1 | A bill to be entitled |
2 | An act relating to elections; amending s. 99.012, F.S.; |
3 | requiring the name of any person who does not comply with |
4 | certain candidate qualifying requirements to be removed |
5 | from the ballot; amending s. 99.061, F.S.; revising the |
6 | deadline by which persons seeking election to certain |
7 | offices must qualify; adding a requirement for |
8 | qualification as a candidate for office relating to |
9 | residency; providing for challenges to qualifications; |
10 | amending s. 106.021, F.S.; providing a penalty for |
11 | violating a provision relating to campaign contributions |
12 | or expenditures through campaign treasurers; providing an |
13 | effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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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 |
20 | office.-- |
21 | (3)(a) An No officer may not qualify as a candidate for |
22 | another public office, whether state, district, county, or |
23 | municipal, if the terms or any part thereof run concurrently |
24 | with each other, without resigning from the office he or she |
25 | presently holds. |
26 | (6) The name of any person who does not comply with this |
27 | section shall may be removed from every ballot on which it |
28 | appears when ordered by a circuit court upon the petition of an |
29 | elector or the Department of State. |
30 | Section 2. Subsection (1) of section 99.061, Florida |
31 | Statutes, is amended, present subsection (10) is renumbered as |
32 | subsection (14), and new subsections (10), (11), (12), and (13) |
33 | are added to said section, to read: |
34 | 99.061 Method of qualifying for nomination or election to |
35 | federal, state, county, or district office.-- |
36 | (1) The provisions of any special act to the contrary |
37 | notwithstanding, each person seeking to qualify for nomination |
38 | or election to a federal, state, or multicounty district office, |
39 | other than election to a judicial office as defined in chapter |
40 | 105 or the office of school board member, shall file his or her |
41 | qualification papers with, and pay the qualifying fee, which |
42 | shall consist of the filing fee and election assessment, and |
43 | party assessment, if any has been levied, to, the Department of |
44 | State, or qualify by the petition process pursuant to s. 99.095 |
45 | with the Department of State, at any time after noon of the 1st |
46 | day for qualifying, which shall be as follows: the 120th day |
47 | prior to the primary election, but not later than noon of the |
48 | 116th day prior to the date of the primary election, for persons |
49 | seeking to qualify for nomination or election to federal office, |
50 | or to the office of the state attorney or the public defender, |
51 | or; and noon of the 50th day prior to the primary election, but |
52 | not later than noon of the 46th day prior to the date of the |
53 | primary election, for persons seeking to qualify for nomination |
54 | or election to a state or multicounty district office, other |
55 | than the office of the state attorney or the public defender. |
56 | (10) Each candidate shall, at the time he or she |
57 | qualifies, be a resident of the area from which the candidate |
58 | seeks to represent if elected. |
59 | (11) Any challenge to qualifications shall be filed with |
60 | the Department of State no later than 10 days after a candidate |
61 | files qualification papers. |
62 | (12) The filing of qualification papers shall constitute |
63 | the appointment of the Department of State as an agent of the |
64 | candidate for service of process in any action or proceeding |
65 | against the candidate related to the candidate's qualifications. |
66 | (13) A court hearing on any challenge to qualifications |
67 | shall be set within 15 days after service of process on either |
68 | the candidate or the Department of State is perfected. |
69 | Section 3. Subsection (3) of section 106.021, Florida |
70 | Statutes, is amended to read: |
71 | 106.021 Campaign treasurers; deputies; primary and |
72 | secondary depositories.-- |
73 | (3) No contribution or expenditure, including |
74 | contributions or expenditures of a candidate or of the |
75 | candidate's family, shall be directly or indirectly made or |
76 | received in furtherance of the candidacy of any person for |
77 | nomination or election to political office in the state or on |
78 | behalf of any political committee except through the duly |
79 | appointed campaign treasurer of the candidate or political |
80 | committee, subject to the following exceptions: |
81 | (a) Independent expenditures; |
82 | (b) Reimbursements to a candidate or any other individual |
83 | for expenses incurred in connection with the campaign or |
84 | activities of the political committee by a check drawn upon the |
85 | campaign account and reported pursuant to s. 106.07(4). After |
86 | July 1, 2004, the full name and address of each person to whom |
87 | the candidate or other individual made payment for which |
88 | reimbursement was made by check drawn upon the campaign account |
89 | shall be reported pursuant to s. 106.07(4), together with the |
90 | purpose of such payment; |
91 | (c) Expenditures made indirectly through a treasurer for |
92 | goods or services, such as communications media placement or |
93 | procurement services, campaign signs, insurance, or other |
94 | expenditures that include multiple integral components as part |
95 | of the expenditure and reported pursuant to s. 106.07(4)(a)13.; |
96 | or |
97 | (d) Expenditures made directly by any political committee |
98 | or political party regulated by chapter 103 for obtaining time, |
99 | space, or services in or by any communications medium for the |
100 | purpose of jointly endorsing three or more candidates, and any |
101 | such expenditure shall not be considered a contribution or |
102 | expenditure to or on behalf of any such candidates for the |
103 | purposes of this chapter. |
104 |
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105 | Any person or candidate who accepts a contribution or makes an |
106 | expenditure in violation of this subsection is automatically |
107 | disqualified from the office sought and commits a misdemeanor of |
108 | the second degree, punishable as provided in s. 775.082 or s. |
109 | 775.083. |
110 | Section 4. This act shall take effect July 1, 2007. |