Senate Bill 0756

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    Florida Senate - 1999                                   SB 756

    By the Committee on Ethics and Elections; and Senators
    Saunders, Carlton, Meek, Hargrett, Sebesta, Kirkpatrick and
    Rossin



    313-705A-99

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         230.10, F.S.; providing for the election of

  4         school board members in a nonpartisan election;

  5         amending s. 105.031, F.S.; providing for

  6         qualifying for nonpartisan office; amending s.

  7         105.035, F.S.; providing an alternative method

  8         of qualifying for nonpartisan candidates;

  9         eliminating the requirement for an undue burden

10         oath; amending s. 105.041, F.S.; revising

11         ballots for nonpartisan candidates; amending s.

12         105.051, F.S.; providing for determination of

13         election for nonpartisan candidates; amending

14         s. 105.061, F.S.; providing for the electors

15         that are eligible to vote for nonpartisan

16         candidates; amending s. 105.08, F.S.; providing

17         for reporting of contributions and expenditures

18         for nonpartisan candidates; amending ss.

19         99.061, 101.141, 101.151, 101.251, 230.061,

20         230.105, F.S.; conforming provisions; repealing

21         s. 105.09, F.S., relating to endorsement of

22         judicial candidates by partisan organizations;

23         repealing s. 230.08, F.S., relating to

24         nomination of candidates for school board;

25         amending s. 228.053, F.S.; correcting a

26         cross-reference; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Section 230.10, Florida Statutes, is

31  amended to read:

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  1         230.10  Election of board by districtwide vote.--The

  2  election of members of the school board shall be by vote of

  3  the qualified electors of the entire district in a nonpartisan

  4  election.  Each candidate for school board member shall, at

  5  the time she or he qualifies, be a resident of the school

  6  board member residence area from which the candidate seeks

  7  election. Each candidate who qualifies to have her or his name

  8  placed on the ballot of the general election shall be listed

  9  according to the school board member residence area in which

10  she or he resides.  Each qualified elector of the district

11  shall be entitled to vote for one candidate from each school

12  board member residence area.  The candidate from each school

13  board member residence area who receives the highest number of

14  votes in the general election shall be elected to the school

15  board.

16         Section 2.  Section 105.031, Florida Statutes, is

17  amended to read:

18         105.031  Qualification; filing fee; candidate's oath;

19  items required to be filed.--

20         (1)  TIME OF QUALIFYING.--Except for candidates for

21  judicial office, nonpartisan candidates for multicounty office

22  shall qualify with the Division of Elections of the Department

23  of State and nonpartisan candidates for countywide or less

24  than countywide office shall qualify with the supervisor of

25  elections. Candidates for judicial office other than the

26  office of county court judge shall qualify with the Division

27  of Elections of the Department of State, and candidates for

28  the office of county court judge shall qualify with the

29  supervisor of elections of the county., Candidates shall

30  qualify no earlier than noon of the 50th day, and no later

31  than noon of the 46th day, before the first primary election.

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  1  Filing shall be on forms provided for that purpose by the

  2  Division of Elections and furnished by the appropriate

  3  qualifying officer.  Any person seeking to qualify as a

  4  candidate for circuit judge or county court judge by the

  5  alternative method, if the person has submitted the necessary

  6  petitions by the required deadline and is notified after the

  7  fifth day prior to the last day for qualifying that the

  8  required number of signatures has been obtained, shall be

  9  entitled to subscribe to the candidate's oath and file the

10  qualifying papers at any time within 5 days from the date he

11  or she is notified that the necessary number of signatures has

12  been obtained.  Any person other than a write-in candidate who

13  qualifies within the time prescribed in this subsection shall

14  be entitled to have his or her name printed on the ballot.

15         (2)  FILING IN GROUPS OR DISTRICTS.--Candidates shall

16  qualify in groups or districts where multiple judicial offices

17  are to be filled.

