CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 366
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, lines 19 and 20, delete those lines
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17 Section 1. Section 103.121, Florida Statutes, is
18 amended to read:
19 103.121 Powers and duties of executive committees.--
20 (1)(a) Each state and county executive committee of a
21 political party shall have the power and duty:
22 1. To adopt a constitution by two-thirds vote of the
23 full committee.
24 2. To adopt such bylaws as it may deem necessary by
25 majority vote of the full committee.
26 3. To conduct its meetings according to generally
27 accepted parliamentary practice.
28 4. To make party nomination when required by law.
29 5. To conduct campaigns for party nominees.
30 6. To raise and expend party funds. Such funds may
31 not be expended or committed to be expended except after
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SENATE AMENDMENT
Bill No. CS for SB 366
Amendment No.
1 written authorization by the chair of the state or county
2 executive committee.
3 (b) Except as otherwise provided in subsection (5),
4 The county executive committee shall receive payment of
5 assessments upon candidates to be voted for in a single county
6 except state senators and members of the House of
7 Representatives and representatives to the Congress of the
8 United States; and the state executive committees shall
9 receive all other assessments authorized. All party
10 assessments shall be 2 percent of the annual salary of the
11 office sought by the respective candidate. All such committee
12 assessments shall be remitted to the state executive committee
13 of the appropriate party and distributed in accordance with
14 subsection (5) (6).
15 (2) The state executive committee shall by resolution
16 recommend candidates for presidential electors and deliver a
17 certified copy thereof to the Governor prior to September 1 of
18 each presidential election year.
19 (3) The chair and treasurer of an executive committee
20 of any political party shall be accountable for the funds of
21 such committee and jointly liable for their proper expenditure
22 for authorized purposes only. The chair and treasurer of the
23 state executive committee of any political party shall furnish
24 adequate bond, but not less than $10,000, conditioned upon the
25 faithful performance by such party officers of their duties
26 and for the faithful accounting for party funds which shall
27 come into their hands; and the chair and treasurer of a county
28 executive committee of a political party shall furnish
29 adequate bond, but not less than $5,000, conditioned as
30 aforesaid. A bond for the chair and treasurer of the state
31 executive committee of a political party shall be filed with
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SENATE AMENDMENT
Bill No. CS for SB 366
Amendment No.
1 the Department of State. A bond for the chair and treasurer
2 of a county executive committee shall be filed with the
3 supervisor of elections. The funds of each such state
4 executive committee shall be publicly audited at the end of
5 each calendar year and a copy of such audit furnished to the
6 Department of State for its examination prior to April 1 of
7 the ensuing year. When filed with the Department of State,
8 copies of such audit shall be public documents. The treasurer
9 of each county executive committee shall maintain adequate
10 records evidencing receipt and disbursement of all party funds
11 received by him or her, and such records shall be publicly
12 audited at the end of each calendar year and a copy of such
13 audit filed with the supervisor of elections and the state
14 executive committee prior to April 1 of the ensuing year.
15 (4) Any chair or treasurer of a state or county
16 executive committee of any political party who knowingly
17 misappropriates, or makes an unlawful expenditure of, or a
18 false or improper accounting for, the funds of such committee
19 is guilty of a felony of the third degree, punishable as
20 provided in s. 775.082, s. 775.083, or s. 775.084.
21 (5)(a) The central committee or other equivalent
22 governing body of each state executive committee shall adopt a
23 rule which governs the time and manner in which the respective
24 county executive committees of such party may endorse,
25 certify, screen, or otherwise recommend one or more candidates
26 for such party's nomination for election. Upon adoption, such
27 rule shall provide the exclusive method by which a county
28 committee may so endorse, certify, screen, or otherwise
29 recommend. No later than the date on which qualifying for
30 public office begins pursuant to s. 99.061, the chair of each
31 county executive committee shall notify in writing the
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SENATE AMENDMENT
Bill No. CS for SB 366
Amendment No.
1 supervisor of elections of his or her county whether the
2 county executive committee has endorsed or intends to endorse,
3 certify, screen, or otherwise recommend candidates for
4 nomination pursuant to party rule. A copy of such
5 notification shall be provided to the Secretary of State and
6 to the chair of the appropriate state executive committee.
7 Any county executive committee that endorses or intends to
8 endorse, certify, screen, or otherwise recommend one or more
9 candidates for nomination shall forfeit all party assessments
10 which would otherwise be returned to the county executive
11 committee; and such assessments shall be remitted instead to
12 the state executive committee of such party, the provisions of
13 paragraph (1)(b) to the contrary notwithstanding. No such
14 funds so remitted to the state executive committee shall be
15 paid, returned, or otherwise disbursed to the county executive
16 committee under any circumstances. Any county executive
17 committee that is in violation of any party rule after
18 receiving the party assessment shall remit such party
19 assessment to the state executive committee.
20 (b) Any state executive committee that endorses or
21 intends to endorse, certify, screen, or otherwise recommend
22 one or more candidates for nomination shall forfeit all party
23 assessments which would otherwise be returned to the state
24 executive committee; and such assessments shall be remitted
25 instead to the General Revenue Fund of the state. Any state
26 executive committee that is in violation of this section after
27 receiving the party assessment shall remit such party
28 assessment to the General Revenue Fund of the state.
29 (5)(6) The state chair of each state executive
30 committee shall return the 2-percent committee assessment for
31 county candidates to the appropriate county executive
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SENATE AMENDMENT
Bill No. CS for SB 366
Amendment No.
1 committees only upon receipt of a written statement that such
2 county executive committee chooses not to endorse, certify,
3 screen, or otherwise recommend one or more candidates for such
4 party's nomination for election and upon the state chair's
5 determination that the county executive committee is in
6 compliance with all Florida statutes and all state party
7 rules, bylaws, constitutions, and requirements.
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11 And the title is amended as follows:
12 On page 1, lines 3-5, delete those lines
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14 and insert:
15 amending s. 103.121, F.S.; deleting a provision
16 which limits political party endorsements or
17 recommendations of primary candidates; deleting
18 or revising cross references, to conform;
19 amending s. 106.071,
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