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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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Flanagan offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

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)...

13

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

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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

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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

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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

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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

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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

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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.

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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