HB 885

1
A bill to be entitled
2An act relating to elections; amending s. 99.012, F.S.;
3requiring the name of any person who does not comply with
4certain candidate qualifying requirements to be removed
5from the ballot; amending s. 99.061, F.S.; revising the
6deadline by which persons seeking election to certain
7offices must qualify; adding a requirement for
8qualification as a candidate for office relating to
9residency; providing for challenges to qualifications;
10amending s. 106.021, F.S.; providing a penalty for
11violating a provision relating to campaign contributions
12or expenditures through campaign treasurers; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (a) of subsection (3) and subsection
18(6) of section 99.012, Florida Statutes, are amended to read:
19     99.012  Restrictions on individuals qualifying for public
20office.--
21     (3)(a)  An No officer may not qualify as a candidate for
22another public office, whether state, district, county, or
23municipal, if the terms or any part thereof run concurrently
24with each other, without resigning from the office he or she
25presently holds.
26     (6)  The name of any person who does not comply with this
27section shall may be removed from every ballot on which it
28appears when ordered by a circuit court upon the petition of an
29elector or the Department of State.
30     Section 2.  Subsection (1) of section 99.061, Florida
31Statutes, is amended, present subsection (10) is renumbered as
32subsection (14), and new subsections (10), (11), (12), and (13)
33are added to said section, to read:
34     99.061  Method of qualifying for nomination or election to
35federal, state, county, or district office.--
36     (1)  The provisions of any special act to the contrary
37notwithstanding, each person seeking to qualify for nomination
38or election to a federal, state, or multicounty district office,
39other than election to a judicial office as defined in chapter
40105 or the office of school board member, shall file his or her
41qualification papers with, and pay the qualifying fee, which
42shall consist of the filing fee and election assessment, and
43party assessment, if any has been levied, to, the Department of
44State, or qualify by the petition process pursuant to s. 99.095
45with the Department of State, at any time after noon of the 1st
46day for qualifying, which shall be as follows: the 120th day
47prior to the primary election, but not later than noon of the
48116th day prior to the date of the primary election, for persons
49seeking to qualify for nomination or election to federal office,
50or to the office of the state attorney or the public defender,
51or; and noon of the 50th day prior to the primary election, but
52not later than noon of the 46th day prior to the date of the
53primary election, for persons seeking to qualify for nomination
54or election to a state or multicounty district office, other
55than the office of the state attorney or the public defender.
56     (10)  Each candidate shall, at the time he or she
57qualifies, be a resident of the area from which the candidate
58seeks to represent if elected.
59     (11)  Any challenge to qualifications shall be filed with
60the Department of State no later than 10 days after a candidate
61files qualification papers.
62     (12)  The filing of qualification papers shall constitute
63the appointment of the Department of State as an agent of the
64candidate for service of process in any action or proceeding
65against the candidate related to the candidate's qualifications.
66     (13)  A court hearing on any challenge to qualifications
67shall be set within 15 days after service of process on either
68the candidate or the Department of State is perfected.
69     Section 3.  Subsection (3) of section 106.021, Florida
70Statutes, is amended to read:
71     106.021  Campaign treasurers; deputies; primary and
72secondary depositories.--
73     (3)  No contribution or expenditure, including
74contributions or expenditures of a candidate or of the
75candidate's family, shall be directly or indirectly made or
76received in furtherance of the candidacy of any person for
77nomination or election to political office in the state or on
78behalf of any political committee except through the duly
79appointed campaign treasurer of the candidate or political
80committee, subject to the following exceptions:
81     (a)  Independent expenditures;
82     (b)  Reimbursements to a candidate or any other individual
83for expenses incurred in connection with the campaign or
84activities of the political committee by a check drawn upon the
85campaign account and reported pursuant to s. 106.07(4). After
86July 1, 2004, the full name and address of each person to whom
87the candidate or other individual made payment for which
88reimbursement was made by check drawn upon the campaign account
89shall be reported pursuant to s. 106.07(4), together with the
90purpose of such payment;
91     (c)  Expenditures made indirectly through a treasurer for
92goods or services, such as communications media placement or
93procurement services, campaign signs, insurance, or other
94expenditures that include multiple integral components as part
95of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
96or
97     (d)  Expenditures made directly by any political committee
98or political party regulated by chapter 103 for obtaining time,
99space, or services in or by any communications medium for the
100purpose of jointly endorsing three or more candidates, and any
101such expenditure shall not be considered a contribution or
102expenditure to or on behalf of any such candidates for the
103purposes of this chapter.
104
105Any person or candidate who accepts a contribution or makes an
106expenditure in violation of this subsection is automatically
107disqualified from the office sought and commits a misdemeanor of
108the second degree, punishable as provided in s. 775.082 or s.
109775.083.
110     Section 4.  This act shall take effect July 1, 2007.


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