CS/HB 1355

1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	expanding the list of responsibilities of the Secretary of
4	State when acting in his or her capacity as chief election
5	officer; amending s. 97.021, F.S.; revising the definition
6	of "minor political party"; amending s. 97.025, F.S.;
7	revising methods of publication and distribution of the
8	Florida Election Code pamphlet to candidates qualifying
9	with the Department of State; amending s. 97.0575, F.S.;
10	requiring that third-party voter registration
11	organizations register with the division and provide the
12	division with certain information; requiring that the
13	Division of Elections of the Department of State or a
14	supervisor of elections make voter registration forms
15	available to third-party voter registration organizations;
16	requiring that such forms contain certain information;
17	requiring that the division and supervisors of elections
18	maintain a database of certain information; requiring that
19	such information be provided in electronic format;
20	requiring that such information be updated and made public
21	daily at a specified time; providing that a third-party
22	voter registration organization that collects voter
23	registration applications serves as a fiduciary to the
24	applicant; specifying duties of such an organization;
25	providing penalties for violations of certain provisions
26	of state law; providing circumstances under which a third-
27	party voter registration organization is subject to
28	specified civil penalties; specifying an affirmative
29	defense to certain violations of state law; providing for
30	the referral of violations to the Attorney General;
31	authorizing the Attorney General to initiate a civil
32	action; providing that an action for relief may include a
33	permanent or temporary injunction, a restraining order, or
34	any other appropriate order; requiring that the division
35	adopt rules for specified purposes; deleting certain
36	provisions pertaining to third-party voter registration
37	organizations; amending s. 97.071, F.S.; requiring that
38	voter information cards contain the address of the polling
39	place of the registered voter; requiring a supervisor of
40	elections to issue a new voter information card to a voter
41	upon a change in a voter's address of legal residence or a
42	change in a voter's polling place address; providing
43	instructions for implementation by the supervisors of
44	elections; amending s. 97.073, F.S.; requiring a
45	supervisor to notify an applicant within 5 business days
46	regarding disposition of the voter registration
47	applications; amending s. 97.1031, F.S.; requiring an
48	elector to notify the supervisor of elections when he or
49	she changes his or her residence address; providing a
50	voter with various options for providing address updates;
51	amending s. 98.075, F.S.; requiring a supervisor of
52	elections to remove a registered voter from the statewide
53	voter registration system upon certain notice; providing
54	bases for ineligibility; amending 98.093, F.S.; requiring
55	the Florida Parole Commission and the Department of
56	Corrections to provide specified data for the updating of
57	the statewide voter registration system regarding
58	convicted felons; amending s. 98.0981, F.S.; providing
59	timeframes and formats for voting history information to
60	be sent by the supervisors of elections to the department;
61	providing timeframes and formats for voting history
62	information to be sent by the department to the President
63	of the Senate, the Speaker of the House of
64	Representatives, and the respective minority leaders;
65	providing for the imposition of fines on a supervisor of
66	elections for failure to comply in a timely manner;
67	providing for deposit of fines in the General Revenue
68	Fund; requiring submission of precinct-level information
69	in a certain format by a time certain; providing for
70	imposition of a fine on a supervisor of elections for
71	failure to comply and for depositing of the fine into the
72	General Revenue Fund; amending s. 99.012, F.S.; providing
73	that a person not complying with specific provisions of
74	the section is not qualified as a candidate and his or her
75	name may not appear on ballot; amending s. 99.021, F.S.;
76	revising the candidate oath requirement for a person
77	seeking to qualify for nomination or election or as a
78	candidate of a political party; removing requirement for
79	qualifying officer to give printed copy of candidate oath;
80	removing requirement for taking public employee oath;
81	correcting references for other oaths; amending s. 99.061,
82	F.S.; revising timeframe for candidate to pay qualifying
83	fee under certain circumstances; requiring checks to be
84	payable as prescribed by filing officer; requiring
85	notarized signature on certain oaths; removing requirement
86	for public employee oath; requiring filing of a notarized
87	financial disclosure; clarifying time for qualifying
88	papers to be received; providing that qualifying officer
89	performs ministerial duty only; exempting qualifying
90	officer decision from Administrative Procedures Act;
91	amending s. 99.063, F.S.; removing the requirement that a
92	candidate swear a public employee loyalty oath; amending
93	s. 99.093, F.S.; remitting assessments directly to the
94	Florida Elections Commissions rather than passing through
95	the department; amending s. 99.097, F.S.; clarifying that
96	the supervisor of elections checks more than signatures on
97	petition forms; clarifying rulemaking authority of the
98	department relating to petitions; prohibiting certain
99	random sampling method of petition verification for
100	constitutional amendments petitions; providing for
101	invalidity of undue burden oaths under specified
102	circumstances; providing for certain funds to be used to
103	reimburse a supervisor of elections for signature
104	verification fees not previously paid when an undue burden
105	oath is held invalid; amending s. 100.111, F.S.; providing
106	notification requirements and procedures for filling a
107	vacancy in nomination for certain offices; deleting the
108	definition of the term "district political party executive
109	committee"; providing that a vacancy in nomination is not
110	created if a nominee did not properly qualify or does not
111	meet the necessary qualifications to hold the office
112	sought; amending s. 100.371, F.S.; providing that
113	signatures on an initiative petition are valid for 2 years
114	instead of 4 years; requiring that a petition signer must
115	be a registered elector at time of signing for a
116	supervisor to verify his or her signature as valid;
117	requiring the supervisor of elections to notify petition
118	sponsor of misfiled petition under certain circumstances;
119	deleting certain petition revocation provisions; amending
120	s. 101.001, F.S.; requiring the supervisors of elections
121	to provide the department with a precinct database
122	including specified information; requiring the department
123	to maintain a searchable database containing certain
124	precinct and census block information; requiring
125	supervisors of elections to notify the department of
126	precinct changes within a specified time; deleting a
127	waiver; amending s. 101.043, F.S.; providing that the
128	address appearing on the photo identification used at
129	polls cannot be used to confirm or challenge an elector's
130	legal residence for address verification; amending s.
131	101.045, F.S.; retaining language prohibiting a person
132	from voting in a precinct or district other than the one
133	in which the person is registered and has legal residence;
134	retaining language regarding the elector's voting a
135	provisional ballot if eligibility cannot be determined;
136	retaining language permitting a person temporarily
137	residing out of county with no permanent residence in
138	county to vote through the supervisor of elections' office
139	for all but municipal races; removing language permitting
140	an elector to present an affirmation or application for
141	change of residence or name at the precinct; amending s.
142	101.131, F.S.; revising procedures for the designation of
143	poll watchers; requiring that the Division of Elections
144	prescribe a form for the designation of poll watchers;
145	providing conditions under which poll watchers are
146	authorized to enter polling areas and watch polls;
147	requiring that a supervisor of elections provide
148	identification to poll watchers by a specified period
149	before early voting begins; requiring that poll watchers
150	display such identification while in a polling place;
151	amending s. 101.151, F.S.; providing changes in ballot
152	appearance; reducing length and appearance of ballot and
153	redundancy; expanding use of ballot on demand technology;
154	amending s. 101.5605, F.S.; clarifying that testing of
155	voting equipment be done in accordance with state-adopted
156	voting system standards; amending s. 101.5606, F.S.;
157	removing references to obsolete forms of voting; amending
158	s. 101.5612, F.S.; revising the number or percentage of
159	systems that must be tested; amending s. 101.5614, F.S.;
160	conforming law to current technological practices in
161	canvassing of certain returns; amending s. 101.62, F.S.;
162	extending absentee ballot request for 2 regularly
163	scheduled general elections; providing timeframe for
164	absentee ballots to be sent to voters voting an absentee
165	ballot; clarifying provisions relating to military and
166	overseas voters; requiring the supervisors of elections to
167	update absentee ballot information and make available by a
168	time certain; amending s. 101.65, F.S.; expanding absentee
169	ballot instructions to notify a voter that signatures on
170	ballot and on record must match; informing voter when
171	signature must be updated; amending s. 101.6923, F.S.;
172	expanding special absentee ballot instructions for certain
173	first-time voters to notify voters that signatures on the
174	ballot and on record must match; informing voter when
175	signature must be updated; amending s. 101.75, F.S.;
176	eliminating state mandate for a municipal election to have
177	a 14-day candidate qualifying period when it moves its
178	election to coincide with state or county election; s.
179	102.031, F.S.; prohibiting solicitation of voters who are
180	entering or in line to enter any polling place or early
181	voting site; expanding the definitions of the terms
182	"solicit" and "solicitation"; amending s. 102.168, F.S.;
183	clarifying when canvassing boards are an indispensable
184	party to an election contest; clarifying evidence a
185	circuit court may consider in certain election contests;
186	providing a standard of review; amending s. 103.095, F.S.;
187	establishing the process and requirements for becoming a
188	minor political party; authorizing the division to adopt
189	rules; providing for cancellation of minor political party
190	status under certain circumstances; providing for appeal;
191	providing for retroactive effectiveness; amending s.
192	103.101, F.S.; eliminating the Presidential Candidate
193	Selection Committee for the Presidential Preference
194	Primary Election; providing for lists of candidates to be
195	provided by political parties to the Secretary of State;
196	providing for candidate notification of placement of the
197	ballot; amending s. 103.141, F.S.; deleting language
198	providing for the removal of certain county executive
199	committee members pursuant to a separate provision of law;
200	amending s. 104.29, F.S.; clarifying when it is an offense
201	for an inspector or other election official to deny a
202	person the opportunity to observe whether ballots are
203	being correctly reconciled; amending s. 106.011, F.S.;
204	revising the definitions of "candidate", "contribution,"
205	and "expenditure" to exclude funds received or spent for
206	certain potential candidate polls; clarifying and
207	conforming the definition of "independent expenditure" to
208	the candidate's specific qualifying period; clarifying the
209	qualifying period for the candidate; correcting a cross-
210	reference; creating s. 106.012, F.S.; providing that funds
211	spent or received are not contributions or expenditures if
212	used solely for determining candidate viability; providing
213	examples of permissible activities; providing for
214	retention of records; providing that funds become
215	contributions and expenditures upon the candidacy of a
216	person; requiring reporting of funds regardless of date
217	received or spent; providing examples of ineligible
218	activities for fund use; delineating activities indicating
219	intention to become a candidate; limiting the amount of
220	funds that may be received; amending s. 106.021, F.S.;
221	deleting a requirement that certain information be
222	included in campaign reports for reimbursement; amending
223	s. 106.022, F.S.; requiring a political committee,
224	committee of continuous existence, or electioneering
225	communications organization to file a statement of
226	appointment with the filing officer rather than with the
227	Division of Elections; authorizing an entity to change its
228	appointment of registered agent or registered office by
229	filing a written statement with the filing officer;
230	requiring a registered agent who resigns to execute a
231	written statement of resignation and file it with the
232	filing officer; amending s. 106.023, F.S.; revising the
233	form of the statement of a candidate to require a
234	candidate to acknowledge that he or she has been provided
235	access to and understands the requirements of ch. 106,
236	F.S.; amending s. 106.025, F.S.; revising the information
237	required on tickets for a campaign fundraiser; amending s.
238	106.04, F.S.; requiring a committee of continuous
239	existence that makes a contribution or expenditure in
240	connection with certain county or municipal elections to
241	file specified reports; subjecting a committee of
242	continuous existence that fails to file a report or to
243	timely file a report with the Division of Elections or a
244	county or municipal filing officer to a fine; requiring a
245	committee of continuous existence to include transaction
246	information from credit card purchases in a report filed
247	with the Division of Elections; requiring a committee of
248	continuous existence to report changes in information
249	previously reported to the Division of Elections within 10
250	days after the change; requiring the Division of Elections
251	to revoke the certification of a committee of continuous
252	existence that fails to file or report certain
253	information; requiring the division to adopt rules to
254	prescribe the manner in which the certification is
255	revoked; increasing the amount of a fine to be levied on a
256	committee of continuous existence that fails to timely
257	file certain reports; providing for the deposit of the
258	proceeds of the fines; including the registered agent of a
259	committee of continuous existence as a person whom the
260	filing officer shall notify that a report has not been
261	filed; providing criteria for deeming delivery complete of
262	a notice of fine; requiring a committee of continuous
263	existence that appeals a fine to file a copy of the appeal
264	with the commission; defining the term "repeated late
265	filing"; requiring the Elections Commission to treat the
266	notification of each repeated late filing as a separate
267	violation; amending s. 106.07, F.S.; correcting a cross-
268	reference; revising the dates that certain contribution
269	and expenditure reports must be filed; revising reporting
270	requirements for a statewide candidate who receives
271	funding under the Florida Election Campaign Financing Act
272	and candidates in a race with a candidate who has
273	requested funding under that act; deleting a requirement
274	for a committee of continuous existence to file a campaign
275	treasurer's report relating to contributions or
276	expenditures to influence the results of a special
277	election; revising the methods by which a campaign
278	treasurer may be notified of the determination that a
279	report is incomplete to include certified mail and other
280	methods using a common carrier that provides proof of
281	delivery of the notice; extending the time the campaign
282	treasurer has to file an addendum to the report after
283	receipt of notice of why the report is incomplete;
284	providing criteria for deeming delivery complete of a
285	notice of incomplete report; deleting a provision allowing
286	for notification by telephone of an incomplete report;
287	requiring political committees that make a contribution or
288	expenditure in connection with certain county or municipal
289	elections to file campaign finance reports with the county
290	or municipal filing officer and to include its
291	contributions and expenditures in a report to the Division
292	of Elections; revising the information that must be
293	included in a report to include transaction information
294	for credit card purchases; deleting a requirement that a
295	campaign depository to return checks drawn on the account
296	to the campaign treasurer; deleting a provision providing
297	that the failure to file a copy of a report is not subject
298	to a separate fine; specifying the amount of a fine for
299	the failure to timely file reports after a special primary
300	election or special election; specifying that the
301	registered agent of a political committee is a person whom
302	a filing officer may notify of the amount of the fine for
303	filing a late report; providing criteria for deeming
304	delivery complete of a notice of late report and resulting
305	fine; defining the term "repeated late filing"; requiring
306	the Elections Commission to treat notification of each
307	repeated late filing as a separate violation of the
308	section; the late filings addressed in a single notice of
309	repeated late filings as a single violation; amending s.
310	106.0703, F.S.; correcting a cross-reference; deleting a
311	requirement for an electioneering communications
312	organization to provide certain information to the
313	Department of State on activities occurring since the last
314	general election; defining the term "repeated late
315	filing"; requiring the Elections Commission to
316	notification of each repeated late filing as a separate
317	violation of the section;  amending s. 106.0705, F.S.;
318	requiring certain individuals to electronically file
319	certain reports with the Division of Elections; conforming
320	a cross-reference to changes made by the act; deleting an
321	obsolete provision; amending s. 106.071, F.S.; conforming
322	provisions relating to expenditures in the aggregate;
323	clarifying the independent expenditure disclaimer for paid
324	political advertisement by an individual; amending s.
325	106.08, F.S.; deleting a requirement for the Department of
326	State to notify candidates as to whether an independent or
327	minor party candidate has obtained the required number of
328	petition signatures; deleting a requirement for certain
329	unopposed candidates to return contributions; specifying
330	the entities with which a political party's state
331	executive committee and county executive committees must
332	file a written acceptance of an in-kind contribution;
333	amending s. 106.09, F.S.; specifying that the limitations
334	on contributions by cash or cashier's check apply to the
335	aggregate amount of contributions to a candidate or
336	committee per election; clarifying that a violation of a
337	certain subsection, and not a section, of the law is a
338	misdemeanor of the first degree; amending s. 106.141,
339	F.S.; removing certain limitations on expenditure of
340	surplus funds; requiring candidates receiving public
341	financing to return all surplus funds to the General
342	Revenue Fund after paying certain monetary obligations and
343	expenses; amending s. 106.143, F.S.; revising disclosure
344	requirements for certain political advertisements;
345	specifying disclosure statements that must be included in
346	political advertisements paid for by a write-in candidate;
347	specifying disclosure requirements for political
348	advertisements paid for by in-kind contributions;
349	prohibiting the inclusion of a person's political
350	affiliation in advertisements for a nonpartisan office;
351	clarifying the type of political advertisements that must
352	be approved in advance by a candidate; deleting a
353	duplicative exemption from the requirement to obtain a
354	candidate's approval for messages designed to be worn;
355	amending s. 106.15, F.S.; prohibiting the making,
356	soliciting, or accepting of any political contribution in
357	a government-occupied room or building space; defining
358	"government-occupied room or building space"; providing an
359	exception; amending s. 106.17; authorizing state and
360	county executive committees to conduct political polls to
361	determine viability of potential candidates; allowing
362	sharing of results; providing that such expenditures are
363	not contributions to the potential candidates; amending s.
364	106.18, F.S.; deleting a provision providing that a
365	candidate will not be prevented from receiving a
366	certificate of election for failing to file a report;
367	amending s. 106.19, F.S.; providing that a candidate's
368	failure to comply with ch. 106, F.S., has no effect on
369	whether the candidate has qualified for office; amending
370	s. 106.25, F.S.; allowing a respondent who is alleged by
371	the Elections Commission to have violated the election
372	code or campaign financing laws to elect as a matter of
373	right a formal hearing before the Division of
374	Administrative Hearings; authorizing an administrative law
375	judge to assess civil penalties upon the finding of a
376	violation; amending s. 106.265, F.S.; authorizing an
377	administrative law judge to assess a civil penalty upon a
378	finding of a violation of the election code or campaign
379	financing laws; providing for civil penalties to be
380	assessed against an electioneering communications
381	organization; removing reference to the expired Election
382	Campaign Financing Trust Fund; directing that moneys from
383	penalties and fines be deposited into the General Revenue
384	Fund; amending s. 106.355, F.S.; eliminating the duty of
385	the department to provide funds from the Election Campaign
386	Financing Trust Fund when certain expenditure limits are
387	exceeded; amending s. 11.045, F.S.; excluding funds
388	received or spent under s. 106.012, F.S., from the
389	definition of "expenditure"; amending s. 112.312, F.S.;
390	excluding funds received or spent under s. 106.012, F.S.,
391	from the definition of "gift"; amending s. 876.05, F.S.;
392	deleting the requirement that candidates for public office
393	take a public employee oath; amending ss. 97.055, 100.101,
394	and 101.111, F.S.; to conform to changes made by the act;
395	repealing s. 876.07, F.S., relating to the requirement
396	that a candidate take a public employee oath as a
397	prerequisite to qualifying for public office, to conform;
398	providing effective dates.
399
400	Be It Enacted by the Legislature of the State of Florida:
401
402	Section 1.  Subsection (16) is added to section 97.012,
403	Florida Statutes, to read:
404	97.012  Secretary of State as chief election officer.-The
405	Secretary of State is the chief election officer of the state,
406	and it is his or her responsibility to:
407	(16)  Provide direction and opinions to the supervisors of
408	elections on the performance of their official duties with
409	respect to the Florida Election Code or rules adopted by the
410	Department of State.
411	Section 2.  Subsection (18) of section 97.021, Florida
412	Statutes, is amended to read:
413	97.021  Definitions.-For the purposes of this code, except
414	where the context clearly indicates otherwise, the term:
415	(18)  "Minor political party" is any group as specified in
416	s. 103.095 defined in this subsection which on January 1
417	preceding a primary election does not have registered as members
418	5 percent of the total registered electors of the state. Any
419	group of citizens organized for the general purposes of electing
420	to office qualified persons and determining public issues under
421	the democratic processes of the United States may become a minor
422	political party of this state by filing with the department a
423	certificate showing the name of the organization, the names of
424	its current officers, including the members of its executive
425	committee, and a copy of its constitution or bylaws. It shall be
426	the duty of the minor political party to notify the department
427	of any changes in the filing certificate within 5 days of such
428	changes.
429	Section 3.  Section 97.025, Florida Statutes, is amended to
430	read:
431	97.025  Election Code; copies thereof.-A pamphlet of a
432	reprint of the Election Code, adequately indexed, shall be
433	prepared by the Department of State. The pamphlet shall be made
434	available It shall have a sufficient number of these pamphlets
435	printed so that one may be given, upon request, to each
436	candidate who qualifies with the department. The pamphlet shall
437	be made available A sufficient number may be sent to each
438	supervisor, before prior to the first day of qualifying, so that
439	for distribution, upon request, to each candidate who qualifies
440	with the supervisor and to each clerk of elections has access to
441	the pamphlet. The cost of making printing the pamphlets
442	available shall be paid out of funds appropriated for conducting
443	elections.
444	Section 4.  Section 97.0575, Florida Statutes, is amended
445	to read:
446	97.0575  Third-party voter registrations.-
447	(1)  Before engaging in any voter registration activities,
448	a third-party voter registration organization shall register and
449	provide to the division, in an electronic format, the following
450	information:
451	(a)  The names of the officers of the organization and the
452	name and permanent address of the organization.
453	(b)  The name and address of the organization's registered
454	agent in the state.
455	(c)  The names, permanent addresses, temporary addresses,
456	if any, and dates of birth of each registration agent
457	registering persons to vote in this state on behalf of the
458	organization.
459	(d)  A sworn statement from each registration agent
460	employed by or volunteering for the organization stating that
461	the agent will obey all state laws and rules regarding the
462	registration of voters. Such statement must be on a form
463	containing notice of applicable criminal penalties for false
464	registration.
465	(2)  The division or the supervisor of elections shall make
466	voter registration forms available to third-party voter
467	registration organizations. All such forms must contain
468	information identifying the organization to which the forms are
469	provided. The division and each supervisor of elections shall
470	maintain a database of all third-party registration
471	organizations and the voter registration forms assigned to the
472	third-party registration organizations. Such information must be
473	provided in electronic format as provided by division rule. By
474	noon of each day, such information must also be updated, made
475	publicly available, and, with respect to records in each
476	supervisor's database, contemporaneously provided to the
477	division.
478	(3)(a)  A third-party voter registration organization that
479	collects voter registration applications serves as a fiduciary
480	to the applicant, ensuring that any voter registration
481	application entrusted to the organization, irrespective of party
482	affiliation, race, ethnicity, or gender, shall be promptly
483	delivered to the division or the supervisor of elections within
484	48 hours after the applicant completes it or the next business
485	day if the appropriate office is closed for that 48-hour period.
