Florida Senate - 2020                                     SB 442
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00026-20                                            2020442__
    1                        A bill to be entitled                      
    2         An act relating to primary elections; amending s.
    3         100.061, F.S.; requiring that a universal primary
    4         election open to all qualified electors, regardless of
    5         political party affiliation or lack thereof, be held
    6         for purposes of selecting candidates for specified
    7         federal, state, local, and district offices;
    8         specifying that the candidates receiving the highest
    9         and next highest number of votes in the universal
   10         primary election advance to the general election;
   11         modifying procedures in the event of a tied vote
   12         between candidates; amending s. 101.151, F.S.;
   13         modifying ballot layout requirements to conform to the
   14         addition of the universal primary election; amending
   15         ss. 97.021, 99.061, 99.063, 99.0955, 100.051, 100.081,
   16         100.111, 100.191, 101.021, 101.2512, 101.252,
   17         101.5606, 101.6952, 102.131, 102.151, 102.168,
   18         102.1685, 102.171, 104.071, 104.31, 105.071, 106.011,
   19         106.021, 106.03, 106.12, 106.143, 106.15, 106.18,
   20         112.313, and 112.3145, F.S.; conforming provisions and
   21         terminology to changes made by the act; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 100.061, Florida Statutes, is amended to
   27  read:
   28         100.061 Universal primary election.—In each year in which a
   29  general election is held, a universal primary election to select
   30  for nomination of candidates for Governor and Lieutenant
   31  Governor, any Cabinet office, the Legislature, United States
   32  Representative, United States Senator, the office of state
   33  attorney or public defender, or any county, municipal, or
   34  district office of political parties shall be held on the
   35  Tuesday 11 weeks before prior to the general election. All
   36  candidates for those particular offices, regardless of the
   37  candidate’s party affiliation or lack of party affiliation, must
   38  appear on a single ballot, and the two candidates receiving the
   39  highest and next highest number of votes for that office shall,
   40  regardless of their party affiliation, advance to the general
   41  election The candidate receiving the highest number of votes
   42  cast in each contest in the primary election shall be declared
   43  nominated for such office. All qualified electors, regardless of
   44  their party affiliation or lack of party affiliation, may vote
   45  in the primary election for those offices. Regardless of whether
   46  a candidate for an office specified in this section receives a
   47  majority of the votes cast for such office in the primary
   48  election, the names of the two candidates receiving the highest
   49  number of votes for such office must be placed on the general
   50  election ballot. If two or more candidates receive an equal and
   51  highest number of votes for the same office, the name of each
   52  candidate receiving an equal and highest number of votes must be
   53  placed on the general election ballot. In any contest in which
   54  there is a tie for second place, the candidates tying for second
   55  such candidates shall draw lots to determine which candidate
   56  advances to the general election is nominated.
   57         Section 2. Paragraphs (b) and (c) of subsection (2),
   58  subsection (3), and paragraph (a) of subsection (4) of section
   59  101.151, Florida Statutes, are amended to read:
   60         101.151 Specifications for ballots.—
   61         (2)
   62         (b) In a primary general election, in addition to the names
   63  printed on the ballot, a blank space must shall be provided
   64  under each office for which a write-in candidate has qualified.
   65  With respect to write-in candidates, if two or more candidates
   66  are seeking election to one office, only one blank space must
   67  shall be provided.
   68         (c) When more than one candidate files is nominated for
   69  office, the candidates for such office shall qualify and run in
   70  a group or district, and the group or district number must shall
   71  be printed beneath the name of the office. The two candidates
   72  who received the highest number of votes Each nominee of a
   73  political party chosen in the a primary election must shall
   74  appear on the general election ballot in the same numbered group
   75  or district as on the primary election ballot.
   76         (3)(a) For candidates for an office that is subject to a
   77  universal primary election under s. 100.061, the names of the
   78  two candidates who received the highest number of votes in the
   79  primary election must be arranged alphabetically as to surnames
   80  on the general election ballot, together with an appropriate
   81  abbreviation of the party name if the candidate is seeking
   82  office with a political party affiliation.
   83         (b) For any other office not otherwise subject to paragraph
   84  (a):
   85         1. The names of the candidates of the party that received
   86  the highest number of votes for Governor in the last election in
   87  which a Governor was elected must shall be placed first for each
   88  office on the general election ballot, together with an
   89  appropriate abbreviation of the party name; the names of the
   90  candidates of the party that received the second highest vote
   91  for Governor must shall be placed second for each office,
   92  together with an appropriate abbreviation of the party name.
   93         2.(b) Minor political party candidates shall have their
   94  names appear on the general election ballot following the names
   95  of recognized political parties, in the same order as they were
   96  qualified, followed by the names of candidates with no party
   97  affiliation, in the order as they were qualified.
   98         (4)(a) The names of candidates for each office must shall
   99  be arranged alphabetically as to surnames on a primary election
  100  ballot, together with an appropriate abbreviation of the party
  101  name if the candidate is seeking office with a political party
  102  affiliation.
  103         Section 3. Subsections (6), (30), (35), and (36) of section
  104  97.021, Florida Statutes, are amended to read:
  105         97.021 Definitions.—For the purposes of this code, except
  106  where the context clearly indicates otherwise, the term:
  107         (6) “Candidate” means any person to whom any one or more of
  108  the following applies:
  109         (a) Any person who seeks to qualify for nomination or
  110  election by means of the petitioning process.
  111         (b) Any person who seeks to qualify for election as a
  112  write-in candidate.
  113         (c) Any person who receives contributions or makes
  114  expenditures, or gives his or her consent for any other person
  115  to receive contributions or make expenditures, with a view to
  116  bringing about his or her nomination or election to, or
  117  retention in, public office.
  118         (d) Any person who appoints a treasurer and designates a
  119  primary depository.
  120         (e) Any person who files qualification papers and
  121  subscribes to a candidate’s oath as required by law.
  122  
  123  However, this definition does not include any candidate for a
  124  political party executive committee.
  125         (30) “Primary election” or “universal primary election”
  126  means an election held preceding the general election for the
  127  purpose of determining the candidates nominating a party nominee
  128  to be voted on for in the general election to fill a national,
  129  state, county, or district office.
  130         (35) “Special election” is a special election called for
  131  the purpose of voting on a candidate party nominee to fill a
  132  vacancy in the national, state, county, or district office.
  133         (36) “Special primary election” is a special nomination
  134  election designated by the Governor, called for the purpose of
  135  determining the candidates nominating a party nominee to be
  136  voted on in a general or special election.
