HB 1909 2003
1	A bill to be entitled
2	An act relating to elections; amending s. 97.021, F.S.;
3	revising definitions to change terminology relating to
4	paper ballots; conforming terminology; amending s. 97.052,
5	F.S.; revising provisions relating to purposes and
6	reproduction of the uniform statewide voter registration
7	application; amending ss. 99.061 and 99.092, F.S.;
8	conforming and removing obsolete references; amending s.
9	99.095, F.S.; revising provisions for qualifying by the
10	petition process in lieu of paying the qualifying fee and
11	any party assessment; amending ss. 99.0955, 99.096, and
12	99.09651, F.S., to conform; requiring the executive
13	committees of minor political parties to submit the
14	official lists of their candidates to the filing officers
15	for those candidates; amending s. 100.011, F.S.; providing
16	that electors in line at the closing of the polls shall be
17	allowed to vote; amending s. 100.111, F.S.; clarifying
18	applicability of votes cast for former nominee to new
19	nominee when new nominee's name doesn't appear on the
20	ballot due to lack of time; conforming references;
21	amending s. 100.141, F.S.; conforming references; amending
22	s. 100.361, F.S.; revising provisions relating to
23	municipal recall; requiring a letter of intent; providing
24	petition formats; providing for effect of resignation
25	after close of qualifying; amending s. 101.031, F.S.;
26	revising requirements for the printing and distribution of
27	voter instruction cards; amending s. 101.048, F.S.;
28	conforming terminology; amending s. 101.131, F.S.;
29	authorizing political parties to have a certain number of
30	at-large poll watchers; amending s. 101.151, F.S.;
31	requiring marksense ballots to meet the specifications of
32	the voting system used to read the ballots; amending s.
33	101.171, F.S.; requiring copies of constitutional
34	amendments to be posted or made available in booklet form
35	at each precinct; amending s. 101.253, F.S.; revising
36	duties of the supervisor of elections with respect to
37	ballots printed or programmed into the voting devices
38	prior to death, resignation, removal, or withdrawal of a
39	candidate; amending ss. 101.5606, 101.5608, 101.5614, and
40	101.572, F.S.; conforming terminology; amending s.
41	101.595, F.S.; revising provisions relating to the
42	reporting and analysis of voting problems; amending s.
43	101.62, F.S.; conforming terminology; amending s. 101.694,
44	F.S.; revising specifications for absentee ballot
45	envelopes for overseas voters and providing for adoption
46	by rule; amending s. 102.012, F.S.; providing for the
47	appointment of a single election board for each precinct;
48	amending s. 102.071, F.S.; revising requirements for
49	certification and delivery of election results; amending
50	s. 102.111, F.S.; authorizing the Elections Canvassing
51	Commission to delegate to the chief election officer the
52	authority to order recounts; amending s. 102.141, F.S.,
53	relating to county canvassing board duties; specifying
54	responsibility for ordering recounts for various races;
55	revising requirements for the submission of returns by
56	county canvassing boards to the Department of State;
57	clarifying the time of submitting reports on the conduct
58	of the election; conforming terminology; amending s.
59	102.166, F.S.; specifying responsibility for ordering
60	manual recounts for various races; amending s. 102.168,
61	F.S.; specifying indispensable and proper party defendants
62	in actions to contest various races in an election;
63	creating s. 103.092, F.S.; authorizing the solicitation
64	and acceptance of funds for political party property,
65	which shall not be considered campaign contributions;
66	amending s. 105.031, F.S.; clarifying that write-in
67	candidates for school board member are exempt from paying
68	the qualifying fee; conforming references; amending s.
69	105.035, F.S.; revising requirements for qualifying for
70	certain judicial offices and the office of school board
71	member by means of the petition process; amending s.
72	106.011, F.S.; revising the definition of "candidate" to
73	conform terminology; defining "eliminated candidate";
74	amending s. 106.023, F.S.; providing that execution and
75	filing of the Statement of Candidate does not create a
76	presumption of willfulness with respect to violation of
77	ch. 104, F.S., or ch. 106, F.S.; amending s. 106.04, F.S.;
78	reducing the fine for late filing of campaign finance
79	reports by committees of continuous existence for the
80	first 3 days; providing for deposit of fine proceeds into
81	the General Revenue Fund; amending s. 106.07, F.S.;
82	providing requirements for a presumption of timely filing
83	of campaign finance reports delivered by the United States
84	Postal Service; requiring the Florida Elections Commission
85	to consider mitigating and aggravating circumstances in
86	determining the amount of a fine, if any, for late-filed
87	reports; providing for deposit of certain fine proceeds
88	into the General Revenue Fund; creating s. 106.0705, F.S.;
89	requiring the filing of certain campaign treasurer's
90	reports by electronic means and providing requirements for
91	such filings and the system used for such filings;
92	requiring the Division of Elections to adopt rules;
93	amending s. 106.075, F.S.; restricting the reporting of
94	loans exceeding a certain value made in the year preceding
95	election to those that are personal; amending s. 106.08,
96	F.S.; prohibiting candidates from making expenditures from
97	their campaign accounts for the purpose of receiving or
98	obtaining an endorsement; providing penalties; amending s.
99	106.087, F.S.; eliminating the prohibition on independent
100	expenditures by committees of continuous existence that
101	accept the use of public funds or resources to collect
102	member dues; amending s. 106.09, F.S.; prohibiting the
103	making or accepting of a contribution in excess of a
104	specified amount by means of a money order; providing
105	penalties; amending s. 106.11, F.S.; requiring the list of
106	persons authorized to use a debit card to be filed with
107	the filing officer; amending s. 106.141, F.S.; providing
108	for deposit into the General Revenue Fund of reimbursed
109	election assessments; conforming references; amending s.
110	106.25, F.S.; requiring sworn complaints to be based upon
111	personal knowledge of the complainant; authorizing
112	respondents and complainants and their counsels to attend
113	hearings at which probable cause is determined; requiring
114	prior notice; permitting a brief oral statement;
115	specifying bases for determining probable cause; amending
116	s. 106.29, F.S.; providing that the proceeds of funds
117	assessed against political parties for the late filing of
118	reports shall be deposited into the General Revenue Fund;
119	repealing s. 98.181, F.S., relating to duty of the
120	supervisor of elections to make up indexes or records;
121	repealing s. 101.635, F.S., relating to distribution of
122	blocks of printed ballots; repealing s. 102.061, F.S.,
123	relating to duties of election board for counting ballots
124	and closing polls; repealing s. 106.085, F.S., relating to
125	the prohibition on unfair surprise through independent
126	expenditures; repealing s. 106.144, F.S., relating to
127	endorsements or opposition by certain groups and
128	organizations; amending s. 112.312, F.S.; conforming
129	terminology; reenacting ss. 189.405(2)(c) and (3)(b) and
130	191.005(1)(a), F.S., relating to qualifying of candidates
131	for boards of independent special districts and
132	independent special fire control districts, to incorporate
133	the amendment to s. 105.035, F.S., in references thereto;
134	amending s. 582.18, F.S.; conforming terminology;
135	providing an effective date.
136
137	Be It Enacted by the Legislature of the State of Florida:
138
139	Section 1. Paragraph (a) of subsection (3) and subsections
140	(4), (10), and (39) of section 97.021, Florida Statutes, are
141	amended to read:
142	97.021 Definitions.--For the purposes of this code, except
143	where the context clearly indicates otherwise, the term:
144	(3) "Ballot" or "official ballot" when used in reference
145	to:
146	(a) "MarksensePaperballots" means that printed sheet of
147	paper, used in conjunction with an electronic or
148	electromechanical vote tabulation voting system, containing the
149	names of candidates, or a statement of proposed constitutional
150	amendments or other questions or propositions submitted to the
151	electorate at any election, on which sheet of paper an elector
152	casts his or her vote.
153	(4) "Candidate" means any person to whom any one or more
154	of the following applies:
155	(a) Any person who seeks to qualify for nomination or
156	election by means of the petitioning process.
157	(b) Any person who seeks to qualify for election as a
158	write-in candidate.
159	(c) Any person who receives contributions or makes
160	expenditures, or gives his or her consent for any other person
161	to receive contributions or make expenditures, with a view to
162	bringing about his or her nomination or election to, or
163	retention in, public office.
164	(d) Any person who appoints a treasurer and designates a
165	primary depository.
166	(e) Any person who files qualifyingqualificationpapers
167	and subscribes to a candidate's oath as required by law.
168
169	However, this definition does not include any candidate for a
170	political party executive committee.
171	(10) "Election costs" shall include, but not be limited
172	to, expenditures for all paper supplies such as envelopes,
173	instructions to voters, affidavits, reports, marksense ballots
174	ballot cards, ballot booklets for absentee voters, postage, and
175	notices to voters; advertisements for registration book
176	closings, testing of voting equipment, sample ballots, and
177	polling places; forms used to qualify candidates; polling site
178	rental and equipment delivery and pickup; data processing time
179	and supplies; election records retention; and labor costs,
180	including those costs uniquely associated with absentee ballot
181	preparation, poll workers, and election night canvass.
182	(39) "Voting system" means a method of casting and
183	processing votes that functions wholly or partly by use of
184	electromechanical or electronic apparatus or by use of marksense
185	paperballots and includes, but is not limited to, the
186	procedures for casting and processing votes and the programs,
187	operating manuals, suppliestabulating cards, printouts, and
188	other software necessary for the system's operation.
189	Section 2. Subsection (1) of section 97.052, Florida
190	Statutes, is amended to read:
191	97.052 Uniform statewide voter registration application.--
192	(1) The department shall prescribe a uniform statewide
193	voter registration application for use in this state.
194	(a) The uniform statewide voter registration application
195	must be accepted for any one or more of the following purposes:
196	1. Initial registration.
197	2. Change of address.
198	3. Change of party affiliation.
199	4. Change of name.
200	5. Replacement of voter registration identification card.
201	6. Update of signature.
202	(b) The department is responsible for printing the uniform
203	statewide voter registration application and the voter
204	registration application form prescribed by the Federal Election
205	Commission pursuant to the National Voter Registration Act of
206	1993. The applications and forms must be distributed, upon
207	request, to the following:
208	1. Individuals seeking to register to vote.
209	2. Individuals or groups conducting voter registration
210	programs. A charge of 1 cent per application shall be assessed
211	on requests for 10,000 or more applications.
212	3. The Department of Highway Safety and Motor Vehicles.
213	4. Voter registration agencies.
214	5. Armed forces recruitment offices.
215	6. Qualifying educational institutions.
216	7. Supervisors, who must make the applications and forms
217	available in the following manner:
218	a. By distributing the applications and forms in their
219	offices to any individual or group.
220	b. By distributing the applications and forms at other
221	locations designated by each supervisor.
222	c. By mailing the applications and forms to applicants
223	upon the request of the applicant.
224	(c) The uniform statewide voter registration application
225	may be reproduced by any of the individuals or entities
226	described in paragraph (b)private individual or group, provided
227	the reproduced application is in the same format as the
228	application prescribed under this section.
229	Section 3. Subsections (1) and (2), paragraph (a) of
230	subsection (3), subsection (6), and paragraph (a) of subsection
231	(7) of section 99.061, Florida Statutes, are amended to read:
232	99.061 Method of qualifying for nomination or election to
233	federal, state, county, or district office.--
234	(1) The provisions of any special act to the contrary
235	notwithstanding, each person seeking to qualify for nomination
236	or election to a federal, state, or multicounty district office,
237	other than election to a judicial office as defined in chapter
238	105 or the office of school board member, shall file his or her
239	qualifyingqualificationpapers with, and pay the qualifying
240	fee, which shall consist of the filing fee and election
241	assessment, and party assessment, if any has been levied, to,
242	the Department of State, or qualify by the petition process
243	pursuant to s. 99.095alternative methodwith the Department of
244	State, at any time after noon of the 1st day for qualifying,
245	which shall be as follows: the 120th day prior to the first
246	primary, but not later than noon of the 116th day prior to the
247	date of the first primary, for persons seeking to qualify for
248	nomination or election to federal office; and noon of the 50th
249	day prior to the first primary, but not later than noon of the
250	46th day prior to the date of the first primary, for persons
251	seeking to qualify for nomination or election to a state or
252	multicounty district office.
253	(2) The provisions of any special act to the contrary
254	notwithstanding, each person seeking to qualify for nomination
255	or election to a county office, or district or special district
256	office not covered by subsection (1), shall file his or her
257	qualifyingqualificationpapers with, and pay the qualifying
258	fee, which shall consist of the filing fee and election
259	assessment, and party assessment, if any has been levied, to,
260	the supervisor of elections of the county, or shall qualify by
261	the petition process pursuant to s. 99.095alternative method
262	with the supervisor of elections, at any time after noon of the
263	1st day for qualifying, which shall be the 50th day prior to the
264	first primary or special district election, but not later than
265	noon of the 46th day prior to the date of the first primary or
266	special district election. However, if a special district
267	election is held at the same time as the second primary or
268	general election, qualifying shall be the 50th day prior to the
269	first primary, but not later than noon of the 46th day prior to
270	the date of the first primary. Within 30 days after the closing
271	of qualifying time, the supervisor of elections shall remit to
272	the secretary of the state executive committee of the political
273	party to which the candidate belongs the amount of the filing
274	fee, two-thirds of which shall be used to promote the candidacy
275	of candidates for county offices and the candidacy of members of
276	the Legislature.
277	(3)(a) Each person seeking to qualify for election to
278	office as a write-in candidate shall file his or her qualifying
279	qualificationpapers with the respective qualifying officer at
280	any time after noon of the 1st day for qualifying, but not later
281	than noon of the last day of the qualifying period for the
282	office sought.
283	(6) Notwithstanding the qualifying period prescribed in
284	this section, if a candidate has submitted the necessary
285	petitions by the required deadline in order to qualify by the
286	petition process pursuant to s. 99.095alternative methodas a
287	candidate for nomination or election and the candidate is
288	notified after the 5th day prior to the last day for qualifying
289	that the required number of signatures has been obtained, the
290	candidate is entitled to subscribe to the candidate's oath and
291	file the qualifying papers at any time within 5 days afterfrom
292	the date the candidate is notified that the necessary number of
293	signatures has been obtained. Any candidate who qualifies within
294	the time prescribed in this subsection is entitled to have his
295	or her name printed on the ballot.
296	(7)(a) In order for a candidate to be qualified, the
297	following items must be received by the filing officer by the
298	end of the qualifying period:
299	1. A properly executed check drawn upon the candidate's
300	campaign account in an amount not less than the fee required by
301	s. 99.092 or, in lieu thereof, as applicable, the copy of the
302	notice of obtaining ballot position pursuant to s. 99.095 or the
303	undue burden oath authorized pursuant to s. 99.0955 or s.
