CS/HB 1201

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	revising provisions relating to the investigative duties
4	of the Secretary of State; amending s. 97.041, F.S.;
5	revising requirements for voter preregistration of minors;
6	amending s. 97.053, F.S.; revising provisions relating to
7	verification of certain information on voter registration
8	applications; amending s. 97.0535, F.S.; revising forms of
9	acceptable identification for certain voter registration
10	applicants; amending s. 97.055, F.S.; providing for change
11	of party affiliation after the closing of the registration
12	books to apply to an upcoming election under certain
13	circumstances; amending s. 98.065, F.S.; revising
14	registration list maintenance provisions; creating s.
15	98.0655, F.S.; requiring the Department of State to
16	prescribe registration list maintenance forms; providing
17	criteria for such forms; amending s. 98.075, F.S.;
18	providing for the removal of the name of a deceased person
19	from the statewide voter registration system upon receipt
20	by the supervisor of a copy of a death certificate;
21	amending s. 98.0981, F.S.; reducing the time by which
22	supervisors of elections must electronically transmit
23	certain voter history information to the department;
24	requiring the department to prepare a detailed report
25	containing specified voter information to legislative
26	officers after a general election; requiring supervisors
27	of elections to collect and submit data to the department
28	after certain elections; defining the term "all ballots
29	cast"; requiring the department to compile precinct-level
30	statistical data for counties before certain elections;
31	amending s. 99.012, F.S.; providing restrictions on
32	individuals qualifying for public office; removing an
33	exception from such restrictions for persons seeking any
34	federal public office; amending s. 99.021, F.S.; deleting
35	a resignation statement from the qualifying oath for
36	candidates for federal office; amending s. 99.063, F.S.;
37	revising the deadline for gubernatorial candidates to
38	designate running mates; revising the deadline for
39	Lieutenant Governor candidates to file certain information
40	with the Department of State; amending s. 99.097, F.S.;
41	prohibiting the supervisor from counting a petition if a
42	voter signs the petition and lists an address other than
43	the legal residence where the voter is registered;
44	requiring the mailing of a new voter registration
45	application for an address update in certain
46	circumstances; amending s. 100.221, F.S.; providing
47	circumstances under which early voting is not required;
48	amending s. 100.361, F.S.; revising provisions relating to
49	the recall of municipal or charter county officers, recall
50	committees, recall petitions, recall defense, and offenses
51	related thereto; amending s. 100.371, F.S.; providing that
52	a petition form circulated for signatures may not be
53	bundled with other petitions; deleting requirements
54	relating to the recording and determination of signature
55	forms; providing that an elector may complete and submit a
56	standard petition-revocation form directly to the
57	supervisor of elections under certain circumstances;
58	requiring that the division adopt petition-revocation
59	forms by rule; amending s. 101.041, F.S.; deleting a
60	requirement for the printing and distribution of official
61	ballots; amending s. 101.045, F.S.; authorizing the use of
62	a voter registration application for a name or address
63	change; amending s. 101.111, F.S.; revising methods by
64	which a person's right to vote may be challenged; amending
65	s. 101.23, F.S.; deleting provisions requiring an election
66	inspector to prevent certain persons from voting; amending
67	s. 101.51, F.S.; deleting provisions specifying certain
68	responsibilities of election officials before allowing
69	electors to enter a booth or compartment to vote; amending
70	s. 101.5608, F.S.; revising certain procedures relating to
71	the deposit of ballots; amending s. 101.5614, F.S.;
72	conforming a cross-reference; amending s. 101.6923, F.S.;
73	revising forms of acceptable identification for certain
74	absentee voters; amending s. 101.75, F.S.; permitting a
75	municipality to change by ordinance the date of a
76	municipal election to the date of any statewide or
77	countywide election; amending s. 102.014, F.S.; revising
78	provisions relating to the training of poll workers;
79	amending s. 102.031, F.S.; including the term
80	"solicitation" as an equivalent of the term "solicit" as
81	it relates to the unlawful solicitation of voters;
82	providing that such terms do not prohibit exit polling;
83	amending s. 102.112, F.S.; revising the county canvassing
84	board's certification requirements and filing deadlines
85	for election returns; amending s. 102.141, F.S.; revising
86	the county canvassing board's procedures and duties
87	regarding recounts; amending s. 102.166, F.S.; authorizing
88	candidates and political committees to request manual
89	recounts by a specified time under certain conditions;
90	deleting certain provisions relating to recount of
91	overvotes, undervotes, and provisional ballots; providing
92	circumstances under which canvassing boards are not
93	required to conduct manual audits; requiring canvassing
94	boards to track ballots under certain circumstances;
95	providing criteria for determining when ballots are not
96	properly marked; providing for canvassing boards to
97	include certain information for statutory reports;
98	amending s. 103.101, F.S.; deleting provisions related to
99	the placement on the ballot of presidential candidates
100	whose names do not appear on the list submitted to the
101	Secretary of State; amending s. 190.006, F.S.; deleting
102	certain fee and assessment provisions for candidates
103	seeking election to the board of supervisors of community
104	redevelopment districts; amending s. 105.041, F.S.;
105	providing procedure for determining ballot position of
106	candidates for the office of circuit judge; amending s.
107	106.07, F.S.; providing that governing bodies of political
108	subdivisions may impose certain electronic filing
109	requirements; providing that the expenditure of public
110	funds for such requirements is a valid public purpose;
111	permitting the receipt of additional electronic filing
112	systems for determining when reports are received;
113	repealing s. 101.573, F.S., relating to the reporting of
114	precinct-level election results; repealing s. 106.082,
115	F.S., relating to campaign contribution limitations for
116	Commissioner of Agriculture candidates; providing
117	effective dates.
118
119	Be It Enacted by the Legislature of the State of Florida:
120
121	Section 1.  Subsection (15) of section 97.012, Florida
122	Statutes, is amended to read:
123	97.012  Secretary of State as chief election officer.--The
124	Secretary of State is the chief election officer of the state,
125	and it is his or her responsibility to:
126	(15)  Conduct preliminary investigations into any
127	irregularities or fraud involving voter registration, voting, or
128	candidate petition, or issue petition activities and report his
129	or her findings to the statewide prosecutor or the state
130	attorney for the judicial circuit in which the alleged violation
131	occurred for prosecution, if warranted. The Department of State
132	may prescribe by rule requirements for filing an elections-fraud
133	complaint and for investigating any such complaint.
134	Section 2.  Paragraph (b) of subsection (1) of section
135	97.041, Florida Statutes, is amended to read:
136	97.041  Qualifications to register or vote.--
137	(1)
138	(b)  A person who is otherwise qualified may preregister on
139	or after that person's 16th 17th birthday or receipt of a valid
140	Florida driver's license, whichever occurs earlier, and may vote
141	in any election occurring on or after that person's 18th
142	birthday.
143	Section 3.  Effective upon this act becoming a law,
144	subsection (6) of section 97.053, Florida Statutes, is amended
145	to read:
146	97.053  Acceptance of voter registration applications.--
147	(6)  A voter registration application may be accepted as
148	valid only after the department has verified the authenticity or
149	nonexistence of the driver's license number, the Florida
150	identification card number, or the last four digits of the
151	social security number provided by the applicant. If a completed
152	voter registration application has been received by the book-
153	closing deadline but the driver's license number, the Florida
154	identification card number, or the last four digits of the
155	social security number provided by the applicant cannot be
156	verified, the applicant shall be notified that the number cannot
157	be verified application is incomplete and that the applicant
158	voter must provide evidence to the supervisor sufficient to
159	verify the authenticity of the applicant's driver's license
160	number, Florida identification card number, or last four digits
161	of the social security number provided on the application. If
162	the applicant voter provides the necessary evidence, the
163	supervisor shall place the applicant's voter's name on the
164	registration rolls as an active voter. If the applicant voter
165	has not provided the necessary evidence or the number has not
166	otherwise been verified prior to the applicant presenting
167	himself or herself to vote, the applicant shall be provided a
168	provisional ballot. The provisional ballot shall be counted only
169	if the number application is verified by the end of the
170	canvassing period or if the applicant presents evidence to the
171	supervisor of elections sufficient to verify the authenticity of
172	the applicant's driver's license number, Florida identification
173	card number, or last four digits of the social security number
174	provided on the application no later than 5 p.m. of the second
175	day following the election.
176	Section 4.  Paragraph (a) of subsection (3) of section
177	97.0535, Florida Statutes, is amended to read:
178	97.0535  Special requirements for certain applicants.--
179	(3)(a)  The following forms of identification shall be
180	considered current and valid if they contain the name and
181	photograph of the applicant and have not expired:
182	1.  United States passport.
183	2.  Employee badge or identification.
184	3.  Buyer's club identification.
185	2.4.  Debit or credit card.
186	3.5.  Military identification.
187	4.6.  Student identification.
188	5.7.  Retirement center identification.
189	6.8.  Neighborhood association identification.
190	7.9.  Public assistance identification.
191	Section 5.  Subsection (1) of section 97.055, Florida
192	Statutes, is amended to read:
193	97.055  Registration books; when closed for an election.--
194	(1)(a)  The registration books must be closed on the 29th
195	day before each election and must remain closed until after that
196	election. If an election is called and there are fewer than 29
197	days before that election, the registration books must be closed
198	immediately.
199	(b)  Except as provided in paragraph (c), when the
200	registration books are closed for an election, updates to a
201	voter's name, address, and signature pursuant to ss. 98.077 and
202	101.045 shall be the only changes permitted for purposes of the
203	upcoming election. New voter registration applications and party
204	changes must be accepted but only for the purpose of subsequent
205	elections.
206	(c)  When the registration books are closed for an upcoming
207	election, an update or change to a voter's party affiliation
208	made pursuant to s. 97.1031 shall be permitted for that upcoming
209	election unless such election is for the purpose of nominating a
210	political party nominee, in which case the update or change
211	shall be permitted only for the purpose of subsequent elections.
