Florida Senate - 2008 CS for CS for SB 866
By the Committees on Judiciary; Ethics and Elections; and Senator Constantine
590-07901-08 2008866c2
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A bill to be entitled
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An act relating to elections; amending s. 97.012, F.S.;
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revising provisions relating to the investigative duties
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of the Secretary of State; amending s. 97.041, F.S.;
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revising requirements for voter preregistration of minors;
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amending s. 97.053, F.S.; revising provisions relating to
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verification of certain information on voter registration
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applications; amending s. 97.0535, F.S.; revising forms of
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acceptable identification for certain voter registration
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applicants; amending s. 97.055, F.S.; providing for change
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of party affiliation after the closing of the registration
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books to apply to an upcoming election under certain
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circumstances; amending s. 98.065, F.S.; revising
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registration list maintenance provisions; creating s.
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98.0655, F.S.; requiring the Department of State to
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prescribe registration list maintenance forms; providing
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criteria for such forms; amending s. 98.075, F.S.;
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providing for the removal of the name of a deceased person
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from the statewide voter registration system upon receipt
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by the supervisor of a copy of a death certificate;
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providing procedures concerning such removal; amending s.
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98.0981, F.S.; reducing the time by which supervisors of
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elections must electronically transmit certain voter
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history information to the department; requiring the
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department to prepare a detailed report containing
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specified voter information to legislative officers after
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a general election; requiring supervisors of elections to
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collect and submit data to the department after certain
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elections; defining the phrase "all ballots cast";
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requiring the department to compile precinct-level
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statistical data for counties before certain elections;
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amending s. 99.012, F.S.; providing restrictions on
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individuals qualifying for public office; removing an
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exception from such restrictions for persons seeking any
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federal public office; amending s. 99.021, F.S.; deleting
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a resignation statement from the qualifying oath for
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candidates for federal office; amending s. 100.221, F.S.;
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providing circumstances under which early voting is not
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required; amending s. 100.361, F.S.; revising provisions
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relating to the recall of municipal or charter county
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officers, recall committees, recall petitions, recall
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defense, and offenses related thereto; amending s.
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100.371, F.S.; providing that a petition form circulated
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for signatures may not be bundled with other petitions;
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deleting requirements relating to the recording and
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determination of signature forms; providing that an
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elector may complete and submit a standard petition-
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revocation form directly to the supervisor of elections
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under certain circumstances; requiring that the division
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adopt petition-revocation forms by rule; amending s.
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101.041, F.S.; deleting a requirement for the printing and
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distribution of official ballots; amending s. 101.045,
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F.S.; authorizing the use of a voter registration
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application for a name or address change; amending s.
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101.111, F.S.; revising methods by which a person's right
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to vote may be challenged; amending s. 101.23, F.S.;
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deleting provisions requiring an election inspector to
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prevent certain persons from voting; amending s. 101.51,
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F.S.; deleting provisions specifying certain
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responsibilities of election officials before allowing
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electors to enter a booth or compartment to vote; amending
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s. 101.5608, F.S.; revising certain procedures relating to
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the deposit of ballots; repealing s. 101.573, F.S.,
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relating to the reporting of precinct-level election
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results; amending s. 101.6102, F.S.; providing exceptions
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to the types of elections that may not be conducted by
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mail ballot; amending s. 101.6923, F.S.; revising forms of
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acceptable identification for certain absentee voters;
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amending s. 101.733, F.S.; authorizing the Governor to
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call for a mail ballot election in the event of a declared
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state of emergency or an impending emergency; requiring
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that the Department of State adopt rules regarding such
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election; revising notice requirements for elections
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rescheduled due to an emergency; amending s. 101.75, F.S.;
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authorizing municipalities to set by ordinance election
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dates to coincide with statewide or countywide elections;
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amending s. 102.014, F.S.; revising provisions relating to
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the training of poll workers; amending s. 102.031, F.S.;
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including the term "solicitation" as an equivalent of the
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term "solicit" as it relates to the unlawful solicitation
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of voters; providing that such terms do not prohibit exit
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polling; amending s. 102.112, F.S.; revising the county
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canvassing board's certification requirements for election
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returns; amending s. 103.101, F.S.; deleting provisions
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related to the placement on the ballot of presidential
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candidates whose names do not appear on the list submitted
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to the Secretary of State; amending s. 106.021, F.S.;
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removing a campaign finance filing requirement for certain
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candidates; amending s. 106.07, F.S.; clarifying that
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political subdivisions may impose electronic filing
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requirements on certain candidates, and that expenditures
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for such filing system serve a valid public purpose;
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repealing s. 106.082, F.S., relating to campaign
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contribution limitations for candidates for the office of
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Commissioner of Agriculture; amending s. 106.147, F.S.;
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requiring a disclosure statement for certain telephone
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calls; revising provisions requiring authorization from
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the candidate or sponsor for certain telephone calls;
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amending s. 106.24, F.S.; providing that the Florida
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Elections Commission is its own agency head rather than
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the director of the commission; amending s. 190.006, F.S.;
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deleting certain fee and assessment provisions for
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candidates seeking election to the board of supervisors of
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a community redevelopment district; providing effective
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dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (15) of section 97.012, Florida
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Statutes, is amended to read:
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97.012 Secretary of State as chief election officer.--The
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Secretary of State is the chief election officer of the state,
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and it is his or her responsibility to:
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(15) Conduct preliminary investigations into any
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irregularities or fraud involving voter registration, voting, or
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candidate petition, or issue petition activities and report his
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or her findings to the statewide prosecutor or the state attorney
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for the judicial circuit in which the alleged violation occurred
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for prosecution, if warranted. The Department of State may
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prescribe by rule requirements for filing an elections-fraud
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complaint and for investigating any such complaint.
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Section 2. Paragraph (b) of subsection (1) of section
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97.041, Florida Statutes, is amended to read:
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97.041 Qualifications to register or vote.--
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(1)
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(b) A person who is otherwise qualified may preregister on
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or after that person's 16th 17th birthday or receipt of a valid
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Florida driver's license, whichever occurs earlier, and may vote
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in any election occurring on or after that person's 18th
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birthday.
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Section 3. Effective upon this act becoming a law,
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subsection (6) of section 97.053, Florida Statutes, is amended to
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read:
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97.053 Acceptance of voter registration applications.--
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(6) A voter registration application may be accepted as
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valid only after the department has verified the authenticity or
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nonexistence of the driver's license number, the Florida
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identification card number, or the last four digits of the social
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security number provided by the applicant. If a completed voter
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registration application has been received by the book-closing
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deadline but the driver's license number, the Florida
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identification card number, or the last four digits of the social
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security number provided by the applicant cannot be verified, the
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applicant shall be notified that the number cannot be verified
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application is incomplete and that the applicant voter must
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provide evidence to the supervisor sufficient to verify the
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authenticity of the applicant's driver's license number, Florida
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identification card number, or last four digits of the social
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security number provided on the application. If the applicant
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voter provides the necessary evidence, the supervisor shall place
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the applicant's voter's name on the registration rolls as an
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active voter. If the applicant voter has not provided the
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necessary evidence or the number has not otherwise been verified
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prior to the applicant presenting himself or herself to vote, the
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applicant shall be provided a provisional ballot. The provisional
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ballot shall be counted only if the number application is
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verified by the end of the canvassing period or if the applicant
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presents evidence to the supervisor of elections sufficient to
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verify the authenticity of the applicant's driver's license
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number, Florida identification card number, or last four digits
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of the social security number provided on the application no
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later than 5 p.m. of the second day following the election.
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Section 4. Paragraph (a) of subsection (3) of section
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97.0535, Florida Statutes, is amended to read:
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97.0535 Special requirements for certain applicants.--
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(3)(a) The following forms of identification shall be
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considered current and valid if they contain the name and
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photograph of the applicant and have not expired:
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1. United States passport.
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2. Employee badge or identification.
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3. Buyer's club identification.
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2.4. Debit or credit card.
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3.5. Military identification.
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4.6. Student identification.
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5.7. Retirement center identification.
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6.8. Neighborhood association identification.
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7.9. Public assistance identification.
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Section 5. Subsection (1) of section 97.055, Florida
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Statutes, is amended to read:
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97.055 Registration books; when closed for an election.--
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(1)(a) The registration books must be closed on the 29th
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day before each election and must remain closed until after that
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election. If an election is called and there are fewer than 29
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days before that election, the registration books must be closed
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immediately.
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(b) Except as provided in paragraph (c), when the
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registration books are closed for an election, updates to a
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voter's name, address, and signature pursuant to ss. 98.077 and
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101.045 shall be the only changes permitted for purposes of the
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upcoming election. New voter registration applications and party
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changes must be accepted but only for the purpose of subsequent
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elections.
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(c) When the registration books are closed for an upcoming
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election, an update or change to a voter's party affiliation made
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pursuant to s. 97.1031 shall be permitted for that upcoming
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election unless such election is for the purpose of nominating a
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political party nominee, in which case the update or change shall
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be permitted only for the purpose of subsequent elections.
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Section 6. Subsection (4) of section 98.065, Florida
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Statutes, is amended to read:
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98.065 Registration list maintenance programs.--
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(4)(a) If the supervisor receives change-of-address
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information pursuant to the activities conducted in subsection
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(2), from jury notices signed by the voter and returned to the
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courts, from the Department of Highway Safety and Motor Vehicles,
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or from other sources, which information indicates that the legal
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address of a registered voter's legal residence voter might have
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changed to another location within the state, the supervisor must
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change the registration records to reflect the new address and
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must shall send the voter by forwardable return-if-undeliverable
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mail an address change confirmation notice as provided in s.
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98.0655(2) to the address at which the voter was last registered.
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A supervisor may also send an address confirmation notice to any
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voter who the supervisor has reason to believe has moved from his
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or her legal residence.
