HB 1971

1	A bill to be entitled
2	An act relating to elections; amending s. 97.021, F.S.;
3	redesignating "paper ballot" as "marksense ballot"; defining the
4	term "early voting"; redefining the term "voting system";
5	amending s. 97.052, F.S.; providing an additional purpose for
6	statewide voter registration applications and revising who may
7	reproduce such applications; amending s. 99.061, F.S.; revising
8	references relating to obtaining ballot position; amending s.
9	99.095, F.S.; revising procedures for qualification by petition;
10	amending s. 99.0955, F.S.; revising method of qualification by
11	candidates with no party affiliation; amending s. 99.096, F.S.;
12	revising method of qualification by minor party candidates;
13	amending s. 100.011, F.S.; providing that electors in line to
14	vote at the closing of the polls must be allowed to vote;
15	amending s. 100.111, F.S.; revising procedures to be followed in
16	the event of a vacancy in nomination; amending s. 101.015, F.S.;
17	requiring supervisors of elections to include written procedures
18	for early voting in their accuracy and security procedures and
19	to submit any revisions to those security procedures within a
20	specified period before early voting commences; amending s.
21	101.031, F.S.; revising requirements regarding the furnishing of
22	instructions for electors; amending ss. 101.048 and 101.049,
23	F.S.; providing for voting of provisional ballots by persons
24	with disabilities; revising a reference; amending s. 101.131,
25	F.S.; authorizing political parties to have a certain number of
26	at-large poll watchers; revising provisions for designation of
27	poll watchers; amending s. 101.151, F.S.; revising
28	specifications for ballots; amending s. 101.171, F.S.; providing
29	for copies of constitutional amendments to be provided in poster
30	or booklet form; amending s. 101.253, F.S.; prescribing duties
31	of the supervisor of elections with respect to ballots in cases
32	of vacancy in nomination; amending s. 101.294, F.S.; prohibiting
33	governing bodies from deploying uncertified voting equipment;
34	prohibiting vendors of voting equipment from providing
35	uncertified voting systems or their components or upgrades;
36	requiring vendors of voting equipment to provide certifications
37	that voting systems or their components or upgrades have been
38	certified; amending s. 101.295, F.S.; providing penalties for
39	providing voting systems or their components or upgrades in
40	violation of law; amending s. 101.5606, F.S.; conforming
41	terminology; providing an additional requirement for voting
42	systems; amending s. 101.5608, F.S.; conforming terminology;
43	amending s. 101.5612, F.S.; providing for testing of tabulating
44	equipment prior to commencement of early voting and notice
45	thereof; amending s. 101.5613, F.S.; specifying person
46	responsible for examination of equipment for purposes of early
47	voting; amending s. 101.595, F.S.; revising duties of the
48	supervisor of elections with respect to reporting undervotes and
49	overvotes; amending s. 101.6103, F.S.; allowing the canvassing
50	of mail ballots to begin at 7 a.m. on the fourth day before the
51	election; prohibiting the release of results prior to 7 p.m. on
52	the day of the election; providing penalties; amending s.
53	101.62, F.S.; deleting a provision relating to the duty of
54	supervisors of elections with respect to requests for absentee
55	ballots from overseas voters received after the Friday before
56	the election; revising requirements for the mailing of absentee
57	and advance absentee ballots; correcting a reference; amending
58	s. 101.64, F.S.; revising the Voter's Certificate for absent
59	electors to remove the requirement of an attesting witness;
60	requiring absentee voters voting pursuant to the Uniformed and
61	Overseas Citizens Absentee Voting Act to use a standard oath as
62	prescribed by federal law; amending s. 101.65, F.S.; revising
63	the instructions to absent electors to remove the requirement of
64	an attesting witness; amending s. 101.657, F.S.; authorizing and
65	providing requirements for early voting; providing for
66	designation of certain facilities as early voting sites;
67	amending s. 101.68, F.S.; removing the requirement of the
68	signature of an attesting witness for an absentee ballot to be
69	considered legal; amending s. 101.6921, F.S.; revising the
70	instructions for special absentee ballots for certain first-time
71	voters to remove the requirement of an attesting witness;
72	amending s. 101.6923, F.S.; providing that the special absentee
73	ballot instructions for certain first-time voters shall be
74	substantially in a specified form; revising the Voter's
75	Certificate for special absentee ballots for certain first-time
76	voters to remove the requirement of an attesting witness;
77	amending s. 101.694, F.S.; revising specifications for absentee
78	envelopes printed for overseas voters; amending s. 101.6952,
79	F.S., relating to absentee ballots received from overseas
80	voters, to conform; amending s. 101.697, F.S.; requiring the
81	Department of State to determine the security of electronic
82	transmissions of certain election materials prior to rule
83	adoption; amending s. 102.012, F.S.; providing for a single
84	election board for each precinct; amending s. 102.071, F.S.;
85	deleting the requirement that the certificate of results be
86	prepared in triplicate; amending s. 102.111, F.S.; allowing the
87	Elections Canvassing Commission to delegate the authority to
88	order recounts to the chief election officer; amending s.
89	102.141, F.S.; deleting the requirement that the canvass be
90	filed with the county court judge; clarifying responsibility for
91	ordering recounts; deleting the requirement for test of the
92	tabulating equipment at the completion of the recount; extending
93	the deadline for reporting results of the machine recount;
94	amending s. 102.168, F.S.; revising provisions with respect to
95	the time for contesting an election; declaring the county
96	canvassing board and the Elections Canvassing Commission
97	indispensable and proper parties in contested elections;
98	amending s. 105.031, F.S.; exempting write-in candidates for the
99	office of school board member from payment of the qualifying
100	fee; amending s. 105.035, F.S.; revising procedures for
101	qualifying as a candidate for judicial or school board office by
102	petition; amending s. 106.011, F.S.; defining the term
103	"eliminated candidate"; amending s. 106.021, F.S.; providing
104	exceptions to a prohibition against making certain contributions
105	or expenditures in connection with a campaign or activities of a
106	political committee; authorizing reimbursement of expenses
107	incurred in connection with a campaign or activities of a
108	political committee; requiring disclosure of the names and
109	addresses of persons reimbursed from a campaign account;
110	providing for retroactive operation; amending s. 106.023, F.S.;
111	providing that the execution and filing of the statement of
112	candidate does not in and of itself create a presumption that a
113	violation of ch. 106 or ch. 104, F.S., is a willful violation;
114	amending s. 106.04, F.S.; reducing the fine for late filing of
115	campaign finance reports by committees of continuous existence
116	for the first 3 days; providing for deposit of fine proceeds
117	into the General Revenue Fund; amending s. 106.07, F.S.;
118	revising requirements for filing campaign reports; revising
119	requirements with respect to timely filing of mailed reports;
120	requiring the reporting of the primary purposes of certain
121	expenditures made indirectly through a campaign treasurer for
122	certain goods and services; expanding grounds for appealing or
123	disputing a fine; requiring the Florida Elections Commission to
124	consider mitigating and aggravating circumstances in determining
125	the amount of a fine, if any, to be waived for late-filed
126	reports; providing for deposit of certain fine proceeds into the
127	General Revenue Fund; limiting investigation of alleged late
128	filing violations; providing for electronic filing of reports;
129	allowing electronic receipts to be used as proof of filing;
130	creating s. 106.0705, F.S.; providing for electronic filing of
131	campaign treasurer's reports; providing standards and
132	guidelines; providing penalties; amending s. 106.075, F.S.;
133	revising requirements with respect to reporting loans; amending
134	s. 106.08, F.S.; prohibiting candidates from expending funds
135	from their campaign accounts to obtain endorsements; providing
136	penalties; amending s. 106.087, F.S.; exempting committees of
137	continuous existence from certain prohibitions with respect to
138	independent expenditures; amending s. 106.09, F.S.; prohibiting
139	acceptance of certain contributions made by money order;
140	providing penalties; amending s. 106.11, F.S.; revising
141	provisions relating to reporting use of debit cards; amending s.
142	106.141, F.S.; providing for deposit into the General Revenue
143	Fund of reimbursed election assessments; amending s. 106.25,
144	F.S.; restricting the alleged violations the commission may
145	investigate to those specifically contained within a sworn
146	complaint; providing restrictions on subsequent complaints based
147	on the same facts or allegations as a prior complaint;
148	authorizing respondents and complainants and their counsels to
149	attend hearings at which probable cause is determined; requiring
150	prior notice; permitting a brief oral statement; specifying
151	bases for determining probable cause; amending s. 106.265, F.S.;
152	providing liability of complainants for costs and reasonable
153	attorney's fees under certain circumstances; providing for civil
154	actions to collect such costs and fees; amending s. 106.29,
155	F.S.; revising provisions relating to reports by political
156	parties; providing that the proceeds of funds assessed against
157	political parties for the late filing of reports shall be
158	deposited into the General Revenue Fund; providing for
159	determination of fine for electronically filed reports; amending
160	s. 191.005, F.S.; requiring certain candidates for commissioner
161	of an independent special fire control district to conduct their
162	campaigns in accordance with ch. 106, F.S.; providing an
163	exception; amending s. 287.057, F.S.; exempting certain voter
164	education activities from competitive-solicitation requirements;
165	requiring voting systems to meet certain requirements by a date
166	certain; amending s. 22, ch. 2002-281, Laws of Florida; revising
167	effective dates applicable to provisions in such law; repealing
168	s. 98.181, F.S., relating to the supervisor of elections making
169	up indexes or records; repealing s. 101.635, F.S., relating to
170	distribution of blocks of printed ballots; repealing s. 102.061,
171	F.S., relating to duties of election boards; repealing s.
172	106.085, F.S., relating to independent expenditure notice
173	requirements; repealing s. 106.144, F.S., relating to filing of
174	statements by certain groups and organizations intending to make
175	or making political advertisements endorsing or opposing
176	candidates or issues; providing applicability of changes to
177	provisions of ch. 106, F.S., to pending and future cases before
178	the Florida Elections Commission; providing effective dates.
179
180	Be It Enacted by the Legislature of the State of Florida:
181
182	Section 1.  Subsection (3) of section 97.021, Florida
183	Statutes, is amended, subsections (8) through (37) are
184	renumbered as subsections (9) through (38), respectively, a new
185	subsection (8) is added to said section, and present subsection
186	(38) is renumbered as subsection (39) and amended, to read:
187	97.021  Definitions.--For the purposes of this code, except
188	where the context clearly indicates otherwise, the term:
189	(3)  "Ballot" or "official ballot" when used in reference
190	to:
191	(a)  "Marksense Paper ballots" means that printed sheet of
192	paper, used in conjunction with an electronic or
193	electromechanical vote tabulation voting system, containing the
194	names of candidates, or a statement of proposed constitutional
195	amendments or other questions or propositions submitted to the
196	electorate at any election, on which sheet of paper an elector
197	casts his or her vote.
198	(b)  "Electronic or electromechanical devices" means a
199	ballot that is voted by the process of electronically
200	designating, including by touchscreen, or marking with a marking
201	device for tabulation by automatic tabulating equipment or data
202	processing equipment.
203	(8)  "Early voting" means casting a ballot prior to
204	election day at a location designated by the supervisor of
205	elections and depositing the voted ballot in the tabulation
206	system.
207	(39)(38)  "Voting system" means a method of casting and
208	processing votes that functions wholly or partly by use of
209	electromechanical or electronic apparatus or by use of marksense
210	paper ballots and includes, but is not limited to, the
211	procedures for casting and processing votes and the programs,
212	operating manuals, supplies tabulating cards, printouts, and
213	other software necessary for the system's operation.
214	Section 2.  Subsection (1) of section 97.052, Florida
215	Statutes, is amended to read:
216	97.052  Uniform statewide voter registration application.--
217	(1)  The department shall prescribe a uniform statewide
218	voter registration application for use in this state.
219	(a)  The uniform statewide voter registration application
220	must be accepted for any one or more of the following purposes:
221	1.  Initial registration.
222	2.  Change of address.
223	3.  Change of party affiliation.
224	4.  Change of name.
225	5.  Replacement of voter registration identification card.
226	6.  Signature update.
227	(b)  The department is responsible for printing the uniform
228	statewide voter registration application and the voter
229	registration application form prescribed by the Federal Election
230	Commission pursuant to the National Voter Registration Act of
231	1993. The applications and forms must be distributed, upon
232	request, to the following:
233	1.  Individuals seeking to register to vote.
234	2.  Individuals or groups conducting voter registration
235	programs. A charge of 1 cent per application shall be assessed
236	on requests for 10,000 or more applications.
237	3.  The Department of Highway Safety and Motor Vehicles.
238	4.  Voter registration agencies.
239	5.  Armed forces recruitment offices.
240	6.  Qualifying educational institutions.
241	7.  Supervisors, who must make the applications and forms
242	available in the following manner:
243	a.  By distributing the applications and forms in their
244	offices to any individual or group.
245	b.  By distributing the applications and forms at other
246	locations designated by each supervisor.
247	c.  By mailing the applications and forms to applicants
248	upon the request of the applicant.
249	(c)  The uniform statewide voter registration application
250	may be reproduced by any of the entities described in paragraph
251	(b) private individual or group, provided the reproduced
252	application is in the same format as the application prescribed
253	under this section.
254	Section 3.  Paragraph (a) of subsection (7) of section
255	99.061, Florida Statutes, is amended to read:
256	99.061  Method of qualifying for nomination or election to
257	federal, state, county, or district office.--
258	(7)(a)  In order for a candidate to be qualified, the
259	following items must be received by the filing officer by the
260	end of the qualifying period:
261	1.  A properly executed check drawn upon the candidate's
262	campaign account in an amount not less than the fee required by
263	s. 99.092 or, in lieu thereof, as applicable, the copy of the
264	notice of obtaining ballot position pursuant to s. 99.095, or
265	the undue burden oath authorized pursuant to s. 99.0955, or s.
266	99.096. If a candidate's check is returned by the bank for any
267	reason, the filing officer shall immediately notify the
268	candidate and the candidate shall, the end of qualifying
269	notwithstanding, have 48 hours from the time such notification
270	is received, excluding Saturdays, Sundays, and legal holidays,
271	to pay the fee with a cashier's check purchased from funds of
272	the campaign account. Failure to pay the fee as provided in this
273	subparagraph shall disqualify the candidate.
274	2.  The candidate's oath required by s. 99.021, which must
275	contain the name of the candidate as it is to appear on the
276	ballot; the office sought, including the district or group
277	number if applicable; and the signature of the candidate, duly
278	acknowledged.
279	3.  The loyalty oath required by s. 876.05, signed by the
280	candidate and duly acknowledged.
281	4.  If the office sought is partisan, the written statement
282	of political party affiliation required by s. 99.021(1)(b).
283	5.  The completed form for the appointment of campaign
284	treasurer and designation of campaign depository, as required by
285	s. 106.021.
286	6.  The full and public disclosure or statement of
287	financial interests required by subsection (4).
288	Section 4.  Effective January 1, 2005, section 99.095,
289	Florida Statutes, is amended to read:
290	(Substantial rewording of section. See s.
291	99.095, F.S., for present text.)
292	99.095  Petition process in lieu of qualifying fee and
293	party assessment.--
294	(1)  A person seeking to qualify as a candidate for any
295	office is not required to pay the qualifying fee or party
296	assessment required by this chapter if he or she meets the
297	petition requirements of this section.
298	(2)(a)  A candidate shall obtain the signatures of voters
299	in the geographical area represented by the office sought equal
300	to at least 1 percent of the total number of voters of that
301	geographical area, as shown by the compilation by the department
302	for the last preceding general election. No signatures may be
303	obtained until the candidate has filed the appointment of
304	campaign treasurer and designation of campaign depository
305	pursuant to s. 106.021.
306	(b)  The format of the petition shall be prescribed by the
307	division and shall be used by candidates to reproduce petitions
308	for circulation. If the candidate is running for an office that
309	requires a group or district designation, the petition must
310	indicate that designation or the signatures are not valid. A
311	separate petition is required for each candidate.
