HB 1019

1
A bill to be entitled
2An act relating to elections; creating s. 97.0115, F.S.;
3providing that chapters 97 through 105 shall govern all
4procedures and processes relating to national, state,
5county, and district elections within the state;
6specifying a governing statute for the conduct of
7municipal elections; prohibiting a county or district
8charter, ordinance, or regulation from conflicting with
9state election laws; amending s. 97.021, F.S.; defining
10the term "absent uniformed services voter"; revising the
11definition of the term "overseas voter"; amending s.
1298.0981, F.S.; conforming a cross-reference; amending s.
13101.111, F.S.; revising voter challenge oath requirements;
14providing circumstances under which a challenged voter may
15execute a change of legal residence, be directed to the
16proper precinct, or vote a provisional ballot; providing
17increased penalties for filing a frivolous voter
18challenge; amending s. 101.5612, F.S.; requiring the
19supervisor of elections to publish on his or her website a
20notice of testing of tabulating equipment; requiring the
21use of certain ballots and technology for preelection
22testing of tabulating equipment; amending s. 101.62, F.S.;
23revising the supervisor of elections' responsibilities for
24the request and transmittal of absentee ballots; revising
25the time an absentee ballot request is valid; authorizing
26the Department of State to prescribe rules for a ballot to
27be sent to uniformed services voters and overseas voters;
28amending s. 101.694, F.S.; requiring the supervisor of
29elections to send an absentee ballot to certain electors
30within a specified time; deleting a requirement that an
31absentee ballot be mailed; deleting a provision
32establishing that a federal postcard application request
33is valid through two general election cycles; amending s.
34101.71, F.S.; requiring the supervisor of elections to
35ensure the provision of adequate supplies, equipment, and
36personnel when precincts are collocated; requiring the
37supervisor of elections to publish the relocation of a
38polling place on his or her website; amending s. 102.012,
39F.S.; allowing the supervisor of elections to appoint one
40election board for collocated precincts and requiring the
41appointment of adequate personnel for the collocated
42precincts; amending s. 102.111, F.S.; clarifying that the
43Governor and Cabinet members shall serve ex officio on the
44Elections Canvassing Commission; establishing meeting
45times for the commission; amending s. 102.112, F.S.;
46conforming a cross-reference; amending s. 102.141, F.S.;
47requiring the supervisor of elections to publish on his or
48her website notice of the time for canvassing absentee and
49provisional ballots; providing circumstances under which
50the Secretary of State, county canvassing board, or local
51board is responsible for ordering recounts in elections;
52specifying the time for filing returns for elections in
53which a recount was ordered; amending s. 102.166, F.S.;
54providing circumstances under which the Secretary of
55State, county canvassing board, or local board is
56responsible for ordering a manual recount of overvotes and
57undervotes; amending s. 106.03, F.S.; revising provisions
58for the reporting of information changes by political
59committees; requiring the Division of Elections to adopt
60rules for the dissolution of certain political committees;
61amending s. 106.04, F.S.; revising reporting requirements
62for committees of continuous existence; revising
63provisions relating to the assessment and deposition of
64fines for committees of continuous existence; establishing
65when notice is deemed sufficient; amending s. 106.07,
66F.S.; revising reporting requirements for candidates and
67political committees; providing additional methods for
68establishing proof of delivery; increasing the time a
69campaign treasurer is allowed to respond to inquiries
70about reports; establishing when notice is deemed
71sufficient; revising when political committees that make
72contributions or expenditures in county or municipal races
73must file campaign finance reports; requiring transaction
74information for each credit card purchase; authorizing a
75filing officer to notify the registered agent of a
76political committee that fines are due; amending s.
77106.0705, F.S.; conforming a cross-reference; amending s.
78106.11, F.S.; establishing when a candidate may be
79reimbursed for a loan to his or her campaign account;
80amending s. 106.143, F.S.; authorizing specified
81abbreviations in political advertisements; requiring the
82exclusion of a candidate's political party affiliation in
83political advertisements for a nonpartisan race; amending
84s. 106.29, F.S.; establishing when notice is deemed
85sufficient for late filed reports of contributions and
86expenditures by political parties; amending s. 379.352,
87F.S.; conforming a cross-reference; providing effective
88dates.
89
90Be It Enacted by the Legislature of the State of Florida:
91
92     Section 1.  Section 97.0115, Florida Statutes, is created
93to read:
94     97.0115  Elections procedures and processes; governing
95law.-
96     (1)  Chapters 97-105 shall govern all procedures and
97processes relating to national, state, county, and district
98elections within the state, except as otherwise specifically
99authorized by federal or state law. The conduct of municipal
100elections shall be governed by s. 100.3605.
101     (2)  A county or district charter, ordinance, or regulation
102may not conflict with the matters set forth in chapters 97-105.
103     Section 2.  Effective upon this act becoming a law,
104subsections (2) through (43) of section 97.021, Florida
105Statutes, are renumbered as subsections (3) through (44),
106respectively, present subsection (22) of that section is
107amended, and a new subsection (2) is added to that section to
108read:
109     97.021  Definitions.-For the purposes of this code, except
110where the context clearly indicates otherwise, the term:
111     (2)  "Absent uniformed services voter" means:
112     (a)  A member of a uniformed service on active duty who, by
113reason of such active duty, is absent from the place of
114residence where the member is otherwise qualified to vote;
115     (b)  A member of the merchant marine who, by reason of
116service in the merchant marine, is absent from the place of
117residence where the member is otherwise qualified to vote; or
118     (c)  A spouse or dependent of a member referred to in
119paragraph (a) or paragraph (b) who, by reason of the active duty
120or service of the member, is absent from the place of residence
121where the spouse or dependent is otherwise qualified to vote.
122     (23)(22)  "Overseas voter" means:
123     (a)  An absent uniformed services voter who, by reason of
124active duty or service, is absent from the United States on the
125date of the election involved Members of the uniformed services
126while in the active service who are permanent residents of the
127state and are temporarily residing outside the territorial
128limits of the United States and the District of Columbia;
129     (b)  A person who resides outside the United States and is
130qualified to vote in the last place in which the person was
131domiciled before leaving the United States Members of the
132Merchant Marine of the United States who are permanent residents
133of the state and are temporarily residing outside the
134territorial limits of the United States and the District of
135Columbia; or and
136     (c)  A person who resides outside the United States and,
137but for such residence, would be qualified to vote in the last
138place in which the person was domiciled before leaving the
139United States Other citizens of the United States who are
140permanent residents of the state and are temporarily residing
141outside the territorial limits of the United States and the
142District of Columbia, who are qualified and registered to vote
143as provided by law.
