October 17, 2019
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CS/HB 537

1
A bill to be entitled
2An act relating to elections; amending s. 97.021, F.S.;
3redefining the term "third-party registration
4organization"; amending s. 97.0575, F.S.; revising fines
5applicable to violations of requirements relating to
6third-party voter registrations; amending s. 103.121,
7F.S.; revising the dates relating to the presidential
8preference primary; amending s. 101.75, F.S.; authorizing
9municipalities to move their election date by ordinance to
10coincide with the presidential preference primary;
11amending s. 101.151, F.S.; authorizing the use of ballot-
12on-demand technology to produce certain marksense ballots;
13creating s. 101.56075, F.S.; requiring all voting to be by
14marksense ballot; providing an exemption for voters with
15disabilities; requiring voter interface devices for
16individuals with disabilities by a specified date;
17amending s. 101.5612, F.S.; requiring the use of certain
18marksense ballots for pre-election testing; amending s.
19101.591, F.S.; requiring post-election, random audits of
20voting systems; providing general audit procedures;
21mandating that audit results be reported to the Department
22of State; prescribing requirements for audit reports;
23granting rulemaking authority to the department to adopt
24detailed, uniform audit procedures and a standard audit
25reporting form; providing procedures for the purchase of
26new voting systems and ballot equipment and the
27disposition of existing touchscreen voting systems for
28certain counties; authorizing the Department of State to
29purchase optical scan voting equipment and ballot-on-
30demand equipment for certain counties; appropriating funds
31for such purpose; amending s. 97.041, F.S.; authorizing
32qualified persons to preregister to vote on or after
33receipt of a valid driver's license; amending s. 97.053,
34F.S.; requiring an applicant for voter registration to be
35notified when the application cannot be verified;
36providing for registration upon presentation of evidence
37of a driver's license number, identification card number,
38or the last four digits of the applicant's social security
39number; changing the time within which a person casting a
40provisional ballot may present evidence of eligibility to
41vote; changing the time for voter registrations to be
42entered into the statewide voter registration system;
43amending s. 99.012, F.S.; exempting persons seeking
44federal office from the resign-to-run law; amending s.
4599.021, F.S.; prescribing form of oath for candidates for
46federal office; amending s. 99.061, F.S.; prescribing
47times for qualifying for nomination or election;
48prescribing specific procedures for qualifying for special
49district office; providing that the filing fee of a
50candidate for a special district election need not be
51drawn on a campaign account; amending s. 99.095, F.S.;
52prescribing the number of signatures required for a
53candidate for special district office to qualify by
54petition; prescribing the time for certification to the
55Division of Elections of certain candidates qualifying by
56petition; amending s. 99.096, F.S.; changing manner of
57candidate selection by minor political parties; repealing
58s. 99.0965, F.S., relating to the selection of minor party
59candidates; amending s. 100.041, F.S.; prescribing the
60time when a county commissioner is deemed elected;
61amending s. 100.051, F.S.; revising requirements relating
62to candidates' whose names must be printed on general
63election ballots; amending s. 100.061, F.S.; changing the
64date of the primary election; amending s. 100.111, F.S.;
65revising provisions relating to choosing political party
66nominees for a special election; amending s. 100.191,
67F.S.; revising the time for canvassing special election
68returns; amending s. 100.371, F.S.; requiring initiative
69petition forms to be signed by the constitutionally
70required distribution of electors; amending timeframes for
71verifying petition signatures; prescribing information
72that must be on a petition initiative form, and conditions
73with which the elector signing it must comply, before the
74form may be verified; providing procedures for revocation
75of a signature on a petition form; amending s. 101.043,
76F.S.; revising forms of identification accepted at the
77polls; amending s. 101.048, F.S.; changing the time within
78which a person casting a provisional ballot may present
79evidence of eligibility to vote; amending s. 101.573,
80F.S.; changing the time for filing precinct-level election
81results; requiring such results to be filed with respect
82to special elections; prescribing requirements for such
83data; amending s. 101.6103, F.S.; changing the time to
84begin canvassing mail ballots; amending s. 101.62, F.S.;
85revising the period of effectiveness of a request for an
86absentee ballot; revising the time for sending an absentee
87ballot to an overseas elector; revising time period for
88providing absentee ballots; amending s. 101.68, F.S.;
89changing the time to begin canvassing absentee ballots;
90amending s. 102.112, F.S.; changing the deadline for
91submitting county returns to the Department of State;
92amending s. 102.141, F.S.; requiring submission of
93preliminary returns in certain format by election night to
94the Department of State; changing the time to submit
95unofficial returns; amending s. 102.166, F.S.; conforming
96a cross-reference; amending s. 103.081, F.S.; allowing
97political parties to file with the Department of State
98names of groups associated with a party; prescribing
99conditions on the use of those filed names; amending s.
100103.091, F.S.; revising the number of and the
101qualifications for state committeemen and committeewomen;
102changing the times for qualifying for election to a
103political party executive committee; amending s. 103.141,
104F.S.; providing that officers and members of a county
105executive committee may be removed from office pursuant to
106s. 103.161; repealing s. 103.151, F.S., relating to the
107removal of a state executive committee member for
108violation of the member's oath of office; creating s.
109103.161, F.S.; providing for the removal or suspension of
110officers and members of a state or county executive
111committee for violation of the officer's or member's oath
112of office; prescribing procedures for such removal and
113restrictions after removal; amending s. 105.031, F.S.;
114changing the times for qualifying for school board
115candidates; amending s. 106.021, F.S.; revising
116qualifications for a campaign treasurer and deputy
117treasurer for a candidate or political committee; amending
118s. 106.04, F.S.; authorizing certain entities to collect
119and forward membership dues to committees of continuous
120existence; amending s. 106.055, F.S.; prescribing
121valuation method for travel on a private aircraft;
122amending s. 106.08, F.S.; prescribing procedures for
123receiving and transferring contributions made to political
124committees and committees of continuous existence;
125amending s. 106.09, F.S.; revising prohibition on making
126or accepting a cash contribution; amending s. 106.143,
127F.S.; providing disclosure requirements for political
128advertisements made pursuant to s. 106.021(3)(d), F.S.;
129amending s. 106.17, F.S.; revising who may authorize or
130conduct polls or surveys relating to candidates; amending
131s. 106.25, F.S.; revising requirements for complaints
132filed alleging violations of chapters 106 and 104, F.S.;
133revising procedures after certain complaints are filed;
134providing for the withdrawal of certain complaints;
135providing for the Florida Elections Commission to maintain
136a searchable database of all final orders and agency
137actions and providing requirements for such database;
138amending s. 106.35, F.S.; revising the time for the
139Division of Elections to distribute funds to candidates;
140amending s. 112.51, F.S.; providing for filling vacancies
141created when a municipal officer has been removed from
142office; repealing s. 106.37, F.S., relating to willful
143violations of campaign finance laws; amending s. 189.405,
144F.S.; revising qualification procedures for candidates for
145special district office; amending s. 191.005, F.S.;
146revising qualification procedures for candidates for
147independent special fire control district boards of
148commissioners; amending s. 582.18, F.S.; revising
149qualification procedures for candidates for soil and water
150conservation district supervisors; amending s. 876.05,
151F.S.; exempting candidates for federal office from taking
152the public employees' oath; requiring that all write-in
153candidates reside within the district of the office sought
154at the time of qualification; providing effective dates.
155
156Be It Enacted by the Legislature of the State of Florida:
157
158     Section 1.  Subsection (36) of section 97.021, Florida
159Statutes, is amended to read:
160     97.021  Definitions.--For the purposes of this code, except
161where the context clearly indicates otherwise, the term:
162     (36)  "Third-party registration organization" means any
163person, entity, or organization soliciting or collecting voter
164registration applications. A third-party voter registration
165organization does not include:
166     (a)  A political party;
167     (a)(b)  A person who seeks only to register to vote or
168collect voter registration applications from that person's
169spouse, child, or parent; or
170     (b)(c)  A person engaged in registering to vote or
171collecting voter registration applications as an employee or
172agent of the division, supervisor of elections, Department of
173Highway Safety and Motor Vehicles, or a voter registration
174agency.
175     Section 2.  Subsection (3) of section 97.0575, Florida
176Statutes, is amended to read:
177     97.0575  Third-party voter registrations.--
178     (3)  A third-party voter registration organization that
179collects voter registration applications serves as a fiduciary
180to the applicant, ensuring that any voter registration
181application entrusted to the third-party voter registration
182organization, irrespective of party affiliation, race,
183ethnicity, or gender shall be promptly delivered to the division
184or the supervisor of elections. If a voter registration
185application collected by any third-party voter registration
186organization is not promptly delivered to the division or
187supervisor of elections, the individual collecting the voter
188registration application, the registered agent, and those
189individuals responsible for the day-to-day operation of the
190third-party voter registration organization, including, if
191applicable, the entity's board of directors, president, vice
192president, managing partner, or such other individuals engaged
193in similar duties or functions, shall be personally and jointly
194and severally liable for the following fines:
195     (a)  A fine in the amount of $50 $250 for each application
196received by the division or the supervisor of elections more
197than 10 days after the applicant delivered the completed voter
198registration application to the third-party voter registration
199organization or any person, entity, or agent acting on its
200behalf. A fine in the amount of $250 for each application
201received if the third-party registration organization or person,
202entity, or agency acting on its behalf acted willfully.
203     (b)  A fine in the amount of $100 $500 for each application
204collected by a third-party voter registration organization or
205any person, entity, or agent acting on its behalf, prior to book
206closing for any given election for federal or state office and
207received by the division or the supervisor of elections after
208the book closing deadline for such election. A fine in the
209amount of $500 for each application received if the third-party
210registration organization or person, entity, or agency acting on
211its behalf acted willfully.
212     (c)  A fine in the amount of $500 $5,000 for each
213application collected by a third-party voter registration
214organization or any person, entity, or agent acting on its
215behalf, which is not submitted to the division or supervisor of
216elections. A fine in the amount of $1,000 for any application
217not submitted if the third-party registration organization or
218person, entity, or agency acting on its behalf acted willfully.
219
220The aggregate fine pursuant to this subsection which may be
221assessed against a third-party voter registration organization,
222including affiliate organizations, for violations committed in a
223calendar year shall be $1,000. The fines provided in this
224subsection shall be reduced by three-fourths in cases in which
225the third-party voter registration organization has complied
226with subsection (1). The secretary shall waive the fines
227described in this subsection upon a showing that the failure to
228deliver the voter registration application promptly is based
229upon force majeure or impossibility of performance.
230     Section 3.  Effective July 1, 2007, subsections (1), (2),
231(3), and (6) of section 103.101, Florida Statutes, are amended
232to read:
233     103.101  Presidential preference primary.--
234     (1)  Each political party other than a minor political
235party shall, on the last second Tuesday in January March in each
236year the number of which is a multiple of 4, elect one person to
237be the candidate for nomination of such party for President of
238the United States or select delegates to the national nominating
239convention, as provided by party rule.
240     (2)  There shall be a Presidential Candidate Selection
241Committee composed of the Secretary of State, who shall be a
242nonvoting chair; the Speaker of the House of Representatives;
243the President of the Senate; the minority leader of each house
244of the Legislature; and the chair of each political party
245required to have a presidential preference primary under this
246section.
247     (a)  By October December 31 of the year preceding the
248Florida presidential preference primary, each political party
249shall submit to the Secretary of State a list of its
250presidential candidates to be placed on the presidential
251preference primary ballot or candidates entitled to have
252delegates appear on the presidential preference primary ballot.
253The Secretary of State shall prepare and publish a list of the
254names of the presidential candidates submitted.  The Secretary
255of State shall submit such list of names of presidential
256candidates to the selection committee on the first Tuesday after
257the first Monday in November of the January each year preceding
258the a presidential preference primary election is held.  Each
259person designated as a presidential candidate shall have his or
260her name appear, or have his or her delegates' names appear, on
261the presidential preference primary ballot unless all committee
262members of the same political party as the candidate agree to
263delete such candidate's name from the ballot.  The selection
264committee shall meet in Tallahassee on the first Tuesday after
265the first Monday in November of the January each year preceding
266the a presidential preference primary is held.  The selection
267committee shall publicly announce and submit to the Department
268of State no later than 5 p.m. on the following day the names of
269presidential candidates who shall have their names appear, or
270who are entitled to have their delegates' names appear, on the
271presidential preference primary ballot.  The Department of State
272shall immediately notify each presidential candidate designated
273by the committee.  Such notification shall be in writing, by
274registered mail, with return receipt requested.
275     (b)  Any presidential candidate whose name does not appear
276on the list submitted to the Secretary of State may request that
277the selection committee place his or her name on the ballot.
278Such request shall be made in writing to the Secretary of State
279no later than the second Tuesday after the first Monday in
280November of the year preceding the presidential preference
281primary January.
282     (c)  If a presidential candidate makes a request that the
283selection committee reconsider placing the candidate's name on
284the ballot, the selection committee will reconvene no later than
285the second Thursday after the first Monday in November of the
286year preceding the presidential preference primary January to
287reconsider placing the candidate's name on the ballot. The
288Department of State shall immediately notify such candidate of
289the selection committee's decision.
