CS/HB 537

1	A bill to be entitled
2	An act relating to elections; amending s. 97.021, F.S.;
3	redefining the term "third-party registration
4	organization"; amending s. 97.0575, F.S.; revising fines
5	applicable to violations of requirements relating to
6	third-party voter registrations; amending s. 103.121,
7	F.S.; revising the dates relating to the presidential
8	preference primary; amending s. 101.75, F.S.; authorizing
9	municipalities to move their election date by ordinance to
10	coincide with the presidential preference primary;
11	amending s. 101.151, F.S.; authorizing the use of ballot-
12	on-demand technology to produce certain marksense ballots;
13	creating s. 101.56075, F.S.; requiring all voting to be by
14	marksense ballot; providing an exemption for voters with
15	disabilities; requiring voter interface devices for
16	individuals with disabilities by a specified date;
17	amending s. 101.5612, F.S.; requiring the use of certain
18	marksense ballots for pre-election testing; amending s.
19	101.591, F.S.; requiring post-election, random audits of
20	voting systems; providing general audit procedures;
21	mandating that audit results be reported to the Department
22	of State; prescribing requirements for audit reports;
23	granting rulemaking authority to the department to adopt
24	detailed, uniform audit procedures and a standard audit
25	reporting form; providing procedures for the purchase of
26	new voting systems and ballot equipment and the
27	disposition of existing touchscreen voting systems for
28	certain counties; authorizing the Department of State to
29	purchase optical scan voting equipment and ballot-on-
30	demand equipment for certain counties; appropriating funds
31	for such purpose; amending s. 97.041, F.S.; authorizing
32	qualified persons to preregister to vote on or after
33	receipt of a valid driver's license; amending s. 97.053,
34	F.S.; requiring an applicant for voter registration to be
35	notified when the application cannot be verified;
36	providing for registration upon presentation of evidence
37	of a driver's license number, identification card number,
38	or the last four digits of the applicant's social security
39	number; changing the time within which a person casting a
40	provisional ballot may present evidence of eligibility to
41	vote; changing the time for voter registrations to be
42	entered into the statewide voter registration system;
43	amending s. 99.012, F.S.; exempting persons seeking
44	federal office from the resign-to-run law; amending s.
45	99.021, F.S.; prescribing form of oath for candidates for
46	federal office; amending s. 99.061, F.S.; prescribing
47	times for qualifying for nomination or election;
48	prescribing specific procedures for qualifying for special
49	district office; providing that the filing fee of a
50	candidate for a special district election need not be
51	drawn on a campaign account; amending s. 99.095, F.S.;
52	prescribing the number of signatures required for a
53	candidate for special district office to qualify by
54	petition; prescribing the time for certification to the
55	Division of Elections of certain candidates qualifying by
56	petition; amending s. 99.096, F.S.; changing manner of
57	candidate selection by minor political parties; repealing
58	s. 99.0965, F.S., relating to the selection of minor party
59	candidates; amending s. 100.041, F.S.; prescribing the
60	time when a county commissioner is deemed elected;
61	amending s. 100.051, F.S.; revising requirements relating
62	to candidates' whose names must be printed on general
63	election ballots; amending s. 100.061, F.S.; changing the
64	date of the primary election; amending s. 100.111, F.S.;
65	revising provisions relating to choosing political party
66	nominees for a special election; amending s. 100.191,
67	F.S.; revising the time for canvassing special election
68	returns; amending s. 100.371, F.S.; requiring initiative
69	petition forms to be signed by the constitutionally
70	required distribution of electors; amending timeframes for
71	verifying petition signatures; prescribing information
72	that must be on a petition initiative form, and conditions
73	with which the elector signing it must comply, before the
74	form may be verified; providing procedures for revocation
75	of a signature on a petition form; amending s. 101.043,
76	F.S.; revising forms of identification accepted at the
77	polls; amending s. 101.048, F.S.; changing the time within
78	which a person casting a provisional ballot may present
79	evidence of eligibility to vote; amending s. 101.573,
80	F.S.; changing the time for filing precinct-level election
81	results; requiring such results to be filed with respect
82	to special elections; prescribing requirements for such
83	data; amending s. 101.6103, F.S.; changing the time to
84	begin canvassing mail ballots; amending s. 101.62, F.S.;
85	revising the period of effectiveness of a request for an
86	absentee ballot; revising the time for sending an absentee
87	ballot to an overseas elector; revising time period for
88	providing absentee ballots; amending s. 101.68, F.S.;
89	changing the time to begin canvassing absentee ballots;
90	amending s. 102.112, F.S.; changing the deadline for
91	submitting county returns to the Department of State;
92	amending s. 102.141, F.S.; requiring submission of
93	preliminary returns in certain format by election night to
94	the Department of State; changing the time to submit
95	unofficial returns; amending s. 102.166, F.S.; conforming
96	a cross-reference; amending s. 103.081, F.S.; allowing
97	political parties to file with the Department of State
98	names of groups associated with a party; prescribing
99	conditions on the use of those filed names; amending s.
100	103.091, F.S.; revising the number of and the
101	qualifications for state committeemen and committeewomen;
102	changing the times for qualifying for election to a
103	political party executive committee; amending s. 103.141,
104	F.S.; providing that officers and members of a county
105	executive committee may be removed from office pursuant to
106	s. 103.161; repealing s. 103.151, F.S., relating to the
107	removal of a state executive committee member for
108	violation of the member's oath of office; creating s.
109	103.161, F.S.; providing for the removal or suspension of
110	officers and members of a state or county executive
111	committee for violation of the officer's or member's oath
112	of office; prescribing procedures for such removal and
113	restrictions after removal; amending s. 105.031, F.S.;
114	changing the times for qualifying for school board
115	candidates; amending s. 106.021, F.S.; revising
116	qualifications for a campaign treasurer and deputy
117	treasurer for a candidate or political committee; amending
118	s. 106.04, F.S.; authorizing certain entities to collect
119	and forward membership dues to committees of continuous
120	existence; amending s. 106.055, F.S.; prescribing
121	valuation method for travel on a private aircraft;
122	amending s. 106.08, F.S.; prescribing procedures for
123	receiving and transferring contributions made to political
124	committees and committees of continuous existence;
125	amending s. 106.09, F.S.; revising prohibition on making
126	or accepting a cash contribution; amending s. 106.143,
127	F.S.; providing disclosure requirements for political
128	advertisements made pursuant to s. 106.021(3)(d), F.S.;
129	amending s. 106.17, F.S.; revising who may authorize or
130	conduct polls or surveys relating to candidates; amending
131	s. 106.25, F.S.; revising requirements for complaints
132	filed alleging violations of chapters 106 and 104, F.S.;
133	revising procedures after certain complaints are filed;
134	providing for the withdrawal of certain complaints;
135	providing for the Florida Elections Commission to maintain
136	a searchable database of all final orders and agency
137	actions and providing requirements for such database;
138	amending s. 106.35, F.S.; revising the time for the
139	Division of Elections to distribute funds to candidates;
140	amending s. 112.51, F.S.; providing for filling vacancies
141	created when a municipal officer has been removed from
142	office; repealing s. 106.37, F.S., relating to willful
143	violations of campaign finance laws; amending s. 189.405,
144	F.S.; revising qualification procedures for candidates for
145	special district office; amending s. 191.005, F.S.;
146	revising qualification procedures for candidates for
147	independent special fire control district boards of
148	commissioners; amending s. 582.18, F.S.; revising
149	qualification procedures for candidates for soil and water
150	conservation district supervisors; amending s. 876.05,
151	F.S.; exempting candidates for federal office from taking
152	the public employees' oath; requiring that all write-in
153	candidates reside within the district of the office sought
154	at the time of qualification; providing effective dates.
155
156	Be It Enacted by the Legislature of the State of Florida:
157
158	Section 1.  Subsection (36) of section 97.021, Florida
159	Statutes, is amended to read:
160	97.021  Definitions.--For the purposes of this code, except
161	where the context clearly indicates otherwise, the term:
162	(36)  "Third-party registration organization" means any
163	person, entity, or organization soliciting or collecting voter
164	registration applications. A third-party voter registration
165	organization does not include:
166	(a)  A political party;
167	(a)(b)  A person who seeks only to register to vote or
168	collect voter registration applications from that person's
169	spouse, child, or parent; or
170	(b)(c)  A person engaged in registering to vote or
171	collecting voter registration applications as an employee or
172	agent of the division, supervisor of elections, Department of
173	Highway Safety and Motor Vehicles, or a voter registration
174	agency.
175	Section 2.  Subsection (3) of section 97.0575, Florida
176	Statutes, is amended to read:
177	97.0575  Third-party voter registrations.--
178	(3)  A third-party voter registration organization that
179	collects voter registration applications serves as a fiduciary
180	to the applicant, ensuring that any voter registration
181	application entrusted to the third-party voter registration
182	organization, irrespective of party affiliation, race,
183	ethnicity, or gender shall be promptly delivered to the division
184	or the supervisor of elections. If a voter registration
185	application collected by any third-party voter registration
186	organization is not promptly delivered to the division or
187	supervisor of elections, the individual collecting the voter
188	registration application, the registered agent, and those
189	individuals responsible for the day-to-day operation of the
190	third-party voter registration organization, including, if
191	applicable, the entity's board of directors, president, vice
192	president, managing partner, or such other individuals engaged
193	in similar duties or functions, shall be personally and jointly
194	and severally liable for the following fines:
195	(a)  A fine in the amount of $50 $250 for each application
196	received by the division or the supervisor of elections more
197	than 10 days after the applicant delivered the completed voter
198	registration application to the third-party voter registration
199	organization or any person, entity, or agent acting on its
200	behalf. A fine in the amount of $250 for each application
201	received if the third-party registration organization or person,
202	entity, or agency acting on its behalf acted willfully.
203	(b)  A fine in the amount of $100 $500 for each application
204	collected by a third-party voter registration organization or
205	any person, entity, or agent acting on its behalf, prior to book
206	closing for any given election for federal or state office and
207	received by the division or the supervisor of elections after
208	the book closing deadline for such election. A fine in the
209	amount of $500 for each application received if the third-party
210	registration organization or person, entity, or agency acting on
211	its behalf acted willfully.
212	(c)  A fine in the amount of $500 $5,000 for each
213	application collected by a third-party voter registration
214	organization or any person, entity, or agent acting on its
215	behalf, which is not submitted to the division or supervisor of
216	elections. A fine in the amount of $1,000 for any application
217	not submitted if the third-party registration organization or
218	person, entity, or agency acting on its behalf acted willfully.
219
220	The aggregate fine pursuant to this subsection which may be
221	assessed against a third-party voter registration organization,
222	including affiliate organizations, for violations committed in a
223	calendar year shall be $1,000. The fines provided in this
224	subsection shall be reduced by three-fourths in cases in which
225	the third-party voter registration organization has complied
226	with subsection (1). The secretary shall waive the fines
227	described in this subsection upon a showing that the failure to
228	deliver the voter registration application promptly is based
229	upon force majeure or impossibility of performance.
230	Section 3.  Effective July 1, 2007, subsections (1), (2),
231	(3), and (6) of section 103.101, Florida Statutes, are amended
232	to read:
233	103.101  Presidential preference primary.--
234	(1)  Each political party other than a minor political
235	party shall, on the last second Tuesday in January March in each
236	year the number of which is a multiple of 4, elect one person to
237	be the candidate for nomination of such party for President of
238	the United States or select delegates to the national nominating
239	convention, as provided by party rule.
240	(2)  There shall be a Presidential Candidate Selection
241	Committee composed of the Secretary of State, who shall be a
242	nonvoting chair; the Speaker of the House of Representatives;
243	the President of the Senate; the minority leader of each house
244	of the Legislature; and the chair of each political party
245	required to have a presidential preference primary under this
246	section.
247	(a)  By October December 31 of the year preceding the
248	Florida presidential preference primary, each political party
249	shall submit to the Secretary of State a list of its
250	presidential candidates to be placed on the presidential
251	preference primary ballot or candidates entitled to have
252	delegates appear on the presidential preference primary ballot.
253	The Secretary of State shall prepare and publish a list of the
254	names of the presidential candidates submitted.  The Secretary
255	of State shall submit such list of names of presidential
256	candidates to the selection committee on the first Tuesday after
257	the first Monday in November of the January each year preceding
258	the a presidential preference primary election is held.  Each
259	person designated as a presidential candidate shall have his or
260	her name appear, or have his or her delegates' names appear, on
261	the presidential preference primary ballot unless all committee
262	members of the same political party as the candidate agree to
263	delete such candidate's name from the ballot.  The selection
264	committee shall meet in Tallahassee on the first Tuesday after
265	the first Monday in November of the January each year preceding
266	the a presidential preference primary is held.  The selection
267	committee shall publicly announce and submit to the Department
268	of State no later than 5 p.m. on the following day the names of
269	presidential candidates who shall have their names appear, or
270	who are entitled to have their delegates' names appear, on the
271	presidential preference primary ballot.  The Department of State
272	shall immediately notify each presidential candidate designated
273	by the committee.  Such notification shall be in writing, by
274	registered mail, with return receipt requested.
275	(b)  Any presidential candidate whose name does not appear
276	on the list submitted to the Secretary of State may request that
277	the selection committee place his or her name on the ballot.
278	Such request shall be made in writing to the Secretary of State
279	no later than the second Tuesday after the first Monday in
280	November of the year preceding the presidential preference
281	primary January.
282	(c)  If a presidential candidate makes a request that the
283	selection committee reconsider placing the candidate's name on
284	the ballot, the selection committee will reconvene no later than
285	the second Thursday after the first Monday in November of the
286	year preceding the presidential preference primary January to
287	reconsider placing the candidate's name on the ballot. The
288	Department of State shall immediately notify such candidate of
289	the selection committee's decision.
