HB 7149

1	A bill to be entitled
2	An act relating to elections; creating s. 97.0115, F.S.;
3	providing for the preemption of certain matters to the
4	state; providing exceptions; amending s. 97.012, F.S.;
5	expanding the list of responsibilities of the Secretary of
6	State when acting in his or her capacity as chief election
7	officer; amending s. 97.021, F.S.; defining the term
8	"registration agent"; revising the definition of the term
9	"third-party registration organization"; repealing s.
10	97.052(6), F.S., relating to the notification and
11	correction of omitted voter registration application
12	information; amending s. 97.053, F.S.; providing that
13	certain voter application information must be provided or
14	verified before election day; amending s. 97.0535, F.S.;
15	requiring that certain first-time voters provide
16	identification before election day; deleting certain types
17	of identification from the list of acceptable forms of
18	identification for certain first-time voters; amending s.
19	97.0575, F.S.; requiring that third-party voter
20	registration organizations register with the Division of
21	Elections and provide the division with certain
22	information; requiring that forms used by third-party
23	voter registration organizations contain certain
24	information; providing that a third-party voter
25	registration organization serves as a fiduciary to the
26	applicant; specifying duties of such an organization;
27	providing an affirmative defense to certain violations;
28	providing criminal penalties for violations; providing
29	circumstances under which a third-party voter registration
30	organization is subject to specified civil penalties;
31	providing for the referral of violations to the Attorney
32	General or state attorney; authorizing the Attorney
33	General or the state attorney to initiate a civil action
34	for relief that may include a permanent or temporary
35	injunction or other appropriate order; requiring the
36	division to adopt rules; deleting certain requirements for
37	third-party voter registration organizations; deleting
38	certain fines; amending s. 97.073, F.S.; revising the
39	supervisor's responsibilities for notifying applicants of
40	the disposition of voter registration applications;
41	amending s. 98.065, F.S.; revising the timeframe for a
42	supervisor to complete list maintenance programs; amending
43	s. 98.075, F.S.; providing methods for removing the names
44	of deceased persons from the statewide voter registration
45	system; amending s. 98.0981, F.S.; revising requirements
46	for reporting election results at the precinct level;
47	amending s. 99.012, F.S.; requiring any officer who
48	qualifies for federal public office to resign from the
49	office he or she presently holds if the terms of office
50	run concurrently; providing that the resignation is
51	irrevocable; requiring a written resignation that is
52	effective by a time certain; providing that failure to
53	meet the resignation requirements results in an automatic
54	irrevocable resignation effective immediately; providing
55	that a person who fails to meet certain requirements does
56	not qualify as a candidate for election; requiring that
57	such a person be removed from the ballot; amending s.
58	99.021, F.S.; revising a requirement that a qualifying
59	officer furnish a printed copy of the candidate oath to
60	candidates; revising oath requirements; amending s.
61	99.061, F.S.; requiring that constitutional office
62	candidates file notarized financial disclosure statements;
63	requiring that candidates file certain original
64	documentation when qualifying for office; amending s.
65	99.063, F.S.; deleting a requirement that candidates for
66	Governor and Lieutenant Governor sign and acknowledge a
67	specified loyalty oath; amending s. 100.111, F.S.;
68	providing that a candidate for a legislative or county
69	office is deemed elected after winning an open primary;
70	providing that a vacancy in nomination is not created if a
71	nominee did not properly qualify or does not meet the
72	necessary qualifications to hold the office sought;
73	amending s. 100.371, F.S.; revising the number of years
74	that an initiative petition is valid; requiring that a
75	petition form be submitted within a specified period after
76	the date on which the petition was signed in order to be
77	valid; deleting a limitation on the period for revoking a
78	signature on a petition form; creating s. 100.372, F.S.;
79	providing definitions; requiring registration of paid
80	petition circulators and prohibiting the payment of
81	compensation to those not properly registered; providing
82	requirements for eligibility to engage in activities as a
83	paid petition circulator; authorizing application to the
84	department for registration and requiring certain
85	information; requiring that the department register
86	eligible applicants within a specified period after its
87	receipt of the application; requiring that a registrant
88	notify the department in writing of any change in the
89	information submitted within a specified period after such
90	change; requiring that certain individuals who submit an
91	initiative petition form collected by a paid petition
92	circulator to a supervisor of elections for verification
93	simultaneously submit a signed written affirmation that
94	the initiative petition signatures on the form were
95	collected in compliance with certain requirements;
96	requiring that the department adopt a form for such
97	affirmation; requiring that such form identify potential
98	criminal and civil penalties for submitting a false
99	affirmation; requiring that the department issue evidence
100	of registration; requiring that every petition form
101	presented by a registrant to a person for his or her
102	possible signature contain certain information; providing
103	conditions under which a signature shall be deemed invalid
104	and ineligible to be verified or counted; requiring that
105	the supervisor of elections return, at the expense of the
106	political committee sponsoring the initiative petition,
107	the invalid initiative petition form within a specified
108	period after invalidation; requiring that such political
109	committee provide written notice to an elector whose
110	signature was invalidated within a specified period after
111	receipt of an invalid form from a supervisor; requiring
112	that the notice contain certain information and provide
113	the elector an opportunity to sign a replacement
114	initiative petition form; providing that certain electors
115	are exempt from certain provisions of state law for
116	specified purposes; providing for the applicability of
117	certain provisions of state law to initiative petition
118	forms; providing circumstances in which a registrant's
119	registration is rendered invalid; requiring notification
120	of such circumstances; requiring that the department
121	create a training program for applicants; providing
122	requirements for the program; authorizing the department
123	to conduct training through a secure website and to
124	contract with a third-party vendor for the administration
125	of the program; requiring that the department adopt rules;
126	requiring that the department establish a registration
127	fee; providing for the deposit of funds collected;
128	amending s. 101.043, F.S.; removing certain forms of
129	identification from the list of forms of identification
130	used to identify voters at a polling place; amending s.
131	101.045, F.S.; providing circumstances under which an
132	elector is eligible for a provisional ballot; amending s.
133	101.131, F.S.; providing procedures for the designation of
134	poll watchers; requiring that the division prescribe a
135	form for the designation of poll watchers; providing
136	conditions under which poll watchers are authorized to
137	enter polling areas and watch polls; requiring that a
138	supervisor of elections provide identification to poll
139	watchers a specified period before early voting begins;
140	requiring that poll watchers display such identification
141	at all times while in a polling place; amending s.
142	101.151, F.S.; requiring that marksense ballots be printed
143	by precinct; revising ballot layout specifications;
144	clarifying the order of candidate offices on a ballot;
145	amending s. 101.56075, F.S.; extending the deadline for
146	department compliance with the Help America Vote Act of
147	2002 and other specified provisions; amending s. 101.5612,
148	F.S.; requiring the use of certain ballots and technology
149	for preelection testing of tabulating equipment; amending
150	s. 101.591, F.S.; revising provisions relating to voting
151	system audits; requiring random postelection audits of
152	voting systems; providing audit procedures; requiring the
153	publication of an audit notice; prescribing requirements
154	for audit reports; providing procedures for requesting an
155	audit; requiring that the department adopt rules;
156	repealing s. 101.5911, F.S., relating to rulemaking
157	authority for voting system audit procedures; amending s.
158	101.62, F.S.; requiring that certain information regarding
159	absentee ballots be made available during a specified
160	period; requiring that a supervisor mail absentee ballots
161	during specified periods before primary and general
162	elections, or a specified period after receiving a request
163	for an absentee ballot under certain circumstances;
164	amending s. 101.64, F.S.; prohibiting a supervisor from
165	placing certain information on a mailing envelope
166	containing an absentee ballot; requiring that a supervisor
167	establish and maintain a prepaid account with the United
168	States Postal Service for specified purposes; amending s.
169	101.657, F.S.; requiring that a supervisor designate each
170	early voting site no later than a specified number of days
171	before a primary election; requiring that early voting
172	sites for a general election be held at the same sites
173	designated for a primary election; authorizing the
174	extension of early voting hours and days under certain
175	circumstances; prohibiting the disclosure of early voting
176	results before a certain time and requiring reporting of
177	results by precinct; amending s. 101.6923, F.S.; revising
178	the form for absentee ballot instructions for certain
179	first-time voters; amending s. 101.6952, F.S.; revising
180	procedures for processing absentee ballot requests and
181	communicating by electronic mail with overseas voters;
182	amending s. 101.697, F.S.; requiring that the department
183	determine whether secure electronic means can be
184	established for requesting, sending, or receiving absentee
185	ballots and ballot materials to and from overseas voters;
186	requiring that the department adopt rules for specified
187	purposes if such security can be established; amending s.
188	102.031, F.S.; prohibiting certain persons and
189	organizations from soliciting a voter while the voter is
190	in line to vote at any polling place or early voting site;
191	expanding the definition of the terms "solicit" and
192	"solicitation"; amending s. 102.111, F.S.; clarifying that
193	the Governor and Cabinet members shall serve as ex officio
194	members of the Elections Canvassing Commission;
195	establishing meeting times for the commission; amending s.
196	102.112, F.S.; conforming a cross-reference; amending s.
197	102.141, F.S.; providing circumstances under which the
198	Secretary of State, county canvassing board, or local
199	board is responsible for ordering recounts in elections;
200	amending s. 102.166, F.S.; making editorial changes;
201	amending s. 102.168, F.S.; revising the time by which to
202	submit a complaint contesting an election; identifying
203	indispensable parties in actions to contest an election;
204	amending s. 103.091, F.S.; authorizing a political party
205	to adopt additional qualifying requirements for certain
206	offices; revising membership of a state executive
207	committee; authorizing certain members of a political
208	party to vote by proxy if proxy voting is permitted by
209	party rule; providing that an elected or appointed member
210	of the state executive committee shall be considered a
211	full member of the committee; amending s. 103.121, F.S.;
212	specifying a venue for any action involving the
213	constitution, rules, or bylaws of a political party;
214	amending s. 105.031, F.S.; revising a requirement that a
215	qualifying officer furnish a printed copy of the candidate
216	oath to candidates for certain nonpartisan offices;
217	revising oath requirements; amending s. 106.011, F.S.;
218	providing that certain expenditures are not contributions
219	or expenditures for certain purposes; amending s. 106.08,
220	F.S.; deleting provisions limiting the amount of
221	contributions certain candidates may accept during a
222	specified period preceding a general election; revising
223	the list of items that a political party may provide to
224	candidates; amending s. 106.141, F.S.; requiring that a
225	qualifying officer notify a candidate of certain
226	requirements, fees, and obligations on surplus funds by a
227	specified period when the candidate becomes unopposed;
228	amending s. 106.143, F.S.; requiring that certain
229	political advertisements prominently state certain
230	information; authorizing certain political advertisements
231	to use names and abbreviations in the advertisement's
232	disclaimer; amending s. 106.17, F.S.; authorizing state
233	and county executive committees of a political party to
234	conduct political polls for specified purposes;
235	authorizing the sharing of the results of such polls under
236	certain conditions; providing that expenditures incurred
237	by state and county executive committees for such polls do
238	not constitute contributions to potential candidates;
239	amending s. 106.24, F.S.; specifying a term of appointment
240	for the executive director of the Florida Elections
241	Commission; requiring Senate confirmation of the
242	appointment; limiting the number of consecutive terms that
243	an executive director may serve; amending s. 106.29, F.S.;
244	authorizing the reporting of expenditures for salaries in
245	the aggregate in certain executive committee reports;
246	amending s. 106.295, F.S.; eliminating a prohibition on
247	leadership funds; amending ss. 121.121 and 379.352, F.S.;
248	conforming cross-references; amending s. 876.05, F.S.;
249	deleting a requirement that candidates for public office
250	take the public employee oath; repealing s. 876.07, F.S.,
251	relating to a requirement that a candidate file the public
252	employee oath as a prerequisite to qualifying for public
253	office; providing that certain signatures gathered before
254	a specified date may be verified and counted if otherwise
255	valid; providing that signatures gathered on or after such
256	date may be verified and counted only if gathered in
257	compliance with the act; providing for severability;
258	providing an effective date.
259
260	Be It Enacted by the Legislature of the State of Florida:
261
262	Section 1.  Section 97.0115, Florida Statutes, is created
263	to read:
264	97.0115  Preemption.--All matters set forth in chapters 97-
265	105 are preempted to the state, except as otherwise specifically
266	provided by law.
267	Section 2.  Subsection (16) is added to section 97.012,
268	Florida Statutes, to read:
269	97.012  Secretary of State as chief election officer.--The
270	Secretary of State is the chief election officer of the state,
271	and it is his or her responsibility to:
272	(16)  Provide direction and opinions to the supervisors of
273	elections on the performance of their official duties with
274	respect to chapters 97-102 and chapter 105 or rules adopted by
275	the Department of State.
276	Section 3.  Present subsection (36) of section 97.021,
277	Florida Statutes, is amended, subsections (32) through (43) are
278	renumbered as subsections (33) through (44), respectively, and a
279	new subsection (32) is added to that section, to read:
280	97.021  Definitions.--For the purposes of this code, except
281	where the context clearly indicates otherwise, the term:
282	(32)  "Registration agent" means an individual who solicits
283	or collects voter registration applications on behalf of a
284	third-party voter registration organization.
