Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 537, 1st Eng.
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CHAMBER ACTION
Senate House
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04/27/2007 07:45 PM .
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11 Senator Constantine moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. Subsection (36) of section 97.021, Florida
18 Statutes, is amended to read:
19 97.021 Definitions.--For the purposes of this code,
20 except where the context clearly indicates otherwise, the
21 term:
22 (36) "Third-party registration organization" means any
23 person, entity, or organization soliciting or collecting voter
24 registration applications. A third-party voter registration
25 organization does not include:
26 (a) A political party;
27 (a)(b) A person who seeks only to register to vote or
28 collect voter registration applications from that person's
29 spouse, child, or parent; or
30 (b)(c) A person engaged in registering to vote or
31 collecting voter registration applications as an employee or
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1 agent of the division, supervisor of elections, Department of
2 Highway Safety and Motor Vehicles, or a voter registration
3 agency.
4 Section 2. Subsection (3) of section 97.0575, Florida
5 Statutes, is amended to read:
6 97.0575 Third-party voter registrations.--
7 (3) A third-party voter registration organization that
8 collects voter registration applications serves as a fiduciary
9 to the applicant, ensuring that any voter registration
10 application entrusted to the third-party voter registration
11 organization, irrespective of party affiliation, race,
12 ethnicity, or gender shall be promptly delivered to the
13 division or the supervisor of elections. If a voter
14 registration application collected by any third-party voter
15 registration organization is not promptly delivered to the
16 division or supervisor of elections, the individual collecting
17 the voter registration application, the registered agent, and
18 those individuals responsible for the day-to-day operation of
19 the third-party voter registration organization, including, if
20 applicable, the entity's board of directors, president, vice
21 president, managing partner, or such other individuals engaged
22 in similar duties or functions, shall be personally and
23 jointly and severally liable for the following fines:
24 (a) A fine in the amount of $50 $250 for each
25 application received by the division or the supervisor of
26 elections more than 10 days after the applicant delivered the
27 completed voter registration application to the third-party
28 voter registration organization or any person, entity, or
29 agent acting on its behalf. A fine in the amount of $250 for
30 each application received if the third-party registration
31 organization or person, entity, or agency acting on its behalf
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1 acted willfully.
2 (b) A fine in the amount of $100 $500 for each
3 application collected by a third-party voter registration
4 organization or any person, entity, or agent acting on its
5 behalf, prior to book closing for any given election for
6 federal or state office and received by the division or the
7 supervisor of elections after the book closing deadline for
8 such election. A fine in the amount of $500 for each
9 application received if the third-party registration
10 organization or person, entity, or agency acting on its behalf
11 acted willfully.
12 (c) A fine in the amount of $500 $5,000 for each
13 application collected by a third-party voter registration
14 organization or any person, entity, or agent acting on its
15 behalf, which is not submitted to the division or supervisor
16 of elections. A fine in the amount of $1,000 for any
17 application not submitted if the third-party registration
18 organization or person, entity, or agency acting on its behalf
19 acted willfully.
20
21 The aggregate fine pursuant to this subsection which may be
22 assessed against a third-party voter registration
23 organization, including affiliate organizations, for
24 violations committed in a calendar year shall be $1,000. The
25 fines provided in this subsection shall be reduced by
26 three-fourths in cases in which the third-party voter
27 registration organization has complied with subsection (1).
28 The secretary shall waive the fines described in this
29 subsection upon a showing that the failure to deliver the
30 voter registration application promptly is based upon force
31 majeure or impossibility of performance.
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1 Section 3. Effective July 1, 2007, subsections (1),
2 (2), (3), and (6) of section 103.101, Florida Statutes, are
3 amended to read:
4 103.101 Presidential preference primary.--
5 (1) Each political party other than a minor political
6 party shall, on the last second Tuesday in January March in
7 each year the number of which is a multiple of 4, elect one
8 person to be the candidate for nomination of such party for
9 President of the United States or select delegates to the
10 national nominating convention, as provided by party rule.
11 (2) There shall be a Presidential Candidate Selection
12 Committee composed of the Secretary of State, who shall be a
13 nonvoting chair; the Speaker of the House of Representatives;
14 the President of the Senate; the minority leader of each house
15 of the Legislature; and the chair of each political party
16 required to have a presidential preference primary under this
17 section.
18 (a) By October December 31 of the year preceding the
19 Florida presidential preference primary, each political party
20 shall submit to the Secretary of State a list of its
21 presidential candidates to be placed on the presidential
22 preference primary ballot or candidates entitled to have
23 delegates appear on the presidential preference primary
24 ballot. The Secretary of State shall prepare and publish a
25 list of the names of the presidential candidates submitted.
26 The Secretary of State shall submit such list of names of
27 presidential candidates to the selection committee on the
28 first Tuesday after the first Monday in November of the
29 January each year preceding the a presidential preference
30 primary election is held. Each person designated as a
31 presidential candidate shall have his or her name appear, or
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1 have his or her delegates' names appear, on the presidential
2 preference primary ballot unless all committee members of the
3 same political party as the candidate agree to delete such
4 candidate's name from the ballot. The selection committee
5 shall meet in Tallahassee on the first Tuesday after the first
6 Monday in November of the January each year preceding the a
7 presidential preference primary is held. The selection
8 committee shall publicly announce and submit to the Department
9 of State no later than 5 p.m. on the following day the names
10 of presidential candidates who shall have their names appear,
11 or who are entitled to have their delegates' names appear, on
12 the presidential preference primary ballot. The Department of
13 State shall immediately notify each presidential candidate
14 designated by the committee. Such notification shall be in
15 writing, by registered mail, with return receipt requested.
16 (b) Any presidential candidate whose name does not
17 appear on the list submitted to the Secretary of State may
18 request that the selection committee place his or her name on
19 the ballot. Such request shall be made in writing to the
20 Secretary of State no later than the second Tuesday after the
21 first Monday in November of the year preceding the
22 presidential preference primary January.
23 (c) If a presidential candidate makes a request that
24 the selection committee reconsider placing the candidate's
25 name on the ballot, the selection committee will reconvene no
26 later than the second Thursday after the first Monday in
27 November of the year preceding the presidential preference
28 primary January to reconsider placing the candidate's name on
29 the ballot. The Department of State shall immediately notify
30 such candidate of the selection committee's decision.
31 (3) A candidate's name shall be printed on the
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1 presidential preference primary ballot unless the candidate
2 submits to the Department of State, prior to the second
3 Tuesday after the first Monday in November of the year
4 preceding the presidential preference primary January, an
5 affidavit stating that he or she is not now, and does not
6 presently intend to become, a candidate for President at the
7 upcoming nominating convention. If a candidate withdraws
8 pursuant to this subsection, the Department of State shall
9 notify the state executive committee that the candidate's name
10 will not be placed on the ballot. The Department of State
11 shall, no later than the third Tuesday after the first Monday
12 in November of the year preceding the presidential preference
13 primary January, certify to each supervisor of elections the
14 name of each candidate for political party nomination to be
15 printed on the ballot.
16 (6) Delegates must qualify no later than the second
17 Friday in November of the year preceding the presidential
18 preference primary January in the manner provided by party
19 rule.
20 Section 4. Effective July 1, 2007, subsection (3) is
21 added to section 101.75, Florida Statutes, to read:
22 101.75 Municipal elections; change of dates for
23 cause.--
24 (3) Notwithstanding any provision of local law, for
25 any municipality whose election is scheduled to be held in
26 March 2008, the governing body of the municipality,
27 notwithstanding any municipal charter provision, may, by
28 ordinance, move the date of the general municipal election in
29 2008 and in each subsequent year that is a multiple of 4 to
30 the date concurrent with the presidential preference primary.
31 The dates for qualifying for the general municipal election
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1 moved by the passage of such an ordinance shall be
2 specifically provided for in the ordinance and shall run for
3 no less than 14 days. The term of office for any elected
4 municipal official shall commence as provided by the relevant
5 municipal charter or ordinance, and the term of office for any
6 elected municipal official whose term was due to expire in
7 March 2008 shall expire as provided by the relevant municipal
8 charter or ordinance.
9 Section 5. Effective July 1, 2008, subsection (1) of
10 section 101.151, Florida Statutes, is amended to read:
11 101.151 Specifications for ballots.--
12 (1)(a) Marksense ballots shall be printed on paper of
13 such thickness that the printing cannot be distinguished from
14 the back and shall meet the specifications of the voting
15 system that will be used to tabulate the ballots.
16 (b) Early voting sites may employ a ballot-on-demand
17 production system to print individual marksense ballots,
18 including provisional ballots, for eligible electors pursuant
19 to s. 101.657. Ballot-on-demand technology may be used to
20 produce marksense absentee ballots. Not later than 30 days
21 before an election, the Secretary of State may also authorize
22 in writing the use of ballot-on-demand technology for the
23 production of election-day ballots.
24 Section 6. Effective July 1, 2008, section 101.56075,
25 Florida Statutes, is created to read:
26 101.56075 Voting methods.--
27 (1) Except as provided in subsection (2), all voting
28 shall be by marksense ballot utilizing a marking device for
29 the purpose of designating ballot selections.
30 (2) Persons with disabilities may vote on a voter
31 interface device that meets the voting system accessibility
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1 requirements for individuals with disabilities pursuant to
2 section 301 of the federal Help America Vote Act of 2002 and
3 s. 101.56062.
4 (3) By 2012, persons with disabilities shall vote on a
5 voter interface device that meets the voter accessibility
6 requirements for individuals with disabilities under section
7 301 of the federal Help America Vote Act of 2002 and s.
8 101.56062, which are consistent with subsection (1) of this
9 section.
10 Section 7. Effective July 1, 2008, subsection (5) is
11 added to section 101.5612, Florida Statutes, to read:
12 101.5612 Testing of tabulating equipment.--
13 (5) Any tests involving marksense ballots pursuant to
14 this section shall employ pre-printed ballots, if pre-printed
15 ballots will be used in the election, and ballot-on-demand
16 ballots, if ballot-on-demand technology will be used to
17 produce ballots in the election, or both.
18 Section 8. Effective July 1, 2008, section 101.591,
19 Florida Statutes, is amended to read:
20 (Substantial rewording of section. See
21 s. 101.591, F.S., for present text.)
22 101.591 Voting system audit.--
23 (1) Immediately following the certification of each
24 election, the county canvassing board or the local board
25 responsible for certifying the election shall conduct a manual
26 audit of the voting systems used in randomly selected
27 precincts.
28 (2) The audit shall consist of a public manual tally
29 of the votes cast in one randomly selected race that appears
30 on the ballot. The tally sheet shall include election-day,
31 absentee, early voting, provisional, and overseas ballots, in
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1 at least 1 percent but no more than 2 percent of the precincts
2 chosen at random by the county canvassing board or the local
3 board responsible for certifying the election. If 1 percent of
4 the precincts is less than one entire precinct, the audit
5 shall be conducted using at least one precinct chosen at
6 random by the county canvassing board or the local board
7 responsible for certifying the election. Such precincts shall
8 be selected at a publicly-noticed canvassing board meeting.
9 (3) The canvassing board shall post a notice of the
10 audit, including the date, time, and place, in four
11 conspicuous places in the county and on the home page of the
12 county supervisor of elections web site.
13 (4) The audit must be completed and the results made
14 public no later than 11:59 p.m. on the 7th day following
15 certification of the election by the county canvassing board
16 or the local board responsible for certifying the election.
17 (5) Within 15 days after completion of the audit, the
18 county canvassing board or the board responsible for
19 certifying the election shall provide a report with the
20 results of the audit to the Department of State in a standard
21 format as prescribed by the department. The report shall
22 contain, but is not limited to, the following items:
23 (a) The overall accuracy of audit.
24 (b) A description of any problems or discrepancies
25 encountered.
26 (c) The likely cause of such problems or
27 discrepancies.
28 (d) Recommended corrective action with respect to
29 avoiding or mitigating such circumstances in future elections.
30 Section 9. Effective upon this act becoming a law, the
31 Department of State shall adopt rules to implement the
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1 provisions of s. 101.591, Florida Statutes, as amended by
2 section 8 which prescribe detailed audit procedures for each
3 voting system, which shall be uniform to the extent
4 practicable, along with the standard form for audit reports.
5 Section 10. Effective upon this act becoming a law:
6 (1) Notwithstanding ss. 101.292-101.295 and s.
7 101.5604, Florida Statutes, as a condition of the state
8 purchasing optical scan voting equipment and ballot-on-demand
9 equipment to replace touchscreen equipment as provided in
10 section 11, each recipient county hereby authorizes the
11 Secretary of State to act as its agent to negotiate the
12 purchase of new equipment and the sale, exchange, or other
13 disposition of existing touchscreen voting equipment that is
14 not necessary to conduct voting for individuals with
15 disabilities. Further, each such county hereby designates the
16 Secretary of State as the authorized recipient of all proceeds
17 realized from the sale, exchange, or other disposition of the
18 voting equipment, after satisfying obligations or indebtedness
19 associated with the voting equipment, up to and including the
20 state's cost to fund the county's new equipment. The secretary
21 shall deposit the proceeds in the Grants and Donations Trust
22 Fund within 60 days after the sale, exchange, or other
23 disposition.
