Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for HB 7013
Barcode 439432
LEGISLATIVE ACTION
Senate . House
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Floor: 1a/RE/3R .
04/24/2013 07:32 PM .
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Senator Latvala moved the following:
1 Senate Amendment to Amendment (166182) (with title
2 amendment)
3
4 Delete lines 26 - 174
5 and insert:
6 Section 3. Section 98.025, Florida Statutes, is created to
7 read:
8 98.025 Supervisors of elections; noncompliant status.—
9 (1) The Secretary of State may place a supervisor of
10 elections in noncompliant status whenever that supervisor does
11 not perform one or more of the following:
12 (a) Timely file any report required by the Florida Election
13 Code.
14 (b) Ensure that ballots are distributed, collected,
15 counted, and reported in accordance with applicable law.
16 (c) Safeguard and account for voted ballots.
17 (d) Follow any statute that imposes a duty or
18 responsibility on a supervisor of elections.
19 (e) Follow rules adopted by the Department of State
20 concerning the implementation of any provision of the Florida
21 Election Code.
22 (2) The Secretary of State shall submit the written
23 decision to place or remove a supervisor of elections in
24 noncompliant status to the affected supervisor and provide a
25 copy of the decision to the Governor and the chair of the board
26 of county commissioners in the supervisor’s county.
27 (3) While a supervisor of elections is in noncompliant
28 status, the supervisor is not entitled to receive the special
29 qualification salary available pursuant to s. 145.09. When
30 removed from noncompliant status, if otherwise eligible to
31 receive the special qualification salary, the supervisor is
32 entitled to a pro rata share of the special qualification salary
33 based on the remaining period of the year.
34 (4) The Secretary of State may remove a supervisor from
35 noncompliant status after 1 year of being placed in such status,
36 provided that:
37 (a) The supervisor has complied with any of the duties
38 identified in subsection (1) while in a noncompliant status;
39 (b) The supervisor has completed during each year while in
40 noncompliant status a course of continuing education pursuant to
41 s. 145.09 as prescribed by the Division of Elections; and
42 (c) The supervisor has taken and received while in
43 noncompliant status a grade of 90 percent or greater on a
44 uniform statewide open-book examination testing the supervisor’s
45 knowledge of the Florida Election Code. The Florida State
46 Association of Supervisors of Elections shall annually develop
47 the examination, but the examination shall be approved and
48 administered by the Division of Elections.
49 (5) If a supervisor has been in noncompliant status for 3
50 consecutive years, the Secretary of State shall provide written
51 notice of such event to the Governor for consideration of
52 exercising the Governor’s authority to suspend the supervisor
53 pursuant to s. 7, Art. IV of the State Constitution.
54 (6) The decision of the Secretary of State to place a
55 supervisor of elections in noncompliant status or remove a
56 supervisor of elections from noncompliant status is exempt from
57 the provisions of chapter 120.
58 (7) This section is in addition to, and not exclusive of,
59 the authority of the Governor to suspend and remove a supervisor
60 of elections pursuant to s. 7, Art. IV of the State
61 Constitution.
62 Section 4. Section 100.061, Florida Statutes, is amended to
63 read:
64 100.061 Primary election.—In each year in which a general
65 election is held, a primary election for nomination of
66 candidates of political parties shall be held on the Tuesday 10
67 12 weeks prior to the general election. The candidate receiving
68 the highest number of votes cast in each contest in the primary
69 election shall be declared nominated for such office. If two or
70 more candidates receive an equal and highest number of votes for
71 the same office, such candidates shall draw lots to determine
72 which candidate is nominated.
73 Section 5. Paragraphs (a) and (b) of subsection (2) of
74 section 101.045, Florida Statutes, are amended to read:
75 101.045 Electors must be registered in precinct; provisions
76 for change of residence or name.—
77 (2)(a) An elector who moves from the precinct in which the
78 elector is registered may be permitted to vote in the precinct
79 to which he or she has moved his or her legal residence, if the
80 change of residence is within the same county or the precinct to
81 which the elector has moved his or her legal residence is within
82 a county that uses an electronic database as a precinct register
83 at the polling place, and the elector completes an affirmation
84 in substantially the following form:
85
86 Change of Legal Residence of Registered
87 Voter
88
89 Under penalties for false swearing, I, ...(Name of voter)...,
90 swear (or affirm) that the former address of my legal residence
91 was ...(Address of legal residence)... in the municipality of
92 ...., in .... County, Florida, and I was registered to vote in
93 the .... precinct of .... County, Florida; that I have not voted
94 in the precinct of my former registration in this election; that
95 I now reside at ...(Address of legal residence)... in the
96 Municipality of ...., in .... County, Florida, and am therefore
97 eligible to vote in the .... precinct of .... County, Florida;
98 and I further swear (or affirm) that I am otherwise legally
99 registered and entitled to vote.
100
101 ...(Signature of voter whose address of legal residence has
102 changed)...
103
104 (b) Except for an active uniformed services voter or a
105 member of his or her family and except for an elector who has
106 moved his or her legal residence to a precinct within a county
107 that uses an electronic database as a precinct register at the
108 polling place, an elector whose change of address is from
109 outside the county may not change his or her legal residence at
110 the polling place and must vote a provisional regular ballot;
111 however, such elector is entitled to vote a provisional ballot.
112
113 ================= T I T L E A M E N D M E N T ================
114 And the title is amended as follows:
115 Delete lines 1118 - 1143
116 and insert:
117 creating s. 98.025, F.S.; authorizing the Secretary of
118 State to place a supervisor of elections in
119 noncompliant status under specified conditions;
120 requiring the secretary to submit a written decision
121 of placing or removing a supervisor in noncompliant
122 status with specified persons; providing that a
123 supervisor in noncompliant status is not entitled to
124 receive the special qualification salary; providing
125 requirements to remove a supervisor from noncompliant
126 status; requiring the secretary to provide written
127 notice to the Governor if a supervisor has been in
128 noncompliant status for 3 consecutive years; amending
129 s. 100.061, F.S.; decreasing the time period between a
130 primary election and a general election; amending s.
131 101.045, F.S.; authorizing an elector to vote at the
132 polling place in the precinct to which he or she has
133 moved if such county uses an electronic database as a
134 precinct register; amending s. 101.161, F.S.;
135 providing a