285	(37)(36)  "Third-party voter registration organization"
286	means any person, entity, or organization soliciting or
287	collecting voter registration applications. A third-party voter
288	registration organization does not include:
289	(a)  A person who seeks only to register to vote or collect
290	voter registration applications from that person's spouse,
291	child, or parent; or
292	(b)  A person engaged in registering to vote or collecting
293	voter registration applications as an employee or agent of the
294	division, the supervisor of elections, the Department of Highway
295	Safety and Motor Vehicles, or a voter registration agency.
296	Section 4.  Subsection (6) of section 97.052, Florida
297	Statutes, is repealed.
298	Section 5.  Subsection (6) of section 97.053, Florida
299	Statutes, is amended to read:
300	97.053  Acceptance of voter registration applications.--
301	(6)  A voter registration application may be accepted as
302	valid only after the department has verified the authenticity or
303	nonexistence of the driver's license number, the Florida
304	identification card number, or the last four digits of the
305	social security number provided by the applicant. If a completed
306	voter registration application has been received by the book-
307	closing deadline but the driver's license number, the Florida
308	identification card number, or the last four digits of the
309	social security number provided by the applicant cannot be
310	verified, the applicant shall be notified that the number cannot
311	be verified and that the applicant must provide evidence to the
312	supervisor sufficient to verify the authenticity of the
313	applicant's driver's license number, Florida identification card
314	number, or last four digits of the social security number. If
315	the applicant provides the necessary evidence, the supervisor
316	shall place the applicant's name on the registration rolls as an
317	active voter. If the applicant has not provided the necessary
318	evidence or the number has not otherwise been verified before
319	election day prior to the applicant presenting himself or
320	herself to vote, the applicant shall be provided a provisional
321	ballot. The provisional ballot shall be counted only if the
322	number is verified by the end of the canvassing period or if the
323	applicant presents evidence to the supervisor of elections
324	sufficient to verify the authenticity of the applicant's
325	driver's license number, Florida identification card number, or
326	last four digits of the social security number no later than 5
327	p.m. of the second day following the election.
328	Section 6.  Subsections (1) and (2) and paragraph (a) of
329	subsection (3) of section 97.0535, Florida Statutes, are amended
330	to read:
331	97.0535  Special requirements for certain applicants.--
332	(1)  Each applicant who registers by mail and who has never
333	previously voted in the state and who the department has
334	verified has not been issued a current and valid Florida
335	driver's license, Florida identification card, or social
336	security number shall be required to provide a copy of a current
337	and valid identification, as provided in subsection (3), or
338	indicate that he or she is exempt from the requirements prior to
339	voting. Such identification or indication may be provided at the
340	time of registering, or at any time before election day prior to
341	voting for the first time in the state. If the voter
342	registration application clearly provides information from which
343	a voter registration official can determine that the applicant
344	meets at least one of the exemptions in subsection (4), the
345	voter registration official shall make the notation on the
346	registration records of the statewide voter registration system
347	and the applicant shall not be required to provide the
348	identification required by this section.
349	(2)  The voter registration official shall, upon accepting
350	the voter registration application submitted pursuant to
351	subsection (1), determine if the applicant provided the required
352	identification at the time of registering. If the required
353	identification was not provided, the supervisor shall notify the
354	applicant that he or she must provide the identification before
355	election day prior to voting the first time in the state.
356	(3)(a)  The following forms of identification shall be
357	considered current and valid if they contain the name and
358	photograph of the applicant and have not expired:
359	1.  United States passport.
360	2.  Debit or credit card.
361	3.  Military identification.
362	4.  Student identification.
363	5.  Retirement center identification.
364	6.  Neighborhood association identification.
365	5.7.  Public assistance identification.
366	Section 7.  Section 97.0575, Florida Statutes, is amended
367	to read:
368	97.0575  Third-party voter registrations.--
369	(1)  A third-party voter registration organization shall
370	register and provide to the division the following information:
371	(a)  The names of the officers of the organization and the
372	name and permanent address of the organization.
373	(b)  The names, permanent addresses, temporary addresses,
374	if any, and dates of birth of each registration agent soliciting
375	or collecting voter registration applications in this state on
376	behalf of the organization.
377	(c)  A sworn statement from each registration agent
378	employed by or volunteering for the organization stating that
379	the registration agent will obey all state laws and rules
380	regarding the registration of voters. Such statement must be on
381	a form containing notice of criminal penalties applicable to
382	voter registration as provided in subsection (4) and ss. 104.011
383	and 104.012 and notice of criminal investigation of fraudulent
384	registrations as provided in s. 104.42.
385	(2)  All voter registration applications used by third-
386	party voter registration organizations shall contain information
387	identifying the third-party voter registration organization as
388	specified by rule of the division.
389	(3)(a)  A third-party voter registration organization and
390	any registration agent that collects voter registration
391	applications serve as a fiduciary to the applicant, ensuring
392	that any voter registration application entrusted to the
393	organization or the agent, irrespective of party affiliation,
394	race, ethnicity, or gender, shall be received by the division or
395	the supervisor of elections within 5 days after the organization
396	or agent collects it or the next business day if the office of
397	the appropriate supervisor of elections is closed on the fifth
398	day. For purposes of this subsection, the date on which an
399	applicant signs a voter registration application is presumed to
400	be the date on which the organization or agent collected the
401	voter registration application.
402	(b)  A showing by the organization that the failure to
403	deliver the voter registration application within the required
404	timeframe is based upon force majeure or impossibility of
405	performance shall be an affirmative defense to a violation of
406	this subsection.
407	(4)(a)  A person who willfully violates this section
408	commits a misdemeanor of the first degree, punishable as
409	provided in s. 775.082 or s. 775.083, and such person's status
410	as a registration agent shall be revoked.
411	(b)  If an officer of a third-party voter registration
412	organization or any person who has decisionmaking authority
413	involving a third-party voter registration organization's voter
414	registration activities violates a provision of this section,
415	such third-party voter registration organization is subject to a
416	civil fine of $250 for each violation, not to exceed in the
417	aggregate $10,000 for each calendar year.
418	(5)  The secretary shall refer any complaint and may refer
419	any other information relating to a potential violation of any
420	provision of this section to the Attorney General or the state
421	attorney for enforcement. The Attorney General or the state
422	attorney may institute a civil action for a violation of the
423	provisions of this section or to prevent a violation of the
424	provisions of this section. An action for relief may include a
425	permanent or temporary injunction or any other appropriate
426	order.
427	(1)  Prior to engaging in any voter registration
428	activities, a third-party voter registration organization shall
429	name a registered agent in the state and submit to the division,
430	in a form adopted by the division, the name of the registered
431	agent and the name of those individuals responsible for the day-
432	to-day operation of the third-party voter registration
433	organization, including, if applicable, the names of the
434	entity's board of directors, president, vice president, managing
435	partner, or such other individuals engaged in similar duties or
436	functions. On or before the 15th day after the end of each
437	calendar quarter, each third-party voter registration
438	organization shall submit to the division a report providing the
439	date and location of any organized voter registration drives
440	conducted by the organization in the prior calendar quarter.
441	(2)  The failure to submit the information required by
442	subsection (1) does not subject the third-party voter
443	registration organization to any civil or criminal penalties for
444	such failure, and the failure to submit such information is not
445	a basis for denying such third-party voter registration
446	organization with copies of voter registration application
447	forms.
448	(3)  A third-party voter registration organization that
449	collects voter registration applications serves as a fiduciary
450	to the applicant, ensuring that any voter registration
451	application entrusted to the third-party voter registration
452	organization, irrespective of party affiliation, race,
453	ethnicity, or gender shall be promptly delivered to the division
454	or the supervisor of elections. If a voter registration
455	application collected by any third-party voter registration
456	organization is not promptly delivered to the division or
457	supervisor of elections, the third-party voter registration
458	organization shall be liable for the following fines:
459	(a)  A fine in the amount of $50 for each application
460	received by the division or the supervisor of elections more
461	than 10 days after the applicant delivered the completed voter
462	registration application to the third-party voter registration
463	organization or any person, entity, or agent acting on its
464	behalf. A fine in the amount of $250 for each application
465	received if the third-party registration organization or person,
466	entity, or agency acting on its behalf acted willfully.
467	(b)  A fine in the amount of $100 for each application
468	collected by a third-party voter registration organization or
469	any person, entity, or agent acting on its behalf, prior to book
470	closing for any given election for federal or state office and
471	received by the division or the supervisor of elections after
472	the book closing deadline for such election. A fine in the
473	amount of $500 for each application received if the third-party
474	registration organization or person, entity, or agency acting on
475	its behalf acted willfully.
476	(c)  A fine in the amount of $500 for each application
477	collected by a third-party voter registration organization or
478	any person, entity, or agent acting on its behalf, which is not
479	submitted to the division or supervisor of elections. A fine in
480	the amount of $1,000 for any application not submitted if the
481	third-party registration organization or person, entity, or
482	agency acting on its behalf acted willfully.
483
484	The aggregate fine pursuant to this subsection which may be
485	assessed against a third-party voter registration organization,
486	including affiliate organizations, for violations committed in a
487	calendar year shall be $1,000. The fines provided in this
488	subsection shall be reduced by three-fourths in cases in which
489	the third-party voter registration organization has complied
490	with subsection (1). The secretary shall waive the fines
491	described in this subsection upon a showing that the failure to
492	deliver the voter registration application promptly is based
493	upon force majeure or impossibility of performance.
494	(6)(4)(a)  The division shall adopt rules to administer
495	this section. The division shall adopt by rule a form to elicit
496	specific information concerning the facts and circumstances from
497	a person who claims to have been registered to vote by a third-
498	party voter registration organization but who does not appear as
499	an active voter on the voter registration rolls.
500	(b)  The division may investigate any violation of this
501	section. Civil fines shall be assessed by the division and
502	enforced through any appropriate legal proceedings.
503	(5)  The date on which an applicant signs a voter
504	registration application is presumed to be the date on which the
505	third-party voter registration organization received or
506	collected the voter registration application.
507	(7)(6)  The civil fines provided in this section are in
508	addition to any applicable criminal penalties.
509	(7)  Fines collected pursuant to this section shall be
510	annually appropriated by the Legislature to the department for
511	enforcement of this section and for voter education.
512	(8)  The division may adopt rules to administer this
513	section.
514	Section 8.  Subsection (1) of section 97.073, Florida
515	Statutes, is amended to read:
516	97.073  Disposition of voter registration applications;
517	cancellation notice.--
518	(1)  The supervisor must notify each applicant whether of
519	the disposition of the applicant's voter registration
520	application. The notice must inform the applicant that the
521	application has been approved, is incomplete, has been denied,
522	or is a duplicate of a current registration.
523	(a)  If the application is approved, the supervisor shall
524	send the voter information card to the applicant no later than 2
525	weeks after approval. A voter information card sent to an
526	applicant constitutes notice of approval of registration.
527	(b)  If the application is incomplete because it fails to
528	provide any of the information required by s. 97.053(5), the
529	supervisor must request that the applicant supply the missing
530	information using a voter registration application signed by the
531	applicant. The notice must be sent by mail within 5 business
532	days after the supervisor has the information available in the
533	voter registration system. If the applicant does not respond
534	within 1 year after the date notice is sent, the application
535	record will be closed and the applicant shall be required to
536	submit another application.
537	(c)  If the application is denied, the supervisor shall
538	include in the A notice of denial must inform the applicant of
539	the reason the application was denied. The notice must be sent
540	by mail within 5 business days after the supervisor has the
541	information available in the voter registration system.
542	(d)  If the application is a duplicate of a current
543	registration, the supervisor shall process the application as an
544	update and enter updated information, including the signature,
545	into the current registration record. The voter shall be
546	notified that his or her voter registration record has been
547	updated and shall be issued a new voter information card.
548	Section 9.  Subsections (2) and (3) of section 98.065,
549	Florida Statutes, are amended to read:
550	98.065  Registration list maintenance programs.--
551	(2)  A supervisor must incorporate one or more of the
552	following procedures in the supervisor's biennial registration
553	list maintenance program under which:
554	(a)  Change-of-address information supplied by the United
555	States Postal Service through its licensees is used to identify
556	registered voters whose addresses might have changed;
557	(b)  Change-of-address information is identified from
558	returned nonforwardable return-if-undeliverable mail sent to all
559	registered voters in the county; or
560	(c)  Change-of-address information is identified from
561	returned nonforwardable return-if-undeliverable address
562	confirmation requests mailed to all registered voters who have
563	not voted in the last 2 years and who did not make a written
564	request that their registration records be updated during that
565	time.
566	(3)  A registration list maintenance program must be
567	conducted by each supervisor, at a minimum, quarterly in each
568	odd-numbered year and monthly in each even-numbered year, except
569	that the program must be completed no not later than 90 days
570	before prior to the date of any federal election. All list
571	maintenance actions associated with each voter must be entered,
572	tracked, and maintained in the statewide voter registration
573	system.
574	Section 10.  Subsection (3) of section 98.075, Florida
575	Statutes, is amended to read:
576	98.075  Registration records maintenance activities;
577	ineligibility determinations.--
578	(3)  DECEASED PERSONS.--
579	(a)1.  The department shall identify those registered
580	voters who are deceased by comparing information on the lists of
581	deceased persons received or obtained from:
582	a.  The Department of Health as provided in s. 98.093.
583	b.  The United States Social Security Administration,
584	including, but not limited to, any master death file or index
585	compiled by the administration.
586	2.  Within 7 days after Upon receipt of such information
587	through the statewide voter registration system, the supervisor
588	shall remove the name of the registered voter.
589	(b)  The supervisor shall remove the name of a deceased
590	registered voter from the statewide voter registration system
591	upon receipt of a copy of a death certificate issued by a
592	governmental agency authorized to issue death certificates.
593	Section 11.  Subsection (2) of section 98.0981, Florida
594	Statutes, is amended to read:
595	98.0981  Reports; voting history; statewide voter
596	registration system information; precinct-level election
597	results; book closing statistics.--
598	(2)  PRECINCT-LEVEL ELECTION RESULTS.--
599	(a)  Within 45 days after the date of a presidential
600	preference primary election, a special election, or a general
601	election, the supervisors of elections shall collect and submit
602	to the department precinct-level election results for the
603	election in a uniform electronic format specified by the
604	department. The precinct-level election results shall be
605	compiled separately for the primary or special primary election
606	that preceded the general or special general election,
607	respectively. The results shall specifically include for each
608	precinct the aggregate total of all ballots cast subtotaled by
609	ballot type for each candidate or nominee to fill a national,
610	state, county, or district office or proposed constitutional
611	amendment.
612	(b)  In precincts where three or fewer total ballots were
613	cast, the supervisors of elections shall report only the
614	aggregate total of all ballots cast.