  137         Section 4. Section 99.061, Florida Statutes, is amended to
  138  read:
  139         99.061 Method of qualifying for nomination or election to
  140  federal, state, county, or district office.—
  141         (1) The provisions of any special act to the contrary
  142  notwithstanding, each person seeking to qualify for nomination
  143  or election to a federal, state, or multicounty district office,
  144  other than election to a judicial office as defined in chapter
  145  105 or the office of school board member, shall file his or her
  146  qualification papers with, and pay the qualifying fee, which
  147  shall consist of the filing fee and election assessment, and
  148  party assessment, if any has been levied, to, the Department of
  149  State, or qualify by the petition process pursuant to s. 99.095
  150  with the Department of State, at any time after noon of the 1st
  151  day for qualifying, which shall be as follows: the 120th day
  152  before prior to the primary election, but not later than noon of
  153  the 116th day before prior to the date of the primary election,
  154  for persons seeking to qualify for nomination or election to
  155  federal office or to the office of the state attorney or the
  156  public defender; and noon of the 71st day before prior to the
  157  primary election, but not later than noon of the 67th day before
  158  prior to the date of the primary election, for persons seeking
  159  to qualify for nomination or election to a state or multicounty
  160  district office, other than the office of the state attorney or
  161  the public defender.
  162         (2) The provisions of any special act to the contrary
  163  notwithstanding, each person seeking to qualify for nomination
  164  or election to a county office, or district office not covered
  165  by subsection (1), shall file his or her qualification papers
  166  with, and pay the qualifying fee, which shall consist of the
  167  filing fee and election assessment, and party assessment, if any
  168  has been levied, to, the supervisor of elections of the county,
  169  or shall qualify by the petition process pursuant to s. 99.095
  170  with the supervisor of elections, at any time after noon of the
  171  1st day for qualifying, which shall be the 71st day before prior
  172  to the primary election, but not later than noon of the 67th day
  173  before prior to the date of the primary election. Within 30 days
  174  after the closing of qualifying time, the supervisor of
  175  elections shall remit to the secretary of the state executive
  176  committee of the political party to which the candidate belongs
  177  the amount of the filing fee, two-thirds of which shall be used
  178  to promote the candidacy of candidates for county offices and
  179  the candidacy of members of the Legislature.
  180         (3) Notwithstanding the provisions of any special act to
  181  the contrary, each person seeking to qualify for election to a
  182  special district office shall qualify between noon of the 71st
  183  day prior to the primary election and noon of the 67th day prior
  184  to the date of the primary election. Candidates for single
  185  county special districts shall qualify with the supervisor of
  186  elections in the county in which the district is located. If the
  187  district is a multicounty district, candidates shall qualify
  188  with the Department of State. All special district candidates
  189  shall qualify by paying a filing fee of $25 or qualify by the
  190  petition process pursuant to s. 99.095. Notwithstanding s.
  191  106.021, a candidate who does not collect contributions and
  192  whose only expense is the filing fee or signature verification
  193  fee is not required to appoint a campaign treasurer or designate
  194  a primary campaign depository.
  195         (4)(a) Each person seeking to qualify for election to
  196  office as a write-in candidate shall file his or her
  197  qualification papers with the respective qualifying officer at
  198  any time after noon of the 1st day for qualifying, but not later
  199  than noon of the last day of the qualifying period for the
  200  office sought.
  201         (b) Any person who is seeking election as a write-in
  202  candidate is shall not be required to pay a filing fee, election
  203  assessment, or party assessment. A write-in candidate is not
  204  entitled to have his or her name printed on any ballot; however,
  205  space for the write-in candidate’s name to be written in must be
  206  provided on the primary general election ballot or the general
  207  election ballot if the write-in candidate is seeking an office
  208  that is not subject to a universal primary election. A person
  209  may not qualify as a write-in candidate if the person has also
  210  otherwise qualified for nomination or election to such office.
  211         (5) At the time of qualifying for office, each candidate
  212  for a constitutional office shall file a full and public
  213  disclosure of financial interests pursuant to s. 8, Art. II of
  214  the State Constitution, which must be verified under oath or
  215  affirmation pursuant to s. 92.525(1)(a), and a candidate for any
  216  other office, including local elective office, shall file a
  217  statement of financial interests pursuant to s. 112.3145.
  218         (6) The Department of State shall certify to the supervisor
  219  of elections, within 7 days after the closing date for
  220  qualifying, the names of all duly qualified candidates for
  221  nomination or election who have qualified with the Department of
  222  State.
  223         (7)(a) In order for a candidate to be qualified, the
  224  following items must be received by the filing officer by the
  225  end of the qualifying period:
  226         1. A properly executed check drawn upon the candidate’s
  227  campaign account payable to the person or entity as prescribed
  228  by the filing officer in an amount not less than the fee
  229  required by s. 99.092, unless the candidate obtained the
  230  required number of signatures on petitions pursuant to s.
  231  99.095. The filing fee for a special district candidate is not
  232  required to be drawn upon the candidate’s campaign account. If a
  233  candidate’s check is returned by the bank for any reason, the
  234  filing officer shall immediately notify the candidate and the
  235  candidate shall have until the end of qualifying to pay the fee
  236  with a cashier’s check purchased from funds of the campaign
  237  account. Failure to pay the fee as provided in this subparagraph
  238  shall disqualify the candidate.
  239         2. The candidate’s oath required by s. 99.021, which must
  240  contain the name of the candidate as it is to appear on the
  241  ballot; the office sought, including the district or group
  242  number if applicable; and the signature of the candidate, which
  243  must be verified under oath or affirmation pursuant to s.
  244  92.525(1)(a).
  245         3. If the candidate is running with a political party
  246  affiliation office sought is partisan, the written statement of
  247  political party affiliation required by s. 99.021(1)(b).
  248         4. The completed form for the appointment of campaign
  249  treasurer and designation of campaign depository, as required by
  250  s. 106.021.
  251         5. The full and public disclosure or statement of financial
  252  interests required by subsection (5). A public officer who has
  253  filed the full and public disclosure or statement of financial
  254  interests with the Commission on Ethics or the supervisor of
  255  elections before prior to qualifying for office may file a copy
  256  of that disclosure at the time of qualifying.
  257         (b) If the filing officer receives qualifying papers during
  258  the qualifying period prescribed in this section which do not
  259  include all items as required by paragraph (a) before prior to
  260  the last day of qualifying, the filing officer shall make a
  261  reasonable effort to notify the candidate of the missing or
  262  incomplete items and shall inform the candidate that all
  263  required items must be received by the close of qualifying. A
  264  candidate’s name as it is to appear on the ballot may not be
  265  changed after the end of qualifying.
  266         (c) The filing officer performs a ministerial function in
  267  reviewing qualifying papers. In determining whether a candidate
  268  is qualified, the filing officer shall review the qualifying
  269  papers to determine whether all items required by paragraph (a)
  270  have been properly filed and whether each item is complete on
  271  its face, including whether items that must be verified have
  272  been properly verified pursuant to s. 92.525(1)(a). The filing
  273  officer may not determine whether the contents of the qualifying
  274  papers are accurate.
