transition to the newly 9 constituted commission established by this act: 10 (a) The current members of the commission shall: 11 1. Initiate the adoption of rules, in accordance with 12 chapter 120, Florida Statutes, necessary to carry out the 13 expanded powers and duties of the commission required by this 14 act. 15 2. Secure office space and do all things necessary to 16 permit the newly appointed members and staff of the commission 17 to begin operating on January 1, 1998. 18 (b) The director of the Division of Elections shall 19 act as an advisor to the members of the newly constituted 20 commission established by this act and shall provide 21 assistance, as needed, in the adoption of rules and the 22 assumption of duties from the division and former commission. 23 (2) This section shall take effect upon this act 24 becoming a law. 25 Section 81. Except as otherwise provided herein, this 26 act shall take effect January 1, 1998; however, the creation 27 of section 99.013, Florida Statutes, and the amendment of 28 sections 106.18, 106.25, and 106.26, Florida Statutes, by this 29 act, relating to residency requirements, and the amendment of 30 section 100.371, Florida Statutes, by this act, relating to 31 signature verification periods and random sampling for 106 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 proposed initiative amendments, shall take effect on the 2 effective date of amendments to the State Constitution 3 approved by the electors at the general election to be held in 4 November 1998 which authorize, or remove impediment to, 5 enactment by the Legislature of the provisions of those 6 sections. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 107 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 ***************************************** 2 HOUSE SUMMARY 3 Redefines what constitutes a contribution for purposes of 4 the cap on campaign contributions by a political party. Prohibits a political party from accepting a campaign 5 contribution specifically designated for the exclusive use of a particular candidate. Requires the reporting of 6 illegal campaign contributions. Provides enhanced penalties for repeat violations of campaign contribution 7 limits or prohibitions and for failure to report illegal campaign contributions or attempts to make illegal 8 campaign contributions. 9 Increases the fine for late filing of campaign finance 10 reports by candidates, political committees, committees of continuous existence, and political parties, and 11 provides for deposit of such fines in the Elections Commission Trust Fund. Eliminates an inoperable 12 provision relating to certain first-time offenders of reporting requirements. Prohibits political parties from 13 contributing to candidates more than the current amount candidates are allowed to accept from the parties. 14 Clarifies campaign finance reporting requirements for political parties. 15 16 Reduces the required minimum number of candidates that may be jointly endorsed by a political committee or a 17 political party regulated under ch. 103, F.S., without the expenditures for obtaining the time, space, or 18 services in or by any communications medium therefor being considered as contributions to or expenditures on 19 behalf of such candidates. 20 Eliminates the portion of the candidate filing fee and 21 municipal candidate election assessment assessed for purposes of public campaign financing. 22 23 Provides requirements for disposition and reporting of surplus funds resulting from refund checks received after 24 all other surplus funds have been disposed of. Restricts the amount of surplus funds that may be given to a 25 political party, effective at a specified future date. 26 Requires political advertisements, other than those 27 resulting from independent expenditures, offered by or in behalf of a candidate to be approved in advance by the 28 candidate and to state such approval and who paid for the advertisement. Provides requirements on political 29 advertisements paid for by independent expenditure or by a political party with respect to candidate approval or 30 lack thereof. Requires a telephone call supporting or opposing any candidate or elected public official to 31 identify each person or organization sponsoring the call, and provides that, if the expenditure for the telephone 108 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 call is a contribution to a candidate, the name of the candidate and the office sought must also be identified. 2 Prohibits a telephone call from stating or implying that the caller represents any person or organization unless 3 the person or organization so represented has given specific approval in writing to make such representation 4 or that the caller represents any nonexistent person or organization. Requires online computer messages placed 5 by a candidate, political party, political committee, or committee of continuous existence, or an agent thereof, 6 to include a statement disclosing all information required of political advertisements. 7 8 With respect to verification of signatures on petitions, provides that where a signed petition lists an address 9 other than the legal residence listed in the voter's registration, the supervisor of elections shall treat the 10 signature as if the voter had listed the address of registration. Requires advance payment for checking 11 signatures. 12 Requires each initiative amendment to be in a petition 13 format prescribed by the Division of Elections by rule. Requires the sponsor of a proposed initiative amendment 14 to give the division notice of the use of paid petition circulators. Requires the sponsor of a proposed 15 initiative amendment to provide the names and addresses of its paid petition circulators to the division. 16 Requires paid petition circulators to place their names and addresses on each petition form gathered and requires 17 the sponsor of the proposed initiative amendment to ensure that such information has been provided prior to 18 submission of the forms to the supervisors for verification. Prohibits the sponsor of a proposed 19 initiative amendment who pays to have signatures collected from filing an oath of undue burden in lieu of 20 paying the fee required to have signatures verified. Provides a signature verification period for each method 21 of verification. Clarifies a prohibition against signing a petition more than once, and prohibits the signing of 22 another person's name or a fictitious name on any petition for a candidate, a minor political party, or an 23 issue. Prohibits the sponsor of a proposed initiative amendment from submitting petitions by a paid petition 24 circulator without the name and address of the circulator on the petition form. With respect to proposed changes 25 relating to initiative petitions, provides applicability to petitions already initiated. 