290	(3)  A candidate's name shall be printed on the
291	presidential preference primary ballot unless the candidate
292	submits to the Department of State, prior to the second Tuesday
293	after the first Monday in November of the year preceding the
294	presidential preference primary January, an affidavit stating
295	that he or she is not now, and does not presently intend to
296	become, a candidate for President at the upcoming nominating
297	convention.  If a candidate withdraws pursuant to this
298	subsection, the Department of State shall notify the state
299	executive committee that the candidate's name will not be placed
300	on the ballot.  The Department of State shall, no later than the
301	third Tuesday after the first Monday in November of the year
302	preceding the presidential preference primary January, certify
303	to each supervisor of elections the name of each candidate for
304	political party nomination to be printed on the ballot.
305	(6)  Delegates must qualify no later than the second Friday
306	in November of the year preceding the presidential preference
307	primary January in the manner provided by party rule.
308	Section 4.  Effective July 1, 2007, subsection (3) is added
309	to section 101.75, Florida Statutes, to read:
310	101.75  Municipal elections; change of dates for cause.--
311	(3)  Notwithstanding any provision of local law, for any
312	municipality whose election is scheduled to be held in March
313	2008, the governing body of the municipality, notwithstanding
314	any municipal charter provision, may, by ordinance, move the
315	date of the general municipal election in 2008 and in each
316	subsequent year that is a multiple of 4 to the date concurrent
317	with the presidential preference primary. The dates for
318	qualifying for the general municipal election moved by the
319	passage of such an ordinance shall be specifically provided for
320	in the ordinance and shall run for no less than 14 days. The
321	term of office for any elected municipal official shall commence
322	as provided by the relevant municipal charter or ordinance, and
323	the term of office for any elected municipal official whose term
324	was due to expire in March 2008 shall expire as provided by the
325	relevant municipal charter or ordinance.
326	Section 5.  Effective July 1, 2008, subsection (1) of
327	section 101.151, Florida Statutes, is amended to read:
328	101.151  Specifications for ballots.--
329	(1)(a)  Marksense ballots shall be printed on paper of such
330	thickness that the printing cannot be distinguished from the
331	back and shall meet the specifications of the voting system that
332	will be used to tabulate the ballots.
333	(b)  Early voting sites may employ a ballot-on-demand
334	production system to print individual marksense ballots,
335	including provisional ballots, for eligible electors pursuant to
336	s. 101.657. Ballot-on-demand technology may be used to produce
337	marksense absentee ballots. Not later than 30 days before an
338	election, the Secretary of State may also authorize in writing
339	the use of ballot-on-demand technology for the production of
340	election-day ballots.
341	Section 6.  Effective July 1, 2008, section 101.56075,
342	Florida Statutes, is created to read:
343	101.56075  Voting methods.--
344	(1)  Except as provided in subsection (2), all voting shall
345	be by marksense ballot utilizing a marking device for the
346	purpose of designating ballot selections.
347	(2)  Persons with disabilities may vote on a voter
348	interface device that meets the voting system accessibility
349	requirements for individuals with disabilities pursuant to
350	section 301 of the federal Help America Vote Act of 2002 and s.
351	101.56062.
352	(3)  By 2012, persons with disabilities shall vote on a
353	voter interface device that meets the voter accessibility
354	requirements for individuals with disabilities under section 301
355	of the federal Help America Vote Act of 2002 and s. 101.56062,
356	which are consistent with subsection (1) of this section.
357	Section 7.  Effective July 1, 2008, subsection (5) is added
358	to section 101.5612, Florida Statutes, to read:
359	101.5612  Testing of tabulating equipment.--
360	(5)  Any tests involving marksense ballots pursuant to this
361	section shall employ pre-printed ballots, if pre-printed ballots
362	will be used in the election, and ballot-on-demand ballots, if
363	ballot-on-demand technology will be used to produce ballots in
364	the election, or both.
365	Section 8.  Effective July 1, 2008, section 101.591,
366	Florida Statutes, is amended to read:
367	(Substantial rewording of section. See
368	s. 101.591, F.S., for present text.)
369	101.591  Voting system audit.--
370	(1)  Immediately following the certification of each
371	election, the county canvassing board or the local board
372	responsible for certifying the election shall conduct a manual
373	audit of the voting systems used in randomly selected precincts.
374	(2)  The audit shall consist of a public manual tally of
375	the votes cast in one randomly selected race that appears on the
376	ballot. The tally sheet shall include election-day, absentee,
377	early voting, provisional, and overseas ballots, in at least 1
378	percent but no more than 2 percent of the precincts chosen at
379	random by the county canvassing board or the local board
380	responsible for certifying the election. If 1 percent of the
381	precincts is less than one entire precinct, the audit shall be
382	conducted using at least one precinct chosen at random by the
383	county canvassing board or the local board responsible for
384	certifying the election. Such precincts shall be selected at a
385	publicly-noticed canvassing board meeting.
386	(3)  The canvassing board shall post a notice of the audit,
387	including the date, time, and place, in four conspicuous places
388	in the county and on the home page of the county supervisor of
389	elections web site.
390	(4)  The audit must be completed and the results made
391	public no later than 11:59 p.m. on the 7th day following
392	certification of the election by the county canvassing board or
393	the local board responsible for certifying the election.
394	(5)  Within 15 days after completion of the audit, the
395	county canvassing board or the board responsible for certifying
396	the election shall provide a report with the results of the
397	audit to the Department of State in a standard format as
398	prescribed by the department. The report shall contain, but is
399	not limited to, the following items:
400	(a)  The overall accuracy of audit.
401	(b)  A description of any problems or discrepancies
402	encountered.
403	(c)  The likely cause of such problems or discrepancies.
404	(d)  Recommended corrective action with respect to avoiding
405	or mitigating such circumstances in future elections.
406	Section 9.  Effective upon this act becoming a law, the
407	Department of State shall adopt rules to implement the
408	provisions of s. 101.591, Florida Statutes, as amended by
409	section 8 which prescribe detailed audit procedures for each
410	voting system, which shall be uniform to the extent practicable,
411	along with the standard form for audit reports.
412	Section 10.  Effective upon this act becoming a law:
413	(1)  Notwithstanding ss. 101.292-101.295 and s. 101.5604,
414	Florida Statutes, as a condition of the state purchasing optical
415	scan voting equipment and ballot-on-demand equipment to replace
416	touchscreen equipment as provided in section 11, each recipient
417	county hereby authorizes the Secretary of State to act as its
418	agent to negotiate the purchase of new equipment and the sale,
419	exchange, or other disposition of existing touchscreen voting
420	equipment that is not necessary to conduct voting for
421	individuals with disabilities. Further, each such county hereby
422	designates the Secretary of State as the authorized recipient of
423	all proceeds realized from the sale, exchange, or other
424	disposition of the voting equipment, after satisfying
425	obligations or indebtedness associated with the voting
426	equipment, up to and including the state's cost to fund the
427	county's new equipment. The secretary shall deposit the proceeds
428	in the Grants and Donations Trust Fund within 60 days after the
429	sale, exchange, or other disposition.
430	(2)  A county commission may choose to opt out of this
431	state funding scheme by filing a notice to that effect with the
432	Department of State no later than June 30, 2007. Any county
433	choosing to opt out shall continue to be governed by the
434	provisions of ss. 101.292-101.295 and s. 101.5604, Florida
435	Statutes, with respect to the purchase of new voting systems and
436	equipment.
437	Section 11.  Effective July 1, 2007:
438	(1)  The Department of State is authorized to purchase:
439	(a)  Election-day optical scan voting equipment, for the
440	following counties:  Broward, Charlotte, Collier, Hillsborough,
441	Indian River, Lake, Lee, Martin, Miami-Dade, Nassau, Palm Beach,
442	Pasco, Pinellas, Sarasota, and Sumter.
443	(b)  Ballot-on-demand equipment for use at early voting
444	sites, including optical scan tabulators, for the following
445	counties:  Bay, Brevard, Broward, Charlotte, Clay, Collier,
446	Escambia, Hillsborough, Indian River, Jackson, Lake, Lee, Levy,
447	Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange, Osceola,
448	Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota, St. Johns,
449	Sumter, Taylor, and Washington.
450	(2)  The sum of $27,861,850 is appropriated from the Grants
451	and Donations Trust Fund to the Division of Elections within the
452	Department of State for the purpose of implementing this
453	section.
454	Section 12.  Paragraph (b) of subsection (1) of section
455	97.041, Florida Statutes, is amended to read:
456	97.041  Qualifications to register or vote.--
457	(1)
458	(b)  A person who is otherwise qualified may preregister on
459	or after that person's 17th birthday or receipt of a valid
460	Florida driver's license, whichever occurs earlier, and may vote
461	in any election occurring on or after that person's 18th
462	birthday.
463	Section 13.  Subsections (6) and (7) of section 97.053,
464	Florida Statutes, are amended to read:
465	97.053  Acceptance of voter registration applications.--
466	(6)  A voter registration application may be accepted as
467	valid only after the department has verified the authenticity or
468	nonexistence of the driver's license number, the Florida
469	identification card number, or the last four digits of the
470	social security number provided by the applicant. If a completed
471	voter registration application has been received by the book-
472	closing deadline but the driver's license number, the Florida
473	identification card number, or the last four digits of the
474	social security number provided by the applicant cannot be
475	verified, the applicant shall be notified that the application
476	is incomplete and that the voter must provide evidence to the
477	supervisor sufficient to verify the authenticity of the number
478	provided on the application. If the voter provides the necessary
479	evidence, the supervisor shall place the voter's name on the
480	registration rolls as an active voter. If the voter has not
481	provided the necessary evidence or the number has not otherwise
482	been verified prior to the applicant presenting himself or
483	herself to vote, the applicant shall be provided a provisional
484	ballot. The provisional ballot shall be counted only if the
485	application is verified by the end of the canvassing period or
486	if the applicant presents evidence to the supervisor of
487	elections sufficient to verify the authenticity of the driver's
488	license number, Florida identification card number, or last four
489	digits of the social security number provided on the application
490	no later than 5 p.m. of the second third day following the
491	election.
492	(7)  All voter registration applications received by a
493	voter registration official shall be entered into the statewide
494	voter registration system within 13 15 days after receipt. Once
495	entered, the application shall be immediately forwarded to the
496	appropriate supervisor of elections.
497	Section 14.  Section 99.012, Florida Statutes, is amended
498	to read:
499	99.012  Restrictions on individuals qualifying for public
500	office.--
501	(1)  As used in this section:
502	(a)  "Officer" means a person, whether elected or
503	appointed, who has the authority to exercise the sovereign power
504	of the state pertaining to an office recognized under the State
505	Constitution or laws of the state.  With respect to a
506	municipality, the term "officer" means a person, whether elected
507	or appointed, who has the authority to exercise municipal power
508	as provided by the State Constitution, state laws, or municipal
509	charter.
510	(b)  "Subordinate officer" means a person who has been
511	delegated the authority to exercise the sovereign power of the
512	state by an officer. With respect to a municipality, subordinate
513	officer means a person who has been delegated the authority to
514	exercise municipal power by an officer.
515	(2)  No person may qualify as a candidate for more than one
516	public office, whether federal, state, district, county, or
517	municipal, if the terms or any part thereof run concurrently
518	with each other.
519	(3)(a)  No officer may qualify as a candidate for another
520	public office, whether state, district, county, or municipal, if
521	the terms or any part thereof run concurrently with each other,
522	without resigning from the office he or she presently holds.
523	(b)  The resignation is irrevocable.
524	(c)  The written resignation must be submitted at least 10
525	days prior to the first day of qualifying for the office he or
526	she intends to seek.
527	(d)  The resignation must be effective no later than the
528	earlier of the following dates:
529	1.  The date the officer would take office, if elected; or
530	2.  The date the officer's successor is required to take
531	office.
532	(e)1.  An elected district, county, or municipal officer
533	must submit his or her resignation to the officer before whom he
534	or she qualified for the office he or she holds, with a copy to
535	the Governor and the Department of State.
536	2.  An appointed district, county, or municipal officer
537	must submit his or her resignation to the officer or authority
538	which appointed him or her to the office he or she holds, with a
539	copy to the Governor and the Department of State.
540	3.  All other officers must submit their resignations to
541	the Governor with a copy to the Department of State.
542	(f)1.  With regard to an elective office, the resignation
543	creates a vacancy in office to be filled by election.  Persons
544	may qualify as candidates for nomination and election as if the
545	public officer's term were otherwise scheduled to expire.
546	2.  With regard to an elective charter county office or
547	elective municipal office, the vacancy created by the officer's
548	resignation may be filled for that portion of the officer's
549	unexpired term in a manner provided by the respective charter.
550	The office is deemed vacant upon the effective date of the
551	resignation submitted by the official in his or her letter of
552	resignation.
553	(g)  Any officer who submits his or her resignation,
554	effective immediately or effective on a date prior to the date
555	of his or her qualifying for office, may then qualify for office
556	as a nonofficeholder, and the provisions of this subsection do
557	not apply.
558	(4)(a)  Any officer who qualifies for federal public office
559	must resign from the office he or she presently holds if the
560	terms or any part thereof run concurrently with each other.
561	(b)  The resignation is irrevocable.
562	(c)  The resignation must be submitted no later than the
563	date upon which the officer qualifies for office.
564	(d)  The written resignation must be effective no later
565	than the earlier of the following dates:
566	1.  The date the officer would take office, if elected; or
567	2.  The date the officer's successor is required to take
568	office.
