CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Flanagan offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Section 230.10, Florida Statutes, is
18 amended to read:
19 230.10 Election of board by districtwide vote.--The
20 election of members of the school board shall be by vote of
21 the qualified electors of the entire district in a nonpartisan
22 election. Each candidate for school board member shall, at
23 the time she or he qualifies, be a resident of the school
24 board member residence area from which the candidate seeks
25 election. Each candidate who qualifies to have her or his name
26 placed on the ballot of the general election shall be listed
27 according to the school board member residence area in which
28 she or he resides. Each qualified elector of the district
29 shall be entitled to vote for one candidate from each school
30 board member residence area. The candidate from each school
31 board member residence area who receives the highest number of
1
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 votes in the general election shall be elected to the school
2 board.
3 Section 2. Section 105.031, Florida Statutes, is
4 amended to read:
5 105.031 Qualification; filing fee; candidate's oath;
6 items required to be filed.--
7 (1) TIME OF QUALIFYING.--Except for candidates for
8 judicial office, nonpartisan candidates for multicounty office
9 shall qualify with the Division of Elections of the Department
10 of State and nonpartisan candidates for countywide or less
11 than countywide office shall qualify with the supervisor of
12 elections. Candidates for judicial office other than the
13 office of county court judge shall qualify with the Division
14 of Elections of the Department of State, and candidates for
15 the office of county court judge shall qualify with the
16 supervisor of elections of the county., Candidates shall
17 qualify no earlier than noon of the 50th day, and no later
18 than noon of the 46th day, before the first primary election.
19 Filing shall be on forms provided for that purpose by the
20 Division of Elections and furnished by the appropriate
21 qualifying officer. Any person seeking to qualify as a
22 candidate for circuit judge or county court judge by the
23 alternative method, as set forth in s. 105.035, if the person
24 has submitted the necessary petitions by the required deadline
25 and is notified after the fifth day prior to the last day for
26 qualifying that the required number of signatures has been
27 obtained, shall be entitled to subscribe to the candidate's
28 oath and file the qualifying papers at any time within 5 days
29 from the date he or she is notified that the necessary number
30 of signatures has been obtained. Any person other than a
31 write-in candidate who qualifies within the time prescribed in
2
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 this subsection shall be entitled to have his or her name
2 printed on the ballot.
3 (2) FILING IN GROUPS OR DISTRICTS.--Candidates shall
4 qualify in groups or districts where multiple judicial offices
5 are to be filled.
6 (3) QUALIFYING FEE.--Each candidate qualifying for
7 election to a judicial office or the office of school board
8 member, except write-in judicial candidates, shall, during the
9 time for qualifying, pay to the officer with whom he or she
10 qualifies a qualifying fee, which shall consist of a filing
11 fee and an election assessment, or qualify by the alternative
12 method. The amount of the filing fee is 3 percent of the
13 annual salary of the office sought. The amount of the election
14 assessment is 1 percent of the annual salary of the office
15 sought. The Department of State qualifying officer shall
16 forward all filing fees to the Department of Revenue for
17 deposit in the Elections Commission Trust General Revenue
18 Fund. The supervisor of elections shall forward all filing
19 fees to the Elections Commission Trust Fund. The election
20 assessment shall be deposited into the Elections Commission
21 Trust Fund. The annual salary of the office for purposes of
22 computing the qualifying fee shall be computed by multiplying
23 12 times the monthly salary authorized for such office as of
24 July 1 immediately preceding the first day of qualifying.
25 This subsection shall not apply to candidates qualifying for
26 retention to judicial office.
27 (4) CANDIDATE'S OATH.--
28 (a) All candidates for the office of school board
29 member shall subscribe to the oath as prescribed in s. 99.021.
30 (b) All candidates for judicial office shall subscribe
31 to an oath or affirmation in writing to be filed with the
3
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 appropriate qualifying officer upon qualifying. A printed
2 copy of the oath or affirmation shall be furnished to the
3 candidate by the qualifying officer and shall be in
4 substantially the following form:
5
6 State of Florida
7 County of ....
8 Before me, an officer authorized to administer oaths,
9 personally appeared ...(please print name as you wish it to
10 appear on the ballot)..., to me well known, who, being sworn,
11 says he or she: is a candidate for the judicial office of
12 ....; that his or her legal residence is .... County, Florida;
13 that he or she is a qualified elector of the state and of the
14 territorial jurisdiction of the court to which he or she seeks
15 election; that he or she is qualified under the constitution
16 and laws of Florida to hold the judicial office to which he or
17 she desires to be elected or in which he or she desires to be
18 retained; that he or she has taken the oath required by ss.