  275         (8) Notwithstanding the qualifying period prescribed in
  276  this section, a qualifying office may accept and hold qualifying
  277  papers submitted not earlier than 14 days before prior to the
  278  beginning of the qualifying period, to be processed and filed
  279  during the qualifying period.
  280         (9) Notwithstanding the qualifying period prescribed by
  281  this section, in each year in which the Legislature apportions
  282  the state, the qualifying period for persons seeking to qualify
  283  for nomination or election to federal office shall be between
  284  noon of the 71st day before prior to the primary election, but
  285  not later than noon of the 67th day before prior to the primary
  286  election.
  287         (10) The Department of State may prescribe by rule
  288  requirements for filing papers to qualify as a candidate under
  289  this section.
  290         (11) The decision of the filing officer concerning whether
  291  a candidate is qualified is exempt from the provisions of
  292  chapter 120.
  293         Section 5. Subsections (1) and (2) of section 99.063,
  294  Florida Statutes, are amended to read:
  295         99.063 Candidates for Governor and Lieutenant Governor.—
  296         (1) No later than 5 p.m. of the 9th day following the
  297  primary election, each candidate for Governor who has advanced
  298  from the primary election shall designate a Lieutenant Governor
  299  as a running mate. Such designation must be made in writing to
  300  the Department of State.
  301         (2) No later than 5 p.m. of the 9th day following the
  302  primary election, each designated candidate for Lieutenant
  303  Governor shall file with the Department of State:
  304         (a) The candidate’s oath required by s. 99.021, which must
  305  contain the name of the candidate as it is to appear on the
  306  ballot; the office sought; and the signature of the candidate,
  307  which must be verified under oath or affirmation pursuant to s.
  308  92.525(1)(a).
  309         (b) If the candidate is running with a political party
  310  affiliation office sought is partisan, the written statement of
  311  political party affiliation required by s. 99.021(1)(b).
  312         (c) The full and public disclosure of financial interests
  313  pursuant to s. 8, Art. II of the State Constitution. A public
  314  officer who has filed the full and public disclosure with the
  315  Commission on Ethics before prior to qualifying for office may
  316  file a copy of that disclosure at the time of qualifying.
  317         Section 6. Section 99.0955, Florida Statutes, is amended to
  318  read:
  319         99.0955 Candidates with no party affiliation; name on
  320  general election ballot.—
  321         (1) Each person seeking to qualify for election as a
  322  candidate with no party affiliation shall file his or her
  323  qualifying papers and pay the qualifying fee or qualify by the
  324  petition process pursuant to s. 99.095 with the officer and
  325  during the times and under the circumstances prescribed in s.
  326  99.061. Upon qualifying, the candidate is entitled to have his
  327  or her name placed on the primary general election ballot, or
  328  the general election ballot if the candidate is seeking an
  329  office that is not subject to a universal primary election.
  330         (2) The qualifying fee for candidates with no party
  331  affiliation consists shall consist of a filing fee and an
  332  election assessment as prescribed in s. 99.092. Filing fees paid
  333  to the Department of State shall be deposited into the General
  334  Revenue Fund of the state. Filing fees paid to the supervisor of
  335  elections shall be deposited into the general revenue fund of
  336  the county.
  337         Section 7. Section 100.051, Florida Statutes, is amended to
  338  read:
  339         100.051 Candidate’s name on general election ballot.—The
  340  supervisor of elections of each county shall print on ballots to
  341  be used in the county at the next general election the names of
  342  candidates who advanced from the primary election or have been
  343  nominated by a political party and the candidates who have
  344  otherwise obtained a position on the general election ballot in
  345  compliance with the requirements of this code.
  346         Section 8. Section 100.081, Florida Statutes, is amended to
  347  read:
  348         100.081 Nomination of County commissioners at primary
  349  election.—The primary election must shall provide for the
  350  selection nomination of candidates for the office of county
  351  commissioner to advance to the general election commissioners by
  352  the qualified electors of such county at the time and place set
  353  for voting on other county officers.
  354         Section 9. Paragraphs (b) and (c) of subsection (1) and
  355  subsections (2), (3), and (4) of section 100.111, Florida
  356  Statutes, are amended to read:
  357         100.111 Filling vacancy.—
  358         (1)
  359         (b) If such a vacancy occurs before prior to the first day
  360  set by law for qualifying for election to office at such general
  361  election, any person seeking nomination or election to the
  362  unexpired portion of the term must shall qualify within the time
  363  prescribed by law for qualifying for other offices to be filled
  364  by election at such general election.
  365         (c) If such a vacancy occurs before prior to the primary
  366  election but on or after the first day set by law for
  367  qualifying, the Secretary of State must shall set dates for
  368  qualifying for the unexpired portion of the term of such office.
  369  Any person seeking nomination or election to the unexpired
  370  portion of the term shall qualify within the time set by the
  371  Secretary of State. If time does not permit party nominations to
  372  be made in conjunction with the primary election, the Governor
  373  may call a special primary election to select party nominees for
  374  the unexpired portion of such term.
  375         (2) Whenever there is a vacancy for which a special
  376  election is required pursuant to s. 100.101, the Governor, after
  377  consultation with the Secretary of State, shall fix the dates of
  378  a special primary election and a special election. The two
  379  candidates who receive the highest number of votes Nominees of
  380  political parties shall be chosen under the primary laws of this
  381  state in the special primary election shall advance to become
  382  candidates in the special election. Before Prior to setting the
  383  special election dates, the Governor shall consider any upcoming
  384  elections in the jurisdiction where the special election will be
  385  held. The dates fixed by the Governor shall be specific days
  386  certain and may shall not be established by the happening of a
  387  condition or stated in the alternative. However, if only two
  388  candidates, excluding any write-in candidates, qualify for the
  389  office for which the special election is required and the
  390  special election is not held concurrently with a general
  391  election, the special primary election shall be suspended and
  392  the date previously fixed by the Governor for the special
  393  primary election shall become the special election. The dates
  394  fixed shall provide a minimum of 2 weeks between each election.
  395  In the event a vacancy occurs in the office of state senator or
  396  member of the House of Representatives when the Legislature is
  397  in regular legislative session, the minimum times prescribed by
  398  this subsection may be waived upon concurrence of the Governor,
  399  the Speaker of the House of Representatives, and the President
  400  of the Senate. If a vacancy occurs in the office of state
  401  senator and no session of the Legislature is scheduled to be
  402  held before prior to the next general election, the Governor may
  403  fix the dates for the special primary election and for the
  404  special election to coincide with the dates of the primary
  405  election and general election. If a vacancy in office occurs in
  406  any district in the state Senate or House of Representatives or
  407  in any congressional district, and no session of the
  408  Legislature, or session of Congress if the vacancy is in a
  409  congressional district, is scheduled to be held during the
  410  unexpired portion of the term, the Governor is not required to
  411  call a special election to fill such vacancy.
