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Senate Bill 0960

Senate Bill sb0960c2

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    Florida Senate - 2007            CS for CS for SB's 960 & 1010

    By the Committees on Transportation and Economic Development
    Appropriations; Ethics and Elections; and Senators Constantine
    and Ring



    606-2667-07

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; redefining the term "third-party

  4         registration organization"; amending s.

  5         97.0575, F.S.; revising fines applicable to

  6         violations of requirements relating to

  7         third-party voter registrations; amending s.

  8         103.121, F.S.; revising the dates relating to

  9         the presidential preference primary; amending

10         s. 101.75, F.S.; authorizing municipalities to

11         move their election date by ordinance to

12         coincide with the presidential preference

13         primary; amending s. 101.151, F.S.; authorizing

14         the use of ballot-on-demand technology to

15         produce certain marksense ballots; creating s.

16         101.56075, F.S.; requiring all voting to be by

17         marksense ballot; providing an exemption for

18         voters with disabilities; requiring voter

19         interface devices for individuals with

20         disabilities by a specified date; amending s.

21         101.5612, F.S.; requiring the use of certain

22         marksense ballots for pre-election testing;

23         amending s. 101.591, F.S.; requiring

24         post-election, random audits of voting systems;

25         providing general audit procedures; mandating

26         that audit results be reported to the

27         Department of State; prescribing requirements

28         for audit reports; granting rulemaking

29         authority to the department to adopt detailed,

30         uniform audit procedures and a standard audit

31         reporting form; providing procedures for the

                                  1

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 1         purchase of new voting systems and ballot

 2         equipment and the disposition of existing

 3         touchscreen voting systems for certain

 4         counties; authorizing the Department of State

 5         to purchase optical scan voting equipment and

 6         ballot-on-demand equipment for certain

 7         counties; appropriating funds for such purpose;

 8         amending s. 97.041, F.S.; authorizing qualified

 9         persons to preregister to vote on or after

10         receipt of a valid driver's license; amending

11         s. 97.053, F.S.; requiring an applicant for

12         voter registration to be notified when the

13         application cannot be verified; providing for

14         registration upon presentation of evidence of a

15         driver's license number, identification card

16         number, or the last four digits of the

17         applicant's social security number; changing

18         the time within which a person casting a

19         provisional ballot may present evidence of

20         eligibility to vote; changing the time for

21         voter registrations to be entered into the

22         statewide voter registration system; amending

23         s. 99.021, F.S.; prescribing form of oath for

24         candidates for federal office; amending s.

25         99.061, F.S.; prescribing times for qualifying

26         for nomination or election; prescribing

27         specific procedures for qualifying for special

28         district office; providing that the filing fee

29         of a candidate for a special district election

30         need not be drawn on a campaign account;

31         amending s. 99.095, F.S.; prescribing the

                                  2

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 1         number of signatures required for a candidate

 2         for special district office to qualify by

 3         petition; prescribing the time for

 4         certification to the Division of Elections of

 5         certain candidates qualifying by petition;

 6         amending s. 99.096, F.S.; changing manner of

 7         candidate selection by minor political parties;

 8         repealing s. 99.0965, F.S., relating to the

 9         selection of minor party candidates; amending

10         s. 100.041, F.S.; prescribing the time when a

11         county commissioner is deemed elected; amending

12         s. 100.051, F.S.; revising requirements

13         relating to candidates' whose names must be

14         printed on general election ballots; amending

15         s. 100.061, F.S.; changing the date of the

16         primary election; amending s. 100.111, F.S.;

17         revising provisions relating to choosing

18         political party nominees for a special

19         election; amending s. 100.191, F.S.; revising

20         the time for canvassing special election

21         returns; amending s. 100.371, F.S.; requiring

22         initiative petition forms to be signed by the

23         constitutionally required distribution of

24         electors; amending timeframes for verifying

25         petition signatures; prescribing information

26         that must be on a petition initiative form, and

27         conditions with which the elector signing it

28         must comply, before the form may be verified;

29         providing procedures for revocation of a

30         signature on a petition form; amending s.

31         101.043, F.S.; revising forms of identification

                                  3

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 1         accepted at the polls; amending s. 101.048,

 2         F.S.; changing the time within which a person

 3         casting a provisional ballot may present

 4         evidence of eligibility to vote; amending s.

 5         101.573, F.S.; changing the time for filing

 6         precinct-level election results; requiring such

 7         results to be filed with respect to special

 8         elections; prescribing requirements for such

 9         data; amending s. 101.6103, F.S.; changing the

10         time to begin canvassing mail ballots; amending

11         s. 101.62, F.S.; revising the period of

12         effectiveness of a request for an absentee

13         ballot; revising the time for sending an

14         absentee ballot to an overseas elector;

15         revising time period for providing absentee

16         ballots; amending s. 101.68, F.S.; changing the

17         time to begin canvassing absentee ballots;

18         amending s. 102.112, F.S.; changing the

19         deadline for submitting county returns to the

20         Department of State; amending s. 102.141, F.S.;

21         requiring submission of preliminary returns in

22         certain format by election night to the

23         Department of State; changing the time to

24         submit unofficial returns; amending s. 102.166,

25         F.S.; conforming a cross-reference; amending s.

26         103.081, F.S.; allowing political parties to

27         file with the Department of State names of

28         groups associated with a party; prescribing

29         conditions on the use of those filed names;

30         amending s. 103.091, F.S.; revising the number

31         of and the qualifications for state

                                  4

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    Florida Senate - 2007            CS for CS for SB's 960 & 1010
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 1         committeemen and committeewomen; changing the

 2         times for qualifying for election to a

 3         political party executive committee; amending

 4         s. 103.141, F.S.; providing that officers and

 5         members of a county executive committee may be

 6         removed from office pursuant to s. 103.161;

 7         repealing s. 103.151, F.S., relating to the

 8         removal of a state executive committee member

 9         for violation of the member's oath of office;

10         creating s. 103.161, F.S.; providing for the

11         removal or suspension of officers and members

12         of a state or county executive committee for

13         violation of the officer's or member's oath of

14         office; prescribing procedures for such removal

15         and restrictions after removal; amending s.

16         105.031, F.S.; changing the times for

17         qualifying for school board candidates;

18         amending s. 106.021, F.S.; revising

19         qualifications for a campaign treasurer and

20         deputy treasurer for a candidate or political

21         committee; amending s. 106.04, F.S.;

22         authorizing certain entities to collect and

23         forward membership dues to committees of

24         continuous existence; amending s. 106.055,

25         F.S.; prescribing valuation method for travel

26         on a private aircraft; amending s. 106.08,

27         F.S.; prescribing procedures for receiving and

28         transferring contributions made to political

29         committees and committees of continuous

30         existence; amending s. 106.09, F.S.; revising

31         prohibition on making or accepting a cash

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 1         contribution; amending s. 106.143, F.S.;

 2         providing disclosure requirements for political

 3         advertisements made pursuant to s.

 4         106.021(3)(d), F.S.; amending s. 106.17, F.S.;

 5         revising who may authorize or conduct polls or

 6         surveys relating to candidates; amending s.

 7         106.25, F.S.; revising requirements for

 8         complaints filed alleging violations of

 9         chapters 106 and 104, F.S.; revising procedures

10         after certain complaints are filed; providing

11         for the withdrawal of certain complaints;

12         providing for the Florida Elections Commission

13         to maintain a searchable database of all final

14         orders and agency actions and providing

15         requirements for such database; amending s.

16         106.35, F.S.; revising the time for the

17         Division of Elections to distribute funds to

18         candidates; amending s. 112.51, F.S.; providing

19         for filling vacancies created when a municipal

20         officer has been removed from office; repealing

21         s. 106.37, F.S., relating to willful violations

22         of campaign finance laws; amending s. 189.405,

23         F.S.; revising qualification procedures for

24         candidates for special district office;

25         amending s. 191.005, F.S.; revising

26         qualification procedures for candidates for

27         independent special fire control district

28         boards of commissioners; amending s. 582.18,

29         F.S.; revising qualification procedures for

30         candidates for soil and water conservation

31         district supervisors; amending s. 876.05, F.S.;

                                  6

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 1         exempting candidates for federal office from

 2         taking the public employees' oath; providing

 3         effective dates.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Subsection (36) of section 97.021, Florida

 8  Statutes, is amended to read:

 9         97.021  Definitions.--For the purposes of this code,

10  except where the context clearly indicates otherwise, the

11  term:

12         (36)  "Third-party registration organization" means any

13  person, entity, or organization soliciting or collecting voter

14  registration applications. A third-party voter registration

15  organization does not include:

16         (a)  A political party;

17         (a)(b)  A person who seeks only to register to vote or

18  collect voter registration applications from that person's

19  spouse, child, or parent; or

20         (b)(c)  A person engaged in registering to vote or

21  collecting voter registration applications as an employee or

22  agent of the division, supervisor of elections, Department of

23  Highway Safety and Motor Vehicles, or a voter registration

24  agency.

25         Section 2.  Subsection (3) of section 97.0575, Florida

26  Statutes, is amended to read:

27         97.0575  Third-party voter registrations.--

28         (3)  A third-party voter registration organization that

29  collects voter registration applications serves as a fiduciary

30  to the applicant, ensuring that any voter registration

31  application entrusted to the third-party voter registration

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 1  organization, irrespective of party affiliation, race,

 2  ethnicity, or gender shall be promptly delivered to the

 3  division or the supervisor of elections. If a voter

 4  registration application collected by any third-party voter

 5  registration organization is not promptly delivered to the

 6  division or supervisor of elections, the individual collecting

 7  the voter registration application, the registered agent, and

 8  those individuals responsible for the day-to-day operation of

 9  the third-party voter registration organization, including, if

10  applicable, the entity's board of directors, president, vice

11  president, managing partner, or such other individuals engaged

12  in similar duties or functions, shall be personally and

13  jointly and severally liable for the following fines:

14         (a)  A fine in the amount of $50 $250 for each

15  application received by the division or the supervisor of

16  elections more than 10 days after the applicant delivered the

17  completed voter registration application to the third-party

18  voter registration organization or any person, entity, or

19  agent acting on its behalf. A fine in the amount of $250 for

20  each application received if the third-party registration

21  organization or person, entity, or agency acting on its behalf

22  acted willfully.

23         (b)  A fine in the amount of $100 $500 for each

24  application collected by a third-party voter registration

25  organization or any person, entity, or agent acting on its

26  behalf, prior to book closing for any given election for

27  federal or state office and received by the division or the

28  supervisor of elections after the book closing deadline for

29  such election. A fine in the amount of $500 for each

30  application received if the third-party registration

31  

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 1  organization or person, entity, or agency acting on its behalf

 2  acted willfully.

 3         (c)  A fine in the amount of $500 $5,000 for each

 4  application collected by a third-party voter registration

 5  organization or any person, entity, or agent acting on its

 6  behalf, which is not submitted to the division or supervisor

 7  of elections. A fine in the amount of $2,500 for each

 8  application not submitted if the third-party registration

 9  organization or person, entity, or agency acting on its behalf

10  acted willfully.

11  

12  The fines provided in this subsection shall be reduced by

13  three-fourths in cases in which the third-party voter

14  registration organization has complied with subsection (1).

15  The secretary shall waive the fines described in this

16  subsection upon a showing that the failure to deliver the

17  voter registration application promptly is based upon force

18  majeure or impossibility of performance.

19         Section 3.  Effective July 1, 2007, subsections (1),

20  (2), (3), and (6) of section 103.101, Florida Statutes, are

21  amended to read:

22         103.101  Presidential preference primary.--

23         (1)  Each political party other than a minor political

24  party shall, on the last second Tuesday in January March in

25  each year the number of which is a multiple of 4, elect one

26  person to be the candidate for nomination of such party for

27  President of the United States or select delegates to the

28  national nominating convention, as provided by party rule.

29         (2)  There shall be a Presidential Candidate Selection

30  Committee composed of the Secretary of State, who shall be a

31  nonvoting chair; the Speaker of the House of Representatives;

                                  9

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 1  the President of the Senate; the minority leader of each house

 2  of the Legislature; and the chair of each political party

 3  required to have a presidential preference primary under this

 4  section.

 5         (a)  By October December 31 of the year preceding the

 6  Florida presidential preference primary, each political party

 7  shall submit to the Secretary of State a list of its

 8  presidential candidates to be placed on the presidential

 9  preference primary ballot or candidates entitled to have

10  delegates appear on the presidential preference primary

11  ballot.  The Secretary of State shall prepare and publish a

12  list of the names of the presidential candidates submitted.

13  The Secretary of State shall submit such list of names of

14  presidential candidates to the selection committee on the

15  first Tuesday after the first Monday in November of the

16  January each year preceding the a presidential preference

17  primary election is held.  Each person designated as a

18  presidential candidate shall have his or her name appear, or

19  have his or her delegates' names appear, on the presidential

20  preference primary ballot unless all committee members of the

21  same political party as the candidate agree to delete such

22  candidate's name from the ballot.  The selection committee

23  shall meet in Tallahassee on the first Tuesday after the first

24  Monday in November of the January each year preceding the a

25  presidential preference primary is held.  The selection

26  committee shall publicly announce and submit to the Department

27  of State no later than 5 p.m. on the following day the names

28  of presidential candidates who shall have their names appear,

29  or who are entitled to have their delegates' names appear, on

30  the presidential preference primary ballot.  The Department of

31  State shall immediately notify each presidential candidate

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 1  designated by the committee.  Such notification shall be in

 2  writing, by registered mail, with return receipt requested.