19 876.05-876.10, Florida Statutes; that he or she has qualified
20 for no other public office in the state, the term of which
21 office or any part thereof runs concurrent to the office he or
22 she seeks; and that he or she has resigned from any office
23 which he or she is required to resign pursuant to s. 99.012,
24 Florida Statutes.
25 ...(Signature of candidate)...
26 ...(Address)...
27
28 Sworn to and subscribed before me this .... day of ....,
29 19...., at .... County, Florida.
30 ...(Signature and title of officer administering oath)...
31 (5) ITEMS REQUIRED TO BE FILED.--
4
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (a) In order for a candidate for judicial office or
2 the office of school board member to be qualified, the
3 following items must be received by the filing officer by the
4 end of the qualifying period:
5 1. Except for candidates for retention to judicial
6 office For each candidate qualifying for the office of circuit
7 judge or county court judge, a properly executed check drawn
8 upon the candidate's campaign account in an amount not less
9 than the fee required by subsection (3) or, in lieu thereof,
10 the copy of the notice of obtaining ballot position pursuant
11 to s. 105.035. If a candidate's check is returned by the bank
12 for any reason, the filing officer shall immediately notify
13 the candidate and the candidate shall, the end of qualifying
14 notwithstanding, have 48 hours from the time such notification
15 is received, excluding Saturdays, Sundays, and legal holidays,
16 to pay the fee with a cashier's check purchased from funds of
17 the campaign account. Failure to pay the fee as provided in
18 this subparagraph shall disqualify the candidate.
19 2. The candidate's oath required by subsection (4),
20 which must contain the name of the candidate as it is to
21 appear on the ballot; the office sought, including the
22 district or group number if applicable; and the signature of
23 the candidate, duly acknowledged.
24 3. The loyalty oath required by s. 876.05, signed by
25 the candidate and duly acknowledged.
26 4. The completed form for the appointment of campaign
27 treasurer and designation of campaign depository, as required
28 by s. 106.021. In addition, each candidate for judicial
29 office, including an incumbent judge, shall file a statement
30 with the qualifying officer, within 10 days after filing the
31 appointment of campaign treasurer and designation of campaign
5
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 depository, stating that the candidate has read and
2 understands the requirements of the Florida Code of Judicial
3 Conduct. Such statement shall be in substantially the
4 following form:
5
6 Statement of Candidate for Judicial Office
7
8 I, ...(name of candidate)..., a judicial candidate, have
9 received, read, and understand the requirements of the Florida
10 Code of Judicial Conduct.
11 ...(Signature of candidate)...
12 ...(Date)...
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14 5. The full and public disclosure of financial
15 interests required by s. 8, Art. II of the State Constitution
16 or the statement of financial interests required by s.
17 112.3145, whichever is applicable.
18 (b) If the filing officer receives qualifying papers
19 that do not include all items as required by paragraph (a)
20 prior to the last day of qualifying, the filing officer shall
21 make a reasonable effort to notify the candidate of the
22 missing or incomplete items and shall inform the candidate
23 that all required items must be received by the close of
24 qualifying. A candidate's name as it is to appear on the
25 ballot may not be changed after the end of qualifying.
26 Section 3. Section 105.035, Florida Statutes, is
27 amended to read:
28 105.035 Alternative method of qualifying for certain
29 judicial offices and the office of school board member.--
30 (1) A person seeking to qualify for election to the
31 office of circuit judge or county court judge or the office of
6
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 school board member who is unable to pay the qualifying fee
2 without imposing an undue burden on his or her personal
3 resources or on resources otherwise available to him or her
4 may qualify for election to such office by means of the
5 petitioning process prescribed in this section. A person
6 qualifying by this alternative method shall not be required to
7 pay the qualifying fee required by this chapter. A person
8 using this petitioning process shall file an oath with the
9 officer before whom the candidate would qualify for the office
10 stating that he or she intends to qualify by this alternative
11 method for the office sought and stating that he or she is
12 unable to pay the qualifying fee for the office without
13 imposing an undue burden on his or her resources or on
14 resources otherwise available to him or her. Such oath shall
15 be filed at any time after the first Tuesday after the first
16 Monday in January of the year in which the election is held,
17 but prior to the 21st day preceding the first day of the
18 qualifying period for the office sought. The form of such oath
19 shall be prescribed by the Division of Elections. No
20 signatures shall be obtained until the person has filed the
21 oath prescribed in this subsection.