144     Section 3.  Subsection (3) of section 98.0981, Florida
145Statutes, is amended to read:
146     98.0981  Reports; voting history; statewide voter
147registration system information; precinct-level election
148results; book closing statistics.-
149     (3)  PRECINCT-LEVEL BOOK CLOSING STATISTICS.-After the date
150of book closing but before the date of an election as defined in
151s. 97.021(11) s. 97.021(10) to fill a national, state, county,
152or district office, or to vote on a proposed constitutional
153amendment, the department shall compile the following precinct-
154level statistical data for each county:
155     (a)  Precinct numbers.
156     (b)  Total number of active registered voters by party for
157each precinct.
158     Section 4.  Section 101.111, Florida Statutes, is amended
159to read:
160     101.111  Voter challenges Person desiring to vote may be
161challenged; challenger to execute oath; oath of person
162challenged; determination of challenge.-
163     (1)(a)  Any registered elector or poll watcher of a county
164may challenge the right of a person to vote in that county. The
165challenge must be in writing and contain the following oath,
166which shall be delivered to the clerk or inspector:
167
OATH OF PERSON ENTERING CHALLENGE
168State of Florida
169County of _____
170I do solemnly swear or affirm that my name is _____; that I am a
171member of the _____ Party; that I am a registered voter or
172pollwatcher; that my residence address is _____, in the
173municipality of _____; and that I have reason to believe that
174_____ is attempting to vote illegally and the reasons for my
175belief are set forth herein to wit:
176________________________________________________________________
177________________________________________________________________
178___________________________
179...(Signature of person challenging voter)...
180Sworn and subscribed to before me this _____ day of _____,
181...(year)....
182...(Clerk of election)...
183     (b)1.  The clerk or inspector shall immediately deliver to
184the challenged person a copy of the oath of the person entering
185the challenge, and the challenged voter shall be allowed to cast
186a provisional ballot in accordance with s. 101.048, except as
187provided in subparagraph 2.
188     2.  If the basis for the challenge is that the person's
189legal residence is not in that precinct, the person shall first
190be given the opportunity to execute a change of legal residence
191in order to be able to vote a regular ballot in accordance with
192s. 101.045(2). If the change of legal residence is such that the
193person is then properly registered for that precinct, the person
194shall be allowed to vote a regular ballot. If the change of
195legal residence places the person in another precinct, the
196person shall be directed to the proper precinct to vote. If such
197person insists that he or she is currently in the proper
198precinct, the person shall be allowed to vote a provisional
199ballot in accordance with s. 101.048.
200     (c)  Alternatively, a challenge in accordance with this
201section may be filed in advance with the supervisor of elections
202no sooner than 30 days before an election. The supervisor shall
203promptly provide the election board in the challenged voter's
204precinct with a copy of the oath of the person entering the
205challenge. The challenged voter shall be allowed to cast a
206provisional ballot in accordance with s. 101.048, subject to the
207provisions of subparagraph (b)2.
208     (2)  Any elector or poll watcher filing a frivolous
209challenge of any person's right to vote commits a felony
210misdemeanor of the third first degree, punishable as provided in
211s. 775.082, or s. 775.083, or s. 775.084; however, electors or
212poll watchers shall not be subject to liability for any action
213taken in good faith and in furtherance of any activity or duty
214permitted of such electors or poll watchers by law. Each
215instance where any elector or poll watcher files a frivolous
216challenge of any person's right to vote constitutes a separate
217offense.
218     Section 5. Effective upon this act becoming a law,
219subsections (2) and (5) of section 101.5612, Florida Statutes,
220are amended to read:
221     101.5612  Testing of tabulating equipment.-
222     (2)  On any day not more than 10 days prior to the
223commencement of early voting as provided in s. 101.657, the
224supervisor of elections shall have the automatic tabulating
225equipment publicly tested to ascertain that the equipment will
226correctly count the votes cast for all offices and on all
227measures. If the ballots to be used at the polling place on
228election day are not available at the time of the testing, the
229supervisor may conduct an additional test not more than 10 days
230before election day. Public notice of the time and place of the
231test shall be given at least 48 hours prior thereto by
232publication on the supervisor of elections' website and once in
233one or more newspapers of general circulation in the county or,
234if there is no newspaper of general circulation in the county,
235by posting the notice in at least four conspicuous places in the
236county. The supervisor or the municipal elections official may,
237at the time of qualifying, give written notice of the time and
238location of the public preelection test to each candidate
239qualifying with that office and obtain a signed receipt that the
240notice has been given. The Department of State shall give
241written notice to each statewide candidate at the time of
242qualifying, or immediately at the end of qualifying, that the
243voting equipment will be tested and advise each candidate to
244contact the county supervisor of elections as to the time and
245location of the public preelection test. The supervisor or the
246municipal elections official shall, at least 15 days prior to
247the commencement of early voting as provided in s. 101.657, send
248written notice by certified mail to the county party chair of
249each political party and to all candidates for other than
250statewide office whose names appear on the ballot in the county
251and who did not receive written notification from the supervisor
252or municipal elections official at the time of qualifying,
253stating the time and location of the public preelection test of
254the automatic tabulating equipment. The canvassing board shall
255convene, and each member of the canvassing board shall certify
256to the accuracy of the test. For the test, the canvassing board
257may designate one member to represent it. The test shall be open
258to representatives of the political parties, the press, and the
259public. Each political party may designate one person with
260expertise in the computer field who shall be allowed in the
261central counting room when all tests are being conducted and
262when the official votes are being counted. The designee shall
263not interfere with the normal operation of the canvassing board.
264     (5)  Any tests involving marksense ballots pursuant to this
265section shall employ test preprinted ballots created by the
266supervisor of elections using actual ballots that have been
267printed for the election., If preprinted ballots will be used in
268the election, and ballot-on-demand ballots will be used in the
269election, the supervisor shall also create test ballots using
270the, if ballot-on-demand technology that will be used to produce
271ballots in the election, using the same paper stock as will be
272
273     Section 6.  Effective upon this act becoming a law,
274subsections (1), (3), (4), and (5) of section 101.62, Florida
275Statutes, are amended to read:
276     101.62  Request for absentee ballots.-
277     (1)(a)  The supervisor shall may accept a request for an
278absentee ballot from an elector in person or in writing. Except
279as provided in s. 101.694, One request shall be deemed
280sufficient to receive an absentee ballot for all elections
281through the next two regularly scheduled general election
282elections, unless the elector or the elector's designee
283indicates at the time the request is made the elections for
284which the elector desires to receive an absentee ballot. Such
285request may be considered canceled when any first-class mail
286sent by the supervisor to the elector is returned as
287undeliverable.