312	(3)  Each petition must be submitted before noon of the
313	28th day preceding the first day of the qualifying period for
314	the office sought to the supervisor of elections of the county
315	in which such petition was circulated. Each supervisor shall
316	check the signatures on the petitions to verify their status as
317	voters in the county, district, or other geographical area
318	represented by the office sought. No later than the 7th day
319	prior to the first day of the qualifying period, the supervisor
320	shall certify the number of valid signatures.
321	(4)(a)  Certifications for candidates for federal, state,
322	or multicounty district office shall be submitted to the
323	division. The division shall determine whether the required
324	number of signatures has been obtained and shall notify the
325	candidate.
326	(b)  For candidates for county or district office not
327	covered by paragraph (a), the supervisor shall determine whether
328	the required number of signatures has been obtained and shall
329	notify the candidate.
330	(5)  If the required number of signatures has been
331	obtained, the candidate is eligible to qualify pursuant to s.
332	99.061.
333	Section 5.  Effective January 1, 2005, section 99.0955,
334	Florida Statutes, is amended to read:
335	99.0955  Candidates with no party affiliation; name on
336	general election ballot.--
337	(1)  Each person seeking to qualify for election as a
338	candidate with no party affiliation shall file his or her
339	qualifying qualification papers and pay the qualifying fee, or
340	qualify by the petition process pursuant to s. 99.095,
341	alternative method prescribed in subsection (3) with the officer
342	and during the times and under the circumstances prescribed in
343	s. 99.061. Upon qualifying, the candidate is entitled to have
344	his or her name placed on the general election ballot.
345	(2)  The qualifying fee for candidates with no party
346	affiliation shall consist of a filing fee and an election
347	assessment. The amount of the filing fee is 3 percent of the
348	annual salary of the office sought. The amount of the election
349	assessment is 1 percent of the annual salary of the office
350	sought. The election assessment shall be deposited into the
351	Elections Commission Trust Fund. Filing fees paid to the
352	Department of State shall be deposited into the General Revenue
353	Fund of the state. Filing fees paid to the supervisor of
354	elections shall be deposited into the general revenue fund of
355	the county.
356	(3)(a)  A candidate with no party affiliation may, in lieu
357	of paying the qualifying fee, qualify for office by the
358	alternative method prescribed in this subsection. A candidate
359	using this petitioning process shall file an oath with the
360	officer before whom the candidate would qualify for the office
361	stating that he or she intends to qualify by this alternative
362	method. If the person is running for an office that requires a
363	group or district designation, the candidate must indicate the
364	designation in his or her oath. The oath shall be filed at any
365	time after the first Tuesday after the first Monday in January
366	of the year in which the election is held, but before the 21st
367	day preceding the first day of the qualifying period for the
368	office sought. The Department of State shall prescribe the form
369	to be used in administering and filing the oath. Signatures may
370	not be obtained by a candidate on any petition until the
371	candidate has filed the oath required in this subsection. Upon
372	receipt of the written oath from a candidate, the qualifying
373	officer shall provide the candidate with petition forms in
374	sufficient numbers to facilitate the gathering of signatures. If
375	the candidate is running for an office that requires a group or
376	district designation, the petition must indicate that
377	designation or the signatures obtained on the petition will not
378	be counted.
379	(b)  A candidate shall obtain the signatures of a number of
380	qualified electors in the geographical entity represented by the
381	office sought equal to 1 percent of the registered electors of
382	the geographical entity represented by the office sought, as
383	shown by the compilation by the Department of State for the
384	preceding general election.
385	(c)  Each petition must be submitted before noon of the
386	21st day preceding the first day of the qualifying period for
387	the office sought, to the supervisor of elections of the county
388	for which such petition was circulated. Each supervisor to whom
389	a petition is submitted shall check the signatures on the
390	petition to verify their status as electors in the county,
391	district, or other geographical entity represented by the office
392	sought. Before the first day for qualifying, the supervisor
393	shall certify the number shown as registered electors.
394	(d)1.  Certifications for candidates for federal, state, or
395	multicounty district office shall be submitted to the Department
396	of State. The Department of State shall determine whether the
397	required number of signatures has been obtained for the name of
398	the candidate to be placed on the ballot and shall notify the
399	candidate.
400	2.  For candidates for county or district office not
401	covered by subparagraph 1., the supervisor of elections shall
402	determine whether the required number of signatures has been
403	obtained for the name of the candidate to be placed on the
404	ballot and shall notify the candidate.
405	(e)  If the required number of signatures has been
406	obtained, the candidate shall, during the time prescribed for
407	qualifying for office, submit a copy of the notice received
408	under paragraph (d) and file his or her qualifying papers and
409	the oath prescribed by s. 99.021 with the qualifying officer.
410	Section 6.  Effective January 1, 2005, section 99.096,
411	Florida Statutes, is amended to read:
412	99.096  Minor party candidates; names on ballot.--
413	(1)  The executive committee of a minor political party
414	shall, no later than noon of the third day prior to the first
415	day of the qualifying period prescribed for federal candidates,
416	submit to the Department of State a list of federal candidates
417	nominated by the party to be on the general election ballot. and
418	No later than noon of the third day prior to the first day of
419	the qualifying period for state candidates, the executive
420	committee of a minor party must submit to the Department of
421	State the official list of the state, multicounty, and county
422	respective candidates nominated by that party to be on the
423	ballot in the general election to the filing officer for each of
424	the candidates. The Department of State shall notify the
425	appropriate supervisors of elections of the name of each minor
426	party candidate eligible to qualify before such supervisor. The
427	official list of nominated candidates may not be changed by the
428	party after having been filed with the filing officers
429	Department of State, except that candidates who have qualified
430	may withdraw from the ballot pursuant to the provisions of this
431	code, and vacancies in nominations may be filled pursuant to s.
432	100.111.
433	(2)  Each person seeking to qualify for election as a
434	candidate of a minor party shall file his or her qualifying
435	qualification papers with, and pay the qualifying fee and, if
436	one has been levied, the party assessment, or qualify by the
437	petition process pursuant to s. 99.095 alternative method
438	prescribed in subsection (3), with the officer and at the times
439	and under the circumstances provided in s. 99.061.
440	(3)(a)  A minor party candidate may, in lieu of paying the
441	qualifying fee and party assessment, qualify for office by the
442	alternative method prescribed in this subsection. A candidate
443	using this petitioning process shall file an oath with the
444	officer before whom the candidate would qualify for the office
445	stating that he or she intends to qualify by this alternative
446	method. If the person is running for an office that requires a
447	group or district designation, the candidate must indicate the
448	designation in his or her oath. The oath must be filed at any
449	time after the first Tuesday after the first Monday in January
450	of the year in which the election is held, but before the 21st
451	day preceding the first day of the qualifying period for the
452	office sought. The Department of State shall prescribe the form
453	to be used in administering and filing the oath. Signatures may
454	not be obtained by a candidate on any petition until the
455	candidate has filed the oath required in this section. Upon
456	receipt of the written oath from a candidate, the qualifying
457	officer shall provide the candidate with petition forms in
458	sufficient numbers to facilitate the gathering of signatures. If
459	the candidate is running for an office that requires a group or
460	district designation, the petition must indicate that
461	designation or the signatures on such petition will not be
462	counted.
463	(b)  A candidate shall obtain the signatures of a number of
464	qualified electors in the geographical entity represented by the
465	office sought equal to 1 percent of the registered electors in
466	the geographical entity represented by the office sought, as
467	shown by the compilation by the Department of State for the last
468	preceding general election.
469	(c)  Each petition shall be submitted prior to noon of the
470	21st day preceding the first day of the qualifying period for
471	the office sought to the supervisor of elections of the county
472	for which the petition was circulated. Each supervisor to whom a
473	petition is submitted shall check the signatures on the petition
474	to verify their status as electors in the county, district, or
475	other geographical entity represented by the office sought.
476	Before the first day for qualifying, the supervisor shall
477	certify the number shown as registered electors.
478	(d)1.  Certifications for candidates for federal, state, or
479	multicounty district office shall be submitted to the Department
480	of State. The Department of State shall determine whether the
481	required number of signatures has been obtained for the name of
482	the candidate to be placed on the ballot and shall notify the
483	candidate.
484	2.  For candidates for county or district office not
485	covered by subparagraph 1., the supervisor of elections shall
486	determine whether the required number of signatures has been
487	obtained for the name of the candidate to be placed on the
488	ballot and shall notify the candidate.
489	(e)  If the required number of signatures has been
490	obtained, the candidate shall, during the prescribed time for
491	qualifying for office, submit a copy of the notice received
492	under paragraph (d) and file his or her qualifying papers and
493	the oath prescribed by s. 99.021 with the qualifying officer.
494	(4)  A minor party candidate whose name has been submitted
495	pursuant to subsection (1) and who has qualified for office is
496	entitled to have his or her name placed on the general election
497	ballot.
498	Section 7.  Subsection (1) of section 100.011, Florida
499	Statutes, is amended to read:
500	100.011  Opening and closing of polls, all elections;
501	expenses.--
502	(1)  The polls shall be open at the voting places at 7:00
503	a.m., on the day of the election, and shall be kept open until
504	7:00 p.m., of the same day, and the time shall be regulated by
505	the customary time in standard use in the county seat of the
506	locality. The inspectors shall make public proclamation of the
507	opening and closing of the polls. During the election and
508	canvass of the votes, the ballot box shall not be concealed. Any
509	elector in line at the official closing of the polls shall be
510	allowed to cast a vote in that election.
511	Section 8.  Paragraph (b) of subsection (4) of section
512	100.111, Florida Statutes, is amended to read:
513	100.111  Filling vacancy.--
514	(4)
515	(b)  If the vacancy in nomination occurs later than
516	September 15, or if the vacancy in nomination occurs with
517	respect to a candidate of a minor political party which has
518	obtained a position on the ballot, no special primary election
519	shall be held and the Department of State shall notify the chair
520	of the appropriate state, district, or county political party
521	executive committee of such party; and, within 7 days, the chair
522	shall call a meeting of his or her executive committee to
523	consider designation of a nominee to fill the vacancy. The name
524	of any person so designated shall be submitted to the Department
525	of State within 14 days after of notice to the chair in order
526	that the person designated may have his or her name printed or
527	otherwise placed on the ballot of the ensuing general election,
528	but in no event shall the supervisor of elections be required to
529	place on a ballot a name submitted less than 21 days prior to
530	the election. If the name of the new nominee is submitted after
531	the ballots have been printed or programmed into the machines and
532	the supervisor of elections is not able to reprint or reprogram
533	the ballots or otherwise strike the former nominee's name and
534	insert the new nominee's name vacancy occurs less than 21 days
535	prior to the election, the person designated by the political
536	party will replace the former party nominee even though the
537	former party nominee's name will be on the ballot. Any ballots
538	cast for the former party nominee will be counted for the person
539	designated by the political party to replace the former party
540	nominee. If there is no opposition to the party nominee, the
541	person designated by the political party to replace the former
542	party nominee will be elected to office at the general election.
543	For purposes of this paragraph, the term "district political
544	party executive committee" means the members of the state
545	executive committee of a political party from those counties
546	comprising the area involving a district office.
547	Section 9.  Paragraphs (b) and (c) of subsection (4) of
548	section 101.015, Florida Statutes, are amended to read:
549	101.015  Standards for voting systems.--
550	(4)
551	(b)  Each supervisor of elections shall establish written
552	procedures to assure accuracy and security in his or her county,
553	including procedures related to early voting pursuant to s.
554	101.657. and Such procedures shall be reviewed in each odd-
555	numbered year by the Department of State.
556	(c)  Each supervisor of elections shall submit any
557	revisions to the security procedures to the Department of State
558	at least 45 days before early voting commences pursuant to s.
559	101.657 in an the first election in which they are to take
560	effect.
561	Section 10.  Subsection (1) of section 101.031, Florida
562	Statutes, is amended to read:
563	101.031  Instructions for electors.--
564	(1)  The Department of State, or in case of municipal
565	elections the governing body of the municipality, shall print,
566	in large type on cards, instructions for the electors to use in
567	voting. It shall provide not less than two cards for each voting
568	precinct for each election and furnish such cards to each
569	supervisor upon requisition. Each supervisor of elections shall
570	send a sufficient number of these cards to the precincts prior
571	to an election. The election inspectors shall display the cards
572	in the polling places as information for electors. The cards
573	shall contain information about how to vote and such other
574	information as the Department of State may deem necessary. The
575	cards must also include the list of rights and responsibilities
576	afforded to Florida voters, as described in subsection (2).
577	Section 11.  Effective January 1, 2006, subsections (2) and
578	(4) of section 101.048, Florida Statutes, are amended to read:
579	101.048  Provisional ballots.--
580	(2)(a)  The county canvassing board shall examine each
581	Provisional Ballot Voter's Certificate and Affirmation envelope
582	to determine if the person voting that ballot was entitled to
583	vote at the precinct where the person cast a vote in the
584	election and that the person had not already cast a ballot in
585	the election.
586	(b)1.  If it is determined that the person was registered
587	and entitled to vote at the precinct where the person cast a
588	vote in the election, the canvassing board shall compare the
589	signature on the Provisional Ballot Voter's Certificate and
590	Affirmation envelope with the signature on the voter's
591	registration and, if it matches, shall count the ballot.
592	2.  If it is determined that the person voting the
593	provisional ballot was not registered or entitled to vote at the
594	precinct where the person cast a vote in the election, the
595	provisional ballot shall not be counted and the ballot shall
596	remain in the envelope containing the Provisional Ballot Voter's
597	Certificate and Affirmation and the envelope shall be marked
598	"Rejected as Illegal."
599	(4)  Notwithstanding subsections (1)-(3) In counties where
600	the voting system does not utilize a paper ballot, the
601	supervisor of elections may, and for persons with disabilities
602	shall, provide the appropriate provisional ballot to the voter
603	by electronic means which meet the requirements of s. 101.56062
604	as provided for by the certified voting system. Each person
605	casting a provisional ballot by electronic means shall, prior to
606	casting his or her ballot, complete the Provisional Ballot
607	Voter's Certificate and Affirmation as provided in subsection
608	(3).
609	Section 12.  Effective January 1, 2006, subsection (5) of
610	section 101.049, Florida Statutes, is amended to read:
611	101.049  Provisional ballots; special circumstances.--
612	(5)  As an alternative, provisional ballots cast pursuant
613	to this section may, and for persons with disabilities shall, be
614	cast in accordance with the provisions of s. 101.048(4).
615	Section 13.  Subsections (1) and (2) of section 101.131,
616	Florida Statutes, are amended to read:
617	101.131  Watchers at polls.--
618	(1)  Each political party and each candidate may have one
619	poll watcher and each political party may have one poll watcher
620	and one at-large poll watcher in each polling room at any one
621	time during the election. No poll watcher shall be permitted to
622	come closer to the officials' table or the voting booths than is
623	reasonably necessary to properly perform his or her functions,
624	but each shall be allowed within the polling room to watch and
625	observe the conduct of electors and officials. The poll watchers
626	shall furnish their own materials and necessities and shall not
627	obstruct the orderly conduct of any election. Each poll watcher
628	shall be a qualified and registered elector of the county in
629	which he or she serves.
630	(2)  Each political party and each candidate requesting to
631	have poll watchers shall designate, in writing, poll watchers
632	for each polling room precinct prior to noon of the second
633	Tuesday preceding the election. Each political party may
634	designate at least five additional at-large poll watchers, or one
635	additional at-large poll watcher for every 10,000 registered
636	voters, whichever is greater, who shall be approved and have
637	access to all polling rooms. The poll watchers for each precinct
638	shall be approved by the supervisor of elections on or before
639	the Tuesday before the election. The supervisor shall furnish to
640	each polling room precinct a list of the poll watchers
641	designated and approved for such polling room and a list of at-
642	large poll watchers approved for all polling rooms precinct.
643	Section 14.  Subsection (1) of section 101.151, Florida
644	Statutes, is amended to read:
645	101.151  Specifications for ballots.--
646	(1)  Marksense Paper ballots shall be printed on paper of
647	such thickness that the printing cannot be distinguished from
648	the back and shall meet the specifications of the voting system
649	which will be used to read the ballots.