26 27 Eliminates the second primary election and provides for a single primary election, to be held earlier than the 28 first primary election is currently held. Provides for nomination by a plurality of the votes cast and provides 29 a method for deciding tie votes. Revises campaign financing reporting dates and the date and procedure for 30 mailing absentee ballots to overseas electors, to conform. Removes unnecessary language pertaining to 31 political party affiliation of candidates appearing on absentee ballots sent to overseas electors and language 109 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 that unnecessarily restricts the validity of such ballots, when marked and returned, to certain postmarks. 2 3 Expands the distance within which solicitation of voters is prohibited. Authorizes a supervisor of elections to 4 permit solicitation within the restricted zone under prescribed conditions. Authorizes the election board to 5 have disruptive persons removed by law enforcement officers. Requires the law enforcement officer assigned 6 to an election precinct to inform solicitors of the no-solicitation zone surrounding the polling place and to 7 remove unlawful or disruptive solicitors. 8 Requires that any public officer or candidate for public 9 office having a residency requirement under the State Constitution or state law have only one declared 10 residence, and provides factors to be considered in determining such residency. Requires candidates to meet 11 the residency requirement from the time of qualifying for office and appointed public officers to meet the 12 requirement from the time of appointment to the office. Provides for investigation, consideration, and 13 determination of residency violations by the Florida Elections Commission and provides the procedure therefor. 14 Requires omission from the ballot of the name of any candidate found in violation of the residency 15 requirement. 16 Authorizes the uniform statewide voter registration 17 application to be used for the purpose of replacement of a voter registration identification card. Revises the 18 contents of the uniform statewide voter registration application to eliminate date of signature and to include 19 provisions relating to felony conviction and adjudication of mental incapacity. Provides for an assessment on 20 requests for forms beyond a specified number from individuals or groups conducting voter registration 21 programs. Provides requirements for acceptance of requests for a replacement registration identification 22 card. Requires that an applicant provide additional information relating to citizenship, felony conviction, 23 and adjudication of mental incapacity on the voter registration form to establish eligibility. With respect 24 to registration identification cards, changes notification requirements to receive an updated or 25 replacement card. Modifies the information required on the precinct register. Increases the penalty for 26 willfully submitting false voter registration information. Prohibits the altering of a voter 27 registration application of another person without that person's knowledge and consent. Repeals obsolete 28 provisions relating to automation in processing of voter registrations by means of data processing cards and the 29 use of such cards at voting precincts. 30 Requires the Secretary of State to create and maintain a 31 central voter file. Provides that information in the central voter file not otherwise confidential or exempt 110 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 461 505-134B-97 1 from public records requirements is public information. Requires the central voter file to be self-sustaining. 2 Requires supervisors of elections to provide voter registration information to the division for the central 3 voter file. 4 Provides for voting system audits only upon specific 5 appropriation and directive of the Legislature. 6 Transfers the Florida Elections Commission from the 7 Department of State to the Department of Legal Affairs, Office of the Attorney General. Authorizes filing of 8 complaints with the commission relating to false statements about candidates. Eliminates authority of the 9 Division of Elections to bring civil actions to recover certain civil penalties. Deletes duties of the division 10 relating to investigation of complaints. Requires the division to report certain information to the commission. 11 Requires the division to conduct preliminary investigations into irregularities or fraud involving 12 voter registration or voting and report the findings to the appropriate authority for prosecution, where 13 warranted. Requires the division to perform random audits relating to reports and statements required to be 14 filed under ch. 106, F.S., relating to campaign financing. Restricts powers of the division to issue 15 subpoenas and administer oaths to specified duties. Increases membership of the commission. Revises 16 appointment procedures and criteria for membership on the commission. Revises administrative and organizational 17 structure of the commission. Provides for appointment of an executive director and employment of staff. 18 Authorizes the commission to contract or consult with other state agencies for assistance as needed. Vests the 19 commission with jurisdiction to investigate and determine violations of ch. 106, F.S. Requires transmittal of a 20 copy of a sworn complaint to the alleged violator, and provides for an administrative hearing upon written 21 request of the alleged violator. Provides rulemaking authority to the commission relating to its investigative 22 responsibilities. Prohibits the commission from issuing advisory opinions. Provides for establishment by rule of 23 minor offenses that may be resolved without further investigation by means of a plea of no contest and a 24 fine. Requires the commission to adhere to statutory law and advisory opinions of the division. Requires the 25 State Comptroller to collect fines resulting from actions of the commission in circuit court to enforce payment of 26 civil penalties. Provides for termination of terms of current members of the commission and appointment of new 27 members. Transfers to the commission all division records, personnel, property, and unexpended funds 28 associated with the complaint investigation process under ch. 106, F.S. Provides for transition from the current 29 commission to the newly constituted commission. 30 See bill for details. 31 111