Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 7013
                                Barcode 605482                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/16/2013 11:42 AM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 5 - 50
    4  and insert:
    5         Section 1. Subsection (17) is added to section 97.012,
    6  Florida Statutes, to read:
    7         97.012 Secretary of State as chief election officer.—The
    8  Secretary of State is the chief election officer of the state,
    9  and it is his or her responsibility to:
   10         (17) When warranted, place a supervisor of elections in
   11  noncompliant status pursuant to s. 98.025.
   12         Section 2. Section 97.0555, Florida Statutes, is amended to
   13  read:
   14         97.0555 Late registration.—An individual or accompanying
   15  family member who has been discharged or separated from the
   16  uniformed services or the United States Merchant Marine, has
   17  returned from a combat zone or forward-deployed area, or has
   18  separated from employment outside the territorial limits of the
   19  United States, after the book-closing date for an election
   20  pursuant to s. 97.055 and who is otherwise qualified may
   21  register to vote in such election until 5 p.m. on the Friday
   22  before that election in the office of the supervisor of
   23  elections. Such persons must produce sufficient documentation
   24  showing evidence of qualifying for late registration pursuant to
   25  this section.
   26         Section 3. Subsection (3) of section 97.061, Florida
   27  Statutes, is amended to read:
   28         97.061 Special registration for electors requiring
   29  assistance.—
   30         (3) The precinct register generated by the supervisor shall
   31  contain a notation that such person is eligible for assistance
   32  in voting, and the supervisor may make a notation on the voter
   33  information card that such person is eligible for assistance in
   34  voting. Such person shall be entitled to receive the assistance
   35  of two election officials or some other person of his or her own
   36  choice, other than the person’s employer, an the agent of the
   37  person’s employer, or an officer or agent of the person’s union,
   38  without the necessity of executing the “Declaration to Secure
   39  Assistance” prescribed in s. 101.051, so long as the person is
   40  known to the elector before election day. Such person shall
   41  notify the supervisor of any change in his or her condition
   42  which makes it unnecessary for him or her to receive assistance
   43  in voting. An individual may not provide assistance to more than
   44  10 electors during any election.
   45         Section 4. Section 98.025, Florida Statutes, is created to
   46  read:
   47         98.025Supervisors of elections; noncompliant status.—
   48         (1) The Secretary of State may place a supervisor of
   49  elections in noncompliant status whenever that supervisor does
   50  not perform one or more of the following:
   51         (a) Timely file any report required by the Florida Election
   52  Code.
   53         (b) Ensure that ballots are distributed, collected,
   54  counted, and reported in accordance with applicable law.
   55         (c) Safeguard and account for voted ballots.
   56         (d) Follow any statute that imposes a duty or
   57  responsibility on a supervisor of elections.
   58         (e) Follow rules adopted by the Department of State
   59  concerning the implementation of any provision of the Florida
   60  Election Code.
   61         (2) The Secretary of State shall submit the written
   62  decision to place or remove a supervisor of elections in
   63  noncompliant status to the affected supervisor and provide a
   64  copy of the decision to the Governor and the chair of the board
   65  of county commissioners in the supervisor’s county.
   66         (3) While a supervisor of elections is in noncompliant
   67  status, the supervisor is not entitled to receive the special
   68  qualification salary available pursuant to s. 145.09. When
   69  removed from noncompliant status, if otherwise eligible to
   70  receive the special qualification salary, the supervisor is
   71  entitled to a pro rata share of the special qualification salary
   72  based on the remaining period of the year.
   73         (4) The Secretary of State may remove a supervisor from
   74  noncompliant status after 1 year of being placed in such status,
   75  provided that:
   76         (a) The supervisor has complied with any of the duties
   77  identified in subsection (1) while in a noncompliant status.
   78         (b) The supervisor has completed during each year while in
   79  noncompliant status a course of continuing education pursuant to
   80  s. 145.09 as prescribed by the Division of Elections; and
   81         (c) The supervisor has taken and received while in
   82  noncompliant status a grade of 90 percent or greater on a
   83  uniform statewide open-book examination testing the supervisor’s
   84  knowledge of the Florida Election Code. The Florida State
   85  Association of Supervisors of Elections shall annually develop
   86  the examination, but the examination shall be approved and
   87  administered by the Division of Elections.
   88         (5) If a supervisor has been in noncompliant status for 3
   89  consecutive years, the Secretary of State shall provide written
   90  notice of such event to the Governor for consideration of
   91  exercising the Governor’s authority to suspend the supervisor
   92  pursuant to s. 7, Art. IV of the State Constitution.
   93         (6) The decision of the Secretary of State to place a
   94  supervisor of elections in noncompliant status or remove a
   95  supervisor of elections from noncompliant status is exempt from
   96  the provisions of chapter 120.
   97         (7) This section is in addition to, and not exclusive of,
   98  the authority of the Governor to suspend and remove a supervisor
   99  of elections pursuant to s. 7, Art. IV of the State
  100  Constitution.
  102  ================= T I T L E  A M E N D M E N T ================
  103         And the title is amended as follows:
  104         Delete lines 1159 - 1168
  105  and insert:
  106         An act relating to elections; amending s. 97.012,
  107         F.S.; expanding the list of responsibilities of the
  108         Secretary of State when acting in his or her capacity
  109         as chief election officer; amending s. 97.0555, F.S.;
  110         revising qualifications for late voter registration;
  111         amending s. 97.061, F.S.; revising restrictions
  112         relating to electors requiring assistance; prohibiting
  113         an individual from providing assistance to more than
  114         10 electors during any election; creating s. 98.025,
  115         F.S.; authorizing the Secretary of State to place a
  116         supervisor of elections in noncompliant status under
  117         specified conditions; requiring the secretary to
  118         submit a written decision of placing or removing a
  119         supervisor in noncompliant status with specified
  120         persons; providing that a supervisor in noncompliant
  121         status is not entitled to receive the special
  122         qualification salary; providing requirements to remove
  123         a supervisor from noncompliant status; requiring the
  124         secretary to provide written notice to the Governor if
  125         a supervisor has been in noncompliant status for 3
  126         consecutive years;