650	Section 15.  Section 101.171, Florida Statutes, is amended
651	to read:
652	101.171  Copy of constitutional amendment to be
653	posted.--Whenever any amendment to the State Constitution is to
654	Whenever any amendment to the State Constitution is to be voted
655	upon at any election, the Department of State shall have
656	printed, and shall furnish to each supervisor of elections, a
657	sufficient number of copies of the amendment either in poster or
658	booklet form, and the supervisor shall have a copy thereof
659	conspicuously posted or available at each precinct upon the day
660	of election.
661	Section 16.  Subsection (3) of section 101.253, Florida
662	Statutes, is amended to read:
663	101.253  When names not to be printed on ballot.--
664	(3)  In the event ballots are printed or programmed into
665	the machines prior to the death, resignation, removal, or
666	withdrawal of a candidate, the supervisor of elections, at his or
667	her discretion, may:
668	(a)  Strike the name of the candidate and, if necessary,
669	insert the name of the new nominee;
670	(b)  Reprint or reprogram the ballot; or
671	(c)  Provide notice in a newspaper of general circulation in
672	the county, post a notice in each voting booth, and provide an
673	insert with each absentee ballot mailed to a voter explaining the
674	consequences of a vote for the former candidate. In no case
675	shall the supervisor be required to print on the ballot a name
676	which is submitted less than 21 days prior to the election. In
677	the event the ballots are printed 21 days or more prior to the
678	election, the name of any candidate whose death, resignation,
679	removal, or withdrawal created a vacancy in office or nomination
680	shall be stricken from the ballot with a rubber stamp or
681	appropriate printing device, and the name of the new nominee
682	shall be inserted on the ballot in a like manner. The supervisor
683	may, as an alternative, reprint the ballots to include the name
684	of the new nominee.
685	Section 17.  Section 101.294, Florida Statutes, is amended
686	to read:
687	101.294  Purchase and sale of voting equipment.--
688	(1)  The Division of Elections of the Department of State
689	shall adopt uniform rules for the purchase, use, and sale of
690	voting equipment in the state. No governing body shall purchase,
691	or cause to be purchased, or deploy any voting equipment unless
692	such equipment has been certified for use in this state by the
693	Department of State.
694	(2)  Any governing body contemplating the purchase or sale
695	of voting equipment shall notify the Division of Elections of
696	such considerations. The division shall attempt to coordinate
697	the sale of excess or outmoded equipment by one county with
698	purchases of necessary equipment by other counties.
699	(3)  The division shall inform the governing bodies of the
700	various counties of the state of the availability of new or used
701	voting equipment and of sources available for obtaining such
702	equipment.
703	(4)  No vendor of voting equipment shall provide an
704	uncertified voting system, voting system component, or voting
705	system upgrade to a governing body or supervisor of elections in
706	this state.
707	(5)  Prior to or in conjunction with providing a voting
708	system, voting system component, or voting system upgrade, the
709	vendor shall provide the governing body or supervisor of
710	elections with a sworn certification that the voting system,
711	voting system component, or voting system upgrade being provided
712	has been certified by the Division of Elections.
713	Section 18.  Section 101.295, Florida Statutes, is amended
714	to read:
715	101.295  Penalties for violation.--
716	(1)  Any member of a governing body which purchases or
717	sells voting equipment in violation of the provisions of ss.
718	101.292-101.295, which member knowingly votes to purchase or
719	sell voting equipment in violation of the provisions of ss.
720	101.292-101.295, commits is guilty of a misdemeanor of the first
721	degree, punishable as provided by s. 775.082 or s. 775.083, and
722	shall be subject to suspension from office on the grounds of
723	malfeasance.
724	(2)  Any vendor of voting equipment, chief executive
725	officer of such a vendor, or vendor representative who provides a
726	voting system, voting system component, or voting system upgrade
727	in violation of the provisions of this chapter commits a felony
728	of the third degree, punishable as provided in s. 775.082, s.
729	775.083, or s. 775.084.
730	Section 19.  Subsection (4) of section 101.5606, Florida
731	Statutes, is amended, and, effective January 1, 2006, subsection
732	(16) is added to said section, to read:
733	101.5606  Requirements for approval of systems.--No
734	electronic or electromechanical voting system shall be approved
735	by the Department of State unless it is so constructed that:
736	(4)  For systems using marksense paper ballots, it accepts
737	a rejected ballot pursuant to subsection (3) if a voter chooses
738	to cast the ballot, but records no vote for any office that has
739	been overvoted or undervoted.
740	(16)  All electronic voter interface devices are capable of
741	allowing voters to cast both regular and provisional ballots
742	while allowing the elections administrator to preserve the
743	secrecy of voted ballots.
744	Section 20.  Subsections (2) and (3) of section 101.5608,
745	Florida Statutes, are amended to read:
746	101.5608  Voting by electronic or electromechanical method;
747	procedures.--
748	(2)  When an electronic or electromechanical voting system
749	utilizes a ballot card or marksense paper ballot, the following
750	procedures shall be followed:
751	(a)  After receiving a ballot from an inspector, the
752	elector shall, without leaving the polling place, retire to a
753	booth or compartment and mark the ballot. After preparing his or
754	her ballot, the elector shall place the ballot in a secrecy
755	envelope with the stub exposed or shall fold over that portion
756	on which write-in votes may be cast, as instructed, so that the
757	ballot will be deposited in the ballot box without exposing the
758	voter's choices. Before the ballot is deposited in the ballot
759	box, the inspector shall detach the exposed stub and place it in
760	a separate envelope for audit purposes; when a fold-over ballot
761	is used, the entire ballot shall be placed in the ballot box.
762	(b)  Any voter who spoils his or her ballot or makes an
763	error may return the ballot to the election official and secure
764	another ballot, except that in no case shall a voter be
765	furnished more than three ballots. If the vote tabulation device
766	has rejected a ballot, the ballot shall be considered spoiled
767	and a new ballot shall be provided to the voter unless the voter
768	chooses to cast the rejected ballot. The election official,
769	without examining the original ballot, shall state the possible
770	reasons for the rejection and shall provide instruction to the
771	voter pursuant to s. 101.5611. A spoiled ballot shall be
772	preserved, without examination, in an envelope provided for that
773	purpose. The stub shall be removed from the ballot and placed in
774	an envelope.
775	(c)  The supervisor of elections shall prepare for each
776	polling place at least one ballot box to contain the ballots of
777	a particular precinct, and each ballot box shall be plainly
778	marked with the name of the precinct for which it is intended.
779	(3)  The Department of State shall promulgate rules
780	regarding voting procedures to be used when an electronic or
781	electromechanical voting system is of a type which does not
782	utilize a ballot card or marksense paper ballot.
783	Section 21.  Subsection (2) of section 101.5612, Florida
784	Statutes, is amended to read:
785	101.5612  Testing of tabulating equipment.--
786	(2)  On any day not more than 10 days prior to the
787	commencement of early voting as provided in s. 101.657 election
788	day, the supervisor of elections shall have the automatic
789	tabulating equipment publicly tested to ascertain that the
790	equipment will correctly count the votes cast for all offices
791	and on all measures. Public notice of the time and place of the
792	test shall be given at least 48 hours prior thereto by
793	publication once in one or more newspapers of general
794	circulation in the county or, if there is no newspaper of
795	general circulation in the county, by posting the such notice in
796	at least four conspicuous places in the county. The supervisor
797	or the municipal elections official may, at the time of
798	qualifying, give written notice of the time and location of the
799	such public preelection test to each candidate qualifying with
800	that office and obtain a signed receipt that the such notice has
801	been given. The Department of State shall give written notice to
802	each statewide candidate at the time of qualifying, or
803	immediately at the end of qualifying, that the voting equipment
804	will be tested and advise each such candidate to contact the
805	county supervisor of elections as to the time and location of
806	the public preelection test. The supervisor or the municipal
807	elections official shall, at least 15 days prior to the
808	commencement of early voting as provided in s. 101.657 an
809	election, send written notice by certified mail to the county
810	party chair of each political party and to all candidates for
811	other than statewide office whose names appear on the ballot in
812	the county and who did not receive written notification from the
813	supervisor or municipal elections official at the time of
814	qualifying, stating the time and location of the public
815	preelection test of the automatic tabulating equipment. The
816	canvassing board shall convene, and each member of the
817	canvassing board shall certify to the accuracy of the test. For
818	the test, the canvassing board may designate one member to
819	represent it. The test shall be open to representatives of the
820	political parties, the press, and the public. Each political
821	party may designate one person with expertise in the computer
822	field who shall be allowed in the central counting room when all
823	tests are being conducted and when the official votes are being
824	counted. The Such designee shall not interfere with the normal
825	operation of the canvassing board.
826	Section 22.  Section 101.5613, Florida Statutes, is amended
827	to read:
828	101.5613  Examination of equipment during voting.--A member
829	of the election board or, for purposes of early voting pursuant
830	to s. 101.657, a representative of the supervisor of elections,
831	shall occasionally examine the face of the voting device and the
832	ballot information to determine that the device and the ballot
833	information have not been damaged or tampered with.
834	Section 23.  Subsection (1) of section 101.595, Florida
835	Statutes, is amended to read:
836	101.595  Analysis and reports of voting problems.--
837	(1)  No later than December 15 of each general election
838	year, the supervisor of elections in each county shall report to
839	the Department of State the total number of overvotes and
840	undervotes in either the presidential or the gubernatorial race,
841	whichever is applicable the first race appearing on the ballot
842	pursuant to s. 101.151(2), along with the likely reasons for
843	such overvotes and undervotes and other information as may be
844	useful in evaluating the performance of the voting system and
845	identifying problems with ballot design and instructions which
846	may have contributed to voter confusion.
847	Section 24.  Subsection (1) of section 101.6103, Florida
848	Statutes, is amended, subsection (6) is renumbered as subsection
849	(7), and a new subsection (6) is added to said section, to read:
850	101.6103  Mail ballot election procedure.--
851	(1)  Except as otherwise provided in subsection (7) (6),
852	the supervisor of elections shall mail all official ballots with
853	a secrecy envelope, a return mailing envelope, and instructions
854	sufficient to describe the voting process to each elector
855	entitled to vote in the election not sooner than the 20th day
856	before the election and not later than the 10th day before the
857	date of the election. All such ballots shall be mailed by first-
858	class mail. Ballots shall be addressed to each elector at the
859	address appearing in the registration records and placed in an
860	envelope which is prominently marked "Do Not Forward."
861	(6)  The canvassing board may begin the canvassing of mail
862	ballots at 7 a.m. on the fourth day before the election,
863	including processing the ballots through the tabulating
864	equipment. However, no results shall be released until after 7
865	p.m. on the day of the election. Any canvassing board member or
866	election employee who releases any result prior to 7 p.m. on the
867	day of the election commits a felony of the third degree,
868	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
869	(7)(6)  With respect to absent electors overseas entitled
870	to vote in the election, the supervisor of elections shall mail
871	an official ballot with a secrecy envelope, a return mailing
872	envelope, and instructions sufficient to describe the voting
873	process to each such elector on a date sufficient to allow such
874	elector time to vote in the election and to have his or her
875	marked ballot reach the supervisor by 7 p.m. on the day of the
876	election.
877	Section 25.  Section 101.62, Florida Statutes, is amended
878	to read:
879	101.62  Request for absentee ballots.--
880	(1)(a)  The supervisor may accept a request for an absentee
881	ballot from an elector in person or in writing. Except as
882	provided in s. 101.694, one request shall be deemed sufficient
883	to receive an absentee ballot for all elections which are held
884	within a calendar year, unless the elector or the elector's
885	designee indicates at the time the request is made the elections
886	for which the elector desires to receive an absentee ballot.
887	Such request may be considered canceled when any first-class
888	mail sent by the supervisor to the elector is returned as
889	undeliverable.
890	(b)  The supervisor may accept a written or telephonic
891	request for an absentee ballot from the elector, or, if directly
892	instructed by the elector, a member of the elector's immediate
893	family, or the elector's legal guardian. For purposes of this
894	section, the term "immediate family" has the same meaning as
895	specified in paragraph (3)(4)(b). The person making the request
896	must disclose:
897	1.  The name of the elector for whom the ballot is
898	requested;
899	2.  The elector's address;
900	3.  The elector's date of birth;
901	4.  The requester's name;
902	5.  The requester's address;
903	6.  The requester's driver's license number, if available;
904	7.  The requester's relationship to the elector; and
905	8.  The requester's signature (written requests only).
906	(2)  If a request for an absentee ballot is received after
907	the Friday before the election by the supervisor of elections
908	from an absent elector overseas, the supervisor shall send a
909	notice to the elector acknowledging receipt of his or her
910	request and notifying the elector that the ballot will not be
911	forwarded due to insufficient time for return of the ballot by
912	the required deadline.
913	(2)(3)  For each request for an absentee ballot received,
914	the supervisor shall record the date the request was made, the
915	date the absentee ballot was delivered or mailed, the date the
916	ballot was received by the supervisor, and such other
917	information he or she may deem necessary. This information shall
918	be confidential and exempt from the provisions of s. 119.07(1)
919	and shall be made available to or reproduced only for a
920	canvassing board, an election official, a political party or
921	official thereof, a candidate who has filed qualification papers
922	and is opposed in an upcoming election, and registered political
923	committees or registered committees of continuous existence, for
924	political purposes only.
925	(3)(4)(a)  To each absent qualified elector overseas who
926	has requested an absentee ballot, the supervisor of elections
927	shall, not fewer than 35 days before the first primary election,
928	mail an absentee ballot. Not fewer than 45 days before the
929	second primary and general election, the supervisor of elections
930	shall mail an absentee ballot. If the regular absentee ballots
931	are not available, the supervisor shall mail an advance absentee
932	ballot to those persons requesting ballots for such elections.
933	The advance absentee ballot for the second primary shall be the
934	same as the first primary absentee ballot as to the names of
935	candidates, except that for any offices where there are only two
936	candidates, those offices and all political party executive
937	committee offices shall be omitted. Except as provided in s.
938	99.063(4), the advance absentee ballot for the general election
939	shall be as specified in s. 101.151, except that in the case of
940	candidates of political parties where nominations were not made
941	in the first primary, the names of the candidates placing first
942	and second in the first primary election shall be printed on the
943	advance absentee ballot. The advance absentee ballot or advance
944	absentee ballot information booklet shall be of a different
945	color for each election and also a different color from the
946	absentee ballots for the first primary, second primary, and
947	general election. The supervisor shall mail an advance absentee
948	ballot for the second primary and general election to each
949	qualified absent elector for whom a request is received until
950	the absentee ballots are printed. The supervisor shall enclose
951	with the advance second primary absentee ballot and advance
952	general election absentee ballot an explanation stating that the
953	absentee ballot for the election will be mailed as soon as it is
954	printed; and, if both the advance absentee ballot and the
955	absentee ballot for the election are returned in time to be
956	counted, only the absentee ballot will be counted. The
957	Department of State may prescribe by rule the requirements for
958	preparing and mailing absentee ballots to absent qualified
959	electors overseas.
960	(b)  As soon as the remainder of the absentee ballots are
961	printed, the supervisor shall provide an absentee ballot to each
962	elector by whom a request for that ballot has been made by one
963	of the following means:
964	1.  By nonforwardable, return-if-undeliverable mail to the
965	elector's current mailing address on file with the supervisor,
966	unless the elector specifies in the request that:
967	a.  The elector is absent from the county and does not plan
968	to return before the day of the election;
969	b.  The elector is temporarily unable to occupy the
970	residence because of hurricane, tornado, flood, fire, or other
971	emergency or natural disaster; or
972	c.  The elector is in a hospital, assisted-living facility,
973	nursing home, short-term medical or rehabilitation facility, or
974	correctional facility,
975
976	in which case the supervisor shall mail the ballot by
977	nonforwardable, return-if-undeliverable mail to any other
978	address the elector specifies in the request.
979	2.  By forwardable mail to voters who are entitled to vote
980	by absentee ballot under the Uniformed and Overseas Citizens
981	Absentee Voting Act.
982	3.  By personal delivery to the elector, upon presentation
983	of the identification required in s. 101.657.