22 (2) Upon receipt of a written oath from a candidate,
23 the qualifying officer shall provide the candidate with a
24 petition format forms in sufficient numbers to facilitate the
25 gathering of signatures pursuant to this section. No
26 signature shall be counted toward the number of signatures
27 required unless it is on a petition form prescribed pursuant
28 to this subsection. Such forms shall be prescribed by the
29 Division of Elections to be used by the candidate to reproduce
30 petitions for circulation. If the candidate is running for an
31 office which will be grouped on the ballot with two or more
7
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 similar offices to be filled at the same election, the
2 candidate's petition must indicate, prior to the obtaining of
3 registered electors' signatures, for which group or district
4 office the candidate is running.
5 (3) Each A candidate for election to a judicial office
6 or the office of school board member the office of circuit
7 judge shall obtain the signature of a number of qualified
8 electors equal to at least 3 percent of the total number of
9 registered electors of the district, circuit, county, or other
10 geographic entity represented by the office sought judicial
11 circuit as shown by the compilation by the Department of State
12 for the last preceding general election. A candidate for the
13 office of county court judge shall obtain the signatures of a
14 number of qualified electors equal to at least 3 percent of
15 the total number of registered electors of the county, as
16 shown by the compilation by the Department of State for the
17 last preceding general election. A separate petition shall be
18 circulated for each candidate availing himself or herself of
19 the provisions of this section.
20 (4)(a) Each candidate seeking to qualify for election
21 to the office of circuit judge or the office of school board
22 member from a multicounty school district pursuant to this
23 section shall file a separate petition from each county from
24 which signatures are sought. Each petition shall be
25 submitted, prior to noon of the 21st day preceding the first
26 day of the qualifying period for the office sought, to the
27 supervisor of elections of the county for which such petition
28 was circulated. Each supervisor of elections to whom a
29 petition is submitted shall check the signatures on the
30 petition to verify their status as electors of that county and
31 of the geographic area represented by the office sought within
8
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 the judicial circuit. Prior to the first date for qualifying,
2 the supervisor shall certify the number shown as registered
3 electors of that county within the circuit and submit such
4 certification to the Division of Elections. The division
5 shall determine whether the required number of signatures has
6 been obtained for the name of the candidate to be placed on
7 the ballot and shall notify the candidate. If the required
8 number of signatures has been obtained, the candidate shall,
9 during the time prescribed for qualifying for office, submit a
10 copy of such notice and file his or her qualifying papers and
11 oath prescribed in s. 105.031 with the Division of Elections.
12 Upon receipt of the copy of such notice and qualifying papers,
13 the division shall certify the name of the candidate to the
14 appropriate supervisor or supervisors of elections as having
15 qualified for the office sought.
16 (b) Each candidate seeking to qualify for election to
17 the office of county court judge or the office of school board
18 member from a single county school district pursuant to this
19 section shall submit his or her petition, prior to noon of the
20 21st day preceding the first day of the qualifying period for
21 the office sought, to the supervisor of elections of the
22 county for which such petition was circulated. The supervisor
23 shall check the signatures on the petition to verify their
24 status as electors of the county and of the geographic area
25 represented by the office sought. Prior to the first date for
26 qualifying, the supervisor shall determine whether the
27 required number of signatures has been obtained for the name
28 of the candidate to be placed on the ballot and shall notify
29 the candidate. If the required number of signatures has been
30 obtained, the candidate shall, during the time prescribed for
31 qualifying for office, submit a copy of such notice and file
9
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 his or her qualifying papers and oath prescribed in s. 105.031
2 with the qualifying officer supervisor of elections. Upon
3 receipt of the copy of such notice and qualifying papers by
4 the supervisor of elections, such candidate shall be entitled
5 to have his or her name printed on the ballot.