615	(c)  As used in this subsection, "all ballots cast" means
616	ballots cast by voters who cast a ballot whether at a precinct
617	location, by absentee ballot including overseas absentee
618	ballots, during the early voting period, or by provisional
619	ballot.
620	Section 12.  Section 99.012, Florida Statutes, is amended
621	to read:
622	99.012  Restrictions on individuals qualifying for public
623	office.--
624	(1)  As used in this section:
625	(a)  "Officer" means a person, whether elected or
626	appointed, who has the authority to exercise the sovereign power
627	of the state pertaining to an office recognized under the State
628	Constitution or laws of the state. With respect to a
629	municipality, the term "officer" means a person, whether elected
630	or appointed, who has the authority to exercise municipal power
631	as provided by the State Constitution, state laws, or municipal
632	charter.
633	(b)  "Subordinate officer" means a person who has been
634	delegated the authority to exercise the sovereign power of the
635	state by an officer. With respect to a municipality, subordinate
636	officer means a person who has been delegated the authority to
637	exercise municipal power by an officer.
638	(2)  No person may qualify as a candidate for more than one
639	public office, whether federal, state, district, county, or
640	municipal, if the terms or any part thereof run concurrently
641	with each other.
642	(3)(a)  No officer may qualify as a candidate for another
643	state, district, county, or municipal public office if the terms
644	or any part thereof run concurrently with each other without
645	resigning from the office he or she presently holds.
646	(b)  The resignation is irrevocable.
647	(c)  The written resignation must be submitted at least 10
648	days prior to the first day of qualifying for the office he or
649	she intends to seek.
650	(d)  The resignation must be effective no later than the
651	earlier of the following dates:
652	1.  The date the officer would take office, if elected; or
653	2.  The date the officer's successor is required to take
654	office.
655	(e)1.  An elected district, county, or municipal officer
656	must submit his or her resignation to the officer before whom he
657	or she qualified for the office he or she holds, with a copy to
658	the Governor and the Department of State.
659	2.  An appointed district, county, or municipal officer
660	must submit his or her resignation to the officer or authority
661	which appointed him or her to the office he or she holds, with a
662	copy to the Governor and the Department of State.
663	3.  All other officers must submit their resignations to
664	the Governor with a copy to the Department of State.
665	(f)1.  With regard to an elective office, the resignation
666	creates a vacancy in office to be filled by election. Persons
667	may qualify as candidates for nomination and election as if the
668	public officer's term were otherwise scheduled to expire.
669	2.  With regard to an elective charter county office or
670	elective municipal office, the vacancy created by the officer's
671	resignation may be filled for that portion of the officer's
672	unexpired term in a manner provided by the respective charter.
673	The office is deemed vacant upon the effective date of the
674	resignation submitted by the official in his or her letter of
675	resignation.
676	(g)  Any officer who submits his or her resignation,
677	effective immediately or effective on a date prior to the date
678	of his or her qualifying for office, may then qualify for office
679	as a nonofficeholder, and the provisions of this subsection do
680	not apply.
681	(4)(a)  Any officer who qualifies for federal public office
682	must resign from the office he or she presently holds if the
683	terms or any part thereof run concurrently with each other.
684	(b)  The resignation is irrevocable.
685	(c)  The resignation must be submitted no later than the
686	date upon which the officer qualifies for office.
687	(d)  The written resignation must be effective no later
688	than the earlier of the following dates:
689	1.  The date the officer would take office, if elected; or
690	2.  The date the officer's successor is required to take
691	office.
692	(e)1.  An elected district, county, or municipal officer
693	must submit his or her resignation to the officer before whom he
694	or she qualified for the office he or she holds, with a copy to
695	the Governor and the Department of State.
696	2.  An appointed district, county, or municipal officer
697	must submit his or her resignation to the officer or authority
698	which appointed him or her to the office he or she holds, with a
699	copy to the Governor and the Department of State.
700	3.  All other officers must submit their resignations to
701	the Governor with a copy to the Department of State.
702	(f)1.  The failure of an officer who qualifies for federal
703	public office to submit a resignation pursuant to this
704	subsection constitutes an automatic irrevocable resignation,
705	effective immediately, from the office he or she presently
706	holds.
707	2.  The Department of State shall send a notice of the
708	automatic resignation to the Governor, and in the case of a
709	district, county, or municipal officer, a copy to:
710	a.  The officer before whom he or she qualified if the
711	officer held an elective office; or
712	b.  The person or authority who appointed the officer if
713	the officer held an appointive office.
714	(g)  The provisions of any special act to the contrary
715	notwithstanding, with regard to an elective office, the
716	resignation creates a vacancy in office to be filled by
717	election, thereby permitting persons to qualify as candidates
718	for nomination and election as if the officer's term were
719	otherwise scheduled to expire. With regard to an elective
720	charter county office or elective municipal office, the vacancy
721	created by the officer's resignation may be filled for that
722	portion of the officer's unexpired term in a manner provided by
723	the respective charter. The office is deemed vacant upon the
724	effective date of the resignation submitted by the official in
725	his or her letter of resignation.
726	(5)(4)  A person who is a subordinate officer, deputy
727	sheriff, or police officer must resign effective upon qualifying
728	pursuant to this chapter if the person is seeking to qualify for
729	a public office that is currently held by an officer who has
730	authority to appoint, employ, promote, or otherwise supervise
731	that person and who has qualified as a candidate for reelection
732	to that office.
733	(6)(5)  The name of any person who does not comply with
734	this section may be removed from every ballot on which it
735	appears when ordered by a circuit court upon the petition of an
736	elector or the Department of State.
737	(7)(6)  This section does not apply to:
738	(a)  Political party offices.
739	(b)  Persons serving without salary as members of an
740	appointive board or authority.
741	(8)(7)  Nothing contained in subsections subsection (3) and
742	(4) relate relates to persons holding any federal office.
743	(9)  Any person who does not comply with this section shall
744	not be qualified as a candidate for election and shall be
745	removed from the ballot by the qualifying officer.
746	Section 13.  Paragraph (a) of subsection (1) of section
747	99.021, Florida Statutes, is amended to read:
748	99.021  Form of candidate oath.--
749	(1)(a)1.  Each candidate, whether a party candidate, a
750	candidate with no party affiliation, or a write-in candidate, in
751	order to qualify for nomination or election to any office other
752	than a judicial office as defined in chapter 105 or a federal
753	office, shall take and subscribe to an oath or affirmation in
754	writing. A printed copy of the oath or affirmation shall be made
755	available furnished to the candidate by the officer before whom
756	such candidate seeks to qualify and shall be substantially in
757	the following form:
758
759	State of Florida
760	County of....
761	Before me, an officer authorized to administer oaths,
762	personally appeared ...(please print name as you wish it to
763	appear on the ballot)..., to me well known, who, being sworn,
764	says that he or she is a candidate for the office of ....; that
765	he or she is a qualified elector of .... County, Florida; that
766	he or she is qualified under the Constitution and the laws of
767	Florida to hold the office to which he or she desires to be
768	nominated or elected; that he or she has taken the oath required
769	by ss. 876.05-876.10, Florida Statutes; that he or she has
770	qualified for no other public office in the state, the term of
771	which office or any part thereof runs concurrent with that of
772	the office he or she seeks; and that he or she has resigned from
773	any office from which he or she is required to resign pursuant
774	to s. 99.012, Florida Statutes; and that he or she will support
775	the Constitution of the United States and the Constitution of
776	the State of Florida.
777	...(Signature of candidate)...
778	...(Address)...
779
780	Sworn to and subscribed before me this .... day of ....,
781	...(year),... at .... County, Florida.
782	...(Signature and title of officer administering oath)...
783	2.  Each candidate for federal office, whether a party
784	candidate, a candidate with no party affiliation, or a write-in
785	candidate, in order to qualify for nomination or election to
786	office, shall take and subscribe to an oath or affirmation in
787	writing. A printed copy of the oath or affirmation shall be made
788	available furnished to the candidate by the officer before whom
789	such candidate seeks to qualify and shall be substantially in
790	the following form:
791
792	State of Florida
793	County of ....
794	Before me, an officer authorized to administer oaths,
795	personally appeared ...(please print name as you wish it to
796	appear on the ballot)..., to me well known, who, being sworn,
797	says that he or she is a candidate for the office of ....; that
798	he or she is qualified under the Constitution and laws of the
799	United States to hold the office to which he or she desires to
800	be nominated or elected; and that he or she has qualified for no
801	other public office in the state the term of which office or any
802	part thereof runs concurrent with that of the office he or she
803	seeks; that he or she has resigned from any office from which he
804	or she is required to resign pursuant to s. 99.012, Florida
805	Statutes; and that he or she will support the Constitution of
806	the United States.
807	...(Signature of candidate)...
808	...(Address)...
809
810	Sworn to and subscribed before me this .... day of ....,
811	...(year),... at .... County, Florida.
812	...(Signature and title of officer administering oath)...
813	Section 14.  Subsections (5) and (7) of section 99.061,
814	Florida Statutes, are amended to read:
815	99.061  Method of qualifying for nomination or election to
816	federal, state, county, or district office.--
817	(5)  At the time of qualifying for office, each candidate
818	for a constitutional office shall file a full and public
819	disclosure of financial interests pursuant to s. 8, Art. II of
820	the State Constitution, duly notarized pursuant to s. 117.05,
821	and a candidate for any other office, including local elective
822	office, shall file a statement of financial interests pursuant
823	to s. 112.3145.
824	(7)(a)  In order for a candidate to be qualified, the
825	original of the following items must be received by the filing
826	officer by the end of the qualifying period:
827	1.  A properly executed check drawn upon the candidate's
828	campaign account payable to the person or entity as prescribed
829	by the filing officer in an amount not less than the fee
830	required by s. 99.092, unless the candidate obtained the
831	required number of signatures on petitions or, in lieu thereof,
832	as applicable, the copy of the notice of obtaining ballot
833	position pursuant to s. 99.095. The filing fee for a special
834	district candidate is not required to be drawn upon the
835	candidate's campaign account. If a candidate's check is returned
836	by the bank for any reason, the filing officer shall immediately
837	notify the candidate and the candidate shall, the end of
838	qualifying notwithstanding, have 48 hours from the time such
839	notification is received, excluding Saturdays, Sundays, and
840	legal holidays, to pay the fee with a cashier's check purchased
841	from funds of the campaign account. Failure to pay the fee as
842	provided in this subparagraph shall disqualify the candidate.
843	2.  The candidate's oath required by s. 99.021, which must
844	contain the name of the candidate as it is to appear on the
845	ballot; the office sought, including the district or group
846	number if applicable; and the signature of the candidate, duly
847	notarized pursuant to s. 117.05 acknowledged.
848	3.  The loyalty oath required by s. 876.05, signed by the
849	candidate and duly acknowledged.
850	3.4.  If the office sought is partisan, the written
851	statement of political party affiliation required by s.
852	99.021(1)(b).
853	4.5.  The completed form for the appointment of campaign
854	treasurer and designation of campaign depository, as required by
855	s. 106.021, to include the name, address, and telephone number
856	of the candidate; the office sought, with district, circuit, or
857	group designation, as applicable; the party affiliation, as
858	applicable; the name, address, and telephone number of the
859	campaign treasurer; the name and address of the primary campaign
860	depository; the dated signatures of the candidate and the
861	campaign treasurer; and the acceptance of the appointment by the
862	campaign treasurer.
863	5.6.  The full and public disclosure or statement of
864	financial interests required by subsection (5). A public officer
865	who has filed the full and public disclosure or statement of
866	financial interests with the Commission on Ethics or the
867	supervisor of elections prior to qualifying for office may file
868	a copy of that disclosure at the time of qualifying.
869	(b)  If the filing officer receives qualifying papers
870	during the qualifying period prescribed in this section that do
871	not include all items as required by paragraph (a) prior to the
872	last day of qualifying, the filing officer shall make a
873	reasonable effort to notify the candidate of the missing or
874	incomplete items and shall inform the candidate that all
875	required items must be received by the close of qualifying. A
876	candidate's name as it is to appear on the ballot may not be
877	changed after the end of qualifying.
878	Section 15.  Subsection (2) of section 99.063, Florida
879	Statutes, is amended to read:
880	99.063  Candidates for Governor and Lieutenant Governor.--
881	(2)  No later than 5 p.m. of the 9th day following the
882	primary election, each designated candidate for Lieutenant
883	Governor shall file with the Department of State:
884	(a)  The candidate's oath required by s. 99.021, which must
885	contain the name of the candidate as it is to appear on the
886	ballot; the office sought; and the signature of the candidate,
887	duly acknowledged.
888	(b)  The loyalty oath required by s. 876.05, signed by the
889	candidate and duly acknowledged.
890	(b)(c)  If the office sought is partisan, the written
891	statement of political party affiliation required by s.
892	99.021(1)(b).
893	(c)(d)  The full and public disclosure of financial
894	interests pursuant to s. 8, Art. II of the State Constitution. A
895	public officer who has filed the full and public disclosure with
896	the Commission on Ethics prior to qualifying for office may file
897	a copy of that disclosure at the time of qualifying.
898	Section 16.  Paragraph (d) is added to subsection (4) of
899	section 100.111, Florida Statutes, subsection (5) of that
900	section is renumbered as subsection (6), and a new subsection
901	(5) is added to that section, to read:
902	100.111  Filling vacancy.--
903	(4)
904	(d)  A candidate for any state legislative or county office
905	who wins an open primary shall be deemed elected at that time.
906	(5)  A vacancy in nomination is not created if it is
907	determined that a nominee did not properly qualify or does not
908	meet the necessary qualifications to hold the office for which
909	he or she sought to qualify.