304	99.096. If a candidate's check is returned by the bank for any
305	reason, the filing officer shall immediately notify the
306	candidate and the candidate shall, the end of qualifying
307	notwithstanding, have 48 hours from the time such notification
308	is received, excluding Saturdays, Sundays, and legal holidays,
309	to pay the fee with a cashier's check purchased from funds of
310	the campaign account. Failure to pay the fee as provided in this
311	subparagraph shall disqualify the candidate.
312	2. The candidate's oath required by s. 99.021, which must
313	contain the name of the candidate as it is to appear on the
314	ballot; the office sought, including the district or group
315	number if applicable; and the signature of the candidate, duly
316	acknowledged.
317	3. The loyalty oath required by s. 876.05, signed by the
318	candidate and duly acknowledged.
319	4. If the office sought is partisan, the written statement
320	of political party affiliation required by s. 99.021(1)(b).
321	5. The completed form for the appointment of campaign
322	treasurer and designation of campaign depository, as required by
323	s. 106.021.
324	6. The full and public disclosure or statement of
325	financial interests required by subsection (4).
326	Section 4. Subsection (1) of section 99.092, Florida
327	Statutes, is amended to read:
328	99.092 Qualifying fee of candidate; notification of
329	Department of State.--
330	(1) Each person seeking to qualify for nomination or
331	election to any office, except a person seeking to qualify by
332	the petitioning processalternative methodpursuant to s.
333	99.095, s. 99.0955, or s. 99.096and except a person seeking to
334	qualify as a write-in candidate, shall pay a qualifying fee,
335	which shall consist of a filing fee and election assessment, to
336	the officer with whom the person qualifies, and any party
337	assessment levied, and shall attach the original or signed
338	duplicate of the receipt for his or her party assessment or pay
339	the same, in accordance with the provisions of s. 103.121, at
340	the time of filing his or her other qualifying papers. The
341	amount of the filing fee is 3 percent of the annual salary of
342	the office. The amount of the election assessment is 1 percent
343	of the annual salary of the office sought. The election
344	assessment shall be deposited into the Elections Commission
345	Trust Fund. The amount of the party assessment is 2 percent of
346	the annual salary. The annual salary of the office for purposes
347	of computing the filing fee, election assessment, and party
348	assessment shall be computed by multiplying 12 times the monthly
349	salary, excluding any special qualification pay, authorized for
350	such office as of July 1 immediately preceding the first day of
351	qualifying. No qualifying fee shall be returned to the candidate
352	unless the candidate withdraws his or her candidacy before the
353	last date to qualify. If a candidate dies prior to an election
354	and has not withdrawn his or her candidacy before the last date
355	to qualify, the candidate's qualifying fee shall be returned to
356	his or her designated beneficiary, and, if the filing fee or any
357	portion thereof has been transferred to the political party of
358	the candidate, the Secretary of State shall direct the party to
359	return that portion to the designated beneficiary of the
360	candidate.
361	Section 5. Section 99.095, Florida Statutes, is amended to
362	read:
363	(Substantial rewording of section. See
364	s. 99.095, F.S., for present text.)
365	99.095 Petition process in lieu of qualifying fee and party
366	assessment.--
367	(1) A person seeking to qualify as a candidate for any
368	office, other than a judicial office as defined in s. 105.011 or
369	the office of school board member, is not required to pay the
370	qualifying fee or party assessment required by this chapter if he
371	or she meets the petition requirements of this section.
372	(2)(a) A candidate shall obtain the signatures of voters in
373	the geographical area represented by the office sought equal to
374	at least 1 percent of the total number of voters of that
375	geographical area, as shown by the compilation by the department
376	for the last preceding general election. No signatures may be
377	obtained until the candidate has filed the appointment of
378	campaign treasurer and designation of campaign depository
379	pursuant to s. 106.021.
380	(b) The format of the petition shall be prescribed by the
381	division and shall be used by candidates to reproduce petitions
382	for circulation. If the candidate is running for an office that
383	requires a group or district designation, the petition must
384	indicate that designation or the signatures are not valid. A
385	separate petition is required for each candidate.
386	(3) Each petition must be submitted before noon of the 28th
387	day preceding the first day of the qualifying period for the
388	office sought to the supervisor of elections of the county in
389	which such petition was circulated. Each supervisor shall check
390	the signatures on the petitions to verify their status as voters
391	in the county, district, or other geographical area represented
392	by the office sought. No later than the 7th day prior to the 1st
393	day of the qualifying period, the supervisor shall certify the
394	number of valid signatures.
395	(4)(a) Certifications for candidates for federal, state, or
396	multicounty district office shall be submitted to the division.
397	The division shall determine whether the required number of
398	signatures has been obtained and shall notify the candidate.
399	(b) For candidates for county or district office not
400	covered by paragraph (a), the supervisor shall determine whether
401	the required number of signatures has been obtained and shall
402	notify the candidate.
403	(5) If the required number of signatures has been obtained,
404	the candidate is eligible to qualify pursuant to s. 99.061.
405	Section 6. Section 99.0955, Florida Statutes, is amended
406	to read:
407	99.0955 Candidates with no party affiliation; name on
408	general election ballot.--
409	(1) Each person seeking to qualify for electionas a
410	candidate with no party affiliation shall file his or her
411	qualifyingqualification papers and pay the qualifying fee,or
412	qualify by the petition process pursuant to s. 99.095,
413	alternative method prescribed in subsection (3)with the officer
414	and during the times and under the circumstances prescribed in
415	s. 99.061. Upon qualifying, the candidate is entitled to have
416	his or her name placed on the general election ballot.
417	(2) The qualifying fee for candidates with no party
418	affiliation shall consist of a filing fee and an election
419	assessment. The amount of the filing fee is 3 percent of the
420	annual salary of the office sought. The amount of the election
421	assessment is 1 percent of the annual salary of the office
422	sought. The election assessment shall be deposited into the
423	Elections Commission Trust Fund. Filing fees paid to the
424	Department of State shall be deposited into the General Revenue
425	Fund of the state. Filing fees paid to the supervisor of
426	elections shall be deposited into the general revenue fund of
427	the county.
428	(3)(a) A candidate with no party affiliation may, in lieu
429	of paying the qualifying fee, qualify for office by the
430	alternative method prescribed in this subsection. A candidate
431	using this petitioning process shall file an oath with the
432	officer before whom the candidate would qualify for the office
433	stating that he or she intends to qualify by this alternative
434	method. If the person is running for an office that requires a
435	group or district designation, the candidate must indicate the
436	designation in his or her oath. The oath shall be filed at any
437	time after the first Tuesday after the first Monday in January
438	of the year in which the election is held, but before the 21st
439	day preceding the first day of the qualifying period for the
440	office sought. The Department of State shall prescribe the form
441	to be used in administering and filing the oath. Signatures may
442	not be obtained by a candidate on any petition until the
443	candidate has filed the oath required in this subsection. Upon
444	receipt of the written oath from a candidate, the qualifying
445	officer shall provide the candidate with petition forms in
446	sufficient numbers to facilitate the gathering of signatures. If
447	the candidate is running for an office that requires a group or
448	district designation, the petition must indicate that
449	designation or the signatures obtained on the petition will not
450	be counted.
451	(b) A candidate shall obtain the signatures of a number of
452	qualified electors in the geographical entity represented by the
453	office sought equal to 1 percent of the registered electors of
454	the geographical entity represented by the office sought, as
455	shown by the compilation by the Department of State for the
456	preceding general election.
457	(c) Each petition must be submitted before noon of the
458	21st day preceding the first day of the qualifying period for
459	the office sought, to the supervisor of elections of the county
460	for which such petition was circulated. Each supervisor to whom
461	a petition is submitted shall check the signatures on the
462	petition to verify their status as electors in the county,
463	district, or other geographical entity represented by the office
464	sought. Before the first day for qualifying, the supervisor
465	shall certify the number shown as registered electors.
466	(d)1. Certifications for candidates for federal, state, or
467	multicounty district office shall be submitted to the Department
468	of State. The Department of State shall determine whether the
469	required number of signatures has been obtained for the name of
470	the candidate to be placed on the ballot and shall notify the
471	candidate.
472	2. For candidates for county or district office not
473	covered by subparagraph 1., the supervisor of elections shall
474	determine whether the required number of signatures has been
475	obtained for the name of the candidate to be placed on the
476	ballot and shall notify the candidate.
477	(e) If the required number of signatures has been
478	obtained, the candidate shall, during the time prescribed for
479	qualifying for office, submit a copy of the notice received
480	under paragraph (d) and file his or her qualifying papers and
481	the oath prescribed by s. 99.021 with the qualifying officer.
482	Section 7. Section 99.096, Florida Statutes, is amended to
483	read:
484	99.096 Minor party candidates; names on ballot.--
485	(1) The executive committee of a minor political party
486	shall, no later than noon of the third day prior to the first
487	day of the qualifying period prescribed for federal candidates,
488	submit to the Department of State a list of federal candidates
489	nominated by the party to be on the general election ballot.and
490	No later than noon of the third day prior to the first day of
491	the qualifying period for state candidates, the executive
492	committee of a minor political party must submit to the
493	Department of State the official list of the state, multicounty,
494	and countyrespectivecandidates nominated by that party to be
495	on the ballot in the general election to the filing officer for
496	each of the candidates. The Department of State shall notify the
497	appropriate supervisors of elections of the name of each minor
498	party candidate eligible to qualify before such supervisor.The
499	official list of nominated candidates may not be changed by the
500	party after having been filed with the filing officers
501	Department of State, except that candidates who have qualified
502	may withdraw from the ballot pursuant to the provisions of this
503	code, and vacancies in nominations may be filled pursuant to s.
504	100.111.
505	(2) Each person seeking to qualify for election as a
506	candidate of a minor party shall file his or her qualifying
507	qualificationpapers with, and pay the qualifying fee and, if
508	one has been levied, the party assessment, or qualify by the
509	petition process pursuant to s. 99.095alternative method
510	prescribed in subsection (3), with the officer and at the times
511	and under the circumstances provided in s. 99.061.
512	(3)(a) A minor party candidate may, in lieu of paying the
513	qualifying fee and party assessment, qualify for office by the
514	alternative method prescribed in this subsection. A candidate
515	using this petitioning process shall file an oath with the
516	officer before whom the candidate would qualify for the office
517	stating that he or she intends to qualify by this alternative
518	method. If the person is running for an office that requires a
519	group or district designation, the candidate must indicate the
520	designation in his or her oath. The oath must be filed at any
521	time after the first Tuesday after the first Monday in January
522	of the year in which the election is held, but before the 21st
523	day preceding the first day of the qualifying period for the
524	office sought. The Department of State shall prescribe the form
525	to be used in administering and filing the oath. Signatures may
526	not be obtained by a candidate on any petition until the
527	candidate has filed the oath required in this section. Upon
528	receipt of the written oath from a candidate, the qualifying
529	officer shall provide the candidate with petition forms in
530	sufficient numbers to facilitate the gathering of signatures. If
531	the candidate is running for an office that requires a group or
532	district designation, the petition must indicate that
533	designation or the signatures on such petition will not be
534	counted.
535	(b) A candidate shall obtain the signatures of a number of
536	qualified electors in the geographical entity represented by the
537	office sought equal to 1 percent of the registered electors in
538	the geographical entity represented by the office sought, as
539	shown by the compilation by the Department of State for the last
540	preceding general election.
541	(c) Each petition shall be submitted prior to noon of the
542	21st day preceding the first day of the qualifying period for
543	the office sought to the supervisor of elections of the county
544	for which the petition was circulated. Each supervisor to whom a
545	petition is submitted shall check the signatures on the petition
546	to verify their status as electors in the county, district, or
547	other geographical entity represented by the office sought.
548	Before the first day for qualifying, the supervisor shall
549	certify the number shown as registered electors.
550	(d)1. Certifications for candidates for federal, state, or
551	multicounty district office shall be submitted to the Department
552	of State. The Department of State shall determine whether the
553	required number of signatures has been obtained for the name of
554	the candidate to be placed on the ballot and shall notify the
555	candidate.
556	2. For candidates for county or district office not
557	covered by subparagraph 1., the supervisor of elections shall
558	determine whether the required number of signatures has been
559	obtained for the name of the candidate to be placed on the
560	ballot and shall notify the candidate.
561	(e) If the required number of signatures has been
562	obtained, the candidate shall, during the prescribed time for
563	qualifying for office, submit a copy of the notice received
564	under paragraph (d) and file his or her qualifying papers and
565	the oath prescribed by s. 99.021 with the qualifying officer.
566	(4) A minor party candidate whose name has been submitted
567	pursuant to subsection (1) and who has qualified for office is
568	entitled to have his or her name placed on the general election
569	ballot.
570	Section 8. Subsection (1) of section 99.09651, Florida
571	Statutes, is amended to read:
572	99.09651 Signature requirements for ballot position in
573	year of apportionment.--
574	(1) In a year of apportionment, any candidate for
575	representative to Congress, state Senate, or state House of
576	Representatives seeking ballot position by the petition process
577	alternative method prescribed in s. 99.095, s. 99.0955, or s.
578	99.096shall obtain at least the number of signatures equal to
579	one-third of 1 percent of the ideal population for the district
580	of the office being sought.
581	Section 9. Subsection (1) of section 100.011, Florida
582	Statutes, is amended to read:
583	100.011 Opening and closing of polls, all elections;
584	expenses.--
585	(1) The polls shall be open at the voting places at 7:00
586	a.m., on the day of the election, and shall be kept open until
587	7:00 p.m., of the same day, and the time shall be regulated by
588	the customary time in standard use in the county seat of the
589	locality. The inspectors shall make public proclamation of the
590	opening and closing of the polls. During the election and
591	canvass of the votes, the ballot box shall not be concealed. Any
592	elector in line at the official closing of the polls shall be
593	allowed to cast a vote in that election.
594	Section 10. Paragraph (c) of subsection (3) and
595	subsections (4) and (6) of section 100.111, Florida Statutes,
596	are amended to read:
597	100.111 Filling vacancy.--
598	(3) Whenever there is a vacancy for which a special
599	election is required pursuant to s. 100.101(1)-(4), the
600	Governor, after consultation with the Secretary of State, shall
601	fix the date of a special first primary election, a special
602	second primary election, and a special election. Nominees of
603	political parties other than minor political parties shall be
604	chosen under the primary laws of this state in the special
605	primary elections to become candidates in the special election.