290     (3)  A candidate's name shall be printed on the
291presidential preference primary ballot unless the candidate
292submits to the Department of State, prior to the second Tuesday
293after the first Monday in November of the year preceding the
294presidential preference primary January, an affidavit stating
295that he or she is not now, and does not presently intend to
296become, a candidate for President at the upcoming nominating
297convention.  If a candidate withdraws pursuant to this
298subsection, the Department of State shall notify the state
299executive committee that the candidate's name will not be placed
300on the ballot.  The Department of State shall, no later than the
301third Tuesday after the first Monday in November of the year
302preceding the presidential preference primary January, certify
303to each supervisor of elections the name of each candidate for
304political party nomination to be printed on the ballot.
305     (6)  Delegates must qualify no later than the second Friday
306in November of the year preceding the presidential preference
307primary January in the manner provided by party rule.
308     Section 4.  Effective July 1, 2007, subsection (3) is added
309to section 101.75, Florida Statutes, to read:
310     101.75  Municipal elections; change of dates for cause.--
311     (3)  Notwithstanding any provision of local law, for any
312municipality whose election is scheduled to be held in March
3132008, the governing body of the municipality, notwithstanding
314any municipal charter provision, may, by ordinance, move the
315date of the general municipal election in 2008 and in each
316subsequent year that is a multiple of 4 to the date concurrent
317with the presidential preference primary. The dates for
318qualifying for the general municipal election moved by the
319passage of such an ordinance shall be specifically provided for
320in the ordinance and shall run for no less than 14 days. The
321term of office for any elected municipal official shall commence
322as provided by the relevant municipal charter or ordinance, and
323the term of office for any elected municipal official whose term
324was due to expire in March 2008 shall expire as provided by the
325relevant municipal charter or ordinance.
326     Section 5.  Effective July 1, 2008, subsection (1) of
327section 101.151, Florida Statutes, is amended to read:
328     101.151  Specifications for ballots.--
329     (1)(a)  Marksense ballots shall be printed on paper of such
330thickness that the printing cannot be distinguished from the
331back and shall meet the specifications of the voting system that
332will be used to tabulate the ballots.
333     (b)  Early voting sites may employ a ballot-on-demand
334production system to print individual marksense ballots,
335including provisional ballots, for eligible electors pursuant to
336s. 101.657. Ballot-on-demand technology may be used to produce
337marksense absentee ballots. Not later than 30 days before an
338election, the Secretary of State may also authorize in writing
339the use of ballot-on-demand technology for the production of
340election-day ballots.
341     Section 6.  Effective July 1, 2008, section 101.56075,
342Florida Statutes, is created to read:
343     101.56075  Voting methods.--
344     (1)  Except as provided in subsection (2), all voting shall
345be by marksense ballot utilizing a marking device for the
346purpose of designating ballot selections.
347     (2)  Persons with disabilities may vote on a voter
348interface device that meets the voting system accessibility
349requirements for individuals with disabilities pursuant to
350section 301 of the federal Help America Vote Act of 2002 and s.
351101.56062.
352     (3)  By 2012, persons with disabilities shall vote on a
353voter interface device that meets the voter accessibility
354requirements for individuals with disabilities under section 301
355of the federal Help America Vote Act of 2002 and s. 101.56062,
356which are consistent with subsection (1) of this section.
357     Section 7.  Effective July 1, 2008, subsection (5) is added
358to section 101.5612, Florida Statutes, to read:
359     101.5612  Testing of tabulating equipment.--
360     (5)  Any tests involving marksense ballots pursuant to this
361section shall employ pre-printed ballots, if pre-printed ballots
362will be used in the election, and ballot-on-demand ballots, if
363ballot-on-demand technology will be used to produce ballots in
364the election, or both.
365     Section 8.  Effective July 1, 2008, section 101.591,
366Florida Statutes, is amended to read:
367      (Substantial rewording of section. See
368     s. 101.591, F.S., for present text.)
369     101.591  Voting system audit.--
370     (1)  Immediately following the certification of each
371election, the county canvassing board or the local board
372responsible for certifying the election shall conduct a manual
373audit of the voting systems used in randomly selected precincts.
374     (2)  The audit shall consist of a public manual tally of
375the votes cast in one randomly selected race that appears on the
376ballot. The tally sheet shall include election-day, absentee,
377early voting, provisional, and overseas ballots, in at least 1
378percent but no more than 2 percent of the precincts chosen at
379random by the county canvassing board or the local board
380responsible for certifying the election. If 1 percent of the
381precincts is less than one entire precinct, the audit shall be
382conducted using at least one precinct chosen at random by the
383county canvassing board or the local board responsible for
384certifying the election. Such precincts shall be selected at a
385publicly-noticed canvassing board meeting.
386     (3)  The canvassing board shall post a notice of the audit,
387including the date, time, and place, in four conspicuous places
388in the county and on the home page of the county supervisor of
389elections web site.
390     (4)  The audit must be completed and the results made
391public no later than 11:59 p.m. on the 7th day following
392certification of the election by the county canvassing board or
393the local board responsible for certifying the election.
394     (5)  Within 15 days after completion of the audit, the
395county canvassing board or the board responsible for certifying
396the election shall provide a report with the results of the
397audit to the Department of State in a standard format as
398prescribed by the department. The report shall contain, but is
399not limited to, the following items:
400     (a)  The overall accuracy of audit.
401     (b)  A description of any problems or discrepancies
402encountered.
403     (c)  The likely cause of such problems or discrepancies.
404     (d)  Recommended corrective action with respect to avoiding
405or mitigating such circumstances in future elections.
406     Section 9.  Effective upon this act becoming a law, the
407Department of State shall adopt rules to implement the
408provisions of s. 101.591, Florida Statutes, as amended by
409section 8 which prescribe detailed audit procedures for each
410voting system, which shall be uniform to the extent practicable,
411along with the standard form for audit reports.
412     Section 10.  Effective upon this act becoming a law:
413     (1)  Notwithstanding ss. 101.292-101.295 and s. 101.5604,
414Florida Statutes, as a condition of the state purchasing optical
415scan voting equipment and ballot-on-demand equipment to replace
416touchscreen equipment as provided in section 11, each recipient
417county hereby authorizes the Secretary of State to act as its
418agent to negotiate the purchase of new equipment and the sale,
419exchange, or other disposition of existing touchscreen voting
420equipment that is not necessary to conduct voting for
421individuals with disabilities. Further, each such county hereby
422designates the Secretary of State as the authorized recipient of
423all proceeds realized from the sale, exchange, or other
424disposition of the voting equipment, after satisfying
425obligations or indebtedness associated with the voting
426equipment, up to and including the state's cost to fund the
427county's new equipment. The secretary shall deposit the proceeds
428in the Grants and Donations Trust Fund within 60 days after the
429sale, exchange, or other disposition.
430     (2)  A county commission may choose to opt out of this
431state funding scheme by filing a notice to that effect with the
432Department of State no later than June 30, 2007. Any county
433choosing to opt out shall continue to be governed by the
434provisions of ss. 101.292-101.295 and s. 101.5604, Florida
435Statutes, with respect to the purchase of new voting systems and
436equipment.
437     Section 11.  Effective July 1, 2007:
438     (1)  The Department of State is authorized to purchase:
439     (a)  Election-day optical scan voting equipment, for the
440following counties:  Broward, Charlotte, Collier, Hillsborough,
441Indian River, Lake, Lee, Martin, Miami-Dade, Nassau, Palm Beach,
442Pasco, Pinellas, Sarasota, and Sumter.
443     (b)  Ballot-on-demand equipment for use at early voting
444sites, including optical scan tabulators, for the following
445counties:  Bay, Brevard, Broward, Charlotte, Clay, Collier,
446Escambia, Hillsborough, Indian River, Jackson, Lake, Lee, Levy,
447Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange, Osceola,
448Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota, St. Johns,
449Sumter, Taylor, and Washington.
450     (2)  The sum of $27,861,850 is appropriated from the Grants
451and Donations Trust Fund to the Division of Elections within the
452Department of State for the purpose of implementing this
453section.
454     Section 12.  Paragraph (b) of subsection (1) of section
45597.041, Florida Statutes, is amended to read:
456     97.041  Qualifications to register or vote.--
457     (1)
458     (b)  A person who is otherwise qualified may preregister on
459or after that person's 17th birthday or receipt of a valid
460Florida driver's license, whichever occurs earlier, and may vote
461in any election occurring on or after that person's 18th
462birthday.
463     Section 13.  Subsections (6) and (7) of section 97.053,
464Florida Statutes, are amended to read:
465     97.053  Acceptance of voter registration applications.--
466     (6)  A voter registration application may be accepted as
467valid only after the department has verified the authenticity or
468nonexistence of the driver's license number, the Florida
469identification card number, or the last four digits of the
470social security number provided by the applicant. If a completed
471voter registration application has been received by the book-
472closing deadline but the driver's license number, the Florida
473identification card number, or the last four digits of the
474social security number provided by the applicant cannot be
475verified, the applicant shall be notified that the application
476is incomplete and that the voter must provide evidence to the
477supervisor sufficient to verify the authenticity of the number
478provided on the application. If the voter provides the necessary
479evidence, the supervisor shall place the voter's name on the
480registration rolls as an active voter. If the voter has not
481provided the necessary evidence or the number has not otherwise
482been verified prior to the applicant presenting himself or
483herself to vote, the applicant shall be provided a provisional
484ballot. The provisional ballot shall be counted only if the
485application is verified by the end of the canvassing period or
486if the applicant presents evidence to the supervisor of
487elections sufficient to verify the authenticity of the driver's
488license number, Florida identification card number, or last four
489digits of the social security number provided on the application
490no later than 5 p.m. of the second third day following the
491election.
492     (7)  All voter registration applications received by a
493voter registration official shall be entered into the statewide
494voter registration system within 13 15 days after receipt. Once
495entered, the application shall be immediately forwarded to the
496appropriate supervisor of elections.
497     Section 14.  Section 99.012, Florida Statutes, is amended
498to read:
499     99.012  Restrictions on individuals qualifying for public
500office.--
501     (1)  As used in this section:
502     (a)  "Officer" means a person, whether elected or
503appointed, who has the authority to exercise the sovereign power
504of the state pertaining to an office recognized under the State
505Constitution or laws of the state.  With respect to a
506municipality, the term "officer" means a person, whether elected
507or appointed, who has the authority to exercise municipal power
508as provided by the State Constitution, state laws, or municipal
509charter.
510     (b)  "Subordinate officer" means a person who has been
511delegated the authority to exercise the sovereign power of the
512state by an officer. With respect to a municipality, subordinate
513officer means a person who has been delegated the authority to
514exercise municipal power by an officer.
515     (2)  No person may qualify as a candidate for more than one
516public office, whether federal, state, district, county, or
517municipal, if the terms or any part thereof run concurrently
518with each other.
519     (3)(a)  No officer may qualify as a candidate for another
520public office, whether state, district, county, or municipal, if
521the terms or any part thereof run concurrently with each other,
522without resigning from the office he or she presently holds.
523     (b)  The resignation is irrevocable.
524     (c)  The written resignation must be submitted at least 10
525days prior to the first day of qualifying for the office he or
526she intends to seek.
527     (d)  The resignation must be effective no later than the
528earlier of the following dates:
529     1.  The date the officer would take office, if elected; or
530     2.  The date the officer's successor is required to take
531office.
532     (e)1.  An elected district, county, or municipal officer
533must submit his or her resignation to the officer before whom he
534or she qualified for the office he or she holds, with a copy to
535the Governor and the Department of State.
536     2.  An appointed district, county, or municipal officer
537must submit his or her resignation to the officer or authority
538which appointed him or her to the office he or she holds, with a
539copy to the Governor and the Department of State.
540     3.  All other officers must submit their resignations to
541the Governor with a copy to the Department of State.
542     (f)1.  With regard to an elective office, the resignation
543creates a vacancy in office to be filled by election.  Persons
544may qualify as candidates for nomination and election as if the
545public officer's term were otherwise scheduled to expire.
546     2.  With regard to an elective charter county office or
547elective municipal office, the vacancy created by the officer's
548resignation may be filled for that portion of the officer's
549unexpired term in a manner provided by the respective charter.  
550The office is deemed vacant upon the effective date of the
551resignation submitted by the official in his or her letter of
552resignation.
553     (g)  Any officer who submits his or her resignation,
554effective immediately or effective on a date prior to the date
555of his or her qualifying for office, may then qualify for office
556as a nonofficeholder, and the provisions of this subsection do
557not apply.
558     (4)(a)  Any officer who qualifies for federal public office
559must resign from the office he or she presently holds if the
560terms or any part thereof run concurrently with each other.
561     (b)  The resignation is irrevocable.
562     (c)  The resignation must be submitted no later than the
563date upon which the officer qualifies for office.
564     (d)  The written resignation must be effective no later
565than the earlier of the following dates:
566     1.  The date the officer would take office, if elected; or
567     2.  The date the officer's successor is required to take
568office.