910	Section 17.  Subsection (3) and paragraph (a) of subsection
911	(6) of section 100.371, Florida Statutes, are amended to read:
912	100.371  Initiatives; procedure for placement on ballot.--
913	(3)  An initiative petition form circulated for signature
914	may not be bundled with or attached to any other petition. Each
915	signature shall be dated when made and shall be valid for a
916	period of 2 4 years following such date, provided all other
917	requirements of law are met. The sponsor shall submit signed and
918	dated forms to the appropriate supervisor of elections for
919	verification as to the number of registered electors whose valid
920	signatures appear thereon. Petition forms must be submitted to
921	the supervisor of elections within 45 days after the date on
922	which the petition was signed in order to be valid. The
923	supervisor shall promptly verify the signatures within 30 days
924	after of receipt of the petition forms and payment of the fee
925	required by s. 99.097. The supervisor shall promptly record, in
926	the manner prescribed by the Secretary of State, the date each
927	form is received by the supervisor, and the date the signature
928	on the form is verified as valid. The supervisor may verify that
929	the signature on a form is valid only if:
930	(a)  The form contains the original signature of the
931	purported elector.
932	(b)  The purported elector has accurately recorded on the
933	form the date on which he or she signed the form.
934	(c)  The form accurately sets forth the purported elector's
935	name, street address, county, and voter registration number or
936	date of birth.
937	(d)  The purported elector is, at the time he or she signs
938	the form, a duly qualified and registered elector authorized to
939	vote in the county in which his or her signature is submitted.
940
941	The supervisor shall retain the signature forms for at least 1
942	year following the election in which the issue appeared on the
943	ballot or until the Division of Elections notifies the
944	supervisors of elections that the committee which circulated the
945	petition is no longer seeking to obtain ballot position.
946	(6)(a)  An elector's signature on a petition form may be
947	revoked within 150 days of the date on which he or she signed
948	the petition form by submitting to the appropriate supervisor of
949	elections a signed petition-revocation form.
950	Section 18.  Section 100.372, Florida Statutes, is created
951	to read:
952	100.372  Paid petition circulators.--
953	(1)  DEFINITIONS.--As used in this section, the term:
954	(a)  "Department" means the Department of State.
955	(b)  "Paid petition circulator" means a petition circulator
956	who receives compensation or other valuable consideration as a
957	direct or indirect consequence of engaging in the activities
958	described in paragraph (c), other than for the reimbursement of
959	legitimate out-of-pocket expenses incurred by the petition
960	circulator in the ordinary course of these activities, as
961	specified by rule of the department.
962	(c)  "Petition circulator" means a person who, in the
963	context of a direct, face-to-face interaction, presents to
964	another person for his or her possible signature an initiative
965	petition form.
966	(d)  "Registrant" means a person who is registered with the
967	department as a paid petition circulator.
968	(2)  PROHIBITION ON UNREGISTERED PAID PETITION
969	CIRCULATING.--A person may not engage in any activities as a
970	paid petition circulator in this state without first registering
971	with the department. A person or entity may not provide
972	compensation or other valuable consideration as a direct or
973	indirect consequence of the activities described in paragraph
974	(1)(c) to a petition circulator who is not registered with the
975	department as a paid petition circulator.
976	(3)  REGISTRATION FOR PAID PETITION CIRCULATORS;
977	REQUIREMENTS.--
978	(a)  A person may not engage in activities as a paid
979	petition circulator unless the person:
980	1.  Has registered with the department;
981	2.  Submits a signed written affirmation to the department
982	that he or she has not been convicted of a criminal offense in
983	this state or any other state or under federal law involving
984	fraud, forgery, perjury, or identity theft within the 4 years
985	immediately preceding the date on which the application was
986	submitted; and
987	3.  Does not receive compensation based upon the number of
988	initiative petition signatures obtained.
989	(b)  A person may apply to the department for the
990	registration required under paragraph (a). The application must
991	include:
992	1.  The full name and any assumed name of the applicant.
993	2.  The residential street address of the applicant.
994	3.  The signature of the applicant.
995	4.  Identification of the initiative petitions that the
996	applicant will be circulating.
997	5.  The name, street address, and telephone number of the
998	person or entity from which the applicant will receive
999	compensation as a direct or indirect consequence of the
1000	activities described in paragraph (1)(c).
1001	6.  A statement signed by the applicant acknowledging that
1002	the applicant has read and understands state and federal law
1003	applicable to the gathering of signatures on initiative petition
1004	forms, as the law is summarized in the training program
1005	established by the department.
1006	7.  Evidence indicating that the applicant has completed
1007	the training program set forth in subsection (6).
1008	8.  Two 2-inch by 2-inch passport-style photographs of the
1009	applicant.
1010	9.  Such other information as the department deems
1011	necessary for the effective administration of the registration
1012	program.
1013	(c)  If an applicant meets the requirements of paragraph
1014	(a), the department shall register the applicant and assign the
1015	applicant a registration number no later than 5 business days
1016	after the date on which the completed application is received.
1017	As a condition of registration, the registrant shall notify the
1018	department in writing of any change in the information submitted
1019	pursuant to this subsection within 10 business days after such
1020	change.
1021	(4)  AFFIRMATION AND EVIDENCE OF REGISTRATION REQUIRED;
1022	EFFECTS OF NONCOMPLIANCE.--
1023	(a)  A signed written affirmation from an authorized
1024	representative of the political committee sponsoring the
1025	initiative petition must accompany any initiative petition forms
1026	submitted for verification to a supervisor of elections if the
1027	forms were collected by a paid petition circulator. The
1028	affirmation must attest that the initiative petition forms were
1029	collected in compliance with the requirements of this section.
1030	The department shall adopt rules prescribing the form for such
1031	affirmation. The form shall identify the potential criminal and
1032	civil penalties for submitting a false affirmation.
1033	(b)  The department shall issue to a registrant evidence of
1034	registration which shall include the registrant's photograph and
1035	registration number. Such evidence of registration shall
1036	constitute valid proof of the registrant's compliance with this
1037	section. The department shall designate by rule the form of the
1038	evidence of registration.
1039	(c)  Every initiative petition form presented by a
1040	registrant to a person for his or her possible signature must
1041	contain that registrant's registration number as issued by the
1042	department.
1043	(d)  If a signature on a petition form regarding ballot
1044	placement for an initiative is not gathered in full compliance
1045	with this section, the signature is invalid and may not be
1046	verified and counted by the supervisor of elections. If a
1047	signature is invalidated under this section, the supervisor of
1048	elections shall return, at the expense of the political
1049	committee sponsoring the initiative petition, the invalid
1050	initiative petition form to the political committee within 30
1051	days after invalidation. The political committee shall, within
1052	30 days after receipt of an invalid initiative petition form
1053	from a supervisor of elections, provide written notice to an
1054	elector whose signature was invalidated. The notice must inform
1055	the elector that his or her signature on the initiative petition
1056	form was invalidated due to the failure of the paid petition
1057	circulator who obtained the elector's signature on the
1058	initiative petition form to comply with Florida law and provide
1059	the elector the opportunity to sign another initiative petition
1060	form as a replacement for the invalidated initiative petition.
1061	An elector whose signature on an initiative petition form is
1062	invalidated under this section and who signs another initiative
1063	petition form as a replacement for the invalidated initiative
1064	petition is not subject to s. 104.185(1) for purposes of this
1065	paragraph. An initiative petition form submitted to a supervisor
1066	of elections under the conditions set forth in this section is
1067	subject to s. 100.371.
1068	(5)  INVALID REGISTRATION.--If, at any time, a registered
1069	paid petition circulator no longer satisfies one or more of the
1070	requirements set forth in this section, the registration is
1071	immediately rendered invalid by operation of law and the person
1072	shall cease all activities as a paid petition circulator. The
1073	person shall also notify the department in writing of his or her
1074	failure to meet one or more of the requirements set forth in
1075	this section within 10 business days.
1076	(6)  TRAINING.--The department shall create a training
1077	program to provide applicants with an overview and explanation
1078	of the state and federal laws governing the gathering of
1079	initiative petitions in this state, including, but not limited
1080	to, all relevant statutes, rules, and court rulings. The
1081	department may conduct training programs through a secure
1082	website and may contract with a third-party vendor for the
1083	administration of the training program.
1084	(7)  RULEMAKING.--The department shall adopt rules pursuant
1085	to ss. 120.536(1) and 120.54 to administer this section,
1086	including the adoption of a registration fee necessary to cover
1087	the department's cost of registration, training, and regulation.
1088	Funds collected from registrants shall be deposited into the
1089	department's Grants and Donations Trust Fund.
1090	Section 19.  Subsection (1) of section 101.043, Florida
1091	Statutes, is amended to read:
1092	101.043  Identification required at polls.--
1093	(1)  The precinct register, as prescribed in s. 98.461,
1094	shall be used at the polls for the purpose of identifying the
1095	elector at the polls prior to allowing him or her to vote. The
1096	clerk or inspector shall require each elector, upon entering the
1097	polling place, to present one of the following current and valid
1098	picture identifications:
1099	(a)  Florida driver's license.
1100	(b)  Florida identification card issued by the Department
1101	of Highway Safety and Motor Vehicles.
1102	(c)  United States passport.
1103	(d)  Debit or credit card.
1104	(e)  Military identification.
1105	(f)  Student identification.
1106	(g)  Retirement center identification.
1107	(h)  Neighborhood association identification.
1108	(g)(i)  Public assistance identification.
1109
1110	If the picture identification does not contain the signature of
1111	the voter, an additional identification that provides the
1112	voter's signature shall be required. The elector shall sign his
1113	or her name in the space provided on the precinct register or on
1114	an electronic device provided for recording the voter's
1115	signature. The clerk or inspector shall compare the signature
1116	with that on the identification provided by the elector and
1117	enter his or her initials in the space provided on the precinct
1118	register or on an electronic device provided for that purpose
1119	and allow the elector to vote if the clerk or inspector is
1120	satisfied as to the identity of the elector.
1121	Section 20.  Paragraph (d) of subsection (2) of section
1122	101.045, Florida Statutes, is amended to read:
1123	101.045  Electors must be registered in precinct;
1124	provisions for change of residence or name.--
1125	(2)
1126	(d)  An elector who presents an affirmation or application
1127	for change in address of legal residence at the precinct in
1128	which the elector is entitled to vote shall be entitled to cast
1129	a provisional ballot, subject to the requirements and procedures
1130	in s. 101.048. In the case of an affirmation or application for
1131	change of name, such affirmation or application, when completed
1132	and presented at the precinct in which such elector is entitled
1133	to vote, and upon verification of the elector's registration,
1134	shall entitle such elector to vote as provided in this
1135	subsection. If the elector's eligibility to vote cannot be
1136	determined, he or she shall be entitled to vote a provisional
1137	ballot, subject to the requirements and procedures in s.
1138	101.048. Upon receipt of an affirmation or application
1139	certifying a change in address of legal residence or name, the
1140	supervisor shall as soon as practicable make the necessary
1141	changes in the statewide voter registration system to indicate
1142	the change in address of legal residence or name of such
1143	elector.
1144	Section 21.  Subsection (2) of section 101.131, Florida
1145	Statutes, is amended, and subsections (4), (5), and (6) are
1146	added to that section, to read:
1147	101.131  Watchers at polls.--
1148	(2)  Each party, each political committee, and each
1149	candidate requesting to have poll watchers shall designate, in
1150	writing to the supervisor of elections, on a form prescribed by
1151	the division, before prior to noon of the second Tuesday
1152	preceding the election, poll watchers for each polling room on
1153	election day. Designations of poll watchers for early voting
1154	areas shall be submitted in writing to the supervisor of
1155	elections, on a form prescribed by the division, before noon at
1156	least 14 days before early voting begins. The poll watchers for
1157	each polling rooms room shall be approved by the supervisor of
1158	elections on or before the Tuesday before the election. Poll
1159	watchers for early voting areas shall be approved by the
1160	supervisor of elections no later than 7 days before early voting
1161	begins. The supervisor shall furnish to each election board a
1162	list of the poll watchers designated and approved for such
1163	polling rooms room or early voting areas area. Poll watchers
1164	shall be designated by the chair of the county executive
1165	committee of a political party, the chair of a political
1166	committee, or the candidate requesting the presence of poll
1167	watchers.
1168	(4)  All poll watchers shall be allowed to enter and watch
1169	polls in all polling rooms and early voting areas within the
1170	county for which they have been designated if the number of poll
1171	watchers at any particular polling place does not exceed the
1172	number provided in this section.
1173	(5)  The supervisor of elections shall provide to each
1174	designated poll watcher, no later than 7 days before early
1175	voting begins, a poll watcher identification badge that
1176	identifies the poll watcher by name. Each poll watcher shall
1177	display his or her identification badge while in the polling
1178	room or early voting area.
1179	(6)  The division shall adopt by rule the style and
1180	requirements for the poll watcher form required in subsection
1181	(2).
1182	Section 22.  Paragraph (c) is added to subsection (1) of
1183	section 101.151, Florida Statutes, and subsections (2) and (3)
1184	of that section are amended, to read:
1185	101.151  Specifications for ballots.--
1186	(1)
1187	(c)  Marksense ballots shall be printed by precinct.
1188	(2)(a)  The ballot shall have the following office titles
1189	headings under which shall appear the names of the offices and
1190	the names of the candidates for the respective offices in the
1191	following order:
1192	1.  The official titles of heading "President and Vice
1193	President of the United States" and thereunder the names of the
1194	candidates for President and Vice President of the United States
1195	nominated by the political party that received the highest vote
1196	for Governor in the last general election of the Governor in
1197	this state. Then shall appear the names of other candidates for
1198	President and Vice President of the United States who have been
1199	properly nominated.