 3         (b)  Any presidential candidate whose name does not

 4  appear on the list submitted to the Secretary of State may

 5  request that the selection committee place his or her name on

 6  the ballot. Such request shall be made in writing to the

 7  Secretary of State no later than the second Tuesday after the

 8  first Monday in November of the year preceding the

 9  presidential preference primary January.

10         (c)  If a presidential candidate makes a request that

11  the selection committee reconsider placing the candidate's

12  name on the ballot, the selection committee will reconvene no

13  later than the second Thursday after the first Monday in

14  November of the year preceding the presidential preference

15  primary January to reconsider placing the candidate's name on

16  the ballot. The Department of State shall immediately notify

17  such candidate of the selection committee's decision.

18         (3)  A candidate's name shall be printed on the

19  presidential preference primary ballot unless the candidate

20  submits to the Department of State, prior to the second

21  Tuesday after the first Monday in November of the year

22  preceding the presidential preference primary January, an

23  affidavit stating that he or she is not now, and does not

24  presently intend to become, a candidate for President at the

25  upcoming nominating convention.  If a candidate withdraws

26  pursuant to this subsection, the Department of State shall

27  notify the state executive committee that the candidate's name

28  will not be placed on the ballot.  The Department of State

29  shall, no later than the third Tuesday after the first Monday

30  in November of the year preceding the presidential preference

31  primary January, certify to each supervisor of elections the

                                  11

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 1  name of each candidate for political party nomination to be

 2  printed on the ballot.

 3         (6)  Delegates must qualify no later than the second

 4  Friday in November of the year preceding the presidential

 5  preference primary January in the manner provided by party

 6  rule.

 7         Section 4.  Effective July 1, 2007, subsection (3) is

 8  added to section 101.75, Florida Statutes, to read:

 9         101.75  Municipal elections; change of dates for

10  cause.--

11         (3)  Notwithstanding any provision of local law, for

12  any municipality whose election is scheduled to be held in

13  March 2008, the governing body of the municipality,

14  notwithstanding any municipal charter provision, may, by

15  ordinance, move the date of the general municipal election in

16  2008 and in each subsequent year that is a multiple of 4 to

17  the date concurrent with the presidential preference primary.

18  The dates for qualifying for the general municipal election

19  moved by the passage of such an ordinance shall be

20  specifically provided for in the ordinance and shall run for

21  no less than 14 days. The term of office for any elected

22  municipal official shall commence as provided by the relevant

23  municipal charter or ordinance, and the term of office for any

24  elected municipal official whose term was due to expire in

25  March 2008 shall expire as provided by the relevant municipal

26  charter or ordinance.

27         Section 5.  Effective July 1, 2008, subsection (1) of

28  section 101.151, Florida Statutes, is amended to read:

29         101.151  Specifications for ballots.--

30         (1)(a)  Marksense ballots shall be printed on paper of

31  such thickness that the printing cannot be distinguished from

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 1  the back and shall meet the specifications of the voting

 2  system that will be used to tabulate the ballots.

 3         (b)  Early voting sites may employ a ballot-on-demand

 4  production system to print individual marksense ballots,

 5  including provisional ballots, for eligible electors pursuant

 6  to s. 101.657. Ballot-on-demand technology may be used to

 7  produce marksense absentee ballots. Not later than 30 days

 8  before an election, the Secretary of State may also authorize

 9  in writing the use of ballot-on-demand technology for the

10  production of election-day ballots.

11         Section 6.  Effective July 1, 2008, section 101.56075,

12  Florida Statutes, is created to read:

13         101.56075  Voting methods.--

14         (1)  Except as provided in subsection (2), all voting

15  shall be by marksense ballot utilizing a marking device for

16  the purpose of designating ballot selections.

17         (2)  Persons with disabilities may vote on a voter

18  interface device that meets the voting system accessibility

19  requirements for individuals with disabilities pursuant to

20  section 301 of the federal Help America Vote Act of 2002 and

21  s. 101.56062.

22         (3)  By 2012, persons with disabilities shall vote on a

23  voter interface device that meets the voter accessibility

24  requirements for individuals with disabilities under section

25  301 of the federal Help America Vote Act of 2002 and s.

26  101.56062, which are consistent with subsection (1) of this

27  section.

28         Section 7.  Effective July 1, 2008, subsection (5) is

29  added to section 101.5612, Florida Statutes, to read:

30         101.5612  Testing of tabulating equipment.--

31  

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 1         (5)  Any tests involving marksense ballots pursuant to

 2  this section shall employ pre-printed ballots, if pre-printed

 3  ballots will be used in the election, and ballot-on-demand

 4  ballots, if ballot-on-demand technology will be used to

 5  produce ballots in the election, or both.

 6         Section 8.  Effective July 1, 2008, section 101.591,

 7  Florida Statutes, is amended to read:

 8         (Substantial rewording of section. See

 9         s. 101.591, F.S., for present text.)

10         101.591  Voting system audit.--

11         (1)  Immediately following the certification of each

12  election, the county canvassing board or the local board

13  responsible for certifying the election shall conduct a manual

14  audit of the voting systems used in randomly selected

15  precincts.

16         (2)  The audit shall consist of a public manual tally

17  of the votes cast in the "President and Vice President" or

18  "Governor and Lieutenant Governor" race that appears at the

19  top of the ballot or, if neither appears, the first race

20  appearing on the ballot pursuant to s. 101.151(2), or, in the

21  case of a purely municipal election, the first municipal race

22  or issue on that ballot. The tally shall include election-day,

23  absentee, early voting, provisional, and overseas ballots, in

24  at least 1 percent but no more than 2 percent of the precincts

25  chosen at random by the county canvassing board or the local

26  board responsible for certifying the election. If 1 percent of

27  the precincts is less than one entire precinct, the audit

28  shall be conducted using at least one precinct chosen at

29  random by the county canvassing board or the local board

30  responsible for certifying the election. Such precincts shall

31  be selected at a publicly-noticed canvassing board meeting.

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 1         (3)  The canvassing board shall post a notice of the

 2  audit, including the date, time, and place, in four

 3  conspicuous places in the county and on the home page of the

 4  county supervisor of elections web site.

 5         (4)  The audit must be completed and the results made

 6  public no later than 11:59 p.m. on the 7th day following

 7  certification of the election by the county canvassing board

 8  or the local board responsible for certifying the election.

 9         (5)  Within 15 days after completion of the audit, the

10  county canvassing board or the board responsible for

11  certifying the election shall provide a report with the

12  results of the audit to the Department of State in a standard

13  format as prescribed by the department. The report shall

14  contain, but is not limited to, the following items:

15         (a)  The overall accuracy of audit.

16         (b)  A description of any problems or discrepancies

17  encountered.

18         (c)  The likely cause of such problems or

19  discrepancies.

20         (d)  Recommended corrective action with respect to

21  avoiding or mitigating such circumstances in future elections.

22         Section 9.  Effective upon this act becoming a law, the

23  Department of State shall adopt rules to implement the

24  provisions of s. 101.591, Florida Statutes, as amended by

25  section 4 which prescribe detailed audit procedures for each

26  voting system, which shall be uniform to the extent

27  practicable, along with the standard form for audit reports.

28         Section 10.  Effective upon this act becoming a law:

29         (1)  Notwithstanding ss. 101.292-101.295 and s.

30  101.5604, Florida Statutes, as a condition of the state

31  purchasing optical scan voting equipment and ballot-on-demand

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 1  equipment to replace touchscreen equipment as provided in

 2  section 7, each recipient county hereby authorizes the

 3  Secretary of State to act as its agent to negotiate the

 4  purchase of new equipment and the sale, exchange, or other

 5  disposition of existing touchscreen voting equipment that is

 6  not necessary to conduct voting for individuals with

 7  disabilities. Further, each such county hereby designates the

 8  Secretary of State as the authorized recipient of all proceeds

 9  realized from the sale, exchange, or other disposition of the

10  voting equipment up to and including the state's cost to fund

11  the county's new equipment. The secretary shall deposit the

12  proceeds in the Grants and Donations Trust Fund within 60 days

13  after the sale, exchange, or other disposition.

14         (2)  A county commission may choose to opt out of this

15  state funding scheme by filing a notice to that effect with

16  the Department of State no later than June 30, 2007. Any

17  county choosing to opt out shall continue to be governed by

18  the provisions of ss. 101.292-101.295 and s. 101.5604, Florida

19  Statutes, with respect to the purchase of new voting systems

20  and equipment.

21         Section 11.  Effective July 1, 2007:

22         (1)  The Department of State is authorized to purchase:

23         (a)  Election-day optical scan voting equipment, for

24  the following counties:  Broward, Charlotte, Collier,

25  Hillsborough, Indian River, Lake, Lee, Martin, Miami-Dade,

26  Nassau, Palm Beach, Pasco, Pinellas, Sarasota, and Sumter.

27         (b)  Ballot-on-demand equipment for use at early voting

28  sites, including optical scan tabulators, for the following

29  counties:  Bay, Brevard, Broward, Charlotte, Clay, Collier,

30  Escambia, Hillsborough, Indian River, Jackson, Lake, Lee,

31  Levy, Marion, Martin, Miami-Dade, Nassau, Okaloosa, Orange,

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 1  Osceola, Palm Beach, Pasco, Pinellas, Santa Rosa, Sarasota,

 2  St. Johns, Sumter, Taylor, and Washington.

 3         (2)  The sum of $27,861,850 is appropriated from the

 4  Grants and Donations Trust Fund to the Division of Elections

 5  within the Department of State for the purpose of implementing

 6  this section.

 7         Section 12.  Paragraph (b) of subsection (1) of section

 8  97.041, Florida Statutes, is amended to read:

 9         97.041  Qualifications to register or vote.--

10         (1)

11         (b)  A person who is otherwise qualified may

12  preregister on or after that person's 17th birthday or receipt

13  of a valid Florida driver's license, whichever occurs earlier,

14  and may vote in any election occurring on or after that

15  person's 18th birthday.

16         Section 13.  Subsections (6) and (7) of section 97.053,

17  Florida Statutes, are amended to read:

18         97.053  Acceptance of voter registration

19  applications.--

20         (6)  A voter registration application may be accepted

21  as valid only after the department has verified the

22  authenticity or nonexistence of the driver's license number,

23  the Florida identification card number, or the last four

24  digits of the social security number provided by the

25  applicant. If a completed voter registration application has

26  been received by the book-closing deadline but the driver's

27  license number, the Florida identification card number, or the

28  last four digits of the social security number provided by the

29  applicant cannot be verified, the applicant shall be notified

30  that the application is incomplete and that the voter must

31  provide evidence to the supervisor sufficient to verify the

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 1  authenticity of the number provided on the application. If the

 2  voter provides the necessary evidence, the supervisor shall

 3  place the voter's name on the registration rolls as an active

 4  voter. If the voter has not provided the necessary evidence or

 5  the number has not otherwise been verified prior to the

 6  applicant presenting himself or herself to vote, the applicant

 7  shall be provided a provisional ballot. The provisional ballot

 8  shall be counted only if the application is verified by the

 9  end of the canvassing period or if the applicant presents

10  evidence to the supervisor of elections sufficient to verify

11  the authenticity of the driver's license number, Florida

12  identification card number, or last four digits of the social

13  security number provided on the application no later than 5

14  p.m. of the second third day following the election.

15         (7)  All voter registration applications received by a

16  voter registration official shall be entered into the

17  statewide voter registration system within 13 15 days after

18  receipt. Once entered, the application shall be immediately

19  forwarded to the appropriate supervisor of elections.

20         Section 14.  Paragraph (a) of subsection (1) of section

21  99.021, Florida Statutes, is amended to read:

22         99.021  Form of candidate oath.--

23         (1)(a)1.  Each candidate, whether a party candidate, a

24  candidate with no party affiliation, or a write-in candidate,

25  in order to qualify for nomination or election to any office

26  other than a judicial office as defined in chapter 105 or a

27  federal office, shall take and subscribe to an oath or

28  affirmation in writing.  A printed copy of the oath or

29  affirmation shall be furnished to the candidate by the officer

30  before whom such candidate seeks to qualify and shall be

31  substantially in the following form:

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 1  

 2  State of Florida

 3  County of....

 4         Before me, an officer authorized to administer oaths,

 5  personally appeared ...(please print name as you wish it to

 6  appear on the ballot)..., to me well known, who, being sworn,

 7  says that he or she is a candidate for the office of ....;

 8  that he or she is a qualified elector of .... County, Florida;

 9  that he or she is qualified under the Constitution and the

10  laws of Florida to hold the office to which he or she desires

11  to be nominated or elected; that he or she has taken the oath

12  required by ss. 876.05-876.10, Florida Statutes; that he or

13  she has qualified for no other public office in the state, the

14  term of which office or any part thereof runs concurrent with

15  that of the office he or she seeks; and that he or she has

16  resigned from any office from which he or she is required to

17  resign pursuant to s. 99.012, Florida Statutes.