984	4.  By delivery to a designee on election day or up to 4
985	days prior to the day of an election. Any elector may designate
986	in writing a person to pick up the ballot for the elector;
987	however, the person designated may not pick up more than two
988	absentee ballots per election, other than the designee's own
989	ballot, except that additional ballots may be picked up for
990	members of the designee's immediate family. For purposes of this
991	section, "immediate family" means the designee's spouse or the
992	parent, child, grandparent, or sibling of the designee or of the
993	designee's spouse. The designee shall provide to the supervisor
994	the written authorization by the elector and a picture
995	identification of the designee and must complete an affidavit.
996	The designee shall state in the affidavit that the designee is
997	authorized by the elector to pick up that ballot and shall
998	indicate if the elector is a member of the designee's immediate
999	family and, if so, the relationship. The department shall
1000	prescribe the form of the affidavit. If the supervisor is
1001	satisfied that the designee is authorized to pick up the ballot
1002	and that the signature of the elector on the written
1003	authorization matches the signature of the elector on file, the
1004	supervisor shall give the ballot to that designee for delivery
1005	to the elector.
1006	(4)(5)  In the event that the Elections Canvassing
1007	Commission is unable to certify the results of an election for a
1008	state office in time to comply with subsection (3) (4), the
1009	Department of State is authorized to prescribe rules for a
1010	ballot to be sent to absent electors overseas.
1011	(5)(6)  Nothing other than the materials necessary to vote
1012	absentee shall be mailed or delivered with any absentee ballot.
1013	Section 26.  Section 101.64, Florida Statutes, is amended
1014	to read:
1015	101.64  Delivery of absentee ballots; envelopes; form.--
1016	(1)  The supervisor shall enclose with each absentee ballot
1017	two envelopes: a secrecy envelope, into which the absent elector
1018	shall enclose his or her marked ballot; and a mailing envelope,
1019	into which the absent elector shall then place the secrecy
1020	envelope, which shall be addressed to the supervisor and also
1021	bear on the back side a certificate in substantially the
1022	following form:
1023
1024	Note: Please Read Instructions Carefully Before
1025	Marking Ballot and Completing Voter's Certificate.
1026
1027	VOTER'S CERTIFICATE
1028	I, _____, do solemnly swear or affirm that I am a qualified
1029	and registered voter of _____ County, Florida, and that I have
1030	not and will not vote more than one ballot in this election. I
1031	understand that if I commit or attempt to commit any fraud in
1032	connection with voting, vote a fraudulent ballot, or vote more
1033	than once in an election, I can be convicted of a felony of the
1034	third degree and fined up to $5,000 and/or imprisoned for up to
1035	5 years. I also understand that failure to sign this certificate
1036	and have my signature properly witnessed will invalidate my
1037	ballot.
1038
1039	...  (Date)  ......  (Voter's Signature)  ...
1040
1041	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1042	of Age or Older as provided in the Instruction Sheet.
1043
1044	I swear or affirm that the voter signed this Voter's Certificate
1045	in my presence.
1046
1047	...  (Signature of Witness)  ...
1048
1049	...  (Address)  ...
1050	...  (City/State)  ...
1051
1052	(2)  The certificate shall be arranged on the back of the
1053	mailing envelope so that the lines for the signature signatures
1054	of the absent elector is and the attesting witness are across
1055	the seal of the envelope; however, no statement shall appear on
1056	the envelope which indicates that a signature of the voter or
1057	witness must cross the seal of the envelope. The absent elector
1058	and the attesting witness shall execute the certificate on the
1059	envelope.
1060	(3)  In lieu of the Voter's Certificate provided in this
1061	section, the supervisor of elections shall provide each person
1062	voting absentee under the Uniformed and Overseas Citizens
1063	Absentee Voting Act with the standard oath prescribed by the
1064	presidential designee.
1065	Section 27.  Section 101.65, Florida Statutes, is amended
1066	to read:
1067	101.65  Instructions to absent electors.--The supervisor
1068	shall enclose with each absentee ballot separate printed
1069	instructions in substantially the following form:
1070
1071	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1072	1.  VERY IMPORTANT. In order to ensure that your absentee
1073	ballot will be counted, it should be completed and returned as
1074	soon as possible so that it can reach the supervisor of
1075	elections of the county in which your precinct is located no
1076	later than 7 p.m. on the day of the election.
1077	2.  Mark your ballot in secret as instructed on the ballot.
1078	You must mark your own ballot unless you are unable to do so
1079	because of blindness, disability, or inability to read or write.
1080	3.  Mark only the number of candidates or issue choices for
1081	a race as indicated on the ballot. If you are allowed to "Vote
1082	for One" candidate and you vote for more than one candidate,
1083	your vote in that race will not be counted.
1084	4.  Place your marked ballot in the enclosed secrecy
1085	envelope.
1086	5.  Insert the secrecy envelope into the enclosed mailing
1087	envelope which is addressed to the supervisor.
1088	6.  Seal the mailing envelope and completely fill out the
1089	Voter's Certificate on the back of the mailing envelope.
1090	7.  VERY IMPORTANT. In order for your absentee ballot to be
1091	counted, you must sign your name on the line above (Voter's
1092	Signature).
1093	8.  VERY IMPORTANT. If you are an overseas voter, you must
1094	include the date you signed the Voter's Certificate on the line
1095	above (Date) or your ballot may not be counted.
1096	9.  VERY IMPORTANT. In order for your absentee ballot to be
1097	counted, it must include the signature and address of a witness
1098	18 years of age or older affixed to the Voter's Certificate. No
1099	candidate may serve as an attesting witness.
1100	9.10.  Mail, deliver, or have delivered the completed
1101	mailing envelope. Be sure there is sufficient postage if mailed.
1102	10.11.  FELONY NOTICE. It is a felony under Florida law to
1103	accept any gift, payment, or gratuity in exchange for your vote
1104	for a candidate. It is also a felony under Florida law to vote
1105	in an election using a false identity or false address, or under
1106	any other circumstances making your ballot false or fraudulent.
1107	Section 28.  Section 101.657, Florida Statutes, is amended
1108	to read:
1109	101.657  Early voting absentee ballots in person.--
1110	(1)  Any qualified and registered elector may pick up and
1111	vote an absentee ballot in person at the office of, and under
1112	the supervision of, the supervisor of elections. Before
1113	receiving the ballot, the elector must present a current and
1114	valid picture identification as provided in s. 97.0535(3)(a). If
1115	the elector fails to furnish the required identification, or if
1116	the supervisor is in doubt as to the identity of the elector,
1117	the supervisor must follow the procedure prescribed in s.
1118	101.49. If the elector who fails to furnish the required
1119	identification is a first-time voter who registered by mail and
1120	has not provided the required identification to the supervisor
1121	of elections prior to voting, the elector shall be allowed to
1122	vote a provisional ballot. The canvassing board shall compare
1123	the signature on the provisional ballot envelope with the
1124	signature on the voter's registration and, if the signatures
1125	match, shall count the ballot.
1126	(1)(a)(2)  As an alternative to the provisions of ss.
1127	101.64 and 101.65, The supervisor of elections shall may allow
1128	an elector to vote early cast an absentee ballot in the main or
1129	branch office of the supervisor by depositing the voted ballot
1130	in a voting device used by the supervisor to collect or tabulate
1131	ballots. In order for a branch office to be used for early
1132	voting, it shall be a full-service facility of the supervisor and
1133	shall have been designated as such at least 1 year prior to the
1134	election. The supervisor may designate any city hall or public
1135	library as an early voting site; however, if so designated, the
1136	site must be geographically located so as to provide all voters
1137	in the county an equal opportunity to cast a ballot, insofar as
1138	is practicable. The results or tabulation may not be made before
1139	the close of the polls on election day.
1140	(b)  Early voting shall begin on the 15th day before an
1141	election and end on the day before an election. For purposes of
1142	a special election held pursuant to s. 100.101, early voting
1143	shall begin on the 8th day before an election and end on the day
1144	before an election. Early voting shall be provided for at least
1145	8 hours per day during the applicable periods and may be
1146	provided on weekend days.
1147	(2)(a)  The elector must provide identification as required
1148	in subsection (1) and must complete an Early Voting In-Office
1149	Voter Certificate in substantially the following form:
1150
1151	EARLY VOTING IN-OFFICE VOTER CERTIFICATE
1152
1153	I, _____, am a qualified elector in this election and registered
1154	voter of _____ County, Florida. I do solemnly swear or affirm
1155	that I am the person so listed on the voter registration rolls
1156	of _____ County and that I reside at the listed address. I
1157	understand that if I commit or attempt to commit fraud in
1158	connection with voting, vote a fraudulent ballot, or vote more
1159	than once in an election I could be convicted of a felony of the
1160	third degree and both fined up to $5,000 and imprisoned for up
1161	to 5 years. I understand that my failure to sign this
1162	certificate and have my signature witnessed invalidates my
1163	ballot.
1164
1165
1166	...  (Voter's Signature)  ...
1167
1168	...  (Address)  ...
1169
1170	...  (City/State)  ...
1171
1172	...  (Name of Witness)  ...
1173
1174	...  (Signature of Witness)  ...
1175
1176	...  (Type of identification provided)  ...
1177
1178	(b)  Any elector may challenge an elector seeking to vote
1179	early cast an absentee ballot under the provisions of s.
1180	101.111. Any challenged voter ballot must vote be placed in a
1181	provisional regular absentee ballot envelope. The canvassing
1182	board shall review the ballot and decide the validity of the
1183	ballot by majority vote.
1184	(c)  The canvass of returns for ballots cast under this
1185	subsection shall be substantially the same as votes cast by
1186	electors in precincts, as provided in s. 101.5614.
1187	Section 29.  Paragraph (c) of subsection (2) of section
1188	101.68, Florida Statutes, is amended to read:
1189	101.68  Canvassing of absentee ballot.--
1190	(2)
1191	(c)1.  The canvassing board shall, if the supervisor has
1192	not already done so, compare the signature of the elector on the
1193	voter's certificate with the signature of the elector in the
1194	registration books to see that the elector is duly registered in
1195	the county and to determine the legality of that absentee
1196	ballot. An absentee ballot shall be considered illegal if it
1197	does not include the signature of the elector, as shown by the
1198	registration records, and the signature and address of an
1199	attesting witness. However, an absentee ballot shall not be
1200	considered illegal if the signature of the elector or attesting
1201	witness does not cross the seal of the mailing envelope. If the
1202	canvassing board determines that any ballot is illegal, a member
1203	of the board shall, without opening the envelope, mark across
1204	the face of the envelope: "rejected as illegal." The envelope
1205	and the ballot contained therein shall be preserved in the
1206	manner that official ballots voted are preserved.
1207	2.  If any elector or candidate present believes that an
1208	absentee ballot is illegal due to a defect apparent on the
1209	voter's certificate, he or she may, at any time before the
1210	ballot is removed from the envelope, file with the canvassing
1211	board a protest against the canvass of that ballot, specifying
1212	the precinct, the ballot, and the reason he or she believes the
1213	ballot to be illegal. A challenge based upon a defect in the
1214	voter's certificate may not be accepted after the ballot has
1215	been removed from the mailing envelope.
1216	Section 30.  Subsections (3) and (4) of section 101.6921,
1217	Florida Statutes, are amended to read:
1218	101.6921  Delivery of special absentee ballot to certain
1219	first-time voters.--
1220	(3)  The Voter's Certificate shall be in substantially the
1221	following form:
1222
1223	Note: Please Read Instructions Carefully Before Marking Ballot
1224	and Completing Voter's Certificate
1225
1226	VOTER'S CERTIFICATE
1227
1228	I, _____, do solemnly swear or affirm that I am a qualified
1229	and registered voter of _____ County, Florida, and that I have
1230	not and will not vote more than one ballot in this election. I
1231	understand that if I commit or attempt to commit any fraud in
1232	connection with voting, vote a fraudulent ballot, or vote more
1233	than once in an election, I can be convicted of a felony of the
1234	third degree and fined up to $5,000 and/or imprisoned for up to
1235	5 years. I also understand that failure to sign this certificate
1236	and have my signature properly witnessed will invalidate my
1237	ballot. I understand that unless I meet one of the exemptions
1238	below, I must provide a copy of a current and valid
1239	identification as provided in the instruction sheet to the
1240	supervisor of elections in order for my ballot to count.
1241	I further certify that I am exempt from the requirements to
1242	furnish a copy of a current and valid identification with my
1243	ballot because of one or more of the following (check all that
1244	apply):
1245	[ ] I am 65 years of age or older.
1246	[ ] I have a permanent or temporary physical disability.
1247	[ ] I am a member of a uniformed service on active duty
1248	who, by reason of such active duty, will be absent from the
1249	county on election day.
1250	[ ] I am a member of the Merchant Marine who, by reason of
1251	service in the Merchant Marine, will be absent from the county
1252	on election day.
1253	[ ] I am the spouse or dependent of a member of the
1254	uniformed service or Merchant Marine who, by reason of the
1255	active duty or service of the member, will be absent from the
1256	county on election day.
1257	[ ] I am currently residing outside the United States.
1258
1259	...  (Date)  ......  Voter's Signature  ...
1260
1261	Note: Your signature must be witnessed by one witness 18 years
1262	of age or older as provided in the instruction sheet.
1263
1264	I swear or affirm that the voter signed this Voter's Certificate
1265	in my presence.
1266
1267	...  (Signature of Witness)  ...
1268
1269	...  (Address)  ...
1270
1271	...  (City/State)  ...
1272
1273	(4)  The certificate shall be arranged on the back of the
1274	envelope so that the lines for the signature signatures of the
1275	absent elector is and the attesting witness are across the seal
1276	of the envelope.
1277	Section 31.  Subsection (2) of section 101.6923, Florida
1278	Statutes, is amended to read:
1279	101.6923  Special absentee ballot instructions for certain
1280	first-time voters.--
1281	(2)  A voter covered by this section shall be provided with
1282	the following printed instructions with his or her absentee
1283	ballot in substantially the following form:
1284
1285	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1286	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
1287	BALLOT NOT TO COUNT.
1288
1289	1.  In order to ensure that your absentee ballot will be
1290	counted, it should be completed and returned as soon as possible
1291	so that it can reach the supervisor of elections of the county
1292	in which your precinct is located no later than 7 p.m. on the
1293	date of the election.
1294	2.  Mark your ballot in secret as instructed on the ballot.
1295	You must mark your own ballot unless you are unable to do so
1296	because of blindness, disability, or inability to read or write.
1297	3.  Mark only the number of candidates or issue choices for
1298	a race as indicated on the ballot. If you are allowed to "Vote
1299	for One" candidate and you vote for more than one, your vote in
1300	that race will not be counted.
1301	4.  Place your marked ballot in the enclosed secrecy
1302	envelope and seal the envelope.
1303	5.  Insert the secrecy envelope into the enclosed envelope
1304	bearing the Voter's Certificate. Seal the envelope and
1305	completely fill out the Voter's Certificate on the back of the
1306	envelope.
1307	a.  You must sign your name on the line above (Voter's
1308	Signature).
1309	b.  You must have your signature witnessed. Have the
1310	witness sign above (Signature of Witness) and include his or her
1311	address. No candidate may serve as an attesting witness.
1312	b.c.  If you are an overseas voter, you must include the
1313	date you signed the Voter's Certificate on the line above (Date)
1314	or your ballot may not be counted.
1315	6.  Unless you meet one of the exemptions in Item 7., you
1316	must make a copy of one of the following forms of
1317	identification:
1318	a.  Identification which must include your name and
1319	photograph: current and valid Florida driver's license; Florida
1320	identification card issued by the Department of Highway Safety
1321	and Motor Vehicles; United States passport; employee badge or
1322	identification; buyer's club identification card; debit or
1323	credit card; military identification; student identification;
1324	retirement center identification; neighborhood association
1325	identification; entertainment identification; or public
1326	assistance identification; or
1327	b.  Identification which shows your name and current
1328	residence address: current utility bill, bank statement,
1329	government check, paycheck, or government document (excluding
1330	voter identification card).
1331	7.  The identification requirements of Item 6. do not apply
1332	if you meet one of the following requirements:
1333	a.  You are 65 years of age or older.
1334	b.  You have a temporary or permanent physical disability.
1335	c.  You are a member of a uniformed service on active duty
1336	who, by reason of such active duty, will be absent from the
1337	county on election day.