18         (3)  QUALIFYING FEE.--Each candidate qualifying for

19  election to a nonpartisan judicial office, except write-in

20  judicial candidates, shall, during the time for qualifying,

21  pay to the officer with whom he or she qualifies a qualifying

22  fee, which shall consist of a filing fee and an election

23  assessment, or qualify by the alternative method.  The amount

24  of the filing fee is 3 percent of the annual salary of the

25  office sought. The amount of the election assessment is 1

26  percent of the annual salary of the office sought.  The

27  Department of State qualifying officer shall forward all

28  filing fees to the Department of Revenue for deposit in the

29  General Revenue Fund. The supervisor of elections shall

30  forward all filing fees to the general revenue fund of the

31  county. The election assessment shall be deposited into the

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  1  Elections Commission Trust Fund.  The annual salary of the

  2  office for purposes of computing the qualifying fee shall be

  3  computed by multiplying 12 times the monthly salary authorized

  4  for such office as of July 1 immediately preceding the first

  5  day of qualifying.  This subsection shall not apply to

  6  candidates qualifying for retention to judicial office.

  7         (4)  CANDIDATE'S OATH.--

  8         (a)  All candidates for judicial office shall subscribe

  9  to an oath or affirmation in writing to be filed with the

10  appropriate qualifying officer upon qualifying.  A printed

11  copy of the oath or affirmation shall be furnished to the

12  candidate by the qualifying officer and shall be in

13  substantially the following form:

14

15  State of Florida

16  County of ....

17         Before me, an officer authorized to administer oaths,

18  personally appeared ...(please print name as you wish it to

19  appear on the ballot)..., to me well known, who, being sworn,

20  says he or she:  is a candidate for the judicial office of

21  ....; that his or her legal residence is .... County, Florida;

22  that he or she is a qualified elector of the state and of the

23  territorial jurisdiction of the court to which he or she seeks

24  election; that he or she is qualified under the constitution

25  and laws of Florida to hold the judicial office to which he or

26  she desires to be elected or in which he or she desires to be

27  retained; that he or she has taken the oath required by ss.

28  876.05-876.10, Florida Statutes; that he or she has qualified

29  for no other public office in the state, the term of which

30  office or any part thereof runs concurrent to the office he or

31  she seeks; and that he or she has resigned from any office

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  1  which he or she is required to resign pursuant to s. 99.012,

  2  Florida Statutes.

  3                                  ...(Signature of candidate)...

  4                                                 ...(Address)...

  5

  6  Sworn to and subscribed before me this .... day of ....,

  7  19...., at .... County, Florida.

  8       ...(Signature and title of officer administering oath)...

  9         (b)  Except as provided in paragraph (a), all

10  nonpartisan candidates shall subscribe to the oath as

11  prescribed in s. 99.021.

12         (5)  ITEMS REQUIRED TO BE FILED.--

13         (a)  In order for a nonpartisan candidate for judicial

14  office to be qualified, the following items must be received

15  by the filing officer by the end of the qualifying period:

16         1.  Except for candidates for retention to judicial

17  office, For each candidate qualifying for the office of

18  circuit judge or county court judge, a properly executed check

19  drawn upon the candidate's campaign account in an amount not

20  less than the fee required by subsection (3) or, in lieu

21  thereof, the copy of the notice of obtaining ballot position

22  pursuant to s. 105.035.  If a candidate's check is returned by

23  the bank for any reason, the filing officer shall immediately

24  notify the candidate and the candidate shall, the end of

25  qualifying notwithstanding, have 48 hours from the time such

26  notification is received, excluding Saturdays, Sundays, and

27  legal holidays, to pay the fee with a cashier's check

28  purchased from funds of the campaign account.  Failure to pay

29  the fee as provided in this subparagraph shall disqualify the

30  candidate.

31

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  1         2.  The candidate's oath required by subsection (4),

  2  which must contain the name of the candidate as it is to

  3  appear on the ballot; the office sought, including the

  4  district or group number if applicable; and the signature of

  5  the candidate, duly acknowledged.

  6         3.  The loyalty oath required by s. 876.05, signed by

  7  the candidate and duly acknowledged.

  8         4.  The completed form for the appointment of campaign

  9  treasurer and designation of campaign depository, as required

10  by s. 106.021.

11         5.  The full and public disclosure of financial

12  interests required by s. 8, Art. II of the State Constitution

13  or the statement of financial interests required by s.

14  112.3145, whichever is applicable.

15         (b)  If the filing officer receives qualifying papers

16  that do not include all items as required by paragraph (a)

17  prior to the last day of qualifying, the filing officer shall

18  make a reasonable effort to notify the candidate of the

19  missing or incomplete items and shall inform the candidate

20  that all required items must be received by the close of

21  qualifying.  A candidate's name as it is to appear on the

22  ballot may not be changed after the end of qualifying.

