Senate Bill sb2086c1

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    Florida Senate - 2005                           CS for SB 2086

    By the Committee on Ethics and Elections; and Senator Posey





    582-2079-05

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.012, F.S.; exempting certain voter-education

  4         activities from requirements for competitive

  5         solicitation; authorizing the Secretary of

  6         State to investigate voter fraud; authorizing

  7         the Department of State to adopt rules;

  8         amending s. 97.021, F.S.; defining the term

  9         "marksense ballots"; defining the terms "early

10         voting area," "early voting site," and

11         "third-party voter registration organization";

12         creating s. 97.029, F.S.; providing for

13         attorney's fees and costs in any action for

14         injunctive relief or an action challenging an

15         election law or voter-registration law;

16         requiring an itemized affidavit; providing for

17         review of an award of attorney's fees and

18         costs; providing a limitation on the amount

19         awarded; amending s. 97.051, F.S.; revising the

20         oath required upon registering to vote;

21         amending s. 97.052, F.S.; revising the contents

22         of the uniform statewide voter registration

23         application; amending s. 97.053, F.S.; revising

24         provisions governing the acceptance of voter

25         registration applications by the supervisor of

26         elections; requiring that an applicant complete

27         a registration application before the date of

28         book closing in order to be eligible to vote in

29         that election; revising the information

30         required on the registration application;

31         amending s. 97.055, F.S.; limiting the updates

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 1         that may be made to registration information

 2         following book closing; creating s. 97.0575,

 3         F.S.; providing requirements for third-party

 4         voter registration organizations that collect

 5         voter-registration applications; providing

 6         fines for failure to deliver applications as

 7         required; authorizing the Division of Elections

 8         to adopt rules to administer provisions

 9         governing third-party voter registration

10         organizations; amending s. 97.071, F.S.;

11         specifying the information to be included on

12         the registration identification card; amending

13         s. 98.045, F.S.; deleting a cross-reference;

14         amending s. 98.077, F.S.; revising the

15         procedures for updating a voter signature used

16         to verify an absentee ballot or provisional

17         ballot; amending s. 99.061, F.S.; providing for

18         qualifying for nomination or election by the

19         petition process; requiring the filing of

20         statements of financial interest; requiring

21         that a qualifying officer accept certain

22         qualifying papers filed before the qualifying

23         period; amending s. 99.063, F.S.; providing

24         filing requirements for public officers;

25         amending s. 99.092, F.S., relating to

26         qualifying fees; clarifying provisions

27         governing qualifying for nomination or election

28         by the petition process to conform to changes

29         made by the act; amending s. 99.095, F.S.;

30         revising the requirements for qualifying as a

31         candidate by a petition process in lieu of

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 1         paying a qualifying fee and party assessment;

 2         providing requirements for submitting petitions

 3         and certifications; requiring that the division

 4         or supervisor of elections, as applicable,

 5         determine whether the required number of

 6         signatures has been obtained; amending s.

 7         99.0955, F.S.; providing procedures for a

 8         candidate having no party affiliation to

 9         qualify by the petition process; amending s.

10         99.096, F.S.; revising the procedures for a

11         minor political party to submit nominated

12         candidates to be on the general election

13         ballot; providing for candidates to qualify by

14         the petition process; amending s. 99.09651,

15         F.S., relating to signature requirements for

16         ballot position; conforming provisions to

17         changes made by the act; amending s. 100.011,

18         F.S.; requiring that an elector in line at the

19         time the polls close be allowed to vote;

20         amending s. 100.101, F.S.; revising the

21         circumstances under which a special election or

22         primary is held; amending s. 100.111, F.S.;

23         revising requirements for filling a vacancy in

24         a nomination; requiring that ballots cast for a

25         former nominee be counted for the person

26         designated to replace the nominee under certain

27         circumstances; amending s. 100.141, F.S.,

28         relating to the notice of a special election;

29         conforming provisions to changes made by the

30         act; amending s. 101.031, F.S.; revising the

31         Voter's Bill of Rights to authorize a

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 1         provisional ballot if a person's identity is in

 2         question; amending s. 101.043, F.S.; revising

 3         the procedures for a voter to provide

 4         identification when voting; amending s.

 5         101.048, F.S.; providing for certain additional

 6         voters to cast provisional ballots; providing

 7         requirements for presenting evidence in support

 8         of a person's right to vote; requiring that the

 9         county canvassing board count such a ballot

10         unless it determines by a preponderance of the

11         evidence that the person was not entitled to

12         vote; requiring that a person casting a

13         provisional ballot be informed of certain

14         rights; amending s. 101.049, F.S.; providing

15         requirements for ballots for persons with

16         disabilities; amending s. 101.051, F.S.;

17         prohibiting certain solicitations to provide

18         assistance to an elector; providing a penalty;

19         authorizing an elector to request that a person

20         other than an election official provide him or

21         her with assistance in voting; providing for

22         the form of the oath to be signed; amending s.

23         101.111, F.S.; revising the requirements for

24         challenging an elector's right to vote;

25         providing a penalty for filing a frivolous

26         challenge; amending s. 101.131, F.S.; revising

27         requirements for poll watchers; authorizing

28         certain political committees to have poll

29         watchers; prohibiting a poll watcher from

30         interacting with a voter; providing for poll

31         watchers at early voting areas; amending s.

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 1         101.151, F.S.; providing requirements for

 2         marksense ballots; amending s. 101.171, F.S.;

 3         requiring that a copy of a proposed

 4         constitutional amendment be available at voting

 5         locations; amending s. 101.294, F.S.;

 6         prohibiting a vendor of voting equipment from

 7         providing systems, components, or system

 8         upgrades to a local governing body or

 9         supervisor of elections which have not been

10         certified by the Division of Elections;

11         requiring that the vendor provide sworn

12         certification of such equipment; amending s.

13         101.295, F.S.; providing a penalty for

14         providing voting equipment in violation of ch.

15         101, F.S.; amending s. 101.49, F.S.; revising

16         the procedures for verifying an elector's

17         signature; amending s. 101.51, F.S.; requiring

18         that an elector occupy a voting booth alone;

19         amending s. 101.5612, F.S.; providing

20         requirements for testing voting equipment;

21         amending s. 101.572, F.S.; requiring that the

22         supervisor of elections notify the candidates

23         if ballots are examined before the end of the

24         contest; amending s. 101.58, F.S.; authorizing

25         employees of the department to have access to

26         the premises, records, equipment, and staff of

27         the supervisors of elections; amending s.

28         101.595, F.S.; requiring that certain overvotes

29         and undervotes be reported to the department;

30         amending s. 101.6103, F.S.; authorizing the

31         canvassing board to begin canvassing before the

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 1         election; prohibiting the release of results

 2         before election day; providing a penalty for

 3         any early release of results; amending s.

 4         101.62, F.S.; revising the requirements for

 5         mailing absentee ballots to voters; amending s.

 6         101.64, F.S.; providing for an oath to be

 7         provided to persons voting absentee under the

 8         Uniformed and Overseas Citizens Absentee Voting

 9         Act; amending s. 101.663, F.S.; providing for

10         certain persons to vote absentee after moving

11         to another state; amending s. 101.68, F.S.;

12         prohibiting changing a voter's certificate

13         after the absentee ballot is received by the

14         supervisor; amending s. 101.69, F.S.;

15         prohibiting a voter from voting another ballot

16         after casting an absentee ballot; providing for

17         a provisional ballot under certain

18         circumstances; amending s. 101.6923, F.S.;

19         providing for the form of the printed

20         instructions on an absentee ballot; amending s.

21         101.694, F.S.; providing requirements for

22         absentee envelopes printed for voters voting

23         under the Uniformed and Overseas Citizens

24         Absentee Voting Act; amending s. 101.697, F.S.;

25         requiring the Department of State to determine

26         whether secure electronic ballots may be

27         provided for overseas voters; requiring that

28         the department adopt rules for accepting

29         overseas ballots; amending s. 102.012, F.S.;

30         requiring the supervisor of elections to

31         appoint an election board before any election;

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 1         providing duties of the board; amending s.

 2         102.014, F.S.; requiring that the Division of

 3         Elections develop a uniform training curriculum

 4         for poll workers; amending s. 102.031, F.S.;

 5         providing requirements for maintaining order at

 6         early voting areas; requiring the designation

 7         of a no-solicitation zone; prohibiting

 8         photography in a polling room or early voting

 9         area; amending s. 102.071, F.S.; revising

10         requirements for tabulating votes; amending s.

11         102.111, F.S.; providing for corrections to be

12         made to the official election returns; amending

13         s. 102.112, F.S.; requiring that a return

14         contain a certification by the canvassing

15         board; authorizing the Department of State to

16         correct typographical errors; amending s.

17         102.141, F.S.; revising requirements for the

18         canvassing boards in submitting returns to the

19         department; providing requirements for the

20         report filed by the canvassing board; requiring

21         the department to adopt rules for filing

22         results and statistical information; amending

23         s. 102.166, F.S.; revising the circumstances

24         under which a manual recount may be ordered;

25         amending s. 102.168, F.S.; requiring that

26         complaints be filed with the board responsible

27         for certifying the election results; specifying

28         the parties to an action who may contest an

29         election or nomination; amending s. 103.021,

30         F.S.; providing for nomination of presidential

31         electors by the state executive committee of

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 1         each political party; defining the term

 2         "national party" for purposes of nominating a

 3         candidate for President and Vice President of

 4         the United States; amending ss. 103.051 and

 5         103.061, F.S.; specifying duties of the

 6         presidential electors; amending s. 103.121,

 7         F.S.; revising powers and duties of executive

 8         committees to conform to changes made by the

 9         act; amending s. 105.031, F.S.; providing for

10         public officers to file a statement of

11         financial interests at the time of qualifying;

12         requiring that a filing officer accept certain

13         qualifying papers filed before the qualifying

14         period; amending s. 105.035, F.S.; revising

15         procedures for qualifying for certain judicial

16         offices and the office of school board member;

17         prohibiting a candidate from obtaining

18         signatures until appointing a campaign

19         treasurer and designating a campaign

20         depository; revising the requirements for the

21         supervisor of elections with respect to

22         certifying signatures; amending s. 106.011,

23         F.S.; redefining the term "expenditure" to

24         include an obligation to make a payment;

25         creating s. 106.022, F.S.; requiring that a

26         political committee, committee of continuous

27         existence, or electioneering communications

28         entity maintain a registered office and

29         registered agent; providing requirements for

30         the statement of appointment; amending s.

31         106.07, F.S.; providing reporting requirements

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 1         for a committee of continuous existence or

 2         other business entities; requiring that

 3         contributions be reported to the Department of

 4         State; revising fines for late filing of

 5         reports; amending s. 106.08, F.S.; restricting

 6         contributions by related entities; amending s.

 7         106.24, F.S.; clarifying the duties of

 8         Secretary of State; amending s. 106.265, F.S.;

 9         providing civil penalties for failure to report

10         contributions or expenditures; amending s.

11         106.141, F.S., relating to the disposition of

12         surplus funds; conforming provisions to changes

13         made by the act; transferring and renumbering

14         s. 98.122, F.S., relating to the use of closed

15         captioning and descriptive narrative in

16         television broadcasts; amending s. 106.22,

17         F.S.; eliminating certain duties of the

18         Division of Elections with respect to reports

19         to the Legislature and preliminary

20         investigations; amending s. 16.56, F.S.;

21         authorizing the Office of Statewide Prosecution

22         to investigate and prosecute crimes involving

23         voter registration, voting, or certain petition

24         activities; amending s. 119.07, F.S.;

25         clarifying requirements of the supervisor of

26         elections with respect to notifying candidates

27         of the inspection of ballots; amending s.

28         145.09, F.S.; requiring that the Department of

29         State adopt rules establishing certification

30         requirements for supervisors of elections;

31         repealing ss. 98.095, 98.0979, 98.181, 98.481,

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 1         101.253, 101.635, 102.061, 106.085, and

 2         106.144, F.S., relating to inspections of

 3         county registers and the voter database,

 4         indexes and records, challenges to elections,

 5         the printing and distribution of ballots,

 6         duties of the election board, expenditures, and

 7         endorsements or opposition by certain groups;

 8         providing for severability; providing effective

 9         dates.

10  

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

12  

13         Section 1.  Section 97.012, Florida Statutes, is

14  amended to read:

15         97.012  Secretary of State as chief election

16  officer.--The Secretary of State is the chief election officer

17  of the state, and it is his or her responsibility to:

18         (1)  Obtain and maintain uniformity in the application,

19  operation, and interpretation of the election laws.

20         (2)  Provide uniform standards for the proper and

21  equitable implementation of the registration laws.

22         (3)  Actively seek out and collect the data and

23  statistics necessary to knowledgeably scrutinize the

24  effectiveness of election laws.

25         (4)  Provide technical assistance to the supervisors of

26  elections on voter education and election personnel training

27  services.

28         (5)  Provide technical assistance to the supervisors of

29  elections on voting systems.

30         (6)  Provide voter education assistance to the public.

31  Voter education activities of the department or of the

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 1  department in combination with the supervisors of elections,

 2  either individually or in the aggregate, or with their

 3  respective professional associations, are not subject to the

 4  competitive-solicitation requirements of s. 287.057(5).

 5         (7)  Coordinate the state's responsibilities under the

 6  National Voter Registration Act of 1993.

 7         (8)  Provide training to all affected state agencies on

 8  the necessary procedures for proper implementation of this

 9  chapter.

10         (9)  Ensure that all registration applications and

11  forms prescribed or approved by the department are in

12  compliance with the Voting Rights Act of 1965 and the National

13  Voter Registration Act of 1993.

14         (10)  Coordinate with the United States Department of

15  Defense so that armed forces recruitment offices administer

16  voter registration in a manner consistent with the procedures

17  set forth in this code for voter registration agencies.

18         (11)  Create and administer maintain a statewide voter

19  registration system as required by the Help America Vote Act

20  of 2002 database.

21         (12)  Maintain a voter fraud hotline and provide

22  election fraud education to the public.

23         (13)  Designate an office within the department to be

24  responsible for providing information regarding voter

25  registration procedures and absentee ballot procedures to

26  absent uniformed services voters and overseas voters.

27         (14)  Conduct preliminary investigations into any

28  irregularities or fraud involving voter registration, voting,

29  or candidate or issue petition activities and report his or

30  her findings to the statewide prosecutor or the state attorney

31  for the judicial circuit in which the alleged violation

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 1  occurred for prosecution, if warranted. The Department of

 2  State may prescribe by rule requirements for filing an

 3  elections-fraud complaint and for investigating any such

 4  complaint.

 5         Section 2.  Subsection (3) and present subsections (24)

 6  and (39) of section 97.021, Florida Statutes, are amended,

 7  present subsections (8) through (33) of that section are

 8  redesignated as subsections (10) through (35), respectively,

 9  present subsections (34) through (39) of that section are

10  redesignated as subsections (37) through (42), respectively,

11  and new subsections (8), (9), and (36) are added to that

12  section, to read:

13         97.021  Definitions.--For the purposes of this code,

14  except where the context clearly indicates otherwise, the

15  term:

16         (3)  "Ballot" or "official ballot" when used in

17  reference to:

18         (a)  "Marksense Paper ballots" means that printed sheet

19  of paper, used in conjunction with an electronic or

20  electromechanical vote tabulation voting system, containing

21  the names of candidates, or a statement of proposed

22  constitutional amendments or other questions or propositions

23  submitted to the electorate at any election, on which sheet of

24  paper an elector casts his or her vote.

25         (b)  "Electronic or electromechanical devices" means a

26  ballot that is voted by the process of electronically

27  designating, including by touchscreen, or marking with a

28  marking device for tabulation by automatic tabulating

29  equipment or data processing equipment.

30         (8)  "Early voting area" means the area designated by

31  the supervisor of elections at an early voting site at which

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 1  early voting activities occur, including, but not limited to,

 2  lines of voters waiting to be processed, the area where voters

 3  check in and are processed, and the area where voters cast

 4  their ballots.

 5         (9)  "Early voting site" means those locations

 6  specified in s. 101.657 and the building in which early voting

 7  occurs.

 8         (26)(24)  "Polling room" means the actual room in which

 9  ballots are cast on election day and during early voting.

10         (36)  "Third-party registration organization" means any

11  person, entity, or organization soliciting or collecting voter

12  registration applications. A third-party voter registration

13  organization does not include:

14         (a)  A person who seeks only to register to vote or

15  collect voter registration applications from that person's

16  spouse, child, or parent; or

17         (b)  A person engaged in registering to vote or

18  collecting voter registration applications as an employee or

19  agent of the division, supervisor of elections, Department of

20  Highway Safety and Motor Vehicles, or a voter registration

21  agency.

22         (42)(39)  "Voting system" means a method of casting and

23  processing votes that functions wholly or partly by use of

24  electromechanical or electronic apparatus or by use of

25  marksense paper ballots and includes, but is not limited to,

26  the procedures for casting and processing votes and the

27  programs, operating manuals, supplies tabulating cards,

28  printouts, and other software necessary for the system's

29  operation.

30         Section 3.  Section 97.029, Florida Statutes, is

31  created to read:

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 1         97.029  Attorney's fees and costs.--

 2         (1)  An award of attorney's fees and costs shall be

 3  made to the prevailing party in any court or administrative

 4  proceeding, including any action for injunctive relief,

 5  challenging the application, interpretation, or

 6  constitutionality of any election law or voter-registration

 7  law.

 8         (2)(a)  The term "attorney's fees and costs" means the

 9  reasonable and necessary attorney's fees and costs incurred

10  for all preparations, motions, hearings, trials, and appeals

11  in a proceeding.

12         (b)  The term "prevailing party" means the party that

13  received a final judgment or order in its favor and such

14  judgment or order has not been reversed on appeal or the time

15  for seeking judicial review of the judgment or order has

16  expired. If an action was voluntarily dismissed or dismissed

17  pursuant to a settlement of the case, there is no prevailing

18  party.

19         (3)  Within 60 days after a party becomes a prevailing

20  party, the attorney for the prevailing party must submit an

21  itemized affidavit to the court that first conducted the

22  adversarial proceeding in the underlying action or, in the

23  case of a proceeding pursuant to chapter 120, to the Division

24  of Administrative Hearings, which shall assign an

25  administrative law judge. The affidavit must detail the nature

26  and extent of the services rendered by the attorney as well as

27  the costs incurred in preparations, motions, hearings, and

28  appeals in the proceeding.

29         (4)  The court, or the administrative law judge in a

30  proceeding under chapter 120, shall promptly conduct an

31  evidentiary hearing on the application for an award of

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 1  attorney's fees and shall issue a judgment or a final order in

 2  a proceeding under chapter 120. The final order of an

 3  administrative law judge is reviewable in accordance with s.

 4  120.68. If the court affirms the award of attorney's fees and

 5  costs in whole or in part, it may award additional attorney's

 6  fees and costs for the appeal.

 7         (5)  A party may not be required to pay an award of

 8  attorney's fees and costs under this section in an amount that

 9  exceeds $200,000.

10         Section 4.  Section 97.051, Florida Statutes, is

11  amended to read:

12         97.051  Oath upon registering.--A person registering to

13  vote must subscribe to the following oath: "I do solemnly

14  swear (or affirm) that I will protect and defend the

15  Constitution of the United States and the Constitution of the

16  State of Florida, that I am qualified to register as an

17  elector under the Constitution and laws of the State of

18  Florida, and that all information provided in this application

19  is true I am a citizen of the United States and a legal

20  resident of Florida."

21         Section 5.  Section 97.052, Florida Statutes, is

22  amended to read:

23         97.052  Uniform statewide voter registration

24  application.--

25         (1)  The department shall prescribe a uniform statewide

26  voter registration application for use in this state.

27         (a)  The uniform statewide voter registration

28  application must be accepted for any one or more of the

29  following purposes:

30         1.  Initial registration.

31         2.  Change of address.

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 1         3.  Change of party affiliation.

 2         4.  Change of name.

 3         5.  Replacement of a voter registration identification

 4  card.

 5         6.  Signature update.

 6         (b)  The department is responsible for printing the

 7  uniform statewide voter registration application and the voter

 8  registration application form prescribed by the Federal

 9  Election Assistance Commission pursuant to federal law the

10  National Voter Registration Act of 1993. The applications and

11  forms must be distributed, upon request, to the following:

12         1.  Individuals seeking to register to vote.

13         2.  Individuals or groups conducting voter registration

14  programs. A charge of 1 cent per application shall be assessed

15  on requests for 10,000 or more applications.

16         3.  The Department of Highway Safety and Motor

17  Vehicles.

18         4.  Voter registration agencies.

19         5.  Armed forces recruitment offices.

20         6.  Qualifying educational institutions.

21         7.  Supervisors, who must make the applications and

22  forms available in the following manner:

23         a.  By distributing the applications and forms in their

24  offices to any individual or group.

25         b.  By distributing the applications and forms at other

26  locations designated by each supervisor.

27         c.  By mailing the applications and forms to applicants

28  upon the request of the applicant.

29         (c)  The uniform statewide voter registration

30  application may be reproduced by any private individual or

31  

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 1  group, provided the reproduced application is in the same

 2  format as the application prescribed under this section.

 3         (2)  The uniform statewide voter registration

 4  application must be designed to elicit the following

 5  information from the applicant:

 6         (a)  Full name.

 7         (b)  Date of birth.

 8         (c)  Address of legal residence.

 9         (d)  Mailing address, if different.

10         (e)  County of legal residence.

11         (f)  Address of property for which the applicant has

12  been granted a homestead exemption, if any.

13         (f)(g)  Race or ethnicity that best describes the

14  applicant:

15         1.  American Indian or Alaskan Native.

16         2.  Asian or Pacific Islander.

17         3.  Black, not Hispanic.

18         4.  White, not Hispanic.

19         5.  Hispanic.

20         (g)(h)  State or country of birth.

21         (h)(i)  Sex.

22         (i)(j)  Party affiliation.

23         (j)(k)  Whether the applicant needs assistance in

24  voting.

25         (k)(l)  Name and address where last registered.

26         (l)(m)  Last four digits of the applicant's social

27  security number.

28         (m)(n)  Florida driver's license number or the

29  identification number from a Florida identification card

30  issued under s. 322.051.

31         (n)(o)  Telephone number (optional).

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 1         (o)(p)  Signature of applicant under penalty for false

 2  swearing pursuant to s. 104.011, by which the person

 3  subscribes to the oath required by s. 3, Art. VI of the State

 4  Constitution and s. 97.051, and swears or affirms that the

 5  information contained in the registration application is true.

 6         (p)(q)  Whether the application is being used for

 7  initial registration, to update a voter registration record,

 8  or to request a replacement registration identification card.

 9         (q)(r)  Whether the applicant is a citizen of the

10  United States by asking the question "Are you a citizen of the

11  United States of America?" and providing boxes for the

12  applicant to check to indicate whether the applicant is or is

13  not a citizen of the United States.

14         (r)(s)  Whether That the applicant has not been

15  convicted of a felony, and or, if convicted, has had his or

16  her civil rights restored by including the statement "I affirm

17  I am not a convicted felon, or if I am, my rights relating to

18  voting have been restored" and providing a box for the

19  applicant to affirm the statement.

20         (s)(t)  Whether That the applicant has not been

21  adjudicated mentally incapacitated with respect to voting or,

22  if so adjudicated, has had his or her right to vote restored

23  by including the statement "I affirm I have not been

24  adjudicated mentally incapacitated with respect to voting or,

25  if I have, my competency has been restored" and providing a

26  box for the applicant to check to affirm the statement.

27  

28  The registration form must be in plain language and designed

29  so that convicted felons whose civil rights have been restored

30  and persons who have been adjudicated mentally incapacitated

31  

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 1  and have had their voting rights restored are not required to

 2  reveal their prior conviction or adjudication.

 3         (3)  The uniform statewide voter registration

 4  application must also contain:

 5         (a)  The oath required by s. 3, Art. VI of the State

 6  Constitution and s. 97.051.

 7         (b)  A statement specifying each eligibility

 8  requirement under s. 97.041.

 9         (c)  The penalties provided in s. 104.011 for false

10  swearing in connection with voter registration.

11         (d)  A statement that, if an applicant declines to

12  register to vote, the fact that the applicant has declined to

13  register will remain confidential and may be used only for

14  voter registration purposes.

15         (e)  A statement that informs the applicant who chooses

16  to register to vote or update a voter registration record that

17  the office at which the applicant submits a voter registration

18  application or updates a voter registration record will remain

19  confidential and may be used only for voter registration

20  purposes.

21         (f)  A statement that informs the applicant that any

22  person who has been granted a homestead exemption in this

23  state, and who registers to vote in any precinct other than

24  the one in which the property for which the homestead

25  exemption has been granted, shall have that information

26  forwarded to the property appraiser where such property is

27  located, which may result in the person's homestead exemption

28  being terminated and the person being subject to assessment of

29  back taxes under s. 193.092, unless the homestead granted the

30  exemption is being maintained as the permanent residence of a

31  

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 1  legal or natural dependent of the owner and the owner resides

 2  elsewhere.