569     (e)1.  An elected district, county, or municipal officer
570must submit his or her resignation to the officer before whom he
571or she qualified for the office he or she holds, with a copy to
572the Governor and the Department of State.
573     2.  An appointed district, county, or municipal officer
574must submit his or her resignation to the officer or authority
575which appointed him or her to the office he or she holds, with a
576copy to the Governor and the Department of State.
577     3.  All other officers must submit their resignations to
578the Governor with a copy to the Department of State.
579     (f)1.  The failure of an officer who qualifies for federal
580public office to submit a resignation pursuant to this
581subsection constitutes an automatic irrevocable resignation,
582effective immediately, from the office he or she presently
583holds.
584     2.  The Department of State shall send a notice of the
585automatic resignation to the Governor, and in the case of a
586district, county, or municipal officer, a copy to:
587     a.  The officer before whom he or she qualified if the
588officer held an elective office; or
589     b.  The person or authority who appointed the officer if
590the officer held an appointive office.
591     (g)  The provisions of any special act to the contrary
592notwithstanding, with regard to an elective office, the
593resignation creates a vacancy in office to be filled by
594election, thereby permitting persons to qualify as candidates
595for nomination and election as if the officer's term were
596otherwise scheduled to expire.  With regard to an elective
597charter county office or elective municipal office, the vacancy
598created by the officer's resignation may be filled for that
599portion of the officer's unexpired term in a manner provided by
600the respective charter.  The office is deemed vacant upon the
601effective date of the resignation submitted by the official in
602his or her letter of resignation.
603     (4)(5)  A person who is a subordinate officer, deputy
604sheriff, or police officer must resign effective upon qualifying
605pursuant to this chapter if the person is seeking to qualify for
606a public office that is currently held by an officer who has
607authority to appoint, employ, promote, or otherwise supervise
608that person and who has qualified as a candidate for reelection
609to that office.
610     (5)(6)  The name of any person who does not comply with
611this section may be removed from every ballot on which it
612appears when ordered by a circuit court upon the petition of an
613elector or the Department of State.
614     (6)(7)  This section does not apply to:
615     (a)  Political party offices.
616     (b)  Persons serving without salary as members of an
617appointive board or authority.
618     (c)  Persons seeking any federal public office.
619     (7)(8)  Nothing contained in subsections (3) and (4)
620relates to persons holding any federal office.
621     Section 15.  Paragraph (a) of subsection (1) of section
62299.021, Florida Statutes, is amended to read:
623     99.021  Form of candidate oath.--
624     (1)(a)1.  Each candidate, whether a party candidate, a
625candidate with no party affiliation, or a write-in candidate, in
626order to qualify for nomination or election to any office other
627than a judicial office as defined in chapter 105 or a federal
628office, shall take and subscribe to an oath or affirmation in
629writing.  A printed copy of the oath or affirmation shall be
630furnished to the candidate by the officer before whom such
631candidate seeks to qualify and shall be substantially in the
632following form:
633
634 State of Florida
635 County of ....
636     Before me, an officer authorized to administer oaths,
637personally appeared ... please print name as you wish it to
638appear on the ballot) ..., to me well known, who, being sworn,
639says that he or she is a candidate for the office of  ...; that
640he or she is a qualified elector of ....County, Florida; that he
641or she is qualified under the Constitution and the laws of
642Florida to hold the office to which he or she desires to be
643nominated or elected; that he or she has taken the oath required
644by ss. 876.05-876.10, Florida Statutes; that he or she has
645qualified for no other public office in the state, the term of
646which office or any part thereof runs concurrent with that of
647the office he or she seeks; and that he or she has resigned from
648any office from which he or she is required to resign pursuant
649to s. 99.012, Florida Statutes.  
650...(Signature of candidate) ...
651
652... (Address) ...
653
654 Sworn to and subscribed before me this  ....day of ...., (year)
655..., at .... County, Florida.  
656...(Signature and title of officer administering oath) ...
657
658     2.  Each candidate for federal office, whether a party
659candidate, a candidate with no party affiliation, or a write-in
660candidate, in order to qualify for nomination or election to
661office shall take and subscribe to an oath or affirmation in
662writing. A printed copy of the oath or affirmation shall be
663furnished to the candidate by the officer before whom such
664candidate seeks to qualify and shall be substantially in the
665following form:
666
667 State of Florida
668
669 County of __________
670     Before me, an officer authorized to administer oaths,
671personally appeared (please print name as you wish it to appear
672on the ballot), to me well known, who, being sworn, says that he
673or she is a candidate for the office of __________; that he or
674she is qualified under the Constitution and laws of the United
675States to hold the office to which he or she desires to be
676nominated or elected; that he or she has qualified for no other
677public office in the state, the term of which office or any part
678thereof runs concurrent with that of the office he or she seeks;
679and that he or she has resigned from any office from which he or
680she is required to resign pursuant to s. 99.012, Florida
681Statutes.
682
683__(Signature of candidate) __
684 (Address)
685
686Sworn to and subscribed before me this _____ day of ______
687(year), at _____ County, Florida.  
688...(Signature and title of officer administering oath) ...
689
690     Section 16.  Section 99.061, Florida Statutes, is amended
691to read:
692     99.061  Method of qualifying for nomination or election to
693federal, state, county, or district office.--
694     (1)  The provisions of any special act to the contrary
695notwithstanding, each person seeking to qualify for nomination
696or election to a federal, state, or multicounty district office,
697other than election to a judicial office as defined in chapter
698105 or the office of school board member, shall file his or her
699qualification papers with, and pay the qualifying fee, which
700shall consist of the filing fee and election assessment, and
701party assessment, if any has been levied, to, the Department of
702State, or qualify by the petition process pursuant to s. 99.095
703with the Department of State, at any time after noon of the 1st
704day for qualifying, which shall be as follows: the 120th day
705prior to the primary election, but not later than noon of the
706116th day prior to the date of the primary election, for persons
707seeking to qualify for nomination or election to federal office
708or to the office of the state attorney or the public defender;
709and noon of the 71st 50th day prior to the primary election, but
710not later than noon of the 67th 46th day prior to the date of
711the primary election, for persons seeking to qualify for
712nomination or election to a state or multicounty district
713office, other than the office of the state attorney or the
714public defender.
715     (2)  The provisions of any special act to the contrary
716notwithstanding, each person seeking to qualify for nomination
717or election to a county office, or district or special district
718office not covered by subsection (1), shall file his or her
719qualification papers with, and pay the qualifying fee, which
720shall consist of the filing fee and election assessment, and
721party assessment, if any has been levied, to, the supervisor of
722elections of the county, or shall qualify by the petition
723process pursuant to s. 99.095 with the supervisor of elections,
724at any time after noon of the 1st day for qualifying, which
725shall be the 71st 50th day prior to the primary election or
726special district election, but not later than noon of the 67th
72746th day prior to the date of the primary election or special
728district election. However, if a special district election is
729held at the same time as the general election, qualifying shall
730be the 50th day prior to the primary election, but not later
731than noon of the 46th day prior to the date of the primary
732election. Within 30 days after the closing of qualifying time,
733the supervisor of elections shall remit to the secretary of the
734state executive committee of the political party to which the
735candidate belongs the amount of the filing fee, two-thirds of
736which shall be used to promote the candidacy of candidates for
737county offices and the candidacy of members of the Legislature.
738     (3)  Notwithstanding the provisions of any special act to
739the contrary, each person seeking to qualify for election to a
740special district office shall qualify between noon of the 71st
741day prior to the primary election and noon of the 67th day prior
742to the date of the primary election. Candidates for single
743county special districts shall qualify with the supervisor of
744elections in the county in which the district is located. If the
745district is a multicounty district, candidates shall qualify
746with the Department of State. All special district candidates
747shall qualify by paying a filing fee of $25 or qualify by the
748petition process pursuant to s. 99.095. Notwithstanding s.
749106.021, a candidate who does not collect contributions and
750whose only expense is the filing fee or signature verification
751fee is not required to appoint a campaign treasurer or designate
752a primary campaign depository.
753     (4)(3)(a)  Each person seeking to qualify for election to
754office as a write-in candidate shall file his or her
755qualification papers with the respective qualifying officer at
756any time after noon of the 1st day for qualifying, but not later
757than noon of the last day of the qualifying period for the
758office sought.
759     (b)  Any person who is seeking election as a write-in
760candidate shall not be required to pay a filing fee, election
761assessment, or party assessment. A write-in candidate is shall
762not be entitled to have his or her name printed on any ballot;
763however, space for the write-in candidate's name to be written
764in must shall be provided on the general election ballot. A No
765person may not qualify as a write-in candidate if the person has
766also otherwise qualified for nomination or election to such
767office.
768     (5)(4)  At the time of qualifying for office, each
769candidate for a constitutional office shall file a full and
770public disclosure of financial interests pursuant to s. 8, Art.
771II of the State Constitution, and a candidate for any other
772office, including local elective office, shall file a statement
773of financial interests pursuant to s. 112.3145.
774     (6)(5)  The Department of State shall certify to the
775supervisor of elections, within 7 days after the closing date
776for qualifying, the names of all duly qualified candidates for
777nomination or election who have qualified with the Department of
778State.
779     (6)  Notwithstanding the qualifying period prescribed in
780this section, if a candidate has submitted the necessary
781petitions by the required deadline in order to qualify by the
782petition process pursuant to s. 99.095 as a candidate for
783nomination or election and the candidate is notified after the
7845th day prior to the last day for qualifying that the required
785number of signatures has been obtained, the candidate is
786entitled to subscribe to the candidate's oath and file the
787qualifying papers at any time within 5 days from the date the
788candidate is notified that the necessary number of signatures
789has been obtained. Any candidate who qualifies within the time
790prescribed in this subsection is entitled to have his or her
791name printed on the ballot.
792     (7)(a)  In order for a candidate to be qualified, the
793following items must be received by the filing officer by the
794end of the qualifying period:
795     1.  A properly executed check drawn upon the candidate's
796campaign account in an amount not less than the fee required by
797s. 99.092 or, in lieu thereof, as applicable, the copy of the
798notice of obtaining ballot position pursuant to s. 99.095. The
799filing fee for a special district candidate is not required to
800be drawn upon the candidate's campaign account. If a candidate's
801check is returned by the bank for any reason, the filing officer
802shall immediately notify the candidate and the candidate shall,
803the end of qualifying notwithstanding, have 48 hours from the
804time such notification is received, excluding Saturdays,
805Sundays, and legal holidays, to pay the fee with a cashier's
806check purchased from funds of the campaign account. Failure to
807pay the fee as provided in this subparagraph shall disqualify
808the candidate.
809     2.  The candidate's oath required by s. 99.021, which must
810contain the name of the candidate as it is to appear on the
811ballot; the office sought, including the district or group
812number if applicable; and the signature of the candidate, duly
813acknowledged.
814     3.  The loyalty oath required by s. 876.05, signed by the
815candidate and duly acknowledged.
816     4.  If the office sought is partisan, the written statement
817of political party affiliation required by s. 99.021(1)(b).
818     5.  The completed form for the appointment of campaign
819treasurer and designation of campaign depository, as required by
820s. 106.021.
821     6.  The full and public disclosure or statement of
822financial interests required by subsection (5) (4). A public
823officer who has filed the full and public disclosure or
824statement of financial interests with the Commission on Ethics
825or the supervisor of elections prior to qualifying for office
826may file a copy of that disclosure at the time of qualifying.
827     (b)  If the filing officer receives qualifying papers that
828do not include all items as required by paragraph (a) prior to
829the last day of qualifying, the filing officer shall make a
830reasonable effort to notify the candidate of the missing or
831incomplete items and shall inform the candidate that all
832required items must be received by the close of qualifying. A
833candidate's name as it is to appear on the ballot may not be
834changed after the end of qualifying.
835     (8)  Notwithstanding the qualifying period prescribed in
836this section, a qualifying office may accept and hold qualifying
837papers submitted not earlier than 14 days prior to the beginning
838of the qualifying period, to be processed and filed during the
839qualifying period.
840     (9)  Notwithstanding the qualifying period prescribed by
841this section, in each year in which the Legislature apportions
842the state, the qualifying period for persons seeking to qualify
843for nomination or election to federal office shall be between
844noon of the 71st 57th day prior to the primary election, but not
845later than noon of the 67th 53rd day prior to the primary
846election.
847     (10)  The Department of State may prescribe by rule
848requirements for filing papers to qualify as a candidate under
849this section.
850     Section 17.  Subsections (2) and (4) of section 99.095,
851Florida Statutes, are amended to read:
852     99.095  Petition process in lieu of a qualifying fee and
853party assessment.--
854     (2)(a)  Except as provided in paragraph (b), a candidate
855must shall obtain the number of signatures of voters in the
856geographical area represented by the office sought equal to at
857least 1 percent of the total number of registered voters of that
858geographical area, as shown by the compilation by the department
859for the immediately last preceding general election. Signatures
860may not be obtained until the candidate has filed the
861appointment of campaign treasurer and designation of campaign
862depository pursuant to s. 106.021.
863     (b)  A candidate for a special district office shall obtain
86425 signatures of voters in the geographical area represented by
865the office sought.
