October 16, 2019
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       Florida Senate - 2010                              CS for SB 900
       
       
       
       By the Committee on Ethics and Elections; and Senator Thrasher
       
       
       
       
       582-02179A-10                                          2010900c1
    1                        A bill to be entitled                      
    2         An act relating to elections; creating s. 97.0115,
    3         F.S.; providing that chapters 97 through 105, F.S.,
    4         shall govern all procedures and processes relating to
    5         elections; prohibiting a county or district charter,
    6         ordinance, or regulation from conflicting with
    7         specified provisions of state law; amending s. 97.021,
    8         F.S.; defining the term “absent uniformed services
    9         voter”; revising the definition of “overseas voter”;
   10         amending s. 98.0981, F.S., relating to statewide voter
   11         information; conforming a cross-reference; amending s.
   12         101.111, F.S.; revising voter challenge oath
   13         requirements; providing circumstances under which a
   14         challenged voter may execute a change of legal
   15         residence; providing increased penalties for filing a
   16         frivolous voter challenge; amending s. 101.56075,
   17         F.S.; deleting a requirement that persons with
   18         disabilities vote on certain voter interface devices;
   19         requiring that persons with disabilities vote on voter
   20         interface devices meeting specified requirements,
   21         effective July 1, 2016; amending s. 101.5612, F.S.;
   22         requiring that notice of tabulation equipment testing
   23         be posted on a supervisor’s website; requiring the use
   24         of certain ballots and technology for testing of
   25         tabulating equipment; amending s. 101.62, F.S.;
   26         requiring that a supervisor of elections accept a
   27         request for an absentee ballot from certain
   28         individuals; revising the time an absentee ballot
   29         request is valid; revising the information that a
   30         person making an absentee ballot request must
   31         disclose; requiring a supervisor to notify a voter of
   32         the free access system under certain circumstances;
   33         requiring a supervisor to make certain absentee ballot
   34         information available on a certain date; requiring a
   35         supervisor to send by a specified means absentee
   36         ballots to certain absentee voters by a date certain
   37         before an election; providing that an absentee ballot
   38         may be sent by email or facsimile to certain voters;
   39         providing that certain voters may choose the means by
   40         which they receive absentee ballots; amending the
   41         procedures for providing ballots to specific voters
   42         under certain circumstances; amending s. 101.694,
   43         F.S.; requiring a supervisor to send absentee ballots
   44         by a specified means to certain persons upon receipt
   45         of a federal postcard application; removing the time
   46         for which an absentee ballot request is valid;
   47         amending s. 101.6952, F.S.; revising procedures for
   48         processing absentee ballot requests and communicating
   49         by electronic mail with overseas voters; amending s.
   50         101.71, F.S.; requiring a supervisor to provide
   51         certain resources for colocated precincts; requiring a
   52         supervisor to post certain information on his or her
   53         website; amending s. 102.012, F.S.; authorizing a
   54         supervisor to appoint one election board for colocated
   55         precincts; requiring a supervisor to provide a
   56         sufficient number of poll workers for colocated
   57         precincts; amending s. 102.111, F.S.; clarifying that
   58         the Governor and Cabinet members shall serve ex
   59         officio on the Elections Canvassing Commission;
   60         establishing meeting times for the commission;
   61         amending s. 102.112, F.S.; conforming a cross
   62         reference; amending s. 102.141, F.S.; requiring
   63         certain information to be posted on a supervisor’s
   64         website; providing circumstances under which the
   65         Secretary of State, county canvassing board, or local
   66         board is responsible for ordering recounts in
   67         elections; amending s. 102.166, F.S.; providing
   68         circumstances under which the Secretary of State,
   69         county canvassing board, or local board is responsible
   70         for ordering a manual recount of overvotes and
   71         undervotes; providing an exception for candidates in
   72         certain circumstances; amending s. 106.03, F.S.;
   73         requiring that changes to the information previously
   74         submitted by political committees be reported within
   75         10 days following such change; requiring that the
   76         Division of Elections adopt rules regarding
   77         dissolution of political committees; amending s.
   78         106.04, F.S.; clarifying that committees of continuous
   79         existence file campaign finance reports electronically
   80         with the Division of Elections; clarifying campaign
   81         finance filing requirements for committees of
   82         continuous existence involved in special elections to
   83         fill vacancies in office; prescribing additional
   84         campaign finance filing requirements for committees of
   85         continuous existence participating in local elections;
   86         amending requirements for reporting transaction
   87         information from credit card purchases; requiring
   88         changes in information previously submitted to be
   89         reported to the Division of Elections within 10 days;
   90         amending provisions for revoking a committee’s
   91         certification; increasing late-filing fines for the
   92         campaign finance report immediately preceding an
   93         election; providing for the disposition of collected
   94         fines; amending notice provisions related to late
   95         filed reports; amending s. 106.07, F.S.; modifying
   96         notice provisions related to the filing of campaign
   97         finance reports by political committees and
   98         candidates; prescribing additional campaign finance
   99         filing requirements for political committees
  100         participating in local elections; amending
  101         requirements for reporting transaction information
  102         from credit card purchases; amending s. 106.0705,
  103         F.S., relating to electronic filing; conforming a
  104         cross-reference; amending s. 106.11, F.S.; authorizing
  105         under certain circumstances the reimbursement of a
  106         loan made by a candidate to his or her campaign;
  107         amending s. 106.143, F.S.; requiring that certain paid
  108         political advertisements contain specified language;
  109         requiring that a candidate running for a nonpartisan
  110         office exclude the candidate’s party affiliation from
  111         political advertisement; amending s. 106.29, F.S.;
  112         amending notice provisions related to late-filed
  113         reports; amending s. 379.352, F.S., relating to
  114         recreational licenses and permits; conforming cross
  115         references; providing effective dates.
  116  
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. Section 97.0115, Florida Statutes, is created to
  120  read:
  121         97.0115 Chapters 97-105 govern procedures and processes
  122  relating to elections within the state.—
  123         (1) Chapters 97-105 govern all procedures and processes
  124  relating to national, state, county, and district elections
  125  within the state, except as otherwise specifically authorized by
  126  federal or state law. The conduct of municipal elections shall
  127  be governed by s. 100.3605.
  128         (2) A county or district charter, ordinance, or regulation
  129  may not conflict with the matters set forth in chapters 97-105.
  130         Section 2. Effective upon this act becoming a law, present
  131  subsections (2) through (43) of section 97.021, Florida
  132  Statutes, are redesignated as subsections (3) through (44),
  133  respectively, a new subsection (2) is added to that section, and
  134  present subsection (22) of that section is amended, to read:
  135         97.021 Definitions.—For the purposes of this code, except
  136  where the context clearly indicates otherwise, the term:
  137         (2) “Absent uniformed services voter” means:
  138         (a) A member of a uniformed service on active duty who, by
  139  reason of such active duty, is absent from the place of
  140  residence where the member is otherwise qualified to vote;
  141         (b) A member of the Merchant Marine who, by reason of
  142  service in the Merchant Marine, is absent from the place of
  143  residence where the member is otherwise qualified to vote; or
  144         (c) A spouse or dependent of a member described in
  145  paragraph (a) or paragraph (b) who, by reason of the active duty
  146  or service of the member, is absent from the place of residence
  147  where the spouse or dependent is otherwise qualified to vote.
  148         (23)(22) “Overseas voter” means:
  149         (a) An absent uniformed services voter who, by reason of
  150  active duty or service, is absent from the United States on the
  151  date of the election involved Members of the uniformed services
  152  while in the active service who are permanent residents of the
  153  state and are temporarily residing outside the territorial
  154  limits of the United States and the District of Columbia;
  155         (b) A person who resides outside the United States and who
  156  is qualified to vote in the last place where the person was
  157  domiciled before leaving the United States Members of the
  158  Merchant Marine of the United States who are permanent residents
  159  of the state and are temporarily residing outside the
  160  territorial limits of the United States and the District of
  161  Columbia; and
  162         (c) A person who resides outside the United States and, but
  163  for such residence, would be qualified to vote in the last place
  164  where the person was domiciled before leaving the United States.