1200	2.  The official titles Then shall follow the heading
1201	"Congressional" and thereunder the offices of United States
1202	Senator and Representative in Congress.;
1203	3.  The official titles then the heading "State" and
1204	thereunder the offices of Governor and Lieutenant Governor,
1205	Attorney General, Chief Financial Officer, Commissioner of
1206	Agriculture, State Attorney, followed by the applicable judicial
1207	circuit for the office, and Public Defender, followed by the
1208	applicable judicial circuit for the office. together with the
1209	names of the candidates for each office and the title of the
1210	office which they seek; then the heading "Legislative" and
1211	thereunder
1212	4.  The official titles offices of State Senator and State
1213	Representative, each followed by the applicable district for the
1214	office.; then the heading "County" and thereunder
1215	5.  The official titles of County Clerk of the Circuit
1216	Court, or Clerk of the Circuit Court and Comptroller (whichever
1217	is applicable and when authorized by law), Clerk of the County
1218	Court (when authorized by law), County Sheriff, County Property
1219	Appraiser, County Tax Collector, District Superintendent of
1220	Schools, and County Supervisor of Elections.
1221	6.  The official titles Thereafter follows: members of the
1222	Board of County Commissioner Commissioners, followed by the
1223	applicable district, and such other county and district offices
1224	as are involved in the election, in the order fixed by the
1225	Department of State, followed, in the year of their election, by
1226	"Party Offices," and thereunder the offices of state and county
1227	party executive committee members.
1228	(b)  In a general election, in addition to the names
1229	printed on the ballot, a blank space shall be provided under
1230	each heading for an office for which a write-in candidate has
1231	qualified. With respect to write-in candidates, if two or more
1232	candidates are seeking election to one office, only one blank
1233	space shall be provided.
1234	(c)(b)  When more than one candidate is nominated for
1235	office, the candidates for such office shall qualify and run in
1236	a group or district, and the group or district number shall be
1237	printed beneath the name of the office. Each nominee of a
1238	political party chosen in a primary shall appear on the general
1239	election ballot in the same numbered group or district as on the
1240	primary election ballot.
1241	(d)(c)  If in any election all the offices as set forth in
1242	paragraph (a) are not involved, those offices not to be filled
1243	shall be omitted and the remaining offices shall be arranged on
1244	the ballot in the order named.
1245	(3)(a)  The names of the candidates of the party that
1246	received the highest number of votes for Governor in the last
1247	election in which a Governor was elected shall be placed first
1248	under the heading for each office on the general election
1249	ballot, together with an appropriate abbreviation of the party
1250	name; the names of the candidates of the party that received the
1251	second highest vote for Governor shall be placed second under
1252	the heading for each office, together with an appropriate
1253	abbreviation of the party name.
1254	(b)  Minor political party candidates and candidates with
1255	no party affiliation shall have their names appear on the
1256	general election ballot following the names of recognized
1257	political parties, in the same order as they were qualified
1258	certified.
1259	Section 23.  Subsection (3) of section 101.56075, Florida
1260	Statutes, is amended to read:
1261	101.56075  Voting methods.--
1262	(3)  By 2016 2012, persons with disabilities shall vote on
1263	a voter interface device that meets the voter accessibility
1264	requirements for individuals with disabilities under s. 301 of
1265	the federal Help America Vote Act of 2002 and s. 101.56062 which
1266	are consistent with subsection (1) of this section.
1267	Section 24.  Subsection (5) of section 101.5612, Florida
1268	Statutes, is amended to read:
1269	101.5612  Testing of tabulating equipment.--
1270	(5)  Any tests involving marksense ballots pursuant to this
1271	section shall employ test preprinted ballots created by the
1272	supervisor of elections using actual ballots that have been
1273	printed for the election., If preprinted ballots will be used in
1274	the election, and ballot-on-demand ballots will be used in the
1275	election, the supervisor shall also create test ballots using
1276	the, if ballot-on-demand technology that will be used to produce
1277	ballots in the election, using the same paper stock as will be
1278	used for ballots in the election or both.
1279	Section 25.  Section 101.591, Florida Statutes, is amended
1280	to read:
1281	(Substantial rewording of section. See
1282	s. 101.591, F.S., for present text.)
1283	101.591  Postcertification manual audit.--
1284	(1)  The county canvassing board or the local board
1285	responsible for certifying the election shall conduct a manual
1286	audit of the voting system used in the election. The audit shall
1287	be conducted by performing manual counts of votes on marksense
1288	ballots and of ballot images on direct recording electronic
1289	machines in randomly selected precincts and comparing them to
1290	the corresponding certification for the purpose of ensuring that
1291	the voting system used in the election properly accounted for
1292	all votes.
1293	(2)  Except as otherwise provided in this section, the
1294	audit shall consist of a public manual count of the votes cast
1295	in three randomly selected races appearing on the ballot in 3
1296	percent of the precincts in which those races were conducted. If
1297	3 percent of the precincts equals less than a whole number, the
1298	number of precincts to be audited shall be rounded up to the
1299	next whole number. The races and the precincts shall be selected
1300	at a publicly noticed canvassing board meeting. The random
1301	selection of the races and precincts shall be conducted at 3
1302	p.m. on the 9th day after a primary election and at 3 p.m. on
1303	the 14th day after a general election.
1304	(3)  The audit shall begin as soon as practicable after the
1305	selection of races and precincts. The canvassing board shall
1306	publish a notice of the audit, including the date, time, and
1307	place thereof, in a newspaper of general circulation in the
1308	county and post the notice on the home page of the supervisor of
1309	elections' Internet website at least 48 hours before the
1310	beginning of the audit.
1311	(4)  The audit must be completed and the results made
1312	public no later than 11:59 p.m. on the 7th day after selection
1313	of the races and precincts. Within 7 days after completion of
1314	the audit, the county canvassing board or local board
1315	responsible for conducting the audit shall provide a report with
1316	the results of the audit to the Department of State in a
1317	standard format as prescribed by the department.
1318	(5)  In any election in which a candidate or issue was
1319	entitled to a review or counting of overvotes or undervotes
1320	pursuant to s. 102.166, such candidate or committee chair may
1321	request in writing that a manual audit be conducted in that
1322	race. For federal, state, or multicounty candidates, the request
1323	shall be made to the Secretary of State, who shall immediately
1324	notify all counties affected by the request. For all other
1325	candidates, the request shall be made to the canvassing board
1326	responsible for certifying the election. The request must be
1327	received no later than 1 p.m. on the 9th day following a primary
1328	election or no later than 1 p.m. on the 14th day following a
1329	general election. If a request is made pursuant to this
1330	subsection, that race will replace one of the races randomly
1331	selected under subsection (2). If there are more than three such
1332	requests, the county canvassing board shall decide by lot the
1333	three races to be audited.
1334	(6)  The Department of State shall adopt rules to
1335	administer this section.
1336	Section 26.  Section 101.5911, Florida Statutes, is
1337	repealed.
1338	Section 27.  Paragraph (b) of subsection (1) and
1339	subsections (3) and (4) of section 101.62, Florida Statutes, are
1340	amended to read:
1341	101.62  Request for absentee ballots.--
1342	(1)
1343	(b)  The supervisor may accept a written or telephonic
1344	request for an absentee ballot from the elector, or, if directly
1345	instructed by the elector, a member of the elector's immediate
1346	family, or the elector's legal guardian. For purposes of this
1347	section, the term "immediate family" has the same meaning as
1348	specified in paragraph (4)(c)(b). The person making the request
1349	must disclose:
1350	1.  The name of the elector for whom the ballot is
1351	requested;
1352	2.  The elector's address;
1353	3.  The elector's date of birth;
1354	4.  The requester's name;
1355	5.  The requester's address;
1356	6.  The requester's driver's license number, if available;
1357	7.  The requester's relationship to the elector; and
1358	8.  The requester's signature (written requests only).
1359	(3)  For each request for an absentee ballot received, the
1360	supervisor shall record the date the request was made, the date
1361	the absentee ballot was delivered to the voter or the voter's
1362	designee or the date the absentee ballot was delivered to the
1363	post office or other carrier, the date the ballot was received
1364	by the supervisor, and such other information he or she may deem
1365	necessary. This information shall be provided in electronic
1366	format as provided by rule adopted by the division. This
1367	information shall be made available during the period beginning
1368	60 days before a primary election and ending 15 days after the
1369	general election. The information shall be updated and made
1370	available no later than noon of each day and shall be
1371	contemporaneously provided to the division. This information
1372	shall be confidential and exempt from the provisions of s.
1373	119.07(1) and shall be made available to or reproduced only for
1374	the voter requesting the ballot, a canvassing board, an election
1375	official, a political party or official thereof, a candidate who
1376	has filed qualification papers and is opposed in an upcoming
1377	election, and registered political committees or registered
1378	committees of continuous existence, for political purposes only.
1379	(4)(a)  To each absent qualified elector overseas who has
1380	requested an absentee ballot, the supervisor of elections shall
1381	mail an absentee ballot not less than 35 days before the primary
1382	election and not less than 45 days before the general election.
1383	(b)  The supervisor of elections shall begin mailing
1384	absentee ballots 40 days before the primary election and 50 days
1385	before the general election to each absent qualified elector,
1386	including any absent qualified elector overseas, who has
1387	requested such a ballot. Except as otherwise provided in
1388	subsection (2) and after the period described in this paragraph,
1389	the supervisor shall mail absentee ballots within 48 hours after
1390	receiving a request for such ballot.
1391	(c)(b)  The supervisor shall provide an absentee ballot to
1392	each elector by whom a request for that ballot has been made by
1393	one of the following means:
1394	1.  By nonforwardable, return-if-undeliverable mail to the
1395	elector's current mailing address on file with the supervisor,
1396	unless the elector specifies in the request that:
1397	a.  The elector is absent from the county and does not plan
1398	to return before the day of the election;
1399	b.  The elector is temporarily unable to occupy the
1400	residence because of hurricane, tornado, flood, fire, or other
1401	emergency or natural disaster; or
1402	c.  The elector is in a hospital, assisted living facility,
1403	nursing home, short-term medical or rehabilitation facility, or
1404	correctional facility,
1405
1406	in which case the supervisor shall mail the ballot by
1407	nonforwardable, return-if-undeliverable mail to any other
1408	address the elector specifies in the request.
1409	2.  By forwardable mail to voters who are entitled to vote
1410	by absentee ballot under the Uniformed and Overseas Citizens
1411	Absentee Voting Act.
1412	3.  By personal delivery before 7 p.m. on election day to
1413	the elector, upon presentation of the identification required in
1414	s. 101.043.
1415	4.  By delivery to a designee on election day or up to 5
1416	days before prior to the day of an election. Any elector may
1417	designate in writing a person to pick up the ballot for the
1418	elector; however, the person designated may not pick up more
1419	than two absentee ballots per election, other than the
1420	designee's own ballot, except that additional ballots may be
1421	picked up for members of the designee's immediate family. For
1422	purposes of this section, "immediate family" means the
1423	designee's spouse or the parent, child, grandparent, or sibling
1424	of the designee or of the designee's spouse. The designee shall
1425	provide to the supervisor the written authorization by the
1426	elector and a picture identification of the designee and must
1427	complete an affidavit. The designee shall state in the affidavit
1428	that the designee is authorized by the elector to pick up that
1429	ballot and shall indicate if the elector is a member of the
1430	designee's immediate family and, if so, the relationship. The
1431	department shall prescribe the form of the affidavit. If the
1432	supervisor is satisfied that the designee is authorized to pick
1433	up the ballot and that the signature of the elector on the
1434	written authorization matches the signature of the elector on
1435	file, the supervisor shall give the ballot to that designee for
1436	delivery to the elector.
1437	Section 28.  Subsection (2) of section 101.64, Florida
1438	Statutes, is amended, and subsection (5) is added to that
1439	section, to read:
1440	101.64  Delivery of absentee ballots; envelopes; form.--
1441	(2)  The certificate shall be arranged on the back of the
1442	mailing envelope so that the line for the signature of the
1443	absent elector is across the seal of the envelope; however, no
1444	statement shall appear on the envelope which indicates that a
1445	signature of the voter must cross the seal of the envelope. The
1446	absent elector shall execute the certificate on the envelope.
1447	The supervisor may not place on the mailing envelope any
1448	information indicating the voter's party affiliation or no-
1449	party-affiliation status.
1450	(5)  The supervisor shall establish and maintain a prepaid
1451	account with the United States Postal Service for the purpose of
1452	paying postage on absentee ballots returned to the supervisor
1453	with insufficient postage.
1454	Section 29.  Subsection (1) of section 101.657, Florida
1455	Statutes, is amended to read:
1456	101.657  Early voting.--
1457	(1)(a)  As a convenience to the voter, the supervisor of
1458	elections shall allow an elector to vote early in the main or
1459	branch office of the supervisor. The supervisor shall mark,
1460	code, indicate on, or otherwise track the voter's precinct for
1461	each early voted ballot. In order for a branch office to be used
1462	for early voting, it shall be a permanent facility of the
1463	supervisor and shall have been designated and used as such for
1464	at least 1 year before prior to the election.
1465	(b)  The supervisor may also designate any city hall or
1466	permanent public library facility as an early voting site. To
1467	the extent practicable sites; however, if so designated, the
1468	designated the sites must be geographically located so as to
1469	provide all voters in the county an equal opportunity to cast a
1470	ballot, insofar as is practicable. The results or tabulation of
1471	votes cast during early voting may not be made before the close
1472	of the polls on election day. Results shall be reported by
1473	precinct.
1474	(c)(b)  The supervisor shall designate each early voting
1475	site by no later than the 60th 30th day before a primary prior
1476	to an election and shall designate an early voting area, as
1477	defined in s. 97.021, at each early voting site. Early voting
1478	sites for the general election shall be held at the same sites
1479	designated for a primary election.
1480	(d)(c)  All early voting sites in a county shall be open on
1481	the same days for the same amount of time and shall allow any
1482	person in line at the closing of an early voting site to vote.
1483	(e)(d)  Early voting shall begin on the 15th day before an
1484	election and end on the 2nd day before an election. For purposes
1485	of a special election held pursuant to s. 100.101, early voting
1486	shall begin on the 8th day before an election and end on the 2nd
1487	day before an election. Early voting shall be provided for 8
1488	hours per weekday and 8 hours in the aggregate each weekend at
1489	each site during the applicable periods. Early voting sites
1490	shall open no sooner than 7 a.m. and close no later than 7 p.m.
