Florida Senate - 2008 SB 1240

By Senator Wise

5-00609A-08 20081240__

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A bill to be entitled

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An act relating to officers and members of political party

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executive committees; amending s. 103.161, F.S.; providing

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for the removal or suspension of an officer or member of

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the state executive committee, a county executive

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committee, or other political organization upon a majority

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vote of the state executive committee rather than at the

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sole discretion of the chair of the state executive

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committee; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 103.161, Florida Statutes, is amended to

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read:

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     103.161  Removal or suspension of officers or members of

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state executive committee or county executive committee.--

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     (1) Upon a determination by a majority vote of the state

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executive committee that an individual has violated his or her

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oath of office or engaged in activities described in subsection

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(2), the chair of the state executive committee is empowered to

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remove or suspend from an office within the chair's political

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party any officer, state committeeman, state committeewoman,

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county committeeman, county committeewoman, precinct

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committeeman, precinct committeewoman, or other member of a state

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executive committee, county executive committee, political party

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club, or other organization using the political party name as

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provided in s. 103.081 for a violation of the oath of office

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taken by such individual or for engaging in other activities

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described in this section.

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     (2)  Such violation may include engaging in activities that

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have or could have injured the name or status of the political

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party or interfered with the activities of the political party.

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The chair has sole discretion to determine if a violation

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occurred.

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     (3) Upon a the chair's determination that a violation of

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the oath of office occurred or that an individual engaged in

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other activities described in subsection (2) this section, the

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chair may remove or suspend the individual from his or her

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office. If the chair removes the individual from office, the

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office shall be deemed vacant upon the delivery of the chair's

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written order of removal to the individual. When a vacancy in

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office is created, the chair shall appoint an individual to serve

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through the end of the term of the office. If the chair suspends

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the individual, the chair shall determine the length of the

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suspension.

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     (4)  An individual removed from office by the chair shall

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not be eligible to serve on the state executive committee or any

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county executive committee of the political party for a period of

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no less than 4 years from the effective date of the removal.

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     Section 2.  This act shall take effect July 1, 2008.

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