24 (2) A county commission may choose to opt out of this
25 state funding scheme by filing a notice to that effect with
26 the Department of State no later than June 30, 2007. Any
27 county choosing to opt out shall continue to be governed by
28 the provisions of ss. 101.292-101.295 and s. 101.5604, Florida
29 Statutes, with respect to the purchase of new voting systems
30 and equipment.
31 Section 11. Effective July 1, 2007:
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1 (1) The Department of State is authorized to purchase:
2 (a) Election-day optical scan voting equipment, for
3 the following counties: Broward, Charlotte, Collier,
4 Hillsborough, Indian River, Lake, Lee, Martin, Miami-Dade,
5 Nassau, Palm Beach, Pasco, Pinellas, Sarasota, and Sumter.
6 (b) Ballot-on-demand equipment for use at early voting
7 sites, including optical scan tabulators, for the following
8 counties: Bay, Brevard, Broward, Charlotte, Clay, Collier,
9 Escambia, Hillsborough, Indian River, Jackson, Lake, Lee,
10 Levy, Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange,
11 Osceola, Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota,
12 St. Johns, Sumter, Taylor, and Washington.
13 (2) The sum of $27,861,850 is appropriated from the
14 Grants and Donations Trust Fund to the Division of Elections
15 within the Department of State for the purpose of implementing
16 this section.
17 Section 12. Paragraph (b) of subsection (1) of section
18 97.041, Florida Statutes, is amended to read:
19 97.041 Qualifications to register or vote.--
20 (1)
21 (b) A person who is otherwise qualified may
22 preregister on or after that person's 17th birthday or receipt
23 of a valid Florida driver's license, whichever occurs earlier,
24 and may vote in any election occurring on or after that
25 person's 18th birthday.
26 Section 13. Subsections (6) and (7) of section 97.053,
27 Florida Statutes, are amended to read:
28 97.053 Acceptance of voter registration
29 applications.--
30 (6) A voter registration application may be accepted
31 as valid only after the department has verified the
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1 authenticity or nonexistence of the driver's license number,
2 the Florida identification card number, or the last four
3 digits of the social security number provided by the
4 applicant. If a completed voter registration application has
5 been received by the book-closing deadline but the driver's
6 license number, the Florida identification card number, or the
7 last four digits of the social security number provided by the
8 applicant cannot be verified, the applicant shall be notified
9 that the application is incomplete and that the voter must
10 provide evidence to the supervisor sufficient to verify the
11 authenticity of the number provided on the application. If the
12 voter provides the necessary evidence, the supervisor shall
13 place the voter's name on the registration rolls as an active
14 voter. If the voter has not provided the necessary evidence or
15 the number has not otherwise been verified prior to the
16 applicant presenting himself or herself to vote, the applicant
17 shall be provided a provisional ballot. The provisional ballot
18 shall be counted only if the application is verified by the
19 end of the canvassing period or if the applicant presents
20 evidence to the supervisor of elections sufficient to verify
21 the authenticity of the driver's license number, Florida
22 identification card number, or last four digits of the social
23 security number provided on the application no later than 5
24 p.m. of the second third day following the election.
25 (7) All voter registration applications received by a
26 voter registration official shall be entered into the
27 statewide voter registration system within 13 15 days after
28 receipt. Once entered, the application shall be immediately
29 forwarded to the appropriate supervisor of elections.
30 Section 14. Section 99.012, Florida Statutes, is
31 amended to read:
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1 99.012 Restrictions on individuals qualifying for
2 public office.--
3 (1) As used in this section:
4 (a) "Officer" means a person, whether elected or
5 appointed, who has the authority to exercise the sovereign
6 power of the state pertaining to an office recognized under
7 the State Constitution or laws of the state. With respect to
8 a municipality, the term "officer" means a person, whether
9 elected or appointed, who has the authority to exercise
10 municipal power as provided by the State Constitution, state
11 laws, or municipal charter.
12 (b) "Subordinate officer" means a person who has been
13 delegated the authority to exercise the sovereign power of the
14 state by an officer. With respect to a municipality,
15 subordinate officer means a person who has been delegated the
16 authority to exercise municipal power by an officer.
17 (2) No person may qualify as a candidate for more than
18 one public office, whether federal, state, district, county,
19 or municipal, if the terms or any part thereof run
20 concurrently with each other.
21 (3)(a) No officer may qualify as a candidate for
22 another public office, whether state, district, county, or
23 municipal, if the terms or any part thereof run concurrently
24 with each other, without resigning from the office he or she
25 presently holds.
26 (b) The resignation is irrevocable.
27 (c) The written resignation must be submitted at least
28 10 days prior to the first day of qualifying for the office he
29 or she intends to seek.
30 (d) The resignation must be effective no later than
31 the earlier of the following dates:
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1 1. The date the officer would take office, if elected;
2 or
3 2. The date the officer's successor is required to
4 take office.
5 (e)1. An elected district, county, or municipal
6 officer must submit his or her resignation to the officer
7 before whom he or she qualified for the office he or she
8 holds, with a copy to the Governor and the Department of
9 State.
10 2. An appointed district, county, or municipal officer
11 must submit his or her resignation to the officer or authority
12 which appointed him or her to the office he or she holds, with
13 a copy to the Governor and the Department of State.
14 3. All other officers must submit their resignations
15 to the Governor with a copy to the Department of State.
16 (f)1. With regard to an elective office, the
17 resignation creates a vacancy in office to be filled by
18 election. Persons may qualify as candidates for nomination
19 and election as if the public officer's term were otherwise
20 scheduled to expire.
21 2. With regard to an elective charter county office or
22 elective municipal office, the vacancy created by the
23 officer's resignation may be filled for that portion of the
24 officer's unexpired term in a manner provided by the
25 respective charter. The office is deemed vacant upon the
26 effective date of the resignation submitted by the official in
27 his or her letter of resignation.
28 (g) Any officer who submits his or her resignation,
29 effective immediately or effective on a date prior to the date
30 of his or her qualifying for office, may then qualify for
31 office as a nonofficeholder, and the provisions of this
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1 subsection do not apply.
2 (4)(a) Any officer who qualifies for federal public
3 office must resign from the office he or she presently holds
4 if the terms or any part thereof run concurrently with each
5 other.
6 (b) The resignation is irrevocable.
7 (c) The resignation must be submitted no later than
8 the date upon which the officer qualifies for office.
9 (d) The written resignation must be effective no later
10 than the earlier of the following dates:
11 1. The date the officer would take office, if elected;
12 or
13 2. The date the officer's successor is required to
14 take office.
15 (e)1. An elected district, county, or municipal
16 officer must submit his or her resignation to the officer
17 before whom he or she qualified for the office he or she
18 holds, with a copy to the Governor and the Department of
19 State.
20 2. An appointed district, county, or municipal officer
21 must submit his or her resignation to the officer or authority
22 which appointed him or her to the office he or she holds, with
23 a copy to the Governor and the Department of State.
24 3. All other officers must submit their resignations
25 to the Governor with a copy to the Department of State.
26 (f)1. The failure of an officer who qualifies for
27 federal public office to submit a resignation pursuant to this
28 subsection constitutes an automatic irrevocable resignation,
29 effective immediately, from the office he or she presently
30 holds.
31 2. The Department of State shall send a notice of the
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1 automatic resignation to the Governor, and in the case of a
2 district, county, or municipal officer, a copy to:
3 a. The officer before whom he or she qualified if the
4 officer held an elective office; or
5 b. The person or authority who appointed the officer
6 if the officer held an appointive office.
7 (g) The provisions of any special act to the contrary
8 notwithstanding, with regard to an elective office, the
9 resignation creates a vacancy in office to be filled by
10 election, thereby permitting persons to qualify as candidates
11 for nomination and election as if the officer's term were
12 otherwise scheduled to expire. With regard to an elective
13 charter county office or elective municipal office, the
14 vacancy created by the officer's resignation may be filled for
15 that portion of the officer's unexpired term in a manner
16 provided by the respective charter. The office is deemed
17 vacant upon the effective date of the resignation submitted by
18 the official in his or her letter of resignation.
19 (4)(5) A person who is a subordinate officer, deputy
20 sheriff, or police officer must resign effective upon
21 qualifying pursuant to this chapter if the person is seeking
22 to qualify for a public office that is currently held by an
23 officer who has authority to appoint, employ, promote, or
24 otherwise supervise that person and who has qualified as a
25 candidate for reelection to that office.
26 (5)(6) The name of any person who does not comply with
27 this section may be removed from every ballot on which it
28 appears when ordered by a circuit court upon the petition of
29 an elector or the Department of State.
30 (6)(7) This section does not apply to:
31 (a) Political party offices.
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1 (b) Persons serving without salary as members of an
2 appointive board or authority.
3 (c) Persons seeking any federal public office.
4 (7)(8) Nothing contained in subsections (3) and (4)
5 relates to persons holding any federal office.
6 Section 15. Paragraph (a) of subsection (1) of section
7 99.021, Florida Statutes, is amended to read:
8 99.021 Form of candidate oath.--
9 (1)(a)1. Each candidate, whether a party candidate, a
10 candidate with no party affiliation, or a write-in candidate,
11 in order to qualify for nomination or election to any office
12 other than a judicial office as defined in chapter 105 or a
13 federal office, shall take and subscribe to an oath or
14 affirmation in writing. A printed copy of the oath or
15 affirmation shall be furnished to the candidate by the officer
16 before whom such candidate seeks to qualify and shall be
17 substantially in the following form:
18
19 State of Florida
20 County of....
21 Before me, an officer authorized to administer oaths,
22 personally appeared ...(please print name as you wish it to
23 appear on the ballot)..., to me well known, who, being sworn,
24 says that he or she is a candidate for the office of ....;
25 that he or she is a qualified elector of .... County, Florida;
26 that he or she is qualified under the Constitution and the
27 laws of Florida to hold the office to which he or she desires
28 to be nominated or elected; that he or she has taken the oath
29 required by ss. 876.05-876.10, Florida Statutes; that he or
30 she has qualified for no other public office in the state, the
31 term of which office or any part thereof runs concurrent with
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1 that of the office he or she seeks; and that he or she has
2 resigned from any office from which he or she is required to
3 resign pursuant to s. 99.012, Florida Statutes.
4 ...(Signature of candidate)...
5 ...(Address)...
6
7 Sworn to and subscribed before me this .... day of ....,
8 ...(year)..., at .... County, Florida.
9 ...(Signature and title of officer administering oath)...
10
11 2. Each candidate for federal office, whether a party
12 candidate, a candidate with no party affiliation, or a
13 write-in candidate, in order to qualify for nomination or
14 election to office shall take and subscribe to an oath or
15 affirmation in writing. A printed copy of the oath or
16 affirmation shall be furnished to the candidate by the officer
17 before whom such candidate seeks to qualify and shall be
18 substantially in the following form:
19
20 State of Florida
21 County of __________
22 Before me, an officer authorized to administer oaths,
23 personally appeared (please print name as you wish it to
24 appear on the ballot), to me well known, who, being sworn,
25 says that he or she is a candidate for the office of
26 __________; that he or she is qualified under the Constitution
27 and laws of the United States to hold the office to which he
28 or she desires to be nominated or elected; that he or she has
29 qualified for no other public office in the state, the term of
30 which office or any part thereof runs concurrent with that of
31 the office he or she seeks; and that he or she has resigned
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1 from any office from which he or she is required to resign
2 pursuant to s. 99.012, Florida Statutes.
3 __(Signature of candidate) __
4 (Address)
5
6 Sworn to and subscribed before me this _____ day of ______
7 (year), at _____ County, Florida.
8 ...(Signature and title of officer administering oath)...
9 Section 16. Section 99.061, Florida Statutes, is
10 amended to read:
11 99.061 Method of qualifying for nomination or election
12 to federal, state, county, or district office.--
13 (1) The provisions of any special act to the contrary
14 notwithstanding, each person seeking to qualify for nomination
15 or election to a federal, state, or multicounty district
16 office, other than election to a judicial office as defined in
17 chapter 105 or the office of school board member, shall file
18 his or her qualification papers with, and pay the qualifying
19 fee, which shall consist of the filing fee and election
20 assessment, and party assessment, if any has been levied, to,
21 the Department of State, or qualify by the petition process
22 pursuant to s. 99.095 with the Department of State, at any
23 time after noon of the 1st day for qualifying, which shall be
24 as follows: the 120th day prior to the primary election, but
25 not later than noon of the 116th day prior to the date of the
26 primary election, for persons seeking to qualify for
27 nomination or election to federal office or to the office of
28 the state attorney or the public defender; and noon of the
29 71st 50th day prior to the primary election, but not later
30 than noon of the 67th 46th day prior to the date of the
31 primary election, for persons seeking to qualify for
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1 nomination or election to a state or multicounty district
2 office, other than the office of the state attorney or the
3 public defender.