 3         (f)(g)  A statement informing an the applicant who has

 4  not been issued a Florida driver's license, a Florida

 5  identification card, or a social security number that if the

 6  application form is submitted by mail and the applicant is

 7  registering for the first time in Florida, the applicant will

 8  be required to provide identification prior to voting the

 9  first time.

10         (4)  A supervisor may produce a voter registration

11  application that has the supervisor's direct mailing address

12  if the department has reviewed the application and determined

13  that it is substantially the same as the uniform statewide

14  voter registration application.

15         (5)  The voter registration application form prescribed

16  by the Federal Election Assistance Commission pursuant to

17  federal law the National Voter Registration Act of 1993 or the

18  federal postcard application must be accepted as an

19  application for registration in this state if the completed

20  application or postcard application contains the information

21  required by the constitution and laws of this state.

22         Section 6.  Section 97.053, Florida Statutes, is

23  amended to read:

24         97.053  Acceptance of voter registration

25  applications.--

26         (1)  Voter registration applications, changes in

27  registration, and requests for a replacement registration

28  identification card must be accepted in the office of any

29  supervisor, the division, a driver license office, a voter

30  registration agency, or an armed forces recruitment office

31  

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 1  when hand delivered by the applicant or a third party during

 2  the hours that office is open or when mailed.

 3         (2)  A completed voter registration application is

 4  complete and that contains the information necessary to

 5  establish an applicant's eligibility pursuant to s. 97.041

 6  becomes the official voter registration record of that

 7  applicant when all information necessary to establish the

 8  applicant's eligibility pursuant to s. 97.041 is received by

 9  the appropriate supervisor. If the applicant fails to complete

10  his or her voter registration application before the date of

11  book closing for an election, such applicant is not eligible

12  to vote in that election.

13         (3)  The registration date for a valid initial voter

14  registration application that has been hand delivered is the

15  date when received by a driver license office, a voter

16  registration agency, an armed forces recruitment office, the

17  division, or the office of any supervisor in the state.

18         (4)  The registration date for a valid initial voter

19  registration application that has been mailed to a driver

20  license office, a voter registration agency, an armed forces

21  recruitment office, the division, or the office of any

22  supervisor in the state and bears a clear postmark is the date

23  of that the postmark. If an initial voter registration

24  application that has been mailed does not bear a postmark or

25  if the postmark is unclear, the registration date is the date

26  the registration is received by any supervisor or the

27  division, unless it is received within 5 days after the

28  closing of the books for an election, excluding Saturdays,

29  Sundays, and legal holidays, in which case the registration

30  date is the book-closing date.

31  

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 1         (5)(a)  A voter registration application is complete if

 2  it contains the following information necessary to establish

 3  eligibility pursuant to s. 97.041:

 4         1.  The applicant's name.

 5         2.  The applicant's legal residence address.

 6         3.  The applicant's date of birth.

 7         4.  A mark in the checkbox affirming An indication that

 8  the applicant is a citizen of the United States.

 9         5.  The applicant's Florida driver's license number,

10  the identification number from a Florida identification card

11  issued under s. 322.051, or the last four digits of the

12  applicant's social security number.

13         6.  A mark in the checkbox affirming An indication that

14  the applicant has not been convicted of a felony or that, if

15  convicted, has had his or her civil rights restored.

16         7.  A mark in the checkbox affirming An indication that

17  the applicant has not been adjudicated mentally incapacitated

18  with respect to voting or that, if so adjudicated, has had his

19  or her right to vote restored.

20         8.  The original signature of the applicant swearing or

21  affirming under the penalty for false swearing pursuant to s.

22  104.011 that the information contained in the registration

23  application is true and subscribing to the oath required by s.

24  3, Art. VI of the State Constitution and s. 97.051.

25         (b)  An applicant who fails to designate party

26  affiliation must be registered without party affiliation. The

27  supervisor must notify the voter by mail that the voter has

28  been registered without party affiliation and that the voter

29  may change party affiliation as provided in s. 97.1031.

30         Section 7.  Subsection (1) of section 97.055, Florida

31  Statutes, is amended to read:

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 1         97.055  Registration books; when closed for an

 2  election.--

 3         (1)  The registration books must be closed on the 29th

 4  day before each election and must remain closed until after

 5  that election. If an election is called and there are fewer

 6  than 29 days before that election, the registration books must

 7  be closed immediately. When the registration books are closed

 8  for an election, updates to a voter's name, address, and

 9  signature pursuant to ss. 98.077 and 101.045 shall be the only

10  changes permitted for purposes of the upcoming election. Voter

11  registration applications and party changes must be accepted

12  but only for the purpose of subsequent elections. However,

13  party changes received between the book-closing date of the

14  first primary election and the date of the second primary

15  election are not effective until after the second primary

16  election.

17         Section 8.  Section 97.0575, Florida Statutes, is

18  created to read:

19         97.0575  Third-party voter registrations.--

20         (1)  Prior to engaging in any voter-registration

21  activities, a third-party voter registration organization

22  shall name a registered agent in the state and submit to the

23  division, in a form adopted by the division, the name of the

24  registered agent and the name of those individuals responsible

25  for the day-to-day operation of the third-party voter

26  registration organization, including, if applicable, the names

27  of the entity's board of directors, president, vice president,

28  managing partner, or such other individuals engaged in similar

29  duties or functions. On or before the 15th day after the end

30  of each calendar quarter, each third-party voter registration

31  organization shall submit to the division a report providing

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 1  the date and location of any organized voter-registration

 2  drives conducted by the organization in the prior calendar

 3  quarter.

 4         (2)  The failure to submit the information required by

 5  subsection (1) does not subject the third-party voter

 6  registration organization to any civil or criminal penalties

 7  for such failure and the failure to submit such information is

 8  not a basis for denying such third-party voter registration

 9  organization with copies of voter-registration application

10  forms.

11         (3)  A third-party voter registration organization that

12  collects voter-registration applications serves as a fiduciary

13  to the applicant, ensuring that any voter-registration

14  application entrusted to the third-party voter registration

15  organization, irrespective of party affiliation, race,

16  ethnicity, or gender shall be promptly delivered to the

17  division or the supervisor of elections. If a

18  voter-registration application collected by any third-party

19  voter registration organization is not delivered to the

20  division or supervisor of elections, the individual collecting

21  the voter-registration application, the registered agent, and

22  those individuals responsible for the day-to-day operation of

23  the third-party voter registration organization, including, if

24  applicable, the entity's board of directors, president, vice

25  president, managing partner, or such other individuals engaged

26  in similar duties or functions, shall be personally and

27  jointly and severally liable for the following fines:

28         (a)  A fine in the amount of $250 for each application

29  received by the division or the supervisor of elections more

30  than 10 days after the applicant delivered the completed

31  voter-registration application to the third-party voter

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 1  registration organization or any person, entity, or agent

 2  acting on its behalf.

 3         (b)  A fine in the amount of $500 for each application

 4  collected by a third-party voter registration organization or

 5  any person, entity, or agent acting on its behalf, prior to

 6  book closing for any given election for federal or state

 7  office and received by the division or the supervisor of

 8  elections after the book closing deadline for such election.

 9         (c)  A fine in the amount of $5,000 for each

10  application collected by a third-party voter registration

11  organization or any person, entity, or agent acting on its

12  behalf, which is not submitted to the division or supervisor

13  of elections.

14  

15  The fines provided in this subsection shall be reduced by

16  three-fourths in cases in which the third-party voter

17  registration organization has complied with subsection (1).

18         (4)(a)  The division shall adopt by rule a form to

19  elicit specific information concerning the facts and

20  circumstances from a person who claims to have been registered

21  by a third-party voter registration organization but who does

22  not appear as an active voter on the voter-registration rolls.

23         (b)  The division may investigate any violation of this

24  section. Civil fines shall be assessed by the division and

25  enforced through any appropriate legal proceedings.

26         (5)  The date on which an applicant signs a

27  voter-registration application is presumed to be the date on

28  which the third-party voter registration organization received

29  or collected the voter-registration application.

30         (6)  The civil fines provided in this section are in

31  addition to any applicable criminal penalties.

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 1         (7)  Fines collected pursuant to this section shall be

 2  annually appropriated by the Legislature to the department for

 3  enforcement of this section and for voter education.

 4         (8)  The division may adopt rules to administer this

 5  section.

 6         Section 9.  Section 97.071, Florida Statutes, is

 7  amended to read:

 8         97.071  Registration identification card.--

 9         (1)  The supervisor must furnish a registration

10  identification card must be furnished to all voters

11  registering under the permanent single registration system and

12  must contain:

13         (a)  Voter's registration number.

14         (b)  Date of registration.

15         (c)  Full name.

16         (d)  Party affiliation.

17         (e)  Date of birth.

18         (f)  Race or ethnicity, if provided by the applicant.

19         (g)  Sex, if provided by the applicant.

20         (h)  Address of legal residence.

21         (i)  Precinct number.

22         (j)  Name of supervisor.

23         (k)  Place for voter's signature.

24         (l)  Other information deemed necessary by the

25  department.

26         (2)  A voter may receive a replacement of a

27  registration identification card by providing a signed,

28  written request for a replacement card to the supervisor. Upon

29  verification of registration, the supervisor shall issue the

30  voter a duplicate card without charge.

31  

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 1         (3)  In the case of a change of name, address, or party

 2  affiliation, the supervisor must issue the voter a new

 3  registration identification card. However, a registration

 4  identification card indicating a party affiliation change made

 5  between the book-closing date for the first primary election

 6  and the date of the second primary election may not be issued

 7  until after the second primary election.

 8         Section 10.  Subsection (3) of section 98.045, Florida

 9  Statutes, is amended to read:

10         98.045  Administration of voter registration.--

11         (3)  Notwithstanding the provisions of s. ss. 98.095

12  and 98.0977, each supervisor shall maintain for at least 2

13  years, and make available for public inspection and copying,

14  all records concerning implementation of registration list

15  maintenance programs and activities conducted pursuant to ss.

16  98.065, 98.075, and 98.0977. The records must include lists of

17  the name and address of each person to whom an address

18  confirmation final notice was sent and information as to

19  whether each such person responded to the mailing, but may not

20  include any information that is confidential or exempt from

21  public records requirements under this code.

22         Section 11.  Section 98.077, Florida Statutes, is

23  amended to read:

24         98.077  Update of voter signature.--The supervisor of

25  elections shall provide to each registered voter of the county

26  the opportunity to update his or her signature on file at the

27  supervisor's office by providing notification of the ability

28  to do so in any correspondence, other than postcard

29  notifications, sent to the voter.  The notice shall advise

30  when, where, and how to update the signature and shall provide

31  the voter information on how to obtain a form from the

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 1  supervisor that can be returned to update the signature.  In

 2  addition, at least once during each general election year, the

 3  supervisor shall publish in a newspaper of general circulation

 4  or other newspaper in the county deemed appropriate by the

 5  supervisor a notice specifying when, where, or how a voter can

 6  update his or her signature that is on file or how a voter can

 7  obtain a form from the supervisor to do so. All signature

 8  updates for use in verifying absentee and provisional ballots

 9  must be received by the appropriate supervisor of elections no

10  later than 5 p.m. of the fifth day prior to the election. The

11  signature on file at 5 p.m. on the fifth day before the

12  election is the signature that shall be used in verifying the

13  signature on the absentee and provisional ballot certificates.

14         Section 12.  Section 99.061, Florida Statutes, is

15  amended to read:

16         99.061  Method of qualifying for nomination or election

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

18         (1)  The provisions of any special act to the contrary

19  notwithstanding, each person seeking to qualify for nomination

20  or election to a federal, state, or multicounty district

21  office, other than election to a judicial office as defined in

22  chapter 105 or the office of school board member, shall file

23  his or her qualification papers with, and pay the qualifying

24  fee, which shall consist of the filing fee and election

25  assessment, and party assessment, if any has been levied, to,

26  the Department of State, or qualify by the petition process

27  pursuant to s. 99.095 alternative method with the Department

28  of State, at any time after noon of the 1st day for

29  qualifying, which shall be as follows:  the 120th day prior to

30  the first primary, but not later than noon of the 116th day

31  prior to the date of the first primary, for persons seeking to

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 1  qualify for nomination or election to federal office; and noon

 2  of the 50th day prior to the first primary, but not later than

 3  noon of the 46th day prior to the date of the first primary,

 4  for persons seeking to qualify for nomination or election to a

 5  state or multicounty district office.

 6         (2)  The provisions of any special act to the contrary

 7  notwithstanding, each person seeking to qualify for nomination

 8  or election to a county office, or district or special

 9  district office not covered by subsection (1), shall file his

10  or her qualification papers with, and pay the qualifying fee,

11  which shall consist of the filing fee and election assessment,

12  and party assessment, if any has been levied, to, the

13  supervisor of elections of the county, or shall qualify by the

14  petition process pursuant to s. 99.095 alternative method with

15  the supervisor of elections, at any time after noon of the 1st

16  day for qualifying, which shall be the 50th day prior to the

17  first primary or special district election, but not later than

18  noon of the 46th day prior to the date of the first primary or

19  special district election. However, if a special district

20  election is held at the same time as the second primary or

21  general election, qualifying shall be the 50th day prior to

22  the first primary, but not later than noon of the 46th day

23  prior to the date of the first primary. Within 30 days after

24  the closing of qualifying time, the supervisor of elections

25  shall remit to the secretary of the state executive committee

26  of the political party to which the candidate belongs the

27  amount of the filing fee, two-thirds of which shall be used to

28  promote the candidacy of candidates for county offices and the

29  candidacy of members of the Legislature.

30         (3)(a)  Each person seeking to qualify for election to

31  office as a write-in candidate shall file his or her

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 1  qualification papers with the respective qualifying officer at

 2  any time after noon of the 1st day for qualifying, but not

 3  later than noon of the last day of the qualifying period for

 4  the office sought.

 5         (b)  Any person who is seeking election as a write-in

 6  candidate shall not be required to pay a filing fee, election

 7  assessment, or party assessment. A write-in candidate shall

 8  not be entitled to have his or her name printed on any ballot;

 9  however, space for the write-in candidate's name to be written

10  in shall be provided on the general election ballot.  No

11  person may qualify as a write-in candidate if the person has

12  also otherwise qualified for nomination or election to such

13  office.

14         (4)  At the time of qualifying for office, each

15  candidate for a constitutional office shall file a full and

16  public disclosure of financial interests pursuant to s. 8,

17  Art. II of the State Constitution, and a candidate for any

18  other office, including local elective office, shall file a

19  statement of financial interests pursuant to s. 112.3145.

20         (5)  The Department of State shall certify to the

21  supervisor of elections, within 7 days after the closing date

22  for qualifying, the names of all duly qualified candidates for

23  nomination or election who have qualified with the Department

24  of State.

25         (6)  Notwithstanding the qualifying period prescribed

26  in this section, if a candidate has submitted the necessary

27  petitions by the required deadline in order to qualify by the

28  petition process pursuant to s. 99.095 alternative method as a

29  candidate for nomination or election and the candidate is

30  notified after the 5th day prior to the last day for

31  qualifying that the required number of signatures has been

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 1  obtained, the candidate is entitled to subscribe to the

 2  candidate's oath and file the qualifying papers at any time

 3  within 5 days from the date the candidate is notified that the

 4  necessary number of signatures has been obtained.  Any

 5  candidate who qualifies within the time prescribed in this

 6  subsection is entitled to have his or her name printed on the

 7  ballot.

 8         (7)(a)  In order for a candidate to be qualified, the

 9  following items must be received by the filing officer by the

10  end of the qualifying period:

11         1.  A properly executed check drawn upon the

12  candidate's campaign account in an amount not less than the

13  fee required by s. 99.092 or, in lieu thereof, as applicable,

14  the copy of the notice of obtaining ballot position pursuant

15  to s. 99.095 or the undue burden oath authorized pursuant to

16  s. 99.0955 or s. 99.096.  If a candidate's check is returned

17  by the bank for any reason, the filing officer shall

18  immediately notify the candidate and the candidate shall, the

19  end of qualifying notwithstanding, have 48 hours from the time

20  such notification is received, excluding Saturdays, Sundays,

21  and legal holidays, to pay the fee with a cashier's check

22  purchased from funds of the campaign account. Failure to pay

23  the fee as provided in this subparagraph shall disqualify the

24  candidate.

25         2.  The candidate's oath required by s. 99.021, which

26  must contain the name of the candidate as it is to appear on

27  the ballot; the office sought, including the district or group

28  number if applicable; and the signature of the candidate, duly

29  acknowledged.

30         3.  The loyalty oath required by s. 876.05, signed by

31  the candidate and duly acknowledged.

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 1         4.  If the office sought is partisan, the written

 2  statement of political party affiliation required by s.

 3  99.021(1)(b).

 4         5.  The completed form for the appointment of campaign

 5  treasurer and designation of campaign depository, as required

 6  by s. 106.021.

 7         6.  The full and public disclosure or statement of

 8  financial interests required by subsection (4). A public

 9  officer who has filed the full and public disclosure or

10  statement of financial interests with the Commission on Ethics

11  or the supervisor of elections prior to qualifying for office

12  may file a copy of that disclosure at the time of qualifying.

13         (b)  If the filing officer receives qualifying papers

14  that do not include all items as required by paragraph (a)

15  prior to the last day of qualifying, the filing officer shall

16  make a reasonable effort to notify the candidate of the

17  missing or incomplete items and shall inform the candidate

18  that all required items must be received by the close of

19  qualifying.  A candidate's name as it is to appear on the

20  ballot may not be changed after the end of qualifying.

21         (8)  Notwithstanding the qualifying period prescribed

22  in this section, a qualifying office may accept and hold

23  qualifying papers submitted not earlier than 14 days prior to

24  the beginning of the qualifying period, to be processed and

25  filed during the qualifying period.

26         (9)(8)  Notwithstanding the qualifying period

27  prescribed by this section, in each year in which the

28  Legislature apportions the state, the qualifying period for

29  persons seeking to qualify for nomination or election to

30  federal office shall be between noon of the 57th day prior to

31  

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 1  the first primary, but not later than noon of the 53rd day

 2  prior to the first primary.

 3         (10)(9)  The Department of State may prescribe by rule

 4  requirements for filing papers to qualify as a candidate under

 5  this section.

 6         Section 13.  Section 99.063, Florida Statutes, is

 7  amended to read:

 8         99.063  Candidates for Governor and Lieutenant

 9  Governor.--

10         (1)  No later than 5 p.m. of the 9th day following the

11  second primary election, each candidate for Governor shall

12  designate a Lieutenant Governor as a running mate.  Such

13  designation must be made in writing to the Department of

14  State.

15         (2)  No later than 5 p.m. of the 9th day following the

16  second primary election, each designated candidate for

17  Lieutenant Governor shall file with the Department of State:

18         (a)  The candidate's oath required by s. 99.021, which

19  must contain the name of the candidate as it is to appear on

20  the ballot; the office sought; and the signature of the

21  candidate, duly acknowledged.

22         (b)  The loyalty oath required by s. 876.05, signed by

23  the candidate and duly acknowledged.

24         (c)  If the office sought is partisan, the written

25  statement of political party affiliation required by s.

26  99.021(1)(b).

27         (d)  The full and public disclosure of financial

28  interests pursuant to s. 8, Art. II of the State Constitution.

29  A public officer who has filed the full and public disclosure

30  with the Commission on Ethics prior to qualifying for office

31  may file a copy of that disclosure at the time of qualifying.

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 1         (3)  A designated candidate for Lieutenant Governor is

 2  not required to pay a separate qualifying fee or obtain

 3  signatures on petitions. Ballot position obtained by the

 4  candidate for Governor entitles the designated candidate for

 5  Lieutenant Governor, upon receipt by the Department of State

 6  of the qualifying papers required by subsection (2), to have

 7  his or her name placed on the ballot for the joint candidacy.

 8         (4)  In order to have the name of the candidate for

 9  Lieutenant Governor printed on the first or second primary

10  election ballot, a candidate for Governor participating in the

11  primary must designate the candidate for Lieutenant Governor,

12  and the designated candidate must qualify no later than the

13  end of the qualifying period specified in s. 99.061.  If the

14  candidate for Lieutenant Governor has not been designated and

15  has not qualified by the end of the qualifying period

16  specified in s. 99.061, the phrase "Not Yet Designated" must

17  be included in lieu of the candidate's name on primary

18  election ballots and on advance absentee ballots for the

19  general election.

20         (5)  Failure of the Lieutenant Governor candidate to be

21  designated and qualified by the time specified in subsection

22  (2) shall result in forfeiture of ballot position for the

23  candidate for Governor for the general election.

24         Section 14.  Section 99.092, Florida Statutes, is

25  amended to read:

26         99.092  Qualifying fee of candidate; notification of

27  Department of State.--

28         (1)  Each person seeking to qualify for nomination or

29  election to any office, except a person seeking to qualify by

30  the petition process alternative method pursuant to s. 99.095,

31  s. 99.0955, or s. 99.096 and except a person seeking to

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 1  qualify as a write-in candidate, shall pay a qualifying fee,

 2  which shall consist of a filing fee and election assessment,

 3  to the officer with whom the person qualifies, and any party

 4  assessment levied, and shall attach the original or signed

 5  duplicate of the receipt for his or her party assessment or

 6  pay the same, in accordance with the provisions of s. 103.121,

 7  at the time of filing his or her other qualifying papers.  The

 8  amount of the filing fee is 3 percent of the annual salary of

 9  the office.  The amount of the election assessment is 1

10  percent of the annual salary of the office sought.  The

11  election assessment shall be deposited into the Elections

12  Commission Trust Fund.  The amount of the party assessment is

13  2 percent of the annual salary. The annual salary of the

14  office for purposes of computing the filing fee, election

15  assessment, and party assessment shall be computed by

16  multiplying 12 times the monthly salary, excluding any special

17  qualification pay, authorized for such office as of July 1

18  immediately preceding the first day of qualifying.  No

19  qualifying fee shall be returned to the candidate unless the

20  candidate withdraws his or her candidacy before the last date

21  to qualify.  If a candidate dies prior to an election and has

22  not withdrawn his or her candidacy before the last date to

23  qualify, the candidate's qualifying fee shall be returned to

24  his or her designated beneficiary, and, if the filing fee or

25  any portion thereof has been transferred to the political

26  party of the candidate, the Secretary of State shall direct

27  the party to return that portion to the designated beneficiary

28  of the candidate.

29         (2)  The supervisor of elections shall, immediately

30  after the last day for qualifying, submit to the Department of

31  State a list containing the names, party affiliations, and

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 1  addresses of all candidates and the offices for which they

 2  qualified.

 3         Section 15.  Section 99.095, Florida Statutes, is

 4  amended to read:

 5         (Substantial rewording of section. See

 6         s. 99.095, F.S., for present text.)

 7         99.095  Petition process in lieu of a qualifying fee

 8  and party assessment.--

 9         (1)  A person who seeks to qualify as a candidate for

10  any office and who meets the petition requirements of this

11  section is not required to pay the qualifying fee or party

12  assessment required by this chapter.

13         (2)(a)  A candidate shall obtain the number of

14  signatures of voters in the geographical area represented by

15  the office sought equal to at least 1 percent of the total

16  number of registered voters of that geographical area, as

17  shown by the compilation by the department for the last

18  preceding general election. Signatures may not be obtained

19  until the candidate has filed the appointment of campaign

20  treasurer and designation of campaign depository pursuant to

21  s. 106.021.

22         (b)  The format of the petition shall be prescribed by

23  the division and shall be used by candidates to reproduce

24  petitions for circulation. If the candidate is running for an

25  office that requires a group or district designation, the

26  petition must indicate that designation and if it does not,

27  the signatures are not valid. A separate petition is required

28  for each candidate.

29         (3)  Each petition must be submitted before noon of the

30  28th day preceding the first day of the qualifying period for

31  the office sought to the supervisor of elections of the county

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 1  in which such petition was circulated. Each supervisor shall

 2  check the signatures on the petitions to verify their status

 3  as voters in the county, district, or other geographical area

 4  represented by the office sought. No later than the 7th day

 5  before the first day of the qualifying period, the supervisor

 6  shall certify the number of valid signatures.

 7         (4)(a)  Certifications for candidates for federal,

 8  state, or multicounty district office shall be submitted to

 9  the division. The division shall determine whether the

10  required number of signatures has been obtained and shall

11  notify the candidate.

12         (b)  For candidates for county or district office not

13  covered by paragraph (a), the supervisor shall determine

14  whether the required number of signatures has been obtained

15  and shall notify the candidate.

16         (5)  If the required number of signatures has been

17  obtained, the candidate is eligible to qualify pursuant to s.