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(b) If the supervisor of elections receives change-of-
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address information pursuant to the activities conducted in
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subsection (2), from jury notices signed by the voter and
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returned to the courts, or from other sources which indicates
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that a registered voter's legal residence might have changed to a
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location outside the state, the supervisor of elections shall
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send an address confirmation final notice to the voter as
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provided in s. 98.0655(3). The address confirmation notice shall
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contain a postage prepaid, preaddressed return form on which:
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1. If the voter has changed his or her address of legal
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residence to a location outside the state, the voter shall mark
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that the voter's legal residence has changed to a location
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outside the state. The form shall also include information on how
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to register in the new state in order to be eligible to vote. The
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form must be returned within 30 days after the date of the
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notice. The completed form shall constitute a request to be
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removed from the statewide voter registration system.
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2. If the voter has changed his or her address of legal
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residence to a location inside the state, the voter shall set
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forth the updated or corrected address and submit the return form
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within 30 days after the date of the notice. The completed form
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shall constitute a request to update the statewide voter
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registration system with the updated or corrected address
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information.
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3. If the voter has not changed his or her address of legal
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residence as printed on the address confirmation notice, the
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voter shall confirm that his or her address of legal residence
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has not changed and submit the form within 30 days after the date
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of the notice.
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(c) The supervisor must designate as inactive all voters
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who have been sent an address confirmation final notice and who
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have not returned the postage prepaid, preaddressed return form
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within 30 days or for which the final an address confirmation
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notice has been returned as undeliverable. Names on the inactive
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list may not be used to calculate the number of signatures needed
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on any petition. A voter on the inactive list may be restored to
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the active list of voters upon the voter updating his or her
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registration, requesting an absentee ballot, or appearing to
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vote. However, if the voter does not update his or her voter
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registration information, request an absentee ballot, or vote by
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the second general election after being placed on the inactive
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list, the voter's name shall be removed from the statewide voter
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registration system and the voter shall be required to reregister
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to have his or her name restored to the statewide voter
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registration system.
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Section 7. Section 98.0655, Florida Statutes, is created to
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read:
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98.0655 Registration list maintenance forms.--The
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department shall prescribe registration list maintenance forms to
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be used by the supervisors which must include:
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(1) An address confirmation request that must contain:
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(a) The voter's name and address of legal residence as
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shown on the voter registration record; and
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(b) A request that the voter notify the supervisor if
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either the voter's name or address of legal residence is
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incorrect.
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(2) An address change notice that must be sent to the newly
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recorded address of legal residence by forwardable mail,
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including a postage prepaid, preaddressed return form with which
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the voter may verify or correct the voter's new address
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information.
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(3) An address confirmation final notice that must be sent
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to the newly recorded address of legal residence by forwardable
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mail and must contain a postage prepaid, preaddressed return form
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and a statement that:
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(a) If the voter has not changed his or her legal residence
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or has changed his or her legal residence within the state, the
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voter should return the form within 30 days after the date on
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which the notice was sent to the voter.
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(b) If the voter has changed his or her legal residence to
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a location outside the state:
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1. The voter shall return the form, which serves as a
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request to be removed from the registration books; and
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2. The voter shall be provided with information on how to
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register in the new jurisdiction in order to be eligible to vote.
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(c) If the return form is not returned, the voter's name
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shall be designated as inactive in the statewide voter
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registration system.
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Section 8. Effective July 1, 2008, subsection (3) and
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paragraph (a) of subsection (7) of section 98.075, Florida
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Statutes, are amended to read:
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98.075 Registration records maintenance activities;
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ineligibility determinations.--
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(3) DECEASED PERSONS.--The department shall identify those
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registered voters who are deceased by comparing information on
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the lists of deceased persons received from the Department of
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Health as provided in s. 98.093. Upon receipt of such information
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through the statewide voter registration system, the supervisor
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shall remove the name of the registered voter. Additionally, the
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supervisor shall remove the name of a deceased registered voter
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from the statewide voter registration system upon receipt of a
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copy of a death certificate issued by a governmental agency
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authorized to issue death certificates.
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(7) PROCEDURES FOR REMOVAL.--
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(a) If the supervisor receives notice or information
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pursuant to subsections (3)-(6) (4)-(6), the supervisor of the
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county in which the voter is registered shall:
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1. Notify the registered voter of his or her potential
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ineligibility by mail within 7 days after receipt of notice or
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information. The notice shall include:
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a. A statement of the basis for the registered voter's
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potential ineligibility and a copy of any documentation upon
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which the potential ineligibility is based.
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b. A statement that failure to respond within 30 days after
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receipt of the notice may result in a determination of
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ineligibility and in removal of the registered voter's name from
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the statewide voter registration system.
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c. A return form that requires the registered voter to
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admit or deny the accuracy of the information underlying the
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potential ineligibility for purposes of a final determination by
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the supervisor.
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d. A statement that, if the voter is denying the accuracy
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of the information underlying the potential ineligibility, the
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voter has a right to request a hearing for the purpose of
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determining eligibility.
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e. Instructions for the registered voter to contact the
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supervisor of elections of the county in which the voter is
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registered if assistance is needed in resolving the matter.
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f. Instructions for seeking restoration of civil rights
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following a felony conviction, if applicable.
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2. If the mailed notice is returned as undeliverable, the
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supervisor shall publish notice once in a newspaper of general
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circulation in the county in which the voter was last registered.
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The notice shall contain the following:
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a. The voter's name and address.
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b. A statement that the voter is potentially ineligible to
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be registered to vote.
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c. A statement that failure to respond within 30 days after
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the notice is published may result in a determination of
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ineligibility by the supervisor and removal of the registered
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voter's name from the statewide voter registration system.
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d. An instruction for the voter to contact the supervisor
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no later than 30 days after the date of the published notice to
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receive information regarding the basis for the potential
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ineligibility and the procedure to resolve the matter.
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e. An instruction to the voter that, if further assistance
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is needed, the voter should contact the supervisor of elections
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of the county in which the voter is registered.
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3. If a registered voter fails to respond to a notice
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pursuant to subparagraph 1. or subparagraph 2., the supervisor
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shall make a final determination of the voter's eligibility. If
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the supervisor determines that the voter is ineligible, the
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supervisor shall remove the name of the registered voter from the
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statewide voter registration system. The supervisor shall notify
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the registered voter of the supervisor's determination and
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action.
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4. If a registered voter responds to the notice pursuant to
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subparagraph 1. or subparagraph 2. and admits the accuracy of the
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information underlying the potential ineligibility, the
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supervisor shall make a final determination of ineligibility and
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shall remove the voter's name from the statewide voter
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registration system. The supervisor shall notify the registered
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voter of the supervisor's determination and action.
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5. If a registered voter responds to the notice issued
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pursuant to subparagraph 1. or subparagraph 2. and denies the
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accuracy of the information underlying the potential
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ineligibility but does not request a hearing, the supervisor
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shall review the evidence and make a final determination of
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eligibility. If such registered voter requests a hearing, the
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supervisor shall send notice to the registered voter to attend a
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hearing at a time and place specified in the notice. Upon hearing
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all evidence presented at the hearing, the supervisor shall make
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a determination of eligibility. If the supervisor determines that
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the registered voter is ineligible, the supervisor shall remove
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the voter's name from the statewide voter registration system and
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notify the registered voter of the supervisor's determination and
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action.
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Section 9. Effective July 1, 2008, section 98.0981, Florida
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Statutes, is amended to read:
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98.0981 Reports; voting history; statewide voter
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registration system information; precinct-level election results;
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book closing statistics database.--
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(1) VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
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INFORMATION.--
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(a) Within 45 75 days after a general election, or within
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15 days after all supervisors of elections shall transmit to the
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department, in a uniform electronic format specified by the
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department, completely have updated voting voter history
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information for each qualified voter who voted., whichever occurs
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later,
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(b) After receipt of the information in paragraph (a), the
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department shall prepare send to the President of the Senate, the
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Speaker of the House of Representatives, the Senate Minority
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Leader, and the House Minority Leader a report in electronic
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format which contains the following information, separately
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compiled for the primary and general election for all voters
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qualified to vote in either election: of all voter qualified to
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vote in the election or primary. The report shall include for
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each voter
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1. The unique identifier assigned to each qualified voter
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within the statewide voter registration system the code used by
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the department to uniquely identify the voter;
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2. All information provided by each qualified voter on his
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or her in the uniform statewide voter registration application
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pursuant to s. 97.052(2), except that which is what is
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specifically identified as confidential or exempt from public
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records requirements;
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3. Each qualified voter's the date of registration;
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4. Each qualified voter's current state the representative
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district, state senatorial district, and congressional district,
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assigned by the supervisor of elections;
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5. Each qualified voter's current and precinct in which the
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voter resides; and
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6. Voting history as transmitted under paragraph (a) to
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include whether the qualified voter voted at a the precinct
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location, voted during the early voting period by early vote,
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voted by absentee ballot, attempted to vote by absentee ballot
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that was not counted, attempted to vote by provisional ballot
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that was not counted, or did not vote.
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(c) Within 60 days after a general election, the department
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shall send to the President of the Senate, the Speaker of the
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House of Representatives, the Senate Minority Leader, and the
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House Minority Leader a report in electronic format that includes
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all information set forth in paragraph (b).
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(2) PRECINCT-LEVEL ELECTION RESULTS.--Within 45 days after
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the date of a presidential preference primary election, a special
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election, or a general election, the supervisors of elections
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shall collect and submit to the department precinct-level
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election results for the election in a uniform electronic format
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specified by the department. The precinct-level election results
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shall be compiled separately for the primary or special primary
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election that preceded the general or special general election,
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respectively. The results shall specifically include for each
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precinct the aggregate total of all ballots cast for each
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candidate or nominee to fill a national, state, county, or
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district office or proposed constitutional amendment. "All
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ballots cast" means ballots cast by voters who cast a ballot
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whether at a precinct location, by absentee ballot including
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overseas absentee ballots, during the early voting period, or by
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provisional ballot.