486	If a voter registration application collected by any third-party
487	voter registration organization is not promptly delivered to the
488	division or supervisor of elections, the third-party voter
489	registration organization is liable for the following fines:
490	1.  A fine in the amount of $50 for each application
491	received by the division or the supervisor of elections more
492	than 10 days after the applicant delivered the completed voter
493	registration application to the third-party voter registration
494	organization or any person, entity, or agent acting on its
495	behalf. A fine in the amount of $250 for each application
496	received if the third-party registration organization or person,
497	entity, or agency acting on its behalf acted willfully.
498	2.  A fine in the amount of $100 for each application
499	collected by a third-party voter registration organization or
500	any person, entity, or agent acting on its behalf, before book
501	closing for any given election for federal or state office and
502	received by the division or the supervisor of elections after
503	the book-closing deadline for such election. A fine in the
504	amount of $500 for each application received if the third-party
505	registration organization or person, entity, or agency acting on
506	its behalf acted willfully.
507	3.  A fine in the amount of $500 for each application
508	collected by a third-party voter registration organization or
509	any person, entity, or agent acting on its behalf, which is not
510	submitted to the division or supervisor of elections. A fine in
511	the amount of $1,000 for any application not submitted if the
512	third-party registration organization or person, entity, or
513	agency acting on its behalf acted willfully.
514
515	The aggregate fine pursuant to this paragraph which may be
516	assessed against a third-party voter registration organization,
517	including affiliate organizations, for violations committed in a
518	calendar year is $1,000. The fines provided in this subsection
519	shall be reduced by three-fourths in cases in which the third-
520	party voter registration organization has complied with
521	subsection (1).
522	(b)  A showing by the organization that the failure to
523	deliver the voter registration application within the required
524	timeframe is based upon force majeure or impossibility of
525	performance shall be an affirmative defense to a violation of
526	this subsection. The secretary may waive the fines described in
527	this subsection upon a showing that the failure to deliver the
528	voter registration application promptly is based upon force
529	majeure or impossibility of performance.
530	(4)  If the Secretary of State reasonably believes that a
531	person has committed a violation of any provision of this
532	section, the secretary shall refer the matter to the Attorney
533	General for enforcement. The Attorney General may institute a
534	civil action for a violation of this section or to prevent a
535	violation of this section. An action for relief may include a
536	permanent or temporary injunction, a restraining order, or any
537	other appropriate order.
538	(1)  Prior to engaging in any voter registration
539	activities, a third-party voter registration organization shall
540	name a registered agent in the state and submit to the division,
541	in a form adopted by the division, the name of the registered
542	agent and the name of those individuals responsible for the day-
543	to-day operation of the third-party voter registration
544	organization, including, if applicable, the names of the
545	entity's board of directors, president, vice president, managing
546	partner, or such other individuals engaged in similar duties or
547	functions. On or before the 15th day after the end of each
548	calendar quarter, each third-party voter registration
549	organization shall submit to the division a report providing the
550	date and location of any organized voter registration drives
551	conducted by the organization in the prior calendar quarter.
552	(2)  The failure to submit the information required by
553	subsection (1) does not subject the third-party voter
554	registration organization to any civil or criminal penalties for
555	such failure, and the failure to submit such information is not
556	a basis for denying such third-party voter registration
557	organization with copies of voter registration application
558	forms.
559	(3)  A third-party voter registration organization that
560	collects voter registration applications serves as a fiduciary
561	to the applicant, ensuring that any voter registration
562	application entrusted to the third-party voter registration
563	organization, irrespective of party affiliation, race,
564	ethnicity, or gender shall be promptly delivered to the division
565	or the supervisor of elections. If a voter registration
566	application collected by any third-party voter registration
567	organization is not promptly delivered to the division or
568	supervisor of elections, the third-party voter registration
569	organization shall be liable for the following fines:
570	(a)  A fine in the amount of $50 for each application
571	received by the division or the supervisor of elections more
572	than 10 days after the applicant delivered the completed voter
573	registration application to the third-party voter registration
574	organization or any person, entity, or agent acting on its
575	behalf. A fine in the amount of $250 for each application
576	received if the third-party registration organization or person,
577	entity, or agency acting on its behalf acted willfully.
578	(b)  A fine in the amount of $100 for each application
579	collected by a third-party voter registration organization or
580	any person, entity, or agent acting on its behalf, prior to book
581	closing for any given election for federal or state office and
582	received by the division or the supervisor of elections after
583	the book closing deadline for such election. A fine in the
584	amount of $500 for each application received if the third-party
585	registration organization or person, entity, or agency acting on
586	its behalf acted willfully.
587	(c)  A fine in the amount of $500 for each application
588	collected by a third-party voter registration organization or
589	any person, entity, or agent acting on its behalf, which is not
590	submitted to the division or supervisor of elections. A fine in
591	the amount of $1,000 for any application not submitted if the
592	third-party registration organization or person, entity, or
593	agency acting on its behalf acted willfully.
594
595	The aggregate fine pursuant to this subsection which may be
596	assessed against a third-party voter registration organization,
597	including affiliate organizations, for violations committed in a
598	calendar year shall be $1,000. The fines provided in this
599	subsection shall be reduced by three-fourths in cases in which
600	the third-party voter registration organization has complied
601	with subsection (1). The secretary shall waive the fines
602	described in this subsection upon a showing that the failure to
603	deliver the voter registration application promptly is based
604	upon force majeure or impossibility of performance.
605	(5)(4)(a)  The division shall adopt by rule a form to
606	elicit specific information concerning the facts and
607	circumstances from a person who claims to have been registered
608	to vote by a third-party voter registration organization but who
609	does not appear as an active voter on the voter registration
610	rolls. The division shall also adopt rules to ensure the
611	integrity of the registration process, including rules requiring
612	that third-party voter registration organizations account for
613	all state and federal registration forms used by their
614	registration agents.
615	(b)  The division may investigate any violation of this
616	section. Civil fines shall be assessed by the division and
617	enforced through any appropriate legal proceedings.
618	(5)  The date on which an applicant signs a voter
619	registration application is presumed to be the date on which the
620	third-party voter registration organization received or
621	collected the voter registration application.
622	(6)  The civil fines provided in this section are in
623	addition to any applicable criminal penalties.
624	(7)  Fines collected pursuant to this section shall be
625	annually appropriated by the Legislature to the department for
626	enforcement of this section and for voter education.
627	(8)  The division may adopt rules to administer this
628	section.
629	Section 5.  Effective September 1, 2011, section 97.071,
630	Florida Statutes, is amended to read:
631	97.071  Voter information card.-
632	(1)  A voter information card shall be furnished by the
633	supervisor to all registered voters residing in the supervisor's
634	county. The card must contain:
635	(a)  Voter's registration number.
636	(b)  Date of registration.
637	(c)  Full name.
638	(d)  Party affiliation.
639	(e)  Date of birth.
640	(f)  Address of legal residence.
641	(g)  Precinct number.
642	(h)  Polling place address.
643	(i)(h)  Name of supervisor and contact information of
644	supervisor.
645	(j)(i)  Other information deemed necessary by the
646	supervisor.
647	(2)  A voter may receive a replacement voter information
648	card by providing a signed, written request for a replacement
649	card to a voter registration official. Upon verification of
650	registration, the supervisor shall issue the voter a duplicate
651	card without charge.
652	(3)  In the case of a change of name, address of legal
653	residence, polling place address, or party affiliation, the
654	supervisor shall issue the voter a new voter information card.
655	(4)  The supervisor must meet the requirements of this
656	section for any elector who registers to vote or who is issued a
657	new voter information card pursuant to subsection (2) or
658	subsection (3) on or after September 1, 2011.
659	Section 6.  Subsection (1) of section 97.073, Florida
660	Statutes, is amended to read:
661	97.073  Disposition of voter registration applications;
662	cancellation notice.-
663	(1)  The supervisor must notify each applicant of the
664	disposition of the applicant's voter registration application
665	within 5 business days after voter registration information is
666	entered into the statewide voter registration system as follows:
667	(a)  If an application is approved, the supervisor shall
668	mail a voter information card. A voter information card sent to
669	an applicant constitutes a notice of registration.
670	(b)  If an application is incomplete for failure to provide
671	any of the information required by s. 97.053(5), the supervisor
672	shall mail a notice requesting the missing information.
673	(c)  If an application is a duplicate of a current
674	registration record, the supervisor shall process the
675	application as if it were an update, including a signature
676	update, to the record and send a new voter information card.
677	(d)  If an application is denied, the supervisor shall
678	mail. The notice must inform the applicant that the application
679	has been approved, is incomplete, has been denied, or is a
680	duplicate of a current registration. A voter information card
681	sent to an applicant constitutes notice of approval of
682	registration. If the application is incomplete, the supervisor
683	must request that the applicant supply the missing information
684	using a voter registration application signed by the applicant.
685	a notice of denial that must inform the applicant of the reason
686	the application was denied.
687	Section 7.  Section 97.1031, Florida Statutes, is amended
688	to read:
689	97.1031  Notice of change of residence, change of name, or
690	change of party affiliation.-
691	(1)(a)  When an elector changes his or her residence
692	address, the elector must notify the supervisor of elections.
693	Except as provided in paragraph (b), an address change must be
694	submitted using a voter registration application.
695	(b)  If the address change is within the state and notice
696	is provided to the supervisor of elections of the county where
697	the elector has moved, the elector may change his or her
698	residence address by:
699	1.  Contacting the supervisor of elections by telephone or
700	electronic means; or
701	2.  Submitting the change on a voter registration
702	application or other signed written notice. moves from the
703	address named on that person's voter registration record to
704	another address within the same county, the elector must provide
705	notification of such move to the supervisor of elections of that
706	county. The elector may provide the supervisor a signed, written
707	notice or may notify the supervisor by telephone or electronic
708	means. However, notification of such move other than by signed,
709	written notice must include the elector's date of birth. An
710	elector may also provide notification to other voter
711	registration officials as provided in subsection (2). A voter
712	information card reflecting the new information shall be issued
713	to the elector as provided in subsection (3).
714	(2)  When an elector moves from the address named on that
715	person's voter registration record to another address in a
716	different county but within the state, the elector seeks to
717	change party affiliation, or the elector changes his or her name
718	of an elector is changed by marriage or other legal process, the
719	elector shall notify his or her supervisor of elections or other
720	provide notice of such change to a voter registration official
721	by using a voter registration application signed by the elector.
722	A voter information card reflecting the new information shall be
723	issued to the elector as provided in subsection (3).
724	(3)  The voter registration official shall make the
725	necessary changes in the elector's records as soon as practical
726	upon receipt of the such notice of a change of address of legal
727	residence, name, or party affiliation. The supervisor of
728	elections shall issue the new voter information card.
729	Section 8.  Subsections (3) and (6) of section 98.075,
730	Florida Statutes, are amended to read:
731	98.075  Registration records maintenance activities;
732	ineligibility determinations.-
733	(3)  DECEASED PERSONS.-
734	(a)1.  The department shall identify those registered
735	voters who are deceased by comparing information on the lists of
736	deceased persons received from either:
737	a.  The Department of Health as provided in s. 98.093; or
738	b.  The United States Social Security Administration,
739	including, but not limited to, any master death file or index
740	that the administration compiles.
741	2.  Within 7 days after Upon receipt of such information
742	through the statewide voter registration system, the supervisor
743	shall remove the name of the registered voter.
744	(b)  The supervisor shall remove the name of a deceased
745	registered voter from the statewide voter registration system
746	upon receipt of a copy of a death certificate issued by a
747	governmental agency authorized to issue death certificates.
748	(6)  OTHER BASES FOR INELIGIBILITY.-If the department or
749	supervisor receives information other than from the sources
750	other than those identified in subsections (2)-(5) that a
751	registered voter is ineligible because he or she is deceased,
752	adjudicated a convicted felon without having had his or her
753	civil rights restored, adjudicated mentally incapacitated
754	without having had his or her voting rights restored, does not
755	meet the age requirement pursuant to s. 97.041, is not a United
756	States citizen, is a fictitious person, or has listed a
757	residence that is not his or her legal residence, the supervisor
758	shall adhere to the procedures set forth in subsection (7) prior
759	to the removal of a registered voter's name from the statewide
760	voter registration system.
761	Section 9.  Subsection (1) and paragraphs (e) and (f) of
762	subsection (2) of section 98.093, Florida Statutes, are amended
763	to read:
764	98.093  Duty of officials to furnish information relating
765	to lists of deceased persons, persons adjudicated mentally
766	incapacitated, and persons convicted of a felony.-
767	(1)  In order to identify ineligible registered voters and
768	to maintain ensure the maintenance of accurate and current voter
769	registration records in the statewide voter registration system
770	pursuant to procedures in s. 98.065 or s. 98.075, it is
771	necessary for the department and supervisors of elections to
772	receive or access certain information from state and federal
773	officials and entities in the format prescribed. The department
774	and supervisors of elections shall use the information provided
775	from the sources in subsection (2) to maintain the voter
776	registration records.
777	(2)  To the maximum extent feasible, state and local
778	government agencies shall facilitate provision of information
779	and access to data to the department, including, but not limited
780	to, databases that contain reliable criminal records and records
781	of deceased persons. State and local government agencies that
782	provide such data shall do so without charge if the direct cost
783	incurred by those agencies is not significant.
784	(e)  The Florida Parole Commission Board of Executive
785	Clemency shall furnish at least bi-monthly monthly to the
786	department data including a list of those persons granted
787	clemency in the preceding month or any updates to prior records
788	which have occurred in the preceding month. The data list shall
789	contain the commission's Board of Executive Clemency case
790	number, name, address, date of birth, race, gender sex, Florida
791	driver's license number, Florida identification card number or
792	the last four digits of the social security number, if
793	available, and references to record identifiers assigned by the
794	Department of Corrections and the Department of Law Enforcement,
795	a unique identifier of each clemency case, and the effective
796	date of clemency of each person.
797	(f)  The Department of Corrections shall make available, in
798	the format prescribed, furnish monthly to the department and its
799	designees real-time electronic access to make an identification
800	match of a convicted felon who is incarcerated or on probation
801	based on the first and last name, date of birth, and the Florida
802	driver's license number, Florida identification card number, or
803	last four digits of the social security number, if available.
804	The program must allow for return data to include, but not be
805	limited to, first and last a list of those persons transferred
806	to the Department of Corrections in the preceding month or any
807	updates to prior records which have occurred in the preceding
808	month. The list shall contain the name, address, date of birth,
809	the Florida driver's license number or last four digits of the
810	race, sex, social security number, the Department of Corrections
811	record identification number, and the status of the convicted
812	felon as to whether incarcerated, on probation with clemency, or
813	on probation without clemency associated Department of Law
814	Enforcement felony conviction record number of each person.
815	Section 10.  Effective July 1, 2012, subsections (1) and
816	(2) of section 98.0981, Florida Statutes, are amended to read:
817	98.0981  Reports; voting history; statewide voter
818	registration system information; precinct-level election
819	results; book closing statistics.-
820	(1)  VOTING HISTORY AND STATEWIDE VOTER REGISTRATION SYSTEM
821	INFORMATION.-
822	(a)  Within 30 45 days after certification by the Elections
823	Canvassing Commission of a presidential preference primary,
824	special election, primary election, or a general election,
825	supervisors of elections shall transmit to the department, in a
826	uniform electronic format specified in paragraph (d) by the
827	department, completely updated voting history information for
828	each qualified voter who voted.
829	(b)  After receipt of the information in paragraph (a), the
830	department shall prepare a report in electronic format which
831	contains the following information, separately compiled for the
832	primary and general election for all voters qualified to vote in
833	either election:
834	1.  The unique identifier assigned to each qualified voter
835	within the statewide voter registration system;
836	2.  All information provided by each qualified voter on his
837	or her voter registration application pursuant to s. 97.052(2),
838	except that which is confidential or exempt from public records
839	requirements;
840	3.  Each qualified voter's date of registration;
841	4.  Each qualified voter's current state representative
842	district, state senatorial district, and congressional district,
843	assigned by the supervisor of elections;
844	5.  Each qualified voter's current precinct; and
845	6.  Voting history as transmitted under paragraph (a) to
846	include whether the qualified voter voted at a precinct
847	location, voted during the early voting period, voted by
848	absentee ballot, attempted to vote by absentee ballot that was
849	not counted, attempted to vote by provisional ballot that was
850	not counted, or did not vote.
851	(c)  Within 15 60 days after certification by the Elections
852	Canvassing Commission of a presidential preference primary,
853	special election, primary election, or a general election, the
854	department shall send to the President of the Senate, the
855	Speaker of the House of Representatives, the Senate Minority
856	Leader, and the House Minority Leader a report in electronic
857	format that includes all information set forth in paragraph (b).
858	(d)  File specifications are as follows:
859	1.  The file shall contain records designated by the
860	categories below for all qualified voters who, regardless of the
861	voter's county of residence or active or inactive registration
862	status at the book closing for the corresponding election that
863	the file is being created for:
864	a.  Voted a regular ballot at a precinct location.
865	b.  Voted at a precinct location using a provisional ballot
866	that was subsequently counted.
867	c.  Voted a regular ballot during the early voting period.
868	d.  Voted during the early voting period using a
869	provisional ballot that was subsequently counted.
870	e.  Voted by absentee ballot.
871	f.  Attempted to vote by absentee ballot but the ballot was
872	not counted.
873	g.  Attempted to vote by provisional ballot but the ballot
874	was not counted in that election.
875	2.  Each file shall be created or converted into a tab-
876	delimited format.
877	3.  File names shall adhere to the following convention:
878	a.  Three-character county identifier as established by the
879	department followed by an underscore.
880	b.  Followed by four-character file type identifier of
881	'VH03' followed by an underscore.
882	c.  Followed by FVRS election ID followed by an underscore.
883	d.  Followed by Date Created followed by an underscore.
884	e.  Date format is YYYYMMDD.
885	f.  Followed by Time Created - HHMMSS.
886	g.  Followed by ".txt".
887	4.  Each record shall contain the following columns: Record
888	Identifier, FVRS Voter ID Number, FVRS Election ID Number, Vote
889	Date, Vote History Code, Precinct, Congressional District, House
890	District, Senate District, County Commission District, and
891	School Board District.
892	(e)  Each supervisor of elections shall reconcile the
893	voting data within 25 days after a presidential preference
894	primary, special election, primary election, or general election
895	to compare the aggregate total of ballots cast in each precinct
896	as reported in the precinct-level election results to the
897	aggregate total number of voters with voter history for the
898	election for each district.
899	(f)  Each supervisor of elections shall submit the results
900	of the data reconciliation as described in paragraph (e) to the
901	department in an electronic format and give a written
902	explanation for any precincts where the reconciliation as
903	described in paragraph (e) results in a discrepancy between the
904	voter history and the election results.
905	(g)  A supervisor of elections shall be required to pay $50
906	per day for each day the required reports are late or not
907	complete. Fines must be paid from a supervisor of elections'
908	personal funds. Fines shall be remitted to the department, which
909	shall transmit the remitted fines for deposit into the General
910	Revenue Fund.
911	(2)(a)  PRECINCT-LEVEL ELECTION RESULTS.-Within 25 45 days
912	after the date of a presidential preference primary election, a
913	special election, primary election, or a general election, the
914	supervisors of elections shall collect and submit to the
915	department precinct-level election results for the election in a
916	uniform electronic format specified by paragraph (c) the
917	department. The precinct-level election results shall be
918	compiled separately for the primary or special primary election
919	that preceded the general or special general election,
920	respectively. The results shall specifically include for each
921	precinct the aggregate total of all ballots cast for each
922	candidate or nominee to fill a national, state, county, or
923	district office or proposed constitutional amendment, with
924	subtotals for each candidate and ballot type. "All ballots cast"
925	means ballots cast by voters who cast a ballot whether at a
926	precinct location, by absentee ballot including overseas
927	absentee ballots, during the early voting period, or by
928	provisional ballot.
929	(b)  The department shall make such information available
930	on a searchable, sortable, and downloadable database via its
931	website that also includes the file layout and codes. The
932	database shall be searchable and sortable by county, precinct,
933	and candidate. The database shall be downloadable in a tab-
934	delimited format. The database shall be available for download
935	county-by-county and also as a statewide file. Such report shall
936	also be made available upon request.
937	(c)  The files containing the precinct-level election
938	results shall be created in accordance with the applicable file
939	specification:
940	1.  The precinct-level results file shall be created or
941	converted into a tab-delimited text file.
942	2.  The row immediately before the first data record shall
943	contain the column names of the data elements that make up the
944	data records. There shall be one header record followed by
945	multiple data records.
946	3.  The data records shall include the following columns:
947	County Name, Election Number, Election Date, Unique Precinct
948	Identifier, Precinct Polling Location, Total Registered Voters,
949	Total Registered Republicans, Total Registered Democrats, Total
950	Registered All Other Parties, Contest Name,
951	Candidate/Retention/Issue Name, Candidate Ethnicity, Division of
952	Elections Unique Candidate Identifying Number, Candidate Party,
953	District, Undervote Total, Overvote Total, Write-in Total, and
954	Vote Total.
955	(d)  A supervisor of elections shall be required to pay $50
956	per day for each day the required reports are late or not
957	complete. Fines must be paid from a supervisor of elections'
958	personal funds. Fines shall be remitted to the department, which
959	shall transmit the remitted fines for deposit into the General
960	Revenue Fund.
961	Section 11.  Subsections (5) and (7) of section 99.012,
962	Florida Statutes, are amended to read:
963	99.012  Restrictions on individuals qualifying for public
964	office.-
965	(5)  Any person not complying with this section may not be
966	qualified as a candidate for election and may not appear on the
967	ballot. The name of any person who does not comply with this
968	section may be removed from every ballot on which it appears
969	when ordered by a circuit court upon the petition of an elector
970	or the Department of State.