569	(e)1.  An elected district, county, or municipal officer
570	must submit his or her resignation to the officer before whom he
571	or she qualified for the office he or she holds, with a copy to
572	the Governor and the Department of State.
573	2.  An appointed district, county, or municipal officer
574	must submit his or her resignation to the officer or authority
575	which appointed him or her to the office he or she holds, with a
576	copy to the Governor and the Department of State.
577	3.  All other officers must submit their resignations to
578	the Governor with a copy to the Department of State.
579	(f)1.  The failure of an officer who qualifies for federal
580	public office to submit a resignation pursuant to this
581	subsection constitutes an automatic irrevocable resignation,
582	effective immediately, from the office he or she presently
583	holds.
584	2.  The Department of State shall send a notice of the
585	automatic resignation to the Governor, and in the case of a
586	district, county, or municipal officer, a copy to:
587	a.  The officer before whom he or she qualified if the
588	officer held an elective office; or
589	b.  The person or authority who appointed the officer if
590	the officer held an appointive office.
591	(g)  The provisions of any special act to the contrary
592	notwithstanding, with regard to an elective office, the
593	resignation creates a vacancy in office to be filled by
594	election, thereby permitting persons to qualify as candidates
595	for nomination and election as if the officer's term were
596	otherwise scheduled to expire.  With regard to an elective
597	charter county office or elective municipal office, the vacancy
598	created by the officer's resignation may be filled for that
599	portion of the officer's unexpired term in a manner provided by
600	the respective charter.  The office is deemed vacant upon the
601	effective date of the resignation submitted by the official in
602	his or her letter of resignation.
603	(4)(5)  A person who is a subordinate officer, deputy
604	sheriff, or police officer must resign effective upon qualifying
605	pursuant to this chapter if the person is seeking to qualify for
606	a public office that is currently held by an officer who has
607	authority to appoint, employ, promote, or otherwise supervise
608	that person and who has qualified as a candidate for reelection
609	to that office.
610	(5)(6)  The name of any person who does not comply with
611	this section may be removed from every ballot on which it
612	appears when ordered by a circuit court upon the petition of an
613	elector or the Department of State.
614	(6)(7)  This section does not apply to:
615	(a)  Political party offices.
616	(b)  Persons serving without salary as members of an
617	appointive board or authority.
618	(c)  Persons seeking any federal public office.
619	(7)(8)  Nothing contained in subsections (3) and (4)
620	relates to persons holding any federal office.
621	Section 15.  Paragraph (a) of subsection (1) of section
622	99.021, Florida Statutes, is amended to read:
623	99.021  Form of candidate oath.--
624	(1)(a)1.  Each candidate, whether a party candidate, a
625	candidate with no party affiliation, or a write-in candidate, in
626	order to qualify for nomination or election to any office other
627	than a judicial office as defined in chapter 105 or a federal
628	office, shall take and subscribe to an oath or affirmation in
629	writing.  A printed copy of the oath or affirmation shall be
630	furnished to the candidate by the officer before whom such
631	candidate seeks to qualify and shall be substantially in the
632	following form:
633
634	State of Florida
635	County of ....
636	Before me, an officer authorized to administer oaths,
637	personally appeared ... please print name as you wish it to
638	appear on the ballot) ..., to me well known, who, being sworn,
639	says that he or she is a candidate for the office of  ...; that
640	he or she is a qualified elector of ....County, Florida; that he
641	or she is qualified under the Constitution and the laws of
642	Florida to hold the office to which he or she desires to be
643	nominated or elected; that he or she has taken the oath required
644	by ss. 876.05-876.10, Florida Statutes; that he or she has
645	qualified for no other public office in the state, the term of
646	which office or any part thereof runs concurrent with that of
647	the office he or she seeks; and that he or she has resigned from
648	any office from which he or she is required to resign pursuant
649	to s. 99.012, Florida Statutes.
650	...(Signature of candidate) ...
651
652	... (Address) ...
653
654	Sworn to and subscribed before me this  ....day of ...., (year)
655	..., at .... County, Florida.
656	...(Signature and title of officer administering oath) ...
657
658	2.  Each candidate for federal office, whether a party
659	candidate, a candidate with no party affiliation, or a write-in
660	candidate, in order to qualify for nomination or election to
661	office shall take and subscribe to an oath or affirmation in
662	writing. A printed copy of the oath or affirmation shall be
663	furnished to the candidate by the officer before whom such
664	candidate seeks to qualify and shall be substantially in the
665	following form:
666
667	State of Florida
668
669	County of __________
670	Before me, an officer authorized to administer oaths,
671	personally appeared (please print name as you wish it to appear
672	on the ballot), to me well known, who, being sworn, says that he
673	or she is a candidate for the office of __________; that he or
674	she is qualified under the Constitution and laws of the United
675	States to hold the office to which he or she desires to be
676	nominated or elected; that he or she has qualified for no other
677	public office in the state, the term of which office or any part
678	thereof runs concurrent with that of the office he or she seeks;
679	and that he or she has resigned from any office from which he or
680	she is required to resign pursuant to s. 99.012, Florida
681	Statutes.
682
683	__(Signature of candidate) __
684	(Address)
685
686	Sworn to and subscribed before me this _____ day of ______
687	(year), at _____ County, Florida.
688	...(Signature and title of officer administering oath) ...
689
690	Section 16.  Section 99.061, Florida Statutes, is amended
691	to read:
692	99.061  Method of qualifying for nomination or election to
693	federal, state, county, or district office.--
694	(1)  The provisions of any special act to the contrary
695	notwithstanding, each person seeking to qualify for nomination
696	or election to a federal, state, or multicounty district office,
697	other than election to a judicial office as defined in chapter
698	105 or the office of school board member, shall file his or her
699	qualification papers with, and pay the qualifying fee, which
700	shall consist of the filing fee and election assessment, and
701	party assessment, if any has been levied, to, the Department of
702	State, or qualify by the petition process pursuant to s. 99.095
703	with the Department of State, at any time after noon of the 1st
704	day for qualifying, which shall be as follows: the 120th day
705	prior to the primary election, but not later than noon of the
706	116th day prior to the date of the primary election, for persons
707	seeking to qualify for nomination or election to federal office
708	or to the office of the state attorney or the public defender;
709	and noon of the 71st 50th day prior to the primary election, but
710	not later than noon of the 67th 46th day prior to the date of
711	the primary election, for persons seeking to qualify for
712	nomination or election to a state or multicounty district
713	office, other than the office of the state attorney or the
714	public defender.
715	(2)  The provisions of any special act to the contrary
716	notwithstanding, each person seeking to qualify for nomination
717	or election to a county office, or district or special district
718	office not covered by subsection (1), shall file his or her
719	qualification papers with, and pay the qualifying fee, which
720	shall consist of the filing fee and election assessment, and
721	party assessment, if any has been levied, to, the supervisor of
722	elections of the county, or shall qualify by the petition
723	process pursuant to s. 99.095 with the supervisor of elections,
724	at any time after noon of the 1st day for qualifying, which
725	shall be the 71st 50th day prior to the primary election or
726	special district election, but not later than noon of the 67th
727	46th day prior to the date of the primary election or special
728	district election. However, if a special district election is
729	held at the same time as the general election, qualifying shall
730	be the 50th day prior to the primary election, but not later
731	than noon of the 46th day prior to the date of the primary
732	election. Within 30 days after the closing of qualifying time,
733	the supervisor of elections shall remit to the secretary of the
734	state executive committee of the political party to which the
735	candidate belongs the amount of the filing fee, two-thirds of
736	which shall be used to promote the candidacy of candidates for
737	county offices and the candidacy of members of the Legislature.
738	(3)  Notwithstanding the provisions of any special act to
739	the contrary, each person seeking to qualify for election to a
740	special district office shall qualify between noon of the 71st
741	day prior to the primary election and noon of the 67th day prior
742	to the date of the primary election. Candidates for single
743	county special districts shall qualify with the supervisor of
744	elections in the county in which the district is located. If the
745	district is a multicounty district, candidates shall qualify
746	with the Department of State. All special district candidates
747	shall qualify by paying a filing fee of $25 or qualify by the
748	petition process pursuant to s. 99.095. Notwithstanding s.
749	106.021, a candidate who does not collect contributions and
750	whose only expense is the filing fee or signature verification
751	fee is not required to appoint a campaign treasurer or designate
752	a primary campaign depository.
753	(4)(3)(a)  Each person seeking to qualify for election to
754	office as a write-in candidate shall file his or her
755	qualification papers with the respective qualifying officer at
756	any time after noon of the 1st day for qualifying, but not later
757	than noon of the last day of the qualifying period for the
758	office sought.
759	(b)  Any person who is seeking election as a write-in
760	candidate shall not be required to pay a filing fee, election
761	assessment, or party assessment. A write-in candidate is shall
762	not be entitled to have his or her name printed on any ballot;
763	however, space for the write-in candidate's name to be written
764	in must shall be provided on the general election ballot. A No
765	person may not qualify as a write-in candidate if the person has
766	also otherwise qualified for nomination or election to such
767	office.
768	(5)(4)  At the time of qualifying for office, each
769	candidate for a constitutional office shall file a full and
770	public disclosure of financial interests pursuant to s. 8, Art.
771	II of the State Constitution, and a candidate for any other
772	office, including local elective office, shall file a statement
773	of financial interests pursuant to s. 112.3145.
774	(6)(5)  The Department of State shall certify to the
775	supervisor of elections, within 7 days after the closing date
776	for qualifying, the names of all duly qualified candidates for
777	nomination or election who have qualified with the Department of
778	State.
779	(6)  Notwithstanding the qualifying period prescribed in
780	this section, if a candidate has submitted the necessary
781	petitions by the required deadline in order to qualify by the
782	petition process pursuant to s. 99.095 as a candidate for
783	nomination or election and the candidate is notified after the
784	5th day prior to the last day for qualifying that the required
785	number of signatures has been obtained, the candidate is
786	entitled to subscribe to the candidate's oath and file the
787	qualifying papers at any time within 5 days from the date the
788	candidate is notified that the necessary number of signatures
789	has been obtained. Any candidate who qualifies within the time
790	prescribed in this subsection is entitled to have his or her
791	name printed on the ballot.
792	(7)(a)  In order for a candidate to be qualified, the
793	following items must be received by the filing officer by the
794	end of the qualifying period:
795	1.  A properly executed check drawn upon the candidate's
796	campaign account in an amount not less than the fee required by
797	s. 99.092 or, in lieu thereof, as applicable, the copy of the
798	notice of obtaining ballot position pursuant to s. 99.095. The
799	filing fee for a special district candidate is not required to
800	be drawn upon the candidate's campaign account. If a candidate's
801	check is returned by the bank for any reason, the filing officer
802	shall immediately notify the candidate and the candidate shall,
803	the end of qualifying notwithstanding, have 48 hours from the
804	time such notification is received, excluding Saturdays,
805	Sundays, and legal holidays, to pay the fee with a cashier's
806	check purchased from funds of the campaign account. Failure to
807	pay the fee as provided in this subparagraph shall disqualify
808	the candidate.
809	2.  The candidate's oath required by s. 99.021, which must
810	contain the name of the candidate as it is to appear on the
811	ballot; the office sought, including the district or group
812	number if applicable; and the signature of the candidate, duly
813	acknowledged.
814	3.  The loyalty oath required by s. 876.05, signed by the
815	candidate and duly acknowledged.
816	4.  If the office sought is partisan, the written statement
817	of political party affiliation required by s. 99.021(1)(b).
818	5.  The completed form for the appointment of campaign
819	treasurer and designation of campaign depository, as required by
820	s. 106.021.
821	6.  The full and public disclosure or statement of
822	financial interests required by subsection (5) (4). A public
823	officer who has filed the full and public disclosure or
824	statement of financial interests with the Commission on Ethics
825	or the supervisor of elections prior to qualifying for office
826	may file a copy of that disclosure at the time of qualifying.
827	(b)  If the filing officer receives qualifying papers that
828	do not include all items as required by paragraph (a) prior to
829	the last day of qualifying, the filing officer shall make a
830	reasonable effort to notify the candidate of the missing or
831	incomplete items and shall inform the candidate that all
832	required items must be received by the close of qualifying. A
833	candidate's name as it is to appear on the ballot may not be
834	changed after the end of qualifying.
835	(8)  Notwithstanding the qualifying period prescribed in
836	this section, a qualifying office may accept and hold qualifying
837	papers submitted not earlier than 14 days prior to the beginning
838	of the qualifying period, to be processed and filed during the
839	qualifying period.
840	(9)  Notwithstanding the qualifying period prescribed by
841	this section, in each year in which the Legislature apportions
842	the state, the qualifying period for persons seeking to qualify
843	for nomination or election to federal office shall be between
844	noon of the 71st 57th day prior to the primary election, but not
845	later than noon of the 67th 53rd day prior to the primary
846	election.
847	(10)  The Department of State may prescribe by rule
848	requirements for filing papers to qualify as a candidate under
849	this section.
850	Section 17.  Subsections (2) and (4) of section 99.095,
851	Florida Statutes, are amended to read:
852	99.095  Petition process in lieu of a qualifying fee and
853	party assessment.--
854	(2)(a)  Except as provided in paragraph (b), a candidate
855	must shall obtain the number of signatures of voters in the
856	geographical area represented by the office sought equal to at
857	least 1 percent of the total number of registered voters of that
858	geographical area, as shown by the compilation by the department
859	for the immediately last preceding general election. Signatures
860	may not be obtained until the candidate has filed the
861	appointment of campaign treasurer and designation of campaign
862	depository pursuant to s. 106.021.