6 Section 4. Section 105.041, Florida Statutes, is
7 amended to read:
8 105.041 Form of ballot.--
9 (1) BALLOTS.--The names of candidates for judicial
10 office and candidates for the office of school board member
11 which appear on the ballot at the first primary election shall
12 either be grouped together on a separate portion of the ballot
13 or on a separate ballot. The names of candidates for judicial
14 office and candidates for the office of school board member
15 which appear on the ballot at the general election and the
16 names of justices and judges seeking retention to office shall
17 be grouped together on a separate portion of the general
18 election ballot.
19 (2) LISTING OF CANDIDATES.--The order of nonpartisan
20 offices appearing on the ballot shall be determined by the
21 Department of State. The names of all candidates for each
22 nonpartisan the office of circuit judge or the office of
23 county court judge shall be listed in alphabetical order.
24 With respect to justices and judges of district courts of
25 appeal, the question "Shall Justice (or Judge) (name of
26 justice or judge) of the (name of the court) be retained in
27 office?" shall appear on the ballot and thereafter the words
28 "Yes" and "No."
29 (3) REFERENCE TO PARTY AFFILIATION PROHIBITED.--No
30 reference to political party affiliation shall appear on any
31 ballot with respect to any nonpartisan judicial office or
10
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 candidate.
2 (4) WRITE-IN CANDIDATES.--Space shall be made
3 available on the general election ballot for an elector to
4 write in the name of a write-in candidate for judge of a
5 circuit court or county court or member of a school board if a
6 candidate has qualified as a write-in candidate for such
7 office pursuant to s. 105.031. This subsection shall not apply
8 to the offices of justices and judges seeking retention.
9 Section 5. Section 105.051, Florida Statutes, is
10 amended to read:
11 105.051 Determination of election to judicial
12 office.--
13 (1)(a) The name of an unopposed candidate for the
14 office of circuit judge or county court judge shall not appear
15 on any ballot, and such candidate shall be deemed to have
16 voted for himself or herself at the general election.
17 (b) If two or more candidates, neither of whom is a
18 write-in candidate, qualify for such an office, the names of
19 those candidates shall be placed on the ballot at the first
20 primary election. If any candidate for such office receives a
21 majority of the votes cast for such office in the first
22 primary election, the name of the candidate who receives such
23 majority shall not appear on any other ballot unless a
24 write-in candidate has qualified for such office. An
25 unopposed candidate shall be deemed to have voted for himself
26 or herself at the general election. If no candidate for such
27 office receives a majority of the votes cast for such office
28 in the first primary election, the names of the two candidates
29 receiving the highest number of votes for such office shall be
30 placed on the general election ballot. If more than two
31 candidates receive an equal and highest number of votes, the
11
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 name of each candidate receiving an equal and highest number
2 of votes shall be placed on the general election ballot. In
3 any contest in which there is a tie for second place and the
4 candidate placing first did not receive a majority of the
5 votes cast for such office, the name of the candidate placing
6 first and the name of each candidate tying for second shall be
7 placed on the general election ballot.
8 (c) The candidate who receives the highest number of
9 votes cast for the office in the general election shall be
10 elected to such office. If the vote at the general election
11 results in a tie, the outcome shall be determined by lot.
12 (2) With respect to any justice of the Supreme Court
13 or judge of a district court of appeal who qualifies to run
14 for retention in office, the question prescribed in s.
15 105.041(2) shall be placed on the ballot at the general
16 election. If a majority of the qualified electors voting on
17 such question within the territorial jurisdiction of the court
18 vote for retention, the justice or judge shall be retained for
19 a term of 6 years commencing on the first Tuesday after the
20 first Monday in January following the general election. If
21 less than a majority of the qualified electors voting on such
22 question within the territorial jurisdiction of the court vote
23 for retention, a vacancy shall exist in such office upon the
24 expiration of the term being served by the justice or judge.
25 Section 6. Section 105.055, Florida Statutes, is
26 created to read:
27 105.055 Determination of election to the office of
28 school board member.--
29 (1) The name of an unopposed candidate for the office
30 of school board member shall not appear on any ballot, and
31 such candidate shall be deemed to have voted for himself or
12
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 herself at the general election.
2 (2) If only two candidates, neither of whom is a
3 write-in candidate, qualify for such an office, the names of
4 those candidates shall be placed on the general election
5 ballot.