23         Section 3.  Section 105.035, Florida Statutes, is

24  amended to read:

25         105.035  Alternative method of qualifying for

26  nonpartisan certain judicial offices.--

27         (1)  A person seeking to qualify for election to

28  nonpartisan the office of circuit judge or county court judge

29  who is unable to pay the qualifying fee without imposing an

30  undue burden on his or her personal resources or on resources

31  otherwise available to him or her may qualify for election to

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  1  such office by means of the petitioning process prescribed in

  2  this section. A person qualifying by this alternative method

  3  is not required to pay the qualifying fee required by this

  4  chapter. A person using this petitioning process shall file an

  5  oath with the officer before whom the candidate would qualify

  6  for the office stating that he or she intends to qualify for

  7  the office sought and stating that he or she is unable to pay

  8  the qualifying fee for the office without imposing an undue

  9  burden on his or her resources or on resources otherwise

10  available to him or her.  Such oath shall be filed at any time

11  after the first Tuesday after the first Monday in January of

12  the year in which the election is held, but prior to the 21st

13  day preceding the first day of the qualifying period for the

14  office sought. The form of such oath shall be prescribed by

15  the Division of Elections.  No signatures shall be obtained

16  until the person has filed the oath prescribed in this

17  subsection.

18         (2)  Upon receipt of a written oath from a candidate,

19  the qualifying officer shall provide the candidate with

20  petition forms in sufficient numbers to facilitate the

21  gathering of signatures pursuant to this section.  No

22  signature shall be counted toward the number of signatures

23  required unless it is on a petition form prescribed pursuant

24  to this subsection.  Such forms shall be prescribed by the

25  Division of Elections.  If the candidate is running for an

26  office which will be grouped on the ballot with two or more

27  similar offices to be filled at the same election, the

28  candidate's petition must indicate, prior to the obtaining of

29  registered electors' signatures, for which group or district

30  the candidate is running.

31

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  1         (3)  A nonpartisan candidate for the office of circuit

  2  judge shall obtain the signature of a number of qualified

  3  electors equal to at least 3 percent of the total number of

  4  registered electors of the district, circuit, county, or other

  5  geographical entity represented by the office sought judicial

  6  circuit as shown by the compilation by the Department of State

  7  for the last preceding general election.  A candidate for the

  8  office of county court judge shall obtain the signatures of a

  9  number of qualified electors equal to at least 3 percent of

10  the total number of registered electors of the county, as

11  shown by the compilation by the Department of State for the

12  last preceding general election.  A separate petition shall be

13  circulated for each candidate availing himself or herself of

14  the provisions of this section.

15         (4)(a)  Each candidate seeking to qualify for election

16  to a multicounty the office of circuit judge pursuant to this

17  section shall file a separate petition from each county from

18  which signatures are sought.  Each petition shall be

19  submitted, prior to noon of the 21st day preceding the first

20  day of the qualifying period for the office sought, to the

21  supervisor of elections of the county for which such petition

22  was circulated.  Each supervisor of elections to whom a

23  petition is submitted shall check the signatures on the

24  petition to verify their status as electors of that county and

25  of the district, circuit, or other geographical entity

26  represented by the office sought within the judicial circuit.

27  Prior to the first date for qualifying, the supervisor shall

28  certify the number shown as registered electors of that county

29  within the circuit and submit such certification to the

30  Division of Elections.  The division shall determine whether

31  the required number of signatures has been obtained for the

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  1  name of the candidate to be placed on the ballot and shall

  2  notify the candidate.  If the required number of signatures

  3  has been obtained, the candidate shall, during the time

  4  prescribed for qualifying for office, submit a copy of such

  5  notice and file his or her qualifying papers and oath

  6  prescribed in s. 105.031 with the Division of Elections.  Upon

  7  receipt of the copy of such notice and qualifying papers, the

  8  division shall certify the name of the candidate to the

  9  appropriate supervisor or supervisors of elections as having

10  qualified for the office sought.