18                                  ...(Signature of candidate)...

19                                                 ...(Address)...

20  

21  Sworn to and subscribed before me this .... day of ....,

22  ...(year)..., at .... County, Florida.

23       ...(Signature and title of officer administering oath)...

24  

25         2.  Each candidate for federal office, whether a party

26  candidate, a candidate with no party affiliation, or a

27  write-in candidate, in order to qualify for nomination or

28  election to office shall take and subscribe to an oath or

29  affirmation in writing. A printed copy of the oath or

30  affirmation shall be furnished to the candidate by the officer

31  

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 1  before whom such candidate seeks to qualify and shall be

 2  substantially in the following form:

 3  

 4  State of Florida

 5  County of __________

 6         Before me, an officer authorized to administer oaths,

 7  personally appeared (please print name as you wish it to

 8  appear on the ballot), to me well known, who, being sworn,

 9  says that he or she is a candidate for the office of

10  __________; that he or she is qualified under the Constitution

11  and laws of the United States to hold the office to which he

12  or she desires to be nominated or elected; that he or she has

13  qualified for no other public office in the state, the term of

14  which office or any part thereof runs concurrent with that of

15  the office he or she seeks; and that he or she has resigned

16  from any office from which he or she is required to resign

17  pursuant to s. 99.012, Florida Statutes.

18                                   __(Signature of candidate) __

19                                                       (Address)

20  

21  Sworn to and subscribed before me this _____ day of ______

22  (year), at _____ County, Florida.

23       ...(Signature and title of officer administering oath)...

24         Section 15.  Section 99.061, Florida Statutes, is

25  amended to read:

26         99.061  Method of qualifying for nomination or election

27  to federal, state, county, or district office.--

28         (1)  The provisions of any special act to the contrary

29  notwithstanding, each person seeking to qualify for nomination

30  or election to a federal, state, or multicounty district

31  office, other than election to a judicial office as defined in

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 1  chapter 105 or the office of school board member, shall file

 2  his or her qualification papers with, and pay the qualifying

 3  fee, which shall consist of the filing fee and election

 4  assessment, and party assessment, if any has been levied, to,

 5  the Department of State, or qualify by the petition process

 6  pursuant to s. 99.095 with the Department of State, at any

 7  time after noon of the 1st day for qualifying, which shall be

 8  as follows: the 120th day prior to the primary election, but

 9  not later than noon of the 116th day prior to the date of the

10  primary election, for persons seeking to qualify for

11  nomination or election to federal office or to the office of

12  the state attorney or the public defender; and noon of the

13  71st 50th day prior to the primary election, but not later

14  than noon of the 67th 46th day prior to the date of the

15  primary election, for persons seeking to qualify for

16  nomination or election to a state or multicounty district

17  office, other than the office of the state attorney or the

18  public defender.

19         (2)  The provisions of any special act to the contrary

20  notwithstanding, each person seeking to qualify for nomination

21  or election to a county office, or district or special

22  district office not covered by subsection (1), shall file his

23  or her qualification papers with, and pay the qualifying fee,

24  which shall consist of the filing fee and election assessment,

25  and party assessment, if any has been levied, to, the

26  supervisor of elections of the county, or shall qualify by the

27  petition process pursuant to s. 99.095 with the supervisor of

28  elections, at any time after noon of the 1st day for

29  qualifying, which shall be the 71st 50th day prior to the

30  primary election or special district election, but not later

31  than noon of the 67th 46th day prior to the date of the

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 1  primary election or special district election. However, if a

 2  special district election is held at the same time as the

 3  general election, qualifying shall be the 50th day prior to

 4  the primary election, but not later than noon of the 46th day

 5  prior to the date of the primary election. Within 30 days

 6  after the closing of qualifying time, the supervisor of

 7  elections shall remit to the secretary of the state executive

 8  committee of the political party to which the candidate

 9  belongs the amount of the filing fee, two-thirds of which

10  shall be used to promote the candidacy of candidates for

11  county offices and the candidacy of members of the

12  Legislature.

13         (3)  Notwithstanding the provisions of any special act

14  to the contrary, each person seeking to qualify for election

15  to a special district office shall qualify between noon of the

16  71st day prior to the primary election and noon of the 67th

17  day prior to the date of the primary election. Candidates for

18  single county special districts shall qualify with the

19  supervisor of elections in the county in which the district is

20  located. If the district is a multicounty district, candidates

21  shall qualify with the Department of State. All special

22  district candidates shall qualify by paying a filing fee of

23  $25 or qualify by the petition process pursuant to s. 99.095.

24  Notwithstanding s. 106.021, a candidate who does not collect

25  contributions and whose only expense is the filing fee or

26  signature verification fee is not required to appoint a

27  campaign treasurer or designate a primary campaign depository.

28         (4)(3)(a)  Each person seeking to qualify for election

29  to office as a write-in candidate shall file his or her

30  qualification papers with the respective qualifying officer at

31  any time after noon of the 1st day for qualifying, but not

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 1  later than noon of the last day of the qualifying period for

 2  the office sought.

 3         (b)  Any person who is seeking election as a write-in

 4  candidate shall not be required to pay a filing fee, election

 5  assessment, or party assessment. A write-in candidate is shall

 6  not be entitled to have his or her name printed on any ballot;

 7  however, space for the write-in candidate's name to be written

 8  in must shall be provided on the general election ballot. A No

 9  person may not qualify as a write-in candidate if the person

10  has also otherwise qualified for nomination or election to

11  such office.

12         (5)(4)  At the time of qualifying for office, each

13  candidate for a constitutional office shall file a full and

14  public disclosure of financial interests pursuant to s. 8,

15  Art. II of the State Constitution, and a candidate for any

16  other office, including local elective office, shall file a

17  statement of financial interests pursuant to s. 112.3145.

18         (6)(5)  The Department of State shall certify to the

19  supervisor of elections, within 7 days after the closing date

20  for qualifying, the names of all duly qualified candidates for

21  nomination or election who have qualified with the Department

22  of State.

23         (6)  Notwithstanding the qualifying period prescribed

24  in this section, if a candidate has submitted the necessary

25  petitions by the required deadline in order to qualify by the

26  petition process pursuant to s. 99.095 as a candidate for

27  nomination or election and the candidate is notified after the

28  5th day prior to the last day for qualifying that the required

29  number of signatures has been obtained, the candidate is

30  entitled to subscribe to the candidate's oath and file the

31  qualifying papers at any time within 5 days from the date the

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 1  candidate is notified that the necessary number of signatures

 2  has been obtained. Any candidate who qualifies within the time

 3  prescribed in this subsection is entitled to have his or her

 4  name printed on the ballot.

 5         (7)(a)  In order for a candidate to be qualified, the

 6  following items must be received by the filing officer by the

 7  end of the qualifying period:

 8         1.  A properly executed check drawn upon the

 9  candidate's campaign account in an amount not less than the

10  fee required by s. 99.092 or, in lieu thereof, as applicable,

11  the copy of the notice of obtaining ballot position pursuant

12  to s. 99.095. The filing fee for a special district candidate

13  is not required to be drawn upon the candidate's campaign

14  account. If a candidate's check is returned by the bank for

15  any reason, the filing officer shall immediately notify the

16  candidate and the candidate shall, the end of qualifying

17  notwithstanding, have 48 hours from the time such notification

18  is received, excluding Saturdays, Sundays, and legal holidays,

19  to pay the fee with a cashier's check purchased from funds of

20  the campaign account. Failure to pay the fee as provided in

21  this subparagraph shall disqualify the candidate.

22         2.  The candidate's oath required by s. 99.021, which

23  must contain the name of the candidate as it is to appear on

24  the ballot; the office sought, including the district or group

25  number if applicable; and the signature of the candidate, duly

26  acknowledged.

27         3.  The loyalty oath required by s. 876.05, signed by

28  the candidate and duly acknowledged.

29         4.  If the office sought is partisan, the written

30  statement of political party affiliation required by s.

31  99.021(1)(b).

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 1         5.  The completed form for the appointment of campaign

 2  treasurer and designation of campaign depository, as required

 3  by s. 106.021.

 4         6.  The full and public disclosure or statement of

 5  financial interests required by subsection (5) (4). A public

 6  officer who has filed the full and public disclosure or

 7  statement of financial interests with the Commission on Ethics

 8  or the supervisor of elections prior to qualifying for office

 9  may file a copy of that disclosure at the time of qualifying.

10         (b)  If the filing officer receives qualifying papers

11  that do not include all items as required by paragraph (a)

12  prior to the last day of qualifying, the filing officer shall

13  make a reasonable effort to notify the candidate of the

14  missing or incomplete items and shall inform the candidate

15  that all required items must be received by the close of

16  qualifying. A candidate's name as it is to appear on the

17  ballot may not be changed after the end of qualifying.

18         (8)  Notwithstanding the qualifying period prescribed

19  in this section, a qualifying office may accept and hold

20  qualifying papers submitted not earlier than 14 days prior to

21  the beginning of the qualifying period, to be processed and

22  filed during the qualifying period.

23         (9)  Notwithstanding the qualifying period prescribed

24  by this section, in each year in which the Legislature

25  apportions the state, the qualifying period for persons

26  seeking to qualify for nomination or election to federal

27  office shall be between noon of the 71st 57th day prior to the

28  primary election, but not later than noon of the 67th 53rd day

29  prior to the primary election.

30  

31  

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 1         (10)  The Department of State may prescribe by rule

 2  requirements for filing papers to qualify as a candidate under

 3  this section.

 4         Section 16.  Subsections (2) and (4) of section 99.095,

 5  Florida Statutes, are amended to read:

 6         99.095  Petition process in lieu of a qualifying fee

 7  and party assessment.--

 8         (2)(a)  Except as provided in paragraph (b), a

 9  candidate must shall obtain the number of signatures of voters

10  in the geographical area represented by the office sought

11  equal to at least 1 percent of the total number of registered

12  voters of that geographical area, as shown by the compilation

13  by the department for the immediately last preceding general

14  election. Signatures may not be obtained until the candidate

15  has filed the appointment of campaign treasurer and

16  designation of campaign depository pursuant to s. 106.021.

17         (b)  A candidate for a special district office shall

18  obtain 25 signatures of voters in the geographical area

19  represented by the office sought.

20         (c)(b)  The format of the petition shall be prescribed

21  by the division and shall be used by candidates to reproduce

22  petitions for circulation. If the candidate is running for an

23  office that requires a group or district designation, the

24  petition must indicate that designation and, if it does not,

25  the signatures are not valid. A separate petition is required

26  for each candidate.

27         (4)(a)  Certifications for candidates for federal,

28  state, or multicounty district, or multicounty special

29  district office shall be submitted to the division no later

30  than the 7th day before the first day of the qualifying period

31  for the office sought. The division shall determine whether

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 1  the required number of signatures has been obtained and shall

 2  notify the candidate.

 3         (b)  For candidates for county, or district, or special

 4  district office not covered by paragraph (a), the supervisor

 5  shall determine whether the required number of signatures has

 6  been obtained and shall notify the candidate.

 7         Section 17.  Section 99.096, Florida Statutes, is

 8  amended to read:

 9         99.096  Minor political party candidates; names on

10  ballot.--

11         (1)  No later than noon of the third day prior to the

12  first day of the qualifying period prescribed for federal

13  candidates, the executive committee of a minor political party

14  shall submit to the Department of State a list of federal

15  candidates nominated by the party to be on the general

16  election ballot. No later than noon of the third day prior to

17  the first day of the qualifying period for state candidates,

18  the executive committee of a minor political party shall

19  submit to the filing officer for each of the candidates the

20  official list of the state, multicounty, and county candidates

21  nominated by that party to be on the ballot in the general

22  election. The official list of nominated candidates may not be

23  changed by the party after having been filed with the filing

24  officers, except that vacancies in nominations may be filled

25  pursuant to s. 100.111.

26         (2)  Each person seeking to qualify for election as a

27  candidate of a minor political party shall file his or her

28  qualifying papers with, and pay the qualifying fee and, if one

29  has been levied, the party assessment, or qualify by the

30  petition process pursuant to s. 99.095, with the officer and

31  

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 1  at the times and under the circumstances provided in s.

 2  99.061.

 3         Section 18.  Section 99.0965, Florida Statutes, is

 4  repealed.

 5         Section 19.  Paragraph (a) of subsection (2) of section

 6  100.041, Florida Statutes, is amended to read:

 7         100.041  Officers chosen at general election.--

 8         (2)(a)  Each county commissioner from an odd-numbered

 9  district shall be elected at the general election in each year

10  the number of which is a multiple of 4, for a 4-year term

11  commencing on the second Tuesday following such election, and

12  each county commissioner from an even-numbered district shall

13  be elected at the general election in each even-numbered year

14  the number of which is not a multiple of 4, for a 4-year term

15  commencing on the second Tuesday following such election. A

16  county commissioner is "elected" for purposes of this

17  paragraph on the date that the county canvassing board

18  certifies the results of the election pursuant to s. 102.151.

