Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for HB 7013 Barcode 672270 LEGISLATIVE ACTION Senate . House . . . Floor: 1p/RE/2R . 04/16/2013 06:11 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Diaz de la Portilla moved the following: 1 Senate Amendment to Amendment (301346) (with title 2 amendment) 3 4 Delete lines 5 - 50 5 and insert: 6 Section 1. Subsection (17) is added to section 97.012, 7 Florida Statutes, to read: 8 97.012 Secretary of State as chief election officer.—The 9 Secretary of State is the chief election officer of the state, 10 and it is his or her responsibility to: 11 (17) When warranted, place a supervisor of elections in 12 noncompliant status pursuant to s. 98.025. 13 Section 2. Section 97.0555, Florida Statutes, is amended to 14 read: 15 97.0555 Late registration.—An individual or accompanying 16 family member who has been discharged or separated from the 17 uniformed services or the United States Merchant Marine, has 18 returned from a combat zone or forward-deployed area, or has 19 separated from employment outside the territorial limits of the 20 United States, after the book-closing date for an election 21 pursuant to s. 97.055 and who is otherwise qualified may 22 register to vote in such election until 5 p.m. on the Friday 23 before that election in the office of the supervisor of 24 elections. Such persons must produce sufficient documentation 25 showing evidence of qualifying for late registration pursuant to 26 this section. 27 Section 3. Subsection (3) of section 97.061, Florida 28 Statutes, is amended to read: 29 97.061 Special registration for electors requiring 30 assistance.— 31 (3) The precinct register generated by the supervisor shall 32 contain a notation that such person is eligible for assistance 33 in voting, and the supervisor may make a notation on the voter 34 information card that such person is eligible for assistance in 35 voting. Such person shall be entitled to receive the assistance 36 of two election officials or some other person of his or her own 37 choice, other than the person’s employer, antheagent of the 38 person’s employer, or an officer or agent of the person’s union, 39 without the necessity of executing the “Declaration to Secure 40 Assistance” prescribed in s. 101.051, so long as the person is 41 known to the elector before election day. Such person shall 42 notify the supervisor of any change in his or her condition 43 which makes it unnecessary for him or her to receive assistance 44 in voting. An individual may not provide assistance to more than 45 10 electors during any election. 46 Section 4. Section 98.025, Florida Statutes, is created to 47 read: 48 98.025 Supervisors of elections; noncompliant status.— 49 (1) The Secretary of State may place a supervisor of 50 elections in noncompliant status whenever that supervisor does 51 not perform one or more of the following: 52 (a) Timely file any report required by the Florida Election 53 Code. 54 (b) Ensure that ballots are distributed, collected, 55 counted, and reported in accordance with applicable law. 56 (c) Safeguard and account for voted ballots. 57 (d) Follow any statute that imposes a duty or 58 responsibility on a supervisor of elections. 59 (e) Follow rules adopted by the Department of State 60 concerning the implementation of any provision of the Florida 61 Election Code. 62 (2) The Secretary of State shall submit the written 63 decision to place or remove a supervisor of elections in 64 noncompliant status to the affected supervisor and provide a 65 copy of the decision to the Governor and the chair of the board 66 of county commissioners in the supervisor’s county. 67 (3) While a supervisor of elections is in noncompliant 68 status, the supervisor is not entitled to receive the special 69 qualification salary available pursuant to s. 145.09. When 70 removed from noncompliant status, if otherwise eligible to 71 receive the special qualification salary, the supervisor is 72 entitled to a pro rata share of the special qualification salary 73 based on the remaining period of the year. 74 (4) The Secretary of State may remove a supervisor from 75 noncompliant status after 1 year of being placed in such status, 76 provided that: 77 (a) The supervisor has complied with any of the duties 78 identified in subsection (1) while in a noncompliant status. 79 (b) The supervisor has completed during each year while in 80 noncompliant status a course of continuing education pursuant to 81 s. 145.09 as prescribed by the Division of Elections; and 82 (c) The supervisor has taken and received while in 83 noncompliant status a grade of 90 percent or greater on a 84 uniform statewide open-book examination testing the supervisor’s 85 knowledge of the Florida Election Code. The Florida State 86 Association of Supervisors of Elections shall annually develop 87 the examination, but the examination shall be approved and 88 administered by the Division of Elections. 89 (5) If a supervisor has been in noncompliant status for 3 90 consecutive years, the Secretary of State shall provide written 91 notice of such event to the Governor for consideration of 92 exercising the Governor’s authority to suspend the supervisor 93 pursuant to s. 7, Art. IV of the State Constitution. 94 (6) The decision of the Secretary of State to place a 95 supervisor of elections in noncompliant status or remove a 96 supervisor of elections from noncompliant status is exempt from 97 the provisions of chapter 120. 98 (7) This section is in addition to, and not exclusive of, 99 the authority of the Governor to suspend and remove a supervisor 100 of elections pursuant to s. 7, Art. IV of the State 101 Constitution. 102 103 ================= T I T L E A M E N D M E N T ================ 104 And the title is amended as follows: 105 Delete lines 1159 - 1168 106 and insert: 107 An act relating to elections; amending s. 97.012, 108 F.S.; expanding the list of responsibilities of the 109 Secretary of State when acting in his or her capacity 110 as chief election officer; amending s. 97.0555, F.S.; 111 revising qualifications for late voter registration; 112 amending s. 97.061, F.S.; revising restrictions 113 relating to electors requiring assistance; prohibiting 114 an individual from providing assistance to more than 115 10 electors during any election; creating s. 98.025, 116 F.S.; authorizing the Secretary of State to place a 117 supervisor of elections in noncompliant status under 118 specified conditions; requiring the secretary to 119 submit a written decision of placing or removing a 120 supervisor in noncompliant status with specified 121 persons; providing that a supervisor in noncompliant 122 status is not entitled to receive the special 123 qualification salary; providing requirements to remove 124 a supervisor from noncompliant status; requiring the 125 secretary to provide written notice to the Governor if 126 a supervisor has been in noncompliant status for 3 127 consecutive years;