1338	d.  You are a member of the Merchant Marine who, by reason
1339	of service in the Merchant Marine, will be absent from the
1340	county on election day.
1341	e.  You are the spouse or dependent of a member referred to
1342	in paragraph c. or paragraph d. who, by reason of the active
1343	duty or service of the member, will be absent from the county on
1344	election day.
1345	f.  You are currently residing outside the United States.
1346	8.  Place the envelope bearing the Voter's Certificate into
1347	the mailing envelope addressed to the supervisor. Insert a copy
1348	of your identification in the mailing envelope. DO NOT PUT YOUR
1349	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1350	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1351	BALLOT WILL NOT COUNT.
1352	9.  Mail, deliver, or have delivered the completed mailing
1353	envelope. Be sure there is sufficient postage if mailed.
1354	10.  FELONY NOTICE. It is a felony under Florida law to
1355	accept any gift, payment, or gratuity in exchange for your vote
1356	for a candidate. It is also a felony under Florida law to vote
1357	in an election using a false identity or false address, or under
1358	any other circumstances making your ballot false or fraudulent.
1359	Section 32.  Subsection (3) of section 101.694, Florida
1360	Statutes, is amended to read:
1361	101.694  Mailing of ballots upon receipt of federal
1362	postcard application.--
1363	(3)  Absentee envelopes printed for overseas voters shall
1364	meet the specifications as determined by the Division of
1365	Elections in conjunction with the Federal Voting Assistance
1366	Program of the United States Department of Defense and the United
1367	States Postal Service. There shall be printed across the face of
1368	each envelope in which a ballot is sent to a federal postcard
1369	applicant, or is returned by such applicant to the supervisor,
1370	two parallel horizontal red bars, each one-quarter inch wide,
1371	extending from one side of the envelope to the other side, with
1372	an intervening space of one-quarter inch, the top bar to be 11/4
1373	inches from the top of the envelope, and with the words
1374	"Official Election Balloting Material-via Air Mail," or similar
1375	language, between the bars. There shall be printed in the upper
1376	right corner of each such envelope, in a box, the words "Free of
1377	U. S. Postage, including Air Mail." All printing on the face of
1378	each envelope shall be in red, and there shall be printed in red
1379	in the upper left corner of each ballot envelope an appropriate
1380	inscription or blanks for return address of sender. Additional
1381	specifications may be prescribed by rule of the Division of
1382	Elections upon recommendation of the presidential designee under
1383	the Uniformed and Overseas Citizens Absentee Voting Act.
1384	Otherwise, the envelopes shall be the same as those used in
1385	sending ballots to, or receiving them from, other absentee
1386	voters.
1387	Section 33.  Subsection (2) of section 101.6952, Florida
1388	Statutes, is amended to read:
1389	101.6952  Absentee ballots for overseas voters.--
1390	(2)  For absentee ballots received from overseas voters,
1391	there is a presumption that the envelope was mailed on the date
1392	stated and witnessed on the outside of the return envelope,
1393	regardless of the absence of a postmark on the mailed envelope
1394	or the existence of a postmark date that is later than the date
1395	of the election.
1396	Section 34.  Section 101.697, Florida Statutes, is amended
1397	to read:
1398	101.697  Electronic transmission of election
1399	materials.--The Department of State shall adopt rules to
1400	The Department of State shall adopt rules to authorize a
1401	supervisor of elections to accept a request for an absentee
1402	ballot and a voted absentee ballot by facsimile machine or other
1403	electronic means from overseas voters, if the department can be
1404	assured that the security of the transmission of the ballot is
1405	able to be established. The rules must provide that in order to
1406	accept a voted ballot, the verification of the voter must be
1407	established, the security of the transmission must be
1408	established, and each ballot received must be recorded.
1409	Section 35.  Section 102.012, Florida Statutes, is amended
1410	to read:
1411	102.012  Inspectors and clerks to conduct elections.--
1412	(1)  The supervisor of elections of each county, at least
1413	20 days prior to the holding of any election, shall appoint an
1414	two election board boards for each precinct in the county;
1415	however, the supervisor of elections may, in any election,
1416	appoint one election board if the supervisor has reason to
1417	believe that only one is necessary. The clerk shall be in charge
1418	of, and responsible for, seeing that the election board carries
1419	out its duties and responsibilities. Each inspector and each
1420	clerk shall take and subscribe to an oath or affirmation, which
1421	shall be written or printed, to the effect that he or she will
1422	perform the duties of inspector or clerk of election,
1423	respectively, according to law and will endeavor to prevent all
1424	fraud, deceit, or abuse in conducting the election. The oath may
1425	be taken before an officer authorized to administer oaths or
1426	before any of the persons who are to act as inspectors, one of
1427	them to swear the others, and one of the others sworn thus, in
1428	turn, to administer the oath to the one who has not been sworn.
1429	The oaths shall be returned with the poll list and the returns
1430	of the election to the supervisor. In all questions that may
1431	arise before the members of an election board, the decision of a
1432	majority of them shall decide the question. The supervisor of
1433	elections of each county shall be responsible for the attendance
1434	and diligent performance of his or her duties by each clerk and
1435	inspector.
1436	(2)  Each member of the election board shall be able to
1437	read and write the English language and shall be a registered
1438	qualified elector of the county in which the member is appointed
1439	or a person who has preregistered to vote, pursuant to s.
1440	97.041(1)(b), in the county in which the member is appointed. No
1441	election board shall be composed solely of members of one
1442	political party; however, in any primary in which only one party
1443	has candidates appearing on the ballot, all clerks and
1444	inspectors may be of that party. Any person whose name appears
1445	as an opposed candidate for any office shall not be eligible to
1446	serve on an election board.
1447	(3)  The supervisor shall furnish inspectors of election
1448	for each precinct with the registration books divided
1449	alphabetically as will best facilitate the holding of an
1450	election. The supervisor shall also furnish to the inspectors of
1451	election at the polling place at each precinct in the
1452	supervisor's county a sufficient number of forms and blanks for
1453	use on election day.
1454	(4)(a)  The election board of each precinct shall attend
1455	the polling place by 6 a.m. of the day of the election and shall
1456	arrange the furniture, stationery, and voting equipment.
1457	(b)  The An election board shall conduct the voting,
1458	beginning and closing at the time set forth in s. 100.011. If
1459	more than one board has been appointed, the second board shall,
1460	upon the closing of the polls, come on duty and count the votes
1461	cast. In such case, the first board shall turn over to the
1462	second board all closed ballot boxes, registration books, and
1463	other records of the election at the time the boards change. The
1464	second board shall continue counting until the count is complete
1465	or until 7 a.m. the next morning, and, if the count is not
1466	completed at that time, the first board that conducted the
1467	election shall again report for duty and complete the count. The
1468	second board shall turn over to the first board all ballots
1469	counted, all ballots not counted, and all registration books and
1470	other records and shall advise the first board as to what has
1471	transpired in tabulating the results of the election.
1472	(5)  In precincts in which there are more than 1,000
1473	registered electors, the supervisor of elections shall appoint
1474	additional election boards necessary for the election.
1475	(6)  In any precinct in which there are fewer than 300
1476	registered electors, it is not necessary to appoint two election
1477	boards, but one such board will suffice. Such board shall be
1478	composed of at least one inspector and one clerk.
1479	Section 36.  Section 102.071, Florida Statutes, is amended
1480	to read:
1481	102.071  Tabulation of votes and proclamation of results
1482	where ballots are used.--The election board shall post at the
1483	polls, for the benefit of the public, the results of the voting
1484	for each office or other item on the ballot as the count is
1485	completed. Upon completion of all counts in all races, a
1486	certificate triplicate certificates of the results shall be
1487	drawn up by the inspectors and clerk at each precinct upon a
1488	form provided by the supervisor of elections which shall contain
1489	the name of each person voted for, for each office, and the
1490	number of votes cast for each person for such office; and, if
1491	any question is submitted, the certificate shall also contain
1492	the number of votes cast for and against the question. The
1493	certificate shall be signed by the inspectors and clerk, and one
1494	of the certificates shall be delivered without delay by one of
1495	the inspectors, securely sealed, to the supervisor for immediate
1496	publication; the duplicate copy of the certificate shall be
1497	delivered to the county court judge; and the remaining copy
1498	shall be enclosed in the ballot box together with the oaths of
1499	inspectors and clerks. All the ballot boxes, ballots, ballot
1500	stubs, memoranda, and papers of all kinds used in the election
1501	shall also be transmitted, after being sealed by the inspectors,
1502	to with the certificates of result of the election to be filed
1503	in the supervisor's office. Registration books and the poll
1504	lists shall not be placed in the ballot boxes but shall be
1505	returned to the supervisor.
1506	Section 37.  Subsection (3) is added to section 102.111,
1507	Florida Statutes, to read:
1508	102.111  Elections Canvassing Commission.--
1509	(3)  The Elections Canvassing Commission may delegate to
1510	the chief election officer the authority to order recounts
1511	pursuant to ss. 102.141(6) and 102.166.
1512	Section 38.  Subsections (3), (4), (5), (6), and (8) of
1513	section 102.141, Florida Statutes, are amended to read:
1514	102.141  County canvassing board; duties.--
1515	(3)  The canvass, except the canvass of absentee electors'
1516	returns and the canvass of provisional ballots, shall be made
1517	from the returns and certificates of the inspectors as signed
1518	and filed by them with the county court judge and supervisor,
1519	respectively, and the county canvassing board shall not change
1520	the number of votes cast for a candidate, nominee,
1521	constitutional amendment, or other measure submitted to the
1522	electorate of the county, respectively, in any polling place, as
1523	shown by the returns. All returns shall be made to the board on
1524	or before 2 a.m. of the day following any primary, general,
1525	special, or other election. If the returns from any precinct are
1526	missing, if there are any omissions on the returns from any
1527	precinct, or if there is an obvious error on any such returns,
1528	the canvassing board shall order a retabulation recount of the
1529	returns from such precinct. Before canvassing such returns, the
1530	canvassing board shall examine the tabulation of the ballots
1531	cast in such precinct and determine whether the returns
1532	correctly reflect the votes cast. If there is a discrepancy
1533	between the returns and the tabulation of the ballots cast, the
1534	tabulation of the ballots cast shall be presumed correct and
1535	such votes shall be canvassed accordingly.
1536	(4)  The canvassing board shall submit unofficial returns
1537	on forms or formats provided by the division to the Department
1538	of State for each federal, statewide, state, or multicounty
1539	office or ballot measure no later than noon on the second day
1540	after any primary, general, special, or other election. Such
1541	returns shall include the canvass of all ballots as required by
1542	subsection (2).
1543	(5)  If the county canvassing board determines that the
1544	unofficial returns may contain a counting error in which the
1545	vote tabulation system failed to count votes that were properly
1546	marked in accordance with the instructions on the ballot, the
1547	county canvassing board shall:
1548	(a)  Correct the error and retabulate recount the affected
1549	ballots with the vote tabulation system; or
1550	(b)  Request that the Department of State verify the
1551	tabulation software. When the Department of State verifies such
1552	software, the department shall compare the software used to
1553	tabulate the votes with the software filed with the department
1554	pursuant to s. 101.5607 and check the election parameters.
1555	(6)  If the unofficial returns reflect that a candidate for
1556	any office was defeated or eliminated by one-half of a percent
1557	or less of the votes cast for such office, that a candidate for
1558	retention to a judicial office was retained or not retained by
1559	one-half of a percent or less of the votes cast on the question
1560	of retention, or that a measure appearing on the ballot was
1561	approved or rejected by one-half of a percent or less of the
1562	votes cast on such measure, the board responsible for certifying
1563	the results of the vote on such race or measure shall order a
1564	recount of the votes cast with respect to such office or
1565	measure. The county canvassing board is the board responsible
1566	for ordering county and local recounts. The Elections Canvassing
1567	Commission is the board responsible for ordering federal, state,
1568	and multicounty recounts. A recount need not be ordered with
1569	respect to the returns for any office, however, if the candidate
1570	or candidates defeated or eliminated from contention for such
1571	office by one-half of a percent or less of the votes cast for
1572	such office request in writing that a recount not be made.
1573	(a)  In counties with voting systems that use paper
1574	ballots, Each canvassing board responsible for conducting a
1575	recount shall put each marksense ballot through automatic
1576	tabulating equipment and determine whether the returns correctly
1577	reflect the votes cast. If any marksense paper ballot is
1578	physically damaged so that it cannot be properly counted by the
1579	automatic tabulating equipment during the recount, a true
1580	duplicate shall be made of the damaged ballot pursuant to the
1581	procedures in s. 101.5614(5). Immediately before the start of
1582	the recount and after completion of the count, a test of the
1583	tabulating equipment shall be conducted as provided in s.
1584	101.5612. If the test indicates no error, the recount tabulation
1585	of the ballots cast shall be presumed correct and such votes
1586	shall be canvassed accordingly. If an error is detected, the
1587	cause therefor shall be ascertained and corrected and the
1588	recount repeated, as necessary. The canvassing board shall
1589	immediately report the error, along with the cause of the error
1590	and the corrective measures being taken, to the Department of
1591	State. No later than 11 days after the election, the canvassing
1592	board shall file a separate incident report with the Department
1593	of State, detailing the resolution of the matter and identifying
1594	any measures that will avoid a future recurrence of the error.
1595	(b)  In counties with voting systems that do not use paper
1596	ballots, Each canvassing board responsible for conducting a
1597	recount where touchscreen ballots were used shall examine the
1598	counters on the precinct tabulators to ensure that the total of
1599	the returns on the precinct tabulators equals the overall
1600	election return. If there is a discrepancy between the overall
1601	election return and the counters of the precinct tabulators, the
1602	counters of the precinct tabulators shall be presumed correct
1603	and such votes shall be canvassed accordingly.
1604	(c)  The canvassing board shall submit a second set of
1605	unofficial returns on forms or formats provided by the division
1606	to the Department of State for each federal, statewide, state,
1607	or multicounty office or ballot measure no later than noon on
1608	the fourth third day after any election in which a recount was
1609	conducted pursuant to this subsection. If the canvassing board
1610	is unable to complete the recount prescribed in this subsection
1611	by the deadline, the second set of unofficial returns submitted
1612	by the canvassing board shall be identical to the initial
1613	unofficial returns and the submission shall also include a
1614	detailed explanation of why it was unable to timely complete the
1615	recount. However, the canvassing board shall complete the
1616	recount prescribed in this subsection, along with any manual
1617	recount prescribed in s. 102.166, and certify election returns
1618	in accordance with the requirements of this chapter.
1619	(d)  The Department of State shall adopt detailed rules
1620	prescribing additional recount procedures for each certified
1621	voting system, which shall be uniform to the extent practicable.
1622	(8)  At the same time that the official results of an
1623	election are certified to the Department of State, the county
1624	canvassing board shall file a report with the Division of
1625	Elections on the conduct of the election. The report shall
1626	contain information relating to any problems incurred as a
1627	result of equipment malfunctions either at the precinct level or
1628	at a counting location, any difficulties or unusual
1629	circumstances encountered by an election board or the canvassing
1630	board, and any other additional information which the canvassing
1631	board feels should be made a part of the official election
1632	record. Such reports shall be maintained on file in the Division
1633	of Elections and shall be available for public inspection. The
1634	division shall utilize the reports submitted by the canvassing
1635	boards to determine what problems may be likely to occur in
1636	other elections and disseminate such information, along with
1637	possible solutions, to the supervisors of elections.
1638	Section 39.  Section 102.168, Florida Statutes, is amended
1639	to read:
1640	102.168  Contest of election.--
1641	(1)  Except as provided in s. 102.171, the certification of
1642	election or nomination of any person to office, or of the result
1643	on any question submitted by referendum, may be contested in the
1644	circuit court by any unsuccessful candidate for such office or
1645	nomination thereto or by any elector qualified to vote in the
1646	election related to such candidacy, or by any taxpayer,
1647	respectively.
1648	(2)  Such contestant shall file a complaint, together with
1649	the fees prescribed in chapter 28, with the clerk of the circuit
1650	court within 10 days after midnight of the date the last county
1651	canvassing board responsible for certifying the results
1652	officially empowered to canvass the returns certifies the
1653	results of the election being contested.