866     (c)(b)  The format of the petition shall be prescribed by
867the division and shall be used by candidates to reproduce
868petitions for circulation. If the candidate is running for an
869office that requires a group or district designation, the
870petition must indicate that designation and, if it does not, the
871signatures are not valid. A separate petition is required for
872each candidate.
873     (4)(a)  Certifications for candidates for federal, state,
874or multicounty district, or multicounty special district office
875shall be submitted to the division no later than the 7th day
876before the first day of the qualifying period for the office
877sought. The division shall determine whether the required number
878of signatures has been obtained and shall notify the candidate.
879     (b)  For candidates for county, or district, or special
880district office not covered by paragraph (a), the supervisor
881shall determine whether the required number of signatures has
882been obtained and shall notify the candidate.
883     Section 18.  Effective upon this act becoming a law,
884section 99.096, Florida Statutes, is amended to read:
885     99.096 Minor political party candidates; names on ballot.--
886     (1)  No later than noon of the third day prior to the first
887day of the qualifying period prescribed for federal candidates,
888the executive committee of a minor political party shall submit
889to the Department of State a list of federal candidates
890nominated by the party to be on the general election ballot. No
891later than noon of the third day prior to the first day of the
892qualifying period for state candidates, the executive committee
893of a minor political party shall submit to the filing officer
894for each of the candidates the official list of the state,
895multicounty, and county candidates nominated by that party to be
896on the ballot in the general election. The official list of
897nominated candidates may not be changed by the party after
898having been filed with the filing officers, except that
899vacancies in nominations may be filled pursuant to s. 100.111.
900     (2)  Each person seeking to qualify for election as a
901candidate of a minor political party shall file his or her
902qualifying papers with, and pay the qualifying fee and, if one
903has been levied, the party assessment, or qualify by the
904petition process pursuant to s. 99.095, with the officer and at
905the times and under the circumstances provided in s. 99.061.
906     Section 19.  Effective upon this act becoming a law,
907section 99.0965, Florida Statutes, is repealed.
908     Section 20.  Paragraph (a) of subsection (2) of section
909100.041, Florida Statutes, is amended to read:
910     100.041  Officers chosen at general election.--
911     (2)(a)  Each county commissioner from an odd-numbered
912district shall be elected at the general election in each year
913the number of which is a multiple of 4, for a 4-year term
914commencing on the second Tuesday following such election, and
915each county commissioner from an even-numbered district shall be
916elected at the general election in each even-numbered year the
917number of which is not a multiple of 4, for a 4-year term
918commencing on the second Tuesday following such election. A
919county commissioner is "elected" for purposes of this paragraph
920on the date that the county canvassing board certifies the
921results of the election pursuant to s. 102.151.
922     Section 21.  Effective upon this act becoming a law,
923section 100.051, Florida Statutes, is amended to read:
924     100.051  Candidate's name on general election ballot.--The
925supervisor of elections of each county shall print on ballots to
926be used in the county at the next general election the names of
927candidates who have been nominated by a political party, other
928than a minor political party, and the candidates who have
929otherwise obtained a position on the general election ballot in
930compliance with the requirements of this code.
931     Section 22.  Section 100.061, Florida Statutes, is amended
932to read:
933     100.061  Primary election.--In each year in which a general
934election is held, a primary election for nomination of
935candidates of political parties shall be held on the Tuesday 10
9369 weeks prior to the general election. The candidate receiving
937the highest number of votes cast in each contest in the primary
938election shall be declared nominated for such office. If two or
939more candidates receive an equal and highest number of votes for
940the same office, such candidates shall draw lots to determine
941which candidate is nominated.
942     Section 23.  Effective upon this act becoming a law,
943subsection (3) of section 100.111, Florida Statutes, is amended
944to read:
945     100.111  Filling vacancy.--
946     (3)  Whenever there is a vacancy for which a special
947election is required pursuant to s. 100.101, the Governor, after
948consultation with the Secretary of State, shall fix the dates of
949a special primary election and a special election. Nominees of
950political parties other than minor political parties shall be
951chosen under the primary laws of this state in the special
952primary election to become candidates in the special election.
953Prior to setting the special election dates, the Governor shall
954consider any upcoming elections in the jurisdiction where the
955special election will be held. The dates fixed by the Governor
956shall be specific days certain and shall not be established by
957the happening of a condition or stated in the alternative. The
958dates fixed shall provide a minimum of 2 weeks between each
959election. In the event a vacancy occurs in the office of state
960senator or member of the House of Representatives when the
961Legislature is in regular legislative session, the minimum times
962prescribed by this subsection may be waived upon concurrence of
963the Governor, the Speaker of the House of Representatives, and
964the President of the Senate. If a vacancy occurs in the office
965of state senator and no session of the Legislature is scheduled
966to be held prior to the next general election, the Governor may
967fix the dates for the special primary election and for the
968special election to coincide with the dates of the primary
969election and general election. If a vacancy in office occurs in
970any district in the state Senate or House of Representatives or
971in any congressional district, and no session of the
972Legislature, or session of Congress if the vacancy is in a
973congressional district, is scheduled to be held during the
974unexpired portion of the term, the Governor is not required to
975call a special election to fill such vacancy.
976     (a)  The dates for candidates to qualify in such special
977election or special primary election shall be fixed by the
978Department of State, and candidates shall qualify not later than
979noon of the last day so fixed. The dates fixed for qualifying
980shall allow a minimum of 14 days between the last day of
981qualifying and the special primary election.
982     (b)  The filing of campaign expense statements by
983candidates in such special elections or special primaries and by
984committees making contributions or expenditures to influence the
985results of such special primaries or special elections shall be
986not later than such dates as shall be fixed by the Department of
987State, and in fixing such dates the Department of State shall
988take into consideration and be governed by the practical time
989limitations.
990     (c)  The dates for a candidate to qualify by the petition
991process pursuant to s. 99.095 in such special primary or special
992election shall be fixed by the Department of State. In fixing
993such dates the Department of State shall take into consideration
994and be governed by the practical time limitations. Any candidate
995seeking to qualify by the petition process in a special primary
996election shall obtain 25 percent of the signatures required by
997s. 99.095.
998     (d)  The qualifying fees and party assessments of such
999candidates as may qualify shall be the same as collected for the
1000same office at the last previous primary for that office. The
1001party assessment shall be paid to the appropriate executive
1002committee of the political party to which the candidate belongs.
1003     (e)  Each county canvassing board shall make as speedy a
1004return of the result of such special primary elections and
1005special elections as time will permit, and the Elections
1006Canvassing Commission likewise shall make as speedy a canvass
1007and declaration of the nominees as time will permit.
1008     Section 24.  Section 100.191, Florida Statutes, is amended
1009to read:
1010     100.191  General election laws applicable to special
1011elections; returns.--All laws that are applicable to general
1012elections are applicable to special elections or special primary
1013elections to fill a vacancy in office or nomination, except that
1014the canvass of returns by the county canvassing board of each
1015county in which a special election is held shall be made on the
1016day following the election, and the certificate of the result of
1017the canvass shall be immediately forwarded to the Department of
1018State. The Elections Canvassing Commission shall immediately,
1019upon receipt of returns from the county in which a special
1020election is held, proceed to canvass the returns and determine
1021and declare the result thereof.
1022     Section 25.  Effective August 1, 2007, subsections (1) and
1023(3) of section 100.371, Florida Statutes, are amended, present
1024subsection (6) of that section is renumbered as subsection (7)
1025and amended, and a new subsection (6) is added to that section,
1026to read:
1027     100.371  Initiatives; procedure for placement on ballot.--
1028     (1)  Constitutional amendments proposed by initiative shall
1029be placed on the ballot for the general election, provided the
1030initiative petition has been filed with the Secretary of State
1031no later than February 1 of the year the general election is
1032held. A petition shall be deemed to be filed with the Secretary
1033of State upon the date the secretary determines that valid and
1034verified the petition forms have has been signed by the
1035constitutionally required number and distribution of electors
1036under this code, subject to the right of revocation established
1037in this section.
1038     (3)  Each signature shall be dated when made and shall be
1039valid for a period of 4 years following such date, provided all
1040other requirements of law are met. The sponsor shall submit
1041signed and dated forms to the appropriate supervisor of
1042elections for verification as to the number of registered
1043electors whose valid signatures appear thereon. The supervisor
1044shall promptly verify the signatures within 30 days of receipt
1045of the petition forms and upon payment of the fee required by s.
104699.097. The supervisor shall promptly record each valid
1047signature in the statewide voter registration system, in the
1048manner prescribed by the Secretary of State, the date each form
1049is received by the supervisor and the date the signature on the
1050form is verified as valid. The supervisor may verify that the
1051signature on a form is valid only if:
1052     (a)  The form contains the original signature of the
1053purported elector.
1054     (b)  The purported elector has accurately recorded on the
1055form the date on which he or she signed the form.
1056     (c)  The form accurately sets forth the purported elector's
1057name, street address, county, and voter registration number or
1058date of birth.
1059     (d)  The purported elector is, at the time he or she signs
1060the form, a duly qualified and registered elector authorized to
1061vote in the county in which his or her signature is submitted.
1062
1063The supervisor shall retain the signature forms for at least 1
1064year following the election in which the issue appeared on the
1065ballot or until the Division of Elections notifies the
1066supervisors of elections that the committee which circulated the
1067petition is no longer seeking to obtain ballot position.
1068     (6)(a)  An elector's signature on a petition form may be
1069revoked within 150 days of the date on which he or she signed
1070the petition form by submitting to the appropriate supervisor of
1071elections a signed petition-revocation form adopted by rule for
1072this purpose by the division.
1073      (b)  The petition-revocation form and the manner in which
1074signatures are obtained, submitted, and verified shall be
1075subject to the same relevant requirements and timeframes as the
1076corresponding petition form and processes under this code and
1077shall be approved by the Secretary of State before any signature
1078on a petition-revocation form is obtained.
1079      (c)  Supervisors of elections shall provide petition-
1080revocation forms to the public at all main and branch offices.
1081      (d)  The petition-revocation form shall be filed with the
1082supervisor of elections by February 1 preceding the next general
1083election or, if the initiative amendment is not certified for
1084ballot position in that election, by February 1 preceding the
1085next successive general election. The supervisor of elections
1086shall promptly verify the signature on the petition-revocation
1087form and process such revocation upon payment, in advance, of a
1088fee of 10 cents or the actual cost of verifying such signature,
1089whichever is less. The supervisor shall promptly record each
1090valid and verified petition-revocation form in the statewide
1091voter registration system in the manner prescribed by the
1092Secretary of State.
1093     (7)(6)  The Department of State may adopt rules in
1094accordance with s. 120.54 to carry out the provisions of
1095subsections (1)-(6) (1)-(5).
1096     Section 26.  Subsection (1) of section 101.043, Florida
1097Statutes, is amended to read:
1098     101.043  Identification required at polls.--
1099     (1)  The precinct register, as prescribed in s. 98.461,
1100shall be used at the polls for the purpose of identifying the
1101elector at the polls prior to allowing him or her to vote. The
1102clerk or inspector shall require each elector, upon entering the
1103polling place, to present one of the following current and valid
1104picture identifications:
1105     (a)  Florida driver's license.
1106     (b)  Florida identification card issued by the Department
1107of Highway Safety and Motor Vehicles.
1108     (c)  United States passport.
1109     (d)  Employee badge or identification.
1110     (e)  Buyer's club identification.
1111     (d)(f)  Debit or credit card.
1112     (e)(g)  Military identification.
1113     (f)(h)  Student identification.
1114     (g)(i)  Retirement center identification.
1115     (h)(j)  Neighborhood association identification.
1116     (i)(k)  Public assistance identification.
1117
1118If the picture identification does not contain the signature of
1119the voter, an additional identification that provides the
1120voter's signature shall be required. The elector shall sign his
1121or her name in the space provided on the precinct register or on
1122an electronic device provided for recording the voter's
1123signature. The clerk or inspector shall compare the signature
1124with that on the identification provided by the elector and
1125enter his or her initials in the space provided on the precinct
1126register or on an electronic device provided for that purpose
1127and allow the elector to vote if the clerk or inspector is
1128satisfied as to the identity of the elector.
1129     Section 27.  Subsection (1) of section 101.048, Florida
1130Statutes, is amended to read:
1131     101.048  Provisional ballots.--
1132     (1)  At all elections, a voter claiming to be properly
1133registered in the state and eligible to vote at the precinct in
1134the election but whose eligibility cannot be determined, a
1135person whom an election official asserts is not eligible, and
1136other persons specified in the code shall be entitled to vote a
1137provisional ballot. Once voted, the provisional ballot shall be
1138placed in a secrecy envelope and thereafter sealed in a
1139provisional ballot envelope. The provisional ballot shall be
1140deposited in a ballot box. All provisional ballots shall remain
1141sealed in their envelopes for return to the supervisor of
1142elections. The department shall prescribe the form of the
1143provisional ballot envelope. A person casting a provisional
1144ballot shall have the right to present written evidence
1145supporting his or her eligibility to vote to the supervisor of
1146elections by not later than 5 p.m. on the second third day
1147following the election.