  165  Other citizens of the United States who are permanent residents
  166  of the state and are temporarily residing outside the
  167  territorial limits of the United States and the District of
  168  Columbia, who are qualified and registered to vote as provided
  169  by law.
  170         Section 3. Effective upon this act becoming a law,
  171  subsection (3) of section 98.0981, Florida Statutes, is amended
  172  to read:
  173         98.0981 Reports; voting history; statewide voter
  174  registration system information; precinct-level election
  175  results; book closing statistics.—
  176         (3) PRECINCT-LEVEL BOOK CLOSING STATISTICS.—After the date
  177  of book closing but before the date of an election as defined in
  178  s. 97.021(10) to fill a national, state, county, or district
  179  office, or to vote on a proposed constitutional amendment, the
  180  department shall compile the following precinct-level
  181  statistical data for each county:
  182         (a) Precinct numbers.
  183         (b) Total number of active registered voters by party for
  184  each precinct.
  185         Section 4. Section 101.111, Florida Statutes, is amended to
  186  read:
  187         101.111 Voter challenges Person desiring to vote may be
  188  challenged; challenger to execute oath; oath of person
  189  challenged; determination of challenge.—
  190         (1)(a) Any registered elector or poll watcher of a county
  191  may challenge the right of a person to vote in that county. The
  192  challenge must be in writing and contain the following oath,
  193  which shall be delivered to the clerk or inspector:
  194                  OATH OF PERSON ENTERING CHALLENGE                
  195  
  196  State of Florida
  197  County of ....
  198  
  199  I do solemnly swear or affirm that my name is ....; that I am a
  200  member of the .... Party; that I am a registered voter or
  201  pollwatcher; that my residence address is ...., in the
  202  municipality of ....; and that I have reason to believe that
  203  .... is attempting to vote illegally and the reasons for my
  204  belief are set forth herein to wit: ............................
  205  ................................................................
  206  ................................................................
  207  ...(Signature of person challenging voter)...
  208  
  209  Sworn and subscribed to before me this .... day of ....,
  210  ...(year)....
  211  ...(Clerk of election)...
  212         (b)1. The clerk or inspector shall immediately deliver to
  213  the challenged person a copy of the oath of the person entering
  214  the challenge, and the challenged voter shall be allowed to cast
  215  a provisional ballot in accordance with s. 101.048, except as
  216  provided in subparagraph 2.
  217         2. If the basis for the challenge is that the person’s
  218  legal residence is not in that precinct, the person shall first
  219  be given the opportunity to execute a change of legal residence
  220  in order to be able to vote a regular ballot in accordance with
  221  s. 101.045(2). If the change of legal residence is such that the
  222  person is then properly registered for that precinct, the person
  223  shall be allowed to vote a regular ballot. If the change of
  224  legal residence places the person in another precinct, the
  225  person shall be directed to the proper precinct to vote. If such
  226  person insists that he or she is currently in the proper
  227  precinct, the person shall be allowed to vote a provisional
  228  ballot in accordance with s. 101.048.
  229         (c) Alternatively, a challenge in accordance with this
  230  section may be filed in advance with the supervisor of elections
  231  no sooner than 30 days before an election. The supervisor shall
  232  promptly provide the election board in the challenged voter’s
  233  precinct with a copy of the oath of the person entering the
  234  challenge. The challenged voter shall be allowed to cast a
  235  provisional ballot in accordance with s. 101.048, subject to the
  236  provisions of subparagraph (b)2.
  237         (2) Any elector or poll watcher filing a frivolous
  238  challenge of any person’s right to vote commits a felony
  239  misdemeanor of the third first degree, punishable as provided in
  240  s. 775.082, or s. 775.083, or s. 775.084; however, electors or
  241  poll watchers shall not be subject to liability for any action
  242  taken in good faith and in furtherance of any activity or duty
  243  permitted of such electors or poll watchers by law. Each
  244  instance where any elector or poll watcher files a frivolous
  245  challenge of any person’s right to vote constitutes a separate
  246  offense.
  247         Section 5. Section 101.56075, Florida Statutes, is amended
  248  to read:
  249         101.56075 Voting methods.—
  250         (1) Except as provided in subsection (2), all voting shall
  251  be by marksense ballot utilizing a marking device for the
  252  purpose of designating ballot selections.
  253         (2) Persons with disabilities may vote on a voter interface
  254  device that meets the voting system accessibility requirements
  255  for individuals with disabilities pursuant to s. 301 of the
  256  federal Help America Vote Act of 2002 and s. 101.56062.
  257         (3)By 2012, persons with disabilities shall vote on a
  258  voter interface device that meets the voter accessibility
  259  requirements for individuals with disabilities under s. 301 of
  260  the federal Help America Vote Act of 2002 and s. 101.56062 which
  261  are consistent with subsection (1) of this section.
  262         Section 6. Effective July 1, 2016, subsections (1) and (2)
  263  of section 101.56075, Florida Statutes, are amended to read:
  264         101.56075 Voting methods.—
  265         (1) Except as provided in subsection (2), All voting shall
  266  be by marksense ballot utilizing a marking device for the
  267  purpose of designating ballot selections.
  268         (2) Persons with disabilities shall may vote on a voter
  269  interface device that is consistent with the requirements of
  270  subsection (1) and meets the voting system accessibility
  271  requirements for individuals with disabilities pursuant to s.
  272  301 of the federal Help America Vote Act of 2002 and s.
  273  101.56062.
  274         Section 7. Effective upon this act becoming a law,
  275  subsections (2) and (5) of section 101.5612, Florida Statutes,
  276  are amended to read:
  277         101.5612 Testing of tabulating equipment.—
  278         (2) On any day not more than 10 days prior to the
  279  commencement of early voting as provided in s. 101.657, the
  280  supervisor of elections shall have the automatic tabulating
  281  equipment publicly tested to ascertain that the equipment will
  282  correctly count the votes cast for all offices and on all
  283  measures. If the ballots to be used at the polling place on
  284  election day are not available at the time of the testing, the
  285  supervisor may conduct an additional test not more than 10 days
  286  before election day. Public notice of the time and place of the
  287  test shall be given at least 48 hours prior thereto by
  288  publication once in one or more newspapers of general
  289  circulation in the county and on the supervisor’s website or, if
  290  there is no newspaper of general circulation in the county, by
  291  posting the notice in at least four conspicuous places in the
  292  county. The supervisor or the municipal elections official may,
  293  at the time of qualifying, give written notice of the time and
  294  location of the public preelection test to each candidate
  295  qualifying with that office and obtain a signed receipt that the
  296  notice has been given. The Department of State shall give
  297  written notice to each statewide candidate at the time of
  298  qualifying, or immediately at the end of qualifying, that the
  299  voting equipment will be tested and advise each candidate to
  300  contact the county supervisor of elections as to the time and
  301  location of the public preelection test. The supervisor or the
  302  municipal elections official shall, at least 15 days prior to
  303  the commencement of early voting as provided in s. 101.657, send
  304  written notice by certified mail to the county party chair of
  305  each political party and to all candidates for other than
  306  statewide office whose names appear on the ballot in the county
  307  and who did not receive written notification from the supervisor
  308  or municipal elections official at the time of qualifying,
  309  stating the time and location of the public preelection test of
  310  the automatic tabulating equipment. The canvassing board shall
  311  convene, and each member of the canvassing board shall certify
  312  to the accuracy of the test. For the test, the canvassing board
  313  may designate one member to represent it. The test shall be open
  314  to representatives of the political parties, the press, and the
  315  public. Each political party may designate one person with
  316  expertise in the computer field who shall be allowed in the
  317  central counting room when all tests are being conducted and
  318  when the official votes are being counted. The designee shall
  319  not interfere with the normal operation of the canvassing board.