6 (3) If more than two candidates, none of whom is a
7 write-in candidate, qualify for such an office, the names of
8 those candidates shall be placed on the ballot at the first
9 primary election. The names of the two candidates receiving
10 the highest number of votes for such office shall be placed on
11 the general election ballot. If more than two candidates
12 receive an equal and highest number of votes, the name of each
13 candidate receiving an equal and highest number of votes shall
14 be placed on the ballot at the second primary election. The
15 names of the two candidates receiving the highest number of
16 votes for such office at the second primary election shall be
17 placed on the general election ballot. In any contest in which
18 there is a tie for second place, the name of the candidate
19 placing first shall be placed on the general election ballot
20 and the name of each candidate tying for second place shall be
21 placed on the ballot at the second primary election, and the
22 candidate who receives the highest number of votes cast for
23 such office at the second primary election shall have his or
24 her name placed on the general election ballot.
25 (4) The candidate who receives the highest number of
26 votes cast for the office in the general election shall be
27 elected to such office. If the vote at the general election
28 results in a tie, the outcome shall be determined by lot.
29 Section 7. Section 105.061, Florida Statutes, is
30 amended to read:
31 105.061 Electors qualified to vote.--
13
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 (1) Each qualified elector of the territorial
2 jurisdiction of a court shall be eligible to vote for a
3 candidate for each judicial office of such court or, in the
4 case of a justice of the Supreme Court or a judge of a
5 district court of appeal, for or against retention of such
6 justice or judge.
7 (2) The election of members of a school board shall be
8 by vote of the qualified electors as prescribed in chapter
9 230.
10 Section 8. Section 105.071, Florida Statutes, is
11 amended to read:
12 105.071 Candidates for judicial office; limitations on
13 political activity.--A candidate for judicial office shall
14 not:
15 (1) Participate in any partisan political party
16 activities, except that such candidate may register to vote as
17 a member of any political party and may vote in any party
18 primary for candidates for nomination of the party in which
19 she or he is registered to vote.
20 (2) Campaign as a member of any political party.
21 (3) Publicly represent or advertise herself or himself
22 as a member of any political party.
23 (4) Endorse any candidate.
24 (5) Make political speeches other than in the
25 candidate's own behalf.
26 (6) Make contributions to political party funds.
27 (7) Accept contributions from any political party.
28 (8) Solicit contributions for any political party.
29 (9) Accept or retain a place on any political party
30 committee.
31 (10) Make any contribution to any person, group, or
14
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 organization for its endorsement to judicial office.
2 (11) Agree to pay all or any part of any advertisement
3 sponsored by any person, group, or organization wherein the
4 candidate may be endorsed for judicial office by any such
5 person, group, or organization.
6
7 A candidate for judicial office or retention therein who
8 violates the provisions of this section is liable for a civil
9 fine of up to $1,000 to be determined by the Florida Elections
10 Commission guilty of a misdemeanor of the first degree,
11 punishable as provided in s. 775.082 or s. 775.083.
12 Section 9. Section 105.08, Florida Statutes, is
13 amended to read:
14 105.08 Campaign contribution and expense; reporting.--
15 (1) A candidate for judicial office or the office of
16 school board member may accept contributions and may incur
17 only such expenses as are authorized by law. Each such
18 candidate shall keep an accurate record of his or her
19 contributions and expenses, and shall file reports pursuant to
20 chapter 106 thereof on the same basis as is required of a
21 candidate for a nonjudicial state office.
22 (2) Notwithstanding any other provision of this
23 chapter or chapter 106, a candidate for retention as a justice
24 of the Supreme Court or a judge of a district court of appeal
25 who has not received any contribution or made any expenditure
26 may file a sworn statement at the time of qualifying that he
27 or she does not anticipate receiving contributions or making
28 expenditures in connection with the candidacy for retention to
29 office. Such candidate shall file a final report pursuant to
30 s. 106.141, within 90 days following the general election for
31 which the candidate's name appeared on the ballot for
15
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 retention. Any such candidate for retention to judicial office
2 who, after filing a statement pursuant to this subsection,
3 receives any contribution or makes any expenditure in
4 connection with the candidacy for retention shall immediately
5 file a statement to that effect with the qualifying officer
6 and shall begin filing reports as an opposed candidate
7 pursuant to s. 106.07.
