Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for CS for SB 866, 1st Eng.
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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.