288     (b)  The supervisor shall may accept a written or
289telephonic request for an absentee ballot from the elector, or,
290if directly instructed by the elector, a member of the elector's
291immediate family, or the elector's legal guardian. For purposes
292of this section, the term "immediate family" has the same
293meaning as specified in paragraph (4)(b). The person making the
294request must disclose:
295     1.  The name of the elector for whom the ballot is
296requested.;
297     2.  The elector's address.;
298     3.  The elector's date of birth.;
299     4.  The requester's name.;
300     5.  The requester's address.;
301     6.  The requester's driver's license number, if available;
302     6.7.  The requester's relationship to the elector.; and
303     8.  The requester's signature (written requests only).
304     (c)  Upon receiving a request for an absentee ballot, the
305supervisor of elections shall notify the voter of the free
306access system that has been designated by the department for
307determining the status of his or her absentee ballot.
308     (3)  For each request for an absentee ballot received, the
309supervisor shall record the date the request was made, the date
310the absentee ballot was delivered to the voter or the voter's
311designee or the date the absentee ballot was delivered to the
312post office or other carrier, the date the ballot was received
313by the supervisor, and such other information he or she may deem
314necessary. This information shall be provided in electronic
315format as provided by rule adopted by the division. The
316information shall be updated and made available no later than
317noon of each day beginning the date the first absentee ballots
318are mailed for the election and shall be contemporaneously
319provided to the division. This information shall be confidential
320and exempt from the provisions of s. 119.07(1) and shall be made
321available to or reproduced only for the voter requesting the
322ballot, a canvassing board, an election official, a political
323party or official thereof, a candidate who has filed
324qualification papers and is opposed in an upcoming election, and
325registered political committees or registered committees of
326continuous existence, for political purposes only.
327     (4)(a)  No later than 45 days before each election, the
328supervisor of elections shall send an absentee ballot to each
329absent uniformed services voter and to each overseas voter as
330provided in subparagraph (b)3. To each absent qualified elector
331overseas who has requested an absentee ballot, the supervisor of
332elections shall mail an absentee ballot not less than 35 days
333before the primary election and not less than 45 days before the
334general election.
335     (b)  The supervisor shall provide an absentee ballot to
336each elector by whom a request for that ballot has been made by
337one of the following means:
338     1.  By nonforwardable, return-if-undeliverable mail to the
339elector's current mailing address on file with the supervisor.,
340unless the elector specifies in the request that:
341     2.  By nonforwardable, return-if-undeliverable mail to any
342address requested by an elector if the request specifies that:
343     a.  The elector is absent from the county and does not plan
344to return before the day of the election;
345     b.  The elector is temporarily unable to occupy the
346residence because of hurricane, tornado, flood, fire, or other
347emergency or natural disaster; or
348     c.  The elector is in a hospital, assisted living facility,
349nursing home, short-term medical or rehabilitation facility, or
350correctional facility,
351
352in which case the supervisor shall mail the ballot by
353nonforwardable, return-if-undeliverable mail to any other
354address the elector specifies in the request.
355     3.2.  By forwardable mail, e-mail, or facsimile machine
356transmission to absent uniformed services voters and overseas
357voters who are entitled to vote by absentee ballot under the
358Uniformed and Overseas Citizens Absentee Voting Act. The absent
359uniformed services voter or overseas voter may designate in the
360request the preferred method of transmission. If the voter does
361not designate the method of transmission, the ballot shall be
362mailed.
363     4.3.  By personal delivery before 7 p.m. on election day to
364the elector, upon presentation of the identification required in
365s. 101.043.
366     5.4.  By delivery to a designee on election day or up to 5
367days prior to the day of an election. Any elector may designate
368in writing a person to pick up the ballot for the elector;
369however, the person designated may not pick up more than two
370absentee ballots per election, other than the designee's own
371ballot, except that additional ballots may be picked up for
372members of the designee's immediate family. For purposes of this
373section, "immediate family" means the designee's spouse or the
374parent, child, grandparent, or sibling of the designee or of the
375designee's spouse. The designee shall provide to the supervisor
376the written authorization by the elector and a picture
377identification of the designee and must complete an affidavit.
378The designee shall state in the affidavit that the designee is
379authorized by the elector to pick up that ballot and shall
380indicate if the elector is a member of the designee's immediate
381family and, if so, the relationship. The department shall
382prescribe the form of the affidavit. If the supervisor is
383satisfied that the designee is authorized to pick up the ballot
384and that the signature of the elector on the written
385authorization matches the signature of the elector on file, the
386supervisor shall give the ballot to that designee for delivery
387to the elector.
388     (5)  In the event that the department Elections Canvassing
389Commission is unable to certify candidates for the results of an
390election for a state office in time for the supervisors to
391comply with paragraph (4)(a) subsection (4), the Department of
392State is authorized to prescribe rules for a ballot to be sent
393to absent uniformed services voters and electors overseas
394voters.
395     Section 7.  Effective upon this act becoming a law,
396subsection (1) of section 101.694, Florida Statutes, is amended
397to read:
398     101.694  Mailing of ballots upon receipt of federal
399postcard application.-
400     (1)  Upon receipt of a federal postcard application for an
401absentee ballot executed by a person whose registration is in
402order or whose application is sufficient to register or update
403the registration of that person, the supervisor shall send the
404ballot in accordance with s. 101.62(4) mail to the applicant a
405ballot, if the ballots are available for mailing. The federal
406postcard application request for an absentee ballot shall be
407effective for all elections through the next two regularly
408scheduled general elections.