19         Section 20.  Section 100.051, Florida Statutes, is

20  amended to read:

21         100.051  Candidate's name on general election

22  ballot.--The supervisor of elections of each county shall

23  print on ballots to be used in the county at the next general

24  election the names of candidates who have been nominated by a

25  political party, other than a minor political party, and the

26  candidates who have otherwise obtained a position on the

27  general election ballot in compliance with the requirements of

28  this code.

29         Section 21.  Section 100.061, Florida Statutes, is

30  amended to read:

31  

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 1         100.061  Primary election.--In each year in which a

 2  general election is held, a primary election for nomination of

 3  candidates of political parties shall be held on the Tuesday

 4  10 9 weeks prior to the general election. The candidate

 5  receiving the highest number of votes cast in each contest in

 6  the primary election shall be declared nominated for such

 7  office. If two or more candidates receive an equal and highest

 8  number of votes for the same office, such candidates shall

 9  draw lots to determine which candidate is nominated.

10         Section 22.  Subsection (3) of section 100.111, Florida

11  Statutes, is amended to read:

12         100.111  Filling vacancy.--

13         (3)  Whenever there is a vacancy for which a special

14  election is required pursuant to s. 100.101, the Governor,

15  after consultation with the Secretary of State, shall fix the

16  dates of a special primary election and a special election.

17  Nominees of political parties other than minor political

18  parties shall be chosen under the primary laws of this state

19  in the special primary election to become candidates in the

20  special election. Prior to setting the special election dates,

21  the Governor shall consider any upcoming elections in the

22  jurisdiction where the special election will be held. The

23  dates fixed by the Governor shall be specific days certain and

24  shall not be established by the happening of a condition or

25  stated in the alternative. The dates fixed shall provide a

26  minimum of 2 weeks between each election. In the event a

27  vacancy occurs in the office of state senator or member of the

28  House of Representatives when the Legislature is in regular

29  legislative session, the minimum times prescribed by this

30  subsection may be waived upon concurrence of the Governor, the

31  Speaker of the House of Representatives, and the President of

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 1  the Senate. If a vacancy occurs in the office of state senator

 2  and no session of the Legislature is scheduled to be held

 3  prior to the next general election, the Governor may fix the

 4  dates for the special primary election and for the special

 5  election to coincide with the dates of the primary election

 6  and general election. If a vacancy in office occurs in any

 7  district in the state Senate or House of Representatives or in

 8  any congressional district, and no session of the Legislature,

 9  or session of Congress if the vacancy is in a congressional

10  district, is scheduled to be held during the unexpired portion

11  of the term, the Governor is not required to call a special

12  election to fill such vacancy.

13         (a)  The dates for candidates to qualify in such

14  special election or special primary election shall be fixed by

15  the Department of State, and candidates shall qualify not

16  later than noon of the last day so fixed. The dates fixed for

17  qualifying shall allow a minimum of 14 days between the last

18  day of qualifying and the special primary election.

19         (b)  The filing of campaign expense statements by

20  candidates in such special elections or special primaries and

21  by committees making contributions or expenditures to

22  influence the results of such special primaries or special

23  elections shall be not later than such dates as shall be fixed

24  by the Department of State, and in fixing such dates the

25  Department of State shall take into consideration and be

26  governed by the practical time limitations.

27         (c)  The dates for a candidate to qualify by the

28  petition process pursuant to s. 99.095 in such special primary

29  or special election shall be fixed by the Department of State.

30  In fixing such dates the Department of State shall take into

31  consideration and be governed by the practical time

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 1  limitations. Any candidate seeking to qualify by the petition

 2  process in a special primary election shall obtain 25 percent

 3  of the signatures required by s. 99.095.

 4         (d)  The qualifying fees and party assessments of such

 5  candidates as may qualify shall be the same as collected for

 6  the same office at the last previous primary for that office.

 7  The party assessment shall be paid to the appropriate

 8  executive committee of the political party to which the

 9  candidate belongs.

10         (e)  Each county canvassing board shall make as speedy

11  a return of the result of such special primary elections and

12  special elections as time will permit, and the Elections

13  Canvassing Commission likewise shall make as speedy a canvass

14  and declaration of the nominees as time will permit.

15         Section 23.  Section 100.191, Florida Statutes, is

16  amended to read:

17         100.191  General election laws applicable to special

18  elections; returns.--All laws that are applicable to general

19  elections are applicable to special elections or special

20  primary elections to fill a vacancy in office or nomination,

21  except that the canvass of returns by the county canvassing

22  board of each county in which a special election is held shall

23  be made on the day following the election, and the certificate

24  of the result of the canvass shall be immediately forwarded to

25  the Department of State. The Elections Canvassing Commission

26  shall immediately, upon receipt of returns from the county in

27  which a special election is held, proceed to canvass the

28  returns and determine and declare the result thereof.

29         Section 24.  Effective August 1, 2007, subsections (1)

30  and (3) of section 100.371, Florida Statutes, are amended,

31  present subsection (6) of that section is renumbered as

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 1  subsection (7) and amended, and a new subsection (6) is added

 2  to that section, to read:

 3         100.371  Initiatives; procedure for placement on

 4  ballot.--

 5         (1)  Constitutional amendments proposed by initiative

 6  shall be placed on the ballot for the general election,

 7  provided the initiative petition has been filed with the

 8  Secretary of State no later than February 1 of the year the

 9  general election is held. A petition shall be deemed to be

10  filed with the Secretary of State upon the date the secretary

11  determines that valid and verified the petition forms have has

12  been signed by the constitutionally required number and

13  distribution of electors under this code, subject to the right

14  of revocation established in this section.

15         (3)  Each signature shall be dated when made and shall

16  be valid for a period of 4 years following such date, provided

17  all other requirements of law are met. The sponsor shall

18  submit signed and dated forms to the appropriate supervisor of

19  elections for verification as to the number of registered

20  electors whose valid signatures appear thereon. The supervisor

21  shall promptly verify the signatures within 30 days of receipt

22  of the petition forms and upon payment of the fee required by

23  s. 99.097. The supervisor shall promptly record each valid

24  signature in the statewide voter registration system, in the

25  manner prescribed by the Secretary of State, the date each

26  form is received by the supervisor and the date the signature

27  on the form is verified as valid. The supervisor may verify

28  that the signature on a form is valid only if:

29         (a)  The form contains the original signature of the

30  purported elector.

31  

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 1         (b)  The purported elector has accurately recorded on

 2  the form the date on which he or she signed the form.

 3         (c)  The date the elector signed the form, as recorded

 4  by the elector, is no more than 30 days before the date the

 5  form is received by the supervisor of elections.

 6         (d)  The form accurately sets forth the purported

 7  elector's name, street address, county, and voter registration

 8  number or date of birth.

 9         (e)  The purported elector is, at the time he or she

10  signs the form, a duly qualified and registered elector

11  authorized to vote in the county in which his or her signature

12  is submitted.

13  

14  The supervisor shall retain the signature forms for at least 1

15  year following the election in which the issue appeared on the

16  ballot or until the Division of Elections notifies the

17  supervisors of elections that the committee which circulated

18  the petition is no longer seeking to obtain ballot position.

19         (6)(a)  An elector's signature on a petition form may

20  be revoked by submitting to the appropriate supervisor of

21  elections a signed petition-revocation form adopted by rule

22  for this purpose by the division.

23         (b)  The petition-revocation form and the manner in

24  which signatures are obtained, submitted, and verified shall

25  be subject to the same relevant requirements and timeframes as

26  the corresponding petition form and processes under this code

27  and shall be approved by the Secretary of State before any

28  signature on a petition-revocation form is obtained.

29         (c)  Supervisors of elections shall provide

30  petition-revocation forms to the public at all main and branch

31  offices.

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 1         (d)  The petition-revocation form shall be filed with

 2  the supervisor of elections by February 1 preceding the next

 3  general election or, if the initiative amendment is not

 4  certified for ballot position in that election, by February 1

 5  preceding the next successive general election. The supervisor

 6  of elections shall promptly verify the signature on the

 7  petition-revocation form and process such revocation upon

 8  payment, in advance, of a fee of 10 cents or the actual cost

 9  of verifying such signature, whichever is less. The supervisor

10  shall promptly record each valid and verified

11  petition-revocation form in the statewide voter registration

12  system in the manner prescribed by the Secretary of State.

13         (7)(6)  The Department of State may adopt rules in

14  accordance with s. 120.54 to carry out the provisions of

15  subsections (1)-(6) (1)-(5).

16         Section 25.  Subsection (1) of section 101.043, Florida

17  Statutes, is amended to read:

18         101.043  Identification required at polls.--

19         (1)  The precinct register, as prescribed in s. 98.461,

20  shall be used at the polls for the purpose of identifying the

21  elector at the polls prior to allowing him or her to vote. The

22  clerk or inspector shall require each elector, upon entering

23  the polling place, to present one of the following current and

24  valid picture identifications:

25         (a)  Florida driver's license.

26         (b)  Florida identification card issued by the

27  Department of Highway Safety and Motor Vehicles.

28         (c)  United States passport.

29         (d)  Employee badge or identification.

30         (e)  Buyer's club identification.

31         (f)  Debit or credit card.

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 1         (d)(g)  Military identification.

 2         (h)  Student identification.

 3         (i)  Retirement center identification.

 4         (j)  Neighborhood association identification.

 5         (e)(k)  Public assistance identification.

 6  

 7  If the picture identification does not contain the signature

 8  of the voter, an additional identification that provides the

 9  voter's signature shall be required. The elector shall sign

10  his or her name in the space provided on the precinct register

11  or on an electronic device provided for recording the voter's

12  signature. The clerk or inspector shall compare the signature

13  with that on the identification provided by the elector and

14  enter his or her initials in the space provided on the

15  precinct register or on an electronic device provided for that

16  purpose and allow the elector to vote if the clerk or

17  inspector is satisfied as to the identity of the elector.

18         Section 26.  Subsection (1) of section 101.048, Florida

19  Statutes, is amended to read:

20         101.048  Provisional ballots.--

21         (1)  At all elections, a voter claiming to be properly

22  registered in the state and eligible to vote at the precinct

23  in the election but whose eligibility cannot be determined, a

24  person whom an election official asserts is not eligible, and

25  other persons specified in the code shall be entitled to vote

26  a provisional ballot. Once voted, the provisional ballot shall

27  be placed in a secrecy envelope and thereafter sealed in a

28  provisional ballot envelope. The provisional ballot shall be

29  deposited in a ballot box. All provisional ballots shall

30  remain sealed in their envelopes for return to the supervisor

31  of elections. The department shall prescribe the form of the

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 1  provisional ballot envelope. A person casting a provisional

 2  ballot shall have the right to present written evidence

 3  supporting his or her eligibility to vote to the supervisor of

 4  elections by not later than 5 p.m. on the second third day

 5  following the election.

 6         Section 27.  Subsection (1) of section 101.573, Florida

 7  Statutes, is amended to read:

 8         101.573  Record of votes by precinct.--

 9         (1)  Within 35 75 days after the date of a municipal

10  election or runoff, whichever occurs later, a presidential

11  preference primary, a primary election, a special election, or

12  a general election, the supervisor of elections shall file

13  with the Department of State precinct-level election results,

14  in an electronic format specified by the Department of State,

15  for that election cycle, including any primary elections.

16  Precinct-level election results shall separately record for

17  each precinct all demographic data associated with each

18  precinct at book close for each election, individual vote

19  history, the returns of ballots cast at the precinct location,

20  to which have been added the returns of absentee ballots cast

21  by voters registered in the precinct, and the returns of early

22  ballots cast by voters registered in the precinct. The data

23  are required to be cross referenced by political party and

24  other demographic information as defined by the Department of

25  State. The Department of State shall create a uniform system

26  for the collection and reporting of such precinct-level

27  election results and vote history.

28         Section 28.  Subsections (6) and (8) of section

29  101.6103, Florida Statutes, are amended to read:

30         101.6103  Mail ballot election procedure.--

31  

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 1         (6)  The canvassing board may begin the canvassing of

 2  mail ballots at 7 a.m. on the sixth fourth day before the

 3  election, including processing the ballots through the

 4  tabulating equipment. However, results may not be released

 5  until after 7 p.m. on election day. Any canvassing board

 6  member or election employee who releases any result before 7

 7  p.m. on election day commits a felony of the third degree,

 8  punishable as provided in s. 775.082, s. 775.083, or s.

 9  775.084.

10         (8)  Effective July 1, 2005, A ballot that otherwise

11  satisfies the requirements of subsection (5) shall be counted

12  even if the elector dies after mailing the ballot but before

13  election day, as long as, prior to the death of the voter, the

14  ballot was:

15         (a)  Postmarked by the United States Postal Service;

16         (b)  Date-stamped with a verifiable tracking number by

17  common carrier; or

18         (c)  Already in the possession of the supervisor of

19  elections.