11         (b)  Each candidate seeking to qualify for election to

12  a countywide the office or an office elected on less than a

13  countywide basis of county court judge pursuant to this

14  section shall submit his or her petition, prior to noon of the

15  21st day preceding the first day of the qualifying period for

16  the office sought, to the supervisor of elections of the

17  county for which such petition was circulated. The supervisor

18  shall check the signatures on the petition to verify their

19  status as electors of the county and of the geographical

20  entity represented by the office sought.  Prior to the first

21  date for qualifying, the supervisor shall determine whether

22  the required number of signatures has been obtained for the

23  name of the candidate to be placed on the ballot and shall

24  notify the candidate.  If the required number of signatures

25  has been obtained, the candidate shall, during the time

26  prescribed for qualifying for office, submit a copy of such

27  notice and file his or her qualifying papers and oath

28  prescribed in s. 105.031 with the qualifying officer

29  supervisor of elections.  Upon receipt of the copy of such

30  notice and qualifying papers by the supervisor of elections,

31

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  1  such candidate shall be entitled to have his or her name

  2  printed on the ballot.

  3         Section 4.  Section 105.041, Florida Statutes, is

  4  amended to read:

  5         105.041  Form of ballot.--

  6         (1)  BALLOTS.--The names of candidates for nonpartisan

  7  judicial office which appear on the ballot at the first

  8  primary election shall either be grouped together on a

  9  separate portion of the ballot or on a separate ballot.  The

10  names of candidates for nonpartisan judicial office which

11  appear on the ballot at the general election and the names of

12  justices and judges seeking retention to office shall be

13  grouped together on a separate portion of the general election

14  ballot.

15         (2)  LISTING OF CANDIDATES.--The order of nonpartisan

16  offices appearing on the ballot shall be determined by the

17  Department of State. The names of all candidates for each

18  nonpartisan the office of circuit judge or the office of

19  county court judge shall be listed in alphabetical order.

20  With respect to justices and judges of district courts of

21  appeal, the question "Shall Justice (or Judge) (name of

22  justice or judge) of the (name of the court) be retained in

23  office?" shall appear on the ballot and thereafter the words

24  "Yes" and "No."

25         (3)  REFERENCE TO PARTY AFFILIATION PROHIBITED.--No

26  reference to political party affiliation shall appear on any

27  ballot with respect to any nonpartisan judicial office or

28  candidate.

29         (4)  WRITE-IN CANDIDATES.--Space shall be made

30  available on the general election ballot for an elector to

31  write in the name of a write-in candidate for nonpartisan

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  1  office judge of a circuit court or county court if a candidate

  2  has qualified as a write-in candidate for such office pursuant

  3  to s. 105.031. This subsection does not apply to the offices

  4  of justices and judges seeking retention.

  5         Section 5.  Section 105.051, Florida Statutes, is

  6  amended to read:

  7         105.051  Determination of election to office.--

  8         (1)(a)  The name of an unopposed candidate for

  9  nonpartisan the office of circuit judge or county court judge

10  shall not appear on any ballot, and such candidate shall be

11  deemed to have voted for himself or herself at the general

12  election.

13         (b)  If two or more candidates, neither of whom is a

14  write-in candidate, qualify for such an office, the names of

15  those candidates shall be placed on the ballot at the first

16  primary election.  If any candidate for such office receives a

17  majority of the votes cast for such office in the first

18  primary election, the name of the candidate who receives such

19  majority shall not appear on any other ballot unless a

20  write-in candidate has qualified for such office.  An

21  unopposed candidate shall be deemed to have voted for himself

22  or herself at the general election.  If no candidate for such

23  office receives a majority of the votes cast for such office

24  in the first primary election, the names of the two candidates

25  receiving the highest number of votes for such office shall be

26  placed on the general election ballot.  If more than two

27  candidates receive an equal and highest number of votes, the

28  name of each candidate receiving an equal and highest number

29  of votes shall be placed on the general election ballot.  In

30  any contest in which there is a tie for second place and the

31  candidate placing first did not receive a majority of the

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  1  votes cast for such office, the name of the candidate placing

  2  first and the name of each candidate tying for second shall be

  3  placed on the general election ballot.

  4         (c)  The candidate who receives the highest number of

  5  votes cast for the office in the general election shall be

  6  elected to such office.  If the vote at the general election

  7  results in a tie, the outcome shall be determined by lot.

  8         (2)  With respect to any justice of the Supreme Court

  9  or judge of a district court of appeal who qualifies to run

10  for retention in office, the question prescribed in s.

11  105.041(2) shall be placed on the ballot at the general

12  election.  If a majority of the qualified electors voting on

13  such question within the territorial jurisdiction of the court

14  vote for retention, the justice or judge shall be retained for

15  a term of 6 years commencing on the first Tuesday after the

16  first Monday in January following the general election.  If

17  less than a majority of the qualified electors voting on such

18  question within the territorial jurisdiction of the court vote

19  for retention, a vacancy shall exist in such office upon the

20  expiration of the term being served by the justice or judge.