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(3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.--After the date
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of book closing but before the date of an election as defined in
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s. 97.021(10) to fill a national, state, county, or district
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office, or to vote on a proposed constitutional amendment, the
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department shall compile the following precinct-level statistical
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data for each county:
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(a) Precinct numbers.
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(b) Total number of active registered voters by party for
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each precinct.
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(4) REPORTS PUBLICLY AVAILABLE.--The department shall also
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make publicly available the reports and results required in
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subsections (1)-(3).
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(5) RULEMAKING.--The department shall adopt rules and
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prescribe forms to carry out the purposes of this section.
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Section 10. Subsection (2), paragraph (a) of subsection
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(3), and subsections (6) and (7) of section 99.012, Florida
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Statutes, are amended to read:
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99.012 Restrictions on individuals qualifying for public
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office.--
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(2) No person may qualify as a candidate for more than one
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public office, whether federal, state, district, county, or
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municipal, if the terms or any part thereof run concurrently with
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each other.
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(3)(a) No officer may qualify as a candidate for another
470
public office, whether state, district, county, or municipal
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public office, if the terms or any part thereof run concurrently
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with each other, without resigning from the office he or she
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presently holds.
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(6) This section does not apply to:
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(a) Political party offices.
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(b) Persons serving without salary as members of an
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appointive board or authority.
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(c) Persons seeking any federal public office.
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(7) Nothing contained in subsection subsections (3) and (4)
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relates to persons holding any federal office.
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Section 11. 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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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)
511
(Address)
512
513
Sworn to and subscribed before me this _____ day of _____,
514
(year) , at _____ County, Florida.
515
(Signature and title of officer administering oath)
516
517
2. Each candidate for federal office, whether a party
518
candidate, a candidate with no party affiliation, or a write-in
519
candidate, in order to qualify for nomination or election to
520
office shall take and subscribe to an oath or affirmation in
521
writing. A printed copy of the oath or affirmation shall be
522
furnished to the candidate by the officer before whom such
523
candidate seeks to qualify and shall be substantially in the
524
following form:
525
526
State of Florida
527
County of _____
528
Before me, an officer authorized to administer oaths,
529
personally appeared (please print name as you wish it to appear
530
on the ballot) , to me well known, who, being sworn, says that
531
he or she is a candidate for the office of _____; that he or she
532
is qualified under the Constitution and laws of the United States
533
to hold the office to which he or she desires to be nominated or
534
elected; and that he or she has qualified for no other public
535
office in the state, the term of which office or any part thereof
536
runs concurrent with that of the office he or she seeks; and that
537
he or she has resigned from any office from which he or she is
538
required to resign pursuant to s. 99.012, Florida Statutes.
539
(Signature of candidate)
540
(Address)
541
542
Sworn to and subscribed before me this _____ day of _____,
543
(year) , at _____ County, Florida.
544
(Signature and title of officer administering oath)
545
546
Section 12. Section 100.221, Florida Statutes, is amended
547
to read:
548
100.221 General election laws to govern bond
549
referenda.--The laws governing the holding of general elections
550
are applicable to bond referenda, except as provided in ss.
552
required to offer early voting for a bond referendum that is not
553
held in conjunction with a county or state election. The places
554
for voting in a bond referendum shall be the same as the places
555
for voting in general elections, when a bond referendum is held
556
in the county or district; however, but when a bond referendum is
557
held in a municipality, the polling places shall be the same as
558
in other municipal elections.
559
Section 13. Section 100.361, Florida Statutes, is amended
560
to read:
561
100.361 Municipal recall.--
562
(1) APPLICATION; DEFINITION RECALL PETITION.--Any member of
563
the governing body of a municipality or charter county,
564
hereinafter referred to in this section as "municipality," may be
565
removed from office by the electors of the municipality. When the
566
official represents a district and is elected only by electors
567
residing in that district, only electors from that district are
568
eligible to sign the petition to recall that official and are
569
entitled to vote in the recall election. When the official
570
represents a district and is elected at-large by the electors of
571
the municipality, all electors of the municipality are eligible
572
to sign the petition to recall that official and are entitled to
573
vote in the recall election. Where used in this section, the term
574
"district" shall be construed to mean the area or region of a
575
municipality from which a member of the governing body is elected
576
by the electors from such area or region. Members may be removed
577
from office pursuant to by the procedures provided in this
578
section. This method of removing members of the governing body of
579
a municipality is in addition to any other method provided by
580
state law. following procedure:
581
(2) RECALL PETITION.--
582
(a) Petition content.--A petition shall contain the name of
583
be prepared naming the person sought to be recalled and
584
containing a statement of grounds for recall. The statement of
585
grounds may not exceed in not more than 200 words and the stated
586
grounds are limited solely to those the grounds specified in
587
paragraph (d) (b). If more than one member of the governing body
588
is sought to be recalled, whether such member is elected by the
589
electors of a district or by the electors of the municipality at-
590
large, a separate recall petition shall be prepared for each
591
member sought to be recalled. Upon request, the content of a
592
petition should be, but is not required to be, provided by the
593
proponent in alternative formats.
594
(b) Requisite signatures.--
595
1. In a municipality or district of fewer than 500
596
electors, the petition shall be signed by at least 50 electors or
597
by 10 percent of the total number of registered electors of the
598
municipality or district as of the preceding municipal election,
599
whichever is greater.
600
2. In a municipality or district of 500 or more but fewer
601
than 2,000 registered electors, the petition shall be signed by
602
at least 100 electors or by 10 percent of the total number of
603
registered electors of the municipality or district as of the
604
preceding municipal election, whichever is greater.
605
3. In a municipality or district of 2,000 or more but fewer
606
than 5,000 registered electors, the petition shall be signed by
607
at least 250 electors or by 10 percent of the total number of
608
registered electors of the municipality or district as of the
609
preceding municipal election, whichever is greater.
610
4. In a municipality or district of 5,000 or more but fewer
611
than 10,000 registered electors, the petition shall be signed by
612
at least 500 electors or by 10 percent of the total number of
613
registered electors of the municipality or district as of the
614
preceding municipal election, whichever is greater.
615
5. In a municipality or district of 10,000 or more but
616
fewer than 25,000 registered electors, the petition shall be
617
signed by at least 1,000 electors or by 10 percent of the total
618
number of registered electors of the municipality or district as
619
of the preceding municipal election, whichever is greater.
620
6. In a municipality or district of 25,000 or more
621
registered electors, the petition shall be signed by at least
622
1,000 electors or by 5 percent of the total number of registered
623
electors of the municipality or district as of the preceding
624
municipal election, whichever is greater.
625
626
Electors of the municipality or district making charges contained
627
in the statement of grounds for recall and those signing the
628
recall petition shall be designated as the "committee." A
629
specific person shall be designated in the petition as chair of
630
the committee to act for the committee. Electors of the
631
municipality or district are eligible to sign the petition.
632
Signatures and oaths of witnesses shall be executed as provided
633
in paragraph (c). All signatures shall be obtained, as provided
634
in paragraph (e), within a period of 30 days, and all signed and
635
dated petition forms the petition shall be filed at the same
636
time, no later than within 30 days after the date on which the
637
first signature is obtained on the petition.
638
(c) Recall committee.--Electors of the municipality or
639
district making charges contained in the statement of grounds for
640
recall, as well as those signing the recall petition, shall be
641
designated as the recall committee. A specific person shall be
642
designated in the petition as chair of the committee and this
643
person shall act for the committee. The recall committee and the
644
officer being recalled are subject to the provisions of chapter
645
106.
646
(d)(b) Grounds for recall.--The grounds for removal of
647
elected municipal officials shall, for the purposes of this act,
648
be limited to the following and must be contained in the
649
petition:
650
1. Malfeasance;
651
2. Misfeasance;
652
3. Neglect of duty;
653
4. Drunkenness;
654
5. Incompetence;
655
6. Permanent inability to perform official duties; and
656
7. Conviction of a felony involving moral turpitude.
657
(e)(c) Signature process.--Only electors of the
658
municipality or district are eligible to sign the petition. Each
659
elector of the municipality signing a petition shall sign and
660
date his or her name in ink or indelible pencil as registered in
661
the office of the supervisor of elections and shall state on the
662
petition his or her place of residence and voting precinct. Each
663
petition shall contain appropriate lines for each elector's
664
original the signature, printed name, and street address, city,
665
county, voter registration number or date of birth, and date
666
signed. The form shall also contain lines for of the elector and
667
an oath, to be executed by a witness who is to verify thereof,
668
verifying the fact that the witness saw each person sign the
669
counterpart of the petition, that each signature appearing
670
thereon is the genuine signature of the person it purports to be,
671
and that the petition was signed in the presence of the witness
672
on the date indicated.
673
(f)(d) Filing of signed petitions.--All signed petition
674
forms The petition shall be filed at the same time, no later than
675
30 days after the date on which the first signature is obtained
676
on the petition. with the auditor or clerk of the municipality or
677
charter county, or his or her equivalent, hereinafter referred to
678
as clerk, by The person designated as chair of the committee
679
shall file the signed petition forms with the auditor or clerk of
680
the municipality or charter county, or his or her equivalent,
681
hereinafter referred to as "clerk." The petition may not be
682
amended after it is filed with the clerk.
