Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 866

417782

CHAMBER ACTION

Senate

Comm: RCS

4/1/2008

House

The Committee on Ethics and Elections (Constantine) recommended

the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Subsection (15) of section 97.012, Florida

Statutes, is amended to read:

97.012 Secretary of State as chief election officer.--The

Secretary of State is the chief election officer of the state,

and it is his or her responsibility to:

(15) Conduct preliminary investigations into any

irregularities or fraud involving voter registration, voting, or

candidate petition, or issue petition activities and report his

or her findings to the statewide prosecutor or the state attorney

for the judicial circuit in which the alleged violation occurred

for prosecution, if warranted. The Department of State may

prescribe by rule requirements for filing an elections-fraud

complaint and for investigating any such complaint.

Section 2. Paragraph (b) of subsection (1) of section

97.041, Florida Statutes, is amended to read:

97.041 Qualifications to register or vote.--

(1)

(b) A person who is otherwise qualified may preregister on

or after that person's 16th 17th birthday or receipt of a valid

Florida driver's license, whichever occurs earlier, and may vote

in any election occurring on or after that person's 18th

birthday.

Section 3. Effective upon this act becoming a law,

subsection (6) of section 97.053, Florida Statutes, is amended to

read:

97.053 Acceptance of voter registration applications.--

(6) A voter registration application may be accepted as

valid only after the department has verified the authenticity or

nonexistence of the driver's license number, the Florida

identification card number, or the last four digits of the social

security number provided by the applicant. If a completed voter

registration application has been received by the book-closing

deadline but the driver's license number, the Florida

identification card number, or the last four digits of the social

security number provided by the applicant cannot be verified, the

applicant shall be notified that the number cannot be verified

application is incomplete and that the applicant voter must

provide evidence to the supervisor sufficient to verify the

authenticity of the applicant's driver's license number, Florida

identification card number, or last four digits of the social

security number provided on the application. If the applicant

voter provides the necessary evidence, the supervisor shall place

the applicant's voter's name on the registration rolls as an

active voter. If the applicant voter has not provided the

necessary evidence or the number has not otherwise been verified

prior to the applicant presenting himself or herself to vote, the

applicant shall be provided a provisional ballot. The provisional

ballot shall be counted only if the number application is

verified by the end of the canvassing period or if the applicant

presents evidence to the supervisor of elections sufficient to

verify the authenticity of the applicant's driver's license

number, Florida identification card number, or last four digits

of the social security number provided on the application no

later than 5 p.m. of the second day following the election.

Section 4. Paragraph (a) of subsection (3) of section

97.0535, Florida Statutes, is amended to read:

97.0535 Special requirements for certain applicants.--

(3)(a) The following forms of identification shall be

considered current and valid if they contain the name and

photograph of the applicant and have not expired:

1. United States passport.

2. Employee badge or identification.

3. Buyer's club identification.

2.4. Debit or credit card.

3.5. Military identification.

4.6. Student identification.

5.7. Retirement center identification.

6.8. Neighborhood association identification.

7.9. Public assistance identification.

Section 5. Subsection (1) of section 97.055, Florida

Statutes, is amended to read:

97.055 Registration books; when closed for an election.--

(1)(a) The registration books must be closed on the 29th

day before each election and must remain closed until after that

election. If an election is called and there are fewer than 29

days before that election, the registration books must be closed

immediately.

(b) Except as provided in paragraph (c), when the

registration books are closed for an election, updates to a

voter's name, address, and signature pursuant to ss. 98.077 and

101.045 shall be the only changes permitted for purposes of the

upcoming election. New voter registration applications and party

changes must be accepted but only for the purpose of subsequent

elections.

election, an update or change to a voter's party affiliation made

pursuant to s. 97.1031 shall be permitted for that upcoming

election unless such election is for the purpose of nominating a

political party nominee, in which case the update or change shall

be permitted only for the purpose of subsequent elections.

Section 6. Subsection (4) of section 98.065, Florida

Statutes, is amended to read:

98.065 Registration list maintenance programs.--

100

(4)(a) If the supervisor receives change-of-address

101

information pursuant to the activities conducted in subsection

102

(2), from jury notices signed by the voter and returned to the

103

courts, from the Department of Highway Safety and Motor Vehicles,

104

or from other sources, which information indicates that the legal

105

address of a registered voter's legal residence voter might have

106

changed to another location within the state, the supervisor must

107

change the registration records to reflect the new address and

108

must shall send the voter by forwardable return-if-undeliverable

109

mail an address change confirmation notice as provided in s.

110

98.0655(2) to the address at which the voter was last registered.

111

A supervisor may also send an address confirmation notice to any

112

voter who the supervisor has reason to believe has moved from his

113

or her legal residence.

114

(b) If the supervisor of elections receives change-of-

115

address information pursuant to the activities conducted in

116

subsection (2), from jury notices signed by the voter and

117

returned to the courts, or from other sources which indicates

118

that a registered voter's legal residence might have changed to a

119

location outside the state, the supervisor of elections shall

120

send an address confirmation final notice to the voter as

121

provided in s. 98.0655(3). The address confirmation notice shall

122

contain a postage prepaid, preaddressed return form on which:

123

1. If the voter has changed his or her address of legal

124

residence to a location outside the state, the voter shall mark

125

that the voter's legal residence has changed to a location

126

outside the state. The form shall also include information on how

127

to register in the new state in order to be eligible to vote. The

128

form must be returned within 30 days after the date of the

129

notice. The completed form shall constitute a request to be

130

removed from the statewide voter registration system.

131

2. If the voter has changed his or her address of legal

132

residence to a location inside the state, the voter shall set

133

forth the updated or corrected address and submit the return form

134

within 30 days after the date of the notice. The completed form

135

shall constitute a request to update the statewide voter

136

registration system with the updated or corrected address

137

information.

138

3. If the voter has not changed his or her address of legal

139

residence as printed on the address confirmation notice, the

140

voter shall confirm that his or her address of legal residence

141

has not changed and submit the form within 30 days after the date

142

of the notice.

143

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who have been sent an address confirmation final notice and who

145

have not returned the postage prepaid, preaddressed return form

146

within 30 days or for which the final an address confirmation

147

notice has been returned as undeliverable. Names on the inactive

148

list may not be used to calculate the number of signatures needed

149

on any petition. A voter on the inactive list may be restored to

150

the active list of voters upon the voter updating his or her

151

registration, requesting an absentee ballot, or appearing to

152

vote. However, if the voter does not update his or her voter

153

registration information, request an absentee ballot, or vote by

154

the second general election after being placed on the inactive

155

list, the voter's name shall be removed from the statewide voter

156

registration system and the voter shall be required to reregister

157

to have his or her name restored to the statewide voter

158

registration system.

159

Section 7. Section 98.0655, Florida Statutes, is created to

160

read:

161

98.0655 Registration list maintenance forms.--The

162

department shall prescribe registration list maintenance forms to

163

be used by the supervisors which must include:

164

(1) An address confirmation request that must contain:

165

(a) The voter's name and address of legal residence as

166

shown on the voter registration record; and

167

(b) A request that the voter notify the supervisor if

168

either the voter's name or address of legal residence is

169

incorrect.

170

(2) An address change notice that must be sent to the newly

171

recorded address of legal residence by forwardable mail,

172

including a postage prepaid, preaddressed return form with which

173

the voter may verify or correct the voter's new address

174

information.

175

(3) An address confirmation final notice that must be sent

176

to the newly recorded address of legal residence by forwardable

177

mail and must contain a postage prepaid, preaddressed return form

178

and a statement that:

179

(a) If the voter has not changed his or her legal residence

180

or has changed his or her legal residence within the state, the

181

voter should return the form within 30 days after the date on

182

which the notice was sent to the voter.

183

(b) If the voter has changed his or her legal residence to

184

a location outside the state:

185

1. The voter shall return the form, which serves as a

186

request to be removed from the registration books; and

187

2. The voter shall be provided with information on how to

188

189

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shall be designated as inactive in the statewide voter

191

registration system.