212	Section 6.  Subsection (4) of section 98.065, Florida
213	Statutes, is amended to read:
214	98.065  Registration list maintenance programs.--
215	(4)(a)  If the supervisor receives change-of-address
216	information pursuant to the activities conducted in subsection
217	(2), from jury notices signed by the voter and returned to the
218	courts, from the Department of Highway Safety and Motor
219	Vehicles, or from other sources, which information indicates
220	that the legal address of a registered voter's legal residence
221	voter might have changed to another location within the state,
222	the supervisor must change the registration records to reflect
223	the new address and must shall send the voter by forwardable
224	return-if-undeliverable mail an address change confirmation
225	notice as provided in s. 98.0655(2) to the address at which the
226	voter was last registered. A supervisor may also send an address
227	confirmation notice to any voter who the supervisor has reason
228	to believe has moved from his or her legal residence.
229	(b)  If the supervisor of elections receives change-of-
230	address information pursuant to the activities conducted in
231	subsection (2), from jury notices signed by the voter and
232	returned to the courts, or from other sources which indicates
233	that a registered voter's legal residence might have changed to
234	a location outside the state, the supervisor of elections shall
235	send an address confirmation final notice to the voter as
236	provided in s. 98.0655(3). The address confirmation notice shall
237	contain a postage prepaid, preaddressed return form on which:
238	1.  If the voter has changed his or her address of legal
239	residence to a location outside the state, the voter shall mark
240	that the voter's legal residence has changed to a location
241	outside the state. The form shall also include information on
242	how to register in the new state in order to be eligible to
243	vote. The form must be returned within 30 days after the date of
244	the notice. The completed form shall constitute a request to be
245	removed from the statewide voter registration system.
246	2.  If the voter has changed his or her address of legal
247	residence to a location inside the state, the voter shall set
248	forth the updated or corrected address and submit the return
249	form within 30 days after the date of the notice. The completed
250	form shall constitute a request to update the statewide voter
251	registration system with the updated or corrected address
252	information.
253	3.  If the voter has not changed his or her address of
254	legal residence as printed on the address confirmation notice,
255	the voter shall confirm that his or her address of legal
256	residence has not changed and submit the form within 30 days
257	after the date of the notice.
258	(c)  The supervisor must designate as inactive all voters
259	who have been sent an address confirmation final notice and who
260	have not returned the postage prepaid, preaddressed return form
261	within 30 days or for which the final an address confirmation
262	notice has been returned as undeliverable. Names on the inactive
263	list may not be used to calculate the number of signatures
264	needed on any petition. A voter on the inactive list may be
265	restored to the active list of voters upon the voter updating
266	his or her registration, requesting an absentee ballot, or
267	appearing to vote. However, if the voter does not update his or
268	her voter registration information, request an absentee ballot,
269	or vote by the second general election after being placed on the
270	inactive list, the voter's name shall be removed from the
271	statewide voter registration system and the voter shall be
272	required to reregister to have his or her name restored to the
273	statewide voter registration system.
274	Section 7.  Section 98.0655, Florida Statutes, is created
275	to read:
276	98.0655  Registration list maintenance forms.--The
277	department shall prescribe registration list maintenance forms
278	to be used by the supervisors which must include:
279	(1)  An address confirmation request that must contain:
280	(a)  The voter's name and address of legal residence as
281	shown on the voter registration record; and
282	(b)  A request that the voter notify the supervisor if
283	either the voter's name or address of legal residence is
284	incorrect.
285	(2)  An address change notice that must be sent to the
286	newly recorded address of legal residence by forwardable mail,
287	including a postage prepaid, preaddressed return form with which
288	the voter may verify or correct the voter's new address
289	information.
290	(3)  An address confirmation final notice that must be sent
291	to the newly recorded address of legal residence by forwardable
292	mail and must contain a postage prepaid, preaddressed return
293	form and a statement that:
294	(a)  If the voter has not changed his or her legal
295	residence or has changed his or her legal residence within the
296	state, the voter should return the form within 30 days after the
297	date on which the notice was sent to the voter.
298	(b)  If the voter has changed his or her legal residence to
299	a location outside the state:
300	1.  The voter shall return the form, which serves as a
301	request to be removed from the registration books; and
302	2.  The voter shall be provided with information on how to
303	register in the new jurisdiction in order to be eligible to
304	vote.
305	(c)  If the return form is not returned, the voter's name
306	shall be designated as inactive in the statewide voter
307	registration system.
308	Section 8.  Effective July 1, 2008, subsection (3) of
309	section 98.075, Florida Statutes, is amended to read:
310	98.075  Registration records maintenance activities;
311	ineligibility determinations.--
312	(3)  DECEASED PERSONS.--The department shall identify those
313	registered voters who are deceased by comparing information on
314	the lists of deceased persons received from the Department of
315	Health as provided in s. 98.093. Upon receipt of such
316	information through the statewide voter registration system, the
317	supervisor shall remove the name of the registered voter.
318	Additionally, the supervisor shall remove the name of a deceased
319	registered voter from the statewide voter registration system
320	upon receipt of a copy of a death certificate issued by a
321	governmental agency authorized to issue death certificates.
322	Section 9.  Effective July 1, 2008, section 98.0981,
323	Florida Statutes, is amended to read:
324	98.0981  Reports; voting history; statewide voter
325	registration system information; precinct-level election
326	results; book-closing statistics database.--
327	(1)  VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
328	INFORMATION.--
329	(a)  Within 45 75 days after a general election, or within
330	15 days after all supervisors of elections shall transmit to the
331	department, in a uniform electronic format specified by the
332	department, completely have updated voting voter history
333	information for each qualified voter who voted., whichever
334	occurs later,
335	(b)  After receipt of the information in paragraph (a), the
336	department shall prepare send to the President of the Senate,
337	the Speaker of the House of Representatives, the Senate Minority
338	Leader, and the House Minority Leader a report in electronic
339	format that contains the following information, separately
340	compiled for the primary and general election for all voters
341	qualified to vote in either election: of all voters qualified to
342	vote in the election or primary. The report shall include for
343	each voter
344	1.  The unique identifier assigned to each qualified voter
345	within the statewide voter registration system the code used by
346	the department to uniquely identify the voter;
347	2.  All information provided by each qualified voter on his
348	or her in the uniform statewide voter registration application
349	pursuant to s. 97.052(2), except that which is what is
350	specifically identified as confidential or exempt from public
351	records requirements;
352	3.  Each qualified voter's The date of registration;
353	4.  Each qualified voter's current state the representative
354	district, state senatorial district, and congressional district,
355	assigned by the supervisor of elections;
356	5.  Each qualified voter's current and precinct in which
357	the voter resides; and
358	6.  Voting history as transmitted under paragraph (a) to
359	include whether the qualified voter voted at a the precinct
360	location, voted during the early voting period by early vote,
361	voted by absentee ballot, attempted to vote by absentee ballot
362	that was not counted, attempted to vote by provisional ballot
363	that was not counted, or did not vote.
364	(c)  Within 60 days after a general election, the
365	department shall send to the President of the Senate, the
366	Speaker of the House of Representatives, the Senate Minority
367	Leader, and the House Minority leader a report in electronic
368	format that includes all information set forth in paragraph (b).
369	(2)  PRECINCT-LEVEL ELECTION RESULTS.--Within 45 days after
370	the date of a presidential preference primary election, a
371	special election, or a general election, the supervisors of
372	elections shall collect and submit to the department precinct-
373	level election results for the election in a uniform electronic
374	format specified by the department. The precinct-level election
375	results shall be compiled separately for the primary or special
376	primary election that preceded the general or special general
377	election, respectively. The results shall specifically include
378	for each precinct the aggregate total of all ballots cast for
379	each candidate or nominee to fill a national, state, county, or
380	district office or proposed constitutional amendment. "All
381	ballots cast" means ballots cast by voters who cast a ballot
382	whether at a precinct location, by absentee ballot including
383	overseas absentee ballots, during the early voting period, or by
384	provisional ballot.
385	(3)  PRECINCT-LEVEL BOOK-CLOSING STATISTICS.--After the
386	date of book closing but before the date of an election as
387	defined in s. 97.021(10) to fill a national, state, county, or
388	district office, or to vote on a proposed constitutional
389	amendment, the department shall compile the following precinct-
390	level statistical data for each county:
391	(a)  Precinct numbers.
392	(b)  Total number of active registered voters by party for
393	each precinct.
394	(4)  REPORTS PUBLICLY AVAILABLE.--The department shall also
395	make publicly available the reports and results required in
396	subsections (1)-(3).
397	(5)  RULEMAKING.--The department shall adopt rules and
398	prescribe forms to carry out the purposes of this section.
399	Section 10.  Subsection (2), paragraph (a) of subsection
400	(3), and subsections (6) and (7) of section 99.012, Florida
401	Statutes, are amended to read:
402	99.012  Restrictions on individuals qualifying for public
403	office.--
404	(2)  No person may qualify as a candidate for more than one
405	public office, whether federal, state, district, county, or
406	municipal, if the terms or any part thereof run concurrently
407	with each other.
408	(3)(a)  No officer may qualify as a candidate for another
409	public office, whether state, district, county, or municipal
410	public office, if the terms or any part thereof run concurrently
411	with each other, without resigning from the office he or she
412	presently holds.
413	(6)  This section does not apply to:
414	(a)  Political party offices.
415	(b)  Persons serving without salary as members of an
416	appointive board or authority.
417	(c)  Persons seeking any federal public office.
418	(7)  Nothing contained in subsection subsections (3) and
419	(4) relates to persons holding any federal office.
