February 26, 2020
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Senate Bill 2936

Senate Bill sb2936

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2936

    By Senator Hill





    1-1514-04                                          See HB 1565

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.055, F.S.; eliminating the book-closing

  4         period for voter registration; providing

  5         registration and changes in registration at the

  6         polls on election day; amending ss. 97.021,

  7         97.053, 97.071, 98.065, 98.081, 98.231,

  8         101.045, and 101.663, F.S., to conform;

  9         repealing s. 97.0555, F.S., relating to late

10         registration, to conform; amending s. 100.011,

11         F.S.; delaying the closing of the polls;

12         amending ss. 101.65, 101.67, 101.6923, and

13         101.6925, F.S., to conform; amending ss. 99.061

14         and 105.031, F.S.; providing for earlier

15         qualifying for nomination or election to public

16         office; amending ss. 99.095, 99.0955, and

17         99.096, F.S.; providing for earlier filing of

18         the oath to qualify by the alternative method;

19         amending ss. 100.061 and 100.091, F.S.;

20         providing for earlier primary elections;

21         amending s. 106.07, F.S.; providing for

22         additional campaign finance reporting periods;

23         removing a reference to conform to changes made

24         by the act; amending s. 101.048, F.S.;

25         authorizing the voting of a provisional ballot

26         at a precinct in the county other than that of

27         a voter's legal residence under certain

28         circumstances; amending s. 101.151, F.S.;

29         restricting the length of ballots; amending s.

30         101.5606, F.S.; requiring voting systems

31         approved for use in this state to provide each

                                  1

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         voter casting a ballot with a paper receipt

 2         that indicates each vote cast on the ballot;

 3         providing for phase-in of such requirement over

 4         3 years and requiring the state to fully fund

 5         the cost; amending s. 101.657, F.S.; revising

 6         provisions relating to absentee voting to allow

 7         for weekend voting; requiring the supervisor of

 8         elections to provide additional locations for

 9         absentee voting; authorizing the use of mobile

10         voting units for absentee voting; providing

11         limitations; amending s. 110.117, F.S.; making

12         General Election Day a paid holiday observed by

13         all state branches and agencies; reenacting s.

14         683.01(1)(r), F.S., relating to the designation

15         of General Election Day as a legal holiday;

16         amending s. 106.161, F.S.; requiring broadcast

17         television and radio stations to provide

18         certain free air time to candidates for public

19         office; creating a task force to rebut false or

20         inaccurate statements in political campaigns;

21         amending s. 106.08, F.S.; prohibiting political

22         committees from making contributions to

23         candidates for election to or retention in

24         office; providing a limit to contributions to

25         state and county executive committees of

26         political parties; removing provisions relating

27         to nonallocable items for purposes of limits on

28         contributions from political party committees

29         and a related reporting requirement; providing

30         penalties; amending s. 106.021, F.S.;

31         prohibiting an individual from being appointed

                                  2

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         and serving as campaign treasurer for a

 2         candidate and a political committee or any

 3         combination of candidates and political

 4         committees; removing expenditure authorization

 5         for certain joint endorsements; amending s.

 6         106.03, F.S.; requiring a political committee

 7         to report information relating to any candidate

 8         or political party the committee opposes;

 9         amending s. 106.087, F.S.; removing expenditure

10         authorization for certain joint endorsements;

11         removing references to committees of continuous

12         existence; repealing s. 106.04, F.S., relating

13         to organization, certification, and duties of

14         committees of continuous existence; amending

15         ss. 98.095, 98.0979, 101.62, 102.031, 106.07,

16         106.12, 106.147, 106.148, 106.23, 106.265,

17         106.27, 106.29, 106.33, 111.075, 112.3148,

18         112.3149, 1004.28, 1004.70, and 1004.71, F.S.;

19         removing or correcting references, to conform;

20         amending s. 106.011, F.S.; revising and

21         removing definitions, to conform; expanding the

22         definition of "political advertisement";

23         amending s. 106.082, F.S.; revising provisions

24         relating to campaign financing restrictions on

25         candidacies for Commissioner of Agriculture;

26         removing references to committees of continuous

27         existence; repealing s. 106.32(3), F.S.,

28         relating to deposit of certain obsolete

29         assessments, to conform; providing an effective

30         date.