409     Section 8.  Effective upon this act becoming a law,
410subsection (2) of section 101.71, Florida Statutes, is amended
411to read:
412     101.71  Polling place.-
413     (2)  Notwithstanding the provisions of subsection (1),
414whenever the supervisor of elections of any county determines
415that the accommodations for holding any election at a polling
416place designated for any precinct in the county are unavailable,
417are inadequate for the expeditious and efficient housing and
418handling of voting and voting paraphernalia, or do not comply
419with the requirements of s. 101.715, the supervisor shall, not
420less than 30 days prior to the holding of an election, provide
421for the voting place for such precinct to be moved to another
422site that is accessible to the public on election day in said
423precinct or, if such is not available, to another site that is
424accessible to the public on election day in a contiguous
425precinct. If such action of the supervisor results in the voting
426place for two or more precincts being located for the purposes
427of an election in one building, the supervisor of elections
428shall ensure that adequate supplies, equipment, and personnel
429are available to accommodate the voters for the precincts that
430are collocated voting places for the several precincts involved
431shall be established and maintained separate from each other in
432said building. When any supervisor moves any polling place
433pursuant to this subsection, the supervisor shall, not more than
43430 days or fewer than 7 days prior to the holding of an
435election, give notice of the change of the polling place for the
436precinct involved, with clear description of the voting place to
437which changed, at least once in a newspaper of general
438circulation in the said county and on the supervisor of
439elections' website. A notice of the change of the polling place
440involved shall be mailed, at least 14 days prior to an election,
441to each registered elector or to each household in which there
442is a registered elector.
443     Section 9.  Effective upon this act becoming a law,
444subsection (1) of section 102.012, Florida Statutes, is amended
445to read:
446     102.012  Inspectors and clerks to conduct elections.-
447     (1)(a)  The supervisor of elections of each county, at
448least 20 days prior to the holding of any election, shall
449appoint an election board comprised of poll workers who serve as
450clerks or inspectors for each precinct in the county. The clerk
451shall be in charge of, and responsible for, seeing that the
452election board carries out its duties and responsibilities. Each
453inspector and each clerk shall take and subscribe to an oath or
454affirmation, which shall be written or printed, to the effect
455that he or she will perform the duties of inspector or clerk of
456election, respectively, according to law and will endeavor to
457prevent all fraud, deceit, or abuse in conducting the election.
458The oath may be taken before an officer authorized to administer
459oaths or before any of the persons who are to act as inspectors,
460one of them to swear the others, and one of the others sworn
461thus, in turn, to administer the oath to the one who has not
462been sworn. The oaths shall be returned with the poll list and
463the returns of the election to the supervisor. In all questions
464that may arise before the members of an election board, the
465decision of a majority of them shall decide the question. The
466supervisor of elections of each county shall be responsible for
467the attendance and diligent performance of his or her duties by
468each clerk and inspector.
469     (b)  If two or more precincts share the same building and
470voting place, the supervisor of elections may appoint one
471election board for the collocated precincts. The supervisor
472shall ensure that a sufficient number of poll workers are
473appointed to adequately handle the processing of the voters in
474the collocated precincts.
475     Section 10.  Effective upon this act becoming a law,
476section 102.111, Florida Statutes, is amended to read:
477     102.111  Elections Canvassing Commission.-
478     (1)  The Elections Canvassing Commission shall consist of
479the Governor and two members of the Cabinet selected by the
480Governor, all of whom shall serve ex officio. If a member of the
481Elections Canvassing commission is unable to serve for any
482reason, the Governor shall appoint a remaining member of the
483Cabinet. If there is a further vacancy, the remaining members of
484the commission shall agree on another elected official to fill
485the vacancy.
486     (2)  The Elections Canvassing Commission shall meet at 9
487a.m. on the 9th day after a primary election and at 9 a.m. on
488the 14th day after a general election to, as soon as the
489official results are compiled from all counties, certify the
490returns of the election and determine and declare who has been
491elected for each federal, state, and multicounty office. If a
492member of a county canvassing board that was constituted
493pursuant to s. 102.141 determines, within 5 days after the
494certification by the Elections Canvassing Commission, that a
495typographical error occurred in the official returns of the
496county, the correction of which could result in a change in the
497outcome of an election, the county canvassing board must certify
498corrected returns to the Department of State within 24 hours,
499and the Elections Canvassing Commission must correct and
500recertify the election returns as soon as practicable.
501     (3)(2)  The Division of Elections shall provide the staff
502services required by the Elections Canvassing Commission.
503     Section 11.  Effective upon this act becoming a law,
504subsection (2) of section 102.112, Florida Statutes, is amended
505to read:
506     102.112  Deadline for submission of county returns to the
507Department of State.-
508     (2)  Returns must be filed by 5 p.m. on the 7th day
509following a primary election and by noon on the 12th day
510following the general election. However, the Department of State
511may correct typographical errors, including the transposition of
512numbers, in any returns submitted to the Department of State
513pursuant to s. 102.111(2) s. 102.111(1).
514     Section 12.  Effective upon this act becoming a law,
515subsections (2) and (7) of section 102.141, Florida Statutes,
516are amended to read:
517     102.141  County canvassing board; duties.-
518     (2)  The county canvassing board shall meet in a building
519accessible to the public in the county where the election
520occurred at a time and place to be designated by the supervisor
521of elections to publicly canvass the absentee electors' ballots
522as provided for in s. 101.68 and provisional ballots as provided
523by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
524pursuant to s. 101.049 shall be canvassed in a manner that votes
525for candidates and issues on those ballots can be segregated
526from other votes. Public notice of the time and place at which
527the county canvassing board shall meet to canvass the absentee
528electors' ballots and provisional ballots shall be given at
529least 48 hours prior thereto by publication on the supervisor of
530elections' website and once in one or more newspapers of general
531circulation in the county or, if there is no newspaper of
532general circulation in the county, by posting such notice in at
533least four conspicuous places in the county. As soon as the
534absentee electors' ballots and the provisional ballots are
535canvassed, the board shall proceed to publicly canvass the vote
536given each candidate, nominee, constitutional amendment, or
537other measure submitted to the electorate of the county, as
538shown by the returns then on file in the office of the
539supervisor of elections and the office of the county court
540judge.
541     (7)  If the unofficial returns reflect that a candidate for
542any office was defeated or eliminated by one-half of a percent
543or less of the votes cast for such office, that a candidate for
544retention to a judicial office was retained or not retained by
545one-half of a percent or less of the votes cast on the question
546of retention, or that a measure appearing on the ballot was
547approved or rejected by one-half of a percent or less of the
548votes cast on such measure, the board responsible for certifying
549the results of the vote on such race or measure shall order a
550recount shall be ordered of the votes cast with respect to such
551office or measure. The Secretary of State Elections Canvassing
552Commission is the board responsible for ordering recounts in
553federal, state, and multicounty races recounts. The county
554canvassing board or the local board responsible for certifying
555the election is responsible for ordering recounts in all other
556races. A recount need not be ordered with respect to the returns
557for any office, however, if the candidate or candidates defeated
558or eliminated from contention for such office by one-half of a
559percent or less of the votes cast for such office request in
560writing that a recount not be made.