8 Section 10. Subsection (1) of section 99.061, Florida
9 Statutes, is amended to read:
10 99.061 Method of qualifying for nomination or election
11 to federal, state, county, or district office.--
12 (1) The provisions of any special act to the contrary
13 notwithstanding, each person seeking to qualify for nomination
14 or election to a federal, state, or multicounty district
15 office, other than election to a judicial office as defined in
16 chapter 105 or the office of school board member, shall file
17 his or her qualification papers with, and pay the qualifying
18 fee, which shall consist of the filing fee and election
19 assessment, and party assessment, if any has been levied, to,
20 the Department of State, or qualify by the alternative method
21 with the Department of State, at any time after noon of the
22 1st day for qualifying, which shall be as follows: the 120th
23 day prior to the first primary, but not later than noon of the
24 116th day prior to the date of the first primary, for persons
25 seeking to qualify for nomination or election to federal
26 office; and noon of the 50th day prior to the first primary,
27 but not later than noon of the 46th day prior to the date of
28 the first primary, for persons seeking to qualify for
29 nomination or election to a state or multicounty district
30 office. However, the qualifying fee, if any, paid by an
31 independent candidate or a minor party candidate shall be
16
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 refunded to such candidate by the qualifying officer within 10
2 days from the date that the determination is made that such
3 candidate or minor party failed to obtain the required number
4 of signatures.
5 Section 11. Subsection (4) of section 101.141, Florida
6 Statutes, is amended to read:
7 101.141 Specifications for primary election
8 ballot.--In counties in which voting machines are not used,
9 and in other counties for use as absentee ballots not designed
10 for tabulation by an electronic or electromechanical voting
11 system, the primary election ballot shall conform to the
12 following specifications:
13 (4) The ballot shall have the headings, under which
14 appear the names of the offices and the candidates for the
15 respective offices alphabetically arranged as to surnames, in
16 the following order: the heading "Congressional" and
17 thereunder the offices of United States Senator and
18 Representative in Congress; the heading "State" and thereunder
19 the offices of Governor and Lieutenant Governor, Secretary of
20 State, Attorney General, Comptroller, Treasurer, Commissioner
21 of Education, Commissioner of Agriculture, state attorney, and
22 public defender; the heading "Legislative" and thereunder the
23 offices of state senator and state representative; the heading
24 "County" and thereunder clerk of the circuit court, clerk of
25 the county court (when authorized by law), sheriff, property
26 appraiser, tax collector, district superintendent of schools,
27 and supervisor of elections. Thereafter follows: members of
28 the board of county commissioners, members of the district
29 school board, and such other county and district offices as
30 are involved in the primary election, in the order fixed by
31 the Department of State, followed, in the years of their
17
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 election, by "Party offices," and thereunder the offices of
2 state and county party executive committee members.
3 Immediately following the name of each office on the ballot
4 shall be printed, "Vote for One." When more than one
5 candidate is to be nominated for office, the candidates for
6 such office shall qualify and run in a group or district. The
7 group or district number shall be printed beneath the name of
8 the office. The names of candidates in the respective group
9 or district shall be arranged thereunder in alphabetical order
10 as to surnames, and following the group or district number
11 there shall be printed the words, "Vote for One." The name of
12 the office shall be printed over each numbered group or
13 district and each numbered group or district shall be clearly
14 separated from the next numbered group or district, the same
15 as in the case of single offices. When two or more candidates
16 running for the same office have the same or similar surname
17 and one candidate is currently holding that office, the word
18 "Incumbent" shall be printed next to the incumbent's name. If
19 in any primary election all the offices as above set forth are
20 not involved, those offices to be filled shall be arranged on
21 the ballot in the order named.
