Amendment
Bill No. CS/CS/HB 1355
Amendment No. 109975
CHAMBER ACTION
Senate House
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1Representative Thurston offered the following:
2
3     Amendment (with title amendment)
4     Between lines 2443 and 2444, insert:
5     Section 44.  Subsections (4) and (5) of section 105.031,
6Florida Statutes, are amended to read:
7     105.031  Qualification; filing fee; candidate's oath; items
8required to be filed.-
9     (4)  CANDIDATE'S OATH.-
10     (a)  All candidates for the office of school board member
11shall subscribe to the oath as prescribed in s. 99.021.
12     (b)  All candidates for judicial office shall subscribe to
13an oath or affirmation in writing to be filed with the
14appropriate qualifying officer upon qualifying. A printed copy
15of the oath or affirmation shall be furnished to the candidate
16by the qualifying officer and shall be in substantially the
17following form:
18
19State of Florida
20County of ....
21
22     Before me, an officer authorized to administer oaths,
23personally appeared ...(please print official bar name of the
24candidate as it appears in the records of The Florida Bar name
25as you wish it to appear on the ballot)..., to me well known,
26who, being sworn, says he or she: is a candidate for the
27judicial office of ....; that his or her legal residence is ....
28County, Florida; that he or she is a qualified elector of the
29state and of the territorial jurisdiction of the court to which
30he or she seeks election; that he or she is qualified under the
31constitution and laws of Florida to hold the judicial office to
32which he or she desires to be elected or in which he or she
33desires to be retained; that he or she has taken the oath
34required by ss. 876.05-876.10, Florida Statutes; that he or she
35has qualified for no other public office in the state, the term
36of which office or any part thereof runs concurrent to the
37office he or she seeks; and that he or she has resigned from any
38office which he or she is required to resign pursuant to s.
3999.012, Florida Statutes.
40
41     ...(Signature of candidate)...
42     ...(Address)...
43
44Sworn to and subscribed before me this .... day of ....,
45...(year)..., at .... County, Florida.
46
47...(Signature and title of officer administering oath)...
48
49     (5)  ITEMS REQUIRED TO BE FILED.-
50     (a)  In order for a candidate for judicial office or the
51office of school board member to be qualified, the following
52items must be received by the filing officer by the end of the
53qualifying period:
54     1.  Except for candidates for retention to judicial office,
55a properly executed check drawn upon the candidate's campaign
56account in an amount not less than the fee required by
57subsection (3) or, in lieu thereof, the copy of the notice of
58obtaining ballot position pursuant to s. 105.035. If a
59candidate's check is returned by the bank for any reason, the
60filing officer shall immediately notify the candidate and the
61candidate shall, the end of qualifying notwithstanding, have 48
62hours from the time such notification is received, excluding
63Saturdays, Sundays, and legal holidays, to pay the fee with a
64cashier's check purchased from funds of the campaign account.
65Failure to pay the fee as provided in this subparagraph shall
66disqualify the candidate.
67     2.  The candidate's oath required by subsection (4), which
68must contain the official bar name of the candidate as it
69appears in the records of The Florida Bar is to appear on the
70ballot; the office sought, including the district or group
71number if applicable; and the signature of the candidate, duly
72acknowledged.
73     3.  The loyalty oath required by s. 876.05, signed by the
74candidate and duly acknowledged.
75     4.  The completed form for the appointment of campaign
76treasurer and designation of campaign depository, as required by
77s. 106.021. In addition, each candidate for judicial office,
78including an incumbent judge, shall file a statement with the
79qualifying officer, within 10 days after filing the appointment
80of campaign treasurer and designation of campaign depository,
81stating that the candidate has read and understands the
82requirements of the Florida Code of Judicial Conduct. Such
83statement shall be in substantially the following form:
84
85
Statement of Candidate for Judicial Office
86
87I, ...(name of candidate)..., a judicial candidate, have
88received, read, and understand the requirements of the Florida
89Code of Judicial Conduct.
90...(Signature of candidate)...
91...(Date)...
92     5.  The full and public disclosure of financial interests
93required by s. 8, Art. II of the State Constitution or the
94statement of financial interests required by s. 112.3145,
95whichever is applicable. A public officer who has filed the full
96and public disclosure or statement of financial interests with
97the Commission on Ethics or the supervisor of elections prior to
98qualifying for office may file a copy of that disclosure at the
99time of qualifying.
100     (b)  If the filing officer receives qualifying papers that
101do not include all items as required by paragraph (a) prior to
102the last day of qualifying, the filing officer shall make a
103reasonable effort to notify the candidate of the missing or
104incomplete items and shall inform the candidate that all
105required items must be received by the close of qualifying. A
106candidate's name as it is to appear on the ballot may not be
107changed after the end of qualifying.
108     Section 45.  Subsection (2) of section 105.041, Florida
109Statutes, 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
113ballot shall be determined by the Department of State. The names
114of candidates for election to each nonpartisan office shall be
115determined by lot and listed in such order on the ballot from
116first to last listed in alphabetical order. When two or more
117candidates running for the same office have the same or a
118similar surname, the word "incumbent" shall appear next to the
119incumbent's name.
120     (b)  With respect to retention of justices and judges, the
121question "Shall Justice (or Judge) (name of justice or judge) of
122the (name of the court) be retained in office?" shall appear on
123the ballot in alphabetical order and thereafter the words "Yes"
124and "No."
125
126
127
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T I T L E  A M E N D M E N T
129     Between lines 209 and 210, insert:
130amending s. 105.031, F.S.; requiring judicial candidates to use
131their official bar name when qualifying for office and for
132listing on the ballot; amending s. 105.041, F.S.; specifying how
133the names of judicial candidates shall be listed on the ballot;


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