863	(b)  A candidate for a special district office shall obtain
864	25 signatures of voters in the geographical area represented by
865	the office sought.
866	(c)(b)  The format of the petition shall be prescribed by
867	the division and shall be used by candidates to reproduce
868	petitions for circulation. If the candidate is running for an
869	office that requires a group or district designation, the
870	petition must indicate that designation and, if it does not, the
871	signatures are not valid. A separate petition is required for
872	each candidate.
873	(4)(a)  Certifications for candidates for federal, state,
874	or multicounty district, or multicounty special district office
875	shall be submitted to the division no later than the 7th day
876	before the first day of the qualifying period for the office
877	sought. The division shall determine whether the required number
878	of signatures has been obtained and shall notify the candidate.
879	(b)  For candidates for county, or district, or special
880	district office not covered by paragraph (a), the supervisor
881	shall determine whether the required number of signatures has
882	been obtained and shall notify the candidate.
883	Section 18.  Effective upon this act becoming a law,
884	section 99.096, Florida Statutes, is amended to read:
885	99.096 Minor political party candidates; names on ballot.--
886	(1)  No later than noon of the third day prior to the first
887	day of the qualifying period prescribed for federal candidates,
888	the executive committee of a minor political party shall submit
889	to the Department of State a list of federal candidates
890	nominated by the party to be on the general election ballot. No
891	later than noon of the third day prior to the first day of the
892	qualifying period for state candidates, the executive committee
893	of a minor political party shall submit to the filing officer
894	for each of the candidates the official list of the state,
895	multicounty, and county candidates nominated by that party to be
896	on the ballot in the general election. The official list of
897	nominated candidates may not be changed by the party after
898	having been filed with the filing officers, except that
899	vacancies in nominations may be filled pursuant to s. 100.111.
900	(2)  Each person seeking to qualify for election as a
901	candidate of a minor political party shall file his or her
902	qualifying papers with, and pay the qualifying fee and, if one
903	has been levied, the party assessment, or qualify by the
904	petition process pursuant to s. 99.095, with the officer and at
905	the times and under the circumstances provided in s. 99.061.
906	Section 19.  Effective upon this act becoming a law,
907	section 99.0965, Florida Statutes, is repealed.
908	Section 20.  Paragraph (a) of subsection (2) of section
909	100.041, Florida Statutes, is amended to read:
910	100.041  Officers chosen at general election.--
911	(2)(a)  Each county commissioner from an odd-numbered
912	district shall be elected at the general election in each year
913	the number of which is a multiple of 4, for a 4-year term
914	commencing on the second Tuesday following such election, and
915	each county commissioner from an even-numbered district shall be
916	elected at the general election in each even-numbered year the
917	number of which is not a multiple of 4, for a 4-year term
918	commencing on the second Tuesday following such election. A
919	county commissioner is "elected" for purposes of this paragraph
920	on the date that the county canvassing board certifies the
921	results of the election pursuant to s. 102.151.
922	Section 21.  Effective upon this act becoming a law,
923	section 100.051, Florida Statutes, is amended to read:
924	100.051  Candidate's name on general election ballot.--The
925	supervisor of elections of each county shall print on ballots to
926	be used in the county at the next general election the names of
927	candidates who have been nominated by a political party, other
928	than a minor political party, and the candidates who have
929	otherwise obtained a position on the general election ballot in
930	compliance with the requirements of this code.
931	Section 22.  Section 100.061, Florida Statutes, is amended
932	to read:
933	100.061  Primary election.--In each year in which a general
934	election is held, a primary election for nomination of
935	candidates of political parties shall be held on the Tuesday 10
936	9 weeks prior to the general election. The candidate receiving
937	the highest number of votes cast in each contest in the primary
938	election shall be declared nominated for such office. If two or
939	more candidates receive an equal and highest number of votes for
940	the same office, such candidates shall draw lots to determine
941	which candidate is nominated.
942	Section 23.  Effective upon this act becoming a law,
943	subsection (3) of section 100.111, Florida Statutes, is amended
944	to read:
945	100.111  Filling vacancy.--
946	(3)  Whenever there is a vacancy for which a special
947	election is required pursuant to s. 100.101, the Governor, after
948	consultation with the Secretary of State, shall fix the dates of
949	a special primary election and a special election. Nominees of
950	political parties other than minor political parties shall be
951	chosen under the primary laws of this state in the special
952	primary election to become candidates in the special election.
953	Prior to setting the special election dates, the Governor shall
954	consider any upcoming elections in the jurisdiction where the
955	special election will be held. The dates fixed by the Governor
956	shall be specific days certain and shall not be established by
957	the happening of a condition or stated in the alternative. The
958	dates fixed shall provide a minimum of 2 weeks between each
959	election. In the event a vacancy occurs in the office of state
960	senator or member of the House of Representatives when the
961	Legislature is in regular legislative session, the minimum times
962	prescribed by this subsection may be waived upon concurrence of
963	the Governor, the Speaker of the House of Representatives, and
964	the President of the Senate. If a vacancy occurs in the office
965	of state senator and no session of the Legislature is scheduled
966	to be held prior to the next general election, the Governor may
967	fix the dates for the special primary election and for the
968	special election to coincide with the dates of the primary
969	election and general election. If a vacancy in office occurs in
970	any district in the state Senate or House of Representatives or
971	in any congressional district, and no session of the
972	Legislature, or session of Congress if the vacancy is in a
973	congressional district, is scheduled to be held during the
974	unexpired portion of the term, the Governor is not required to
975	call a special election to fill such vacancy.
976	(a)  The dates for candidates to qualify in such special
977	election or special primary election shall be fixed by the
978	Department of State, and candidates shall qualify not later than
979	noon of the last day so fixed. The dates fixed for qualifying
980	shall allow a minimum of 14 days between the last day of
981	qualifying and the special primary election.
982	(b)  The filing of campaign expense statements by
983	candidates in such special elections or special primaries and by
984	committees making contributions or expenditures to influence the
985	results of such special primaries or special elections shall be
986	not later than such dates as shall be fixed by the Department of
987	State, and in fixing such dates the Department of State shall
988	take into consideration and be governed by the practical time
989	limitations.
990	(c)  The dates for a candidate to qualify by the petition
991	process pursuant to s. 99.095 in such special primary or special
992	election shall be fixed by the Department of State. In fixing
993	such dates the Department of State shall take into consideration
994	and be governed by the practical time limitations. Any candidate
995	seeking to qualify by the petition process in a special primary
996	election shall obtain 25 percent of the signatures required by
997	s. 99.095.
998	(d)  The qualifying fees and party assessments of such
999	candidates as may qualify shall be the same as collected for the
1000	same office at the last previous primary for that office. The
1001	party assessment shall be paid to the appropriate executive
1002	committee of the political party to which the candidate belongs.
1003	(e)  Each county canvassing board shall make as speedy a
1004	return of the result of such special primary elections and
1005	special elections as time will permit, and the Elections
1006	Canvassing Commission likewise shall make as speedy a canvass
1007	and declaration of the nominees as time will permit.
1008	Section 24.  Section 100.191, Florida Statutes, is amended
1009	to read:
1010	100.191  General election laws applicable to special
1011	elections; returns.--All laws that are applicable to general
1012	elections are applicable to special elections or special primary
1013	elections to fill a vacancy in office or nomination, except that
1014	the canvass of returns by the county canvassing board of each
1015	county in which a special election is held shall be made on the
1016	day following the election, and the certificate of the result of
1017	the canvass shall be immediately forwarded to the Department of
1018	State. The Elections Canvassing Commission shall immediately,
1019	upon receipt of returns from the county in which a special
1020	election is held, proceed to canvass the returns and determine
1021	and declare the result thereof.
1022	Section 25.  Effective August 1, 2007, subsections (1) and
1023	(3) of section 100.371, Florida Statutes, are amended, present
1024	subsection (6) of that section is renumbered as subsection (7)
1025	and amended, and a new subsection (6) is added to that section,
1026	to read:
1027	100.371  Initiatives; procedure for placement on ballot.--
1028	(1)  Constitutional amendments proposed by initiative shall
1029	be placed on the ballot for the general election, provided the
1030	initiative petition has been filed with the Secretary of State
1031	no later than February 1 of the year the general election is
1032	held. A petition shall be deemed to be filed with the Secretary
1033	of State upon the date the secretary determines that valid and
1034	verified the petition forms have has been signed by the
1035	constitutionally required number and distribution of electors
1036	under this code, subject to the right of revocation established
1037	in this section.
1038	(3)  Each signature shall be dated when made and shall be
1039	valid for a period of 4 years following such date, provided all
1040	other requirements of law are met. The sponsor shall submit
1041	signed and dated forms to the appropriate supervisor of
1042	elections for verification as to the number of registered
1043	electors whose valid signatures appear thereon. The supervisor
1044	shall promptly verify the signatures within 30 days of receipt
1045	of the petition forms and upon payment of the fee required by s.
1046	99.097. The supervisor shall promptly record each valid
1047	signature in the statewide voter registration system, in the
1048	manner prescribed by the Secretary of State, the date each form
1049	is received by the supervisor and the date the signature on the
1050	form is verified as valid. The supervisor may verify that the
1051	signature on a form is valid only if:
1052	(a)  The form contains the original signature of the
1053	purported elector.
1054	(b)  The purported elector has accurately recorded on the
1055	form the date on which he or she signed the form.
1056	(c)  The form accurately sets forth the purported elector's
1057	name, street address, county, and voter registration number or
1058	date of birth.
1059	(d)  The purported elector is, at the time he or she signs
1060	the form, a duly qualified and registered elector authorized to
1061	vote in the county in which his or her signature is submitted.
1062
1063	The supervisor shall retain the signature forms for at least 1
1064	year following the election in which the issue appeared on the
1065	ballot or until the Division of Elections notifies the
1066	supervisors of elections that the committee which circulated the
1067	petition is no longer seeking to obtain ballot position.
1068	(6)(a)  An elector's signature on a petition form may be
1069	revoked within 150 days of the date on which he or she signed
1070	the petition form by submitting to the appropriate supervisor of
1071	elections a signed petition-revocation form adopted by rule for
1072	this purpose by the division.
1073	(b)  The petition-revocation form and the manner in which
1074	signatures are obtained, submitted, and verified shall be
1075	subject to the same relevant requirements and timeframes as the
1076	corresponding petition form and processes under this code and
1077	shall be approved by the Secretary of State before any signature
1078	on a petition-revocation form is obtained.
1079	(c)  Supervisors of elections shall provide petition-
1080	revocation forms to the public at all main and branch offices.
1081	(d)  The petition-revocation form shall be filed with the
1082	supervisor of elections by February 1 preceding the next general
1083	election or, if the initiative amendment is not certified for
1084	ballot position in that election, by February 1 preceding the
1085	next successive general election. The supervisor of elections
1086	shall promptly verify the signature on the petition-revocation
1087	form and process such revocation upon payment, in advance, of a
1088	fee of 10 cents or the actual cost of verifying such signature,
1089	whichever is less. The supervisor shall promptly record each
1090	valid and verified petition-revocation form in the statewide
1091	voter registration system in the manner prescribed by the
1092	Secretary of State.
1093	(7)(6)  The Department of State may adopt rules in
1094	accordance with s. 120.54 to carry out the provisions of
1095	subsections (1)-(6) (1)-(5).
1096	Section 26.  Subsection (1) of section 101.043, Florida
1097	Statutes, is amended to read:
1098	101.043  Identification required at polls.--
1099	(1)  The precinct register, as prescribed in s. 98.461,
1100	shall be used at the polls for the purpose of identifying the
1101	elector at the polls prior to allowing him or her to vote. The
1102	clerk or inspector shall require each elector, upon entering the
1103	polling place, to present one of the following current and valid
1104	picture identifications:
1105	(a)  Florida driver's license.
1106	(b)  Florida identification card issued by the Department
1107	of Highway Safety and Motor Vehicles.
1108	(c)  United States passport.
1109	(d)  Employee badge or identification.
1110	(e)  Buyer's club identification.
1111	(d)(f)  Debit or credit card.
1112	(e)(g)  Military identification.
1113	(f)(h)  Student identification.
1114	(g)(i)  Retirement center identification.
1115	(h)(j)  Neighborhood association identification.
1116	(i)(k)  Public assistance identification.
1117
1118	If the picture identification does not contain the signature of
1119	the voter, an additional identification that provides the
1120	voter's signature shall be required. The elector shall sign his
1121	or her name in the space provided on the precinct register or on
1122	an electronic device provided for recording the voter's
1123	signature. The clerk or inspector shall compare the signature
1124	with that on the identification provided by the elector and
1125	enter his or her initials in the space provided on the precinct
1126	register or on an electronic device provided for that purpose
1127	and allow the elector to vote if the clerk or inspector is
1128	satisfied as to the identity of the elector.
1129	Section 27.  Subsection (1) of section 101.048, Florida
1130	Statutes, is amended to read:
1131	101.048  Provisional ballots.--
1132	(1)  At all elections, a voter claiming to be properly
1133	registered in the state and eligible to vote at the precinct in
1134	the election but whose eligibility cannot be determined, a
1135	person whom an election official asserts is not eligible, and
1136	other persons specified in the code shall be entitled to vote a
1137	provisional ballot. Once voted, the provisional ballot shall be
1138	placed in a secrecy envelope and thereafter sealed in a
1139	provisional ballot envelope. The provisional ballot shall be
1140	deposited in a ballot box. All provisional ballots shall remain
1141	sealed in their envelopes for return to the supervisor of
1142	elections. The department shall prescribe the form of the
1143	provisional ballot envelope. A person casting a provisional
1144	ballot shall have the right to present written evidence
1145	supporting his or her eligibility to vote to the supervisor of
1146	elections by not later than 5 p.m. on the second third day
1147	following the election.