420	Section 11.  Paragraph (a) of subsection (1) of section
421	99.021, Florida Statutes, is amended to read:
422	99.021  Form of candidate oath.--
423	(1)(a)1.  Each candidate, whether a party candidate, a
424	candidate with no party affiliation, or a write-in candidate, in
425	order to qualify for nomination or election to any office other
426	than a judicial office as defined in chapter 105 or a federal
427	office, shall take and subscribe to an oath or affirmation in
428	writing. A printed copy of the oath or affirmation shall be
429	furnished to the candidate by the officer before whom such
430	candidate seeks to qualify and shall be substantially in the
431	following form:
432
433	State of Florida
434	County of_____
435	Before me, an officer authorized to administer oaths,
436	personally appeared   (please print name as you wish it to
437	appear on the ballot)  , to me well known, who, being sworn,
438	says that he or she is a candidate for the office of _____; that
439	he or she is a qualified elector of _____ County, Florida; that
440	he or she is qualified under the Constitution and the laws of
441	Florida to hold the office to which he or she desires to be
442	nominated or elected; that he or she has taken the oath required
443	by ss. 876.05-876.10, Florida Statutes; that he or she has
444	qualified for no other public office in the state, the term of
445	which office or any part thereof runs concurrent with that of
446	the office he or she seeks; and that he or she has resigned from
447	any office from which he or she is required to resign pursuant
448	to s. 99.012, Florida Statutes.
449	(Signature of candidate)
450	(Address)
451
452	Sworn to and subscribed before me this _____ day of _____,
453	(year)  , at _____ County, Florida.
454	(Signature and title of officer administering oath)
455
456	2.  Each candidate for federal office, whether a party
457	candidate, a candidate with no party affiliation, or a write-in
458	candidate, in order to qualify for nomination or election to
459	office shall take and subscribe to an oath or affirmation in
460	writing. A printed copy of the oath or affirmation shall be
461	furnished to the candidate by the officer before whom such
462	candidate seeks to qualify and shall be substantially in the
463	following form:
464
465	State of Florida
466	County of _____
467	Before me, an officer authorized to administer oaths,
468	personally appeared   (please print name as you wish it to
469	appear on the ballot)  , to me well known, who, being sworn,
470	says that he or she is a candidate for the office of _____; that
471	he or she is qualified under the Constitution and laws of the
472	United States to hold the office to which he or she desires to
473	be nominated or elected; and that he or she has qualified for no
474	other public office in the state, the term of which office or
475	any part thereof runs concurrent with that of the office he or
476	she seeks; and that he or she has resigned from any office from
477	which he or she is required to resign pursuant to s. 99.012,
478	Florida Statutes.
479	(Signature of candidate)
480	(Address)
481
482	Sworn to and subscribed before me this _____ day of _____,
483	(year)  , at _____ County, Florida.
484	(Signature and title of officer administering oath)
485
486	Section 12.  Subsections (1) and (2) of section 99.063,
487	Florida Statutes, are amended to read:
488	99.063  Candidates for Governor and Lieutenant Governor.--
489	(1)  No later than 5 p.m. of the 10th 9th day following the
490	primary election, each candidate for Governor shall designate a
491	Lieutenant Governor as a running mate. Such designation must be
492	made in writing to the Department of State.
493	(2)  No later than 5 p.m. of the 10th 9th day following the
494	primary election, each designated candidate for Lieutenant
495	Governor shall file with the Department of State:
496	(a)  The candidate's oath required by s. 99.021, which must
497	contain the name of the candidate as it is to appear on the
498	ballot; the office sought; and the signature of the candidate,
499	duly acknowledged.
500	(b)  The loyalty oath required by s. 876.05, signed by the
501	candidate and duly acknowledged.
502	(c)  If the office sought is partisan, the written
503	statement of political party affiliation required by s.
504	99.021(1)(b).
505	(d)  The full and public disclosure of financial interests
506	pursuant to s. 8, Art. II of the State Constitution. A public
507	officer who has filed the full and public disclosure with the
508	Commission on Ethics prior to qualifying for office may file a
509	copy of that disclosure at the time of qualifying.
510	Section 13.  Paragraph (b) of subsection (3) of section
511	99.097, Florida Statutes, is amended to read:
512	99.097  Verification of signatures on petitions.--
513	(3)
514	(b)  If a voter signs a petition and lists an address other
515	than the legal residence where the voter is registered, the
516	petition shall not be counted. The supervisor shall mail to the
517	voter a new voter registration application on which the voter
518	may submit an address update, along with the reason the new
519	application is being sent treat the signature as if the voter
520	had listed the address where the voter is registered.
521	Section 14.  Section 100.221, Florida Statutes, is amended
522	to read:
523	100.221  General election laws to govern bond
524	referenda.--The laws governing the holding of general elections
525	are applicable to bond referenda, except as provided in ss.
526	100.201-100.351. A county, district, or municipality is not
527	required to offer early voting for a bond referendum that is not
528	held in conjunction with a county or state election. The places
529	for voting in a bond referendum shall be the same as the places
530	for voting in general elections, when a bond referendum is held
531	in the county or district; however, but when a bond referendum
532	is held in a municipality, the polling places shall be the same
533	as in other municipal elections.
534	Section 15.  Section 100.361, Florida Statutes, is amended
535	to read:
536	100.361  Municipal recall.--
537	(1)  APPLICATION; DEFINITION RECALL PETITION.--Any member
538	of the governing body of a municipality or charter county,
539	hereinafter referred to in this section as "municipality," may
540	be removed from office by the electors of the municipality. When
541	the official represents a district and is elected only by
542	electors residing in that district, only electors from that
543	district are eligible to sign the petition to recall that
544	official and are entitled to vote in the recall election. When
545	the official represents a district and is elected at-large by
546	the electors of the municipality, all electors of the
547	municipality are eligible to sign the petition to recall that
548	official and are entitled to vote in the recall election. Where
549	used in this section, the term "district" shall be construed to
550	mean the area or region of a municipality from which a member of
551	the governing body is elected by the electors from such area or
552	region. Members may be removed from office pursuant to by the
553	procedures provided in this section. following procedure: This
554	method of removing members of the governing body of a
555	municipality is in addition to any other method provided by
556	state law.
557	(2)  RECALL PETITION.--
558	(a)  Petition content.--A petition shall contain the name
559	of be prepared naming the person sought to be recalled and
560	containing a statement of grounds for recall. The statement of
561	grounds may not exceed in not more than 200 words and the stated
562	grounds are limited solely to those the grounds specified in
563	paragraph (d) (b). If more than one member of the governing body
564	is sought to be recalled, whether such member is elected by the
565	electors of a district or by the electors of the municipality
566	at-large, a separate recall petition shall be prepared for each
567	member sought to be recalled. Upon request, the content of a
568	petition should be, but is not required to be, provided by the
569	proponent in alternative formats.
570	(b)  Requisite signatures.--
571	1.  In a municipality or district of fewer than 500
572	electors, the petition shall be signed by at least 50 electors
573	or by 10 percent of the total number of registered electors of
574	the municipality or district as of the preceding municipal
575	election, whichever is greater.
576	2.  In a municipality or district of 500 or more but fewer
577	than 2,000 registered electors, the petition shall be signed by
578	at least 100 electors or by 10 percent of the total number of
579	registered electors of the municipality or district as of the
580	preceding municipal election, whichever is greater.
581	3.  In a municipality or district of 2,000 or more but
582	fewer than 5,000 registered electors, the petition shall be
583	signed by at least 250 electors or by 10 percent of the total
584	number of registered electors of the municipality or district as
585	of the preceding municipal election, whichever is greater.
586	4.  In a municipality or district of 5,000 or more but
587	fewer than 10,000 registered electors, the petition shall be
588	signed by at least 500 electors or by 10 percent of the total
589	number of registered electors of the municipality or district as
590	of the preceding municipal election, whichever is greater.
591	5.  In a municipality or district of 10,000 or more but
592	fewer than 25,000 registered electors, the petition shall be
593	signed by at least 1,000 electors or by 10 percent of the total
594	number of registered electors of the municipality or district as
595	of the preceding municipal election, whichever is greater.
596	6.  In a municipality or district of 25,000 or more
597	registered electors, the petition shall be signed by at least
598	1,000 electors or by 5 percent of the total number of registered
599	electors of the municipality or district as of the preceding
600	municipal election, whichever is greater.
601
602	Electors of the municipality or district making charges
603	contained in the statement of grounds for recall and those
604	signing the recall petition shall be designated as the
605	"committee." A specific person shall be designated in the
606	petition as chair of the committee to act for the committee.
607	Electors of the municipality or district are eligible to sign
608	the petition. Signatures and oaths of witnesses shall be
609	executed as provided in paragraph (c). All signatures shall be
610	obtained, as provided in paragraph (e), within a period of 30
611	days, and all signed and dated petition forms the petition shall
612	be filed at the same time, no later than within 30 days after
613	the date on which the first signature is obtained on the
614	petition.
615	(c)  Recall committee.--Electors of the municipality or
616	district making charges contained in the statement of grounds
617	for recall, as well as those signing the recall petition, shall
618	be designated as the recall committee. A specific person shall
619	be designated in the petition as chair of the committee and this
620	person shall act for the committee. The recall committee and the
621	officer being recalled are subject to the provisions of chapter
622	106.
623	(d)(b)  Grounds for recall.--The grounds for removal of
624	elected municipal officials shall, for the purposes of this act,
625	be limited to the following and must be contained in the
626	petition:
627	1.  Malfeasance;
628	2.  Misfeasance;
629	3.  Neglect of duty;
630	4.  Drunkenness;
631	5.  Incompetence;
632	6.  Permanent inability to perform official duties; and
633	7.  Conviction of a felony involving moral turpitude.
634	(e)(c)  Signature process.--Only electors of the
635	municipality or district are eligible to sign the petition. Each
636	elector of the municipality signing a petition shall sign and
637	date his or her name in ink or indelible pencil as registered in
638	the office of the supervisor of elections and shall state on the
639	petition his or her place of residence and voting precinct. Each
640	petition shall contain appropriate lines for each elector's
641	original the signature, printed name, and street address, city,
642	county, voter registration number or date of birth, and date
643	signed. of the elector and The form shall also contain lines for
644	an oath, to be executed by a witness who is to verify thereof,
645	verifying the fact that the witness saw each person sign the
646	counterpart of the petition, that each signature appearing
647	thereon is the genuine signature of the person it purports to
648	be, and that the petition was signed in the presence of the
649	witness on the date indicated.