  320         (5) Any tests involving marksense ballots pursuant to this
  321  section shall employ test preprinted ballots created by the
  322  supervisor of elections using actual ballots that have been
  323  printed for the election., If preprinted ballots will be used in
  324  the election, and ballot-on-demand ballots will be used in the
  325  election, the supervisor shall create test ballots using the, if
  326  ballot-on-demand technology that will be used to produce ballots
  327  in the election, using the same paper stock that will be used
  328  for ballots in the election or both.
  329         Section 8. Effective upon this act becoming a law, section
  330  101.62, Florida Statutes, is amended to read:
  331         101.62 Request for absentee ballots.—
  332         (1)(a) The supervisor shall may accept a request for an
  333  absentee ballot from an elector in person or in writing. Except
  334  as provided in s. 101.694, One request shall be deemed
  335  sufficient to receive an absentee ballot for all elections
  336  through the next two regularly scheduled general election
  337  elections, unless the elector or the elector’s designee
  338  indicates at the time the request is made the elections for
  339  which the elector desires to receive an absentee ballot. Such
  340  request may be considered canceled when any first-class mail
  341  sent by the supervisor to the elector is returned as
  342  undeliverable.
  343         (b) The supervisor shall may accept a written or telephonic
  344  request for an absentee ballot from the elector, or, if directly
  345  instructed by the elector, a member of the elector’s immediate
  346  family, or the elector’s legal guardian. For purposes of this
  347  section, the term “immediate family” has the same meaning as
  348  specified in paragraph (4)(b). The person making the request
  349  must disclose:
  350         1. The name of the elector for whom the ballot is
  351  requested;
  352         2. The elector’s address;
  353         3. The elector’s date of birth;
  354         4. The requester’s name;
  355         5. The requester’s address; and
  356         6.The requester’s driver’s license number, if available;
  357         6.7. The requester’s relationship to the elector; and
  358         8.The requester’s signature (written requests only).
  359         (c) Upon receiving a request for an absentee ballot, the
  360  supervisor of elections shall notify the voter of the free
  361  access system that has been designated by the department for
  362  determining the status of his or her absentee ballot.
  363         (2) A request for an absentee ballot to be mailed to a
  364  voter must be received no later than 5 p.m. on the sixth day
  365  before the election by the supervisor of elections. The
  366  supervisor of elections shall mail absentee ballots to voters
  367  requesting ballots by such deadline no later than 4 days before
  368  the election.
  369         (3) For each request for an absentee ballot received, the
  370  supervisor shall record the date the request was made, the date
  371  the absentee ballot was delivered to the voter or the voter’s
  372  designee or the date the absentee ballot was delivered to the
  373  post office or other carrier, the date the ballot was received
  374  by the supervisor, and such other information he or she may deem
  375  necessary. This information shall be provided in electronic
  376  format as provided by rule adopted by the division. The
  377  information shall be updated and made available no later than
  378  noon of each day beginning on the date on which the first
  379  absentee ballots are mailed for the election and shall be
  380  contemporaneously provided to the division. This information
  381  shall be confidential and exempt from the provisions of s.
  382  119.07(1) and shall be made available to or reproduced only for
  383  the voter requesting the ballot, a canvassing board, an election
  384  official, a political party or official thereof, a candidate who
  385  has filed qualification papers and is opposed in an upcoming
  386  election, and registered political committees or registered
  387  committees of continuous existence, for political purposes only.
  388         (4)(a) No later than 45 days before each election, the
  389  supervisor of elections shall send an absentee ballot, in the
  390  manner prescribed in subparagraph (b)3., to each absent
  391  uniformed services voter and to each overseas voter who has
  392  requested an absentee ballot. To each absent qualified elector
  393  overseas who has requested an absentee ballot, the supervisor of
  394  elections shall mail an absentee ballot not less than 35 days
  395  before the primary election and not less than 45 days before the
  396  general election.
  397         (b) The supervisor shall provide an absentee ballot to each
  398  elector by whom a request for that ballot has been made by one
  399  of the following means:
  400         1. By nonforwardable, return-if-undeliverable mail to the
  401  elector’s current mailing address on file with the supervisor.,
  402  unless the elector specifies in the request that:
  403         2. By nonforwardable, return-if-undeliverable mail to any
  404  address requested by an elector if the request specifies that:
  405         a. The elector is absent from the county and does not plan
  406  to return before the day of the election;
  407         b. The elector is temporarily unable to occupy the
  408  residence because of hurricane, tornado, flood, fire, or other
  409  emergency or natural disaster; or
  410         c. The elector is in a hospital, assisted living facility,
  411  nursing home, short-term medical or rehabilitation facility, or
  412  correctional facility,
  413  
  414  in which case the supervisor shall mail the ballot by
  415  nonforwardable, return-if-undeliverable mail to any other
  416  address the elector specifies in the request.
  417         3.2. By forwardable mail, e-mail, or facsimile machine
  418  transmission to absent uniformed services voters and overseas
  419  voters who are entitled to vote by absentee ballot under the
  420  Uniformed and Overseas Citizens Absentee Voting Act. The absent
  421  uniformed services voter or overseas voter may designate in the
  422  request the preferred method of transmission. If the voter does
  423  not designate the method of transmission, the ballot shall be
  424  mailed.
  425         4.3. By personal delivery before 7 p.m. on election day to
  426  the elector, upon presentation of the identification required in
  427  s. 101.043.
  428         5.4. By delivery to a designee on election day or up to 5
  429  days prior to the day of an election. Any elector may designate
  430  in writing a person to pick up the ballot for the elector;
  431  however, the person designated may not pick up more than two
  432  absentee ballots per election, other than the designee’s own
  433  ballot, except that additional ballots may be picked up for
  434  members of the designee’s immediate family. For purposes of this
  435  section, “immediate family” means the designee’s spouse or the
  436  parent, child, grandparent, or sibling of the designee or of the
  437  designee’s spouse. The designee shall provide to the supervisor
  438  the written authorization by the elector and a picture
  439  identification of the designee and must complete an affidavit.
  440  The designee shall state in the affidavit that the designee is
  441  authorized by the elector to pick up that ballot and shall
  442  indicate if the elector is a member of the designee’s immediate
  443  family and, if so, the relationship. The department shall
  444  prescribe the form of the affidavit. If the supervisor is
  445  satisfied that the designee is authorized to pick up the ballot
  446  and that the signature of the elector on the written
  447  authorization matches the signature of the elector on file, the
  448  supervisor shall give the ballot to that designee for delivery
  449  to the elector.
  450         (5) If In the event that the department Elections
  451  Canvassing Commission is unable to certify candidates for the
  452  results of an election for a state office in time for the
  453  supervisors to comply with paragraph (4)(a) subsection (4), the
  454  Department of State is authorized to prescribe rules for a
  455  ballot to be sent to absent uniformed services voters and
  456  electors overseas voters.
  457         (6) Nothing other than the materials necessary to vote
  458  absentee shall be mailed or delivered with any absentee ballot.
  459         Section 9. Effective upon this act becoming a law,
  460  subsection (1) of section 101.694, Florida Statutes, is amended
  461  to read:
  462         101.694 Mailing of ballots upon receipt of federal postcard
  463  application.—
  464         (1) Upon receipt of a federal postcard application for an
  465  absentee ballot executed by a person whose registration is in
  466  order or whose application is sufficient to register or update
  467  the registration of that person, the supervisor shall send the
  468  ballot in accordance with s. 101.62(4) mail to the applicant a
  469  ballot, if the ballots are available for mailing. The federal
  470  postcard application request for an absentee ballot shall be
  471  effective for all elections through the next two regularly
  472  scheduled general elections.