1148     Section 28.  Subsection (1) of section 101.573, Florida
1149Statutes, is amended to read:
1150     101.573  Record of votes by precinct.--
1151     (1)  Within 35 75 days after the date of a municipal
1152election or runoff, whichever occurs later, a presidential
1153preference primary, a primary election, a special election, or a
1154general election, the supervisor of elections shall file with
1155the Department of State precinct-level election results, in an
1156electronic format specified by the Department of State, for that
1157election cycle, including any primary elections. Precinct-level
1158election results shall separately record for each precinct all
1159demographic data associated with each precinct at book close for
1160each election, individual vote history, the returns of ballots
1161cast at the precinct location, to which have been added the
1162returns of absentee ballots cast by voters registered in the
1163precinct, and the returns of early ballots cast by voters
1164registered in the precinct. The data are required to be cross
1165referenced by political party and other demographic information
1166as defined by the Department of State. The Department of State
1167shall create a uniform system for the collection and reporting
1168of such precinct-level election results and vote history.
1169     Section 29.  Subsections (6) and (8) of section 101.6103,
1170Florida Statutes, are amended to read:
1171     101.6103  Mail ballot election procedure.--
1172     (6)  The canvassing board may begin the canvassing of mail
1173ballots at 7 a.m. on the sixth fourth day before the election,
1174including processing the ballots through the tabulating
1175equipment. However, results may not be released until after 7
1176p.m. on election day. Any canvassing board member or election
1177employee who releases any result before 7 p.m. on election day
1178commits a felony of the third degree, punishable as provided in
1179s. 775.082, s. 775.083, or s. 775.084.
1180     (8)  Effective July 1, 2005, A ballot that otherwise
1181satisfies the requirements of subsection (5) shall be counted
1182even if the elector dies after mailing the ballot but before
1183election day, as long as, prior to the death of the voter, the
1184ballot was:
1185     (a)  Postmarked by the United States Postal Service;
1186     (b)  Date-stamped with a verifiable tracking number by
1187common carrier; or
1188     (c)  Already in the possession of the supervisor of
1189elections.
1190     Section 30.  Effective July 1, 2007, subsections (1) and
1191(4) of section 101.62, Florida Statutes, are amended to read:
1192     101.62  Request for absentee ballots.--
1193     (1)(a)  The supervisor may accept a request for an absentee
1194ballot from an elector in person or in writing. Except as
1195provided in s. 101.694, one request shall be deemed sufficient
1196to receive an absentee ballot for all elections through the next
1197two regularly scheduled general elections which are held within
1198a calendar year, unless the elector or the elector's designee
1199indicates at the time the request is made the elections for
1200which the elector desires to receive an absentee ballot. Such
1201request may be considered canceled when any first-class mail
1202sent by the supervisor to the elector is returned as
1203undeliverable.
1204     (b)  The supervisor may accept a written or telephonic
1205request for an absentee ballot from the elector, or, if directly
1206instructed by the elector, a member of the elector's immediate
1207family, or the elector's legal guardian. For purposes of this
1208section, the term "immediate family" has the same meaning as
1209specified in paragraph (4)(b). The person making the request
1210must disclose:
1211     1.  The name of the elector for whom the ballot is
1212requested;
1213     2.  The elector's address;
1214     3.  The elector's date of birth;
1215     4.  The requester's name;
1216     5.  The requester's address;
1217     6.  The requester's driver's license number, if available;
1218     7.  The requester's relationship to the elector; and
1219     8.  The requester's signature (written requests only).
1220     (4)(a)  To each absent qualified elector overseas who has
1221requested an absentee ballot, the supervisor of elections shall
1222mail an absentee ballot not less fewer than 35 days before the
1223primary election and not less than 45 days before the or general
1224election.
1225     (b)  The supervisor shall provide an absentee ballot to
1226each elector by whom a request for that ballot has been made by
1227one of the following means:
1228     1.  By nonforwardable, return-if-undeliverable mail to the
1229elector's current mailing address on file with the supervisor,
1230unless the elector specifies in the request that:
1231     a.  The elector is absent from the county and does not plan
1232to return before the day of the election;
1233     b.  The elector is temporarily unable to occupy the
1234residence because of hurricane, tornado, flood, fire, or other
1235emergency or natural disaster; or
1236     c.  The elector is in a hospital, assisted-living facility,
1237nursing home, short-term medical or rehabilitation facility, or
1238correctional facility,
1239
1240in which case the supervisor shall mail the ballot by
1241nonforwardable, return-if-undeliverable mail to any other
1242address the elector specifies in the request.
1243     2.  By forwardable mail to voters who are entitled to vote
1244by absentee ballot under the Uniformed and Overseas Citizens
1245Absentee Voting Act.
1246     3.  By personal delivery before 7 p.m. on election day to
1247the elector, upon presentation of the identification required in
1248s. 101.043 s. 101.657.
1249     4.  By delivery to a designee on election day or up to 5 4
1250days prior to the day of an election. Any elector may designate
1251in writing a person to pick up the ballot for the elector;
1252however, the person designated may not pick up more than two
1253absentee ballots per election, other than the designee's own
1254ballot, except that additional ballots may be picked up for
1255members of the designee's immediate family. For purposes of this
1256section, "immediate family" means the designee's spouse or the
1257parent, child, grandparent, or sibling of the designee or of the
1258designee's spouse. The designee shall provide to the supervisor
1259the written authorization by the elector and a picture
1260identification of the designee and must complete an affidavit.
1261The designee shall state in the affidavit that the designee is
1262authorized by the elector to pick up that ballot and shall
1263indicate if the elector is a member of the designee's immediate
1264family and, if so, the relationship. The department shall
1265prescribe the form of the affidavit. If the supervisor is
1266satisfied that the designee is authorized to pick up the ballot
1267and that the signature of the elector on the written
1268authorization matches the signature of the elector on file, the
1269supervisor shall give the ballot to that designee for delivery
1270to the elector.
1271     Section 31.  Subsection (2) of section 101.68, Florida
1272Statutes, is amended to read:
1273     101.68  Canvassing of absentee ballot.--
1274     (2)(a)  The county canvassing board may begin the
1275canvassing of absentee ballots at 7 a.m. on the sixth fourth day
1276before the election, but not later than noon on the day
1277following the election. In addition, for any county using
1278electronic tabulating equipment, the processing of absentee
1279ballots through such tabulating equipment may begin at 7 a.m. on
1280the sixth fourth day before the election. However,
1281notwithstanding any such authorization to begin canvassing or
1282otherwise processing absentee ballots early, no result shall be
1283released until after the closing of the polls in that county on
1284election day. Any supervisor of elections, deputy supervisor of
1285elections, canvassing board member, election board member, or
1286election employee who releases the results of a canvassing or
1287processing of absentee ballots prior to the closing of the polls
1288in that county on election day commits a felony of the third
1289degree, punishable as provided in s. 775.082, s. 775.083, or s.
1290775.084.
1291     (b)  To ensure that all absentee ballots to be counted by
1292the canvassing board are accounted for, the canvassing board
1293shall compare the number of ballots in its possession with the
1294number of requests for ballots received to be counted according
1295to the supervisor's file or list.
1296     (c)1.  The canvassing board shall, if the supervisor has
1297not already done so, compare the signature of the elector on the
1298voter's certificate with the signature of the elector in the
1299registration books to see that the elector is duly registered in
1300the county and to determine the legality of that absentee
1301ballot. Effective July 1, 2005, The ballot of an elector who
1302casts an absentee ballot shall be counted even if the elector
1303dies on or before election day, as long as, prior to the death
1304of the voter, the ballot was postmarked by the United States
1305Postal Service, date-stamped with a verifiable tracking number
1306by common carrier, or already in the possession of the
1307supervisor of elections. An absentee ballot shall be considered
1308illegal if it does not include the signature of the elector, as
1309shown by the registration records. However, an absentee ballot
1310shall not be considered illegal if the signature of the elector
1311does not cross the seal of the mailing envelope. If the
1312canvassing board determines that any ballot is illegal, a member
1313of the board shall, without opening the envelope, mark across
1314the face of the envelope: "rejected as illegal." The envelope
1315and the ballot contained therein shall be preserved in the
1316manner that official ballots voted are preserved.
1317     2.  If any elector or candidate present believes that an
1318absentee ballot is illegal due to a defect apparent on the
1319voter's certificate, he or she may, at any time before the
1320ballot is removed from the envelope, file with the canvassing
1321board a protest against the canvass of that ballot, specifying
1322the precinct, the ballot, and the reason he or she believes the
1323ballot to be illegal. A challenge based upon a defect in the
1324voter's certificate may not be accepted after the ballot has
1325been removed from the mailing envelope.
1326     (d)  The canvassing board shall record the ballot upon the
1327proper record, unless the ballot has been previously recorded by
1328the supervisor. The mailing envelopes shall be opened and the
1329secrecy envelopes shall be mixed so as to make it impossible to
1330determine which secrecy envelope came out of which signed
1331mailing envelope; however, in any county in which an electronic
1332or electromechanical voting system is used, the ballots may be
1333sorted by ballot styles and the mailing envelopes may be opened
1334and the secrecy envelopes mixed separately for each ballot
1335style. The votes on absentee ballots shall be included in the
1336total vote of the county.
1337     Section 32.  Subsection (2) of section 102.112, Florida
1338Statutes, is amended to read:
1339     102.112  Deadline for submission of county returns to the
1340Department of State.--
1341     (2)  Returns must be filed by 5 p.m. on the 7th day
1342following a primary election and by noon 5 p.m. on the 12th 11th
1343day following the general election. However, the Department of
1344State may correct typographical errors, including the
1345transposition of numbers, in any returns submitted to the
1346Department of State pursuant to s. 102.111(1).
1347     Section 33.  Present subsections (4) through (9) of section
1348102.141, Florida Statutes, are renumbered as subsections (5)
1349through (10), respectively, present subsections (4) and (6) of
1350that section are amended, and a new subsection (4) is added to
1351that section, to read:
1352     102.141  County canvassing board; duties.--
1353     (4)  The canvassing board shall submit by 11:59 p.m. on
1354election night the preliminary returns it has received to the
1355Department of State in a format provided by the department.
1356     (5)(4)  The canvassing board shall submit on forms or in
1357formats provided by the division unofficial returns to the
1358Department of State for each federal, statewide, state, or
1359multicounty office or ballot measure no later than noon on the
1360third day after any primary election and no later than noon on
1361the fourth fifth day after any general or other election. Such
1362returns shall include the canvass of all ballots as required by
1363subsection (2), except for provisional ballots, which returns
1364shall be reported at the time required for official returns
1365pursuant to s. 102.112(2).
1366     (7)(6)  If the unofficial returns reflect that a candidate
1367for any office was defeated or eliminated by one-half of a
1368percent or less of the votes cast for such office, that a
1369candidate for retention to a judicial office was retained or not
1370retained by one-half of a percent or less of the votes cast on
1371the question of retention, or that a measure appearing on the
1372ballot was approved or rejected by one-half of a percent or less
1373of the votes cast on such measure, the board responsible for
1374certifying the results of the vote on such race or measure shall
1375order a recount of the votes cast with respect to such office or
1376measure. The Elections Canvassing Commission is the board
1377responsible for ordering federal, state, and multicounty
1378recounts. A recount need not be ordered with respect to the
1379returns for any office, however, if the candidate or candidates
1380defeated or eliminated from contention for such office by one-
1381half of a percent or less of the votes cast for such office
1382request in writing that a recount not be made.
1383     (a)  Each canvassing board responsible for conducting a
1384recount shall put each marksense ballot through automatic
1385tabulating equipment and determine whether the returns correctly
1386reflect the votes cast. If any marksense ballot is physically
1387damaged so that it cannot be properly counted by the automatic
1388tabulating equipment during the recount, a true duplicate shall
1389be made of the damaged ballot pursuant to the procedures in s.
1390101.5614(5). Immediately before the start of the recount, a test
1391of the tabulating equipment shall be conducted as provided in s.
1392101.5612. If the test indicates no error, the recount tabulation
1393of the ballots cast shall be presumed correct and such votes
1394shall be canvassed accordingly. If an error is detected, the
1395cause therefor shall be ascertained and corrected and the
1396recount repeated, as necessary. The canvassing board shall
1397immediately report the error, along with the cause of the error
1398and the corrective measures being taken, to the Department of
1399State. No later than 11 days after the election, the canvassing
1400board shall file a separate incident report with the Department
1401of State, detailing the resolution of the matter and identifying
1402any measures that will avoid a future recurrence of the error.
1403     (b)  Each canvassing board responsible for conducting a
1404recount where touchscreen ballots were used shall examine the
1405counters on the precinct tabulators to ensure that the total of
1406the returns on the precinct tabulators equals the overall
1407election return. If there is a discrepancy between the overall
1408election return and the counters of the precinct tabulators, the
1409counters of the precinct tabulators shall be presumed correct
1410and such votes shall be canvassed accordingly.