650	(f)(d)  Filing of signed petitions.--All signed petition
651	forms The petition shall be filed at the same time, no later
652	than 30 days after the date on which the first signature is
653	obtained on the petition. with the auditor or clerk of the
654	municipality or charter county, or his or her equivalent,
655	hereinafter referred to as clerk, by The person designated as
656	chair of the committee shall file the signed petition forms with
657	the auditor or clerk of the municipality or charter county, or
658	his or her equivalent, hereinafter referred to as "clerk." The
659	petition may not be amended after it is filed with the clerk.
660	(g)  Verification of signatures.--
661	1.  Immediately after the filing of the petition forms,
662	and, when the petition is filed, the clerk shall submit such
663	forms petition to the county supervisor of elections. No more
664	than 30 days after the date on which all petition forms are
665	submitted to the supervisor by the clerk, the supervisor who
666	shall promptly verify the signatures in accordance with s.
667	99.097 and, within a period of not more than 30 days after the
668	petition is filed with the supervisor, determine whether the
669	requisite number of valid signatures has been obtained for the
670	petition contains the required valid signatures. The committee
671	seeking verification of the signatures shall pay in advance to
672	the supervisor the sum of 10 cents for each signature checked or
673	the actual cost of checking such signatures, whichever is less.
674	The petition cannot be amended after it is filed with the clerk.
675	The supervisor shall be paid by the persons or committee seeking
676	verification the sum of 10 cents for each name checked.
677	2.  Upon filing with the clerk, the petition and all
678	subsequent papers or forms required or permitted to be filed
679	with the clerk in connection with this section must, upon
680	request, be made available in alternative formats by the clerk.
681	3.(e)  If the supervisor determines it is determined that
682	the petition does not contain the requisite number of verified
683	and valid required signatures, the clerk shall, upon receipt of
684	such written determination, so certify to the governing body of
685	the municipality or charter county and file the petition without
686	taking further action, and the matter shall be at an end. No
687	additional names may be added to the petition, and the petition
688	shall not be used in any other proceeding.
689	4.(f)  If the supervisor determines it is determined that
690	the petition has the requisite number of verified and valid
691	required signatures, then the procedures outlined in subsection
692	(3) must be followed.
693	(3)  RECALL PETITION AND DEFENSE.--
694	(a)  Notice.--Upon receipt of a written determination that
695	the requisite number of signatures has been obtained, the clerk
696	shall at once serve upon the person sought to be recalled a
697	certified copy of the petition. Within 5 days after service, the
698	person sought to be recalled may file with the clerk a defensive
699	statement of not more than 200 words.
700	(b)  Content and preparation.--Within 5 days after the date
701	of receipt of the defensive statement or after the last date a
702	defensive statement could have been filed, the clerk shall,
703	within 5 days, prepare a document entitled "Recall Petition and
704	Defense." The "Recall Petition and Defense" shall consist
705	sufficient number of typewritten, printed, or mimeographed
706	copies of the recall petition, including copies of the
707	originally signed petitions and counterparts. The "Recall
708	Petition and Defense" must contain lines which conform to the
709	provisions of paragraph (2)(e), and the and defensive statement
710	or, if no defensive statement has been filed, a statement to
711	that effect. The clerk shall make copies of the "Recall Petition
712	and Defense" which are sufficient to carry the signatures of 30
713	percent of the registered electors. Immediately after preparing
714	and making sufficient copies of the "Recall Petition and
715	Defense," the clerk shall as well as the names, addresses, and
716	oaths on the original petition, and deliver the copies them to
717	the person who has been designated as chair of the committee and
718	take his or her receipt therefor. Such prepared copies shall be
719	entitled "Recall Petition and Defense" and shall contain lines
720	and spaces for signatures and printed names of registered
721	electors, place of residence, election precinct number, and date
722	of signing, together with oaths to be executed by the witnesses
723	which conform to the provisions of paragraph (c). The clerk
724	shall deliver forms sufficient to carry the signatures of 30
725	percent of the registered electors.
726	(c)(g)  Requisite signatures.--Upon receipt of the "recall
727	petition and defense," the committee may circulate them to
728	obtain the signatures of 15 percent of the electors. All
729	signatures shall be obtained and all signed petition forms filed
730	with the clerk no later than 60 days after delivery of the
731	"Recall Petition and Defense" to the chair of the committee. Any
732	elector who signs a recall petition shall have the right to
733	demand in writing that his or her name be stricken from the
734	petition. A written demand signed by the elector shall be filed
735	with the clerk and upon receipt of the demand the clerk shall
736	strike the name of the elector from the petition and place his
737	or her initials to the side of the signature stricken. However,
738	no signature may be stricken after the clerk has delivered the
739	"Recall Petition and Defense" to the supervisor of elections for
740	verification.
741	(d)(h)  Signed petitions; request for striking
742	name.--Within 60 days after delivery of the "Recall Petition and
743	Defense" to the chair, the chair shall file with the clerk the
744	"Recall Petition and Defense" which bears the signatures of
745	electors. The clerk shall assemble all signed petitions, check
746	to see that each petition is properly verified by the oath of a
747	witness, and submit such petitions to the county supervisor of
748	elections. Any elector who signs a recall petition has the right
749	to demand in writing that his or her name be stricken from the
750	petition. A written demand signed by the elector shall be filed
751	with the clerk and upon receipt of the demand, the clerk shall
752	strike the name of the elector from the petition and place his
753	or her initials to the side of the signature stricken. However,
754	a signature may not be stricken after the clerk has delivered
755	the "Recall Petition and Defense" to the supervisor for
756	verification of the signatures.
757	(e)  Verification of signatures.--Within 30 days after
758	receipt of the signed "Recall Petition and Defense," the
759	supervisor, who shall determine the number of valid signatures,
760	purge the names withdrawn, and certify within 30 days whether 15
761	percent of the qualified electors of the municipality have
762	signed the petitions, and report his or her findings to the
763	governing body. The supervisor shall be paid by the persons or
764	committee seeking verification the sum of 10 cents for each name
765	checked.
766	(f)(i)  Reporting.--If the supervisor determines that the
767	requisite number of signatures has not been obtained petitions
768	do not contain the required signatures, the clerk shall, upon
769	receipt of such written determination, certify report such
770	determination fact to the governing body and retain file the
771	petitions., The proceedings shall be terminated, and the
772	petitions shall not again be used. If the supervisor determines
773	that signatures do amount to at least 15 percent of the
774	qualified electors signed the petition, the clerk shall,
775	immediately upon receipt of such written determination, serve
776	notice of that determination fact upon the person sought to be
777	recalled and deliver to the governing body a certificate as to
778	the percentage of qualified electors voters who signed.
779	(4)(2)  RECALL ELECTION.--If the person designated in the
780	petition files with the clerk, within 5 days after the last-
781	mentioned notice, his or her written resignation, the clerk
782	shall at once notify the governing body of that fact, and the
783	resignation shall be irrevocable. The governing body shall then
784	proceed to fill the vacancy according to the provisions of the
785	appropriate law. In the absence of a resignation, the chief
786	judge of the judicial circuit in which the municipality is
787	located shall fix a day for holding a recall election for the
788	removal of those not resigning. Any such election shall be held
789	not less than 30 days or more than 60 days after the expiration
790	of the 5-day period last-mentioned and at the same time as any
791	other general or special election held within the period; but if
792	no such election is to be held within that period, the judge
793	shall call a special recall election to be held within the
794	period aforesaid.
795	(5)(3)  BALLOTS.--The ballots at the recall election shall
796	conform to the following: With respect to each person whose
797	removal is sought, the question shall be submitted: "Shall _____
798	be removed from the office of _____ by recall?" Immediately
799	following each question there shall be printed on the ballots
800	the two propositions in the order here set forth:
801	"  (name of person)   should be removed from office."
802	"  (name of person)   should not be removed from office."
803	(6)(4)  FILLING OF VACANCIES; SPECIAL ELECTIONS.--
804	(a)  If an election is held for the recall of members
805	elected only at-large, candidates to succeed them for the
806	unexpired terms shall be voted upon at the same election and
807	shall be elected in the same manner as provided by the
808	appropriate law for the election of candidates at general
809	elections. Candidates shall not be elected to succeed any
810	particular member. If only one member is removed, the candidate
811	receiving the highest number of votes shall be declared elected
812	to fill the vacancy. If more than one member is removed,
813	candidates equal in number to the number of members removed
814	shall be declared elected to fill the vacancies; and, among the
815	successful candidates, those receiving the greatest number of
816	votes shall be declared elected for the longest terms. Cases of
817	ties, and all other matters not herein specially provided for,
818	shall be determined by the rules governing elections generally.
819	(b)  If an election is held for the recall of members
820	elected only from districts, candidates to succeed them for the
821	unexpired terms shall be voted upon at a special election called
822	by the chief judge of the judicial circuit in which the
823	districts are located not less than 30 days or more than 60 days
824	after the expiration of the recall election. The qualifying
825	period, for purposes of this section, shall be established by
826	the chief judge of the judicial circuit after consultation with
827	the clerk. Any candidate seeking election to fill the unexpired
828	term of a recalled district municipal official shall reside in
829	the district represented by the recalled official and qualify
830	for office in the manner required by law. Each candidate
831	receiving the highest number of votes for each office in the
832	special district recall election shall be declared elected to
833	fill the unexpired term of the recalled official. Candidates
834	seeking election to fill a vacancy created by the removal of a
835	municipal official shall be subject to the provisions of chapter
836	106.
837	(c)  When an election is held for the recall of members of
838	the governing body composed of both members elected at-large and
839	from districts, candidates to succeed them for the unexpired
840	terms shall be voted upon at a special election as provided in
841	paragraph (b).
842	(d)  However, in any recall election held pursuant to
843	paragraph (b) or paragraph (c), if only one member is voted to
844	be removed from office, the vacancy created by the recall shall
845	be filled by the governing body according to the provisions of
846	the appropriate law for filling vacancies.
847	(7)(5)  EFFECT OF RESIGNATIONS.--If the member of the
848	governing body being recalled resigns from office prior to the
849	recall election, the remaining members shall fill the vacancy
850	created according to the appropriate law for filling vacancies.