  473         Section 10. Effective upon this act becoming a law,
  474  subsection (1) of section 101.6952, Florida Statutes, is amended
  475  to read:
  476         101.6952 Absentee ballots for overseas voters.—
  477         (1) If an overseas voter’s request for an absentee ballot
  478  includes an e-mail address, the supervisor of elections shall:
  479         (a) Record the voter’s e-mail address in the absentee
  480  ballot record;
  481         (b) Confirm via e-mail that the absentee request was
  482  received and inform the voter of the estimated date on which the
  483  ballot will be sent to the voter;
  484         (c) Inform the voter of the names of candidates who will be
  485  on the ballots via electronic transmission. The supervisor of
  486  elections shall e-mail to the voter the list of candidates for
  487  the primary and general election not later than 30 days before
  488  each election; and
  489         (d) Notify the voter via e-mail when the voted absentee
  490  ballot is received by the supervisor of elections.
  491         Section 11. Effective upon this act becoming a law,
  492  subsection (2) of section 101.71, Florida Statutes, is amended
  493  to read:
  494         101.71 Polling place.—
  495         (2) Notwithstanding the provisions of subsection (1),
  496  whenever the supervisor of elections of any county determines
  497  that the accommodations for holding any election at a polling
  498  place designated for any precinct in the county are unavailable,
  499  are inadequate for the expeditious and efficient housing and
  500  handling of voting and voting paraphernalia, or do not comply
  501  with the requirements of s. 101.715, the supervisor shall, not
  502  less than 30 days prior to the holding of an election, provide
  503  for the voting place for such precinct to be moved to another
  504  site that is accessible to the public on election day in said
  505  precinct or, if such is not available, to another site that is
  506  accessible to the public on election day in a contiguous
  507  precinct. If such action of the supervisor results in the voting
  508  place for two or more precincts being located for the purposes
  509  of an election in one building, the supervisor of elections
  510  shall provide adequate supplies, equipment, and personnel to
  511  accommodate the voters for the precincts that are colocated
  512  voting places for the several precincts involved shall be
  513  established and maintained separate from each other in said
  514  building. When any supervisor moves any polling place pursuant
  515  to this subsection, the supervisor shall, not more than 30 days
  516  or fewer than 7 days prior to the holding of an election, give
  517  notice of the change of the polling place for the precinct
  518  involved, with clear description of the voting place to which
  519  changed, at least once in a newspaper of general circulation in
  520  said county and on the supervisor’s website. A notice of the
  521  change of the polling place involved shall be mailed, at least
  522  14 days prior to an election, to each registered elector or to
  523  each household in which there is a registered elector.
  524         Section 12. Effective upon this act becoming a law,
  525  subsection (1) of section 102.012, Florida Statutes, is amended
  526  to read:
  527         102.012 Inspectors and clerks to conduct elections.—
  528         (1)(a) The supervisor of elections of each county, at least
  529  20 days prior to the holding of any election, shall appoint an
  530  election board comprised of poll workers who serve as clerks or
  531  inspectors for each precinct in the county. The clerk shall be
  532  in charge of, and responsible for, seeing that the election
  533  board carries out its duties and responsibilities. Each
  534  inspector and each clerk shall take and subscribe to an oath or
  535  affirmation, which shall be written or printed, to the effect
  536  that he or she will perform the duties of inspector or clerk of
  537  election, respectively, according to law and will endeavor to
  538  prevent all fraud, deceit, or abuse in conducting the election.
  539  The oath may be taken before an officer authorized to administer
  540  oaths or before any of the persons who are to act as inspectors,
  541  one of them to swear the others, and one of the others sworn
  542  thus, in turn, to administer the oath to the one who has not
  543  been sworn. The oaths shall be returned with the poll list and
  544  the returns of the election to the supervisor. In all questions
  545  that may arise before the members of an election board, the
  546  decision of a majority of them shall decide the question. The
  547  supervisor of elections of each county shall be responsible for
  548  the attendance and diligent performance of his or her duties by
  549  each clerk and inspector.
  550         (b) If two or more precincts share the same building and
  551  voting place, the supervisor of elections may appoint one
  552  election board for all such precincts. The supervisor shall
  553  provide a sufficient number of poll workers to adequately handle
  554  the processing of the voters in the colocated precincts.
  555         Section 13. Effective upon this act becoming a law, section
  556  102.111, Florida Statutes, is amended to read:
  557         102.111 Elections Canvassing Commission.—
  558         (1) The Elections Canvassing Commission shall consist of
  559  the Governor and two members of the Cabinet selected by the
  560  Governor, all of whom shall serve ex officio. If a member of the
  561  Elections Canvassing commission is unable to serve for any
  562  reason, the Governor shall appoint a remaining member of the
  563  Cabinet. If there is a further vacancy, the remaining members of
  564  the commission shall agree on another elected official to fill
  565  the vacancy.
  566         (2) The Elections Canvassing Commission shall meet at 9
  567  a.m. on the 9th day after a primary election and at 9 a.m. on
  568  the 14th day after a general election to, as soon as the
  569  official results are compiled from all counties, certify the
  570  returns of the election and determine and declare who has been
  571  elected for each federal, state, and multicounty office. If a
  572  member of a county canvassing board that was constituted
  573  pursuant to s. 102.141 determines, within 5 days after the
  574  certification by the Elections Canvassing Commission, that a
  575  typographical error occurred in the official returns of the
  576  county, the correction of which could result in a change in the
  577  outcome of an election, the county canvassing board must certify
  578  corrected returns to the Department of State within 24 hours,
  579  and the Elections Canvassing Commission must correct and
  580  recertify the election returns as soon as practicable.
  581         (3)(2) The Division of Elections shall provide the staff
  582  services required by the Elections Canvassing Commission.
  583         Section 14. Effective upon this act becoming a law,
  584  subsection (2) of section 102.112, Florida Statutes, is amended
  585  to read:
  586         102.112 Deadline for submission of county returns to the
  587  Department of State.—
  588         (2) Returns must be filed by 5 p.m. on the 7th day
  589  following a primary election and by noon on the 12th day
  590  following the general election. However, the Department of State
  591  may correct typographical errors, including the transposition of
  592  numbers, in any returns submitted to the Department of State
  593  pursuant to s. 102.111(2) s. 102.111(1).
  594         Section 15. Effective upon this act becoming a law,
  595  subsections (2) and (7) of section 102.141, Florida Statutes,
  596  are amended to read:
  597         102.141 County canvassing board; duties.—
  598         (2) The county canvassing board shall meet in a building
  599  accessible to the public in the county where the election
  600  occurred at a time and place to be designated by the supervisor
  601  of elections to publicly canvass the absentee electors’ ballots
  602  as provided for in s. 101.68 and provisional ballots as provided
  603  by ss. 101.048, 101.049, and 101.6925. Provisional ballots cast
  604  pursuant to s. 101.049 shall be canvassed in a manner that votes
  605  for candidates and issues on those ballots can be segregated
  606  from other votes. Public notice of the time and place at which
  607  the county canvassing board shall meet to canvass the absentee
  608  electors’ ballots and provisional ballots shall be given at
  609  least 48 hours prior thereto by publication once in one or more
  610  newspapers of general circulation in the county and on the
  611  supervisor’s website or, if there is no newspaper of general
  612  circulation in the county, by posting such notice in at least
  613  four conspicuous places in the county. As soon as the absentee
  614  electors’ ballots and the provisional ballots are canvassed, the
  615  board shall proceed to publicly canvass the vote given each
  616  candidate, nominee, constitutional amendment, or other measure
  617  submitted to the electorate of the county, as shown by the
  618  returns then on file in the office of the supervisor of
  619  elections and the office of the county court judge.