192

Section 8. Effective July 1, 2008, subsection (3) of

193

section 98.075, Florida Statutes, is amended to read:

194

98.075 Registration records maintenance activities;

195

ineligibility determinations.--

196

(3) DECEASED PERSONS.--The department shall identify those

197

registered voters who are deceased by comparing information on

198

the lists of deceased persons received from the Department of

199

Health as provided in s. 98.093. Upon receipt of such information

200

through the statewide voter registration system, the supervisor

201

shall remove the name of the registered voter. Additionally, the

202

supervisor shall remove the name of a deceased registered voter

203

from the statewide voter registration system upon receipt of a

204

copy of a death certificate issued by a governmental agency

205

authorized to issue death certificates.

206

Section 9. Subsection (2), paragraph (a) of subsection (3),

207

and subsections (6) and (7) of section 99.012, Florida Statutes,

208

are amended to read:

209

99.012 Restrictions on individuals qualifying for public

210

office.--

211

(2) No person may qualify as a candidate for more than one

212

public office, whether federal, state, district, county, or

213

municipal, if the terms or any part thereof run concurrently with

214

each other.

215

(3)(a) No officer may qualify as a candidate for another

216

public office, whether state, district, county, or municipal

217

public office, if the terms or any part thereof run concurrently

218

with each other, without resigning from the office he or she

219

presently holds.

220

(6) This section does not apply to:

221

(a) Political party offices.

222

(b) Persons serving without salary as members of an

223

appointive board or authority.

224

225

(7) Nothing contained in subsection subsections (3) and (4)

226

relates to persons holding any federal office.

227

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

228

99.021, Florida Statutes, is amended to read:

229

99.021 Form of candidate oath.--

230

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

231

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

232

order to qualify for nomination or election to any office other

233

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

234

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

235

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

236

furnished to the candidate by the officer before whom such

237

candidate seeks to qualify and shall be substantially in the

238

following form:

239

240

State of Florida

241

County of_____

242

Before me, an officer authorized to administer oaths,

243

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

244

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

245

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

246

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

247

is qualified under the Constitution and the laws of Florida to

248

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

249

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

250

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

251

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

252

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

253

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

254

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

255

Florida Statutes.

256

(Signature of candidate)

257

(Address)

258

259

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

260

(year) , at _____ County, Florida.

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(Signature and title of officer administering oath)

262

263

2. Each candidate for federal office, whether a party

264

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

265

candidate, in order to qualify for nomination or election to

266

office shall take and subscribe to an oath or affirmation in

267

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

268

furnished to the candidate by the officer before whom such

269

candidate seeks to qualify and shall be substantially in the

270

following form:

271

272

State of Florida

273

County of _____

274

Before me, an officer authorized to administer oaths,

275

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

276

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

277

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

278

is qualified under the Constitution and laws of the United States

279

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

280

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

281

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

282

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

283

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

284

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

285

(Signature of candidate)

286

(Address)

287

288

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

289

(year) , at _____ County, Florida.

290

(Signature and title of officer administering oath)

291

292

293

Section 11. Paragraph (b) of subsection (3) of section

294

99.097, Florida Statutes, is amended to read:

295

99.097 Verification of signatures on petitions.--

296

(3)

297

(b) If a voter signs a petition and lists an address other

298

than the legal residence where the voter is registered, the

299

petition shall not be counted. The supervisor shall mail to the

300

voter a new voter registration application on which the voter may

301

submit an address update, along with the reason the new

302

application is being sent treat the signature as if the voter had

303

listed the address where the voter is registered.

304

Section 12. Section 100.221, Florida Statutes, is amended

305

to read:

306

100.221 General election laws to govern bond

307

referenda.--The laws governing the holding of general elections

308

are applicable to bond referenda, except as provided in ss.

309

100.201-100.351. A county, district, or municipality is not

310

required to offer early voting for a bond referendum that is not

311

held in conjunction with a county or state election. The places

312

for voting in a bond referendum shall be the same as the places

313

for voting in general elections, when a bond referendum is held

314

in the county or district; however, but when a bond referendum is

315

held in a municipality, the polling places shall be the same as

316

in other municipal elections.

317

Section 13. Section 100.361, Florida Statutes, is amended

318

to read:

319

100.361 Municipal recall.--

320

(1) APPLICATION; DEFINITION RECALL PETITION.--Any member of

321

the governing body of a municipality or charter county,

322

hereinafter referred to in this section as "municipality," may be

323

removed from office by the electors of the municipality. When the

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official represents a district and is elected only by electors

325

residing in that district, only electors from that district are

326

eligible to sign the petition to recall that official and are

327

entitled to vote in the recall election. When the official

328

represents a district and is elected at-large by the electors of

329

the municipality, all electors of the municipality are eligible

330

to sign the petition to recall that official and are entitled to

331

vote in the recall election. Where used in this section, the term

332

"district" shall be construed to mean the area or region of a

333

municipality from which a member of the governing body is elected

334

by the electors from such area or region. Members may be removed

335

from office pursuant to by the procedures provided in this

336

section. This method of removing members of the governing body of

337

a municipality is in addition to any other method provided by

338

state law. following procedure:

339

(2) RECALL PETITION.--

340

(a) Petition content.--A petition shall contain the name of

341

be prepared naming the person sought to be recalled and

342

containing a statement of grounds for recall. The statement of

343

grounds may not exceed in not more than 200 words and the stated

344

grounds are limited solely to those the grounds specified in

345

paragraph (d) (b). If more than one member of the governing body

346

is sought to be recalled, whether such member is elected by the

347

electors of a district or by the electors of the municipality at-

348

large, a separate recall petition shall be prepared for each

349

member sought to be recalled. Upon request, the content of a

350

petition should be, but is not required to be, provided by the

351

proponent in alternative formats.

352

(b) Requisite signatures.--

353

1. In a municipality or district of fewer than 500

354

electors, the petition shall be signed by at least 50 electors or

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by 10 percent of the total number of registered electors of the

356

municipality or district as of the preceding municipal election,

357

whichever is greater.

358

2. In a municipality or district of 500 or more but fewer

359

than 2,000 registered electors, the petition shall be signed by

360

at least 100 electors or by 10 percent of the total number of

361

registered electors of the municipality or district as of the

362

preceding municipal election, whichever is greater.

363

3. In a municipality or district of 2,000 or more but fewer

364

than 5,000 registered electors, the petition shall be signed by

365

at least 250 electors or by 10 percent of the total number of

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registered electors of the municipality or district as of the

367

preceding municipal election, whichever is greater.

368

4. In a municipality or district of 5,000 or more but fewer

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than 10,000 registered electors, the petition shall be signed by

370

at least 500 electors or by 10 percent of the total number of

371

registered electors of the municipality or district as of the

372

preceding municipal election, whichever is greater.

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5. In a municipality or district of 10,000 or more but

374

fewer than 25,000 registered electors, the petition shall be

375

signed by at least 1,000 electors or by 10 percent of the total

376

number of registered electors of the municipality or district as

377

of the preceding municipal election, whichever is greater.

378

6. In a municipality or district of 25,000 or more

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registered electors, the petition shall be signed by at least

380

1,000 electors or by 5 percent of the total number of registered

381

electors of the municipality or district as of the preceding

382

municipal election, whichever is greater.

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Electors of the municipality or district making charges contained

385

in the statement of grounds for recall and those signing the

386

recall petition shall be designated as the "committee." A

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specific person shall be designated in the petition as chair of

388

the committee to act for the committee. Electors of the

389

municipality or district are eligible to sign the petition.

390

Signatures and oaths of witnesses shall be executed as provided

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in paragraph (c). All signatures shall be obtained, as provided

392

in paragraph (e), within a period of 30 days, and all signed and

393

dated petition forms the petition shall be filed at the same

394

time, no later than within 30 days after the date on which the

395

first signature is obtained on the petition.

396

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district making charges contained in the statement of grounds for

398

recall, as well as those signing the recall petition, shall be

399

designated as the recall committee. A specific person shall be

400

designated in the petition as chair of the committee and this

401

person shall act for the committee. The recall committee and the

402

officer being recalled are subject to the provisions of chapter

403

106.