851	If all of the members of the governing body are sought to be
852	recalled and all of the members resign prior to the recall
853	election, the recall election shall be canceled, and a special
854	election shall be called to fill the unexpired terms of the
855	resigning members. If all of the members of the governing body
856	are sought to be recalled and any of the members resign prior to
857	the recall election, the proceedings for the recall of members
858	not resigning and the election of successors to fill the
859	unexpired terms shall continue and have the same effect as
860	though there had been no resignation.
861	(8)(6)  WHEN PETITION MAY BE FILED.--No petition to recall
862	any member of the governing body of a municipality shall be
863	filed until the member has served one-fourth of his or her term
864	of office. No person removed by a recall, or resigning after a
865	petition has been filed against him or her, shall be eligible to
866	be appointed to the governing body within a period of 2 years
867	after the date of such recall or resignation.
868	(9)  RETENTION OF PETITION.--The clerk shall preserve in
869	his or her office all papers comprising or connected with a
870	petition for recall for a period of 2 years after they were
871	filed. This method of removing members of the governing body of
872	a municipality is in addition to such other methods now or
873	hereafter provided by the general laws of this state.
874	(10)(7)  OFFENSES RELATING TO PETITIONS.--No person shall
875	impersonate another, purposely write his or her name or
876	residence falsely in the signing of any petition for recall or
877	forge any name thereto, or sign any paper with knowledge that he
878	or she is not a qualified elector of the municipality. No
879	expenditures for campaigning for or against an officer being
880	recalled shall be made until the date on which the recall
881	election is to be held is publicly announced. The committee and
882	the officer being recalled shall be subject to chapter 106. No
883	person shall employ or pay another to accept employment or
884	payment for circulating or witnessing a recall petition. Any
885	person violating any of the provisions of this section commits
886	shall be deemed guilty of a misdemeanor of the second degree and
887	shall, upon conviction, be punished as provided by law.
888	(11)(8)  INTENT.--It is the intent of the Legislature that
889	the recall procedures provided in this act shall be uniform
890	statewide. Therefore, all municipal charter and special law
891	provisions which are contrary to the provisions of this act are
892	hereby repealed to the extent of this conflict.
893	(12)(9)  PROVISIONS APPLICABLE.--The provisions of this act
894	shall apply to cities and charter counties whether or not they
895	have adopted recall provisions.
896	Section 16.  Effective July 1, 2008, subsections (3), (4),
897	and (6) of section 100.371, Florida Statutes, are amended to
898	read:
899	100.371  Initiatives; procedure for placement on ballot.--
900	(3)  An initiative petition form circulated for signature
901	may not be bundled with or attached to any other petition. Each
902	signature shall be dated when made and shall be valid for a
903	period of 4 years following such date, provided all other
904	requirements of law are met. The sponsor shall submit signed and
905	dated forms to the appropriate supervisor of elections for
906	verification as to the number of registered electors whose valid
907	signatures appear thereon. The supervisor shall promptly verify
908	the signatures within 30 days of receipt of the petition forms
909	and payment of the fee required by s. 99.097. The supervisor
910	shall promptly record in the statewide voter registration
911	system, in the manner prescribed by the Secretary of State, the
912	date each form is received by the supervisor, and the date the
913	signature on the form is verified as valid. The supervisor may
914	verify that the signature on a form is valid only if:
915	(a)  The form contains the original signature of the
916	purported elector.
917	(b)  The purported elector has accurately recorded on the
918	form the date on which he or she signed the form.
919	(c)  The form accurately sets forth the purported elector's
920	name, street address, county, and voter registration number or
921	date of birth.
922	(d)  The purported elector is, at the time he or she signs
923	the form, a duly qualified and registered elector authorized to
924	vote in the county in which his or her signature is submitted.
925
926	The supervisor shall retain the signature forms for at least 1
927	year following the election in which the issue appeared on the
928	ballot or until the Division of Elections notifies the
929	supervisors of elections that the committee which circulated the
930	petition is no longer seeking to obtain ballot position.
931	(4)  The Secretary of State shall determine from the
932	signatures verified by the supervisors of elections and recorded
933	in the statewide voter registration system the total number of
934	verified valid signatures and the distribution of such
935	signatures by congressional districts. Upon a determination that
936	the requisite number and distribution of valid signatures have
937	been obtained, the secretary shall issue a certificate of ballot
938	position for that proposed amendment and shall assign a
939	designating number pursuant to s. 101.161.
940	(6)(a)  An elector's signature on a petition form may be
941	revoked within 150 days of the date on which he or she signed
942	the petition form by submitting to the appropriate supervisor of
943	elections a signed petition-revocation form adopted by rule for
944	this purpose by the division.
945	(b)  The petition-revocation form and the manner in which
946	signatures are obtained, submitted, and verified shall be
947	subject to the same relevant requirements and timeframes as the
948	corresponding petition form and processes under this code and
949	shall be approved by the Secretary of State before any signature
950	on a petition-revocation form is obtained.
951	(c)  In those circumstances in which a petition-revocation
952	form for a corresponding initiative petition has not been
953	submitted and approved, an elector may complete and submit a
954	standard petition-revocation form directly to the supervisor of
955	elections. All other requirements and processes apply for the
956	submission and verification of the signatures as for initiative
957	petitions.
958	(d)  Supervisors of elections shall provide petition-
959	revocation forms to the public at all main and branch offices.
960	(e)(d)  The petition-revocation form shall be filed with
961	the supervisor of elections by February 1 preceding the next
962	general election or, if the initiative amendment is not
963	certified for ballot position in that election, by February 1
964	preceding the next successive general election. The supervisor
965	of elections shall promptly verify the signature on the
966	petition-revocation form and process such revocation upon
967	payment, in advance, of a fee of 10 cents or the actual cost of
968	verifying such signature, whichever is less. The supervisor
969	shall promptly record each valid and verified signature on a
970	petition-revocation form in the statewide voter registration
971	system in the manner prescribed by the Secretary of State.
972	(f)  The division shall adopt by rule the petition-
973	revocation forms to be used under this subsection.
974	Section 17.  Section 101.041, Florida Statutes, is amended
975	to read:
976	101.041  Secret voting.--In all elections held on any
977	subject which may be submitted to a vote, and for all or any
978	state, county, district, or municipal officers, the voting shall
979	be by secret, official ballot printed and distributed as
980	provided by this code, and no vote shall be received or counted
981	in any election, except as prescribed by this code.
982	Section 18.  Section 101.045, Florida Statutes, is amended
983	to read:
984	101.045  Electors must be registered in precinct;
985	provisions for change of residence or name change.--
986	(1)  No person shall be permitted to vote in any election
987	precinct or district other than the one in which the person has
988	his or her legal residence and in which the person is
989	registered. However, a person temporarily residing outside the
990	county shall be registered in the precinct in which the main
991	office of the supervisor, as designated by the supervisor, is
992	located when the person has no permanent address in the county
993	and it is the person's intention to remain a resident of Florida
994	and of the county in which he or she is registered to vote. Such
995	persons who are registered in the precinct in which the main
996	office of the supervisor, as designated by the supervisor, is
997	located and who are residing outside the county with no
998	permanent address in the county shall not be registered electors
999	of a municipality and therefore shall not be permitted to vote
1000	in any municipal election.
1001	(2)(a)  An elector who moves from the precinct in which the
1002	elector is registered may be permitted to vote in the precinct
1003	to which he or she has moved his or her legal residence,
1004	provided such elector completes an affirmation in substantially
1005	the following form:
1006
1007	Change of Legal Residence of Registered
1008	Voter
1009
1010	Under penalties for false swearing, I,   (Name of voter)  ,
1011	swear (or affirm) that the former address of my legal residence
1012	was   (Address of legal residence)   in the municipality of
1013	_____, in _____ County, Florida, and I was registered to vote in
1014	the _____ precinct of _____ County, Florida; that I have not
1015	voted in the precinct of my former registration in this
1016	election; that I now reside at   (Address of legal residence)
1017	in the Municipality of _____, in _____ County, Florida, and am
1018	therefore eligible to vote in the _____ precinct of _____
1019	County, Florida; and I further swear (or affirm) that I am
1020	otherwise legally registered and entitled to vote.
1021
1022	(Signature of voter whose address of legal residence has
1023	changed)
1024	(b)  An elector whose name changes because of marriage or
1025	other legal process may be permitted to vote, provided such
1026	elector completes an affirmation in substantially the following
1027	form:
1028
1029	Change of Name of Registered
1030	Voter
1031
1032	Under penalties for false swearing, I,   (New name of voter)  ,
1033	swear (or affirm) that my name has been changed because of
1034	marriage or other legal process. My former name and address of
1035	legal residence appear on the registration records of precinct
1036	_____ as follows:
1037	Name
1038	Address
1039	Municipality
1040	County
1041	Florida, Zip
1042	My present name and address of legal residence are as follows:
1043	Name
1044	Address
1045	Municipality
1046	County
1047	Florida, Zip
1048	and I further swear (or affirm) that I am otherwise legally
1049	registered and entitled to vote.
1050
1051	(Signature of voter whose name has changed)
1052	(c)  An elector may complete a voter registration
1053	application that indicates the change of name or change of
1054	address of legal residence instead of the affirmation contained
1055	in paragraph (a) or paragraph (b).
1056	(d)  Such affirmation or application, when completed and
1057	presented at the precinct in which such elector is entitled to
1058	vote, and upon verification of the elector's registration, shall
1059	entitle such elector to vote as provided in this subsection. If
1060	the elector's eligibility to vote cannot be determined, he or
1061	she shall be entitled to vote a provisional ballot, subject to
1062	the requirements and procedures in s. 101.048. Upon receipt of
1063	an affirmation or application certifying a change in address of
1064	legal residence or name, the supervisor shall as soon as
1065	practicable make the necessary changes in the statewide voter
1066	registration system to indicate the change in address of legal
1067	residence or name of such elector.
1068	(d)  Instead of the affirmation contained in paragraph (a)
1069	or paragraph (b), an elector may complete a voter registration
1070	application that indicates the change of name or change of
1071	address of legal residence.