  620         (7) If the unofficial returns reflect that a candidate for
  621  any office was defeated or eliminated by one-half of a percent
  622  or less of the votes cast for such office, that a candidate for
  623  retention to a judicial office was retained or not retained by
  624  one-half of a percent or less of the votes cast on the question
  625  of retention, or that a measure appearing on the ballot was
  626  approved or rejected by one-half of a percent or less of the
  627  votes cast on such measure, the board responsible for certifying
  628  the results of the vote on such race or measure shall order a
  629  recount shall be ordered of the votes cast with respect to such
  630  office or measure. The Secretary of State Elections Canvassing
  631  Commission is the board responsible for ordering recounts in
  632  federal, state, and multicounty races recounts. The county
  633  canvassing board or the local board responsible for certifying
  634  the election is responsible for ordering recounts in all other
  635  races. A recount need not be ordered with respect to the returns
  636  for any office, however, if the candidate or candidates defeated
  637  or eliminated from contention for such office by one-half of a
  638  percent or less of the votes cast for such office request in
  639  writing that a recount not be made.
  640         (a) Each canvassing board responsible for conducting a
  641  recount shall put each marksense ballot through automatic
  642  tabulating equipment and determine whether the returns correctly
  643  reflect the votes cast. If any marksense ballot is physically
  644  damaged so that it cannot be properly counted by the automatic
  645  tabulating equipment during the recount, a true duplicate shall
  646  be made of the damaged ballot pursuant to the procedures in s.
  647  101.5614(5). Immediately before the start of the recount, a test
  648  of the tabulating equipment shall be conducted as provided in s.
  649  101.5612. If the test indicates no error, the recount tabulation
  650  of the ballots cast shall be presumed correct and such votes
  651  shall be canvassed accordingly. If an error is detected, the
  652  cause therefor shall be ascertained and corrected and the
  653  recount repeated, as necessary. The canvassing board shall
  654  immediately report the error, along with the cause of the error
  655  and the corrective measures being taken, to the Department of
  656  State. No later than 11 days after the election, the canvassing
  657  board shall file a separate incident report with the Department
  658  of State, detailing the resolution of the matter and identifying
  659  any measures that will avoid a future recurrence of the error.
  660         (b) Each canvassing board responsible for conducting a
  661  recount where touchscreen ballots were used shall examine the
  662  counters on the precinct tabulators to ensure that the total of
  663  the returns on the precinct tabulators equals the overall
  664  election return. If there is a discrepancy between the overall
  665  election return and the counters of the precinct tabulators, the
  666  counters of the precinct tabulators shall be presumed correct
  667  and such votes shall be canvassed accordingly.
  668         (c) The canvassing board shall submit on forms or in
  669  formats provided by the division a second set of unofficial
  670  returns to the Department of State for each federal, statewide,
  671  state, or multicounty office or ballot measure. Such returns
  672  shall be filed no later than 3 p.m. on the fifth day after any
  673  primary election and no later than 3 p.m. on the ninth day after
  674  any general election in which a recount was ordered by the
  675  Secretary of State conducted pursuant to this subsection. If the
  676  canvassing board is unable to complete the recount prescribed in
  677  this subsection by the deadline, the second set of unofficial
  678  returns submitted by the canvassing board shall be identical to
  679  the initial unofficial returns and the submission shall also
  680  include a detailed explanation of why it was unable to timely
  681  complete the recount. However, the canvassing board shall
  682  complete the recount prescribed in this subsection, along with
  683  any manual recount prescribed in s. 102.166, and certify
  684  election returns in accordance with the requirements of this
  685  chapter.
  686         (d) The Department of State shall adopt detailed rules
  687  prescribing additional recount procedures for each certified
  688  voting system, which shall be uniform to the extent practicable.
  689         Section 16. Effective upon this act becoming a law, section
  690  102.166, Florida Statutes, is amended to read:
  691         102.166 Manual recounts of overvotes and undervotes.—
  692         (1) If the second set of unofficial returns pursuant to s.
  693  102.141 indicates that a candidate for any office was defeated
  694  or eliminated by one-quarter of a percent or fewer less of the
  695  votes cast for such office, that a candidate for retention to a
  696  judicial office was retained or not retained by one-quarter of a
  697  percent or fewer less of the votes cast on the question of
  698  retention, or that a measure appearing on the ballot was
  699  approved or rejected by one-quarter of a percent or fewer less
  700  of the votes cast on such measure, the board responsible for
  701  certifying the results of the vote on such race or measure shall
  702  order a manual recount of the overvotes and undervotes cast in
  703  the entire geographic jurisdiction of such office or ballot
  704  measure shall be ordered unless:
  705         (a) The candidate or candidates defeated or eliminated from
  706  contention by one-quarter of a percent or fewer of the votes
  707  cast for such office request in writing that a recount not be
  708  made; or. A manual recount may not be ordered, however, if
  709         (b) The number of overvotes and, undervotes, and
  710  provisional ballots is fewer than the number of votes needed to
  711  change the outcome of the election.
  712  
  713  The Secretary of State is responsible for ordering a manual
  714  recount for federal, state, and multicounty races. The county
  715  canvassing board or local board responsible for certifying the
  716  election is responsible for ordering a manual recount for all
  717  other races.
  718         (2)(a) Any hardware or software used to identify and sort
  719  overvotes and undervotes for a given race or ballot measure must
  720  be certified by the Department of State as part of the voting
  721  system pursuant to s. 101.015. Any such hardware or software
  722  must be capable of simultaneously counting votes.
  723         (b) Overvotes and undervotes shall be identified and sorted
  724  while recounting ballots pursuant to s. 102.141, if the hardware
  725  or software for this purpose has been certified or the
  726  department’s rules so provide.
  727         (3) Any manual recount shall be open to the public.
  728         (4)(a) A vote for a candidate or ballot measure shall be
  729  counted if there is a clear indication on the ballot that the
  730  voter has made a definite choice.
  731         (b) The Department of State shall adopt specific rules for
  732  each certified voting system prescribing what constitutes a
  733  “clear indication on the ballot that the voter has made a
  734  definite choice.” The rules may not:
  735         1. Exclusively provide that the voter must properly mark or
  736  designate his or her choice on the ballot; or
  737         2. Contain a catch-all provision that fails to identify
  738  specific standards, such as “any other mark or indication
  739  clearly indicating that the voter has made a definite choice.”
  740         (5) Procedures for a manual recount are as follows:
  741         (a) The county canvassing board shall appoint as many
  742  counting teams of at least two electors as is necessary to
  743  manually recount the ballots. A counting team must have, when
  744  possible, members of at least two political parties. A candidate
  745  involved in the race shall not be a member of the counting team.
  746         (b) Each duplicate ballot prepared pursuant to s.
  747  101.5614(5) or s. 102.141(7) shall be compared with the original
  748  ballot to ensure the correctness of the duplicate.
  749         (c) If a counting team is unable to determine whether the
  750  ballot contains a clear indication that the voter has made a
  751  definite choice, the ballot shall be presented to the county
  752  canvassing board for a determination.
  753         (d) The Department of State shall adopt detailed rules
  754  prescribing additional recount procedures for each certified
  755  voting system which shall be uniform to the extent practicable.
  756  The rules shall address, at a minimum, the following areas:
  757         1. Security of ballots during the recount process;
  758         2. Time and place of recounts;
  759         3. Public observance of recounts;
  760         4. Objections to ballot determinations;
  761         5. Record of recount proceedings; and
  762         6. Procedures relating to candidate and petitioner
  763  representatives.
  764         Section 17. Subsections (4) and (7) of section 106.03,
  765  Florida Statutes, are amended to read:
  766         106.03 Registration of political committees.—
  767         (4) Any change in information previously submitted in a
  768  statement of organization shall be reported to the agency or
  769  officer with whom such political committee is registered shall
  770  be reported required to register pursuant to subsection (3),
  771  within 10 days following the change.