  412         (a) The dates for candidates to qualify in such special
  413  election or special primary election shall be fixed by the
  414  Department of State, and candidates shall qualify not later than
  415  noon of the last day so fixed. The dates fixed for qualifying
  416  shall allow a minimum of 14 days between the last day of
  417  qualifying and the special primary election.
  418         (b) The filing of campaign expense statements by candidates
  419  in such special elections or special primaries and by committees
  420  making contributions or expenditures to influence the results of
  421  such special primaries or special elections shall be not later
  422  than such dates as shall be fixed by the Department of State,
  423  and in fixing such dates the Department of State shall take into
  424  consideration and be governed by the practical time limitations.
  425         (c) The dates for a candidate to qualify by the petition
  426  process pursuant to s. 99.095 in such special primary or special
  427  election shall be fixed by the Department of State. In fixing
  428  such dates the Department of State shall take into consideration
  429  and be governed by the practical time limitations. Any candidate
  430  seeking to qualify by the petition process in a special primary
  431  election shall obtain 25 percent of the signatures required by
  432  s. 99.095.
  433         (d) The qualifying fees and party assessments of such
  434  candidates as may qualify shall be the same as collected for the
  435  same office at the last previous primary for that office. The
  436  party assessment shall be paid to the appropriate executive
  437  committee of the political party to which the candidate belongs.
  438         (e) Each county canvassing board shall make as speedy a
  439  return of the result of such special primary elections and
  440  special elections as time will permit, and the Elections
  441  Canvassing Commission likewise shall make as speedy a canvass
  442  and declaration of the nominees as time will permit.
  443         (3)(a) In the event that death, resignation, withdrawal, or
  444  removal should cause a party to have a vacancy that in
  445  nomination which leaves no candidate for an office from such
  446  party if a candidate of such party has advanced from the primary
  447  election, the filing officer before whom the candidate qualified
  448  must shall notify the chair of the state and county political
  449  party executive committee of such party and:
  450         1. If the vacancy in nomination is for a candidacy for
  451  statewide office, the state party chair must shall, within 5
  452  days, call a meeting of his or her executive board to consider
  453  designation of a candidate nominee to fill the vacancy.
  454         2. If the vacancy in nomination is for a candidacy for the
  455  office of United States Representative, state senator, state
  456  representative, state attorney, or public defender, the state
  457  party chair must shall notify the appropriate county chair or
  458  chairs and, within 5 days, the appropriate county chair or
  459  chairs must shall call a meeting of the members of the executive
  460  committee in the affected county or counties to consider
  461  designation of a candidate nominee to fill the vacancy.
  462         3. If the vacancy in nomination is for a candidacy for
  463  county office, the state party chair must shall notify the
  464  appropriate county chair and, within 5 days, the appropriate
  465  county chair must shall call a meeting of his or her executive
  466  committee to consider designation of a candidate nominee to fill
  467  the vacancy.
  468  
  469  The name of any person so designated shall be submitted to the
  470  filing officer before whom the candidate qualified within 7 days
  471  after notice to the chair in order that the person designated
  472  may have his or her name on the ballot of the ensuing general
  473  election. If the name of the new candidate nominee is submitted
  474  after the certification of results of the preceding primary
  475  election, however, the ballots may shall not be changed and the
  476  former party candidate’s nominee’s name will appear on the
  477  ballot. Any ballots cast for the former party candidate nominee
  478  will be counted for the person designated by the political party
  479  to replace the former party candidate nominee. If there is no
  480  opposition to the party candidate nominee, the person designated
  481  by the political party to replace the former party candidate
  482  nominee will be elected to office at the general election.
  483         (b) When, under the circumstances set forth in the
  484  preceding paragraph, vacancies in candidacy nomination are
  485  required to be filled by committee nominations, such vacancies
  486  shall be filled by party rule. In any instance in which a
  487  candidate nominee is selected by a committee to fill a vacancy
  488  in candidacy nomination, such candidate nominee shall pay the
  489  same filing fee and take the same oath as the nominee would have
  490  taken had he or she regularly qualified for election to such
  491  office.
  492         (c) Any person who, at the close of qualifying as
  493  prescribed in ss. 99.061 and 105.031, was qualified for
  494  nomination or election to or retention in a public office to be
  495  filled at the ensuing general election or who attempted to
  496  qualify and failed to qualify is prohibited from qualifying as a
  497  candidate to fill a vacancy in candidacy nomination for any
  498  other office to be filled at that general election, even if such
  499  person has withdrawn or been eliminated as a candidate for the
  500  original office sought. However, this paragraph does not apply
  501  to a candidate for the office of Lieutenant Governor who applies
  502  to fill a vacancy in candidacy nomination for the office of
  503  Governor on the same ticket or to a person who has withdrawn or
  504  been eliminated as a candidate and who is subsequently
  505  designated as a candidate for Lieutenant Governor under s.
  506  99.063.
  507         (4) A vacancy in candidacy nomination is not created if an
  508  order of a court that has become final determines that a nominee
  509  did not properly qualify or did not meet the necessary
  510  qualifications to hold the office for which he or she sought to
  511  qualify.
  512         Section 10. Section 100.191, Florida Statutes, is amended
  513  to read:
  514         100.191 General election laws applicable to special
  515  elections; returns.—All laws that are applicable to general
  516  elections are applicable to special elections or special primary
  517  elections to fill a vacancy in office or candidacy nomination.
  518  The Elections Canvassing Commission shall immediately, upon
  519  receipt of returns from the county in which a special election
  520  is held, proceed to canvass the returns and determine and
  521  declare the result thereof.
  522         Section 11. Section 101.021, Florida Statutes, is amended
  523  to read:
  524         101.021 Elector to vote the primary ballot of the political
  525  party in which he or she is registered; exception.—In a primary
  526  election, a qualified elector is entitled to vote only the
  527  official primary election ballot of the political party
  528  designated in the elector’s registration, and no other. It is
  529  unlawful for any elector to vote in a presidential preference
  530  primary or for any candidate running for a political party
  531  executive committee nomination from a party other than that in
  532  which such elector is registered.
  533         Section 12. Subsection (1) of section 101.2512, Florida
  534  Statutes, is amended to read:
  535         101.2512 Candidates’ names on general election ballots.—
  536         (1) The supervisor of elections shall print on the general
  537  election ballot the names of candidates who received the highest
  538  and the next highest number of votes in a universal nominated by
  539  primary election or special primary election, regardless of the
  540  candidates’ party affiliation or lack of party affiliation, or
  541  the names of candidates selected by the appropriate executive
  542  committee of any political party pursuant to the requirements of
  543  this code.
