Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 7013
                                Barcode 439432                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1a/RE/3R         .                                
             04/24/2013 07:32 PM       .                                

       Senator Latvala moved the following:
    1         Senate Amendment to Amendment (166182) (with title
    2  amendment)
    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:
   86               Change of Legal Residence of Registered             
   87                                Voter                              
   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.
  101  ...(Signature of voter whose address of legal residence has
  102  changed)...
  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.
  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