20         Section 29.  Effective July 1, 2007, subsections (1)

21  and (4) of section 101.62, Florida Statutes, are amended to

22  read:

23         101.62  Request for absentee ballots.--

24         (1)(a)  The supervisor may accept a request for an

25  absentee ballot from an elector in person or in writing.

26  Except as provided in s. 101.694, one request shall be deemed

27  sufficient to receive an absentee ballot for all elections

28  through the next two regularly scheduled general elections

29  which are held within a calendar year, unless the elector or

30  the elector's designee indicates at the time the request is

31  made the elections for which the elector desires to receive an

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 1  absentee ballot. Such request may be considered canceled when

 2  any first-class mail sent by the supervisor to the elector is

 3  returned as undeliverable.

 4         (b)  The supervisor may accept a written or telephonic

 5  request for an absentee ballot from the elector, or, if

 6  directly instructed by the elector, a member of the elector's

 7  immediate family, or the elector's legal guardian. For

 8  purposes of this section, the term "immediate family" has the

 9  same meaning as specified in paragraph (4)(b). The person

10  making the request must disclose:

11         1.  The name of the elector for whom the ballot is

12  requested;

13         2.  The elector's address;

14         3.  The elector's date of birth;

15         4.  The requester's name;

16         5.  The requester's address;

17         6.  The requester's driver's license number, if

18  available;

19         7.  The requester's relationship to the elector; and

20         8.  The requester's signature (written requests only).

21         (4)(a)  To each absent qualified elector overseas who

22  has requested an absentee ballot, the supervisor of elections

23  shall mail an absentee ballot not less fewer than 35 days

24  before the primary election and not less than 45 days before

25  the or general election.

26         (b)  The supervisor shall provide an absentee ballot to

27  each elector by whom a request for that ballot has been made

28  by one of the following means:

29         1.  By nonforwardable, return-if-undeliverable mail to

30  the elector's current mailing address on file with the

31  supervisor, unless the elector specifies in the request that:

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 1         a.  The elector is absent from the county and does not

 2  plan to return before the day of the election;

 3         b.  The elector is temporarily unable to occupy the

 4  residence because of hurricane, tornado, flood, fire, or other

 5  emergency or natural disaster; or

 6         c.  The elector is in a hospital, assisted-living

 7  facility, nursing home, short-term medical or rehabilitation

 8  facility, or correctional facility,

 9  

10  in which case the supervisor shall mail the ballot by

11  nonforwardable, return-if-undeliverable mail to any other

12  address the elector specifies in the request.

13         2.  By forwardable mail to voters who are entitled to

14  vote by absentee ballot under the Uniformed and Overseas

15  Citizens Absentee Voting Act.

16         3.  By personal delivery before 7 p.m. on election day

17  to the elector, upon presentation of the identification

18  required in s. 101.043 s. 101.657.

19         4.  By delivery to a designee on election day or up to

20  5 4 days prior to the day of an election. Any elector may

21  designate in writing a person to pick up the ballot for the

22  elector; however, the person designated may not pick up more

23  than two absentee ballots per election, other than the

24  designee's own ballot, except that additional ballots may be

25  picked up for members of the designee's immediate family. For

26  purposes of this section, "immediate family" means the

27  designee's spouse or the parent, child, grandparent, or

28  sibling of the designee or of the designee's spouse. The

29  designee shall provide to the supervisor the written

30  authorization by the elector and a picture identification of

31  the designee and must complete an affidavit. The designee

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 1  shall state in the affidavit that the designee is authorized

 2  by the elector to pick up that ballot and shall indicate if

 3  the elector is a member of the designee's immediate family

 4  and, if so, the relationship. The department shall prescribe

 5  the form of the affidavit. If the supervisor is satisfied that

 6  the designee is authorized to pick up the ballot and that the

 7  signature of the elector on the written authorization matches

 8  the signature of the elector on file, the supervisor shall

 9  give the ballot to that designee for delivery to the elector.

10         Section 30.  Subsection (2) of section 101.68, Florida

11  Statutes, is amended to read:

12         101.68  Canvassing of absentee ballot.--

13         (2)(a)  The county canvassing board may begin the

14  canvassing of absentee ballots at 7 a.m. on the sixth fourth

15  day before the election, but not later than noon on the day

16  following the election. In addition, for any county using

17  electronic tabulating equipment, the processing of absentee

18  ballots through such tabulating equipment may begin at 7 a.m.

19  on the sixth fourth day before the election. However,

20  notwithstanding any such authorization to begin canvassing or

21  otherwise processing absentee ballots early, no result shall

22  be released until after the closing of the polls in that

23  county on election day. Any supervisor of elections, deputy

24  supervisor of elections, canvassing board member, election

25  board member, or election employee who releases the results of

26  a canvassing or processing of absentee ballots prior to the

27  closing of the polls in that county on election day commits a

28  felony of the third degree, punishable as provided in s.

29  775.082, s. 775.083, or s. 775.084.

30         (b)  To ensure that all absentee ballots to be counted

31  by the canvassing board are accounted for, the canvassing

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 1  board shall compare the number of ballots in its possession

 2  with the number of requests for ballots received to be counted

 3  according to the supervisor's file or list.

 4         (c)1.  The canvassing board shall, if the supervisor

 5  has not already done so, compare the signature of the elector

 6  on the voter's certificate with the signature of the elector

 7  in the registration books to see that the elector is duly

 8  registered in the county and to determine the legality of that

 9  absentee ballot. Effective July 1, 2005, The ballot of an

10  elector who casts an absentee ballot shall be counted even if

11  the elector dies on or before election day, as long as, prior

12  to the death of the voter, the ballot was postmarked by the

13  United States Postal Service, date-stamped with a verifiable

14  tracking number by common carrier, or already in the

15  possession of the supervisor of elections. An absentee ballot

16  shall be considered illegal if it does not include the

17  signature of the elector, as shown by the registration

18  records. However, an absentee ballot shall not be considered

19  illegal if the signature of the elector does not cross the

20  seal of the mailing envelope. If the canvassing board

21  determines that any ballot is illegal, a member of the board

22  shall, without opening the envelope, mark across the face of

23  the envelope: "rejected as illegal." The envelope and the

24  ballot contained therein shall be preserved in the manner that

25  official ballots voted are preserved.

26         2.  If any elector or candidate present believes that

27  an absentee ballot is illegal due to a defect apparent on the

28  voter's certificate, he or she may, at any time before the

29  ballot is removed from the envelope, file with the canvassing

30  board a protest against the canvass of that ballot, specifying

31  the precinct, the ballot, and the reason he or she believes

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 1  the ballot to be illegal. A challenge based upon a defect in

 2  the voter's certificate may not be accepted after the ballot

 3  has been removed from the mailing envelope.

 4         (d)  The canvassing board shall record the ballot upon

 5  the proper record, unless the ballot has been previously

 6  recorded by the supervisor. The mailing envelopes shall be

 7  opened and the secrecy envelopes shall be mixed so as to make

 8  it impossible to determine which secrecy envelope came out of

 9  which signed mailing envelope; however, in any county in which

10  an electronic or electromechanical voting system is used, the

11  ballots may be sorted by ballot styles and the mailing

12  envelopes may be opened and the secrecy envelopes mixed

13  separately for each ballot style. The votes on absentee

14  ballots shall be included in the total vote of the county.

15         Section 31.  Subsection (2) of section 102.112, Florida

16  Statutes, is amended to read:

17         102.112  Deadline for submission of county returns to

18  the Department of State.--

19         (2)  Returns must be filed by 5 p.m. on the 7th day

20  following a primary election and by noon 5 p.m. on the 12th

21  11th day following the general election. However, the

22  Department of State may correct typographical errors,

23  including the transposition of numbers, in any returns

24  submitted to the Department of State pursuant to s.

25  102.111(1).

26         Section 32.  Present subsections (4) through (9) of

27  section 102.141, Florida Statutes, are renumbered as

28  subsections (5) through (10), respectively, present

29  subsections (4) and (6) of that section are amended, and a new

30  subsection (4) is added to that section, to read:

31         102.141  County canvassing board; duties.--

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 1         (4)  The canvassing board shall submit by 11:59 p.m. on

 2  election night the preliminary returns it has received to the

 3  Department of State in a format provided by the department.

 4         (5)(4)  The canvassing board shall submit on forms or

 5  in formats provided by the division unofficial returns to the

 6  Department of State for each federal, statewide, state, or

 7  multicounty office or ballot measure no later than noon on the

 8  third day after any primary election and no later than noon on

 9  the fourth fifth day after any general or other election. Such

10  returns shall include the canvass of all ballots as required

11  by subsection (2), except for provisional ballots, which

12  returns shall be reported at the time required for official

13  returns pursuant to s. 102.112(2).

14         (7)(6)  If the unofficial returns reflect that a

15  candidate for any office was defeated or eliminated by

16  one-half of a percent or less of the votes cast for such

17  office, that a candidate for retention to a judicial office

18  was retained or not retained by one-half of a percent or less

19  of the votes cast on the question of retention, or that a

20  measure appearing on the ballot was approved or rejected by

21  one-half of a percent or less of the votes cast on such

22  measure, the board responsible for certifying the results of

23  the vote on such race or measure shall order a recount of the

24  votes cast with respect to such office or measure. The

25  Elections Canvassing Commission is the board responsible for

26  ordering federal, state, and multicounty recounts. A recount

27  need not be ordered with respect to the returns for any

28  office, however, if the candidate or candidates defeated or

29  eliminated from contention for such office by one-half of a

30  percent or less of the votes cast for such office request in

31  writing that a recount not be made.

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 1         (a)  Each canvassing board responsible for conducting a

 2  recount shall put each marksense ballot through automatic

 3  tabulating equipment and determine whether the returns

 4  correctly reflect the votes cast. If any marksense ballot is

 5  physically damaged so that it cannot be properly counted by

 6  the automatic tabulating equipment during the recount, a true

 7  duplicate shall be made of the damaged ballot pursuant to the

 8  procedures in s. 101.5614(5). Immediately before the start of

 9  the recount, a test of the tabulating equipment shall be

10  conducted as provided in s. 101.5612. If the test indicates no

11  error, the recount tabulation of the ballots cast shall be

12  presumed correct and such votes shall be canvassed

13  accordingly. If an error is detected, the cause therefor shall

14  be ascertained and corrected and the recount repeated, as

15  necessary. The canvassing board shall immediately report the

16  error, along with the cause of the error and the corrective

17  measures being taken, to the Department of State. No later

18  than 11 days after the election, the canvassing board shall

19  file a separate incident report with the Department of State,

20  detailing the resolution of the matter and identifying any

21  measures that will avoid a future recurrence of the error.

22         (b)  Each canvassing board responsible for conducting a

23  recount where touchscreen ballots were used shall examine the

24  counters on the precinct tabulators to ensure that the total

25  of the returns on the precinct tabulators equals the overall

26  election return. If there is a discrepancy between the overall

27  election return and the counters of the precinct tabulators,

28  the counters of the precinct tabulators shall be presumed

29  correct and such votes shall be canvassed accordingly.

30         (c)  The canvassing board shall submit on forms or in

31  formats provided by the division a second set of unofficial

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 1  returns to the Department of State for each federal,

 2  statewide, state, or multicounty office or ballot measure no

 3  later than 3 p.m. on the fifth day after any primary election

 4  and no later than 3 p.m. on the ninth eighth day after any

 5  general election in which a recount was conducted pursuant to

 6  this subsection. If the canvassing board is unable to complete

 7  the recount prescribed in this subsection by the deadline, the

 8  second set of unofficial returns submitted by the canvassing

 9  board shall be identical to the initial unofficial returns and

10  the submission shall also include a detailed explanation of

11  why it was unable to timely complete the recount. However, the

12  canvassing board shall complete the recount prescribed in this

13  subsection, along with any manual recount prescribed in s.

14  102.166, and certify election returns in accordance with the

15  requirements of this chapter.

16         (d)  The Department of State shall adopt detailed rules

17  prescribing additional recount procedures for each certified

18  voting system, which shall be uniform to the extent

19  practicable.

20         Section 33.  Paragraph (b) of subsection (5) of section

21  102.166, Florida Statutes, is amended to read:

22         102.166  Manual recounts.--

23         (5)  Procedures for a manual recount are as follows:

24         (b)  Each duplicate ballot prepared pursuant to s.

25  101.5614(5) or s. 102.141(7) s. 102.141(6) shall be compared

26  with the original ballot to ensure the correctness of the

27  duplicate.

28         Section 34.  Subsection (3) is added to section

29  103.081, Florida Statutes, to read:

30         103.081  Use of party name; political advertising.--

31  

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 1         (3)  A political party may file with the Department of

 2  State names of groups or committees associated with the

 3  political party. Such filed names may not be used without

 4  first obtaining the written permission of the chair of the

 5  state executive committee of the party.