31  

                                  3

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




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

 2  

 3         Section 1.  Section 97.055, Florida Statutes, is

 4  amended to read:

 5         97.055  Registration period open books; registration at

 6  polls when closed for an election.--

 7         (1)  The registration books shall remain open for

 8  purposes of registration and changes in registration as

 9  authorized in this code and may not must be closed on the 29th

10  day before any each election and must remain closed until

11  after that election. Any person who is eligible under s.

12  97.041 may register to vote or update a voter registration at

13  any time and in any manner authorized in this code, including

14  on the day of an election. If an election is called and there

15  are fewer than 29 days before that election, the registration

16  books must be closed immediately. When the registration books

17  are closed for an election, voter registration and party

18  changes must be accepted but only for the purpose of

19  subsequent elections. However, party changes received between

20  the book-closing date of the first primary election and the

21  date of the second primary election are not effective until

22  after the second primary election.

23         (2)  Any person eligible under s. 97.041 who wishes to

24  register to vote or update a voter registration on the day of

25  an election may do so at the polls, while the polls are open,

26  by completing a voter registration application to provide the

27  required information. However, if the person has previously

28  attempted to register either by mail or through the division,

29  a driver license office, a voter registration agency, or an

30  armed forces recruitment office and that registration has not

31  been received by the supervisor in time to include the

                                  4

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  person's name on the registration books or precinct register

 2  for that election, the person shall, prior to completing the

 3  voter registration application at the polls, inform the

 4  supervisor, deputy supervisor, or other authorized

 5  registration official of the prior attempt to register. Any

 6  such prior registration or update of such a registration

 7  received by the supervisor after the election shall be

 8  considered obviated or superseded by the registration or

 9  update of a registration at the polls on the day of that

10  election. In computing the 29-day period for the closing of

11  the registration books, the day of the election is excluded

12  and all other days are included. If the 29th day preceding an

13  election falls on a Sunday or a legal holiday, the

14  registration books must be closed on the next day that is not

15  a Sunday or a legal holiday.

16         Section 2.  Subsection (9) of section 97.021, Florida

17  Statutes, is amended to read:

18         97.021  Definitions.--For the purposes of this code,

19  except where the context clearly indicates otherwise, the

20  term:

21         (9)  "Election costs" shall include, but not be limited

22  to, expenditures for all paper supplies such as envelopes,

23  instructions to voters, affidavits, reports, ballot cards,

24  ballot booklets for absentee voters, postage, and notices to

25  voters; advertisements for registration book closings, testing

26  of voting equipment, sample ballots, and polling places; forms

27  used to qualify candidates; polling site rental and equipment

28  delivery and pickup; data processing time and supplies;

29  election records retention; and labor costs, including those

30  costs uniquely associated with absentee ballot preparation,

31  poll workers, and election night canvass.

                                  5

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         Section 3.  Subsection (4) of section 97.053, Florida

 2  Statutes, is amended to read:

 3         97.053  Acceptance of voter registration

 4  applications.--

 5         (4)  The registration date for a valid initial voter

 6  registration application that has been mailed and bears a

 7  clear postmark is the date of the postmark. If an initial

 8  voter registration application that has been mailed does not

 9  bear a postmark or if the postmark is unclear, the

10  registration date is the date the registration is received by

11  any supervisor or the division, unless it is received within 5

12  days after the closing of the books for an election, excluding

13  Saturdays, Sundays, and legal holidays, in which case the

14  registration date is the book-closing date.

15         Section 4.  Subsection (3) of section 97.071, Florida

16  Statutes, is amended to read:

17         97.071  Registration identification card.--

18         (3)  In the case of a change of name, address, or party

19  affiliation, the supervisor must issue the voter a new

20  registration identification card. However, a registration

21  identification card indicating a party affiliation change made

22  between the book-closing date of for the first primary

23  election and the date of the second primary election may not

24  be issued until after the second primary election.

25         Section 5.  Subsection (5) of section 98.065, Florida

26  Statutes, is amended to read:

27         98.065  Registration list maintenance programs.--

28         (5)  The supervisor must designate as inactive all

29  voters who have been sent an address confirmation final notice

30  and who have not returned the postage prepaid preaddressed

31  return form within 30 days. A voter on the inactive list must

                                  6

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  be allowed to vote and to change the voter's name or address

 2  of legal residence at the polls pursuant to s. 101.045. Names

 3  on the inactive list may not be used to calculate the number

 4  of signatures needed on any petition or the quantity of voting

 5  equipment needed.