  544         Section 13. Section 101.252, Florida Statutes, is amended
  545  to read:
  546         101.252 Candidates entitled to have names printed on
  547  certain ballots; exception.—
  548         (1) Any candidate for nomination who has qualified as
  549  prescribed by law is entitled to have his or her name printed on
  550  the official primary election ballot. However, when there is
  551  only one candidate who has of any political party qualified for
  552  an office, the name of the candidate may shall not be printed on
  553  the primary or general election ballots ballot, and such
  554  candidate is shall be declared elected to nominated for the
  555  office.
  556         (2) Any candidate for party executive committee member who
  557  has qualified as prescribed by law is entitled to have his or
  558  her name printed on the primary election ballot. However, when
  559  there is only one candidate of any political party qualified for
  560  such an office, the name of the candidate may shall not be
  561  printed on the primary election ballot, and such candidate is
  562  shall be declared elected to the state or county executive
  563  committee.
  564         Section 14. Subsection (6) of section 101.5606, Florida
  565  Statutes, is amended to read:
  566         101.5606 Requirements for approval of systems.—No
  567  electronic or electromechanical voting system shall be approved
  568  by the Department of State unless it is so constructed that:
  569         (6) It allows permits each voter at a primary election to
  570  vote in contests that are subject to a universal primary
  571  election, contests that are limited to registrants of only for
  572  the candidates seeking nomination by the political party in
  573  which such voter is registered, for any candidate for
  574  nonpartisan office, and for any question upon which the voter is
  575  entitled to vote.
  576         Section 15. Paragraph (b) of subsection (2) of section
  577  101.6952, Florida Statutes, is amended to read:
  578         101.6952 Vote-by-mail ballots for absent uniformed services
  579  and overseas voters.—
  580         (2)
  581         (b)1. In an election for federal office, an elector may
  582  designate a candidate by writing the name of a candidate on the
  583  ballot. Except for a primary or special primary election, the
  584  elector may alternatively designate a candidate by writing the
  585  name of a political party on the ballot. A written designation
  586  of the political party shall be counted as a vote for the
  587  candidate of that party if there is such a party candidate in
  588  the race.
  589         2. In a state or local election, an elector may vote in the
  590  section of the federal write-in absentee ballot designated for
  591  nonfederal races by writing on the ballot the title of each
  592  office and by writing on the ballot the name of the candidate
  593  for whom the elector is voting. Except for a primary, special
  594  primary, or nonpartisan election, the elector may alternatively
  595  designate a candidate by writing the name of a political party
  596  on the ballot. A written designation of the political party
  597  shall be counted as a vote for the candidate of that party if
  598  there is such a party candidate in the race. If the candidates
  599  who advanced to the general or special election have the same
  600  party affiliation, the designation may not count for any
  601  candidate unless there is a valid, additional designation of the
  602  candidate’s name. In addition, the elector may vote on any
  603  ballot measure presented in such election by identifying the
  604  ballot measure on which he or she desires to vote and specifying
  605  his or her vote on the measure. For purposes of this section, a
  606  vote cast in a judicial merit retention election shall be
  607  treated in the same manner as a ballot measure in which the only
  608  allowable responses are “Yes” or “No.”
  609         Section 16. Section 102.131, Florida Statutes, is amended
  610  to read:
  611         102.131 Returns before canvassing commission.—If any
  612  returns shall appear to be irregular or false so that the
  613  Elections Canvassing Commission is unable to determine the true
  614  vote for any office, nomination, constitutional amendment, or
  615  other measure presented to the electors, the commission shall so
  616  certify and shall not include the returns in its determination,
  617  canvass, and declaration. In determining the true vote, the
  618  Elections Canvassing Commission does in determining the true
  619  vote shall not have authority to look beyond the county returns.
  620  The Department of State shall file in its office all the
  621  returns, together with other documents and papers received by it
  622  or the commission. The commission shall canvass the returns for
  623  presidential electors and representatives to Congress separately
  624  from their canvass of returns for state officers.
  625         Section 17. Section 102.151, Florida Statutes, is amended
  626  to read:
  627         102.151 County canvassing board to issue certificates;
  628  supervisor to give notice to Department of State.—The county
  629  canvassing board shall make and sign duplicate certificates
  630  containing the total number of votes cast for each person
  631  nominated or elected or who advanced to the general or special
  632  election, the names of persons for whom such votes were cast,
  633  and the number of votes cast for each candidate or nominee. One
  634  of such certificates which relates to offices for which the
  635  candidates or nominees have been voted for in more than one
  636  county shall be immediately transmitted to the Department of
  637  State, and the second copy filed in the supervisor’s office. The
  638  supervisor shall transmit to the Department of State,
  639  immediately after the county canvassing board has canvassed the
  640  returns of the election, a list containing the names of all
  641  county and district officers nominated or elected or who have
  642  advanced to the general or special election, the office for
  643  which each was nominated or elected or has advanced, and the
  644  mailing address of each.
  645         Section 18. Subsections (1), (3), (4), and (5) of section
  646  102.168, Florida Statutes, are amended to read:
  647         102.168 Contest of election.—
  648         (1) Except as provided in s. 102.171, the certification of
  649  election or nomination of any person to office or the
  650  certification of a candidate to advance to the general or
  651  special election, or of the result on any question submitted by
  652  referendum, may be contested in the circuit court by any
  653  unsuccessful candidate for such office or nomination thereto or
  654  by any elector qualified to vote in the election related to such
  655  candidacy, or by any taxpayer, respectively.
  656         (3) The complaint must shall set forth the grounds on which
  657  the contestant intends to establish his or her right to such
  658  office or set aside the result of the election on a submitted
  659  referendum. The grounds for contesting an election under this
  660  section are:
  661         (a) Misconduct, fraud, or corruption on the part of any
  662  election official or any member of the canvassing board
  663  sufficient to change or place in doubt the result of the
  664  election.
  665         (b) Ineligibility of the successful candidate for the
  666  nomination or office, or who advances to the general election or
  667  special election, in dispute.
  668         (c) Receipt of a number of illegal votes or rejection of a
  669  number of legal votes sufficient to change or place in doubt the
  670  result of the election.
  671         (d) Proof that any elector, election official, or
  672  canvassing board member was given or offered a bribe or reward
  673  in money, property, or any other thing of value for the purpose
  674  of procuring the successful candidate’s advancement nomination
  675  or election or determining the result on any question submitted
  676  by referendum.
  677         (4) The canvassing board responsible for canvassing the
  678  election is an indispensable party defendant in county and local
  679  elections. The Elections Canvassing Commission is an
  680  indispensable party defendant in federal, state, and multicounty
  681  elections and in elections for justice of the Supreme Court,
  682  judge of a district court of appeal, and judge of a circuit
  683  court. The successful candidate is an indispensable party to any
  684  action brought to contest the election or nomination of a
  685  candidate.