561     (a)  Each canvassing board responsible for conducting a
562recount shall put each marksense ballot through automatic
563tabulating equipment and determine whether the returns correctly
564reflect the votes cast. If any marksense ballot is physically
565damaged so that it cannot be properly counted by the automatic
566tabulating equipment during the recount, a true duplicate shall
567be made of the damaged ballot pursuant to the procedures in s.
568101.5614(5). Immediately before the start of the recount, a test
569of the tabulating equipment shall be conducted as provided in s.
570101.5612. If the test indicates no error, the recount tabulation
571of the ballots cast shall be presumed correct and such votes
572shall be canvassed accordingly. If an error is detected, the
573cause therefor shall be ascertained and corrected and the
574recount repeated, as necessary. The canvassing board shall
575immediately report the error, along with the cause of the error
576and the corrective measures being taken, to the Department of
577State. No later than 11 days after the election, the canvassing
578board shall file a separate incident report with the Department
579of State, detailing the resolution of the matter and identifying
580any measures that will avoid a future recurrence of the error.
581     (b)  Each canvassing board responsible for conducting a
582recount where touchscreen ballots were used shall examine the
583counters on the precinct tabulators to ensure that the total of
584the returns on the precinct tabulators equals the overall
585election return. If there is a discrepancy between the overall
586election return and the counters of the precinct tabulators, the
587counters of the precinct tabulators shall be presumed correct
588and such votes shall be canvassed accordingly.
589     (c)  The canvassing board shall submit on forms or in
590formats provided by the division a second set of unofficial
591returns to the Department of State for each federal, statewide,
592state, or multicounty office or ballot measure. The returns
593shall be filed no later than 3 p.m. on the 5th fifth day after
594any primary election and no later than 3 p.m. on the 9th ninth
595day after any general election in which a recount was ordered by
596the Secretary of State conducted pursuant to this subsection. If
597the canvassing board is unable to complete the recount
598prescribed in this subsection by the deadline, the second set of
599unofficial returns submitted by the canvassing board shall be
600identical to the initial unofficial returns and the submission
601shall also include a detailed explanation of why it was unable
602to timely complete the recount. However, the canvassing board
603shall complete the recount prescribed in this subsection, along
604with any manual recount prescribed in s. 102.166, and certify
605election returns in accordance with the requirements of this
606chapter.
607     (d)  The Department of State shall adopt detailed rules
608prescribing additional recount procedures for each certified
609voting system, which shall be uniform to the extent practicable.
610     Section 13.  Effective upon this act becoming a law,
611subsection (1) of section 102.166, Florida Statutes, is amended
612to read:
613     102.166  Manual recounts of overvotes and undervotes.-
614     (1)  If the second set of unofficial returns pursuant to s.
615102.141 indicates that a candidate for any office was defeated
616or eliminated by one-quarter of a percent or less of the votes
617cast for such office, that a candidate for retention to a
618judicial office was retained or not retained by one-quarter of a
619percent or less of the votes cast on the question of retention,
620or that a measure appearing on the ballot was approved or
621rejected by one-quarter of a percent or less of the votes cast
622on such measure, the board responsible for certifying the
623results of the vote on such race or measure shall order a manual
624recount of the overvotes and undervotes cast in the entire
625geographic jurisdiction of such office or ballot measure shall
626be ordered unless:. A manual recount may not be ordered,
627however, if
628     (a)  The candidate or candidates defeated or eliminated
629from contention by one-quarter of 1 percent or less of the votes
630cast for such office request in writing that a recount not be
631made; or
632     (b)  The number of overvotes and, undervotes, and
633provisional ballots is fewer than the number of votes needed to
634change the outcome of the election.
635
636The Secretary of State is responsible for ordering a manual
637recount for federal, state, and multicounty races. The county
638canvassing board or local board responsible for certifying the
639election is responsible for ordering a manual recount for all
640other races.
641     Section 14.  Subsections (4) and (7) of section 106.03,
642Florida Statutes, are amended to read:
643     106.03  Registration of political committees.-
644     (4)  Any change in information previously submitted in a
645statement of organization shall be reported to the agency or
646officer with whom the political such committee is registered
647shall be reported required to register pursuant to subsection
648(3), within 10 days after following the change.
649     (7)  The Division of Elections shall adopt promulgate rules
650to prescribe the manner in which inactive committees that fail
651to file a report or information required pursuant to this
652chapter or that fail to meet the criteria prescribed in s.
653106.011 may be dissolved and have their registration canceled.
654Such rules shall, at a minimum, provide for:
655     (a)  Notice which shall contain the facts and conduct which
656warrant the intended action, including but not limited to
657failure to file reports and limited activity.
658     (b)  Adequate opportunity to respond.
659     (c)  Appeal of the decision to the Florida Elections
660Commission. Such appeals shall be exempt from the
661confidentiality provisions of s. 106.25.
662     Section 15.  Subsection (4) of section 106.04, Florida
663Statutes, is amended, present subsections (7) and (8) of that
664section are amended and renumbered as subsections (8) and (9),
665respectively, and a new subsection (7) is added to that section,
666to read:
667     106.04  Committees of continuous existence.-
668     (4)(a)  Each committee of continuous existence shall file
669an annual report with the Division of Elections during the month
670of January. Such annual reports shall contain the same
671information and shall be accompanied by the same materials as
672original applications filed pursuant to subsection (2). However,
673the charter or bylaws need not be filed if the annual report is
674accompanied by a sworn statement by the chair that no changes
675have been made to such charter or bylaws since the last filing.
676     (b)1.  Each committee of continuous existence shall file
677regular reports with the Division of Elections pursuant to s.
678106.0705 at the same times and subject to the same filing
679conditions as are established by s. 106.07(1) and (2) for
680candidates' reports. In addition, when a special election is
681called to fill a vacancy in office, all committees of continuous
682existence making contributions or expenditures to influence the
683results of the special election or the preceding special primary
684election must file campaign treasurers' reports with the filing
685officer on the dates set by the Department of State pursuant to
686s. 100.111.
687     2.  A committee of continuous existence that makes a
688contribution or an expenditure in connection with a county or
689municipal election that is not being held at the same time as a
690state or federal election must also file campaign finance
691reports with the county or municipal filing officer on the same
692dates as county or municipal candidates or committees for that
693election. The committee of continuous existence must include the
694contribution or expenditure in the next report filed with the
695Division of Elections pursuant to this section after the county
696or municipal election.