18  99.061.

19         Section 16.  Section 99.0955, Florida Statutes, is

20  amended to read:

21         99.0955  Candidates with no party affiliation; name on

22  general election ballot.--

23         (1)  Each person seeking to qualify for election as a

24  candidate with no party affiliation shall file his or her

25  qualifying qualification papers and pay the qualifying fee or

26  qualify by the petition process pursuant to s. 99.095

27  alternative method prescribed in subsection (3) with the

28  officer and during the times and under the circumstances

29  prescribed in s. 99.061. Upon qualifying, the candidate is

30  entitled to have his or her name placed on the general

31  election ballot.

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 1         (2)  The qualifying fee for candidates with no party

 2  affiliation shall consist of a filing fee and an election

 3  assessment as prescribed in s. 99.092. The amount of the

 4  filing fee is 3 percent of the annual salary of the office

 5  sought.  The amount of the election assessment is 1 percent of

 6  the annual salary of the office sought.  The election

 7  assessment shall be deposited into the Elections Commission

 8  Trust Fund. Filing fees paid to the Department of State shall

 9  be deposited into the General Revenue Fund of the state.

10  Filing fees paid to the supervisor of elections shall be

11  deposited into the general revenue fund of the county.

12         (3)(a)  A candidate with no party affiliation may, in

13  lieu of paying the qualifying fee, qualify for office by the

14  alternative method prescribed in this subsection.  A candidate

15  using this petitioning process shall file an oath with the

16  officer before whom the candidate would qualify for the office

17  stating that he or she intends to qualify by this alternative

18  method.  If the person is running for an office that requires

19  a group or district designation, the candidate must indicate

20  the designation in his or her oath.  The oath shall be filed

21  at any time after the first Tuesday after the first Monday in

22  January of the year in which the election is held, but before

23  the 21st day preceding the first day of the qualifying period

24  for the office sought.  The Department of State shall

25  prescribe the form to be used in administering and filing the

26  oath.  Signatures may not be obtained by a candidate on any

27  petition until the candidate has filed the oath required in

28  this subsection. Upon receipt of the written oath from a

29  candidate, the qualifying officer shall provide the candidate

30  with petition forms in sufficient numbers to facilitate the

31  gathering of signatures.  If the candidate is running for an

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 1  office that requires a group or district designation, the

 2  petition must indicate that designation or the signatures

 3  obtained on the petition will not be counted.

 4         (b)  A candidate shall obtain the signatures of a

 5  number of qualified electors in the geographical entity

 6  represented by the office sought equal to 1 percent of the

 7  registered electors of the geographical entity represented by

 8  the office sought, as shown by the compilation by the

 9  Department of State for the preceding general election.

10         (c)  Each petition must be submitted before noon of the

11  21st day preceding the first day of the qualifying period for

12  the office sought, to the supervisor of elections of the

13  county for which such petition was circulated. Each supervisor

14  to whom a petition is submitted shall check the signatures on

15  the petition to verify their status as electors in the county,

16  district, or other geographical entity represented by the

17  office sought.  Before the first day for qualifying, the

18  supervisor shall certify the number shown as registered

19  electors.

20         (d)1.  Certifications for candidates for federal,

21  state, or multicounty district office shall be submitted to

22  the Department of State. The Department of State shall

23  determine whether the required number of signatures has been

24  obtained for the name of the candidate to be placed on the

25  ballot and shall notify the candidate.

26         2.  For candidates for county or district office not

27  covered by subparagraph 1., the supervisor of elections shall

28  determine whether the required number of signatures has been

29  obtained for the name of the candidate to be placed on the

30  ballot and shall notify the candidate.

31  

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 1         (e)  If the required number of signatures has been

 2  obtained, the candidate shall, during the time prescribed for

 3  qualifying for office, submit a copy of the notice received

 4  under paragraph (d) and file his or her qualifying papers and

 5  the oath prescribed by s. 99.021 with the qualifying officer.

 6         Section 17.  Section 99.096, Florida Statutes, is

 7  amended to read:

 8         99.096  Minor political party candidates; names on

 9  ballot.--

10         (1)  The executive committee of a minor political party

11  shall, No later than noon of the third day prior to the first

12  day of the qualifying period prescribed for federal

13  candidates, the executive committee of a minor political party

14  shall submit to the Department of State a list of federal

15  candidates nominated by the party to be on the general

16  election ballot. and No later than noon of the third day prior

17  to the first day of the qualifying period for state

18  candidates, the executive committee of a minor political party

19  shall submit to the filing officer for each of the candidates

20  submit to the Department of State the official list of the

21  state, multi-county, and county respective candidates

22  nominated by that party to be on the ballot in the general

23  election. The Department of State shall notify the appropriate

24  supervisors of elections of the name of each minor party

25  candidate eligible to qualify before such supervisor. The

26  official list of nominated candidates may not be changed by

27  the party after having been filed with the filing officers

28  Department of State, except that candidates who have qualified

29  may withdraw from the ballot pursuant to the provisions of

30  this code, and vacancies in nominations may be filled pursuant

31  to s. 100.111.

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 1         (2)  Each person seeking to qualify for election as a

 2  candidate of a minor political party shall file his or her

 3  qualifying qualification papers with, and pay the qualifying

 4  fee and, if one has been levied, the party assessment, or

 5  qualify by the petition process pursuant to s. 99.095

 6  alternative method prescribed in subsection (3), with the

 7  officer and at the times and under the circumstances provided

 8  in s. 99.061.

 9         (3)(a)  A minor party candidate may, in lieu of paying

10  the qualifying fee and party assessment, qualify for office by

11  the alternative method prescribed in this subsection.  A

12  candidate using this petitioning process shall file an oath

13  with the officer before whom the candidate would qualify for

14  the office stating that he or she intends to qualify by this

15  alternative method.  If the person is running for an office

16  that requires a group or district designation, the candidate

17  must indicate the designation in his or her oath.  The oath

18  must be filed at any time after the first Tuesday after the

19  first Monday in January of the year in which the election is

20  held, but before the 21st day preceding the first day of the

21  qualifying period for the office sought.  The Department of

22  State shall prescribe the form to be used in administering and

23  filing the oath.  Signatures may not be obtained by a

24  candidate on any petition until the candidate has filed the

25  oath required in this section.  Upon receipt of the written

26  oath from a candidate, the qualifying officer shall provide

27  the candidate with petition forms in sufficient numbers to

28  facilitate the gathering of signatures.  If the candidate is

29  running for an office that requires a group or district

30  designation, the petition must indicate that designation or

31  the signatures on such petition will not be counted.

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 1         (b)  A candidate shall obtain the signatures of a

 2  number of qualified electors in the geographical entity

 3  represented by the office sought equal to 1 percent of the

 4  registered electors in the geographical entity represented by

 5  the office sought, as shown by the compilation by the

 6  Department of State for the last preceding general election.

 7         (c)  Each petition shall be submitted prior to noon of

 8  the 21st day preceding the first day of the qualifying period

 9  for the office sought to the supervisor of elections of the

10  county for which the petition was circulated. Each supervisor

11  to whom a petition is submitted shall check the signatures on

12  the petition to verify their status as electors in the county,

13  district, or other geographical entity represented by the

14  office sought.  Before the first day for qualifying, the

15  supervisor shall certify the number shown as registered

16  electors.

17         (d)1.  Certifications for candidates for federal,

18  state, or multicounty district office shall be submitted to

19  the Department of State. The Department of State shall

20  determine whether the required number of signatures has been

21  obtained for the name of the candidate to be placed on the

22  ballot and shall notify the candidate.

23         2.  For candidates for county or district office not

24  covered by subparagraph 1., the supervisor of elections shall

25  determine whether the required number of signatures has been

26  obtained for the name of the candidate to be placed on the

27  ballot and shall notify the candidate.

28         (e)  If the required number of signatures has been

29  obtained, the candidate shall, during the prescribed time for

30  qualifying for office, submit a copy of the notice received

31  

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 1  under paragraph (d) and file his or her qualifying papers and

 2  the oath prescribed by s. 99.021 with the qualifying officer.

 3         (4)  A minor party candidate whose name has been

 4  submitted pursuant to subsection (1) and who has qualified for

 5  office is entitled to have his or her name placed on the

 6  general election ballot.

 7         Section 18.  Subsection (1) of section 99.09651,

 8  Florida Statutes, is amended to read:

 9         99.09651  Signature requirements for ballot position in

10  year of apportionment.--

11         (1)  In a year of apportionment, any candidate for

12  representative to Congress, state Senate, or state House of

13  Representatives seeking ballot position by the petition

14  process alternative method prescribed in s. 99.095, s.

15  99.0955, or s. 99.096 shall obtain at least the number of

16  signatures equal to one-third of 1 percent of the ideal

17  population for the district of the office being sought.

18         Section 19.  Subsection (1) of section 100.011, Florida

19  Statutes, is amended to read:

20         100.011  Opening and closing of polls, all elections;

21  expenses.--

22         (1)  The polls shall be open at the voting places at

23  7:00 a.m., on the day of the election, and shall be kept open

24  until 7:00 p.m., of the same day, and the time shall be

25  regulated by the customary time in standard use in the county

26  seat of the locality.  The inspectors shall make public

27  proclamation of the opening and closing of the polls.  During

28  the election and canvass of the votes, the ballot box shall

29  not be concealed. Any elector who is in line at the time of

30  the official closing of the polls shall be allowed to cast a

31  vote in the election.

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 1         Section 20.  Section 100.101, Florida Statutes, is

 2  amended to read:

 3         100.101  Special elections and special primary

 4  elections.--Except as provided in s. 100.111(2), a special

 5  election or special primary election shall be held in the

 6  following cases:

 7         (1)  If no person has been elected at a general

 8  election to fill an office which was required to be filled by

 9  election at such general election.

10         (2)  If a vacancy occurs in the office of state senator

11  or member of the state house of representatives.

12         (3)  If it is necessary to elect presidential electors,

13  by reason of the offices of President and Vice President both

14  having become vacant.

15         (4)  If a vacancy occurs in the office of member from

16  Florida of the House of Representatives of Congress.

17         (5)  If a vacancy occurs in nomination.

18         Section 21.  Section 100.111, Florida Statutes, is

19  amended to read:

20         100.111  Filling vacancy.--

21         (1)(a)  If any vacancy occurs in any office which is

22  required to be filled pursuant to s. 1(f), Art. IV of the

23  State Constitution and the remainder of the term of such

24  office is 28 months or longer, then at the next general

25  election a person shall be elected to fill the unexpired

26  portion of such term, commencing on the first Tuesday after

27  the first Monday following such general election.

28         (b)  If such a vacancy occurs prior to the first day

29  set by law for qualifying for election to office at such

30  general election, any person seeking nomination or election to

31  the unexpired portion of the term shall qualify within the

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 1  time prescribed by law for qualifying for other offices to be

 2  filled by election at such general election.

 3         (c)  If such a vacancy occurs prior to the first

 4  primary but on or after the first day set by law for

 5  qualifying, the Secretary of State shall set dates for

 6  qualifying for the unexpired portion of the term of such

 7  office. Any person seeking nomination or election to the

 8  unexpired portion of the term shall qualify within the time

 9  set by the Secretary of State.  If time does not permit party

10  nominations to be made in conjunction with the first and

11  second primary elections, the Governor may call a special

12  primary election, and, if necessary, a second special primary

13  election, to select party nominees for the unexpired portion

14  of such term.

15         (2)(a)  If, in any state or county office required to

16  be filled by election, a vacancy occurs during an election

17  year by reason of the incumbent having qualified as a

18  candidate for federal office pursuant to s. 99.061, no special

19  election is required. Any person seeking nomination or

20  election to the office so vacated shall qualify within the

21  time prescribed by s. 99.061 for qualifying for state or

22  county offices to be filled by election.

23         (b)  If such a vacancy occurs in an election year other

24  than the one immediately preceding expiration of the present

25  term, the Secretary of State shall notify the supervisor of

26  elections in each county served by the office that a vacancy

27  has been created. Such notice shall be provided to the

28  supervisor of elections not later than the close of the first

29  day set for qualifying for state or county office.  The

30  supervisor shall provide public notice of the vacancy in any

31  manner the Secretary of State deems appropriate.

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 1         (3)  Whenever there is a vacancy for which a special

 2  election is required pursuant to s. 100.101 s. 100.101(1)-(4),

 3  the Governor, after consultation with the Secretary of State,

 4  shall fix the date of a special first primary election, a

 5  special second primary election, and a special election.

 6  Nominees of political parties other than minor political

 7  parties shall be chosen under the primary laws of this state

 8  in the special primary elections to become candidates in the

 9  special election.  Prior to setting the special election

10  dates, the Governor shall consider any upcoming elections in

11  the jurisdiction where the special election will be held.  The

12  dates fixed by the Governor shall be specific days certain and

13  shall not be established by the happening of a condition or

14  stated in the alternative.  The dates fixed shall provide a

15  minimum of 2 weeks between each election.  In the event a

16  vacancy occurs in the office of state senator or member of the

17  House of Representatives when the Legislature is in regular

18  legislative session, the minimum times prescribed by this

19  subsection may be waived upon concurrence of the Governor, the

20  Speaker of the House of Representatives, and the President of

21  the Senate.  If a vacancy occurs in the office of state

22  senator and no session of the Legislature is scheduled to be

23  held prior to the next general election, the Governor may fix

24  the dates for any special primary and for the special election

25  to coincide with the dates of the first and second primary and

26  general election.  If a vacancy in office occurs in any

27  district in the state Senate or House of Representatives or in

28  any congressional district, and no session of the Legislature,

29  or session of Congress if the vacancy is in a congressional

30  district, is scheduled to be held during the unexpired portion

31  

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 1  of the term, the Governor is not required to call a special

 2  election to fill such vacancy.

 3         (a)  The dates for candidates to qualify in such

 4  special election or special primary election shall be fixed by

 5  the Department of State, and candidates shall qualify not

 6  later than noon of the last day so fixed.  The dates fixed for

 7  qualifying shall allow a minimum of 14 days between the last

 8  day of qualifying and the special first primary election.

 9         (b)  The filing of campaign expense statements by

10  candidates in such special elections or special primaries and

11  by committees making contributions or expenditures to

12  influence the results of such special primaries or special

13  elections shall be not later than such dates as shall be fixed

14  by the Department of State, and in fixing such dates the

15  Department of State shall take into consideration and be

16  governed by the practical time limitations.

17         (c)  The dates for a candidate to qualify by the

18  petition process pursuant to s. 99.095 alternative method in

19  such special primary or special election shall be fixed by the

20  Department of State.  In fixing such dates the Department of

21  State shall take into consideration and be governed by the

22  practical time limitations. Any candidate seeking to qualify

23  by the petition process alternative method in a special

24  primary election shall obtain 25 percent of the signatures

25  required by s. 99.095, s. 99.0955, or s. 99.096, as

26  applicable.

27         (d)  The qualifying fees and party assessments of such

28  candidates as may qualify shall be the same as collected for

29  the same office at the last previous primary for that office.

30  The party assessment shall be paid to the appropriate

31  

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 1  executive committee of the political party to which the

 2  candidate belongs.

 3         (e)  Each county canvassing board shall make as speedy

 4  a return of the result of such special elections and primaries

 5  as time will permit, and the Elections Canvassing Commission

 6  likewise shall make as speedy a canvass and declaration of the

 7  nominees as time will permit.

 8         (4)(a)  In the event that death, resignation,

 9  withdrawal, removal, or any other cause or event should cause

10  a party to have a vacancy in nomination which leaves no

11  candidate for an office from such party, the Governor shall,

12  after conferring with the Secretary of State, call a special

13  primary election and, if necessary, a second special primary

14  election to select for such office a nominee of such political

15  party.  The dates on which candidates may qualify for such

16  special primary election shall be fixed by the Department of

17  State, and the candidates shall qualify no later than noon of

18  the last day so fixed. The filing of campaign expense

19  statements by candidates in special primaries shall not be

20  later than such dates as shall be fixed by the Department of

21  State.  In fixing such dates, the Department of State shall

22  take into consideration and be governed by the practical time

23  limitations.  The qualifying fees and party assessment of such

24  candidates as may qualify shall be the same as collected for

25  the same office at the last previous primary for that office.

26  Each county canvassing board shall make as speedy a return of

27  the results of such primaries as time will permit, and the

28  Elections Canvassing Commission shall likewise make as speedy

29  a canvass and declaration of the nominees as time will permit.

30         (b)  If the vacancy in nomination occurs later than

31  September 15, or if the vacancy in nomination occurs with

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 1  respect to a candidate of a minor political party which has

 2  obtained a position on the ballot, no special primary election

 3  shall be held and the Department of State shall notify the

 4  chair of the appropriate state, district, or county political

 5  party executive committee of such party; and, within 5 7 days,

 6  the chair shall call a meeting of his or her executive

 7  committee to consider designation of a nominee to fill the

 8  vacancy.  The name of any person so designated shall be

 9  submitted to the Department of State within 7 14 days after of

10  notice to the chair in order that the person designated may

11  have his or her name printed or otherwise placed on the ballot

12  of the ensuing general election. When the name of the new

13  nominee is submitted after the certification of results of the

14  preceding primary election, however, the ballots may not be

15  changed and, but in no event shall the supervisor of elections

16  be required to place on a ballot a name submitted less than 21

17  days prior to the election.  If the vacancy occurs less than

18  21 days prior to the election, the person designated by the

19  political party will replace the former party nominee even

20  though the former party nominee's name shall appear will be on

21  the ballot.  Any ballots cast for the former party nominee

22  will be counted for the person designated by the political

23  party to replace the former party nominee.  If there is no

24  opposition to the party nominee, the person designated by the

25  political party to replace the former party nominee will be

26  elected to office at the general election. For purposes of

27  this paragraph, the term "district political party executive

28  committee" means the members of the state executive committee

29  of a political party from those counties comprising the area

30  involving a district office.

31  

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 1         (b)(c)  When, under the circumstances set forth in the

 2  preceding paragraph, vacancies in nomination are required to

 3  be filled by committee nominations, such vacancies shall be

 4  filled by party rule.  In any instance in which a nominee is

 5  selected by a committee to fill a vacancy in nomination, such

 6  nominee shall pay the same filing fee and take the same oath

 7  as the nominee would have taken had he or she regularly

 8  qualified for election to such office.

 9         (d)  Any person who, at the close of qualifying as

10  prescribed in ss. 99.061 and 105.031, was qualified for

11  nomination or election to or retention in a public office to

12  be filled at the ensuing general election is prohibited from

13  qualifying as a candidate to fill a vacancy in nomination for

14  any other office to be filled at that general election, even

15  if such person has withdrawn or been eliminated as a candidate

16  for the original office sought. However, this paragraph does

17  not apply to a candidate for the office of Lieutenant Governor

18  who applies to fill a vacancy in nomination for the office of

19  Governor on the same ticket or to a person who has withdrawn

20  or been eliminated as a candidate and who is subsequently

21  designated as a candidate for Lieutenant Governor under s.

22  99.063.

23         (5)  In the event of unforeseeable circumstances not

24  contemplated in these general election laws concerning the

25  calling and holding of special primary elections and special

26  elections resulting from court order or other unpredictable

27  circumstances, the Department of State shall have the

28  authority to provide for the conduct of orderly elections.

29         (6)  In the event that a vacancy occurs which leaves

30  less than 4 weeks for a candidate seeking to qualify by the

31  alternative method to gather signatures for ballot position,

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 1  the number of signatures required for ballot placement shall

 2  be 25 percent of the number of signatures required by s.

 3  99.095, s. 99.0955, or s. 99.096, whichever is applicable.

 4         Section 22.  Section 100.141, Florida Statutes, is

 5  amended to read:

 6         100.141  Notice of special election to fill any vacancy

 7  in office or nomination.--

 8         (1)  Whenever a special election is required to fill

 9  any vacancy in office or nomination, the Governor, after

10  consultation with the Secretary of State, shall issue an order

11  declaring on what day the election shall be held and deliver

12  the order to the Department of State.

13         (2)  The Department of State shall prepare a notice

14  stating what offices and vacancies are to be filled in the

15  special election, the date set for each special primary

16  election and the special election, the dates fixed for

17  qualifying for office, the dates fixed for qualifying by the

18  petition process pursuant to s. 99.095 alternative method, and

19  the dates fixed for filing campaign expense statements.

20         (3)  The department shall deliver a copy of such notice

21  to the supervisor of elections of each county in which the

22  special election is to be held.  The supervisor shall have the

23  notice published two times in a newspaper of general

24  circulation in the county at least 10 days prior to the first

25  day set for qualifying for office.  If such a newspaper is not

26  published within the period set forth, the supervisor shall

27  post at least five copies of the notice in conspicuous places

28  in the county not less than 10 days prior to the first date

29  set for qualifying.

30         Section 23.  Subsection (2) of section 101.031, Florida

31  Statutes, is amended to read:

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 1         101.031  Instructions for electors.--

 2         (2)  The supervisor of elections in each county shall

 3  have posted at each polling place in the county the Voter's

 4  Bill of Rights and Responsibilities in the following form:

 5  

 6                      VOTER'S BILL OF RIGHTS

 7  

 8         Each registered voter in this state has the right to:

 9         1.  Vote and have his or her vote accurately counted.

10         2.  Cast a vote if he or she is in line at the official

11  closing of the polls in that county.

12         3.  Ask for and receive assistance in voting.

13         4.  Receive up to two replacement ballots if he or she

14  makes a mistake prior to the ballot being cast.

15         5.  An explanation if his or her registration or

16  identity is in question.

17         6.  If his or her registration identity is in question,

18  cast a provisional ballot.

19         7.  Prove his or her identity by signing an affidavit

20  if election officials doubt the voter's identity.

21         7.8.  Written instructions to use when voting, and,

22  upon request, oral instructions in voting from elections

23  officers.

24         8.9.  Vote free from coercion or intimidation by

25  elections officers or any other person.

26         9.10.  Vote on a voting system that is in working

27  condition and that will allow votes to be accurately cast.

28  

29                      VOTER RESPONSIBILITIES

30  

31         Each registered voter in this state should:

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 1         1.  Familiarize himself or herself with the candidates

 2  and issues.

 3         2.  Maintain with the office of the supervisor of

 4  elections a current address.

 5         3.  Know the location of his or her polling place and

 6  its hours of operation.

 7         4.  Bring proper identification to the polling station.

 8         5.  Familiarize himself or herself with the operation

 9  of the voting equipment in his or her precinct.

10         6.  Treat precinct workers with courtesy.

11         7.  Respect the privacy of other voters.

12         8.  Report any problems or violations of election laws

13  to the supervisor of elections.

14         9.  Ask questions, if needed.

15         10.  Make sure that his or her completed ballot is

16  correct before leaving the polling station.

17  

18  NOTE TO VOTER: Failure to perform any of these

19  responsibilities does not prohibit a voter from voting.

20         Section 24.  Section 101.043, Florida Statutes, is

21  amended to read:

22         101.043  Identification required at polls.--

23         (1)  The precinct register, as prescribed in s. 98.461,

24  shall be used at the polls in lieu of the registration books

25  for the purpose of identifying the elector at the polls prior

26  to allowing him or her to vote. The clerk or inspector shall

27  require each elector, upon entering the polling place, to

28  present a current and valid picture identification as provided

29  in s. 97.0535(3)(a). If the picture identification does not

30  contain the signature of the voter, an additional

31  identification that provides the voter's signature shall be

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 1  required. The elector shall sign his or her name in the space

 2  provided, and the clerk or inspector shall compare the

 3  signature with that on the identification provided by the

 4  elector and enter his or her initials in the space provided

 5  and allow the elector to vote if the clerk or inspector is

 6  satisfied as to the identity of the elector.

 7         (2)  Except as provided in subsection (3), if the

 8  elector fails to furnish the required identification, or if

 9  the clerk or inspector is in doubt as to the identity of the

10  elector, such clerk or inspector shall follow the procedure

11  prescribed in s. 101.49.

12         (2)(3)  If the elector who fails to furnish the

13  required identification is a first-time voter who registered

14  by mail and has not provided the required identification to

15  the supervisor of elections prior to election day, the elector

16  shall be allowed to vote a provisional ballot. The canvassing

17  board shall determine the validity of the ballot pursuant to

18  s. 101.048(2).

19         Section 25.  Section 101.048, Florida Statutes, is

20  amended to read:

21         101.048  Provisional ballots.--

22         (1)  At all elections, a voter claiming to be properly

23  registered in the county and eligible to vote at the precinct

24  in the election, but whose eligibility cannot be determined, a

25  person whom an election official asserts is not eligible, and

26  other persons specified in the code shall be entitled to vote

27  a provisional ballot. Once voted, the provisional ballot shall

28  be placed in a secrecy envelope and thereafter sealed in a

29  provisional ballot envelope. The provisional ballot shall be

30  deposited in a ballot box. All provisional ballots shall

31  remain sealed in their envelopes for return to the supervisor

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 1  of elections. The department shall prescribe the form of the

 2  provisional ballot envelope. A person casting a provisional

 3  ballot shall have the right to present written evidence

 4  supporting his or her eligibility to vote to the supervisor of

 5  elections by not later that 5 p.m. on the third day following

 6  the election.