4 (2) The provisions of any special act to the contrary
5 notwithstanding, each person seeking to qualify for nomination
6 or election to a county office, or district or special
7 district office not covered by subsection (1), shall file his
8 or her qualification papers with, and pay the qualifying fee,
9 which shall consist of the filing fee and election assessment,
10 and party assessment, if any has been levied, to, the
11 supervisor of elections of the county, or shall qualify by the
12 petition process pursuant to s. 99.095 with the supervisor of
13 elections, at any time after noon of the 1st day for
14 qualifying, which shall be the 71st 50th day prior to the
15 primary election or special district election, but not later
16 than noon of the 67th 46th day prior to the date of the
17 primary election or special district election. However, if a
18 special district election is held at the same time as the
19 general election, qualifying shall be the 50th day prior to
20 the primary election, but not later than noon of the 46th day
21 prior to the date of the primary election. Within 30 days
22 after the closing of qualifying time, the supervisor of
23 elections shall remit to the secretary of the state executive
24 committee of the political party to which the candidate
25 belongs the amount of the filing fee, two-thirds of which
26 shall be used to promote the candidacy of candidates for
27 county offices and the candidacy of members of the
28 Legislature.
29 (3) Notwithstanding the provisions of any special act
30 to the contrary, each person seeking to qualify for election
31 to a special district office shall qualify between noon of the
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1 71st day prior to the primary election and noon of the 67th
2 day prior to the date of the primary election. Candidates for
3 single county special districts shall qualify with the
4 supervisor of elections in the county in which the district is
5 located. If the district is a multicounty district, candidates
6 shall qualify with the Department of State. All special
7 district candidates shall qualify by paying a filing fee of
8 $25 or qualify by the petition process pursuant to s. 99.095.
9 Notwithstanding s. 106.021, a candidate who does not collect
10 contributions and whose only expense is the filing fee or
11 signature verification fee is not required to appoint a
12 campaign treasurer or designate a primary campaign depository.
13 (4)(3)(a) Each person seeking to qualify for election
14 to office as a write-in candidate shall file his or her
15 qualification papers with the respective qualifying officer at
16 any time after noon of the 1st day for qualifying, but not
17 later than noon of the last day of the qualifying period for
18 the office sought.
19 (b) Any person who is seeking election as a write-in
20 candidate shall not be required to pay a filing fee, election
21 assessment, or party assessment. A write-in candidate is shall
22 not be entitled to have his or her name printed on any ballot;
23 however, space for the write-in candidate's name to be written
24 in must shall be provided on the general election ballot. A No
25 person may not qualify as a write-in candidate if the person
26 has also otherwise qualified for nomination or election to
27 such office.
28 (5)(4) At the time of qualifying for office, each
29 candidate for a constitutional office shall file a full and
30 public disclosure of financial interests pursuant to s. 8,
31 Art. II of the State Constitution, and a candidate for any
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1 other office, including local elective office, shall file a
2 statement of financial interests pursuant to s. 112.3145.
3 (6)(5) The Department of State shall certify to the
4 supervisor of elections, within 7 days after the closing date
5 for qualifying, the names of all duly qualified candidates for
6 nomination or election who have qualified with the Department
7 of State.
8 (6) Notwithstanding the qualifying period prescribed
9 in this section, if a candidate has submitted the necessary
10 petitions by the required deadline in order to qualify by the
11 petition process pursuant to s. 99.095 as a candidate for
12 nomination or election and the candidate is notified after the
13 5th day prior to the last day for qualifying that the required
14 number of signatures has been obtained, the candidate is
15 entitled to subscribe to the candidate's oath and file the
16 qualifying papers at any time within 5 days from the date the
17 candidate is notified that the necessary number of signatures
18 has been obtained. Any candidate who qualifies within the time
19 prescribed in this subsection is entitled to have his or her
20 name printed on the ballot.
21 (7)(a) In order for a candidate to be qualified, the
22 following items must be received by the filing officer by the
23 end of the qualifying period:
24 1. A properly executed check drawn upon the
25 candidate's campaign account in an amount not less than the
26 fee required by s. 99.092 or, in lieu thereof, as applicable,
27 the copy of the notice of obtaining ballot position pursuant
28 to s. 99.095. The filing fee for a special district candidate
29 is not required to be drawn upon the candidate's campaign
30 account. If a candidate's check is returned by the bank for
31 any reason, the filing officer shall immediately notify the
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1 candidate and the candidate shall, the end of qualifying
2 notwithstanding, have 48 hours from the time such notification
3 is received, excluding Saturdays, Sundays, and legal holidays,
4 to pay the fee with a cashier's check purchased from funds of
5 the campaign account. Failure to pay the fee as provided in
6 this subparagraph shall disqualify the candidate.
7 2. The candidate's oath required by s. 99.021, which
8 must contain the name of the candidate as it is to appear on
9 the ballot; the office sought, including the district or group
10 number if applicable; and the signature of the candidate, duly
11 acknowledged.
12 3. The loyalty oath required by s. 876.05, signed by
13 the candidate and duly acknowledged.
14 4. If the office sought is partisan, the written
15 statement of political party affiliation required by s.
16 99.021(1)(b).
17 5. The completed form for the appointment of campaign
18 treasurer and designation of campaign depository, as required
19 by s. 106.021.
20 6. The full and public disclosure or statement of
21 financial interests required by subsection (5) (4). A public
22 officer who has filed the full and public disclosure or
23 statement of financial interests with the Commission on Ethics
24 or the supervisor of elections prior to qualifying for office
25 may file a copy of that disclosure at the time of qualifying.
26 (b) If the filing officer receives qualifying papers
27 that do not include all items as required by paragraph (a)
28 prior to the last day of qualifying, the filing officer shall
29 make a reasonable effort to notify the candidate of the
30 missing or incomplete items and shall inform the candidate
31 that all required items must be received by the close of
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1 qualifying. A candidate's name as it is to appear on the
2 ballot may not be changed after the end of qualifying.
3 (8) Notwithstanding the qualifying period prescribed
4 in this section, a qualifying office may accept and hold
5 qualifying papers submitted not earlier than 14 days prior to
6 the beginning of the qualifying period, to be processed and
7 filed during the qualifying period.
8 (9) Notwithstanding the qualifying period prescribed
9 by this section, in each year in which the Legislature
10 apportions the state, the qualifying period for persons
11 seeking to qualify for nomination or election to federal
12 office shall be between noon of the 71st 57th day prior to the
13 primary election, but not later than noon of the 67th 53rd day
14 prior to the primary election.
15 (10) The Department of State may prescribe by rule
16 requirements for filing papers to qualify as a candidate under
17 this section.
18 Section 17. Subsections (2) and (4) of section 99.095,
19 Florida Statutes, are amended to read:
20 99.095 Petition process in lieu of a qualifying fee
21 and party assessment.--
22 (2)(a) Except as provided in paragraph (b), a
23 candidate must shall obtain the number of signatures of voters
24 in the geographical area represented by the office sought
25 equal to at least 1 percent of the total number of registered
26 voters of that geographical area, as shown by the compilation
27 by the department for the immediately last preceding general
28 election. Signatures may not be obtained until the candidate
29 has filed the appointment of campaign treasurer and
30 designation of campaign depository pursuant to s. 106.021.
31 (b) A candidate for a special district office shall
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1 obtain 25 signatures of voters in the geographical area
2 represented by the office sought.
3 (c)(b) The format of the petition shall be prescribed
4 by the division and shall be used by candidates to reproduce
5 petitions for circulation. If the candidate is running for an
6 office that requires a group or district designation, the
7 petition must indicate that designation and, if it does not,
8 the signatures are not valid. A separate petition is required
9 for each candidate.
10 (4)(a) Certifications for candidates for federal,
11 state, or multicounty district, or multicounty special
12 district office shall be submitted to the division no later
13 than the 7th day before the first day of the qualifying period
14 for the office sought. The division shall determine whether
15 the required number of signatures has been obtained and shall
16 notify the candidate.
17 (b) For candidates for county, or district, or special
18 district office not covered by paragraph (a), the supervisor
19 shall determine whether the required number of signatures has
20 been obtained and shall notify the candidate.
21 Section 18. Effective upon this act becoming a law,
22 section 99.096, Florida Statutes, is amended to read:
23 99.096 Minor political party candidates; names on
24 ballot.--
25 (1) No later than noon of the third day prior to the
26 first day of the qualifying period prescribed for federal
27 candidates, the executive committee of a minor political party
28 shall submit to the Department of State a list of federal
29 candidates nominated by the party to be on the general
30 election ballot. No later than noon of the third day prior to
31 the first day of the qualifying period for state candidates,
25
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1 the executive committee of a minor political party shall
2 submit to the filing officer for each of the candidates the
3 official list of the state, multicounty, and county candidates
4 nominated by that party to be on the ballot in the general
5 election. The official list of nominated candidates may not be
6 changed by the party after having been filed with the filing
7 officers, except that vacancies in nominations may be filled
8 pursuant to s. 100.111.
9 (2) Each person seeking to qualify for election as a
10 candidate of a minor political party shall file his or her
11 qualifying papers with, and pay the qualifying fee and, if one
12 has been levied, the party assessment, or qualify by the
13 petition process pursuant to s. 99.095, with the officer and
14 at the times and under the circumstances provided in s.
15 99.061.
16 Section 19. Effective upon this act becoming a law,
17 section 99.0965, Florida Statutes, is repealed.
18 Section 20. Paragraph (a) of subsection (2) of section
19 100.041, Florida Statutes, is amended to read:
20 100.041 Officers chosen at general election.--
21 (2)(a) Each county commissioner from an odd-numbered
22 district shall be elected at the general election in each year
23 the number of which is a multiple of 4, for a 4-year term
24 commencing on the second Tuesday following such election, and
25 each county commissioner from an even-numbered district shall
26 be elected at the general election in each even-numbered year
27 the number of which is not a multiple of 4, for a 4-year term
28 commencing on the second Tuesday following such election. A
29 county commissioner is "elected" for purposes of this
30 paragraph on the date that the county canvassing board
31 certifies the results of the election pursuant to s. 102.151.
26
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1 Section 21. Effective upon this act becoming a law,
2 section 100.051, Florida Statutes, is amended to read:
3 100.051 Candidate's name on general election
4 ballot.--The supervisor of elections of each county shall
5 print on ballots to be used in the county at the next general
6 election the names of candidates who have been nominated by a
7 political party, other than a minor political party, and the
8 candidates who have otherwise obtained a position on the
9 general election ballot in compliance with the requirements of
10 this code.
11 Section 22. Section 100.061, Florida Statutes, is
12 amended to read:
13 100.061 Primary election.--In each year in which a
14 general election is held, a primary election for nomination of
15 candidates of political parties shall be held on the Tuesday
16 10 9 weeks prior to the general election. The candidate
17 receiving the highest number of votes cast in each contest in
18 the primary election shall be declared nominated for such
19 office. If two or more candidates receive an equal and highest
20 number of votes for the same office, such candidates shall
21 draw lots to determine which candidate is nominated.
22 Section 23. Effective upon this act becoming a law,
23 subsection (3) of section 100.111, Florida Statutes, is
24 amended to read:
25 100.111 Filling vacancy.--
26 (3) Whenever there is a vacancy for which a special
27 election is required pursuant to s. 100.101, the Governor,
28 after consultation with the Secretary of State, shall fix the
29 dates of a special primary election and a special election.
30 Nominees of political parties other than minor political
31 parties shall be chosen under the primary laws of this state
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1 in the special primary election to become candidates in the
2 special election. Prior to setting the special election dates,
3 the Governor shall consider any upcoming elections in the
4 jurisdiction where the special election will be held. The
5 dates fixed by the Governor shall be specific days certain and
6 shall not be established by the happening of a condition or
7 stated in the alternative. The dates fixed shall provide a
8 minimum of 2 weeks between each election. In the event a
9 vacancy occurs in the office of state senator or member of the
10 House of Representatives when the Legislature is in regular
11 legislative session, the minimum times prescribed by this
12 subsection may be waived upon concurrence of the Governor, the
13 Speaker of the House of Representatives, and the President of
14 the Senate. If a vacancy occurs in the office of state senator
15 and no session of the Legislature is scheduled to be held
16 prior to the next general election, the Governor may fix the
17 dates for the special primary election and for the special
18 election to coincide with the dates of the primary election
19 and general election. If a vacancy in office occurs in any
20 district in the state Senate or House of Representatives or in
21 any congressional district, and no session of the Legislature,
22 or session of Congress if the vacancy is in a congressional
23 district, is scheduled to be held during the unexpired portion
24 of the term, the Governor is not required to call a special
25 election to fill such vacancy.
26 (a) The dates for candidates to qualify in such
27 special election or special primary election shall be fixed by
28 the Department of State, and candidates shall qualify not
29 later than noon of the last day so fixed. The dates fixed for
30 qualifying shall allow a minimum of 14 days between the last
31 day of qualifying and the special primary election.
28
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1 (b) The filing of campaign expense statements by
2 candidates in such special elections or special primaries and
3 by committees making contributions or expenditures to
4 influence the results of such special primaries or special
5 elections shall be not later than such dates as shall be fixed
6 by the Department of State, and in fixing such dates the
7 Department of State shall take into consideration and be
8 governed by the practical time limitations.
9 (c) The dates for a candidate to qualify by the
10 petition process pursuant to s. 99.095 in such special primary
11 or special election shall be fixed by the Department of State.
12 In fixing such dates the Department of State shall take into
13 consideration and be governed by the practical time
14 limitations. Any candidate seeking to qualify by the petition
15 process in a special primary election shall obtain 25 percent
16 of the signatures required by s. 99.095.
17 (d) The qualifying fees and party assessments of such
18 candidates as may qualify shall be the same as collected for
19 the same office at the last previous primary for that office.
20 The party assessment shall be paid to the appropriate
21 executive committee of the political party to which the
22 candidate belongs.