1491	on each applicable day. Early voting hours and days may be
1492	extended only upon execution by the Governor of an executive
1493	order declaring a state of emergency as authorized in s. 252.36.
1494	(f)(e)  Notwithstanding the requirements of s. 100.3605,
1495	municipalities may provide early voting in municipal elections
1496	that are not held in conjunction with county or state elections.
1497	If a municipality provides early voting, it may designate as
1498	many sites as necessary and shall conduct its activities in
1499	accordance with the provisions of paragraphs (a)-(d) (a)-(c).
1500	The supervisor is not required to conduct early voting if it is
1501	provided pursuant to this subsection.
1502	(g)(f)  Notwithstanding the requirements of s. 189.405,
1503	special districts may provide early voting in any district
1504	election not held in conjunction with county or state elections.
1505	If a special district provides early voting, it may designate as
1506	many sites as necessary and shall conduct its activities in
1507	accordance with the provisions of paragraphs (a)-(d) (a)-(c).
1508	The supervisor is not required to conduct early voting if it is
1509	provided pursuant to this subsection.
1510	(h)  The results or tabulation of votes cast during early
1511	voting may not be disclosed before the close of the polls on
1512	election day. Results shall be reported by precinct.
1513	Section 30.  Subsection (2) of section 101.6923, Florida
1514	Statutes, is amended to read:
1515	101.6923  Special absentee ballot instructions for certain
1516	first-time voters.--
1517	(2)  A voter covered by this section shall be provided with
1518	printed instructions with his or her absentee ballot in
1519	substantially the following form:
1520
1521	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1522	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
1523	BALLOT NOT TO COUNT.
1524
1525	1.  In order to ensure that your absentee ballot will be
1526	counted, it should be completed and returned as soon as possible
1527	so that it can reach the supervisor of elections of the county
1528	in which your precinct is located no later than 7 p.m. on the
1529	date of the election.
1530	2.  Mark your ballot in secret as instructed on the ballot.
1531	You must mark your own ballot unless you are unable to do so
1532	because of blindness, disability, or inability to read or write.
1533	3.  Mark only the number of candidates or issue choices for
1534	a race as indicated on the ballot. If you are allowed to "Vote
1535	for One" candidate and you vote for more than one, your vote in
1536	that race will not be counted.
1537	4.  Place your marked ballot in the enclosed secrecy
1538	envelope and seal the envelope.
1539	5.  Insert the secrecy envelope into the enclosed envelope
1540	bearing the Voter's Certificate. Seal the envelope and
1541	completely fill out the Voter's Certificate on the back of the
1542	envelope.
1543	a.  You must sign your name on the line above (Voter's
1544	Signature).
1545	b.  If you are an overseas voter, you must include the date
1546	you signed the Voter's Certificate on the line above (Date) or
1547	your ballot may not be counted.
1548	6.  Unless you meet one of the exemptions in Item 7., you
1549	must make a copy of one of the following forms of
1550	identification:
1551	a.  Identification which must include your name and
1552	photograph: United States passport; debit or credit card;
1553	military identification; student identification; retirement
1554	center identification; neighborhood association identification;
1555	or public assistance identification; or
1556	b.  Identification which shows your name and current
1557	residence address: current utility bill, bank statement,
1558	government check, paycheck, or government document (excluding
1559	voter identification card).
1560	7.  The identification requirements of Item 6. do not apply
1561	if you meet one of the following requirements:
1562	a.  You are 65 years of age or older.
1563	b.  You have a temporary or permanent physical disability.
1564	c.  You are a member of a uniformed service on active duty
1565	who, by reason of such active duty, will be absent from the
1566	county on election day.
1567	d.  You are a member of the Merchant Marine who, by reason
1568	of service in the Merchant Marine, will be absent from the
1569	county on election day.
1570	e.  You are the spouse or dependent of a member referred to
1571	in paragraph c. or paragraph d. who, by reason of the active
1572	duty or service of the member, will be absent from the county on
1573	election day.
1574	f.  You are currently residing outside the United States.
1575	8.  Place the envelope bearing the Voter's Certificate into
1576	the mailing envelope addressed to the supervisor. Insert a copy
1577	of your identification in the mailing envelope. DO NOT PUT YOUR
1578	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1579	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1580	BALLOT WILL NOT COUNT.
1581	9.  Mail, deliver, or have delivered the completed mailing
1582	envelope. Be sure there is sufficient postage if mailed.
1583	10.  FELONY NOTICE. It is a felony under Florida law to
1584	accept any gift, payment, or gratuity in exchange for your vote
1585	for a candidate. It is also a felony under Florida law to vote
1586	in an election using a false identity or false address, or under
1587	any other circumstances making your ballot false or fraudulent.
1588	Section 31.  Subsection (1) of section 101.6952, Florida
1589	Statutes, is amended to read:
1590	101.6952  Absentee ballots for overseas voters.--
1591	(1)  If an overseas voter's request for an absentee ballot
1592	includes an e-mail address, the supervisor of elections shall:
1593	(a)  Record the voter's e-mail address in the absentee
1594	ballot record;
1595	(b)  Confirm via e-mail that the absentee request was
1596	received and inform the voter of the estimated date that the
1597	ballot will be sent to the voter;
1598	(c)  Inform the voter of the names of candidates who will
1599	be on the ballots via electronic transmission. The supervisor of
1600	elections shall e-mail to the voter the list of candidates for
1601	the primary and general election not later than 30 days before
1602	each election; and
1603	(d)  Notify the voter via e-mail when the voted absentee
1604	ballot is received by the supervisor of elections.
1605	Section 32.  Section 101.697, Florida Statutes, is amended
1606	to read:
1607	101.697  Electronic transmission of election
1608	materials.--The Department of State shall determine whether
1609	secure electronic means can be established for requesting,
1610	sending, or receiving absentee ballots and ballot materials to
1611	and from overseas voters. Such means may include e-mail,
1612	facsimile, or other forms of electronic transmission. If such
1613	security can be established, the department shall adopt rules to
1614	authorize activities that, at a minimum, provide for a
1615	supervisor of elections to accept from an overseas voter a
1616	request for an absentee ballot or a voted absentee ballot by
1617	secure facsimile machine transmission or other secure electronic
1618	means. The rules must provide that in order to accept a voted
1619	ballot, the verification of the voter's identity, the secrecy of
1620	the ballot, unless explicitly waived by the voter, must be
1621	established, the security of the transmission must be
1622	established, and the recording of each ballot received by the
1623	supervisor must be recorded.
1624	Section 33.  Paragraphs (a) and (b) of subsection (4) of
1625	section 102.031, Florida Statutes, are amended to read:
1626	102.031  Maintenance of good order at polls; authorities;
1627	persons allowed in polling rooms and early voting areas;
1628	unlawful solicitation of voters.--
1629	(4)(a)  No person, political committee, committee of
1630	continuous existence, or other group or organization may solicit
1631	any voter who is:
1632	1.  voters Inside the polling place; or
1633	2.  Within 100 feet of the entrance to any polling place,
1634	or polling room where the polling place is also a polling room,
1635	or early voting site; or
1636	3.  In line to vote at any polling place or early voting
1637	site.
1638
1639	Before the opening of the polling place or early voting site,
1640	the clerk or supervisor shall designate the 100-foot no-
1641	solicitation zone and mark the boundaries.
1642	(b)  For the purpose of this subsection, the terms
1643	"solicit" or "solicitation" shall include, but not be limited
1644	to, seeking or attempting to seek any vote, fact, opinion, or
1645	contribution; offering or purporting to offer advice of any
1646	kind; distributing or attempting to distribute any political or
1647	campaign material, leaflet, or handout; conducting a poll except
1648	as specified in this paragraph; seeking or attempting to seek a
1649	signature on any petition; and selling or attempting to sell any
1650	item. The terms "solicit" or "solicitation" shall not be
1651	construed to prohibit exit polling.
1652	Section 34.  Section 102.111, Florida Statutes, is amended
1653	to read:
1654	102.111  Elections Canvassing Commission.--
1655	(1)  The Elections Canvassing Commission shall consist of
1656	the Governor and two members of the Cabinet selected by the
1657	Governor, all of whom shall serve ex officio. If a member of the
1658	Elections Canvassing commission is unable to serve for any
1659	reason, the Governor shall appoint a remaining member of the
1660	Cabinet. If there is a further vacancy, the remaining members of
1661	the commission shall agree on another elected official to fill
1662	the vacancy.
1663	(2)  The Elections Canvassing Commission shall meet at 9
1664	a.m. on the 9th day after a primary election and at 9 a.m. on
1665	the 14th day after a general election to, as soon as the
1666	official results are compiled from all counties, certify the
1667	returns of the election and determine and declare who has been
1668	elected for each federal, state, and multicounty office. If a
1669	member of a county canvassing board that was constituted
1670	pursuant to s. 102.141 determines, within 5 days after the
1671	certification by the Elections Canvassing Commission, that a
1672	typographical error occurred in the official returns of the
1673	county, the correction of which could result in a change in the
1674	outcome of an election, the county canvassing board must certify
1675	corrected returns to the Department of State within 24 hours,
1676	and the Elections Canvassing Commission must correct and
1677	recertify the election returns as soon as practicable.
1678	(3)(2)  The Division of Elections shall provide the staff
1679	services required by the Elections Canvassing Commission.
1680	Section 35.  Subsection (2) of section 102.112, Florida
1681	Statutes, is amended to read:
1682	102.112  Deadline for submission of county returns to the
1683	Department of State.--
1684	(2)  Returns must be filed by 5 p.m. on the 7th day
1685	following a primary election and by noon on the 12th day
1686	following the general election. However, the Department of State
1687	may correct typographical errors, including the transposition of
1688	numbers, in any returns submitted to the Department of State
1689	pursuant to s. 102.111(2)(1).
1690	Section 36.  Subsection (7) of section 102.141, Florida
1691	Statutes, is amended to read:
1692	102.141  County canvassing board; duties.--
1693	(7)  If the unofficial returns reflect that a candidate for
1694	any office was defeated or eliminated by one-half of a percent
1695	or less of the votes cast for such office, that a candidate for
1696	retention to a judicial office was retained or not retained by
1697	one-half of a percent or less of the votes cast on the question
1698	of retention, or that a measure appearing on the ballot was
1699	approved or rejected by one-half of a percent or less of the
1700	votes cast on such measure, the board responsible for certifying
1701	the results of the vote on such race or measure shall order a
1702	recount shall be ordered of the votes cast with respect to such
1703	office or measure. The Secretary of State Elections Canvassing
1704	Commission is the board responsible for ordering recounts in
1705	federal, state, and multicounty races recounts. The county
1706	canvassing board or the local board responsible for certifying
1707	the election is responsible for ordering recounts in all other
1708	races. A recount need not be ordered with respect to the returns
1709	for any office, however, if the candidate or candidates defeated
1710	or eliminated from contention for such office by one-half of a
1711	percent or less of the votes cast for such office request in
1712	writing that a recount not be made.
1713	(a)  Each canvassing board responsible for conducting a
1714	recount shall put each marksense ballot through automatic
1715	tabulating equipment and determine whether the returns correctly
1716	reflect the votes cast. If any marksense ballot is physically
1717	damaged so that it cannot be properly counted by the automatic
1718	tabulating equipment during the recount, a true duplicate shall
1719	be made of the damaged ballot pursuant to the procedures in s.
1720	101.5614(5). Immediately before the start of the recount, a test
1721	of the tabulating equipment shall be conducted as provided in s.
1722	101.5612. If the test indicates no error, the recount tabulation
1723	of the ballots cast shall be presumed correct and such votes
1724	shall be canvassed accordingly. If an error is detected, the
1725	cause therefor shall be ascertained and corrected and the
1726	recount repeated, as necessary. The canvassing board shall
1727	immediately report the error, along with the cause of the error
1728	and the corrective measures being taken, to the Department of
1729	State. No later than 11 days after the election, the canvassing
1730	board shall file a separate incident report with the Department
1731	of State, detailing the resolution of the matter and identifying
1732	any measures that will avoid a future recurrence of the error.
1733	(b)  Each canvassing board responsible for conducting a
1734	recount where touchscreen ballots were used shall examine the
1735	counters on the precinct tabulators to ensure that the total of
1736	the returns on the precinct tabulators equals the overall
1737	election return. If there is a discrepancy between the overall
1738	election return and the counters of the precinct tabulators, the
1739	counters of the precinct tabulators shall be presumed correct
1740	and such votes shall be canvassed accordingly.
1741	(c)  The canvassing board shall submit on forms or in
1742	formats provided by the division a second set of unofficial
1743	returns to the Department of State for each federal, statewide,
1744	state, or multicounty office or ballot measure. Such returns
1745	shall be filed no later than 3 p.m. on the 5th fifth day after
1746	any primary election and no later than 3 p.m. on the 9th ninth
1747	day after any general election in which a recount was ordered by
1748	the Secretary of State conducted pursuant to this subsection. If
1749	the canvassing board is unable to complete the recount
1750	prescribed in this subsection by the deadline, the second set of
1751	unofficial returns submitted by the canvassing board shall be
1752	identical to the initial unofficial returns and the submission
1753	shall also include a detailed explanation of why it was unable
1754	to timely complete the recount. However, the canvassing board
1755	shall complete the recount prescribed in this subsection, along
1756	with any manual recount prescribed in s. 102.166, and certify
1757	election returns in accordance with the requirements of this
1758	chapter.
1759	(d)  The Department of State shall adopt detailed rules
1760	prescribing additional recount procedures for each certified
1761	voting system, which shall be uniform to the extent practicable.
1762	Section 37.  Section 102.166, Florida Statutes, is amended
1763	to read:
1764	102.166  Manual recounts of overvotes and undervotes.--
1765	(1)  If the second set of unofficial returns pursuant to s.