 7         (2)(a)  The county canvassing board shall examine each

 8  Provisional Ballot Voter's Certificate and Affirmation

 9  envelope to determine if the person voting that ballot was

10  entitled to vote at the precinct where the person cast a vote

11  in the election and that the person had not already cast a

12  ballot in the election. In determining whether a person

13  casting a provisional ballot is entitled to vote, the county

14  canvassing board shall review the information provided in the

15  Voter's Certificate and Affirmation, written evidence provided

16  by the person pursuant to subsection (1), any other evidence

17  presented by the supervisor of elections, and, in the case of

18  a challenge, any evidence presented by the challenger. A

19  ballot of a person casting a provisional ballot shall be

20  counted unless the canvassing board determines by a

21  preponderance of the evidence that the person was not entitled

22  to vote.

23         (b)1.  If it is determined that the person was

24  registered and entitled to vote at the precinct where the

25  person cast a vote in the election, the canvassing board shall

26  compare the signature on the Provisional Ballot Voter's

27  Certificate and Affirmation envelope with the signature on the

28  voter's registration and, if it matches, shall count the

29  ballot.

30         2.  If it is determined that the person voting the

31  provisional ballot was not registered or entitled to vote at

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 1  the precinct where the person cast a vote in the election, the

 2  provisional ballot shall not be counted and the ballot shall

 3  remain in the envelope containing the Provisional Ballot

 4  Voter's Certificate and Affirmation and the envelope shall be

 5  marked "Rejected as Illegal."

 6         (3)  The Provisional Ballot Voter's Certificate and

 7  Affirmation shall be in substantially the following form:

 8  

 9  STATE OF FLORIDA

10  COUNTY OF ....

11  

12         I do solemnly swear (or affirm) that my name is ....;

13  that my date of birth is ....; that I am registered and

14  qualified to vote and at the time I registered I resided at

15  ...., in the municipality of ...., in .... County, Florida;

16  that I am registered in the .... Party; that I am a qualified

17  voter of the county; and that I have not voted in this

18  election.  I understand that if I commit any fraud in

19  connection with voting, vote a fraudulent ballot, or vote more

20  than once in an election, I can be convicted of a felony of

21  the third degree and fined up to $5,000 and/or imprisoned for

22  up to 5 years.

23                                      ...(Signature of Voter)...

24                               ...(Current Residence Address)...

25                                 ...(Current Mailing Address)...

26                                   ...(City, State, Zip Code)...

27       ...(Driver's License Number or Last Four Digits of Social

28                                             Security Number)...

29  

30  Sworn to and subscribed before me this .... day of ........,

31  ...(year)....

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 1  ...(Election Official)...

 2  

 3  Precinct # ....                Ballot Style/Party Issued: ....

 4  

 5         (4)  Notwithstanding the requirements of subsections

 6  (1), (2), and (3) In counties where the voting system does not

 7  utilize a paper ballot, the supervisor of elections may, and

 8  for persons with disabilities shall, provide the appropriate

 9  provisional ballot to the voter by electronic means that meet

10  the requirements of s. 101.56062, as provided for by the

11  certified voting system. Each person casting a provisional

12  ballot by electronic means shall, prior to casting his or her

13  ballot, complete the Provisional Ballot Voter's Certificate

14  and Affirmation as provided in subsection (3).

15         (5)  Each person casting a provisional ballot shall be

16  given written instructions regarding the person's right to

17  provide the supervisor of elections with written evidence of

18  his or her eligibility to vote and regarding the free access

19  system established pursuant to subsection (6). The

20  instructions shall contain information on how to access the

21  system and the information the voter will need to provide to

22  obtain information on his or her particular ballot. The

23  instructions shall also include the following statement: "If

24  this is a primary election, you should contact the supervisor

25  of elections' office immediately to confirm that you are

26  registered and can vote in the general election."

27         (6)  Each supervisor of elections shall establish a

28  free access system that allows each person who casts a

29  provisional ballot to determine whether his or her provisional

30  ballot was counted in the final canvass of votes and, if not,

31  the reasons why. Information regarding provisional ballots

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 1  shall be available no later than 30 days following the

 2  election. The system established must restrict information

 3  regarding an individual ballot to the person who cast the

 4  ballot.

 5         Section 26.  Section 101.049, Florida Statutes, is

 6  amended to read:

 7         101.049  Provisional ballots; special circumstances.--

 8         (1)  Any person who votes in an election after the

 9  regular poll-closing time pursuant to a court or other order

10  extending the statutory polling hours must vote a provisional

11  ballot. Once voted, the provisional ballot shall be placed in

12  a secrecy envelope and thereafter sealed in a provisional

13  ballot envelope. The election official witnessing the voter's

14  subscription and affirmation on the Provisional Ballot Voter's

15  Certificate shall indicate whether or not the voter met all

16  requirements to vote a regular ballot at the polls. All such

17  provisional ballots shall remain sealed in their envelopes and

18  be transmitted to the supervisor of elections.

19         (2)  Separate and apart from all other ballots, the

20  county canvassing board shall count all late-voted provisional

21  ballots that the canvassing board determines to be valid.

22         (3)  The supervisor shall ensure that late-voted

23  provisional ballots are not commingled with other ballots

24  during the canvassing process or at any other time they are

25  statutorily required to be in the supervisor's possession.

26         (4)  This section shall not apply to voters in line at

27  the poll-closing time provided in s. 100.011 who cast their

28  ballots subsequent to that time.

29         (5)  As an alternative, provisional ballots cast

30  pursuant to this section may, and for persons with

31  

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 1  disabilities shall, be cast in accordance with the provisions

 2  of s. 101.048(4).

 3         Section 27.  Effective July 1, 2005, section 101.051,

 4  Florida Statutes, as amended by section 10 of chapter

 5  2002-281, Laws of Florida, is amended to read:

 6         101.051  Electors seeking assistance in casting

 7  ballots; oath to be executed; forms to be furnished.--

 8         (1)  Any elector applying to vote in any election who

 9  requires assistance to vote by reason of blindness,

10  disability, or inability to read or write may request the

11  assistance of two election officials or some other person of

12  the elector's own choice, other than the elector's employer,

13  an agent of the employer, or an officer or agent of his or her

14  union, to assist the elector in casting his or her vote. Any

15  such elector, before retiring to the voting booth, may have

16  one of such persons read over to him or her, without

17  suggestion or interference, the titles of the offices to be

18  filled and the candidates therefor and the issues on the

19  ballot. After the elector requests the aid of the two election

20  officials or the person of the elector's choice, they shall

21  retire to the voting booth for the purpose of casting the

22  elector's vote according to the elector's choice.

23         (2)  It is unlawful for any person to be in the voting

24  booth with any elector except as provided in subsection (1).

25  A person at a polling place or early voting site, or within

26  100 feet of the entrance of a polling place or early voting

27  site, may not solicit any elector in an effort to provide

28  assistance to vote pursuant to subsection (1). Any person who

29  violates this subsection commits a felony of the third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  775.084.

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 1         (3)  Any elector applying to cast an absentee ballot in

 2  the office of the supervisor, in any election, who requires

 3  assistance to vote by reason of blindness, disability, or

 4  inability to read or write may request the assistance of some

 5  person of his or her own choice, other than the elector's

 6  employer, an agent of the employer, or an officer or agent of

 7  his or her union, in casting his or her absentee ballot.

 8         (4)  If an elector needs assistance in voting pursuant

 9  to the provisions of this section, the clerk or one of the

10  inspectors shall require the elector requesting assistance in

11  voting to take the following oath:

12  

13                 DECLARATION TO SECURE ASSISTANCE

14  

15  State of Florida

16  County of ....

17  Date ....

18  Precinct ....

19         I, ...(Print name)..., swear or affirm that I am a

20  registered elector and request assistance from ...(Print

21  names)... in voting at the ...(name of election)... held on

22  ...(date of election)....       ...(Signature of assistor)....

23  Sworn and subscribed to before me this .... day of ....,

24  ...(year)....

25                ...(Signature of Official Administering Oath)...

26         (5)  If an elector needing assistance requests that a

27  person other than an election official provide him or her with

28  assistance in voting, the clerk or one of the inspectors shall

29  require the person providing assistance to take the following

30  oath:

31  

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 1                DECLARATION TO PROVIDE ASSISTANCE

 2  

 3  State of Florida

 4  County of ....

 5  Date ....

 6  Precinct ....

 7         I, ...(Print name)..., have been requested by ...(print

 8  name of elector needing assistance)... to provide him or her

 9  with assistance to vote. I swear or affirm that I am not the

10  employer, an agent of the employer, or an officer or agent of

11  the union of the voter and that I have not solicited this

12  voter at the polling place or early voting site or within 100

13  feet of such locations in an effort to provide

14  assistance....(Signature of assistor)...

15  Sworn and subscribed to before me this .... day of ....,

16  ...(year)....

17  ...(Signature of Official Administering Oath)...

18         (6)(5)  The supervisor of elections shall deliver a

19  sufficient number of these forms to each precinct, along with

20  other election paraphernalia.

21         Section 28.  Section 101.111, Florida Statutes, is

22  amended to read:

23         101.111  Person desiring to vote may be challenged;

24  challenger to execute oath; oath of person challenged;

25  determination of challenge.--

26         (1)  When the right to vote of any person who desires

27  to vote is challenged by any elector or poll watcher, the

28  challenge shall be reduced to writing with an oath as provided

29  in this section, giving reasons for the challenge, which shall

30  be delivered to the clerk or inspector. Any elector or poll

31  

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 1  watcher challenging the right of a person to vote shall

 2  execute the oath set forth below:

 3  

 4                OATH OF PERSON ENTERING CHALLENGE

 5  

 6  State of Florida

 7  County of ....

 8  

 9  I do solemnly swear that my name is ....; that I am a member

10  of the .... party; that I am a registered voter or pollwatcher

11  .... years old; that my residence address is ...., in the

12  municipality of ....; and that I have reason to believe that

13  .... is attempting to vote illegally and the reasons for my

14  belief are set forth herein to wit: ..........................

15  ..............................................................

16  ..............................................................

17                   ...(Signature of person challenging voter)...

18  

19  Sworn and subscribed to before me this .... day of ....,

20  ...(year)....

21                                       ...(Clerk of election)...

22  

23         (2)  Before a person who is challenged is permitted to

24  vote, the challenged person's right to vote shall be

25  determined in accordance with the provisions of subsection

26  (3). The clerk or inspector shall immediately deliver to the

27  challenged person a copy of the oath of the person entering

28  the challenge and the challenged voter shall be allowed to

29  casts a provisional ballot. shall request the challenged

30  person to execute the following oath:

31  

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 1                    OATH OF PERSON CHALLENGED

 2  

 3  State of Florida

 4  County of ....

 5  

 6  I do solemnly swear that my name is ....; that I am a member

 7  of the .... party; that my date of birth is ....; that my

 8  residence address is ...., in the municipality of ...., in

 9  this the .... precinct of .... county; that I personally made

10  application for registration and signed my name and that I am

11  a qualified voter in this election.

12  ...(Signature of person)...

13  

14  Sworn and subscribed to before me this .... day of ....,

15  ...(year)....

16  ...(Clerk of election or Inspector)...

17  

18  Any inspector or clerk of election may administer the oath.

19         (3)  Any elector or poll watcher may challenge the

20  right of any voter to vote not sooner than 30 days before an

21  election by filing a completed copy of the oath contained in

22  subsection (1) to the supervisor of election's office. The

23  challenged voter shall be permitted to cast a provisional

24  ballot.

25         (4)  Any elector or poll watcher filing a frivolous

26  challenge of any person's right to vote commits a misdemeanor

27  of the first degree, punishable as provided in s. 775.082, s.

28  775.083, or s. 775.084; however, electors or poll watchers

29  shall not be subject to liability for any action taken in good

30  faith and in furtherance of any activity or duty permitted of

31  such electors or poll watchers by law. Each instance where any

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 1  elector or poll watcher files a frivolous challenge of any

 2  person's right to vote constitutes a separate offense.

 3         (a)  The clerk and inspectors shall compare the

 4  information in the challenged person's oath with that entered

 5  on the precinct register and shall take any other evidence

 6  that may be offered. The clerk and inspectors shall then

 7  decide by a majority vote whether the challenged person may

 8  vote a regular ballot.

 9         (b)  If the challenged person refuses to complete the

10  oath or if a majority of the clerk and inspectors doubt the

11  eligibility of the person to vote, the challenged person shall

12  be allowed to vote a provisional ballot. The oath of the

13  person entering the challenge and the oath of the person

14  challenged shall be attached to the provisional ballot for

15  transmittal to the canvassing board.

16         Section 29.  Section 101.131, Florida Statutes, is

17  amended to read:

18         101.131  Watchers at polls.--

19         (1)  Each political party and each candidate may have

20  one watcher in each polling room or early voting area at any

21  one time during the election. A political committee formed for

22  the specific purpose of expressly advocating the passage or

23  defeat of an issue on the ballot may have one watcher for each

24  polling room or early voting area at any one time during the

25  election. No watcher shall be permitted to come closer to the

26  officials' table or the voting booths than is reasonably

27  necessary to properly perform his or her functions, but each

28  shall be allowed within the polling room or early voting area

29  to watch and observe the conduct of electors and officials.

30  The poll watchers shall furnish their own materials and

31  necessities and shall not obstruct the orderly conduct of any

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 1  election. The poll watchers shall pose any questions regarding

 2  polling place procedures directly to the clerk for resolution.

 3  They may not interact with voters. Each poll watcher shall be

 4  a qualified and registered elector of the county in which he

 5  or she serves.

 6         (2)  Each party, each political committee, and each

 7  candidate requesting to have poll watchers shall designate, in

 8  writing, poll watchers for each precinct prior to noon of the

 9  second Tuesday preceding the election poll watchers for each

10  polling room on election day. Designations of poll watchers

11  for early voting areas shall be submitted in writing to the

12  supervisor of elections at least 14 days before early voting

13  begins.  The poll watchers for each polling room precinct

14  shall be approved by the supervisor of elections on or before

15  the Tuesday before the election. Poll watchers for early

16  voting areas shall be approved by the supervisor of elections

17  no later than 7 days before early voting begins. The

18  supervisor shall furnish to each election board precinct a

19  list of the poll watchers designated and approved for such

20  polling room or early voting area precinct.

21         (3)  No candidate or sheriff, deputy sheriff, police

22  officer, or other law enforcement officer may be designated as

23  a poll watcher.

24         Section 30.  Subsection (1) of section 101.151, Florida

25  Statutes, is amended to read:

26         101.151  Specifications for ballots.--

27         (1)  Marksense Paper ballots shall be printed on paper

28  of such thickness that the printing cannot be distinguished

29  from the back and shall meet the specifications of the voting

30  system that will be used to tabulate the ballots.

31  

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 1         Section 31.  Section 101.171, Florida Statutes, is

 2  amended to read:

 3         101.171  Copy of constitutional amendment to be

 4  available at voting locations posted.--Whenever any amendment

 5  to the State Constitution is to be voted upon at any election,

 6  the Department of State shall have printed, and shall furnish

 7  to each supervisor of elections, a sufficient number of copies

 8  of the amendment either in poster or booklet form, and the

 9  supervisor shall have a copy thereof conspicuously posted or

10  available at each polling room or early voting area precinct

11  upon the day of election.

12         Section 32.  Section 101.294, Florida Statutes, is

13  amended to read:

14         101.294  Purchase and sale of voting equipment.--

15         (1)  The Division of Elections of the Department of

16  State shall adopt uniform rules for the purchase, use, and

17  sale of voting equipment in the state.  No governing body

18  shall purchase or cause to be purchased any voting equipment

19  unless such equipment has been certified for use in this state

20  by the Department of State.

21         (2)  Any governing body contemplating the purchase or

22  sale of voting equipment shall notify the Division of

23  Elections of such considerations.  The division shall attempt

24  to coordinate the sale of excess or outmoded equipment by one

25  county with purchases of necessary equipment by other

26  counties.

27         (3)  The division shall inform the governing bodies of

28  the various counties of the state of the availability of new

29  or used voting equipment and of sources available for

30  obtaining such equipment.

31  

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 1         (4)  A vendor of voting equipment may not provide an

 2  uncertified voting system, voting system component, or voting

 3  system upgrade to a local governing body or supervisor of

 4  elections in this state.

 5         (5)  Before or in conjunction with providing a voting

 6  system, voting system component, or voting system upgrade, the

 7  vendor shall provide the local governing body or supervisor of

 8  elections with a sworn certification that the voting system,

 9  voting system component, or voting system upgrade being

10  provided has been certified by the Division of Elections.

11         Section 33.  Section 101.295, Florida Statutes, is

12  amended to read:

13         101.295  Penalties for violation.--

14         (1)  Any member of a governing body which purchases or

15  sells voting equipment in violation of the provisions of ss.

16  101.292-101.295, which member knowingly votes to purchase or

17  sell voting equipment in violation of the provisions of ss.

18  101.292-101.295, is guilty of a misdemeanor of the first

19  degree, punishable as provided by s. 775.082 or s. 775.083,

20  and shall be subject to suspension from office on the grounds

21  of malfeasance.

22         (2)  Any vendor, chief executive officer, or vendor

23  representative of voting equipment who provides a voting

24  system, voting system component, or voting system upgrade in

25  violation of this chapter commits a felony of the third

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.

28         Section 34.  Section 101.49, Florida Statutes, is

29  amended to read:

30         101.49  Procedure of election officers where signatures

31  differ.--

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 1         (1)  Whenever any clerk or inspector, upon a just

 2  comparison of the signatures, doubts that the signature on the

 3  identification presented by the of any elector who presents

 4  himself or herself at the polls to vote is the same as the

 5  signature of the elector affixed on the precinct register or

 6  early voting certificate in the registration book, the clerk

 7  or inspector shall deliver to the person an affidavit which

 8  shall be in substantially the following form:

 9  

10  STATE OF FLORIDA,

11  COUNTY OF .....

12         I do solemnly swear (or affirm) that my name is ....;

13  that I am .... years old; that I was born in the State of

14  ....; that I am registered to vote, and at the time I

15  registered I resided on .... Street, in the municipality of

16  ...., County of ...., State of Florida; that I am a qualified

17  voter of the county and state aforesaid and have not voted in

18  this election.

19                                      ...(Signature of voter)...

20         Sworn to and subscribed before me this .... day of

21  ...., A. D....(year)....

22                          ...(Clerk or inspector of election)...

23                                              Precinct No. .....

24                                                 County of .....

25  

26         (2)  The person shall fill out, in his or her own

27  handwriting or with assistance from a member of the election

28  board, the form and make an affidavit to the facts stated in

29  the filled-in form; such affidavit shall then be sworn to and

30  subscribed before one of the inspectors or clerks of the

31  election who is authorized to administer the oath. Whenever

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 1  the affidavit is made and filed with the clerk or inspector,

 2  the person shall then be admitted to cast his or her vote, but

 3  if the person fails or refuses to make out or file such

 4  affidavit and asserts his or her eligibility, then he or she

 5  shall be entitled to vote a provisional ballot not be

 6  permitted to vote.

 7         Section 35.  Effective July 1, 2005, subsection (1) of

 8  section 101.51, Florida Statutes, as amended by section 11 of

 9  chapter 2002-281, Laws of Florida, is amended to read:

10         101.51  Electors to occupy booth alone.--

11         (1)  When the elector presents himself or herself to

12  vote, the election official shall ascertain whether the

13  elector's name is upon the register of electors, and, if the

14  elector's name appears and no challenge interposes, or, if

15  interposed, be not sustained, one of the election officials

16  stationed at the entrance shall announce the name of the

17  elector and permit him or her to enter the booth or

18  compartment to cast his or her vote, allowing only one elector

19  at a time to pass through to vote. An elector, while casting

20  his or her ballot, may not occupy a booth or compartment

21  already occupied or speak with anyone, except as provided by

22  s. 101.051, while in the polling place.

23         Section 36.  Subsection (2) of section 101.5612,

24  Florida Statutes, is amended to read:

25         101.5612  Testing of tabulating equipment.--

26         (2)  On any day not more than 10 days prior to the

27  commencement of early voting as provided in s. 101.657, the

28  supervisor of elections shall have the automatic tabulating

29  equipment publicly tested to ascertain that the equipment will

30  correctly count the votes cast for all offices and on all

31  measures. If the ballots to be used at the polling place on

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 1  election day are not available at the time of the testing, the

 2  supervisor may conduct an additional test not more than 10

 3  days before election day. Public notice of the time and place

 4  of the test shall be given at least 48 hours prior thereto by

 5  publication once in one or more newspapers of general

 6  circulation in the county or, if there is no newspaper of

 7  general circulation in the county, by posting the notice in at

 8  least four conspicuous places in the county. The supervisor or

 9  the municipal elections official may, at the time of

10  qualifying, give written notice of the time and location of

11  the public preelection test to each candidate qualifying with

12  that office and obtain a signed receipt that the notice has

13  been given. The Department of State shall give written notice

14  to each statewide candidate at the time of qualifying, or

15  immediately at the end of qualifying, that the voting

16  equipment will be tested and advise each candidate to contact

17  the county supervisor of elections as to the time and location

18  of the public preelection test. The supervisor or the

19  municipal elections official shall, at least 15 days prior to

20  the commencement of early voting as provided in s. 101.657,

21  send written notice by certified mail to the county party

22  chair of each political party and to all candidates for other

23  than statewide office whose names appear on the ballot in the

24  county and who did not receive written notification from the

25  supervisor or municipal elections official at the time of

26  qualifying, stating the time and location of the public

27  preelection test of the automatic tabulating equipment. The

28  canvassing board shall convene, and each member of the

29  canvassing board shall certify to the accuracy of the test.

30  For the test, the canvassing board may designate one member to

31  represent it. The test shall be open to representatives of the

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 1  political parties, the press, and the public. Each political

 2  party may designate one person with expertise in the computer

 3  field who shall be allowed in the central counting room when

 4  all tests are being conducted and when the official votes are

 5  being counted. The designee shall not interfere with the

 6  normal operation of the canvassing board.

 7         Section 37.  Section 101.572, Florida Statutes, is

 8  amended to read:

 9         101.572  Public inspection of ballots.--The official

10  ballots and ballot cards received from election boards and

11  removed from absentee ballot mailing envelopes shall be open

12  for public inspection or examination while in the custody of

13  the supervisor of elections or the county canvassing board at

14  any reasonable time, under reasonable conditions; however, no

15  persons other than the supervisor of elections or his or her

16  employees or the county canvassing board shall handle any

17  official ballot or ballot card. If the ballots are being

18  examined prior to the end of the contest period in s. 102.168,

19  the supervisor of elections shall make a reasonable effort to

20  notify all candidates whose names appear on such ballots or

21  ballot cards by telephone or otherwise of the time and place

22  of the inspection or examination.  All such candidates, or

23  their representatives, shall be allowed to be present during

24  the inspection or examination.

25         Section 38.  Section 101.58, Florida Statutes, is

26  amended to read:

27         101.58  Supervising and observing registration and

28  election processes.--

29         (1)  The Department of State may, at any time it deems

30  fit; upon the petition of 5 percent of the registered

31  electors; or upon the petition of any candidate, county

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 1  executive committee chair, state committeeman or

 2  committeewoman, or state executive committee chair, appoint

 3  one or more deputies whose duties shall be to observe and

 4  examine the registration and election processes and the

 5  condition, custody, and operation of voting systems and

 6  equipment in any county or municipality. The deputy shall have

 7  access to all registration books and records as well as any

 8  other records or procedures relating to the voting process.

 9  The deputy may supervise preparation of the voting equipment

10  and procedures for election, and it shall be unlawful for any

11  person to obstruct the deputy in the performance of his or her

12  duty. The deputy shall file with the Department of State a

13  report of his or her findings and observations of the

14  registration and election processes in the county or

15  municipality, and a copy of the report shall also be filed

16  with the clerk of the circuit court of said county. The

17  compensation of such deputies shall be fixed by the Department

18  of State; and costs incurred under this section shall be paid

19  from the annual operating appropriation made to the Department

20  of State.

21         (2)  Upon the written direction of the Secretary of

22  State, any employee of the Department of State having

23  expertise in the matter of concern to the Secretary of State

24  shall have full access to all premises, records, equipment,

25  and staff of the supervisor of elections.