404

(d)(b) Grounds for recall.--The grounds for removal of

405

elected municipal officials shall, for the purposes of this act,

406

be limited to the following and must be contained in the

407

petition:

408

1. Malfeasance;

409

2. Misfeasance;

410

3. Neglect of duty;

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4. Drunkenness;

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5. Incompetence;

413

6. Permanent inability to perform official duties; and

414

7. Conviction of a felony involving moral turpitude.

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(e)(c) Signature process.--Only electors of the

416

municipality or district are eligible to sign the petition. Each

417

elector of the municipality signing a petition shall sign and

418

date his or her name in ink or indelible pencil as registered in

419

the office of the supervisor of elections and shall state on the

420

petition his or her place of residence and voting precinct. Each

421

petition shall contain appropriate lines for each elector's

422

original the signature, printed name, and street address, city,

423

county, voter registration number or date of birth, and date

424

signed. The form shall also contain lines for of the elector and

425

an oath, to be executed by a witness who is to verify thereof,

426

verifying the fact that the witness saw each person sign the

427

counterpart of the petition, that each signature appearing

428

thereon is the genuine signature of the person it purports to be,

429

and that the petition was signed in the presence of the witness

430

on the date indicated.

431

(f)(d) Filing of signed petitions.--All signed petition

432

forms The petition shall be filed at the same time, no later than

433

30 days after the date on which the first signature is obtained

434

on the petition. with the auditor or clerk of the municipality or

435

charter county, or his or her equivalent, hereinafter referred to

436

as clerk, by The person designated as chair of the committee

437

shall file the signed petition forms with the auditor or clerk of

438

the municipality or charter county, or his or her equivalent,

439

hereinafter referred to as "clerk." The petition may not be

440

amended after it is filed with the clerk.

441

(g) Verification of signatures.--

442

1. Immediately after the filing of the petition forms, and,

443

when the petition is filed, the clerk shall submit such forms

444

petition to the county supervisor of elections. No more than 30

445

days after the date on which all petition forms are submitted to

446

the supervisor by the clerk, the supervisor who shall promptly

447

verify the signatures in accordance with s. 99.097, and within a

448

period of not more than 30 days after the petition is filed with

449

the supervisor, determine whether the requisite number of valid

450

signatures has been obtained for the petition contains the

451

required valid signatures. The committee seeking verification of

452

the signatures shall pay in advance to the supervisor the sum of

453

10 cents for each signature checked or the actual cost of

454

checking such signatures, whichever is less. The petition cannot

455

be amended after it is filed with the clerk. The supervisor shall

456

be paid by the persons or committee seeking verification the sum

457

of 10 cents for each name checked.

458

2. Upon filing with the clerk, the petition and all

459

subsequent papers or forms required or permitted to be filed with

460

the clerk in connection with this section must, upon request, be

461

made available in alternative formats by the clerk.

462

3.(e) If the supervisor determines it is determined that

463

the petition does not contain the requisite number of verified

464

and valid required signatures, the clerk shall, upon receipt of

465

such written determination, so certify to the governing body of

466

the municipality or charter county and file the petition without

467

taking further action, and the matter shall be at an end. No

468

additional names may be added to the petition, and the petition

469

shall not be used in any other proceeding.

470

4.(f) If the supervisor determines it is determined that

471

the petition has the requisite number of verified and valid

472

required signatures, then the procedures outlined in subsection

473

(3) must be followed.

474

(3) RECALL PETITION AND DEFENSE.--

475

(a) Notice.--Upon receipt of a written determination that

476

the requisite number of signatures has been obtained, the clerk

477

shall at once serve upon the person sought to be recalled a

478

certified copy of the petition. Within 5 days after service, the

479

person sought to be recalled may file with the clerk a defensive

480

statement of not more than 200 words.

481

(b) Content and preparation.--Within 5 days after the date

482

of receipt of the defensive statement or after the last date a

483

defensive statement could have been filed, the clerk shall,

484

within 5 days, prepare a document entitled "Recall Petition and

485

Defense." The "Recall Petition and Defense" shall consist

486

sufficient number of typewritten, printed, or mimeographed copies

487

of the recall petition, including copies of the originally signed

488

petitions and counterparts. The "Recall Petition and Defense"

489

must contain lines which conform to the provisions of paragraph

490

(2)(e)., and the and defensive statement or, if no defensive

491

statement has been filed, a statement to that effect. The clerk

492

shall make copies of the "Recall Petition and Defense" which are

493

sufficient to carry the signatures of 30 percent of the

494

registered electors. Immediately after preparing and making

495

sufficient copies of the "Recall Petition and Defense," the clerk

496

shall as well as the names, addresses, and oaths on the original

497

petition, and deliver the copies them to the person who has been

498

designated as chair of the committee and take his or her receipt

499

therefor. Such prepared copies shall be entitled "Recall Petition

500

and Defense" and shall contain lines and spaces for signatures

501

and printed names of registered electors, place of residence,

502

election precinct number, and date of signing, together with

503

oaths to be executed by the witnesses which conform to the

504

provisions of paragraph (c). The clerk shall deliver forms

505

sufficient to carry the signatures of 30 percent of the

506

registered electors.

507

(c)(g) Requisite signatures.--Upon receipt of the "recall

508

petition and defense," the committee may circulate them to obtain

509

the signatures of 15 percent of the electors. All signatures

510

shall be obtained and all signed petition forms filed with the

511

clerk no later than 60 days after delivery of the "Recall

512

Petition and Defense" to the chair of the committee. Any elector

513

who signs a recall petition shall have the right to demand in

514

writing that his or her name be stricken from the petition. A

515

written demand signed by the elector shall be filed with the

516

clerk and upon receipt of the demand the clerk shall strike the

517

name of the elector from the petition and place his or her

518

initials to the side of the signature stricken. However, no

519

signature may be stricken after the clerk has delivered the

520

"Recall Petition and Defense" to the supervisor of elections for

521

verification.

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(d)(h) Signed petitions; request for striking name.--Within

523

60 days after delivery of the "Recall Petition and Defense" to

524

the chair, the chair shall file with the clerk the "Recall

525

Petition and Defense" which bears the signatures of electors. The

526

clerk shall assemble all signed petitions, check to see that each

527

petition is properly verified by the oath of a witness, and

528

submit such petitions to the county supervisor of elections. Any

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elector who signs a recall petition has the right to demand in

530

writing that his or her name be stricken from the petition. A

531

written demand signed by the elector shall be filed with the

532

clerk and upon receipt of the demand, the clerk shall strike the

533

name of the elector from the petition and place his or her

534

initials to the side of the signature stricken. However, a

535

signature may not be stricken after the clerk has delivered the

536

"Recall Petition and Defense" to the supervisor for verification

537

of the signatures.

538

(e) Verification of signatures.--Within 30 days after

539

receipt of the signed "Recall Petition and Defense," the

540

supervisor, who shall determine the number of valid signatures,

541

purge the names withdrawn, and certify within 30 days whether 15

542

percent of the qualified electors of the municipality have signed

543

the petitions, and report his or her findings to the governing

544

body. The supervisor shall be paid by the persons or committee

545

seeking verification the sum of 10 cents for each name checked.

546

(f)(i) Reporting.--If the supervisor determines that the

547

requisite number of signatures has not been obtained petitions do

548

not contain the required signatures, the clerk shall, upon

549

receipt of such written determination, certify report such

550

determination fact to the governing body and retain file the

551

petitions., The proceedings shall be terminated, and the

552

petitions shall not again be used. If the supervisor determines

553

that signatures do amount to at least 15 percent of the qualified

554

electors signed the petition, the clerk shall, immediately upon

555

receipt of such written determination, serve notice of that

556

determination fact upon the person sought to be recalled and

557

deliver to the governing body a certificate as to the percentage

558

of qualified electors voters who signed.

559

(4)(2) RECALL ELECTION.--If the person designated in the

560

petition files with the clerk, within 5 days after the last-

561

mentioned notice, his or her written resignation, the clerk shall

562

at once notify the governing body of that fact, and the

563

resignation shall be irrevocable. The governing body shall then

564

proceed to fill the vacancy according to the provisions of the

565

appropriate law. In the absence of a resignation, the chief judge

566

of the judicial circuit in which the municipality is located

567

shall fix a day for holding a recall election for the removal of

568

those not resigning. Any such election shall be held not less

569

than 30 days or more than 60 days after the expiration of the 5-

570

day period last-mentioned and at the same time as any other

571

general or special election held within the period; but if no

572

such election is to be held within that period, the judge shall

573

call a special recall election to be held within the period

574

aforesaid.