 6         Section 35.  Subsections (1) and (4) and paragraph (b)

 7  of subsection (6) of section 103.091, Florida Statutes, are

 8  amended to read:

 9         103.091  Political parties.--

10         (1)  Each political party of the state shall be

11  represented by a state executive committee.  County executive

12  committees and other committees may be established in

13  accordance with the rules of the state executive committee.  A

14  political party may provide for the selection of its national

15  committee and its state and county executive committees in

16  such manner as it deems proper. Unless otherwise provided by

17  party rule, the county executive committee of each political

18  party shall consist of at least two members, a man and a

19  woman, from each precinct, who shall be called the precinct

20  committeeman and committeewoman.  For counties divided into 40

21  or more precincts, the state executive committee may adopt a

22  district unit of representation for such county executive

23  committees.  Upon adoption of a district unit of

24  representation, the state executive committee shall request

25  the supervisor of elections of that county, with approval of

26  the board of county commissioners, to provide for election

27  districts as nearly equal in number of registered voters as

28  possible.  Each county committeeman or committeewoman shall be

29  a resident of the precinct from which he or she is elected.

30  Each state committeeman or committeewoman must be a member in

31  good standing of the county executive committee for the county

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 1  in which the state committeeman or committeewoman is a

 2  registered voter.

 3         (4)  Any political party other than a minor political

 4  party may by rule provide for the membership of its state or

 5  county executive committee to be elected for 4-year terms at

 6  the primary election in each year a presidential election is

 7  held. The terms shall commence on the first day of the month

 8  following each presidential general election; but the names of

 9  candidates for political party offices shall not be placed on

10  the ballot at any other election. The results of such election

11  shall be determined by a plurality of the votes cast. In such

12  event, electors seeking to qualify for such office shall do so

13  with the Department of State or supervisor of elections not

14  earlier than noon of the 71st 57th day, or later than noon of

15  the 67th 53rd day, preceding the primary election. The

16  outgoing chair of each county executive committee shall,

17  within 30 days after the committee members take office, hold

18  an organizational meeting of all newly elected members for the

19  purpose of electing officers. The chair of each state

20  executive committee shall, within 60 days after the committee

21  members take office, hold an organizational meeting of all

22  newly elected members for the purpose of electing officers.

23         (6)

24         (b)  Each state executive committee shall include, as

25  at-large committeemen and committeewomen, all members of the

26  United States Congress representing the State of Florida who

27  are members of the political party, all statewide elected

28  officials who are members of the party, 10 Florida registered

29  voters who are members of the party as appointed by the

30  Governor if the Governor is a member of the party, and the

31  President of the Senate or the Minority Leader in the Senate,

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 1  and the Speaker of the House of Representatives or the

 2  Minority Leader in the House of Representatives, whichever is

 3  a member of the political party, and 20 members of the

 4  Legislature who are members of the political party.  Ten of

 5  the legislators shall be appointed with the concurrence of the

 6  state chair of the respective party, as follows: five to be

 7  appointed by the President of the Senate; five by the Minority

 8  Leader in the Senate; five by the Speaker of the House of

 9  Representatives; and five by the Minority Leader in the House.

10         Section 36.  Section 103.141, Florida Statutes, is

11  amended to read:

12         103.141  Removal of county executive committee member

13  for violation of oath.--

14         (1)  Where the county executive committee by at least a

15  two-thirds majority vote of the members of the committee,

16  attending a meeting held after due notice has been given and

17  at which meeting a quorum is present, determines an incumbent

18  county executive committee member to be guilty of an offense

19  involving a violation of the member's oath of office, said

20  member so violating his or her oath shall be removed from

21  office and the office shall be deemed vacant.  Provided,

22  however, if the county committee wrongfully removes a county

23  committee member and the committee member so wrongfully

24  removed files suit in the circuit court alleging his or her

25  removal was wrongful and wins said suit, the committee member

26  shall be restored to office and the county committee shall pay

27  the costs incurred by the wrongfully removed committee member

28  in bringing the suit, including reasonable attorney's fees.

29         (2)  Any officer, county committeeman, county

30  committeewoman, precinct committeeman, precinct

31  committeewoman, or member of a county executive committee may

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 1  be removed from office pursuant to s. 103.161. Either the

 2  county or state executive committee is empowered to take

 3  judicial action in chancery against a county committee member

 4  for alleged violation of the member's oath of office in the

 5  circuit court of the county in which that committee member is

 6  an elector; provided, however, that the state committee may

 7  take such judicial action only when a county committee refuses

 8  to take such judicial action within 10 days after a charge is

 9  made. Procedure shall be as in other cases in chancery, and if

10  the court shall find as fact that the defendant did violate

11  his or her oath of office, it shall enter a decree removing

12  the defendant from the county committee.  If either such

13  executive committee brings suit in the circuit court for the

14  removal of a county committee member and loses said suit, such

15  committee shall pay the court costs incurred in such suit by

16  the committee member, including reasonable attorney's fees.

17         Section 37.  Section 103.151, Florida Statutes, is

18  repealed.

19         Section 38.  Section 103.161, Florida Statutes, is

20  created to read:

21         103.161  Removal or suspension of officers or members

22  of state executive committee or county executive committee.--

23         (1)  The chairman of the state executive committee is

24  empowered to remove or suspend from an office within the

25  chairman's political party any officer, state committeeman,

26  state committeewoman, county committeeman, county

27  committeewoman, precinct committeeman, precinct

28  committeewoman, or other member of a state executive

29  committee, county executive committee, political party club,

30  or other organization using the political party name as

31  provided in s. 103.081 for a violation of the oath of office

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 1  taken by such individual or for engaging in other activities

 2  described in this section.

 3         (2)  Such violation may include engaging in activities

 4  that have or could have injured the name or status of the

 5  political party or interfered with the activities of the

 6  political party. The chairman has sole discretion to determine

 7  if a violation occurred.

 8         (3)  Upon the chairman's determination that a violation

 9  of the oath of office occurred or that an individual engaged

10  in other activities described in this section, the chairman

11  may remove or suspend the individual from his or her office.

12  If the chairman removes the individual from office, the office

13  shall be deemed vacant upon the delivery of the chairman's

14  written order of removal to the individual. When a vacancy in

15  office is created, the chairman shall appoint an individual to

16  serve through the end of the term of the office. If the

17  chairman suspends the individual, the chairman shall determine

18  the length of the suspension.

19         (4)  An individual removed from office by the chairman

20  shall not be eligible to serve on the state executive

21  committee or any county executive committee of the political

22  party for a period of no less than 4 years from the effective

23  date of the removal.

24         Section 39.  Subsection (1) of section 105.031, Florida

25  Statutes, is amended to read:

26         105.031  Qualification; filing fee; candidate's oath;

27  items required to be filed.--

28         (1)  TIME OF QUALIFYING.--Except for candidates for

29  judicial office, nonpartisan candidates for multicounty office

30  shall qualify with the Division of Elections of the Department

31  of State and nonpartisan candidates for countywide or less

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 1  than countywide office shall qualify with the supervisor of

 2  elections. Candidates for judicial office other than the

 3  office of county court judge shall qualify with the Division

 4  of Elections of the Department of State, and candidates for

 5  the office of county court judge shall qualify with the

 6  supervisor of elections of the county. Candidates for judicial

 7  office shall qualify no earlier than noon of the 120th day,

 8  and no later than noon of the 116th day, before the primary

 9  election. Candidates for the office of school board member

10  shall qualify no earlier than noon of the 71st 50th day, and

11  no later than noon of the 67th 46th day, before the primary

12  election. Filing shall be on forms provided for that purpose

13  by the Division of Elections and furnished by the appropriate

14  qualifying officer. Any person seeking to qualify by the

15  petition process, as set forth in s. 105.035, who has

16  submitted the necessary petitions by the required deadline and

17  is notified after the fifth day prior to the last day for

18  qualifying that the required number of signatures has been

19  obtained, shall be entitled to subscribe to the candidate's

20  oath and file the qualifying papers at any time within 5 days

21  from the date he or she is notified that the necessary number

22  of signatures has been obtained. Any person other than a

23  write-in candidate who qualifies within the time prescribed in

24  this subsection shall be entitled to have his or her name

25  printed on the ballot.

26         Section 40.  Paragraph (c) of subsection (1) of section

27  106.021, Florida Statutes, is amended to read:

28         106.021  Campaign treasurers; deputies; primary and

29  secondary depositories.--

30         (1)

31  

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 1         (c)  Any campaign treasurer or deputy treasurer

 2  appointed pursuant to this section shall be a registered voter

 3  in this state and shall, before such appointment may become

 4  effective, have accepted appointment to such position in

 5  writing and filed such acceptance with the officer before whom

 6  the candidate is required to qualify or with the officer with

 7  whom the political committee is required to file reports.  An

 8  individual may be appointed and serve as campaign treasurer of

 9  a candidate and a political committee or two or more

10  candidates and political committees.  A candidate may appoint

11  herself or himself as campaign treasurer.

12         Section 41.  Subsection (1) of section 106.04, Florida

13  Statutes, is amended to read:

14         106.04  Committees of continuous existence.--

15         (1)  In order to qualify as a committee of continuous

16  existence for the purposes of this chapter, a group,

17  organization, association, or other such entity which is

18  involved in making contributions to candidates, political

19  committees, or political parties, shall meet the following

20  criteria:

21         (a)  It shall be organized and operated in accordance

22  with a written charter or set of bylaws which contains

23  procedures for the election of officers and directors and

24  which clearly defines membership in the organization; and

25         (b)  At least 25 percent of the income of such

26  organization, excluding interest, must be derived from dues or

27  assessments payable on a regular basis by its membership

28  pursuant to provisions contained in the charter or bylaws.

29  Dues may be collected by a group, organization, association,

30  or other such entity from its members and forwarded to the

31  committee of continuous existence. The committee of continuous

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 1  existence shall report such dues as if it had received the

 2  dues directly from its members, in the manner prescribed in

 3  subsection (4).

 4         Section 42.  Section 106.055, Florida Statutes, is

 5  amended to read:

 6         106.055  Valuation of in-kind contributions.--Any

 7  person who makes an in-kind contribution shall, at the time of

 8  making such contribution, place a value on such contribution,

 9  which valuation shall be the fair market value of such

10  contribution. Travel conveyed upon private aircraft shall be

11  valued at the actual cost of per person commercial air travel

12  for the same or a substantially similar route.

13         Section 43.  Subsection (10) is added to section

14  106.08, Florida Statutes, to read:

15         106.08  Contributions; limitations on.--

16         (10)  Contributions to a political committee or

17  committee of continuous existence may be received by an

18  affiliated organization and transferred to the bank account of

19  the political committee or committee of continuous existence

20  via check written from the affiliated organization if such

21  contributions are specifically identified as intended to be

22  contributed to the political committee or committee of

23  continuous existence. All contributions received in this

24  manner shall be reported pursuant to s. 106.07 by the

25  political committee or committee of continuous existence as

26  having been made by the original contributor.

27         Section 44.  Section 106.09, Florida Statutes, is

28  amended to read:

29         106.09  Cash contributions and contribution by

30  cashier's checks.--

31  

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 1         (1)  A person may not make or accept a cash

 2  contribution or contribution by means of a cashier's check in

 3  excess of $50 $100.

 4         (2)(a)  Any person who makes or accepts a contribution

 5  in excess of $50 $100 in violation of this section commits a

 6  misdemeanor of the first degree, punishable as provided in s.

 7  775.082 or s. 775.083.

 8         (b)  Any person who knowingly and willfully makes or

 9  accepts a contribution in excess of $5,000 in violation of

10  this section commits a felony of the third degree, punishable

11  as provided in s. 775.082, s. 775.083, or s. 775.084.

12         Section 45.  Subsection (1) of section 106.143, Florida

13  Statutes, is amended to read:

14         106.143  Political advertisements circulated prior to

15  election; requirements.--

16         (1)(a)  Any political advertisement that is paid for by

17  a candidate and that is published, displayed, or circulated

18  prior to, or on the day of, any election must prominently

19  state: "Political advertisement paid for and approved by

20  ...(name of candidate)..., ...(party affiliation)..., for

21  ...(office sought)...."

22         (b)  Any other political advertisement published,

23  displayed, or circulated prior to, or on the day of, any

24  election must prominently:

25         1.  Be marked "paid political advertisement" or with

26  the abbreviation "pd. pol. adv."

27         2.  State the name and address of the persons

28  sponsoring the advertisement.

29         3.a.(I)  State whether the advertisement and the cost

30  of production is paid for or provided in kind by or at the

31  

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 1  expense of the entity publishing, displaying, broadcasting, or

 2  circulating the political advertisement; or

 3         (II)  State who provided or paid for the advertisement

 4  and cost of production, if different from the source of

 5  sponsorship.

 6         b.  This subparagraph does not apply if the source of

 7  the sponsorship is patently clear from the content or format

 8  of the political advertisement.

 9         (c)  Any political advertisement made pursuant to s.

10  106.021(3)(d) must be marked "paid political advertisement" or

11  with the abbreviation "pd. pol. adv." and must prominently

12  state, "Paid for and sponsored by ...(name of person paying

13  for political advertisement). Approved by...(names of persons,

14  party affiliation, and offices sought in the political

15  advertisement)."...