26         Section 39.  Subsection (1) of section 101.595, Florida

27  Statutes, is amended to read:

28         101.595  Analysis and reports of voting problems.--

29         (1)  No later than December 15 of each general election

30  year, the supervisor of elections in each county shall report

31  to the Department of State the total number of overvotes and

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 1  undervotes in the "President and Vice President" or "Governor

 2  and Lieutenant Governor" race that appears first on the ballot

 3  or, if neither appears, the first race appearing on the ballot

 4  pursuant to s. 101.151(2), along with the likely reasons for

 5  such overvotes and undervotes and other information as may be

 6  useful in evaluating the performance of the voting system and

 7  identifying problems with ballot design and instructions which

 8  may have contributed to voter confusion.

 9         Section 40.  Section 101.6103, Florida Statutes, is

10  amended to read:

11         101.6103  Mail ballot election procedure.--

12         (1)  Except as otherwise provided in subsection (7)

13  (6), the supervisor of elections shall mail all official

14  ballots with a secrecy envelope, a return mailing envelope,

15  and instructions sufficient to describe the voting process to

16  each elector entitled to vote in the election not sooner than

17  the 20th day before the election and not later than the 10th

18  day before the date of the election.  All such ballots shall

19  be mailed by first-class mail. Ballots shall be addressed to

20  each elector at the address appearing in the registration

21  records and placed in an envelope which is prominently marked

22  "Do Not Forward."

23         (2)  Upon receipt of the ballot the elector shall mark

24  the ballot, place it in the secrecy envelope, sign the return

25  mailing envelope supplied with the ballot, and comply with the

26  instructions provided with the ballot. The elector shall mail,

27  deliver, or have delivered the marked ballot so that it

28  reaches the supervisor of elections no later than 7 p.m. on

29  the day of the election.  The ballot must be returned in the

30  return mailing envelope.

31  

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 1         (3)  The return mailing envelope shall contain a

 2  statement in substantially the following form:

 3  

 4                       VOTER'S CERTIFICATE

 5  

 6         I, (Print Name), do solemnly swear (or affirm) that I

 7  am a qualified voter in this election and that I have not and

 8  will not vote more than one ballot in this election.

 9         I understand that failure to sign this certificate and

10  give my residence address will invalidate my ballot.

11                                               ...(Signature)...

12                                       ...(Residence Address)...

13  

14         (4)  If the ballot is destroyed, spoiled, lost, or not

15  received by the elector, the elector may obtain a replacement

16  ballot from the supervisor of elections as provided in this

17  subsection.  An elector seeking a replacement ballot shall

18  sign a sworn statement that the ballot was destroyed, spoiled,

19  lost, or not received and present such statement to the

20  supervisor of elections prior to 7 p.m. on the day of the

21  election.  The supervisor of elections shall keep a record of

22  each replacement ballot provided under this subsection.

23         (5)  A ballot shall be counted only if:

24         (a)  It is returned in the return mailing envelope;

25         (b)  The elector's signature has been verified as

26  provided in this subsection; and

27         (c)  It is received by the supervisor of elections not

28  later than 7 p.m. on the day of the election.

29  

30  The supervisor of elections shall verify the signature of each

31  elector on the return mailing envelope with the signature on

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 1  the elector's registration records.  Such verification may

 2  commence at any time prior to the canvass of votes.  The

 3  supervisor of elections shall safely keep the ballot unopened

 4  in his or her office until the county canvassing board

 5  canvasses the vote.  If the supervisor of elections determines

 6  that an elector to whom a replacement ballot has been issued

 7  under subsection (4) has voted more than once, the canvassing

 8  board shall determine which ballot, if any, is to be counted.

 9         (6)  The canvassing board may begin the canvassing of

10  mail ballots at 7 a.m. on the fourth day before the election,

11  including processing the ballots through the tabulating

12  equipment. However, results may not be released until after 7

13  p.m. on election day. Any canvassing board member or election

14  employee who releases any result before 7 p.m. on election day

15  commits a felony of the third degree, punishable as provided

16  in s. 775.082, s. 775.083, or s. 775.084.

17         (7)(6)  With respect to absent electors overseas

18  entitled to vote in the election, the supervisor of elections

19  shall mail an official ballot with a secrecy envelope, a

20  return mailing envelope, and instructions sufficient to

21  describe the voting process to each such elector on a date

22  sufficient to allow such elector time to vote in the election

23  and to have his or her marked ballot reach the supervisor by 7

24  p.m. on the day of the election.

25         Section 41.  Section 101.62, Florida Statutes, is

26  amended to read:

27         101.62  Request for absentee ballots.--

28         (1)(a)  The supervisor may accept a request for an

29  absentee ballot from an elector in person or in writing.

30  Except as provided in s. 101.694, one request shall be deemed

31  sufficient to receive an absentee ballot for all elections

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 1  which are held within a calendar year, unless the elector or

 2  the elector's designee indicates at the time the request is

 3  made the elections for which the elector desires to receive an

 4  absentee ballot. Such request may be considered canceled when

 5  any first-class mail sent by the supervisor to the elector is

 6  returned as undeliverable.

 7         (b)  The supervisor may accept a written or telephonic

 8  request for an absentee ballot from the elector, or, if

 9  directly instructed by the elector, a member of the elector's

10  immediate family, or the elector's legal guardian. For

11  purposes of this section, the term "immediate family" has the

12  same meaning as specified in paragraph (4)(b).  The person

13  making the request must disclose:

14         1.  The name of the elector for whom the ballot is

15  requested;

16         2.  The elector's address;

17         3.  The elector's date of birth;

18         4.  The requester's name;

19         5.  The requester's address;

20         6.  The requester's driver's license number, if

21  available;

22         7.  The requester's relationship to the elector; and

23         8.  The requester's signature (written requests only).

24         (2)  If A request for an absentee ballot to be mailed

25  to a voter must be is received no later than 5 p.m. on the

26  sixth day after the Friday before the election by the

27  supervisor of elections from an absent elector overseas, the

28  supervisor shall send a notice to the elector acknowledging

29  receipt of his or her request and notifying the elector that

30  the ballot will not be forwarded due to insufficient time for

31  return of the ballot by the required deadline. The supervisor

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 1  of elections shall mail absentee ballots to voters requesting

 2  ballots by such deadline no later than 4 days before the

 3  election.

 4         (3)  For each request for an absentee ballot received,

 5  the supervisor shall record the date the request was made, the

 6  date the absentee ballot was delivered to the voter or the

 7  voter's designee or the date the absentee ballot was delivered

 8  to the post office or other carrier or mailed, the date the

 9  ballot was received by the supervisor, and such other

10  information he or she may deem necessary.  This information

11  shall be confidential and exempt from the provisions of s.

12  119.07(1) and shall be made available to or reproduced only

13  for the voter requesting the ballot, a canvassing board, an

14  election official, a political party or official thereof, a

15  candidate who has filed qualification papers and is opposed in

16  an upcoming election, and registered political committees or

17  registered committees of continuous existence, for political

18  purposes only.

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

20  has requested an absentee ballot, the supervisor of elections

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

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

23  before the second primary and general election, the supervisor

24  of elections shall mail an absentee ballot. If the regular

25  absentee ballots are not available, the supervisor shall mail

26  an advance absentee ballot to those persons requesting ballots

27  for such elections.  The advance absentee ballot for the

28  second primary shall be the same as the first primary absentee

29  ballot as to the names of candidates, except that for any

30  offices where there are only two candidates, those offices and

31  all political party executive committee offices shall be

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 1  omitted.  Except as provided in ss. 99.063(4) and 100.371(8)

 2  100.371(6), the advance absentee ballot for the general

 3  election shall be as specified in s. 101.151, except that in

 4  the case of candidates of political parties where nominations

 5  were not made in the first primary, the names of the

 6  candidates placing first and second in the first primary

 7  election shall be printed on the advance absentee ballot. The

 8  advance absentee ballot or advance absentee ballot information

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

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

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

12  shall mail an advance absentee ballot for the second primary

13  and general election to each qualified absent elector for whom

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

15  The supervisor shall enclose with the advance second primary

16  absentee ballot and advance general election absentee ballot

17  an explanation stating that the absentee ballot for the

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

19  the advance absentee ballot and the absentee ballot for the

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

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

22  by rule the requirements for preparing and mailing absentee

23  ballots to absent qualified electors overseas.

24         (b)  As soon as the remainder of the absentee ballots

25  are printed, the supervisor shall provide an absentee ballot

26  to each elector by whom a request for that ballot has been

27  made by one of the following means:

28         1.  By nonforwardable, return-if-undeliverable mail to

29  the elector's current mailing address on file with the

30  supervisor, unless the elector specifies in the request that:

31  

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 1         a.  The elector is absent from the county and does not

 2  plan to return before the day of the election;

 3         b.  The elector is temporarily unable to occupy the

 4  residence because of hurricane, tornado, flood, fire, or other

 5  emergency or natural disaster; or

 6         c.  The elector is in a hospital, assisted-living

 7  facility, nursing home, short-term medical or rehabilitation

 8  facility, or correctional facility,

 9  

10  in which case the supervisor shall mail the ballot by

11  nonforwardable, return-if-undeliverable mail to any other

12  address the elector specifies in the request.

13         2.  By forwardable mail to voters who are entitled to

14  vote by absentee ballot under the Uniformed and Overseas

15  Citizens Absentee Voting Act.

16         3.  By personal delivery before 7 p.m. on election day

17  to the elector, upon presentation of the identification

18  required in s. 101.657.

19         4.  By delivery to a designee on election day or up to

20  4 days prior to the day of an election. Any elector may

21  designate in writing a person to pick up the ballot for the

22  elector; however, the person designated may not pick up more

23  than two absentee ballots per election, other than the

24  designee's own ballot, except that additional ballots may be

25  picked up for members of the designee's immediate family.  For

26  purposes of this section, "immediate family" means the

27  designee's spouse or the parent, child, grandparent, or

28  sibling of the designee or of the designee's spouse.  The

29  designee shall provide to the supervisor the written

30  authorization by the elector and a picture identification of

31  the designee and must complete an affidavit.  The designee

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 1  shall state in the affidavit that the designee is authorized

 2  by the elector to pick up that ballot and shall indicate if

 3  the elector is a member of the designee's immediate family

 4  and, if so, the relationship.  The department shall prescribe

 5  the form of the affidavit. If the supervisor is satisfied that

 6  the designee is authorized to pick up the ballot and that the

 7  signature of the elector on the written authorization matches

 8  the signature of the elector on file, the supervisor shall

 9  give the ballot to that designee for delivery to the elector.

10         (5)  In the event that the Elections Canvassing

11  Commission is unable to certify the results of an election for

12  a state office in time to comply with subsection (4), the

13  Department of State is authorized to prescribe rules for a

14  ballot to be sent to absent electors overseas.

15         (6)  Nothing other than the materials necessary to vote

16  absentee shall be mailed or delivered with any absentee

17  ballot.

18         Section 42.  Section 101.64, Florida Statutes, is

19  amended to read:

20         101.64  Delivery of absentee ballots; envelopes;

21  form.--

22         (1)  The supervisor shall enclose with each absentee

23  ballot two envelopes: a secrecy envelope, into which the

24  absent elector shall enclose his or her marked ballot; and a

25  mailing envelope, into which the absent elector shall then

26  place the secrecy envelope, which shall be addressed to the

27  supervisor and also bear on the back side a certificate in

28  substantially the following form:

29  

30         Note: Please Read Instructions Carefully Before

31        Marking Ballot and Completing Voter's Certificate.

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 1  

 2                       VOTER'S CERTIFICATE

 3         I, ...., do solemnly swear or affirm that I am a

 4  qualified and registered voter of .... County, Florida, and

 5  that I have not and will not vote more than one ballot in this

 6  election. I understand that if I commit or attempt to commit

 7  any fraud in connection with voting, vote a fraudulent ballot,

 8  or vote more than once in an election, I can be convicted of a

 9  felony of the third degree and fined up to $5,000 and/or

10  imprisoned for up to 5 years. I also understand that failure

11  to sign this certificate will invalidate my ballot.

12  

13  ...(Date)...                         ...(Voter's Signature)...

14  

15         (2)  The certificate shall be arranged on the back of

16  the mailing envelope so that the line for the signature of the

17  absent elector is across the seal of the envelope; however, no

18  statement shall appear on the envelope which indicates that a

19  signature of the voter must cross the seal of the envelope.

20  The absent elector shall execute the certificate on the

21  envelope.

22         (3)  In lieu of the voter's certificate provided in

23  this section, the supervisor of elections shall provide each

24  person voting absentee under the Uniformed and Overseas

25  Citizens Absentee Voting Act with the standard oath prescribed

26  by the presidential designee.

27         Section 43.  Subsection (2) of section 101.663, Florida

28  Statutes, is amended to read:

29         101.663  Electors; change of residence.--

30         (2)  An elector registered in this state who moves his

31  or her permanent residence to another state after the

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 1  registration books in that state have closed and who is

 2  prohibited by the laws of that state from voting for the

 3  offices of President and Vice President of the United States

 4  shall be permitted to vote absentee in the county of his or

 5  her former residence for the offices of President and Vice

 6  President of the United States those offices.

 7         Section 44.  Subsection (1) of section 101.68, Florida

 8  Statutes, is amended to read:

 9         101.68  Canvassing of absentee ballot.--

10         (1)  The supervisor of the county where the absent

11  elector resides shall receive the voted ballot, at which time

12  the supervisor shall compare the signature of the elector on

13  the voter's certificate with the signature of the elector in

14  the registration books to determine whether the elector is

15  duly registered in the county and may record on the elector's

16  registration certificate that the elector has voted. The

17  supervisor shall safely keep the ballot unopened in his or her

18  office until the county canvassing board canvasses the vote.

19  After an absentee ballot is received by the supervisor, the

20  ballot is deemed to have been cast, and changes or additions

21  may not be made to the voter's certificate.

22         Section 45.  Section 101.69, Florida Statutes, is

23  amended to read:

24         101.69  Voting in person; return of absentee

25  ballot.--The provisions of this code shall not be construed to

26  prohibit any elector from voting in person at the elector's

27  precinct on the day of an election or at an early voting site,

28  notwithstanding that the elector has requested an absentee

29  ballot for that election. An elector who has returned a voted

30  absentee ballot to the supervisor, however, is deemed to have

31  cast his or her ballot and is not entitled to vote another

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 1  ballot or to have a provisional ballot counted by the county

 2  canvassing board. An elector who has received an absentee

 3  ballot and has not returned the voted ballot to the

 4  supervisor, but desires to vote in person, shall return the

 5  ballot, whether voted or not, to the election board in the

 6  elector's precinct or to an early voting site. The returned

 7  ballot shall be marked "canceled" by the board and placed with

 8  other canceled ballots. However, if the elector does not

 9  return the ballot and the election official:

10         (1)  Confirms that the supervisor has received the

11  elector's absentee ballot, the elector shall not be allowed to

12  vote in person. If the elector maintains that he or she has

13  not returned the absentee ballot or remains eligible to vote,

14  the elector shall be provided a provisional ballot as provided

15  in s. 101.048.

16         (2)  Confirms that the supervisor has not received the

17  elector's absentee ballot, the elector shall be allowed to

18  vote in person as provided in this code. The elector's

19  absentee ballot, if subsequently received, shall not be

20  counted and shall remain in the mailing envelope, and the

21  envelope shall be marked "Rejected as Illegal."

22         (3)  Cannot determine whether the supervisor has

23  received the elector's absentee ballot, the elector may vote a

24  provisional ballot as provided in s. 101.048.

25         Section 46.  Section 101.6923, Florida Statutes, is

26  amended to read:

27         101.6923  Special absentee ballot instructions for

28  certain first-time voters.--

29         (1)  The provisions of this section apply to voters who

30  registered to vote by mail, who have not previously voted in

31  the county, and who have not provided the identification or

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 1  information required by s. 97.0535 by the time the absentee

 2  ballot is mailed.

 3         (2)  A voter covered by this section shall be provided

 4  with the following printed instructions with his or her

 5  absentee ballot in substantially the following form:

 6  

 7         READ THESE INSTRUCTIONS CAREFULLY BEFORE

 8         MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE

 9         INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

10         COUNT.

11  

12         1.  In order to ensure that your absentee ballot will

13  be counted, it should be completed and returned as soon as

14  possible so that it can reach the supervisor of elections of

15  the county in which your precinct is located no later than 7

16  p.m. on the date of the election.

17         2.  Mark your ballot in secret as instructed on the

18  ballot. You must mark your own ballot unless you are unable to

19  do so because of blindness, disability, or inability to read

20  or write.

21         3.  Mark only the number of candidates or issue choices

22  for a race as indicated on the ballot. If you are allowed to

23  "Vote for One" candidate and you vote for more than one, your

24  vote in that race will not be counted.

25         4.  Place your marked ballot in the enclosed secrecy

26  envelope and seal the envelope.

27         5.  Insert the secrecy envelope into the enclosed

28  envelope bearing the Voter's Certificate. Seal the envelope

29  and completely fill out the Voter's Certificate on the back of

30  the envelope.

31  

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 1         a.  You must sign your name on the line above (Voter's

 2  Signature).

 3         b.  If you are an overseas voter, you must include the

 4  date you signed the Voter's Certificate on the line above

 5  (Date) or your ballot may not be counted.

 6         6.  Unless you meet one of the exemptions in Item 7.,

 7  you must make a copy of one of the following forms of

 8  identification:

 9         a.  Identification which must include your name and

10  photograph: current and valid Florida driver's license;

11  Florida identification card issued by the Department of

12  Highway Safety and Motor Vehicles; United States passport;

13  employee badge or identification; buyer's club identification

14  card; debit or credit card; military identification; student

15  identification; retirement center identification; neighborhood

16  association identification; entertainment identification; or

17  public assistance identification; or

18         b.  Identification which shows your name and current

19  residence address: current utility bill, bank statement,

20  government check, paycheck, or government document (excluding

21  voter identification card).

22         7.  The identification requirements of Item 6. do not

23  apply if you meet one of the following requirements:

24         a.  You are 65 years of age or older.

25         b.  You have a temporary or permanent physical

26  disability.

27         c.  You are a member of a uniformed service on active

28  duty who, by reason of such active duty, will be absent from

29  the county on election day.

30  

31  

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 1         d.  You are a member of the Merchant Marine who, by

 2  reason of service in the Merchant Marine, will be absent from

 3  the county on election day.

 4         e.  You are the spouse or dependent of a member

 5  referred to in paragraph c. or paragraph d. who, by reason of

 6  the active duty or service of the member, will be absent from

 7  the county on election day.

 8         f.  You are currently residing outside the United

 9  States.

10         8.  Place the envelope bearing the Voter's Certificate

11  into the mailing envelope addressed to the supervisor. Insert

12  a copy of your identification in the mailing envelope. DO NOT

13  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

14  BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S

15  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

16         9.  Mail, deliver, or have delivered the completed

17  mailing envelope. Be sure there is sufficient postage if

18  mailed.

19         10.  FELONY NOTICE. It is a felony under Florida law to

20  accept any gift, payment, or gratuity in exchange for your

21  vote for a candidate. It is also a felony under Florida law to

22  vote in an election using a false identity or false address,

23  or under any other circumstances making your ballot false or

24  fraudulent.

25         Section 47.  Subsection (3) of section 101.694, Florida

26  Statutes, is amended to read:

27         101.694  Mailing of ballots upon receipt of federal

28  postcard application.--

29         (3)  Absentee envelopes printed for voters entitled to

30  vote absentee under the Uniformed and Overseas Citizens

31  Absentee Voting Act shall meet the specifications as

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 1  determined by the Federal Voting Assistance Program of the

 2  United States Department of Defense and the United States

 3  Postal Service. There shall be printed across the face of each

 4  envelope in which a ballot is sent to a federal postcard

 5  applicant, or is returned by such applicant to the supervisor,

 6  two parallel horizontal red bars, each one-quarter inch wide,

 7  extending from one side of the envelope to the other side,

 8  with an intervening space of one-quarter inch, the top bar to

 9  be 1 1/4  inches from the top of the envelope, and with the

10  words "Official Election Balloting Material-via Air Mail," or

11  similar language, between the bars. There shall be printed in

12  the upper right corner of each such envelope, in a box, the

13  words "Free of U. S. Postage, including Air Mail." All

14  printing on the face of each envelope shall be in red, and

15  there shall be printed in red in the upper left corner of each

16  ballot envelope an appropriate inscription or blanks for

17  return address of sender.  Additional specifications may be

18  prescribed by rule of the Division of Elections upon

19  recommendation of the presidential designee under the

20  Uniformed and Overseas Citizens Absentee Voting Act.

21  Otherwise, the envelopes shall be the same as those used in

22  sending ballots to, or receiving them from, other absentee

23  voters.

24         Section 48.  Section 101.697, Florida Statutes, is

25  amended to read:

26         101.697  Electronic transmission of election

27  materials.--The Department of State shall determine whether

28  secure electronic means can be established for receiving

29  ballots from overseas voters. If such security can be

30  established, the department shall adopt rules to authorize a

31  supervisor of elections to accept from an overseas voter a

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 1  request for an absentee ballot or and a voted absentee ballot

 2  by secure facsimile machine transmission or other secure

 3  electronic means from overseas voters. The rules must provide

 4  that in order to accept a voted ballot, the verification of

 5  the voter must be established, the security of the

 6  transmission must be established, and each ballot received

 7  must be recorded.

 8         Section 49.  Section 102.012, Florida Statutes, is

 9  amended to read:

10         102.012  Inspectors and clerks to conduct elections.--

11         (1)  The supervisor of elections of each county, at

12  least 20 days prior to the holding of any election, shall

13  appoint an election board comprised of poll workers who serve

14  as clerks or inspectors two election boards for each precinct

15  in the county; however, the supervisor of elections may, in

16  any election, appoint one election board if the supervisor has

17  reason to believe that only one is necessary. The clerk shall

18  be in charge of, and responsible for, seeing that the election

19  board carries out its duties and responsibilities. Each

20  inspector and each clerk shall take and subscribe to an oath

21  or affirmation, which shall be written or printed, to the

22  effect that he or she will perform the duties of inspector or

23  clerk of election, respectively, according to law and will

24  endeavor to prevent all fraud, deceit, or abuse in conducting

25  the election. The oath may be taken before an officer

26  authorized to administer oaths or before any of the persons

27  who are to act as inspectors, one of them to swear the others,

28  and one of the others sworn thus, in turn, to administer the

29  oath to the one who has not been sworn.  The oaths shall be

30  returned with the poll list and the returns of the election to

31  the supervisor. In all questions that may arise before the

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 1  members of an election board, the decision of a majority of

 2  them shall decide the question.  The supervisor of elections

 3  of each county shall be responsible for the attendance and

 4  diligent performance of his or her duties by each clerk and

 5  inspector.

 6         (2)  Each member of the election board shall be able to

 7  read and write the English language and shall be a registered

 8  qualified elector of the county in which the member is

 9  appointed or a person who has preregistered to vote, pursuant

10  to s. 97.041(1)(b), in the county in which the member is

11  appointed. No election board shall be composed solely of

12  members of one political party; however, in any primary in

13  which only one party has candidates appearing on the ballot,

14  all clerks and inspectors may be of that party. Any person

15  whose name appears as an opposed candidate for any office

16  shall not be eligible to serve on an election board.

17         (3)  The supervisor shall furnish inspectors of

18  election for each precinct with the list of registered voters

19  for the precinct registration books divided alphabetically as

20  will best facilitate the holding of an election. The

21  supervisor shall also furnish to the inspectors of election at

22  the polling place at each precinct in the supervisor's county

23  a sufficient number of forms and blanks for use on election

24  day.

25         (4)(a)  The election board of each precinct shall

26  attend the polling place by 6 a.m. of the day of the election

27  and shall arrange the furniture, stationery, and voting

28  equipment.

29         (b)  The An election board shall conduct the voting,

30  beginning and closing at the time set forth in s. 100.011. If

31  more than one board has been appointed, the second board

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 1  shall, upon the closing of the polls, come on duty and count

 2  the votes cast. In such case, the first board shall turn over

 3  to the second board all closed ballot boxes, registration

 4  books, and other records of the election at the time the

 5  boards change.  The second board shall continue counting until

 6  the count is complete or until 7 a.m. the next morning, and,

 7  if the count is not completed at that time, the first board

 8  that conducted the election shall again report for duty and

 9  complete the count. The second board shall turn over to the

10  first board all ballots counted, all ballots not counted, and

11  all registration books and other records and shall advise the

12  first board as to what has transpired in tabulating the

13  results of the election.

14         (5)  In precincts in which there are more than 1,000

15  registered electors, the supervisor of elections shall appoint

16  additional election boards necessary for the election.

17         (6)  In any precinct in which there are fewer than 300

18  registered electors, it is not necessary to appoint two

19  election boards, but one such board will suffice. Such board

20  shall be composed of at least one inspector and one clerk.