22 Section 12. Paragraph (a) of subsection (3) of section
23 101.151, Florida Statutes, is amended to read:
24 101.151 Specifications for general election
25 ballot.--In counties in which voting machines are not used,
26 and in other counties for use as absentee ballots not designed
27 for tabulation by an electronic or electromechanical voting
28 system, the general election ballot shall conform to the
29 following specifications:
30 (3)(a) Beneath the caption and preceding the names of
31 candidates shall be the following words: "To vote for a
18
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 candidate whose name is printed on the ballot, place a cross
2 (X) mark in the blank space at the right of the name of the
3 candidate for whom you desire to vote. To vote for a write-in
4 candidate, write the name of the candidate in the blank space
5 provided for that purpose." The ballot shall have headings
6 under which shall appear the names of the offices and names of
7 duly nominated candidates for the respective offices in the
8 following order: the heading "Electors for President and Vice
9 President" and thereunder the names of the candidates for
10 President and Vice President of the United States nominated by
11 the political party which received the highest vote for
12 Governor in the last general election of the Governor in this
13 state, above which shall appear the name of said party. Then
14 shall appear the names of other candidates for President and
15 Vice President of the United States who have been properly
16 nominated. Votes cast for write-in candidates for President
17 and Vice President shall be counted as votes cast for the
18 presidential electors supporting such candidates. Then shall
19 follow the heading "Congressional" and thereunder the offices
20 of United States Senator and Representative in Congress; then
21 the heading "State" and thereunder the offices of Governor and
22 Lieutenant Governor, Secretary of State, Attorney General,
23 Comptroller, Treasurer, Commissioner of Education,
24 Commissioner of Agriculture, state attorney, and public
25 defender, together with the names of the candidates for each
26 office and the title of the office which they seek; then the
27 heading "Legislative" and thereunder the offices of state
28 senator and state representative; then the heading "County"
29 and thereunder clerk of the circuit court, clerk of the county
30 court (when authorized by law), sheriff, property appraiser,
31 tax collector, district superintendent of schools, and
19
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 supervisor of elections. Thereafter follows: members of the
2 board of county commissioners, members of the district school
3 board, and such other county offices as are involved in the
4 general election, in the order fixed by the Department of
5 State. When a write-in candidate has qualified for any
6 office, a subheading "Write-in Candidate for ...(name of
7 office)..." shall be provided followed by a blank space in
8 which to write the name of the candidate. With respect to
9 write-in candidates, if two or more candidates are seeking
10 election to one office, only one blank space shall be
11 provided.
12 Section 13. Subsection (2) of section 101.251, Florida
13 Statutes, is amended to read
14 101.251 Information which supervisor of elections must
15 print on ballots.--
16 (2) In addition to the names printed on the ballot as
17 provided in subsection (1), the supervisor of elections of
18 each county shall have printed on the general election ballot
19 to be used in the county the names of the nonpartisan
20 candidates judicial officers, as defined in chapter 105, who
21 are entitled to have their names printed on the ballot, and
22 minor party and independent candidates who have obtained a
23 position on the general election ballot in compliance with the
24 requirements of this code.
25 Section 14. Subsection (1) of section 230.061, Florida
26 Statutes, is amended to read:
27 230.061 School board member residence areas.--
28 (1) For the purpose of nominating and electing school
29 board members, each district shall be divided into at least
30 five district school board member residence areas, which shall
31 be numbered one to five, inclusive, and which shall, as nearly
20
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 as practicable, be equal in population.
2 (a) For those school districts, which have seven
3 school board members, the district may be divided into five
4 district school board member residence areas, with two school
5 board members elected at large, or the district may be divided
6 into seven district school board member residence areas. In
7 the latter case, the residence areas shall be numbered one to
8 seven inclusive and shall be equal in population as nearly as
9 practicable.
10 (b) For those school districts which have seven school
11 board members, the number of district school board member
12 residence areas shall be determined by resolution passed by a
13 majority vote of the district school board. No district
14 school board shall be required to change the boundaries of the
15 district school board member residence areas in accordance
16 with the provisions of this act prior to July 1, 1981.
17 Section 15. Subsection (2) of section 230.105, Florida
18 Statutes, is amended to read:
19 230.105 Alternate procedure for the election of
20 district school board members to provide for single-member
21 representation.--
22 (2) District school board members shall be nominated
23 and elected to office in accordance with the provisions of ss.
24 230.061 and 230.10, or as otherwise provided by law, unless a
25 proposition calling for single-member representation within
26 the residence areas of the district is submitted to and
27 approved by a majority of the qualified electors voting on
28 such proposition in the manner provided in subsection (3).
29 (a) If the school board is composed of five members,
30 such proposition shall provide that the five members shall
31 reside one in each of five residence areas, the areas together
21
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 covering the entire district and as nearly equal in population
2 as practicable, pursuant to s. 230.061, each of whom shall be
3 nominated and elected only by the qualified electors who
4 reside in the same residence area as the member.