21         Section 6.  Section 105.061, Florida Statutes, is

22  amended to read:

23         105.061  Electors qualified to vote.--Each qualified

24  elector of the territorial jurisdiction of a nonpartisan

25  office court shall be eligible to vote for a candidate for

26  each such judicial office of such court or, in the case of a

27  justice of the Supreme Court or a judge of a district court of

28  appeal, for or against retention of such justice or judge.

29         Section 7.  Section 105.08, Florida Statutes, is

30  amended to read:

31         105.08  Campaign contribution and expense; reporting.--

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  1         (1)  A candidate for nonpartisan judicial office may

  2  accept contributions and may incur only such expenses as are

  3  authorized by law.  Each such candidate shall keep an accurate

  4  record of his or her contributions and expenses, and shall

  5  file reports pursuant to chapter 106 thereof on the same basis

  6  as is required of a candidate for a nonjudicial state office.

  7         (2)  Notwithstanding any other provision of this

  8  chapter or chapter 106, a candidate for retention as a justice

  9  of the Supreme Court or a judge of a district court of appeal

10  who has not received any contribution or made any expenditure

11  may file a sworn statement at the time of qualifying that he

12  or she does not anticipate receiving contributions or making

13  expenditures in connection with the candidacy for retention to

14  office.  Such candidate shall file a final report pursuant to

15  s. 106.141, within 90 days following the general election for

16  which the candidate's name appeared on the ballot for

17  retention. Any such candidate for retention to judicial office

18  who, after filing a statement pursuant to this subsection,

19  receives any contribution or makes any expenditure in

20  connection with the candidacy for retention shall immediately

21  file a statement to that effect with the qualifying officer

22  and shall begin filing reports as an opposed candidate

23  pursuant to s. 106.07.

24         Section 8.  Subsection (1) of section 99.061, Florida

25  Statutes, is amended to read:

26         99.061  Method of qualifying for nomination or election

27  to federal, state, county, or district office.--

28         (1)  The provisions of any special act to the contrary

29  notwithstanding, each person seeking to qualify for nomination

30  or election to a federal, state, or multicounty district

31  office, other than a nonpartisan judicial office as defined in

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  1  chapter 105, shall file his or her qualification papers with,

  2  and pay the qualifying fee, which shall consist of the filing

  3  fee and election assessment, and party assessment, if any has

  4  been levied, to, the Department of State, or qualify by the

  5  alternative method with the Department of State, at any time

  6  after noon of the 1st day for qualifying, which shall be as

  7  follows:  the 120th day prior to the first primary, but not

  8  later than noon of the 116th day prior to the date of the

  9  first primary, for persons seeking to qualify for nomination

10  or election to federal office; and noon of the 50th day prior

11  to the first primary, but not later than noon of the 46th day

12  prior to the date of the first primary, for persons seeking to

13  qualify for nomination or election to a state or multicounty

14  district office.  However, the qualifying fee, if any, paid by

15  an independent candidate or a minor party candidate shall be

16  refunded to such candidate by the qualifying officer within 10

17  days from the date that the determination is made that such

18  candidate or minor party failed to obtain the required number

19  of signatures.

20         Section 9.  Subsection (4) of section 101.141, Florida

21  Statutes, is amended to read:

22         101.141  Specifications for primary election

23  ballot.--In counties in which voting machines are not used,

24  and in other counties for use as absentee ballots not designed

25  for tabulation by an electronic or electromechanical voting

26  system, the primary election ballot shall conform to the

27  following specifications:

28         (4)  The ballot shall have the headings, under which

29  appear the names of the offices and the candidates for the

30  respective offices alphabetically arranged as to surnames, in

31  the following order:  the heading "Congressional" and

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  1  thereunder the offices of United States Senator and

  2  Representative in Congress; the heading "State" and thereunder

  3  the offices of Governor and Lieutenant Governor, Secretary of

  4  State, Attorney General, Comptroller, Treasurer, Commissioner

  5  of Education, Commissioner of Agriculture, state attorney, and

  6  public defender; the heading "Legislative" and thereunder the

  7  offices of state senator and state representative; the heading

  8  "County" and thereunder clerk of the circuit court, clerk of

  9  the county court (when authorized by law), sheriff, property

10  appraiser, tax collector, district superintendent of schools,

11  and supervisor of elections.  Thereafter follows:  members of

12  the board of county commissioners, members of the district

13  school board, and such other county and district offices as

14  are involved in the primary election, in the order fixed by

15  the Department of State, followed, in the years of their

16  election, by "Party offices," and thereunder the offices of

17  state and county party executive committee members.