575

(5)(3) BALLOTS.--The ballots at the recall election shall

576

conform to the following: With respect to each person whose

577

removal is sought, the question shall be submitted: "Shall _____

578

be removed from the office of _____ by recall?" Immediately

579

following each question there shall be printed on the ballots the

580

two propositions in the order here set forth:

581

" (name of person) should be removed from office."

582

" (name of person) should not be removed from office."

583

(6)(4) FILLING OF VACANCIES; SPECIAL ELECTIONS.--

584

(a) If an election is held for the recall of members

585

elected only at-large, candidates to succeed them for the

586

unexpired terms shall be voted upon at the same election and

587

shall be elected in the same manner as provided by the

588

appropriate law for the election of candidates at general

589

elections. Candidates shall not be elected to succeed any

590

particular member. If only one member is removed, the candidate

591

receiving the highest number of votes shall be declared elected

592

to fill the vacancy. If more than one member is removed,

593

candidates equal in number to the number of members removed shall

594

be declared elected to fill the vacancies; and, among the

595

successful candidates, those receiving the greatest number of

596

votes shall be declared elected for the longest terms. Cases of

597

ties, and all other matters not herein specially provided for,

598

shall be determined by the rules governing elections generally.

599

(b) If an election is held for the recall of members

600

elected only from districts, candidates to succeed them for the

601

unexpired terms shall be voted upon at a special election called

602

by the chief judge of the judicial circuit in which the districts

603

are located not less than 30 days or more than 60 days after the

604

expiration of the recall election. The qualifying period, for

605

purposes of this section, shall be established by the chief judge

606

of the judicial circuit after consultation with the clerk. Any

607

candidate seeking election to fill the unexpired term of a

608

recalled district municipal official shall reside in the district

609

represented by the recalled official and qualify for office in

610

the manner required by law. Each candidate receiving the highest

611

number of votes for each office in the special district recall

612

election shall be declared elected to fill the unexpired term of

613

the recalled official. Candidates seeking election to fill a

614

vacancy created by the removal of a municipal official shall be

615

subject to the provisions of chapter 106.

616

617

the governing body composed of both members elected at-large and

618

from districts, candidates to succeed them for the unexpired

619

terms shall be voted upon at a special election as provided in

620

paragraph (b).

621

(d) However, in any recall election held pursuant to

622

paragraph (b) or paragraph (c), if only one member is voted to be

623

removed from office, the vacancy created by the recall shall be

624

filled by the governing body according to the provisions of the

625

appropriate law for filling vacancies.

626

(7)(5) EFFECT OF RESIGNATIONS.--If the member of the

627

governing body being recalled resigns from office prior to the

628

recall election, the remaining members shall fill the vacancy

629

created according to the appropriate law for filling vacancies.

630

If all of the members of the governing body are sought to be

631

recalled and all of the members resign prior to the recall

632

election, the recall election shall be canceled, and a special

633

election shall be called to fill the unexpired terms of the

634

resigning members. If all of the members of the governing body

635

are sought to be recalled and any of the members resign prior to

636

the recall election, the proceedings for the recall of members

637

not resigning and the election of successors to fill the

638

unexpired terms shall continue and have the same effect as though

639

there had been no resignation.

640

(8)(6) WHEN PETITION MAY BE FILED.--No petition to recall

641

any member of the governing body of a municipality shall be filed

642

until the member has served one-fourth of his or her term of

643

office. No person removed by a recall, or resigning after a

644

petition has been filed against him or her, shall be eligible to

645

be appointed to the governing body within a period of 2 years

646

after the date of such recall or resignation.

647

(9) RETENTION OF PETITION.--The clerk shall preserve in his

648

or her office all papers comprising or connected with a petition

649

for recall for a period of 2 years after they were filed. This

650

method of removing members of the governing body of a

651

municipality is in addition to such other methods now or

652

hereafter provided by the general laws of this state.

653

(10)(7) OFFENSES RELATING TO PETITIONS.--No person shall

654

impersonate another, purposely write his or her name or residence

655

falsely in the signing of any petition for recall or forge any

656

name thereto, or sign any paper with knowledge that he or she is

657

not a qualified elector of the municipality. No expenditures for

658

campaigning for or against an officer being recalled shall be

659

made until the date on which the recall election is to be held is

660

publicly announced. The committee and the officer being recalled

661

shall be subject to chapter 106. No person shall employ or pay

662

another to accept employment or payment for circulating or

663

witnessing a recall petition. Any person violating any of the

664

provisions of this section commits shall be deemed guilty of a

665

misdemeanor of the second degree and shall, upon conviction, be

666

punished as provided by law.

667

(11)(8) INTENT.--It is the intent of the Legislature that

668

the recall procedures provided in this act shall be uniform

669

statewide. Therefore, all municipal charter and special law

670

provisions which are contrary to the provisions of this act are

671

hereby repealed to the extent of this conflict.

672

(12)(9) PROVISIONS APPLICABLE.--The provisions of this act

673

shall apply to cities and charter counties whether or not they

674

have adopted recall provisions.

675

Section 14. Effective July 1, 2008, subsections (3), (4),

676

and (6) of section 100.371, Florida Statutes, are amended to

677

read:

678

100.371 Initiatives; procedure for placement on ballot.--

679

(3) An initiative petition form circulated for signature

680

may not be bundled with or attached to any other petition. Each

681

signature shall be dated when made and shall be valid for a

682

period of 4 years following such date, provided all other

683

requirements of law are met. The sponsor shall submit signed and

684

dated forms to the appropriate supervisor of elections for

685

verification as to the number of registered electors whose valid

686

signatures appear thereon. The supervisor shall promptly verify

687

the signatures within 30 days of receipt of the petition forms

688

and payment of the fee required by s. 99.097. The supervisor

689

shall promptly record in the statewide voter registration system,

690

in the manner prescribed by the Secretary of State, the date each

691

form is received by the supervisor, and the date the signature on

692

the form is verified as valid. The supervisor may verify that the

693

signature on a form is valid only if:

694

(a) The form contains the original signature of the

695

purported elector.

696

(b) The purported elector has accurately recorded on the

697

form the date on which he or she signed the form.

698

699

name, street address, county, and voter registration number or

700

date of birth.

701

(d) The purported elector is, at the time he or she signs

702

the form, a duly qualified and registered elector authorized to

703

vote in the county in which his or her signature is submitted.

704

705

The supervisor shall retain the signature forms for at least 1

706

year following the election in which the issue appeared on the

707

ballot or until the Division of Elections notifies the

708

supervisors of elections that the committee which circulated the

709

petition is no longer seeking to obtain ballot position.

710

(4) The Secretary of State shall determine from the

711

signatures verified by the supervisors of elections and recorded

712

in the statewide voter registration system the total number of

713

verified valid signatures and the distribution of such signatures

714

by congressional districts. Upon a determination that the

715

requisite number and distribution of valid signatures have been

716

obtained, the secretary shall issue a certificate of ballot

717

position for that proposed amendment and shall assign a

718

designating number pursuant to s. 101.161.

719

(6)(a) An elector's signature on a petition form may be

720

revoked within 150 days of the date on which he or she signed the

721

petition form by submitting to the appropriate supervisor of

722

elections a signed petition-revocation form adopted by rule for

723

this purpose by the division.

724

(b) The petition-revocation form and the manner in which

725

signatures are obtained, submitted, and verified shall be subject

726

to the same relevant requirements and timeframes as the

727

corresponding petition form and processes under this code and

728

shall be approved by the Secretary of State before any signature

729

on a petition-revocation form is obtained.

730

731

form for a corresponding initiative petition has not been

732

submitted and approved, an elector may complete and submit a

733

standard petition-revocation form directly to the supervisor of

734

elections. All other requirements and processes apply for the

735

submission and verification of the signatures as for initiative

736

petitions.