971	(7)  Nothing contained in subsection (3) relates to persons
972	holding any federal office or seeking the office of President or
973	Vice President.
974	Section 12.  Paragraphs (a) and (b) of subsection (1) of
975	section 99.021, Florida Statutes, are amended, and subsection
976	(3) is added to that section, to read:
977	99.021  Form of candidate oath.-
978	(1)(a)1.  Each candidate, whether a party candidate, a
979	candidate with no party affiliation, or a write-in candidate, in
980	order to qualify for nomination or election to any office other
981	than a judicial office as defined in chapter 105 or a federal
982	office, shall take and subscribe to an oath or affirmation in
983	writing. A printed copy of the oath or affirmation shall be made
984	available furnished to the candidate by the officer before whom
985	such candidate seeks to qualify and shall be substantially in
986	the following form:
987
988	State of Florida
989	County of....
990	Before me, an officer authorized to administer oaths,
991	personally appeared ...(please print name as you wish it to
992	appear on the ballot)..., to me well known, who, being sworn,
993	says that he or she is a candidate for the office of ....; that
994	he or she is a qualified elector of .... County, Florida; that
995	he or she is qualified under the Constitution and the laws of
996	Florida to hold the office to which he or she desires to be
997	nominated or elected; that he or she has taken the oath required
998	by ss. 876.05-876.10, Florida Statutes; that he or she has
999	qualified for no other public office in the state, the term of
1000	which office or any part thereof runs concurrent with that of
1001	the office he or she seeks; and that he or she has resigned from
1002	any office from which he or she is required to resign pursuant
1003	to s. 99.012, Florida Statutes; and that he or she will support
1004	the Constitution of the United States and the Constitution of
1005	the State of Florida.
1006	...(Signature of candidate)...
1007	...(Address)...
1008	Sworn to and subscribed before me this .... day of ....,
1009	...(year)..., at .... County, Florida.
1010	...(Signature and title of officer administering oath)...
1011	2.  Each candidate for federal office, whether a party
1012	candidate, a candidate with no party affiliation, or a write-in
1013	candidate, in order to qualify for nomination or election to
1014	office shall take and subscribe to an oath or affirmation in
1015	writing. A printed copy of the oath or affirmation shall be made
1016	available furnished to the candidate by the officer before whom
1017	such candidate seeks to qualify and shall be substantially in
1018	the following form:
1019
1020	State of Florida
1021	County of ....
1022	Before me, an officer authorized to administer oaths,
1023	personally appeared ...(please print name as you wish it to
1024	appear on the ballot)..., to me well known, who, being sworn,
1025	says that he or she is a candidate for the office of ....; that
1026	he or she is qualified under the Constitution and laws of the
1027	United States to hold the office to which he or she desires to
1028	be nominated or elected; and that he or she has qualified for no
1029	other public office in the state, the term of which office or
1030	any part thereof runs concurrent with that of the office he or
1031	she seeks; and that he or she will support the Constitution of
1032	the United States.
1033	...(Signature of candidate)...
1034	...(Address)...
1035	Sworn to and subscribed before me this .... day of ....,
1036	...(year)..., at .... County, Florida.
1037	...(Signature and title of officer administering oath)...
1038	(b)  In addition, any person seeking to qualify for
1039	nomination as a candidate of any political party shall, at the
1040	time of subscribing to the oath or affirmation, state in
1041	writing:
1042	1.  The party of which the person is a member.
1043	2.  That the person is not a registered member of any other
1044	political party and has not been a registered member of
1045	candidate for nomination for any other political party in the
1046	calendar year leading up to the general election for a period of
1047	6 months preceding the general election for which the person
1048	seeks to qualify.
1049	3.  That the person has paid the assessment levied against
1050	him or her, if any, as a candidate for said office by the
1051	executive committee of the party of which he or she is a member.
1052	(3)  This section does not apply to persons who seek to
1053	qualify for election pursuant to the provisions of ss. 103.021
1054	and 103.101.
1055	Section 13.  Subsections (5) and (7) of section 99.061,
1056	Florida Statutes, are amended, and subsection (11) is added to
1057	that section, to read:
1058	99.061  Method of qualifying for nomination or election to
1059	federal, state, county, or district office.-
1060	(5)  At the time of qualifying for office, each candidate
1061	for a constitutional office shall file a full and public
1062	disclosure of financial interests pursuant to s. 8, Art. II of
1063	the State Constitution, duly notarized pursuant to s. 117.05,
1064	and a candidate for any other office, including local elective
1065	office, shall file a statement of financial interests pursuant
1066	to s. 112.3145.
1067	(7)(a)  In order for a candidate to be qualified, the
1068	following items must be received by the filing officer by the
1069	end of the qualifying period:
1070	1.  A properly executed check drawn upon the candidate's
1071	campaign account payable to the person or entity as prescribed
1072	by the filing officer in an amount not less than the fee
1073	required by s. 99.092, unless the candidate obtained the
1074	required number of signatures on petitions or, in lieu thereof,
1075	as applicable, the copy of the notice of obtaining ballot
1076	position pursuant to s. 99.095. The filing fee for a special
1077	district candidate is not required to be drawn upon the
1078	candidate's campaign account. If a candidate's check is returned
1079	by the bank for any reason, the filing officer shall immediately
1080	notify the candidate and the candidate shall have until, the end
1081	of qualifying notwithstanding, have 48 hours from the time such
1082	notification is received, excluding Saturdays, Sundays, and
1083	legal holidays, to pay the fee with a cashier's check purchased
1084	from funds of the campaign account. Failure to pay the fee as
1085	provided in this subparagraph shall disqualify the candidate.
1086	2.  The candidate's oath required by s. 99.021, which must
1087	contain the name of the candidate as it is to appear on the
1088	ballot; the office sought, including the district or group
1089	number if applicable; and the signature of the candidate, duly
1090	notarized pursuant to s. 117.05 acknowledged.
1091	3.  The loyalty oath required by s. 876.05, signed by the
1092	candidate and duly acknowledged.
1093	3.4.  If the office sought is partisan, the written
1094	statement of political party affiliation required by s.
1095	99.021(1)(b).
1096	4.5.  The completed form for the appointment of campaign
1097	treasurer and designation of campaign depository, as required by
1098	s. 106.021.
1099	5.6.  The full and public disclosure or statement of
1100	financial interests required by subsection (5). A public officer
1101	who has filed the full and public disclosure or statement of
1102	financial interests with the Commission on Ethics or the
1103	supervisor of elections prior to qualifying for office may file
1104	a copy of that disclosure at the time of qualifying.
1105	(b)  If the filing officer receives qualifying papers
1106	during the qualifying period prescribed in this section that do
1107	not include all items as required by paragraph (a) prior to the
1108	last day of qualifying, the filing officer shall make a
1109	reasonable effort to notify the candidate of the missing or
1110	incomplete items and shall inform the candidate that all
1111	required items must be received by the close of qualifying. A
1112	candidate's name as it is to appear on the ballot may not be
1113	changed after the end of qualifying.
1114	(c)  The filing officer performs a ministerial function in
1115	reviewing qualifying papers. In determining whether a candidate
1116	is qualified, the filing officer shall review the qualifying
1117	papers to determine whether all items required by paragraph (a)
1118	have been properly filed and whether each item is complete on
1119	its face, including whether items requiring notarizations are
1120	properly notarized as required by s. 117.05. The filing officer
1121	may not determine whether the contents of the qualifying papers
1122	are accurate.
1123	(11)  The decision of the filing officer concerning whether
1124	a candidate is qualified is exempt from the provisions of
1125	chapter 120.
1126	Section 14.  Subsection (2) of section 99.063, Florida
1127	Statutes, is amended to read:
1128	99.063  Candidates for Governor and Lieutenant Governor.-
1129	(2)  No later than 5 p.m. of the 9th day following the
1130	primary election, each designated candidate for Lieutenant
1131	Governor shall file with the Department of State:
1132	(a)  The candidate's oath required by s. 99.021, which must
1133	contain the name of the candidate as it is to appear on the
1134	ballot; the office sought; and the signature of the candidate,
1135	duly acknowledged.
1136	(b)  The loyalty oath required by s. 876.05, signed by the
1137	candidate and duly acknowledged.
1138	(b)(c)  If the office sought is partisan, the written
1139	statement of political party affiliation required by s.
1140	99.021(1)(b).
1141	(c)(d)  The full and public disclosure of financial
1142	interests pursuant to s. 8, Art. II of the State Constitution. A
1143	public officer who has filed the full and public disclosure with
1144	the Commission on Ethics prior to qualifying for office may file
1145	a copy of that disclosure at the time of qualifying.
1146	Section 15.  Subsection (1) of section 99.093, Florida
1147	Statutes, is amended to read:
1148	99.093  Municipal candidates; election assessment.-
1149	(1)  Each person seeking to qualify for nomination or
1150	election to a municipal office shall pay, at the time of
1151	qualifying for office, an election assessment. The election
1152	assessment shall be an amount equal to 1 percent of the annual
1153	salary of the office sought. Within 30 days after the close of
1154	qualifying, the qualifying officer shall forward all assessments
1155	collected pursuant to this section to the Florida Elections
1156	Commission Department of State for transfer to the Elections
1157	Commission Trust Fund within the Department of Legal Affairs.
1158	Section 16.  Subsections (1), (3), and (5) of section
1159	99.097, Florida Statutes, are amended, and subsection (6) is
1160	added to that section, to read:
1161	99.097  Verification of signatures on petitions.-
1162	(1)(a)  As determined by each supervisor, based upon local
1163	conditions, the checking of names on petitions may be based on
1164	the most inexpensive and administratively feasible of either of
1165	the following methods of verification:
1166	1.(a)  A name-by-name, signature-by-signature check of each
1167	petition the number of authorized signatures on the petitions;
1168	or
1169	2.(b)  A check of a random sample, as provided by the
1170	Department of State, of names and signatures on the petitions.
1171	The sample must be such that a determination can be made as to
1172	whether or not the required number of signatures has have been
1173	obtained with a reliability of at least 99.5 percent.
1174	(b)  Rules and guidelines for this method of petition
1175	verification shall be adopted promulgated by the Department of
1176	State. Rules and guidelines for a random-sample method of
1177	verification, which may include a requirement that petitions
1178	bear an additional number of names and signatures, not to exceed
1179	15 percent of the names and signatures otherwise required. If
1180	the petitions do not meet such criteria or if the petitions are
1181	prescribed by s. 100.371, then the use of the random-sample
1182	method of verification is method described in this paragraph
1183	shall not be available to supervisors.
1184	(3)(a)  If all other requirements for the petition are met,
1185	a signature on a petition shall be verified and counted as valid
1186	for a registered voter if after comparing the signature on the
1187	petition and the signature of the registered voter in the voter
1188	registration system, the supervisor is able to determine that
1189	the petition signer is the same as the registered voter, even if
1190	the name on the petition is not in substantially the same form
1191	as in the voter registration system. A name on a petition, which
1192	name is not in substantially the same form as a name on the
1193	voter registration books, shall be counted as a valid signature
1194	if, after comparing the signature on the petition with the
1195	signature of the alleged signer as shown on the registration
1196	books, the supervisor determines that the person signing the
1197	petition and the person who registered to vote are one and the
1198	same.
1199	(b)  In any situation in which this code requires the form
1200	of the petition to be prescribed by the division, no signature
1201	shall be counted toward the number of signatures required unless
1202	it is on a petition form prescribed by the division.
1203	(c)(b)  If a voter signs a petition and lists an address
1204	other than the legal residence where the voter is registered,
1205	the supervisor shall treat the signature as if the voter had
1206	listed the address where the voter is registered.
1207	(5)  The results of a verification pursuant to subparagraph
1208	(1)(a)2. paragraph (1)(b) may be contested in the circuit court
1209	by the candidate; an announced opponent; a representative of a
1210	designated political committee; or a person, party, or other
1211	organization submitting the petition. The contestant shall file
1212	a complaint, together with the fees prescribed in chapter 28,
1213	with the clerk of the circuit court in the county in which the
1214	petition is certified or in Leon County if the petition covers
1215	more than one county within 10 days after midnight of the date
1216	the petition is certified; and the complaint shall set forth the
1217	grounds on which the contestant intends to establish his or her
1218	right to require a complete check of the petition names and
1219	signatures pursuant to subparagraph (1)(a)1. paragraph (1)(a).
1220	In the event the court orders a complete check of the petition
1221	and the result is not changed as to the success or lack of
1222	success of the petitioner in obtaining the requisite number of
1223	valid signatures, then such candidate, unless the candidate has
1224	filed the oath stating that he or she is unable to pay such
1225	charges; announced opponent; representative of a designated
1226	political committee; or party, person, or organization
1227	submitting the petition, unless such person or organization has
1228	filed the oath stating inability to pay such charges, shall pay
1229	to the supervisor of elections of each affected county for the
1230	complete check an amount calculated at the rate of 10 cents for
1231	each additional signature checked or the actual cost of checking
1232	such additional signatures, whichever is less.
1233	(6)(a)  If any person is paid to solicit signatures on a
1234	petition, an undue burden oath may not subsequently be filed in
1235	lieu of paying the fee to have signatures verified for that
1236	petition.
1237	(b)  If an undue burden oath has been filed and payment is
1238	subsequently made to any person to solicit signatures on a
1239	petition, then the undue burden oath is no longer valid and a
1240	fee for all signatures previously submitted to the supervisor of
1241	elections and for any that are submitted thereafter shall be
1242	paid by the candidate, person, or organization that submitted
1243	the undue burden oath. If contributions as defined in s. 106.011
1244	are received, any monetary contributions shall first be used to
1245	reimburse the supervisor of elections for any signature
1246	verification fees not paid because of an undue burden oath being
1247	filed.
1248	Section 17.  Section 100.111, Florida Statutes, is amended
1249	to read:
1250	100.111  Filling vacancy.-
1251	(1)(a)  If any vacancy occurs in any office which is
1252	required to be filled pursuant to s. 1(f), Art. IV of the State
1253	Constitution and the remainder of the term of such office is 28
1254	months or longer, then at the next general election a person
1255	shall be elected to fill the unexpired portion of such term,
1256	commencing on the first Tuesday after the first Monday following
1257	such general election.
1258	(b)  If such a vacancy occurs prior to the first day set by
1259	law for qualifying for election to office at such general
1260	election, any person seeking nomination or election to the
1261	unexpired portion of the term shall qualify within the time
1262	prescribed by law for qualifying for other offices to be filled
1263	by election at such general election.
1264	(c)  If such a vacancy occurs prior to the primary election
1265	but on or after the first day set by law for qualifying, the
1266	Secretary of State shall set dates for qualifying for the
1267	unexpired portion of the term of such office. Any person seeking
1268	nomination or election to the unexpired portion of the term
1269	shall qualify within the time set by the Secretary of State. If
1270	time does not permit party nominations to be made in conjunction
1271	with the primary election, the Governor may call a special
1272	primary election to select party nominees for the unexpired
1273	portion of such term.
1274	(2)(a)  If, in any state or county office required to be
1275	filled by election, a vacancy occurs during an election year by
1276	reason of the incumbent having qualified as a candidate for
1277	federal office pursuant to s. 99.061, no special election is
1278	required. Any person seeking nomination or election to the
1279	office so vacated shall qualify within the time prescribed by s.
1280	99.061 for qualifying for state or county offices to be filled
1281	by election.
1282	(b)  If such a vacancy occurs in an election year other
1283	than the one immediately preceding expiration of the present
1284	term, the Secretary of State shall notify the supervisor of
1285	elections in each county served by the office that a vacancy has
1286	been created. Such notice shall be provided to the supervisor of
1287	elections not later than the close of the first day set for
1288	qualifying for state or county office. The supervisor shall
1289	provide public notice of the vacancy in any manner the Secretary
1290	of State deems appropriate.
1291	(2)(3)  Whenever there is a vacancy for which a special
1292	election is required pursuant to s. 100.101, the Governor, after
1293	consultation with the Secretary of State, shall fix the dates of
1294	a special primary election and a special election. Nominees of
1295	political parties shall be chosen under the primary laws of this
1296	state in the special primary election to become candidates in
1297	the special election. Prior to setting the special election
1298	dates, the Governor shall consider any upcoming elections in the
1299	jurisdiction where the special election will be held. The dates
1300	fixed by the Governor shall be specific days certain and shall
1301	not be established by the happening of a condition or stated in
1302	the alternative. The dates fixed shall provide a minimum of 2
1303	weeks between each election. In the event a vacancy occurs in
1304	the office of state senator or member of the House of
1305	Representatives when the Legislature is in regular legislative
1306	session, the minimum times prescribed by this subsection may be
1307	waived upon concurrence of the Governor, the Speaker of the
1308	House of Representatives, and the President of the Senate. If a
1309	vacancy occurs in the office of state senator and no session of
1310	the Legislature is scheduled to be held prior to the next
1311	general election, the Governor may fix the dates for the special
1312	primary election and for the special election to coincide with
1313	the dates of the primary election and general election. If a
1314	vacancy in office occurs in any district in the state Senate or
1315	House of Representatives or in any congressional district, and
1316	no session of the Legislature, or session of Congress if the
1317	vacancy is in a congressional district, is scheduled to be held
1318	during the unexpired portion of the term, the Governor is not
1319	required to call a special election to fill such vacancy.
1320	(a)  The dates for candidates to qualify in such special
1321	election or special primary election shall be fixed by the
1322	Department of State, and candidates shall qualify not later than
1323	noon of the last day so fixed. The dates fixed for qualifying
1324	shall allow a minimum of 14 days between the last day of
1325	qualifying and the special primary election.
1326	(b)  The filing of campaign expense statements by
1327	candidates in such special elections or special primaries and by
1328	committees making contributions or expenditures to influence the
1329	results of such special primaries or special elections shall be
1330	not later than such dates as shall be fixed by the Department of
1331	State, and in fixing such dates the Department of State shall
1332	take into consideration and be governed by the practical time
1333	limitations.
1334	(c)  The dates for a candidate to qualify by the petition
1335	process pursuant to s. 99.095 in such special primary or special
1336	election shall be fixed by the Department of State. In fixing
1337	such dates the Department of State shall take into consideration
1338	and be governed by the practical time limitations. Any candidate
1339	seeking to qualify by the petition process in a special primary
1340	election shall obtain 25 percent of the signatures required by
1341	s. 99.095.
1342	(d)  The qualifying fees and party assessments of such
1343	candidates as may qualify shall be the same as collected for the
1344	same office at the last previous primary for that office. The
1345	party assessment shall be paid to the appropriate executive
1346	committee of the political party to which the candidate belongs.
1347	(e)  Each county canvassing board shall make as speedy a
1348	return of the result of such special primary elections and
1349	special elections as time will permit, and the Elections
1350	Canvassing Commission likewise shall make as speedy a canvass
1351	and declaration of the nominees as time will permit.
1352	(3)(4)(a)  In the event that death, resignation,
1353	withdrawal, removal, or any other cause or event should cause a
1354	party to have a vacancy in nomination which leaves no candidate
1355	for an office from such party, the filing officer before whom
1356	the candidate qualified Department of State shall notify the
1357	chair of the appropriate state, district, or county political
1358	party executive committee of such party; and,
1359	1.  If the vacancy in nomination is for a statewide office,
1360	the state party chair shall, within 5 days, the chair shall call
1361	a meeting of his or her executive board committee to consider
1362	designation of a nominee to fill the vacancy.
1363	2.  If the vacancy in nomination is for a legislative or
1364	multicounty office, the state party chair shall notify the
1365	appropriate county chair or chairs and, within 5 days, the
1366	appropriate county chair or chairs shall call a meeting of the
1367	members of the executive committee in the affected county or
1368	counties to consider designation of a nominee to fill the
1369	vacancy.
1370	3.  If the vacancy in nomination is for a county office,
1371	the state party chair shall notify the appropriate county chair
1372	and, within 5 days, the appropriate county chair shall call a
1373	meeting of his or her executive committee to consider
1374	designation of a nominee to fill the vacancy.
1375
1376	The name of any person so designated shall be submitted to the
1377	filing officer before whom the candidate qualified Department of
1378	State within 7 days after notice to the chair in order that the
1379	person designated may have his or her name on the ballot of the
1380	ensuing general election. If the name of the new nominee is
1381	submitted after the certification of results of the preceding
1382	primary election, however, the ballots shall not be changed and
1383	the former party nominee's name will appear on the ballot. Any
1384	ballots cast for the former party nominee will be counted for
1385	the person designated by the political party to replace the
1386	former party nominee. If there is no opposition to the party
1387	nominee, the person designated by the political party to replace
1388	the former party nominee will be elected to office at the
1389	general election. For purposes of this paragraph, the term
1390	"district political party executive committee" means the members
1391	of the state executive committee of a political party from those
1392	counties comprising the area involving a district office.
1393	(b)  When, under the circumstances set forth in the
1394	preceding paragraph, vacancies in nomination are required to be
1395	filled by committee nominations, such vacancies shall be filled
1396	by party rule. In any instance in which a nominee is selected by
1397	a committee to fill a vacancy in nomination, such nominee shall
1398	pay the same filing fee and take the same oath as the nominee
1399	would have taken had he or she regularly qualified for election
1400	to such office.
1401	(c)  Any person who, at the close of qualifying as
1402	prescribed in ss. 99.061 and 105.031, was qualified for
1403	nomination or election to or retention in a public office to be
1404	filled at the ensuing general election or who attempted to
1405	qualify and failed to qualify is prohibited from qualifying as a
1406	candidate to fill a vacancy in nomination for any other office
1407	to be filled at that general election, even if such person has
1408	withdrawn or been eliminated as a candidate for the original
1409	office sought. However, this paragraph does not apply to a
1410	candidate for the office of Lieutenant Governor who applies to
1411	fill a vacancy in nomination for the office of Governor on the
1412	same ticket or to a person who has withdrawn or been eliminated
1413	as a candidate and who is subsequently designated as a candidate
1414	for Lieutenant Governor under s. 99.063.
1415	(4)  A vacancy in nomination is not created if an order of
1416	a court that has become final determines that a nominee did not
1417	properly qualify or did not meet the necessary qualifications to
1418	hold the office for which he or she sought to qualify.
1419	(5)  In the event of unforeseeable circumstances not
1420	contemplated in these general election laws concerning the
1421	calling and holding of special primary elections and special
1422	elections resulting from court order or other unpredictable
1423	circumstances, the Department of State shall have the authority
1424	to provide for the conduct of orderly elections.