1654	(3)  The complaint shall set forth the grounds on which the
1655	contestant intends to establish his or her right to such office
1656	or set aside the result of the election on a submitted
1657	referendum. The grounds for contesting an election under this
1658	section are:
1659	(a)  Misconduct, fraud, or corruption on the part of any
1660	election official or any member of the canvassing board
1661	sufficient to change or place in doubt the result of the
1662	election.
1663	(b)  Ineligibility of the successful candidate for the
1664	nomination or office in dispute.
1665	(c)  Receipt of a number of illegal votes or rejection of a
1666	number of legal votes sufficient to change or place in doubt the
1667	result of the election.
1668	(d)  Proof that any elector, election official, or
1669	canvassing board member was given or offered a bribe or reward
1670	in money, property, or any other thing of value for the purpose
1671	of procuring the successful candidate's nomination or election
1672	or determining the result on any question submitted by
1673	referendum.
1674	(4)  The county canvassing board or Elections Canvassing
1675	Commission shall be an indispensable and the proper party
1676	defendant in county and local elections; the Elections
1677	Canvassing Commission shall be an indispensable and proper party
1678	defendant in federal, state, and multicounty races;, and the
1679	successful candidate shall be an indispensable party to any
1680	action brought to contest the election or nomination of a
1681	candidate.
1682	(5)  A statement of the grounds of contest may not be
1683	rejected, nor the proceedings dismissed, by the court for any
1684	want of form if the grounds of contest provided in the statement
1685	are sufficient to clearly inform the defendant of the particular
1686	proceeding or cause for which the nomination or election is
1687	contested.
1688	(6)  A copy of the complaint shall be served upon the
1689	defendant and any other person named therein in the same manner
1690	as in other civil cases under the laws of this state. Within 10
1691	days after the complaint has been served, the defendant must
1692	file an answer admitting or denying the allegations on which the
1693	contestant relies or stating that the defendant has no knowledge
1694	or information concerning the allegations, which shall be deemed
1695	a denial of the allegations, and must state any other defenses,
1696	in law or fact, on which the defendant relies. If an answer is
1697	not filed within the time prescribed, the defendant may not be
1698	granted a hearing in court to assert any claim or objection that
1699	is required by this subsection to be stated in an answer.
1700	(7)  Any candidate, qualified elector, or taxpayer
1701	presenting such a contest to a circuit judge is entitled to an
1702	immediate hearing. However, the court in its discretion may
1703	limit the time to be consumed in taking testimony, with a view
1704	therein to the circumstances of the matter and to the proximity
1705	of any succeeding election.
1706	Section 40.  Subsection (3) of section 105.031, Florida
1707	Statutes, is amended to read:
1708	105.031  Qualification; filing fee; candidate's oath; items
1709	required to be filed.--
1710	(3)  QUALIFYING FEE.--Each candidate qualifying for
1711	election to a judicial office or the office of school board
1712	member, except write-in judicial or school board candidates,
1713	shall, during the time for qualifying, pay to the officer with
1714	whom he or she qualifies a qualifying fee, which shall consist
1715	of a filing fee and an election assessment, or qualify by the
1716	alternative method. The amount of the filing fee is 3 percent of
1717	the annual salary of the office sought. The amount of the
1718	election assessment is 1 percent of the annual salary of the
1719	office sought. The Department of State shall forward all filing
1720	fees to the Department of Revenue for deposit in the Elections
1721	Commission Trust Fund. The supervisor of elections shall forward
1722	all filing fees to the Elections Commission Trust Fund. The
1723	election assessment shall be deposited into the Elections
1724	Commission Trust Fund. The annual salary of the office for
1725	purposes of computing the qualifying fee shall be computed by
1726	multiplying 12 times the monthly salary authorized for such
1727	office as of July 1 immediately preceding the first day of
1728	qualifying. This subsection shall not apply to candidates
1729	qualifying for retention to judicial office.
1730	Section 41.  Effective January 1, 2005, section 105.035,
1731	Florida Statutes, is amended to read:
1732	105.035  Alternative method of qualifying for certain
1733	judicial offices and the office of school board member.--
1734	(1)  A person seeking to qualify for election to the office
1735	of circuit judge or county court judge or the office of school
1736	board member may qualify for election to such office by means of
1737	the petitioning process prescribed in this section. A person
1738	qualifying by this alternative method shall not be required to
1739	pay the qualifying fee required by this chapter. A person using
1740	this petitioning process shall file an oath with the officer
1741	before whom the candidate would qualify for the office stating
1742	that he or she intends to qualify by this alternative method for
1743	the office sought. Such oath shall be filed at any time after
1744	the first Tuesday after the first Monday in January of the year
1745	in which the election is held, but prior to the 21st day
1746	preceding the first day of the qualifying period for the office
1747	sought. The form of such oath shall be prescribed by the
1748	Division of Elections. No signatures shall be obtained until the
1749	person has filed the oath prescribed in this subsection.
1750	(2)  Upon receipt of a written oath from a candidate, the
1751	qualifying officer shall provide The candidate with a petition
1752	format shall be prescribed by the Division of Elections and
1753	shall to be used by the candidate to reproduce petitions for
1754	circulation. If the candidate is running for an office which
1755	will be grouped on the ballot with two or more similar offices
1756	to be filled at the same election, the candidate's petition must
1757	indicate, prior to the obtaining of registered electors'
1758	signatures, for which group or district office the candidate is
1759	running.
1760	(3)  Each candidate for election to a judicial office or
1761	the office of school board member shall obtain the signature of
1762	a number of qualified electors equal to at least 1 percent of
1763	the total number of registered electors of the district,
1764	circuit, county, or other geographic entity represented by the
1765	office sought as shown by the compilation by the Department of
1766	State for the last preceding general election. A separate
1767	petition shall be circulated for each candidate availing himself
1768	or herself of the provisions of this section. No signatures may
1769	be obtained until the candidate has filed the appointment of
1770	campaign treasurer and designation of campaign depository
1771	pursuant to s. 106.021.
1772	(4)(a)  Each candidate seeking to qualify for election to
1773	the office of circuit judge or the office of school board member
1774	from a multicounty school district pursuant to this section
1775	shall file a separate petition from each county from which
1776	signatures are sought. Each petition shall be submitted, prior
1777	to noon of the 28th 21st day preceding the first day of the
1778	qualifying period for the office sought, to the supervisor of
1779	elections of the county for which such petition was circulated.
1780	Each supervisor of elections to whom a petition is submitted
1781	shall check the signatures on the petition to verify their
1782	status as electors of that county and of the geographic area
1783	represented by the office sought. No later than the 7th day
1784	prior to the first date for qualifying, the supervisor shall
1785	certify the number shown as registered electors and submit such
1786	certification to the Division of Elections. The division shall
1787	determine whether the required number of signatures has been
1788	obtained for the name of the candidate to be placed on the
1789	ballot and shall notify the candidate. If the required number of
1790	signatures has been obtained, the candidate shall, during the
1791	time prescribed for qualifying for office, submit a copy of such
1792	notice and file his or her qualifying papers and oath prescribed
1793	in s. 105.031 with the Division of Elections. Upon receipt of
1794	the copy of such notice and qualifying papers, the division
1795	shall certify the name of the candidate to the appropriate
1796	supervisor or supervisors of elections as having qualified for
1797	the office sought.
1798	(b)  Each candidate seeking to qualify for election to the
1799	office of county court judge or the office of school board
1800	member from a single county school district pursuant to this
1801	section shall submit his or her petition, prior to noon of the
1802	28th 21st day preceding the first day of the qualifying period
1803	for the office sought, to the supervisor of elections of the
1804	county for which such petition was circulated. The supervisor
1805	shall check the signatures on the petition to verify their
1806	status as electors of the county and of the geographic area
1807	represented by the office sought. No later than the 7th day
1808	prior to the first date for qualifying, the supervisor shall
1809	determine whether the required number of signatures has been
1810	obtained for the name of the candidate to be placed on the
1811	ballot and shall notify the candidate. If the required number of
1812	signatures has been obtained, the candidate shall, during the
1813	time prescribed for qualifying for office, submit a copy of such
1814	notice and file his or her qualifying papers and oath prescribed
1815	in s. 105.031 with the qualifying officer. Upon receipt of the
1816	copy of such notice and qualifying papers, such candidate shall
1817	be entitled to have his or her name printed on the ballot.
1818	Section 42.  Subsection (18) is added to section 106.011,
1819	Florida Statutes, to read:
1820	106.011  Definitions.--As used in this chapter, the
1821	following terms have the following meanings unless the context
1822	clearly indicates otherwise:
1823	(18)  "Eliminated candidate" means a candidate for elected
1824	office who failed to receive a sufficient number of votes to be
1825	certified as the winner of an election or as a runoff candidate
1826	in an election. Candidates who file a timely contest of an
1827	election as provided for in s. 102.168 shall not be considered
1828	eliminated for the purposes of receiving contributions and
1829	making expenditures solely for the purpose of paying legal fees
1830	and costs associated with the candidate's contest of the
1831	election.
1832	Section 43.  (1)  Subsection (3) of section 106.021,
1833	Florida Statutes, is amended to read:
1834	106.021  Campaign treasurers; deputies; primary and
1835	secondary depositories.--
1836	(3)  Except for independent expenditures, No contribution
1837	or expenditure, including contributions or expenditures of a
1838	candidate or of the candidate's family, shall be directly or
1839	indirectly made or received in furtherance of the candidacy of
1840	any person for nomination or election to political office in the
1841	state or on behalf of any political committee except through the
1842	duly appointed campaign treasurer of the candidate or political
1843	committee, subject to the following exceptions:; however,
1844	(a)  Independent expenditures;
1845	(b)  Reimbursements to a candidate or any other individual
1846	may be reimbursed for expenses incurred in connection with the
1847	campaign or activities of the political committee for travel,
1848	food and beverage, office supplies, and mementos expressing
1849	gratitude to campaign supporters by a check drawn upon the
1850	campaign account and reported pursuant to s. 106.07(4). After
1851	July 1, 2004, the full name and address of each person to whom
1852	the candidate or other individual made payment for which
1853	reimbursement was made by check drawn upon the campaign account
1854	shall be reported pursuant to s. 106.07(4), together with the
1855	purpose of such payment;
1856	(c)  Expenditures made indirectly through a treasurer for
1857	goods or services, such as communications media placement or
1858	procurement services, campaign signs, insurance, or other
1859	expenditures that include multiple integral components as part
1860	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
1861	or
1862	(d)  In addition, Expenditures may be made directly by any
1863	political committee or political party regulated by chapter 103
1864	for obtaining time, space, or services in or by any
1865	communications medium for the purpose of jointly endorsing three
1866	or more candidates, and any such expenditure shall not be
1867	considered a contribution or expenditure to or on behalf of any
1868	such candidates for the purposes of this chapter.
1869	(2)  The amendment to s. 106.021(3)(b), Florida Statutes,
1870	made by this section shall operate retroactively to January 1,
1871	2002.
1872	Section 44.  Section 106.023, Florida Statutes, is amended
1873	to read:
1874	106.023  Statement of candidate.--
1875	(1)  Each candidate must file a statement with the
1876	qualifying officer within 10 days after filing the appointment
1877	of campaign treasurer and designation of campaign depository,
1878	stating that the candidate has read and understands the
1879	requirements of this chapter. Such statement shall be provided
1880	by the filing officer and shall be in substantially the
1881	following form:
1882
1883	STATEMENT OF CANDIDATE
1884
1885	I, _____, candidate for the office of _____, have received,
1886	read, and understand the requirements of Chapter 106, Florida
1887	Statutes.
1888
1889	...  (Signature of candidate)  ......  (Date)  ...
1890
1891	Willful failure to file this form is a violation of ss.
1892	106.19(1)(c) and 106.25(3), F.S.
1893	(2)  The execution and filing of the statement of candidate
1894	does not in and of itself create a presumption that any
1895	violation of this chapter or chapter 104 is a willful violation
1896	as defined in s. 106.37.
1897	Section 45.  Paragraph (a) of subsection (8) of section
1898	106.04, Florida Statutes, is amended to read:
1899	106.04  Committees of continuous existence.--
1900	(8)(a)  Any committee of continuous existence failing to
1901	file a report on the designated due date shall be subject to a
1902	fine. The fine shall be $50 per day for the first 3 days late
1903	and, thereafter, $500 per day for each late day, not to exceed
1904	25 percent of the total receipts or expenditures, whichever is
1905	greater, for the period covered by the late report. The fine
1906	shall be assessed by the filing officer, and the moneys
1907	collected shall be deposited in the General Revenue Elections
1908	Commission Trust Fund. No separate fine shall be assessed for
1909	failure to file a copy of any report required by this section.
1910	Section 46.  Paragraph (a) of subsection (2), paragraph (a)
1911	of subsection (4), and paragraphs (a), (c), and (d) of
1912	subsection (8) of section 106.07, Florida Statutes, are amended
1913	to read:
1914	106.07  Reports; certification and filing.--
1915	(2)(a)  All reports required of a candidate by this section
1916	shall be filed with the officer before whom the candidate is
1917	required by law to qualify. All candidates who file with the
1918	Department of State shall file the original and one copy of
1919	their reports. In addition, a copy of each report for candidates
1920	for other than statewide office who qualify with the Department
1921	of State shall be filed with the supervisor of elections in the
1922	county where the candidate resides. Reports shall be filed not
1923	later than 5 p.m. of the day designated; however, any report
1924	postmarked by the United States Postal Service no later than
1925	midnight of the day designated shall be deemed to have been
1926	filed in a timely manner. Any report received by the filing
1927	officer within 5 days after the designated due date that was
1928	delivered by the United States Postal Service shall be deemed
1929	timely filed unless it has a postmark that indicates that the
1930	report was mailed after the designated due date. A certificate
1931	of mailing obtained from and dated by the United States Postal
1932	Service at the time of mailing, or a receipt from an established
1933	courier company, which bears a date on or before the date on
1934	which the report is due, shall be proof of mailing in a timely
1935	manner. Reports shall contain information of all previously
1936	unreported contributions received and expenditures made as of
1937	the preceding Friday, except that the report filed on the Friday
1938	immediately preceding the election shall contain information of
1939	all previously unreported contributions received and
1940	expenditures made as of the day preceding that designated due
1941	date. All such reports shall be open to public inspection.
1942	(4)(a)  Each report required by this section shall contain:
1943	1.  The full name, address, and occupation, if any of each
1944	person who has made one or more contributions to or for such
1945	committee or candidate within the reporting period, together
1946	with the amount and date of such contributions. For
1947	corporations, the report must provide as clear a description as
1948	practicable of the principal type of business conducted by the
1949	corporation. However, if the contribution is $100 or less or is
1950	from a relative, as defined in s. 112.312, provided that the
1951	relationship is reported, the occupation of the contributor or
1952	the principal type of business need not be listed.
1953	2.  The name and address of each political committee from
1954	which the reporting committee or the candidate received, or to
1955	which the reporting committee or candidate made, any transfer of
1956	funds, together with the amounts and dates of all transfers.
1957	3.  Each loan for campaign purposes to or from any person
1958	or political committee within the reporting period, together
1959	with the full names, addresses, and occupations, and principal
1960	places of business, if any, of the lender and endorsers, if any,
1961	and the date and amount of such loans.
1962	4.  A statement of each contribution, rebate, refund, or
1963	other receipt not otherwise listed under subparagraphs 1.
1964	through 3.
1965	5.  The total sums of all loans, in-kind contributions, and
1966	other receipts by or for such committee or candidate during the
1967	reporting period. The reporting forms shall be designed to
1968	elicit separate totals for in-kind contributions, loans, and
1969	other receipts.
1970	6.  The full name and address of each person to whom
1971	expenditures have been made by or on behalf of the committee or
1972	candidate within the reporting period; the amount, date, and
1973	purpose of each such expenditure; and the name and address of,
1974	and office sought by, each candidate on whose behalf such
1975	expenditure was made. However, expenditures made from the petty
1976	cash fund provided by s. 106.12 need not be reported
1977	individually.