737

(d) Supervisors of elections shall provide petition-

738

revocation forms to the public at all main and branch offices.

739

(e)(d) The petition-revocation form shall be filed with the

740

supervisor of elections by February 1 preceding the next general

741

election or, if the initiative amendment is not certified for

742

ballot position in that election, by February 1 preceding the

743

next successive general election. The supervisor of elections

744

shall promptly verify the signature on the petition-revocation

745

form and process such revocation upon payment, in advance, of a

746

fee of 10 cents or the actual cost of verifying such signature,

747

whichever is less. The supervisor shall promptly record each

748

valid and verified signature on a petition-revocation form in the

749

statewide voter registration system in the manner prescribed by

750

the Secretary of State.

751

(f) The division shall adopt by rule the petition-

752

revocation forms to be used under this subsection.

753

Section 15. Section 101.041, Florida Statutes, is amended

754

to read:

755

101.041 Secret voting.--In all elections held on any

756

subject which may be submitted to a vote, and for all or any

757

state, county, district, or municipal officers, the voting shall

758

be by secret, official ballot printed and distributed as provided

759

by this code, and no vote shall be received or counted in any

760

election, except as prescribed by this code.

761

Section 16. Section 101.045, Florida Statutes, is amended

762

to read:

763

101.045 Electors must be registered in precinct; provisions

764

for change of residence or name change.--

765

(1) No person shall be permitted to vote in any election

766

precinct or district other than the one in which the person has

767

his or her legal residence and in which the person is registered.

768

However, a person temporarily residing outside the county shall

769

be registered in the precinct in which the main office of the

770

supervisor, as designated by the supervisor, is located when the

771

person has no permanent address in the county and it is the

772

person's intention to remain a resident of Florida and of the

773

county in which he or she is registered to vote. Such persons who

774

are registered in the precinct in which the main office of the

775

supervisor, as designated by the supervisor, is located and who

776

are residing outside the county with no permanent address in the

777

county shall not be registered electors of a municipality and

778

therefore shall not be permitted to vote in any municipal

779

election.

780

(2)(a) An elector who moves from the precinct in which the

781

elector is registered may be permitted to vote in the precinct to

782

which he or she has moved his or her legal residence, provided

783

such elector completes an affirmation in substantially the

784

following form:

785

786

Change of Legal Residence of Registered

787

Voter

788

789

Under penalties for false swearing, I, (Name of voter) , swear

790

(or affirm) that the former address of my legal residence was

791

(Address of legal residence) in the municipality of _____, in

792

_____ County, Florida, and I was registered to vote in the _____

793

precinct of _____ County, Florida; that I have not voted in the

794

precinct of my former registration in this election; that I now

795

reside at (Address of legal residence) in the Municipality of

796

_____, in _____ County, Florida, and am therefore eligible to

797

vote in the _____ precinct of _____ County, Florida; and I

798

further swear (or affirm) that I am otherwise legally registered

799

and entitled to vote.

800

801

(Signature of voter whose address of legal residence has

802

changed)

803

(b) An elector whose name changes because of marriage or

804

other legal process may be permitted to vote, provided such

805

elector completes an affirmation in substantially the following

806

form:

807

808

Change of Name of Registered

809

Voter

810

811

Under penalties for false swearing, I, (New name of voter) ,

812

swear (or affirm) that my name has been changed because of

813

marriage or other legal process. My former name and address of

814

legal residence appear on the registration records of precinct

815

_____ as follows:

816

Name

817

Address

818

Municipality

819

County

820

Florida, Zip

821

My present name and address of legal residence are as follows:

822

Name

823

Address

824

Municipality

825

County

826

Florida, Zip

827

and I further swear (or affirm) that I am otherwise legally

828

registered and entitled to vote.

829

830

(Signature of voter whose name has changed)

831

832

or paragraph (b), an elector may complete a voter registration

833

application that indicates the change of name or change of

834

address of legal residence.

835

(d) Such affirmation or application, when completed and

836

presented at the precinct in which such elector is entitled to

837

vote, and upon verification of the elector's registration, shall

838

entitle such elector to vote as provided in this subsection. If

839

the elector's eligibility to vote cannot be determined, he or she

840

shall be entitled to vote a provisional ballot, subject to the

841

requirements and procedures in s. 101.048. Upon receipt of an

842

affirmation or application certifying a change in address of

843

legal residence or name, the supervisor shall as soon as

844

practicable make the necessary changes in the statewide voter

845

registration system to indicate the change in address of legal

846

residence or name of such elector.

847

(d) Instead of the affirmation contained in paragraph (a)

848

or paragraph (b), an elector may complete a voter registration

849

application that indicates the change of name or change of

850

address of legal residence.

851

Section 17. Section 101.111, Florida Statutes, is amended

852

to read:

853

101.111 Person desiring to vote may be challenged;

854

challenger to execute oath; oath of person challenged;

855

determination of challenge.--

856

(1)(a) Any registered elector or poll watcher of a county

857

may challenge the right of a person to vote in that county. When

858

the right to vote of any person who desires to vote is challenged

859

by any elector or poll watcher, The challenge must be in shall be

860

reduced to writing and contain the following oath with an oath as

861

provided in this section, giving reasons for the challenge, which

862

shall be delivered to the clerk or inspector. Any elector or poll

863

watcher challenging the right of a person to vote shall execute

864

the oath set forth below:

865

866

OATH OF PERSON ENTERING CHALLENGE

867

868

State of Florida

869

County of _____

870

871

I do solemnly swear or affirm that my name is _____; that I am a

872

member of the _____ Party; that I am a registered voter or

873

pollwatcher; that my residence address is _____, in the

874

municipality of _____; and that I have reason to believe that

875

_____ is attempting to vote illegally and the reasons for my

876

belief are set forth herein to wit:

877

(Signature of person challenging voter)

878

879

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

880

(year) .

881

(Clerk of election)

882

(b)(2) The clerk or inspector shall immediately deliver to

883

the challenged person a copy of the oath of the person entering

884

the challenge, and the challenged voter shall be allowed to cast

885

a provisional ballot in accordance with s. 101.048.

886

(c)(3) Alternatively, a challenge in accordance with this

887

section may be filed in advance with the supervisor of elections

888

no Any elector or poll watcher may challenge the right of any

889

voter to vote not sooner than 30 days before an election by

890

filing a completed copy of the oath contained in subsection (1)

891

to the supervisor of election's office. The supervisor shall

892

promptly provide the election board in the challenged voter's

893

precinct with a copy of the oath of the person entering the

894

challenge. The challenged voter shall be allowed permitted to

895

cast a provisional ballot in accordance with s. 101.048.

896

(2)(4) Any elector or poll watcher filing a frivolous

897

challenge of any person's right to vote commits a misdemeanor of

898

the first degree, punishable as provided in s. 775.082 or s.

899

775.083; however, electors or poll watchers shall not be subject

900

to liability for any action taken in good faith and in

901

furtherance of any activity or duty permitted of such electors or

902

poll watchers by law. Each instance where any elector or poll

903

watcher files a frivolous challenge of any person's right to vote

904

constitutes a separate offense.

905

Section 18. Section 101.23, Florida Statutes, is amended to

906

read:

907

101.23 Election inspector to keep list of those voting.--

908

(1) When any person has been admitted to vote, the person's

909

name shall be checked by the clerk or one of the inspectors at

910

the place indicated upon the registration books or voter history

911

form provided by the supervisor. One of the inspectors shall, at

912

the same time, keep a poll list containing names of electors who

913

have voted or a list of registered electors, on which those

914

electors who have voted are indicated. Such lists shall be

915

available for inspection during regular voting hours by poll

916

watchers designated and appointed pursuant to s. 101.131, except

917

that the election inspector may regulate access to the lists so

918

as to ensure that such inspection does not unreasonably interfere

919

with the orderly operation of the polling place.

920

(2) The inspectors shall prevent any person from voting a

921

second time when they have reason to believe that the person has

922

voted. They shall refuse to allow any person to vote who is not a

923

qualified elector or who has become disqualified to vote in the

924

precinct, and may prevent any elector from consuming more than 5

925

minutes in voting.