18  Immediately following the name of each office on the ballot

19  shall be printed, "Vote for One."  When more than one

20  candidate is to be nominated for office, the candidates for

21  such office shall qualify and run in a group or district.  The

22  group or district number shall be printed beneath the name of

23  the office.  The names of candidates in the respective group

24  or district shall be arranged thereunder in alphabetical order

25  as to surnames, and following the group or district number

26  there shall be printed the words, "Vote for One."  The name of

27  the office shall be printed over each numbered group or

28  district and each numbered group or district shall be clearly

29  separated from the next numbered group or district, the same

30  as in the case of single offices.  When two or more candidates

31  running for the same office have the same or similar surname

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  1  and one candidate is currently holding that office, the word

  2  "Incumbent" shall be printed next to the incumbent's name.  If

  3  in any primary election all the offices as above set forth are

  4  not involved, those offices to be filled shall be arranged on

  5  the ballot in the order named.

  6         Section 10.  Paragraph (a) of subsection (3) of section

  7  101.151, Florida Statutes, is amended to read:

  8         101.151  Specifications for general election

  9  ballot.--In counties in which voting machines are not used,

10  and in other counties for use as absentee ballots not designed

11  for tabulation by an electronic or electromechanical voting

12  system, the general election ballot shall conform to the

13  following specifications:

14         (3)(a)  Beneath the caption and preceding the names of

15  candidates shall be the following words:  "To vote for a

16  candidate whose name is printed on the ballot, place a cross

17  (X) mark in the blank space at the right of the name of the

18  candidate for whom you desire to vote.  To vote for a write-in

19  candidate, write the name of the candidate in the blank space

20  provided for that purpose."  The ballot shall have headings

21  under which shall appear the names of the offices and names of

22  duly nominated candidates for the respective offices in the

23  following order:  the heading "Electors for President and Vice

24  President" and thereunder the names of the candidates for

25  President and Vice President of the United States nominated by

26  the political party which received the highest vote for

27  Governor in the last general election of the Governor in this

28  state, above which shall appear the name of said party.  Then

29  shall appear the names of other candidates for President and

30  Vice President of the United States who have been properly

31  nominated.  Votes cast for write-in candidates for President

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  1  and Vice President shall be counted as votes cast for the

  2  presidential electors supporting such candidates.  Then shall

  3  follow the heading "Congressional" and thereunder the offices

  4  of United States Senator and Representative in Congress; then

  5  the heading "State" and thereunder the offices of Governor and

  6  Lieutenant Governor, Secretary of State, Attorney General,

  7  Comptroller, Treasurer, Commissioner of Education,

  8  Commissioner of Agriculture, state attorney, and public

  9  defender, together with the names of the candidates for each

10  office and the title of the office which they seek; then the

11  heading "Legislative" and thereunder the offices of state

12  senator and state representative; then the heading "County"

13  and thereunder clerk of the circuit court, clerk of the county

14  court (when authorized by law), sheriff, property appraiser,

15  tax collector, district superintendent of schools, and

16  supervisor of elections. Thereafter follows: members of the

17  board of county commissioners, members of the district school

18  board, and such other county offices as are involved in the

19  general election, in the order fixed by the Department of

20  State.  When a write-in candidate has qualified for any

21  office, a subheading "Write-in Candidate for ...(name of

22  office)..." shall be provided followed by a blank space in

23  which to write the name of the candidate.  With respect to

24  write-in candidates, if two or more candidates are seeking

25  election to one office, only one blank space shall be

26  provided.

27         Section 11.  Subsection (2) of section 101.251, Florida

28  Statutes, is amended to read:

29         101.251  Information which supervisor of elections must

30  print on ballots.--

31

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  1         (2)  In addition to the names printed on the ballot as

  2  provided in subsection (1), the supervisor of elections of

  3  each county shall have printed on the general election ballot

  4  to be used in the county the names of the nonpartisan

  5  candidates judicial officers, as defined in chapter 105, who

  6  are entitled to have their names printed on the ballot, and

  7  minor party and independent candidates who have obtained a

  8  position on the general election ballot in compliance with the

  9  requirements of this code.

