Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1325, 1st Eng.
       
       
       
       
       
       
                                Ì646064+Î646064                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RS/2R         .                                
             05/05/2017 03:17 PM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 131 - 459
    4  and insert:
    5         Section 3. Paragraph (a) of subsection (7) of section
    6  99.061, Florida Statutes, is amended to read:
    7         99.061 Method of qualifying for nomination or election to
    8  federal, state, county, or district office.—
    9         (7)(a) In order for a candidate to be qualified, the
   10  following items must be received by the filing officer by the
   11  end of the qualifying period:
   12         1. A money order or cashier’s check properly executed check
   13  drawn upon funds in the candidate’s campaign account payable to
   14  the person or entity as prescribed by the filing officer in an
   15  amount not less than the fee required by s. 99.092, unless the
   16  candidate obtained the required number of signatures on
   17  petitions pursuant to s. 99.095. The filing fee for a special
   18  district candidate is not required to be drawn upon funds in the
   19  candidate’s campaign account. If a candidate’s check is returned
   20  by the bank for any reason, the filing officer shall immediately
   21  notify the candidate and the candidate shall have until the end
   22  of qualifying to pay the fee with a cashier’s check purchased
   23  from funds of the campaign account. Failure to pay the fee as
   24  provided in this subparagraph shall disqualify the candidate.
   25         2. The candidate’s oath required by s. 99.021, which must
   26  contain the name of the candidate as it is to appear on the
   27  ballot; the office sought, including the district or group
   28  number if applicable; and the signature of the candidate, which
   29  must be verified under oath or affirmation pursuant to s.
   30  92.525(1)(a).
   31         3. If the office sought is partisan, the written statement
   32  of political party affiliation required by s. 99.021(1)(b).
   33         4. The completed form for the appointment of campaign
   34  treasurer and designation of campaign depository, as required by
   35  s. 106.021.
   36         5. The full and public disclosure or statement of financial
   37  interests required by subsection (5). A public officer who has
   38  filed the full and public disclosure or statement of financial
   39  interests with the Commission on Ethics or the supervisor of
   40  elections prior to qualifying for office may file a copy of that
   41  disclosure at the time of qualifying.
   42         Section 4. Present subsections (3) and (4) of section
   43  100.011, Florida Statutes, are renumbered as subsections (4) and
   44  (5), respectively, and a new subsection (3) is added to that
   45  section to read:
   46         100.011 Opening and closing of polls, all elections;
   47  expenses.—
   48         (3)A court may not extend the official time of closing of
   49  the polls unless there is a specific showing or finding of fact
   50  that extraordinary circumstances exist to justify the extension.
   51  Extraordinary circumstances may include an act of God or any
   52  other circumstance that materially impairs the physical
   53  operation of the polling equipment.
   54         Section 5. Effective July 1, 2020, section 100.3605,
   55  Florida Statutes, is amended to read:
   56         100.3605 Conduct of municipal elections.—
   57         (1) The Florida Election Code, chapters 97-106, shall
   58  govern the conduct of a municipality’s election in the absence
   59  of an applicable special act, charter, or ordinance provision.
   60  No charter or ordinance provision shall be adopted which
   61  conflicts with or exempts a municipality from any provision in
   62  the Florida Election Code that expressly applies to
   63  municipalities.
   64         (2)(a)The governing body of a municipality shall determine
   65  if an election for municipal office is held on one of the
   66  following dates:
   67         1. The same date as the general election;
   68         2. The first Tuesday after the first Monday in November in
   69  an odd-numbered year; or
   70         3. The third Tuesday in March except, in a presidential
   71  election year, on the date of the presidential preference
   72  primary.
   73         (b)If a municipal charter or ordinance requires a runoff
   74  election for municipal office, the governing body of a
   75  municipality shall conduct its elections in one of the following
   76  formats:
   77         1.The initial election shall be held at the primary
   78  election on the Tuesday 10 weeks before the general election and
   79  the runoff election shall be held on the same date as the
   80  general election.
   81         2.The initial election shall be held at an election on the
   82  Tuesday 10 weeks before the election held on the first Tuesday
   83  after the first Monday in November in an odd-numbered year and
   84  the runoff election shall be held at an election on the first
   85  Tuesday after the first Monday in November in an odd-numbered
   86  year.
   87         3.The initial election shall be held at an election on the
   88  Tuesday 10 weeks before the third Tuesday in March and the
   89  runoff election shall be held at an election on the third
   90  Tuesday in March. However, in a presidential election year, the
   91  initial election shall be held on the Tuesday 10 weeks before
   92  the date of the presidential preference primary and the runoff
   93  election shall be held on the date of the presidential
   94  preference primary.
