Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 866, 1st Eng.

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CHAMBER ACTION

Senate

Floor: WD/3R

4/24/2008 10:40 AM

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House



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Senator Lynn moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 383-461

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and insert:

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     (8) A law enforcement officer is not required to resign his

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or her law enforcement office upon qualifying as a candidate for

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public office or election to public office unless the officer is

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seeking a public office currently held by an officer who has

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authority to appoint, employ, promote, or otherwise supervise

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that person and who has qualified as a candidate for reelection

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to that office. This chapter does not prohibit a subordinate

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officer, deputy sheriff, or police officer from being reinstated

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to duty if he or she is unsuccessful in seeking public office.

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     Section 10.  Paragraph (a) of subsection (1) of section

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99.021, Florida Statutes, is amended to read:

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     99.021  Form of candidate oath.--

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     (1)(a)1.  Each candidate, whether a party candidate, a

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candidate with no party affiliation, or a write-in candidate, in

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order to qualify for nomination or election to any office other

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than a judicial office as defined in chapter 105 or a federal

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office, shall take and subscribe to an oath or affirmation in

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writing. A printed copy of the oath or affirmation shall be

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furnished to the candidate by the officer before whom such

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candidate seeks to qualify and shall be substantially in the

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following form:

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State of Florida

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County of_____

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     Before me, an officer authorized to administer oaths,

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personally appeared   (please print name as you wish it to appear

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on the ballot)  , to me well known, who, being sworn, says that

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he or she is a candidate for the office of _____; that he or she

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is a qualified elector of _____ County, Florida; that he or she

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is qualified under the Constitution and the laws of Florida to

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hold the office to which he or she desires to be nominated or

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elected; that he or she has taken the oath required by ss.

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876.05-876.10, Florida Statutes; that he or she has qualified for

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no other public office in the state, the term of which office or

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any part thereof runs concurrent with that of the office he or

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she seeks; and that he or she has resigned from any office from

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which he or she is required to resign pursuant to s. 99.012,

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Florida Statutes.

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  (Signature of candidate)  

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  (Address)  

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Sworn to and subscribed before me this _____ day of _____,  

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(year)  , at _____ County, Florida.

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  (Signature and title of officer administering oath)  

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     2.  Each candidate for federal office, whether a party

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candidate, a candidate with no party affiliation, or a write-in

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candidate, in order to qualify for nomination or election to

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office shall take and subscribe to an oath or affirmation in

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writing. A printed copy of the oath or affirmation shall be

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furnished to the candidate by the officer before whom such

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candidate seeks to qualify and shall be substantially in the

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following form:

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State of Florida

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County of _____

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     Before me, an officer authorized to administer oaths,

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personally appeared   (please print name as you wish it to appear

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on the ballot)  , to me well known, who, being sworn, says that

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he or she is a candidate for the office of _____; that he or she

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is qualified under the Constitution and laws of the United States

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to hold the office to which he or she desires to be nominated or

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elected; and that he or she has qualified for no other public

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office in the state, the term of which office or any part thereof

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runs concurrent with that of the office he or she seeks; and that

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he or she has resigned from any office from which he or she is

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required to resign pursuant to s. 99.012, Florida Statutes.

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  (Signature of candidate)  

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  (Address)  

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Sworn to and subscribed before me this _____ day of _____,  

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(year)  , at _____ County, Florida.

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  (Signature and title of officer administering oath)

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     Section 11.  Paragraph (a) of subsection (2) of section

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99.095, Florida Statutes, is amended, and subsection (6) is added

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to that section, to read:

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     99.095  Petition process in lieu of a qualifying fee and

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party assessment.--

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     (2)(a)  Except as provided in paragraph (b), a candidate

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must obtain the number of signatures of voters in the

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geographical area represented by the office sought equal to at

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least 1 percent of the total number of registered voters of that

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geographical area, as shown by the compilation by the department

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for the immediately preceding general election. Signatures may

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not be obtained until the candidate has filed the appointment of

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campaign treasurer and designation of campaign depository

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pursuant to s. 106.021 and are valid only for the qualifying

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period immediately following such filings.

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     (6) If a candidate obtains at least 50 percent but less

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than 100 percent of the required number of signatures set forth

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in this section, the candidate may pay a pro rata portion of the

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qualifying fee required pursuant to s. 99.092.

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete line 364

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and insert:

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are amended, and subsection (8) is added to that section, to

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read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 30-34

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and insert:

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seeking any federal public office; authorizing a law

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enforcement officer to qualify as a candidate for public

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office without resigning his or her law enforcement

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position; providing an exception; providing for

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reinstatement to the law enforcement office; amending s.

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99.021, F.S.; deleting a resignation statement from the

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qualifying oath for candidates for federal office;

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amending s. 99.095, F.S.; authorizing a candidate to pay a

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pro rata portion of the qualifying fee under certain

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conditions; amending s. 100.221, F.S.; providing

4/24/2008  8:43:00 AM     7-08539-08

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