16  

17  This subsection does not apply to campaign messages used by a

18  candidate and the candidate's supporters if those messages are

19  designed to be worn by a person.

20         Section 46.  Section 106.17, Florida Statutes, is

21  amended to read:

22         106.17  Polls and surveys relating to candidacies.--Any

23  candidate, political committee, committee of continuous

24  existence, electioneering communication organization, or state

25  or county executive committee of a political party may

26  authorize or conduct a political poll, survey, index, or

27  measurement of any kind relating to candidacy for public

28  office so long as the candidate, political committee,

29  committee of continuous existence, electioneering

30  communication organization, or political party maintains

31  complete jurisdiction over the poll in all its aspects.

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 1         Section 47.  Section 106.25, Florida Statutes, is

 2  amended to read:

 3         106.25  Reports of alleged violations to Florida

 4  Elections Commission; disposition of findings.--

 5         (1)  Jurisdiction to investigate and determine

 6  violations of this chapter and chapter 104 is vested in the

 7  Florida Elections Commission; however, nothing in this section

 8  limits the jurisdiction of any other officers or agencies of

 9  government empowered by law to investigate, act upon, or

10  dispose of alleged violations of this code.

11         (2)  The commission shall investigate all violations of

12  this chapter and chapter 104, but only after having received

13  either a sworn complaint or information reported to it under

14  this subsection by the Division of Elections. Such sworn

15  complaint must be based upon personal information or

16  information other than hearsay. Any person, other than the

17  division, having information of any violation of this chapter

18  or chapter 104 shall file a sworn complaint with the

19  commission. The commission shall investigate only those

20  alleged violations specifically contained within the sworn

21  complaint. If any complainant fails to allege all violations

22  that arise from the facts or allegations alleged in a

23  complaint, the commission shall be barred from investigating a

24  subsequent complaint from such complainant that is based upon

25  such facts or allegations that were raised or could have been

26  raised in the first complaint. If the complaint includes

27  allegations of violations relating to expense items reimbursed

28  by a candidate, committee, or organization to the campaign

29  account before a sworn complaint is filed, the commission

30  shall be barred from investigating such allegations. Such

31  sworn complaint shall state whether a complaint of the same

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 1  violation has been made to any state attorney. Within 5 days

 2  after receipt of a sworn complaint, the commission shall

 3  transmit a copy of the complaint to the alleged violator. If

 4  the executive director finds that the complaint is legally

 5  sufficient, the respondent shall be notified of such finding

 6  by letter, which sets forth the statutory provisions alleged

 7  to have been violated and the alleged factual basis that

 8  supports the finding. All sworn complaints alleging violations

 9  of the Florida Election Code over which the commission has

10  jurisdiction shall be filed with the commission within 2 years

11  after the alleged violations. The period of limitations is

12  tolled on the day a sworn complaint is filed with the

13  commission. The complainant may withdraw the sworn complaint

14  at any time prior to a probable cause hearing if good cause is

15  shown. Withdrawal shall be requested in writing, signed by the

16  complainant, and witnessed by a notary public, stating the

17  facts and circumstances constituting good cause. The executive

18  director shall prepare a written recommendation regarding

19  disposition of the request which shall be given to the

20  commission together with the request. "Good cause" shall be

21  determined based upon the legal sufficiency or insufficiency

22  of the complaint to allege a violation and the reasons given

23  by the complainant for wishing to withdraw the complaint. If

24  withdrawal is permitted, the commission must close the

25  investigation and the case. No further action may be taken.

26  The complaint will become a public record at the time of

27  withdrawal.

28         (3)  For the purposes of commission jurisdiction, a

29  violation shall mean the willful performance of an act

30  prohibited by this chapter or chapter 104 or the willful

31  failure to perform an act required by this chapter or chapter

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 1  104. Willfulness is a determination of fact; however, at the

 2  request of the respondent, willfulness may be considered and

 3  determined in an informal hearing before the commission.

 4         (4)  The commission shall undertake a preliminary

 5  investigation to determine if the facts alleged in a sworn

 6  complaint or a matter initiated by the division constitute

 7  probable cause to believe that a violation has occurred. The

 8  respondent, the complainant, and their respective counsel

 9  shall be permitted to attend the hearing at which the probable

10  cause determination is made. Notice of the hearing shall be

11  sent to the respondent and the complainant at least 14 days

12  prior to the date of the hearing. The respondent and his or

13  her counsel shall be permitted to make a brief oral statement

14  in the nature of oral argument to the commission before the

15  probable cause determination. The commission's determination

16  shall be based upon the investigator's report, the complaint,

17  and staff recommendations, as well as any written statements

18  submitted by the respondent and any oral statements made at

19  the hearing. No testimony or other evidence shall be accepted

20  at the hearing. Upon completion of the preliminary

21  investigation, the commission shall, by written report, find

22  probable cause or no probable cause to believe that this

23  chapter or chapter 104 has been violated.

24         (a)  When the investigator's report is completed, the

25  executive director shall notify the respondent that the report

26  is completed and shall send to the respondent a copy of the

27  investigator's report. The investigatory file and main

28  complaint file shall be open for inspection by the respondent

29  and the respondent's counsel at that time, and copies may be

30  obtained at no more than cost.

31  

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 1         (b)  The respondent shall be given not less than 14

 2  days from the date of mailing of the investigator's report to

 3  file with the commission a written response to the

 4  investigator's report. This time period may be shortened with

 5  the consent of the respondent, or without the consent of the

 6  respondent when the passage of time could reasonably be

 7  expected to render moot the ultimate disposition of the matter

 8  by the commission so long as reasonable notice under the

 9  circumstances is given.

10         (c)  Counsel for the commission shall review the

11  investigator's report and shall make a written recommendation

12  to the commission for the disposition of the complaint. If the

13  counsel for the commission recommends that the commission find

14  probable cause, the recommendation shall include a statement

15  of what charges shall be at issue. A copy of the

16  recommendation shall be furnished to the respondent. The

17  respondent shall be given not less than 14 days from the date

18  of mailing of the recommendation of counsel for the commission

19  to file with the commission a written response to the

20  recommendation. This time period may be shortened with the

21  consent of the respondent, or without the consent of the

22  respondent when the passage of time could reasonably be

23  expected to render moot the ultimate disposition of the matter

24  by the commission, so long as the recommendation is furnished

25  to the respondent within a reasonable period of time under the

26  circumstances.

27         (d)  The respondent and each complainant, their

28  counsel, and the counsel for the commission shall be permitted

29  to attend the hearing at which the probable cause

30  determination is made. Notice of the hearing shall be sent to

31  the respondent, each complainant, and counsel for the

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 1  commission at least 14 days before the hearing. This time

 2  period may be shortened with the consent of the respondent, or

 3  without the consent of the respondent when the passage of time

 4  could reasonably be expected to render moot the ultimate

 5  disposition of the matter by the commission, so long as the

 6  notice is furnished within a reasonable period of time under

 7  the circumstances.

 8         (e)  The probable cause determination is the conclusion

 9  of the preliminary investigation. The respondent and the

10  counsel for the commission shall be permitted to make brief

11  oral statements in the nature of oral argument to the

12  commission, based on the investigator's report, before the

13  probable cause determination. The commission's determination

14  shall be based upon the investigator's report, the

15  recommendation of counsel for the commission, the complaint,

16  and staff recommendations, as well as any written statements

17  submitted by the respondent and any oral statements made at

18  the hearing. No testimony or other evidence will be accepted

19  at the hearing.

20         (f)  At its meeting to determine probable cause, the

21  commission may continue its determination to allow further

22  investigation; may order the issuance of a public report of

23  its investigation if it finds no probable cause to believe

24  that there has been a violation of this chapter or chapter

25  104, concluding the matter before it; may order a final,

26  public hearing of the complaint if it finds probable cause to

27  believe that there has been a violation of this chapter or

28  chapter 104; or may take such other action as it deems

29  necessary to resolve the complaint, consistent with due

30  process of law. In making its determination, the commission

31  may consider:

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 1         1.  The sufficiency of the evidence against the

 2  respondent, as contained in the investigator's report;

 3         2.  The admissions and other stipulations of the

 4  respondent, if any;

 5         3.  The nature and circumstances of the respondent's

 6  actions;

 7         4.  The expense of further proceedings; and

 8         5.  Such other factors as it deems material to its

 9  decision.

10  

11  If the commission finds probable cause, the commission shall

12  determine what charges shall be at issue.

13         (g)(a)  If no probable cause is found, the commission

14  shall dismiss the case and the case shall become a matter of

15  public record, except as otherwise provided in this section,

16  together with a written statement of the findings of the

17  preliminary investigation and a summary of the facts which the

18  commission shall send to the complainant and the alleged

19  violator. A finding of no probable cause by the commission is

20  a full adjudication of all such matters. The commission may

21  not charge a respondent in a subsequent complaint alleging

22  violations based upon the same actions, nonactions, or

23  circumstances wherein the commission found no probable cause.

24         (h)(b)  If probable cause is found, the commission

25  shall so notify the complainant and the alleged violator in

26  writing. All documents made or received in the disposition of

27  the complaint shall become public records upon a finding by

28  the commission.

29         (i)1.  Upon a commission finding of probable cause, the

30  counsel for the commission shall attempt to reach a consent

31  agreement with the respondent.

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 1         2.  A consent agreement is not binding upon either

 2  party unless and until it is signed by the respondent and by

 3  counsel for the commission upon approval by the commission.

 4         3.  Nothing herein shall be construed to prevent the

 5  commission from entering into a consent agreement with a

 6  respondent prior to a commission finding of probable cause if

 7  a respondent indicates in writing a desire to enter into

 8  negotiations directed towards reaching such a consent

 9  agreement. Any consent agreement reached under this

10  subparagraph is subject to the provisions of subparagraph 2.

11  and shall have the same force and effect as a consent

12  agreement reached after the commission finding of probable

13  cause.

14         (j)  If a consent agreement is reached between the

15  commission and the respondent, counsel for the commission

16  shall send a copy of the signed agreement to both complainant

17  and respondent.

18  

19  In a case where probable cause is found, the commission shall

20  make a preliminary determination to consider the matter or to

21  refer the matter to the state attorney for the judicial

22  circuit in which the alleged violation occurred.

23  Notwithstanding any other provisions of this section, the

24  commission may, at its discretion, dismiss any complaint at

25  any stage of disposition if it determines that the public

26  interest would not be served by proceeding further, in which

27  case the commission shall issue a public report stating with

28  particularity its reasons for the dismissal.

29         (5)  Unless When there are disputed issues of material

30  fact in a proceeding conducted under ss. 120.569 and 120.57, a

31  person alleged by the Elections Commission to have committed a

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 1  violation of this chapter or chapter 104 elects may elect,

 2  within 30 days after the date of the filing of the

 3  commission's allegations, to have a formal or informal hearing

 4  conducted before the commission, or elects to resolve the

 5  complaint by consent order, such person shall be entitled to a

 6  formal administrative hearing conducted by an administrative

 7  law judge in the Division of Administrative Hearings. The

 8  administrative law judge in such proceedings shall enter a

 9  final order subject to appeal as provided in s. 120.68.

10         (6)  It is the duty of a state attorney receiving a

11  complaint referred by the commission to investigate the

12  complaint promptly and thoroughly; to undertake such criminal

13  or civil actions as are justified by law; and to report to the

14  commission the results of such investigation, the action

15  taken, and the disposition thereof.  The failure or refusal of

16  a state attorney to prosecute or to initiate action upon a

17  complaint or a referral by the commission shall not bar

18  further action by the commission under this chapter.

19         (7)  Every sworn complaint filed pursuant to this

20  chapter with the commission, every investigation and

21  investigative report or other paper of the commission with

22  respect to a violation of this chapter or chapter 104, and

23  every proceeding of the commission with respect to a violation

24  of this chapter or chapter 104 is confidential, is exempt from

25  the provisions of ss. 119.07(1) and 286.011, and is exempt

26  from publication in the Florida Administrative Weekly of any

27  notice or agenda with respect to any proceeding relating to

28  such violation, except under the following circumstances:

29         (a)  As provided in subsection (6);

30         (b)  Upon a determination of probable cause or no

31  probable cause by the commission; or

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 1         (c)  For proceedings conducted with respect to appeals

 2  of fines levied by filing officers for the late filing of

 3  reports required by this chapter.

 4  

 5  However, a complainant is not bound by the confidentiality

 6  provisions of this section.  In addition, confidentiality may

 7  be waived in writing by the person against whom the complaint

 8  has been filed or the investigation has been initiated.  If a

 9  finding of probable cause in a case is entered within 30 days

10  prior to the date of the election with respect to which the

11  alleged violation occurred, such finding and the proceedings

12  and records relating to such case shall not become public

13  until noon of the day following such election.  When two or

14  more persons are being investigated by the commission with

15  respect to an alleged violation of this chapter or chapter

16  104, the commission may not publicly enter a finding of

17  probable cause or no probable cause in the case until a

18  finding of probable cause or no probable cause for the entire

19  case has been determined. However, once the confidentiality of

20  any case has been breached, the person or persons under

21  investigation have the right to waive the confidentiality of

22  the case, thereby opening up the proceedings and records to

23  the public.  Any person who discloses any information or

24  matter made confidential by the provisions of this subsection

25  commits a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         (8)  Any person who files a complaint pursuant to this

28  section while knowing that the allegations contained in such

29  complaint are false or without merit commits a misdemeanor of

30  the first degree, punishable as provided in s. 775.082 or s.