1425	Section 18.  Subsections (1), (3), (6), (7), and (8) of
1426	section 100.371, Florida Statutes, are amended to read:
1427	100.371  Initiatives; procedure for placement on ballot.-
1428	(1)  Constitutional amendments proposed by initiative shall
1429	be placed on the ballot for the general election, provided the
1430	initiative petition has been filed with the Secretary of State
1431	no later than February 1 of the year the general election is
1432	held. A petition shall be deemed to be filed with the Secretary
1433	of State upon the date the secretary determines that valid and
1434	verified petition forms have been signed by the constitutionally
1435	required number and distribution of electors under this code,
1436	subject to the right of revocation established in this section.
1437	(3)  An initiative petition form circulated for signature
1438	may not be bundled with or attached to any other petition. Each
1439	signature shall be dated when made and shall be valid for a
1440	period of 2 4 years following such date, provided all other
1441	requirements of law are met. The sponsor shall submit signed and
1442	dated forms to the appropriate supervisor of elections for
1443	verification as to the number of registered electors whose valid
1444	signatures appear thereon. If the signer is a registered voter
1445	of another county, the supervisor shall notify the petition
1446	sponsor of the misfiled petition. The supervisor shall promptly
1447	verify the signatures within 30 days after of receipt of the
1448	petition forms and payment of the fee required by s. 99.097. The
1449	supervisor shall promptly record, in the manner prescribed by
1450	the Secretary of State, the date each form is received by the
1451	supervisor, and the date the signature on the form is verified
1452	as valid. The supervisor may verify that the signature on a form
1453	is valid only if:
1454	(a)  The form contains the original signature of the
1455	purported elector.
1456	(b)  The purported elector has accurately recorded on the
1457	form the date on which he or she signed the form.
1458	(c)  The form accurately sets forth the purported elector's
1459	name, street address, city, county, and voter registration
1460	number or date of birth.
1461	(d)  The purported elector is, at the time he or she signs
1462	the form and at the time the form is verified, a duly qualified
1463	and registered elector authorized to vote in the state county in
1464	which his or her signature is submitted.
1465
1466	The supervisor shall retain the signature forms for at least 1
1467	year following the election in which the issue appeared on the
1468	ballot or until the Division of Elections notifies the
1469	supervisors of elections that the committee that which
1470	circulated the petition is no longer seeking to obtain ballot
1471	position.
1472	(6)(a)  An elector's signature on a petition form may be
1473	revoked within 150 days of the date on which he or she signed
1474	the petition form by submitting to the appropriate supervisor of
1475	elections a signed petition-revocation form.
1476	(b)  The petition-revocation form and the manner in which
1477	signatures are obtained, submitted, and verified shall be
1478	subject to the same relevant requirements and timeframes as the
1479	corresponding petition form and processes under this code and
1480	shall be approved by the Secretary of State before any signature
1481	on a petition-revocation form is obtained.
1482	(c)  In those circumstances in which a petition-revocation
1483	form for a corresponding initiative petition has not been
1484	submitted and approved, an elector may complete and submit a
1485	standard petition-revocation form directly to the supervisor of
1486	elections. All other requirements and processes apply for the
1487	submission and verification of the signatures as for initiative
1488	petitions.
1489	(d)  Supervisors of elections shall provide petition-
1490	revocation forms to the public at all main and branch offices.
1491	(e)  The petition-revocation form shall be filed with the
1492	supervisor of elections by February 1 preceding the next general
1493	election or, if the initiative amendment is not certified for
1494	ballot position in that election, by February 1 preceding the
1495	next successive general election. The supervisor of elections
1496	shall promptly verify the signature on the petition-revocation
1497	form and process such revocation upon payment, in advance, of a
1498	fee of 10 cents or the actual cost of verifying such signature,
1499	whichever is less. The supervisor shall promptly record each
1500	valid and verified signature on a petition-revocation form in
1501	the manner prescribed by the Secretary of State.
1502	(f)  The division shall adopt by rule the petition-
1503	revocation forms to be used under this subsection.
1504	(6)(7)  The Department of State may adopt rules in
1505	accordance with s. 120.54 to carry out the provisions of
1506	subsections (1)-(5) (1)-(6).
1507	(7)(8)  No provision of this code shall be deemed to
1508	prohibit a private person exercising lawful control over
1509	privately owned property, including property held open to the
1510	public for the purposes of a commercial enterprise, from
1511	excluding from such property persons seeking to engage in
1512	activity supporting or opposing initiative amendments.
1513	Section 19.  Effective July 1, 2012, subsections (3) and
1514	(4) of section 101.001, Florida Statutes, are amended to read:
1515	101.001  Precincts and polling places; boundaries.-
1516	(3)(a)  Each supervisor of elections shall maintain a
1517	suitable map drawn to a scale no smaller than 3 miles to the
1518	inch and clearly delineating all major observable features such
1519	as roads, streams, and railway lines and showing the current
1520	geographical boundaries of each precinct, representative
1521	district, and senatorial district, and other type of district in
1522	the county subject to the elections process in this code.
1523	(b)  The supervisor shall provide to the department a
1524	database of all precincts in the county associated with the most
1525	recent decennial census blocks within each precinct.
1526	(c)  The department shall maintain a searchable database
1527	that contains the precincts and the corresponding most recent
1528	decennial census blocks within the precincts for each county,
1529	including a historical file that allows the census blocks to be
1530	traced through the prior decade.
1531	(d)  The department shall charge the office of the
1532	supervisor of elections of each county the cost of processing
1533	the data received from the county and inserting it into the
1534	searchable database format. The cost of the searchable database
1535	shall be financed proportionally by each county supervisor based
1536	on the number of registered voters in each county on January 1
1537	of each year.
1538	(e)(b)  The supervisor of elections shall notify the
1539	Secretary of State in writing within 10 30 days after any
1540	reorganization of precincts and shall furnish a copy of the map
1541	showing the current geographical boundaries and designation of
1542	each new precinct. However, if precincts are composed of whole
1543	census blocks, the supervisor may furnish, in lieu of a copy of
1544	the map, a list, in an electronic format prescribed by the
1545	Department of State, associating each census block in the county
1546	with its precinct.
1547	(f)(c)  Any precinct established or altered under the
1548	provisions of this section shall consist of areas bounded on all
1549	sides only by census block boundaries from the most recent
1550	United States Census. If the census block boundaries split or
1551	conflict with another political boundary listed below, the
1552	boundary listed below may be used:
1553	1.  Census block boundaries from the most recent United
1554	States Census;
1555	1.2.  Governmental unit boundaries reported in the most
1556	recent Boundary and Annexation Survey published by the United
1557	States Census Bureau;
1558	2.3.  Visible features that are readily distinguishable
1559	upon the ground, such as streets, railroads, tracks, streams,
1560	and lakes, and that are indicated upon current census maps,
1561	official Department of Transportation maps, official municipal
1562	maps, official county maps, or a combination of such maps;
1563	3.4.  Boundaries of public parks, public school grounds, or
1564	churches; or
1565	4.5.  Boundaries of counties, incorporated municipalities,
1566	or other political subdivisions that meet criteria established
1567	by the United States Census Bureau for block boundaries.
1568	(d)  Until July 1, 2012, a supervisor may apply for and
1569	obtain from the Secretary of State a waiver of the requirement
1570	in paragraph (c).
1571	(4)(a)  Within 10 days after there is any change in the
1572	division, number, or boundaries of the precincts, or the
1573	location of the polling places, the supervisor of elections
1574	shall make in writing an accurate description of any new or
1575	altered precincts, setting forth the boundary lines and shall
1576	identify the location of each new or altered polling place. A
1577	copy of the document describing such changes shall be posted at
1578	the supervisor's office.
1579	(b)  Any changes to the county precinct database shall be
1580	provided to the department within 10 days after a change.
1581	(c)  A precinct database shall include all precincts for
1582	which precinct level election results and voting history results
1583	are reported.
1584	Section 20.  Subsection (1) of section 101.043, Florida
1585	Statutes, is amended to read:
1586	101.043  Identification required at polls.-
1587	(1)  The precinct register, as prescribed in s. 98.461,
1588	shall be used at the polls for the purpose of identifying the
1589	elector at the polls prior to allowing him or her to vote. The
1590	clerk or inspector shall require each elector, upon entering the
1591	polling place, to present one of the following current and valid
1592	picture identifications:
1593	(a)  Florida driver's license.
1594	(b)  Florida identification card issued by the Department
1595	of Highway Safety and Motor Vehicles.
1596	(c)  United States passport.
1597	(d)  Debit or credit card.
1598	(e)  Military identification.
1599	(f)  Student identification.
1600	(g)  Retirement center identification.
1601	(h)  Neighborhood association identification.
1602	(i)  Public assistance identification.
1603
1604	If the picture identification does not contain the signature of
1605	the voter, an additional identification that provides the
1606	elector's voter's signature shall be required. The address
1607	appearing on the identification presented by the elector is not
1608	to be used as the basis to confirm an elector's legal residence
1609	or otherwise challenge an elector's legal residence. The elector
1610	shall sign his or her name in the space provided on the precinct
1611	register or on an electronic device provided for recording the
1612	elector's voter's signature. The clerk or inspector shall
1613	compare the signature with that on the identification provided
1614	by the elector and enter his or her initials in the space
1615	provided on the precinct register or on an electronic device
1616	provided for that purpose and allow the elector to vote if the
1617	clerk or inspector is satisfied as to the identity of the
1618	elector.
1619	Section 21.  Section 101.045, Florida Statutes, is amended
1620	to read:
1621	(Substantial rewording of section. See
1622	s. 101.045, F.S., for present text.)
1623	101.045  Electors must be registered in precinct.-
1624	(1)  A person is not permitted to vote in any election
1625	precinct or district other than the one in which the person has
1626	his or her legal residence and in which the person is
1627	registered. However, a person temporarily residing outside the
1628	county shall be registered in the precinct in which the main
1629	office of the supervisor, as designated by the supervisor, is
1630	located when the person has no permanent address in the county
1631	and it is the person's intention to remain a resident of Florida
1632	and of the county in which he or she is registered to vote. Such
1633	persons who are registered in the precinct in which the main
1634	office of the supervisor, as designated by the supervisor, is
1635	located and who are residing outside the county with no
1636	permanent address in the county may not be registered electors
1637	of a municipality and therefore are not permitted to vote in any
1638	municipal election.
1639	(2)  If the elector's eligibility to vote cannot be
1640	determined, he or she is entitled to vote a provisional ballot,
1641	subject to the requirements and procedures in s. 101.048.
1642	Section 22.  Subsection (2) of section 101.131, Florida
1643	Statutes, is amended, and subsections (4) and (5) are added to
1644	that section, to read:
1645	101.131  Watchers at polls.-
1646	(2)  Each party, each political committee, and each
1647	candidate requesting to have poll watchers shall designate, in
1648	writing to the supervisors of elections, on a form prescribed by
1649	the division, before prior to noon of the second Tuesday
1650	preceding the election poll watchers for each polling room on
1651	election day. Designations of poll watchers for early voting
1652	areas shall be submitted in writing to the supervisor of
1653	elections, on a form prescribed by the division, before noon at
1654	least 14 days before early voting begins. The poll watchers for
1655	each polling rooms room shall be approved by the supervisor of
1656	elections on or before the Tuesday before the election. Poll
1657	watchers for early voting areas shall be approved by the
1658	supervisor of elections no later than 7 days before early voting
1659	begins. The supervisor shall furnish to each election board a
1660	list of the poll watchers designated and approved for such
1661	polling rooms room or early voting areas area. Designation of
1662	poll watchers shall be made by the chair of the county executive
1663	committee of a political party, the chair of a political
1664	committee, or the candidate requesting to have poll watchers.
1665	(4)  All poll watchers shall be allowed to enter and watch
1666	polls in all polling rooms and early voting areas within the
1667	county in which they have been designated if the number of poll
1668	watchers at any particular polling place does not exceed the
1669	number provided in this section.
1670	(5)  The supervisor of elections shall provide to each
1671	designated poll watcher, no later than 7 days before early
1672	voting begins, a poll watcher identification badge that
1673	identifies the poll watcher by name. Each poll watcher shall
1674	wear his or her identification badge while in the polling room
1675	or early voting area.
1676	Section 23.  Subsections (1), (2), and (3) of section
1677	101.151, Florida Statutes, are amended to read:
1678	101.151  Specifications for ballots.-
1679	(1)(a)  Marksense ballots shall be printed on paper of such
1680	thickness that the printing cannot be distinguished from the
1681	back and shall meet the specifications of the voting system that
1682	will be used to tabulate the ballots.
1683	(b)  Early voting sites may employ a ballot-on-demand
1684	production system to print individual marksense ballots,
1685	including provisional ballots, for eligible electors pursuant to
1686	s. 101.657. Ballot-on-demand technology may be used to produce
1687	marksense absentee and election day ballots. Not later than 30
1688	days before an election, the Secretary of State may also
1689	authorize in writing the use of ballot-on-demand technology for
1690	the production of election-day ballots.
1691	(2)(a)  The ballot shall have the following office titles
1692	headings under which shall appear the names of the offices and
1693	the names of the candidates for the respective offices in the
1694	following order:
1695	1.  The office titles of heading "President and Vice
1696	President of the United States" and thereunder the names of the
1697	candidates for President and Vice President of the United States
1698	nominated by the political party that received the highest vote
1699	for Governor in the last general election of the Governor in
1700	this state. Then shall appear the names of other candidates for
1701	President and Vice President of the United States who have been
1702	properly nominated.
1703	2.  The office titles Then shall follow the heading
1704	"Congressional" and thereunder the offices of United States
1705	Senator and Representative in Congress.;
1706	3.  The office titles then the heading "State" and
1707	thereunder the offices of Governor and Lieutenant Governor;,
1708	Attorney General;, Chief Financial Officer;, Commissioner of
1709	Agriculture;, State Attorney, with the applicable judicial
1710	circuit printed beneath the office; and Public Defender, with
1711	the applicable judicial circuit printed beneath the office.
1712	4.  together with the names of the candidates for each
1713	office and the title of the office which they seek; then the
1714	heading "Legislative" and thereunder The office titles offices
1715	of State Senator and State Representative with the applicable
1716	district for the office printed beneath.; then the heading
1717	"County" and thereunder
1718	5.  The office titles of County Clerk of the Circuit Court,
1719	or Clerk of the Circuit Court and Comptroller (whichever is
1720	applicable and when authorized by law), Clerk of the County
1721	Court (when authorized by law), County Sheriff, County Property
1722	Appraiser, County Tax Collector, District Superintendent of
1723	Schools, and County Supervisor of Elections.
1724	6.  The office titles Thereafter follows: members of the
1725	Board of County Commissioners with the applicable district
1726	printed beneath each office, and such other county and district
1727	offices as are involved in the election, in the order fixed by
1728	the Department of State, followed, in the year of their
1729	election, by "Party Offices," and thereunder the offices of
1730	state and county party executive committee members.
1731	(b)  In a general election, in addition to the names
1732	printed on the ballot, a blank space shall be provided under
1733	each heading for an office for which a write-in candidate has
1734	qualified. With respect to write-in candidates, if two or more
1735	candidates are seeking election to one office, only one blank
1736	space shall be provided.
1737	(c)(b)  When more than one candidate is nominated for
1738	office, the candidates for such office shall qualify and run in
1739	a group or district, and the group or district number shall be
1740	printed beneath the name of the office. Each nominee of a
1741	political party chosen in a primary shall appear on the general
1742	election ballot in the same numbered group or district as on the
1743	primary election ballot.
1744	(d)(c)  If in any election all the offices as set forth in
1745	paragraph (a) are not involved, those offices not to be filled
1746	shall be omitted and the remaining offices shall be arranged on
1747	the ballot in the order named.
1748	(3)(a)  The names of the candidates of the party that
1749	received the highest number of votes for Governor in the last
1750	election in which a Governor was elected shall be placed first
1751	under the heading for each office on the general election
1752	ballot, together with an appropriate abbreviation of the party
1753	name; the names of the candidates of the party that received the
1754	second highest vote for Governor shall be placed second under
1755	the heading for each office, together with an appropriate
1756	abbreviation of the party name.
1757	(b)  Minor political party candidates and candidates with
1758	no party affiliation shall have their names appear on the
1759	general election ballot following the names of recognized
1760	political parties, in the same order as they were qualified,
1761	followed by the names of candidates with no party affiliation,
1762	in the order as they were qualified certified.
1763	Section 24.  Paragraph (a) of subsection (2) of section
1764	101.5605, Florida Statutes, is amended to read:
1765	101.5605  Examination and approval of equipment.-
1766	(2)(a)  Any person owning or interested in an electronic or
1767	electromechanical voting system may submit it to the Department
1768	of State for examination. The vote counting segment shall be
1769	certified after a satisfactory evaluation testing has been
1770	performed according to s. 101.015(1) electronic industry
1771	standards. This testing shall include, but is not limited to,
1772	testing of all software required for the voting system's
1773	operation; the ballot reader; the rote processor, especially in
1774	its logic and memory components; the digital printer; the fail-
1775	safe operations; the counting center environmental requirements;
1776	and the equipment reliability estimate. For the purpose of
1777	assisting in examining the system, the department shall employ
1778	or contract for services of at least one individual who is
1779	expert in one or more fields of data processing, mechanical
1780	engineering, and public administration and shall require from
1781	the individual a written report of his or her examination.
1782	Section 25.  Subsection (11) of section 101.5606, Florida
1783	Statutes, is amended to read:
1784	101.5606  Requirements for approval of systems.-No
1785	electronic or electromechanical voting system shall be approved
1786	by the Department of State unless it is so constructed that:
1787	(11)  It is capable of automatically producing precinct
1788	totals in printed, marked, or punched form, or a combination
1789	thereof.
1790	Section 26.  Paragraph (a) of subsection (4) of section
1791	101.5612, Florida Statutes, is amended to read:
1792	101.5612  Testing of tabulating equipment.-
1793	(4)(a)1.  For electronic or electromechanical voting
1794	systems configured to include electronic or electromechanical
1795	tabulation devices which are distributed to the precincts, all
1796	or a sample of the devices to be used in the election shall be
1797	publicly tested. If a sample is to be tested, the sample shall
1798	consist of a random selection of at least 5 percent or 10 of the
1799	devices for an optical scan system or 2 percent of the devices
1800	for a touchscreen system or 10 of the devices for either system,
1801	as applicable, whichever is greater. For touchscreen systems
1802	used for voters with disabilities, a sample of at least 2
1803	percent of the devices must be tested. The test shall be
1804	conducted by processing a group of ballots, causing the device
1805	to output results for the ballots processed, and comparing the
1806	output of results to the results expected for the ballots
1807	processed. The group of ballots shall be produced so as to
1808	record a predetermined number of valid votes for each candidate
1809	and on each measure and to include for each office one or more
1810	ballots which have activated voting positions in excess of the
1811	number allowed by law in order to test the ability of the
1812	tabulating device to reject such votes.
1813	2.  If any tested tabulating device is found to have an
1814	error in tabulation, it shall be deemed unsatisfactory. For each
1815	device deemed unsatisfactory, the canvassing board shall take
1816	steps to determine the cause of the error, shall attempt to
1817	identify and test other devices that could reasonably be
1818	expected to have the same error, and shall test a number of
1819	additional devices sufficient to determine that all devices are
1820	satisfactory. Upon deeming any device unsatisfactory, the
1821	canvassing board may require all devices to be tested or may
1822	declare that all devices are unsatisfactory.
1823	3.  If the operation or output of any tested tabulation
1824	device, such as spelling or the order of candidates on a report,
1825	is in error, such problem shall be reported to the canvassing
1826	board. The canvassing board shall then determine if the reported
1827	problem warrants its deeming the device unsatisfactory.
1828	Section 27.  Subsection (4) of section 101.5614, Florida
1829	Statutes, is amended to read:
1830	101.5614  Canvass of returns.-
1831	(4)  If ballot cards are used, and separate write-in
1832	ballots or envelopes for casting write-in votes are used, write-
1833	in ballots or the envelopes on which write-in ballots have been
1834	cast shall be serially numbered, starting with the number one,
1835	and the same number shall be placed on the ballot card of the
1836	voter. This process may be completed at either the precinct by
1837	the election board or at the central counting location. For each
1838	ballot or ballot image and ballot envelope on which write-in
1839	votes have been cast, the canvassing board shall compare the
1840	write-in votes with the votes cast on the ballot card.; If the
1841	total number of votes for any office exceeds the number allowed
1842	by law, a notation to that effect, specifying the office
1843	involved, shall be entered on the back of the ballot card or in
1844	a margin if voting areas are printed on both sides of the ballot
1845	card. such votes shall not be counted. All valid votes shall be
1846	tallied by the canvassing board.
1847	Section 28.  Paragraphs (a) and (b) of subsection (1) and
1848	subsections (3) and (4) of section 101.62, Florida Statutes, are
1849	amended to read:
1850	101.62  Request for absentee ballots.-
1851	(1)(a)  The supervisor shall accept a request for an
1852	absentee ballot from an elector in person or in writing. One
1853	request shall be deemed sufficient to receive an absentee ballot
1854	for all elections through the next two regularly scheduled
1855	general elections election, unless the elector or the elector's
1856	designee indicates at the time the request is made the elections
1857	for which the elector desires to receive an absentee ballot.
1858	Such request may be considered canceled when any first-class
1859	mail sent by the supervisor to the elector is returned as
1860	undeliverable.
1861	(b)  The supervisor may accept a written or telephonic
1862	request for an absentee ballot from the elector, or, if directly
1863	instructed by the elector, a member of the elector's immediate
1864	family, or the elector's legal guardian. For purposes of this
1865	section, the term "immediate family" has the same meaning as
1866	specified in paragraph (4)(c)(b). The person making the request
1867	must disclose:
1868	1.  The name of the elector for whom the ballot is
1869	requested.
1870	2.  The elector's address.
1871	3.  The elector's date of birth.
1872	4.  The requester's name.
1873	5.  The requester's address.
1874	6.  The requester's driver's license number, if available.
1875	7.  The requester's relationship to the elector.
1876	8.  The requester's signature (written requests only).