697     3.2.  Any committee of continuous existence failing to so
698file a report with the Division of Elections or applicable
699filing officer pursuant to this paragraph on the designated due
700date shall be subject to a fine for late filing as provided by
701this section.
702     (c)  All committees of continuous existence shall file
703their reports with the Division of Elections. Reports filed
704pursuant to paragraph (b) must shall be filed in accordance with
705s. 106.0705 and shall contain the following information:
706     1.  The full name, address, and occupation of each person
707who has made one or more contributions, including contributions
708that represent the payment of membership dues, to the committee
709during the reporting period, together with the amounts and dates
710of such contributions. For corporations, the report must provide
711as clear a description as practicable of the principal type of
712business conducted by the corporation. However, if the
713contribution is $100 or less, the occupation of the contributor
714or principal type of business need not be listed. However, for
715any contributions that represent the payment of dues by members
716in a fixed amount aggregating no more than $250 per calendar
717year, pursuant to the schedule on file with the Division of
718Elections, only the aggregate amount of such contributions need
719be listed, together with the number of members paying such dues
720and the amount of the membership dues.
721     2.  The name and address of each political committee or
722committee of continuous existence from which the reporting
723committee received, or the name and address of each political
724committee, committee of continuous existence, or political party
725to which it made, any transfer of funds, together with the
726amounts and dates of all transfers.
727     3.  Any other receipt of funds not listed pursuant to
728subparagraph 1. or subparagraph 2., including the sources and
729amounts of all such funds.
730     4.  The name and address of, and office sought by, each
731candidate to whom the committee has made a contribution during
732the reporting period, together with the amount and date of each
733contribution.
734     5.  The full name and address of each person to whom
735expenditures have been made by or on behalf of the committee
736within the reporting period; the amount, date, and purpose of
737each such expenditure; and the name and address, and office
738sought by, each candidate on whose behalf such expenditure was
739made.
740     6.  The full name and address of each person to whom an
741expenditure for personal services, salary, or reimbursement for
742authorized expenses has been made, including the full name and
743address of each entity to whom the person made payment for which
744reimbursement was made by check drawn upon the committee
745account, together with the amount and purpose of such payment.
746     7.  Transaction information from each credit card purchase
747statement that will be included in the next report following
748receipt thereof by the committee. Receipts for each credit card
749purchase shall be retained by the treasurer with the records for
750the committee account.
751     8.  The total sum of expenditures made by the committee
752during the reporting period.
753     (d)  The treasurer of each committee shall certify as to
754the correctness of each report and shall bear the responsibility
755for its accuracy and veracity. Any treasurer who willfully
756certifies to the correctness of a report while knowing that such
757report is incorrect, false, or incomplete commits a misdemeanor
758of the first degree, punishable as provided in s. 775.082 or s.
759775.083.
760     (7)  Any change in information previously submitted to the
761division must be reported within 10 days after the change.
762     (8)(7)  If a committee of continuous existence ceases to
763meet the criteria prescribed by subsection (1) or fails to file
764a report or information required pursuant to this chapter, the
765Division of Elections shall revoke its certification until such
766time as the criteria are again met. The Division of Elections
767shall adopt promulgate rules to prescribe the manner in which
768the such certification of a committee of continuous existence
769shall be revoked. Such rules shall, at a minimum, provide for:
770     (a)  Notice, which must shall contain the facts and conduct
771that warrant the intended action.
772     (b)  Adequate opportunity to respond.
773     (c)  Appeal of the decision to the Florida Elections
774Commission. Such appeals are shall be exempt from the
775confidentiality provisions of s. 106.25.
776     (9)(8)(a)  Any committee of continuous existence failing to
777file a report on the designated due date is shall be subject to
778a fine. The fine shall be $50 per day for the first 3 days late
779and, thereafter, $500 per day for each late day, not to exceed
78025 percent of the total receipts or expenditures, whichever is
781greater, for the period covered by the late report. However, for
782the reports immediately preceding each primary and general
783election, including a special primary election and a special
784general election, the fine shall be $500 per day for each late
785day, not to exceed 25 percent of the total receipts or
786expenditures, whichever is greater, for the period covered by
787the late report. The fine shall be assessed by the filing
788officer, and the moneys collected shall be deposited:
789     1.  In the General Revenue Fund, in the case of fines
790collected by the Division of Elections.
791     2.  In the general revenue fund of the political
792subdivision, in the case of fines collected by a county or
793municipal filing officer No separate fine shall be assessed for
794failure to file a copy of any report required by this section.
795     (b)  Upon determining that a report is late, the filing
796officer shall immediately notify the treasurer of the committee
797or the committee's registered agent as to the failure to file a
798report by the designated due date and that a fine is being
799assessed for each late day. Upon receipt of the report, the
800filing officer shall determine the amount of fine which is due
801and shall notify the treasurer of the committee. Notice is
802deemed sufficient upon proof of delivery of written notice to
803the mailing or street address on record with the filing officer.
804The filing officer shall determine the amount of the fine due
805based upon the earliest of the following:
806     1.  When the report is actually received by such officer.
807     2.  When the report is postmarked.
808     3.  When the certificate of mailing is dated.
809     4.  When the receipt from an established courier company is
810dated.
811
812Such fine shall be paid to the filing officer within 20 days
813after receipt of the notice of payment due, unless appeal is
814made to the Florida Elections Commission pursuant to paragraph
815(c). An officer or member of a committee is shall not be
816personally liable for such fine.
817     (c)  Any treasurer of a committee may appeal or dispute the
818fine, based upon unusual circumstances surrounding the failure
819to file on the designated due date, and may request and is shall
820be entitled to a hearing before the Florida Elections
821Commission, which may shall have the authority to waive the fine
822in whole or in part. Any such request must shall be made within
82320 days after receipt of the notice of payment due. In such
824case, the treasurer of The committee shall file a copy of the
825appeal with, within the 20-day period, notify the filing officer
826in writing of his or her intention to bring the matter before
827the commission.
828     (d)  The filing officer shall notify the Florida Elections
829Commission of the repeated late filing by a committee of
830continuous existence, the failure of a committee of continuous
831existence to file a report after notice, or the failure to pay
832the fine imposed.