1072	Section 19.  Section 101.111, Florida Statutes, is amended
1073	to read:
1074	101.111  Person desiring to vote may be challenged;
1075	challenger to execute oath; oath of person challenged;
1076	determination of challenge.--
1077	(1)(a)  Any registered elector or poll watcher of a county
1078	may challenge the right of a person to vote in that county. When
1079	the right to vote of any person who desires to vote is
1080	challenged by any elector or poll watcher, The challenge must be
1081	in shall be reduced to writing and contain the following oath
1082	with an oath as provided in this section, giving reasons for the
1083	challenge, which shall be delivered to the clerk or inspector.
1084	Any elector or poll watcher challenging the right of a person to
1085	vote shall execute the oath set forth below:
1086
1087	OATH OF PERSON ENTERING CHALLENGE
1088
1089	State of Florida
1090	County of _____
1091
1092	I do solemnly swear or affirm that my name is _____; that I am a
1093	member of the _____ Party; that I am a registered voter or
1094	pollwatcher; that my residence address is _____, in the
1095	municipality of _____; and that I have reason to believe that
1096	_____ is attempting to vote illegally and the reasons for my
1097	belief are set forth herein to wit:
1098	(Signature of person challenging voter)
1099
1100	Sworn and subscribed to before me this _____ day of _____,
1101	(year)  .
1102	(Clerk of election)
1103	(b)(2)  The clerk or inspector shall immediately deliver to
1104	the challenged person a copy of the oath of the person entering
1105	the challenge, and the challenged voter shall be allowed to cast
1106	a provisional ballot in accordance with s. 101.048.
1107	(c)(3)  Alternatively, a challenge in accordance with this
1108	section may be filed in advance with the supervisor of elections
1109	no Any elector or poll watcher may challenge the right of any
1110	voter to vote not sooner than 30 days before an election by
1111	filing a completed copy of the oath contained in subsection (1)
1112	to the supervisor of election's office. The supervisor shall
1113	promptly provide the election board in the challenged voter's
1114	precinct with a copy of the oath of the person entering the
1115	challenge. The challenged voter shall be allowed permitted to
1116	cast a provisional ballot in accordance with s. 101.048.
1117	(2)(4)  Any elector or poll watcher filing a frivolous
1118	challenge of any person's right to vote commits a misdemeanor of
1119	the first degree, punishable as provided in s. 775.082 or s.
1120	775.083; however, electors or poll watchers shall not be subject
1121	to liability for any action taken in good faith and in
1122	furtherance of any activity or duty permitted of such electors
1123	or poll watchers by law. Each instance where any elector or poll
1124	watcher files a frivolous challenge of any person's right to
1125	vote constitutes a separate offense.
1126	Section 20.  Section 101.23, Florida Statutes, is amended
1127	to read:
1128	101.23  Election inspector to keep list of those voting.--
1129	(1)  When any person has been admitted to vote, the
1130	person's name shall be checked by the clerk or one of the
1131	inspectors at the place indicated upon the registration books or
1132	voter history form provided by the supervisor. One of the
1133	inspectors shall, at the same time, keep a poll list containing
1134	names of electors who have voted or a list of registered
1135	electors, on which those electors who have voted are indicated.
1136	Such lists shall be available for inspection during regular
1137	voting hours by poll watchers designated and appointed pursuant
1138	to s. 101.131, except that the election inspector may regulate
1139	access to the lists so as to ensure that such inspection does
1140	not unreasonably interfere with the orderly operation of the
1141	polling place.
1142	(2)  The inspectors shall prevent any person from voting a
1143	second time when they have reason to believe that the person has
1144	voted. They shall refuse to allow any person to vote who is not
1145	a qualified elector or who has become disqualified to vote in
1146	the precinct, and may prevent any elector from consuming more
1147	than 5 minutes in voting.
1148	Section 21.  Effective July 1, 2008, subsection (1) of
1149	section 101.51, Florida Statutes, is amended to read:
1150	101.51  Electors to occupy booth alone.--
1151	(1)  When the elector presents himself or herself to vote,
1152	an the election official shall ascertain whether the elector's
1153	name is upon the register of electors, and, if the elector's
1154	name appears and no challenge interposes, or, if interposed, be
1155	not sustained, one of the election official officials stationed
1156	at the entrance shall announce the name of the elector and
1157	permit the elector him or her to enter the booth or compartment
1158	to cast his or her vote, allowing only one elector at a time to
1159	pass through to vote. An elector, while casting his or her
1160	ballot, may not occupy a booth or compartment already occupied
1161	or speak with anyone, except as provided by s. 101.051.
1162	Section 22.  Effective July 1, 2008, paragraph (a) of
1163	subsection (2) of section 101.5608, Florida Statutes, is amended
1164	to read:
1165	101.5608  Voting by electronic or electromechanical method;
1166	procedures.--
1167	(2)  When an electronic or electromechanical voting system
1168	utilizes a ballot card or marksense ballot, the following
1169	procedures shall be followed:
1170	(a)  After receiving a ballot from an inspector, the
1171	elector shall, without leaving the polling place, retire to a
1172	booth or compartment and mark the ballot. After marking
1173	preparing his or her ballot, the elector shall place the ballot
1174	in a secrecy envelope with the stub exposed or shall fold over
1175	that portion on which write-in votes may be cast, as instructed,
1176	so that the ballot will be deposited in the tabulator ballot box
1177	without exposing the voter's choices. Before the ballot is
1178	deposited in the ballot box, the inspector shall detach the
1179	exposed stub and place it in a separate envelope for audit
1180	purposes; when a fold-over ballot is used, the entire ballot
1181	shall be placed in the ballot box.
1182	Section 23.  Effective July 1, 2008, subsection (5) of
1183	section 101.5614, Florida Statutes, is amended to read:
1184	101.5614  Canvass of returns.--
1185	(5)  If any absentee ballot is physically damaged so that
1186	it cannot properly be counted by the automatic tabulating
1187	equipment, a true duplicate copy shall be made of the damaged
1188	ballot in the presence of witnesses and substituted for the
1189	damaged ballot. Likewise, a duplicate ballot shall be made of an
1190	absentee ballot containing an overvoted race or a marked
1191	absentee ballot in which every race is undervoted which shall
1192	include all valid votes as determined by the canvassing board
1193	based on rules adopted by the division pursuant to s. 102.166(3)
1194	s. 102.166(4). All duplicate ballots shall be clearly labeled
1195	"duplicate," bear a serial number which shall be recorded on the
1196	defective ballot, and be counted in lieu of the defective
1197	ballot. After a ballot has been duplicated, the defective ballot
1198	shall be placed in an envelope provided for that purpose, and
1199	the duplicate ballot shall be tallied with the other ballots for
1200	that precinct.
1201	Section 24.  Subsection (2) of section 101.6923, Florida
1202	Statutes, is amended to read:
1203	101.6923  Special absentee ballot instructions for certain
1204	first-time voters.--
1205	(2)  A voter covered by this section shall be provided with
1206	printed instructions with his or her absentee ballot in
1207	substantially the following form:
1208
1209	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
1210	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
1211	TO COUNT.
1212
1213	1.  In order to ensure that your absentee ballot will be
1214	counted, it should be completed and returned as soon as possible
1215	so that it can reach the supervisor of elections of the county
1216	in which your precinct is located no later than 7 p.m. on the
1217	date of the election.
1218	2.  Mark your ballot in secret as instructed on the ballot.
1219	You must mark your own ballot unless you are unable to do so
1220	because of blindness, disability, or inability to read or write.
1221	3.  Mark only the number of candidates or issue choices for
1222	a race as indicated on the ballot. If you are allowed to "Vote
1223	for One" candidate and you vote for more than one, your vote in
1224	that race will not be counted.
1225	4.  Place your marked ballot in the enclosed secrecy
1226	envelope and seal the envelope.
1227	5.  Insert the secrecy envelope into the enclosed envelope
1228	bearing the Voter's Certificate. Seal the envelope and
1229	completely fill out the Voter's Certificate on the back of the
1230	envelope.
1231	a.  You must sign your name on the line above (Voter's
1232	Signature).
1233	b.  If you are an overseas voter, you must include the date
1234	you signed the Voter's Certificate on the line above (Date) or
1235	your ballot may not be counted.
1236	6.  Unless you meet one of the exemptions in Item 7., you
1237	must make a copy of one of the following forms of
1238	identification:
1239	a.  Identification which must include your name and
1240	photograph: United States passport; employee badge or
1241	identification; buyer's club identification card; debit or
1242	credit card; military identification; student identification;
1243	retirement center identification; neighborhood association
1244	identification; or public assistance identification; or
1245	b.  Identification which shows your name and current
1246	residence address: current utility bill, bank statement,
1247	government check, paycheck, or government document (excluding
1248	voter identification card).
1249	7.  The identification requirements of Item 6. do not apply
1250	if you meet one of the following requirements:
1251	a.  You are 65 years of age or older.
1252	b.  You have a temporary or permanent physical disability.
1253	c.  You are a member of a uniformed service on active duty
1254	who, by reason of such active duty, will be absent from the
1255	county on election day.
1256	d.  You are a member of the Merchant Marine who, by reason
1257	of service in the Merchant Marine, will be absent from the
1258	county on election day.
1259	e.  You are the spouse or dependent of a member referred to
1260	in paragraph c. or paragraph d. who, by reason of the active
1261	duty or service of the member, will be absent from the county on
1262	election day.
1263	f.  You are currently residing outside the United States.
1264	8.  Place the envelope bearing the Voter's Certificate into
1265	the mailing envelope addressed to the supervisor. Insert a copy
1266	of your identification in the mailing envelope. DO NOT PUT YOUR
1267	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1268	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1269	BALLOT WILL NOT COUNT.
1270	9.  Mail, deliver, or have delivered the completed mailing
1271	envelope. Be sure there is sufficient postage if mailed.
1272	10.  FELONY NOTICE. It is a felony under Florida law to
1273	accept any gift, payment, or gratuity in exchange for your vote
1274	for a candidate. It is also a felony under Florida law to vote
1275	in an election using a false identity or false address, or under
1276	any other circumstances making your ballot false or fraudulent.