  772         (7) The Division of Elections shall adopt promulgate rules
  773  to prescribe the manner in which inactive committees that fail
  774  to file a report or information required pursuant to this
  775  chapter or that fail to meet the criteria prescribed in s.
  776  106.011 may be dissolved and have their registration canceled.
  777  Such rules shall, at a minimum, provide for:
  778         (a) Notice which shall contain the facts and conduct which
  779  warrant the intended action, including but not limited to
  780  failure to file reports and limited activity.
  781         (b) Adequate opportunity to respond.
  782         (c) Appeal of the decision to the Florida Elections
  783  Commission. Such appeals shall be exempt from the
  784  confidentiality provisions of s. 106.25.
  785         Section 18. Subsection (4) of section 106.04, Florida
  786  Statutes, is amended, present subsections (7) and (8) of that
  787  section are renumbered as subsections (8) and (9), respectively,
  788  and amended, and a new subsection (7) is added to that section,
  789  to read:
  790         106.04 Committees of continuous existence.—
  791         (4)(a) Each committee of continuous existence shall file an
  792  annual report with the Division of Elections during the month of
  793  January. Such annual reports shall contain the same information
  794  and shall be accompanied by the same materials as original
  795  applications filed pursuant to subsection (2). However, the
  796  charter or bylaws need not be filed if the annual report is
  797  accompanied by a sworn statement by the chair that no changes
  798  have been made to such charter or bylaws since the last filing.
  799         (b)1. Each committee of continuous existence shall file
  800  regular reports with the Division of Elections pursuant to s.
  801  106.0705 at the same times and subject to the same filing
  802  conditions as are established by s. 106.07(1) and (2) for
  803  candidates’ reports. In addition, when a special election is
  804  called to fill a vacancy in office, all committees of continuous
  805  existence making contributions or expenditures to influence the
  806  results of the special election or the preceding special primary
  807  election must file campaign treasurers’ reports with the filing
  808  officer on the dates set by the Department of State pursuant to
  809  s. 100.111.
  810         2. A committee of continuous existence that makes a
  811  contribution or an expenditure in connection with a county or
  812  municipal election that is not being held at the same time as a
  813  state or federal election must also file campaign finance
  814  reports with the county or municipal filing officer on the same
  815  dates as county or municipal candidates or committees for that
  816  election. The committee of continuous existence must include the
  817  contribution or expenditure in the next report filed with the
  818  Division of Elections pursuant to this section following the
  819  county or municipal election.
  820         3.2. Any committee of continuous existence failing to so
  821  file a report with the Division of Elections or applicable
  822  filing officer pursuant to this paragraph on the designated due
  823  date shall be subject to a fine for late filing as provided by
  824  this section.
  825         (c) All committees of continuous existence shall file their
  826  reports with the Division of Elections. Reports filed pursuant
  827  to paragraph (b) must shall be filed in accordance with s.
  828  106.0705 and shall contain the following information:
  829         1. The full name, address, and occupation of each person
  830  who has made one or more contributions, including contributions
  831  that represent the payment of membership dues, to the committee
  832  during the reporting period, together with the amounts and dates
  833  of such contributions. For corporations, the report must provide
  834  as clear a description as practicable of the principal type of
  835  business conducted by the corporation. However, if the
  836  contribution is $100 or less, the occupation of the contributor
  837  or principal type of business need not be listed. However, for
  838  any contributions that represent the payment of dues by members
  839  in a fixed amount aggregating no more than $250 per calendar
  840  year, pursuant to the schedule on file with the Division of
  841  Elections, only the aggregate amount of such contributions need
  842  be listed, together with the number of members paying such dues
  843  and the amount of the membership dues.
  844         2. The name and address of each political committee or
  845  committee of continuous existence from which the reporting
  846  committee received, or the name and address of each political
  847  committee, committee of continuous existence, or political party
  848  to which it made, any transfer of funds, together with the
  849  amounts and dates of all transfers.
  850         3. Any other receipt of funds not listed pursuant to
  851  subparagraph 1. or subparagraph 2., including the sources and
  852  amounts of all such funds.
  853         4. The name and address of, and office sought by, each
  854  candidate to whom the committee has made a contribution during
  855  the reporting period, together with the amount and date of each
  856  contribution.
  857         5. The full name and address of each person to whom
  858  expenditures have been made by or on behalf of the committee
  859  within the reporting period; the amount, date, and purpose of
  860  each such expenditure; and the name and address, and office
  861  sought by, each candidate on whose behalf such expenditure was
  862  made.
  863         6. The full name and address of each person to whom an
  864  expenditure for personal services, salary, or reimbursement for
  865  authorized expenses has been made, including the full name and
  866  address of each entity to whom the person made payment for which
  867  reimbursement was made by check drawn upon the committee
  868  account, together with the amount and purpose of such payment.
  869         7. Transaction information from each credit card purchase
  870  statement that will be included in the next report following
  871  receipt thereof by the committee. Receipts for each credit card
  872  purchase shall be retained by the treasurer with the records for
  873  the committee account.
  874         8. The total sum of expenditures made by the committee
  875  during the reporting period.
  876         (d) The treasurer of each committee shall certify as to the
  877  correctness of each report and shall bear the responsibility for
  878  its accuracy and veracity. Any treasurer who willfully certifies
  879  to the correctness of a report while knowing that such report is
  880  incorrect, false, or incomplete commits a misdemeanor of the
  881  first degree, punishable as provided in s. 775.082 or s.
  882  775.083.
  883         (7) Any change in information previously submitted to the
  884  division must be reported within 10 days following the change.
  885         (8)(7) If a committee of continuous existence ceases to
  886  meet the criteria prescribed by subsection (1) or fails to file
  887  a report or information required pursuant to this chapter, the
  888  Division of Elections shall revoke its certification until such
  889  time as the criteria are again met. The Division of Elections
  890  shall adopt promulgate rules to prescribe the manner in which
  891  the such certification of a committee of continuous existence
  892  shall be revoked. Such rules shall, at a minimum, provide for:
  893         (a) Notice, which must shall contain the facts and conduct
  894  that warrant the intended action.
  895         (b) Adequate opportunity to respond.
  896         (c) Appeal of the decision to the Florida Elections
  897  Commission. Such appeals are shall be exempt from the
  898  confidentiality provisions of s. 106.25.
  899         (9)(8)(a) Any committee of continuous existence failing to
  900  file a report on the designated due date is shall be subject to
  901  a fine. The fine shall be $50 per day for the first 3 days late
  902  and, thereafter, $500 per day for each late day, not to exceed
  903  25 percent of the total receipts or expenditures, whichever is
  904  greater, for the period covered by the late report. However, for
  905  the reports immediately preceding each primary and general
  906  election, including a special primary election and a special
  907  general election, the fine shall be $500 per day for each late
  908  day, not to exceed 25 percent of the total receipts or
  909  expenditures, whichever is greater, for the period covered by
  910  the late report. The fine shall be assessed by the filing
  911  officer, and the moneys collected shall be deposited:
  912         1. In the General Revenue Fund, in the case of fines
  913  collected by the Division of Elections.
  914         2. In the general revenue fund of the political
  915  subdivision, in the case of fines collected by a county or
  916  municipal filing officer. No separate fine shall be assessed for
  917  failure to file a copy of any report required by this section.
  918         (b) Upon determining that a report is late, the filing
  919  officer shall immediately notify the treasurer of the committee
  920  or the committee’s registered agent as to the failure to file a
  921  report by the designated due date and that a fine is being
  922  assessed for each late day. Upon receipt of the report, the
  923  filing officer shall determine the amount of fine which is due
  924  and shall notify the treasurer of the committee. Notice is
  925  deemed sufficient upon proof of delivery of written notice to
  926  the mailing or street address on record with the filing officer.
  927  The filing officer shall determine the amount of the fine due
  928  based upon the earliest of the following:
  929         1. When the report is actually received by such officer.