   95         (c)This subsection does not affect the manner in which
   96  vacancies in municipal office are filled or recall elections for
   97  municipal officers are conducted.
   98         (d)Notwithstanding any general law, special law, local
   99  law, municipal charter, or municipal ordinance, this subsection
  100  provides the exclusive method for establishing the dates of
  101  elections for municipal office in this state. Any general law,
  102  special law, local law, municipal charter, or municipal
  103  ordinance that conflicts with this subsection is superseded to
  104  the extent of the conflict.
  105         (3) The governing body of a municipality may, by ordinance,
  106  change the dates for qualifying and for the election of members
  107  of the governing body of the municipality and provide for the
  108  orderly transition of office resulting from election such date
  109  changes.
  110         Section 6. Effective July 1, 2020, subsection (4) of
  111  section 100.361, Florida Statutes, is amended to read:
  112         100.361 Municipal recall.—
  113         (4) RECALL ELECTION.—If the person designated in the
  114  petition files with the clerk, within 5 days after the last
  115  mentioned notice, his or her written resignation, the clerk
  116  shall at once notify the governing body of that fact, and the
  117  resignation shall be irrevocable. The governing body shall then
  118  proceed to fill the vacancy according to the provisions of the
  119  appropriate law. In the absence of a resignation, the chief
  120  judge of the judicial circuit in which the municipality is
  121  located shall fix a day for holding a recall election for the
  122  removal of those not resigning. Any such election shall be held
  123  not less than 30 days or more than 60 days after the expiration
  124  of the 5-day period last-mentioned and at the same time as any
  125  other general, municipal, or special election held within the
  126  period; but if no such election is to be held within that
  127  period, the judge shall call a special recall election to be
  128  held within the period aforesaid.
  129         Section 7. Subsection (3) of section 101.131, Florida
  130  Statutes, is amended to read:
  131         101.131 Watchers at polls.—
  132         (3) Any elected official, No candidate, or sheriff, deputy
  133  sheriff, police officer, or other law enforcement officer may
  134  not be designated as a poll watcher.
  135         Section 8. Subsection (10) is added to section 101.151,
  136  Florida Statutes, to read:
  137         101.151 Specifications for ballots.—
  138         (10)With respect to any certified voting system that uses
  139  a voter interface device to designate the elector’s ballot
  140  selections on a printed sheet of paper, this section, s.
  141  101.161, and ss. 101.2512-101.254 that prescribe the ballot
  142  layout apply only to the display of candidates and issues on the
  143  voter interface device.
  144         Section 9. Subsection (2) of section 101.20, Florida
  145  Statutes, is amended to read:
  146         101.20 Publication of ballot form; sample ballots.—
  147         (2) Upon completion of the list of qualified candidates and
  148  before the day of an election, a sample ballot shall be
  149  published by the supervisor of elections in a newspaper of
  150  general circulation in the county unless the supervisor mails a
  151  sample ballot to each registered elector or to each household in
  152  which there is a registered elector at least 7 days, before the
  153  day of an election. A supervisor may send a sample ballot to
  154  each registered elector by e-mail at least 7 days before the day
  155  of an election if an e-mail address has been provided and the
  156  elector has opted to receive a sample ballot by electronic
  157  delivery. If an e-mail address has not been provided, or if the
  158  elector has not opted for electronic delivery, a sample ballot
  159  may be mailed to each registered elector or to each household in
  160  which there is a registered elector at least 7 days before an
  161  election.
  162         Section 10. Subsection (5) of section 101.5603, Florida
  163  Statutes, is amended to read:
  164         101.5603 Definitions relating to Electronic Voting Systems
  165  Act.—As used in this act, the term:
  166         (5) “Marking device” means any approved device for marking
  167  a ballot with ink or other substance, including through a voter
  168  interface device, which will enable the ballot to be tabulated
  169  by means of automatic tabulating equipment.
  170         Section 11. Subsection (1) of section 101.56075, Florida
  171  Statutes, is amended to read:
  172         101.56075 Voting methods.—
  173         (1) Except as provided in subsection (2), all voting shall
  174  be by marksense ballot using utilizing a marking device for the
  175  purpose of designating ballot selections.