5 (b) If the school board is composed of seven members,
6 at the option of the school board, such proposition shall
7 provide that:
8 1. Five of the seven members shall reside one in each
9 of five residence areas, the areas together covering the
10 entire district and as nearly equal in population as
11 practicable, pursuant to s. 230.061, each of whom shall be
12 nominated and elected only by the qualified electors who
13 reside in the same residence area as the member, and two of
14 the seven members shall be nominated and elected at large; or
15 2. All seven members shall reside one in each of seven
16 residence areas, the areas together covering the entire
17 district and as nearly equal in population as practicable,
18 pursuant to s. 230.061, each of whom shall be nominated and
19 elected only by the qualified electors who reside in the same
20 residence area as the member.
21 (c) All members shall be elected for 4-year terms, but
22 such terms shall be staggered so that, alternately, one more
23 or one less than half of the members elected from residence
24 areas and, if applicable, one of the members elected at large
25 from the entire district are elected every 2 years. Any
26 member may be elected to an initial term of less than 4 years
27 if necessary to achieve or maintain such system of staggered
28 terms.
29 Section 16. Section 230.08, Florida Statutes, is
30 repealed.
31 Section 17. Paragraph (a) of subsection (12) of
22
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 section 228.053, Florida Statutes, is amended to read:
2 228.053 Developmental research schools.--
3 (12) EXCEPTIONS TO LAW.--To encourage innovative
4 practices and facilitate the mission of the developmental
5 research schools, in addition to the exceptions to law
6 specified in s. 229.592(6), the following exceptions shall be
7 permitted for developmental research schools:
8 (a) The methods and requirements of the following
9 statutes shall be held in abeyance: ss. 230.01; 230.02;
10 230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;
11 230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;
12 230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;
13 230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;
14 230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;
15 230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;
16 236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;
17 236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;
18 236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;
19 236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;
20 and 316.75. With the exception of subsection (16) of s.
21 230.23, s. 230.23 shall be held in abeyance. Reference to
22 school boards in s. 230.23(16) shall mean the president of the
23 university or the president's designee.
24
25 Notwithstanding the request provisions of s. 229.592(6),
26 developmental research schools shall request all waivers
27 through the Joint Developmental Research School Planning,
28 Articulation, and Evaluation Committee, as established in s.
29 228.054. The committee shall approve or disapprove said
30 requests pursuant to this subsection and s. 229.592(6);
31 however, the Commissioner of Education shall have standing to
23
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 challenge any decision of the committee should it adversely
2 affect the health, safety, welfare, or civil rights of the
3 students or public interest. The department shall immediately
4 notify the committee and developmental research school of the
5 decision and provide a rationale therefor.
6 Section 18. This act shall take effect January 1,
7 2000.
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 1, beginning on line 2 through page 2, line 5
13 remove from the title of the bill: all of said lines
14
15 and insert in lieu thereof:
16 An act relating to elections; amending s.
17 230.10, F.S.; providing for the election of
18 school board members in a nonpartisan election;
19 amending s. 105.031, F.S.; providing
20 requirements for qualifying for nonpartisan
21 office; requiring a statement of judicial
22 candidates relating to the Code of Judicial
23 Conduct; amending s. 105.035, F.S.; providing
24 an alternative method of qualifying for
25 nonpartisan school board candidates;
26 eliminating the requirement for an undue burden
27 oath; amending s. 105.041, F.S.; revising
28 ballot requirements for nonpartisan candidates;
29 amending s. 105.051, F.S.; relating to
30 determination of election to judicial office;
31 creating s. 105.055, F.S.; providing for
24
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HOUSE AMENDMENT
Bill No. SB 756, 1st Eng.
Amendment No. 1 (for drafter's use only)
1 determination of election to the office of
2 school board member; amending s. 105.061, F.S.;
3 specifying the electors who are eligible to
4 vote for nonpartisan school board candidates;
5 amending s. 105.071, F.S., relating to
6 limitations on political activity by candidates
7 for judicial office; revising penalties;
8 amending s. 105.08, F.S.; providing for
9 reporting of contributions and expenditures for
10 nonpartisan school board candidates; amending
11 ss. 99.061, 101.141, 101.151, 101.251, 230.061,
12 and 230.105, F.S., to conform; repealing s.
13 230.08, F.S., relating to nomination of
14 candidates for the office of school board
15 member; amending s. 228.053, F.S.; correcting a
16 cross reference; providing an effective date.
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