1766	102.141 indicates that a candidate for any office was defeated
1767	or eliminated by one-quarter of a percent or less of the votes
1768	cast for such office, that a candidate for retention to a
1769	judicial office was retained or not retained by one-quarter of a
1770	percent or less of the votes cast on the question of retention,
1771	or that a measure appearing on the ballot was approved or
1772	rejected by one-quarter of a percent or less of the votes cast
1773	on such measure, the board responsible for certifying the
1774	results of the vote on such race or measure shall order a manual
1775	recount of the overvotes and undervotes cast in the entire
1776	geographic jurisdiction of such office or ballot measure. A
1777	manual recount may not be ordered, however, if the number of
1778	overvotes, undervotes, and provisional ballots is fewer than the
1779	number of votes needed to change the outcome of the election.
1780	(2)(a)  Any hardware or software used to identify and sort
1781	overvotes and undervotes for a given race or ballot measure must
1782	be certified by the Department of State as part of the voting
1783	system pursuant to s. 101.015. Any such hardware or software
1784	must be capable of simultaneously counting votes.
1785	(b)  Overvotes and undervotes shall be identified and
1786	sorted while recounting ballots pursuant to s. 102.141, if the
1787	hardware or software for this purpose has been certified or the
1788	department's rules so provide.
1789	(3)  Any manual recount shall be open to the public.
1790	(4)(a)  A vote for a candidate or ballot measure shall be
1791	counted if there is a clear indication on the ballot that the
1792	voter has made a definite choice.
1793	(b)  The Department of State shall adopt specific rules for
1794	each certified voting system prescribing what constitutes a
1795	"clear indication on the ballot that the voter has made a
1796	definite choice." The rules may not:
1797	1.  Exclusively provide that the voter must properly mark
1798	or designate his or her choice on the ballot; or
1799	2.  Contain a catch-all provision that fails to identify
1800	specific standards, such as "any other mark or indication
1801	clearly indicating that the voter has made a definite choice."
1802	(5)  Procedures for a manual recount are as follows:
1803	(a)  The county canvassing board shall appoint as many
1804	counting teams of at least two electors as is necessary to
1805	manually recount the ballots. A counting team must have, when
1806	possible, members of at least two political parties. A candidate
1807	involved in the race shall not be a member of the counting team.
1808	(b)  Each duplicate ballot prepared pursuant to s.
1809	101.5614(5) or s. 102.141(7) shall be compared with the original
1810	ballot to ensure the correctness of the duplicate.
1811	(c)  If a counting team is unable to determine whether the
1812	ballot contains a clear indication that the voter has made a
1813	definite choice, the ballot shall be presented to the county
1814	canvassing board for a determination.
1815	(d)  The Department of State shall adopt detailed rules
1816	prescribing additional recount procedures for each certified
1817	voting system which shall be uniform to the extent practicable.
1818	The rules shall address, at a minimum, the following areas:
1819	1.  Security of ballots during the recount process;
1820	2.  Time and place of recounts;
1821	3.  Public observance of recounts;
1822	4.  Objections to ballot determinations;
1823	5.  Record of recount proceedings; and
1824	6.  Procedures relating to candidate and petitioner
1825	representatives.
1826	Section 38.  Subsections (2) and (4) of section 102.168,
1827	Florida Statutes, are amended to read:
1828	102.168  Contest of election.--
1829	(2)  Such contestant shall file a complaint, together with
1830	the fees prescribed in chapter 28, with the clerk of the circuit
1831	court no later than 5 p.m. on the 22nd day after the date of
1832	within 10 days after midnight of the date the last board
1833	responsible for certifying the results officially certifies the
1834	results of the election being contested.
1835	(4)  The county canvassing board responsible for canvassing
1836	the election is an indispensable and proper party defendant in
1837	county and local elections.; The Elections Canvassing Commission
1838	is an indispensable and proper party defendant in federal,
1839	state, and multicounty elections and in elections for justice of
1840	the Supreme Court, judge of a district court of appeal, and
1841	judge of a circuit court. races; and The successful candidate is
1842	an indispensable party to any action brought to contest the
1843	election or nomination of a candidate.
1844	Section 39.  Subsection (4), paragraph (b) of subsection
1845	(6), and subsection (7) of section 103.091, Florida Statutes,
1846	are amended, subsection (8) of that section is renumbered as
1847	subsection (9), and a new subsection (8) is added to that
1848	section, to read:
1849	103.091  Political parties.--
1850	(4)  Any political party other than a minor political party
1851	may by rule provide for the membership of its state or county
1852	executive committee to be elected for 4-year terms at the
1853	primary election in each year a presidential election is held.
1854	The political party may adopt any additional requirements for
1855	qualifying for the office of state or county executive committee
1856	member in addition to any other requirements imposed by law. The
1857	terms shall commence on the first day of the month following
1858	each presidential general election; but the names of candidates
1859	for political party offices shall not be placed on the ballot at
1860	any other election. The results of such election shall be
1861	determined by a plurality of the votes cast. In such event,
1862	electors seeking to qualify for such office shall do so with the
1863	Department of State or supervisor of elections not earlier than
1864	noon of the 71st day, or later than noon of the 67th day,
1865	preceding the primary election. The outgoing chair of each
1866	county executive committee shall, within 30 days after the
1867	committee members take office, hold an organizational meeting of
1868	all newly elected members for the purpose of electing officers.
1869	The chair of each state executive committee shall, within 60
1870	days after the committee members take office, hold an
1871	organizational meeting of all newly elected members for the
1872	purpose of electing officers.
1873	(6)
1874	(b)  Each state executive committee shall include, as at-
1875	large committeemen and committeewomen, all members of the United
1876	States Congress representing the State of Florida who are
1877	members of the political party, all statewide elected officials
1878	who are members of the party, 10 Florida registered voters who
1879	are members of the party as appointed by the Governor if the
1880	Governor is a member of the party, and the President of the
1881	Senate or the Minority Leader in the Senate, and the Speaker of
1882	the House of Representatives or the Minority Leader in the House
1883	of Representatives, whichever is a member of the political
1884	party. The state executive committee shall also include members
1885	of the political party equal to the number of elected senators
1886	who are members of the political party, only half of whom must
1887	be senators as appointed by the President of the Senate or the
1888	Minority Leader in the Senate, whichever is a member of the
1889	political party; members of the political party equal to the
1890	number of elected senators who are members of the political
1891	party, only half of whom must be representatives as appointed by
1892	the Speaker of the House of Representatives, or the Minority
1893	Leader of the House of Representatives, whichever is a member of
1894	the political party; and members of the political party equal to
1895	the number of elected senators who are members of the political
1896	party as appointed by the Governor if the Governor is a member
1897	of the political party. If the Governor is not a member of the
1898	political party, the senior Florida United States Senator who is
1899	a member of the political party shall appoint such members. If
1900	there is no United States Senator who is a member of the
1901	political party, the appointments that would otherwise be made
1902	by the Governor or the United States Senator may not be made,
1903	and 20 members of the Legislature who are members of the
1904	political party. Ten of the legislators shall be appointed with
1905	the concurrence of the state chair of the respective party, as
1906	follows: five to be appointed by the President of the Senate;
1907	five by the Minority Leader in the Senate; five by the Speaker
1908	of the House of Representatives; and five by the Minority Leader
1909	in the House.
1910	(c)  When a political party allows any member of the state
1911	executive committee to have more than one vote per person, other
1912	than by proxy, in a matter coming before the state executive
1913	committee, the 20 members of the Legislature appointed under
1914	paragraph (b) shall not be appointed to the state executive
1915	committee and the following elected officials who are members of
1916	that political party shall be appointed and shall have the
1917	following votes:
1918	1.  Governor: a number equal to 15 percent of votes cast by
1919	state executive committeemen and committeewomen;
1920	2.  Lieutenant Governor: a number equal to 5 percent of the
1921	votes cast by state executive committeemen and committeewomen;
1922	3.  Each member of the United States Senate representing
1923	the state: a number equal to 10 percent of the votes cast by
1924	state executive committeemen and committeewomen;
1925	4.  Attorney General: a number equal to 5 percent of the
1926	votes cast by state executive committeemen and committeewomen;
1927	5.  Chief Financial Officer: a number equal to 5 percent of
1928	the votes cast by state executive committeemen and
1929	committeewomen;
1930	6.  Commissioner of Agriculture: a number equal to 5
1931	percent of the votes cast by state executive committeemen and
1932	committeewomen;
1933	7.  President of the Senate: a number equal to 10 percent
1934	of the votes cast by state executive committeemen and
1935	committeewomen;
1936	8.  Minority leader of the Senate: a number equal to 10
1937	percent of the votes cast by state executive committeemen and
1938	committeewomen;
1939	9.  Speaker of the House of Representatives: a number equal
1940	to 10 percent of the votes cast by state executive committeemen
1941	and committeewomen;
1942	10.  Minority leader of the House of Representatives: a
1943	number equal to 10 percent of the votes cast by state executive
1944	committeemen and committeewomen; and
1945	11.  Each member of the United States House of
1946	Representatives representing the state: a number equal to 1
1947	percent of the votes cast by state executive committeemen and
1948	committeewomen.
1949	(7)  Members of the state executive committee or governing
1950	body may vote by proxy if proxy voting is permitted by party
1951	rule.
1952	(8)  Each member of a state executive committee, whether
1953	elected or appointed, shall be considered a full member with all
1954	rights and privileges of that office.
1955	Section 40.  Paragraph (c) is added to subsection (1) of
1956	section 103.121, Florida Statutes, to read:
1957	103.121  Powers and duties of executive committees.--
1958	(1)
1959	(c)  Venue for any action involving a political party's
1960	constitution, rules, or bylaws shall be in the Circuit Court of
1961	Leon County.
1962	Section 41.  Subsections (4) and (5) of section 105.031,
1963	Florida Statutes, are amended to read:
1964	105.031  Qualification; filing fee; candidate's oath; items
1965	required to be filed.--
1966	(4)  CANDIDATE'S OATH.--
1967	(a)  All candidates for the office of school board member
1968	shall subscribe to the oath as prescribed in s. 99.021.
1969	(b)  All candidates for judicial office shall subscribe to
1970	an oath or affirmation in writing to be filed with the
1971	appropriate qualifying officer upon qualifying. A printed copy
1972	of the oath or affirmation shall be made available furnished to
1973	the candidate by the qualifying officer and shall be in
1974	substantially the following form:
1975
1976	State of Florida
1977	County of ....
1978	Before me, an officer authorized to administer oaths,
1979	personally appeared ...(please print name as you wish it to
1980	appear on the ballot)..., to me well known, who, being sworn,
1981	says he or she: is a candidate for the judicial office of ....;
1982	that his or her legal residence is .... County, Florida; that he
1983	or she is a qualified elector of the state and of the
1984	territorial jurisdiction of the court to which he or she seeks
1985	election; that he or she is qualified under the constitution and
1986	laws of Florida to hold the judicial office to which he or she
1987	desires to be elected or in which he or she desires to be
1988	retained; that he or she has taken the oath required by ss.
1989	876.05-876.10, Florida Statutes; that he or she has qualified
1990	for no other public office in the state, the term of which
1991	office or any part thereof runs concurrent to the office he or
1992	she seeks; and that he or she has resigned from any office which
1993	he or she is required to resign pursuant to s. 99.012, Florida
1994	Statutes; and that he or she will support the Constitution of
1995	the United States and the Constitution of the State of Florida.
1996	...(Signature of candidate)...
1997	...(Address)...
1998
1999	Sworn to and subscribed before me this .... day of ....,
2000	...(year),... at .... County, Florida.
2001	...(Signature and title of officer administering oath)...
2002	(5)  ITEMS REQUIRED TO BE FILED.--
2003	(a)  In order for a candidate for judicial office or the
2004	office of school board member to be qualified, the original of
2005	the following items must be received by the filing officer by
2006	the end of the qualifying period:
2007	1.  Except for candidates for retention to judicial office,
2008	a properly executed check drawn upon the candidate's campaign
2009	account payable to the person or entity as prescribed by the
2010	filing officer in an amount not less than the fee required by
2011	subsection (3), unless the candidate obtained the required
2012	number of signatures on petitions or, in lieu thereof, the copy
2013	of the notice of obtaining ballot position pursuant to s.
2014	105.035. If a candidate's check is returned by the bank for any
2015	reason, the filing officer shall immediately notify the
2016	candidate and the candidate shall, the end of qualifying
2017	notwithstanding, have 48 hours from the time such notification
2018	is received, excluding Saturdays, Sundays, and legal holidays,
2019	to pay the fee with a cashier's check purchased from funds of
2020	the campaign account. Failure to pay the fee as provided in this
2021	subparagraph shall disqualify the candidate.
2022	2.  The candidate's oath required by subsection (4), which
2023	must contain the name of the candidate as it is to appear on the
2024	ballot; the office sought, including the district or group
2025	number if applicable; and the signature of the candidate, duly
2026	notarized pursuant to s. 117.05 acknowledged.
2027	3.  The loyalty oath required by s. 876.05, signed by the
2028	candidate and duly acknowledged.
2029	3.4.  The completed form for the appointment of campaign
2030	treasurer and designation of campaign depository, as required by
2031	s. 106.021, to include the name, address, and telephone number
2032	of the candidate; the office sought, with district, circuit, or
2033	group designation, as applicable; the name, address, and
2034	telephone number of the campaign treasurer; the name and address
2035	of the primary campaign depository; the dated signatures of the
2036	candidate and the campaign treasurer; and the acceptance of the
2037	appointment by the campaign treasurer. In addition, each
2038	candidate for judicial office, including an incumbent judge,
2039	shall file a statement with the qualifying officer, within 10
2040	days after filing the appointment of campaign treasurer and
2041	designation of campaign depository, stating that the candidate
2042	has read and understands the requirements of the Florida Code of
2043	Judicial Conduct. Such statement shall be in substantially the
2044	following form:
2045
2046	Statement of Candidate for Judicial Office
2047
2048	I, ...(name of candidate)..., a judicial candidate, have
2049	been provided access to received, read, and understand the
2050	requirements of the Florida Code of Judicial Conduct.
2051	...(Signature of candidate)...
2052	...(Date)...