23 (e) Each county canvassing board shall make as speedy
24 a return of the result of such special primary elections and
25 special elections as time will permit, and the Elections
26 Canvassing Commission likewise shall make as speedy a canvass
27 and declaration of the nominees as time will permit.
28 Section 24. Section 100.191, Florida Statutes, is
29 amended to read:
30 100.191 General election laws applicable to special
31 elections; returns.--All laws that are applicable to general
29
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1 elections are applicable to special elections or special
2 primary elections to fill a vacancy in office or nomination,
3 except that the canvass of returns by the county canvassing
4 board of each county in which a special election is held shall
5 be made on the day following the election, and the certificate
6 of the result of the canvass shall be immediately forwarded to
7 the Department of State. The Elections Canvassing Commission
8 shall immediately, upon receipt of returns from the county in
9 which a special election is held, proceed to canvass the
10 returns and determine and declare the result thereof.
11 Section 25. Effective August 1, 2007, subsections (1)
12 and (3) of section 100.371, Florida Statutes, are amended,
13 present subsection (6) of that section is renumbered as
14 subsection (7) and amended, and a new subsection (6) is added
15 to that section, to read:
16 100.371 Initiatives; procedure for placement on
17 ballot.--
18 (1) Constitutional amendments proposed by initiative
19 shall be placed on the ballot for the general election,
20 provided the initiative petition has been filed with the
21 Secretary of State no later than February 1 of the year the
22 general election is held. A petition shall be deemed to be
23 filed with the Secretary of State upon the date the secretary
24 determines that valid and verified the petition forms have has
25 been signed by the constitutionally required number and
26 distribution of electors under this code, subject to the right
27 of revocation established in this section.
28 (3) Each signature shall be dated when made and shall
29 be valid for a period of 4 years following such date, provided
30 all other requirements of law are met. The sponsor shall
31 submit signed and dated forms to the appropriate supervisor of
30
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1 elections for verification as to the number of registered
2 electors whose valid signatures appear thereon. The supervisor
3 shall promptly verify the signatures within 30 days of receipt
4 of the petition forms and upon payment of the fee required by
5 s. 99.097. The supervisor shall promptly record each valid
6 signature in the statewide voter registration system, in the
7 manner prescribed by the Secretary of State, the date each
8 form is received by the supervisor and the date the signature
9 on the form is verified as valid. The supervisor may verify
10 that the signature on a form is valid only if:
11 (a) The form contains the original signature of the
12 purported elector.
13 (b) The purported elector has accurately recorded on
14 the form the date on which he or she signed the form.
15 (c) The form accurately sets forth the purported
16 elector's name, street address, county, and voter registration
17 number or date of birth.
18 (d) The purported elector is, at the time he or she
19 signs the form, a duly qualified and registered elector
20 authorized to vote in the county in which his or her signature
21 is submitted.
22
23 The supervisor shall retain the signature forms for at least 1
24 year following the election in which the issue appeared on the
25 ballot or until the Division of Elections notifies the
26 supervisors of elections that the committee which circulated
27 the petition is no longer seeking to obtain ballot position.
28 (6)(a) An elector's signature on a petition form may
29 be revoked within 150 days of the date on which he or she
30 signed the petition form by submitting to the appropriate
31 supervisor of elections a signed petition-revocation form
31
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1 adopted by rule for this purpose by the division.
2 (b) The petition-revocation form and the manner in
3 which signatures are obtained, submitted, and verified shall
4 be subject to the same relevant requirements and timeframes as
5 the corresponding petition form and processes under this code
6 and shall be approved by the Secretary of State before any
7 signature on a petition-revocation form is obtained.
8 (c) Supervisors of elections shall provide
9 petition-revocation forms to the public at all main and branch
10 offices.
11 (d) The petition-revocation form shall be filed with
12 the supervisor of elections by February 1 preceding the next
13 general election or, if the initiative amendment is not
14 certified for ballot position in that election, by February 1
15 preceding the next successive general election. The supervisor
16 of elections shall promptly verify the signature on the
17 petition-revocation form and process such revocation upon
18 payment, in advance, of a fee of 10 cents or the actual cost
19 of verifying such signature, whichever is less. The supervisor
20 shall promptly record each valid and verified
21 petition-revocation form in the statewide voter registration
22 system in the manner prescribed by the Secretary of State.
23 (7)(6) The Department of State may adopt rules in
24 accordance with s. 120.54 to carry out the provisions of
25 subsections (1)-(6) (1)-(5).
26 Section 26. Subsection (1) of section 101.043, Florida
27 Statutes, is amended to read:
28 101.043 Identification required at polls.--
29 (1) The precinct register, as prescribed in s. 98.461,
30 shall be used at the polls for the purpose of identifying the
31 elector at the polls prior to allowing him or her to vote. The
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1 clerk or inspector shall require each elector, upon entering
2 the polling place, to present one of the following current and
3 valid picture identifications:
4 (a) Florida driver's license.
5 (b) Florida identification card issued by the
6 Department of Highway Safety and Motor Vehicles.
7 (c) United States passport.
8 (d) Employee badge or identification.
9 (e) Buyer's club identification.
10 (d)(f) Debit or credit card.
11 (e)(g) Military identification.
12 (f)(h) Student identification.
13 (g)(i) Retirement center identification.
14 (h)(j) Neighborhood association identification.
15 (i)(k) Public assistance identification.
16
17 If the picture identification does not contain the signature
18 of the voter, an additional identification that provides the
19 voter's signature shall be required. The elector shall sign
20 his or her name in the space provided on the precinct register
21 or on an electronic device provided for recording the voter's
22 signature. The clerk or inspector shall compare the signature
23 with that on the identification provided by the elector and
24 enter his or her initials in the space provided on the
25 precinct register or on an electronic device provided for that
26 purpose and allow the elector to vote if the clerk or
27 inspector is satisfied as to the identity of the elector.
28 Section 27. Subsection (1) of section 101.048, Florida
29 Statutes, is amended to read:
30 101.048 Provisional ballots.--
31 (1) At all elections, a voter claiming to be properly
33
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1 registered in the state and eligible to vote at the precinct
2 in the election but whose eligibility cannot be determined, a
3 person whom an election official asserts is not eligible, and
4 other persons specified in the code shall be entitled to vote
5 a provisional ballot. Once voted, the provisional ballot shall
6 be placed in a secrecy envelope and thereafter sealed in a
7 provisional ballot envelope. The provisional ballot shall be
8 deposited in a ballot box. All provisional ballots shall
9 remain sealed in their envelopes for return to the supervisor
10 of elections. The department shall prescribe the form of the
11 provisional ballot envelope. A person casting a provisional
12 ballot shall have the right to present written evidence
13 supporting his or her eligibility to vote to the supervisor of
14 elections by not later than 5 p.m. on the second third day
15 following the election.
16 Section 28. Subsection (1) of section 101.573, Florida
17 Statutes, is amended to read:
18 101.573 Record of votes by precinct.--
19 (1) Within 35 75 days after the date of a municipal
20 election or runoff, whichever occurs later, a presidential
21 preference primary, a primary election, a special election, or
22 a general election, the supervisor of elections shall file
23 with the Department of State precinct-level election results,
24 in an electronic format specified by the Department of State,
25 for that election cycle, including any primary elections.
26 Precinct-level election results shall separately record for
27 each precinct all demographic data associated with each
28 precinct at book close for each election, individual vote
29 history, the returns of ballots cast at the precinct location,
30 to which have been added the returns of absentee ballots cast
31 by voters registered in the precinct, and the returns of early
34
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1 ballots cast by voters registered in the precinct. The data
2 are required to be cross referenced by political party and
3 other demographic information as defined by the Department of
4 State. The Department of State shall create a uniform system
5 for the collection and reporting of such precinct-level
6 election results and vote history.
7 Section 29. Subsections (6) and (8) of section
8 101.6103, Florida Statutes, are amended to read:
9 101.6103 Mail ballot election procedure.--
10 (6) The canvassing board may begin the canvassing of
11 mail ballots at 7 a.m. on the sixth fourth day before the
12 election, including processing the ballots through the
13 tabulating equipment. However, results may not be released
14 until after 7 p.m. on election day. Any canvassing board
15 member or election employee who releases any result before 7
16 p.m. on election day commits a felony of the third degree,
17 punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.
19 (8) Effective July 1, 2005, A ballot that otherwise
20 satisfies the requirements of subsection (5) shall be counted
21 even if the elector dies after mailing the ballot but before
22 election day, as long as, prior to the death of the voter, the
23 ballot was:
24 (a) Postmarked by the United States Postal Service;
25 (b) Date-stamped with a verifiable tracking number by
26 common carrier; or
27 (c) Already in the possession of the supervisor of
28 elections.
29 Section 30. Effective July 1, 2007, subsections (1)
30 and (4) of section 101.62, Florida Statutes, are amended to
31 read:
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1 101.62 Request for absentee ballots.--
2 (1)(a) The supervisor may accept a request for an
3 absentee ballot from an elector in person or in writing.
4 Except as provided in s. 101.694, one request shall be deemed
5 sufficient to receive an absentee ballot for all elections
6 through the next two regularly scheduled general elections
7 which are held within a calendar year, unless the elector or
8 the elector's designee indicates at the time the request is
9 made the elections for which the elector desires to receive an
10 absentee ballot. Such request may be considered canceled when
11 any first-class mail sent by the supervisor to the elector is
12 returned as undeliverable.
13 (b) The supervisor may accept a written or telephonic
14 request for an absentee ballot from the elector, or, if
15 directly instructed by the elector, a member of the elector's
16 immediate family, or the elector's legal guardian. For
17 purposes of this section, the term "immediate family" has the
18 same meaning as specified in paragraph (4)(b). The person
19 making the request must disclose:
20 1. The name of the elector for whom the ballot is
21 requested;
22 2. The elector's address;
23 3. The elector's date of birth;
24 4. The requester's name;
25 5. The requester's address;
26 6. The requester's driver's license number, if
27 available;
28 7. The requester's relationship to the elector; and
29 8. The requester's signature (written requests only).
30 (4)(a) To each absent qualified elector overseas who
31 has requested an absentee ballot, the supervisor of elections
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1 shall mail an absentee ballot not less fewer than 35 days
2 before the primary election and not less than 45 days before
3 the or general election.
4 (b) The supervisor shall provide an absentee ballot to
5 each elector by whom a request for that ballot has been made
6 by one of the following means:
7 1. By nonforwardable, return-if-undeliverable mail to
8 the elector's current mailing address on file with the
9 supervisor, unless the elector specifies in the request that:
10 a. The elector is absent from the county and does not
11 plan to return before the day of the election;
12 b. The elector is temporarily unable to occupy the
13 residence because of hurricane, tornado, flood, fire, or other
14 emergency or natural disaster; or
15 c. The elector is in a hospital, assisted-living
16 facility, nursing home, short-term medical or rehabilitation
17 facility, or correctional facility,
18
19 in which case the supervisor shall mail the ballot by
20 nonforwardable, return-if-undeliverable mail to any other
21 address the elector specifies in the request.
22 2. By forwardable mail to voters who are entitled to
23 vote by absentee ballot under the Uniformed and Overseas
24 Citizens Absentee Voting Act.
25 3. By personal delivery before 7 p.m. on election day
26 to the elector, upon presentation of the identification
27 required in s. 101.043 s. 101.657.
28 4. By delivery to a designee on election day or up to
29 5 4 days prior to the day of an election. Any elector may
30 designate in writing a person to pick up the ballot for the
31 elector; however, the person designated may not pick up more
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1 than two absentee ballots per election, other than the
2 designee's own ballot, except that additional ballots may be
3 picked up for members of the designee's immediate family. For
4 purposes of this section, "immediate family" means the
5 designee's spouse or the parent, child, grandparent, or
6 sibling of the designee or of the designee's spouse. The
7 designee shall provide to the supervisor the written
8 authorization by the elector and a picture identification of
9 the designee and must complete an affidavit. The designee
10 shall state in the affidavit that the designee is authorized
11 by the elector to pick up that ballot and shall indicate if
12 the elector is a member of the designee's immediate family
13 and, if so, the relationship. The department shall prescribe
14 the form of the affidavit. If the supervisor is satisfied that
15 the designee is authorized to pick up the ballot and that the
16 signature of the elector on the written authorization matches
17 the signature of the elector on file, the supervisor shall
18 give the ballot to that designee for delivery to the elector.
19 Section 31. Subsection (2) of section 101.68, Florida
20 Statutes, is amended to read:
21 101.68 Canvassing of absentee ballot.--
22 (2)(a) The county canvassing board may begin the
23 canvassing of absentee ballots at 7 a.m. on the sixth fourth
24 day before the election, but not later than noon on the day
25 following the election. In addition, for any county using
26 electronic tabulating equipment, the processing of absentee
27 ballots through such tabulating equipment may begin at 7 a.m.
28 on the sixth fourth day before the election. However,
29 notwithstanding any such authorization to begin canvassing or
30 otherwise processing absentee ballots early, no result shall
31 be released until after the closing of the polls in that
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1 county on election day. Any supervisor of elections, deputy
2 supervisor of elections, canvassing board member, election
3 board member, or election employee who releases the results of
4 a canvassing or processing of absentee ballots prior to the
5 closing of the polls in that county on election day commits a
6 felony of the third degree, punishable as provided in s.