606	Prior to setting the special election dates, the Governor shall
607	consider any upcoming elections in the jurisdiction where the
608	special election will be held. The dates fixed by the Governor
609	shall be specific days certain and shall not be established by
610	the happening of a condition or stated in the alternative. The
611	dates fixed shall provide a minimum of 2 weeks between each
612	election. In the event a vacancy occurs in the office of state
613	senator or member of the House of Representatives when the
614	Legislature is in regular legislative session, the minimum times
615	prescribed by this subsection may be waived upon concurrence of
616	the Governor, the Speaker of the House of Representatives, and
617	the President of the Senate. If a vacancy occurs in the office
618	of state senator and no session of the Legislature is scheduled
619	to be held prior to the next general election, the Governor may
620	fix the dates for any special primary and for the special
621	election to coincide with the dates of the first and second
622	primary and general election. If a vacancy in office occurs in
623	any district in the state Senate or House of Representatives or
624	in any congressional district, and no session of the
625	Legislature, or session of Congress if the vacancy is in a
626	congressional district, is scheduled to be held during the
627	unexpired portion of the term, the Governor is not required to
628	call a special election to fill such vacancy.
629	(c) The dates for a candidate to qualify by the petition
630	process pursuant to s. 99.095alternative methodin such special
631	primary or special election shall be fixed by the Department of
632	State. In fixing such dates the Department of State shall take
633	into consideration and be governed by the practical time
634	limitations. Any candidate seeking to qualify by the petition
635	processalternative methodin a special primary election shall
636	obtain 25 percent of the signatures required by s. 99.095, s.
637	99.0955, or s. 99.096, as applicable.
638	(4)(a) In the event that death, resignation, withdrawal,
639	removal, or any other cause or event should cause a party to
640	have a vacancy in nomination which leaves no candidate for an
641	office from such party, the Governor shall, after conferring
642	with the Secretary of State, call a special primary election
643	and, if necessary, a second special primary election to select
644	for such office a nominee of such political party. The dates on
645	which candidates may qualify for such special primary election
646	shall be fixed by the Department of State, and the candidates
647	shall qualify no later than noon of the last day so fixed. The
648	filing of campaign expense statements by candidates in special
649	primaries shall not be later than such dates as shall be fixed
650	by the Department of State. In fixing such dates, the Department
651	of State shall take into consideration and be governed by the
652	practical time limitations. The qualifying fees and party
653	assessment of such candidates as may qualify shall be the same
654	as collected for the same office at the last previous primary
655	for that office. Each county canvassing board shall make as
656	speedy a return of the results of such primaries as time will
657	permit, and the Elections Canvassing Commission shall likewise
658	make as speedy a canvass and declaration of the nominees as time
659	will permit.
660	(b) If the vacancy in nomination occurs later than
661	September 15, or if the vacancy in nomination occurs with
662	respect to a candidate of a minor political party which has
663	obtained a position on the ballot, no special primary election
664	shall be held and the Department of State shall notify the chair
665	of the appropriate state, district, or county political party
666	executive committee of such party; and, within 7 days, the chair
667	shall call a meeting of his or her executive committee to
668	consider designation of a nominee to fill the vacancy. The name
669	of any person so designated shall be submitted to the Department
670	of State within 14 days afterof notice to the chair in order
671	that the person designated may have his or her name printed or
672	otherwise placed on the ballot of the ensuing general election,
673	but in no event shall the supervisor of elections be required to
674	place on a ballot a name submitted less than 21 days prior to
675	the election. If the name of the new nominee is submitted after
676	the ballots have been printed or programmed into the voting
677	devices and the supervisor of elections is not able to reprint
678	or reprogram the ballots or otherwise strike the former
679	nominee’s name and insert the new nominee’s namevacancy occurs
680	less than 21 days prior to the election, the person designated
681	by the political party will replace the former party nominee
682	even though the former party nominee's name will be on the
683	ballot. Any ballots cast for the former party nominee will be
684	counted for the person designated by the political party to
685	replace the former party nominee. If there is no opposition to
686	the party nominee, the person designated by the political party
687	to replace the former party nominee will be elected to office at
688	the general election. For purposes of this paragraph, the term
689	"district political party executive committee" means the members
690	of the state executive committee of a political party from those
691	counties comprising the area involving a district office.
692	(c) When, under the circumstances set forth in the
693	preceding paragraph, vacancies in nomination are required to be
694	filled by committee nominations, such vacancies shall be filled
695	by party rule. In any instance in which a nominee is selected by
696	a committee to fill a vacancy in nomination, such nominee shall
697	pay the same filing fee and take the same oath as the nominee
698	would have taken had he or she regularly qualified for election
699	to such office.
700	(d) Any person who, at the close of qualifying as
701	prescribed in ss. 99.061 and 105.031, was qualified for
702	nomination or election to or retention in a public office to be
703	filled at the ensuing general election is prohibited from
704	qualifying as a candidate to fill a vacancy in nomination for
705	any other office to be filled at that general election, even if
706	such person has withdrawn or been eliminated as a candidate for
707	the original office sought. However, this paragraph does not
708	apply to a candidate for the office of Lieutenant Governor who
709	applies to fill a vacancy in nomination for the office of
710	Governor on the same ticket or to a person who has withdrawn or
711	been eliminated as a candidate and who is subsequently
712	designated as a candidate for Lieutenant Governor under s.
713	99.063.
714	(6) In the event that a vacancy occurs which leaves less
715	than 4 weeks for a candidate seeking to qualify by the petition
716	process pursuant to s. 99.095alternative methodto gather
717	signatures for ballot position, the number of signatures
718	required for ballot placement shall be 25 percent of the number
719	of signatures required by s. 99.095, s. 99.0955, or s. 99.096,
720	whichever is applicable.
721	Section 11. Subsection (2) of section 100.141, Florida
722	Statutes, is amended to read:
723	100.141 Notice of special election to fill any vacancy in
724	office or nomination.--
725	(2) The Department of State shall prepare a notice stating
726	what offices and vacancies are to be filled in the special
727	election, the date set for each special primary election and the
728	special election, the dates fixed for qualifying for office, the
729	dates fixed for qualifying by the petition process pursuant to
730	s. 99.095alternative method, and the dates fixed for filing
731	campaign expense statements.
732	Section 12. Section 100.361, Florida Statutes, is amended
733	to read:
734	100.361 Municipal or charter countyrecall.--
735	(1) RECALL PETITION.--Any member of the governing body of
736	a municipality or charter county, hereinafter referred to in
737	this section as "municipality,"may be removed from office by
738	the electors of the municipality or charter county. When the
739	official represents a district and is elected only by electors
740	residing in that district, only electors from that district are
741	eligible to sign the petition to recall that official and are
742	entitled to vote in the recall election. When the official
743	represents a district and is elected at-large by the electors of
744	the municipality or charter county, all electors of the
745	municipality or charter countyare eligible to sign the petition
746	to recall that official and are entitled to vote in the recall
747	election. Where used in this section, the term "district" shall
748	be construed to mean the area or region of a municipality or
749	charter countyfrom which a member of the governing body is
750	elected by the electors from such area or region. Members may be
751	removed from office by the following procedure:
752	(a) A petition shall be prepared naming the person sought
753	to be recalled and containing a statement of grounds for recall
754	in not more than 200 words, using at least 10-point but not more
755	than 14-point type and no graphic or pictorial representation,
756	andlimited solely to the grounds specified in paragraph (b). If
757	more than one member of the governing body is sought to be
758	recalled, whether such member is elected by the electors of a
759	district or by the electors of the municipality or charter
760	countyat-large, a separate recall petition shall be prepared
761	for each member sought to be recalled.
762	1. In a municipality, charter county,or district of fewer
763	than 500 electors, the petition shall be signed by at least 50
764	electors or by 10 percent of the total number of registered
765	electors of the municipality, charter county,or district as of
766	the preceding municipal or charter county election, whichever is
767	greater.
768	2. In a municipality, charter county,or district of 500
769	or more but fewer than 2,000 registered electors, the petition
770	shall be signed by at least 100 electors or by 10 percent of the
771	total number of registered electors of the municipality, charter
772	county, or district as of the preceding municipal or charter
773	countyelection, whichever is greater.
774	3. In a municipality, charter county,or district of 2,000
775	or more but fewer than 5,000 registered electors, the petition
776	shall be signed by at least 250 electors or by 10 percent of the
777	total number of registered electors of the municipality, charter
778	county, or district as of the preceding municipal or charter
779	countyelection, whichever is greater.
780	4. In a municipality, charter county,or district of 5,000
781	or more but fewer than 10,000 registered electors, the petition
782	shall be signed by at least 500 electors or by 10 percent of the
783	total number of registered electors of the municipality, charter
784	county, or district as of the preceding municipal or charter
785	countyelection, whichever is greater.
786	5. In a municipality, charter county,or district of
787	10,000 or more but fewer than 25,000 registered electors, the
788	petition shall be signed by at least 1,000 electors or by 10
789	percent of the total number of registered electors of the
790	municipality, charter county,or district as of the preceding
791	municipal or charter countyelection, whichever is greater.
792	6. In a municipality, charter county,or district of
793	25,000 or more registered electors, the petition shall be signed
794	by at least 1,000 electors or by 5 percent of the total number
795	of registered electors of the municipality, charter county,or
796	district as of the preceding municipal or charter county
797	election, whichever is greater.
798
799	Electors of the municipality, charter county,or district making
800	charges contained in the statement of grounds for recall and
801	those signing the recall petition shall be designated as the
802	"committee." A specific person shall be designated in the
803	petition as chair of the committee to act for the committee.
804	Electors of the municipality, charter county,or district are
805	eligible to sign the petition. Signatures and oaths of witnesses
806	shall be executed as provided in paragraph (c). Before
807	collecting any signatures, the chair of the committee shall file
808	a letter of intent with the clerk of the municipality or charter
809	county, or his or her equivalent.All signatures shall be
810	obtained within a period of 30 days,and the petition shall be
811	filed within 30 days after receipt by the clerk of the letter of
812	intentthe date the first signature is obtained on the petition.
813	(b) The grounds for removal of elected members of the
814	governing body of a municipality or charter countymunicipal
815	officialsshall, for the purposes of this act, be limited to the
816	following and must be contained in the petition:
817	1. Malfeasance;
818	2. Misfeasance;
819	3. Neglect of duty;
820	4. Drunkenness;
821	5. Incompetence;
822	6. Permanent inability to perform official duties; and
823	7. Conviction of a felony involving moral turpitude.
824	(c) Each elector of the municipality or charter county
825	signing a petition shall sign his or her name in ink or
826	indelible pencil as registered in the office of the supervisor
827	of elections and shall state on the petition his or her place of
828	residence and voting precinct. Each petition shall be entitled
829	"Recall Petition" andcontain appropriate lines for the
830	signature, printed name, and residencestreetaddress of the
831	elector and an oath, to be executed by a witness thereof,
832	verifying the fact that the witness saw each person sign the
833	counterpart of the petition, that each signature appearing
834	thereon is the genuine signature of the person it purports to
835	be, and that the petition was signed in the presence of the
836	witness on the date indicated. The "Recall Petition" shall be
837	created in substantially the following form:
838
839	RECALL PETITION
840
841	(Statement of grounds for recall - 200 words or less)
842
843	... (Printed Name) ...
844	... (Signature of Elector) ...
845	... (Residence Address) ...
846	... (Date of Birth) ...
847	... (Date Signed) ...
848
849	I, ... (printed name of witness) ..., do hereby swear or
850	affirm that I have witnessed each person sign the petition, that
851	each signature is the genuine signature of the person it
852	purports to be, and that the petition was signed in the presence
853	of the witness on the date indicated.
854
855	Witness:
856
857	... (Signature) ... ... (Date) ...
858
859	... (Designated Committee Chair Information) ...
860
861	(d) The petition shall be filed with the auditor or clerk
862	of the municipality or charter county, or his or her equivalent,
863	hereinafter referred to as clerk,by the person designated as
864	chair of the committee, and, when the petition is filed, the
865	clerk shall, within 5 days after receipt,submit such petition
866	to the county supervisor of elections who shall, within a period
867	of not more than 30 days after the petition is filed with the
868	supervisor, determine whether the petition contains the required
869	valid signatures. The petition cannot be amended after it is
870	filed with the clerk. The supervisor shall be paid by the
871	persons or committee chairseeking verification the sum of 10
872	cents for each name checked.
873	(e) If it is determined that the petition does not contain
874	the required signatures, the clerk shall, within 5 days after
875	notification by the supervisor of elections,so certify to the
876	governing body of the municipality or charter county and file
877	the petition without taking further action, and the matter shall
878	be at an end. No additional names may be added to the petition,
879	and the petition shall not be used in any other proceeding.
880	(f) If it is determined that the petition has the required
881	signatures, then the clerk shall, within 5 days after
882	notification by the supervisor of elections,at onceserve upon
883	the person sought to be recalled a certified copy of the
884	petition. Within 5 days after receipt of the petitionservice,
885	the person sought to be recalled may file with the clerk a
886	defensive statement of not more than 200 words, using at least
887	10-point but not more than 14-point type and no graphic or
888	pictorial representation. The clerk shall, within 5 days after
889	receipt of the defensive statement, prepare a sufficient number
890	of typewritten, printed, or mimeographed copies of the "Recall
891	Petition and Defense"recall petition and defensive statement,
892	as well as the names, addresses, and oaths on the original
893	petition,and deliver them to the person who has been designated
894	as chair of the committee and take his or her receipt therefor.
895	TheSuch prepared copies shall be entitled"Recall Petition and
896	Defense" and shall contain the statement of grounds for recall
897	and the defensive statement along withlines and spaces for
898	signatures and printed names of registered electors, place of
899	residence, election precinct number,and date of signing,
900	together with oaths to be executed by the witnesses which
901	conform to the provisions of paragraph (c). The clerk shall
902	deliver forms sufficient to carry the signatures of 30 percent
903	of the registered electors. The "Recall Petition and Defense"
904	shall be created in substantially the following form:
905
906	RECALL PETITION AND DEFENSE
907
908	(Grounds for recall as stated in original recall petition)
909
910	(Defensive statement - 200 words or less)
911
912	... (Printed Name) ...
913	... (Signature of Elector) ...
914	... (Residence Address) ...
915	... (Date of Birth) ...
916	... (Date Signed) ...
917
918	I, ... (printed name of witness) ..., do hereby swear or
919	affirm that I have witnessed each person sign the petition, that
920	each signature is the genuine signature of the person it
921	purports to be, and that the petition was signed in the presence
922	of the witness on the date indicated.
923
924	Witness:
925
926	... (Signature) ... ... (Date) ...
927
928	... (Designated Committee Chair Information) ...
929
930
931	(g) Upon receipt,of the "Recall Petition and Defense,"
932	the committee may circulate the "Recall Petition and Defense"
933	them to obtain the signatures of 15 percent of the electors as
934	of the last regularly scheduled election in the jurisdiction of
935	the recall. Any elector who signs a recall petition shall have
936	the right to demand in writing that his or her name be stricken
937	from the petition. A written demand signed by the elector shall
938	be filed with the clerk and upon receipt of the demand the clerk
939	shall strike the name of the elector from the petition and place
940	his or her initials to the side of the signature stricken.