  686         (5) A statement of the grounds of contest may not be
  687  rejected, nor the proceedings dismissed, by the court for any
  688  want of form if the grounds of contest provided in the statement
  689  are sufficient to clearly inform the defendant of the particular
  690  proceeding or cause for which the nomination or election is
  691  contested.
  692         Section 19. Section 102.1685, Florida Statutes, is amended
  693  to read:
  694         102.1685 Venue.—The venue for contesting the a nomination
  695  or election of a candidate to office, the advancement of a
  696  candidate for office to the general election or a special
  697  election, or the results of a referendum is shall be in the
  698  county in which the contestant qualified or in the county in
  699  which the question was submitted for referendum or, if the
  700  election or referendum covered more than one county, then in
  701  Leon County.
  702         Section 20. Section 102.171, Florida Statutes, is amended
  703  to read:
  704         102.171 Contest of election to Legislature.—The
  705  jurisdiction to hear any contest of the election of a member to
  706  either house of the Legislature is vested in the applicable
  707  house, as each house, pursuant to s. 2, Art. III of the State
  708  Constitution, is the sole judge of the qualifications,
  709  elections, and returns of its members. Therefore, the
  710  certification of election of any person to the office of member
  711  of either house of the Legislature may only be contested in the
  712  applicable house by an unsuccessful candidate for such office,
  713  in accordance with the rules of that house. This section does
  714  not apply to any contest of the nomination of any person for the
  715  office of member of either house of the Legislature at any
  716  primary or special primary election in which only those
  717  qualified electors who are registered members of the political
  718  party holding such primary election may vote, as provided for in
  719  s. 5(b), Art. VI of the State Constitution. This section does
  720  apply to any contest of a primary or special primary election
  721  for the office of member of either house of the Legislature in
  722  which all qualified electors may vote, as provided for in s.
  723  5(b), Art. VI of the State Constitution, and the recipient of
  724  the most votes is deemed to be elected according to applicable
  725  law.
  726         Section 21. Subsection (1) of section 104.071, Florida
  727  Statutes, is amended to read:
  728         104.071 Remuneration by candidate for services, support,
  729  etc.; penalty.—
  730         (1) It is unlawful for any person supporting a candidate,
  731  or for any candidate, in order to aid or promote the nomination
  732  or election of such candidate in any election, directly or
  733  indirectly to:
  734         (a) Promise to appoint another person, promise to secure or
  735  aid in securing appointment, nomination or election of another
  736  person to any public or private position, or to any position of
  737  honor, trust, or emolument, except one who has publicly
  738  announced or defined what his or her choice or purpose in
  739  relation to any election in which he or she may be called to
  740  take part, if elected.
  741         (b) Give, or promise to give, pay, or loan, any money or
  742  other thing of value to the owner, editor, publisher, or agent,
  743  of any communication media, as well as newspapers, to advocate
  744  or oppose, through such media, any candidate for nomination in
  745  any election or any candidate for election, and no such owner,
  746  editor, or agent shall give, solicit, or accept such payment or
  747  reward. It shall likewise be unlawful for any owner, editor,
  748  publisher, or agent of any poll-taking or poll-publishing
  749  concern to advocate or oppose through such poll any candidate
  750  for nomination in any election or any candidate for election in
  751  return for the giving or promising to give, pay, or loan any
  752  money or other thing of value to said owner, editor, publisher,
  753  or agent of any poll-taking or poll-publishing concern.
  754         (c) Give, pay, expend, or contribute any money or thing of
  755  value for the furtherance of the candidacy of any other
  756  candidate.
  757         (d) Furnish, give, or deliver to another person any money
  758  or other thing of value for any purpose prohibited by the
  759  election laws.
  760  
  761  This subsection does shall not prohibit a candidate from
  762  furnishing complimentary tickets to the candidate’s campaign
  763  fund raiser to other candidates.
  764         Section 22. Paragraph (a) of subsection (1) of section
  765  104.31, Florida Statutes, is amended to read:
  766         104.31 Political activities of state, county, and municipal
  767  officers and employees.—
  768         (1) No officer or employee of the state, or of any county
  769  or municipality thereof, except as hereinafter exempted from
  770  provisions hereof, shall:
  771         (a) Use his or her official authority or influence for the
  772  purpose of interfering with an election or a nomination of
  773  office or coercing or influencing another person’s vote or
  774  affecting the result thereof.
  775  
  776  The provisions of this section shall not be construed so as to
  777  prevent any person from becoming a candidate for and actively
  778  campaigning for any elective office in this state. All such
  779  persons shall retain the right to vote as they may choose and to
  780  express their opinions on all political subjects and candidates.
  781  The provisions of paragraph (a) shall not be construed so as to
  782  limit the political activity in a general, special, primary,
  783  bond, referendum, or other election of any kind or nature, of
  784  elected officials or candidates for public office in the state
  785  or of any county or municipality thereof; and the provisions of
  786  paragraph (a) shall not be construed so as to limit the
  787  political activity in general or special elections of the
  788  officials appointed as the heads or directors of state
  789  administrative agencies, boards, commissions, or committees or
  790  of the members of state boards, commissions, or committees,
  791  whether they be salaried, nonsalaried, or reimbursed for
  792  expense. In the event of a dual capacity of any member of a
  793  state board, commission, or committee, any restrictive
  794  provisions applicable to either capacity shall apply. The
  795  provisions of paragraph (a) shall not be construed so as to
  796  limit the political activity in a general, special, primary,
  797  bond, referendum, or other election of any kind or nature of the
  798  Governor, the elected members of the Governor’s Cabinet, or the
  799  members of the Legislature. The provisions of paragraphs (b) and
  800  (c) shall apply to all officers and employees of the state or of
  801  any county or municipality thereof, whether elected, appointed,
  802  or otherwise employed, or whether the activity shall be in
  803  connection with a primary, general, special, bond, referendum,
  804  or other election of any kind or nature.
  805         Section 23. Subsection (1) of section 105.071, Florida
  806  Statutes, is amended to read:
  807         105.071 Candidates for judicial office; limitations on
  808  political activity.—A candidate for judicial office shall not:
  809         (1) Participate in any partisan political party activities,
  810  except that such candidate may register to vote as a member of
  811  any political party and may vote in any party primary limited to
  812  members for candidates for nomination of the party in which she
  813  or he is registered to vote.
  814  
  815  A candidate for judicial office or retention therein who
  816  violates the provisions of this section is liable for a civil
  817  fine of up to $1,000 to be determined by the Florida Elections
  818  Commission.
  819         Section 24. Subsections (3) and (18) of section 106.011,
  820  Florida Statutes, are amended to read:
  821         106.011 Definitions.—As used in this chapter, the following
  822  terms have the following meanings unless the context clearly
  823  indicates otherwise:
  824         (3) “Candidate” means a person to whom any of the following
  825  applies:
  826         (a) A person who seeks to qualify for nomination or
  827  election by means of the petitioning process.