7 775.082, s. 775.083, or s. 775.084.
8 (b) To ensure that all absentee ballots to be counted
9 by the canvassing board are accounted for, the canvassing
10 board shall compare the number of ballots in its possession
11 with the number of requests for ballots received to be counted
12 according to the supervisor's file or list.
13 (c)1. The canvassing board shall, if the supervisor
14 has not already done so, compare the signature of the elector
15 on the voter's certificate with the signature of the elector
16 in the registration books to see that the elector is duly
17 registered in the county and to determine the legality of that
18 absentee ballot. Effective July 1, 2005, The ballot of an
19 elector who casts an absentee ballot shall be counted even if
20 the elector dies on or before election day, as long as, prior
21 to the death of the voter, the ballot was postmarked by the
22 United States Postal Service, date-stamped with a verifiable
23 tracking number by common carrier, or already in the
24 possession of the supervisor of elections. An absentee ballot
25 shall be considered illegal if it does not include the
26 signature of the elector, as shown by the registration
27 records. However, an absentee ballot shall not be considered
28 illegal if the signature of the elector does not cross the
29 seal of the mailing envelope. If the canvassing board
30 determines that any ballot is illegal, a member of the board
31 shall, without opening the envelope, mark across the face of
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1 the envelope: "rejected as illegal." The envelope and the
2 ballot contained therein shall be preserved in the manner that
3 official ballots voted are preserved.
4 2. If any elector or candidate present believes that
5 an absentee ballot is illegal due to a defect apparent on the
6 voter's certificate, he or she may, at any time before the
7 ballot is removed from the envelope, file with the canvassing
8 board a protest against the canvass of that ballot, specifying
9 the precinct, the ballot, and the reason he or she believes
10 the ballot to be illegal. A challenge based upon a defect in
11 the voter's certificate may not be accepted after the ballot
12 has been removed from the mailing envelope.
13 (d) The canvassing board shall record the ballot upon
14 the proper record, unless the ballot has been previously
15 recorded by the supervisor. The mailing envelopes shall be
16 opened and the secrecy envelopes shall be mixed so as to make
17 it impossible to determine which secrecy envelope came out of
18 which signed mailing envelope; however, in any county in which
19 an electronic or electromechanical voting system is used, the
20 ballots may be sorted by ballot styles and the mailing
21 envelopes may be opened and the secrecy envelopes mixed
22 separately for each ballot style. The votes on absentee
23 ballots shall be included in the total vote of the county.
24 Section 32. Subsection (2) of section 102.112, Florida
25 Statutes, is amended to read:
26 102.112 Deadline for submission of county returns to
27 the Department of State.--
28 (2) Returns must be filed by 5 p.m. on the 7th day
29 following a primary election and by noon 5 p.m. on the 12th
30 11th day following the general election. However, the
31 Department of State may correct typographical errors,
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1 including the transposition of numbers, in any returns
2 submitted to the Department of State pursuant to s.
3 102.111(1).
4 Section 33. Present subsections (4) through (9) of
5 section 102.141, Florida Statutes, are renumbered as
6 subsections (5) through (10), respectively, present
7 subsections (4) and (6) of that section are amended, and a new
8 subsection (4) is added to that section, to read:
9 102.141 County canvassing board; duties.--
10 (4) The canvassing board shall submit by 11:59 p.m. on
11 election night the preliminary returns it has received to the
12 Department of State in a format provided by the department.
13 (5)(4) The canvassing board shall submit on forms or
14 in formats provided by the division unofficial returns to the
15 Department of State for each federal, statewide, state, or
16 multicounty office or ballot measure no later than noon on the
17 third day after any primary election and no later than noon on
18 the fourth fifth day after any general or other election. Such
19 returns shall include the canvass of all ballots as required
20 by subsection (2), except for provisional ballots, which
21 returns shall be reported at the time required for official
22 returns pursuant to s. 102.112(2).
23 (7)(6) If the unofficial returns reflect that a
24 candidate for any office was defeated or eliminated by
25 one-half of a percent or less of the votes cast for such
26 office, that a candidate for retention to a judicial office
27 was retained or not retained by one-half of a percent or less
28 of the votes cast on the question of retention, or that a
29 measure appearing on the ballot was approved or rejected by
30 one-half of a percent or less of the votes cast on such
31 measure, the board responsible for certifying the results of
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1 the vote on such race or measure shall order a recount of the
2 votes cast with respect to such office or measure. The
3 Elections Canvassing Commission is the board responsible for
4 ordering federal, state, and multicounty recounts. A recount
5 need not be ordered with respect to the returns for any
6 office, however, if the candidate or candidates defeated or
7 eliminated from contention for such office by one-half of a
8 percent or less of the votes cast for such office request in
9 writing that a recount not be made.
10 (a) Each canvassing board responsible for conducting a
11 recount shall put each marksense ballot through automatic
12 tabulating equipment and determine whether the returns
13 correctly reflect the votes cast. If any marksense ballot is
14 physically damaged so that it cannot be properly counted by
15 the automatic tabulating equipment during the recount, a true
16 duplicate shall be made of the damaged ballot pursuant to the
17 procedures in s. 101.5614(5). Immediately before the start of
18 the recount, a test of the tabulating equipment shall be
19 conducted as provided in s. 101.5612. If the test indicates no
20 error, the recount tabulation of the ballots cast shall be
21 presumed correct and such votes shall be canvassed
22 accordingly. If an error is detected, the cause therefor shall
23 be ascertained and corrected and the recount repeated, as
24 necessary. The canvassing board shall immediately report the
25 error, along with the cause of the error and the corrective
26 measures being taken, to the Department of State. No later
27 than 11 days after the election, the canvassing board shall
28 file a separate incident report with the Department of State,
29 detailing the resolution of the matter and identifying any
30 measures that will avoid a future recurrence of the error.
31 (b) Each canvassing board responsible for conducting a
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1 recount where touchscreen ballots were used shall examine the
2 counters on the precinct tabulators to ensure that the total
3 of the returns on the precinct tabulators equals the overall
4 election return. If there is a discrepancy between the overall
5 election return and the counters of the precinct tabulators,
6 the counters of the precinct tabulators shall be presumed
7 correct and such votes shall be canvassed accordingly.
8 (c) The canvassing board shall submit on forms or in
9 formats provided by the division a second set of unofficial
10 returns to the Department of State for each federal,
11 statewide, state, or multicounty office or ballot measure no
12 later than 3 p.m. on the fifth day after any primary election
13 and no later than 3 p.m. on the ninth eighth day after any
14 general election in which a recount was conducted pursuant to
15 this subsection. If the canvassing board is unable to complete
16 the recount prescribed in this subsection by the deadline, the
17 second set of unofficial returns submitted by the canvassing
18 board shall be identical to the initial unofficial returns and
19 the submission shall also include a detailed explanation of
20 why it was unable to timely complete the recount. However, the
21 canvassing board shall complete the recount prescribed in this
22 subsection, along with any manual recount prescribed in s.
23 102.166, and certify election returns in accordance with the
24 requirements of this chapter.
25 (d) The Department of State shall adopt detailed rules
26 prescribing additional recount procedures for each certified
27 voting system, which shall be uniform to the extent
28 practicable.
29 Section 34. Paragraph (b) of subsection (5) of section
30 102.166, Florida Statutes, is amended to read:
31 102.166 Manual recounts.--
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1 (5) Procedures for a manual recount are as follows:
2 (b) Each duplicate ballot prepared pursuant to s.
3 101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared
4 with the original ballot to ensure the correctness of the
5 duplicate.
6 Section 35. Subsection (3) is added to section
7 103.081, Florida Statutes, to read:
8 103.081 Use of party name; political advertising.--
9 (3) A political party may file with the Department of
10 State names of groups or committees associated with the
11 political party. Such filed names may not be used without
12 first obtaining the written permission of the chair of the
13 state executive committee of the party.
14 Section 36. Subsections (1) and (4) and paragraph (b)
15 of subsection (6) of section 103.091, Florida Statutes, are
16 amended to read:
17 103.091 Political parties.--
18 (1) Each political party of the state shall be
19 represented by a state executive committee. County executive
20 committees and other committees may be established in
21 accordance with the rules of the state executive committee. A
22 political party may provide for the selection of its national
23 committee and its state and county executive committees in
24 such manner as it deems proper. Unless otherwise provided by
25 party rule, the county executive committee of each political
26 party shall consist of at least two members, a man and a
27 woman, from each precinct, who shall be called the precinct
28 committeeman and committeewoman. For counties divided into 40
29 or more precincts, the state executive committee may adopt a
30 district unit of representation for such county executive
31 committees. Upon adoption of a district unit of
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1 representation, the state executive committee shall request
2 the supervisor of elections of that county, with approval of
3 the board of county commissioners, to provide for election
4 districts as nearly equal in number of registered voters as
5 possible. Each county committeeman or committeewoman shall be
6 a resident of the precinct from which he or she is elected.
7 Each state committeeman or committeewoman must be a member in
8 good standing of the county executive committee for the county
9 in which the state committeeman or committeewoman is a
10 registered voter.
11 (4) Any political party other than a minor political
12 party may by rule provide for the membership of its state or
13 county executive committee to be elected for 4-year terms at
14 the primary election in each year a presidential election is
15 held. The terms shall commence on the first day of the month
16 following each presidential general election; but the names of
17 candidates for political party offices shall not be placed on
18 the ballot at any other election. The results of such election
19 shall be determined by a plurality of the votes cast. In such
20 event, electors seeking to qualify for such office shall do so
21 with the Department of State or supervisor of elections not
22 earlier than noon of the 71st 57th day, or later than noon of
23 the 67th 53rd day, preceding the primary election. The
24 outgoing chair of each county executive committee shall,
25 within 30 days after the committee members take office, hold
26 an organizational meeting of all newly elected members for the
27 purpose of electing officers. The chair of each state
28 executive committee shall, within 60 days after the committee
29 members take office, hold an organizational meeting of all
30 newly elected members for the purpose of electing officers.
31 (6)
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1 (b) Each state executive committee shall include, as
2 at-large committeemen and committeewomen, all members of the
3 United States Congress representing the State of Florida who
4 are members of the political party, all statewide elected
5 officials who are members of the party, 10 Florida registered
6 voters who are members of the party as appointed by the
7 Governor if the Governor is a member of the party, and the
8 President of the Senate or the Minority Leader in the Senate,
9 and the Speaker of the House of Representatives or the
10 Minority Leader in the House of Representatives, whichever is
11 a member of the political party, and 20 members of the
12 Legislature who are members of the political party. Ten of
13 the legislators shall be appointed with the concurrence of the
14 state chair of the respective party, as follows: five to be
15 appointed by the President of the Senate; five by the Minority
16 Leader in the Senate; five by the Speaker of the House of
17 Representatives; and five by the Minority Leader in the House.
18 Section 37. Section 103.141, Florida Statutes, is
19 amended to read:
20 103.141 Removal of county executive committee member
21 for violation of oath.--
22 (1) Where the county executive committee by at least a
23 two-thirds majority vote of the members of the committee,
24 attending a meeting held after due notice has been given and
25 at which meeting a quorum is present, determines an incumbent
26 county executive committee member to be guilty of an offense
27 involving a violation of the member's oath of office, said
28 member so violating his or her oath shall be removed from
29 office and the office shall be deemed vacant. Provided,
30 however, if the county committee wrongfully removes a county
31 committee member and the committee member so wrongfully
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1 removed files suit in the circuit court alleging his or her
2 removal was wrongful and wins said suit, the committee member
3 shall be restored to office and the county committee shall pay
4 the costs incurred by the wrongfully removed committee member
5 in bringing the suit, including reasonable attorney's fees.
6 (2) Any officer, county committeeman, county
7 committeewoman, precinct committeeman, precinct
8 committeewoman, or member of a county executive committee may
9 be removed from office pursuant to s. 103.161. Either the
10 county or state executive committee is empowered to take
11 judicial action in chancery against a county committee member
12 for alleged violation of the member's oath of office in the
13 circuit court of the county in which that committee member is
14 an elector; provided, however, that the state committee may
15 take such judicial action only when a county committee refuses
16 to take such judicial action within 10 days after a charge is
17 made. Procedure shall be as in other cases in chancery, and if
18 the court shall find as fact that the defendant did violate
19 his or her oath of office, it shall enter a decree removing
20 the defendant from the county committee. If either such
21 executive committee brings suit in the circuit court for the
22 removal of a county committee member and loses said suit, such
23 committee shall pay the court costs incurred in such suit by
24 the committee member, including reasonable attorney's fees.
25 Section 38. Section 103.151, Florida Statutes, is
26 repealed.
27 Section 39. Section 103.161, Florida Statutes, is
28 created to read:
29 103.161 Removal or suspension of officers or members
30 of state executive committee or county executive committee.--
31 (1) The chairman of the state executive committee is
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1 empowered to remove or suspend from an office within the
2 chairman's political party any officer, state committeeman,
3 state committeewoman, county committeeman, county
4 committeewoman, precinct committeeman, precinct
5 committeewoman, or other member of a state executive
6 committee, county executive committee, political party club,
7 or other organization using the political party name as
8 provided in s. 103.081 for a violation of the oath of office
9 taken by such individual or for engaging in other activities
10 described in this section.