926

Section 19. Effective July 1, 2008, subsection (1) of

927

section 101.51, Florida Statutes, is amended to read:

928

101.51 Electors to occupy booth alone.--

929

(1) When the elector presents himself or herself to vote,

930

an the election official shall ascertain whether the elector's

931

name is upon the register of electors, and, if the elector's name

932

appears and no challenge interposes, or, if interposed, be not

933

sustained, one of the election official officials stationed at

934

the entrance shall announce the name of the elector and permit

935

the elector him or her to enter the booth or compartment to cast

936

his or her vote, allowing only one elector at a time to pass

937

through to vote. An elector, while casting his or her ballot, may

938

not occupy a booth or compartment already occupied or speak with

939

anyone, except as provided by s. 101.051.

940

Section 20. Effective July 1, 2008, paragraph (a) of

941

subsection (2) of section 101.5608, Florida Statutes, is amended

942

to read:

943

101.5608 Voting by electronic or electromechanical method;

944

procedures.--

945

(2) When an electronic or electromechanical voting system

946

utilizes a ballot card or marksense ballot, the following

947

procedures shall be followed:

948

(a) After receiving a ballot from an inspector, the elector

949

shall, without leaving the polling place, retire to a booth or

950

compartment and mark the ballot. After marking preparing his or

951

her ballot, the elector shall place the ballot in a secrecy

952

envelope with the stub exposed or shall fold over that portion on

953

which write-in votes may be cast, as instructed, so that the

954

ballot will be deposited in the tabulator ballot box without

955

exposing the voter's choices. Before the ballot is deposited in

956

the ballot box, the inspector shall detach the exposed stub and

957

place it in a separate envelope for audit purposes; when a fold-

958

over ballot is used, the entire ballot shall be placed in the

959

ballot box.

960

Section 21. Effective July 1, 2008, subsection (2) of

961

section 101.6102, Florida Statutes, is amended to read:

962

101.6102 Mail ballot elections; limitations.--

963

(2) Except as provided in s. 101.733(1), the following

964

elections may not be conducted by mail ballot:

965

(a) An election at which any candidate is nominated,

966

elected, retained, or recalled; or

967

(b) An election held on the same date as another election,

968

other than a mail ballot election, in which the qualified

969

electors of that political subdivision are eligible to cast

970

ballots.

971

Section 22. Subsection (2) of section 101.6923, Florida

972

Statutes, is amended to read:

973

101.6923 Special absentee ballot instructions for certain

974

first-time voters.--

975

(2) A voter covered by this section shall be provided with

976

printed instructions with his or her absentee ballot in

977

substantially the following form:

978

979

980

READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.

981

FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

982

COUNT.

983

984

1. In order to ensure that your absentee ballot will be

985

counted, it should be completed and returned as soon as possible

986

so that it can reach the supervisor of elections of the county in

987

which your precinct is located no later than 7 p.m. on the date

988

of the election.

989

2. Mark your ballot in secret as instructed on the ballot.

990

You must mark your own ballot unless you are unable to do so

991

because of blindness, disability, or inability to read or write.

992

3. Mark only the number of candidates or issue choices for

993

a race as indicated on the ballot. If you are allowed to "Vote

994

for One" candidate and you vote for more than one, your vote in

995

that race will not be counted.

996

4. Place your marked ballot in the enclosed secrecy

997

envelope and seal the envelope.

998

5. Insert the secrecy envelope into the enclosed envelope

999

bearing the Voter's Certificate. Seal the envelope and completely

1000

fill out the Voter's Certificate on the back of the envelope.

1001

a. You must sign your name on the line above (Voter's

1002

Signature).

1003

b. If you are an overseas voter, you must include the date

1004

you signed the Voter's Certificate on the line above (Date) or

1005

your ballot may not be counted.

1006

6. Unless you meet one of the exemptions in Item 7., you

1007

must make a copy of one of the following forms of identification:

1008

a. Identification which must include your name and

1009

photograph: United States passport; employee badge or

1010

identification; buyer's club identification card; debit or credit

1011

card; military identification; student identification; retirement

1012

center identification; neighborhood association identification;

1013

or public assistance identification; or

1014

b. Identification which shows your name and current

1015

residence address: current utility bill, bank statement,

1016

government check, paycheck, or government document (excluding

1017

voter identification card).

1018

7. The identification requirements of Item 6. do not apply

1019

if you meet one of the following requirements:

1020

a. You are 65 years of age or older.

1021

b. You have a temporary or permanent physical disability.

1022

c. You are a member of a uniformed service on active duty

1023

who, by reason of such active duty, will be absent from the

1024

county on election day.

1025

d. You are a member of the Merchant Marine who, by reason

1026

of service in the Merchant Marine, will be absent from the county

1027

on election day.

1028

e. You are the spouse or dependent of a member referred to

1029

in paragraph c. or paragraph d. who, by reason of the active duty

1030

or service of the member, will be absent from the county on

1031

election day.

1032

f. You are currently residing outside the United States.

1033

8. Place the envelope bearing the Voter's Certificate into

1034

the mailing envelope addressed to the supervisor. Insert a copy

1035

of your identification in the mailing envelope. DO NOT PUT YOUR

1036

IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR

1037

INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR

1038

BALLOT WILL NOT COUNT.

1039

9. Mail, deliver, or have delivered the completed mailing

1040

envelope. Be sure there is sufficient postage if mailed.

1041

10. FELONY NOTICE. It is a felony under Florida law to

1042

accept any gift, payment, or gratuity in exchange for your vote

1043

for a candidate. It is also a felony under Florida law to vote in

1044

an election using a false identity or false address, or under any

1045

other circumstances making your ballot false or fraudulent.

1046

Section 23. Effective July 1, 2008, section 101.733,

1047

Florida Statutes, is amended to read:

1048

101.733 Election emergency; purpose; elections emergency

1049

contingency plan.--Because of the existing and continuing

1050

possibility of an emergency or common disaster occurring before

1051

or during a regularly scheduled or special election, and in order

1052

to ensure maximum citizen participation in the electoral process

1053

and provide a safe and orderly procedure for persons seeking to

1054

exercise their right to vote, generally to minimize to whatever

1055

degree possible a person's exposure to danger during declared

1056

states of emergency, and to protect the integrity of the

1057

electoral process, it is hereby found and declared to be

1058

necessary to designate a procedure for the emergency suspension

1059

or delay and rescheduling of elections.

1060

(1) The Governor may, upon issuance of an executive order

1061

declaring a state of emergency or impending emergency, suspend

1062

any election, or delay any election, or call for a mail ballot

1063

election. The Governor may take such action independently or at

1064

the request of the Secretary of State, a supervisor of elections

1065

from a county affected by the emergency circumstances, or a

1066

municipal clerk from a municipality affected by the emergency

1067

circumstances.

1068

(2) The Governor, upon consultation with the Secretary of

1069

State, shall reschedule any election suspended or delayed due to

1070

an emergency. The election shall be held within 10 days after the

1071

date of the suspended or delayed election or as soon thereafter

1072

as is practicable. Notice of the election shall be provided in

1073

any reasonable manner to include, where practicable, publication

1074

published at least once in a newspaper of general circulation in

1075

the affected area and, where practicable, broadcast as a public

1076

service announcement on radio and television stations at least 1

1077

week prior to the date the election is to be held.

1078

(3) The Division of Elections of the Department of State

1079

shall adopt, by rule, an elections emergency contingency plan,

1080

which shall contain goals and policies that give specific

1081

direction to state and local elections officials when an election

1082

has been suspended, an election has been or delayed, or a mail

1083

ballot election has been called due to an emergency. The

1084

contingency plan shall be statewide in scope and shall address,

1085

but not be limited to, the following concerns:

1086

(a) Providing a procedure and timelines for state and local

1087

elections officials to follow when an election has been suspended

1088

or delayed or a mail ballot election has been called to ensure

1089

notice of the suspended, delayed, or mail ballot election

1090

suspension or delay to the proper authorities, the electorate,

1091

the communications media, poll workers, and the custodians of

1092

polling places.