1877	(3)  For each request for an absentee ballot received, the
1878	supervisor shall record the date the request was made, the date
1879	the absentee ballot was delivered to the voter or the voter's
1880	designee or the date the absentee ballot was delivered to the
1881	post office or other carrier, the date the ballot was received
1882	by the supervisor, and such other information he or she may deem
1883	necessary. This information shall be provided in electronic
1884	format as provided by rule adopted by the division. The
1885	information shall be updated and made available no later than 8
1886	a.m. noon of each day, including weekends, beginning 60 days
1887	before the primary until 15 days after the general election and
1888	shall be contemporaneously provided to the division. This
1889	information shall be confidential and exempt from the provisions
1890	of s. 119.07(1) and shall be made available to or reproduced
1891	only for the voter requesting the ballot, a canvassing board, an
1892	election official, a political party or official thereof, a
1893	candidate who has filed qualification papers and is opposed in
1894	an upcoming election, and registered political committees or
1895	registered committees of continuous existence, for political
1896	purposes only.
1897	(4)(a)  No later than 45 days before each presidential
1898	preference primary election, special election, primary election,
1899	and general election, the supervisor of elections shall send an
1900	absentee ballot as provided in subparagraph (c)2. (b)2. to each
1901	absent uniformed services voter and to each overseas voter who
1902	has requested an absentee ballot.
1903	(b)  The supervisor shall begin mailing absentee ballots
1904	between the 35th and 30th day before the presidential preference
1905	primary election, special election, primary election, and
1906	general election to each absent qualified voter, other than
1907	those listed in paragraph (a), who has requested such a ballot.
1908	Except as otherwise provided in subsection (2) and after the
1909	period described in this paragraph, the supervisor shall mail
1910	absentee ballots within 48 hours after receiving a request for
1911	such a ballot.
1912	(c)(b)  The supervisor shall provide an absentee ballot to
1913	each elector by whom a request for that ballot has been made by
1914	one of the following means:
1915	1.  By nonforwardable, return-if-undeliverable mail to the
1916	elector's current mailing address on file with the supervisor,
1917	unless the elector specifies in the request that:
1918	a.  The elector is absent from the county and does not plan
1919	to return before the day of the election;
1920	b.  The elector is temporarily unable to occupy the
1921	residence because of hurricane, tornado, flood, fire, or other
1922	emergency or natural disaster; or
1923	c.  The elector is in a hospital, assisted living facility,
1924	nursing home, short-term medical or rehabilitation facility, or
1925	correctional facility,
1926
1927	in which case the supervisor shall mail the ballot by
1928	nonforwardable, return-if-undeliverable mail to any other
1929	address the elector specifies in the request.
1930	2.  By forwardable mail, e-mail, or facsimile machine
1931	transmission to absent uniformed services voters and overseas
1932	voters. The absent uniformed services voter or overseas voter
1933	may designate in the absentee ballot request the preferred
1934	method of transmission. If the voter does not designate the
1935	method of transmission, the absentee ballot shall be mailed.
1936	3.  By personal delivery before 7 p.m. on election day to
1937	the elector, upon presentation of the identification required in
1938	s. 101.043.
1939	4.  By delivery to a designee on election day or up to 5
1940	days prior to the day of an election. Any elector may designate
1941	in writing a person to pick up the ballot for the elector;
1942	however, the person designated may not pick up more than two
1943	absentee ballots per election, other than the designee's own
1944	ballot, except that additional ballots may be picked up for
1945	members of the designee's immediate family. For purposes of this
1946	section, "immediate family" means the designee's spouse or the
1947	parent, child, grandparent, or sibling of the designee or of the
1948	designee's spouse. The designee shall provide to the supervisor
1949	the written authorization by the elector and a picture
1950	identification of the designee and must complete an affidavit.
1951	The designee shall state in the affidavit that the designee is
1952	authorized by the elector to pick up that ballot and shall
1953	indicate if the elector is a member of the designee's immediate
1954	family and, if so, the relationship. The department shall
1955	prescribe the form of the affidavit. If the supervisor is
1956	satisfied that the designee is authorized to pick up the ballot
1957	and that the signature of the elector on the written
1958	authorization matches the signature of the elector on file, the
1959	supervisor shall give the ballot to that designee for delivery
1960	to the elector.
1961	Section 29.  Section 101.65, Florida Statutes, is amended
1962	to read:
1963	101.65  Instructions to absent electors.-The supervisor
1964	shall enclose with each absentee ballot separate printed
1965	instructions in substantially the following form:
1966
1967	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1968	1.  VERY IMPORTANT. In order to ensure that your absentee
1969	ballot will be counted, it should be completed and returned as
1970	soon as possible so that it can reach the supervisor of
1971	elections of the county in which your precinct is located no
1972	later than 7 p.m. on the day of the election.
1973	2.  Mark your ballot in secret as instructed on the ballot.
1974	You must mark your own ballot unless you are unable to do so
1975	because of blindness, disability, or inability to read or write.
1976	3.  Mark only the number of candidates or issue choices for
1977	a race as indicated on the ballot. If you are allowed to "Vote
1978	for One" candidate and you vote for more than one candidate,
1979	your vote in that race will not be counted.
1980	4.  Place your marked ballot in the enclosed secrecy
1981	envelope.
1982	5.  Insert the secrecy envelope into the enclosed mailing
1983	envelope which is addressed to the supervisor.
1984	6.  Seal the mailing envelope and completely fill out the
1985	Voter's Certificate on the back of the mailing envelope.
1986	7.  VERY IMPORTANT. In order for your absentee ballot to be
1987	counted, you must sign your name on the line above (Voter's
1988	Signature). An absentee ballot will be considered illegal and
1989	will not be counted if the signature on the voter's certificate
1990	does not match the signature on record. The signature on file at
1991	the start of the canvass of the absentee ballots is the
1992	signature that will be used to verify your signature on the
1993	voter's certificate. If you need to update your signature for
1994	this election, send your signature update on a voter
1995	registration application to your supervisor of elections so that
1996	it is received no later than the start of the canvassing of
1997	absentee ballots, which occurs no earlier than the Wednesday
1998	before election day.
1999	8.  VERY IMPORTANT. If you are an overseas voter, you must
2000	include the date you signed the Voter's Certificate on the line
2001	above (Date) or your ballot may not be counted.
2002	9.  Mail, deliver, or have delivered the completed mailing
2003	envelope. Be sure there is sufficient postage if mailed.
2004	10.  FELONY NOTICE. It is a felony under Florida law to
2005	accept any gift, payment, or gratuity in exchange for your vote
2006	for a candidate. It is also a felony under Florida law to vote
2007	in an election using a false identity or false address, or under
2008	any other circumstances making your ballot false or fraudulent.
2009	Section 30.  Subsection (2) of section 101.6923, Florida
2010	Statutes, is amended to read:
2011	101.6923  Special absentee ballot instructions for certain
2012	first-time voters.-
2013	(2)  A voter covered by this section shall be provided with
2014	printed instructions with his or her absentee ballot in
2015	substantially the following form:
2016
2017	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR BALLOT.
2018	FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT
2019	TO COUNT.
2020
2021	1.  In order to ensure that your absentee ballot will be
2022	counted, it should be completed and returned as soon as possible
2023	so that it can reach the supervisor of elections of the county
2024	in which your precinct is located no later than 7 p.m. on the
2025	date of the election.
2026	2.  Mark your ballot in secret as instructed on the ballot.
2027	You must mark your own ballot unless you are unable to do so
2028	because of blindness, disability, or inability to read or write.
2029	3.  Mark only the number of candidates or issue choices for
2030	a race as indicated on the ballot. If you are allowed to "Vote
2031	for One" candidate and you vote for more than one, your vote in
2032	that race will not be counted.
2033	4.  Place your marked ballot in the enclosed secrecy
2034	envelope and seal the envelope.
2035	5.  Insert the secrecy envelope into the enclosed envelope
2036	bearing the Voter's Certificate. Seal the envelope and
2037	completely fill out the Voter's Certificate on the back of the
2038	envelope.
2039	a.  You must sign your name on the line above (Voter's
2040	Signature).
2041	b.  If you are an overseas voter, you must include the date
2042	you signed the Voter's Certificate on the line above (Date) or
2043	your ballot may not be counted.
2044	c.  An absentee ballot will be considered illegal and will
2045	not be counted if the signature on the voter's certificate does
2046	not match the signature on record. The signature on file at the
2047	start of the canvass of the absentee ballots is the signature
2048	that will be used to verify your signature on the voter's
2049	certificate. If you need to update your signature for this
2050	election, send your signature update on a voter registration
2051	application to your supervisor of elections so that it is
2052	received no later than the start of canvassing of absentee
2053	ballots, which occurs no earlier than the Wednesday before
2054	election day.
2055	6.  Unless you meet one of the exemptions in Item 7., you
2056	must make a copy of one of the following forms of
2057	identification:
2058	a.  Identification which must include your name and
2059	photograph: United States passport; debit or credit card;
2060	military identification; student identification; retirement
2061	center identification; neighborhood association identification;
2062	or public assistance identification; or
2063	b.  Identification which shows your name and current
2064	residence address: current utility bill, bank statement,
2065	government check, paycheck, or government document (excluding
2066	voter identification card).
2067	7.  The identification requirements of Item 6. do not apply
2068	if you meet one of the following requirements:
2069	a.  You are 65 years of age or older.
2070	b.  You have a temporary or permanent physical disability.
2071	c.  You are a member of a uniformed service on active duty
2072	who, by reason of such active duty, will be absent from the
2073	county on election day.
2074	d.  You are a member of the Merchant Marine who, by reason
2075	of service in the Merchant Marine, will be absent from the
2076	county on election day.
2077	e.  You are the spouse or dependent of a member referred to
2078	in paragraph c. or paragraph d. who, by reason of the active
2079	duty or service of the member, will be absent from the county on
2080	election day.
2081	f.  You are currently residing outside the United States.
2082	8.  Place the envelope bearing the Voter's Certificate into
2083	the mailing envelope addressed to the supervisor. Insert a copy
2084	of your identification in the mailing envelope. DO NOT PUT YOUR
2085	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
2086	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
2087	BALLOT WILL NOT COUNT.
2088	9.  Mail, deliver, or have delivered the completed mailing
2089	envelope. Be sure there is sufficient postage if mailed.
2090	10.  FELONY NOTICE. It is a felony under Florida law to
2091	accept any gift, payment, or gratuity in exchange for your vote
2092	for a candidate. It is also a felony under Florida law to vote
2093	in an election using a false identity or false address, or under
2094	any other circumstances making your ballot false or fraudulent.
2095	Section 31.  Subsection (3) of section 101.75, Florida
2096	Statutes, is amended to read:
2097	101.75  Municipal elections; change of dates for cause.-
2098	(3)  Notwithstanding any provision of local law or
2099	municipal charter, the governing body of a municipality may, by
2100	ordinance, move the date of any municipal election to a date
2101	concurrent with any statewide or countywide election. The dates
2102	for qualifying for the election moved by the passage of such
2103	ordinance shall be specifically provided for in the ordinance
2104	and shall run for no less than 14 days. The term of office for
2105	any elected municipal official shall commence as provided by the
2106	relevant municipal charter or ordinance.
2107	Section 32.  Subsection (4) of section 102.031, Florida
2108	Statutes, is amended to read:
2109	102.031  Maintenance of good order at polls; authorities;
2110	persons allowed in polling rooms and early voting areas;
2111	unlawful solicitation of voters.-
2112	(4)(a)  A No person, political committee, committee of
2113	continuous existence, or other group or organization may not
2114	solicit voters inside the polling place or within 100 feet of:
2115	1.  The entrance to any polling place;, or
2116	2.  The entrance to any polling room, where the polling
2117	place is also a polling room;, or
2118	3.  The entrance to any early voting site; or
2119	4.  The line in which voters are standing to enter any
2120	polling place or early voting site.
2121
2122	Before the opening of the polling place or early voting site,
2123	the clerk or supervisor shall designate the no-solicitation zone
2124	and mark the boundaries.
2125	(b)  For the purpose of this subsection, whether in person
2126	or by means of audio or visual equipment, the terms "solicit" or
2127	"solicitation" shall include, but not be limited to, seeking or
2128	attempting to seek any vote, fact, opinion, or contribution;
2129	distributing or attempting to distribute any political or
2130	campaign material, leaflet, or handout; conducting a poll except
2131	as specified in this paragraph; seeking or attempting to seek a
2132	signature on any petition; offering voting or legal advice
2133	regarding voting or ballots; and selling or attempting to sell
2134	any item. The terms "solicit" or "solicitation" shall not be
2135	construed to prohibit exit polling.
2136	(c)  Each supervisor of elections shall inform the clerk of
2137	the area within which soliciting is unlawful, based on the
2138	particular characteristics of that polling place. The supervisor
2139	or the clerk may take any reasonable action necessary to ensure
2140	order at the polling places, including, but not limited to,
2141	having disruptive and unruly persons removed by law enforcement
2142	officers from the polling room or place or from the 100-foot
2143	zone surrounding the polling place.
2144	Section 33.  Subsection (4) of section 102.168, Florida
2145	Statutes, is amended, and subsection (8) is added to that
2146	section, to read:
2147	102.168  Contest of election.-
2148	(4)  The county canvassing board responsible for canvassing
2149	the election is an indispensable and proper party defendant in
2150	county and local elections.; The Elections Canvassing Commission
2151	is an indispensable and proper party defendant in federal,
2152	state, and multicounty elections and in elections for justice of
2153	the Supreme Court, judge of a district court of appeal, and
2154	judge of a circuit court. races; and The successful candidate is
2155	an indispensable party to any action brought to contest the
2156	election or nomination of a candidate.
2157	(8)  In any contest that requires a review of a canvassing
2158	board's decision that an absentee ballot is illegal under s.
2159	101.68 because the signature of the elector on the voter's
2160	certificate is not the signature of the elector in the
2161	registration records, the circuit court may not look at or
2162	consider any evidence beyond the elector's signature on the
2163	voter's certificate and in the registration records. The court's
2164	review of the issue shall be to determine only if the canvassing
2165	board abused its discretion in making its decision.
2166	Section 34.  Section 103.095, Florida Statutes, is created
2167	to read:
2168	103.095  Minor political parties.-
2169	(1)  Any group of citizens organized for the general
2170	purposes of electing to office qualified persons and determining
2171	public issues under the democratic processes of the United
2172	States may become a minor political party of this state by
2173	filing with the department a certificate showing the name of the
2174	organization, the names and addresses of its current officers,
2175	including the members of its executive committee, accompanied by
2176	a completed uniform statewide voter registration application as
2177	specified in s. 97.052 for each of its current officers and
2178	members of its executive committee that reflect their
2179	affiliation with the proposed minor political party, and a copy
2180	of its constitution, bylaws, and rules and regulations.
2181	(2)  The members of the executive committee shall include a
2182	chair, vice chair, secretary, and treasurer, all of whom shall
2183	be members of the minor political party and no member may hold
2184	more than one office, except that one person may hold the
2185	offices of secretary and treasurer.
2186	(3)  Upon approval of the minor political party's filing,
2187	the department shall process the voter registration applications
2188	submitted by the minor political party's officers and members of
2189	its executive committee. It shall be the duty of the minor
2190	political party to notify the department of any changes in the
2191	filing certificate within 5 days after such changes.
2192	(4)  The Division of Elections shall adopt rules to
2193	prescribe the manner in which the Department of State may cancel
2194	the filings of political parties, including minor political
2195	parties. Such rules shall, at a minimum, provide for:
2196	(a)  Notice containing the facts and conduct that warrant
2197	the intended action, including, but not limited to, the failure
2198	to notify the department of replacement officers, the failure to
2199	file campaign finance reports, and limited activity.
2200	(b)  Adequate opportunity to respond.
2201	(c)  Appeal of the decision to the Florida Elections
2202	Commission. Such appeals are exempt from the confidentiality
2203	provisions of s. 106.25.
2204	(5)  The requirements of this section are retroactive for
2205	any minor political party registered with the department on July
2206	1, 2011, and must be complied with within 180 days after the
2207	department provides notice to the minor political party of the
2208	requirements contained in this section. Failure of the minor
2209	political party to comply with the requirements within 180 days
2210	after receipt of the notice shall automatically result in the
2211	cancellation of the minor political party's registration.
2212	Section 35.  Subsections (1) and (2) of section 103.101,
2213	Florida Statutes, are amended to read:
2214	103.101  Presidential preference primary.-
2215	(1)  Each political party other than a minor political
2216	party shall, on the last Tuesday in January in each year the
2217	number of which is a multiple of 4, elect one person to be the
2218	candidate for nomination of such party for President of the
2219	United States or select delegates to the national nominating
2220	convention, as provided by party rule.
2221	(2)(a)  There shall be a Presidential Candidate Selection
2222	Committee composed of the Secretary of State, who shall be a
2223	nonvoting chair; the Speaker of the House of Representatives;
2224	the President of the Senate; the minority leader of each house
2225	of the Legislature; and the chair of each political party
2226	required to have a presidential preference primary under this
2227	section.
2228	(b)  By October 31 of the year preceding the presidential
2229	preference primary, each political party shall submit to the
2230	Secretary of State a list of its presidential candidates to be
2231	placed on the presidential preference primary ballot or
2232	candidates entitled to have delegates appear on the presidential
2233	preference primary ballot. The Secretary of State shall prepare
2234	and publish a list of the names of the presidential candidates
2235	submitted not later than on the first Tuesday after the first
2236	Monday in November of the year preceding the presidential
2237	preference primary. The Secretary of State shall submit such
2238	list of names of presidential candidates to the selection
2239	committee on the first Tuesday after the first Monday in
2240	November of the year preceding the presidential preference
2241	primary. Each person designated as a presidential candidate
2242	shall have his or her name appear, or have his or her delegates'
2243	names appear, on the presidential preference primary ballot
2244	unless all committee members of the same political party as the
2245	candidate agree to delete such candidate's name from the ballot.
2246	(c)  The selection committee shall meet in Tallahassee on
2247	the first Tuesday after the first Monday in November of the year
2248	preceding the presidential preference primary. The selection
2249	committee shall publicly announce and submit to the Department
2250	of State no later than 5 p.m. on the following day the names of
2251	presidential candidates who shall have their names appear, or
2252	who are entitled to have their delegates' names appear, on the
2253	presidential preference primary ballot. The Department of State
2254	shall immediately notify each presidential candidate listed
2255	designated by the Secretary of State committee. Such
2256	notification shall be in writing, by registered mail, with
2257	return receipt requested.
2258	Section 36.  Section 103.141, Florida Statutes, is amended
2259	to read:
2260	103.141  Removal of county executive committee member for
2261	violation of oath.-
2262	(1)  If Where the county executive committee by at least a
2263	two-thirds majority vote of the members of the committee,
2264	attending a meeting held after due notice has been given and at
2265	which meeting a quorum is present, determines an incumbent
2266	county executive committee member is to be guilty of an offense
2267	involving a violation of the member's oath of office, the said
2268	member so violating his or her oath shall be removed from office
2269	and the office shall be deemed vacant. Provided, However, if the
2270	county committee wrongfully removes a county committee member
2271	and the committee member so wrongfully removed files suit in the
2272	circuit court alleging his or her removal was wrongful and wins
2273	the said suit, the committee member shall be restored to office
2274	and the county committee shall pay the costs incurred by the
2275	wrongfully removed committee member in bringing the suit,
2276	including reasonable attorney's fees.
2277	(2)  Any officer, county committeeman, county
2278	committeewoman, precinct committeeman, precinct committeewoman,
2279	or member of a county executive committee may be removed from
2280	office pursuant to s. 103.161.
2281	Section 37.  Section 104.29, Florida Statutes, is amended
2282	to read:
2283	104.29  Inspectors refusing to allow watchers while ballots
2284	are counted.-The inspectors or other election officials at the
2285	polling place shall, after the polls close at all times while
2286	the ballots are being counted, allow as many as three persons
2287	near to them to see whether the ballots are being correctly
2288	reconciled. read and called and the votes correctly tallied, and
2289	Any official who denies this privilege or interferes therewith
2290	commits is guilty of a misdemeanor of the first degree,
2291	punishable as provided in s. 775.082 or s. 775.083.
2292	Section 38.  Subsection (3), paragraph (a) of subsection
2293	(4), paragraph (b) of subsection (5), subsection (15), and
2294	paragraph (c) of subsection (16) of section 106.011, Florida
2295	Statutes, are amended to read:
2296	106.011  Definitions.-As used in this chapter, the
2297	following terms have the following meanings unless the context
2298	clearly indicates otherwise:
2299	(3)  "Contribution" means:
2300	(a)  A gift, subscription, conveyance, deposit, loan,
2301	payment, or distribution of money or anything of value,
2302	including contributions in kind having an attributable monetary
2303	value in any form, made for the purpose of influencing the
2304	results of an election or making an electioneering
2305	communication.
2306	(b)  A transfer of funds between political committees,
2307	between committees of continuous existence, between
2308	electioneering communications organizations, or between any
2309	combination of these groups.
2310	(c)  The payment, by any person other than a candidate or
2311	political committee, of compensation for the personal services
2312	of another person which are rendered to a candidate or political
2313	committee without charge to the candidate or committee for such
2314	services.
2315	(d)  The transfer of funds by a campaign treasurer or
2316	deputy campaign treasurer between a primary depository and a
2317	separate interest-bearing account or certificate of deposit, and
2318	the term includes any interest earned on such account or
2319	certificate.
2320
2321	Notwithstanding the foregoing meanings of "contribution," the
2322	word shall not be construed to include services, including, but
2323	not limited to, legal and accounting services, provided without
2324	compensation by individuals volunteering a portion or all of
2325	their time on behalf of a candidate or political committee,
2326	funds received under s. 106.012, or. This definition shall not
2327	be construed to include editorial endorsements.
2328	(4)(a)  "Expenditure" means a purchase, payment,
2329	distribution, loan, advance, transfer of funds by a campaign
2330	treasurer or deputy campaign treasurer between a primary
2331	depository and a separate interest-bearing account or
2332	certificate of deposit, or gift of money or anything of value
2333	made for the purpose of influencing the results of an election
2334	or making an electioneering communication. However,
2335	"expenditure" does not include funds spent under s. 106.012 or a
2336	purchase, payment, distribution, loan, advance, or gift of money
2337	or anything of value made for the purpose of influencing the
2338	results of an election when made by an organization, in
2339	existence prior to the time during which a candidate qualifies
2340	or an issue is placed on the ballot for that election, for the
2341	purpose of printing or distributing such organization's
2342	newsletter, containing a statement by such organization in
2343	support of or opposition to a candidate or issue, which
2344	newsletter is distributed only to members of such organization.