  828         (b) A person who seeks to qualify for election as a write
  829  in candidate.
  830         (c) A person who receives contributions or makes
  831  expenditures, or consents for any other person to receive
  832  contributions or make expenditures, with a view to bring about
  833  his or her nomination or election to, or retention in, public
  834  office.
  835         (d) A person who appoints a treasurer and designates a
  836  primary depository.
  837         (e) A person who files qualification papers and subscribes
  838  to a candidate’s oath as required by law.
  839  
  840  However, this definition does not include any candidate for a
  841  political party executive committee. Expenditures related to
  842  potential candidate polls as provided in s. 106.17 are not
  843  contributions or expenditures for purposes of this subsection.
  844         (18) “Unopposed candidate” means a candidate for nomination
  845  or election to an office who, after the last day on which a
  846  person, including a write-in candidate, may qualify, is without
  847  opposition in the election at which the office is to be filled
  848  or who is without such opposition after such date as a result of
  849  a primary election or of withdrawal by other candidates seeking
  850  the same office. A candidate is not an unopposed candidate if
  851  there is a vacancy to be filled under s. 100.111(3), if there is
  852  a legal proceeding pending regarding the right to a ballot
  853  position for the office sought by the candidate, or if the
  854  candidate is seeking retention as a justice or judge.
  855         Section 25. Paragraph (a) of subsection (1) and subsection
  856  (3) of section 106.021, Florida Statutes, are amended to read:
  857         106.021 Campaign treasurers; deputies; primary and
  858  secondary depositories.—
  859         (1)(a) Each candidate for nomination or election to office
  860  and each political committee shall appoint a campaign treasurer.
  861  Each person who seeks to qualify for nomination or election to,
  862  or retention in, office shall appoint a campaign treasurer and
  863  designate a primary campaign depository before qualifying for
  864  office. Any person who seeks to qualify for election or
  865  nomination to any office by means of the petitioning process
  866  shall appoint a treasurer and designate a primary depository on
  867  or before the date he or she obtains the petitions. At the same
  868  time a candidate designates a campaign depository and appoints a
  869  treasurer, the candidate shall also designate the office for
  870  which he or she is a candidate. If the candidate is running for
  871  an office that will be grouped on the ballot with two or more
  872  similar offices to be filled at the same election, the candidate
  873  must indicate for which group or district office he or she is
  874  running. This subsection does not prohibit a candidate, at a
  875  later date, from changing the designation of the office for
  876  which he or she is a candidate. However, if a candidate changes
  877  the designated office for which he or she is a candidate, the
  878  candidate must notify all contributors in writing of the intent
  879  to seek a different office and offer to return pro rata, upon
  880  their request, those contributions given in support of the
  881  original office sought. This notification shall be given within
  882  15 days after the filing of the change of designation and shall
  883  include a standard form developed by the Division of Elections
  884  for requesting the return of contributions. The notice
  885  requirement does not apply to any change in a numerical
  886  designation resulting solely from redistricting. If, within 30
  887  days after being notified by the candidate of the intent to seek
  888  a different office, the contributor notifies the candidate in
  889  writing that the contributor wishes his or her contribution to
  890  be returned, the candidate shall return the contribution, on a
  891  pro rata basis, calculated as of the date the change of
  892  designation is filed. Up to a maximum of the contribution limits
  893  specified in s. 106.08, a candidate who runs for an office other
  894  than the office originally designated may use any contribution
  895  that a donor does not request be returned within the 30-day
  896  period for the newly designated office, provided the candidate
  897  disposes of any amount exceeding the contribution limit pursuant
  898  to the options in s. 106.11(5)(b) and (c) or s. 106.141(4)(a)1.,
  899  2., or 4.; notwithstanding, the full amount of the contribution
  900  for the original office shall count toward the contribution
  901  limits specified in s. 106.08 for the newly designated office. A
  902  person may not accept any contribution or make any expenditure
  903  with a view to bringing about his or her nomination, election,
  904  or retention in public office, or authorize another to accept
  905  such contributions or make such expenditure on the person’s
  906  behalf, unless such person has appointed a campaign treasurer
  907  and designated a primary campaign depository. A candidate for an
  908  office voted upon statewide may appoint not more than 15 deputy
  909  campaign treasurers, and any other candidate or political
  910  committee may appoint not more than 3 deputy campaign
  911  treasurers. The names and addresses of the campaign treasurer
  912  and deputy campaign treasurers so appointed shall be filed with
  913  the officer before whom such candidate is required to qualify or
  914  with whom such political committee is required to register
  915  pursuant to s. 106.03.
  916         (3) No contribution or expenditure, including contributions
  917  or expenditures of a candidate or of the candidate’s family,
  918  shall be directly or indirectly made or received in furtherance
  919  of the candidacy of any person for nomination or election to
  920  political office in the state or on behalf of any political
  921  committee except through the duly appointed campaign treasurer
  922  of the candidate or political committee, subject to the
  923  following exceptions:
  924         (a) Independent expenditures;
  925         (b) Reimbursements to a candidate or any other individual
  926  for expenses incurred in connection with the campaign or
  927  activities of the political committee by a check drawn upon the
  928  campaign account and reported pursuant to s. 106.07(4). The full
  929  name of each person to whom the candidate or other individual
  930  made payment for which reimbursement was made by check drawn
  931  upon the campaign account shall be reported pursuant to s.
  932  106.07(4), together with the purpose of such payment;
  933         (c) Expenditures made indirectly through a treasurer for
  934  goods or services, such as communications media placement or
  935  procurement services, campaign signs, insurance, or other
  936  expenditures that include multiple integral components as part
  937  of the expenditure and reported pursuant to s. 106.07(4)(a)13.;
  938  or
  939         (d) Expenditures made directly by any affiliated party
  940  committee or political party regulated by chapter 103 for
  941  obtaining time, space, or services in or by any communications
  942  medium for the purpose of jointly endorsing three or more
  943  candidates, and any such expenditure may not be considered a
  944  contribution or expenditure to or on behalf of any such
  945  candidates for the purposes of this chapter.