1411     (c)  The canvassing board shall submit on forms or in
1412formats provided by the division a second set of unofficial
1413returns to the Department of State for each federal, statewide,
1414state, or multicounty office or ballot measure no later than 3
1415p.m. on the fifth day after any primary election and no later
1416than 3 p.m. on the ninth eighth day after any general election
1417in which a recount was conducted pursuant to this subsection. If
1418the canvassing board is unable to complete the recount
1419prescribed in this subsection by the deadline, the second set of
1420unofficial returns submitted by the canvassing board shall be
1421identical to the initial unofficial returns and the submission
1422shall also include a detailed explanation of why it was unable
1423to timely complete the recount. However, the canvassing board
1424shall complete the recount prescribed in this subsection, along
1425with any manual recount prescribed in s. 102.166, and certify
1426election returns in accordance with the requirements of this
1427chapter.
1428     (d)  The Department of State shall adopt detailed rules
1429prescribing additional recount procedures for each certified
1430voting system, which shall be uniform to the extent practicable.
1431     Section 34.  Paragraph (b) of subsection (5) of section
1432102.166, Florida Statutes, is amended to read:
1433     102.166  Manual recounts.--
1434     (5)  Procedures for a manual recount are as follows:
1435     (b)  Each duplicate ballot prepared pursuant to s.
1436101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared
1437with the original ballot to ensure the correctness of the
1438duplicate.
1439     Section 35.  Subsection (3) is added to section 103.081,
1440Florida Statutes, to read:
1441     103.081  Use of party name; political advertising.--
1442     (3)  A political party may file with the Department of
1443State names of groups or committees associated with the
1444political party. Such filed names may not be used without first
1445obtaining the written permission of the chair of the state
1446executive committee of the party.
1447     Section 36.  Subsections (1) and (4) and paragraph (b) of
1448subsection (6) of section 103.091, Florida Statutes, are amended
1449to read:
1450     103.091  Political parties.--
1451     (1)  Each political party of the state shall be represented
1452by a state executive committee.  County executive committees and
1453other committees may be established in accordance with the rules
1454of the state executive committee.  A political party may provide
1455for the selection of its national committee and its state and
1456county executive committees in such manner as it deems proper.
1457Unless otherwise provided by party rule, the county executive
1458committee of each political party shall consist of at least two
1459members, a man and a woman, from each precinct, who shall be
1460called the precinct committeeman and committeewoman.  For
1461counties divided into 40 or more precincts, the state executive
1462committee may adopt a district unit of representation for such
1463county executive committees.  Upon adoption of a district unit
1464of representation, the state executive committee shall request
1465the supervisor of elections of that county, with approval of the
1466board of county commissioners, to provide for election districts
1467as nearly equal in number of registered voters as possible.  
1468Each county committeeman or committeewoman shall be a resident
1469of the precinct from which he or she is elected. Each state
1470committeeman or committeewoman must be a member in good standing
1471of the county executive committee for the county in which the
1472state committeeman or committeewoman is a registered voter.
1473     (4)  Any political party other than a minor political party
1474may by rule provide for the membership of its state or county
1475executive committee to be elected for 4-year terms at the
1476primary election in each year a presidential election is held.
1477The terms shall commence on the first day of the month following
1478each presidential general election; but the names of candidates
1479for political party offices shall not be placed on the ballot at
1480any other election. The results of such election shall be
1481determined by a plurality of the votes cast. In such event,
1482electors seeking to qualify for such office shall do so with the
1483Department of State or supervisor of elections not earlier than
1484noon of the 71st 57th day, or later than noon of the 67th 53rd
1485day, preceding the primary election. The outgoing chair of each
1486county executive committee shall, within 30 days after the
1487committee members take office, hold an organizational meeting of
1488all newly elected members for the purpose of electing officers.
1489The chair of each state executive committee shall, within 60
1490days after the committee members take office, hold an
1491organizational meeting of all newly elected members for the
1492purpose of electing officers.
1493     (6)
1494     (b)  Each state executive committee shall include, as at-
1495large committeemen and committeewomen, all members of the United
1496States Congress representing the State of Florida who are
1497members of the political party, all statewide elected officials
1498who are members of the party, 10 Florida registered voters who
1499are members of the party as appointed by the Governor if the
1500Governor is a member of the party, and the President of the
1501Senate or the Minority Leader in the Senate, and the Speaker of
1502the House of Representatives or the Minority Leader in the House
1503of Representatives, whichever is a member of the political
1504party, and 20 members of the Legislature who are members of the
1505political party.  Ten of the legislators shall be appointed with
1506the concurrence of the state chair of the respective party, as
1507follows: five to be appointed by the President of the Senate;
1508five by the Minority Leader in the Senate; five by the Speaker
1509of the House of Representatives; and five by the Minority Leader
1510in the House.
1511     Section 37.  Section 103.141, Florida Statutes, is amended
1512to read:
1513     103.141  Removal of county executive committee member for
1514violation of oath.--
1515     (1)  Where the county executive committee by at least a
1516two-thirds majority vote of the members of the committee,
1517attending a meeting held after due notice has been given and at
1518which meeting a quorum is present, determines an incumbent
1519county executive committee member to be guilty of an offense
1520involving a violation of the member's oath of office, said
1521member so violating his or her oath shall be removed from office
1522and the office shall be deemed vacant.  Provided, however, if
1523the county committee wrongfully removes a county committee
1524member and the committee member so wrongfully removed files suit
1525in the circuit court alleging his or her removal was wrongful
1526and wins said suit, the committee member shall be restored to
1527office and the county committee shall pay the costs incurred by
1528the wrongfully removed committee member in bringing the suit,
1529including reasonable attorney's fees.
1530     (2)  Any officer, county committeeman, county
1531committeewoman, precinct committeeman, precinct committeewoman,
1532or member of a county executive committee may be removed from
1533office pursuant to s. 103.161. Either the county or state
1534executive committee is empowered to take judicial action in
1535chancery against a county committee member for alleged violation
1536of the member's oath of office in the circuit court of the
1537county in which that committee member is an elector; provided,
1538however, that the state committee may take such judicial action
1539only when a county committee refuses to take such judicial
1540action within 10 days after a charge is made. Procedure shall be
1541as in other cases in chancery, and if the court shall find as
1542fact that the defendant did violate his or her oath of office,
1543it shall enter a decree removing the defendant from the county
1544committee.  If either such executive committee brings suit in
1545the circuit court for the removal of a county committee member
1546and loses said suit, such committee shall pay the court costs
1547incurred in such suit by the committee member, including
1548reasonable attorney's fees.
1549     Section 38.  Section 103.151, Florida Statutes, is
1550repealed.
1551     Section 39.  Section 103.161, Florida Statutes, is created
1552to read:
1553     103.161  Removal or suspension of officers or members of
1554state executive committee or county executive committee.--
1555     (1)  The chairman of the state executive committee is
1556empowered to remove or suspend from an office within the
1557chairman's political party any officer, state committeeman,
1558state committeewoman, county committeeman, county
1559committeewoman, precinct committeeman, precinct committeewoman,
1560or other member of a state executive committee, county executive
1561committee, political party club, or other organization using the
1562political party name as provided in s. 103.081 for a violation
1563of the oath of office taken by such individual or for engaging
1564in other activities described in this section.
1565     (2)  Such violation may include engaging in activities that
1566have or could have injured the name or status of the political
1567party or interfered with the activities of the political party.
1568The chairman has sole discretion to determine if a violation
1569occurred.
1570     (3)  Upon the chairman's determination that a violation of
1571the oath of office occurred or that an individual engaged in
1572other activities described in this section, the chairman may
1573remove or suspend the individual from his or her office. If the
1574chairman removes the individual from office, the office shall be
1575deemed vacant upon the delivery of the chairman's written order
1576of removal to the individual. When a vacancy in office is
1577created, the chairman shall appoint an individual to serve
1578through the end of the term of the office. If the chairman
1579suspends the individual, the chairman shall determine the length
1580of the suspension.
1581     (4)  An individual removed from office by the chairman
1582shall not be eligible to serve on the state executive committee
1583or any county executive committee of the political party for a
1584period of no less than 4 years from the effective date of the
1585removal.
1586     Section 40.  Subsection (1) of section 105.031, Florida
1587Statutes, is amended to read:
1588     105.031  Qualification; filing fee; candidate's oath; items
1589required to be filed.--
1590     (1)  TIME OF QUALIFYING.--Except for candidates for
1591judicial office, nonpartisan candidates for multicounty office
1592shall qualify with the Division of Elections of the Department
1593of State and nonpartisan candidates for countywide or less than
1594countywide office shall qualify with the supervisor of
1595elections. Candidates for judicial office other than the office
1596of county court judge shall qualify with the Division of
1597Elections of the Department of State, and candidates for the
1598office of county court judge shall qualify with the supervisor
1599of elections of the county. Candidates for judicial office shall
1600qualify no earlier than noon of the 120th day, and no later than
1601noon of the 116th day, before the primary election. Candidates
1602for the office of school board member shall qualify no earlier
1603than noon of the 71st 50th day, and no later than noon of the
160467th 46th day, before the primary election. Filing shall be on
1605forms provided for that purpose by the Division of Elections and
1606furnished by the appropriate qualifying officer. Any person
1607seeking to qualify by the petition process, as set forth in s.
1608105.035, who has submitted the necessary petitions by the
1609required deadline and is notified after the fifth day prior to
1610the last day for qualifying that the required number of
1611signatures has been obtained, shall be entitled to subscribe to
1612the candidate's oath and file the qualifying papers at any time
1613within 5 days from the date he or she is notified that the
1614necessary number of signatures has been obtained. Any person
1615other than a write-in candidate who qualifies within the time
1616prescribed in this subsection shall be entitled to have his or
1617her name printed on the ballot.
1618     Section 41.  Paragraph (c) of subsection (1) of section
1619106.021, Florida Statutes, is amended to read:
1620     106.021  Campaign treasurers; deputies; primary and
1621secondary depositories.--
1622     (1)
1623     (c)  Any campaign treasurer or deputy treasurer appointed
1624pursuant to this section shall be a registered voter in this
1625state and shall, before such appointment may become effective,
1626have accepted appointment to such position in writing and filed
1627such acceptance with the officer before whom the candidate is
1628required to qualify or with the officer with whom the political
1629committee is required to file reports.  An individual may be
1630appointed and serve as campaign treasurer of a candidate and a
1631political committee or two or more candidates and political
1632committees.  A candidate may appoint herself or himself as
1633campaign treasurer.
1634     Section 42.  Subsection (1) of section 106.04, Florida
1635Statutes, is amended to read:
1636     106.04  Committees of continuous existence.--
1637     (1)  In order to qualify as a committee of continuous
1638existence for the purposes of this chapter, a group,
1639organization, association, or other such entity which is
1640involved in making contributions to candidates, political
1641committees, or political parties, shall meet the following
1642criteria:
1643     (a)  It shall be organized and operated in accordance with
1644a written charter or set of bylaws which contains procedures for
1645the election of officers and directors and which clearly defines
1646membership in the organization; and
1647     (b)  At least 25 percent of the income of such
1648organization, excluding interest, must be derived from dues or
1649assessments payable on a regular basis by its membership
1650pursuant to provisions contained in the charter or bylaws. Dues
1651may be collected by a group, organization, association, or other
1652such entity from its members and forwarded to the committee of
1653continuous existence. The committee of continuous existence
1654shall report such dues as if it had received the dues directly
1655from its members, in the manner prescribed in subsection (4).
1656     Section 43.  Section 106.055, Florida Statutes, is amended
1657to read:
1658     106.055  Valuation of in-kind contributions.--Any person
1659who makes an in-kind contribution shall, at the time of making
1660such contribution, place a value on such contribution, which
1661valuation shall be the fair market value of such contribution.
1662Travel conveyed upon private aircraft shall be valued at the
1663actual cost of per person commercial air travel for the same or
1664a substantially similar route.
1665     Section 44.  Subsection (10) is added to section 106.08,
1666Florida Statutes, to read:
1667     106.08  Contributions; limitations on.--
1668     (10)  Contributions to a political committee or committee
1669of continuous existence may be received by an affiliated
1670organization and transferred to the bank account of the
1671political committee or committee of continuous existence via
1672check written from the affiliated organization if such
1673contributions are specifically identified as intended to be
1674contributed to the political committee or committee of
1675continuous existence. All contributions received in this manner
1676shall be reported pursuant to s. 106.07 by the political
1677committee or committee of continuous existence as having been
1678made by the original contributor.
1679     Section 45.  Section 106.09, Florida Statutes, is amended
1680to read:
1681     106.09  Cash contributions and contribution by cashier's
1682checks.--
1683     (1)  A person may not make or accept a cash contribution or
1684contribution by means of a cashier's check in excess of $50
1685$100.
1686     (2)(a)  Any person who makes or accepts a contribution in
1687excess of $50 $100 in violation of this section commits a
1688misdemeanor of the first degree, punishable as provided in s.
1689775.082 or s. 775.083.
1690     (b)  Any person who knowingly and willfully makes or
1691accepts a contribution in excess of $5,000 in violation of this
1692section commits a felony of the third degree, punishable as
1693provided in s. 775.082, s. 775.083, or s. 775.084.