683
(g) Verification of signatures.--
684
1. Immediately after the filing of the petition forms, and,
685
when the petition is filed, the clerk shall submit such forms
686
petition to the county supervisor of elections. No more than 30
687
days after the date on which all petition forms are submitted to
688
the supervisor by the clerk, the supervisor who shall promptly
689
verify the signatures in accordance with s. 99.097, and within a
690
period of not more than 30 days after the petition is filed with
691
the supervisor, determine whether the requisite number of valid
692
signatures has been obtained for the petition contains the
693
required valid signatures. The committee seeking verification of
694
the signatures shall pay in advance to the supervisor the sum of
695
10 cents for each signature checked or the actual cost of
696
checking such signatures, whichever is less. The petition cannot
697
be amended after it is filed with the clerk. The supervisor shall
698
be paid by the persons or committee seeking verification the sum
699
of 10 cents for each name checked.
700
2. Upon filing with the clerk, the petition and all
701
subsequent papers or forms required or permitted to be filed with
702
the clerk in connection with this section must, upon request, be
703
made available in alternative formats by the clerk.
704
3.(e) If the supervisor determines it is determined that
705
the petition does not contain the requisite number of verified
706
and valid required signatures, the clerk shall, upon receipt of
707
such written determination, so certify to the governing body of
708
the municipality or charter county and file the petition without
709
taking further action, and the matter shall be at an end. No
710
additional names may be added to the petition, and the petition
711
shall not be used in any other proceeding.
712
4.(f) If the supervisor determines it is determined that
713
the petition has the requisite number of verified and valid
714
required signatures, then the procedures outlined in subsection
715
(3) must be followed.
716
(3) RECALL PETITION AND DEFENSE.--
717
(a) Notice.--Upon receipt of a written determination that
718
the requisite number of signatures has been obtained, the clerk
719
shall at once serve upon the person sought to be recalled a
720
certified copy of the petition. Within 5 days after service, the
721
person sought to be recalled may file with the clerk a defensive
722
statement of not more than 200 words.
723
(b) Content and preparation.--Within 5 days after the date
724
of receipt of the defensive statement or after the last date a
725
defensive statement could have been filed, the clerk shall,
726
within 5 days, prepare a document entitled "Recall Petition and
727
Defense." The "Recall Petition and Defense" shall consist
728
sufficient number of typewritten, printed, or mimeographed copies
729
of the recall petition, including copies of the originally signed
730
petitions and counterparts. The "Recall Petition and Defense"
731
must contain lines which conform to the provisions of paragraph
732
(2)(e), and the and defensive statement or, if no defensive
733
statement has been filed, a statement to that effect. The clerk
734
shall make copies of the "Recall Petition and Defense" which are
735
sufficient to carry the signatures of 30 percent of the
736
registered electors. Immediately after preparing and making
737
sufficient copies of the "Recall Petition and Defense," the clerk
738
shall as well as the names, addresses, and oaths on the original
739
petition, and deliver the copies them to the person who has been
740
designated as chair of the committee and take his or her receipt
741
therefor. Such prepared copies shall be entitled "Recall Petition
742
and Defense" and shall contain lines and spaces for signatures
743
and printed names of registered electors, place of residence,
744
election precinct number, and date of signing, together with
745
oaths to be executed by the witnesses which conform to the
746
provisions of paragraph (c). The clerk shall deliver forms
747
sufficient to carry the signatures of 30 percent of the
748
registered electors.
749
(c)(g) Requisite signatures.--Upon receipt of the "recall
750
petition and defense," the committee may circulate them to obtain
751
the signatures of 15 percent of the electors. All signatures
752
shall be obtained and all signed petition forms filed with the
753
clerk no later than 60 days after delivery of the "Recall
754
Petition and Defense" to the chair of the committee. Any elector
755
who signs a recall petition shall have the right to demand in
756
writing that his or her name be stricken from the petition. A
757
written demand signed by the elector shall be filed with the
758
clerk and upon receipt of the demand the clerk shall strike the
759
name of the elector from the petition and place his or her
760
initials to the side of the signature stricken. However, no
761
signature may be stricken after the clerk has delivered the
762
"Recall Petition and Defense" to the supervisor of elections for
763
verification.
764
(d)(h) Signed petitions; request for striking name.--Within
765
60 days after delivery of the "Recall Petition and Defense" to
766
the chair, the chair shall file with the clerk the "Recall
767
Petition and Defense" which bears the signatures of electors. The
768
clerk shall assemble all signed petitions, check to see that each
769
petition is properly verified by the oath of a witness, and
770
submit such petitions to the county supervisor of elections. Any
771
elector who signs a recall petition has the right to demand in
772
writing that his or her name be stricken from the petition. A
773
written demand signed by the elector shall be filed with the
774
clerk and upon receipt of the demand, the clerk shall strike the
775
name of the elector from the petition and place his or her
776
initials to the side of the signature stricken. However, a
777
signature may not be stricken after the clerk has delivered the
778
"Recall Petition and Defense" to the supervisor for verification
779
of the signatures.
780
(e) Verification of signatures.--Within 30 days after
781
receipt of the signed "Recall Petition and Defense," the
782
supervisor, who shall determine the number of valid signatures,
783
purge the names withdrawn, and certify within 30 days whether 15
784
percent of the qualified electors of the municipality have signed
785
the petitions, and report his or her findings to the governing
786
body. The supervisor shall be paid by the persons or committee
787
seeking verification the sum of 10 cents for each name checked.
788
(f)(i) Reporting.--If the supervisor determines that the
789
requisite number of signatures has not been obtained petitions do
790
not contain the required signatures, the clerk shall, upon
791
receipt of such written determination, certify report such
792
determination fact to the governing body and retain file the
793
petitions., The proceedings shall be terminated, and the
794
petitions shall not again be used. If the supervisor determines
795
that signatures do amount to at least 15 percent of the qualified
796
electors signed the petition, the clerk shall, immediately upon
797
receipt of such written determination, serve notice of that
798
determination fact upon the person sought to be recalled and
799
deliver to the governing body a certificate as to the percentage
800
of qualified electors voters who signed.
801
(4)(2) RECALL ELECTION.--If the person designated in the
802
petition files with the clerk, within 5 days after the last-
803
mentioned notice, his or her written resignation, the clerk shall
804
at once notify the governing body of that fact, and the
805
resignation shall be irrevocable. The governing body shall then
806
proceed to fill the vacancy according to the provisions of the
807
appropriate law. In the absence of a resignation, the chief judge
808
of the judicial circuit in which the municipality is located
809
shall fix a day for holding a recall election for the removal of
810
those not resigning. Any such election shall be held not less
811
than 30 days or more than 60 days after the expiration of the 5-
812
day period last-mentioned and at the same time as any other
813
general or special election held within the period; but if no
814
such election is to be held within that period, the judge shall
815
call a special recall election to be held within the period
816
aforesaid.
817
(5)(3) BALLOTS.--The ballots at the recall election shall
818
conform to the following: With respect to each person whose
819
removal is sought, the question shall be submitted: "Shall _____
820
be removed from the office of _____ by recall?" Immediately
821
following each question there shall be printed on the ballots the
822
two propositions in the order here set forth:
823
" (name of person) should be removed from office."
824
" (name of person) should not be removed from office."
825
(6)(4) FILLING OF VACANCIES; SPECIAL ELECTIONS.--
826
(a) If an election is held for the recall of members
827
elected only at-large, candidates to succeed them for the
828
unexpired terms shall be voted upon at the same election and
829
shall be elected in the same manner as provided by the
830
appropriate law for the election of candidates at general
831
elections. Candidates shall not be elected to succeed any
832
particular member. If only one member is removed, the candidate
833
receiving the highest number of votes shall be declared elected
834
to fill the vacancy. If more than one member is removed,
835
candidates equal in number to the number of members removed shall
836
be declared elected to fill the vacancies; and, among the
837
successful candidates, those receiving the greatest number of
838
votes shall be declared elected for the longest terms. Cases of
839
ties, and all other matters not herein specially provided for,
840
shall be determined by the rules governing elections generally.
841
(b) If an election is held for the recall of members
842
elected only from districts, candidates to succeed them for the
843
unexpired terms shall be voted upon at a special election called
844
by the chief judge of the judicial circuit in which the districts
845
are located not less than 30 days or more than 60 days after the
846
expiration of the recall election. The qualifying period, for
847
purposes of this section, shall be established by the chief judge
848
of the judicial circuit after consultation with the clerk. Any
849
candidate seeking election to fill the unexpired term of a
850
recalled district municipal official shall reside in the district
851
represented by the recalled official and qualify for office in
852
the manner required by law. Each candidate receiving the highest
853
number of votes for each office in the special district recall
854
election shall be declared elected to fill the unexpired term of
855
the recalled official. Candidates seeking election to fill a
856
vacancy created by the removal of a municipal official shall be
857
subject to the provisions of chapter 106.
858
(c) When an election is held for the recall of members of
859
the governing body composed of both members elected at-large and
860
from districts, candidates to succeed them for the unexpired
861
terms shall be voted upon at a special election as provided in
862
paragraph (b).
863
(d) However, in any recall election held pursuant to
864
paragraph (b) or paragraph (c), if only one member is voted to be
865
removed from office, the vacancy created by the recall shall be
866
filled by the governing body according to the provisions of the
867
appropriate law for filling vacancies.
868
(7)(5) EFFECT OF RESIGNATIONS.--If the member of the
869
governing body being recalled resigns from office prior to the
870
recall election, the remaining members shall fill the vacancy
871
created according to the appropriate law for filling vacancies.
872
If all of the members of the governing body are sought to be
873
recalled and all of the members resign prior to the recall
874
election, the recall election shall be canceled, and a special
875
election shall be called to fill the unexpired terms of the
876
resigning members. If all of the members of the governing body
877
are sought to be recalled and any of the members resign prior to
878
the recall election, the proceedings for the recall of members
879
not resigning and the election of successors to fill the
880
unexpired terms shall continue and have the same effect as though
881
there had been no resignation.