  946         Section 26. Subsection (2) of section 106.03, Florida
  947  Statutes, is amended to read:
  948         106.03 Registration of political committees and
  949  electioneering communications organizations.—
  950         (2) The statement of organization must shall include all of
  951  the following:
  952         (a) The name, mailing address, and street address of the
  953  committee or electioneering communications organization.;
  954         (b) The names, street addresses, and relationships of
  955  affiliated or connected organizations, including any affiliated
  956  sponsors.;
  957         (c) The area, scope, or jurisdiction of the committee or
  958  electioneering communications organization.;
  959         (d) The name, mailing address, street address, and position
  960  of the custodian of books and accounts.;
  961         (e) The name, mailing address, street address, and position
  962  of other principal officers, including the treasurer and deputy
  963  treasurer, if any.;
  964         (f) The name, address, office sought, and party affiliation
  965  of:
  966         1. Each candidate whom the committee is supporting; and
  967         2. Any other individual, if any, whom the committee is
  968  supporting for nomination for election, or election, to any
  969  public office whatever.;
  970         (g) Any issue or issues the committee is supporting or
  971  opposing.;
  972         (h) If the committee is supporting the entire ticket of any
  973  party, a statement to that effect and the name of the party.;
  974         (i) A statement of whether the committee is a continuing
  975  one.;
  976         (j) Plans for the disposition of residual funds which will
  977  be made in the event of dissolution.;
  978         (k) A listing of all banks, safe-deposit boxes, or other
  979  depositories used for committee or electioneering communications
  980  organization funds.;
  981         (l) A statement of the reports required to be filed by the
  982  committee or the electioneering communications organization with
  983  federal officials, if any, and the names, addresses, and
  984  positions of such officials.; and
  985         (m) A statement of whether the electioneering
  986  communications organization was formed as a newly created
  987  organization during the current calendar quarter or was formed
  988  from an organization existing before prior to the current
  989  calendar quarter. For purposes of this subsection, calendar
  990  quarters end the last day of March, June, September, and
  991  December.
  992         Section 27. Paragraph (a) of subsection (2) of section
  993  106.12, Florida Statutes, is amended to read:
  994         106.12 Petty cash funds allowed.—
  995         (2) Following the close of the last day for qualifying and
  996  until the last election in a given election period in which the
  997  political committee participates, the campaign treasurer of each
  998  political committee is authorized to withdraw the following
  999  amount each week from the primary depository campaign account
 1000  for the purpose of providing a petty cash fund for the political
 1001  committee, and, following the close of the last day for
 1002  qualifying and until the election at which such candidate is
 1003  eliminated or elected to office, or the time at which the
 1004  candidate becomes unopposed, the campaign treasurer of each
 1005  candidate is authorized to withdraw the following amount each
 1006  week from the primary depository campaign account for the
 1007  purpose of providing a petty cash fund for the candidate:
 1008         (a) For all candidates for nomination or election on a
 1009  statewide basis, $500 per week.
 1010         Section 28. Subsection (3) of section 106.143, Florida
 1011  Statutes, is amended to read:
 1012         106.143 Political advertisements circulated prior to
 1013  election; requirements.—
 1014         (3) Any political advertisement of a candidate running for
 1015  partisan office who is running with a party affiliation must
 1016  include shall express the name of such the political party of
 1017  which the candidate is seeking nomination or is the nominee. If
 1018  the candidate for partisan office is running as a candidate with
 1019  no party affiliation, any political advertisement of the
 1020  candidate must state that the candidate has no party
 1021  affiliation. A political advertisement of a candidate running
 1022  for nonpartisan office may not state the candidate’s political
 1023  party affiliation. This section does not prohibit a political
 1024  advertisement from stating the candidate’s partisan-related
 1025  experience. A candidate for nonpartisan office is prohibited
 1026  from campaigning based on party affiliation.
 1027         Section 29. Subsections (2) and (3) of section 106.15,
 1028  Florida Statutes, are amended to read:
 1029         106.15 Certain acts prohibited.—
 1030         (2) No candidate, in the furtherance of his or her
 1031  candidacy for nomination or election to public office in any
 1032  election, shall use any state-owned aircraft or motor vehicle,
 1033  as provided in chapter 287, solely for the purpose of furthering
 1034  his or her candidacy. However, in the event a candidate uses any
 1035  state-owned aircraft or motor vehicle to conduct official state
 1036  business and while on such trip performs any function in the
 1037  furtherance of his or her candidacy for nomination or election
 1038  to public office in any election, the candidate shall prorate
 1039  the expenses incurred and reimburse the appropriate agency for
 1040  any trip not exclusively for state business and shall pay either
 1041  a prorated share of all fixed and variable expenses related to
 1042  the ownership, operation, and use of such aircraft or one-half
 1043  of the total fixed and variable expenses related to the
 1044  ownership, operation, and use of such aircraft, whichever is
 1045  greater. The reimbursement shall be made from the campaign
 1046  account of the candidate.
 1047         (3) A candidate may not, in the furtherance of his or her
 1048  candidacy for nomination or election to public office in any
 1049  election, use the services of any state, county, municipal, or
 1050  district officer or employee during working hours.
 1051         Section 30. Subsection (2) of section 106.18, Florida
 1052  Statutes, is amended to read:
 1053         106.18 When a candidate’s name to be omitted from ballot.—
 1054         (2) Any candidate whose name is removed from the ballot
 1055  pursuant to subsection (1) is disqualified as a candidate for
 1056  office. If the disqualification of such candidate results in a
 1057  vacancy in candidacy nomination, such vacancy shall be filled by
 1058  a person other than such candidate in the manner provided by
 1059  law.
 1060         Section 31. Subsection (2) of section 112.313, Florida
 1061  Statutes, is amended to read:
 1062         112.313 Standards of conduct for public officers, employees
 1063  of agencies, and local government attorneys.—
 1064         (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—No public officer,
 1065  employee of an agency, local government attorney, or candidate
 1066  for nomination or election shall solicit or accept anything of
 1067  value to the recipient, including a gift, loan, reward, promise
 1068  of future employment, favor, or service, based upon any
 1069  understanding that the vote, official action, or judgment of the
 1070  public officer, employee, local government attorney, or
 1071  candidate would be influenced thereby.
 1072         Section 32. Paragraph (a) of subsection (2) of section
 1073  112.3145, Florida Statutes, is amended to read:
 1074         112.3145 Disclosure of financial interests and clients
 1075  represented before agencies.—
 1076         (2)(a) A person seeking nomination or election to a state
 1077  or local elective office shall file a statement of financial
 1078  interests together with, and at the same time he or she files,
 1079  qualifying papers. When a candidate has qualified for office
 1080  prior to the deadline to file an annual statement of financial
 1081  interests, the statement of financial interests that is filed
 1082  with the candidate’s qualifying papers shall be deemed to
 1083  satisfy the annual disclosure requirement of this section. The
 1084  qualifying officer must record that the statement of financial
 1085  interests was timely filed. However, if a candidate does not
 1086  qualify until after the annual statement of financial interests
 1087  has been filed, the candidate may file a copy of his or her
 1088  statement with the qualifying officer.
 1089         Section 33. This act shall take effect January 1, 2021.