833     Section 16.  Paragraph (b) of subsection (2), subsections
834(3) and (4), and paragraph (b) of subsection (8) of section
835106.07, Florida Statutes, are amended to read:
836     106.07  Reports; certification and filing.-
837     (2)
838     (b)1.  Any report which is deemed to be incomplete by the
839officer with whom the candidate qualifies shall be accepted on a
840conditional basis., and The campaign treasurer shall be notified
841by certified registered mail, or other common carrier that can
842establish proof of delivery for the notice, as to why the report
843is incomplete. and Within 7 be given 3 days after from receipt
844of such notice, the campaign treasurer must to file an addendum
845to the report providing all information necessary to complete
846the report in compliance with this section. Failure to file a
847complete report after such notice constitutes a violation of
848this chapter.
849     2.  Notice is deemed sufficient upon proof of delivery of
850written notice to the mailing or street address of the campaign
851treasurer or registered agent on record with the filing officer.
852In lieu of the notice by registered mail as required in
853subparagraph 1., the qualifying officer may notify the campaign
854treasurer by telephone that the report is incomplete and request
855the information necessary to complete the report. If, however,
856such information is not received by the qualifying officer
857within 3 days after the telephone request therefor, notice shall
858be sent by registered mail as provided in subparagraph 1.
859     (3)(a)  Reports required of a political committee shall be
860filed with the agency or officer before whom such committee
861registers pursuant to s. 106.03(3) and shall be subject to the
862same filing conditions as established for candidates' reports.
863Incomplete reports by political committees shall be treated in
864the manner provided for incomplete reports by candidates in
865subsection (2).
866     (b)  In addition to the reports required by paragraph (a),
867a political committee that is registered with the Department of
868State and that makes a contribution or expenditure in connection
869with a county or municipal election that is not being held at
870the same time as a state or federal election must file campaign
871finance reports with the county or municipal filing officer on
872the same dates as county or municipal candidates or committees
873for that election. The political committee must also include the
874contribution or expenditure in the next report filed with the
875Division of Elections pursuant to this section following the
876county or municipal election.
877     (4)(a)  Each report required by this section must shall
878contain:
879     1.  The full name, address, and occupation, if any of each
880person who has made one or more contributions to or for such
881committee or candidate within the reporting period, together
882with the amount and date of such contributions. For
883corporations, the report must provide as clear a description as
884practicable of the principal type of business conducted by the
885corporation. However, if the contribution is $100 or less or is
886from a relative, as defined in s. 112.312, provided that the
887relationship is reported, the occupation of the contributor or
888the principal type of business need not be listed.
889     2.  The name and address of each political committee from
890which the reporting committee or the candidate received, or to
891which the reporting committee or candidate made, any transfer of
892funds, together with the amounts and dates of all transfers.
893     3.  Each loan for campaign purposes to or from any person
894or political committee within the reporting period, together
895with the full names, addresses, and occupations, and principal
896places of business, if any, of the lender and endorsers, if any,
897and the date and amount of such loans.
898     4.  A statement of each contribution, rebate, refund, or
899other receipt not otherwise listed under subparagraphs 1.
900through 3.
901     5.  The total sums of all loans, in-kind contributions, and
902other receipts by or for such committee or candidate during the
903reporting period. The reporting forms shall be designed to
904elicit separate totals for in-kind contributions, loans, and
905other receipts.
906     6.  The full name and address of each person to whom
907expenditures have been made by or on behalf of the committee or
908candidate within the reporting period; the amount, date, and
909purpose of each such expenditure; and the name and address of,
910and office sought by, each candidate on whose behalf such
911expenditure was made. However, expenditures made from the petty
912cash fund provided by s. 106.12 need not be reported
913individually.
914     7.  The full name and address of each person to whom an
915expenditure for personal services, salary, or reimbursement for
916authorized expenses as provided in s. 106.021(3) has been made
917and which is not otherwise reported, including the amount, date,
918and purpose of such expenditure. However, expenditures made from
919the petty cash fund provided for in s. 106.12 need not be
920reported individually.
921     8.  The total amount withdrawn and the total amount spent
922for petty cash purposes pursuant to this chapter during the
923reporting period.
924     9.  The total sum of expenditures made by such committee or
925candidate during the reporting period.
926     10.  The amount and nature of debts and obligations owed by
927or to the committee or candidate, which relate to the conduct of
928any political campaign.
929     11.  Transaction information for each credit card purchase.
930A copy of each credit card statement which shall be included in
931the next report following receipt thereof by the candidate or
932political committee. Receipts for each credit card purchase
933shall be retained by the treasurer with the records for the
934campaign account.
935     12.  The amount and nature of any separate interest-bearing
936accounts or certificates of deposit and identification of the
937financial institution in which such accounts or certificates of
938deposit are located.
939     13.  The primary purposes of an expenditure made indirectly
940through a campaign treasurer pursuant to s. 106.021(3) for goods
941and services such as communications media placement or
942procurement services, campaign signs, insurance, and other
943expenditures that include multiple components as part of the
944expenditure. The primary purpose of an expenditure shall be that
945purpose, including integral and directly related components,
946that comprises 80 percent of such expenditure.
947     (b)  The filing officer shall make available to any
948candidate or committee a reporting form which the candidate or
949committee may use to indicate contributions received by the
950candidate or committee but returned to the contributor before
951deposit.
952     (8)
953     (b)  Upon determining that a report is late, the filing
954officer shall immediately notify the candidate or chair of the
955political committee as to the failure to file a report by the
956designated due date and that a fine is being assessed for each
957late day. The fine shall be $50 per day for the first 3 days
958late and, thereafter, $500 per day for each late day, not to
959exceed 25 percent of the total receipts or expenditures,
960whichever is greater, for the period covered by the late report.
961However, for the reports immediately preceding each primary and
962general election, the fine shall be $500 per day for each late
963day, not to exceed 25 percent of the total receipts or
964expenditures, whichever is greater, for the period covered by
965the late report. For reports required under s. 106.141(7), the
966fine is $50 per day for each late day, not to exceed 25 percent
967of the total receipts or expenditures, whichever is greater, for
968the period covered by the late report. Upon receipt of the
969report, the filing officer shall determine the amount of the
970fine which is due and shall notify the candidate or chair or
971registered agent of the political committee. The filing officer
972shall determine the amount of the fine due based upon the
973earliest of the following:
974     1.  When the report is actually received by such officer.
975     2.  When the report is postmarked.
976     3.  When the certificate of mailing is dated.
977     4.  When the receipt from an established courier company is
978dated.
979     5.  When the electronic receipt issued pursuant to s.
980106.0705 or other electronic filing system authorized in this
981section is dated.