1978	7.  The full name and address of each person to whom an
1979	expenditure for personal services, salary, or reimbursement for
1980	authorized expenses as provided in s. 106.021(3) has been made
1981	and which is not otherwise reported, including the amount, date,
1982	and purpose of such expenditure. However, expenditures made from
1983	the petty cash fund provided for in s. 106.12 need not be
1984	reported individually.
1985	8.  The total amount withdrawn and the total amount spent
1986	for petty cash purposes pursuant to this chapter during the
1987	reporting period.
1988	9.  The total sum of expenditures made by such committee or
1989	candidate during the reporting period.
1990	10.  The amount and nature of debts and obligations owed by
1991	or to the committee or candidate, which relate to the conduct of
1992	any political campaign.
1993	11.  A copy of each credit card statement which shall be
1994	included in the next report following receipt thereof by the
1995	candidate or political committee. Receipts for each credit card
1996	purchase shall be retained by the treasurer with the records for
1997	the campaign account.
1998	12.  The amount and nature of any separate interest-bearing
1999	accounts or certificates of deposit and identification of the
2000	financial institution in which such accounts or certificates of
2001	deposit are located.
2002	13.  The primary purposes of an expenditure made indirectly
2003	through a campaign treasurer pursuant to s. 106.021(3) for goods
2004	and services such as communications media placement or
2005	procurement services, campaign signs, insurance, and other
2006	expenditures that include multiple components as part of the
2007	expenditure. The primary purpose of an expenditure shall be that
2008	purpose, including integral and directly related components,
2009	that comprises 80 percent of such expenditure.
2010	(8)(a)  Any candidate or political committee failing to
2011	file a report on the designated due date shall be subject to a
2012	fine as provided in paragraph (b) for each late day, and, in the
2013	case of a candidate, such fine shall be paid only from personal
2014	funds of the candidate. The fine shall be assessed by the filing
2015	officer and the moneys collected shall be deposited:
2016	1.  In the General Revenue Elections Commission Trust Fund,
2017	in the case of a candidate for state office or a political
2018	committee that registers with the Division of Elections; or
2019	2.  In the general revenue fund of the political
2020	subdivision, in the case of a candidate for an office of a
2021	political subdivision or a political committee that registers
2022	with an officer of a political subdivision.
2023
2024	No separate fine shall be assessed for failure to file a copy of
2025	any report required by this section.
2026	(c)  Any candidate or chair of a political committee may
2027	appeal or dispute the fine, based upon, but not limited to,
2028	unusual circumstances surrounding the failure to file on the
2029	designated due date, and may request and shall be entitled to a
2030	hearing before the Florida Elections Commission, which shall
2031	have the authority to waive the fine in whole or in part. The
2032	Florida Elections Commission must consider the mitigating and
2033	aggravating circumstances contained in s. 106.265(1) when
2034	determining the amount of a fine, if any, to be waived. Any such
2035	request shall be made within 20 days after receipt of the notice
2036	of payment due. In such case, the candidate or chair of the
2037	political committee shall, within the 20-day period, notify the
2038	filing officer in writing of his or her intention to bring the
2039	matter before the commission.
2040	(d)  The appropriate filing officer shall notify the
2041	Florida Elections Commission of the repeated late filing by a
2042	candidate or political committee, the failure of a candidate or
2043	political committee to file a report after notice, or the
2044	failure to pay the fine imposed. The commission shall
2045	investigate only those alleged late filing violations
2046	specifically identified by the filing officer and as set forth
2047	in the notification. Any other alleged violations must be
2048	separately stated and reported by the division to the commission
2049	under s. 106.25(2).
2050	Section 47.  Effective January 1, 2005, paragraph (a) of
2051	subsection (2) of section 106.07, Florida Statutes, as amended
2052	by this act, and paragraph (b) of subsection (2), subsection
2053	(3), and paragraph (b) of subsection (8) of said section, are
2054	amended to read:
2055	106.07  Reports; certification and filing.--
2056	(2)(a)  All reports required of a candidate by this section
2057	shall be filed with the officer before whom the candidate is
2058	required by law to qualify. All candidates who file with the
2059	Department of State shall file the original and one copy of
2060	their reports pursuant to s. 106.0705. In addition, a copy of
2061	each report for candidates for other than statewide office who
2062	qualify with the Department of State shall be filed with the
2063	supervisor of elections in the county where the candidate
2064	resides. Except as provided in s. 106.0705, reports shall be
2065	filed not later than 5 p.m. of the day designated; however, any
2066	report postmarked by the United States Postal Service no later
2067	than midnight of the day designated shall be deemed to have been
2068	filed in a timely manner. Any report received by the filing
2069	officer within 5 days after the designated due date that was
2070	delivered by the United States Postal Service shall be deemed
2071	timely filed unless it has a postmark that indicates that the
2072	report was mailed after the designated due date. A certificate
2073	of mailing obtained from and dated by the United States Postal
2074	Service at the time of mailing, or a receipt from an established
2075	courier company, which bears a date on or before the date on
2076	which the report is due, shall be proof of mailing in a timely
2077	manner. Reports shall contain information of all previously
2078	unreported contributions received and expenditures made as of
2079	the preceding Friday, except that the report filed on the Friday
2080	immediately preceding the election shall contain information of
2081	all previously unreported contributions received and
2082	expenditures made as of the day preceding that designated due
2083	date. All such reports shall be open to public inspection.
2084	(b)1.  Any report which is deemed to be incomplete by the
2085	officer with whom the candidate qualifies shall be accepted on a
2086	conditional basis, and the campaign treasurer shall be notified
2087	by registered mail as to why the report is incomplete and be
2088	given 3 days from receipt of such notice to file an addendum to
2089	the report providing all information necessary to complete the
2090	report in compliance with this section. Failure to file a
2091	complete report after such notice constitutes a violation of
2092	this chapter.
2093	2.  In lieu of the notice by registered mail as required in
2094	subparagraph 1., the qualifying officer may notify the campaign
2095	treasurer by telephone that the report is incomplete and request
2096	the information necessary to complete the report. If, however,
2097	such information is not received by the qualifying officer
2098	within 3 days after of the telephone request therefor, notice
2099	shall be sent by registered mail as provided in subparagraph 1.
2100	(3)  Reports required of a political committee shall be
2101	filed with the agency or officer before whom such committee
2102	registers pursuant to s. 106.03(3) and shall be subject to the
2103	same filing conditions as established for candidates' reports.
2104	Only committees that file with the Department of State shall
2105	file the original and one copy of their reports. Incomplete
2106	reports by political committees shall be treated in the manner
2107	provided for incomplete reports by candidates in subsection (2).
2108	(8)
2109	(b)  Upon determining that a report is late, the filing
2110	officer shall immediately notify the candidate or chair of the
2111	political committee as to the failure to file a report by the
2112	designated due date and that a fine is being assessed for each
2113	late day. The fine shall be $50 per day for the first 3 days
2114	late and, thereafter, $500 per day for each late day, not to
2115	exceed 25 percent of the total receipts or expenditures,
2116	whichever is greater, for the period covered by the late report.
2117	However, for the reports immediately preceding each primary and
2118	general election, the fine shall be $500 per day for each late
2119	day, not to exceed 25 percent of the total receipts or
2120	expenditures, whichever is greater, for the period covered by
2121	the late report. For reports required under s. 106.141(7), the
2122	fine is $50 per day for each late day, not to exceed 25 percent
2123	of the total receipts or expenditures, whichever is greater, for
2124	the period covered by the late report. Upon receipt of the
2125	report, the filing officer shall determine the amount of the
2126	fine which is due and shall notify the candidate or chair. The
2127	filing officer shall determine the amount of the fine due based
2128	upon the earliest of the following:
2129	1.  When the report is actually received by such officer.
2130	2.  When the report is postmarked.
2131	3.  When the certificate of mailing is dated.
2132	4.  When the receipt from an established courier company is
2133	dated.
2134	5.  When the electronic receipt issued pursuant to s.
2135	106.0705 is dated.
2136
2137	Such fine shall be paid to the filing officer within 20 days
2138	after receipt of the notice of payment due, unless appeal is
2139	made to the Florida Elections Commission pursuant to paragraph
2140	(c). In the case of a candidate, such fine shall not be an
2141	allowable campaign expenditure and shall be paid only from
2142	personal funds of the candidate. An officer or member of a
2143	political committee shall not be personally liable for such
2144	fine.
2145	Section 48.  Effective January 1, 2005, section 106.0705,
2146	Florida Statutes, is created to read:
2147	106.0705  Electronic filing of campaign treasurer's
2148	reports.--
2149	(1)  As used in this section, "electronic filing system"
2150	means an Internet system for recording and reporting campaign
2151	finance activity by reporting period.
2152	(2)(a)  Each candidate who is required to file reports
2153	pursuant to s. 106.07 with the division must file such reports
2154	with the division by means of the division's electronic filing
2155	system.
2156	(b)  Each political committee, committee of continuous
2157	existence, or state executive committee that is required to file
2158	reports with the division under s. 106.04, s. 106.07, or s.
2159	106.29, as applicable, must file such reports with the division
2160	by means of the division's electronic filing system.
2161	(c)  Each person or organization that is required to file
2162	reports with the division under s. 106.071 must file such
2163	reports with the division by means of the division's electronic
2164	filing system.
2165	(3)  Reports filed pursuant to this section shall be
2166	completed and filed through the electronic filing system not
2167	later than midnight of the day designated. Reports not filed by
2168	midnight of the day designated are late filed and are subject to
2169	the penalties under s. 106.04(8), s. 106.07(8), or s. 106.29(3),
2170	as applicable.
2171	(4)  Each report filed pursuant to this section is
2172	considered to be under oath by the candidate and treasurer or
2173	the chair and treasurer, whichever is applicable, and such
2174	persons are subject to the provisions of s. 106.04(4)(d), s.
2175	106.07(5), or s. 106.29(2), as applicable. Persons given a
2176	secure sign-on to the electronic filing system are responsible
2177	for protecting such from disclosure and are responsible for all
2178	filings using such credentials, unless they have notified the
2179	division that their credentials have been compromised.
2180	(5)  The electronic filing system developed by the division
2181	must:
2182	(a)  Be based on access by means of the Internet.
2183	(b)  Be accessible by anyone with Internet access using
2184	standard web-browsing software.
2185	(c)  Provide for direct entry of campaign finance
2186	information as well as upload of such information from campaign
2187	finance software certified by the division.
2188	(d)  Provide a method that prevents unauthorized access to
2189	electronic filing system functions.
2190	(6)  The division shall adopt rules pursuant to ss.
2191	120.536(1) and 120.54 to administer this section and provide for
2192	the reports required to be filed pursuant to this section. Such
2193	rules shall, at a minimum, provide:
2194	(a)  Alternate filing procedures in case the division's
2195	electronic filing system is not operable.
2196	(b)  For the issuance of an electronic receipt to the
2197	person submitting the report indicating and verifying that the
2198	report has been filed.
2199	Section 49.  Effective January 1, 2005, section 106.075,
2200	Florida Statutes, is amended to read:
2201	106.075  Elected officials; report of personal loans made
2202	in year preceding election; limitation on contributions to pay
2203	personal loans.--
2204	(1)  A person who is elected to office must report all
2205	personal loans, exceeding $500 in value, made to him or her and
2206	used for campaign purposes, and made in the 12 months preceding
2207	his or her election to office, to the filing officer. The report
2208	must be made, in the manner prescribed by the Department of
2209	State, within 10 days after being elected to office.
2210	(2)  Any person who makes a contribution to an individual
2211	to pay all or part of a personal loan incurred, in the 12 months
2212	preceding the election, to be used for the individual's
2213	campaign, may not contribute more than the amount which is
2214	allowed in s. 106.08(1).
2215	Section 50.  Effective January 1, 2005, paragraph (d) is
2216	added to subsection (5) of section 106.08, Florida Statutes, to
2217	read:
2218	106.08  Contributions; limitations on.--
2219	(5)
2220	(d)  Candidates may not make expenditures from their
2221	campaign accounts for the purpose of receiving or obtaining an
2222	endorsement from any person, group, or organization.
2223	Section 51.  Effective January 1, 2005, subsection (2) of
2224	section 106.087, Florida Statutes, is amended to read:
2225	106.087  Independent expenditures; contribution limits;
2226	restrictions on political parties and, political committees, and
2227	committees of continuous existence.--
2228	(2)(a)  Any political committee or committee of continuous
2229	existence that accepts the use of public funds, equipment,
2230	personnel, or other resources to collect dues from its members
2231	agrees not to make independent expenditures in support of or
2232	opposition to a candidate or elected public official. However,
2233	expenditures may be made for the sole purpose of jointly
2234	endorsing three or more candidates.
2235	(b)  Any political committee or committee of continuous
2236	existence that violates this subsection is liable for a civil
2237	fine of up to $5,000 to be determined by the Florida Elections
2238	Commission or the entire amount of the expenditures, whichever
2239	is greater.
2240	Section 52.  Effective January 1, 2005, section 106.09,
2241	Florida Statutes, is amended to read:
2242	106.09  Cash contributions and contributions contribution
2243	by cashier's check or money order checks.--
2244	(1)  A person may not make or accept a cash contribution or
2245	contribution by means of a cashier's check or money order in
2246	excess of $100.
2247	(2)(a)  Any person who makes or accepts a contribution in
2248	excess of $100 in violation of this section commits a
2249	misdemeanor of the first degree, punishable as provided in s.
2250	775.082 or s. 775.083.
2251	(b)  Any person who knowingly and willfully makes or
2252	accepts a contribution in excess of $5,000 in violation of this
2253	section commits a felony of the third degree, punishable as
2254	provided in s. 775.082, s. 775.083, or s. 775.084.
2255	Section 53.  Effective January 1, 2005, subsection (2) of
2256	section 106.11, Florida Statutes, is amended to read:
2257	106.11  Expenses of and expenditures by candidates and
2258	political committees.--Each candidate and each political
2259	committee which designates a primary campaign depository
2260	pursuant to s. 106.021(1) shall make expenditures from funds on
2261	deposit in such primary campaign depository only in the
2262	following manner, with the exception of expenditures made from
2263	petty cash funds provided by s. 106.12:
2264	(2)(a)  For purposes of this section, debit cards are
2265	considered bank checks, if:
2266	1.  Debit cards are obtained from the same bank that has
2267	been designated as the candidate's or political committee's
2268	primary campaign depository.
2269	2.  Debit cards are issued in the name of the treasurer,
2270	deputy treasurer, or authorized user and state "Campaign Account
2271	of ...  (name of candidate or political committee)  ...."
2272	3.  No more than three debit cards are requested and
2273	issued.
2274	4.  Before a debit card is used, a list of all persons
2275	authorized to use the card is filed with the filing officer
2276	division.
2277	5.  All debit cards issued to a candidate's campaign or a
2278	political committee expire no later than midnight of the last
2279	day of the month of the general election.
2280	6.  The person using the debit card does not receive cash
2281	as part of, or independent of, any transaction for goods or
2282	services.
2283	7.  All receipts for debit card transactions contain:
2284	a.  The last four digits of the debit card number.
2285	b.  The exact amount of the expenditure.
2286	c.  The name of the payee.
2287	d.  The signature of the campaign treasurer, deputy
2288	treasurer, or authorized user.
2289	e.  The exact purpose for which the expenditure is
2290	authorized.
2291
2292	Any information required by this subparagraph but not included
2293	on the debit card transaction receipt may be handwritten on, or
2294	attached to, the receipt by the authorized user before
2295	submission to the treasurer.
2296	(b)  Debit cards are not subject to the requirements of
2297	paragraph (1)(b).
2298	Section 54.  Subsection (6) of section 106.141, Florida
2299	Statutes, is amended to read:
2300	106.141  Disposition of surplus funds by candidates.--
2301	(6)  Prior to disposing of funds pursuant to subsection (4)
2302	or transferring funds into an office account pursuant to
2303	subsection (5), any candidate who filed an oath stating that he
2304	or she was unable to pay the election assessment or fee for
2305	verification of petition signatures without imposing an undue
2306	burden on his or her personal resources or on resources
2307	otherwise available to him or her, or who filed both such oaths,
2308	or who qualified by the alternative method and was not required
2309	to pay an election assessment, shall reimburse the state or
2310	local governmental entity, whichever is applicable, for such
2311	waived assessment or fee or both. Such reimbursement shall be
2312	made first for the cost of petition verification and then, if
2313	funds are remaining, for the amount of the election assessment.