10         Section 12.  Subsection (1) of section 230.061, Florida

11  Statutes, is amended to read:

12         230.061  School board member residence areas.--

13         (1)  For the purpose of nominating and electing school

14  board members, each district shall be divided into at least

15  five district school board member residence areas, which shall

16  be numbered one to five, inclusive, and which shall, as nearly

17  as practicable, be equal in population.

18         (a)  For those school districts, which have seven

19  school board members, the district may be divided into five

20  district school board member residence areas, with two school

21  board members elected at large, or the district may be divided

22  into seven district school board member residence areas.  In

23  the latter case, the residence areas shall be numbered one to

24  seven inclusive and shall be equal in population as nearly as

25  practicable.

26         (b)  For those school districts which have seven school

27  board members, the number of district school board member

28  residence areas shall be determined by resolution passed by a

29  majority vote of the district school board.  No district

30  school board shall be required to change the boundaries of the

31

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  1  district school board member residence areas in accordance

  2  with the provisions of this act prior to July 1, 1981.

  3         Section 13.  Subsection (2) of section 230.105, Florida

  4  Statutes, is amended to read:

  5         230.105  Alternate procedure for the election of

  6  district school board members to provide for single-member

  7  representation.--

  8         (2)  District school board members shall be nominated

  9  and elected to office in accordance with the provisions of ss.

10  230.061 and 230.10, or as otherwise provided by law, unless a

11  proposition calling for single-member representation within

12  the residence areas of the district is submitted to and

13  approved by a majority of the qualified electors voting on

14  such proposition in the manner provided in subsection (3).

15         (a)  If the school board is composed of five members,

16  such proposition shall provide that the five members shall

17  reside one in each of five residence areas, the areas together

18  covering the entire district and as nearly equal in population

19  as practicable, pursuant to s. 230.061, each of whom shall be

20  nominated and elected only by the qualified electors who

21  reside in the same residence area as the member.

22         (b)  If the school board is composed of seven members,

23  at the option of the school board, such proposition shall

24  provide that:

25         1.  Five of the seven members shall reside one in each

26  of five residence areas, the areas together covering the

27  entire district and as nearly equal in population as

28  practicable, pursuant to s. 230.061, each of whom shall be

29  nominated and elected only by the qualified electors who

30  reside in the same residence area as the member, and two of

31  the seven members shall be nominated and elected at large; or

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  1         2.  All seven members shall reside one in each of seven

  2  residence areas, the areas together covering the entire

  3  district and as nearly equal in population as practicable,

  4  pursuant to s. 230.061, each of whom shall be nominated and

  5  elected only by the qualified electors who reside in the same

  6  residence area as the member.

  7         (c)  All members shall be elected for 4-year terms, but

  8  such terms shall be staggered so that, alternately, one more

  9  or one less than half of the members elected from residence

10  areas and, if applicable, one of the members elected at large

11  from the entire district are elected every 2 years.  Any

12  member may be elected to an initial term of less than 4 years

13  if necessary to achieve or maintain such system of staggered

14  terms.

15         Section 14.  Section 105.09, Florida Statutes, is

16  repealed.

17         Section 15.  Section 230.08, Florida Statutes, is

18  repealed.

19         Section 16.  Paragraph (a) of subsection (12) of

20  section 228.053, Florida Statutes, is amended to read:

21         228.053  Developmental research schools.--

22         (12)  EXCEPTIONS TO LAW.--To encourage innovative

23  practices and facilitate the mission of the developmental

24  research schools, in addition to the exceptions to law

25  specified in s. 229.592(6), the following exceptions shall be

26  permitted for developmental research schools:

27         (a)  The methods and requirements of the following

28  statutes shall be held in abeyance:  ss. 230.01; 230.02;

29  230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;

30  230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;

31  230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;

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  1  230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;

  2  230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63;

  3  230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261;

  4  236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38;

  5  236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45;

  6  236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52;

  7  236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40;

  8  and 316.75. With the exception of subsection (16) of s.

  9  230.23, s. 230.23 shall be held in abeyance. Reference to

10  school boards in s. 230.23(16) shall mean the president of the

11  university or the president's designee.

12         Section 17.  This act shall take effect January 1,

13  2000.

14

15            *****************************************

16                          SENATE SUMMARY

17    Provides for the nonpartisan election of school board
      members.
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