882
(8)(6) WHEN PETITION MAY BE FILED.--No petition to recall
883
any member of the governing body of a municipality shall be filed
884
until the member has served one-fourth of his or her term of
885
office. No person removed by a recall, or resigning after a
886
petition has been filed against him or her, shall be eligible to
887
be appointed to the governing body within a period of 2 years
888
after the date of such recall or resignation.
889
(9) RETENTION OF PETITION.--The clerk shall preserve in his
890
or her office all papers comprising or connected with a petition
891
for recall for a period of 2 years after they were filed. This
892
method of removing members of the governing body of a
893
municipality is in addition to such other methods now or
894
hereafter provided by the general laws of this state.
895
(10)(7) OFFENSES RELATING TO PETITIONS.--No person shall
896
impersonate another, purposely write his or her name or residence
897
falsely in the signing of any petition for recall or forge any
898
name thereto, or sign any paper with knowledge that he or she is
899
not a qualified elector of the municipality. No expenditures for
900
campaigning for or against an officer being recalled shall be
901
made until the date on which the recall election is to be held is
902
publicly announced. The committee and the officer being recalled
903
shall be subject to chapter 106. No person shall employ or pay
904
another to accept employment or payment for circulating or
905
witnessing a recall petition. Any person violating any of the
906
provisions of this section commits shall be deemed guilty of a
907
misdemeanor of the second degree and shall, upon conviction, be
908
punished as provided by law.
909
(11)(8) INTENT.--It is the intent of the Legislature that
910
the recall procedures provided in this act shall be uniform
911
statewide. Therefore, all municipal charter and special law
912
provisions which are contrary to the provisions of this act are
913
hereby repealed to the extent of this conflict.
914
(12)(9) PROVISIONS APPLICABLE.--The provisions of this act
915
shall apply to cities and charter counties whether or not they
916
have adopted recall provisions.
917
Section 14. Effective July 1, 2008, subsections (3), (4),
918
and (6) of section 100.371, Florida Statutes, are amended to
919
read:
920
100.371 Initiatives; procedure for placement on ballot.--
921
(3) An initiative petition form circulated for signature
922
may not be bundled with or attached to any other petition. Each
923
signature shall be dated when made and shall be valid for a
924
period of 4 years following such date, provided all other
925
requirements of law are met. The sponsor shall submit signed and
926
dated forms to the appropriate supervisor of elections for
927
verification as to the number of registered electors whose valid
928
signatures appear thereon. The supervisor shall promptly verify
929
the signatures within 30 days of receipt of the petition forms
930
and payment of the fee required by s. 99.097. The supervisor
931
shall promptly record in the statewide voter registration system,
932
in the manner prescribed by the Secretary of State, the date each
933
form is received by the supervisor, and the date the signature on
934
the form is verified as valid. The supervisor may verify that the
935
signature on a form is valid only if:
936
(a) The form contains the original signature of the
937
purported elector.
938
(b) The purported elector has accurately recorded on the
939
form the date on which he or she signed the form.
940
(c) The form accurately sets forth the purported elector's
941
name, street address, county, and voter registration number or
942
date of birth.
943
(d) The purported elector is, at the time he or she signs
944
the form, a duly qualified and registered elector authorized to
945
vote in the county in which his or her signature is submitted.
946
947
The supervisor shall retain the signature forms for at least 1
948
year following the election in which the issue appeared on the
949
ballot or until the Division of Elections notifies the
950
supervisors of elections that the committee which circulated the
951
petition is no longer seeking to obtain ballot position.
952
(4) The Secretary of State shall determine from the
953
signatures verified by the supervisors of elections and recorded
954
in the statewide voter registration system the total number of
955
verified valid signatures and the distribution of such signatures
956
by congressional districts. Upon a determination that the
957
requisite number and distribution of valid signatures have been
958
obtained, the secretary shall issue a certificate of ballot
959
position for that proposed amendment and shall assign a
960
designating number pursuant to s. 101.161.
961
(6)(a) An elector's signature on a petition form may be
962
revoked within 150 days of the date on which he or she signed the
963
petition form by submitting to the appropriate supervisor of
964
elections a signed petition-revocation form adopted by rule for
965
this purpose by the division.
966
(b) The petition-revocation form and the manner in which
967
signatures are obtained, submitted, and verified shall be subject
968
to the same relevant requirements and timeframes as the
969
corresponding petition form and processes under this code and
970
shall be approved by the Secretary of State before any signature
971
on a petition-revocation form is obtained.
972
(c) In those circumstances in which a petition-revocation
973
form for a corresponding initiative petition has not been
974
submitted and approved, an elector may complete and submit a
975
standard petition-revocation form directly to the supervisor of
976
elections. All other requirements and processes apply for the
977
submission and verification of the signatures as for initiative
978
petitions.
979
(d) Supervisors of elections shall provide petition-
980
revocation forms to the public at all main and branch offices.
981
(e)(d) The petition-revocation form shall be filed with the
982
supervisor of elections by February 1 preceding the next general
983
election or, if the initiative amendment is not certified for
984
ballot position in that election, by February 1 preceding the
985
next successive general election. The supervisor of elections
986
shall promptly verify the signature on the petition-revocation
987
form and process such revocation upon payment, in advance, of a
988
fee of 10 cents or the actual cost of verifying such signature,
989
whichever is less. The supervisor shall promptly record each
990
valid and verified signature on a petition-revocation form in the
991
statewide voter registration system in the manner prescribed by
992
the Secretary of State.
993
(f) The division shall adopt by rule the petition-
994
revocation forms to be used under this subsection.
995
Section 15. Section 101.041, Florida Statutes, is amended
996
to read:
997
101.041 Secret voting.--In all elections held on any
998
subject which may be submitted to a vote, and for all or any
999
state, county, district, or municipal officers, the voting shall
1000
be by secret, official ballot printed and distributed as provided
1001
by this code, and no vote shall be received or counted in any
1002
election, except as prescribed by this code.
1003
Section 16. Section 101.045, Florida Statutes, is amended
1004
to read:
1005
101.045 Electors must be registered in precinct; provisions
1006
for change of residence or name change.--
1007
(1) No person shall be permitted to vote in any election
1008
precinct or district other than the one in which the person has
1009
his or her legal residence and in which the person is registered.
1010
However, a person temporarily residing outside the county shall
1011
be registered in the precinct in which the main office of the
1012
supervisor, as designated by the supervisor, is located when the
1013
person has no permanent address in the county and it is the
1014
person's intention to remain a resident of Florida and of the
1015
county in which he or she is registered to vote. Such persons who
1016
are registered in the precinct in which the main office of the
1017
supervisor, as designated by the supervisor, is located and who
1018
are residing outside the county with no permanent address in the
1019
county shall not be registered electors of a municipality and
1020
therefore shall not be permitted to vote in any municipal
1021
election.
1022
(2)(a) An elector who moves from the precinct in which the
1023
elector is registered may be permitted to vote in the precinct to
1024
which he or she has moved his or her legal residence, provided
1025
such elector completes an affirmation in substantially the
1026
following form:
1027
1028
Change of Legal Residence of Registered
1029
Voter
1030
1031
Under penalties for false swearing, I, (Name of voter) , swear
1032
(or affirm) that the former address of my legal residence was
1033
(Address of legal residence) in the municipality of _____, in
1034
_____ County, Florida, and I was registered to vote in the _____
1035
precinct of _____ County, Florida; that I have not voted in the
1036
precinct of my former registration in this election; that I now
1037
reside at (Address of legal residence) in the Municipality of
1038
_____, in _____ County, Florida, and am therefore eligible to
1039
vote in the _____ precinct of _____ County, Florida; and I
1040
further swear (or affirm) that I am otherwise legally registered
1041
and entitled to vote.
1042
1043
(Signature of voter whose address of legal residence has
1044
changed)
1045
(b) An elector whose name changes because of marriage or
1046
other legal process may be permitted to vote, provided such
1047
elector completes an affirmation in substantially the following
1048
form:
1049
1050
Change of Name of Registered
1051
Voter
1052
1053
Under penalties for false swearing, I, (New name of voter) ,
1054
swear (or affirm) that my name has been changed because of
1055
marriage or other legal process. My former name and address of
1056
legal residence appear on the registration records of precinct
1057
_____ as follows:
1058
Name
1059
Address
1060
Municipality
1061
County
1062
Florida, Zip
1063
My present name and address of legal residence are as follows:
1064
Name
1065
Address
1066
Municipality
1067
County
1068
Florida, Zip
1069
and I further swear (or affirm) that I am otherwise legally
1070
registered and entitled to vote.
1071
1072
(Signature of voter whose name has changed)
1073
(c) Instead of the affirmation contained in paragraph (a)
1074
or paragraph (b), an elector may complete a voter registration
1075
application that indicates the change of name or change of
1076
address of legal residence.
1077
(d) Such affirmation or application, when completed and
1078
presented at the precinct in which such elector is entitled to
1079
vote, and upon verification of the elector's registration, shall
1080
entitle such elector to vote as provided in this subsection. If
1081
the elector's eligibility to vote cannot be determined, he or she
1082
shall be entitled to vote a provisional ballot, subject to the
1083
requirements and procedures in s. 101.048. Upon receipt of an
1084
affirmation or application certifying a change in address of
1085
legal residence or name, the supervisor shall as soon as
1086
practicable make the necessary changes in the statewide voter
1087
registration system to indicate the change in address of legal
1088
residence or name of such elector.
1089
(d) Instead of the affirmation contained in paragraph (a)
1090
or paragraph (b), an elector may complete a voter registration
1091
application that indicates the change of name or change of
1092
address of legal residence.