21         Section 50.  Subsections (1), (2), (3), and (5) of

22  section 102.014, Florida Statutes, is amended to read:

23         102.014  Poll worker recruitment and training.--

24         (1)  The supervisor of elections shall conduct training

25  for inspectors, clerks, and deputy sheriffs prior to each

26  primary, general, and special election for the purpose of

27  instructing such persons in their duties and responsibilities

28  as election officials. The Division of Elections shall develop

29  a statewide uniform training curriculum for poll workers, and

30  each supervisor shall use such curriculum in training poll

31  workers. A certificate may be issued by the supervisor of

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 1  elections to each person completing such training. No person

 2  shall serve as an inspector, clerk, or deputy sheriff for an

 3  election unless such person has completed the training as

 4  required. A clerk may not work at the polls unless he or she

 5  demonstrates a working knowledge of the laws and procedures

 6  relating to voter registration, voting system operation,

 7  balloting and polling place procedures, and problem-solving

 8  and conflict-resolution skills.

 9         (2)  A person who has attended previous training

10  conducted within 2 years before the election may be appointed

11  by the supervisor to fill a vacancy on an election board day.

12  If no person with prior training is available to fill such

13  vacancy, the supervisor of elections may fill such vacancy in

14  accordance with the provisions of subsection (3) from among

15  persons who have not received the training required by this

16  section.

17         (3)  In the case of absence or refusal to act on the

18  part of any inspector or clerk at any precinct on the day of

19  an election, the supervisor shall appoint a replacement who

20  meets the qualifications prescribed in s. 102.012(2).  The

21  inspector or clerk so appointed shall be a member of the same

22  political party as the clerk or inspector whom he or she

23  replaces.

24         (5)  The Department of State shall create a uniform

25  polling place procedures manual and adopt the manual by rule.

26  Each supervisor of elections shall ensure that the manual is

27  available in hard copy or electronic form in every polling

28  place precinct in the supervisor's jurisdiction on election

29  day. The manual shall guide inspectors, clerks, and deputy

30  sheriffs in the proper implementation of election procedures

31  and laws. The manual shall be indexed by subject, and written

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 1  in plain, clear, unambiguous language. The manual shall

 2  provide specific examples of common problems encountered at

 3  the polls on election day, and detail specific procedures for

 4  resolving those problems. The manual shall include, without

 5  limitation:

 6         (a)  Regulations governing solicitation by individuals

 7  and groups at the polling place;

 8         (b)  Procedures to be followed with respect to voters

 9  whose names are not on the precinct register;

10         (c)  Proper operation of the voting system;

11         (d)  Ballot handling procedures;

12         (e)  Procedures governing spoiled ballots;

13         (f)  Procedures to be followed after the polls close;

14         (g)  Rights of voters at the polls;

15         (h)  Procedures for handling emergency situations;

16         (i)  Procedures for dealing with irate voters;

17         (j)  The handling and processing of provisional

18  ballots; and

19         (k)  Security procedures.

20  

21  The Department of State shall revise the manual as necessary

22  to address new procedures in law or problems encountered by

23  voters and poll workers at the precincts.

24         Section 51.  Section 102.031, Florida Statutes, is

25  amended to read:

26         102.031  Maintenance of good order at polls;

27  authorities; persons allowed in polling rooms and early voting

28  areas; unlawful solicitation of voters.--

29         (1)  Each election board shall possess full authority

30  to maintain order at the polls and enforce obedience to its

31  

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 1  lawful commands during an election and the canvass of the

 2  votes.

 3         (2)  The sheriff shall deputize a deputy sheriff for

 4  each polling place and each early voting site who shall be

 5  present during the time the polls or early voting sites are

 6  open and until the election is completed, who shall be subject

 7  to all lawful commands of the clerk or inspectors, and who

 8  shall maintain good order. The deputy may summon assistance

 9  from among bystanders to aid him or her when necessary to

10  maintain peace and order at the polls or early voting sites.

11         (3)(a)  No person may enter any polling room or polling

12  place where the polling place is also a polling room, or any

13  early voting area during voting hours except the following:

14         1.  Official poll watchers;

15         2.  Inspectors;

16         3.  Election clerks;

17         4.  The supervisor of elections or his or her deputy;

18         5.  Persons there to vote, persons in the care of a

19  voter, or persons caring for such voter;

20         6.  Law enforcement officers or emergency service

21  personnel there with permission of the clerk or a majority of

22  the inspectors; or

23         7.  A person, whether or not a registered voter, who is

24  assisting with or participating in a simulated election for

25  minors, as approved by the supervisor of elections.

26         (b)  The restriction in this subsection does not apply

27  where the polling room is in an area commonly traversed by the

28  public in order to gain access to businesses or homes or in an

29  area traditionally utilized as a public area for discussion.

30         (4)(a)(c)  No person, political committee, committee of

31  continuous existence, or other group or organization may

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 1  solicit voters inside the polling place or within 100 50 feet

 2  of the entrance to any polling place, or polling room where

 3  the polling place is also a polling room, or early voting

 4  site. Before the opening of the polling place or early voting

 5  site, the clerk or supervisor shall designate the

 6  no-solicitation zone and mark the boundaries. on the day of

 7  any election.

 8         1.  Solicitation shall not be restricted if:

 9         a.  Conducted from a separately marked area within the

10  50-foot zone so as not to disturb, hinder, impede, obstruct,

11  or interfere with voter access to the polling place or polling

12  room entrance; and

13         b.  The solicitation activities and subject matter are

14  clearly and easily identifiable by the voters as an activity

15  in which they may voluntarily participate; or

16         c.  Conducted on property within the 50-foot zone which

17  is a residence, established business, private property,

18  sidewalk, park, or property traditionally utilized as a public

19  area for discussion.

20         2.  Solicitation shall not be permitted within the

21  50-foot zone on a public sidewalk or other similar means of

22  access to the polling room if it is clearly identifiable to

23  the poll workers that the solicitation is impeding,

24  obstructing, or interfering with voter access to the polling

25  room or polling place.

26         (b)(d)  For the purpose of this subsection, the term

27  "solicit" shall include, but not be limited to, seeking or

28  attempting to seek any vote, fact, opinion, or contribution;

29  distributing or attempting to distribute any political or

30  campaign material, leaflet, or handout; conducting a poll;

31  

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 1  seeking or attempting to seek a signature on any petition; and

 2  selling or attempting to sell any item.

 3         (c)(e)  Each supervisor of elections shall inform the

 4  clerk of each precinct of the area within which soliciting is

 5  unlawful, based on the particular characteristics of that

 6  polling place. The supervisor or the clerk may take any

 7  reasonable action necessary to ensure order at the polling

 8  places, including, but not limited to, which shall include:

 9         1.  Designating a specific area for soliciting pursuant

10  to paragraph (c) of this subsection, or

11         2.  having disruptive and unruly persons removed by law

12  enforcement officers from the polling room or place or from

13  the 100-foot 50-foot zone surrounding the polling place.

14         (5)  No photography is permitted in the polling room or

15  early voting area.

16         Section 52.  Section 102.071, Florida Statutes, is

17  amended to read:

18         102.071  Tabulation of votes and proclamation of

19  results where ballots are used.--

20         (1)  Beginning the 60th day before each election or 5

21  days following a primary election, whichever is sooner, each

22  supervisor of elections shall post on its website in a manner

23  specified by the Division of Elections and make publicly

24  available the total number of absentee ballots requested,

25  mailed, and returned, and the total number of rejected ballots

26  for that election as of that date. For any supervisor of

27  elections who does not maintain a website, the Division of

28  Elections shall post the required information on its website.

29  This information shall be posted with the results broken down

30  by party affiliation. Each supervisor of elections shall

31  prepare an electronic data file listing the individual voters

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 1  who have requested an absentee ballot, have been mailed an

 2  absentee ballot, or have returned an absentee ballot. This

 3  information shall be updated and made available no later than

 4  noon each day. Such information shall contemporaneously be

 5  provided to the Division of Elections. The Division of

 6  Elections may adopt rules to administer this subsection. The

 7  Division of Elections may require that such information be

 8  provided to it electronically and in a manner specified by the

 9  Division of Elections.

10         (2)  During any early voting period, each supervisor of

11  elections shall post on its website in a manner specified by

12  the Division of Elections and make publicly available the

13  total number of early votes by party affiliation and the total

14  number of all early votes cast at each early voting location

15  for all voters who cast a ballot during early voting the

16  previous day. For any supervisor of elections who does not

17  maintain a website, the Division of Elections shall post the

18  required information on its website. Each supervisor of

19  elections shall prepare an electronic data file listing the

20  individual voters who cast a ballot during the early voting

21  period. This information shall be updated and made available

22  no later than noon each day. Such information shall

23  contemporaneously be provided to the Division of Elections.

24  The Division of Elections may adopt rules to administer this

25  subsection. The Division of Elections may require that such

26  information be provided to it electronically and in a manner

27  specified by the Division of Elections.

28         (3)  The election board shall post at the polls, for

29  the benefit of the public, the results of the voting for each

30  office or other item on the ballot as the count is completed.

31  Upon completion of all counts in all races, a certificate

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 1  triplicate certificates of the results shall be drawn up by

 2  the inspectors and clerk at each precinct upon a form provided

 3  by the supervisor of elections which shall contain the name of

 4  each person voted for, for each office, and the number of

 5  votes cast for each person for such office; and, if any

 6  question is submitted, the certificate shall also contain the

 7  number of votes cast for and against the question. The

 8  certificate shall be signed by the inspectors and clerk and,

 9  and one of the certificates shall be delivered without delay

10  by one of the inspectors, securely sealed, to the supervisor

11  for immediate publication; the duplicate copy of the

12  certificate shall be delivered to the county court judge; and

13  the remaining copy shall be enclosed in the ballot box

14  together with the oaths of inspectors and clerks. All the

15  ballot boxes, ballots, ballot stubs, memoranda, and papers of

16  all kinds used in the election shall also be transmitted,

17  after being sealed by the inspectors, to with the certificates

18  of result of the election to be filed in the supervisor's

19  office. Registration books and the poll lists shall not be

20  placed in the ballot boxes but shall be returned to the

21  supervisor.

22         Section 53.  Section 102.111, Florida Statutes, is

23  amended to read:

24         102.111  Elections Canvassing Commission.--

25         (1)  The Elections Canvassing Commission shall consist

26  of the Governor and two members of the Cabinet selected by the

27  Governor. If a member of the Elections Canvassing Commission

28  is unable to serve for any reason, the Governor shall appoint

29  a remaining member of the Cabinet. If there is a further

30  vacancy, the remaining members of the commission shall agree

31  on another elected official to fill the vacancy. The Elections

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 1  Canvassing Commission shall, as soon as the official results

 2  are compiled from all counties, certify the returns of the

 3  election and determine and declare who has been elected for

 4  each federal, state, and multicounty office. If a member of a

 5  county canvassing board that was constituted pursuant to s.

 6  102.141 determines, within 5 days after the certification by

 7  the Elections Canvassing Commission, that a typographical

 8  error occurred in the official returns of the county, the

 9  correction of which could result in a change in the outcome of

10  an election, the county canvassing board must certify

11  corrected returns to the Department of State within 24 hours,

12  and the Elections Canvassing Commission must correct and

13  recertify the election returns as soon as practicable.

14         (2)  The Division of Elections shall provide the staff

15  services required by the Elections Canvassing Commission.

16         Section 54.  Section 102.112, Florida Statutes, is

17  amended to read:

18         102.112  Deadline for submission of county returns to

19  the Department of State.--

20         (1)  The county canvassing board or a majority thereof

21  shall file the county returns for the election of a federal or

22  state officer with the Department of State immediately after

23  certification of the election results. The returns must

24  contain a certification by the canvassing board that the board

25  has reconciled the number of persons who voted with the number

26  of ballots counted and that the certification includes all

27  valid votes cast in the election.

28         (2)  Returns must be filed by 5 p.m. on the 7th day

29  following a primary election and by 5 p.m. on the 11th day

30  following the general election.  However, the Department of

31  State may correct typographical errors, including the

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 1  transposition of numbers, in any returns submitted to the

 2  Department of State pursuant to s. 102.111(1).

 3         (3)  If the returns are not received by the department

 4  by the time specified, such returns shall be ignored and the

 5  results on file at that time shall be certified by the

 6  department.

 7         (4)  If the returns are not received by the department

 8  due to an emergency, as defined in s. 101.732, the Elections

 9  Canvassing Commission shall determine the deadline by which

10  the returns must be received.

11         Section 55.  Section 102.141, Florida Statutes, is

12  amended to read:

13         102.141  County canvassing board; duties.--

14         (1)  The county canvassing board shall be composed of

15  the supervisor of elections; a county court judge, who shall

16  act as chair; and the chair of the board of county

17  commissioners. In the event any member of the county

18  canvassing board is unable to serve, is a candidate who has

19  opposition in the election being canvassed, or is an active

20  participant in the campaign or candidacy of any candidate who

21  has opposition in the election being canvassed, such member

22  shall be replaced as follows:

23         (a)  If no county court judge is able to serve or if

24  all are disqualified, the chief judge of the judicial circuit

25  in which the county is located shall appoint as a substitute

26  member a qualified elector of the county who is not a

27  candidate with opposition in the election being canvassed and

28  who is not an active participant in the campaign or candidacy

29  of any candidate with opposition in the election being

30  canvassed.  In such event, the members of the county

31  canvassing board shall meet and elect a chair.

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 1         (b)  If the supervisor of elections is unable to serve

 2  or is disqualified, the chair of the board of county

 3  commissioners shall appoint as a substitute member a member of

 4  the board of county commissioners who is not a candidate with

 5  opposition in the election being canvassed and who is not an

 6  active participant in the campaign or candidacy of any

 7  candidate with opposition in the election being canvassed.

 8  The supervisor, however, shall act in an advisory capacity to

 9  the canvassing board.

10         (c)  If the chair of the board of county commissioners

11  is unable to serve or is disqualified, the board of county

12  commissioners shall appoint as a substitute member one of its

13  members who is not a candidate with opposition in the election

14  being canvassed and who is not an active participant in the

15  campaign or candidacy of any candidate with opposition in the

16  election being canvassed.

17         (d)  If a substitute member cannot be appointed as

18  provided elsewhere in this subsection, the chief judge of the

19  judicial circuit in which the county is located shall appoint

20  as a substitute member a qualified elector of the county who

21  is not a candidate with opposition in the election being

22  canvassed and who is not an active participant in the campaign

23  or candidacy of any candidate with opposition in the election

24  being canvassed.

25         (2)  The county canvassing board shall meet in a

26  building accessible to the public in the county where the

27  election occurred at a time and place to be designated by the

28  supervisor of elections to publicly canvass the absentee

29  electors' ballots as provided for in s. 101.68 and provisional

30  ballots as provided by ss. 101.048, 101.049, and 101.6925.

31  Provisional ballots cast pursuant to s. 101.049 shall be

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 1  canvassed in a manner that votes for candidates and issues on

 2  those ballots can be segregated from other votes. Public

 3  notice of the time and place at which the county canvassing

 4  board shall meet to canvass the absentee electors' ballots and

 5  provisional ballots shall be given at least 48 hours prior

 6  thereto by publication once in one or more newspapers of

 7  general circulation in the county or, if there is no newspaper

 8  of general circulation in the county, by posting such notice

 9  in at least four conspicuous places in the county. As soon as

10  the absentee electors' ballots and the provisional ballots are

11  canvassed, the board shall proceed to publicly canvass the

12  vote given each candidate, nominee, constitutional amendment,

13  or other measure submitted to the electorate of the county, as

14  shown by the returns then on file in the office of the

15  supervisor of elections and the office of the county court

16  judge.

17         (3)  The canvass, except the canvass of absentee

18  electors' returns and the canvass of provisional ballots,

19  shall be made from the returns and certificates of the

20  inspectors as signed and filed by them with the county court

21  judge and supervisor, respectively, and the county canvassing

22  board shall not change the number of votes cast for a

23  candidate, nominee, constitutional amendment, or other measure

24  submitted to the electorate of the county, respectively, in

25  any polling place, as shown by the returns.  All returns shall

26  be made to the board on or before 2 a.m. of the day following

27  any primary, general, special, or other election.  If the

28  returns from any precinct are missing, if there are any

29  omissions on the returns from any precinct, or if there is an

30  obvious error on any such returns, the canvassing board shall

31  order a retabulation recount of the returns from such

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 1  precinct.  Before canvassing such returns, the canvassing

 2  board shall examine the tabulation of the ballots cast in such

 3  precinct and determine whether the returns correctly reflect

 4  the votes cast.  If there is a discrepancy between the returns

 5  and the tabulation of the ballots cast, the tabulation of the

 6  ballots cast shall be presumed correct and such votes shall be

 7  canvassed accordingly.

 8         (4)  The canvassing board shall submit on forms or in

 9  formats provided by the division unofficial returns to the

10  Department of State for each federal, statewide, state, or

11  multicounty office or ballot measure no later than noon on the

12  third second day after any primary election and no later than

13  noon on the fifth day after any, general, special, or other

14  election.  Such returns shall include the canvass of all

15  ballots as required by subsection (2), except for provisional

16  ballots, which returns shall be reported at the time required

17  for official returns pursuant to s. 102.112(2).

18         (5)  If the county canvassing board determines that the

19  unofficial returns may contain a counting error in which the

20  vote tabulation system failed to count votes that were

21  properly marked in accordance with the instructions on the

22  ballot, the county canvassing board shall:

23         (a)  Correct the error and retabulate recount the

24  affected ballots with the vote tabulation system; or

25         (b)  Request that the Department of State verify the

26  tabulation software.  When the Department of State verifies

27  such software, the department shall compare the software used

28  to tabulate the votes with the software filed with the

29  department pursuant to s. 101.5607 and check the election

30  parameters.

31  

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 1         (6)  If the unofficial returns reflect that a candidate

 2  for any office was defeated or eliminated by one-half of a

 3  percent or less of the votes cast for such office, that a

 4  candidate for retention to a judicial office was retained or

 5  not retained by one-half of a percent or less of the votes

 6  cast on the question of retention, or that a measure appearing

 7  on the ballot was approved or rejected by one-half of a

 8  percent or less of the votes cast on such measure, the board

 9  responsible for certifying the results of the vote on such

10  race or measure shall order a recount of the votes cast with

11  respect to such office or measure. The Elections Canvassing

12  Commission is the board responsible for ordering federal,

13  state, and multi county recounts. A recount need not be

14  ordered with respect to the returns for any office, however,

15  if the candidate or candidates defeated or eliminated from

16  contention for such office by one-half of a percent or less of

17  the votes cast for such office request in writing that a

18  recount not be made.

19         (a)  In counties with voting systems that use paper

20  ballots, Each canvassing board responsible for conducting a

21  recount shall put each marksense ballot through automatic

22  tabulating equipment and determine whether the returns

23  correctly reflect the votes cast. If any marksense paper

24  ballot is physically damaged so that it cannot be properly

25  counted by the automatic tabulating equipment during the

26  recount, a true duplicate shall be made of the damaged ballot

27  pursuant to the procedures in s. 101.5614(5). Immediately

28  before the start of the recount and after completion of the

29  count, a test of the tabulating equipment shall be conducted

30  as provided in s. 101.5612. If the test indicates no error,

31  the recount tabulation of the ballots cast shall be presumed

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 1  correct and such votes shall be canvassed accordingly. If an

 2  error is detected, the cause therefor shall be ascertained and

 3  corrected and the recount repeated, as necessary. The

 4  canvassing board shall immediately report the error, along

 5  with the cause of the error and the corrective measures being

 6  taken, to the Department of State. No later than 11 days after

 7  the election, the canvassing board shall file a separate

 8  incident report with the Department of State, detailing the

 9  resolution of the matter and identifying any measures that

10  will avoid a future recurrence of the error.

11         (b)  In counties with voting systems that do not use

12  paper ballots, Each canvassing board responsible for

13  conducting a recount where touchscreen ballots were used shall

14  examine the counters on the precinct tabulators to ensure that

15  the total of the returns on the precinct tabulators equals the

16  overall election return. If there is a discrepancy between the

17  overall election return and the counters of the precinct

18  tabulators, the counters of the precinct tabulators shall be

19  presumed correct and such votes shall be canvassed

20  accordingly.

21         (c)  The canvassing board shall submit on forms or in

22  formats provided by the division a second set of unofficial

23  returns to the Department of State for each federal,

24  statewide, state, or multicounty office or ballot measure no

25  later than 3 p.m. noon on the fifth third day after any

26  primary election and no later than 3 p.m. on the eighth day

27  after any general election in which a recount was conducted

28  pursuant to this subsection. If the canvassing board is unable

29  to complete the recount prescribed in this subsection by the

30  deadline, the second set of unofficial returns submitted by

31  the canvassing board shall be identical to the initial

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 1  unofficial returns and the submission shall also include a

 2  detailed explanation of why it was unable to timely complete

 3  the recount. However, the canvassing board shall complete the

 4  recount prescribed in this subsection, along with any manual

 5  recount prescribed in s. 102.166, and certify election returns

 6  in accordance with the requirements of this chapter.

 7         (d)  The Department of State shall adopt detailed rules

 8  prescribing additional recount procedures for each certified

 9  voting system, which shall be uniform to the extent

10  practicable.

11         (7)  The canvassing board may employ such clerical help

12  to assist with the work of the board as it deems necessary,

13  with at least one member of the board present at all times,

14  until the canvass of the returns is completed. The clerical

15  help shall be paid from the same fund as inspectors and other

16  necessary election officials.

17         (8)(a)  At the same time that the official results of

18  an election are certified to the Department of State, the

19  county canvassing board shall file a report with the Division

20  of Elections on the conduct of the election. The report must

21  describe:

22         1.  All equipment or software malfunctions at the

23  precinct level, at a counting location, or within computer and

24  telecommunications networks supporting a county location, and

25  the steps that were taken to address the malfunctions;

26         2.  All election definition errors that were discovered

27  after the logic and accuracy test, and the steps that were

28  taken to address the errors;

29         3.  All ballot printing errors or ballot supply

30  problems, and the steps that were taken to address the errors

31  or problems;

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 1         4.  All staffing shortages or procedural violations by

 2  employees or precinct workers which were addressed by the

 3  supervisor of elections or the county canvassing board during

 4  the conduct of the election, and the steps that were taken to

 5  correct such issues;

 6         5.  All instances where needs for staffing or equipment

 7  were insufficient to meet the needs of the voters; and

 8         6.  Any additional information regarding material

 9  issues or problems associated with the conduct of the

10  election.

11         (b)  If a supervisor discovers new or additional

12  information on any of the items required to be included in the

13  report pursuant to paragraph (a) after the report is filed,

14  the supervisor shall notify the division that new information

15  has been discovered no later than the next business day after

16  the discovery and the supervisor shall file an amended report

17  signed by the supervisor of elections on the conduct of the

18  election within 10 days after the discovery. shall contain

19  information relating to any problems incurred as a result of

20  equipment malfunctions either at the precinct level or at a

21  counting location, any difficulties or unusual circumstances

22  encountered by an election board or the canvassing board, and

23  any other additional information which the canvassing board

24  feels should be made a part of the official election record.

25         (c)  Such reports shall be maintained on file in the

26  Division of Elections and shall be available for public

27  inspection. The division shall utilize the reports submitted

28  by the canvassing boards to determine what problems may be

29  likely to occur in other elections and disseminate such

30  information, along with possible solutions, to the supervisors

31  of elections.

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 1         (9)  The supervisor shall file with the department a

 2  copy of or an export file from the results database of the

 3  county's voting system and other statistical information as

 4  may be required by the department, the Legislature, or the

 5  Election Assistance Commission. The department shall adopt

 6  rules establishing the required content and acceptable formats

 7  for the filings and time for filings.

 8         Section 56.  Section 102.166, Florida Statutes, is

 9  amended to read:

10         102.166  Manual recounts.--

11         (1)  If the second set of unofficial returns pursuant

12  to s. 102.141 indicates that a candidate for any office was

13  defeated or eliminated by one-quarter of a percent or less of

14  the votes cast for such office, that a candidate for retention

15  to a judicial office was retained or not retained by

16  one-quarter of a percent or less of the votes cast on the

17  question of retention, or that a measure appearing on the

18  ballot was approved or rejected by one-quarter of a percent or

19  less of the votes cast on such measure, the board responsible

20  for certifying the results of the vote on such race or measure

21  shall order a manual recount of the overvotes and undervotes

22  cast in the entire geographic jurisdiction of such office or

23  ballot measure. A manual recount may not be ordered, however,

24  if the number of overvotes, undervotes, and provisional

25  ballots is fewer than the number of votes needed to change the

26  outcome of the election.