  176         Section 12. Effective July 1, 2020, section 101.75, Florida
  177  Statutes, is repealed.
  178         Section 13. Paragraph (a) of subsection (5) of section
  179  105.031, Florida Statutes, is amended to read:
  180         105.031 Qualification; filing fee; candidate’s oath; items
  181  required to be filed.—
  182         (5) ITEMS REQUIRED TO BE FILED.—
  183         (a) In order for a candidate for judicial office or the
  184  office of school board member to be qualified, the following
  185  items must be received by the filing officer by the end of the
  186  qualifying period:
  187         1. Except for candidates for retention to judicial office,
  188  a money order or cashier’s check properly executed check drawn
  189  upon funds in the candidate’s campaign account in an amount not
  190  less than the fee required by subsection (3) or, in lieu
  191  thereof, the copy of the notice of obtaining ballot position
  192  pursuant to s. 105.035. If a candidate’s check is returned by
  193  the bank for any reason, the filing officer shall immediately
  194  notify the candidate and the candidate shall, the end of
  195  qualifying notwithstanding, have 48 hours from the time such
  196  notification is received, excluding Saturdays, Sundays, and
  197  legal holidays, to pay the fee with a cashier’s check purchased
  198  from funds of the campaign account. Failure to pay the fee as
  199  provided in this subparagraph shall disqualify the candidate.
  200         2. The candidate’s oath required by subsection (4), which
  201  must contain the name of the candidate as it is to appear on the
  202  ballot; the office sought, including the district or group
  203  number if applicable; and the signature of the candidate, duly
  204  acknowledged.
  205         3. The loyalty oath required by s. 876.05, signed by the
  206  candidate and duly acknowledged.
  207         4. The completed form for the appointment of campaign
  208  treasurer and designation of campaign depository, as required by
  209  s. 106.021. In addition, each candidate for judicial office,
  210  including an incumbent judge, shall file a statement with the
  211  qualifying officer, within 10 days after filing the appointment
  212  of campaign treasurer and designation of campaign depository,
  213  stating that the candidate has read and understands the
  214  requirements of the Florida Code of Judicial Conduct. Such
  215  statement shall be in substantially the following form:
  216  
  217             Statement of Candidate for Judicial Office            
  218  
  219  I, ...(name of candidate)..., a judicial candidate, have
  220  received, read, and understand the requirements of the Florida
  221  Code of Judicial Conduct.
  222  ...(Signature of candidate)...
  223  ...(Date)...
  224  
  225         5. The full and public disclosure of financial interests
  226  required by s. 8, Art. II of the State Constitution or the
  227  statement of financial interests required by s. 112.3145,
  228  whichever is applicable. A public officer who has filed the full
  229  and public disclosure or statement of financial interests with
  230  the Commission on Ethics or the supervisor of elections prior to
  231  qualifying for office may file a copy of that disclosure at the
  232  time of qualifying.
  233  
  234  ================= T I T L E  A M E N D M E N T ================
  235  And the title is amended as follows:
  236         Delete lines 13 - 48
  237  and insert:
  238         exemption; amending s. 99.061, F.S.; requiring a
  239         candidate to provide a money order or cashier’s check
  240         drawn upon his or her campaign account to the filing
  241         officer to pay his or her qualifying fee; deleting
  242         provisions regarding returned checks, to conform;
  243         amending s. 100.011, F.S.; prohibiting a court from
  244         extending the official time of closing of the polls
  245         except under certain circumstances; amending s.
  246         100.3605, F.S.; requiring the governing body of a
  247         municipality to determine the date on which initial
  248         and runoff elections for municipal office are held and
  249         providing options therefor; preempting the state the
  250         authority to establish election dates for municipal
  251         elections; providing construction; amending s.
  252         100.361, F.S.; requiring municipal recall elections to
  253         be held concurrently with municipal elections under
  254         certain conditions; amending s. 101.131, F.S.;
  255         prohibiting an elected official from being designated
  256         as a poll watcher; amending s. 101.151, F.S.;
  257         providing applicability of specified ballot
  258         requirements to a voter interface device; amending s.
  259         101.20, F.S.; providing an exception to the
  260         requirement that a sample ballot be published by the
  261         supervisor of elections in a newspaper of general
  262         circulation in the county; amending ss. 101.5603 and
  263         101.56075, F.S.; conforming provisions to changes made
  264         by the act; repealing s. 101.75, F.S., relating to
  265         change of dates for cause in municipal elections;
  266         amending s. 105.031, F.S.; requiring certain
  267         nonpartisan candidates to provide a money order or
  268         cashier’s check drawn upon his or her campaign account
  269         to the filing officer to pay his or her qualifying
  270         fee; deleting provisions regarding returned checks, to
  271         conform; amending s. 121.121, F.S.;