11 (2) Such violation may include engaging in activities
12 that have or could have injured the name or status of the
13 political party or interfered with the activities of the
14 political party. The chairman has sole discretion to determine
15 if a violation occurred.
16 (3) Upon the chairman's determination that a violation
17 of the oath of office occurred or that an individual engaged
18 in other activities described in this section, the chairman
19 may remove or suspend the individual from his or her office.
20 If the chairman removes the individual from office, the office
21 shall be deemed vacant upon the delivery of the chairman's
22 written order of removal to the individual. When a vacancy in
23 office is created, the chairman shall appoint an individual to
24 serve through the end of the term of the office. If the
25 chairman suspends the individual, the chairman shall determine
26 the length of the suspension.
27 (4) An individual removed from office by the chairman
28 shall not be eligible to serve on the state executive
29 committee or any county executive committee of the political
30 party for a period of no less than 4 years from the effective
31 date of the removal.
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1 Section 40. Subsection (1) of section 105.031, Florida
2 Statutes, is amended to read:
3 105.031 Qualification; filing fee; candidate's oath;
4 items required to be filed.--
5 (1) TIME OF QUALIFYING.--Except for candidates for
6 judicial office, nonpartisan candidates for multicounty office
7 shall qualify with the Division of Elections of the Department
8 of State and nonpartisan candidates for countywide or less
9 than countywide office shall qualify with the supervisor of
10 elections. Candidates for judicial office other than the
11 office of county court judge shall qualify with the Division
12 of Elections of the Department of State, and candidates for
13 the office of county court judge shall qualify with the
14 supervisor of elections of the county. Candidates for judicial
15 office shall qualify no earlier than noon of the 120th day,
16 and no later than noon of the 116th day, before the primary
17 election. Candidates for the office of school board member
18 shall qualify no earlier than noon of the 71st 50th day, and
19 no later than noon of the 67th 46th day, before the primary
20 election. Filing shall be on forms provided for that purpose
21 by the Division of Elections and furnished by the appropriate
22 qualifying officer. Any person seeking to qualify by the
23 petition process, as set forth in s. 105.035, who has
24 submitted the necessary petitions by the required deadline and
25 is notified after the fifth day prior to the last day for
26 qualifying that the required number of signatures has been
27 obtained, shall be entitled to subscribe to the candidate's
28 oath and file the qualifying papers at any time within 5 days
29 from the date he or she is notified that the necessary number
30 of signatures has been obtained. Any person other than a
31 write-in candidate who qualifies within the time prescribed in
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1 this subsection shall be entitled to have his or her name
2 printed on the ballot.
3 Section 41. Paragraph (c) of subsection (1) of section
4 106.021, Florida Statutes, is amended to read:
5 106.021 Campaign treasurers; deputies; primary and
6 secondary depositories.--
7 (1)
8 (c) Any campaign treasurer or deputy treasurer
9 appointed pursuant to this section shall be a registered voter
10 in this state and shall, before such appointment may become
11 effective, have accepted appointment to such position in
12 writing and filed such acceptance with the officer before whom
13 the candidate is required to qualify or with the officer with
14 whom the political committee is required to file reports. An
15 individual may be appointed and serve as campaign treasurer of
16 a candidate and a political committee or two or more
17 candidates and political committees. A candidate may appoint
18 herself or himself as campaign treasurer.
19 Section 42. Subsection (1) of section 106.04, Florida
20 Statutes, is amended to read:
21 106.04 Committees of continuous existence.--
22 (1) In order to qualify as a committee of continuous
23 existence for the purposes of this chapter, a group,
24 organization, association, or other such entity which is
25 involved in making contributions to candidates, political
26 committees, or political parties, shall meet the following
27 criteria:
28 (a) It shall be organized and operated in accordance
29 with a written charter or set of bylaws which contains
30 procedures for the election of officers and directors and
31 which clearly defines membership in the organization; and
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1 (b) At least 25 percent of the income of such
2 organization, excluding interest, must be derived from dues or
3 assessments payable on a regular basis by its membership
4 pursuant to provisions contained in the charter or bylaws.
5 Dues may be collected by a group, organization, association,
6 or other such entity from its members and forwarded to the
7 committee of continuous existence. The committee of continuous
8 existence shall report such dues as if it had received the
9 dues directly from its members, in the manner prescribed in
10 subsection (4).
11 Section 43. Section 106.055, Florida Statutes, is
12 amended to read:
13 106.055 Valuation of in-kind contributions.--Any
14 person who makes an in-kind contribution shall, at the time of
15 making such contribution, place a value on such contribution,
16 which valuation shall be the fair market value of such
17 contribution. Travel conveyed upon private aircraft shall be
18 valued at the actual cost of per person commercial air travel
19 for the same or a substantially similar route.
20 Section 44. Subsection (10) is added to section
21 106.08, Florida Statutes, to read:
22 106.08 Contributions; limitations on.--
23 (10) Contributions to a political committee or
24 committee of continuous existence may be received by an
25 affiliated organization and transferred to the bank account of
26 the political committee or committee of continuous existence
27 via check written from the affiliated organization if such
28 contributions are specifically identified as intended to be
29 contributed to the political committee or committee of
30 continuous existence. All contributions received in this
31 manner shall be reported pursuant to s. 106.07 by the
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1 political committee or committee of continuous existence as
2 having been made by the original contributor.
3 Section 45. Section 106.09, Florida Statutes, is
4 amended to read:
5 106.09 Cash contributions and contribution by
6 cashier's checks.--
7 (1) A person may not make or accept a cash
8 contribution or contribution by means of a cashier's check in
9 excess of $50 $100.
10 (2)(a) Any person who makes or accepts a contribution
11 in excess of $50 $100 in violation of this section commits a
12 misdemeanor of the first degree, punishable as provided in s.
13 775.082 or s. 775.083.
14 (b) Any person who knowingly and willfully makes or
15 accepts a contribution in excess of $5,000 in violation of
16 this section commits a felony of the third degree, punishable
17 as provided in s. 775.082, s. 775.083, or s. 775.084.
18 Section 46. Subsection (1) of section 106.143, Florida
19 Statutes, is amended to read:
20 106.143 Political advertisements circulated prior to
21 election; requirements.--
22 (1)(a) Any political advertisement that is paid for by
23 a candidate and that is published, displayed, or circulated
24 prior to, or on the day of, any election must prominently
25 state: "Political advertisement paid for and approved by
26 ...(name of candidate)..., ...(party affiliation)..., for
27 ...(office sought)...."
28 (b) Any other political advertisement published,
29 displayed, or circulated prior to, or on the day of, any
30 election must prominently:
31 1. Be marked "paid political advertisement" or with
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1 the abbreviation "pd. pol. adv."
2 2. State the name and address of the persons
3 sponsoring the advertisement.
4 3.a.(I) State whether the advertisement and the cost
5 of production is paid for or provided in kind by or at the
6 expense of the entity publishing, displaying, broadcasting, or
7 circulating the political advertisement; or
8 (II) State who provided or paid for the advertisement
9 and cost of production, if different from the source of
10 sponsorship.
11 b. This subparagraph does not apply if the source of
12 the sponsorship is patently clear from the content or format
13 of the political advertisement.
14 (c) Any political advertisement made pursuant to s.
15 106.021(3)(d) must be marked "paid political advertisement" or
16 with the abbreviation "pd. pol. adv." and must prominently
17 state, "Paid for and sponsored by ...(name of person paying
18 for political advertisement). Approved by...(names of persons,
19 party affiliation, and offices sought in the political
20 advertisement)."...
21
22 This subsection does not apply to campaign messages used by a
23 candidate and the candidate's supporters if those messages are
24 designed to be worn by a person.
25 Section 47. Section 106.17, Florida Statutes, is
26 amended to read:
27 106.17 Polls and surveys relating to candidacies.--Any
28 candidate, political committee, committee of continuous
29 existence, electioneering communication organization, or state
30 or county executive committee of a political party may
31 authorize or conduct a political poll, survey, index, or
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1 measurement of any kind relating to candidacy for public
2 office so long as the candidate, political committee,
3 committee of continuous existence, electioneering
4 communication organization, or political party maintains
5 complete jurisdiction over the poll in all its aspects.
6 Section 48. Section 106.25, Florida Statutes, is
7 amended to read:
8 106.25 Reports of alleged violations to Florida
9 Elections Commission; disposition of findings.--
10 (1) Jurisdiction to investigate and determine
11 violations of this chapter and chapter 104 is vested in the
12 Florida Elections Commission; however, nothing in this section
13 limits the jurisdiction of any other officers or agencies of
14 government empowered by law to investigate, act upon, or
15 dispose of alleged violations of this code.
16 (2) The commission shall investigate all violations of
17 this chapter and chapter 104, but only after having received
18 either a sworn complaint or information reported to it under
19 this subsection by the Division of Elections. Such sworn
20 complaint must be based upon personal information or
21 information other than hearsay. Any person, other than the
22 division, having information of any violation of this chapter
23 or chapter 104 shall file a sworn complaint with the
24 commission. The commission shall investigate only those
25 alleged violations specifically contained within the sworn
26 complaint. If any complainant fails to allege all violations
27 that arise from the facts or allegations alleged in a
28 complaint, the commission shall be barred from investigating a
29 subsequent complaint from such complainant that is based upon
30 such facts or allegations that were raised or could have been
31 raised in the first complaint. If the complaint includes
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1 allegations of violations relating to expense items reimbursed
2 by a candidate, committee, or organization to the campaign
3 account before a sworn complaint is filed, the commission
4 shall be barred from investigating such allegations. Such
5 sworn complaint shall state whether a complaint of the same
6 violation has been made to any state attorney. Within 5 days
7 after receipt of a sworn complaint, the commission shall
8 transmit a copy of the complaint to the alleged violator. If
9 the executive director finds that the complaint is legally
10 sufficient, the respondent shall be notified of such finding
11 by letter, which sets forth the statutory provisions alleged
12 to have been violated and the alleged factual basis that
13 supports the finding. All sworn complaints alleging violations
14 of the Florida Election Code over which the commission has
15 jurisdiction shall be filed with the commission within 2 years
16 after the alleged violations. The period of limitations is
17 tolled on the day a sworn complaint is filed with the
18 commission. The complainant may withdraw the sworn complaint
19 at any time prior to a probable cause hearing if good cause is
20 shown. Withdrawal shall be requested in writing, signed by the
21 complainant, and witnessed by a notary public, stating the
22 facts and circumstances constituting good cause. The executive
23 director shall prepare a written recommendation regarding
24 disposition of the request which shall be given to the
25 commission together with the request. "Good cause" shall be
26 determined based upon the legal sufficiency or insufficiency
27 of the complaint to allege a violation and the reasons given
28 by the complainant for wishing to withdraw the complaint. If
29 withdrawal is permitted, the commission must close the
30 investigation and the case. No further action may be taken.
31 The complaint will become a public record at the time of
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1 withdrawal.
2 (3) For the purposes of commission jurisdiction, a
3 violation shall mean the willful performance of an act
4 prohibited by this chapter or chapter 104 or the willful
5 failure to perform an act required by this chapter or chapter
6 104. Willfulness is a determination of fact; however, at the
7 request of the respondent, willfulness may be considered and
8 determined in an informal hearing before the commission.
9 (4) The commission shall undertake a preliminary
10 investigation to determine if the facts alleged in a sworn
11 complaint or a matter initiated by the division constitute
12 probable cause to believe that a violation has occurred. The
13 respondent, the complainant, and their respective counsel
14 shall be permitted to attend the hearing at which the probable
15 cause determination is made. Notice of the hearing shall be
16 sent to the respondent and the complainant at least 14 days
17 prior to the date of the hearing. The respondent and his or
18 her counsel shall be permitted to make a brief oral statement
19 in the nature of oral argument to the commission before the
20 probable cause determination. The commission's determination
21 shall be based upon the investigator's report, the complaint,
22 and staff recommendations, as well as any written statements
23 submitted by the respondent and any oral statements made at
24 the hearing. No testimony or other evidence shall be accepted
25 at the hearing. Upon completion of the preliminary
26 investigation, the commission shall, by written report, find
27 probable cause or no probable cause to believe that this
28 chapter or chapter 104 has been violated.
29 (a) When the investigator's report is completed, the
30 executive director shall notify the respondent that the report
31 is completed and shall send to the respondent a copy of the
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1 investigator's report. The investigatory file and main
2 complaint file shall be open for inspection by the respondent
3 and the respondent's counsel at that time, and copies may be
4 obtained at no more than cost.
5 (b) The respondent shall be given not less than 14
6 days from the date of mailing of the investigator's report to
7 file with the commission a written response to the
8 investigator's report. This time period may be shortened with
9 the consent of the respondent, or without the consent of the
10 respondent when the passage of time could reasonably be
11 expected to render moot the ultimate disposition of the matter
12 by the commission so long as reasonable notice under the
13 circumstances is given.
14 (c) Counsel for the commission shall review the
15 investigator's report and shall make a written recommendation
16 to the commission for the disposition of the complaint. If the
17 counsel for the commission recommends that the commission find
18 probable cause, the recommendation shall include a statement
19 of what charges shall be at issue. A copy of the
20 recommendation shall be furnished to the respondent. The
21 respondent shall be given not less than 14 days from the date
22 of mailing of the recommendation of counsel for the commission
23 to file with the commission a written response to the
24 recommendation. This time period may be shortened with the
25 consent of the respondent, or without the consent of the
26 respondent when the passage of time could reasonably be
27 expected to render moot the ultimate disposition of the matter
28 by the commission, so long as the recommendation is furnished
29 to the respondent within a reasonable period of time under the
30 circumstances.