1694     Section 46.  Subsection (1) of section 106.143, Florida
1695Statutes, is amended to read:
1696     106.143  Political advertisements circulated prior to
1697election; requirements.--
1698     (1)(a)  Any political advertisement that is paid for by a
1699candidate and that is published, displayed, or circulated prior
1700to, or on the day of, any election must prominently state:
1701"Political advertisement paid for and approved by  ...name of
1702candidate)...,  ...party affiliation)..., for  ...(office
1703sought)...."
1704     (b)  Any other political advertisement published,
1705displayed, or circulated prior to, or on the day of, any
1706election must prominently:
1707     1.  Be marked "paid political advertisement" or with the
1708abbreviation "pd. pol. adv."
1709     2.  State the name and address of the persons sponsoring
1710the advertisement.
1711     3.a.(I)  State whether the advertisement and the cost of
1712production is paid for or provided in kind by or at the expense
1713of the entity publishing, displaying, broadcasting, or
1714circulating the political advertisement; or
1715     (II)  State who provided or paid for the advertisement and
1716cost of production, if different from the source of sponsorship.
1717     b.  This subparagraph does not apply if the source of the
1718sponsorship is patently clear from the content or format of the
1719political advertisement.
1720     (c)  Any political advertisement made pursuant to s.
1721106.021(3)(d) must be marked "paid political advertisement" or
1722with the abbreviation "pd. pol. adv." and must prominently
1723state, "Paid for and sponsored by ...(name of person paying for
1724political advertisement). Approved by ...(names of persons,
1725party affiliation, and offices sought in the political
1726advertisement)."...
1727
1728This subsection does not apply to campaign messages used by a
1729candidate and the candidate's supporters if those messages are
1730designed to be worn by a person.
1731     Section 47.  Section 106.17, Florida Statutes, is amended
1732to read:
1733     106.17  Polls and surveys relating to candidacies.--Any
1734candidate, political committee, committee of continuous
1735existence, electioneering communication organization, or state
1736or county executive committee of a political party may authorize
1737or conduct a political poll, survey, index, or measurement of
1738any kind relating to candidacy for public office so long as the
1739candidate, political committee, committee of continuous
1740existence, electioneering communication organization, or
1741political party maintains complete jurisdiction over the poll in
1742all its aspects.
1743     Section 48.  Section 106.25, Florida Statutes, is amended
1744to read:
1745     106.25  Reports of alleged violations to Florida Elections
1746Commission; disposition of findings.--
1747     (1)  Jurisdiction to investigate and determine violations
1748of this chapter and chapter 104 is vested in the Florida
1749Elections Commission; however, nothing in this section limits
1750the jurisdiction of any other officers or agencies of government
1751empowered by law to investigate, act upon, or dispose of alleged
1752violations of this code.
1753     (2)  The commission shall investigate all violations of
1754this chapter and chapter 104, but only after having received
1755either a sworn complaint or information reported to it under
1756this subsection by the Division of Elections. Such sworn
1757complaint must be based upon personal information or information
1758other than hearsay. Any person, other than the division, having
1759information of any violation of this chapter or chapter 104
1760shall file a sworn complaint with the commission. The commission
1761shall investigate only those alleged violations specifically
1762contained within the sworn complaint. If any complainant fails
1763to allege all violations that arise from the facts or
1764allegations alleged in a complaint, the commission shall be
1765barred from investigating a subsequent complaint from such
1766complainant that is based upon such facts or allegations that
1767were raised or could have been raised in the first complaint. If
1768the complaint includes allegations of violations relating to
1769expense items reimbursed by a candidate, committee, or
1770organization to the campaign account before a sworn complaint is
1771filed, the commission shall be barred from investigating such
1772allegations. Such sworn complaint shall state whether a
1773complaint of the same violation has been made to any state
1774attorney. Within 5 days after receipt of a sworn complaint, the
1775commission shall transmit a copy of the complaint to the alleged
1776violator. If the executive director finds that the complaint is
1777legally sufficient, the respondent shall be notified of such
1778finding by letter, which sets forth the statutory provisions
1779alleged to have been violated and the alleged factual basis that
1780supports the finding. All sworn complaints alleging violations
1781of the Florida Election Code over which the commission has
1782jurisdiction shall be filed with the commission within 2 years
1783after the alleged violations. The period of limitations is
1784tolled on the day a sworn complaint is filed with the
1785commission. The complainant may withdraw the sworn complaint at
1786any time prior to a probable cause hearing if good cause is
1787shown. Withdrawal shall be requested in writing, signed by the
1788complainant, and witnessed by a notary public, stating the facts
1789and circumstances constituting good cause. The executive
1790director shall prepare a written recommendation regarding
1791disposition of the request which shall be given to the
1792commission together with the request. "Good cause" shall be
1793determined based upon the legal sufficiency or insufficiency of
1794the complaint to allege a violation and the reasons given by the
1795complainant for wishing to withdraw the complaint. If withdrawal
1796is permitted, the commission must close the investigation and
1797the case. No further action may be taken. The complaint will
1798become a public record at the time of withdrawal.
1799     (3)  For the purposes of commission jurisdiction, a
1800violation shall mean the willful performance of an act
1801prohibited by this chapter or chapter 104 or the willful failure
1802to perform an act required by this chapter or chapter 104.
1803Willfulness is a determination of fact; however, at the request
1804of the respondent, willfulness may be considered and determined
1805in an informal hearing before the commission.
1806     (4)  The commission shall undertake a preliminary
1807investigation to determine if the facts alleged in a sworn
1808complaint or a matter initiated by the division constitute
1809probable cause to believe that a violation has occurred. The
1810respondent, the complainant, and their respective counsel shall
1811be permitted to attend the hearing at which the probable cause
1812determination is made. Notice of the hearing shall be sent to
1813the respondent and the complainant at least 14 days prior to the
1814date of the hearing. The respondent and his or her counsel shall
1815be permitted to make a brief oral statement in the nature of
1816oral argument to the commission before the probable cause
1817determination. The commission's determination shall be based
1818upon the investigator's report, the complaint, and staff
1819recommendations, as well as any written statements submitted by
1820the respondent and any oral statements made at the hearing. No
1821testimony or other evidence shall be accepted at the hearing.
1822Upon completion of the preliminary investigation, the commission
1823shall, by written report, find probable cause or no probable
1824cause to believe that this chapter or chapter 104 has been
1825violated.
1826     (a)  When the investigator's report is completed, the
1827executive director shall notify the respondent that the report
1828is completed and shall send to the respondent a copy of the
1829investigator's report. The investigatory file and main complaint
1830file shall be open for inspection by the respondent and the
1831respondent's counsel at that time, and copies may be obtained at
1832no more than cost.
1833     (b)  The respondent shall be given not less than 14 days
1834from the date of mailing of the investigator's report to file
1835with the commission a written response to the investigator's
1836report. This time period may be shortened with the consent of
1837the respondent, or without the consent of the respondent when
1838the passage of time could reasonably be expected to render moot
1839the ultimate disposition of the matter by the commission so long
1840as reasonable notice under the circumstances is given.
1841     (c)  Counsel for the commission shall review the
1842investigator's report and shall make a written recommendation to
1843the commission for the disposition of the complaint. If the
1844counsel for the commission recommends that the commission find
1845probable cause, the recommendation shall include a statement of
1846what charges shall be at issue. A copy of the recommendation
1847shall be furnished to the respondent. The respondent shall be
1848given not less than 14 days from the date of mailing of the
1849recommendation of counsel for the commission to file with the
1850commission a written response to the recommendation. This time
1851period may be shortened with the consent of the respondent, or
1852without the consent of the respondent when the passage of time
1853could reasonably be expected to render moot the ultimate
1854disposition of the matter by the commission, so long as the
1855recommendation is furnished to the respondent within a
1856reasonable period of time under the circumstances.
1857     (d)  The respondent and each complainant, their counsel,
1858and the counsel for the commission shall be permitted to attend
1859the hearing at which the probable cause determination is made.
1860Notice of the hearing shall be sent to the respondent, each
1861complainant, and counsel for the commission at least 14 days
1862before the hearing. This time period may be shortened with the
1863consent of the respondent, or without the consent of the
1864respondent when the passage of time could reasonably be expected
1865to render moot the ultimate disposition of the matter by the
1866commission, so long as the notice is furnished within a
1867reasonable period of time under the circumstances.
1868     (e)  The probable cause determination is the conclusion of
1869the preliminary investigation. The respondent and the counsel
1870for the commission shall be permitted to make brief oral
1871statements in the nature of oral argument to the commission,
1872based on the investigator's report, before the probable cause
1873determination. The commission's determination shall be based
1874upon the investigator's report, the recommendation of counsel
1875for the commission, the complaint, and staff recommendations, as
1876well as any written statements submitted by the respondent and
1877any oral statements made at the hearing. No testimony or other
1878evidence will be accepted at the hearing.
1879     (f)  At its meeting to determine probable cause, the
1880commission may continue its determination to allow further
1881investigation; may order the issuance of a public report of its
1882investigation if it finds no probable cause to believe that
1883there has been a violation of this chapter or chapter 104,
1884concluding the matter before it; may order a final, public
1885hearing of the complaint if it finds probable cause to believe
1886that there has been a violation of this chapter or chapter 104;
1887or may take such other action as it deems necessary to resolve
1888the complaint, consistent with due process of law. In making its
1889determination, the commission may consider:
1890     1.  The sufficiency of the evidence against the respondent,
1891as contained in the investigator's report;
1892     2.  The admissions and other stipulations of the
1893respondent, if any;
1894     3.  The nature and circumstances of the respondent's
1895actions;
1896     4.  The expense of further proceedings; and
1897     5.  Such other factors as it deems material to its
1898decision.
1899
1900If the commission finds probable cause, the commission shall
1901determine what charges shall be at issue.
1902     (g)(a)  If no probable cause is found, the commission shall
1903dismiss the case and the case shall become a matter of public
1904record, except as otherwise provided in this section, together
1905with a written statement of the findings of the preliminary
1906investigation and a summary of the facts which the commission
1907shall send to the complainant and the alleged violator. A
1908finding of no probable cause by the commission is a full
1909adjudication of all such matters. The commission may not charge
1910a respondent in a subsequent complaint alleging violations based
1911upon the same actions, nonactions, or circumstances wherein the
1912commission found no probable cause.
1913     (h)(b)  If probable cause is found, the commission shall so
1914notify the complainant and the alleged violator in writing. All
1915documents made or received in the disposition of the complaint
1916shall become public records upon a finding by the commission.
1917     (i)1.  Upon a commission finding of probable cause, the
1918counsel for the commission shall attempt to reach a consent
1919agreement with the respondent.
1920     2.  A consent agreement is not binding upon either party
1921unless and until it is signed by the respondent and by counsel
1922for the commission upon approval by the commission.
1923     3.  Nothing herein shall be construed to prevent the
1924commission from entering into a consent agreement with a
1925respondent prior to a commission finding of probable cause if a
1926respondent indicates in writing a desire to enter into
1927negotiations directed towards reaching such a consent agreement.
1928Any consent agreement reached under this subparagraph is subject
1929to the provisions of subparagraph 2. and shall have the same
1930force and effect as a consent agreement reached after the
1931commission finding of probable cause.
1932     (j)  If a consent agreement is reached between the
1933commission and the respondent, counsel for the commission shall
1934send a copy of the signed agreement to both complainant and
1935respondent.
1936
1937In a case where probable cause is found, the commission shall
1938make a preliminary determination to consider the matter or to
1939refer the matter to the state attorney for the judicial circuit
1940in which the alleged violation occurred. Notwithstanding any
1941other provisions of this section, the commission may, at its
1942discretion, dismiss any complaint at any stage of disposition if
1943it determines that the public interest would not be served by
1944proceeding further, in which case the commission shall issue a
1945public report stating with particularity its reasons for the
1946dismissal.
1947     (5)  Unless When there are disputed issues of material fact
1948in a proceeding conducted under ss. 120.569 and 120.57, a person
1949alleged by the Elections Commission to have committed a
1950violation of this chapter or chapter 104 elects may elect,
1951within 30 days after the date of the filing of the commission's
1952allegations, to have a formal or informal hearing conducted
1953before the commission, or elects to resolve the complaint by
1954consent order, such person shall be entitled to a formal
1955administrative hearing conducted by an administrative law judge
1956in the Division of Administrative Hearings. The administrative
1957law judge in such proceedings shall enter a final order subject
1958to appeal as provided in s. 120.68.
1959     (6)  It is the duty of a state attorney receiving a
1960complaint referred by the commission to investigate the
1961complaint promptly and thoroughly; to undertake such criminal or
1962civil actions as are justified by law; and to report to the
1963commission the results of such investigation, the action taken,
1964and the disposition thereof.  The failure or refusal of a state
1965attorney to prosecute or to initiate action upon a complaint or
1966a referral by the commission shall not bar further action by the
1967commission under this chapter.
