CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    

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11  Senator Scott moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (3) is added to section 20.10,

18  Florida Statutes, to read:

19         20.10  Department of State.--There is created a

20  Department of State.

21         (3)  The Department of State may adopt rules pursuant

22  to ss. 120.536(1) and 120.54 to administer the provisions of

23  law conferring duties upon the department.

24         Section 2.  Subsection (9) is added to section 99.061,

25  Florida Statutes, to read:

26         99.061  Method of qualifying for nomination or election

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

28         (9)  The Department of State may prescribe by rule

29  requirements for filing papers to qualify as a candidate under

30  this section.

31         Section 3.  Subsection (2) of section 101.161, Florida

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                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    





 1  Statutes, is amended to read:

 2         101.161  Referenda; ballots.--

 3         (2)  The substance and ballot title of a constitutional

 4  amendment proposed by initiative shall be prepared by the

 5  sponsor and approved by the Secretary of State in accordance

 6  with rules adopted pursuant to s. 120.54. The Department of

 7  State shall give each proposed constitutional amendment a

 8  designating number for convenient reference.  This number

 9  designation shall appear on the ballot. Designating numbers

10  shall be assigned in the order of filing or certification and

11  in accordance with rules adopted by the Department of State of

12  the amendments.  The Department of State shall furnish the

13  designating number, the ballot title, and the substance of

14  each amendment to the supervisor of elections of each county

15  in which such amendment is to be voted on.

16         Section 4.  Paragraph (a) of subsection (4) of section

17  101.62, Florida Statutes, is amended to read:

18         101.62  Request for absentee ballots.--

19         (4)(a)  To each absent qualified elector overseas who

20  has requested an absentee ballot, the supervisor of elections

21  shall, not fewer than 35 days before the first primary

22  election, mail an absentee ballot.  Not fewer than 45 days

23  before the second primary and general election, the supervisor

24  of elections shall mail an advance absentee ballot to those

25  persons requesting ballots for such elections.  The advance

26  absentee ballot for the second primary shall be the same as

27  the first primary absentee ballot as to the names of

28  candidates, except that for any offices where there are only

29  two candidates, those offices and all political party

30  executive committee offices shall be omitted.  Except as

31  provided in s. 99.063(4), the advance absentee ballot for the

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                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    





 1  general election shall be as specified in s. 101.151, except

 2  that in the case of candidates of political parties where

 3  nominations were not made in the first primary, the names of

 4  the candidates placing first and second in the first primary

 5  election shall be printed on the advance absentee ballot. The

 6  advance absentee ballot or advance absentee ballot information

 7  booklet shall be of a different color for each election and

 8  also a different color from the absentee ballots for the first

 9  primary, second primary, and general election.  The supervisor

10  shall mail an advance absentee ballot for the second primary

11  and general election to each qualified absent elector for whom

12  a request is received until the absentee ballots are printed.

13  The supervisor shall enclose with the advance second primary

14  absentee ballot and advance general election absentee ballot

15  an explanation stating that the absentee ballot for the

16  election will be mailed as soon as it is printed; and, if both

17  the advance absentee ballot and the absentee ballot for the

18  election are returned in time to be counted, only the absentee

19  ballot will be counted. The Department of State may prescribe

20  by rule the requirements for preparing and mailing absentee

21  ballots to absent qualified electors overseas.

22         Section 5.  Subsection (9) is added to section 106.07,

23  Florida Statutes, to read:

24         106.07  Reports; certification and filing.--

25         (9)  The Department of State may prescribe by rule the

26  requirements for filing campaign treasurers' reports as set

27  forth in this chapter.

28         Section 6.  Subsection (11) of section 106.22, Florida

29  Statutes, is amended to read:

30         106.22  Duties of the Division of Elections.--It is the

31  duty of the Division of Elections to:

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                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    





 1         (11)  Conduct preliminary investigations into any

 2  irregularities or fraud involving voter registration or voting

 3  and report its findings to the state attorney for the judicial

 4  circuit in which the alleged violation occurred for

 5  prosecution, where warranted. The Department of State may

 6  prescribe by rule requirements for filing a complaint of voter

 7  fraud and for investigating any such complaint.