1093
Section 17. Section 101.111, Florida Statutes, is amended
1094
to read:
1095
101.111 Person desiring to vote may be challenged;
1096
challenger to execute oath; oath of person challenged;
1097
determination of challenge.--
1098
(1)(a) Any registered elector or poll watcher of a county
1099
may challenge the right of a person to vote in that county. When
1100
the right to vote of any person who desires to vote is challenged
1101
by any elector or poll watcher, The challenge must be in shall be
1102
reduced to writing and contain the following oath with an oath as
1103
provided in this section, giving reasons for the challenge, which
1104
shall be delivered to the clerk or inspector. Any elector or poll
1105
watcher challenging the right of a person to vote shall execute
1106
the oath set forth below:
1107
1108
OATH OF PERSON ENTERING CHALLENGE
1109
1110
State of Florida
1111
County of _____
1112
1113
I do solemnly swear or affirm that my name is _____; that I am a
1114
member of the _____ Party; that I am a registered voter or
1115
pollwatcher; that my residence address is _____, in the
1116
municipality of _____; and that I have reason to believe that
1117
_____ is attempting to vote illegally and the reasons for my
1118
belief are set forth herein to wit:
1119
(Signature of person challenging voter)
1120
1121
Sworn and subscribed to before me this _____ day of _____,
1122
(year) .
1123
(Clerk of election)
1124
(b)(2) The clerk or inspector shall immediately deliver to
1125
the challenged person a copy of the oath of the person entering
1126
the challenge, and the challenged voter shall be allowed to cast
1127
a provisional ballot in accordance with s. 101.048.
1128
(c)(3) Alternatively, a challenge in accordance with this
1129
section may be filed in advance with the supervisor of elections
1130
no Any elector or poll watcher may challenge the right of any
1131
voter to vote not sooner than 30 days before an election by
1132
filing a completed copy of the oath contained in subsection (1)
1133
to the supervisor of election's office. The supervisor shall
1134
promptly provide the election board in the challenged voter's
1135
precinct with a copy of the oath of the person entering the
1136
challenge. The challenged voter shall be allowed permitted to
1137
cast a provisional ballot in accordance with s. 101.048.
1138
(2)(4) Any elector or poll watcher filing a frivolous
1139
challenge of any person's right to vote commits a misdemeanor of
1140
the first degree, punishable as provided in s. 775.082 or s.
1141
775.083; however, electors or poll watchers shall not be subject
1142
to liability for any action taken in good faith and in
1143
furtherance of any activity or duty permitted of such electors or
1144
poll watchers by law. Each instance where any elector or poll
1145
watcher files a frivolous challenge of any person's right to vote
1146
constitutes a separate offense.
1147
Section 18. Section 101.23, Florida Statutes, is amended to
1148
read:
1149
101.23 Election inspector to keep list of those voting.--
1150
(1) When any person has been admitted to vote, the person's
1151
name shall be checked by the clerk or one of the inspectors at
1152
the place indicated upon the registration books or voter history
1153
form provided by the supervisor. One of the inspectors shall, at
1154
the same time, keep a poll list containing names of electors who
1155
have voted or a list of registered electors, on which those
1156
electors who have voted are indicated. Such lists shall be
1157
available for inspection during regular voting hours by poll
1158
watchers designated and appointed pursuant to s. 101.131, except
1159
that the election inspector may regulate access to the lists so
1160
as to ensure that such inspection does not unreasonably interfere
1161
with the orderly operation of the polling place.
1162
(2) The inspectors shall prevent any person from voting a
1163
second time when they have reason to believe that the person has
1164
voted. They shall refuse to allow any person to vote who is not a
1165
qualified elector or who has become disqualified to vote in the
1166
precinct, and may prevent any elector from consuming more than 5
1167
minutes in voting.
1168
Section 19. Effective July 1, 2008, subsection (1) of
1169
section 101.51, Florida Statutes, is amended to read:
1170
101.51 Electors to occupy booth alone.--
1171
(1) When the elector presents himself or herself to vote,
1172
an the election official shall ascertain whether the elector's
1173
name is upon the register of electors, and, if the elector's name
1174
appears and no challenge interposes, or, if interposed, be not
1175
sustained, one of the election official officials stationed at
1176
the entrance shall announce the name of the elector and permit
1177
the elector him or her to enter the booth or compartment to cast
1178
his or her vote, allowing only one elector at a time to pass
1179
through to vote. An elector, while casting his or her ballot, may
1180
not occupy a booth or compartment already occupied or speak with
1181
anyone, except as provided by s. 101.051.
1182
Section 20. Effective July 1, 2008, paragraph (a) of
1183
subsection (2) of section 101.5608, Florida Statutes, is amended
1184
to read:
1185
101.5608 Voting by electronic or electromechanical method;
1186
procedures.--
1187
(2) When an electronic or electromechanical voting system
1188
utilizes a ballot card or marksense ballot, the following
1189
procedures shall be followed:
1190
(a) After receiving a ballot from an inspector, the elector
1191
shall, without leaving the polling place, retire to a booth or
1192
compartment and mark the ballot. After marking preparing his or
1193
her ballot, the elector shall place the ballot in a secrecy
1194
envelope with the stub exposed or shall fold over that portion on
1195
which write-in votes may be cast, as instructed, so that the
1196
ballot will be deposited in the tabulator ballot box without
1197
exposing the voter's choices. Before the ballot is deposited in
1198
the ballot box, the inspector shall detach the exposed stub and
1199
place it in a separate envelope for audit purposes; when a fold-
1200
over ballot is used, the entire ballot shall be placed in the
1201
ballot box.
1202
Section 21. Effective July 1, 2008, section 101.573,
1203
Florida Statutes, is repealed.
1204
Section 22. Effective July 1, 2008, subsection (2) of
1205
section 101.6102, Florida Statutes, is amended to read:
1206
101.6102 Mail ballot elections; limitations.--
1207
(2) Except as provided in s. 101.733(1), the following
1208
elections may not be conducted by mail ballot:
1209
(a) An election at which any candidate is nominated,
1210
elected, retained, or recalled; or
1211
(b) An election held on the same date as another election,
1212
other than a mail ballot election, in which the qualified
1213
electors of that political subdivision are eligible to cast
1214
ballots.
1215
Section 23. Subsection (2) of section 101.6923, Florida
1216
Statutes, is amended to read:
1217
101.6923 Special absentee ballot instructions for certain
1218
first-time voters.--
1219
(2) A voter covered by this section shall be provided with
1220
printed instructions with his or her absentee ballot in
1221
substantially the following form:
1222
1223
1224
READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
1225
FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO
1226
COUNT.
1227
1228
1. In order to ensure that your absentee ballot will be
1229
counted, it should be completed and returned as soon as possible
1230
so that it can reach the supervisor of elections of the county in
1231
which your precinct is located no later than 7 p.m. on the date
1232
of the election.
1233
2. Mark your ballot in secret as instructed on the ballot.
1234
You must mark your own ballot unless you are unable to do so
1235
because of blindness, disability, or inability to read or write.
1236
3. Mark only the number of candidates or issue choices for
1237
a race as indicated on the ballot. If you are allowed to "Vote
1238
for One" candidate and you vote for more than one, your vote in
1239
that race will not be counted.
1240
4. Place your marked ballot in the enclosed secrecy
1241
envelope and seal the envelope.
1242
5. Insert the secrecy envelope into the enclosed envelope
1243
bearing the Voter's Certificate. Seal the envelope and completely
1244
fill out the Voter's Certificate on the back of the envelope.
1245
a. You must sign your name on the line above (Voter's
1246
Signature).
1247
b. If you are an overseas voter, you must include the date
1248
you signed the Voter's Certificate on the line above (Date) or
1249
your ballot may not be counted.
1250
6. Unless you meet one of the exemptions in Item 7., you
1251
must make a copy of one of the following forms of identification:
1252
a. Identification which must include your name and
1253
photograph: United States passport; employee badge or
1254
identification; buyer's club identification card; debit or credit
1255
card; military identification; student identification; retirement
1256
center identification; neighborhood association identification;
1257
or public assistance identification; or
1258
b. Identification which shows your name and current
1259
residence address: current utility bill, bank statement,
1260
government check, paycheck, or government document (excluding
1261
voter identification card).
1262
7. The identification requirements of Item 6. do not apply
1263
if you meet one of the following requirements:
1264
a. You are 65 years of age or older.
1265
b. You have a temporary or permanent physical disability.
1266
c. You are a member of a uniformed service on active duty
1267
who, by reason of such active duty, will be absent from the
1268
county on election day.
1269
d. You are a member of the Merchant Marine who, by reason
1270
of service in the Merchant Marine, will be absent from the county
1271
on election day.
1272
e. You are the spouse or dependent of a member referred to
1273
in paragraph c. or paragraph d. who, by reason of the active duty
1274
or service of the member, will be absent from the county on
1275
election day.
1276
f. You are currently residing outside the United States.
1277
8. Place the envelope bearing the Voter's Certificate into
1278
the mailing envelope addressed to the supervisor. Insert a copy
1279
of your identification in the mailing envelope. DO NOT PUT YOUR
1280
IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1281
INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1282
BALLOT WILL NOT COUNT.
1283
9. Mail, deliver, or have delivered the completed mailing
1284
envelope. Be sure there is sufficient postage if mailed.
1285
10. FELONY NOTICE. It is a felony under Florida law to
1286
accept any gift, payment, or gratuity in exchange for your vote
1287
for a candidate. It is also a felony under Florida law to vote in
1288
an election using a false identity or false address, or under any
1289
other circumstances making your ballot false or fraudulent.
