Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1372
       
       
       
       
       
       
                                Ì8859048Î885904                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2020           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 176 - 185
    4  and insert:
    5         Section 7. Section 104.0616, Florida Statutes, is amended
    6  to read:
    7         104.0616 Vote-by-mail ballots and voting; violations.—
    8         (1) For purposes of this section, the term “immediate
    9  family” means a person’s spouse or the parent, child,
   10  grandparent, or sibling of the person or the person’s spouse.
   11         (2) Any person who provides or offers to provide, and any
   12  person who accepts, a pecuniary or other benefit in exchange for
   13  distributing, ordering, requesting, collecting, delivering, or
   14  otherwise physically possessing any more than two vote-by-mail
   15  ballots, except per election in addition to his or her own
   16  ballot, or a ballot belonging to an immediate family member, or
   17  except as provided in ss. 101.6105-101.694, commits a
   18  misdemeanor of the first degree, punishable as provided in s.
   19  775.082, s. 775.083, or s. 775.084.
   20         Section 8. Subsection (17) is added to section 901.15,
   21  Florida Statutes, to read:
   22         901.15 When arrest by officer without warrant is lawful.—A
   23  law enforcement officer may arrest a person without a warrant
   24  when:
   25         (17) There is probable cause to believe that a person has
   26  committed a violation involving a vote-by-mail ballot as
   27  provided in s. 104.0616.
   28         Section 9. Subsection (11) is added to section 106.08,
   29  Florida Statutes, to read:
   30         106.08 Contributions; limitations on; preemption.—
   31         (11)(a) A county, a municipality, or any other local
   32  governmental entity is expressly preempted from enacting or
   33  adopting:
   34         1. Contribution limits that differ from the limitations
   35  established in subsection (1);
   36         2. Any limitation or restriction involving contributions to
   37  a political committee or an electioneering communications
   38  organization; or
   39         3. Any limitation or restriction on expenditures for an
   40  electioneering communication or an independent expenditure.
   41         (b) Any existing or future limitation or restriction
   42  enacted or adopted by a county, a municipality, or any other
   43  local governmental entity which is in conflict with this
   44  subsection is void.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete lines 21 - 24
   49  and insert:
   50         104.0616, F.S.; prohibiting a person from providing,
   51         offering to provide, or accepting a pecuniary or other
   52         benefit in exchange for distributing, ordering,
   53         requesting, collecting, delivering, or otherwise
   54         physically possessing any vote-by-mail ballot;
   55         providing exceptions; providing a penalty; amending s.
   56         901.15, F.S.; authorizing a law enforcement officer to
   57         arrest a person without a warrant when probable cause
   58         exists that the person committed a specified violation
   59         involving a vote-by-mail ballot; amending s. 106.08,
   60         F.S.; preempting counties, municipalities, and other
   61         local governmental entities from enacting or adopting
   62         any limitation or restriction involving certain
   63         contributions and expenditures, or establishing
   64         contribution limits different than those established
   65         in the Florida Election Code; providing applicability;
   66         providing an