31 (d) The respondent and each complainant, their
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1 counsel, and the counsel for the commission shall be permitted
2 to attend the hearing at which the probable cause
3 determination is made. Notice of the hearing shall be sent to
4 the respondent, each complainant, and counsel for the
5 commission at least 14 days before the hearing. This time
6 period may be shortened with the consent of the respondent, or
7 without the consent of the respondent when the passage of time
8 could reasonably be expected to render moot the ultimate
9 disposition of the matter by the commission, so long as the
10 notice is furnished within a reasonable period of time under
11 the circumstances.
12 (e) The probable cause determination is the conclusion
13 of the preliminary investigation. The respondent and the
14 counsel for the commission shall be permitted to make brief
15 oral statements in the nature of oral argument to the
16 commission, based on the investigator's report, before the
17 probable cause determination. The commission's determination
18 shall be based upon the investigator's report, the
19 recommendation of counsel for the commission, the complaint,
20 and staff recommendations, as well as any written statements
21 submitted by the respondent and any oral statements made at
22 the hearing. No testimony or other evidence will be accepted
23 at the hearing.
24 (f) At its meeting to determine probable cause, the
25 commission may continue its determination to allow further
26 investigation; may order the issuance of a public report of
27 its investigation if it finds no probable cause to believe
28 that there has been a violation of this chapter or chapter
29 104, concluding the matter before it; may order a final,
30 public hearing of the complaint if it finds probable cause to
31 believe that there has been a violation of this chapter or
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1 chapter 104; or may take such other action as it deems
2 necessary to resolve the complaint, consistent with due
3 process of law. In making its determination, the commission
4 may consider:
5 1. The sufficiency of the evidence against the
6 respondent, as contained in the investigator's report;
7 2. The admissions and other stipulations of the
8 respondent, if any;
9 3. The nature and circumstances of the respondent's
10 actions;
11 4. The expense of further proceedings; and
12 5. Such other factors as it deems material to its
13 decision.
14
15 If the commission finds probable cause, the commission shall
16 determine what charges shall be at issue.
17 (g)(a) If no probable cause is found, the commission
18 shall dismiss the case and the case shall become a matter of
19 public record, except as otherwise provided in this section,
20 together with a written statement of the findings of the
21 preliminary investigation and a summary of the facts which the
22 commission shall send to the complainant and the alleged
23 violator. A finding of no probable cause by the commission is
24 a full adjudication of all such matters. The commission may
25 not charge a respondent in a subsequent complaint alleging
26 violations based upon the same actions, nonactions, or
27 circumstances wherein the commission found no probable cause.
28 (h)(b) If probable cause is found, the commission
29 shall so notify the complainant and the alleged violator in
30 writing. All documents made or received in the disposition of
31 the complaint shall become public records upon a finding by
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1 the commission.
2 (i)1. Upon a commission finding of probable cause, the
3 counsel for the commission shall attempt to reach a consent
4 agreement with the respondent.
5 2. A consent agreement is not binding upon either
6 party unless and until it is signed by the respondent and by
7 counsel for the commission upon approval by the commission.
8 3. Nothing herein shall be construed to prevent the
9 commission from entering into a consent agreement with a
10 respondent prior to a commission finding of probable cause if
11 a respondent indicates in writing a desire to enter into
12 negotiations directed towards reaching such a consent
13 agreement. Any consent agreement reached under this
14 subparagraph is subject to the provisions of subparagraph 2.
15 and shall have the same force and effect as a consent
16 agreement reached after the commission finding of probable
17 cause.
18 (j) If a consent agreement is reached between the
19 commission and the respondent, counsel for the commission
20 shall send a copy of the signed agreement to both complainant
21 and respondent.
22
23 In a case where probable cause is found, the commission shall
24 make a preliminary determination to consider the matter or to
25 refer the matter to the state attorney for the judicial
26 circuit in which the alleged violation occurred.
27 Notwithstanding any other provisions of this section, the
28 commission may, at its discretion, dismiss any complaint at
29 any stage of disposition if it determines that the public
30 interest would not be served by proceeding further, in which
31 case the commission shall issue a public report stating with
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1 particularity its reasons for the dismissal.
2 (5) Unless When there are disputed issues of material
3 fact in a proceeding conducted under ss. 120.569 and 120.57, a
4 person alleged by the Elections Commission to have committed a
5 violation of this chapter or chapter 104 elects may elect,
6 within 30 days after the date of the filing of the
7 commission's allegations, to have a formal or informal hearing
8 conducted before the commission, or elects to resolve the
9 complaint by consent order, such person shall be entitled to a
10 formal administrative hearing conducted by an administrative
11 law judge in the Division of Administrative Hearings. The
12 administrative law judge in such proceedings shall enter a
13 final order subject to appeal as provided in s. 120.68.
14 (6) It is the duty of a state attorney receiving a
15 complaint referred by the commission to investigate the
16 complaint promptly and thoroughly; to undertake such criminal
17 or civil actions as are justified by law; and to report to the
18 commission the results of such investigation, the action
19 taken, and the disposition thereof. The failure or refusal of
20 a state attorney to prosecute or to initiate action upon a
21 complaint or a referral by the commission shall not bar
22 further action by the commission under this chapter.
23 (7) Every sworn complaint filed pursuant to this
24 chapter with the commission, every investigation and
25 investigative report or other paper of the commission with
26 respect to a violation of this chapter or chapter 104, and
27 every proceeding of the commission with respect to a violation
28 of this chapter or chapter 104 is confidential, is exempt from
29 the provisions of ss. 119.07(1) and 286.011, and is exempt
30 from publication in the Florida Administrative Weekly of any
31 notice or agenda with respect to any proceeding relating to
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1 such violation, except under the following circumstances:
2 (a) As provided in subsection (6);
3 (b) Upon a determination of probable cause or no
4 probable cause by the commission; or
5 (c) For proceedings conducted with respect to appeals
6 of fines levied by filing officers for the late filing of
7 reports required by this chapter.
8
9 However, a complainant is not bound by the confidentiality
10 provisions of this section. In addition, confidentiality may
11 be waived in writing by the person against whom the complaint
12 has been filed or the investigation has been initiated. If a
13 finding of probable cause in a case is entered within 30 days
14 prior to the date of the election with respect to which the
15 alleged violation occurred, such finding and the proceedings
16 and records relating to such case shall not become public
17 until noon of the day following such election. When two or
18 more persons are being investigated by the commission with
19 respect to an alleged violation of this chapter or chapter
20 104, the commission may not publicly enter a finding of
21 probable cause or no probable cause in the case until a
22 finding of probable cause or no probable cause for the entire
23 case has been determined. However, once the confidentiality of
24 any case has been breached, the person or persons under
25 investigation have the right to waive the confidentiality of
26 the case, thereby opening up the proceedings and records to
27 the public. Any person who discloses any information or
28 matter made confidential by the provisions of this subsection
29 commits a misdemeanor of the first degree, punishable as
30 provided in s. 775.082 or s. 775.083.
31 (8) Any person who files a complaint pursuant to this
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1 section while knowing that the allegations contained in such
2 complaint are false or without merit commits a misdemeanor of
3 the first degree, punishable as provided in s. 775.082 or s.
4 775.083.
5 (9) The commission shall maintain a database of all
6 final orders and agency actions. Such database shall be
7 available to the public and shall be maintained in such a
8 manner as to be searchable, at a minimum, by issue, statutes,
9 individuals, or entities referenced.
10 Section 49. Subsection (4) of section 106.35, Florida
11 Statutes, is amended to read:
12 106.35 Distribution of funds.--
13 (4) Distribution of funds shall be made beginning on
14 the 32nd day prior to the primary within 7 days after the
15 close of qualifying and every 7 days thereafter.
16 Section 50. Section 112.51, Florida Statutes, is
17 amended to read:
18 112.51 Municipal officers; suspension; removal from
19 office.--
20 (1) By executive order stating the grounds for the
21 suspension and filed with the Secretary of State, the Governor
22 may suspend from office any elected or appointed municipal
23 official for malfeasance, misfeasance, neglect of duty,
24 habitual drunkenness, incompetence, or permanent inability to
25 perform official duties.
26 (2) Whenever any elected or appointed municipal
27 official is arrested for a felony or for a misdemeanor related
28 to the duties of office or is indicted or informed against for
29 the commission of a federal felony or misdemeanor or state
30 felony or misdemeanor, the Governor has the power to suspend
31 such municipal official from office.
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1 (3) The suspension of such official by the Governor
2 creates a temporary vacancy in such office during the
3 suspension. Any temporary vacancy in office created by
4 suspension of an official under the provisions of this section
5 shall be filled by a temporary appointment to such office for
6 the period of the suspension. Such temporary appointment
7 shall be made in the same manner and by the same authority by
8 which a permanent vacancy in such office is filled as provided
9 by law. If no provision for filling a permanent vacancy in
10 such office is provided by law, the temporary appointment
11 shall be made by the Governor.
12 (4) No municipal official who has been suspended from
13 office under this section may perform any official act, duty,
14 or function during his or her suspension; receive any pay or
15 allowance during his or her suspension; or be entitled to any
16 of the emoluments or privileges of his or her office during
17 suspension.
18 (5) If the municipal official is convicted of any of
19 the charges contained in the indictment or information by
20 reason of which he or she was suspended under the provisions
21 of this section, the Governor shall remove such municipal
22 official from office. If a person was selected to fill the
23 temporary vacancy pursuant to subsection (3), that person
24 shall serve the remaining balance, if any, of the removed
25 official's term of office. Otherwise, any vacancy created by
26 the removal shall be filled as provided by law. For the
27 purposes of this section, any person who pleads guilty or nolo
28 contendere or who is found guilty shall be deemed to have been
29 convicted, notwithstanding a suspension of sentence or a
30 withholding of adjudication.
31 (6) If the municipal official is acquitted or found
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1 not guilty or is otherwise cleared of the charges which were
2 the basis of the arrest, indictment, or information by reason
3 of which he or she was suspended under the provisions of this
4 section, then the Governor shall forthwith revoke the
5 suspension and restore such municipal official to office; and
6 the official shall be entitled to and be paid full back pay
7 and such other emoluments or allowances to which he or she
8 would have been entitled for the full period of time of the
9 suspension. If, during the suspension, the term of office of
10 the municipal official expires and a successor is either
11 appointed or elected, such back pay, emoluments, or allowances
12 shall only be paid for the duration of the term of office
13 during which the municipal official was suspended under the
14 provisions of this section, and he or she shall not be
15 reinstated.
16 Section 51. Section 106.37, Florida Statutes, is
17 repealed.
18 Section 52. Subsections (2) and (3) of section
19 189.405, Florida Statutes, are amended to read:
20 189.405 Elections; general requirements and
21 procedures; education programs.--
22 (2)(a) Any independent special district located
23 entirely in a single county may provide for the conduct of
24 district elections by the supervisor of elections for that
25 county. Any independent special district that conducts its
26 elections through the office of the supervisor shall make
27 election procedures consistent with the Florida Election Code.
28 (b) Any independent special district not conducting
29 district elections through the supervisor of elections shall
30 report to the supervisor in a timely manner the purpose, date,
31 authorization, procedures, and results of each election
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1 conducted by the district.
2 (c) A candidate for a position on a governing board of
3 a single-county special district that has its elections
4 conducted by the supervisor of elections shall qualify for the
5 office with the county supervisor of elections in whose
6 jurisdiction the district is located. Elections for governing
7 board members elected by registered electors shall be
8 nonpartisan, except when partisan elections are specified by a
9 district's charter. Candidates shall qualify as directed by
10 chapter 99. by paying a filing fee equal to 3 percent of the
11 salary or honorarium paid for the office, or a filing fee of
12 $25, whichever is more. Alternatively, candidates may qualify
13 by submitting a petition that contains the signatures of at
14 least 3 percent of the district's registered electors, or any
15 lesser amount of signatures directed by chapter 99, chapter
16 582, or other general or special law. No election or party
17 assessment shall be levied if the election is nonpartisan. The
18 qualifying fee shall be remitted to the general revenue fund
19 of the qualifying officer to help defray the cost of the
20 election. The petition form shall be submitted and checked in
21 the same manner as those for nonpartisan judicial candidates
22 pursuant to s. 105.035.
23 (3)(a) If a multicounty special district has a
24 popularly elected governing board, elections for the purpose
25 of electing members to such board shall conform to the Florida
26 Election Code, chapters 97-106.
27 (b) With the exception of those districts conducting
28 elections on a one-acre/one-vote basis, qualifying for
29 multicounty special district governing board positions shall
30 be coordinated by the Department of State. Elections for
31 governing board members elected by registered electors shall
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1 be nonpartisan, except when partisan elections are specified
2 by a district's charter. Candidates shall qualify as directed
3 by chapter 99. by paying a filing fee equal to 3 percent of
4 the salary or honorarium paid for the office, or a filing fee
5 of $25, whichever is more. Alternatively, candidates may
6 qualify by submitting a petition that contains the signatures
7 of at least 3 percent of the district's registered electors,
8 or any lesser amount of signatures directed by chapter 99,
9 chapter 582, or other general or special law. No election or
10 party assessment shall be levied if the election is
11 nonpartisan. The qualifying fee shall be remitted to the
12 Department of State. The petition form shall be submitted and
13 checked in the same manner as those for nonpartisan judicial
14 candidates pursuant to s. 105.035.