1290
Section 24. Effective July 1, 2008, section 101.733,
1291
Florida Statutes, is amended to read:
1292
101.733 Election emergency; purpose; elections emergency
1293
contingency plan.--Because of the existing and continuing
1294
possibility of an emergency or common disaster occurring before
1295
or during a regularly scheduled or special election, and in order
1296
to ensure maximum citizen participation in the electoral process
1297
and provide a safe and orderly procedure for persons seeking to
1298
exercise their right to vote, generally to minimize to whatever
1299
degree possible a person's exposure to danger during declared
1300
states of emergency, and to protect the integrity of the
1301
electoral process, it is hereby found and declared to be
1302
necessary to designate a procedure for the emergency suspension
1303
or delay and rescheduling of elections.
1304
(1) The Governor may, upon issuance of an executive order
1305
declaring a state of emergency or impending emergency, suspend
1306
any election, or delay any election, or call for a mail ballot
1307
election. The Governor may take such action independently or at
1308
the request of the Secretary of State, a supervisor of elections
1309
from a county affected by the emergency circumstances, or a
1310
municipal clerk from a municipality affected by the emergency
1311
circumstances.
1312
(2) The Governor, upon consultation with the Secretary of
1313
State, shall reschedule any election suspended or delayed due to
1314
an emergency. The election shall be held within 10 days after the
1315
date of the suspended or delayed election or as soon thereafter
1316
as is practicable. Notice of the election shall be provided in
1317
any reasonable manner to include, where practicable, publication
1318
published at least once in a newspaper of general circulation in
1319
the affected area and, where practicable, broadcast as a public
1320
service announcement on radio and television stations at least 1
1321
week prior to the date the election is to be held.
1322
(3) The Division of Elections of the Department of State
1323
shall adopt, by rule, an elections emergency contingency plan,
1324
which shall contain goals and policies that give specific
1325
direction to state and local elections officials when an election
1326
has been suspended, an election has been or delayed, or a mail
1327
ballot election has been called due to an emergency. The
1328
contingency plan shall be statewide in scope and shall address,
1329
but not be limited to, the following concerns:
1330
(a) Providing a procedure and timelines for state and local
1331
elections officials to follow when an election has been suspended
1332
or delayed or a mail ballot election has been called to ensure
1333
notice of the suspended, delayed, or mail ballot election
1334
suspension or delay to the proper authorities, the electorate,
1335
the communications media, poll workers, and the custodians of
1336
polling places.
1337
(b) Providing a procedure for the orderly conduct of a
1338
rescheduled election or a mail ballot election, whether
1339
municipal, county, district, or statewide in scope; coordinating
1340
those efforts with the appropriate elections official, and the
1341
members of the governing body holding such election, if
1342
appropriate; and working with the appropriate emergency
1343
management officials in determining the safety of existing
1344
polling places or designating additional polling places.
1345
(c) Providing a procedure for the release and certification
1346
of election returns to the department for elections suspended or
1347
delayed and subsequently rescheduled or for mail ballot elections
1349
Section 25. Effective July 1, 2008, subsection (3) of
1350
section 101.75, Florida Statutes, is amended to read:
1351
101.75 Municipal elections; change of dates for cause.--
1352
(3) Notwithstanding any provision of local law or municipal
1353
charter, for any municipality whose election is scheduled to be
1354
held in March 2008, the governing body of a the municipality,
1355
notwithstanding any municipal charter provision, may, by
1356
ordinance, move the date of any the general municipal election in
1357
2008 and in each subsequent year that is a multiple of 4 to a the
1358
date concurrent with any statewide or countywide election the
1359
presidential preference primary. The dates for qualifying for the
1360
general municipal election moved by the passage of such an
1361
ordinance shall be specifically provided for in the ordinance and
1362
shall run for no less than 14 days. The term of office for any
1363
elected municipal official shall commence as provided by the
1364
relevant municipal charter or ordinance, and the term of office
1365
for any elected municipal official whose term was due to expire
1366
in March 2008 shall expire as provided by the relevant municipal
1367
charter or ordinance.
1368
Section 26. Effective July 1, 2008, subsection (7) of
1369
section 102.014, Florida Statutes, is amended to read:
1370
102.014 Poll worker recruitment and training.--
1371
(7) The Department of State shall develop a mandatory,
1372
statewide, and uniform program for training poll workers on
1373
issues of etiquette and sensitivity with respect to voters having
1374
a disability. The program must consist of approximately 1 hour of
1375
the required number of hours set forth in paragraph (4)(a). The
1376
program must be conducted locally by each supervisor of
1377
elections, and who shall periodically certify to the Department
1378
of State whether each poll worker must complete has completed the
1379
program before working during the current election cycle. The
1380
supervisor of elections shall contract with a recognized
1381
disability-related organization, such as a center for independent
1382
living, family network on disabilities, deaf service bureau, or
1383
other such organization, to develop and assist with training the
1384
trainers in the disability sensitivity programs. The program must
1385
include actual demonstrations of obstacles confronted by disabled
1386
persons during the voting process, including obtaining access to
1387
the polling place, traveling through the polling area, and using
1388
the voting system.
1389
Section 27. Effective July 1, 2008, paragraph (b) of
1390
subsection (4) of section 102.031, Florida Statutes, is amended
1391
to read:
1392
102.031 Maintenance of good order at polls; authorities;
1393
persons allowed in polling rooms and early voting areas; unlawful
1394
solicitation of voters.--
1395
(4)
1396
(b) For the purpose of this subsection, the terms term
1397
"solicit" or "solicitation" shall include, but not be limited to,
1398
seeking or attempting to seek any vote, fact, opinion, or
1399
contribution; distributing or attempting to distribute any
1400
political or campaign material, leaflet, or handout; conducting a
1401
poll except as specified in this paragraph; seeking or attempting
1402
to seek a signature on any petition; and selling or attempting to
1403
sell any item. The terms "solicit" or "solicitation" shall not be
1404
construed to prohibit exit polling.
1405
Section 28. Effective July 1, 2008, subsection (1) of
1406
section 102.112, Florida Statutes, is amended to read:
1407
102.112 Deadline for submission of county returns to the
1408
Department of State.--
1409
(1) The county canvassing board or a majority thereof shall
1410
file the county returns for the election of a federal or state
1411
officer with the Department of State immediately after
1412
certification of the election results. The returns must contain a
1413
certification by the canvassing board that the board has compared
1414
reconciled the number of persons who voted with the number of
1415
ballots counted and that the certification includes all valid
1416
votes cast in the election.
1417
Section 29. Subsection (2) of section 103.101, Florida
1418
Statutes, is amended to read:
1419
103.101 Presidential preference primary.--
1420
(2)(a) There shall be a Presidential Candidate Selection
1421
Committee composed of the Secretary of State, who shall be a
1422
nonvoting chair; the Speaker of the House of Representatives; the
1423
President of the Senate; the minority leader of each house of the
1424
Legislature; and the chair of each political party required to
1425
have a presidential preference primary under this section.
1426
(b)(a) By October 31 of the year preceding the presidential
1427
preference primary, each political party shall submit to the
1428
Secretary of State a list of its presidential candidates to be
1429
placed on the presidential preference primary ballot or
1430
candidates entitled to have delegates appear on the presidential
1431
preference primary ballot. The Secretary of State shall prepare
1432
and publish a list of the names of the presidential candidates
1433
submitted. The Secretary of State shall submit such list of names
1434
of presidential candidates to the selection committee on the
1435
first Tuesday after the first Monday in November of the year
1436
preceding the presidential preference primary. Each person
1437
designated as a presidential candidate shall have his or her name
1438
appear, or have his or her delegates' names appear, on the
1439
presidential preference primary ballot unless all committee
1440
members of the same political party as the candidate agree to
1441
delete such candidate's name from the ballot.
1442
(c) The selection committee shall meet in Tallahassee on
1443
the first Tuesday after the first Monday in November of the year
1444
preceding the presidential preference primary. The selection
1445
committee shall publicly announce and submit to the Department of
1446
State no later than 5 p.m. on the following day the names of
1447
presidential candidates who shall have their names appear, or who
1448
are entitled to have their delegates' names appear, on the
1449
presidential preference primary ballot. The Department of State
1450
shall immediately notify each presidential candidate designated
1451
by the committee. Such notification shall be in writing, by
1452
registered mail, with return receipt requested.
1453
(b) Any presidential candidate whose name does not appear
1454
on the list submitted to the Secretary of State may request that
1455
the selection committee place his or her name on the ballot. Such
1456
request shall be made in writing to the Secretary of State no
1457
later than the second Tuesday after the first Monday in November
1458
of the year preceding the presidential preference primary.
1459
(c) If a presidential candidate makes a request that the
1460
selection committee reconsider placing the candidate's name on
1461
the ballot, the selection committee will reconvene no later than
1462
the second Thursday after the first Monday in November of the
1463
year preceding the presidential preference primary to reconsider
1464
placing the candidate's name on the ballot. The Department of
1465
State shall immediately notify such candidate of the selection
1466
committee's decision.
1467
Section 30. Effective upon this act becoming a law,
1468
paragraph (a) of subsection (1) of section 106.021, Florida
1469
Statutes, is amended to read:
1470
106.021 Campaign treasurers; deputies; primary and
1471
secondary depositories.--
1472
(1)(a) Each candidate for nomination or election to office
1473
and each political committee shall appoint a campaign treasurer.