 8         Section 7.  Subsection (2) of section 106.23, Florida

 9  Statutes, is amended to read:

10         106.23  Powers of the Division of Elections.--

11         (2)  The Division of Elections shall provide advisory

12  opinions when requested by any supervisor of elections,

13  candidate, local officer having election-related duties,

14  political party, political committee, committee of continuous

15  existence, or other person or organization engaged in

16  political activity, relating to any provisions or possible

17  violations of Florida election laws with respect to actions

18  such supervisor, candidate, local officer having

19  election-related duties, political party, committee, person,

20  or organization has taken or proposes to take. Requests for

21  advisory opinions must be submitted in accordance with rules

22  adopted by the Department of State. A written record of all

23  such opinions issued by the division, sequentially numbered,

24  dated, and indexed by subject matter, shall be retained.  A

25  copy shall be sent to said person or organization upon

26  request.  Any such person or organization, acting in good

27  faith upon such an advisory opinion, shall not be subject to

28  any criminal penalty provided for in this chapter.  The

29  opinion, until amended or revoked, shall be binding on any

30  person or organization who sought the opinion or with

31  reference to whom the opinion was sought, unless material

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                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    





 1  facts were omitted or misstated in the request for the

 2  advisory opinion.

 3         Section 8.  Paragraph (i) of subsection (1) of section

 4  120.54, Florida Statutes, is amended to read:

 5         120.54  Rulemaking.--

 6         (1)  GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER

 7  THAN EMERGENCY RULES.--

 8         (i)  A rule may incorporate material by reference but

 9  only as the material exists on the date the rule is adopted.

10  For purposes of the rule, changes in the material are not

11  effective unless the rule is amended to incorporate the

12  changes. A No rule may not be amended by reference only.

13  Amendments must set out the amended rule in full in the same

14  manner as required by the State Constitution for laws. The

15  Department of State may prescribe by rule requirements for

16  incorporating materials by reference pursuant to this

17  paragraph.

18         Section 9.  Paragraph (p) is added to subsection (3) of

19  section 267.061, Florida Statutes, to read:

20         267.061  Historic properties; state policy,

21  responsibilities.--

22         (3)  DIVISION RESPONSIBILITY.--It is the responsibility

23  of the division to:

24         (p)  Protect and administer historical resources

25  abandoned on state-owned lands or on state-owned sovereignty

26  submerged lands. The division may issue permits for survey and

27  exploration activities to identify historical resources and

28  may issue permits for excavation and salvage activities to

29  recover historical resources. The division may issue permits

30  for archaeological excavation for scientific or educational

31  purposes on state-owned lands or on state-owned sovereignty

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                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    





 1  submerged lands. The division may also issue permits for

 2  exploration and salvage of historic shipwreck sites by

 3  commercial salvors on state-owned sovereignty submerged lands.

 4  The division shall adopt rules to administer the issuance of

 5  permits for all such activities. In addition, the division

 6  shall adopt rules to administer the transfer of objects

 7  recovered by commercial salvors under permit in exchange for

 8  recovery services provided to the state.

 9         Section 10.  Subsection (11) is added to section

10  872.05, Florida Statutes, to read:

11         872.05  Unmarked human burials.--

12         (11)  RULES.--The Department of State may prescribe by

13  rule procedures for reporting an unmarked human burial and for

14  determining jurisdiction over the burial.

15         Section 11.  This act shall take effect upon becoming a

16  law.

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18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         Delete everything before the enacting clause

22

23  and insert:

24                      A bill to be entitled

25         An act relating to rulemaking authority of the

26         Department of State (RAB); amending s. 20.10,

27         F.S.; authorizing the department to adopt rules

28         to administer laws conferring duties upon it;

29         amending s. 99.061, F.S.; authorizing the

30         department to prescribe rules for filing papers

31         to qualify as a candidate for federal, state,

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                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    





 1         county, or district office; amending s.

 2         101.161, F.S.; providing for ballot initiatives

 3         to be numbered in the order of filing or

 4         certification and as provided by department

 5         rule; amending s. 101.62, F.S.; authorizing the

 6         department to adopt rules for preparing and

 7         mailing absentee ballots to electors who are

 8         overseas; amending s. 106.07, F.S.; authorizing

 9         the department to adopt requirements for filing

10         campaign treasurers' reports; amending s.

11         106.22, F.S.; providing for rules prescribing

12         requirements for filing complaints of voter

13         fraud and for investigating those complaints;

14         amending s. 106.23, F.S.; requiring that

15         requests for advisory opinions by the Division

16         of Elections be submitted in accordance with

17         department rule; amending s. 120.54, F.S.;

18         authorizing the department to prescribe rules

19         under which a state agency may incorporate

20         materials by reference in adopting an agency

21         rule; amending s. 267.061, F.S.; providing

22         additional duties of the Division of Historical

23         Resources with respect to protecting and

24         administering historical resources; authorizing

25         the division to issue certain permits;

26         requiring that the division adopt rules for

27         issuing permits and administering the transfer

28         of certain objects; amending s. 872.05, F.S.;

29         authorizing the department to adopt procedures

30         for reporting an unmarked human burial and

31         determining jurisdiction of the burial;

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                                                  SENATE AMENDMENT

    Bill No. HB 2067

    Amendment No.    





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