1148	Section 28.  Subsection (1) of section 101.573, Florida
1149	Statutes, is amended to read:
1150	101.573  Record of votes by precinct.--
1151	(1)  Within 35 75 days after the date of a municipal
1152	election or runoff, whichever occurs later, a presidential
1153	preference primary, a primary election, a special election, or a
1154	general election, the supervisor of elections shall file with
1155	the Department of State precinct-level election results, in an
1156	electronic format specified by the Department of State, for that
1157	election cycle, including any primary elections. Precinct-level
1158	election results shall separately record for each precinct all
1159	demographic data associated with each precinct at book close for
1160	each election, individual vote history, the returns of ballots
1161	cast at the precinct location, to which have been added the
1162	returns of absentee ballots cast by voters registered in the
1163	precinct, and the returns of early ballots cast by voters
1164	registered in the precinct. The data are required to be cross
1165	referenced by political party and other demographic information
1166	as defined by the Department of State. The Department of State
1167	shall create a uniform system for the collection and reporting
1168	of such precinct-level election results and vote history.
1169	Section 29.  Subsections (6) and (8) of section 101.6103,
1170	Florida Statutes, are amended to read:
1171	101.6103  Mail ballot election procedure.--
1172	(6)  The canvassing board may begin the canvassing of mail
1173	ballots at 7 a.m. on the sixth fourth day before the election,
1174	including processing the ballots through the tabulating
1175	equipment. However, results may not be released until after 7
1176	p.m. on election day. Any canvassing board member or election
1177	employee who releases any result before 7 p.m. on election day
1178	commits a felony of the third degree, punishable as provided in
1179	s. 775.082, s. 775.083, or s. 775.084.
1180	(8)  Effective July 1, 2005, A ballot that otherwise
1181	satisfies the requirements of subsection (5) shall be counted
1182	even if the elector dies after mailing the ballot but before
1183	election day, as long as, prior to the death of the voter, the
1184	ballot was:
1185	(a)  Postmarked by the United States Postal Service;
1186	(b)  Date-stamped with a verifiable tracking number by
1187	common carrier; or
1188	(c)  Already in the possession of the supervisor of
1189	elections.
1190	Section 30.  Effective July 1, 2007, subsections (1) and
1191	(4) of section 101.62, Florida Statutes, are amended to read:
1192	101.62  Request for absentee ballots.--
1193	(1)(a)  The supervisor may accept a request for an absentee
1194	ballot from an elector in person or in writing. Except as
1195	provided in s. 101.694, one request shall be deemed sufficient
1196	to receive an absentee ballot for all elections through the next
1197	two regularly scheduled general elections which are held within
1198	a calendar year, unless the elector or the elector's designee
1199	indicates at the time the request is made the elections for
1200	which the elector desires to receive an absentee ballot. Such
1201	request may be considered canceled when any first-class mail
1202	sent by the supervisor to the elector is returned as
1203	undeliverable.
1204	(b)  The supervisor may accept a written or telephonic
1205	request for an absentee ballot from the elector, or, if directly
1206	instructed by the elector, a member of the elector's immediate
1207	family, or the elector's legal guardian. For purposes of this
1208	section, the term "immediate family" has the same meaning as
1209	specified in paragraph (4)(b). The person making the request
1210	must disclose:
1211	1.  The name of the elector for whom the ballot is
1212	requested;
1213	2.  The elector's address;
1214	3.  The elector's date of birth;
1215	4.  The requester's name;
1216	5.  The requester's address;
1217	6.  The requester's driver's license number, if available;
1218	7.  The requester's relationship to the elector; and
1219	8.  The requester's signature (written requests only).
1220	(4)(a)  To each absent qualified elector overseas who has
1221	requested an absentee ballot, the supervisor of elections shall
1222	mail an absentee ballot not less fewer than 35 days before the
1223	primary election and not less than 45 days before the or general
1224	election.
1225	(b)  The supervisor shall provide an absentee ballot to
1226	each elector by whom a request for that ballot has been made by
1227	one of the following means:
1228	1.  By nonforwardable, return-if-undeliverable mail to the
1229	elector's current mailing address on file with the supervisor,
1230	unless the elector specifies in the request that:
1231	a.  The elector is absent from the county and does not plan
1232	to return before the day of the election;
1233	b.  The elector is temporarily unable to occupy the
1234	residence because of hurricane, tornado, flood, fire, or other
1235	emergency or natural disaster; or
1236	c.  The elector is in a hospital, assisted-living facility,
1237	nursing home, short-term medical or rehabilitation facility, or
1238	correctional facility,
1239
1240	in which case the supervisor shall mail the ballot by
1241	nonforwardable, return-if-undeliverable mail to any other
1242	address the elector specifies in the request.
1243	2.  By forwardable mail to voters who are entitled to vote
1244	by absentee ballot under the Uniformed and Overseas Citizens
1245	Absentee Voting Act.
1246	3.  By personal delivery before 7 p.m. on election day to
1247	the elector, upon presentation of the identification required in
1248	s. 101.043 s. 101.657.
1249	4.  By delivery to a designee on election day or up to 5 4
1250	days prior to the day of an election. Any elector may designate
1251	in writing a person to pick up the ballot for the elector;
1252	however, the person designated may not pick up more than two
1253	absentee ballots per election, other than the designee's own
1254	ballot, except that additional ballots may be picked up for
1255	members of the designee's immediate family. For purposes of this
1256	section, "immediate family" means the designee's spouse or the
1257	parent, child, grandparent, or sibling of the designee or of the
1258	designee's spouse. The designee shall provide to the supervisor
1259	the written authorization by the elector and a picture
1260	identification of the designee and must complete an affidavit.
1261	The designee shall state in the affidavit that the designee is
1262	authorized by the elector to pick up that ballot and shall
1263	indicate if the elector is a member of the designee's immediate
1264	family and, if so, the relationship. The department shall
1265	prescribe the form of the affidavit. If the supervisor is
1266	satisfied that the designee is authorized to pick up the ballot
1267	and that the signature of the elector on the written
1268	authorization matches the signature of the elector on file, the
1269	supervisor shall give the ballot to that designee for delivery
1270	to the elector.
1271	Section 31.  Subsection (2) of section 101.68, Florida
1272	Statutes, is amended to read:
1273	101.68  Canvassing of absentee ballot.--
1274	(2)(a)  The county canvassing board may begin the
1275	canvassing of absentee ballots at 7 a.m. on the sixth fourth day
1276	before the election, but not later than noon on the day
1277	following the election. In addition, for any county using
1278	electronic tabulating equipment, the processing of absentee
1279	ballots through such tabulating equipment may begin at 7 a.m. on
1280	the sixth fourth day before the election. However,
1281	notwithstanding any such authorization to begin canvassing or
1282	otherwise processing absentee ballots early, no result shall be
1283	released until after the closing of the polls in that county on
1284	election day. Any supervisor of elections, deputy supervisor of
1285	elections, canvassing board member, election board member, or
1286	election employee who releases the results of a canvassing or
1287	processing of absentee ballots prior to the closing of the polls
1288	in that county on election day commits a felony of the third
1289	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1290	775.084.
1291	(b)  To ensure that all absentee ballots to be counted by
1292	the canvassing board are accounted for, the canvassing board
1293	shall compare the number of ballots in its possession with the
1294	number of requests for ballots received to be counted according
1295	to the supervisor's file or list.
1296	(c)1.  The canvassing board shall, if the supervisor has
1297	not already done so, compare the signature of the elector on the
1298	voter's certificate with the signature of the elector in the
1299	registration books to see that the elector is duly registered in
1300	the county and to determine the legality of that absentee
1301	ballot. Effective July 1, 2005, The ballot of an elector who
1302	casts an absentee ballot shall be counted even if the elector
1303	dies on or before election day, as long as, prior to the death
1304	of the voter, the ballot was postmarked by the United States
1305	Postal Service, date-stamped with a verifiable tracking number
1306	by common carrier, or already in the possession of the
1307	supervisor of elections. An absentee ballot shall be considered
1308	illegal if it does not include the signature of the elector, as
1309	shown by the registration records. However, an absentee ballot
1310	shall not be considered illegal if the signature of the elector
1311	does not cross the seal of the mailing envelope. If the
1312	canvassing board determines that any ballot is illegal, a member
1313	of the board shall, without opening the envelope, mark across
1314	the face of the envelope: "rejected as illegal." The envelope
1315	and the ballot contained therein shall be preserved in the
1316	manner that official ballots voted are preserved.
1317	2.  If any elector or candidate present believes that an
1318	absentee ballot is illegal due to a defect apparent on the
1319	voter's certificate, he or she may, at any time before the
1320	ballot is removed from the envelope, file with the canvassing
1321	board a protest against the canvass of that ballot, specifying
1322	the precinct, the ballot, and the reason he or she believes the
1323	ballot to be illegal. A challenge based upon a defect in the
1324	voter's certificate may not be accepted after the ballot has
1325	been removed from the mailing envelope.
1326	(d)  The canvassing board shall record the ballot upon the
1327	proper record, unless the ballot has been previously recorded by
1328	the supervisor. The mailing envelopes shall be opened and the
1329	secrecy envelopes shall be mixed so as to make it impossible to
1330	determine which secrecy envelope came out of which signed
1331	mailing envelope; however, in any county in which an electronic
1332	or electromechanical voting system is used, the ballots may be
1333	sorted by ballot styles and the mailing envelopes may be opened
1334	and the secrecy envelopes mixed separately for each ballot
1335	style. The votes on absentee ballots shall be included in the
1336	total vote of the county.
1337	Section 32.  Subsection (2) of section 102.112, Florida
1338	Statutes, is amended to read:
1339	102.112  Deadline for submission of county returns to the
1340	Department of State.--
1341	(2)  Returns must be filed by 5 p.m. on the 7th day
1342	following a primary election and by noon 5 p.m. on the 12th 11th
1343	day following the general election. However, the Department of
1344	State may correct typographical errors, including the
1345	transposition of numbers, in any returns submitted to the
1346	Department of State pursuant to s. 102.111(1).
1347	Section 33.  Present subsections (4) through (9) of section
1348	102.141, Florida Statutes, are renumbered as subsections (5)
1349	through (10), respectively, present subsections (4) and (6) of
1350	that section are amended, and a new subsection (4) is added to
1351	that section, to read:
1352	102.141  County canvassing board; duties.--
1353	(4)  The canvassing board shall submit by 11:59 p.m. on
1354	election night the preliminary returns it has received to the
1355	Department of State in a format provided by the department.
1356	(5)(4)  The canvassing board shall submit on forms or in
1357	formats provided by the division unofficial returns to the
1358	Department of State for each federal, statewide, state, or
1359	multicounty office or ballot measure no later than noon on the
1360	third day after any primary election and no later than noon on
1361	the fourth fifth day after any general or other election. Such
1362	returns shall include the canvass of all ballots as required by
1363	subsection (2), except for provisional ballots, which returns
1364	shall be reported at the time required for official returns
1365	pursuant to s. 102.112(2).
1366	(7)(6)  If the unofficial returns reflect that a candidate
1367	for any office was defeated or eliminated by one-half of a
1368	percent or less of the votes cast for such office, that a
1369	candidate for retention to a judicial office was retained or not
1370	retained by one-half of a percent or less of the votes cast on
1371	the question of retention, or that a measure appearing on the
1372	ballot was approved or rejected by one-half of a percent or less
1373	of the votes cast on such measure, the board responsible for
1374	certifying the results of the vote on such race or measure shall
1375	order a recount of the votes cast with respect to such office or
1376	measure. The Elections Canvassing Commission is the board
1377	responsible for ordering federal, state, and multicounty
1378	recounts. A recount need not be ordered with respect to the
1379	returns for any office, however, if the candidate or candidates
1380	defeated or eliminated from contention for such office by one-
1381	half of a percent or less of the votes cast for such office
1382	request in writing that a recount not be made.
1383	(a)  Each canvassing board responsible for conducting a
1384	recount shall put each marksense ballot through automatic
1385	tabulating equipment and determine whether the returns correctly
1386	reflect the votes cast. If any marksense ballot is physically
1387	damaged so that it cannot be properly counted by the automatic
1388	tabulating equipment during the recount, a true duplicate shall
1389	be made of the damaged ballot pursuant to the procedures in s.
1390	101.5614(5). Immediately before the start of the recount, a test
1391	of the tabulating equipment shall be conducted as provided in s.
1392	101.5612. If the test indicates no error, the recount tabulation
1393	of the ballots cast shall be presumed correct and such votes
1394	shall be canvassed accordingly. If an error is detected, the
1395	cause therefor shall be ascertained and corrected and the
1396	recount repeated, as necessary. The canvassing board shall
1397	immediately report the error, along with the cause of the error
1398	and the corrective measures being taken, to the Department of
1399	State. No later than 11 days after the election, the canvassing
1400	board shall file a separate incident report with the Department
1401	of State, detailing the resolution of the matter and identifying
1402	any measures that will avoid a future recurrence of the error.
1403	(b)  Each canvassing board responsible for conducting a
1404	recount where touchscreen ballots were used shall examine the
1405	counters on the precinct tabulators to ensure that the total of
1406	the returns on the precinct tabulators equals the overall
1407	election return. If there is a discrepancy between the overall
1408	election return and the counters of the precinct tabulators, the
1409	counters of the precinct tabulators shall be presumed correct
1410	and such votes shall be canvassed accordingly.
