House Bill 2067
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Florida House of Representatives - 2000 HB 2067
By the Committee on Election Reform and Representative
Flanagan
1 A bill to be entitled
2 An act relating to rulemaking authority of the
3 Department of State; amending s. 120.54, F.S.;
4 authorizing the department to adopt rules for
5 incorporating materials by reference; amending
6 s. 106.23, F.S.; requiring advisory opinions to
7 be submitted in accordance with rules adopted
8 by the department; amending s. 106.22, F.S.;
9 authorizing the department to adopt rules for
10 the filing and investigation of voter fraud
11 complaints; amending s. 106.07, F.S.;
12 authorizing the department to prescribe by rule
13 the requirements for the filing of campaign
14 treasurer's reports; amending s. 101.62, F.S.;
15 authorizing the department to adopt rules for
16 the preparation and mailing of absentee ballots
17 to overseas electors; amending s. 101.161,
18 F.S.; requiring the designating number for
19 constitutional amendments to be in accordance
20 with rules adopted by the department; amending
21 s. 99.061, F.S.; authorizing the department to
22 prescribe by rule the requirements for filing
23 candidate qualifying papers; providing
24 legislative intent; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (i) of subsection (1) of section
30 120.54, Florida Statutes, is amended to read:
31 120.54 Rulemaking.--
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1 (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER
2 THAN EMERGENCY RULES.--
3 (i) A rule may incorporate material by reference but
4 only as the material exists on the date the rule is adopted.
5 For purposes of the rule, changes in the material are not
6 effective unless the rule is amended to incorporate the
7 changes. No rule may be amended by reference only. Amendments
8 must set out the amended rule in full in the same manner as
9 required by the State Constitution for laws. The Department of
10 State may prescribe by rule the requirements for incorporating
11 materials by reference pursuant to this section.
12 Section 2. Subsection (2) of section 106.23, Florida
13 Statutes, is amended to read:
14 106.23 Powers of the Division of Elections.--
15 (2) The Division of Elections shall provide advisory
16 opinions when requested by any supervisor of elections,
17 candidate, local officer having election-related duties,
18 political party, political committee, committee of continuous
19 existence, or other person or organization engaged in
20 political activity, relating to any provisions or possible
21 violations of Florida election laws with respect to actions
22 such supervisor, candidate, local officer having
23 election-related duties, political party, committee, person,
24 or organization has taken or proposes to take. Requests for
25 advisory opinions must be submitted in accordance with rules
26 adopted by the Department of State. A written record of all
27 such opinions issued by the division, sequentially numbered,
28 dated, and indexed by subject matter, shall be retained. A
29 copy shall be sent to said person or organization upon
30 request. Any such person or organization, acting in good
31 faith upon such an advisory opinion, shall not be subject to
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1 any criminal penalty provided for in this chapter. The
2 opinion, until amended or revoked, shall be binding on any
3 person or organization who sought the opinion or with
4 reference to whom the opinion was sought, unless material
5 facts were omitted or misstated in the request for the
6 advisory opinion.
7 Section 3. Subsection (11) of section 106.22, Florida
8 Statutes, is amended to read:
9 106.22 Duties of the Division of Elections.--It is the
10 duty of the Division of Elections to:
11 (11) Conduct preliminary investigations into any
12 irregularities or fraud involving voter registration or voting
13 and report its findings to the state attorney for the judicial
14 circuit in which the alleged violation occurred for
15 prosecution, where warranted. The Department of State may
16 prescribe by rule the requirements for the filing and
17 investigation of voter fraud complaints.
18 Section 4. Subsection (9) is added to section 106.07,
19 Florida Statutes, to read:
20 106.07 Reports; certification and filing.--
21 (9) The Department of State may prescribe by rule the
22 requirements for the filing of campaign treasurers' reports as
23 set forth in this chapter.
24 Section 5. Paragraph (a) of subsection (4) of section
25 101.62, Florida Statutes, is amended to read:
26 101.62 Request for absentee ballots.--
27 (4)(a) To each absent qualified elector overseas who
28 has requested an absentee ballot, the supervisor of elections
29 shall, not fewer than 35 days before the first primary
30 election, mail an absentee ballot. Not fewer than 45 days
31 before the second primary and general election, the supervisor
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1 of elections shall mail an advance absentee ballot to those
2 persons requesting ballots for such elections. The advance
3 absentee ballot for the second primary shall be the same as
4 the first primary absentee ballot as to the names of
5 candidates, except that for any offices where there are only
6 two candidates, those offices and all political party
7 executive committee offices shall be omitted. Except as
8 provided in s. 99.063(4), the advance absentee ballot for the
9 general election shall be as specified in s. 101.151, except
10 that in the case of candidates of political parties where
11 nominations were not made in the first primary, the names of
12 the candidates placing first and second in the first primary
13 election shall be printed on the advance absentee ballot. The
14 advance absentee ballot or advance absentee ballot information
15 booklet shall be of a different color for each election and
16 also a different color from the absentee ballots for the first
17 primary, second primary, and general election. The supervisor
18 shall mail an advance absentee ballot for the second primary
19 and general election to each qualified absent elector for whom
20 a request is received until the absentee ballots are printed.
21 The supervisor shall enclose with the advance second primary
22 absentee ballot and advance general election absentee ballot
23 an explanation stating that the absentee ballot for the
24 election will be mailed as soon as it is printed; and, if both
25 the advance absentee ballot and the absentee ballot for the
26 election are returned in time to be counted, only the absentee
27 ballot will be counted. The Department of State may prescribe
28 by rule the requirements for the preparation and mailing of
29 absentee ballots to overseas electors.
30 Section 6. Subsection (2) of section 101.161, Florida
31 Statutes, is amended to read:
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1 101.161 Referenda; ballots.--
2 (2) The substance and ballot title of a constitutional
3 amendment proposed by initiative shall be prepared by the
4 sponsor and approved by the Secretary of State in accordance
5 with rules adopted pursuant to s. 120.54. The Department of
6 State shall give each proposed constitutional amendment a
7 designating number for convenient reference. This number
8 designation shall appear on the ballot. Designating numbers
9 shall be assigned in the order of filing or certification and
10 in accordance with rules adopted by the Department of State of
11 the amendments. The Department of State shall furnish the
12 designating number, the ballot title, and the substance of
13 each amendment to the supervisor of elections of each county
14 in which such amendment is to be voted on.
15 Section 7. Subsection (9) is added to section 99.061,
16 Florida Statutes, to read:
17 99.061 Method of qualifying for nomination or election
18 to federal, state, county, or district office.--
19 (9) The Department of State may prescribe by rule the
20 requirements for filing candidate qualifying papers pursuant
21 to this section.
22 Section 8. It is the intent of the Legislature that
23 the amendments to ss. 99.061, 101.161, 101.62, 106.07, 106.22,
24 106.23, and 120.54, Florida Statutes, made by this act be
25 supplemental to other amendments to said sections which may be
26 enacted at the 2000 Regular Session of the Legislature, unless
27 a contrary intent is specifically indicated herein or in such
28 other amendments.
29 Section 9. This act shall take effect upon becoming a
30 law.
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2 HOUSE SUMMARY
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Provides, pursuant to the directive in s. 120.536(2)(b),
4 F.S., specific legislation to enact into law the
substance of rules of the Department of State that exceed
5 rulemaking authority under the Administrative Procedure
Act and that the department has decided not to repeal.
6 See bill for details.
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