1968     (7)  Every sworn complaint filed pursuant to this chapter
1969with the commission, every investigation and investigative
1970report or other paper of the commission with respect to a
1971violation of this chapter or chapter 104, and every proceeding
1972of the commission with respect to a violation of this chapter or
1973chapter 104 is confidential, is exempt from the provisions of
1974ss. 119.07(1) and 286.011, and is exempt from publication in the
1975Florida Administrative Weekly of any notice or agenda with
1976respect to any proceeding relating to such violation, except
1977under the following circumstances:
1978     (a)  As provided in subsection (6);
1979     (b)  Upon a determination of probable cause or no probable
1980cause by the commission; or
1981     (c)  For proceedings conducted with respect to appeals of
1982fines levied by filing officers for the late filing of reports
1983required by this chapter.
1984
1985However, a complainant is not bound by the confidentiality
1986provisions of this section.  In addition, confidentiality may be
1987waived in writing by the person against whom the complaint has
1988been filed or the investigation has been initiated.  If a
1989finding of probable cause in a case is entered within 30 days
1990prior to the date of the election with respect to which the
1991alleged violation occurred, such finding and the proceedings and
1992records relating to such case shall not become public until noon
1993of the day following such election.  When two or more persons
1994are being investigated by the commission with respect to an
1995alleged violation of this chapter or chapter 104, the commission
1996may not publicly enter a finding of probable cause or no
1997probable cause in the case until a finding of probable cause or
1998no probable cause for the entire case has been determined.
1999However, once the confidentiality of any case has been breached,
2000the person or persons under investigation have the right to
2001waive the confidentiality of the case, thereby opening up the
2002proceedings and records to the public.  Any person who discloses
2003any information or matter made confidential by the provisions of
2004this subsection commits a misdemeanor of the first degree,
2005punishable as provided in s. 775.082 or s. 775.083.
2006     (8)  Any person who files a complaint pursuant to this
2007section while knowing that the allegations contained in such
2008complaint are false or without merit commits a misdemeanor of
2009the first degree, punishable as provided in s. 775.082 or s.
2010775.083.
2011     (9)  The commission shall maintain a database of all final
2012orders and agency actions. Such database shall be available to
2013the public and shall be maintained in such a manner as to be
2014searchable, at a minimum, by issue, statutes, individuals, or
2015entities referenced.
2016     Section 49.  Subsection (4) of section 106.35, Florida
2017Statutes, is amended to read:
2018     106.35  Distribution of funds.--
2019     (4)  Distribution of funds shall be made beginning on the
202032nd day prior to the primary within 7 days after the close of
2021qualifying and every 7 days thereafter.
2022     Section 50.  Section 112.51, Florida Statutes, is amended
2023to read:
2024     112.51  Municipal officers; suspension; removal from
2025office.--
2026     (1)  By executive order stating the grounds for the
2027suspension and filed with the Secretary of State, the Governor
2028may suspend from office any elected or appointed municipal
2029official for malfeasance, misfeasance, neglect of duty, habitual
2030drunkenness, incompetence, or permanent inability to perform
2031official duties.
2032     (2)  Whenever any elected or appointed municipal official
2033is arrested for a felony or for a misdemeanor related to the
2034duties of office or is indicted or informed against for the
2035commission of a federal felony or misdemeanor or state felony or
2036misdemeanor, the Governor has the power to suspend such
2037municipal official from office.
2038     (3)  The suspension of such official by the Governor
2039creates a temporary vacancy in such office during the
2040suspension. Any temporary vacancy in office created by
2041suspension of an official under the provisions of this section
2042shall be filled by a temporary appointment to such office for
2043the period of the suspension.  Such temporary appointment shall
2044be made in the same manner and by the same authority by which a
2045permanent vacancy in such office is filled as provided by law.  
2046If no provision for filling a permanent vacancy in such office
2047is provided by law, the temporary appointment shall be made by
2048the Governor.
2049     (4)  No municipal official who has been suspended from
2050office under this section may perform any official act, duty, or
2051function during his or her suspension; receive any pay or
2052allowance during his or her suspension; or be entitled to any of
2053the emoluments or privileges of his or her office during
2054suspension.
2055     (5)  If the municipal official is convicted of any of the
2056charges contained in the indictment or information by reason of
2057which he or she was suspended under the provisions of this
2058section, the Governor shall remove such municipal official from
2059office. If a person was selected to fill the temporary vacancy
2060pursuant to subsection (3), that person shall serve the
2061remaining balance, if any, of the removed official's term of
2062office. Otherwise, any vacancy created by the removal shall be
2063filled as provided by law. For the purposes of this section, any
2064person who pleads guilty or nolo contendere or who is found
2065guilty shall be deemed to have been convicted, notwithstanding a
2066suspension of sentence or a withholding of adjudication.
2067     (6)  If the municipal official is acquitted or found not
2068guilty or is otherwise cleared of the charges which were the
2069basis of the arrest, indictment, or information by reason of
2070which he or she was suspended under the provisions of this
2071section, then the Governor shall forthwith revoke the suspension
2072and restore such municipal official to office; and the official
2073shall be entitled to and be paid full back pay and such other
2074emoluments or allowances to which he or she would have been
2075entitled for the full period of time of the suspension.  If,
2076during the suspension, the term of office of the municipal
2077official expires and a successor is either appointed or elected,
2078such back pay, emoluments, or allowances shall only be paid for
2079the duration of the term of office during which the municipal
2080official was suspended under the provisions of this section, and
2081he or she shall not be reinstated.
2082     Section 51.  Section 106.37, Florida Statutes, is repealed.
2083     Section 52.  Subsections (2) and (3) of section 189.405,
2084Florida Statutes, are amended to read:
2085     189.405  Elections; general requirements and procedures;
2086education programs.--
2087     (2)(a)  Any independent special district located entirely
2088in a single county may provide for the conduct of district
2089elections by the supervisor of elections for that county.  Any
2090independent special district that conducts its elections through
2091the office of the supervisor shall make election procedures
2092consistent with the Florida Election Code.
2093     (b)  Any independent special district not conducting
2094district elections through the supervisor of elections shall
2095report to the supervisor in a timely manner the purpose, date,
2096authorization, procedures, and results of each election
2097conducted by the district.
2098     (c)  A candidate for a position on a governing board of a
2099single-county special district that has its elections conducted
2100by the supervisor of elections shall qualify for the office with
2101the county supervisor of elections in whose jurisdiction the
2102district is located. Elections for governing board members
2103elected by registered electors shall be nonpartisan, except when
2104partisan elections are specified by a district's charter.
2105Candidates shall qualify as directed by chapter 99. by paying a
2106filing fee equal to 3 percent of the salary or honorarium paid
2107for the office, or a filing fee of $25, whichever is more.
2108Alternatively, candidates may qualify by submitting a petition
2109that contains the signatures of at least 3 percent of the
2110district's registered electors, or any lesser amount of
2111signatures directed by chapter 99, chapter 582, or other general
2112or special law.  No election or party assessment shall be levied
2113if the election is nonpartisan. The qualifying fee shall be
2114remitted to the general revenue fund of the qualifying officer
2115to help defray the cost of the election. The petition form shall
2116be submitted and checked in the same manner as those for
2117nonpartisan judicial candidates pursuant to s. 105.035.
2118     (3)(a)  If a multicounty special district has a popularly
2119elected governing board, elections for the purpose of electing
2120members to such board shall conform to the Florida Election
2121Code, chapters 97-106.
2122     (b)  With the exception of those districts conducting
2123elections on a one-acre/one-vote basis, qualifying for
2124multicounty special district governing board positions shall be
2125coordinated by the Department of State.  Elections for governing
2126board members elected by registered electors shall be
2127nonpartisan, except when partisan elections are specified by a
2128district's charter. Candidates shall qualify as directed by
2129chapter 99. by paying a filing fee equal to 3 percent of the
2130salary or honorarium paid for the office, or a filing fee of
2131$25, whichever is more. Alternatively, candidates may qualify by
2132submitting a petition that contains the signatures of at least 3
2133percent of the district's registered electors, or any lesser
2134amount of signatures directed by chapter 99, chapter 582, or
2135other general or special law.  No election or party assessment
2136shall be levied if the election is nonpartisan. The qualifying
2137fee shall be remitted to the Department of State. The petition
2138form shall be submitted and checked in the same manner as those
2139for nonpartisan judicial candidates pursuant to s. 105.035.
2140     Section 53.  Paragraph (a) of subsection (1) of section
2141191.005, Florida Statutes, is amended to read:
2142     191.005  District boards of commissioners; membership,
2143officers, meetings.--
2144     (1)(a)  With the exception of districts whose governing
2145boards are appointed collectively by the Governor, the county
2146commission, and any cooperating city within the county, the
2147business affairs of each district shall be conducted and
2148administered by a five-member board. All three-member boards
2149existing on the effective date of this act shall be converted to
2150five-member boards, except those permitted to continue as a
2151three-member board by special act adopted in 1997 or thereafter.
2152The board shall be elected in nonpartisan elections by the
2153electors of the district.  Except as provided in this act, such
2154elections shall be held at the time and in the manner prescribed
2155by law for holding general elections in accordance with s.
2156189.405(2)(a) and (3), and each member shall be elected for a
2157term of 4 years and serve until the member's successor assumes
2158office. Candidates for the board of a district shall qualify as
2159directed by chapter 99. with the county supervisor of elections
2160in whose jurisdiction the district is located.  If the district
2161is a multicounty district, candidates shall qualify with the
2162Department of State.  All candidates may qualify by paying a
2163filing fee of $25 or by obtaining the signatures of at least 25
2164registered electors of the district on petition forms provided
2165by the supervisor of elections which petitions shall be
2166submitted and checked in the same manner as petitions filed by
2167nonpartisan judicial candidates pursuant to s. 105.035.
2168Notwithstanding s. 106.021, a candidate who does not collect
2169contributions and whose only expense is the filing fee is not
2170required to appoint a campaign treasurer or designate a primary
2171campaign depository.
2172     Section 54.  Paragraph (a) of subsection (1) of section
2173582.18, Florida Statutes, is amended to read:
2174     582.18  Election of supervisors of each district.--
2175     (1)  The election of supervisors for each soil and water
2176conservation district shall be held every 2 years.  The
2177elections shall be held at the time of the general election
2178provided for by s. 100.041.  The office of the supervisor of a
2179soil and water conservation district is a nonpartisan office,
2180and candidates for such office are prohibited from campaigning
2181or qualifying for election based on party affiliation.
2182     (a)  Each candidate for supervisor for such district shall
2183qualify as directed by chapter 99. be nominated by nominating
2184petition subscribed by 25 or more qualified electors of such
2185district.  Candidates shall obtain signatures on petition forms
2186prescribed by the Department of State and furnished by the
2187appropriate qualifying officer.  In multicounty districts, the
2188appropriate qualifying officer is the Secretary of State; in
2189single-county districts, the appropriate qualifying officer is
2190the supervisor of elections.  Such forms may be obtained at any
2191time after the first Tuesday after the first Monday in January
2192preceding the election, but prior to the 21st day preceding the
2193first day of the qualifying period for state office. Each
2194petition shall be submitted, prior to noon of the 21st day
2195preceding the first day of the qualifying period for state
2196office, to the supervisor of elections of the county for which
2197such petition was circulated.  The supervisor of elections shall
2198check the signatures on the petition to verify their status as
2199electors in the district. Prior to the first date for
2200qualifying, the supervisor of elections shall determine whether
2201the required single-county signatures have been obtained; and
2202she or he shall so notify the candidate.  In the case of a
2203multicounty candidate, the supervisor of elections shall check
2204the signatures on petitions and shall, prior to the first date
2205for qualifying for office, certify to the Department of State
2206the number shown as registered electors of the district. The
2207Department of State shall determine if the required number of
2208signatures has been obtained for multicounty candidates and
2209shall so notify the candidate.  If the required number of
2210signatures has been obtained for the name of the candidate to be
2211placed on the ballot, the candidate shall, during the time
2212prescribed for qualifying for office in s. 99.061, submit a copy
2213of the notice to, and file her or his qualification papers with,
2214the qualifying officer and take the oath prescribed in s.
221599.021.
2216     Section 55.  Subsection (1) of section 876.05, Florida
2217Statutes, is amended to read:
2218     876.05  Public employees; oath.--
2219     (1)  All persons who now or hereafter are employed by or
2220who now or hereafter are on the payroll of the state, or any of
2221its departments and agencies, subdivisions, counties, cities,
2222school boards and districts of the free public school system of
2223the state or counties, or institutions of higher learning, and
2224all candidates for public office, except candidates for federal
2225office, are required to take an oath before any person duly
2226authorized to take acknowledgments of instruments for public
2227record in the state in the following form:
2228     I, ...., a citizen of the State of Florida and of the
2229United States of America, and being employed by or an officer of
2230 ....and a recipient of public funds as such employee or
2231officer, do hereby solemnly swear or affirm that I will support
2232the Constitution of the United States and of the State of
2233Florida.
2234     Section 56.  At the time of qualification, all write-in
2235candidates must reside within the district represented by the
2236office sought.
2237     Section 57.  Except as otherwise expressly provided in this
2238act and except for this section, which shall take effect upon
2239becoming a law, this act shall take effect January 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.
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