  930         2. When the report is postmarked.
  931         3. When the certificate of mailing is dated.
  932         4. When the receipt from an established courier company is
  933  dated.
  934  
  935  Such fine shall be paid to the filing officer within 20 days
  936  after receipt of the notice of payment due, unless appeal is
  937  made to the Florida Elections Commission pursuant to paragraph
  938  (c). An officer or member of a committee is shall not be
  939  personally liable for such fine.
  940         (c) Any treasurer of a committee may appeal or dispute the
  941  fine, based upon unusual circumstances surrounding the failure
  942  to file on the designated due date, and may request and is shall
  943  be entitled to a hearing before the Florida Elections
  944  Commission, which may shall have the authority to waive the fine
  945  in whole or in part. Any such request must shall be made within
  946  20 days after receipt of the notice of payment due. In such
  947  case, the treasurer of The committee shall file a copy of the
  948  appeal with, within the 20-day period, notify the filing officer
  949  in writing of his or her intention to bring the matter before
  950  the commission.
  951         (d) The filing officer shall notify the Florida Elections
  952  Commission of the repeated late filing by a committee of
  953  continuous existence, the failure of a committee of continuous
  954  existence to file a report after notice, or the failure to pay
  955  the fine imposed.
  956         Section 19. Paragraph (b) of subsection (2), subsections
  957  (3) and (4), and paragraph (b) of subsection (8) of section
  958  106.07, Florida Statutes, are amended to read:
  959         106.07  Reports; certification and filing.—
  960         (2)
  961         (b)1. Any report which is deemed to be incomplete by the
  962  officer with whom the candidate qualifies shall be accepted on a
  963  conditional basis., and The campaign treasurer shall be notified
  964  by certified registered mail, or other common carrier that can
  965  provide proof-of-delivery service for the notice, as to why the
  966  report is incomplete, and within 7 be given 3 days after from
  967  receipt of such notice, must to file an addendum to the report
  968  providing all information necessary to complete the report in
  969  compliance with this section. Failure to file a complete report
  970  after such notice constitutes a violation of this chapter.
  971         2. Notice is deemed sufficient upon proof of delivery of
  972  written notice to the mailing or street address of the campaign
  973  treasurer or registered agent on record with the filing officer.
  974  In lieu of the notice by registered mail as required in
  975  subparagraph 1., the qualifying officer may notify the campaign
  976  treasurer by telephone that the report is incomplete and request
  977  the information necessary to complete the report. If, however,
  978  such information is not received by the qualifying officer
  979  within 3 days after the telephone request therefor, notice shall
  980  be sent by registered mail as provided in subparagraph 1.
  981         (3)(a) Reports required of a political committee shall be
  982  filed with the agency or officer before whom such committee
  983  registers pursuant to s. 106.03(3) and shall be subject to the
  984  same filing conditions as established for candidates’ reports.
  985  Incomplete reports by political committees shall be treated in
  986  the manner provided for incomplete reports by candidates in
  987  subsection (2).
  988         (b) In addition to the reports required by paragraph (a), a
  989  political committee that is registered with the Department of
  990  State and that makes a contribution or expenditure in connection
  991  with a county or municipal election that is not being held at
  992  the same time as a state or federal election must file campaign
  993  finance reports with the county or municipal filing officer on
  994  the same dates as county or municipal candidates or committees
  995  for that election. The political committee must also include
  996  such contribution or expenditure in the next report filed with
  997  the Division of Elections pursuant to this section following the
  998  county or municipal election.
  999         (4)(a) Each report required by this section must shall
 1000  contain:
 1001         1. The full name, address, and occupation, if any of each
 1002  person who has made one or more contributions to or for such
 1003  committee or candidate within the reporting period, together
 1004  with the amount and date of such contributions. For
 1005  corporations, the report must provide as clear a description as
 1006  practicable of the principal type of business conducted by the
 1007  corporation. However, if the contribution is $100 or less or is
 1008  from a relative, as defined in s. 112.312, provided that the
 1009  relationship is reported, the occupation of the contributor or
 1010  the principal type of business need not be listed.
 1011         2. The name and address of each political committee from
 1012  which the reporting committee or the candidate received, or to
 1013  which the reporting committee or candidate made, any transfer of
 1014  funds, together with the amounts and dates of all transfers.
 1015         3. Each loan for campaign purposes to or from any person or
 1016  political committee within the reporting period, together with
 1017  the full names, addresses, and occupations, and principal places
 1018  of business, if any, of the lender and endorsers, if any, and
 1019  the date and amount of such loans.
 1020         4. A statement of each contribution, rebate, refund, or
 1021  other receipt not otherwise listed under subparagraphs 1.
 1022  through 3.
 1023         5. The total sums of all loans, in-kind contributions, and
 1024  other receipts by or for such committee or candidate during the
 1025  reporting period. The reporting forms shall be designed to
 1026  elicit separate totals for in-kind contributions, loans, and
 1027  other receipts.
 1028         6. The full name and address of each person to whom
 1029  expenditures have been made by or on behalf of the committee or
 1030  candidate within the reporting period; the amount, date, and
 1031  purpose of each such expenditure; and the name and address of,
 1032  and office sought by, each candidate on whose behalf such
 1033  expenditure was made. However, expenditures made from the petty
 1034  cash fund provided by s. 106.12 need not be reported
 1035  individually.
 1036         7. The full name and address of each person to whom an
 1037  expenditure for personal services, salary, or reimbursement for
 1038  authorized expenses as provided in s. 106.021(3) has been made
 1039  and which is not otherwise reported, including the amount, date,
 1040  and purpose of such expenditure. However, expenditures made from
 1041  the petty cash fund provided for in s. 106.12 need not be
 1042  reported individually.
 1043         8. The total amount withdrawn and the total amount spent
 1044  for petty cash purposes pursuant to this chapter during the
 1045  reporting period.
 1046         9. The total sum of expenditures made by such committee or
 1047  candidate during the reporting period.
 1048         10. The amount and nature of debts and obligations owed by
 1049  or to the committee or candidate, which relate to the conduct of
 1050  any political campaign.
 1051         11. Transaction information for each credit card purchase.
 1052  A copy of each credit card statement which shall be included in
 1053  the next report following receipt thereof by the candidate or
 1054  political committee. Receipts for each credit card purchase
 1055  shall be retained by the treasurer with the records for the
 1056  campaign account.
 1057         12. The amount and nature of any separate interest-bearing
 1058  accounts or certificates of deposit and identification of the
 1059  financial institution in which such accounts or certificates of
 1060  deposit are located.
 1061         13. The primary purposes of an expenditure made indirectly
 1062  through a campaign treasurer pursuant to s. 106.021(3) for goods
 1063  and services such as communications media placement or
 1064  procurement services, campaign signs, insurance, and other
 1065  expenditures that include multiple components as part of the
 1066  expenditure. The primary purpose of an expenditure shall be that
 1067  purpose, including integral and directly related components,
 1068  that comprises 80 percent of such expenditure.
 1069         (8)
 1070         (b) Upon determining that a report is late, the filing
 1071  officer shall immediately notify the candidate or chair of the
 1072  political committee as to the failure to file a report by the
 1073  designated due date and that a fine is being assessed for each
 1074  late day. The fine shall be $50 per day for the first 3 days
 1075  late and, thereafter, $500 per day for each late day, not to
 1076  exceed 25 percent of the total receipts or expenditures,
 1077  whichever is greater, for the period covered by the late report.
