Senate Bill 2172

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    Florida Senate - 2000                                  SB 2172

    By Senator Scott





    31-1523-00

  1                      A bill to be entitled

  2         An act relating to rulemaking authority of the

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

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

  5         to administer laws conferring duties upon it;

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

  7         department to prescribe rules for filing papers

  8         to qualify as a candidate for federal, state,

  9         county, or district office; amending s.

10         101.161, F.S.; providing for ballot initiatives

11         to be numbered in the order of filing or

12         certification and as provided by department

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

14         department to adopt rules for preparing and

15         mailing absentee ballots to electors who are

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

17         the department to adopt requirements for filing

18         campaign treasurers' reports; amending s.

19         106.22, F.S.; providing for rules prescribing

20         requirements for filing complaints of voter

21         fraud and for investigating those complaints;

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

23         requests for advisory opinions by the Division

24         of Elections be submitted in accordance with

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

26         authorizing the department to prescribe rules

27         under which a state agency may incorporate

28         materials by reference in adopting an agency

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

30         additional duties of the Division of Historical

31         Resources with respect to protecting and

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    Florida Senate - 2000                                  SB 2172
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  1         administering historical resources; authorizing

  2         the division to issue certain permits;

  3         requiring that the division adopt rules for

  4         issuing permits and administering the transfer

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

  6         authorizing the department to adopt procedures

  7         for reporting an unmarked human burial and

  8         determining jurisdiction of the burial;

  9         providing an effective date.

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

12

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

14  Florida Statutes, to read:

15         20.10  Department of State.--There is created a

16  Department of State.

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

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

19  law conferring duties upon the department.

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

21  Florida Statutes, to read:

22         99.061  Method of qualifying for nomination or election

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

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

25  requirements for filing papers to qualify as a candidate under

26  this section.

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

28  Statutes, is amended to read:

29         101.161  Referenda; ballots.--

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

31  amendment proposed by initiative shall be prepared by the

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    Florida Senate - 2000                                  SB 2172
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  1  sponsor and approved by the Secretary of State in accordance

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

  3  State shall give each proposed constitutional amendment a

  4  designating number for convenient reference.  This number

  5  designation shall appear on the ballot. Designating numbers

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

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

  8  the amendments.  The Department of State shall furnish the

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

10  each amendment to the supervisor of elections of each county

11  in which such amendment is to be voted on.

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

13  101.62, Florida Statutes, is amended to read:

14         101.62  Request for absentee ballots.--

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

16  has requested an absentee ballot, the supervisor of elections

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

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

19  before the second primary and general election, the supervisor

20  of elections shall mail an advance absentee ballot to those

21  persons requesting ballots for such elections.  The advance

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

23  the first primary absentee ballot as to the names of

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

25  two candidates, those offices and all political party

26  executive committee offices shall be omitted.  Except as

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

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

29  that in the case of candidates of political parties where

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

31  the candidates placing first and second in the first primary

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    Florida Senate - 2000                                  SB 2172
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  1  election shall be printed on the advance absentee ballot. The

  2  advance absentee ballot or advance absentee ballot information

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

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

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

  6  shall mail an advance absentee ballot for the second primary

  7  and general election to each qualified absent elector for whom

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

  9  The supervisor shall enclose with the advance second primary

10  absentee ballot and advance general election absentee ballot

11  an explanation stating that the absentee ballot for the

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

13  the advance absentee ballot and the absentee ballot for the

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

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

16  by rule the requirements for preparing and mailing absentee

17  ballots to absent qualified electors overseas.

18         Section 5.  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 filing campaign treasurers' reports as set

23  forth in this chapter.

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

25  Statutes, is amended to read:

26         106.22  Duties of the Division of Elections.--It is the

27  duty of the Division of Elections to:

28         (11)  Conduct preliminary investigations into any

29  irregularities or fraud involving voter registration or voting

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

31  circuit in which the alleged violation occurred for

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    Florida Senate - 2000                                  SB 2172
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  1  prosecution, where warranted. The Department of State may

  2  prescribe by rule requirements for filing a complaint of voter

  3  fraud and for investigating any such complaint.

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

  5  Statutes, is amended to read:

  6         106.23  Powers of the Division of Elections.--

  7         (2)  The Division of Elections shall provide advisory

  8  opinions when requested by any supervisor of elections,

  9  candidate, local officer having election-related duties,

10  political party, political committee, committee of continuous

11  existence, or other person or organization engaged in

12  political activity, relating to any provisions or possible

13  violations of Florida election laws with respect to actions

14  such supervisor, candidate, local officer having

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

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

17  advisory opinions must be submitted in accordance with rules

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

19  such opinions issued by the division, sequentially numbered,

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

21  copy shall be sent to said person or organization upon

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

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

24  any criminal penalty provided for in this chapter.  The

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

26  person or organization who sought the opinion or with

27  reference to whom the opinion was sought, unless material

28  facts were omitted or misstated in the request for the

29  advisory opinion.

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

31  120.54, Florida Statutes, is amended to read:

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    Florida Senate - 2000                                  SB 2172
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  1         120.54  Rulemaking.--

  2         (1)  GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER

  3  THAN EMERGENCY RULES.--

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

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

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

  7  effective unless the rule is amended to incorporate the

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

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

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

11  Department of State may prescribe by rule requirements for

12  incorporating materials by reference pursuant to this

13  paragraph.

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

15  section 267.061, Florida Statutes, to read:

16         267.061  Historic properties; state policy,

17  responsibilities.--

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

19  of the division to:

20         (p)  Protect and administer historical resources

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

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

23  exploration activities to identify historical resources and

24  may issue permits for excavation and salvage activities to

25  recover historical resources. The division may issue permits

26  for archaeological excavation for scientific or educational

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

28  submerged lands. The division may also issue permits for

29  exploration and salvage of historic shipwreck sites by

30  commercial salvors on state-owned sovereignty submerged lands.

31  The division shall adopt rules to administer the issuance of

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    Florida Senate - 2000                                  SB 2172
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  1  permits for all such activities. In addition, the division

  2  shall adopt rules to administer the transfer of objects

  3  recovered by commercial salvors under permit in exchange for

  4  recovery services provided to the state.

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

  6  872.05, Florida Statutes, to read:

  7         872.05  Unmarked human burials.--

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

  9  rule procedures for reporting an unmarked human burial and for

10  determining jurisdiction over the burial.

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

12  law.

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14            *****************************************

15                          SENATE SUMMARY

16    Revises various provisions to authorize the Department of
      State to adopt rules. Provides for rules under which a
17    candidate for public office must file qualifying papers.
      Provides for rules for numbering ballot initiatives.
18    Provides for rules for preparing and mailing absentee
      ballots to overseas electors. Authorizes the department
19    to adopt requirements for filing campaign treasurers'
      reports. Requires that requests for advisory opinions by
20    the Division of Elections be submitted in accordance with
      department rule. Provides for rules by which a state
21    agency may incorporate materials by reference in adopting
      its rules. Requires that the Division of Historical
22    Resources protect and administer historical resources.
      Authorizes the division to issue certain permits.
23    Provides for rules for reporting an unmarked human burial
      and determining jurisdiction over the burial. (See bill
24    for details.)

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