1093

(b) Providing a procedure for the orderly conduct of a

1094

rescheduled election or a mail ballot election, whether

1095

municipal, county, district, or statewide in scope; coordinating

1096

those efforts with the appropriate elections official, and the

1097

members of the governing body holding such election, if

1098

appropriate; and working with the appropriate emergency

1099

management officials in determining the safety of existing

1100

polling places or designating additional polling places.

1101

1102

of election returns to the department for elections suspended or

1103

delayed and subsequently rescheduled or for mail ballot elections

1104

under the provisions of ss. 101.731-101.74.

1105

Section 24. Effective July 1, 2008, subsection (3) of

1106

section 101.75, Florida Statutes, is amended to read:

1107

101.75 Municipal elections; change of dates for cause.--

1108

(3) Notwithstanding any provision of local law or municipal

1109

charter, for any municipality whose election is scheduled to be

1110

held in March 2008, the governing body of a the municipality,

1111

notwithstanding any municipal charter provision, may, by

1112

ordinance, move the date of any the general municipal election in

1113

2008 and in each subsequent year that is a multiple of 4 to a the

1114

date concurrent with any statewide or countywide election the

1115

presidential preference primary. The dates for qualifying for the

1116

general municipal election moved by the passage of such an

1117

ordinance shall be specifically provided for in the ordinance and

1118

shall run for no less than 14 days. The term of office for any

1119

elected municipal official shall commence as provided by the

1120

relevant municipal charter or ordinance, and the term of office

1121

for any elected municipal official whose term was due to expire

1122

in March 2008 shall expire as provided by the relevant municipal

1123

charter or ordinance.

1124

Section 25. Effective July 1, 2008, subsection (7) of

1125

section 102.014, Florida Statutes, is amended to read:

1126

102.014 Poll worker recruitment and training.--

1127

(7) The Department of State shall develop a mandatory,

1128

statewide, and uniform program for training poll workers on

1129

issues of etiquette and sensitivity with respect to voters having

1130

a disability. The program must consist of approximately 1 hour of

1131

the required number of hours set forth in paragraph (4)(a). The

1132

program must be conducted locally by each supervisor of

1133

elections, and who shall periodically certify to the Department

1134

of State whether each poll worker must complete has completed the

1135

program before working during the current election cycle. The

1136

supervisor of elections shall contract with a recognized

1137

disability-related organization, such as a center for independent

1138

living, family network on disabilities, deaf service bureau, or

1139

other such organization, to develop and assist with training the

1140

trainers in the disability sensitivity programs. The program must

1141

include actual demonstrations of obstacles confronted by disabled

1142

persons during the voting process, including obtaining access to

1143

the polling place, traveling through the polling area, and using

1144

the voting system.

1145

Section 26. Effective July 1, 2008, paragraph (b) of

1146

subsection (4) of section 102.031, Florida Statutes, is amended

1147

to read:

1148

102.031 Maintenance of good order at polls; authorities;

1149

persons allowed in polling rooms and early voting areas; unlawful

1150

solicitation of voters.--

1151

(4)

1152

(b) For the purpose of this subsection, the terms term

1153

"solicit" or "solicitation" shall include, but not be limited to,

1154

seeking or attempting to seek any vote, fact, opinion, or

1155

contribution; distributing or attempting to distribute any

1156

political or campaign material, leaflet, or handout; conducting a

1157

poll except as specified in this paragraph; seeking or attempting

1158

to seek a signature on any petition; and selling or attempting to

1159

sell any item. The terms "solicit" or "solicitation" shall not be

1160

construed to prohibit exit polling.

1161

Section 27. Effective July 1, 2008, subsection (1) of

1162

section 102.112, Florida Statutes, is amended to read:

1163

102.112 Deadline for submission of county returns to the

1164

Department of State.--

1165

(1) The county canvassing board or a majority thereof shall

1166

file the county returns for the election of a federal or state

1167

officer with the Department of State immediately after

1168

certification of the election results. The returns must contain a

1169

certification by the canvassing board that the board has compared

1170

reconciled the number of persons who voted with the number of

1171

ballots counted and that the certification includes all valid

1172

votes cast in the election.

1173

Section 28. Subsection (2) of section 103.101, Florida

1174

Statutes, is amended to read:

1175

103.101 Presidential preference primary.--

1176

(2)(a) There shall be a Presidential Candidate Selection

1177

Committee composed of the Secretary of State, who shall be a

1178

nonvoting chair; the Speaker of the House of Representatives; the

1179

President of the Senate; the minority leader of each house of the

1180

Legislature; and the chair of each political party required to

1181

have a presidential preference primary under this section.

1182

(b)(a) By October 31 of the year preceding the presidential

1183

preference primary, each political party shall submit to the

1184

Secretary of State a list of its presidential candidates to be

1185

placed on the presidential preference primary ballot or

1186

candidates entitled to have delegates appear on the presidential

1187

preference primary ballot. The Secretary of State shall prepare

1188

and publish a list of the names of the presidential candidates

1189

submitted. The Secretary of State shall submit such list of names

1190

of presidential candidates to the selection committee on the

1191

first Tuesday after the first Monday in November of the year

1192

preceding the presidential preference primary. Each person

1193

designated as a presidential candidate shall have his or her name

1194

appear, or have his or her delegates' names appear, on the

1195

presidential preference primary ballot unless all committee

1196

members of the same political party as the candidate agree to

1197

delete such candidate's name from the ballot.

1198

1199

the first Tuesday after the first Monday in November of the year

1200

preceding the presidential preference primary. The selection

1201

committee shall publicly announce and submit to the Department of

1202

State no later than 5 p.m. on the following day the names of

1203

presidential candidates who shall have their names appear, or who

1204

are entitled to have their delegates' names appear, on the

1205

presidential preference primary ballot. The Department of State

1206

shall immediately notify each presidential candidate designated

1207

by the committee. Such notification shall be in writing, by

1208

registered mail, with return receipt requested.

1209

(b) Any presidential candidate whose name does not appear

1210

on the list submitted to the Secretary of State may request that

1211

the selection committee place his or her name on the ballot. Such

1212

request shall be made in writing to the Secretary of State no

1213

later than the second Tuesday after the first Monday in November

1214

of the year preceding the presidential preference primary.

1215

1216

selection committee reconsider placing the candidate's name on

1217

the ballot, the selection committee will reconvene no later than

1218

the second Thursday after the first Monday in November of the

1219

year preceding the presidential preference primary to reconsider

1220

placing the candidate's name on the ballot. The Department of

1221

State shall immediately notify such candidate of the selection

1222

committee's decision.

1223

Section 29. Paragraph (c) of subsection (3) of section

1224

190.006, Florida Statutes, is amended to read:

1225

190.006 Board of supervisors; members and meetings.--

1226

(3)

1227

1228

electors under this subsection shall conduct their campaigns in

1229

accordance with the provisions of chapter 106 and shall file

1230

qualifying papers and qualify for individual seats in accordance

1231

with s. 99.061. Candidates shall pay a qualifying fee, which

1232

shall consist of a filing fee and an election assessment or, as

1233

an alternative, shall file a petition signed by not less than 1

1234

percent of the registered voters of the district, and take the

1235

oath required in s. 99.021, with the supervisor of elections in

1236

the county affected by such candidacy. The amount of the filing

1237

fee is 3 percent of $4,800; however, if the electors have

1238

provided for compensation pursuant to subsection (8), the amount

1239

of the filing fee is 3 percent of the maximum annual compensation

1240

so provided. The amount of the election assessment is 1 percent

1241

of $4,800; however, if the electors have provided for

1242

compensation pursuant to subsection (8), the amount of the

1243

election assessment is 1 percent of the maximum annual

1244

compensation so provided. The filing fee and election assessment

1245

shall be distributed as provided in s. 105.031(3).

1246

Section 30. Paragraph (a) of subsection (2) and paragraph

1247

(b) of subsection (8) of section 106.07, Florida Statutes, are

1248

amended to read:

1249

106.07 Reports; certification and filing.--

1250

(2)(a)1. All reports required of a candidate by this

1251

section shall be filed with the officer before whom the candidate

1252

is required by law to qualify. All candidates who file with the

1253

Department of State shall file their reports pursuant to s.