941	However,No signature may be stricken after the clerk has
942	delivered the "Recall Petition and Defense" to the supervisor of
943	elections for verification.
944	(h) Within 60 days after the date of receipt by the chair
945	delivery of the "Recall Petition and Defense," to the chair,the
946	chair shall file with the clerk the "Recall Petition and
947	Defense" which bears the signatures of electors. The clerk
948	shall, within 5 days after receipt from the chair,assemble all
949	signed petitions, check to see that each petition is properly
950	verified by the oath of a witness, and submit such petitions to
951	the county supervisor of elections, who shall determine the
952	number of valid signatures, purge the names withdrawn,certify
953	within 30 days whether 15 percent of the qualified electors from
954	the last regularly scheduled election in the jurisdiction of the
955	recallof the municipalityhave signed the petitions, and report
956	his or her findings to the governing body and the clerk. The
957	supervisor shall be paid by the persons or committee seeking
958	verification the sum of 10 cents for each name checked.
959	(i) If the petitions do not contain the required
960	signatures, the clerk shall report such fact to the governing
961	body and file the petitions, the proceedings shall be
962	terminated, and the petitions shall not again be used. If the
963	signatures do amount to at least 15 percent of the qualified
964	electors from the last regularly scheduled election in the
965	jurisdiction of the recall, the clerk shall serve notice of that
966	fact upon the person sought to be recalled and deliver to the
967	governing body a certificate as to the percentage of qualified
968	voters who signed.
969	(2) RECALL ELECTION.--If the person designated in the
970	petition files with the clerk, within 5 days after the last-
971	mentioned notice,his or her written resignation, the clerk
972	shall, within 5 days after receipt of the resignation,at once
973	notify the governing body of that fact, and the resignation
974	shall be irrevocable. The governing body shall then proceed to
975	fill the vacancy according to the provisions of the appropriate
976	law. However, if the resignation is filed with the clerk after
977	the close of the qualifying period set for that seat, the recall
978	election shall still be held to fill the vacancy created by the
979	resignation.In the absence of a resignation, the chief judge of
980	the judicial circuit in which the municipality or charter county
981	is located shall fix a day for holding a recall election for the
982	removal of those not resigning. Any such election shall be held
983	not less than 30 days or more than 60 days after notice required
984	under paragraph (1)(i)the expiration of the 5-day period last-
985	mentionedand at the same time as any other general or special
986	election held within the period; but if no such election is to
987	be held within that period, the judge shall call a special
988	recall election to be held within the period aforesaid.
989	(3) BALLOTS.--The ballots at the recall election shall
990	conform to the following: With respect to each person whose
991	removal is sought, the question shall be submitted: "Shall ...
992	(name of person) ... be removed from the office of ... (title
993	and district or ward number, as applicable) ...by recall?"
994	Immediately following each question there shall be printed on
995	the ballots the two propositions in the order here set forth:
996	"... (name of person) ... should be removed from office."
997	"... (name of person) ... should not be removed from
998	office."
999	(4) FILLING OF VACANCIES; SPECIAL ELECTIONS.--
1000	(a) If an election is held for the recall of members
1001	elected only at-large, candidates to succeed them for the
1002	unexpired terms shall be voted upon at the same election and
1003	shall be elected in the same manner as provided by the
1004	appropriate law for the election of candidates at general
1005	elections. Candidates shall not be elected to succeed any
1006	particular member. If only one member is removed, the candidate
1007	receiving the highest number of votes shall be declared elected
1008	to fill the vacancy. If more than one member is removed,
1009	candidates equal in number to the number of members removed
1010	shall be declared elected to fill the vacancies; and, among the
1011	successful candidates, those receiving the greatest number of
1012	votes shall be declared elected for the longest terms. Cases of
1013	ties, and all other matters not herein specially provided for,
1014	shall be determined by the rules governing elections generally.
1015	(b) If an election is held for the recall of members
1016	elected only from districts, candidates to succeed them for the
1017	unexpired terms shall be voted upon at a special election called
1018	by the chief judge of the judicial circuit in which the
1019	districts are located not less than 30 days or more than 60 days
1020	after the expiration of the recall election. The qualifying
1021	period, for purposes of this section, shall be established by
1022	the chief judge of the judicial circuit after consultation with
1023	the clerk or election official. Any candidate seeking election
1024	to fill the unexpired term of a recalled district municipal or
1025	charter countyofficial shall reside in the district represented
1026	by the recalled official and qualify for office in the manner
1027	required by law. Each candidate receiving the highest number of
1028	votes for each office in the special district recall election
1029	shall be declared elected to fill the unexpired term of the
1030	recalled official. Candidates seeking election to fill a vacancy
1031	created by the removal of a municipal or charter countyofficial
1032	shall be subject to the provisions of chapter 106.
1033	(c) When an election is held for the recall of members of
1034	the governing body composed of both members elected at-large and
1035	from districts, candidates to succeed them for the unexpired
1036	terms shall be voted upon at a special election as provided in
1037	paragraph (b).
1038	(d) However, in any recall election held pursuant to
1039	paragraph (b) or paragraph (c), if only one member is voted to
1040	be removed from office, the vacancy created by the recall shall
1041	be filled by the governing body according to the provisions of
1042	the appropriate law for filling vacancies.
1043	(5) EFFECT OF RESIGNATIONS.--If the member of the
1044	governing body being recalled resigns from office prior to the
1045	recall election, the remaining members shall fill the vacancy
1046	created according to the appropriate law for filling vacancies.
1047	However, if the resignation is filed with the clerk after the
1048	close of the qualifying period set for that seat, the recall
1049	election shall still be held to fill the vacancy created by the
1050	resignation.If all of the members of the governing body are
1051	sought to be recalled and all of the members resign prior to the
1052	recall election, the recall election shall be canceled, and a
1053	special election shall be called to fill the unexpired terms of
1054	the resigning members. If all of the members of the governing
1055	body are sought to be recalled and any of the members resign
1056	prior to the recall election, the proceedings for the recall of
1057	members not resigning and the election of successors to fill the
1058	unexpired terms shall continue and have the same effect as
1059	though there had been no resignation.
1060	(6) WHEN PETITION MAY BE FILED.--No petition to recall any
1061	member of the governing body of a municipality or charter county
1062	shall be filed until the member has served one-fourth of his or
1063	her term of office. No person removed by a recall, or resigning
1064	after a petition has been filed against him or her, shall be
1065	eligible to be appointed to the governing body within a period
1066	of 2 years after the date of such recall or resignation. The
1067	clerk shall preserve in his or her office all papers comprising
1068	or connected with a petition for recall for a period of 2 years
1069	after they were filed. This method of removing members of the
1070	governing body of a municipality or charter countyis in
1071	addition to such other methods now or hereafter provided by the
1072	general laws of this state.
1073	(7) OFFENSES RELATING TO PETITIONS.--No person shall
1074	impersonate another, purposely write his or her name or
1075	residence falsely in the signing of any petition for recall or
1076	forge any name thereto, or sign any paper with knowledge that he
1077	or she is not a qualified elector of the municipality or charter
1078	county. No expenditures for campaigning for or against an
1079	officer being recalled shall be made until the date on which the
1080	recall election is to be held is publicly announced. The
1081	committee and the personofficerbeing recalled shall be subject
1082	to chapter 106. No person shall employ or pay another to accept
1083	employment or payment for circulating or witnessing a recall
1084	petition. Any person violating any of the provisions of this
1085	section shall be deemed guilty of a misdemeanor of the second
1086	degree and shall, upon conviction, be punished as provided by
1087	law.
1088	(8) INTENT.--It is the intent of the Legislature that the
1089	recall procedures provided in this act shall be uniform
1090	statewide. Therefore, all municipal charter, county charter,and
1091	special law provisions which are contrary to the provisions of
1092	this act are hereby repealed to the extent of this conflict.
1093	(9) PROVISIONS APPLICABLE.--The provisions of this act
1094	shall apply to cities and charter counties whether or not they
1095	have adopted recall provisions.
1096	Section 13. Subsection (1) of section 101.031, Florida
1097	Statutes, is amended to read:
1098	101.031 Instructions for electors.--
1099	(1) The Department of State, or in case of municipal
1100	elections the governing body of the municipality,shall print,
1101	in large type on cards, instructions for the electors to use in
1102	voting. It shall provide not less than two cards for each voting
1103	precinct for each election and furnish such cards to each
1104	supervisor upon requisition.Each supervisor of elections shall
1105	send a sufficient number of these cards to the precincts prior
1106	to an election. The election inspectors shall display the cards
1107	in the polling places as information for electors. The cards
1108	shall contain information about how to vote and such other
1109	information as the Department of State may deem necessary. The
1110	cards must also include the list of rights and responsibilities
1111	afforded to Florida voters, as described in subsection (2).
1112	Section 14. Subsection (4) of section 101.048, Florida
1113	Statutes, is amended to read:
1114	101.048 Provisional ballots.--
1115	(4) In counties where the voting system does not utilize a
1116	marksensepaperballot, the supervisor of elections shall
1117	provide the appropriate provisional ballots to each polling
1118	place.
1119	Section 15. Section 101.131, Florida Statutes, is amended
1120	to read:
1121	101.131 Watchers at polls.--
1122	(1) Each political party and each candidate may have one
1123	poll watcher and each political party may have one poll watcher
1124	and one at-large poll watcherin each polling room at any one
1125	time during the election. No pollwatcher shall be permitted to
1126	come closer to the officials' table or the voting booths than is
1127	reasonably necessary to properly perform his or her functions,
1128	but each shall be allowed within the polling room to watch and
1129	observe the conduct of electors and officials. The pollwatchers
1130	shall furnish their own materials and necessities and shall not
1131	obstruct the orderly conduct of any election. Each pollwatcher
1132	shall be a qualified and registered elector of the county in
1133	which he or she serves.
1134	(2) Each party and each candidate requesting to have poll
1135	watchers shall designate, in writing, poll watchers for each
1136	precinct prior to noon of the second Tuesday preceding the
1137	election. Each party may designate at least 5 additional at-
1138	large poll watchers, or one additional at-large poll watcher per
1139	10,000 registered voters, whichever is greater, who shall be
1140	approved and have access to all precincts. The poll watchers for
1141	each precinctshall be approved by the supervisor of elections
1142	on or before the Tuesday before the election. The supervisor
1143	shall furnish to each precinct a list of the poll watchers
1144	designated and approved for such precinct and a list of poll
1145	watchers approved for all precincts.
1146	(3) No candidate or sheriff, deputy sheriff, police
1147	officer, or other law enforcement officer may be designated as a
1148	poll watcher.
1149	Section 16. Subsection (1) of section 101.151, Florida
1150	Statutes, is amended to read:
1151	101.151 Specifications for ballots.--
1152	(1) MarksensePaperballots shall be printed on paper of
1153	such thickness that the printing cannot be distinguished from
1154	the back and shall meet the specifications of the voting system
1155	which will be used to read the ballots.
1156	Section 17. Section 101.171, Florida Statutes, is amended
1157	to read:
1158	101.171 Copy of constitutional amendment to be
1159	posted.--Whenever any amendment to the State Constitution is to
1160	be voted upon at any election, the Department of State shall
1161	have printed, and shall furnish to each supervisor of elections,
1162	a sufficient number of copies of the amendment either in poster
1163	or booklet form, and the supervisor shall have a copy thereof
1164	conspicuously posted or availableat each precinct upon the day
1165	of election.
1166	Section 18. Section 101.253, Florida Statutes, is amended
1167	to read:
1168	101.253 When names not to be printed on ballot.--
1169	(1) No candidate's name, which candidate is required to
1170	qualify with a supervisor of elections for any primary or
1171	general election, shall be printed on the ballot if such
1172	candidate has notified the supervisor of elections in writing,
1173	under oath, on or before the 42nd day before the election that
1174	the candidate will not accept the nomination or office for which
1175	he or she filed qualifyingqualificationpapers. The supervisor
1176	of elections may, in his or her discretion with the approval of
1177	the Department of State, allow such a candidate to withdraw
1178	after the 42nd day before an election, upon receipt of written
1179	notice, sworn to under oath, that the candidate will not accept
1180	the nomination or office for which he or she qualified.
1181	(2) No candidate's name, which candidate is required to
1182	qualify with the Department of State for any primary or general
1183	election, shall be printed on the ballot if such candidate has
1184	notified the Department of State in writing, under oath, on or
1185	before the 42nd day before the election that the candidate will
1186	not accept the nomination or office for which he or she filed
1187	qualifyingqualificationpapers. The Department of State may in
1188	its discretion allow such a candidate to withdraw after the 42nd
1189	day before an election upon receipt of a written notice, sworn
1190	to under oath, that the candidate will not accept the nomination
1191	or office for which he or she qualified.
1192	(3) In the event ballots are printed or programmed into
1193	the voting devices prior to the death, resignation, removal, or
1194	withdrawal of a candidate, the supervisor of elections, at his or
1195	her discretion, may:
1196	(a) Strike the name of the candidate and, if necessary,
1197	insert the name of the new nominee;
1198	(b) Reprint or reprogram the ballot; or
1199	(c) Provide notice in a newspaper of general circulation in
1200	the county and post a notice in each voting booth and provide an
1201	insert with each absentee ballot mailed to a voter explaining the
1202	consequences of a vote for the former candidate.In no case
1203	shall the supervisor be required to print on the ballot a name
1204	which is submitted less than 21 days prior to the election. In
1205	the event the ballots are printed 21 days or more prior to the
1206	election, the name of any candidate whose death, resignation,
1207	removal, or withdrawal created a vacancy in office or nomination
1208	shall be stricken from the ballot with a rubber stamp or
1209	appropriate printing device, and the name of the new nominee
1210	shall be inserted on the ballot in a like manner. The supervisor
1211	may, as an alternative, reprint the ballots to include the name
1212	of the new nominee.
1213	Section 19. Subsection (4) of section 101.5606, Florida
1214	Statutes, is amended to read:
1215	101.5606 Requirements for approval of systems.--No
1216	electronic or electromechanical voting system shall be approved
1217	by the Department of State unless it is so constructed that:
1218	(4) For systems using marksensepaperballots, it accepts
1219	a rejected ballot pursuant to subsection (3) if a voter chooses
1220	to cast the ballot, but records no vote for any office that has
1221	been overvoted or undervoted.