1277	Section 25.  Subsection (3) of section 101.75, Florida
1278	Statutes, is amended to read:
1279	101.75  Municipal elections; change of dates for cause.--
1280	(3)  Notwithstanding any provision of local law or
1281	municipal charter, for any municipality whose election is
1282	scheduled to be held in March 2008, the governing body of a the
1283	municipality, notwithstanding any municipal charter provision,
1284	may, by ordinance, move the date of any the general municipal
1285	election in 2008 and in each subsequent year that is a multiple
1286	of 4 to a the date concurrent with any statewide or countywide
1287	election the presidential preference primary. The dates for
1288	qualifying for the general municipal election moved by the
1289	passage of such an ordinance shall be specifically provided for
1290	in the ordinance and shall run for no less than 14 days. The
1291	term of office for any elected municipal official shall commence
1292	as provided by the relevant municipal charter or ordinance, and
1293	the term of office for any elected municipal official whose term
1294	was due to expire in March 2008 shall expire as provided by the
1295	relevant municipal charter or ordinance.
1296	Section 26.  Effective July 1, 2008, subsection (7) of
1297	section 102.014, Florida Statutes, is amended to read:
1298	102.014  Poll worker recruitment and training.--
1299	(7)  The Department of State shall develop a mandatory,
1300	statewide, and uniform program for training poll workers on
1301	issues of etiquette and sensitivity with respect to voters
1302	having a disability. The program must consist of approximately 1
1303	hour of the required number of hours set forth in paragraph
1304	(4)(a). The program must be conducted locally by each supervisor
1305	of elections, and who shall periodically certify to the
1306	Department of State whether each poll worker must complete has
1307	completed the program before working during the current election
1308	cycle. The supervisor of elections shall contract with a
1309	recognized disability-related organization, such as a center for
1310	independent living, family network on disabilities, deaf service
1311	bureau, or other such organization, to develop and assist with
1312	training the trainers in the disability sensitivity programs.
1313	The program must include actual demonstrations of obstacles
1314	confronted by disabled persons during the voting process,
1315	including obtaining access to the polling place, traveling
1316	through the polling area, and using the voting system.
1317	Section 27.  Effective July 1, 2008, paragraph (b) of
1318	subsection (4) of section 102.031, Florida Statutes, is amended
1319	to read:
1320	102.031  Maintenance of good order at polls; authorities;
1321	persons allowed in polling rooms and early voting areas;
1322	unlawful solicitation of voters.--
1323	(4)
1324	(b)  For the purpose of this subsection, the terms term
1325	"solicit" and "solicitation" shall include, but not be limited
1326	to, seeking or attempting to seek any vote, fact, opinion, or
1327	contribution; distributing or attempting to distribute any
1328	political or campaign material, leaflet, or handout; conducting
1329	a poll except as specified in this paragraph; seeking or
1330	attempting to seek a signature on any petition; and selling or
1331	attempting to sell any item. The terms "solicit" and
1332	"solicitation" shall not be construed to prohibit exit polling.
1333	Section 28.  Effective July 1, 2008, subsections (1) and
1334	(2) of section 102.112, Florida Statutes, are amended to read:
1335	102.112  Deadline for submission of county returns to the
1336	Department of State.--
1337	(1)  The county canvassing board or a majority thereof
1338	shall file the county returns for the election of a federal or
1339	state officer with the Department of State immediately after
1340	certification of the election results. The returns must contain
1341	a certification by the canvassing board that the board has
1342	compared reconciled the number of persons who voted with the
1343	number of ballots counted and that the certification includes
1344	all valid votes cast in the election.
1345	(2)  Returns must be filed by 5 p.m. on the 9th 7th day
1346	following a primary election and by noon on the 12th day
1347	following the general election. However, the Department of State
1348	may correct typographical errors, including the transposition of
1349	numbers, in any returns submitted to the Department of State
1350	pursuant to s. 102.111(1).
1351	Section 29.  Effective July 1, 2008, paragraphs (b) and (c)
1352	of subsection (7) of section 102.141, Florida Statutes, are
1353	amended to read:
1354	102.141  County canvassing board; duties.--
1355	(7)  If the unofficial returns reflect that a candidate for
1356	any office was defeated or eliminated by one-half of a percent
1357	or less of the votes cast for such office, that a candidate for
1358	retention to a judicial office was retained or not retained by
1359	one-half of a percent or less of the votes cast on the question
1360	of retention, or that a measure appearing on the ballot was
1361	approved or rejected by one-half of a percent or less of the
1362	votes cast on such measure, the board responsible for certifying
1363	the results of the vote on such race or measure shall order a
1364	recount of the votes cast with respect to such office or
1365	measure. The Elections Canvassing Commission is the board
1366	responsible for ordering federal, state, and multicounty
1367	recounts. A recount need not be ordered with respect to the
1368	returns for any office, however, if the candidate or candidates
1369	defeated or eliminated from contention for such office by one-
1370	half of a percent or less of the votes cast for such office
1371	request in writing that a recount not be made.
1372	(b)  Each canvassing board responsible for conducting a
1373	recount where touchscreen ballots were used shall recollect the
1374	votes from examine the counters on the precinct tabulators to
1375	ensure that the total of the returns on the precinct tabulators
1376	equals the overall election return. If there is a discrepancy,
1377	the canvassing board shall determine the cause and report the
1378	results between the overall election return and the counters of
1379	the precinct tabulators, the counters of the precinct tabulators
1380	shall be presumed correct and such votes shall be canvassed
1381	accordingly.
1382	(c)  The canvassing board shall submit on forms or in
1383	formats provided by the division a second set of unofficial
1384	returns to the Department of State for each federal, statewide,
1385	state, or multicounty office or ballot measure no later than 3
1386	p.m. on the fifth day after any primary election and no later
1387	than 3 p.m. on the ninth day after any general election in which
1388	a recount was conducted pursuant to this subsection. If the
1389	canvassing board is unable to complete the recount prescribed in
1390	this subsection by the deadline, the second set of unofficial
1391	returns submitted by the canvassing board shall be identical to
1392	the initial unofficial returns and the submission shall also
1393	include a detailed explanation of why it was unable to timely
1394	complete the recount. However, the canvassing board shall
1395	complete the recount prescribed in this subsection, along with
1396	any manual recount prescribed in s. 102.166, and certify
1397	election returns in accordance with the requirements of this
1398	chapter.
1399	Section 30.  Effective July 1, 2008, section 102.166,
1400	Florida Statutes, is amended to read:
1401	102.166  Manual recounts.--
1402	(1)  If the second set of unofficial returns pursuant to s.
1403	102.141 indicates that a candidate for any office was defeated
1404	or eliminated by one-quarter of a percent or less of the votes
1405	cast for such office, that a candidate for retention to a
1406	judicial office was retained or not retained by one-quarter of a
1407	percent or less of the votes cast on the question of retention,
1408	or that a measure appearing on the ballot was approved or
1409	rejected by one-quarter of a percent or less of the votes cast
1410	on such measure, any candidate who was defeated or eliminated
1411	from contention by one-quarter of a percent or less or any
1412	political committee supporting or opposing an issue that was
1413	approved or rejected by one-quarter of a percent or less may
1414	request a manual recount. Such request must be filed no later
1415	than 5 p.m. on the 5th day after a primary election and no later
1416	than 5 p.m. on the 9th day after a general election. Upon timely
1417	receipt of a request, the board responsible for certifying the
1418	results of the vote on such race or measure shall order a manual
1419	recount of the votes in such race or measure overvotes and
1420	undervotes cast in the entire geographic jurisdiction of such
1421	office or ballot measure. A manual recount may not be ordered,
1422	however, if the number of overvotes, undervotes, and provisional
1423	ballots is fewer than the number of votes needed to change the
1424	outcome of the election.
1425	(2)(a)  Any hardware or software used to identify and sort
1426	overvotes and undervotes for a given race or ballot measure must
1427	be certified by the Department of State as part of the voting
1428	system pursuant to s. 101.015. Any such hardware or software
1429	must be capable of simultaneously counting votes.
1430	(b)  Overvotes and undervotes shall be identified and
1431	sorted while recounting ballots pursuant to s. 102.141, if the
1432	hardware or software for this purpose has been certified or the
1433	department's rules so provide.
1434	(2)(3)  Any manual recount shall be open to the public.
1435	(3)(4)(a)  A vote for a candidate or ballot measure shall
1436	be counted if there is a clear indication on the ballot that the
1437	voter has made a definite choice.
1438	(b)  The Department of State shall adopt specific rules for
1439	each certified voting system prescribing what constitutes a
1440	"clear indication on the ballot that the voter has made a
1441	definite choice." The rules may not:
1442	1.  Exclusively provide that the voter must properly mark
1443	or designate his or her choice on the ballot; or
1444	2.  Contain a catch-all provision that fails to identify
1445	specific standards, such as "any other mark or indication
1446	clearly indicating that the voter has made a definite choice."
1447	(4)(5)  Procedures for a manual recount are as follows:
1448	(a)  The county canvassing board shall appoint as many
1449	counting teams of at least two electors as is necessary to
1450	manually recount the ballots. A counting team must have, when
1451	possible, members of at least two political parties. A candidate
1452	involved in the race shall not be a member of the counting team.
1453	(b)  Each duplicate ballot prepared pursuant to s.
1454	101.5614(5) or s. 102.141(7) shall be compared with the original
1455	ballot to ensure the correctness of the duplicate.
1456	(c)  If a counting team is unable to determine whether the
1457	ballot contains a clear indication that the voter has made a
1458	definite choice, the ballot shall be presented to the county
1459	canvassing board for a determination.
1460	(d)  The Department of State shall adopt detailed rules
1461	prescribing additional recount procedures for each certified
1462	voting system which shall be uniform to the extent practicable.