27         (2)(a)  If the second set of unofficial returns

28  pursuant to s. 102.141 indicates that a candidate for any

29  office was defeated or eliminated by between one-quarter and

30  one-half of a percent of the votes cast for such office, that

31  a candidate for retention to judicial office was retained or

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 1  not retained by between one-quarter and one-half of a percent

 2  of the votes cast on the question of retention, or that a

 3  measure appearing on the ballot was approved or rejected by

 4  between one-quarter and one-half of a percent of the votes

 5  cast on such measure, any such candidate, the political party

 6  of such candidate, or any political committee that supports or

 7  opposes such ballot measure is entitled to a manual recount of

 8  the overvotes and undervotes cast in the entire geographic

 9  jurisdiction of such office or ballot measure, provided that a

10  request for a manual recount is made by 5 p.m. on the third

11  day after the election.

12         (b)  For federal, statewide, state, and multicounty

13  races and ballot issues, requests for a manual recount shall

14  be made in writing to the state Elections Canvassing

15  Commission.  For all other races and ballot issues, requests

16  for a manual recount shall be made in writing to the county

17  canvassing board.

18         (c)  Upon receipt of a proper and timely request, the

19  Elections Canvassing Commission or county canvassing board

20  shall immediately order a manual recount of overvotes and

21  undervotes in all affected jurisdictions.

22         (2)(3)(a)  Any hardware or software used to identify

23  and sort overvotes and undervotes for a given race or ballot

24  measure must be certified by the Department of State as part

25  of the voting system pursuant to s. 101.015. Any such hardware

26  or software must be capable of simultaneously counting votes.

27  For certified voting systems, the department shall certify

28  such hardware or software by July 1, 2002. If the department

29  is unable to certify such hardware or software for a certified

30  voting system by July 1, 2002, the department shall adopt

31  rules prescribing procedures for identifying and sorting such

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 1  overvotes and undervotes. The department's rules may provide

 2  for the temporary use of hardware or software whose sole

 3  function is identifying and sorting overvotes and undervotes.

 4         (b)  This subsection does not preclude the department

 5  from certifying hardware or software after July 1, 2002.

 6         (b)(c)  Overvotes and undervotes shall be identified

 7  and sorted while recounting ballots pursuant to s. 102.141, if

 8  the hardware or software for this purpose has been certified

 9  or the department's rules so provide.

10         (3)(4)  Any manual recount shall be open to the public.

11         (4)(5)(a)  A vote for a candidate or ballot measure

12  shall be counted if there is a clear indication on the ballot

13  that the voter has made a definite choice.

14         (b)  The Department of State shall adopt specific rules

15  for each certified voting system prescribing what constitutes

16  a "clear indication on the ballot that the voter has made a

17  definite choice."  The rules may not:

18         1.  Exclusively provide that the voter must properly

19  mark or designate his or her choice on the ballot; or

20         2.  Contain a catch-all provision that fails to

21  identify specific standards, such as "any other mark or

22  indication clearly indicating that the voter has made a

23  definite choice."

24         (5)(6)  Procedures for a manual recount are as follows:

25         (a)  The county canvassing board shall appoint as many

26  counting teams of at least two electors as is necessary to

27  manually recount the ballots. A counting team must have, when

28  possible, members of at least two political parties. A

29  candidate involved in the race shall not be a member of the

30  counting team.

31  

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 1         (b)  Each duplicate ballot prepared pursuant to s.

 2  101.5614(5) or s. 102.141(6) shall be compared with the

 3  original ballot to ensure the correctness of the duplicate.

 4         (c)  If a counting team is unable to determine whether

 5  the ballot contains a clear indication that the voter has made

 6  a definite choice, the ballot shall be presented to the county

 7  canvassing board for a determination.

 8         (d)  The Department of State shall adopt detailed rules

 9  prescribing additional recount procedures for each certified

10  voting system which shall be uniform to the extent

11  practicable. The rules shall address, at a minimum, the

12  following areas:

13         1.  Security of ballots during the recount process;

14         2.  Time and place of recounts;

15         3.  Public observance of recounts;

16         4.  Objections to ballot determinations;

17         5.  Record of recount proceedings; and

18         6.  Procedures relating to candidate and petitioner

19  representatives.

20         Section 57.  Subsections (2) and (4) of section

21  102.168, Florida Statutes, are amended to read:

22         102.168  Contest of election.--

23         (2)  Such contestant shall file a complaint, together

24  with the fees prescribed in chapter 28, with the clerk of the

25  circuit court within 10 days after midnight of the date the

26  last board responsible for certifying the results officially

27  county canvassing board empowered to canvass the returns

28  certifies the results of the election being contested.

29         (4)  The county canvassing board is an indispensable

30  and or Elections Canvassing Commission shall be the proper

31  party defendant in county and local elections; the Elections

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 1  Canvassing Commission is an indispensable and proper party

 2  defendant in federal, state, and multicounty races;, and the

 3  successful candidate is shall be an indispensable party to any

 4  action brought to contest the election or nomination of a

 5  candidate.

 6         Section 58.  Subsections (1) and (4) of section

 7  103.021, Florida Statutes, are amended to read:

 8         103.021  Nomination for presidential

 9  electors.--Candidates for presidential electors shall be

10  nominated in the following manner:

11         (1)  The Governor shall nominate the presidential

12  electors of each political party. The state executive

13  committee of each political party shall by resolution

14  recommend candidates for presidential electors and deliver a

15  certified copy thereof to the Governor before September 1 of

16  each presidential election year. The Governor He or she shall

17  nominate only the electors recommended by the state executive

18  committee of the respective political party.  Each such

19  elector shall be a qualified elector of the party he or she

20  represents who has taken an oath that he or she will vote for

21  the candidates of the party that he or she is nominated to

22  represent.  The Governor shall certify to the Department of

23  State on or before September 1, in each presidential election

24  year, the names of a number of electors for each political

25  party equal to the number of senators and representatives

26  which this state has in Congress.

27         (4)(a)  A minor political party that is affiliated with

28  a national party holding a national convention to nominate

29  candidates for President and Vice President of the United

30  States may have the names of its candidates for President and

31  Vice President of the United States printed on the general

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 1  election ballot by filing with the Department of State a

 2  certificate naming the candidates for President and Vice

 3  President and listing the required number of persons to serve

 4  as electors. Notification to the Department of State under

 5  this subsection shall be made by September 1 of the year in

 6  which the election is held.  When the Department of State has

 7  been so notified, it shall order the names of the candidates

 8  nominated by the minor political party to be included on the

 9  ballot and shall permit the required number of persons to be

10  certified as electors in the same manner as other party

11  candidates. As used in this section, the term "national party"

12  means a political party established and admitted to the ballot

13  in at least one state other than Florida and the term

14  "national convention" means any caucus, convention, meeting,

15  or any other assembly of a political party gathered, whether

16  or not such meeting is held in person or by telephonic or

17  electronic means, with the intent of nominating candidates for

18  President and Vice President of the United States.

19         (b)  A minor political party that is not affiliated

20  with a national party holding a national convention to

21  nominate candidates for President and Vice President of the

22  United States may have the names of its candidates for

23  President and Vice President printed on the general election

24  ballot if a petition is signed by 1 percent of the registered

25  electors of this state, as shown by the compilation by the

26  Department of State for the preceding general election.  A

27  separate petition from each county for which signatures are

28  solicited shall be submitted to the supervisors of elections

29  of the respective county no later than July 15 of each

30  presidential election year.  The supervisor shall check the

31  names and, on or before the date of the first primary, shall

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 1  certify the number shown as registered electors of the county.

 2  The supervisor shall be paid by the person requesting the

 3  certification the cost of checking the petitions as prescribed

 4  in s. 99.097.  The supervisor shall then forward the

 5  certificate to the Department of State, which shall determine

 6  whether or not the percentage factor required in this section

 7  has been met.  When the percentage factor required in this

 8  section has been met, the Department of State shall order the

 9  names of the candidates for whom the petition was circulated

10  to be included on the ballot and shall permit the required

11  number of persons to be certified as electors in the same

12  manner as other party candidates.

13         Section 59.  Section 103.051, Florida Statutes, is

14  amended to read:

15         103.051  Congress sets meeting dates of electors.--The

16  presidential electors shall, at noon on the day that which is

17  directed by Congress and at the time fixed by the Governor,

18  meet at Tallahassee and perform the duties required of them by

19  the Constitution and laws of the United States.

20         Section 60.  Section 103.061, Florida Statutes, is

21  amended to read:

22         103.061  Meeting of electors and filling of

23  vacancies.--Each presidential elector shall, before 10 a.m. on

24  the day fixed by Congress to elect a President and Vice

25  President and at the time fixed by the Governor, give notice

26  to the Governor that the elector is in Tallahassee and ready

27  to perform the duties of presidential elector.  The Governor

28  shall forthwith deliver to the presidential electors present a

29  certificate of the names of all the electors; and if, on

30  examination thereof, it should be found that one or more

31  electors are absent, the electors present shall elect by

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 1  ballot, in the presence of the Governor, a person or persons

 2  to fill such vacancy or vacancies as may have occurred through

 3  the nonattendance of one or more of the electors.

 4         Section 61.  Section 103.121, Florida Statutes, is

 5  amended to read:

 6         103.121  Powers and duties of executive committees.--

 7         (1)(a)  Each state and county executive committee of a

 8  political party shall have the power and duty:

 9         1.  To adopt a constitution by two-thirds vote of the

10  full committee.

11         2.  To adopt such bylaws as it may deem necessary by

12  majority vote of the full committee.

13         3.  To conduct its meetings according to generally

14  accepted parliamentary practice.

15         4.  To make party nomination when required by law.

16         5.  To conduct campaigns for party nominees.

17         6.  To raise and expend party funds.  Such funds may

18  not be expended or committed to be expended except after

19  written authorization by the chair of the state or county

20  executive committee.

21         (b)  Except as otherwise provided in subsection (5),

22  The county executive committee shall receive payment of

23  assessments upon candidates to be voted for in a single county

24  except state senators and members of the House of

25  Representatives and representatives to the Congress of the

26  United States; and the state executive committees shall

27  receive all other assessments authorized. All party

28  assessments shall be 2 percent of the annual salary of the

29  office sought by the respective candidate.  All such committee

30  assessments shall be remitted to the state executive committee

31  

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 1  of the appropriate party and distributed in accordance with

 2  subsection (5) (6).

 3         (2)  The state executive committee shall by resolution

 4  recommend candidates for presidential electors and deliver a

 5  certified copy thereof to the Governor prior to September 1 of

 6  each presidential election year.

 7         (2)(3)  The chair and treasurer of an executive

 8  committee of any political party shall be accountable for the

 9  funds of such committee and jointly liable for their proper

10  expenditure for authorized purposes only.  The chair and

11  treasurer of the state executive committee of any political

12  party shall furnish adequate bond, but not less than $10,000,

13  conditioned upon the faithful performance by such party

14  officers of their duties and for the faithful accounting for

15  party funds which shall come into their hands; and the chair

16  and treasurer of a county executive committee of a political

17  party shall furnish adequate bond, but not less than $5,000,

18  conditioned as aforesaid.  A bond for the chair and treasurer

19  of the state executive committee of a political party shall be

20  filed with the Department of State.  A bond for the chair and

21  treasurer of a county executive committee shall be filed with

22  the supervisor of elections. The funds of each such state

23  executive committee shall be publicly audited at the end of

24  each calendar year and a copy of such audit furnished to the

25  Department of State for its examination prior to April 1 of

26  the ensuing year.  When filed with the Department of State,

27  copies of such audit shall be public documents.  The treasurer

28  of each county executive committee shall maintain adequate

29  records evidencing receipt and disbursement of all party funds

30  received by him or her, and such records shall be publicly

31  audited at the end of each calendar year and a copy of such

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 1  audit filed with the supervisor of elections and the state

 2  executive committee prior to April 1 of the ensuing year.

 3         (3)(4)  Any chair or treasurer of a state or county

 4  executive committee of any political party who knowingly

 5  misappropriates, or makes an unlawful expenditure of, or a

 6  false or improper accounting for, the funds of such committee

 7  is guilty of a felony of the third degree, punishable as

 8  provided in s. 775.082, s. 775.083, or s. 775.084.

 9         (4)(5)(a)  The central committee or other equivalent

10  governing body of each state executive committee shall adopt a

11  rule which governs the time and manner in which the respective

12  county executive committees of such party may endorse,

13  certify, screen, or otherwise recommend one or more candidates

14  for such party's nomination for election.  Upon adoption, such

15  rule shall provide the exclusive method by which a county

16  committee may so endorse, certify, screen, or otherwise

17  recommend.  No later than the date on which qualifying for

18  public office begins pursuant to s. 99.061, the chair of each

19  county executive committee shall notify in writing the

20  supervisor of elections of his or her county whether the

21  county executive committee has endorsed or intends to endorse,

22  certify, screen, or otherwise recommend candidates for

23  nomination pursuant to party rule.  A copy of such

24  notification shall be provided to the Secretary of State and

25  to the chair of the appropriate state executive committee. Any

26  county executive committee that endorses or intends to

27  endorse, certify, screen, or otherwise recommend one or more

28  candidates for nomination shall forfeit all party assessments

29  which would otherwise be returned to the county executive

30  committee; and such assessments shall be remitted instead to

31  the state executive committee of such party, the provisions of

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 1  paragraph (1)(b) to the contrary notwithstanding. No such

 2  funds so remitted to the state executive committee shall be

 3  paid, returned, or otherwise disbursed to the county executive

 4  committee under any circumstances. Any county executive

 5  committee that is in violation of any party rule after

 6  receiving the party assessment shall remit such party

 7  assessment to the state executive committee.

 8         (b)  Any state executive committee that endorses or

 9  intends to endorse, certify, screen, or otherwise recommend

10  one or more candidates for nomination shall forfeit all party

11  assessments which would otherwise be returned to the state

12  executive committee; and such assessments shall be remitted

13  instead to the General Revenue Fund of the state.  Any state

14  executive committee that is in violation of this section after

15  receiving the party assessment shall remit such party

16  assessment to the General Revenue Fund of the state.

17         (5)(6)  The state chair of each state executive

18  committee shall return the 2-percent committee assessment for

19  county candidates to the appropriate county executive

20  committees only upon receipt of a written statement that such

21  county executive committee chooses not to endorse, certify,

22  screen, or otherwise recommend one or more candidates for such

23  party's nomination for election and upon the state chair's

24  determination that the county executive committee is in

25  compliance with all Florida statutes and all state party

26  rules, bylaws, constitutions, and requirements.

27         Section 62.  Section 105.031, Florida Statutes, is

28  amended to read:

29         105.031  Qualification; filing fee; candidate's oath;

30  items required to be filed.--

31  

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 1         (1)  TIME OF QUALIFYING.--Except for candidates for

 2  judicial office, nonpartisan candidates for multicounty office

 3  shall qualify with the Division of Elections of the Department

 4  of State and nonpartisan candidates for countywide or less

 5  than countywide office shall qualify with the supervisor of

 6  elections. Candidates for judicial office other than the

 7  office of county court judge shall qualify with the Division

 8  of Elections of the Department of State, and candidates for

 9  the office of county court judge shall qualify with the

10  supervisor of elections of the county.  Candidates for

11  judicial office shall qualify no earlier than noon of the

12  120th day, and no later than noon of the 116th day, before the

13  first primary election. Candidates for the office of school

14  board member shall qualify no earlier than noon of the 50th

15  day, and no later than noon of the 46th day, before the first

16  primary election.  Filing shall be on forms provided for that

17  purpose by the Division of Elections and furnished by the

18  appropriate qualifying officer. Any person seeking to qualify

19  by the petition process alternative method, as set forth in s.

20  105.035, who if the person has submitted the necessary

21  petitions by the required deadline and is notified after the

22  fifth day prior to the last day for qualifying that the

23  required number of signatures has been obtained, shall be

24  entitled to subscribe to the candidate's oath and file the

25  qualifying papers at any time within 5 days from the date he

26  or she is notified that the necessary number of signatures has

27  been obtained.  Any person other than a write-in candidate who

28  qualifies within the time prescribed in this subsection shall

29  be entitled to have his or her name printed on the ballot.

30  

31  

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 1         (2)  FILING IN GROUPS OR DISTRICTS.--Candidates shall

 2  qualify in groups or districts where multiple offices are to

 3  be filled.

 4         (3)  QUALIFYING FEE.--Each candidate qualifying for

 5  election to a judicial office or the office of school board

 6  member, except write-in judicial or school board candidates,

 7  shall, during the time for qualifying, pay to the officer with

 8  whom he or she qualifies a qualifying fee, which shall consist

 9  of a filing fee and an election assessment, or qualify by the

10  petition process alternative method. The amount of the filing

11  fee is 3 percent of the annual salary of the office sought.

12  The amount of the election assessment is 1 percent of the

13  annual salary of the office sought.  The Department of State

14  shall forward all filing fees to the Department of Revenue for

15  deposit in the Elections Commission Trust Fund.  The

16  supervisor of elections shall forward all filing fees to the

17  Elections Commission Trust Fund.  The election assessment

18  shall be deposited into the Elections Commission Trust Fund.

19  The annual salary of the office for purposes of computing the

20  qualifying fee shall be computed by multiplying 12 times the

21  monthly salary authorized for such office as of July 1

22  immediately preceding the first day of qualifying.  This

23  subsection shall not apply to candidates qualifying for

24  retention to judicial office.

25         (4)  CANDIDATE'S OATH.--

26         (a)  All candidates for the office of school board

27  member shall subscribe to the oath as prescribed in s. 99.021.

28         (b)  All candidates for judicial office shall subscribe

29  to an oath or affirmation in writing to be filed with the

30  appropriate qualifying officer upon qualifying.  A printed

31  copy of the oath or affirmation shall be furnished to the

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 1  candidate by the qualifying officer and shall be in

 2  substantially the following form:

 3  

 4  State of Florida

 5  County of ....

 6         Before me, an officer authorized to administer oaths,

 7  personally appeared ...(please print name as you wish it to

 8  appear on the ballot)..., to me well known, who, being sworn,

 9  says he or she:  is a candidate for the judicial office of

10  ....; that his or her legal residence is .... County, Florida;

11  that he or she is a qualified elector of the state and of the

12  territorial jurisdiction of the court to which he or she seeks

13  election; that he or she is qualified under the constitution

14  and laws of Florida to hold the judicial office to which he or

15  she desires to be elected or in which he or she desires to be

16  retained; that he or she has taken the oath required by ss.

17  876.05-876.10, Florida Statutes; that he or she has qualified

18  for no other public office in the state, the term of which

19  office or any part thereof runs concurrent to the office he or

20  she seeks; and that he or she has resigned from any office

21  which he or she is required to resign pursuant to s. 99.012,

22  Florida Statutes.

23                                  ...(Signature of candidate)...

24                                                 ...(Address)...

25  

26  Sworn to and subscribed before me this .... day of ....,

27  ...(year)..., at .... County, Florida.

28       ...(Signature and title of officer administering oath)...

29  

30         (5)  ITEMS REQUIRED TO BE FILED.--

31  

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 1         (a)  In order for a candidate for judicial office or

 2  the office of school board member to be qualified, the

 3  following items must be received by the filing officer by the

 4  end of the qualifying period:

 5         1.  Except for candidates for retention to judicial

 6  office, a properly executed check drawn upon the candidate's

 7  campaign account in an amount not less than the fee required

 8  by subsection (3) or, in lieu thereof, the copy of the notice

 9  of obtaining ballot position pursuant to s. 105.035. If a

10  candidate's check is returned by the bank for any reason, the

11  filing officer shall immediately notify the candidate and the

12  candidate shall, the end of qualifying notwithstanding, have

13  48 hours from the time such notification is received,

14  excluding Saturdays, Sundays, and legal holidays, to pay the

15  fee with a cashier's check purchased from funds of the

16  campaign account.  Failure to pay the fee as provided in this

17  subparagraph shall disqualify the candidate.

18         2.  The candidate's oath required by subsection (4),

19  which must contain the name of the candidate as it is to

20  appear on the ballot; the office sought, including the

21  district or group number if applicable; and the signature of

22  the candidate, duly acknowledged.

23         3.  The loyalty oath required by s. 876.05, signed by

24  the candidate and duly acknowledged.

25         4.  The completed form for the appointment of campaign

26  treasurer and designation of campaign depository, as required

27  by s. 106.021. In addition, each candidate for judicial

28  office, including an incumbent judge, shall file a statement

29  with the qualifying officer, within 10 days after filing the

30  appointment of campaign treasurer and designation of campaign

31  depository, stating that the candidate has read and

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 1  understands the requirements of the Florida Code of Judicial

 2  Conduct. Such statement shall be in substantially the

 3  following form:

 4  

 5            Statement of Candidate for Judicial Office

 6  

 7  I, ...(name of candidate)..., a judicial candidate, have

 8  received, read, and understand the requirements of the Florida

 9  Code of Judicial Conduct.

10                                  ...(Signature of candidate)...

11                                                    ...(Date)...

12  

13         5.  The full and public disclosure of financial

14  interests required by s. 8, Art. II of the State Constitution

15  or the statement of financial interests required by s.

16  112.3145, whichever is applicable. A public officer who has

17  filed the full and public disclosure or statement of financial

18  interests with the Commission on Ethics or the supervisor of

19  elections prior to qualifying for office may file a copy of

20  that disclosure at the time of qualifying.

21         (b)  If the filing officer receives qualifying papers

22  that do not include all items as required by paragraph (a)

23  prior to the last day of qualifying, the filing officer shall

24  make a reasonable effort to notify the candidate of the

25  missing or incomplete items and shall inform the candidate

26  that all required items must be received by the close of

27  qualifying.  A candidate's name as it is to appear on the

28  ballot may not be changed after the end of qualifying.

29         (6)  Notwithstanding the qualifying period prescribed

30  in this section, a filing officer may accept and hold

31  qualifying papers submitted not earlier than 14 days prior to

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 1  the beginning of the qualifying period, to be processed and

 2  filed during the qualifying period.

 3         Section 63.  Section 105.035, Florida Statutes, is

 4  amended to read:

 5         105.035  Alternative method of qualifying for certain

 6  judicial offices and the office of school board member.--

 7         (1)  A person seeking to qualify for election to the

 8  office of circuit judge or county court judge or the office of

 9  school board member may qualify for election to such office by

10  means of the petitioning process prescribed in this section.

11  A person qualifying by this petition process is alternative

12  method shall not be required to pay the qualifying fee

13  required by this chapter. A person using this petitioning

14  process shall file an oath with the officer before whom the

15  candidate would qualify for the office stating that he or she

16  intends to qualify by this alternative method for the office

17  sought. Such oath shall be filed at any time after the first

18  Tuesday after the first Monday in January of the year in which

19  the election is held, but prior to the 21st day preceding the

20  first day of the qualifying period for the office sought. The

21  form of such oath shall be prescribed by the Division of

22  Elections.  No signatures shall be obtained until the person

23  has filed the oath prescribed in this subsection.

24         (2)  The Upon receipt of a written oath from a

25  candidate, the qualifying officer shall provide the candidate

26  with a petition format shall be prescribed by the Division of

27  Elections and shall to be used by the candidate to reproduce

28  petitions for circulation.  If the candidate is running for an

29  office that which will be grouped on the ballot with two or

30  more similar offices to be filled at the same election, the

31  candidate's petition must indicate, prior to the obtaining of

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 1  registered electors' signatures, for which group or district

 2  office the candidate is running.

 3         (3)  Each candidate for election to a judicial office

 4  or the office of school board member shall obtain the

 5  signature of a number of qualified electors equal to at least

 6  1 percent of the total number of registered electors of the

 7  district, circuit, county, or other geographic entity

 8  represented by the office sought as shown by the compilation

 9  by the Department of State for the last preceding general

10  election. A separate petition shall be circulated for each

11  candidate availing himself or herself of the provisions of

12  this section. Signatures may not be obtained until the

13  candidate has filed the appointment of campaign treasurer and

14  designation of campaign depository pursuant to s. 106.021.

15         (4)(a)  Each candidate seeking to qualify for election

16  to the office of circuit judge or the office of school board

17  member from a multicounty school district pursuant to this

18  section shall file a separate petition from each county from

19  which signatures are sought.  Each petition shall be

20  submitted, prior to noon of the 21st day preceding the first

21  day of the qualifying period for the office sought, to the

22  supervisor of elections of the county for which such petition

23  was circulated.  Each supervisor of elections to whom a

24  petition is submitted shall check the signatures on the

25  petition to verify their status as electors of that county and

26  of the geographic area represented by the office sought. No

27  later than the seventh day before Prior to the first date for

28  qualifying, the supervisor shall certify the number shown as

29  registered electors and submit such certification to the

30  Division of Elections.  The division shall determine whether

31  the required number of signatures has been obtained for the

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 1  name of the candidate to be placed on the ballot and shall

 2  notify the candidate.  If the required number of signatures

 3  has been obtained, the candidate shall, during the time

 4  prescribed for qualifying for office, submit a copy of such

 5  notice and file his or her qualifying papers and oath

 6  prescribed in s. 105.031 with the Division of Elections.  Upon

 7  receipt of the copy of such notice and qualifying papers, the

 8  division shall certify the name of the candidate to the

 9  appropriate supervisor or supervisors of elections as having

10  qualified for the office sought.