1222	Section 20. Subsections (2) and (3) of section 101.5608,
1223	Florida Statutes, are amended to read:
1224	101.5608 Voting by electronic or electromechanical method;
1225	procedures.--
1226	(2) When an electronic or electromechanical voting system
1227	utilizes a marksenseballot card or paperballot, the following
1228	procedures shall be followed:
1229	(a) After receiving a ballot from an inspector, the
1230	elector shall, without leaving the polling place, retire to a
1231	booth or compartment and mark the ballot. After preparing his or
1232	her ballot, the elector shall place the ballot in a secrecy
1233	envelope with the stub exposed or shall fold over that portion
1234	on which write-in votes may be cast, as instructed, so that the
1235	ballot will be deposited in the ballot box without exposing the
1236	voter's choices. Before the ballot is deposited in the ballot
1237	box, the inspector shall detach the exposed stub and place it in
1238	a separate envelope for audit purposes; when a fold-over ballot
1239	is used, the entire ballot shall be placed in the ballot box.
1240	(b) Any voter who spoils his or her ballot or makes an
1241	error may return the ballot to the election official and secure
1242	another ballot, except that in no case shall a voter be
1243	furnished more than three ballots. If the vote tabulation device
1244	has rejected a ballot, the ballot shall be considered spoiled
1245	and a new ballot shall be provided to the voter unless the voter
1246	chooses to cast the rejected ballot. The election official,
1247	without examining the original ballot, shall state the possible
1248	reasons for the rejection and shall provide instruction to the
1249	voter pursuant to s. 101.5611. A spoiled ballot shall be
1250	preserved, without examination, in an envelope provided for that
1251	purpose. The stub shall be removed from the ballot and placed in
1252	an envelope.
1253	(c) The supervisor of elections shall prepare for each
1254	polling place at least one ballot box to contain the ballots of
1255	a particular precinct, and each ballot box shall be plainly
1256	marked with the name of the precinct for which it is intended.
1257	(3) The Department of State shall promulgate rules
1258	regarding voting procedures to be used when an electronic or
1259	electromechanical voting system is of a type which does not
1260	utilize a marksenseballot card or paperballot.
1261	Section 21. Subsection (4) of section 101.5614, Florida
1262	Statutes, is amended to read:
1263	101.5614 Canvass of returns.--
1264	(4) If marksense ballotsballot cardsare used, and
1265	separate write-in ballots or envelopes for casting write-in
1266	votes are used, write-in ballots or the envelopes on which
1267	write-in ballots have been cast shall be serially numbered,
1268	starting with the number one, and the same number shall be
1269	placed on the marksense ballot cardof the voter. This process
1270	may be completed at either the precinct by the election board or
1271	at the central counting location. For each ballot or ballot and
1272	ballot envelope on which write-in votes have been cast, the
1273	canvassing board shall compare the write-in votes with the votes
1274	cast on the marksense ballot card; if the total number of votes
1275	for any office exceeds the number allowed by law, a notation to
1276	that effect, specifying the office involved, shall be entered on
1277	the back of the marksense ballot cardor in a margin if voting
1278	areas are printed on both sides of the marksense ballot card.
1279	Such votes shall not be counted. All valid votes shall be
1280	tallied by the canvassing board.
1281	Section 22. Section 101.572, Florida Statutes, is amended
1282	to read:
1283	101.572 Public inspection of ballots.--The official
1284	ballots and ballot cardsreceived from election boards and
1285	removed from absentee ballot mailing envelopes shall be open for
1286	public inspection or examination while in the custody of the
1287	supervisor of elections or the county canvassing board at any
1288	reasonable time, under reasonable conditions; however, no
1289	persons other than the supervisor of elections or his or her
1290	employees or the county canvassing board shall handle any
1291	official ballot or ballot card. The supervisor of elections
1292	shall make a reasonable effort to notify all candidates whose
1293	names appear on such ballots or ballot cardsby telephone or
1294	otherwise of the time and place of the inspection or
1295	examination. All such candidates, or their representatives,
1296	shall be allowed to be present during the inspection or
1297	examination.
1298	Section 23. Subsection (1) of section 101.595, Florida
1299	Statutes, is amended to read:
1300	101.595 Analysis and reports of voting problems.--
1301	(1) No later than December 15 of each general election
1302	year, the supervisor of elections in each county shall report to
1303	the Department of State the total number of overvotes and
1304	undervotes in either the presidential or the gubernatorial
1305	election, whichever is applicablethe first race appearing on
1306	the ballot pursuant to s. 101.151(2), along with the likely
1307	reasons for such overvotes and undervotes and other information
1308	as may be useful in evaluating the performance of the voting
1309	system and identifying problems with ballot design and
1310	instructions which may have contributed to voter confusion.
1311	Section 24. Subsection (3) of section 101.62, Florida
1312	Statutes, is amended to read:
1313	101.62 Request for absentee ballots.--
1314	(3) For each request for an absentee ballot received, the
1315	supervisor shall record the date the request was made, the date
1316	the absentee ballot was delivered or mailed, the date the ballot
1317	was received by the supervisor, and such other information he or
1318	she may deem necessary. This information shall be confidential
1319	and exempt from the provisions of s. 119.07(1) and shall be made
1320	available to or reproduced only for a canvassing board, an
1321	election official, a political party or official thereof, a
1322	candidate who has filed qualifyingqualificationpapers and is
1323	opposed in an upcoming election, and registered political
1324	committees or registered committees of continuous existence, for
1325	political purposes only.
1326	Section 25. Subsection (3) of section 101.694, Florida
1327	Statutes, is amended to read:
1328	101.694 Mailing of ballots upon receipt of federal
1329	postcard application.--
1330	(3) Absentee ballot envelopes printed for overseas voters
1331	shall meet the specifications determined by the Division of
1332	Elections in conjunction with the Federal Voting Assistance
1333	Program of the United States Department of Defense and the United
1334	States Postal Service. The division shall adopt the
1335	specifications by rule.There shall be printed across the face
1336	of each envelope in which a ballot is sent to a federal postcard
1337	applicant, or is returned by such applicant to the supervisor,
1338	two parallel horizontal red bars, each one-quarter inch wide,
1339	extending from one side of the envelope to the other side, with
1340	an intervening space of one-quarter inch, the top bar to be 11/4
1341	inches from the top of the envelope, and with the words
1342	"Official Election Balloting Material-via Air Mail," or similar
1343	language, between the bars. There shall be printed in the upper
1344	right corner of each such envelope, in a box, the words "Free of
1345	U. S. Postage, including Air Mail." All printing on the face of
1346	each envelope shall be in red, and there shall be printed in red
1347	in the upper left corner of each ballot envelope an appropriate
1348	inscription or blanks for return address of sender. Additional
1349	specifications may be prescribed by rule of the Division of
1350	Elections upon recommendation of the presidential designee under
1351	the Uniformed and Overseas Citizens Absentee Voting Act.
1352	Otherwise, the envelopes shall be the same as those used in
1353	sending ballots to, or receiving them from, other absentee
1354	voters.
1355	Section 26. Section 102.012, Florida Statutes, is amended
1356	to read:
1357	102.012 Inspectors and clerks to conduct elections.--
1358	(1) The supervisor of elections of each county, at least
1359	20 days prior to the holding of any election, shall appoint an
1360	two election boardboards for each precinct in the county;
1361	however, the supervisor of elections may, in any election,
1362	appoint one election board if the supervisor has reason to
1363	believe that only one is necessary. The clerk shall be in charge
1364	of, and responsible for, seeing that the election board carries
1365	out its duties and responsibilities. Each inspector and each
1366	clerk shall take and subscribe to an oath or affirmation, which
1367	shall be written or printed, to the effect that he or she will
1368	perform the duties of inspector or clerk of election,
1369	respectively, according to law and will endeavor to prevent all
1370	fraud, deceit, or abuse in conducting the election. The oath may
1371	be taken before an officer authorized to administer oaths or
1372	before any of the persons who are to act as inspectors, one of
1373	them to swear the others, and one of the others sworn thus, in
1374	turn, to administer the oath to the one who has not been sworn.
1375	The oaths shall be returned with the poll list and the returns
1376	of the election to the supervisor. In all questions that may
1377	arise before the members of an election board, the decision of a
1378	majority of them shall decide the question. The supervisor of
1379	elections of each county shall be responsible for the attendance
1380	and diligent performance of his or her duties by each clerk and
1381	inspector.
1382	(2) Each member of the election board shall be able to
1383	read and write the English language and shall be a registered
1384	qualified elector of the county in which the member is appointed
1385	or a person who has preregistered to vote, pursuant to s.
1386	97.041(1)(b), in the county in which the member is appointed. No
1387	election board shall be composed solely of members of one
1388	political party; however, in any primary in which only one party
1389	has candidates appearing on the ballot, all clerks and
1390	inspectors may be of that party. Any person whose name appears
1391	as an opposed candidate for any office shall not be eligible to
1392	serve on an election board.
1393	(3) The supervisor shall furnish inspectors of election
1394	for each precinct with the registration books divided
1395	alphabetically as will best facilitate the holding of an
1396	election. The supervisor shall also furnish to the inspectors of
1397	election at the polling place at each precinct in the
1398	supervisor's county a sufficient number of forms and blanks for
1399	use on election day.
1400	(4)(a)The election board of each precinct shall attend
1401	the polling place by 6 a.m. of the day of the election and shall
1402	arrange the furniture, stationery, and voting equipment.
1403	(b) An election board shall conduct the voting, beginning
1404	and closing at the time set forth in s. 100.011. If more than
1405	one board has been appointed, the second board shall, upon the
1406	closing of the polls, come on duty and count the votes cast. In
1407	such case, the first board shall turn over to the second board
1408	all closed ballot boxes, registration books, and other records
1409	of the election at the time the boards change. The second board
1410	shall continue counting until the count is complete or until 7
1411	a.m. the next morning, and, if the count is not completed at
1412	that time, the first board that conducted the election shall
1413	again report for duty and complete the count. The second board
1414	shall turn over to the first board all ballots counted, all
1415	ballots not counted, and all registration books and other
1416	records and shall advise the first board as to what has
1417	transpired in tabulating the results of the election.
1418	(5) In precincts in which there are more than 1,000
1419	registered electors, the supervisor of elections shall appoint
1420	additional election boards necessary for the election.
1421	(6) In any precinct in which there are fewer than 300
1422	registered electors, it is not necessary to appoint two election
1423	boards, but one such board will suffice. Such board shall be
1424	composed of at least one inspector and one clerk.
1425	Section 27. Section 102.071, Florida Statutes, is amended
1426	to read:
1427	102.071 Tabulation of votes and proclamation of results
1428	where ballots are used.--The election board shall post at the
1429	polls, for the benefit of the public, the results of the voting
1430	for each office or other item on the ballot as the count is
1431	completed. Upon completion of all counts in all races, a
1432	certificatetriplicate certificatesof the results shall be
1433	drawn up by the inspectors and clerk at each precinct upon a
1434	form provided by the supervisor of elections which shall contain
1435	the name of each person voted for, for each office, and the
1436	number of votes cast for each person for such office; and, if
1437	any question is submitted, the certificate shall also contain
1438	the number of votes cast for and against the question. The
1439	certificate shall be signed by the inspectors and clerk, and one
1440	of the certificates shall be delivered without delay by one of
1441	the inspectors, securely sealed, to the supervisor for immediate
1442	publication; the duplicate copy of the certificate shall be
1443	delivered to the county court judge; and the remaining copy
1444	shall be enclosed in the ballot box together with the oaths of
1445	inspectors and clerks. All the ballot boxes, ballots, ballot
1446	stubs, memoranda, and papers of all kinds used in the election
1447	shall also be transmitted, after being sealed by the inspectors,
1448	towith the certificates of result of the election to be filed
1449	inthe supervisor's office. Registration books and the poll
1450	lists shall not be placed in the ballot boxes but shall be
1451	returned to the supervisor.
1452	Section 28. Section 102.111, Florida Statutes, is amended
1453	to read:
1454	102.111 Elections Canvassing Commission.--
1455	(1) The Elections Canvassing Commission shall consist of
1456	the Governor and two members of the Cabinet selected by the
1457	Governor. If a member of the Elections Canvassing Commission is
1458	unable to serve for any reason, the Governor shall appoint a
1459	remaining member of the Cabinet. If there is a further vacancy,
1460	the remaining members of the commission shall agree on another
1461	elected official to fill the vacancy. The Elections Canvassing
1462	Commission shall, as soon as the official results are compiled
1463	from all counties, certify the returns of the election and
1464	determine and declare who has been elected for each federal,
1465	state, and multicounty office.
1466	(2) The Division of Elections shall provide the staff
1467	services required by the Elections Canvassing Commission.
1468	(3) The Elections Canvassing Commission may delegate the
1469	authority to order recounts pursuant to ss. 102.141(6) and
1470	102.166 to the chief election officer. Such delegation shall be
1471	made at a public meeting.
1472	Section 29. Subsections (3), (4), (6), and (8) of section
1473	102.141, Florida Statutes, are amended to read:
1474	102.141 County canvassing board; duties.--
1475	(3) The canvass, except the canvass of absentee electors'
1476	returns and the canvass of provisional ballots, shall be made
1477	from the returns and certificates of the inspectors as signed
1478	and filed by them with the county court judge and supervisor,
1479	respectively,and the county canvassing board shall not change
1480	the number of votes cast for a candidate, nominee,
1481	constitutional amendment, or other measure submitted to the
1482	electorate of the county, respectively, in any polling place, as
1483	shown by the returns. All returns shall be made to the board on
1484	or before 2 a.m. of the day following any primary, general,
1485	special, or other election. If the returns from any precinct are
1486	missing, if there are any omissions on the returns from any
1487	precinct, or if there is an obvious error on any such returns,
1488	the canvassing board shall order a retabulationrecountof the
1489	returns from such precinct. Before canvassing such returns, the
1490	canvassing board shall examine the tabulation of the ballots
1491	cast in such precinct and determine whether the returns
1492	correctly reflect the votes cast. If there is a discrepancy
1493	between the returns and the tabulation of the ballots cast, the
1494	tabulation of the ballots cast shall be presumed correct and
1495	such votes shall be canvassed accordingly.
1496	(4) The canvassing board shall submit unofficial returns,
1497	on forms or in formats provided by the division,to the
1498	Department of State for each federal, statewide, state, or
1499	multicounty office or ballot measure no later than noon on the
1500	second day after any primary, general, special, or other
1501	election. Such returns shall include the canvass of all ballots
1502	as required by subsection (2).