982
983Such fine shall be paid to the filing officer within 20 days
984after receipt of the notice of payment due, unless appeal is
985made to the Florida Elections Commission pursuant to paragraph
986(c). Notice is deemed sufficient upon proof of delivery of
987written notice to the mailing or street address on record with
988the filing officer. In the case of a candidate, such fine shall
989not be an allowable campaign expenditure and shall be paid only
990from personal funds of the candidate. An officer or member of a
991political committee shall not be personally liable for such
992fine.
993     Section 17.  Subsection (3) of section 106.0705, Florida
994Statutes, is amended to read:
995     106.0705  Electronic filing of campaign treasurer's
996reports.-
997     (3)  Reports filed pursuant to this section shall be
998completed and filed through the electronic filing system not
999later than midnight of the day designated. Reports not filed by
1000midnight of the day designated are late filed and are subject to
1001the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), or
1002s. 106.29(3), as applicable.
1003     Section 18.  Subsection (6) is added to section 106.11,
1004Florida Statutes, to read:
1005     106.11  Expenses of and expenditures by candidates and
1006political committees.-Each candidate and each political
1007committee which designates a primary campaign depository
1008pursuant to s. 106.021(1) shall make expenditures from funds on
1009deposit in such primary campaign depository only in the
1010following manner, with the exception of expenditures made from
1011petty cash funds provided by s. 106.12:
1012     (6)  A candidate who made a loan to his or her campaign and
1013reported the loan as required by s. 106.07 may be reimbursed for
1014the loan at any time the campaign account has sufficient funds
1015to repay the loan and satisfy its other obligations.
1016     Section 19.  Subsections (1) and (2) of section 106.143,
1017Florida Statutes, are amended to read:
1018     106.143  Political advertisements circulated prior to
1019election; requirements.-
1020     (1)(a)  Any political advertisement that is paid for by a
1021candidate and that is published, displayed, or circulated prior
1022to, or on the day of, any election must prominently state:
1023"Political advertisement paid for and approved by ...(name of
1024candidate)..., ...(party affiliation)..., for ...(office
1025sought)...." or "Pol. adv. pd. for and approved by ...(name of
1026candidate)..., ...(party affiliation)..., for ...(office
1027sought)...." A candidate seeking nonpartisan office shall omit
1028the reference to party affiliation in all disclaimers.
1029     (b)  Any other political advertisement published,
1030displayed, or circulated prior to, or on the day of, any
1031election must prominently:
1032     1.  Be marked "paid political advertisement" or with the
1033abbreviation "pd. pol. adv."
1034     2.  State the name and address of the persons sponsoring
1035the advertisement.
1036     3.a.(I)  State whether the advertisement and the cost of
1037production is paid for or provided in kind by or at the expense
1038of the entity publishing, displaying, broadcasting, or
1039circulating the political advertisement; or
1040     (II)  State who provided or paid for the advertisement and
1041cost of production, if different from the source of sponsorship.
1042     b.  This subparagraph does not apply if the source of the
1043sponsorship is patently clear from the content or format of the
1044political advertisement.
1045     (c)  Any political advertisement made pursuant to s.
1046106.021(3)(d) must be marked "paid political advertisement" or
1047with the abbreviation "pd. pol. adv." and must prominently
1048state, "Paid for and sponsored by ...(name of person paying for
1049political advertisement).... Approved by ...(names of persons,
1050party affiliation, and offices sought in the political
1051advertisement)...."
1052
1053This subsection does not apply to campaign messages used by a
1054candidate and the candidate's supporters if those messages are
1055designed to be worn by a person.
1056     (2)  Any political advertisement of a candidate running for
1057partisan office shall express the name of the political party of
1058which the candidate is seeking nomination or is the nominee. If
1059the candidate for partisan office is running as a candidate with
1060no party affiliation, any political advertisement of the
1061candidate must state that the candidate has no party
1062affiliation. A candidate running for a nonpartisan office must
1063exclude the candidate's political party affiliation from any
1064political advertisement.
1065     Section 20.  Paragraph (b) of subsection (3) of section
1066106.29, Florida Statutes, is amended to read:
1067     106.29  Reports by political parties; restrictions on
1068contributions and expenditures; penalties.-
1069     (3)
1070     (b)  Upon determining that a report is late, the filing
1071officer shall immediately notify the chair of the executive
1072committee as to the failure to file a report by the designated
1073due date and that a fine is being assessed for each late day.
1074The fine shall be $1,000 for a state executive committee, and
1075$50 for a county executive committee, per day for each late day,
1076not to exceed 25 percent of the total receipts or expenditures,
1077whichever is greater, for the period covered by the late report.
1078However, if an executive committee fails to file a report on the
1079Friday immediately preceding the general election, the fine
1080shall be $10,000 per day for each day a state executive
1081committee is late and $500 per day for each day a county
1082executive committee is late. Upon receipt of the report, the
1083filing officer shall determine the amount of the fine which is
1084due and shall notify the chair. Notice is deemed sufficient upon
1085proof of delivery of written notice to the mailing or street
1086address on record with the filing officer. The filing officer
1087shall determine the amount of the fine due based upon the
1088earliest of the following:
1089     1.  When the report is actually received by such officer.
1090     2.  When the report is postmarked.
1091     3.  When the certificate of mailing is dated.
1092     4.  When the receipt from an established courier company is
1093dated.
1094     5.  When the electronic receipt issued pursuant to s.
1095106.0705 is dated.
1096
1097Such fine shall be paid to the filing officer within 20 days
1098after receipt of the notice of payment due, unless appeal is
1099made to the Florida Elections Commission pursuant to paragraph
1100(c). An officer or member of an executive committee shall not be
1101personally liable for such fine.
1102     Section 21.  Subsection (11) of section 379.352, Florida
1103Statutes, is amended to read:
1104     379.352  Recreational licenses, permits, and authorization
1105numbers to take wild animal life, freshwater aquatic life, and
1106marine life; issuance; costs; reporting.-
1107     (11)  When acting in its official capacity pursuant to this
1108section, neither the commission nor a subagent is deemed a
1109third-party registration organization, as defined in s.
111097.021(37) s. 97.021(36), or a voter registration agency, as
1111defined in s. 97.021(41) 97.021(40), and is not authorized to
1112solicit, accept, or collect voter registration applications or
1113provide voter registration services.
1114     Section 22.  Except as otherwise expressly provided in this
1115act and except for this section, which shall take effect upon
1116this act becoming a law, this act shall take effect January 1,
11172011.


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