2314	If there are insufficient funds in the account to pay the full
2315	amount of either the assessment or the fee or both, the
2316	remaining funds shall be disbursed in the above manner until no
2317	funds remain. All funds disbursed pursuant to this subsection
2318	shall be remitted to the qualifying officer. Any reimbursement
2319	for petition verification costs which are reimbursable by the
2320	state shall be forwarded by the qualifying officer to the state
2321	for deposit in the General Revenue Fund. All reimbursements for
2322	the amount of the election assessment shall be forwarded by the
2323	qualifying officer to the Department of State for deposit in the
2324	General Revenue Elections Commission Trust Fund.
2325	Section 55.  Subsections (2) and (4) of section 106.25,
2326	Florida Statutes, are amended to read:
2327	106.25  Reports of alleged violations to Florida Elections
2328	Commission; disposition of findings.--
2329	(2)  The commission shall investigate all violations of
2330	this chapter and chapter 104, but only after having received
2331	either a sworn complaint or information reported to it under
2332	this subsection by the Division of Elections. Any person, other
2333	than the division, having information of any violation of this
2334	chapter or chapter 104 shall file a sworn complaint with the
2335	commission. The commission shall investigate only those alleged
2336	violations specifically contained within the sworn complaint. If
2337	any complainant fails to allege all violations that arise from
2338	the facts or allegations alleged in a complaint, the commission
2339	shall be barred from investigating a subsequent complaint from
2340	such complainant that is based upon such facts or allegations
2341	that were raised or could have been raised in the first
2342	complaint. Such sworn complaint shall state whether a complaint
2343	of the same violation has been made to any state attorney.
2344	Within 5 days after receipt of a sworn complaint, the commission
2345	shall transmit a copy of the complaint to the alleged violator.
2346	All sworn complaints alleging violations of the Florida Election
2347	Code over which the commission has jurisdiction shall be filed
2348	with the commission within 2 years after of the alleged
2349	violations. The period of limitations is tolled on the day a
2350	sworn complaint is filed with the commission.
2351	(4)  The commission shall undertake a preliminary
2352	investigation to determine if the facts alleged in a sworn
2353	complaint or a matter initiated by the division constitute
2354	probable cause to believe that a violation has occurred. The
2355	respondent, the complainant, and their respective counsels shall
2356	be permitted to attend the hearing at which the probable cause
2357	determination is made. Notice of the hearing shall be sent to
2358	the respondent and the complainant at least 14 days prior to the
2359	date of the hearing. The respondent and his or her counsel shall
2360	be permitted to make a brief oral statement in the nature of
2361	oral argument to the commission before the probable cause
2362	determination. The commission's determination shall be based
2363	upon the investigator's report, the complaint, and staff
2364	recommendations, as well as any written statements submitted by
2365	the respondent and any oral statements made at the hearing. No
2366	testimony or other evidence shall be accepted at the hearing.
2367	Upon completion of the preliminary investigation, the commission
2368	shall, by written report, find probable cause or no probable
2369	cause to believe that this chapter or chapter 104 has been
2370	violated.
2371	(a)  If no probable cause is found, the commission shall
2372	dismiss the case and the case shall become a matter of public
2373	record, except as otherwise provided in this section, together
2374	with a written statement of the findings of the preliminary
2375	investigation and a summary of the facts which the commission
2376	shall send to the complainant and the alleged violator.
2377	(b)  If probable cause is found, the commission shall so
2378	notify the complainant and the alleged violator in writing. All
2379	documents made or received in the disposition of the complaint
2380	shall become public records upon a finding by the commission.
2381
2382	In a case where probable cause is found, the commission shall
2383	make a preliminary determination to consider the matter or to
2384	refer the matter to the state attorney for the judicial circuit
2385	in which the alleged violation occurred.
2386	Section 56.  Subsection (5) is added to section 106.265,
2387	Florida Statutes, to read:
2388	106.265  Civil penalties.--
2389	(5)  In any case in which the commission determines that a
2390	person has filed a complaint against another person with a
2391	malicious intent to injure the reputation of the person
2392	complained against by filing the complaint with knowledge that
2393	the complaint contains one or more false allegations or with
2394	reckless disregard for whether the complaint contains false
2395	allegations of fact material to a violation of this chapter or
2396	chapter 104, the complainant shall be liable for costs and
2397	reasonable attorney's fees incurred in the defense of the person
2398	complained against, including the costs and reasonable
2399	attorney's fees incurred in proving entitlement to and the
2400	amount of costs and fees. If the complainant fails to pay such
2401	costs and fees voluntarily within 30 days following such finding
2402	by the commission, the commission shall forward such information
2403	to the Department of Legal Affairs, which shall bring a civil
2404	action in a court of competent jurisdiction to recover the
2405	amount of such costs and fees awarded by the commission.
2406	Section 57.  Paragraph (a) of subsection (3) of section
2407	106.29, Florida Statutes, is amended to read:
2408	106.29  Reports by political parties; restrictions on
2409	contributions and expenditures; penalties.--
2410	(3)(a)  Any state or county executive committee failing to
2411	file a report on the designated due date shall be subject to a
2412	fine as provided in paragraph (b) for each late day. The fine
2413	shall be assessed by the filing officer, and the moneys
2414	collected shall be deposited in the General Revenue Elections
2415	Commission Trust Fund.
2416	Section 58.  Effective January 1, 2005, paragraph (b) of
2417	subsection (3) of section 106.29, Florida Statutes, is amended
2418	to read:
2419	106.29  Reports by political parties; restrictions on
2420	contributions and expenditures; penalties.--
2421	(3)
2422	(b)  Upon determining that a report is late, the filing
2423	officer shall immediately notify the chair of the executive
2424	committee as to the failure to file a report by the designated
2425	due date and that a fine is being assessed for each late day.
2426	The fine shall be $1,000 for a state executive committee, and
2427	$50 for a county executive committee, per day for each late day,
2428	not to exceed 25 percent of the total receipts or expenditures,
2429	whichever is greater, for the period covered by the late report.
2430	However, if an executive committee fails to file a report on the
2431	Friday immediately preceding the general election, the fine
2432	shall be $10,000 per day for each day a state executive
2433	committee is late and $500 per day for each day a county
2434	executive committee is late. Upon receipt of the report, the
2435	filing officer shall determine the amount of the fine which is
2436	due and shall notify the chair. The filing officer shall
2437	determine the amount of the fine due based upon the earliest of
2438	the following:
2439	1.  When the report is actually received by such officer.
2440	2.  When the report is postmarked.
2441	3.  When the certificate of mailing is dated.
2442	4.  When the receipt from an established courier company is
2443	dated.
2444	5.  When the electronic receipt issued pursuant to s.
2445	106.0705 is dated.
2446
2447	Such fine shall be paid to the filing officer within 20 days
2448	after receipt of the notice of payment due, unless appeal is
2449	made to the Florida Elections Commission pursuant to paragraph
2450	(c). An officer or member of an executive committee shall not be
2451	personally liable for such fine.
2452	Section 59.  Subsection (1) of section 191.005, Florida
2453	Statutes, is amended to read:
2454	191.005  District boards of commissioners; membership,
2455	officers, meetings.--
2456	(1)(a)  With the exception of districts whose governing
2457	boards are appointed collectively by the Governor, the county
2458	commission, and any cooperating city within the county, the
2459	business affairs of each district shall be conducted and
2460	administered by a five-member board. All three-member boards
2461	existing on the effective date of this act shall be converted to
2462	five-member boards, except those permitted to continue as a
2463	three-member board by special act adopted in 1997 or thereafter.
2464	The board shall be elected in nonpartisan elections by the
2465	electors of the district. Except as provided in this act, such
2466	elections shall be held at the time and in the manner prescribed
2467	by law for holding general elections in accordance with s.
2468	189.405(2)(a) and (3), and each member shall be elected for a
2469	term of 4 years and serve until the member's successor assumes
2470	office. Candidates for the board of a district shall qualify
2471	with the county supervisor of elections in whose jurisdiction
2472	the district is located. If the district is a multicounty
2473	district, candidates shall qualify with the Department of State.
2474	All candidates may qualify by paying a filing fee of $25 or by
2475	obtaining the signatures of at least 25 registered electors of
2476	the district on petition forms provided by the supervisor of
2477	elections which petitions shall be submitted and checked in the
2478	same manner as petitions filed by nonpartisan judicial
2479	candidates pursuant to s. 105.035.
2480	(b)  Each candidate who collects or expends campaign
2481	contributions shall conduct his or her campaign for commissioner
2482	of an independent special fire control district in accordance
2483	with the provisions of chapter 106. However, candidates who
2484	receive no contributions and make no other expenditures except
2485	for petition verification or the $25 filing fee may be exempt
2486	from the provisions of chapter 106 requiring the establishment
2487	of bank accounts and the appointment of campaign treasurers, as
2488	long as they have no opposition. If opposition is confirmed by
2489	the qualifying officer at the close of the qualifying period,
2490	opposed candidates shall open a campaign account, designate a
2491	campaign treasurer within 5 days after the end of qualifying,
2492	and be responsible for all other requirements of chapter 106.
2493	(c)(b)1.  At the next general election following the
2494	effective date of this act, or on or after the effective date of
2495	a special act or general act of local application creating a new
2496	district, the members of the board shall be elected by the
2497	electors of the district in the manner provided in this section.
2498	The office of each member of the board is designated as being a
2499	seat on the board, distinguished from each of the other seats by
2500	a numeral: 1, 2, 3, 4, or 5. The numerical seat designation does
2501	not designate a geographical subdistrict unless such subdistrict
2502	exists on the effective date of this act, in which case the
2503	candidates must reside in the subdistrict, and only electors of
2504	the subdistrict may vote in the election for the member from
2505	that subdistrict. Each candidate for a seat on the board shall
2506	designate, at the time the candidate qualifies, the seat on the
2507	board for which the candidate is qualifying. The name of each
2508	candidate who qualifies for election to a seat on the board
2509	shall be included on the ballot in a way that clearly indicates
2510	the seat for which the candidate is a candidate. The candidate
2511	for each seat who receives the most votes cast for a candidate
2512	for the seat shall be elected to the board.
2513	2.  If, on the effective date of this act, a district
2514	presently in existence elects members of its board, the next
2515	election shall be conducted in accordance with this section, but
2516	this section does not require the early expiration of any
2517	member's term of office by more than 60 days.
2518	3.  If, on the effective date of this act, a district does
2519	not elect the members of its board, the entire board shall be
2520	elected in accordance with this section. However, in the first
2521	election following the effective date of this act, seats 1, 3,
2522	and 5 shall be designated for 4-year terms and seats 2 and 4
2523	shall be designated for 2-year terms.
2524	4.  If, on the effective date of this act, the district has
2525	an elected three-member board, one of the two seats added by
2526	this act shall, for the first election following the effective
2527	date of this act, be designated for a 4-year term and the other
2528	for a 2-year term, unless the terms of the three existing seats
2529	all expire within 6 months of the first election following the
2530	effective date of this act, in which case seats 1, 3, and 5
2531	shall be designated for 4-year terms and seats 2 and 4 shall be
2532	designated for 2-year terms.
2533	5.  If the district has an elected three-member board
2534	designated to remain three members by special act adopted in
2535	1997 or thereafter, the terms of the board members shall be
2536	staggered. In the first election following the effective date of
2537	this act, seats 1 and 3 shall be designated for 4-year terms,
2538	and seat 2 for a 2-year term.
2539	(d)(c)  The board of any district may request the local
2540	legislative delegation that represents the area within the
2541	district to create by special law geographical subdistricts for
2542	board seats. Any board of five members or larger elected on a
2543	subdistrict basis as of the effective date of this act shall
2544	continue to elect board members from such previously designated
2545	subdistricts, and this act shall not require the elimination of
2546	board seats from such boards.
2547	Section 60.  Paragraph (f) of subsection (5) of section
2548	287.057, Florida Statutes, is amended to read:
2549	287.057  Procurement of commodities or contractual
2550	services.--
2551	(5)  When the purchase price of commodities or contractual
2552	services exceeds the threshold amount provided in s. 287.017 for
2553	CATEGORY TWO, no purchase of commodities or contractual services
2554	may be made without receiving competitive sealed bids,
2555	competitive sealed proposals, or competitive sealed replies
2556	unless:
2557	(f)  The following contractual services and commodities are
2558	not subject to the competitive-solicitation requirements of this
2559	section:
2560	1.  Artistic services.
2561	2.  Academic program reviews.
2562	3.  Lectures by individuals.
2563	4.  Auditing services.
2564	5.  Legal services, including attorney, paralegal, expert
2565	witness, appraisal, or mediator services.
2566	6.  Health services involving examination, diagnosis,
2567	treatment, prevention, medical consultation, or administration.
2568	7.  Services provided to persons with mental or physical
2569	disabilities by not-for-profit corporations which have obtained
2570	exemptions under the provisions of s. 501(c)(3) of the United
2571	States Internal Revenue Code or when such services are governed
2572	by the provisions of Office of Management and Budget Circular A-
2573	122. However, in acquiring such services, the agency shall
2574	consider the ability of the vendor, past performance,
2575	willingness to meet time requirements, and price.
2576	8.  Medicaid services delivered to an eligible Medicaid
2577	recipient by a health care provider who has not previously
2578	applied for and received a Medicaid provider number from the
2579	Agency for Health Care Administration. However, this exception
2580	shall be valid for a period not to exceed 90 days after the date
2581	of delivery to the Medicaid recipient and shall not be renewed
2582	by the agency.
2583	9.  Family placement services.
2584	10.  Prevention services related to mental health,
2585	including drug abuse prevention programs, child abuse prevention
2586	programs, and shelters for runaways, operated by not-for-profit
2587	corporations. However, in acquiring such services, the agency
2588	shall consider the ability of the vendor, past performance,
2589	willingness to meet time requirements, and price.
2590	11.  Training and education services provided to injured
2591	employees pursuant to s. 440.49(1).
2592	12.  Contracts entered into pursuant to s. 337.11.
2593	13.  Services or commodities provided by governmental
2594	agencies.
2595	14.  Voter education activities of the Department of State
2596	or the supervisors of elections, either individually or in the
2597	aggregate or with their respective professional associations.
2598	Section 61.  (1)  All electronic and electromechanical
2599	voting systems certified after July 1, 2005, must meet the
2600	requirements of s. 101.56062, Florida Statutes, except paragraph
2601	(1)(d).
2602	(2)  Any purchase of a voting system by any county,
2603	municipality, or the state after July 1, 2004, must include a
2604	contract for future upgrades and sufficient equipment to meet
2605	the requirements of ss. 101.5606 and 101.56062, Florida
2606	Statutes, as amended by this act.
2607	(3)  All electronic and electromechanical voting systems in
2608	use on or after January 1, 2006, must be certified to meet and
2609	be deployed in a configuration which meets the requirements of
2610	ss. 101.5606 and 101.56062, Florida Statutes, as amended by this
2611	act.
2612	Section 62.  Section 22 of chapter 2002-281, Laws of
2613	Florida, is amended to read:
2614	Section 22.  Except as otherwise expressly provided in this
2615	act, sections 4, 5, 6, 8, 9, 10, 11, 14, and 19 of this act
2616	shall take effect January 1, 2005, and section 12 of this act
2617	shall take effect the earlier of January 1, 2006, or one year
2618	after the legislature adopts the general appropriations act
2619	specifically appropriating to the Department of State, for
2620	distribution to the counties, $8.7 million or such other amounts
2621	as it determines and appropriates for the specific purpose of
2622	funding this act.
2623	Section 63.  Sections 98.181, 101.635, 102.061, 106.085,
2624	and 106.144, Florida Statutes, are repealed.
2625	Section 64.  To provide for uniformity of the proceedings,
2626	both the procedural and substantive amendments to the provisions
2627	of chapter 106, Florida Statutes, by this act shall apply to all
2628	cases before the Florida Elections Commission pending on or
2629	filed on or after the effective date of this act.
2630	Section 65.  Except as otherwise provided herein, this act
2631	shall take effect upon becoming a law.

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