2345	(5)
2346	(b)  An expenditure for the purpose of expressly advocating
2347	the election or defeat of a candidate which is made by the
2348	national, state, or county executive committee of a political
2349	party, including any subordinate committee of a national, state,
2350	or county committee of a political party, or by any political
2351	committee or committee of continuous existence, or any other
2352	person, shall not be considered an independent expenditure if
2353	the committee or person:
2354	1.  Communicates with the candidate, the candidate's
2355	campaign, or an agent of the candidate acting on behalf of the
2356	candidate, including any pollster, media consultant, advertising
2357	agency, vendor, advisor, or staff member, concerning the
2358	preparation of, use of, or payment for, the specific expenditure
2359	or advertising campaign at issue; or
2360	2.  Makes a payment in cooperation, consultation, or
2361	concert with, at the request or suggestion of, or pursuant to
2362	any general or particular understanding with the candidate, the
2363	candidate's campaign, a political committee supporting the
2364	candidate, or an agent of the candidate relating to the specific
2365	expenditure or advertising campaign at issue; or
2366	3.  Makes a payment for the dissemination, distribution, or
2367	republication, in whole or in part, of any broadcast or any
2368	written, graphic, or other form of campaign material prepared by
2369	the candidate, the candidate's campaign, or an agent of the
2370	candidate, including any pollster, media consultant, advertising
2371	agency, vendor, advisor, or staff member; or
2372	4.  Makes a payment based on information about the
2373	candidate's plans, projects, or needs communicated to a member
2374	of the committee or person by the candidate or an agent of the
2375	candidate, provided the committee or person uses the information
2376	in any way, in whole or in part, either directly or indirectly,
2377	to design, prepare, or pay for the specific expenditure or
2378	advertising campaign at issue; or
2379	5.  After the last day of the qualifying period prescribed
2380	for the candidate for statewide or legislative office, consults
2381	about the candidate's plans, projects, or needs in connection
2382	with the candidate's pursuit of election to office and the
2383	information is used in any way to plan, create, design, or
2384	prepare an independent expenditure or advertising campaign,
2385	with:
2386	a.  Any officer, director, employee, or agent of a
2387	national, state, or county executive committee of a political
2388	party that has made or intends to make expenditures in
2389	connection with or contributions to the candidate; or
2390	b.  Any person whose professional services have been
2391	retained by a national, state, or county executive committee of
2392	a political party that has made or intends to make expenditures
2393	in connection with or contributions to the candidate; or
2394	6.  After the last day of the qualifying period prescribed
2395	for the candidate for statewide or legislative office, retains
2396	the professional services of any person also providing those
2397	services to the candidate in connection with the candidate's
2398	pursuit of election to office; or
2399	7.  Arranges, coordinates, or directs the expenditure, in
2400	any way, with the candidate or an agent of the candidate.
2401	(15)  "Unopposed candidate" means a candidate for
2402	nomination or election to an office who, after the last day on
2403	which any person, including a write-in candidate, may qualify,
2404	is without opposition in the election at which the office is to
2405	be filled or who is without such opposition after such date as a
2406	result of any primary election or of withdrawal by other
2407	candidates seeking the same office. A candidate is not an
2408	unopposed candidate if there is a vacancy to be filled under s.
2409	100.111(3) s. 100.111(4), if there is a legal proceeding pending
2410	regarding the right to a ballot position for the office sought
2411	by the candidate, or if the candidate is seeking retention as a
2412	justice or judge.
2413	(16)  "Candidate" means any person to whom any one or more
2414	of the following apply:
2415	(c)  Any person who receives contributions or makes
2416	expenditures, or consents for any other person to receive
2417	contributions or make expenditures, with a view to bring about
2418	his or her nomination or election to, or retention in, public
2419	office. Expenditures related to potential candidate polls as
2420	provided in s. 106.17 are not contributions or expenditures for
2421	purposes of this subsection.
2422
2423	However, this definition does not include any candidate for a
2424	political party executive committee.
2425	Section 39.  Section 106.012, Florida Statutes, is created
2426	to read:
2427	106.012  Testing the waters.-
2428	(1)  Funds received and spent solely for the purpose of
2429	determining whether an individual should become a candidate are
2430	not contributions and expenditures. Examples of activities
2431	permissible under this exemption include, but are not limited
2432	to, conducting a poll, telephone calls, and travel. Only funds
2433	permissible under this chapter may be used for such activities.
2434	The individual shall retain records of all such funds received
2435	and spent. If the individual subsequently becomes a candidate,
2436	the funds received are contributions and the funds spent are
2437	expenditures subject to the reporting requirements of this
2438	chapter. The contributions and expenditures must be reported
2439	with the initial report required by s. 106.07, regardless of the
2440	date the funds were received or spent.
2441	(2)  The exemption provided in subsection (1) does not
2442	apply to funds received or spent for activities indicating that
2443	an individual has decided to become a candidate for a particular
2444	office or for activities relevant to conducting a campaign.
2445	Examples of activities that indicate that an individual has
2446	decided to become a candidate include, but are not limited to:
2447	(a)  The individual uses general political advertising to
2448	publicize his or her intent to campaign for office.
2449	(b)  The individual raises funds in excess of what could
2450	reasonably be expected to be used for exploratory activities or
2451	undertakes activities designed to amass campaign funds that
2452	would be spent after he or she becomes a candidate.
2453	(c)  The individual makes or authorizes written or oral
2454	statements that refer to him or her as a candidate for office.
2455	(d)  The individual conducts activities in close proximity
2456	to the election or over a protracted period of time.
2457	(e)  The individual takes action to qualify for office
2458	under s. 99.061.
2459	(3)  Individuals are limited to receiving up to $10,000 for
2460	determining whether to become a candidate for office under this
2461	section. An individual may only determine whether to become a
2462	candidate for a single office.
2463	Section 40.  Subsection (3) of section 106.021, Florida
2464	Statutes, is amended to read:
2465	106.021  Campaign treasurers; deputies; primary and
2466	secondary depositories.-
2467	(3)  No contribution or expenditure, including
2468	contributions or expenditures of a candidate or of the
2469	candidate's family, shall be directly or indirectly made or
2470	received in furtherance of the candidacy of any person for
2471	nomination or election to political office in the state or on
2472	behalf of any political committee except through the duly
2473	appointed campaign treasurer of the candidate or political
2474	committee, subject to the following exceptions:
2475	(a)  Independent expenditures;
2476	(b)  Reimbursements to a candidate or any other individual
2477	for expenses incurred in connection with the campaign or
2478	activities of the political committee by a check drawn upon the
2479	campaign account and reported pursuant to s. 106.07(4). After
2480	July 1, 2004, The full name and address of each person to whom
2481	the candidate or other individual made payment for which
2482	reimbursement was made by check drawn upon the campaign account
2483	shall be reported pursuant to s. 106.07(4), together with the
2484	purpose of such payment;
2485	(c)  Expenditures made indirectly through a treasurer for
2486	goods or services, such as communications media placement or
2487	procurement services, campaign signs, insurance, or other
2488	expenditures that include multiple integral components as part
2489	of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
2490	or
2491	(d)  Expenditures made directly by any political committee
2492	or political party regulated by chapter 103 for obtaining time,
2493	space, or services in or by any communications medium for the
2494	purpose of jointly endorsing three or more candidates, and any
2495	such expenditure shall not be considered a contribution or
2496	expenditure to or on behalf of any such candidates for the
2497	purposes of this chapter.
2498	Section 41.  Section 106.022, Florida Statutes, is amended
2499	to read:
2500	106.022  Appointment of a registered agent; duties.-
2501	(1)  Each political committee, committee of continuous
2502	existence, or electioneering communications organization shall
2503	have and continuously maintain in this state a registered office
2504	and a registered agent and must file with the filing officer
2505	division a statement of appointment for the registered office
2506	and registered agent. The statement of appointment must:
2507	(a)  Provide the name of the registered agent and the
2508	street address and phone number for the registered office;
2509	(b)  Identify the entity for whom the registered agent
2510	serves;
2511	(c)  Designate the address the registered agent wishes to
2512	use to receive mail;
2513	(d)  Include the entity's undertaking to inform the filing
2514	officer division of any change in such designated address;
2515	(e)  Provide for the registered agent's acceptance of the
2516	appointment, which must confirm that the registered agent is
2517	familiar with and accepts the obligations of the position as set
2518	forth in this section; and
2519	(f)  Contain the signature of the registered agent and the
2520	entity engaging the registered agent.
2521	(2)  An entity may change its appointment of registered
2522	agent and registered office under this section by executing a
2523	written statement of change and filing it with the filing
2524	officer. The statement must satisfy that identifies the former
2525	registered agent and registered address and also satisfies all
2526	of the requirements of subsection (1).
2527	(3)  A registered agent may resign his or her appointment
2528	as registered agent by executing a written statement of
2529	resignation and filing it with the filing officer division. An
2530	entity without a registered agent may not make expenditures or
2531	accept contributions until it files a written statement of
2532	change as required in subsection (2).
2533	Section 42.  Subsection (1) of section 106.023, Florida
2534	Statutes, is amended to read:
2535	106.023  Statement of candidate.-
2536	(1)  Each candidate must file a statement with the
2537	qualifying officer within 10 days after filing the appointment
2538	of campaign treasurer and designation of campaign depository,
2539	stating that the candidate has read and understands the
2540	requirements of this chapter. Such statement shall be provided
2541	by the filing officer and shall be in substantially the
2542	following form:
2543	STATEMENT OF CANDIDATE
2544	I, ...., candidate for the office of ...., have been
2545	provided access to received, read, and understand the
2546	requirements of Chapter 106, Florida Statutes.
2547	...(Signature of candidate)...     ...(Date)...
2548	Willful failure to file this form is a violation of ss.
2549	106.19(1)(c) and 106.25(3), F.S.
2550	Section 43.  Paragraph (c) of subsection (1) of section
2551	106.025, Florida Statutes, is amended to read:
2552	106.025  Campaign fund raisers.-
2553	(1)
2554	(c)  Any tickets or advertising for such a campaign fund
2555	raiser shall contain the following statement: "The purchase of a
2556	ticket for, or a contribution to, the campaign fund raiser is a
2557	contribution to the campaign of ...(name of the candidate for
2558	whose benefit the campaign fund raiser is held)...." However,
2559	this paragraph does not apply to any campaign message or
2560	political advertisement that satisfies the requirements of s.
2561	106.143(9). Such tickets or advertising shall also comply with
2562	other provisions of this chapter relating to political
2563	advertising.
2564	Section 44.  Subsection (4) of section 106.04, Florida
2565	Statutes, is amended, present subsections (7) and (8) are
2566	amended and renumbered as subsections (8) and (9), respectively,
2567	and a new subsection (7) is added to that section, to read:
2568	106.04  Committees of continuous existence.-
2569	(4)(a)  Each committee of continuous existence shall file
2570	an annual report with the Division of Elections during the month
2571	of January. Such annual reports shall contain the same
2572	information and shall be accompanied by the same materials as
2573	original applications filed pursuant to subsection (2). However,
2574	the charter or bylaws need not be filed if the annual report is
2575	accompanied by a sworn statement by the chair that no changes
2576	have been made to such charter or bylaws since the last filing.
2577	(b)1.  Each committee of continuous existence shall file
2578	regular reports with the Division of Elections at the same times
2579	and subject to the same filing conditions as are established by
2580	s. 106.07(1) and (2) for candidates' reports.
2581	2.  A committee of continuous existence that makes a
2582	contribution or an expenditure in connection with a county or
2583	municipal election that is not being held at the same time as a
2584	state or federal election must file campaign finance reports
2585	with the county or municipal filing officer on the same dates as
2586	county or municipal candidates or committees for that election.
2587	The committee of continuous existence must also include the
2588	contribution or expenditure in the next report filed with the
2589	Division of Elections pursuant to this section after the county
2590	or municipal election.
2591	3.2.  Any committee of continuous existence failing to so
2592	file a report with the Division of Elections or applicable
2593	filing officer pursuant to this paragraph on the designated due
2594	date shall be subject to a fine for late filing as provided by
2595	this section.
2596	(c)  All committees of continuous existence shall file
2597	their reports with the Division of Elections. Reports shall be
2598	filed in accordance with s. 106.0705 and shall contain the
2599	following information:
2600	1.  The full name, address, and occupation of each person
2601	who has made one or more contributions, including contributions
2602	that represent the payment of membership dues, to the committee
2603	during the reporting period, together with the amounts and dates
2604	of such contributions. For corporations, the report must provide
2605	as clear a description as practicable of the principal type of
2606	business conducted by the corporation. However, if the
2607	contribution is $100 or less, the occupation of the contributor
2608	or principal type of business need not be listed. However, for
2609	any contributions that represent the payment of dues by members
2610	in a fixed amount aggregating no more than $250 per calendar
2611	year, pursuant to the schedule on file with the Division of
2612	Elections, only the aggregate amount of such contributions need
2613	be listed, together with the number of members paying such dues
2614	and the amount of the membership dues.
2615	2.  The name and address of each political committee or
2616	committee of continuous existence from which the reporting
2617	committee received, or the name and address of each political
2618	committee, committee of continuous existence, or political party
2619	to which it made, any transfer of funds, together with the
2620	amounts and dates of all transfers.
2621	3.  Any other receipt of funds not listed pursuant to
2622	subparagraph 1. or subparagraph 2., including the sources and
2623	amounts of all such funds.
2624	4.  The name and address of, and office sought by, each
2625	candidate to whom the committee has made a contribution during
2626	the reporting period, together with the amount and date of each
2627	contribution.
2628	5.  The full name and address of each person to whom
2629	expenditures have been made by or on behalf of the committee
2630	within the reporting period; the amount, date, and purpose of
2631	each such expenditure; and the name and address, and office
2632	sought by, each candidate on whose behalf such expenditure was
2633	made.
2634	6.  The full name and address of each person to whom an
2635	expenditure for personal services, salary, or reimbursement for
2636	authorized expenses has been made, including the full name and
2637	address of each entity to whom the person made payment for which
2638	reimbursement was made by check drawn upon the committee
2639	account, together with the amount and purpose of such payment.
2640	7.  Transaction information from each credit card purchase
2641	statement that will be included in the next report following
2642	receipt thereof by the committee. Receipts for each credit card
2643	purchase shall be retained by the treasurer with the records for
2644	the committee account.
2645	8.  The total sum of expenditures made by the committee
2646	during the reporting period.
2647	(d)  The treasurer of each committee shall certify as to
2648	the correctness of each report and shall bear the responsibility
2649	for its accuracy and veracity. Any treasurer who willfully
2650	certifies to the correctness of a report while knowing that such
2651	report is incorrect, false, or incomplete commits a misdemeanor
2652	of the first degree, punishable as provided in s. 775.082 or s.
2653	775.083.
2654	(7)  Any change in information previously submitted to the
2655	division shall be reported within 10 days after the change.
2656	(8)(7)  If a committee of continuous existence ceases to
2657	meet the criteria prescribed by subsection (1) or fails to file
2658	a report or information required pursuant to this chapter, the
2659	Division of Elections shall revoke its certification until such
2660	time as the criteria are again met. The Division of Elections
2661	shall adopt promulgate rules to prescribe the manner in which
2662	the such certification of a committee of continuous existence
2663	shall be revoked. Such rules shall, at a minimum, provide for:
2664	(a)  Notice, which must shall contain the facts and conduct
2665	that warrant the intended action.
2666	(b)  Adequate opportunity to respond.
2667	(c)  Appeal of the decision to the Florida Elections
2668	Commission. Such appeals are shall be exempt from the
2669	confidentiality provisions of s. 106.25.
2670	(9)(8)(a)  Any committee of continuous existence failing to
2671	file a report on the designated due date is shall be subject to
2672	a fine. The fine shall be $50 per day for the first 3 days late
2673	and, thereafter, $500 per day for each late day, not to exceed
2674	25 percent of the total receipts or expenditures, whichever is
2675	greater, for the period covered by the late report. However, for
2676	the reports immediately before each primary and general
2677	election, including a special primary election and a special
2678	general election, the fine shall be $500 per day for each late
2679	day, not to exceed 25 percent of the total receipts or
2680	expenditures, whichever is greater, for the period covered by
2681	the late report. The fine shall be assessed by the filing
2682	officer, and the moneys collected shall be deposited into:
2683	1.  In The General Revenue Fund, in the case of fines
2684	collected by the Division of Elections.
2685	2.  The general revenue fund of the political subdivision,
2686	in the case of fines collected by a county or municipal filing
2687	officer. No separate fine shall be assessed for failure to file
2688	a copy of any report required by this section.
2689	(b)  Upon determining that a report is late, the filing
2690	officer shall immediately notify the treasurer of the committee
2691	or the committee's registered agent as to the failure to file a
2692	report by the designated due date and that a fine is being
2693	assessed for each late day. Upon receipt of the report, the
2694	filing officer shall determine the amount of fine which is due
2695	and shall notify the treasurer of the committee. Notice is
2696	deemed complete upon proof of delivery of written notice to the
2697	mailing or street address on record with the filing officer. The
2698	filing officer shall determine the amount of the fine due based
2699	upon the earliest of the following:
2700	1.  When the report is actually received by such officer.
2701	2.  When the report is postmarked.
2702	3.  When the certificate of mailing is dated.
2703	4.  When the receipt from an established courier company is
2704	dated.
2705
2706	Such fine shall be paid to the filing officer within 20 days
2707	after receipt of the notice of payment due, unless appeal is
2708	made to the Florida Elections Commission pursuant to paragraph
2709	(c). An officer or member of a committee is shall not be
2710	personally liable for such fine.
2711	(c)  Any treasurer of a committee may appeal or dispute the
2712	fine, based upon unusual circumstances surrounding the failure
2713	to file on the designated due date, and may request and is shall
2714	be entitled to a hearing before the Florida Elections
2715	Commission, which may shall have the authority to waive the fine
2716	in whole or in part. Any such request must shall be made within
2717	20 days after receipt of the notice of payment due. In such
2718	case, the treasurer of The committee shall file a copy of the
2719	appeal with, within the 20-day period, notify the filing officer
2720	in writing of his or her intention to bring the matter before
2721	the commission.
2722	(d)  The filing officer shall notify the Florida Elections
2723	Commission of the repeated late filing by a committee of
2724	continuous existence, the failure of a committee of continuous
2725	existence to file a report after notice, or the failure to pay
2726	the fine imposed. As used in this section, the term "repeated
2727	late filing" means at least three late filings occurring within
2728	any 2-year period. The commission shall treat notification of
2729	each repeated late filing as a separate violation of this
2730	section.
2731	Section 45.  Section 106.07, Florida Statutes, is amended
2732	to read:
2733	106.07  Reports; certification and filing.-
2734	(1)  Each campaign treasurer designated by a candidate or
2735	political committee pursuant to s. 106.021 shall file regular
2736	reports of all contributions received, and all expenditures
2737	made, by or on behalf of such candidate or political committee.
2738	Except for the third calendar quarter immediately before a
2739	general election, reports shall be filed on the 10th day
2740	following the end of each calendar quarter from the time the
2741	campaign treasurer is appointed, except that, if the 10th day
2742	following the end of a calendar quarter occurs on a Saturday,
2743	Sunday, or legal holiday, the report shall be filed on the next
2744	following day which is not a Saturday, Sunday, or legal holiday.
2745	Quarterly reports shall include all contributions received and
2746	expenditures made during the calendar quarter which have not
2747	otherwise been reported pursuant to this section.
2748	(a)  Except as provided in paragraph (b), following the
2749	last day of qualifying for office, the reports shall also be
2750	filed on the 32nd, 18th, and 4th days immediately preceding the
2751	primary and on the 46th, 32nd, 18th, and 4th days immediately
2752	preceding the election, for a candidate who is opposed in
2753	seeking nomination or election to any office, for a political
2754	committee, or for a committee of continuous existence.
2755	(b)  Following the last day of qualifying for office, Any
2756	statewide candidate who has requested to receive contributions
2757	pursuant to from the Florida Election Campaign Financing Act
2758	Trust Fund or any statewide candidate in a race with a candidate
2759	who has requested to receive contributions pursuant to from the
2760	act trust fund shall also file reports on the 4th, 11th, 18th,
2761	25th, and 32nd days prior to the primary election, and on the
2762	4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior to
2763	the general election.
2764	(c)  Following the last day of qualifying for office, any
2765	unopposed candidate need only file a report within 90 days after
2766	the date such candidate became unopposed. Such report shall
2767	contain all previously unreported contributions and expenditures
2768	as required by this section and shall reflect disposition of
2769	funds as required by s. 106.141.
2770	(d)1.  When a special election is called to fill a vacancy
2771	in office, all political committees and committees of continuous
2772	existence making contributions or expenditures to influence the
2773	results of such special election or the preceding special
2774	primary election shall file campaign treasurers' reports with
2775	the filing officer on the dates set by the Department of State
2776	pursuant to s. 100.111.
2777	2.  When an election is called for an issue to appear on
2778	the ballot at a time when no candidates are scheduled to appear
2779	on the ballot, all political committees making contributions or
2780	expenditures in support of or in opposition to such issue shall
2781	file reports on the 18th and 4th days prior to such election.
2782	(e)  The filing officer shall provide each candidate with a
2783	schedule designating the beginning and end of reporting periods
2784	as well as the corresponding designated due dates.
2785	(2)(a)1.  All reports required of a candidate by this
2786	section shall be filed with the officer before whom the
2787	candidate is required by law to qualify. All candidates who file
2788	with the Department of State shall file their reports pursuant
2789	to s. 106.0705. Except as provided in s. 106.0705, reports shall
2790	be filed not later than 5 p.m. of the day designated; however,
2791	any report postmarked by the United States Postal Service no
2792	later than midnight of the day designated shall be deemed to
2793	have been filed in a timely manner. Any report received by the
2794	filing officer within 5 days after the designated due date that
2795	was delivered by the United States Postal Service shall be
2796	deemed timely filed unless it has a postmark that indicates that
2797	the report was mailed after the designated due date. A
2798	certificate of mailing obtained from and dated by the United
2799	States Postal Service at the time of mailing, or a receipt from
2800	an established courier company, which bears a date on or before
2801	the date on which the report is due, shall be proof of mailing
2802	in a timely manner. Reports shall contain information of all
2803	previously unreported contributions received and expenditures
2804	made as of the preceding Friday, except that the report filed on
2805	the Friday immediately preceding the election shall contain
2806	information of all previously unreported contributions received
2807	and expenditures made as of the day preceding that designated
2808	due date. All such reports shall be open to public inspection.