11         (b)  Each candidate seeking to qualify for election to

12  the office of county court judge or the office of school board

13  member from a single county school district pursuant to this

14  section shall submit his or her petition, prior to noon of the

15  28th 21st day preceding the first day of the qualifying period

16  for the office sought, to the supervisor of elections of the

17  county for which such petition was circulated. The supervisor

18  shall check the signatures on the petition to verify their

19  status as electors of the county and of the geographic area

20  represented by the office sought. No later than the seventh

21  day before Prior to the first date for qualifying, the

22  supervisor shall determine whether the required number of

23  signatures has been obtained for the name of the candidate to

24  be placed on the ballot and shall notify the candidate.  If

25  the required number of signatures has been obtained, the

26  candidate shall, during the time prescribed for qualifying for

27  office, submit a copy of such notice and file his or her

28  qualifying papers and oath prescribed in s. 105.031 with the

29  qualifying officer.  Upon receipt of the copy of such notice

30  and qualifying papers, such candidate shall be entitled to

31  have his or her name printed on the ballot.

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 1         Section 64.  Subsection (4) of section 106.011, Florida

 2  Statutes, is amended to read:

 3         106.011  Definitions.--As used in this chapter, the

 4  following terms have the following meanings unless the context

 5  clearly indicates otherwise:

 6         (4)(a)  "Expenditure" means a purchase, payment or an

 7  obligation to make a payment, distribution, loan, advance,

 8  transfer of funds by a campaign treasurer or deputy campaign

 9  treasurer between a primary depository and a separate

10  interest-bearing account or certificate of deposit, or gift of

11  money or anything of value made for the purpose of influencing

12  the results of an election or making an electioneering

13  communication. However, "expenditure" does not include a

14  purchase, payment, distribution, loan, advance, or gift of

15  money or anything of value made for the purpose of influencing

16  the results of an election when made by an organization, in

17  existence prior to the time during which a candidate qualifies

18  or an issue is placed on the ballot for that election, for the

19  purpose of printing or distributing such organization's

20  newsletter, containing a statement by such organization in

21  support of or opposition to a candidate or issue, which

22  newsletter is distributed only to members of such

23  organization.

24         (b)  As used in this chapter, an "expenditure" for an

25  electioneering communication is made when the earliest of the

26  following occurs:

27         1.  A person enters into executes a contract for

28  applicable goods or services;

29         2.  A person makes payment, in whole or in part, for

30  applicable goods or services; or

31  

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 1         3.  An The electioneering communication is publicly

 2  disseminated.

 3         Section 65.  Section 106.022, Florida Statutes, is

 4  created to read:

 5         106.022  Appointment of a registered agent; duties.--

 6         (1)  Each political committee, committee of continuous

 7  existence, or electioneering communications entity shall have

 8  and continuously maintain in this state a registered office

 9  and a registered agent and must file with the division a

10  statement of appointment for the registered office and

11  registered agent. The statement of appointment must:

12         (a)  Provide the name of the registered agent and the

13  street address and phone number for the registered office;

14         (b)  Identify the entity for whom the registered agent

15  serves;

16         (c)  Designate the address the registered agent wishes

17  to use to receive mail;

18         (d)  Include the entity's undertaking to inform the

19  division of any change in such designated address;

20         (e)  Provide for the registered agent's acceptance of

21  the appointment, which must confirm that the registered agent

22  is familiar with and accepts the obligations of the position

23  as set forth in this section; and

24         (f)  Contain the signature of the registered agent and

25  the entity engaging the registered agent.

26         (2)  An entity may change its appointment of registered

27  agent and registered office under this section by executing a

28  written statement of change that identifies the former

29  registered agent and registered address and also satisfies all

30  of the requirements of subsection (1).

31  

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 1         (3)  A registered agent may resign his or her

 2  appointment as registered agent by executing a written

 3  statement of resignation and filing it with the division. An

 4  entity without a registered agent may not make expenditures or

 5  accept contributions until it files a written statement of

 6  change as required in subsection (2).

 7         Section 66.  Paragraph (a) of subsection (4) and

 8  subsection (8) of section 106.07, Florida Statutes, are

 9  amended to read:

10         106.07  Reports; certification and filing.--

11         (4)(a)  Each report required by this section shall

12  contain:

13         1.  The full name, address, and occupation, if any of

14  each person who has made one or more contributions to or for

15  such committee or candidate within the reporting period,

16  together with the amount and date of such contributions. For

17  corporations, the report must provide as clear a description

18  as practicable of the principal type of business conducted by

19  the corporation. However, if the contribution is $100 or less

20  or is from a relative, as defined in s. 112.312, provided that

21  the relationship is reported, the occupation of the

22  contributor or the principal type of business need not be

23  listed.

24         2.  The name and address of each political committee,

25  committee of continuous existence, or business entity from

26  which the reporting committee or the candidate received, or to

27  which the reporting committee or candidate made, any transfer

28  of funds, together with the amounts and dates of all

29  transfers.

30         3.  Each loan for campaign purposes to or from any

31  person or political committee within the reporting period,

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 1  together with the full names, addresses, and occupations, and

 2  principal places of business, if any, of the lender and

 3  endorsers, if any, and the date and amount of such loans.

 4         4.  A statement of each contribution, rebate, refund,

 5  or other receipt not otherwise listed under subparagraphs 1.

 6  through 3.

 7         5.  The total sums of all loans, in-kind contributions,

 8  and other receipts by or for such committee or candidate

 9  during the reporting period. The reporting forms shall be

10  designed to elicit separate totals for in-kind contributions,

11  loans, and other receipts.

12         6.  The full name and address of each person to whom

13  expenditures have been made by or on behalf of the committee

14  or candidate within the reporting period; the amount, date,

15  and purpose of each such expenditure; and the name and address

16  of, and office sought by, each candidate on whose behalf such

17  expenditure was made. However, expenditures made from the

18  petty cash fund provided by s. 106.12 need not be reported

19  individually.

20         7.  The full name and address of each person to whom an

21  expenditure for personal services, salary, or reimbursement

22  for authorized expenses as provided in s. 106.021(3) has been

23  made and which is not otherwise reported, including the

24  amount, date, and purpose of such expenditure. However,

25  expenditures made from the petty cash fund provided for in s.

26  106.12 need not be reported individually. Any expenditure made

27  through a credit card or debit card shall be itemized to

28  disclose the ultimate intended recipient of the expenditure

29  and its purpose.

30  

31  

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 1         8.  The total amount withdrawn and the total amount

 2  spent for petty cash purposes pursuant to this chapter during

 3  the reporting period.

 4         9.  The total sum of expenditures made by such

 5  committee or candidate during the reporting period.

 6         10.  The amount and nature of debts and obligations

 7  owed by or to the committee or candidate, which relate to the

 8  conduct of any political campaign.

 9         11.  A copy of each credit card statement which shall

10  be included in the next report following receipt thereof by

11  the candidate or political committee. Receipts for each credit

12  card purchase shall be retained by the treasurer with the

13  records for the campaign account.

14         11.12.  The amount and nature of any separate

15  interest-bearing accounts or certificates of deposit and

16  identification of the financial institution in which such

17  accounts or certificates of deposit are located.

18         12.13.  The primary purposes of an expenditure made

19  indirectly through a campaign treasurer pursuant to s.

20  106.021(3) for goods and services such as communications media

21  placement or procurement services, campaign signs, insurance,

22  and other expenditures that include multiple components as

23  part of the expenditure. The primary purpose of an expenditure

24  shall be that purpose, including integral and directly related

25  components, that comprises 80 percent of such expenditure.

26         (8)(a)  Any candidate or political committee failing to

27  file a report on the designated due date shall be subject to a

28  fine as provided in paragraph (b) for each late day, and, in

29  the case of a candidate, such fine shall be paid only from

30  personal funds of the candidate. The fine shall be assessed by

31  

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 1  the filing officer and the moneys collected shall be

 2  deposited:

 3         1.  In the General Revenue Fund, in the case of a

 4  candidate for state office or a political committee that

 5  registers with the Division of Elections; or

 6         2.  In the general revenue fund of the political

 7  subdivision, in the case of a candidate for an office of a

 8  political subdivision or a political committee that registers

 9  with an officer of a political subdivision.

10  

11  No separate fine shall be assessed for failure to file a copy

12  of any report required by this section.

13         (b)  Upon determining that a report is late, the filing

14  officer shall immediately notify the candidate or chair of the

15  political committee as to the failure to file a report by the

16  designated due date and that a fine is being assessed for each

17  late day. The fine shall be $50 per day or 1 percent of the

18  total receipts and expenditures for the period covered by the

19  late report, whichever is greater for the first 3 days late

20  and, thereafter, $500 per day is greater or 5 percent of the

21  total receipts and expenditures for the period covered by the

22  late report, whichever is greater, for each late day, not to

23  exceed 25 percent of the total receipts and or expenditures,

24  whichever is greater, for the period covered by the late

25  report. However, for the reports immediately preceding each

26  primary and general election, the fine shall be $500 per day

27  or 5 percent of the total receipts and expenditures for the

28  period covered by the late report, whichever is greater, for

29  each late day, not to exceed 25 percent of the total receipts

30  and or expenditures, whichever is greater, for the period

31  covered by the late report. For reports required under s.

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 1  106.141(7), the fine is $50 per day or 1 percent of the total

 2  receipts and expenditures for the period covered by the late

 3  report, whichever is greater, for each late day, not to exceed

 4  25 percent of the total receipts and or expenditures,

 5  whichever is greater, for the period covered by the late

 6  report. Upon receipt of the report, the filing officer shall

 7  determine the amount of the fine which is due and shall notify

 8  the candidate or chair. The filing officer shall determine the

 9  amount of the fine due based upon when the electronic receipt

10  issued pursuant to s. 106.0705 is dated or, if electronic

11  filing is not required, the earliest of the following:

12         1.  When the report is actually received by such

13  officer.

14         2.  When the report is postmarked.

15         3.  When the certificate of mailing is dated.

16         4.  When the receipt from an established courier

17  company is dated.

18         5.  When the electronic receipt issued pursuant to s.

19  106.0705 is dated.

20  

21  Such fine shall be paid to the filing officer within 20 days

22  after receipt of the notice of payment due, unless appeal is

23  made to the Florida Elections Commission pursuant to paragraph

24  (c). In the case of a candidate, such fine shall not be an

25  allowable campaign expenditure and shall be paid only from

26  personal funds of the candidate. An officer or member of a

27  political committee shall not be personally liable for such

28  fine.

29         (c)  Any candidate or chair of a political committee

30  may appeal or dispute the fine, based upon, but not limited

31  to, unusual circumstances surrounding the failure to file on

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 1  the designated due date, and may request and shall be entitled

 2  to a hearing before the Florida Elections Commission, which

 3  shall have the authority to waive the fine in whole or in

 4  part. The Florida Elections Commission must consider the

 5  mitigating and aggravating circumstances contained in s.

 6  106.265(1) when determining the amount of a fine, if any, to

 7  be waived. Any such request shall be made within 20 days after

 8  receipt of the notice of payment due. In such case, the

 9  candidate or chair of the political committee shall, within

10  the 20-day period, notify the filing officer in writing of his

11  or her intention to bring the matter before the commission.

12         (d)  The appropriate filing officer shall notify the

13  Florida Elections Commission of the repeated late filing by a

14  candidate or political committee, the failure of a candidate

15  or political committee to file a report after notice, or the

16  failure to pay the fine imposed. The commission shall

17  investigate only those alleged late filing violations

18  specifically identified by the filing officer and as set forth

19  in the notification. Any other alleged violations must be

20  separately stated and reported by the division to the

21  commission under s. 106.25(2).

22         Section 67.  Paragraph (d) is added to subsection (1)

23  of section 106.08, Florida Statutes, to read:

24         106.08  Contributions; limitations on.--

25         (1)

26         (d)  The contribution limits of this subsection apply

27  to the total contributions made by related entities to any

28  candidate for election to or retention in office or to any

29  political committee supporting or opposing one or more

30  candidates. For purposes of this paragraph, the term "related

31  

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 1  entities" means any two or more political committees or

 2  committees of continuous existence that have:

 3         1.  Significant common purposes and substantial common

 4  membership; or

 5         2.  Directly or indirectly substantial common direction

 6  or control.

 7  

 8  An entity is related to another entity if either entity owns

 9  or controls, directly or through one or more other entities, a

10  50-percent or greater interest in the capital, profits, or

11  assets of the other entity. An entity is related to another

12  entity with respect to a contribution if such contribution is

13  part of an attempt by such entities to avoid the application

14  of this paragraph.

15         Section 68.  Subsection (6) of section 106.24, Florida

16  Statutes, is amended to read:

17         106.24  Florida Elections Commission; membership;

18  powers; duties.--

19         (6)  There is hereby established in the State Treasury

20  an Elections Commission Trust Fund to be utilized by the

21  Division of Elections and the Florida Elections Commission in

22  order to carry out their duties pursuant to ss. 106.24-106.28.

23  The trust fund may also be used by the Secretary of State

24  division, pursuant to his or her its authority under s.

25  97.012(14) s. 106.22(11), to provide rewards for information

26  leading to criminal convictions related to voter registration

27  fraud, voter fraud, and vote scams.

28         Section 69.  Section 106.265, Florida Statutes, is

29  amended to read:

30         106.265  Civil penalties.--

31  

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 1         (1)  The commission may, is authorized upon the finding

 2  of a violation of this chapter or chapter 104, to impose civil

 3  penalties in the form of fines not to exceed $1,000 per count

 4  or, in the case of the failure of any person, political

 5  committee, committee of continuous existence, or political

 6  party to report contributions or expenditures pursuant to s.

 7  106.07, may impose a fine of up to 25 percent of the amount of

 8  the contribution or expenditure which was not accurately

 9  reported.  In determining the amount of such civil penalties,

10  the commission shall consider, among other mitigating and

11  aggravating circumstances:

12         (a)  The gravity of the act or omission;

13         (b)  Any previous history of similar acts or omissions;

14         (c)  The appropriateness of such penalty to the

15  financial resources of the person, political committee,

16  committee of continuous existence, or political party; and

17         (d)  Whether the person, political committee, committee

18  of continuous existence, or political party has shown good

19  faith in attempting to comply with the provisions of this

20  chapter or chapter 104.

21         (2)  If any person, political committee, committee of

22  continuous existence, or political party fails or refuses to

23  pay to the commission any civil penalties assessed pursuant to

24  the provisions of this section, the commission shall be

25  responsible for collecting the civil penalties resulting from

26  such action.

27         (3)  Any civil penalty collected pursuant to the

28  provisions of this section shall be deposited into the

29  Election Campaign Financing Trust Fund.

30         (4)  Notwithstanding any other provisions of this

31  chapter, any fine assessed pursuant to the provisions of this

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 1  chapter, which fine is designated to be deposited or which

 2  would otherwise be deposited into the General Revenue Fund of

 3  the state, shall be deposited into the Election Campaign

 4  Financing Trust Fund.

 5         (5)  In any case in which the commission determines

 6  that a person has filed a complaint against another person

 7  with a malicious intent to injure the reputation of the person

 8  complained against by filing the complaint with knowledge that

 9  the complaint contains one or more false allegations or with

10  reckless disregard for whether the complaint contains false

11  allegations of fact material to a violation of this chapter or

12  chapter 104, the complainant shall be liable for costs and

13  reasonable attorney's fees incurred in the defense of the

14  person complained against, including the costs and reasonable

15  attorney's fees incurred in proving entitlement to and the

16  amount of costs and fees. If the complainant fails to pay such

17  costs and fees voluntarily within 30 days following such

18  finding by the commission, the commission shall forward such

19  information to the Department of Legal Affairs, which shall

20  bring a civil action in a court of competent jurisdiction to

21  recover the amount of such costs and fees awarded by the

22  commission.

23         Section 70.  Subsection (6) of section 106.141, Florida

24  Statutes, is amended to read:

25         106.141  Disposition of surplus funds by candidates.--

26         (6)  Prior to disposing of funds pursuant to subsection

27  (4) or transferring funds into an office account pursuant to

28  subsection (5), any candidate who filed an oath stating that

29  he or she was unable to pay the election assessment or fee for

30  verification of petition signatures without imposing an undue

31  burden on his or her personal resources or on resources

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 1  otherwise available to him or her, or who filed both such

 2  oaths, or who qualified by the petition process alternative

 3  method and was not required to pay an election assessment,

 4  shall reimburse the state or local governmental entity,

 5  whichever is applicable, for such waived assessment or fee or

 6  both. Such reimbursement shall be made first for the cost of

 7  petition verification and then, if funds are remaining, for

 8  the amount of the election assessment. If there are

 9  insufficient funds in the account to pay the full amount of

10  either the assessment or the fee or both, the remaining funds

11  shall be disbursed in the above manner until no funds remain.

12  All funds disbursed pursuant to this subsection shall be

13  remitted to the qualifying officer. Any reimbursement for

14  petition verification costs which are reimbursable by the

15  state shall be forwarded by the qualifying officer to the

16  state for deposit in the General Revenue Fund. All

17  reimbursements for the amount of the election assessment shall

18  be forwarded by the qualifying officer to the Department of

19  State for deposit in the General Revenue Fund.

20         Section 71.  Section 98.122, Florida Statutes, is

21  transferred and renumbered as section 106.165, Florida

22  Statutes.

23         Section 72.  Section 106.22, Florida Statutes, is

24  amended to read:

25         106.22  Duties of the Division of Elections.--It is the

26  duty of the Division of Elections to:

27         (1)  Prescribe forms for statements and other

28  information required to be filed by this chapter.  Such forms

29  shall be furnished by the Department of State or office of the

30  supervisor of elections to persons required to file such

31  statements and information with such agency.

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 1         (2)  Prepare and publish manuals or brochures setting

 2  forth recommended uniform methods of bookkeeping and

 3  reporting, and including appropriate portions of the election

 4  code, for use by persons required by this chapter to file

 5  statements.

 6         (3)  Develop a filing, coding, and cross-indexing

 7  system consonant with the purposes of this chapter.

 8         (4)  Preserve statements and other information required

 9  to be filed with the division pursuant to this chapter for a

10  period of 10 years from date of receipt.

11         (5)  Prepare and publish such reports as it may deem

12  appropriate.

13         (6)  Make, from time to time, audits and field

14  investigations with respect to reports and statements filed

15  under the provisions of this chapter and with respect to

16  alleged failures to file any report or statement required

17  under the provisions of this chapter.  The division shall

18  conduct a postelection audit of the campaign accounts of all

19  candidates receiving contributions from the Election Campaign

20  Financing Trust Fund.

21         (7)  Report to the Florida Elections Commission any

22  failure to file a report or information required by this

23  chapter or any apparent violation of this chapter.

24         (8)  Employ such personnel or contract for such

25  services as are necessary to adequately carry out the intent

26  of this chapter.

27         (9)  Prescribe rules and regulations to carry out the

28  provisions of this chapter.  Such rules shall be prescribed

29  pursuant to chapter 120.

30         (10)  Make an annual report to the President of the

31  Senate and the Speaker of the House of Representatives

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 1  concerning activities of the division and recommending

 2  improvements in the election code.

 3         (11)  Conduct preliminary investigations into any

 4  irregularities or fraud involving voter registration or voting

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

 6  circuit in which the alleged violation occurred for

 7  prosecution, where warranted. The Department of State may

 8  prescribe by rule requirements for filing a complaint of voter

 9  fraud and for investigating any such complaint.

10         (10)(12)  Conduct random audits with respect to reports

11  and statements filed under this chapter and with respect to

12  alleged failure to file any reports and statements required

13  under this chapter.

14         Section 73.  Subsection (1) of section 16.56, Florida

15  Statutes, is amended to read:

16         16.56  Office of Statewide Prosecution.--

17         (1)  There is created in the Department of Legal

18  Affairs an Office of Statewide Prosecution.  The office shall

19  be a separate "budget entity" as that term is defined in

20  chapter 216.  The office may:

21         (a)  Investigate and prosecute the offenses of:

22         1.  Bribery, burglary, criminal usury, extortion,

23  gambling, kidnapping, larceny, murder, prostitution, perjury,

24  robbery, carjacking, and home-invasion robbery;

25         2.  Any crime involving narcotic or other dangerous

26  drugs;

27         3.  Any violation of the provisions of the Florida RICO

28  (Racketeer Influenced and Corrupt Organization) Act, including

29  any offense listed in the definition of racketeering activity

30  in s. 895.02(1)(a), providing such listed offense is

31  investigated in connection with a violation of s. 895.03 and

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 1  is charged in a separate count of an information or indictment

 2  containing a count charging a violation of s. 895.03, the

 3  prosecution of which listed offense may continue independently

 4  if the prosecution of the violation of s. 895.03 is terminated

 5  for any reason;

 6         4.  Any violation of the provisions of the Florida

 7  Anti-Fencing Act;

 8         5.  Any violation of the provisions of the Florida

 9  Antitrust Act of 1980, as amended;

10         6.  Any crime involving, or resulting in, fraud or

11  deceit upon any person;

12         7.  Any violation of s. 847.0135, relating to computer

13  pornography and child exploitation prevention, or any offense

14  related to a violation of s. 847.0135;

15         8.  Any violation of the provisions of chapter 815;

16         9.  Any criminal violation of part I of chapter 499;

17         10.  Any violation of the provisions of the Florida

18  Motor Fuel Tax Relief Act of 2004; or

19         11.  Any criminal violation of s. 409.920 or s.

20  409.9201; or

21         12.  Any crime involving voter registration, voting, or

22  candidate or issue petition activities;

23  

24  or any attempt, solicitation, or conspiracy to commit any of

25  the crimes specifically enumerated above.  The office shall

26  have such power only when any such offense is occurring, or

27  has occurred, in two or more judicial circuits as part of a

28  related transaction, or when any such offense is connected

29  with an organized criminal conspiracy affecting two or more

30  judicial circuits.

31  

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 1         (b)  Upon request, cooperate with and assist state

 2  attorneys and state and local law enforcement officials in

 3  their efforts against organized crimes.

 4         (c)  Request and receive from any department, division,

 5  board, bureau, commission, or other agency of the state, or of

 6  any political subdivision thereof, cooperation and assistance

 7  in the performance of its duties.

 8         Section 74.  Subsection (5) of section 119.07, Florida

 9  Statutes, is amended to read:

10         119.07  Inspection and copying of records;

11  photographing public records; fees; exemptions.--

12         (5)  When ballots are produced under this section for

13  inspection or examination, no persons other than the

14  supervisor of elections or the supervisor's employees shall

15  touch the ballots. If the ballots are being examined before

16  the end of the contest period in s. 102.168, the supervisor of

17  elections shall make a reasonable effort to notify all

18  candidates by telephone or otherwise of the time and place of

19  the inspection or examination. All such candidates, or their

20  representatives, shall be allowed to be present during the

21  inspection or examination.

22         Section 75.  Subsection (3) of section 145.09, Florida

23  Statutes, is amended to read:

24         145.09  Supervisor of elections.--

25         (3)(a)  There shall be an additional $2,000 per year

26  special qualification salary for each supervisor of elections

27  who has met the certification requirements established by the

28  Division of Elections of the Department of State. The

29  Department of State shall adopt rules to establish the

30  certification requirements. Any supervisor who is certified

31  during a calendar year shall receive in that year a pro rata

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 1  share of the special qualification salary based on the

 2  remaining period of the year.

 3         (b)  In order to qualify for the special qualification

 4  salary described in paragraph (a), the supervisor must

 5  complete the requirements established by the Division of

 6  Elections within 6 years after first taking office.

 7         (c)  After a supervisor meets the requirements of

 8  paragraph (a), in order to remain certified the supervisor

 9  shall thereafter be required to complete each year a course of

10  continuing education as prescribed by the division.

11         Section 76.  Sections 98.095, 98.0979, 98.181, 98.481,

12  101.253, 101.635, 102.061, 106.085, and 106.144, Florida

13  Statutes, are repealed.

14         Section 77.  If any provision of this act or its

15  application to any person or circumstance is held invalid, the

16  invalidity does not affect other provisions or applications of

17  the act which can be given effect without the invalid

18  provision or application, and to this end the provisions of

19  this act are severable.

20         Section 78.  Except as otherwise expressly provided in

21  this act and except for this section, which shall take effect

22  July 1, 2005, this act shall take effect January 1, 2006.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 2086

26                                 

27  The Committee Substitute differs from the original Senate Bill
    in that it adopts extensive substantive provisions in the area
28  of election administration and campaign finance; Senate Bill
    2086 was shell bill.
29  

30  

31  

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