1503	(6) If the unofficial returns reflect that a candidate for
1504	any office was defeated or eliminated by one-half of a percent
1505	or less of the votes cast for such office, that a candidate for
1506	retention to a judicial office was retained or not retained by
1507	one-half of a percent or less of the votes cast on the question
1508	of retention, or that a measure appearing on the ballot was
1509	approved or rejected by one-half of a percent or less of the
1510	votes cast on such measure, the board responsible for certifying
1511	the results of the vote on such race or measure shall order a
1512	recount of the votes cast with respect to such office or
1513	measure. The county canvassing board is the board responsible
1514	for ordering county and local recounts, and the Elections
1515	Canvassing Commission is the board responsible for ordering
1516	federal, state, and multicounty recounts.A recount need not be
1517	ordered with respect to the returns for any office, however, if
1518	the candidate or candidates defeated or eliminated from
1519	contention for such office by one-half of a percent or less of
1520	the votes cast for such office request in writing that a recount
1521	not be made.
1522	(a) In counties with voting systems that use paper
1523	ballots,Each canvassing board responsible for conducting a
1524	recount shall put each marksenseballot through automatic
1525	tabulating equipment and determine whether the returns correctly
1526	reflect the votes cast. If any marksensepaperballot is
1527	physically damaged so that it cannot be properly counted by the
1528	automatic tabulating equipment during the recount, a true
1529	duplicate shall be made of the damaged ballot pursuant to the
1530	procedures in s. 101.5614(5). Immediately before the start of
1531	the recount and after completion of the count, a test of the
1532	tabulating equipment shall be conducted as provided in s.
1533	101.5612. If the test indicates no error, the recount tabulation
1534	of the ballots cast shall be presumed correct and such votes
1535	shall be canvassed accordingly. If an error is detected, the
1536	cause therefor shall be ascertained and corrected and the
1537	recount repeated, as necessary. The canvassing board shall
1538	immediately report the error, along with the cause of the error
1539	and the corrective measures being taken, to the Department of
1540	State. No later than 11 days after the election, the canvassing
1541	board shall file a separate incident report with the Department
1542	of State, detailing the resolution of the matter and identifying
1543	any measures that will avoid a future recurrence of the error.
1544	(b) In counties with voting systems that do not use paper
1545	ballots,Each canvassing board responsible for conducting a
1546	recount where touchscreen ballots were usedshall examine the
1547	counters on the precinct tabulators to ensure that the total of
1548	the returns on the precinct tabulators equals the overall
1549	election return. If there is a discrepancy between the overall
1550	election return and the counters of the precinct tabulators, the
1551	counters of the precinct tabulators shall be presumed correct
1552	and such votes shall be canvassed accordingly.
1553	(c) The canvassing board shall submit a second set of
1554	unofficial returns, on forms or in formats provided by the
1555	division,to the Department of State for each federal,
1556	statewide, state, or multicounty office or ballot measure no
1557	later than noon on the fourththirdday after any election in
1558	which a recount was conducted pursuant to this subsection. If
1559	the canvassing board is unable to complete the recount
1560	prescribed in this subsection by the deadline, the second set of
1561	unofficial returns submitted by the canvassing board shall be
1562	identical to the initial unofficial returns and the submission
1563	shall also include a detailed explanation of why it was unable
1564	to timely complete the recount. However, the canvassing board
1565	shall complete the recount prescribed in this subsection, along
1566	with any manual recount prescribed in s. 102.166, and certify
1567	election returns in accordance with the requirements of this
1568	chapter.
1569	(8) At the same time that the officialresults of an
1570	election are certified to the Department of State, the county
1571	canvassing board shall file a report with the Division of
1572	Elections on the conduct of the election. The report shall
1573	contain information relating to any problems incurred as a
1574	result of equipment malfunctions either at the precinct level or
1575	at a counting location, any difficulties or unusual
1576	circumstances encountered by an election board or the canvassing
1577	board, and any other additional information which the canvassing
1578	board feels should be made a part of the official election
1579	record. Such reports shall be maintained on file in the Division
1580	of Elections and shall be available for public inspection. The
1581	division shall utilize the reports submitted by the canvassing
1582	boards to determine what problems may be likely to occur in
1583	other elections and disseminate such information, along with
1584	possible solutions, to the supervisors of elections.
1585	Section 30. Subsection (1) of section 102.166, Florida
1586	Statutes, is amended to read:
1587	102.166 Manual recounts.--
1588	(1) If the second set of unofficial returns pursuant to s.
1589	102.141 indicates that a candidate for any office was defeated
1590	or eliminated by one-quarter of a percent or less of the votes
1591	cast for such office, that a candidate for retention to a
1592	judicial office was retained or not retained by one-quarter of a
1593	percent or less of the votes cast on the question of retention,
1594	or that a measure appearing on the ballot was approved or
1595	rejected by one-quarter of a percent or less of the votes cast
1596	on such measure, the board responsible for certifying the
1597	results of the vote on such race or measure shall order a manual
1598	recount of the overvotes and undervotes cast in the entire
1599	geographic jurisdiction of such office or ballot measure. The
1600	county canvassing board is the board responsible for ordering
1601	county and local manual recounts, and the Elections Canvassing
1602	Commission is the board responsible for ordering federal, state,
1603	and multicounty manual recounts.
1604	Section 31. Section 102.168, Florida Statutes, is amended
1605	to read:
1606	102.168 Contest of election.--
1607	(1) Except as provided in s. 102.171, the certification of
1608	election or nomination of any person to office, or of the result
1609	on any question submitted by referendum, may be contested in the
1610	circuit court by any unsuccessful candidate for such office or
1611	nomination thereto or by any elector qualified to vote in the
1612	election related to such candidacy, or by any taxpayer,
1613	respectively.
1614	(2) Such contestant shall file a complaint, together with
1615	the fees prescribed in chapter 28, with the clerk of the circuit
1616	court within 10 days after midnight of the date the last board
1617	responsible for certifying the results officiallycounty
1618	canvassing board empowered to canvass the returnscertifies the
1619	results of the election being contested.
1620	(3) The complaint shall set forth the grounds on which the
1621	contestant intends to establish his or her right to such office
1622	or set aside the result of the election on a submitted
1623	referendum. The grounds for contesting an election under this
1624	section are:
1625	(a) Misconduct, fraud, or corruption on the part of any
1626	election official or any member of the canvassing board
1627	sufficient to change or place in doubt the result of the
1628	election.
1629	(b) Ineligibility of the successful candidate for the
1630	nomination or office in dispute.
1631	(c) Receipt of a number of illegal votes or rejection of a
1632	number of legal votes sufficient to change or place in doubt the
1633	result of the election.
1634	(d) Proof that any elector, election official, or
1635	canvassing board member was given or offered a bribe or reward
1636	in money, property, or any other thing of value for the purpose
1637	of procuring the successful candidate's nomination or election
1638	or determining the result on any question submitted by
1639	referendum.
1640	(4) The county canvassing board or Elections Canvassing
1641	Commission shall be an indispensable andtheproper party
1642	defendant for a county or local race, the Elections Canvassing
1643	Commission shall be an indispensable and proper party defendant
1644	for a federal, state, or multicounty race, and the successful
1645	candidate shall be an indispensable party to any action brought
1646	to contest the election or nomination of a candidate.
1647	(5) A statement of the grounds of contest may not be
1648	rejected, nor the proceedings dismissed, by the court for any
1649	want of form if the grounds of contest provided in the statement
1650	are sufficient to clearly inform the defendant of the particular
1651	proceeding or cause for which the nomination or election is
1652	contested.
1653	(6) A copy of the complaint shall be served upon the
1654	defendant and any other person named therein in the same manner
1655	as in other civil cases under the laws of this state. Within 10
1656	days after the complaint has been served, the defendant must
1657	file an answer admitting or denying the allegations on which the
1658	contestant relies or stating that the defendant has no knowledge
1659	or information concerning the allegations, which shall be deemed
1660	a denial of the allegations, and must state any other defenses,
1661	in law or fact, on which the defendant relies. If an answer is
1662	not filed within the time prescribed, the defendant may not be
1663	granted a hearing in court to assert any claim or objection that
1664	is required by this subsection to be stated in an answer.
1665	(7) Any candidate, qualified elector, or taxpayer
1666	presenting such a contest to a circuit judge is entitled to an
1667	immediate hearing. However, the court in its discretion may
1668	limit the time to be consumed in taking testimony, with a view
1669	therein to the circumstances of the matter and to the proximity
1670	of any succeeding election.
1671	Section 32. Section 103.092, Florida Statutes, is created
1672	to read:
1673	103.092 Political party property.--A political party may
1674	solicit and accept funds for the purchase, lease, construction,
1675	or renovation of land and buildings used by the political party
1676	and tangible personal property used in such realty. Such funds
1677	shall be maintained in an account separate and apart from other
1678	political party accounts and shall not be considered
1679	contributions under chapter 106.
1680	Section 33. Subsections (1) and (3) of section 105.031,
1681	Florida Statutes, are amended to read:
1682	105.031 Qualification; filing fee; candidate's oath; items
1683	required to be filed.--
1684	(1) TIME OF QUALIFYING.--Except for candidates for
1685	judicial office, nonpartisan candidates for multicounty office
1686	shall qualify with the Division of Elections of the Department
1687	of State and nonpartisan candidates for countywide or less than
1688	countywide office shall qualify with the supervisor of
1689	elections. Candidates for judicial office other than the office
1690	of county court judge shall qualify with the Division of
1691	Elections of the Department of State, and candidates for the
1692	office of county court judge shall qualify with the supervisor
1693	of elections of the county. Candidates for judicial office shall
1694	qualify no earlier than noon of the 120th day, and no later than
1695	noon of the 116th day, before the first primary election.
1696	Candidates for the office of school board member shall qualify
1697	no earlier than noon of the 50th day, and no later than noon of
1698	the 46th day, before the first primary election. Filing shall be
1699	on forms provided for that purpose by the Division of Elections
1700	and furnished by the appropriate qualifying officer. Any person
1701	seeking to qualify by the petition process pursuant to
1702	alternative method, as set forth ins. 105.035, if the person
1703	has submitted the necessary petitions by the required deadline
1704	and is notified after the fifth day prior to the last day for
1705	qualifying that the required number of signatures has been
1706	obtained, shall be entitled to subscribe to the candidate's oath
1707	and file the qualifying papers at any time within 5 days after
1708	fromthe date he or she is notified that the necessary number of
1709	signatures has been obtained. Any person other than a write-in
1710	candidate who qualifies within the time prescribed in this
1711	subsection shall be entitled to have his or her name printed on
1712	the ballot.
1713	(3) QUALIFYING FEE.--Each candidate qualifying for
1714	election to a judicial office or the office of school board
1715	member, except write-in judicial or school board member
1716	candidates, shall, during the time for qualifying, pay to the
1717	officer with whom he or she qualifies a qualifying fee, which
1718	shall consist of a filing fee and an election assessment, or
1719	qualify by the petition process pursuant to s. 105.035
1720	alternative method. The amount of the filing fee is 3 percent of
1721	the annual salary of the office sought. The amount of the
1722	election assessment is 1 percent of the annual salary of the
1723	office sought. The Department of State shall forward all filing
1724	fees to the Department of Revenue for deposit in the Elections
1725	Commission Trust Fund. The supervisor of elections shall forward
1726	all filing fees to the Elections Commission Trust Fund. The
1727	election assessment shall be deposited into the Elections
1728	Commission Trust Fund. The annual salary of the office for
1729	purposes of computing the qualifying fee shall be computed by
1730	multiplying 12 times the monthly salary authorized for such
1731	office as of July 1 immediately preceding the first day of
1732	qualifying. This subsection shall not apply to candidates
1733	qualifying for retention to judicial office.
1734	Section 34. Section 105.035, Florida Statutes, is amended
1735	to read:
1736	105.035 Petition processAlternative methodof qualifying
1737	for certain judicial offices and the office of school board
1738	member.--
1739	(1) A person seeking to qualify for election to the office
1740	of circuit judge or county court judge or the office of school
1741	board member may qualify for election to such office by means of
1742	the petitionpetitioningprocess prescribed in this section. A
1743	person qualifying by this petition processalternative method
1744	shall not be required to pay the qualifying fee required by this
1745	chapter. A person using this petitioning process shall file an
1746	oath with the officer before whom the candidate would qualify
1747	for the office stating that he or she intends to qualify by this
1748	alternative method for the office sought. Such oath shall be
1749	filed at any time after the first Tuesday after the first Monday
1750	in January of the year in which the election is held, but prior
1751	to the 21st day preceding the first day of the qualifying period
1752	for the office sought. The form of such oath shall be prescribed
1753	by the Division of Elections. No signatures shall be obtained
1754	until the person has filed the oath prescribed in this
1755	subsection.
1756	(2) TheUpon receipt of a written oath from a candidate,
1757	the qualifying officer shall provide the candidate with a
1758	petition format shall be prescribed by the Division of Elections
1759	and shalltobe used by the candidate to reproduce petitions for
1760	circulation. If the candidate is running for an office which
1761	will be grouped on the ballot with two or more similar offices
1762	to be filled at the same election, the candidate's petition must
1763	indicate, prior to the obtaining of registered electors'
1764	signatures, for which group or district office the candidate is
1765	running.
1766	(3) Each candidate for election to a judicial office or
1767	the office of school board member shall obtain the signature of
1768	a number of qualified electors equal to at least 1 percent of
1769	the total number of registered electors of the district,
1770	circuit, county, or other geographic entity represented by the
1771	office sought as shown by the compilation by the Department of
1772	State for the last preceding general election. A separate
1773	petition shall be circulated for each candidate availing himself
1774	or herself of the provisions of this section. Signatures may not
1775	be obtained until the candidate has filed the appointment of
1776	campaign treasurer and designation of campaign depository
1777	pursuant to s. 106.021.
1778	(4)(a) Each candidate seeking to qualify for election to
1779	the office of circuit judge or the office of school board member
1780	from a multicounty school district pursuant to this section
1781	shall file a separate petition from each county from which
1782	signatures are sought. Each petition shall be submitted, prior
1783	to noon of the 28th21stday preceding the first day of the
1784	qualifying period for the office sought, to the supervisor of
1785	elections of the county for which such petition was circulated.
1786	Each supervisor of elections to whom a petition is submitted
1787	shall check the signatures on the petition to verify their
1788	status as electors of that county and of the geographic area
1789	represented by the office sought. No later than the 7th day
1790	prior to the first date for qualifying, the supervisor shall
1791	certify the number shown as registered electors and submit such
1792	certification to the Division of Elections. The division shall
1793	determine whether the required number of signatures has been
1794	obtained for the name of the candidate to be placed on the
1795	ballot and shall notify the candidate. If the required number of
1796	signatures has been obtained, the candidate shall, during the
1797	time prescribed for qualifying for office, submit a copy of such
1798	notice and file his or her qualifying papers and oath prescribed
1799	in s. 105.031 with the Division of Elections. Upon receipt of
1800	the copy of such notice and qualifying papers, the division
1801	shall certify the name of the candidate to the appropriate
1802	supervisor or supervisors of elections as having qualified for
1803	the office sought.