2809	2.  This subsection does not prohibit the governing body of
2810	a political subdivision, by ordinance or resolution, from
2811	imposing upon its own officers and candidates electronic filing
2812	requirements not in conflict with s. 106.0705. Expenditure of
2813	public funds for such purpose is deemed to be for a valid public
2814	purpose.
2815	(b)1.  Any report that which is deemed to be incomplete by
2816	the officer with whom the candidate qualifies shall be accepted
2817	on a conditional basis., and The campaign treasurer shall be
2818	notified by certified registered mail or by another method using
2819	a common carrier that provides a proof of delivery of the notice
2820	as to why the report is incomplete and within 7 be given 3 days
2821	after from receipt of such notice must to file an addendum to
2822	the report providing all information necessary to complete the
2823	report in compliance with this section. Failure to file a
2824	complete report after such notice constitutes a violation of
2825	this chapter.
2826	2.  Notice is deemed complete upon proof of delivery of a
2827	written notice to the mailing or street address of the campaign
2828	treasurer or registered agent of record with the filing officer.
2829	In lieu of the notice by registered mail as required in
2830	subparagraph 1., the qualifying officer may notify the campaign
2831	treasurer by telephone that the report is incomplete and request
2832	the information necessary to complete the report. If, however,
2833	such information is not received by the qualifying officer
2834	within 3 days after the telephone request therefor, notice shall
2835	be sent by registered mail as provided in subparagraph 1.
2836	(3)(a)  Reports required of a political committee shall be
2837	filed with the agency or officer before whom such committee
2838	registers pursuant to s. 106.03(3) and shall be subject to the
2839	same filing conditions as established for candidates' reports.
2840	Incomplete reports by political committees shall be treated in
2841	the manner provided for incomplete reports by candidates in
2842	subsection (2).
2843	(b)  In addition to the reports required under paragraph
2844	(a), a political committee that is registered with the
2845	Department of State and that makes a contribution or expenditure
2846	in connection with a county or municipal election that is not
2847	being held at the same time as a state or federal election must
2848	file campaign finance reports with the county or municipal
2849	filing officer on the same dates as county or municipal
2850	candidates or committees for that election. The political
2851	committee must also include such contribution or expenditure in
2852	the next report filed with the Division of Elections pursuant to
2853	this section following the county or municipal election.
2854	(4)(a)  Each report required by this section must shall
2855	contain:
2856	1.  The full name, address, and occupation, if any of each
2857	person who has made one or more contributions to or for such
2858	committee or candidate within the reporting period, together
2859	with the amount and date of such contributions. For
2860	corporations, the report must provide as clear a description as
2861	practicable of the principal type of business conducted by the
2862	corporation. However, if the contribution is $100 or less or is
2863	from a relative, as defined in s. 112.312, provided that the
2864	relationship is reported, the occupation of the contributor or
2865	the principal type of business need not be listed.
2866	2.  The name and address of each political committee from
2867	which the reporting committee or the candidate received, or to
2868	which the reporting committee or candidate made, any transfer of
2869	funds, together with the amounts and dates of all transfers.
2870	3.  Each loan for campaign purposes to or from any person
2871	or political committee within the reporting period, together
2872	with the full names, addresses, and occupations, and principal
2873	places of business, if any, of the lender and endorsers, if any,
2874	and the date and amount of such loans.
2875	4.  A statement of each contribution, rebate, refund, or
2876	other receipt not otherwise listed under subparagraphs 1.
2877	through 3.
2878	5.  The total sums of all loans, in-kind contributions, and
2879	other receipts by or for such committee or candidate during the
2880	reporting period. The reporting forms shall be designed to
2881	elicit separate totals for in-kind contributions, loans, and
2882	other receipts.
2883	6.  The full name and address of each person to whom
2884	expenditures have been made by or on behalf of the committee or
2885	candidate within the reporting period; the amount, date, and
2886	purpose of each such expenditure; and the name and address of,
2887	and office sought by, each candidate on whose behalf such
2888	expenditure was made. However, expenditures made from the petty
2889	cash fund provided by s. 106.12 need not be reported
2890	individually.
2891	7.  The full name and address of each person to whom an
2892	expenditure for personal services, salary, or reimbursement for
2893	authorized expenses as provided in s. 106.021(3) has been made
2894	and which is not otherwise reported, including the amount, date,
2895	and purpose of such expenditure. However, expenditures made from
2896	the petty cash fund provided for in s. 106.12 need not be
2897	reported individually. Receipts for reimbursement for authorized
2898	expenses shall be retained by the treasurer with the records for
2899	the campaign account.
2900	8.  The total amount withdrawn and the total amount spent
2901	for petty cash purposes pursuant to this chapter during the
2902	reporting period.
2903	9.  The total sum of expenditures made by such committee or
2904	candidate during the reporting period.
2905	10.  The amount and nature of debts and obligations owed by
2906	or to the committee or candidate, which relate to the conduct of
2907	any political campaign.
2908	11.  Transaction information for each credit card purchase.
2909	A copy of each credit card statement which shall be included in
2910	the next report following receipt thereof by the candidate or
2911	political committee. Receipts for each credit card purchase
2912	shall be retained by the treasurer with the records for the
2913	campaign account.
2914	12.  The amount and nature of any separate interest-bearing
2915	accounts or certificates of deposit and identification of the
2916	financial institution in which such accounts or certificates of
2917	deposit are located.
2918	13.  The primary purposes of an expenditure made indirectly
2919	through a campaign treasurer pursuant to s. 106.021(3) for goods
2920	and services such as communications media placement or
2921	procurement services, campaign signs, insurance, and other
2922	expenditures that include multiple components as part of the
2923	expenditure. The primary purpose of an expenditure shall be that
2924	purpose, including integral and directly related components,
2925	that comprises 80 percent of such expenditure.
2926	(b)  The filing officer shall make available to any
2927	candidate or committee a reporting form which the candidate or
2928	committee may use to indicate contributions received by the
2929	candidate or committee but returned to the contributor before
2930	deposit.
2931	(5)  The candidate and his or her campaign treasurer, in
2932	the case of a candidate, or the political committee chair and
2933	campaign treasurer of the committee, in the case of a political
2934	committee, shall certify as to the correctness of each report;
2935	and each person so certifying shall bear the responsibility for
2936	the accuracy and veracity of each report. Any campaign
2937	treasurer, candidate, or political committee chair who willfully
2938	certifies the correctness of any report while knowing that such
2939	report is incorrect, false, or incomplete commits a misdemeanor
2940	of the first degree, punishable as provided in s. 775.082 or s.
2941	775.083.
2942	(6)  The campaign depository shall return all checks drawn
2943	on the account to the campaign treasurer who shall retain the
2944	records pursuant to s. 106.06. The records maintained by the
2945	campaign depository with respect to any campaign account
2946	regulated by this chapter are such account shall be subject to
2947	inspection by an agent of the Division of Elections or the
2948	Florida Elections Commission at any time during normal banking
2949	hours, and such depository shall furnish certified copies of any
2950	of such records to the Division of Elections or Florida
2951	Elections Commission upon request.
2952	(7)  Notwithstanding any other provisions of this chapter,
2953	in any reporting period during which a candidate, political
2954	committee, or committee of continuous existence has not received
2955	funds, made any contributions, or expended any reportable funds,
2956	the filing of the required report for that period is waived.
2957	However, the next report filed must specify that the report
2958	covers the entire period between the last submitted report and
2959	the report being filed, and any candidate, political committee,
2960	or committee of continuous existence not reporting by virtue of
2961	this subsection on dates prescribed elsewhere in this chapter
2962	shall notify the filing officer in writing on the prescribed
2963	reporting date that no report is being filed on that date.
2964	(8)(a)  Any candidate or political committee failing to
2965	file a report on the designated due date is shall be subject to
2966	a fine as provided in paragraph (b) for each late day, and, in
2967	the case of a candidate, such fine shall be paid only from
2968	personal funds of the candidate. The fine shall be assessed by
2969	the filing officer and the moneys collected shall be deposited:
2970	1.  In the General Revenue Fund, in the case of a candidate
2971	for state office or a political committee that registers with
2972	the Division of Elections; or
2973	2.  In the general revenue fund of the political
2974	subdivision, in the case of a candidate for an office of a
2975	political subdivision or a political committee that registers
2976	with an officer of a political subdivision.
2977
2978	No separate fine shall be assessed for failure to file a copy of
2979	any report required by this section.
2980	(b)  Upon determining that a report is late, the filing
2981	officer shall immediately notify the candidate or chair of the
2982	political committee as to the failure to file a report by the
2983	designated due date and that a fine is being assessed for each
2984	late day. The fine shall be $50 per day for the first 3 days
2985	late and, thereafter, $500 per day for each late day, not to
2986	exceed 25 percent of the total receipts or expenditures,
2987	whichever is greater, for the period covered by the late report.
2988	However, for the reports immediately preceding each special
2989	primary election, special election, primary election, and
2990	general election, the fine shall be $500 per day for each late
2991	day, not to exceed 25 percent of the total receipts or
2992	expenditures, whichever is greater, for the period covered by
2993	the late report. For reports required under s. 106.141(7), the
2994	fine is $50 per day for each late day, not to exceed 25 percent
2995	of the total receipts or expenditures, whichever is greater, for
2996	the period covered by the late report. Upon receipt of the
2997	report, the filing officer shall determine the amount of the
2998	fine which is due and shall notify the candidate or chair or
2999	registered agent of the political committee. The filing officer
3000	shall determine the amount of the fine due based upon the
3001	earliest of the following:
3002	1.  When the report is actually received by such officer.
3003	2.  When the report is postmarked.
3004	3.  When the certificate of mailing is dated.
3005	4.  When the receipt from an established courier company is
3006	dated.
3007	5.  When the electronic receipt issued pursuant to s.
3008	106.0705 or other electronic filing system authorized in this
3009	section is dated.
3010
3011	Such fine shall be paid to the filing officer within 20 days
3012	after receipt of the notice of payment due, unless appeal is
3013	made to the Florida Elections Commission pursuant to paragraph
3014	(c). Notice is deemed complete upon proof of delivery of written
3015	notice to the mailing or street address of record with the
3016	filing officer. In the case of a candidate, such fine shall not
3017	be an allowable campaign expenditure and shall be paid only from
3018	personal funds of the candidate. An officer or member of a
3019	political committee shall not be personally liable for such
3020	fine.
3021	(c)  Any candidate or chair of a political committee may
3022	appeal or dispute the fine, based upon, but not limited to,
3023	unusual circumstances surrounding the failure to file on the
3024	designated due date, and may request and shall be entitled to a
3025	hearing before the Florida Elections Commission, which shall
3026	have the authority to waive the fine in whole or in part. The
3027	Florida Elections Commission must consider the mitigating and
3028	aggravating circumstances contained in s. 106.265(1) when
3029	determining the amount of a fine, if any, to be waived. Any such
3030	request shall be made within 20 days after receipt of the notice
3031	of payment due. In such case, the candidate or chair of the
3032	political committee shall, within the 20-day period, notify the
3033	filing officer in writing of his or her intention to bring the
3034	matter before the commission.
3035	(d)  The appropriate filing officer shall notify the
3036	Florida Elections Commission of the repeated late filing by a
3037	candidate or political committee, the failure of a candidate or
3038	political committee to file a report after notice, or the
3039	failure to pay the fine imposed. The commission shall
3040	investigate only those alleged late filing violations
3041	specifically identified by the filing officer and as set forth
3042	in the notification. Any other alleged violations must be
3043	separately stated and reported by the division to the commission
3044	under s. 106.25(2). As used in this paragraph, the term
3045	"repeated late filing" means at least three late filings
3046	occurring within any 2-year period. The commission shall treat
3047	notification of each repeated late filing as a separate
3048	violation of this section.
3049	(9)  The Department of State may prescribe by rule the
3050	requirements for filing campaign treasurers' reports as set
3051	forth in this chapter.
3052	Section 46.  Paragraphs (c) and (d) of subsection (7) and
3053	subsection (8) of section 106.0703, Florida Statutes, are
3054	amended to read:
3055	106.0703  Electioneering communications organizations;
3056	reporting requirements; certification and filing; penalties.-
3057	(7)
3058	(c)  The treasurer of an electioneering communications
3059	organization may appeal or dispute the fine, based upon, but not
3060	limited to, unusual circumstances surrounding the failure to
3061	file on the designated due date, and may request and shall be
3062	entitled to a hearing before the Florida Elections Commission,
3063	which shall have the authority to waive the fine in whole or in
3064	part. The Florida Elections Commission must consider the
3065	mitigating and aggravating circumstances contained in s.
3066	106.265(1) when determining the amount of a fine, if any, to be
3067	waived. Any such request shall be made within 20 days after
3068	receipt of the notice of payment due. In such case, the
3069	treasurer of the electioneering communications organization
3070	shall, within the 20-day period, notify the filing officer in
3071	writing of his or her intention to bring the matter before the
3072	commission.
3073	(d)  The appropriate filing officer shall notify the
3074	Florida Elections Commission of the repeated late filing by an
3075	electioneering communications organization, the failure of an
3076	electioneering communications organization to file a report
3077	after notice, or the failure to pay the fine imposed. The
3078	commission shall investigate only those alleged late filing
3079	violations specifically identified by the filing officer and as
3080	set forth in the notification. Any other alleged violations must
3081	be stated separately and reported by the division to the
3082	commission under s. 106.25(2). As used in this paragraph, the
3083	term "repeated late filing" means at least three late filings
3084	occurring within any 2-year period. The commission shall treat
3085	notification of each repeated late filing as a separate
3086	violation of this section.
3087	(8)  An electioneering communications organization shall,
3088	within 2 days after receiving its initial password or secure
3089	sign-on from the Department of State allowing confidential
3090	access to the department's electronic campaign finance filing
3091	system, electronically file the periodic reports that would have
3092	been required pursuant to this section for reportable activities
3093	that occurred since the date of the last general election.
3094	Section 47.  Paragraphs (a) and (c) of subsection (2) and
3095	subsections (3) and (7) of section 106.0705, Florida Statutes,
3096	are amended to read:
3097	106.0705  Electronic filing of campaign treasurer's
3098	reports.-
3099	(2)(a)  Each individual candidate who is required to file
3100	reports with the division pursuant to s. 106.07 or s. 106.141
3101	with the division must file such reports with the division by
3102	means of the division's electronic filing system.
3103	(c)  Each person or organization that is required to file
3104	reports with the division under s. 106.071 must file such
3105	reports with the division by means of the division's electronic
3106	filing system.
3107	(3)  Reports filed pursuant to this section shall be
3108	completed and filed through the electronic filing system not
3109	later than midnight of the day designated. Reports not filed by
3110	midnight of the day designated are late filed and are subject to
3111	the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), s.
3112	106.0703(7), or s. 106.29(3), as applicable.
3113	(7)  Notwithstanding anything in law to the contrary, any
3114	report required to have been filed under this section for the
3115	period ended March 31, 2005, shall be deemed to have been timely
3116	filed if the report is filed under this section on or before
3117	June 1, 2005.
3118	Section 48.  Subsections (1) and (2) of section 106.071,
3119	Florida Statutes, are amended to read:
3120	106.071  Independent expenditures; electioneering
3121	communications; reports; disclaimers.-
3122	(1)  Each person who makes an independent expenditure with
3123	respect to any candidate or issue, and each individual who makes
3124	an expenditure for an electioneering communication which is not
3125	otherwise reported pursuant to this chapter, which expenditure,
3126	in the aggregate in a calendar year, is in the amount of $5,000
3127	or more, shall file periodic reports of such expenditures in the
3128	same manner, at the same time, subject to the same penalties,
3129	and with the same officer as a political committee supporting or
3130	opposing such candidate or issue. The report shall contain the
3131	full name and address of the person making the expenditure; the
3132	full name and address of each person to whom and for whom each
3133	such expenditure has been made; the amount, date, and purpose of
3134	each such expenditure; a description of the services or goods
3135	obtained by each such expenditure; the issue to which the
3136	expenditure relates; and the name and address of, and office
3137	sought by, each candidate on whose behalf such expenditure was
3138	made.
3139	(2)  A Any political advertisement paid for by an
3140	independent expenditure, other than such an expenditure by an
3141	individual in an aggregate amount of $500, shall prominently
3142	state "Paid political advertisement paid for by ...(Name and
3143	address of person paying for advertisement)... independently of
3144	any ...(candidate or committee)...." However, an independent
3145	expenditure made by an individual must state "Paid political
3146	advertisement independent of any ...(candidate or
3147	committee)...."
3148	Section 49.  Paragraph (c) of subsection (3) and paragraph
3149	(b) of subsection (6) of section 106.08, Florida Statutes, are
3150	amended to read:
3151	106.08  Contributions; limitations on.-
3152	(3)
3153	(c)  With respect to any campaign for an office in which an
3154	independent or minor party candidate has filed as required in s.
3155	99.0955 or s. 99.096, but whose qualification is pending a
3156	determination by the Department of State or supervisor of
3157	elections as to whether or not the required number of petition
3158	signatures was obtained:
3159	1.  The department or supervisor shall, no later than 3
3160	days after that determination has been made, notify in writing
3161	all other candidates for that office of that determination.
3162	2.  Any contribution received by a candidate or the
3163	campaign treasurer or deputy campaign treasurer of a candidate
3164	after the candidate has been notified in writing by the
3165	department or supervisor that he or she has become unopposed as
3166	a result of an independent or minor party candidate failing to
3167	obtain the required number of petition signatures shall be
3168	returned to the person, political committee, or committee of
3169	continuous existence contributing it and shall not be used or
3170	expended by or on behalf of the candidate.
3171	(6)
3172	(b)1.  A political party may not accept any in-kind
3173	contribution that fails to provide a direct benefit to the
3174	political party. A "direct benefit" includes, but is not limited
3175	to, fundraising or furthering the objectives of the political
3176	party.
3177	2.a.  An in-kind contribution to a state political party
3178	may be accepted only by the chairperson of the state political
3179	party or by the chairperson's designee or designees whose names
3180	are on file with the division in a form acceptable to the
3181	division prior to the date of the written notice required in
3182	sub-subparagraph b. An in-kind contribution to a county
3183	political party may be accepted only by the chairperson of the
3184	county political party or by the county chairperson's designee
3185	or designees whose names are on file with the supervisor of
3186	elections of the respective county prior to the date of the
3187	written notice required in sub-subparagraph b.
3188	b.  A person making an in-kind contribution to a state
3189	political party or county political party must provide prior
3190	written notice of the contribution to a person described in sub-
3191	subparagraph a. The prior written notice must be signed and
3192	dated and may be provided by an electronic or facsimile message.
3193	However, prior written notice is not required for an in-kind
3194	contribution that consists of food and beverage in an aggregate
3195	amount not exceeding $1,500 which is consumed at a single
3196	sitting or event if such in-kind contribution is accepted in
3197	advance by a person specified in sub-subparagraph a.
3198	c.  A person described in sub-subparagraph a. may accept an
3199	in-kind contribution requiring prior written notice only in a
3200	writing that is signed and dated before the in-kind contribution
3201	is made. Failure to obtain the required written acceptance of an
3202	in-kind contribution to a state or county political party
3203	constitutes a refusal of the contribution.
3204	d.  A copy of each prior written acceptance required under
3205	sub-subparagraph c. must be filed with the division at the time
3206	the regular reports of contributions and expenditures required
3207	under s. 106.29 are filed by the state executive committee and
3208	county executive committee. A state executive committee must
3209	file with the division. A county executive committee must file
3210	with the county's supervisor of elections.
3211	e.  An in-kind contribution may not be given to a state or
3212	county political party unless the in-kind contribution is made
3213	as provided in this subparagraph.
3214	Section 50.  Section 106.09, Florida Statutes, is amended
3215	to read:
3216	106.09  Cash contributions and contribution by cashier's
3217	checks.-
3218	(1)(a)  A person may not make an aggregate or accept a cash
3219	contribution or contribution by means of a cashier's check to
3220	the same candidate or committee in excess of $50 per election.
3221	(b)  A person may not accept an aggregate cash contribution
3222	or contribution by means of a cashier's check from the same
3223	contributor in excess of $50 per election.
3224	(2)(a)  Any person who makes or accepts a contribution in
3225	excess of $50 in violation of subsection (1) this section
3226	commits a misdemeanor of the first degree, punishable as
3227	provided in s. 775.082 or s. 775.083.
3228	(b)  Any person who knowingly and willfully makes or
3229	accepts a contribution in excess of $5,000 in violation of
3230	subsection (1) this section commits a felony of the third
3231	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3232	775.084.
3233	Section 51.  Subsection (4) of section 106.141, Florida
3234	Statutes, is amended to read:
3235	106.141  Disposition of surplus funds by candidates.-
3236	(4)(a)  Except as provided in paragraph (b), any candidate
3237	required to dispose of funds pursuant to this section shall, at
3238	the option of the candidate, dispose of such funds by any of the
3239	following means, or any combination thereof:
3240	1.  Return pro rata to each contributor the funds that have
3241	not been spent or obligated.
3242	2.  Donate the funds that have not been spent or obligated
3243	to a charitable organization or organizations that meet the
3244	qualifications of s. 501(c)(3) of the Internal Revenue Code.
3245	3.  Give not more than $10,000 of the funds that have not
3246	been spent or obligated to the political party of which such
3247	candidate is a member, except that a candidate for the Florida
3248	Senate may give not more than $30,000 of such funds to the
3249	political party of which the candidate is a member.
3250	4.  Give the funds that have not been spent or obligated:
3251	a.  In the case of a candidate for state office, to the
3252	state, to be deposited in either the Election Campaign Financing
3253	Trust Fund or the General Revenue Fund, as designated by the
3254	candidate; or
3255	b.  In the case of a candidate for an office of a political
3256	subdivision, to such political subdivision, to be deposited in
3257	the general fund thereof.