1411	(c)  The canvassing board shall submit on forms or in
1412	formats provided by the division a second set of unofficial
1413	returns to the Department of State for each federal, statewide,
1414	state, or multicounty office or ballot measure no later than 3
1415	p.m. on the fifth day after any primary election and no later
1416	than 3 p.m. on the ninth eighth day after any general election
1417	in which a recount was conducted pursuant to this subsection. If
1418	the canvassing board is unable to complete the recount
1419	prescribed in this subsection by the deadline, the second set of
1420	unofficial returns submitted by the canvassing board shall be
1421	identical to the initial unofficial returns and the submission
1422	shall also include a detailed explanation of why it was unable
1423	to timely complete the recount. However, the canvassing board
1424	shall complete the recount prescribed in this subsection, along
1425	with any manual recount prescribed in s. 102.166, and certify
1426	election returns in accordance with the requirements of this
1427	chapter.
1428	(d)  The Department of State shall adopt detailed rules
1429	prescribing additional recount procedures for each certified
1430	voting system, which shall be uniform to the extent practicable.
1431	Section 34.  Paragraph (b) of subsection (5) of section
1432	102.166, Florida Statutes, is amended to read:
1433	102.166  Manual recounts.--
1434	(5)  Procedures for a manual recount are as follows:
1435	(b)  Each duplicate ballot prepared pursuant to s.
1436	101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared
1437	with the original ballot to ensure the correctness of the
1438	duplicate.
1439	Section 35.  Subsection (3) is added to section 103.081,
1440	Florida Statutes, to read:
1441	103.081  Use of party name; political advertising.--
1442	(3)  A political party may file with the Department of
1443	State names of groups or committees associated with the
1444	political party. Such filed names may not be used without first
1445	obtaining the written permission of the chair of the state
1446	executive committee of the party.
1447	Section 36.  Subsections (1) and (4) and paragraph (b) of
1448	subsection (6) of section 103.091, Florida Statutes, are amended
1449	to read:
1450	103.091  Political parties.--
1451	(1)  Each political party of the state shall be represented
1452	by a state executive committee.  County executive committees and
1453	other committees may be established in accordance with the rules
1454	of the state executive committee.  A political party may provide
1455	for the selection of its national committee and its state and
1456	county executive committees in such manner as it deems proper.
1457	Unless otherwise provided by party rule, the county executive
1458	committee of each political party shall consist of at least two
1459	members, a man and a woman, from each precinct, who shall be
1460	called the precinct committeeman and committeewoman.  For
1461	counties divided into 40 or more precincts, the state executive
1462	committee may adopt a district unit of representation for such
1463	county executive committees.  Upon adoption of a district unit
1464	of representation, the state executive committee shall request
1465	the supervisor of elections of that county, with approval of the
1466	board of county commissioners, to provide for election districts
1467	as nearly equal in number of registered voters as possible.
1468	Each county committeeman or committeewoman shall be a resident
1469	of the precinct from which he or she is elected. Each state
1470	committeeman or committeewoman must be a member in good standing
1471	of the county executive committee for the county in which the
1472	state committeeman or committeewoman is a registered voter.
1473	(4)  Any political party other than a minor political party
1474	may by rule provide for the membership of its state or county
1475	executive committee to be elected for 4-year terms at the
1476	primary election in each year a presidential election is held.
1477	The terms shall commence on the first day of the month following
1478	each presidential general election; but the names of candidates
1479	for political party offices shall not be placed on the ballot at
1480	any other election. The results of such election shall be
1481	determined by a plurality of the votes cast. In such event,
1482	electors seeking to qualify for such office shall do so with the
1483	Department of State or supervisor of elections not earlier than
1484	noon of the 71st 57th day, or later than noon of the 67th 53rd
1485	day, preceding the primary election. The outgoing chair of each
1486	county executive committee shall, within 30 days after the
1487	committee members take office, hold an organizational meeting of
1488	all newly elected members for the purpose of electing officers.
1489	The chair of each state executive committee shall, within 60
1490	days after the committee members take office, hold an
1491	organizational meeting of all newly elected members for the
1492	purpose of electing officers.
1493	(6)
1494	(b)  Each state executive committee shall include, as at-
1495	large committeemen and committeewomen, all members of the United
1496	States Congress representing the State of Florida who are
1497	members of the political party, all statewide elected officials
1498	who are members of the party, 10 Florida registered voters who
1499	are members of the party as appointed by the Governor if the
1500	Governor is a member of the party, and the President of the
1501	Senate or the Minority Leader in the Senate, and the Speaker of
1502	the House of Representatives or the Minority Leader in the House
1503	of Representatives, whichever is a member of the political
1504	party, and 20 members of the Legislature who are members of the
1505	political party.  Ten of the legislators shall be appointed with
1506	the concurrence of the state chair of the respective party, as
1507	follows: five to be appointed by the President of the Senate;
1508	five by the Minority Leader in the Senate; five by the Speaker
1509	of the House of Representatives; and five by the Minority Leader
1510	in the House.
1511	Section 37.  Section 103.141, Florida Statutes, is amended
1512	to read:
1513	103.141  Removal of county executive committee member for
1514	violation of oath.--
1515	(1)  Where the county executive committee by at least a
1516	two-thirds majority vote of the members of the committee,
1517	attending a meeting held after due notice has been given and at
1518	which meeting a quorum is present, determines an incumbent
1519	county executive committee member to be guilty of an offense
1520	involving a violation of the member's oath of office, said
1521	member so violating his or her oath shall be removed from office
1522	and the office shall be deemed vacant.  Provided, however, if
1523	the county committee wrongfully removes a county committee
1524	member and the committee member so wrongfully removed files suit
1525	in the circuit court alleging his or her removal was wrongful
1526	and wins said suit, the committee member shall be restored to
1527	office and the county committee shall pay the costs incurred by
1528	the wrongfully removed committee member in bringing the suit,
1529	including reasonable attorney's fees.
1530	(2)  Any officer, county committeeman, county
1531	committeewoman, precinct committeeman, precinct committeewoman,
1532	or member of a county executive committee may be removed from
1533	office pursuant to s. 103.161. Either the county or state
1534	executive committee is empowered to take judicial action in
1535	chancery against a county committee member for alleged violation
1536	of the member's oath of office in the circuit court of the
1537	county in which that committee member is an elector; provided,
1538	however, that the state committee may take such judicial action
1539	only when a county committee refuses to take such judicial
1540	action within 10 days after a charge is made. Procedure shall be
1541	as in other cases in chancery, and if the court shall find as
1542	fact that the defendant did violate his or her oath of office,
1543	it shall enter a decree removing the defendant from the county
1544	committee.  If either such executive committee brings suit in
1545	the circuit court for the removal of a county committee member
1546	and loses said suit, such committee shall pay the court costs
1547	incurred in such suit by the committee member, including
1548	reasonable attorney's fees.
1549	Section 38.  Section 103.151, Florida Statutes, is
1550	repealed.
1551	Section 39.  Section 103.161, Florida Statutes, is created
1552	to read:
1553	103.161  Removal or suspension of officers or members of
1554	state executive committee or county executive committee.--
1555	(1)  The chairman of the state executive committee is
1556	empowered to remove or suspend from an office within the
1557	chairman's political party any officer, state committeeman,
1558	state committeewoman, county committeeman, county
1559	committeewoman, precinct committeeman, precinct committeewoman,
1560	or other member of a state executive committee, county executive
1561	committee, political party club, or other organization using the
1562	political party name as provided in s. 103.081 for a violation
1563	of the oath of office taken by such individual or for engaging
1564	in other activities described in this section.
1565	(2)  Such violation may include engaging in activities that
1566	have or could have injured the name or status of the political
1567	party or interfered with the activities of the political party.
1568	The chairman has sole discretion to determine if a violation
1569	occurred.
1570	(3)  Upon the chairman's determination that a violation of
1571	the oath of office occurred or that an individual engaged in
1572	other activities described in this section, the chairman may
1573	remove or suspend the individual from his or her office. If the
1574	chairman removes the individual from office, the office shall be
1575	deemed vacant upon the delivery of the chairman's written order
1576	of removal to the individual. When a vacancy in office is
1577	created, the chairman shall appoint an individual to serve
1578	through the end of the term of the office. If the chairman
1579	suspends the individual, the chairman shall determine the length
1580	of the suspension.
1581	(4)  An individual removed from office by the chairman
1582	shall not be eligible to serve on the state executive committee
1583	or any county executive committee of the political party for a
1584	period of no less than 4 years from the effective date of the
1585	removal.
1586	Section 40.  Subsection (1) of section 105.031, Florida
1587	Statutes, is amended to read:
1588	105.031  Qualification; filing fee; candidate's oath; items
1589	required to be filed.--
1590	(1)  TIME OF QUALIFYING.--Except for candidates for
1591	judicial office, nonpartisan candidates for multicounty office
1592	shall qualify with the Division of Elections of the Department
1593	of State and nonpartisan candidates for countywide or less than
1594	countywide office shall qualify with the supervisor of
1595	elections. Candidates for judicial office other than the office
1596	of county court judge shall qualify with the Division of
1597	Elections of the Department of State, and candidates for the
1598	office of county court judge shall qualify with the supervisor
1599	of elections of the county. Candidates for judicial office shall
1600	qualify no earlier than noon of the 120th day, and no later than
1601	noon of the 116th day, before the primary election. Candidates
1602	for the office of school board member shall qualify no earlier
1603	than noon of the 71st 50th day, and no later than noon of the
1604	67th 46th day, before the primary election. Filing shall be on
1605	forms provided for that purpose by the Division of Elections and
1606	furnished by the appropriate qualifying officer. Any person
1607	seeking to qualify by the petition process, as set forth in s.
1608	105.035, who has submitted the necessary petitions by the
1609	required deadline and is notified after the fifth day prior to
1610	the last day for qualifying that the required number of
1611	signatures has been obtained, shall be entitled to subscribe to
1612	the candidate's oath and file the qualifying papers at any time
1613	within 5 days from the date he or she is notified that the
1614	necessary number of signatures has been obtained. Any person
1615	other than a write-in candidate who qualifies within the time
1616	prescribed in this subsection shall be entitled to have his or
1617	her name printed on the ballot.
1618	Section 41.  Paragraph (c) of subsection (1) of section
1619	106.021, Florida Statutes, is amended to read:
1620	106.021  Campaign treasurers; deputies; primary and
1621	secondary depositories.--
1622	(1)
1623	(c)  Any campaign treasurer or deputy treasurer appointed
1624	pursuant to this section shall be a registered voter in this
1625	state and shall, before such appointment may become effective,
1626	have accepted appointment to such position in writing and filed
1627	such acceptance with the officer before whom the candidate is
1628	required to qualify or with the officer with whom the political
1629	committee is required to file reports.  An individual may be
1630	appointed and serve as campaign treasurer of a candidate and a
1631	political committee or two or more candidates and political
1632	committees.  A candidate may appoint herself or himself as
1633	campaign treasurer.
1634	Section 42.  Subsection (1) of section 106.04, Florida
1635	Statutes, is amended to read:
1636	106.04  Committees of continuous existence.--
1637	(1)  In order to qualify as a committee of continuous
1638	existence for the purposes of this chapter, a group,
1639	organization, association, or other such entity which is
1640	involved in making contributions to candidates, political
1641	committees, or political parties, shall meet the following
1642	criteria:
1643	(a)  It shall be organized and operated in accordance with
1644	a written charter or set of bylaws which contains procedures for
1645	the election of officers and directors and which clearly defines
1646	membership in the organization; and
1647	(b)  At least 25 percent of the income of such
1648	organization, excluding interest, must be derived from dues or
1649	assessments payable on a regular basis by its membership
1650	pursuant to provisions contained in the charter or bylaws. Dues
1651	may be collected by a group, organization, association, or other
1652	such entity from its members and forwarded to the committee of
1653	continuous existence. The committee of continuous existence
1654	shall report such dues as if it had received the dues directly
1655	from its members, in the manner prescribed in subsection (4).
1656	Section 43.  Section 106.055, Florida Statutes, is amended
1657	to read:
1658	106.055  Valuation of in-kind contributions.--Any person
1659	who makes an in-kind contribution shall, at the time of making
1660	such contribution, place a value on such contribution, which
1661	valuation shall be the fair market value of such contribution.
1662	Travel conveyed upon private aircraft shall be valued at the
1663	actual cost of per person commercial air travel for the same or
1664	a substantially similar route.
1665	Section 44.  Subsection (10) is added to section 106.08,
1666	Florida Statutes, to read:
1667	106.08  Contributions; limitations on.--
1668	(10)  Contributions to a political committee or committee
1669	of continuous existence may be received by an affiliated
1670	organization and transferred to the bank account of the
1671	political committee or committee of continuous existence via
1672	check written from the affiliated organization if such
1673	contributions are specifically identified as intended to be
1674	contributed to the political committee or committee of
1675	continuous existence. All contributions received in this manner
1676	shall be reported pursuant to s. 106.07 by the political
1677	committee or committee of continuous existence as having been
1678	made by the original contributor.
1679	Section 45.  Section 106.09, Florida Statutes, is amended
1680	to read:
1681	106.09  Cash contributions and contribution by cashier's
1682	checks.--
1683	(1)  A person may not make or accept a cash contribution or
1684	contribution by means of a cashier's check in excess of $50
1685	$100.
1686	(2)(a)  Any person who makes or accepts a contribution in
1687	excess of $50 $100 in violation of this section commits a
1688	misdemeanor of the first degree, punishable as provided in s.
1689	775.082 or s. 775.083.
1690	(b)  Any person who knowingly and willfully makes or
1691	accepts a contribution in excess of $5,000 in violation of this
1692	section commits a felony of the third degree, punishable as
1693	provided in s. 775.082, s. 775.083, or s. 775.084.