1804	(b) Each candidate seeking to qualify for election to the
1805	office of county court judge or the office of school board
1806	member from a single county school district pursuant to this
1807	section shall submit his or her petition, prior to noon of the
1808	28th21stday preceding the first day of the qualifying period
1809	for the office sought, to the supervisor of elections of the
1810	county for which such petition was circulated. The supervisor
1811	shall check the signatures on the petition to verify their
1812	status as electors of the county and of the geographic area
1813	represented by the office sought. No later than the 7th day
1814	prior to the first date for qualifying, the supervisor shall
1815	determine whether the required number of signatures has been
1816	obtained for the name of the candidate to be placed on the
1817	ballot and shall notify the candidate. If the required number of
1818	signatures has been obtained, the candidate shall, during the
1819	time prescribed for qualifying for office, submit a copy of such
1820	notice and file his or her qualifying papers and oath prescribed
1821	in s. 105.031 with the qualifying officer. Upon receipt of the
1822	copy of such notice and qualifying papers, such candidate shall
1823	be entitled to have his or her name printed on the ballot.
1824	Section 35. Subsection (16) of section 106.011, Florida
1825	Statutes, is amended, and subsection (18) is added to said
1826	section, to read:
1827	106.011 Definitions.--As used in this chapter, the
1828	following terms have the following meanings unless the context
1829	clearly indicates otherwise:
1830	(16) "Candidate" means any person to whom any one or more
1831	of the following apply:
1832	(a) Any person who seeks to qualify for nomination or
1833	election by means of the petitioning process.
1834	(b) Any person who seeks to qualify for election as a
1835	write-in candidate.
1836	(c) Any person who receives contributions or makes
1837	expenditures, or consents for any other person to receive
1838	contributions or make expenditures, with a view to bring about
1839	his or her nomination or election to, or retention in, public
1840	office.
1841	(d) Any person who appoints a treasurer and designates a
1842	primary depository.
1843	(e) Any person who files qualifyingqualificationpapers
1844	and subscribes to a candidate's oath as required by law.
1845
1846	However, this definition does not include any candidate for a
1847	political party executive committee.
1848	(18) "Eliminated candidate" means a candidate for elected
1849	office who failed to receive a sufficient number of votes to be
1850	certified as the winner of an election or as a runoff candidate
1851	in an election. Candidates who timely file a contest of an
1852	election as provided for in s. 102.168 are not considered
1853	eliminated for the purposes of receiving contributions and
1854	making expenditures solely for the purpose of paying legal fees
1855	and costs associated with the candidate's contest of the
1856	election.
1857	Section 36. Section 106.023, Florida Statutes, is amended
1858	to read:
1859	106.023 Statement of candidate.--Each candidate must file
1860	a statement with the qualifying officer within 10 days after
1861	filing the appointment of campaign treasurer and designation of
1862	campaign depository, stating that the candidate has read and
1863	understands the requirements of this chapter. Such statement
1864	shall be provided by the filing officer and shall be in
1865	substantially the following form:
1866
1867	STATEMENT OF CANDIDATE
1868
1869	I, _____, candidate for the office of _____, have received,
1870	read, and understand the requirements of Chapter 106, Florida
1871	Statutes.
1872
1873	... (Signature of candidate) ...... (Date) ...
1874
1875	Willful failure to file this form is a violation of ss.
1876	106.19(1)(c) and 106.25(3), F.S. However, the execution and
1877	filing of this form does not create a presumption that any
1878	violation of chapter 104, F.S., or chapter 106, F.S., is a
1879	willful violation within the meaning of s. 106.37, F.S.
1880	Section 37. Paragraph (a) of subsection (8) of section
1881	106.04, Florida Statutes, is amended to read:
1882	106.04 Committees of continuous existence.--
1883	(8)(a) Any committee of continuous existence failing to
1884	file a report on the designated due date shall be subject to a
1885	fine. The fine shall be $50 per day for the first 3 days late
1886	and, thereafter,$500 per day for each late day, not to exceed
1887	25 percent of the total receipts or expenditures, whichever is
1888	greater, for the period covered by the late report. The fine
1889	shall be assessed by the filing officer, and the moneys
1890	collected shall be deposited in the General RevenueElections
1891	Commission TrustFund. No separate fine shall be assessed for
1892	failure to file a copy of any report required by this section.
1893	Section 38. Paragraph (a) of subsection (2) and paragraphs
1894	(a) and (c) of subsection (8) of section 106.07, Florida
1895	Statutes, are amended to read:
1896	106.07 Reports; certification and filing.--
1897	(2)(a) All reports required of a candidate by this section
1898	shall be filed with the officer before whom the candidate is
1899	required by law to qualify. All candidates who file with the
1900	Department of State shall file the original and one copy of
1901	their reports. In addition, a copy of each report for candidates
1902	for other than statewide office who qualify with the Department
1903	of State shall be filed with the supervisor of elections in the
1904	county where the candidate resides. Reports shall be filed not
1905	later than 5 p.m. of the day designated; however, any report
1906	postmarked by the United States Postal Service no later than
1907	midnight of the day designated shall be deemed to have been
1908	filed in a timely manner. Reports received by the filing officer
1909	within 5 days after the designated due date delivered by the
1910	United States Postal Service shall be deemed as being timely
1911	filed unless the postmark indicates the report was mailed after
1912	the designated due date.A certificate of mailing obtained from
1913	and dated by the United States Postal Service at the time of
1914	mailing, or a receipt from an established courier company, which
1915	bears a date on or before the date on which the report is due,
1916	shall be proof of mailing in a timely manner. Reports shall
1917	contain information of all previously unreported contributions
1918	received and expenditures made as of the preceding Friday,
1919	except that the report filed on the Friday immediately preceding
1920	the election shall contain information of all previously
1921	unreported contributions received and expenditures made as of
1922	the day preceding that designated due date. All such reports
1923	shall be open to public inspection.
1924	(8)(a) Any candidate or political committee failing to
1925	file a report on the designated due date shall be subject to a
1926	fine as provided in paragraph (b) for each late day, and, in the
1927	case of a candidate, such fine shall be paid only from personal
1928	funds of the candidate. The fine shall be assessed by the filing
1929	officer and the moneys collected shall be deposited:
1930	1. In the General RevenueElections Commission TrustFund,
1931	in the case of a candidate for state office or a political
1932	committee that registers with the Division of Elections; or
1933	2. In the general revenue fund of the political
1934	subdivision, in the case of a candidate for an office of a
1935	political subdivision or a political committee that registers
1936	with an officer of a political subdivision.
1937
1938	No separate fine shall be assessed for failure to file a copy of
1939	any report required by this section.
1940	(c) Any candidate or chair of a political committee may
1941	appeal or dispute the fine, based upon unusual circumstances
1942	surrounding the failure to file on the designated due date,and
1943	may request and shall be entitled to a hearing before the
1944	Florida Elections Commission, which shall have the authority to
1945	waive the fine in whole or in part. The commission must consider
1946	the criteria contained in s. 106.265(1) when determining the
1947	amount of a fine, if any, to be imposed.Any such request shall
1948	be made within 20 days after receipt of the notice of payment
1949	due. In such case, the candidate or chair of the political
1950	committee shall, within the 20-day period, notify the filing
1951	officer in writing of his or her intention to bring the matter
1952	before the commission.
1953	Section 39. Section 106.0705, Florida Statutes, is created
1954	to read:
1955	106.0705 Electronic filing of campaign treasurer's
1956	reports.--
1957	(1)(a) Each candidate who is required to file reports
1958	pursuant to s. 106.07 with the division and who accepts
1959	contributions or makes expenditures in an aggregate amount in
1960	excess of $10,000 for the office sought must file such reports
1961	with the division by electronic means.
1962	(b) Each political committee, committee of continuous
1963	existence, or state executive committee that is required to file
1964	reports with the division under s. 106.04, s. 106.07, or s.
1965	106.29, as applicable, and that accepts contributions or makes
1966	expenditures in an aggregate amount in excess of $10,000 in a
1967	calendar year must file such reports with the division by
1968	electronic means.
1969	(c) Each person or organization that is required to file
1970	reports with the division under s. 106.071 and that accepts
1971	contributions or makes expenditures in an aggregate amount in
1972	excess of $10,000 in a calendar year must file such reports with
1973	the division by electronic means.
1974	(d) Reports required to be filed pursuant to s. 106.04, s.
1975	106.07, s. 106.071, or s. 106.29 that are not subject to the
1976	electronic filing provisions of this section may be on forms
1977	provided by the division.
1978	(2) Reports filed pursuant to this section shall be filed
1979	no later than midnight of the day designated. Reports not
1980	received by midnight of the day designated are late filed and are
1981	subject to the penalties under s. 106.04(8), s. 106.07(8), or s.
1982	106.29(3), as applicable.
1983	(3) Each report filed pursuant to this section is
1984	considered to be under oath by the candidate and treasurer or the
1985	chair and treasurer, whichever is applicable, and such persons
1986	are subject to the provisions of s. 106.04(4)(d), s. 106.07(5),
1987	or s. 106.29(2), as applicable. Each person given a user
1988	identification (ID) and password to the electronic campaign
1989	filing system is responsible for protecting such from disclosure
1990	and is responsible for all filings using such credentials, unless
1991	the person has notified the division that his or her user ID has
1992	been compromised.
1993	(4) The electronic filing system developed by the division
1994	must:
1995	(a) Be based on access by means of the Internet.
1996	(b) Be accessible by anyone with Internet access using
1997	standard web-browsing software.
1998	(c) Provide for direct entry of campaign finance
1999	information as well as download of such information from campaign
2000	finance software certified by the division.
2001	(d) Provide a method that verifies the identity of the
2002	person submitting the report.
2003	(5) The division shall adopt rules pursuant to ss.
2004	120.536(1) and 120.54 to administer this section and provide for
2005	the reports required to be filed pursuant to this section. Such
2006	rules shall, at a minimum, provide for:
2007	(a) Alternate filing procedures in case of failure by the
2008	division’s web server.
2009	(b) Issuance of an electronic receipt to the person
2010	submitting the report indicating and verifying that the report
2011	has been filed and received.
2012	Section 40. Section 106.075, Florida Statutes, is amended
2013	to read:
2014	106.075 Elected officials; report of personalloans made
2015	in year preceding election; limitation on contributions to pay
2016	loans.--
2017	(1) A person who is elected to office must report all
2018	personalloans, exceeding $500 in value, made to him or her and
2019	used for campaign purposes, and made in the 12 months preceding
2020	his or her election to office, to the filing officer. The report
2021	must be made, in the manner prescribed by the Department of
2022	State, within 10 days after being elected to office.
2023	(2) Any person who makes a contribution to an individual
2024	to pay all or part of a loan incurred, in the 12 months
2025	preceding the election, to be used for the individual's
2026	campaign, may not contribute more than the amount which is
2027	allowed in s. 106.08(1).
2028	Section 41. Subsection (5) of section 106.08, Florida
2029	Statutes, is amended to read:
2030	106.08 Contributions; limitations on.--
2031	(5)(a) A person may not make any contribution through or
2032	in the name of another, directly or indirectly, in any election.
2033	(b) Candidates, political committees, and political
2034	parties may not solicit contributions from any religious,
2035	charitable, civic, or other causes or organizations established
2036	primarily for the public good.
2037	(c) Candidates, political committees, and political
2038	parties may not make contributions, in exchange for political
2039	support, to any religious, charitable, civic, or other cause or
2040	organization established primarily for the public good. It is
2041	not a violation of this paragraph for:
2042	1. A candidate, political committee, or political party
2043	executive committee to make gifts of money in lieu of flowers in
2044	memory of a deceased person;
2045	2. A candidate to continue membership in, or make regular
2046	donations from personal or business funds to, religious,
2047	political party, civic, or charitable groups of which the
2048	candidate is a member or to which the candidate has been a
2049	regular donor for more than 6 months; or
2050	3. A candidate to purchase, with campaign funds, tickets,
2051	admission to events, or advertisements from religious, civic,
2052	political party, or charitable groups.
2053	(d) Candidates may not make expenditures from their
2054	campaign accounts for the purpose of receiving or obtaining an
2055	endorsement from any person, group, or organization.
2056	Section 42. Section 106.087, Florida Statutes, is amended
2057	to read:
2058	106.087 Independent expenditures; contribution limits;
2059	restrictions on political parties and, political committees, and
2060	committees of continuous existence.--
2061	(1)(a) As a condition of receiving a rebate of filing fees
2062	and party assessment funds pursuant to s. 99.061(2), s.
2063	99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or
2064	treasurer of a state or county executive committee shall take
2065	and subscribe to an oath or affirmation in writing. During the
2066	qualifying period for state candidates and prior to distribution
2067	of such funds, a printed copy of the oath or affirmation shall
2068	be filed with the Secretary of State and shall be substantially
2069	in the following form:
2070
2071	State of Florida
2072	County of_____
2073	Before me, an officer authorized to administer oaths,
2074	personally appeared ... (name) ..., to me well known, who,
2075	being sworn, says that he or she is the ... (title) ... of the
2076	... (name of party) ... ... (state or specified county) ...
2077	executive committee; that the executive committee has not made,
2078	either directly or indirectly, an independent expenditure in
2079	support of or opposition to a candidate or elected public
2080	official in the prior 6 months; that the executive committee
2081	will not make, either directly or indirectly, an independent
2082	expenditure in support of or opposition to a candidate or
2083	elected public official, through and including the upcoming
2084	general election; and that the executive committee will not
2085	violate the contribution limits applicable to candidates under
2086	s. 106.08(2), Florida Statutes.
2087	... (Signature of committee officer) ...
2088	... (Address) ...
2089
2090	Sworn to and subscribed before me this _____ day of _____, ...
2091	(year) ..., at _____ County, Florida.
2092	... (Signature and title of officer administering oath) ...
2093
2094	(b) Any executive committee found to have violated the
2095	provisions of the oath or affirmation in this section prior to
2096	receiving funds shall be ineligible to receive the rebate for
2097	that general election year.
2098	(c) Any executive committee found to have violated the
2099	provisions of the oath or affirmation in this section after
2100	receiving funds shall be ineligible to receive the rebate from
2101	candidates qualifying for the following general election cycle.
2102	(d) Any funds not distributed to the state or county
2103	executive committee pursuant to this section shall be deposited
2104	into the General Revenue Fund of the state.
2105	(2)(a) Any political committee or committee of continuous
2106	existencethat accepts the use of public funds, equipment,
2107	personnel, or other resources to collect dues from its members
2108	agrees not to make independent expenditures in support of or
2109	opposition to a candidate or elected public official. However,
2110	expenditures may be made for the sole purpose of jointly
2111	endorsing three or more candidates.