2053	4.5.  The full and public disclosure of financial interests
2054	required by s. 8, Art. II of the State Constitution, duly
2055	notarized pursuant to s. 117.05, or the statement of financial
2056	interests required by s. 112.3145, whichever is applicable. A
2057	public officer who has filed the full and public disclosure or
2058	statement of financial interests with the Commission on Ethics
2059	or the supervisor of elections prior to qualifying for office
2060	may file a copy of that disclosure at the time of qualifying.
2061	(b)  If the filing officer receives qualifying papers
2062	during the qualifying period prescribed in this section that do
2063	not include all items as required by paragraph (a) prior to the
2064	last day of qualifying, the filing officer shall make a
2065	reasonable effort to notify the candidate of the missing or
2066	incomplete items and shall inform the candidate that all
2067	required items must be received by the close of qualifying. A
2068	candidate's name as it is to appear on the ballot may not be
2069	changed after the end of qualifying.
2070	Section 42.  Subsection (16) of section 106.011, Florida
2071	Statutes, is amended to read:
2072	106.011  Definitions.--As used in this chapter, the
2073	following terms have the following meanings unless the context
2074	clearly indicates otherwise:
2075	(16)  "Candidate" means any person to whom any one or more
2076	of the following apply:
2077	(a)  Any person who seeks to qualify for nomination or
2078	election by means of the petitioning process.
2079	(b)  Any person who seeks to qualify for election as a
2080	write-in candidate.
2081	(c)  Any person who receives contributions or makes
2082	expenditures, or consents for any other person to receive
2083	contributions or make expenditures, with a view to bring about
2084	his or her nomination or election to, or retention in, public
2085	office. Expenditures related to potential candidate polls as
2086	described in s. 106.17 are not contributions or expenditures for
2087	purposes of this subsection.
2088	(d)  Any person who appoints a treasurer and designates a
2089	primary depository.
2090	(e)  Any person who files qualification papers and
2091	subscribes to a candidate's oath as required by law.
2092
2093	However, this definition does not include any candidate for a
2094	political party executive committee.
2095	Section 43.  Subsection (2) of section 106.08, Florida
2096	Statutes, is amended to read:
2097	106.08  Contributions; limitations on.--
2098	(2)(a)  A candidate may not accept contributions from
2099	national, state, including any subordinate committee of a
2100	national, state, or county committee of a political party, and
2101	county executive committees of a political party, which
2102	contributions in the aggregate exceed $50,000, no more than
2103	$25,000 of which may be accepted prior to the 28-day period
2104	immediately preceding the date of the general election.
2105	(b)  A candidate for statewide office may not accept
2106	contributions from national, state, or county executive
2107	committees of a political party, including any subordinate
2108	committee of a national, state, or county committee of a
2109	political party, which contributions in the aggregate exceed
2110	$250,000, no more than $125,000 of which may be accepted prior
2111	to the 28-day period immediately preceding the date of the
2112	general election. Polling services, research services, costs for
2113	campaign staff, including office expenses, professional
2114	consulting services, communications media, and telephone calls
2115	are not contributions to be counted toward the contribution
2116	limits of paragraph (a) or this paragraph. Any item not
2117	expressly identified in this paragraph as nonallocable is a
2118	contribution in an amount equal to the fair market value of the
2119	item and must be counted as allocable toward the contribution
2120	limits of paragraph (a) or this paragraph. Nonallocable, in-kind
2121	contributions must be reported by the candidate under s. 106.07
2122	and by the political party under s. 106.29.
2123	Section 44.  Subsection (6) of section 106.141, Florida
2124	Statutes, is amended to read:
2125	106.141  Disposition of surplus funds by candidates.--
2126	(6)(a)  Before Prior to disposing of funds pursuant to
2127	subsection (4) or transferring funds into an office account
2128	pursuant to subsection (5), any candidate who filed an oath
2129	stating that he or she was unable to pay the election assessment
2130	or fee for verification of petition signatures without imposing
2131	an undue burden on his or her personal resources or on resources
2132	otherwise available to him or her, or who filed both such oaths,
2133	or who qualified by the petition process and was not required to
2134	pay an election assessment, shall reimburse the state or local
2135	governmental entity, whichever is applicable, for such waived
2136	assessment or fee or both. Such reimbursement shall be made
2137	first for the cost of petition verification and then, if funds
2138	are remaining, for the amount of the election assessment. If
2139	there are insufficient funds in the account to pay the full
2140	amount of either the assessment or the fee or both, the
2141	remaining funds shall be disbursed in the above manner until no
2142	funds remain. All funds disbursed pursuant to this paragraph
2143	subsection shall be remitted to the qualifying officer. Any
2144	reimbursement for petition verification costs which are
2145	reimbursable by the state shall be forwarded by the qualifying
2146	officer to the state for deposit in the General Revenue Fund.
2147	All reimbursements for the amount of the election assessment
2148	shall be forwarded by the qualifying officer to the Department
2149	of State for deposit in the General Revenue Fund.
2150	(b)  The qualifying officer shall notify the candidate no
2151	later than 14 days after the candidate becomes unopposed of:
2152	1.  The requirements of paragraph (a).
2153	2.  If the qualifying officer verified the signatures on
2154	petitions for the candidate, the amount owed for petition
2155	verification fees, and if the qualifying officer was not the
2156	officer responsible for verifying the signatures on petitions
2157	for the candidate, whom to contact to determine the amount owed
2158	for signature verification fees.
2159	3.  The amount owed for the election assessment if the
2160	candidate has any funds remaining after payment of the signature
2161	verification fees.
2162	Section 45.  Subsection (2) of section 106.143, Florida
2163	Statutes, is amended, and subsection (9) is added to that
2164	section, to read:
2165	106.143  Political advertisements circulated prior to
2166	election; requirements.--
2167	(2)(a)  Any political advertisement of a candidate running
2168	for partisan office shall express the name of the political
2169	party of which the candidate is seeking nomination or is the
2170	nominee. If the candidate for partisan office is running as a
2171	candidate with no party affiliation, any political advertisement
2172	of the candidate must state that the candidate has no party
2173	affiliation.
2174	(b)  Political advertisements made pursuant to s. 106.08 or
2175	by a political party provided as an in-kind contribution to a
2176	candidate running for partisan office must prominently state:
2177	"Paid political advertisement paid for in kind by ...(name of
2178	political party).... Approved by ...(name of person, party
2179	affiliation, and office sought in the political
2180	advertisement)...."
2181	(9)  Political advertisements paid for by political parties
2182	may use names and abbreviations as filed pursuant to s. 103.081
2183	in the disclaimer.
2184	Section 46.  Section 106.17, Florida Statutes, is amended
2185	to read:
2186	106.17  Polls and surveys relating to candidacies.--Any
2187	candidate, political committee, committee of continuous
2188	existence, electioneering communication organization, or state
2189	or county executive committee of a political party may authorize
2190	or conduct a political poll, survey, index, or measurement of
2191	any kind relating to candidacy for public office so long as the
2192	candidate, political committee, committee of continuous
2193	existence, electioneering communication organization, or
2194	political party maintains complete jurisdiction over the poll in
2195	all its aspects. A state or county executive committee of a
2196	political party may authorize and conduct political polls for
2197	the purpose of determining the viability of a potential
2198	candidate. Such poll results may be shared with the potential
2199	candidate if the potential candidate has not filed as a
2200	candidate or write-in candidate or sought to qualify for
2201	elective office by the petition process before the results of
2202	the poll are shared. Expenditures incurred by state and county
2203	executive committees for potential candidate polls do not
2204	constitute contributions to potential candidates.
2205	Section 47.  Subsections (4) and (6) of section 106.24,
2206	Florida Statutes, are amended to read:
2207	106.24  Florida Elections Commission; membership; powers;
2208	duties.--
2209	(4)  The commission shall appoint an executive director,
2210	subject to confirmation by the Senate. The executive director
2211	who shall serve under the direction, supervision, and control of
2212	the commission. The executive director shall be appointed for a
2213	term of 2 years and may not serve more than four consecutive 2-
2214	year terms. The executive director, with the consent of the
2215	commission, shall employ such staff as are necessary to
2216	adequately perform the functions of the commission, within
2217	budgetary limitations. All employees, except the executive
2218	director and attorneys, are subject to part II of chapter 110.
2219	The executive director shall serve at the pleasure of the
2220	commission and be subject to part III of chapter 110, except
2221	that the commission shall have complete authority for setting
2222	the executive director's salary. Attorneys employed by the
2223	commission shall be subject to part V of chapter 110.
2224	(6)  There is hereby established in the State Treasury an
2225	Elections Commission Trust Fund to be utilized by the Division
2226	of Elections and the Florida Elections Commission in order to
2227	carry out their duties pursuant to ss. 106.24-106.28. The trust
2228	fund may also be used by the Secretary of State, pursuant to his
2229	or her authority under s. 97.012(14), to provide rewards for
2230	information leading to criminal convictions related to voter
2231	registration fraud, voter fraud, and vote scams.
2232	Section 48.  Subsection (1) of section 106.29, Florida
2233	Statutes, is amended to read:
2234	106.29  Reports by political parties; restrictions on
2235	contributions and expenditures; penalties.--
2236	(1)  The state executive committee and each county
2237	executive committee of each political party regulated by chapter
2238	103 shall file regular reports of all contributions received and
2239	all expenditures made by such committee. Such reports shall
2240	contain the same information as do reports required of
2241	candidates by s. 106.07, except that expenditures for salaries
2242	may be reported in the aggregate. The reports and shall be filed
2243	on the 10th day following the end of each calendar quarter,
2244	except that, during the period from the last day for candidate
2245	qualifying until the general election, such reports shall be
2246	filed on the Friday immediately preceding both the primary
2247	election and the general election. In addition to the reports
2248	filed under this section, the state executive committee and each
2249	county executive committee shall file a copy of each prior
2250	written acceptance of an in-kind contribution given by the
2251	committee during the preceding calendar quarter as required
2252	under s. 106.08(6). Each state executive committee shall file
2253	the original and one copy of its reports with the Division of
2254	Elections. Each county executive committee shall file its
2255	reports with the supervisor of elections in the county in which
2256	such committee exists. Any state or county executive committee
2257	failing to file a report on the designated due date shall be
2258	subject to a fine as provided in subsection (3). No separate
2259	fine shall be assessed for failure to file a copy of any report
2260	required by this section.
2261	Section 49.  Section 106.295, Florida Statutes, is amended
2262	to read:
2263	106.295  Leadership fund.--
2264	(1)  For purposes of this section:
2265	(a)  "Leadership fund" means accounts comprised of any
2266	moneys contributed to a political party, directly or indirectly,
2267	which are designated to be used at the partial or total
2268	discretion of a leader.
2269	(b)  "Leader" means the President of the Senate, the
2270	Speaker of the House of Representatives, the majority leader and
2271	the minority leader of each house, and any person designated by
2272	a political caucus of members of either house to succeed to any
2273	such position.
2274	(2)  Notwithstanding any other provision of law, leadership
2275	funds are authorized prohibited in this state. No leader shall
2276	accept any leadership funds.
2277	(3)  This section applies to leadership funds in existence
2278	on or after January 1, 1990.
2279	Section 50.  Subsection (2) of section 121.121, Florida
2280	Statutes, is amended to read:
2281	121.121  Authorized leaves of absence.--
2282	(2)  A member who is required to resign his or her office
2283	as a subordinate officer, deputy sheriff, or police officer
2284	because he or she is a candidate for a public office which is
2285	currently held by his or her superior officer who is also a
2286	candidate for reelection to the same office, in accordance with
2287	s. 99.012(5)(4), shall, upon return to covered employment, be
2288	eligible to purchase retirement credit for the period between
2289	his or her date of resignation and the beginning of the term of
2290	office for which he or she was a candidate as a leave of absence
2291	without pay, as provided in subsection (1).
2292	Section 51.  Subsection (11) of section 379.352, Florida
2293	Statutes, is amended to read:
2294	379.352  Recreational licenses, permits, and authorization
2295	numbers to take wild animal life, freshwater aquatic life, and
2296	marine life; issuance; costs; reporting.--
2297	(11)  When acting in its official capacity pursuant to this
2298	section, neither the commission nor a subagent is deemed a
2299	third-party voter registration organization, as defined in s.
2300	97.021(37)(36), or a voter registration agency, as defined in s.
2301	97.021(41)(40), and is not authorized to solicit, accept, or
2302	collect voter registration applications or provide voter
2303	registration services.
2304	Section 52.  Subsection (1) of section 876.05, Florida
2305	Statutes, is amended to read:
2306	876.05  Public employees; oath.--
2307	(1)  All persons who now or hereafter are employed by or
2308	who now or hereafter are on the payroll of the state, or any of
2309	its departments and agencies, subdivisions, counties, cities,
2310	school boards and districts of the free public school system of
2311	the state or counties, or institutions of higher learning, and
2312	all candidates for public office, except candidates for federal
2313	office, are required to take an oath before any person duly
2314	authorized to take acknowledgments of instruments for public
2315	record in the state in the following form:
2316
2317	I, ...., a citizen of the State of Florida and of the
2318	United States of America, and being employed by or an officer of
2319	.... and a recipient of public funds as such employee or
2320	officer, do hereby solemnly swear or affirm that I will support
2321	the Constitution of the United States and of the State of
2322	Florida.
2323	Section 53.  Section 876.07, Florida Statutes, is repealed.
2324	Section 54.  Any signature gathered on a previously
2325	approved initiative petition form that is submitted for
2326	verification before October 1, 2009, may be verified and counted
2327	if otherwise valid. However, any signature gathered on an
2328	initiative petition form that is submitted for verification on
2329	or after October 1, 2009, may be verified and counted only if
2330	such form complies with this act.
2331	Section 55.  If any provision of this act or its
2332	application to any person or circumstance is held invalid, the
2333	invalidity does not affect other provisions or applications of
2334	the act which can be given effect without the invalid provision
2335	or application, and to this end the provisions of this act are
2336	severable.
2337	Section 56.  This act shall take effect July 1, 2009.

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