 1078  However, for the reports immediately preceding each primary and
 1079  general election, the fine shall be $500 per day for each late
 1080  day, not to exceed 25 percent of the total receipts or
 1081  expenditures, whichever is greater, for the period covered by
 1082  the late report. For reports required under s. 106.141(7), the
 1083  fine is $50 per day for each late day, not to exceed 25 percent
 1084  of the total receipts or expenditures, whichever is greater, for
 1085  the period covered by the late report. Upon receipt of the
 1086  report, the filing officer shall determine the amount of the
 1087  fine which is due and shall notify the candidate, or chair, or
 1088  registered agent of the political committee. The filing officer
 1089  shall determine the amount of the fine due based upon the
 1090  earliest of the following:
 1091         1. When the report is actually received by such officer.
 1092         2. When the report is postmarked.
 1093         3. When the certificate of mailing is dated.
 1094         4. When the receipt from an established courier company is
 1095  dated.
 1096         5. When the electronic receipt issued pursuant to s.
 1097  106.0705 or other electronic filing system authorized in this
 1098  section is dated.
 1099  
 1100  Such fine shall be paid to the filing officer within 20 days
 1101  after receipt of the notice of payment due, unless appeal is
 1102  made to the Florida Elections Commission pursuant to paragraph
 1103  (c). Notice is deemed sufficient upon proof of delivery of
 1104  written notice to the mailing or street address on record with
 1105  the filing officer. In the case of a candidate, such fine shall
 1106  not be an allowable campaign expenditure and shall be paid only
 1107  from personal funds of the candidate. An officer or member of a
 1108  political committee shall not be personally liable for such
 1109  fine.
 1110         Section 20. Subsection (3) of section 106.0705, Florida
 1111  Statutes, is amended to read:
 1112         106.0705 Electronic filing of campaign treasurer’s
 1113  reports.—
 1114         (3) Reports filed pursuant to this section shall be
 1115  completed and filed through the electronic filing system not
 1116  later than midnight of the day designated. Reports not filed by
 1117  midnight of the day designated are late filed and are subject to
 1118  the penalties under s. 106.04(9) s. 106.04(8), s. 106.07(8), or
 1119  s. 106.29(3), as applicable.
 1120         Section 21. Subsection (6) is added to section 106.11,
 1121  Florida Statutes, to read:
 1122         106.11 Expenses of and expenditures by candidates and
 1123  political committees.—Each candidate and each political
 1124  committee which designates a primary campaign depository
 1125  pursuant to s. 106.021(1) shall make expenditures from funds on
 1126  deposit in such primary campaign depository only in the
 1127  following manner, with the exception of expenditures made from
 1128  petty cash funds provided by s. 106.12:
 1129         (6) A candidate who made a loan to his or her campaign and
 1130  reported the loan as required by s. 106.07 may be reimbursed for
 1131  the loan at any time the campaign account has sufficient funds
 1132  to repay the loan and satisfy its other obligations.
 1133         Section 22. Subsections (1) and (2) of section 106.143,
 1134  Florida Statutes, are amended to read:
 1135         106.143 Political advertisements circulated prior to
 1136  election; requirements.—
 1137         (1)(a) Any political advertisement that is paid for by a
 1138  candidate and that is published, displayed, or circulated prior
 1139  to, or on the day of, any election must prominently state:
 1140  “Political advertisement paid for and approved by ...(name of
 1141  candidate)..., ...(party affiliation)..., for...(office
 1142  sought),” or “Pol. adv. pd. for and approved by (name of
 1143  candidate), (party affiliation), for (office sought)....”
 1144  Candidates seeking nonpartisan office shall omit the reference
 1145  to party affiliation in all disclaimers.
 1146         (b) Any other political advertisement published, displayed,
 1147  or circulated prior to, or on the day of, any election must
 1148  prominently:
 1149         1. Be marked “paid political advertisement” or with the
 1150  abbreviation “pd. pol. adv.”
 1151         2. State the name and address of the persons sponsoring the
 1152  advertisement.
 1153         3.a.(I) State whether the advertisement and the cost of
 1154  production is paid for or provided in kind by or at the expense
 1155  of the entity publishing, displaying, broadcasting, or
 1156  circulating the political advertisement; or
 1157         (II) State who provided or paid for the advertisement and
 1158  cost of production, if different from the source of sponsorship.
 1159         b. This subparagraph does not apply if the source of the
 1160  sponsorship is patently clear from the content or format of the
 1161  political advertisement.
 1162         (c) Any political advertisement made pursuant to s.
 1163  106.021(3)(d) must be marked “paid political advertisement” or
 1164  with the abbreviation “pd. pol. adv.” and must prominently
 1165  state, “Paid for and sponsored by ... (name of person paying for
 1166  political advertisement).... Approved by ...(names of persons,
 1167  party affiliation, and offices sought in the political
 1168  advertisement)....”
 1169  
 1170  This subsection does not apply to campaign messages used by a
 1171  candidate and the candidate’s supporters if those messages are
 1172  designed to be worn by a person.
 1173         (2) Any political advertisement of a candidate running for
 1174  partisan office shall express the name of the political party of
 1175  which the candidate is seeking nomination or is the nominee. If
 1176  the candidate for partisan office is running as a candidate with
 1177  no party affiliation, any political advertisement of the
 1178  candidate must state that the candidate has no party
 1179  affiliation. A candidate who is running for a nonpartisan office
 1180  must exclude the candidate’s political party affiliation from
 1181  any political advertisement.
 1182         Section 23. Paragraph (b) of subsection (3) of section
 1183  106.29, Florida Statutes, is amended to read:
 1184         106.29 Reports by political parties; restrictions on
 1185  contributions and expenditures; penalties.—
 1186         (3)
 1187         (b) Upon determining that a report is late, the filing
 1188  officer shall immediately notify the chair of the executive
 1189  committee as to the failure to file a report by the designated
 1190  due date and that a fine is being assessed for each late day.
 1191  The fine shall be $1,000 for a state executive committee, and
 1192  $50 for a county executive committee, per day for each late day,
 1193  not to exceed 25 percent of the total receipts or expenditures,
 1194  whichever is greater, for the period covered by the late report.
 1195  However, if an executive committee fails to file a report on the
 1196  Friday immediately preceding the general election, the fine
 1197  shall be $10,000 per day for each day a state executive
 1198  committee is late and $500 per day for each day a county
 1199  executive committee is late. Upon receipt of the report, the
 1200  filing officer shall determine the amount of the fine which is
 1201  due and shall notify the chair. Notice is deemed sufficient upon
 1202  proof of delivery of written notice to the mailing or street
 1203  address on record with the filing officer. The filing officer
 1204  shall determine the amount of the fine due based upon the
 1205  earliest of the following:
 1206         1. When the report is actually received by such officer.
 1207         2. When the report is postmarked.
 1208         3. When the certificate of mailing is dated.
 1209         4. When the receipt from an established courier company is
 1210  dated.
 1211         5. When the electronic receipt issued pursuant to s.
 1212  106.0705 is dated.
 1213  
 1214  Such fine shall be paid to the filing officer within 20 days
 1215  after receipt of the notice of payment due, unless appeal is
 1216  made to the Florida Elections Commission pursuant to paragraph
 1217  (c). An officer or member of an executive committee shall not be
 1218  personally liable for such fine.
 1219         Section 24. Effective upon this act becoming a law,
 1220  subsection (11) of section 379.352, Florida Statutes, is amended
 1221  to read:
 1222         379.352 Recreational licenses, permits, and authorization
 1223  numbers to take wild animal life, freshwater aquatic life, and
 1224  marine life; issuance; costs; reporting.—
 1225         (11) When acting in its official capacity pursuant to this
 1226  section, neither the commission nor a subagent is deemed a
 1227  third-party registration organization, as defined in s.
 1228  97.021(36), or a voter registration agency, as defined in s.
 1229  97.021(40), and is not authorized to solicit, accept, or collect
 1230  voter registration applications or provide voter registration
 1231  services.
 1232         Section 25. Except as otherwise explicitly provided in this
 1233  act and except for this section, which shall take effect upon
 1234  this act becoming a law, this act shall take effect January 1,
 1235  2011.

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