1 | Representative Thurston offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 2443 and 2444, insert: |
5 | Section 44. Subsections (4) and (5) of section 105.031, |
6 | Florida Statutes, are amended to read: |
7 | 105.031 Qualification; filing fee; candidate's oath; items |
8 | required to be filed.- |
9 | (4) CANDIDATE'S OATH.- |
10 | (a) All candidates for the office of school board member |
11 | shall subscribe to the oath as prescribed in s. 99.021. |
12 | (b) All candidates for judicial office shall subscribe to |
13 | an oath or affirmation in writing to be filed with the |
14 | appropriate qualifying officer upon qualifying. A printed copy |
15 | of the oath or affirmation shall be furnished to the candidate |
16 | by the qualifying officer and shall be in substantially the |
17 | following form: |
18 |
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19 | State of Florida |
20 | County of .... |
21 |
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22 | Before me, an officer authorized to administer oaths, |
23 | personally appeared ...(please print official bar name of the |
24 | candidate as it appears in the records of The Florida Bar name |
25 | as you wish it to appear on the ballot)..., to me well known, |
26 | who, being sworn, says he or she: is a candidate for the |
27 | judicial office of ....; that his or her legal residence is .... |
28 | County, Florida; that he or she is a qualified elector of the |
29 | state and of the territorial jurisdiction of the court to which |
30 | he or she seeks election; that he or she is qualified under the |
31 | constitution and laws of Florida to hold the judicial office to |
32 | which he or she desires to be elected or in which he or she |
33 | desires to be retained; that he or she has taken the oath |
34 | required by ss. 876.05-876.10, Florida Statutes; that he or she |
35 | has qualified for no other public office in the state, the term |
36 | of which office or any part thereof runs concurrent to the |
37 | office he or she seeks; and that he or she has resigned from any |
38 | office which he or she is required to resign pursuant to s. |
39 | 99.012, Florida Statutes. |
40 |
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41 | ...(Signature of candidate)... |
42 | ...(Address)... |
43 |
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44 | Sworn to and subscribed before me this .... day of ...., |
45 | ...(year)..., at .... County, Florida. |
46 |
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47 | ...(Signature and title of officer administering oath)... |
48 |
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49 | (5) ITEMS REQUIRED TO BE FILED.- |
50 | (a) In order for a candidate for judicial office or the |
51 | office of school board member to be qualified, the following |
52 | items must be received by the filing officer by the end of the |
53 | qualifying period: |
54 | 1. Except for candidates for retention to judicial office, |
55 | a properly executed check drawn upon the candidate's campaign |
56 | account in an amount not less than the fee required by |
57 | subsection (3) or, in lieu thereof, the copy of the notice of |
58 | obtaining ballot position pursuant to s. 105.035. If a |
59 | candidate's check is returned by the bank for any reason, the |
60 | filing officer shall immediately notify the candidate and the |
61 | candidate shall, the end of qualifying notwithstanding, have 48 |
62 | hours from the time such notification is received, excluding |
63 | Saturdays, Sundays, and legal holidays, to pay the fee with a |
64 | cashier's check purchased from funds of the campaign account. |
65 | Failure to pay the fee as provided in this subparagraph shall |
66 | disqualify the candidate. |
67 | 2. The candidate's oath required by subsection (4), which |
68 | must contain the official bar name of the candidate as it |
69 | appears in the records of The Florida Bar is to appear on the |
70 | ballot; the office sought, including the district or group |
71 | number if applicable; and the signature of the candidate, duly |
72 | acknowledged. |
73 | 3. The loyalty oath required by s. 876.05, signed by the |
74 | candidate and duly acknowledged. |
75 | 4. The completed form for the appointment of campaign |
76 | treasurer and designation of campaign depository, as required by |
77 | s. 106.021. In addition, each candidate for judicial office, |
78 | including an incumbent judge, shall file a statement with the |
79 | qualifying officer, within 10 days after filing the appointment |
80 | of campaign treasurer and designation of campaign depository, |
81 | stating that the candidate has read and understands the |
82 | requirements of the Florida Code of Judicial Conduct. Such |
83 | statement shall be in substantially the following form: |
84 |
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85 | Statement of Candidate for Judicial Office |
86 |
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87 | I, ...(name of candidate)..., a judicial candidate, have |
88 | received, read, and understand the requirements of the Florida |
89 | Code of Judicial Conduct. |
90 | ...(Signature of candidate)... |
91 | ...(Date)... |
92 | 5. The full and public disclosure of financial interests |
93 | required by s. 8, Art. II of the State Constitution or the |
94 | statement of financial interests required by s. 112.3145, |
95 | whichever is applicable. A public officer who has filed the full |
96 | and public disclosure or statement of financial interests with |
97 | the Commission on Ethics or the supervisor of elections prior to |
98 | qualifying for office may file a copy of that disclosure at the |
99 | time of qualifying. |
100 | (b) If the filing officer receives qualifying papers that |
101 | do not include all items as required by paragraph (a) prior to |
102 | the last day of qualifying, the filing officer shall make a |
103 | reasonable effort to notify the candidate of the missing or |
104 | incomplete items and shall inform the candidate that all |
105 | required items must be received by the close of qualifying. A |
106 | candidate's name as it is to appear on the ballot may not be |
107 | changed after the end of qualifying. |
108 | Section 45. Subsection (2) of section 105.041, Florida |
109 | Statutes, is amended to read: |
110 | 105.041 Form of ballot.- |
111 | (2) LISTING OF CANDIDATES.- |
112 | (a) The order of nonpartisan offices appearing on the |
113 | ballot shall be determined by the Department of State. The names |
114 | of candidates for election to each nonpartisan office shall be |
115 | determined by lot and listed in such order on the ballot from |
116 | first to last listed in alphabetical order. When two or more |
117 | candidates running for the same office have the same or a |
118 | similar surname, the word "incumbent" shall appear next to the |
119 | incumbent's name. |
120 | (b) With respect to retention of justices and judges, the |
121 | question "Shall Justice (or Judge) (name of justice or judge) of |
122 | the (name of the court) be retained in office?" shall appear on |
123 | the ballot in alphabetical order and thereafter the words "Yes" |
124 | and "No." |
125 |
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126 |
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127 | ----------------------------------------------------- |
128 | T I T L E A M E N D M E N T |
129 | Between lines 209 and 210, insert: |
130 | amending s. 105.031, F.S.; requiring judicial candidates to use |
131 | their official bar name when qualifying for office and for |
132 | listing on the ballot; amending s. 105.041, F.S.; specifying how |
133 | the names of judicial candidates shall be listed on the ballot; |