31  775.083.

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 1         (9)  The commission shall maintain a database of all

 2  final orders and agency actions. Such database shall be

 3  available to the public and shall be maintained in such a

 4  manner as to be searchable, at a minimum, by issue, statutes,

 5  individuals, or entities referenced.

 6         Section 48.  Subsection (4) of section 106.35, Florida

 7  Statutes, is amended to read:

 8         106.35  Distribution of funds.--

 9         (4)  Distribution of funds shall be made beginning on

10  the 32nd day prior to the primary within 7 days after the

11  close of qualifying and every 7 days thereafter.

12         Section 49.  Section 112.51, Florida Statutes, is

13  amended to read:

14         112.51  Municipal officers; suspension; removal from

15  office.--

16         (1)  By executive order stating the grounds for the

17  suspension and filed with the Secretary of State, the Governor

18  may suspend from office any elected or appointed municipal

19  official for malfeasance, misfeasance, neglect of duty,

20  habitual drunkenness, incompetence, or permanent inability to

21  perform official duties.

22         (2)  Whenever any elected or appointed municipal

23  official is arrested for a felony or for a misdemeanor related

24  to the duties of office or is indicted or informed against for

25  the commission of a federal felony or misdemeanor or state

26  felony or misdemeanor, the Governor has the power to suspend

27  such municipal official from office.

28         (3)  The suspension of such official by the Governor

29  creates a temporary vacancy in such office during the

30  suspension. Any temporary vacancy in office created by

31  suspension of an official under the provisions of this section

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 1  shall be filled by a temporary appointment to such office for

 2  the period of the suspension.  Such temporary appointment

 3  shall be made in the same manner and by the same authority by

 4  which a permanent vacancy in such office is filled as provided

 5  by law.  If no provision for filling a permanent vacancy in

 6  such office is provided by law, the temporary appointment

 7  shall be made by the Governor.

 8         (4)  No municipal official who has been suspended from

 9  office under this section may perform any official act, duty,

10  or function during his or her suspension; receive any pay or

11  allowance during his or her suspension; or be entitled to any

12  of the emoluments or privileges of his or her office during

13  suspension.

14         (5)  If the municipal official is convicted of any of

15  the charges contained in the indictment or information by

16  reason of which he or she was suspended under the provisions

17  of this section, the Governor shall remove such municipal

18  official from office. If a person was selected to fill the

19  temporary vacancy pursuant to subsection (3), that person

20  shall serve the remaining balance, if any, of the removed

21  official's term of office. Otherwise, any vacancy created by

22  the removal shall be filled as provided by law. For the

23  purposes of this section, any person who pleads guilty or nolo

24  contendere or who is found guilty shall be deemed to have been

25  convicted, notwithstanding a suspension of sentence or a

26  withholding of adjudication.

27         (6)  If the municipal official is acquitted or found

28  not guilty or is otherwise cleared of the charges which were

29  the basis of the arrest, indictment, or information by reason

30  of which he or she was suspended under the provisions of this

31  section, then the Governor shall forthwith revoke the

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 1  suspension and restore such municipal official to office; and

 2  the official shall be entitled to and be paid full back pay

 3  and such other emoluments or allowances to which he or she

 4  would have been entitled for the full period of time of the

 5  suspension.  If, during the suspension, the term of office of

 6  the municipal official expires and a successor is either

 7  appointed or elected, such back pay, emoluments, or allowances

 8  shall only be paid for the duration of the term of office

 9  during which the municipal official was suspended under the

10  provisions of this section, and he or she shall not be

11  reinstated.

12         Section 50.  Section 106.37, Florida Statutes, is

13  repealed.

14         Section 51.  Subsections (2) and (3) of section

15  189.405, Florida Statutes, are amended to read:

16         189.405  Elections; general requirements and

17  procedures; education programs.--

18         (2)(a)  Any independent special district located

19  entirely in a single county may provide for the conduct of

20  district elections by the supervisor of elections for that

21  county.  Any independent special district that conducts its

22  elections through the office of the supervisor shall make

23  election procedures consistent with the Florida Election Code.

24         (b)  Any independent special district not conducting

25  district elections through the supervisor of elections shall

26  report to the supervisor in a timely manner the purpose, date,

27  authorization, procedures, and results of each election

28  conducted by the district.

29         (c)  A candidate for a position on a governing board of

30  a single-county special district that has its elections

31  conducted by the supervisor of elections shall qualify for the

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 1  office with the county supervisor of elections in whose

 2  jurisdiction the district is located. Elections for governing

 3  board members elected by registered electors shall be

 4  nonpartisan, except when partisan elections are specified by a

 5  district's charter. Candidates shall qualify as directed by

 6  chapter 99. by paying a filing fee equal to 3 percent of the

 7  salary or honorarium paid for the office, or a filing fee of

 8  $25, whichever is more. Alternatively, candidates may qualify

 9  by submitting a petition that contains the signatures of at

10  least 3 percent of the district's registered electors, or any

11  lesser amount of signatures directed by chapter 99, chapter

12  582, or other general or special law.  No election or party

13  assessment shall be levied if the election is nonpartisan. The

14  qualifying fee shall be remitted to the general revenue fund

15  of the qualifying officer to help defray the cost of the

16  election. The petition form shall be submitted and checked in

17  the same manner as those for nonpartisan judicial candidates

18  pursuant to s. 105.035.

19         (3)(a)  If a multicounty special district has a

20  popularly elected governing board, elections for the purpose

21  of electing members to such board shall conform to the Florida

22  Election Code, chapters 97-106.

23         (b)  With the exception of those districts conducting

24  elections on a one-acre/one-vote basis, qualifying for

25  multicounty special district governing board positions shall

26  be coordinated by the Department of State.  Elections for

27  governing board members elected by registered electors shall

28  be nonpartisan, except when partisan elections are specified

29  by a district's charter. Candidates shall qualify as directed

30  by chapter 99. by paying a filing fee equal to 3 percent of

31  the salary or honorarium paid for the office, or a filing fee

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 1  of $25, whichever is more. Alternatively, candidates may

 2  qualify by submitting a petition that contains the signatures

 3  of at least 3 percent of the district's registered electors,

 4  or any lesser amount of signatures directed by chapter 99,

 5  chapter 582, or other general or special law.  No election or

 6  party assessment shall be levied if the election is

 7  nonpartisan. The qualifying fee shall be remitted to the

 8  Department of State. The petition form shall be submitted and

 9  checked in the same manner as those for nonpartisan judicial

10  candidates pursuant to s. 105.035.

11         Section 52.  Paragraph (a) of subsection (1) of section

12  191.005, Florida Statutes, is amended to read:

13         191.005  District boards of commissioners; membership,

14  officers, meetings.--

15         (1)(a)  With the exception of districts whose governing

16  boards are appointed collectively by the Governor, the county

17  commission, and any cooperating city within the county, the

18  business affairs of each district shall be conducted and

19  administered by a five-member board. All three-member boards

20  existing on the effective date of this act shall be converted

21  to five-member boards, except those permitted to continue as a

22  three-member board by special act adopted in 1997 or

23  thereafter. The board shall be elected in nonpartisan

24  elections by the electors of the district.  Except as provided

25  in this act, such elections shall be held at the time and in

26  the manner prescribed by law for holding general elections in

27  accordance with s. 189.405(2)(a) and (3), and each member

28  shall be elected for a term of 4 years and serve until the

29  member's successor assumes office. Candidates for the board of

30  a district shall qualify as directed by chapter 99. with the

31  county supervisor of elections in whose jurisdiction the

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 1  district is located.  If the district is a multicounty

 2  district, candidates shall qualify with the Department of

 3  State.  All candidates may qualify by paying a filing fee of

 4  $25 or by obtaining the signatures of at least 25 registered

 5  electors of the district on petition forms provided by the

 6  supervisor of elections which petitions shall be submitted and

 7  checked in the same manner as petitions filed by nonpartisan

 8  judicial candidates pursuant to s. 105.035. Notwithstanding s.

 9  106.021, a candidate who does not collect contributions and

10  whose only expense is the filing fee is not required to

11  appoint a campaign treasurer or designate a primary campaign

12  depository.

13         Section 53.  Paragraph (a) of subsection (1) of section

14  582.18, Florida Statutes, is amended to read:

15         582.18  Election of supervisors of each district.--

16         (1)  The election of supervisors for each soil and

17  water conservation district shall be held every 2 years.  The

18  elections shall be held at the time of the general election

19  provided for by s. 100.041.  The office of the supervisor of a

20  soil and water conservation district is a nonpartisan office,

21  and candidates for such office are prohibited from campaigning

22  or qualifying for election based on party affiliation.

23         (a)  Each candidate for supervisor for such district

24  shall qualify as directed by chapter 99. be nominated by

25  nominating petition subscribed by 25 or more qualified

26  electors of such district.  Candidates shall obtain signatures

27  on petition forms prescribed by the Department of State and

28  furnished by the appropriate qualifying officer.  In

29  multicounty districts, the appropriate qualifying officer is

30  the Secretary of State; in single-county districts, the

31  appropriate qualifying officer is the supervisor of elections.

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 1  Such forms may be obtained at any time after the first Tuesday

 2  after the first Monday in January preceding the election, but

 3  prior to the 21st day preceding the first day of the

 4  qualifying period for state office. Each petition shall be

 5  submitted, prior to noon of the 21st day preceding the first

 6  day of the qualifying period for state office, to the

 7  supervisor of elections of the county for which such petition

 8  was circulated.  The supervisor of elections shall check the

 9  signatures on the petition to verify their status as electors

10  in the district. Prior to the first date for qualifying, the

11  supervisor of elections shall determine whether the required

12  single-county signatures have been obtained; and she or he

13  shall so notify the candidate.  In the case of a multicounty

14  candidate, the supervisor of elections shall check the

15  signatures on petitions and shall, prior to the first date for

16  qualifying for office, certify to the Department of State the

17  number shown as registered electors of the district. The

18  Department of State shall determine if the required number of

19  signatures has been obtained for multicounty candidates and

20  shall so notify the candidate.  If the required number of

21  signatures has been obtained for the name of the candidate to

22  be placed on the ballot, the candidate shall, during the time

23  prescribed for qualifying for office in s. 99.061, submit a

24  copy of the notice to, and file her or his qualification

25  papers with, the qualifying officer and take the oath

26  prescribed in s. 99.021.

27         Section 54.  Subsection (1) of section 876.05, Florida

28  Statutes, is amended to read:

29         876.05  Public employees; oath.--

30         (1)  All persons who now or hereafter are employed by

31  or who now or hereafter are on the payroll of the state, or

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 1  any of its departments and agencies, subdivisions, counties,

 2  cities, school boards and districts of the free public school

 3  system of the state or counties, or institutions of higher

 4  learning, and all candidates for public office, except

 5  candidates for federal office, are required to take an oath

 6  before any person duly authorized to take acknowledgments of

 7  instruments for public record in the state in the following

 8  form:

 9  

10         I, ...., a citizen of the State of Florida and of the

11  United States of America, and being employed by or an officer

12  of .... and a recipient of public funds as such employee or

13  officer, do hereby solemnly swear or affirm that I will

14  support the Constitution of the United States and of the State

15  of Florida.

16         Section 55.  Except as otherwise expressly provided in

17  this act and except for this section, which shall take effect

18  upon becoming a law, this act shall take effect January 1,

19  2008.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2           CS for Senate Bill 960 and Senate Bill 1010

 3                                 

 4  The Committee Substitute for the Committee Substitute differs
    from the Committee Substitute in that it: provides that by
 5  2012, disabled voters must be provided a means to cast an
    independent, marksense ballot; provides that an audit must be
 6  completed and made public by the 7th day after certification;
    amends the definition of "third party registration
 7  organization" and revises the fine structure for violations
    regarding voter registration by a third party registration
 8  organization; requires supervisors to report specific precinct
    level data 35 days after a primary, special, general, or
 9  municipal election; provides a state executive committee
    chairman of a political party with discretionary suspension
10  authority for certain individuals who violate the oath of
    office or engage in other activities that have or could have
11  injured a political party or interfered with its activities;
    provides that committees of continuous existence who received
12  forwarded dues from groups must report those dues as if they
    had been received from the committee's members; authorizes
13  contributions to political committees and committees of
    continuous existence through intermediary organizations if
14  those contributions are identified to be intended for the
    committee; revises the disclosure requirements for political
15  advertisements made pursuant to s. 106.021(3)(d); provides
    specific requirements for initiative petition forms; provides
16  that initiative petition forms must be verified within 30 days
    of receipt by the supervisor; provides a method by which an
17  initiative petition may be revoked.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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