2112	(b) Any political committee or committee of continuous
2113	existencethat violates this subsection is liable for a civil
2114	fine of up to $5,000 to be determined by the Florida Elections
2115	Commission or the entire amount of the expenditures, whichever
2116	is greater.
2117	Section 43. Section 106.09, Florida Statutes, is amended
2118	to read:
2119	106.09 Cash contributions and contribution by cashier's
2120	checks or money orders.--
2121	(1) A person may not make or accept a cash contribution or
2122	contribution by means of a cashier's check or money orderin
2123	excess of $100.
2124	(2)(a) Any person who makes or accepts a contribution in
2125	excess of $100 in violation of this section commits a
2126	misdemeanor of the first degree, punishable as provided in s.
2127	775.082 or s. 775.083.
2128	(b) Any person who knowingly and willfully makes or
2129	accepts a contribution in excess of $5,000 in violation of this
2130	section commits a felony of the third degree, punishable as
2131	provided in s. 775.082, s. 775.083, or s. 775.084.
2132	Section 44. Paragraph (a) of subsection (2) of section
2133	106.11, Florida Statutes, is amended to read:
2134	106.11 Expenses of and expenditures by candidates and
2135	political committees.--Each candidate and each political
2136	committee which designates a primary campaign depository
2137	pursuant to s. 106.021(1) shall make expenditures from funds on
2138	deposit in such primary campaign depository only in the
2139	following manner, with the exception of expenditures made from
2140	petty cash funds provided by s. 106.12:
2141	(2)(a) For purposes of this section, debit cards are
2142	considered bank checks, if:
2143	1. Debit cards are obtained from the same bank that has
2144	been designated as the candidate's or political committee's
2145	primary campaign depository.
2146	2. Debit cards are issued in the name of the treasurer,
2147	deputy treasurer, or authorized user and state "Campaign Account
2148	of ... (name of candidate or political committee) ...."
2149	3. No more than three debit cards are requested and
2150	issued.
2151	4. Before a debit card is used, a list of all persons
2152	authorized to use the card is filed with the filing officer
2153	division.
2154	5. All debit cards issued to a candidate's campaign or a
2155	political committee expire no later than midnight of the last
2156	day of the month of the general election.
2157	6. The person using the debit card does not receive cash
2158	as part of, or independent of, any transaction for goods or
2159	services.
2160	7. All receipts for debit card transactions contain:
2161	a. The last four digits of the debit card number.
2162	b. The exact amount of the expenditure.
2163	c. The name of the payee.
2164	d. The signature of the campaign treasurer, deputy
2165	treasurer, or authorized user.
2166	e. The exact purpose for which the expenditure is
2167	authorized.
2168
2169	Any information required by this subparagraph but not included
2170	on the debit card transaction receipt may be handwritten on, or
2171	attached to, the receipt by the authorized user before
2172	submission to the treasurer.
2173	Section 45. Subsection (6) of section 106.141, Florida
2174	Statutes, is amended to read:
2175	106.141 Disposition of surplus funds by candidates.--
2176	(6) Prior to disposing of funds pursuant to subsection (4)
2177	or transferring funds into an office account pursuant to
2178	subsection (5), any candidate who filed an oath stating that he
2179	or she was unable to pay the election assessment or fee for
2180	verification of petition signatures without imposing an undue
2181	burden on his or her personal resources or on resources
2182	otherwise available to him or her, or who filed both such oaths,
2183	or who qualified by the petition process pursuant to s. 99.095
2184	or s. 105.035alternative methodand was not required to pay an
2185	election assessment, shall reimburse the state or local
2186	governmental entity, whichever is applicable, for such waived
2187	assessment or fee or both. Such reimbursement shall be made
2188	first for the cost of petition verification and then, if funds
2189	are remaining, for the amount of the election assessment. If
2190	there are insufficient funds in the account to pay the full
2191	amount of either the assessment or the fee or both, the
2192	remaining funds shall be disbursed in the above manner until no
2193	funds remain. All funds disbursed pursuant to this subsection
2194	shall be remitted to the qualifying officer. Any reimbursement
2195	for petition verification costs which are reimbursable by the
2196	state shall be forwarded by the qualifying officer to the state
2197	for deposit in the General Revenue Fund. All reimbursements for
2198	the amount of the election assessment shall be forwarded by the
2199	qualifying officer to the Department of State for deposit in the
2200	General RevenueElections Commission TrustFund.
2201	Section 46. Subsections (2) and (4) of section 106.25,
2202	Florida Statutes, are amended to read:
2203	106.25 Reports of alleged violations to Florida Elections
2204	Commission; disposition of findings.--
2205	(2) The commission shall investigate all violations of
2206	this chapter and chapter 104, but only after having received
2207	either a sworn complaint or information reported to it by the
2208	Division of Elections. Any person, other than the division,
2209	having information of any violation of this chapter or chapter
2210	104 shall file a sworn complaint with the commission. Such sworn
2211	complaint must be based upon personal knowledge of the
2212	complainant.Such sworn complaint shall state whether a
2213	complaint of the same violation has been made to any state
2214	attorney. Within 5 days after receipt of a sworn complaint, the
2215	commission shall transmit a copy of the complaint to the alleged
2216	violator. All sworn complaints alleging violations of the
2217	Florida Election Code over which the commission has jurisdiction
2218	shall be filed with the commission within 2 years of the alleged
2219	violations. The period of limitations is tolled on the day a
2220	sworn complaint is filed with the commission.
2221	(4) The commission shall undertake a preliminary
2222	investigation to determine if the facts alleged in a sworn
2223	complaint or a matter initiated by the division constitute
2224	probable cause to believe that a violation has occurred. The
2225	respondent, the complainant, and their respective counsels shall
2226	be permitted to attend the hearing at which the probable cause
2227	determination is made. Notice of the hearing shall be sent to
2228	the respondent and the complainant at least 14 days prior to the
2229	date of the hearing. The respondent and his or her counsel shall
2230	be permitted to make a brief oral statement in the nature of
2231	oral argument to the commission before the probable cause
2232	determination. The commission's determination shall be based
2233	upon the investigator's report, the complaint, and staff
2234	recommendations, as well as any written statements submitted by
2235	the respondent and any oral statements made at the hearing. No
2236	testimony or other evidence shall be accepted at the hearing.
2237	Upon completion of the preliminary investigation, the commission
2238	shall, by written report, find probable cause or no probable
2239	cause to believe that this chapter or chapter 104 has been
2240	violated.
2241	(a) If no probable cause is found, the commission shall
2242	dismiss the case and the case shall become a matter of public
2243	record, except as otherwise provided in this section, together
2244	with a written statement of the findings of the preliminary
2245	investigation and a summary of the facts which the commission
2246	shall send to the complainant and the alleged violator.
2247	(b) If probable cause is found, the commission shall so
2248	notify the complainant and the alleged violator in writing. All
2249	documents made or received in the disposition of the complaint
2250	shall become public records upon a finding by the commission.
2251
2252	In a case where probable cause is found, the commission shall
2253	make a preliminary determination to consider the matter or to
2254	refer the matter to the state attorney for the judicial circuit
2255	in which the alleged violation occurred.
2256	Section 47. Paragraph (a) of subsection (3) of section
2257	106.29, Florida Statutes, is amended to read:
2258	106.29 Reports by political parties; restrictions on
2259	contributions and expenditures; penalties.--
2260	(3)(a) Any state or county executive committee failing to
2261	file a report on the designated due date shall be subject to a
2262	fine as provided in paragraph (b) for each late day. The fine
2263	shall be assessed by the filing officer, and the moneys
2264	collected shall be deposited in the General RevenueElections
2265	Commission TrustFund.
2266	Section 48. Sections 98.181, 101.635, 102.061, 106.085,
2267	and 106.144, Florida Statutes, are repealed.
2268	Section 49. Subsection (6) of section 112.312, Florida
2269	Statutes, is amended to read:
2270	112.312 Definitions.--As used in this part and for
2271	purposes of the provisions of s. 8, Art. II of the State
2272	Constitution, unless the context otherwise requires:
2273	(6) "Candidate" means any person who has filed a statement
2274	of financial interest and qualifyingqualificationpapers, has
2275	subscribed to the candidate's oath as required by s. 99.021, and
2276	seeks by election to become a public officer. This definition
2277	expressly excludes a committeeman or committeewoman regulated by
2278	chapter 103 and persons seeking any other office or position in
2279	a political party.
2280	Section 50. For the purpose of incorporating the amendment
2281	to section 105.035, Florida Statutes, in references thereto,
2282	paragraph (c) of subsection (2) and paragraph (b) of subsection
2283	(3) of section 189.405, Florida Statutes, are reenacted to read:
2284	189.405 Elections; general requirements and procedures;
2285	education programs.--
2286	(2)
2287	(c) A candidate for a position on a governing board of a
2288	single-county special district that has its elections conducted
2289	by the supervisor of elections shall qualify for the office with
2290	the county supervisor of elections in whose jurisdiction the
2291	district is located. Elections for governing board members
2292	elected by registered electors shall be nonpartisan, except when
2293	partisan elections are specified by a district's charter.
2294	Candidates shall qualify by paying a filing fee equal to 3
2295	percent of the salary or honorarium paid for the office, or a
2296	filing fee of $25, whichever is more. Alternatively, candidates
2297	may qualify by submitting a petition that contains the
2298	signatures of at least 3 percent of the district's registered
2299	electors, or any lesser amount of signatures directed by chapter
2300	99, chapter 582, or other general or special law. No election or
2301	party assessment shall be levied if the election is nonpartisan.
2302	The qualifying fee shall be remitted to the general revenue fund
2303	of the qualifying officer to help defray the cost of the
2304	election. The petition form shall be submitted and checked in
2305	the same manner as those for nonpartisan judicial candidates
2306	pursuant to s. 105.035.
2307	(3)
2308	(b) With the exception of those districts conducting
2309	elections on a one-acre/one-vote basis, qualifying for
2310	multicounty special district governing board positions shall be
2311	coordinated by the Department of State. Elections for governing
2312	board members elected by registered electors shall be
2313	nonpartisan, except when partisan elections are specified by a
2314	district's charter. Candidates shall qualify by paying a filing
2315	fee equal to 3 percent of the salary or honorarium paid for the
2316	office, or a filing fee of $25, whichever is more.
2317	Alternatively, candidates may qualify by submitting a petition
2318	that contains the signatures of at least 3 percent of the
2319	district's registered electors, or any lesser amount of
2320	signatures directed by chapter 99, chapter 582, or other general
2321	or special law. No election or party assessment shall be levied
2322	if the election is nonpartisan. The qualifying fee shall be
2323	remitted to the Department of State. The petition form shall be
2324	submitted and checked in the same manner as those for
2325	nonpartisan judicial candidates pursuant to s. 105.035.
2326	Section 51. For the purpose of incorporating the amendment
2327	to section 105.035, Florida Statutes, in references thereto,
2328	paragraph (a) of subsection (1) of section 191.005, Florida
2329	Statutes, is reenacted to read:
2330	191.005 District boards of commissioners; membership,
2331	officers, meetings.--
2332	(1)(a) With the exception of districts whose governing
2333	boards are appointed collectively by the Governor, the county
2334	commission, and any cooperating city within the county, the
2335	business affairs of each district shall be conducted and
2336	administered by a five-member board. All three-member boards
2337	existing on the effective date of this act shall be converted to
2338	five-member boards, except those permitted to continue as a
2339	three-member board by special act adopted in 1997 or thereafter.
2340	The board shall be elected in nonpartisan elections by the
2341	electors of the district. Except as provided in this act, such
2342	elections shall be held at the time and in the manner prescribed
2343	by law for holding general elections in accordance with s.
2344	189.405(2)(a) and (3), and each member shall be elected for a
2345	term of 4 years and serve until the member's successor assumes
2346	office. Candidates for the board of a district shall qualify
2347	with the county supervisor of elections in whose jurisdiction
2348	the district is located. If the district is a multicounty
2349	district, candidates shall qualify with the Department of State.
2350	All candidates may qualify by paying a filing fee of $25 or by
2351	obtaining the signatures of at least 25 registered electors of
2352	the district on petition forms provided by the supervisor of
2353	elections which petitions shall be submitted and checked in the
2354	same manner as petitions filed by nonpartisan judicial
2355	candidates pursuant to s. 105.035.
2356	Section 52. Paragraph (a) of subsection (1) of section
2357	582.18, Florida Statutes, is amended to read:
2358	582.18 Election of supervisors of each district.--
2359	(1) The election of supervisors for each soil and water
2360	conservation district shall be held every 2 years. The elections
2361	shall be held at the time of the general election provided for
2362	by s. 100.041. The office of the supervisor of a soil and water
2363	conservation district is a nonpartisan office, and candidates
2364	for such office are prohibited from campaigning or qualifying
2365	for election based on party affiliation.
2366	(a) Each candidate for supervisor for such district shall
2367	be nominated by nominating petition subscribed by 25 or more
2368	qualified electors of such district. Candidates shall obtain
2369	signatures on petition forms prescribed by the Department of
2370	State and furnished by the appropriate qualifying officer. In
2371	multicounty districts, the appropriate qualifying officer is the
2372	Secretary of State; in single-county districts, the appropriate
2373	qualifying officer is the supervisor of elections. Such forms
2374	may be obtained at any time after the first Tuesday after the
2375	first Monday in January preceding the election, but prior to the
2376	21st day preceding the first day of the qualifying period for
2377	state office. Each petition shall be submitted, prior to noon of
2378	the 21st day preceding the first day of the qualifying period
2379	for state office, to the supervisor of elections of the county
2380	for which such petition was circulated. The supervisor of
2381	elections shall check the signatures on the petition to verify
2382	their status as electors in the district. Prior to the first
2383	date for qualifying, the supervisor of elections shall determine
2384	whether the required single-county signatures have been
2385	obtained; and she or he shall so notify the candidate. In the
2386	case of a multicounty candidate, the supervisor of elections
2387	shall check the signatures on petitions and shall, prior to the
2388	first date for qualifying for office, certify to the Department
2389	of State the number shown as registered electors of the
2390	district. The Department of State shall determine if the
2391	required number of signatures has been obtained for multicounty
2392	candidates and shall so notify the candidate. If the required
2393	number of signatures has been obtained for the name of the
2394	candidate to be placed on the ballot, the candidate shall,
2395	during the time prescribed for qualifying for office in s.
2396	99.061, submit a copy of the notice to, and file her or his
2397	qualifyingqualificationpapers with, the qualifying officer and
2398	take the oath prescribed in s. 99.021.
2399	Section 53. This act shall take effect January 1, 2004.