3258	(b)  Any candidate required to dispose of funds pursuant to
3259	this section who has received contributions pursuant to the
3260	Florida Election Campaign Financing Act from the Election
3261	Campaign Financing Trust Fund shall, after all monetary
3262	commitments pursuant to s. 106.11(5)(b) and (c) have been met,
3263	return all surplus campaign funds to the General Revenue Fund
3264	Election Campaign Financing Trust Fund.
3265	Section 52.  Section 106.143, Florida Statutes, is amended
3266	to read:
3267	106.143  Political advertisements circulated prior to
3268	election; requirements.-
3269	(1)(a)  Any political advertisement that is paid for by a
3270	candidate, other than a write-in candidate, and that is
3271	published, displayed, or circulated before, or on the day of,
3272	any election must prominently state:
3273	1.  "Political advertisement paid for and approved by
3274	...(name of candidate)..., ...(party affiliation)..., for
3275	...(office sought)..."; or
3276	2.  "Paid by ...(name of candidate)..., ...(party
3277	affiliation)..., for ...(office sought)...."
3278	(b)  Any political advertisement that is paid for by a
3279	write-in candidate and that is published, displayed, or
3280	circulated before, or on the day of, any election must
3281	prominently state:
3282	1.  "Political advertisement paid for and approved by
3283	...(name of candidate)..., write-in candidate, for ...(office
3284	sought)..."; or
3285	2.  "Paid by ...(name of candidate)..., write-in candidate,
3286	for ...(office sought)...."
3287	(c)(b)  Any other political advertisement published,
3288	displayed, or circulated before, or on the day of, any election
3289	must prominently:
3290	1.  Be marked "paid political advertisement" or with the
3291	abbreviation "pd. pol. adv."
3292	2.  State the name and address of the persons paying for
3293	sponsoring the advertisement.
3294	3.a.(I)  State whether the advertisement and the cost of
3295	production is paid for or provided in kind by or at the expense
3296	of the entity publishing, displaying, broadcasting, or
3297	circulating the political advertisement; or
3298	(II)  State who provided or paid for the advertisement and
3299	cost of production, if different from the source of sponsorship.
3300	b.  This subparagraph does not apply if the source of the
3301	sponsorship is patently clear from the content or format of the
3302	political advertisement.
3303	(d)(c)  Any political advertisement made pursuant to s.
3304	106.021(3)(d) must be marked "paid political advertisement" or
3305	with the abbreviation "pd. pol. adv." and must prominently state
3306	the name and address of the political party paying for the
3307	advertisement, if applicable, the names of the persons approving
3308	the advertisement, and the names, party affiliations, and
3309	offices sought by the persons in the advertisement., "Paid for
3310	and sponsored by ...(name of person paying for political
3311	advertisement).... Approved by ...(names of persons, party
3312	affiliation, and offices sought in the political
3313	advertisement)...."
3314	(2)  Political advertisements made as in-kind contributions
3315	from a political party must prominently state: "Paid political
3316	advertisement paid for in-kind by ...(name of political
3317	party).... Approved by ...(name of person, party affiliation,
3318	and office sought in the political advertisement)...."
3319	(3)(2)  Any political advertisement of a candidate running
3320	for partisan office shall express the name of the political
3321	party of which the candidate is seeking nomination or is the
3322	nominee. If the candidate for partisan office is running as a
3323	candidate with no party affiliation, any political advertisement
3324	of the candidate must state that the candidate has no party
3325	affiliation. Any political advertisement of a candidate running
3326	for nonpartisan office may not state the candidate's political
3327	party affiliation. A candidate for nonpartisan office is
3328	prohibited from campaigning based on party affiliation.
3329	(4)(3)  It is unlawful for any candidate or person on
3330	behalf of a candidate to represent that any person or
3331	organization supports such candidate, unless the person or
3332	organization so represented has given specific approval in
3333	writing to the candidate to make such representation. However,
3334	this subsection does not apply to:
3335	(a)  Editorial endorsement by any newspaper, radio or
3336	television station, or other recognized news medium.
3337	(b)  Publication by a party committee advocating the
3338	candidacy of its nominees.
3339	(5)(4)(a)  Any political advertisement not paid for by a
3340	candidate, including those paid for by a political party, other
3341	than an independent expenditure, offered by or on behalf of a
3342	candidate must be approved in advance by the candidate. Such
3343	political advertisement must expressly state that the content of
3344	the advertisement was approved by the candidate and must state
3345	who paid for the advertisement. The candidate shall provide a
3346	written statement of authorization to the newspaper, radio
3347	station, television station, or other medium for each such
3348	advertisement submitted for publication, display, broadcast, or
3349	other distribution.
3350	(b)  Any person who makes an independent expenditure for a
3351	political advertisement shall provide a written statement that
3352	no candidate has approved the advertisement to the newspaper,
3353	radio station, television station, or other medium for each such
3354	advertisement submitted for publication, display, broadcast, or
3355	other distribution. The advertisement must also contain a
3356	statement that no candidate has approved the advertisement.
3357	(c)  This subsection does not apply to campaign messages
3358	used by a candidate and his or her supporters if those messages
3359	are designed to be worn by a person.
3360	(6)(5)  No political advertisement of a candidate who is
3361	not an incumbent of the office for which the candidate is
3362	running shall use the word "re-elect." Additionally, such
3363	advertisement must include the word "for" between the
3364	candidate's name and the office for which the candidate is
3365	running, in order that incumbency is not implied. This
3366	subsection does not apply to bumper stickers or items designed
3367	to be worn by a person.
3368	(7)(6)  This section does not apply to novelty items having
3369	a retail value of $10 or less which support, but do not oppose,
3370	a candidate or issue.
3371	(8)(7)  Any political advertisement which is published,
3372	displayed, or produced in a language other than English may
3373	provide the information required by this section in the language
3374	used in the advertisement.
3375	(9)(8)  This section does not apply to any campaign message
3376	or political advertisement used by a candidate and the
3377	candidate's supporters or by a political committee if the
3378	message or advertisement is:
3379	(a)  Designed to be worn by a person.
3380	(b)  Placed as a paid link on an Internet website, provided
3381	the message or advertisement is no more than 200 characters in
3382	length and the link directs the user to another Internet website
3383	that complies with subsection (1).
3384	(c)  Placed as a graphic or picture link where compliance
3385	with the requirements of this section is not reasonably
3386	practical due to the size of the graphic or picture link and the
3387	link directs the user to another Internet website that complies
3388	with subsection (1).
3389	(d)  Placed at no cost on an Internet website for which
3390	there is no cost to post content for public users.
3391	(e)  Placed or distributed on an unpaid profile or account
3392	which is available to the public without charge or on a social
3393	networking Internet website, as long as the source of the
3394	message or advertisement is patently clear from the content or
3395	format of the message or advertisement. A candidate or political
3396	committee may prominently display a statement indicating that
3397	the website or account is an official website or account of the
3398	candidate or political committee and is approved by the
3399	candidate or political committee. A website or account may not
3400	be marked as official without prior approval by the candidate or
3401	political committee.
3402	(f)  Distributed as a text message or other message via
3403	Short Message Service, provided the message is no more than 200
3404	characters in length or requires the recipient to sign up or opt
3405	in to receive it.
3406	(g)  Connected with or included in any software application
3407	or accompanying function, provided that the user signs up, opts
3408	in, downloads, or otherwise accesses the application from or
3409	through a website that complies with subsection (1).
3410	(h)  Sent by a third-party user from or through a campaign
3411	or committee's website, provided the website complies with
3412	subsection (1).
3413	(i)  Contained in or distributed through any other
3414	technology-related item, service, or device for which compliance
3415	with subsection (1) is not reasonably practical due to the size
3416	or nature of such item, service, or device as available, or the
3417	means of displaying the message or advertisement makes
3418	compliance with subsection (1) impracticable.
3419	(10)(9)  Any person who willfully violates any provision of
3420	this section is subject to the civil penalties prescribed in s.
3421	106.265.
3422	Section 53.  Subsection (4) of section 106.15, Florida
3423	Statutes, is amended to read:
3424	106.15  Certain acts prohibited.-
3425	(4)(a)  No person shall make and no person shall solicit or
3426	knowingly accept any political contribution in a government-
3427	occupied room or building space building owned by a governmental
3428	entity.
3429	(b)  For purposes of this subsection, the term:,
3430	1.  "Accept" means to receive a contribution by personal
3431	hand delivery from a contributor or the contributor's agent.
3432	2.  "Government-occupied room or building space" means the
3433	building, or in the case of a partial occupancy that portion of
3434	a building, owned or leased and being used by a governmental
3435	entity. However, in the case of a partial occupancy where other
3436	tenants or owners simultaneously occupy a different portion of
3437	the building, the term excludes common areas not under the
3438	exclusive control of the governmental entity, including, but not
3439	limited to, break rooms, hallways, elevators, stairwells, and
3440	conference rooms.
3441	(c)  This subsection does shall not apply when a
3442	government-occupied room or building space government-owned
3443	building or any portion thereof is rented for the specific
3444	purpose of holding a campaign fund raiser.
3445	Section 54.  Section 106.17, Florida Statutes, is amended
3446	to read:
3447	106.17  Polls and surveys relating to candidacies.-Any
3448	candidate, political committee, committee of continuous
3449	existence, electioneering communication organization, or state
3450	or county executive committee of a political party may authorize
3451	or conduct a political poll, survey, index, or measurement of
3452	any kind relating to candidacy for public office so long as the
3453	candidate, political committee, committee of continuous
3454	existence, electioneering communication organization, or
3455	political party maintains complete jurisdiction over the poll in
3456	all its aspects. State and county executive committees of a
3457	political party or an affiliated party committee may authorize
3458	and conduct political polls for the purpose of determining the
3459	viability of potential candidates. Such poll results may be
3460	shared with potential candidates and expenditures incurred by
3461	state and county executive committees for potential candidate
3462	polls are not contributions to the potential candidates.
3463	Section 55.  Subsection (3) of section 106.18, Florida
3464	Statutes, is amended to read:
3465	106.18  When a candidate's name to be omitted from ballot.-
3466	(3)  No certificate of election shall be granted to any
3467	candidate until all preelection reports required by s. 106.07
3468	have been filed in accordance with the provisions of such
3469	section. However, no candidate shall be prevented from receiving
3470	a certificate of election for failure to file any copy of a
3471	report required by this chapter.
3472	Section 56.  Subsection (4) is added to section 106.19,
3473	Florida Statutes, to read:
3474	106.19  Violations by candidates, persons connected with
3475	campaigns, and political committees.-
3476	(4)  Except as otherwise expressly stated, the failure by a
3477	candidate to comply with the requirements of this chapter has no
3478	effect upon whether the candidate has qualified for the office
3479	the candidate is seeking.
3480	Section 57.  Subsection (5) of section 106.25, Florida
3481	Statutes, is amended to read:
3482	106.25  Reports of alleged violations to Florida Elections
3483	Commission; disposition of findings.-
3484	(5)  Unless A person alleged by the Elections Commission to
3485	have committed a violation of this chapter or chapter 104 may
3486	elect, as a matter of right elects, within 30 days after the
3487	date of the filing of the commission's allegations, to have a
3488	formal administrative hearing conducted by an administrative law
3489	judge in the Division of Administrative Hearings. The
3490	administrative law judge in such proceedings shall enter a final
3491	order, which may include the imposition of civil penalties, and
3492	the formal or informal hearing conducted before the commission,
3493	or elects to resolve the complaint by consent order, such person
3494	shall be entitled to a formal administrative hearing conducted
3495	by an administrative law judge in the Division of Administrative
3496	Hearings. The administrative law judge in such proceedings shall
3497	enter a final order is subject to appeal as provided in s.
3498	120.68.
3499	Section 58.  Section 106.265, Florida Statutes, is amended
3500	to read:
3501	106.265  Civil penalties.-
3502	(1)  The commission or, in cases referred to the Division
3503	of Administrative Hearings pursuant to s. 106.25(5), an
3504	administrative law judge is authorized upon the finding of a
3505	violation of this chapter or chapter 104 to impose civil
3506	penalties in the form of fines not to exceed $1,000 per count
3507	or, if applicable, to impose a civil penalty as provided in s.
3508	106.19.
3509	(2)  In determining the amount of such civil penalties, the
3510	commission or the administrative law judge shall consider, among
3511	other mitigating and aggravating circumstances:
3512	(a)  The gravity of the act or omission;
3513	(b)  Any previous history of similar acts or omissions;
3514	(c)  The appropriateness of such penalty to the financial
3515	resources of the person, political committee, committee of
3516	continuous existence, electioneering communications
3517	organization, or political party; and
3518	(d)  Whether the person, political committee, committee of
3519	continuous existence, electioneering communications
3520	organization, or political party has shown good faith in
3521	attempting to comply with the provisions of this chapter or
3522	chapter 104.
3523	(3)(2)  If any person, political committee, committee of
3524	continuous existence, electioneering communications
3525	organization, or political party fails or refuses to pay to the
3526	commission any civil penalties assessed pursuant to the
3527	provisions of this section, the commission shall be responsible
3528	for collecting the civil penalties resulting from such action.
3529	(4)(3)  Any civil penalty collected pursuant to the
3530	provisions of this section shall be deposited into the General
3531	Revenue Fund Election Campaign Financing Trust Fund.
3532	(5)(4)  Notwithstanding any other provisions of this
3533	chapter, Any fine assessed pursuant to the provisions of this
3534	chapter shall, which fine is designated to be deposited or which
3535	would otherwise be deposited into the General Revenue Fund of
3536	the state, shall be deposited into the Election Campaign
3537	Financing Trust Fund.
3538	(6)(5)  In any case in which the commission determines that
3539	a person has filed a complaint against another person with a
3540	malicious intent to injure the reputation of the person
3541	complained against by filing the complaint with knowledge that
3542	the complaint contains one or more false allegations or with
3543	reckless disregard for whether the complaint contains false
3544	allegations of fact material to a violation of this chapter or
3545	chapter 104, the complainant shall be liable for costs and
3546	reasonable attorney's fees incurred in the defense of the person
3547	complained against, including the costs and reasonable
3548	attorney's fees incurred in proving entitlement to and the
3549	amount of costs and fees. If the complainant fails to pay such
3550	costs and fees voluntarily within 30 days following such finding
3551	by the commission, the commission shall forward such information
3552	to the Department of Legal Affairs, which shall bring a civil
3553	action in a court of competent jurisdiction to recover the
3554	amount of such costs and fees awarded by the commission.
3555	Section 59.  Section 106.355, Florida Statutes, is amended
3556	to read:
3557	106.355  Nonparticipating candidate exceeding limits.-
3558	Whenever a candidate for the office of Governor or member of the
3559	Cabinet who has elected not to participate in election campaign
3560	financing under the provisions of ss. 106.30-106.36 exceeds the
3561	applicable expenditure limit provided in s. 106.34, all opposing
3562	candidates participating in such election campaign financing
3563	are, notwithstanding the provisions of s. 106.33 or any other
3564	provision requiring adherence to such limit, released from such
3565	expenditure limit to the extent the nonparticipating candidate
3566	exceeded the limit, are still eligible for matching
3567	contributions up to such limit, and shall not be required to
3568	reimburse any matching funds provided pursuant thereto. In
3569	addition, the Department of State shall, within 7 days after a
3570	request by a participating candidate, provide such candidate
3571	with funds from the Election Campaign Financing Trust Fund equal
3572	to the amount by which the nonparticipating candidate exceeded
3573	the expenditure limit, not to exceed twice the amount of the
3574	maximum expenditure limits specified in s. 106.34(1)(a) and (b),
3575	which funds shall not be considered matching funds.
3576	Section 60.  Paragraph (d) of subsection (1) of section
3577	11.045, Florida Statutes, is amended to read:
3578	11.045  Lobbying before the Legislature; registration and
3579	reporting; exemptions; penalties.-
3580	(1)  As used in this section, unless the context otherwise
3581	requires:
3582	(d)  "Expenditure" means a payment, distribution, loan,
3583	advance, reimbursement, deposit, or anything of value made by a
3584	lobbyist or principal for the purpose of lobbying. The term
3585	"expenditure" does not include contributions or expenditures
3586	reported pursuant to chapter 106 or federal election law, funds
3587	received or spent under s. 106.012, campaign-related personal
3588	services provided without compensation by individuals
3589	volunteering their time, any other contribution or expenditure
3590	made by or to a political party, or any other contribution or
3591	expenditure made by an organization that is exempt from taxation
3592	under 26 U.S.C. s. 527 or s. 501(c)(4).
3593	Section 61.  Paragraph (b) of subsection (12) of section
3594	112.312, Florida Statutes, is amended to read:
3595	112.312  Definitions.-As used in this part and for purposes
3596	of the provisions of s. 8, Art. II of the State Constitution,
3597	unless the context otherwise requires:
3598	(12)
3599	(b)  "Gift" does not include:
3600	1.  Salary, benefits, services, fees, commissions, gifts,
3601	or expenses associated primarily with the donee's employment,
3602	business, or service as an officer or director of a corporation
3603	or organization.
3604	2.  Contributions or expenditures reported pursuant to
3605	chapter 106, funds received or spent under s. 106.012, campaign-
3606	related personal services provided without compensation by
3607	individuals volunteering their time, or any other contribution
3608	or expenditure by a political party.
3609	3.  An honorarium or an expense related to an honorarium
3610	event paid to a person or the person's spouse.
3611	4.  An award, plaque, certificate, or similar personalized
3612	item given in recognition of the donee's public, civic,
3613	charitable, or professional service.
3614	5.  An honorary membership in a service or fraternal
3615	organization presented merely as a courtesy by such
3616	organization.
3617	6.  The use of a public facility or public property, made
3618	available by a governmental agency, for a public purpose.
3619	7.  Transportation provided to a public officer or employee
3620	by an agency in relation to officially approved governmental
3621	business.
3622	8.  Gifts provided directly or indirectly by a state,
3623	regional, or national organization which promotes the exchange
3624	of ideas between, or the professional development of,
3625	governmental officials or employees, and whose membership is
3626	primarily composed of elected or appointed public officials or
3627	staff, to members of that organization or officials or staff of
3628	a governmental agency that is a member of that organization.
3629	Section 62.  Subsection (1) of section 876.05, Florida
3630	Statutes, is amended to read:
3631	876.05  Public employees; oath.-
3632	(1)  All persons who now or hereafter are employed by or
3633	who now or hereafter are on the payroll of the state, or any of
3634	its departments and agencies, subdivisions, counties, cities,
3635	school boards and districts of the free public school system of
3636	the state or counties, or institutions of higher learning, and
3637	all candidates for public office, except candidates for federal
3638	office, are required to take an oath before any person duly
3639	authorized to take acknowledgments of instruments for public
3640	record in the state in the following form:
3641	I, ...., a citizen of the State of Florida and of the
3642	United States of America, and being employed by or an officer of
3643	.... and a recipient of public funds as such employee or
3644	officer, do hereby solemnly swear or affirm that I will support
3645	the Constitution of the United States and of the State of
3646	Florida.
3647	Section 63.  Subsection (1) of section 97.055, Florida
3648	Statutes, is amended to read:
3649	97.055  Registration books; when closed for an election.-
3650	(1)(a)  The registration books must be closed on the 29th
3651	day before each election and must remain closed until after that
3652	election. If an election is called and there are fewer than 29
3653	days before that election, the registration books must be closed
3654	immediately.
3655	(b)  Except as provided in paragraph (c), when the
3656	registration books are closed for an election, updates to a
3657	voter's name, address, and signature pursuant to s. ss. 98.077
3658	and 101.045 shall be the only changes permitted for purposes of
3659	the upcoming election. New voter registration applications must
3660	be accepted but only for the purpose of subsequent elections.
3661	(c)  When the registration books are closed for an upcoming
3662	election, an update or change to a voter's party affiliation
3663	made pursuant to s. 97.1031 shall be permitted for that upcoming
3664	election unless such election is for the purpose of nominating a
3665	political party nominee, in which case the update or change
3666	shall be permitted only for the purpose of subsequent elections.
3667	Section 64.  Section 100.101, Florida Statutes, is amended
3668	to read:
3669	100.101  Special elections and special primary elections.-
3670	Except as provided in s. 100.111(2), A special election or
3671	special primary election shall be held in the following cases:
3672	(1)  If no person has been elected at a general election to
3673	fill an office which was required to be filled by election at
3674	such general election.
3675	(2)  If a vacancy occurs in the office of state senator or
3676	member of the state house of representatives.
3677	(3)  If it is necessary to elect presidential electors, by
3678	reason of the offices of President and Vice President both
3679	having become vacant.
3680	(4)  If a vacancy occurs in the office of member from
3681	Florida of the House of Representatives of Congress.
3682	Section 65.  Paragraphs (b) and (c) of subsection (1) of
3683	section 101.111, Florida Statutes, are amended to read:
3684	101.111  Voter challenges.-
3685	(1)
3686	(b)1.  The clerk or inspector shall immediately deliver to
3687	the challenged person a copy of the oath of the person entering
3688	the challenge, and the challenged voter shall be allowed to cast
3689	a provisional ballot in accordance with s. 101.048, except as
3690	provided in subparagraph 2.
3691	2.  If the basis for the challenge is that the person's
3692	legal residence is not in that precinct, the person shall first
3693	be given the opportunity to execute a change of legal residence
3694	in order to be able to vote a regular ballot in accordance with
3695	s. 101.045(2). If the change of legal residence is such that the
3696	person is then properly registered for that precinct, the person
3697	shall be allowed to vote a regular ballot. If the change of
3698	legal residence places the person in another precinct, the
3699	person shall be directed to the proper precinct to vote. If such
3700	person insists that he or she is currently in the proper
3701	precinct, the person shall be allowed to vote a provisional
3702	ballot in accordance with s. 101.048.
3703	(c)  Alternatively, a challenge in accordance with this
3704	section may be filed in advance with the supervisor of elections
3705	no sooner than 30 days before an election. The supervisor shall
3706	promptly provide the election board in the challenged voter's
3707	precinct with a copy of the oath of the person entering the
3708	challenge. The challenged voter shall be allowed to cast a
3709	provisional ballot in accordance with s. 101.048, subject to the
3710	provisions of subparagraph (b)2.
3711	Section 66.  Section 876.07, Florida Statutes, is repealed.
3712	Section 67.  Except as otherwise expressly provided in this
3713	act, this act shall take effect July 1, 2011.

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