1254

106.0705. Except as provided in s. 106.0705, reports shall be

1255

filed not later than 5 p.m. of the day designated; however, any

1256

report postmarked by the United States Postal Service no later

1257

than midnight of the day designated shall be deemed to have been

1258

filed in a timely manner. Any report received by the filing

1259

officer within 5 days after the designated due date that was

1260

delivered by the United States Postal Service shall be deemed

1261

timely filed unless it has a postmark that indicates that the

1262

report was mailed after the designated due date. A certificate of

1263

mailing obtained from and dated by the United States Postal

1264

Service at the time of mailing, or a receipt from an established

1265

courier company, which bears a date on or before the date on

1266

which the report is due, shall be proof of mailing in a timely

1267

manner. Reports shall contain information of all previously

1268

unreported contributions received and expenditures made as of the

1269

preceding Friday, except that the report filed on the Friday

1270

immediately preceding the election shall contain information of

1271

all previously unreported contributions received and expenditures

1272

made as of the day preceding that designated due date. All such

1273

reports shall be open to public inspection.

1274

2. This subsection does not prohibit the governing body of

1275

a political subdivision, by ordinance or resolution, from

1276

imposing upon its own officers and candidates electronic filing

1277

requirements not in conflict with s. 106.0705. Expenditure of

1278

public funds for such purpose is deemed to be for a valid public

1279

purpose.

1280

(8)

1281

(b) Upon determining that a report is late, the filing

1282

officer shall immediately notify the candidate or chair of the

1283

political committee as to the failure to file a report by the

1284

designated due date and that a fine is being assessed for each

1285

late day. The fine shall be $50 per day for the first 3 days late

1286

and, thereafter, $500 per day for each late day, not to exceed 25

1287

percent of the total receipts or expenditures, whichever is

1288

greater, for the period covered by the late report. However, for

1289

the reports immediately preceding each primary and general

1290

election, the fine shall be $500 per day for each late day, not

1291

to exceed 25 percent of the total receipts or expenditures,

1292

whichever is greater, for the period covered by the late report.

1293

For reports required under s. 106.141(7), the fine is $50 per day

1294

for each late day, not to exceed 25 percent of the total receipts

1295

or expenditures, whichever is greater, for the period covered by

1296

the late report. Upon receipt of the report, the filing officer

1297

shall determine the amount of the fine which is due and shall

1298

notify the candidate or chair. The filing officer shall determine

1299

the amount of the fine due based upon the earliest of the

1300

following:

1301

1. When the report is actually received by such officer.

1302

2. When the report is postmarked.

1303

3. When the certificate of mailing is dated.

1304

4. When the receipt from an established courier company is

1305

dated.

1306

5. When the electronic receipt issued pursuant to s.

1307

106.0705 or other electronic filing system authorized in this

1308

section is dated.

1309

1310

Such fine shall be paid to the filing officer within 20 days

1311

after receipt of the notice of payment due, unless appeal is made

1312

to the Florida Elections Commission pursuant to paragraph (c). In

1313

the case of a candidate, such fine shall not be an allowable

1314

campaign expenditure and shall be paid only from personal funds

1315

of the candidate. An officer or member of a political committee

1316

shall not be personally liable for such fine.

1317

Section 31. Except as otherwise expressly provided in this

1318

act and except for this section, which shall take effect upon

1319

becoming a law, this act shall take effect January 1, 2009.

1320

1321

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

1322

And the title is amended as follows:

1323

Delete everything before the enacting clause

1324

and insert:

1325

A bill to be entitled

1326

An act relating to elections; amending s. 97.012, F.S.;

1327

revising provisions relating to the investigative

1328

duties of the Secretary of State; amending s. 97.041,

1329

F.S.; revising requirements for voter preregistration

1330

of minors; amending s. 97.053, F.S.; revising

1331

provisions relating to verification of certain

1332

information on voter registration applications;

1333

amending s. 97.0535, F.S.; revising forms of acceptable

1334

identification for certain voter registration

1335

applicants; amending s. 97.055, F.S.; providing for

1336

change of party affiliation after the closing of the

1337

registration books to apply to an upcoming election

1338

under certain circumstances; amending s. 98.065, F.S.;

1339

revising registration list maintenance provisions;

1340

creating s. 98.0655, F.S.; requiring the Department of

1341

State to prescribe registration list maintenance forms;

1342

providing criteria for such forms; amending s. 98.075,

1343

F.S.; providing for the removal of the name of a

1344

deceased person from the statewide voter registration

1345

system upon receipt by the supervisor of a copy of a

1346

death certificate; amending s. 99.012, F.S.; providing

1347

restrictions on individuals qualifying for public

1348

office; removing an exception from such restrictions

1349

for persons seeking any federal public office; amending

1350

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

1351

the qualifying oath for candidates for federal office;

1352

amending s. 99.097, F.S.; prohibiting the supervisor

1353

from counting a petition if a voter signs the petition

1354

and lists an address other than the legal residence

1355

where the voter is registered; requiring the mailing of

1356

a new voter registration application for an address

1357

update in certain circumstances; amending s. 100.221,

1358

F.S.; providing circumstances under which early voting

1359

is not required; amending s. 100.361, F.S.; revising

1360

provisions relating to the recall of municipal or

1361

charter county officers, recall committees, recall

1362

petitions, recall defense, and offenses related

1363

thereto; amending s. 100.371, F.S.; providing that a

1364

petition form circulated for signatures may not be

1365

bundled with other petitions; deleting requirements

1366

relating to the recording and determination of

1367

signature forms; providing that an elector may complete

1368

and submit a standard petition-revocation form directly

1369

to the supervisor of elections under certain

1370

circumstances; requiring that the division adopt

1371

petition-revocation forms by rule; amending s. 101.041,

1372

F.S.; deleting a requirement for the printing and

1373

distribution of official ballots; amending s. 101.045,

1374

F.S.; authorizing the use of a voter registration

1375

application for a name or address change; amending s.

1376

101.111, F.S.; revising methods by which a person's

1377

right to vote may be challenged; amending s. 101.23,

1378

F.S.; deleting provisions requiring an election

1379

inspector to prevent certain persons from voting;

1380

amending s. 101.51, F.S.; deleting provisions

1381

specifying certain responsibilities of election

1382

officials before allowing electors to enter a booth or

1383

compartment to vote; amending s. 101.5608, F.S.;

1384

revising certain procedures relating to the deposit of

1385

ballots; amending s. 101.6102, F.S.; providing

1386

exceptions to the types of elections that may not be

1387

conducted by mail ballot; amending s. 101.6923, F.S.;

1388

revising forms of acceptable identification for certain

1389

absentee voters; amending s. 101.733, F.S.; authorizing

1390

the Governor to call for a mail ballot election in the

1391

event of a declared state of emergency or an impending

1392

emergency; requiring that the Department of State adopt

1393

rules regarding such election; revising notice

1394

requirements for elections rescheduled due to an

1395

emergency; amending s. 101.75, F.S.; authorizing

1396

municipalities to set by ordinance election dates to

1397

coincide with statewide or countywide elections;

1398

amending s. 102.014, F.S.; revising provisions relating

1399

to the training of poll workers; amending s. 102.031,

1400

F.S.; including the term "solicitation" as an

1401

equivalent of the term "solicit" as it relates to the

1402

unlawful solicitation of voters; providing that such

1403

terms do not prohibit exit polling; amending s.

1404

102.112, F.S.; revising the county canvassing board's

1405

certification requirements for election returns;

1406

amending s. 103.101, F.S.; deleting provisions related

1407

to the placement on the ballot of presidential

1408

candidates whose names do not appear on the list

1409

submitted to the Secretary of State; amending s.

1410

190.006, F.S.; deleting certain fee and assessment

1411

provisions for candidates seeking election to the board

1412

of supervisors of community redevelopment districts;

1413

amending s. 106.07, F.S.; clarifying that political

1414

subdivisions may impose electronic filing requirements

1415

on certain candidates, and that expenditures for such

1416

filing system serve a valid public purpose; providing

1417

effective dates.

3/31/2008 9:59:00 AM 22-05979B-08

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