1694	Section 46.  Subsection (1) of section 106.143, Florida
1695	Statutes, is amended to read:
1696	106.143  Political advertisements circulated prior to
1697	election; requirements.--
1698	(1)(a)  Any political advertisement that is paid for by a
1699	candidate and that is published, displayed, or circulated prior
1700	to, or on the day of, any election must prominently state:
1701	"Political advertisement paid for and approved by  ...name of
1702	candidate)...,  ...party affiliation)..., for  ...(office
1703	sought)...."
1704	(b)  Any other political advertisement published,
1705	displayed, or circulated prior to, or on the day of, any
1706	election must prominently:
1707	1.  Be marked "paid political advertisement" or with the
1708	abbreviation "pd. pol. adv."
1709	2.  State the name and address of the persons sponsoring
1710	the advertisement.
1711	3.a.(I)  State whether the advertisement and the cost of
1712	production is paid for or provided in kind by or at the expense
1713	of the entity publishing, displaying, broadcasting, or
1714	circulating the political advertisement; or
1715	(II)  State who provided or paid for the advertisement and
1716	cost of production, if different from the source of sponsorship.
1717	b.  This subparagraph does not apply if the source of the
1718	sponsorship is patently clear from the content or format of the
1719	political advertisement.
1720	(c)  Any political advertisement made pursuant to s.
1721	106.021(3)(d) must be marked "paid political advertisement" or
1722	with the abbreviation "pd. pol. adv." and must prominently
1723	state, "Paid for and sponsored by ...(name of person paying for
1724	political advertisement). Approved by ...(names of persons,
1725	party affiliation, and offices sought in the political
1726	advertisement)."...
1727
1728	This subsection does not apply to campaign messages used by a
1729	candidate and the candidate's supporters if those messages are
1730	designed to be worn by a person.
1731	Section 47.  Section 106.17, Florida Statutes, is amended
1732	to read:
1733	106.17  Polls and surveys relating to candidacies.--Any
1734	candidate, political committee, committee of continuous
1735	existence, electioneering communication organization, or state
1736	or county executive committee of a political party may authorize
1737	or conduct a political poll, survey, index, or measurement of
1738	any kind relating to candidacy for public office so long as the
1739	candidate, political committee, committee of continuous
1740	existence, electioneering communication organization, or
1741	political party maintains complete jurisdiction over the poll in
1742	all its aspects.
1743	Section 48.  Section 106.25, Florida Statutes, is amended
1744	to read:
1745	106.25  Reports of alleged violations to Florida Elections
1746	Commission; disposition of findings.--
1747	(1)  Jurisdiction to investigate and determine violations
1748	of this chapter and chapter 104 is vested in the Florida
1749	Elections Commission; however, nothing in this section limits
1750	the jurisdiction of any other officers or agencies of government
1751	empowered by law to investigate, act upon, or dispose of alleged
1752	violations of this code.
1753	(2)  The commission shall investigate all violations of
1754	this chapter and chapter 104, but only after having received
1755	either a sworn complaint or information reported to it under
1756	this subsection by the Division of Elections. Such sworn
1757	complaint must be based upon personal information or information
1758	other than hearsay. Any person, other than the division, having
1759	information of any violation of this chapter or chapter 104
1760	shall file a sworn complaint with the commission. The commission
1761	shall investigate only those alleged violations specifically
1762	contained within the sworn complaint. If any complainant fails
1763	to allege all violations that arise from the facts or
1764	allegations alleged in a complaint, the commission shall be
1765	barred from investigating a subsequent complaint from such
1766	complainant that is based upon such facts or allegations that
1767	were raised or could have been raised in the first complaint. If
1768	the complaint includes allegations of violations relating to
1769	expense items reimbursed by a candidate, committee, or
1770	organization to the campaign account before a sworn complaint is
1771	filed, the commission shall be barred from investigating such
1772	allegations. Such sworn complaint shall state whether a
1773	complaint of the same violation has been made to any state
1774	attorney. Within 5 days after receipt of a sworn complaint, the
1775	commission shall transmit a copy of the complaint to the alleged
1776	violator. If the executive director finds that the complaint is
1777	legally sufficient, the respondent shall be notified of such
1778	finding by letter, which sets forth the statutory provisions
1779	alleged to have been violated and the alleged factual basis that
1780	supports the finding. All sworn complaints alleging violations
1781	of the Florida Election Code over which the commission has
1782	jurisdiction shall be filed with the commission within 2 years
1783	after the alleged violations. The period of limitations is
1784	tolled on the day a sworn complaint is filed with the
1785	commission. The complainant may withdraw the sworn complaint at
1786	any time prior to a probable cause hearing if good cause is
1787	shown. Withdrawal shall be requested in writing, signed by the
1788	complainant, and witnessed by a notary public, stating the facts
1789	and circumstances constituting good cause. The executive
1790	director shall prepare a written recommendation regarding
1791	disposition of the request which shall be given to the
1792	commission together with the request. "Good cause" shall be
1793	determined based upon the legal sufficiency or insufficiency of
1794	the complaint to allege a violation and the reasons given by the
1795	complainant for wishing to withdraw the complaint. If withdrawal
1796	is permitted, the commission must close the investigation and
1797	the case. No further action may be taken. The complaint will
1798	become a public record at the time of withdrawal.
1799	(3)  For the purposes of commission jurisdiction, a
1800	violation shall mean the willful performance of an act
1801	prohibited by this chapter or chapter 104 or the willful failure
1802	to perform an act required by this chapter or chapter 104.
1803	Willfulness is a determination of fact; however, at the request
1804	of the respondent, willfulness may be considered and determined
1805	in an informal hearing before the commission.
1806	(4)  The commission shall undertake a preliminary
1807	investigation to determine if the facts alleged in a sworn
1808	complaint or a matter initiated by the division constitute
1809	probable cause to believe that a violation has occurred. The
1810	respondent, the complainant, and their respective counsel shall
1811	be permitted to attend the hearing at which the probable cause
1812	determination is made. Notice of the hearing shall be sent to
1813	the respondent and the complainant at least 14 days prior to the
1814	date of the hearing. The respondent and his or her counsel shall
1815	be permitted to make a brief oral statement in the nature of
1816	oral argument to the commission before the probable cause
1817	determination. The commission's determination shall be based
1818	upon the investigator's report, the complaint, and staff
1819	recommendations, as well as any written statements submitted by
1820	the respondent and any oral statements made at the hearing. No
1821	testimony or other evidence shall be accepted at the hearing.
1822	Upon completion of the preliminary investigation, the commission
1823	shall, by written report, find probable cause or no probable
1824	cause to believe that this chapter or chapter 104 has been
1825	violated.
1826	(a)  When the investigator's report is completed, the
1827	executive director shall notify the respondent that the report
1828	is completed and shall send to the respondent a copy of the
1829	investigator's report. The investigatory file and main complaint
1830	file shall be open for inspection by the respondent and the
1831	respondent's counsel at that time, and copies may be obtained at
1832	no more than cost.
1833	(b)  The respondent shall be given not less than 14 days
1834	from the date of mailing of the investigator's report to file
1835	with the commission a written response to the investigator's
1836	report. This time period may be shortened with the consent of
1837	the respondent, or without the consent of the respondent when
1838	the passage of time could reasonably be expected to render moot
1839	the ultimate disposition of the matter by the commission so long
1840	as reasonable notice under the circumstances is given.
1841	(c)  Counsel for the commission shall review the
1842	investigator's report and shall make a written recommendation to
1843	the commission for the disposition of the complaint. If the
1844	counsel for the commission recommends that the commission find
1845	probable cause, the recommendation shall include a statement of
1846	what charges shall be at issue. A copy of the recommendation
1847	shall be furnished to the respondent. The respondent shall be
1848	given not less than 14 days from the date of mailing of the
1849	recommendation of counsel for the commission to file with the
1850	commission a written response to the recommendation. This time
1851	period may be shortened with the consent of the respondent, or
1852	without the consent of the respondent when the passage of time
1853	could reasonably be expected to render moot the ultimate
1854	disposition of the matter by the commission, so long as the
1855	recommendation is furnished to the respondent within a
1856	reasonable period of time under the circumstances.
1857	(d)  The respondent and each complainant, their counsel,
1858	and the counsel for the commission shall be permitted to attend
1859	the hearing at which the probable cause determination is made.
1860	Notice of the hearing shall be sent to the respondent, each
1861	complainant, and counsel for the commission at least 14 days
1862	before the hearing. This time period may be shortened with the
1863	consent of the respondent, or without the consent of the
1864	respondent when the passage of time could reasonably be expected
1865	to render moot the ultimate disposition of the matter by the
1866	commission, so long as the notice is furnished within a
1867	reasonable period of time under the circumstances.
1868	(e)  The probable cause determination is the conclusion of
1869	the preliminary investigation. The respondent and the counsel
1870	for the commission shall be permitted to make brief oral
1871	statements in the nature of oral argument to the commission,
1872	based on the investigator's report, before the probable cause
1873	determination. The commission's determination shall be based
1874	upon the investigator's report, the recommendation of counsel
1875	for the commission, the complaint, and staff recommendations, as
1876	well as any written statements submitted by the respondent and
1877	any oral statements made at the hearing. No testimony or other
1878	evidence will be accepted at the hearing.
1879	(f)  At its meeting to determine probable cause, the
1880	commission may continue its determination to allow further
1881	investigation; may order the issuance of a public report of its
1882	investigation if it finds no probable cause to believe that
1883	there has been a violation of this chapter or chapter 104,
1884	concluding the matter before it; may order a final, public
1885	hearing of the complaint if it finds probable cause to believe
1886	that there has been a violation of this chapter or chapter 104;
1887	or may take such other action as it deems necessary to resolve
1888	the complaint, consistent with due process of law. In making its
1889	determination, the commission may consider:
1890	1.  The sufficiency of the evidence against the respondent,
1891	as contained in the investigator's report;
1892	2.  The admissions and other stipulations of the
1893	respondent, if any;
1894	3.  The nature and circumstances of the respondent's
1895	actions;
1896	4.  The expense of further proceedings; and
1897	5.  Such other factors as it deems material to its
1898	decision.
1899
1900	If the commission finds probable cause, the commission shall
1901	determine what charges shall be at issue.
1902	(g)(a)  If no probable cause is found, the commission shall
1903	dismiss the case and the case shall become a matter of public
1904	record, except as otherwise provided in this section, together
1905	with a written statement of the findings of the preliminary
1906	investigation and a summary of the facts which the commission
1907	shall send to the complainant and the alleged violator. A
1908	finding of no probable cause by the commission is a full
1909	adjudication of all such matters. The commission may not charge
1910	a respondent in a subsequent complaint alleging violations based
1911	upon the same actions, nonactions, or circumstances wherein the
1912	commission found no probable cause.
1913	(h)(b)  If probable cause is found, the commission shall so
1914	notify the complainant and the alleged violator in writing. All
1915	documents made or received in the disposition of the complaint
1916	shall become public records upon a finding by the commission.
1917	(i)1.  Upon a commission finding of probable cause, the
1918	counsel for the commission shall attempt to reach a consent
1919	agreement with the respondent.
1920	2.  A consent agreement is not binding upon either party
1921	unless and until it is signed by the respondent and by counsel
1922	for the commission upon approval by the commission.
1923	3.  Nothing herein shall be construed to prevent the
1924	commission from entering into a consent agreement with a
1925	respondent prior to a commission finding of probable cause if a
1926	respondent indicates in writing a desire to enter into
1927	negotiations directed towards reaching such a consent agreement.
1928	Any consent agreement reached under this subparagraph is subject
1929	to the provisions of subparagraph 2. and shall have the same
1930	force and effect as a consent agreement reached after the
1931	commission finding of probable cause.
1932	(j)  If a consent agreement is reached between the
1933	commission and the respondent, counsel for the commission shall
1934	send a copy of the signed agreement to both complainant and
1935	respondent.
1936
1937	In a case where probable cause is found, the commission shall
1938	make a preliminary determination to consider the matter or to
1939	refer the matter to the state attorney for the judicial circuit
1940	in which the alleged violation occurred. Notwithstanding any
1941	other provisions of this section, the commission may, at its
1942	discretion, dismiss any complaint at any stage of disposition if
1943	it determines that the public interest would not be served by
1944	proceeding further, in which case the commission shall issue a
1945	public report stating with particularity its reasons for the
1946	dismissal.
1947	(5)  Unless When there are disputed issues of material fact
1948	in a proceeding conducted under ss. 120.569 and 120.57, a person
1949	alleged by the Elections Commission to have committed a
1950	violation of this chapter or chapter 104 elects may elect,
1951	within 30 days after the date of the filing of the commission's
1952	allegations, to have a formal or informal hearing conducted
1953	before the commission, or elects to resolve the complaint by
1954	consent order, such person shall be entitled to a formal
1955	administrative hearing conducted by an administrative law judge
1956	in the Division of Administrative Hearings. The administrative
1957	law judge in such proceedings shall enter a final order subject
1958	to appeal as provided in s. 120.68.
1959	(6)  It is the duty of a state attorney receiving a
1960	complaint referred by the commission to investigate the
1961	complaint promptly and thoroughly; to undertake such criminal or
1962	civil actions as are justified by law; and to report to the
1963	commission the results of such investigation, the action taken,
1964	and the disposition thereof.  The failure or refusal of a state
1965	attorney to prosecute or to initiate action upon a complaint or
1966	a referral by the commission shall not bar further action by the
1967	commission under this chapter.