1474
Each person who seeks to qualify for nomination or election to,
1475
or retention in, office shall appoint a campaign treasurer and
1476
designate a primary campaign depository prior to qualifying for
1477
office. Any person who seeks to qualify for election or
1478
nomination to any office by means of the petitioning process
1479
shall appoint a treasurer and designate a primary depository on
1480
or before the date he or she obtains the petitions. Each
1481
candidate shall at the same time he or she designates a campaign
1482
depository and appoints a treasurer also designate the office for
1483
which he or she is a candidate. If the candidate is running for
1484
an office which will be grouped on the ballot with two or more
1485
similar offices to be filled at the same election, the candidate
1486
must indicate for which group or district office he or she is
1487
running. Nothing in this subsection shall prohibit a candidate,
1488
at a later date, from changing the designation of the office for
1489
which he or she is a candidate. However, if a candidate changes
1490
the designated office for which he or she is a candidate, the
1491
candidate must notify all contributors in writing of the intent
1492
to seek a different office and offer to return pro rata, upon
1493
their request, those contributions given in support of the
1494
original office sought. This notification shall be given within
1495
15 days after the filing of the change of designation and shall
1496
include a standard form developed by the Division of Elections
1497
for requesting the return of contributions. The notice
1498
requirement shall not apply to any change in a numerical
1499
designation resulting solely from redistricting. If, within 30
1500
days after being notified by the candidate of the intent to seek
1501
a different office, the contributor notifies the candidate in
1502
writing that the contributor wishes his or her contribution to be
1503
returned, the candidate shall return the contribution, on a pro
1504
rata basis, calculated as of the date the change of designation
1505
is filed. Any contributions not requested to be returned within
1506
the 30-day period may be used by the candidate for the newly
1507
designated office. No person shall accept any contribution or
1508
make any expenditure with a view to bringing about his or her
1509
nomination, election, or retention in public office, or authorize
1510
another to accept such contributions or make such expenditure on
1511
the person's behalf, unless such person has appointed a campaign
1512
treasurer and designated a primary campaign depository. A
1513
candidate for an office voted upon statewide may appoint not more
1514
than 15 deputy campaign treasurers, and any other candidate or
1515
political committee may appoint not more than 3 deputy campaign
1516
treasurers. The names and addresses of the campaign treasurer and
1517
deputy campaign treasurers so appointed shall be filed with the
1518
officer before whom such candidate is required to qualify or with
1519
whom such political committee is required to register pursuant to
1520
s. 106.03. Each candidate who qualifies with the Department of
1521
State for an office not voted upon statewide shall, at the same
1522
time, file a copy of the name and address of the campaign
1523
treasurer with the supervisor of elections in the county in which
1524
the candidate resides.
1525
Section 31. Paragraph (a) of subsection (2) and paragraph
1526
(b) of subsection (8) of section 106.07, Florida Statutes, are
1527
amended to read:
1528
106.07 Reports; certification and filing.--
1529
(2)(a)1. All reports required of a candidate by this
1530
section shall be filed with the officer before whom the candidate
1531
is required by law to qualify. All candidates who file with the
1532
Department of State shall file their reports pursuant to s.
1534
filed not later than 5 p.m. of the day designated; however, any
1535
report postmarked by the United States Postal Service no later
1536
than midnight of the day designated shall be deemed to have been
1537
filed in a timely manner. Any report received by the filing
1538
officer within 5 days after the designated due date that was
1539
delivered by the United States Postal Service shall be deemed
1540
timely filed unless it has a postmark that indicates that the
1541
report was mailed after the designated due date. A certificate of
1542
mailing obtained from and dated by the United States Postal
1543
Service at the time of mailing, or a receipt from an established
1544
courier company, which bears a date on or before the date on
1545
which the report is due, shall be proof of mailing in a timely
1546
manner. Reports shall contain information of all previously
1547
unreported contributions received and expenditures made as of the
1548
preceding Friday, except that the report filed on the Friday
1549
immediately preceding the election shall contain information of
1550
all previously unreported contributions received and expenditures
1551
made as of the day preceding that designated due date. All such
1552
reports shall be open to public inspection.
1553
2. This subsection does not prohibit the governing body of
1554
a political subdivision, by ordinance or resolution, from
1555
imposing upon its own officers and candidates electronic filing
1556
requirements not in conflict with s. 106.0705. Expenditure of
1557
public funds for such purpose is deemed to be for a valid public
1558
purpose.
1559
(8)
1560
(b) Upon determining that a report is late, the filing
1561
officer shall immediately notify the candidate or chair of the
1562
political committee as to the failure to file a report by the
1563
designated due date and that a fine is being assessed for each
1564
late day. The fine shall be $50 per day for the first 3 days late
1565
and, thereafter, $500 per day for each late day, not to exceed 25
1566
percent of the total receipts or expenditures, whichever is
1567
greater, for the period covered by the late report. However, for
1568
the reports immediately preceding each primary and general
1569
election, the fine shall be $500 per day for each late day, not
1570
to exceed 25 percent of the total receipts or expenditures,
1571
whichever is greater, for the period covered by the late report.
1572
For reports required under s. 106.141(7), the fine is $50 per day
1573
for each late day, not to exceed 25 percent of the total receipts
1574
or expenditures, whichever is greater, for the period covered by
1575
the late report. Upon receipt of the report, the filing officer
1576
shall determine the amount of the fine which is due and shall
1577
notify the candidate or chair. The filing officer shall determine
1578
the amount of the fine due based upon the earliest of the
1579
following:
1580
1. When the report is actually received by such officer.
1581
2. When the report is postmarked.
1582
3. When the certificate of mailing is dated.
1583
4. When the receipt from an established courier company is
1584
dated.
1585
5. When the electronic receipt issued pursuant to s.
1586
106.0705 or other electronic filing system authorized in this
1587
section is dated.
1588
1589
Such fine shall be paid to the filing officer within 20 days
1590
after receipt of the notice of payment due, unless appeal is made
1591
to the Florida Elections Commission pursuant to paragraph (c). In
1592
the case of a candidate, such fine shall not be an allowable
1593
campaign expenditure and shall be paid only from personal funds
1594
of the candidate. An officer or member of a political committee
1595
shall not be personally liable for such fine.
1596
Section 32. Effective upon this act becoming a law, section
1597
106.082, Florida Statutes, is repealed.
1598
Section 33. Effective upon this act becoming a law,
1599
subsections (1) and (2) of section 106.147, Florida Statutes, are
1600
amended to read:
1601
106.147 Telephone solicitation; disclosure requirements;
1602
prohibitions; exemptions; penalties.--
1603
(1)(a) Any electioneering communication telephone call or
1604
any telephone call supporting or opposing a candidate, elected
1605
public official, or ballot proposal must identify the persons or
1606
organizations sponsoring the call by stating either: "paid for
1607
by_____" (insert name of persons or organizations sponsoring the
1608
call) or "paid for on behalf of_____" (insert name of persons or
1609
organizations authorizing call). This paragraph does not apply to
1610
any telephone call in which both the individual making the call
1611
is not being paid and the individuals participating in the call
1612
know each other prior to the call.
1613
(b) Any telephone call conducted for the purpose of polling
1614
respondents concerning a candidate or elected public official
1615
which is a part of a series of like telephone calls that consists
1616
of fewer than 1,000 completed calls and averages more than 2
1617
minutes in duration is presumed to be a political poll and not
1618
subject to the provisions of paragraph (a).
1619
(c) No telephone call shall state or imply that the caller
1620
represents any person or organization unless the person or
1621
organization so represented has given specific approval in
1622
writing to make such representation.
1623
(d) No telephone call shall state or imply that the caller
1624
represents a nonexistent person or organization.
1625
(2) Any telephone call, not conducted by independent
1626
expenditure, which expressly advocates for or against supporting
1627
or opposing a candidate or ballot proposal, requires prior
1628
written authorization by the candidate or sponsor of the ballot
1629
proposal that the call supports. A copy of such written
1630
authorization must be placed on file with the qualifying officer
1631
by the candidate or sponsor of the ballot proposal prior to the
1632
time the calls commence.
1633
Section 34. Paragraph (a) of subsection (1) of section
1634
106.24, Florida Statutes, is amended to read:
1635
106.24 Florida Elections Commission; membership; powers;
1636
duties.--
1637
(1)(a) There is created within the Department of Legal
1638
Affairs, Office of the Attorney General, a Florida Elections
1639
Commission, hereinafter referred to as the commission. The
1640
commission shall be a separate budget entity, and its director
1641
shall be the agency head for all purposes. The commission shall
1642
not be subject to control, supervision, or direction by the
1643
Department of Legal Affairs or the Attorney General in the
1644
performance of its duties, including, but not limited to,
1645
personnel, purchasing transactions involving real or personal
1646
property, and budgetary matters.
1647
Section 35. Paragraph (c) of subsection (3) of section
1648
190.006, Florida Statutes, is amended to read:
1649
190.006 Board of supervisors; members and meetings.--
1650
(3)
1651
(c) Candidates seeking election to office by qualified
1652
electors under this subsection shall conduct their campaigns in
1653
accordance with the provisions of chapter 106 and shall file
1654
qualifying papers and qualify for individual seats in accordance
1655
with s. 99.061. Candidates shall pay a qualifying fee, which
1656
shall consist of a filing fee and an election assessment or, as
1657
an alternative, shall file a petition signed by not less than 1
1658
percent of the registered voters of the district, and take the
1659
oath required in s. 99.021, with the supervisor of elections in
1660
the county affected by such candidacy. The amount of the filing
1661
fee is 3 percent of $4,800; however, if the electors have
1662
provided for compensation pursuant to subsection (8), the amount
1663
of the filing fee is 3 percent of the maximum annual compensation
1664
so provided. The amount of the election assessment is 1 percent
1665
of $4,800; however, if the electors have provided for
1666
compensation pursuant to subsection (8), the amount of the
1667
election assessment is 1 percent of the maximum annual
1668
compensation so provided. The filing fee and election assessment
1669
shall be distributed as provided in s. 105.031(3).
1670
Section 36. Except as otherwise expressly provided in this
1671
act and except for this section, which shall take effect upon
1672
becoming a law, this act shall take effect January 1, 2009.
CODING: Words stricken are deletions; words underlined are additions.