1463	The rules shall address, at a minimum, the following areas:
1464	1.  Security of ballots during the recount process;
1465	2.  Time and place of recounts;
1466	3.  Public observance of recounts;
1467	4.  Objections to ballot determinations;
1468	5.  Record of recount proceedings; and
1469	6.  Procedures relating to candidate and petitioner
1470	representatives.
1471	(5)  Notwithstanding s. 101.591, in any instance in which a
1472	manual recount was conducted on a countywide race, the
1473	canvassing board is not required to conduct a manual audit of
1474	the voting system. However, the canvassing board shall track the
1475	ballots not properly marked for the purpose of determining
1476	whether the voting system accurately recorded the votes. For
1477	purposes of this subsection, a ballot that has not been properly
1478	marked is a ballot on which:
1479	(a)  Votes have been marked by the voter outside the
1480	prescribed area;
1481	(b)  Votes have been marked by the voter using a manual
1482	marking device that cannot be read by the voting system; or
1483	(c)  In the judgment of the canvassing board, the voter
1484	marked the ballot in such a manner that the voting system may
1485	not have read the marks as votes cast.
1486
1487	The canvassing board shall include the information from the
1488	manual recount and from ballots not properly marked as part of
1489	the report required by s. 101.591.
1490	Section 31.  Subsection (2) of section 103.101, Florida
1491	Statutes, is amended to read:
1492	103.101  Presidential preference primary.--
1493	(2)(a)  There shall be a Presidential Candidate Selection
1494	Committee composed of the Secretary of State, who shall be a
1495	nonvoting chair; the Speaker of the House of Representatives;
1496	the President of the Senate; the minority leader of each house
1497	of the Legislature; and the chair of each political party
1498	required to have a presidential preference primary under this
1499	section.
1500	(b)(a)  By October 31 of the year preceding the
1501	presidential preference primary, each political party shall
1502	submit to the Secretary of State a list of its presidential
1503	candidates to be placed on the presidential preference primary
1504	ballot or candidates entitled to have delegates appear on the
1505	presidential preference primary ballot. The Secretary of State
1506	shall prepare and publish a list of the names of the
1507	presidential candidates submitted. The Secretary of State shall
1508	submit such list of names of presidential candidates to the
1509	selection committee on the first Tuesday after the first Monday
1510	in November of the year preceding the presidential preference
1511	primary. Each person designated as a presidential candidate
1512	shall have his or her name appear, or have his or her delegates'
1513	names appear, on the presidential preference primary ballot
1514	unless all committee members of the same political party as the
1515	candidate agree to delete such candidate's name from the ballot.
1516	(c)  The selection committee shall meet in Tallahassee on
1517	the first Tuesday after the first Monday in November of the year
1518	preceding the presidential preference primary. The selection
1519	committee shall publicly announce and submit to the Department
1520	of State no later than 5 p.m. on the following day the names of
1521	presidential candidates who shall have their names appear, or
1522	who are entitled to have their delegates' names appear, on the
1523	presidential preference primary ballot. The Department of State
1524	shall immediately notify each presidential candidate designated
1525	by the committee. Such notification shall be in writing, by
1526	registered mail, with return receipt requested.
1527	(b)  Any presidential candidate whose name does not appear
1528	on the list submitted to the Secretary of State may request that
1529	the selection committee place his or her name on the ballot.
1530	Such request shall be made in writing to the Secretary of State
1531	no later than the second Tuesday after the first Monday in
1532	November of the year preceding the presidential preference
1533	primary.
1534	(c)  If a presidential candidate makes a request that the
1535	selection committee reconsider placing the candidate's name on
1536	the ballot, the selection committee will reconvene no later than
1537	the second Thursday after the first Monday in November of the
1538	year preceding the presidential preference primary to reconsider
1539	placing the candidate's name on the ballot. The Department of
1540	State shall immediately notify such candidate of the selection
1541	committee's decision.
1542	Section 32.  Paragraph (c) of subsection (3) of section
1543	190.006, Florida Statutes, is amended to read:
1544	190.006  Board of supervisors; members and meetings.--
1545	(3)
1546	(c)  Candidates seeking election to office by qualified
1547	electors under this subsection shall conduct their campaigns in
1548	accordance with the provisions of chapter 106 and shall file
1549	qualifying papers and qualify for individual seats in accordance
1550	with s. 99.061. Candidates shall pay a qualifying fee, which
1551	shall consist of a filing fee and an election assessment or, as
1552	an alternative, shall file a petition signed by not less than 1
1553	percent of the registered voters of the district, and take the
1554	oath required in s. 99.021, with the supervisor of elections in
1555	the county affected by such candidacy. The amount of the filing
1556	fee is 3 percent of $4,800; however, if the electors have
1557	provided for compensation pursuant to subsection (8), the amount
1558	of the filing fee is 3 percent of the maximum annual
1559	compensation so provided. The amount of the election assessment
1560	is 1 percent of $4,800; however, if the electors have provided
1561	for compensation pursuant to subsection (8), the amount of the
1562	election assessment is 1 percent of the maximum annual
1563	compensation so provided. The filing fee and election assessment
1564	shall be distributed as provided in s. 105.031(3).
1565	Section 33.  Subsection (2) of section 105.041, Florida
1566	Statutes, is amended to read:
1567	105.041  Form of ballot.--
1568	(2)  LISTING OF CANDIDATES.--
1569	(a)  Except as provided in paragraph (b), The order of
1570	nonpartisan offices appearing on the ballot shall be determined
1571	by the Department of State. The names of candidates for election
1572	to each nonpartisan office shall be listed in alphabetical
1573	order. With respect to retention of justices and judges, the
1574	question "Shall Justice (or Judge) (name of justice or judge) of
1575	the (name of the court) be retained in office?" shall appear on
1576	the ballot in alphabetical order and thereafter the words "Yes"
1577	and "No."
1578	(b)1.  The names of candidates for the office of circuit
1579	judge shall be listed on the primary election ballot in the
1580	order determined by lot conducted by the director of the
1581	Division of Elections of the Department of State after the close
1582	of the qualifying period.
1583	2.  Candidates who have secured a position on the general
1584	election ballot, after having survived elimination at the
1585	primary election, shall have their names listed in the same
1586	order as on the primary election ballot, notwithstanding the
1587	elimination of any intervening names as a result of the primary
1588	election.
1589	Section 34.  Paragraph (a) of subsection (2) and paragraph
1590	(b) of subsection (8) of section 106.07, Florida Statutes, are
1591	amended to read:
1592	106.07  Reports; certification and filing.--
1593	(2)(a)1.  All reports required of a candidate by this
1594	section shall be filed with the officer before whom the
1595	candidate is required by law to qualify. All candidates who file
1596	with the Department of State shall file their reports pursuant
1597	to s. 106.0705. Except as provided in s. 106.0705, reports shall
1598	be filed not later than 5 p.m. of the day designated; however,
1599	any report postmarked by the United States Postal Service no
1600	later than midnight of the day designated shall be deemed to
1601	have been filed in a timely manner. Any report received by the
1602	filing officer within 5 days after the designated due date that
1603	was delivered by the United States Postal Service shall be
1604	deemed timely filed unless it has a postmark that indicates that
1605	the report was mailed after the designated due date. A
1606	certificate of mailing obtained from and dated by the United
1607	States Postal Service at the time of mailing, or a receipt from
1608	an established courier company, which bears a date on or before
1609	the date on which the report is due, shall be proof of mailing
1610	in a timely manner. Reports shall contain information of all
1611	previously unreported contributions received and expenditures
1612	made as of the preceding Friday, except that the report filed on
1613	the Friday immediately preceding the election shall contain
1614	information of all previously unreported contributions received
1615	and expenditures made as of the day preceding that designated
1616	due date. All such reports shall be open to public inspection.
1617	2.  This subsection does not prohibit the governing body of
1618	a political subdivision, by ordinance or resolution, from
1619	imposing upon its own officers and candidates electronic filing
1620	requirements that do not conflict with s. 106.0705. The
1621	expenditure of public funds for the implementation of such
1622	requirements is deemed to be a valid public purpose.
1623	(8)
1624	(b)  Upon determining that a report is late, the filing
1625	officer shall immediately notify the candidate or chair of the
1626	political committee as to the failure to file a report by the
1627	designated due date and that a fine is being assessed for each
1628	late day. The fine shall be $50 per day for the first 3 days
1629	late and, thereafter, $500 per day for each late day, not to
1630	exceed 25 percent of the total receipts or expenditures,
1631	whichever is greater, for the period covered by the late report.
1632	However, for the reports immediately preceding each primary and
1633	general election, the fine shall be $500 per day for each late
1634	day, not to exceed 25 percent of the total receipts or
1635	expenditures, whichever is greater, for the period covered by
1636	the late report. For reports required under s. 106.141(7), the
1637	fine is $50 per day for each late day, not to exceed 25 percent
1638	of the total receipts or expenditures, whichever is greater, for
1639	the period covered by the late report. Upon receipt of the
1640	report, the filing officer shall determine the amount of the
1641	fine which is due and shall notify the candidate or chair. The
1642	filing officer shall determine the amount of the fine due based
1643	upon the earliest of the following:
1644	1.  When the report is actually received by such officer.
1645	2.  When the report is postmarked.
1646	3.  When the certificate of mailing is dated.
1647	4.  When the receipt from an established courier company is
1648	dated.
1649	5.  When the electronic receipt issued pursuant to s.
1650	106.0705 or other electronic filing system authorized in this
1651	section is dated.
1652
1653	Such fine shall be paid to the filing officer within 20 days
1654	after receipt of the notice of payment due, unless appeal is
1655	made to the Florida Elections Commission pursuant to paragraph
1656	(c). In the case of a candidate, such fine shall not be an
1657	allowable campaign expenditure and shall be paid only from
1658	personal funds of the candidate. An officer or member of a
1659	political committee shall not be personally liable for such
1660	fine.
1661	Section 35.  Effective July 1, 2008, sections 101.573 and
1662	106.082, Florida Statutes, are repealed.
1663	Section 36.  Except as otherwise expressly provided in this
1664	act and except for this section, which shall take effect upon
1665	becoming a law, this act shall take effect January 1, 2009.

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