15 Section 53. Paragraph (a) of subsection (1) of section
16 191.005, Florida Statutes, is amended to read:
17 191.005 District boards of commissioners; membership,
18 officers, meetings.--
19 (1)(a) With the exception of districts whose governing
20 boards are appointed collectively by the Governor, the county
21 commission, and any cooperating city within the county, the
22 business affairs of each district shall be conducted and
23 administered by a five-member board. All three-member boards
24 existing on the effective date of this act shall be converted
25 to five-member boards, except those permitted to continue as a
26 three-member board by special act adopted in 1997 or
27 thereafter. The board shall be elected in nonpartisan
28 elections by the electors of the district. Except as provided
29 in this act, such elections shall be held at the time and in
30 the manner prescribed by law for holding general elections in
31 accordance with s. 189.405(2)(a) and (3), and each member
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1 shall be elected for a term of 4 years and serve until the
2 member's successor assumes office. Candidates for the board of
3 a district shall qualify as directed by chapter 99. with the
4 county supervisor of elections in whose jurisdiction the
5 district is located. If the district is a multicounty
6 district, candidates shall qualify with the Department of
7 State. All candidates may qualify by paying a filing fee of
8 $25 or by obtaining the signatures of at least 25 registered
9 electors of the district on petition forms provided by the
10 supervisor of elections which petitions shall be submitted and
11 checked in the same manner as petitions filed by nonpartisan
12 judicial candidates pursuant to s. 105.035. Notwithstanding s.
13 106.021, a candidate who does not collect contributions and
14 whose only expense is the filing fee is not required to
15 appoint a campaign treasurer or designate a primary campaign
16 depository.
17 Section 54. Paragraph (a) of subsection (1) of section
18 582.18, Florida Statutes, is amended to read:
19 582.18 Election of supervisors of each district.--
20 (1) The election of supervisors for each soil and
21 water conservation district shall be held every 2 years. The
22 elections shall be held at the time of the general election
23 provided for by s. 100.041. The office of the supervisor of a
24 soil and water conservation district is a nonpartisan office,
25 and candidates for such office are prohibited from campaigning
26 or qualifying for election based on party affiliation.
27 (a) Each candidate for supervisor for such district
28 shall qualify as directed by chapter 99. be nominated by
29 nominating petition subscribed by 25 or more qualified
30 electors of such district. Candidates shall obtain signatures
31 on petition forms prescribed by the Department of State and
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1 furnished by the appropriate qualifying officer. In
2 multicounty districts, the appropriate qualifying officer is
3 the Secretary of State; in single-county districts, the
4 appropriate qualifying officer is the supervisor of elections.
5 Such forms may be obtained at any time after the first Tuesday
6 after the first Monday in January preceding the election, but
7 prior to the 21st day preceding the first day of the
8 qualifying period for state office. Each petition shall be
9 submitted, prior to noon of the 21st day preceding the first
10 day of the qualifying period for state office, to the
11 supervisor of elections of the county for which such petition
12 was circulated. The supervisor of elections shall check the
13 signatures on the petition to verify their status as electors
14 in the district. Prior to the first date for qualifying, the
15 supervisor of elections shall determine whether the required
16 single-county signatures have been obtained; and she or he
17 shall so notify the candidate. In the case of a multicounty
18 candidate, the supervisor of elections shall check the
19 signatures on petitions and shall, prior to the first date for
20 qualifying for office, certify to the Department of State the
21 number shown as registered electors of the district. The
22 Department of State shall determine if the required number of
23 signatures has been obtained for multicounty candidates and
24 shall so notify the candidate. If the required number of
25 signatures has been obtained for the name of the candidate to
26 be placed on the ballot, the candidate shall, during the time
27 prescribed for qualifying for office in s. 99.061, submit a
28 copy of the notice to, and file her or his qualification
29 papers with, the qualifying officer and take the oath
30 prescribed in s. 99.021.
31 Section 55. Subsection (1) of section 876.05, Florida
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Florida Senate - 2007 SENATOR AMENDMENT
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1 Statutes, is amended to read:
2 876.05 Public employees; oath.--
3 (1) All persons who now or hereafter are employed by
4 or who now or hereafter are on the payroll of the state, or
5 any of its departments and agencies, subdivisions, counties,
6 cities, school boards and districts of the free public school
7 system of the state or counties, or institutions of higher
8 learning, and all candidates for public office, except
9 candidates for federal office, are required to take an oath
10 before any person duly authorized to take acknowledgments of
11 instruments for public record in the state in the following
12 form:
13
14 I, ...., a citizen of the State of Florida and of the
15 United States of America, and being employed by or an officer
16 of .... and a recipient of public funds as such employee or
17 officer, do hereby solemnly swear or affirm that I will
18 support the Constitution of the United States and of the State
19 of Florida.
20 Section 56. At the time of qualification, all write-in
21 candidates must reside within the district represented by the
22 office sought.
23 Section 57. Except as otherwise expressly provided in
24 this act and except for this section, which shall take effect
25 upon becoming a law, this act shall take effect January 1,
26 2008.
27
28
29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 Delete everything before the enacting clause
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1 and insert:
2 A bill to be entitled
3 An act relating to elections; amending s.
4 97.021, F.S.; redefining the term "third-party
5 registration organization"; amending s.
6 97.0575, F.S.; revising fines applicable to
7 violations of requirements relating to
8 third-party voter registrations; amending s.
9 103.121, F.S.; revising the dates relating to
10 the presidential preference primary; amending
11 s. 101.75, F.S.; authorizing municipalities to
12 move their election date by ordinance to
13 coincide with the presidential preference
14 primary; amending s. 101.151, F.S.; authorizing
15 the use of ballot-on-demand technology to
16 produce certain marksense ballots; creating s.
17 101.56075, F.S.; requiring all voting to be by
18 marksense ballot; providing an exemption for
19 voters with disabilities; requiring voter
20 interface devices for individuals with
21 disabilities by a specified date; amending s.
22 101.5612, F.S.; requiring the use of certain
23 marksense ballots for pre-election testing;
24 amending s. 101.591, F.S.; requiring
25 post-election, random audits of voting systems;
26 providing general audit procedures; mandating
27 that audit results be reported to the
28 Department of State; prescribing requirements
29 for audit reports; granting rulemaking
30 authority to the department to adopt detailed,
31 uniform audit procedures and a standard audit
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1 reporting form; providing procedures for the
2 purchase of new voting systems and ballot
3 equipment and the disposition of existing
4 touchscreen voting systems for certain
5 counties; authorizing the Department of State
6 to purchase optical scan voting equipment and
7 ballot-on-demand equipment for certain
8 counties; appropriating funds for such purpose;
9 amending s. 97.041, F.S.; authorizing qualified
10 persons to preregister to vote on or after
11 receipt of a valid driver's license; amending
12 s. 97.053, F.S.; requiring an applicant for
13 voter registration to be notified when the
14 application cannot be verified; providing for
15 registration upon presentation of evidence of a
16 driver's license number, identification card
17 number, or the last four digits of the
18 applicant's social security number; changing
19 the time within which a person casting a
20 provisional ballot may present evidence of
21 eligibility to vote; changing the time for
22 voter registrations to be entered into the
23 statewide voter registration system; amending
24 s. 99.012, F.S.; exempting persons seeking
25 federal office from the resign-to-run law;
26 amending s. 99.021, F.S.; prescribing form of
27 oath for candidates for federal office;
28 amending s. 99.061, F.S.; prescribing times for
29 qualifying for nomination or election;
30 prescribing specific procedures for qualifying
31 for special district office; providing that the
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1 filing fee of a candidate for a special
2 district election need not be drawn on a
3 campaign account; amending s. 99.095, F.S.;
4 prescribing the number of signatures required
5 for a candidate for special district office to
6 qualify by petition; prescribing the time for
7 certification to the Division of Elections of
8 certain candidates qualifying by petition;
9 amending s. 99.096, F.S.; changing manner of
10 candidate selection by minor political parties;
11 repealing s. 99.0965, F.S., relating to the
12 selection of minor party candidates; amending
13 s. 100.041, F.S.; prescribing the time when a
14 county commissioner is deemed elected; amending
15 s. 100.051, F.S.; revising requirements
16 relating to candidates' whose names must be
17 printed on general election ballots; amending
18 s. 100.061, F.S.; changing the date of the
19 primary election; amending s. 100.111, F.S.;
20 revising provisions relating to choosing
21 political party nominees for a special
22 election; amending s. 100.191, F.S.; revising
23 the time for canvassing special election
24 returns; amending s. 100.371, F.S.; requiring
25 initiative petition forms to be signed by the
26 constitutionally required distribution of
27 electors; amending timeframes for verifying
28 petition signatures; prescribing information
29 that must be on a petition initiative form, and
30 conditions with which the elector signing it
31 must comply, before the form may be verified;
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1 providing procedures for revocation of a
2 signature on a petition form; amending s.
3 101.043, F.S.; revising forms of identification
4 accepted at the polls; amending s. 101.048,
5 F.S.; changing the time within which a person
6 casting a provisional ballot may present
7 evidence of eligibility to vote; amending s.
8 101.573, F.S.; changing the time for filing
9 precinct-level election results; requiring such
10 results to be filed with respect to special
11 elections; prescribing requirements for such
12 data; amending s. 101.6103, F.S.; changing the
13 time to begin canvassing mail ballots; amending
14 s. 101.62, F.S.; revising the period of
15 effectiveness of a request for an absentee
16 ballot; revising the time for sending an
17 absentee ballot to an overseas elector;
18 revising time period for providing absentee
19 ballots; amending s. 101.68, F.S.; changing the
20 time to begin canvassing absentee ballots;
21 amending s. 102.112, F.S.; changing the
22 deadline for submitting county returns to the
23 Department of State; amending s. 102.141, F.S.;
24 requiring submission of preliminary returns in
25 certain format by election night to the
26 Department of State; changing the time to
27 submit unofficial returns; amending s. 102.166,
28 F.S.; conforming a cross-reference; amending s.
29 103.081, F.S.; allowing political parties to
30 file with the Department of State names of
31 groups associated with a party; prescribing
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1 conditions on the use of those filed names;
2 amending s. 103.091, F.S.; revising the number
3 of and the qualifications for state
4 committeemen and committeewomen; changing the
5 times for qualifying for election to a
6 political party executive committee; amending
7 s. 103.141, F.S.; providing that officers and
8 members of a county executive committee may be
9 removed from office pursuant to s. 103.161;
10 repealing s. 103.151, F.S., relating to the
11 removal of a state executive committee member
12 for violation of the member's oath of office;
13 creating s. 103.161, F.S.; providing for the
14 removal or suspension of officers and members
15 of a state or county executive committee for
16 violation of the officer's or member's oath of
17 office; prescribing procedures for such removal
18 and restrictions after removal; amending s.
19 105.031, F.S.; changing the times for
20 qualifying for school board candidates;
21 amending s. 106.021, F.S.; revising
22 qualifications for a campaign treasurer and
23 deputy treasurer for a candidate or political
24 committee; amending s. 106.04, F.S.;
25 authorizing certain entities to collect and
26 forward membership dues to committees of
27 continuous existence; amending s. 106.055,
28 F.S.; prescribing valuation method for travel
29 on a private aircraft; amending s. 106.08,
30 F.S.; prescribing procedures for receiving and
31 transferring contributions made to political
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1 committees and committees of continuous
2 existence; amending s. 106.09, F.S.; revising
3 prohibition on making or accepting a cash
4 contribution; amending s. 106.143, F.S.;
5 providing disclosure requirements for political
6 advertisements made pursuant to s.
7 106.021(3)(d), F.S.; amending s. 106.17, F.S.;
8 revising who may authorize or conduct polls or
9 surveys relating to candidates; amending s.
10 106.25, F.S.; revising requirements for
11 complaints filed alleging violations of
12 chapters 106 and 104, F.S.; revising procedures
13 after certain complaints are filed; providing
14 for the withdrawal of certain complaints;
15 providing for the Florida Elections Commission
16 to maintain a searchable database of all final
17 orders and agency actions and providing
18 requirements for such database; amending s.
19 106.35, F.S.; revising the time for the
20 Division of Elections to distribute funds to
21 candidates; amending s. 112.51, F.S.; providing
22 for filling vacancies created when a municipal
23 officer has been removed from office; repealing
24 s. 106.37, F.S., relating to willful violations
25 of campaign finance laws; amending s. 189.405,
26 F.S.; revising qualification procedures for
27 candidates for special district office;
28 amending s. 191.005, F.S.; revising
29 qualification procedures for candidates for
30 independent special fire control district
31 boards of commissioners; amending s. 582.18,
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1 F.S.; revising qualification procedures for
2 candidates for soil and water conservation
3 district supervisors; amending s. 876.05, F.S.;
4 exempting candidates for federal office from
5 taking the public employees' oath; requiring
6 that all write-in candidates reside within the
7 district of the office sought at the time of
8 qualification; providing effective dates.
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