1968	(7)  Every sworn complaint filed pursuant to this chapter
1969	with the commission, every investigation and investigative
1970	report or other paper of the commission with respect to a
1971	violation of this chapter or chapter 104, and every proceeding
1972	of the commission with respect to a violation of this chapter or
1973	chapter 104 is confidential, is exempt from the provisions of
1974	ss. 119.07(1) and 286.011, and is exempt from publication in the
1975	Florida Administrative Weekly of any notice or agenda with
1976	respect to any proceeding relating to such violation, except
1977	under the following circumstances:
1978	(a)  As provided in subsection (6);
1979	(b)  Upon a determination of probable cause or no probable
1980	cause by the commission; or
1981	(c)  For proceedings conducted with respect to appeals of
1982	fines levied by filing officers for the late filing of reports
1983	required by this chapter.
1984
1985	However, a complainant is not bound by the confidentiality
1986	provisions of this section.  In addition, confidentiality may be
1987	waived in writing by the person against whom the complaint has
1988	been filed or the investigation has been initiated.  If a
1989	finding of probable cause in a case is entered within 30 days
1990	prior to the date of the election with respect to which the
1991	alleged violation occurred, such finding and the proceedings and
1992	records relating to such case shall not become public until noon
1993	of the day following such election.  When two or more persons
1994	are being investigated by the commission with respect to an
1995	alleged violation of this chapter or chapter 104, the commission
1996	may not publicly enter a finding of probable cause or no
1997	probable cause in the case until a finding of probable cause or
1998	no probable cause for the entire case has been determined.
1999	However, once the confidentiality of any case has been breached,
2000	the person or persons under investigation have the right to
2001	waive the confidentiality of the case, thereby opening up the
2002	proceedings and records to the public.  Any person who discloses
2003	any information or matter made confidential by the provisions of
2004	this subsection commits a misdemeanor of the first degree,
2005	punishable as provided in s. 775.082 or s. 775.083.
2006	(8)  Any person who files a complaint pursuant to this
2007	section while knowing that the allegations contained in such
2008	complaint are false or without merit commits a misdemeanor of
2009	the first degree, punishable as provided in s. 775.082 or s.
2010	775.083.
2011	(9)  The commission shall maintain a database of all final
2012	orders and agency actions. Such database shall be available to
2013	the public and shall be maintained in such a manner as to be
2014	searchable, at a minimum, by issue, statutes, individuals, or
2015	entities referenced.
2016	Section 49.  Subsection (4) of section 106.35, Florida
2017	Statutes, is amended to read:
2018	106.35  Distribution of funds.--
2019	(4)  Distribution of funds shall be made beginning on the
2020	32nd day prior to the primary within 7 days after the close of
2021	qualifying and every 7 days thereafter.
2022	Section 50.  Section 112.51, Florida Statutes, is amended
2023	to read:
2024	112.51  Municipal officers; suspension; removal from
2025	office.--
2026	(1)  By executive order stating the grounds for the
2027	suspension and filed with the Secretary of State, the Governor
2028	may suspend from office any elected or appointed municipal
2029	official for malfeasance, misfeasance, neglect of duty, habitual
2030	drunkenness, incompetence, or permanent inability to perform
2031	official duties.
2032	(2)  Whenever any elected or appointed municipal official
2033	is arrested for a felony or for a misdemeanor related to the
2034	duties of office or is indicted or informed against for the
2035	commission of a federal felony or misdemeanor or state felony or
2036	misdemeanor, the Governor has the power to suspend such
2037	municipal official from office.
2038	(3)  The suspension of such official by the Governor
2039	creates a temporary vacancy in such office during the
2040	suspension. Any temporary vacancy in office created by
2041	suspension of an official under the provisions of this section
2042	shall be filled by a temporary appointment to such office for
2043	the period of the suspension.  Such temporary appointment shall
2044	be made in the same manner and by the same authority by which a
2045	permanent vacancy in such office is filled as provided by law.
2046	If no provision for filling a permanent vacancy in such office
2047	is provided by law, the temporary appointment shall be made by
2048	the Governor.
2049	(4)  No municipal official who has been suspended from
2050	office under this section may perform any official act, duty, or
2051	function during his or her suspension; receive any pay or
2052	allowance during his or her suspension; or be entitled to any of
2053	the emoluments or privileges of his or her office during
2054	suspension.
2055	(5)  If the municipal official is convicted of any of the
2056	charges contained in the indictment or information by reason of
2057	which he or she was suspended under the provisions of this
2058	section, the Governor shall remove such municipal official from
2059	office. If a person was selected to fill the temporary vacancy
2060	pursuant to subsection (3), that person shall serve the
2061	remaining balance, if any, of the removed official's term of
2062	office. Otherwise, any vacancy created by the removal shall be
2063	filled as provided by law. For the purposes of this section, any
2064	person who pleads guilty or nolo contendere or who is found
2065	guilty shall be deemed to have been convicted, notwithstanding a
2066	suspension of sentence or a withholding of adjudication.
2067	(6)  If the municipal official is acquitted or found not
2068	guilty or is otherwise cleared of the charges which were the
2069	basis of the arrest, indictment, or information by reason of
2070	which he or she was suspended under the provisions of this
2071	section, then the Governor shall forthwith revoke the suspension
2072	and restore such municipal official to office; and the official
2073	shall be entitled to and be paid full back pay and such other
2074	emoluments or allowances to which he or she would have been
2075	entitled for the full period of time of the suspension.  If,
2076	during the suspension, the term of office of the municipal
2077	official expires and a successor is either appointed or elected,
2078	such back pay, emoluments, or allowances shall only be paid for
2079	the duration of the term of office during which the municipal
2080	official was suspended under the provisions of this section, and
2081	he or she shall not be reinstated.
2082	Section 51.  Section 106.37, Florida Statutes, is repealed.
2083	Section 52.  Subsections (2) and (3) of section 189.405,
2084	Florida Statutes, are amended to read:
2085	189.405  Elections; general requirements and procedures;
2086	education programs.--
2087	(2)(a)  Any independent special district located entirely
2088	in a single county may provide for the conduct of district
2089	elections by the supervisor of elections for that county.  Any
2090	independent special district that conducts its elections through
2091	the office of the supervisor shall make election procedures
2092	consistent with the Florida Election Code.
2093	(b)  Any independent special district not conducting
2094	district elections through the supervisor of elections shall
2095	report to the supervisor in a timely manner the purpose, date,
2096	authorization, procedures, and results of each election
2097	conducted by the district.
2098	(c)  A candidate for a position on a governing board of a
2099	single-county special district that has its elections conducted
2100	by the supervisor of elections shall qualify for the office with
2101	the county supervisor of elections in whose jurisdiction the
2102	district is located. Elections for governing board members
2103	elected by registered electors shall be nonpartisan, except when
2104	partisan elections are specified by a district's charter.
2105	Candidates shall qualify as directed by chapter 99. by paying a
2106	filing fee equal to 3 percent of the salary or honorarium paid
2107	for the office, or a filing fee of $25, whichever is more.
2108	Alternatively, candidates may qualify by submitting a petition
2109	that contains the signatures of at least 3 percent of the
2110	district's registered electors, or any lesser amount of
2111	signatures directed by chapter 99, chapter 582, or other general
2112	or special law.  No election or party assessment shall be levied
2113	if the election is nonpartisan. The qualifying fee shall be
2114	remitted to the general revenue fund of the qualifying officer
2115	to help defray the cost of the election. The petition form shall
2116	be submitted and checked in the same manner as those for
2117	nonpartisan judicial candidates pursuant to s. 105.035.
2118	(3)(a)  If a multicounty special district has a popularly
2119	elected governing board, elections for the purpose of electing
2120	members to such board shall conform to the Florida Election
2121	Code, chapters 97-106.
2122	(b)  With the exception of those districts conducting
2123	elections on a one-acre/one-vote basis, qualifying for
2124	multicounty special district governing board positions shall be
2125	coordinated by the Department of State.  Elections for governing
2126	board members elected by registered electors shall be
2127	nonpartisan, except when partisan elections are specified by a
2128	district's charter. Candidates shall qualify as directed by
2129	chapter 99. by paying a filing fee equal to 3 percent of the
2130	salary or honorarium paid for the office, or a filing fee of
2131	$25, whichever is more. Alternatively, candidates may qualify by
2132	submitting a petition that contains the signatures of at least 3
2133	percent of the district's registered electors, or any lesser
2134	amount of signatures directed by chapter 99, chapter 582, or
2135	other general or special law.  No election or party assessment
2136	shall be levied if the election is nonpartisan. The qualifying
2137	fee shall be remitted to the Department of State. The petition
2138	form shall be submitted and checked in the same manner as those
2139	for nonpartisan judicial candidates pursuant to s. 105.035.
2140	Section 53.  Paragraph (a) of subsection (1) of section
2141	191.005, Florida Statutes, is amended to read:
2142	191.005  District boards of commissioners; membership,
2143	officers, meetings.--
2144	(1)(a)  With the exception of districts whose governing
2145	boards are appointed collectively by the Governor, the county
2146	commission, and any cooperating city within the county, the
2147	business affairs of each district shall be conducted and
2148	administered by a five-member board. All three-member boards
2149	existing on the effective date of this act shall be converted to
2150	five-member boards, except those permitted to continue as a
2151	three-member board by special act adopted in 1997 or thereafter.
2152	The board shall be elected in nonpartisan elections by the
2153	electors of the district.  Except as provided in this act, such
2154	elections shall be held at the time and in the manner prescribed
2155	by law for holding general elections in accordance with s.
2156	189.405(2)(a) and (3), and each member shall be elected for a
2157	term of 4 years and serve until the member's successor assumes
2158	office. Candidates for the board of a district shall qualify as
2159	directed by chapter 99. with the county supervisor of elections
2160	in whose jurisdiction the district is located.  If the district
2161	is a multicounty district, candidates shall qualify with the
2162	Department of State.  All candidates may qualify by paying a
2163	filing fee of $25 or by obtaining the signatures of at least 25
2164	registered electors of the district on petition forms provided
2165	by the supervisor of elections which petitions shall be
2166	submitted and checked in the same manner as petitions filed by
2167	nonpartisan judicial candidates pursuant to s. 105.035.
2168	Notwithstanding s. 106.021, a candidate who does not collect
2169	contributions and whose only expense is the filing fee is not
2170	required to appoint a campaign treasurer or designate a primary
2171	campaign depository.
2172	Section 54.  Paragraph (a) of subsection (1) of section
2173	582.18, Florida Statutes, is amended to read:
2174	582.18  Election of supervisors of each district.--
2175	(1)  The election of supervisors for each soil and water
2176	conservation district shall be held every 2 years.  The
2177	elections shall be held at the time of the general election
2178	provided for by s. 100.041.  The office of the supervisor of a
2179	soil and water conservation district is a nonpartisan office,
2180	and candidates for such office are prohibited from campaigning
2181	or qualifying for election based on party affiliation.
2182	(a)  Each candidate for supervisor for such district shall
2183	qualify as directed by chapter 99. be nominated by nominating
2184	petition subscribed by 25 or more qualified electors of such
2185	district.  Candidates shall obtain signatures on petition forms
2186	prescribed by the Department of State and furnished by the
2187	appropriate qualifying officer.  In multicounty districts, the
2188	appropriate qualifying officer is the Secretary of State; in
2189	single-county districts, the appropriate qualifying officer is
2190	the supervisor of elections.  Such forms may be obtained at any
2191	time after the first Tuesday after the first Monday in January
2192	preceding the election, but prior to the 21st day preceding the
2193	first day of the qualifying period for state office. Each
2194	petition shall be submitted, prior to noon of the 21st day
2195	preceding the first day of the qualifying period for state
2196	office, to the supervisor of elections of the county for which
2197	such petition was circulated.  The supervisor of elections shall
2198	check the signatures on the petition to verify their status as
2199	electors in the district. Prior to the first date for
2200	qualifying, the supervisor of elections shall determine whether
2201	the required single-county signatures have been obtained; and
2202	she or he shall so notify the candidate.  In the case of a
2203	multicounty candidate, the supervisor of elections shall check
2204	the signatures on petitions and shall, prior to the first date
2205	for qualifying for office, certify to the Department of State
2206	the number shown as registered electors of the district. The
2207	Department of State shall determine if the required number of
2208	signatures has been obtained for multicounty candidates and
2209	shall so notify the candidate.  If the required number of
2210	signatures has been obtained for the name of the candidate to be
2211	placed on the ballot, the candidate shall, during the time
2212	prescribed for qualifying for office in s. 99.061, submit a copy
2213	of the notice to, and file her or his qualification papers with,
2214	the qualifying officer and take the oath prescribed in s.
2215	99.021.
2216	Section 55.  Subsection (1) of section 876.05, Florida
2217	Statutes, is amended to read:
2218	876.05  Public employees; oath.--
2219	(1)  All persons who now or hereafter are employed by or
2220	who now or hereafter are on the payroll of the state, or any of
2221	its departments and agencies, subdivisions, counties, cities,
2222	school boards and districts of the free public school system of
2223	the state or counties, or institutions of higher learning, and
2224	all candidates for public office, except candidates for federal
2225	office, are required to take an oath before any person duly
2226	authorized to take acknowledgments of instruments for public
2227	record in the state in the following form:
2228	I, ...., a citizen of the State of Florida and of the
2229	United States of America, and being employed by or an officer of
2230	....and a recipient of public funds as such employee or
2231	officer, do hereby solemnly swear or affirm that I will support
2232	the Constitution of the United States and of the State of
2233	Florida.
2234	Section 56.  At the time of qualification, all write-in
2235	candidates must reside within the district represented by the
2236	office sought.
2237	Section 57.  Except as otherwise expressly provided in this
2238	act and except for this section, which shall take effect upon
2239	becoming a law, this act shall take effect January 1, 2008.

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