 6         Section 6.  Subsections (1) and (3) of section 98.081,

 7  Florida Statutes, are amended to read:

 8         98.081  Names removed from registration books;

 9  restrictions on reregistering; recordkeeping; restoration of

10  erroneously or illegally removed names.--

11         (1)  Any person who requested that his or her name be

12  removed from the registration books between the book-closing

13  date of the first primary and the date of the second primary

14  may not register in a different political party until after

15  the date of the second primary election.

16         (3)  When the name of any elector has been erroneously

17  or illegally removed from the registration books, the name of

18  the elector shall be restored by the supervisor upon

19  satisfactory proof, even though the registration period for

20  that election is closed.

21         Section 7.  Section 98.231, Florida Statutes, is

22  amended to read:

23         98.231  Supervisor of elections to furnish Department

24  of State number of registered electors.--The supervisor of

25  each county, not less than within 15 days after the closing of

26  registration books prior to the election, shall, for the

27  county and for each legislative and congressional district in

28  which such county or any portion thereof is located, advise

29  the Department of State of the total number of registered

30  electors of each political party in which any elector has

31  

                                  7

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  registered and the number of electors registered as

 2  independents or without party affiliation.

 3         Section 8.  Section 101.045, Florida Statutes, is

 4  amended to read:

 5         101.045  Electors must be registered in precinct;

 6  provisions for residence or name change.--

 7         (1)  No person shall be permitted to vote in any

 8  election precinct or district other than the one in which the

 9  person has his or her legal residence and in which the person

10  is registered. However, a person temporarily residing outside

11  the county shall be registered in the precinct in which the

12  main office of the supervisor, as designated by the

13  supervisor, is located when the person has no permanent

14  address in the county and it is the person's intention to

15  remain a resident of Florida and of the county in which he or

16  she is registered to vote. Such persons who are registered in

17  the precinct in which the main office of the supervisor, as

18  designated by the supervisor, is located and who are residing

19  outside the county with no permanent address in the county

20  shall not be registered electors of a municipality and

21  therefore shall not be permitted to vote in any municipal

22  election.

23         (2)(a)  An elector who moves from the precinct within

24  the county in which the elector is registered may be permitted

25  to vote in the precinct to which he or she has moved his or

26  her legal residence or, provided such elector completes an

27  affirmation in substantially the following form:

28  

29             Change of Legal Residence of Registered

30                              Voter

31  

                                  8

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  Under penalties for false swearing, I, ...(Name of voter)...,

 2  swear (or affirm) that the former address of my legal

 3  residence was ...(Address of legal residence)... in the

 4  municipality of ...., in .... County, Florida, and I was

 5  registered to vote in the .... precinct of .... County,

 6  Florida; that I have not voted in the precinct of my former

 7  registration in this election; that I now reside at

 8  ...(Address of legal residence)... in the Municipality of

 9  ...., in .... County, Florida, and am therefore eligible to

10  vote in the .... precinct of .... County, Florida; and I

11  further swear (or affirm) that I am otherwise legally

12  registered and entitled to vote.

13  

14     ...(Signature of voter whose address of legal residence has

15  changed)...

16  

17         (b)  an elector whose name changes because of marriage

18  or other legal process may be permitted to vote, provided such

19  elector completes an affirmation in substantially the

20  following form:

21  

22                   Change of Name of Registered

23                              Voter

24  

25  Under penalties for false swearing, I, ...(New name of

26  voter)..., swear (or affirm) that my name has been changed

27  because of marriage or other legal process. My former name and

28  address of legal residence appear on the registration books of

29  precinct .... as follows:

30  Name..........................................................

31  Address.......................................................

                                  9

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  Municipality..................................................

 2  County........................................................

 3  Florida, Zip..................................................

 4  My present name and address of legal residence are as follows:

 5  Name..........................................................

 6  Address.......................................................

 7  Municipality..................................................

 8  County........................................................

 9  Florida, Zip..................................................

10  and I further swear (or affirm) that I am otherwise legally

11  registered and entitled to vote.

12  

13               ...(Signature of voter whose name has changed)...

14         (c)  Such affirmation, when completed and presented at

15  the precinct in which such elector is entitled to vote, and

16  upon verification of the elector's registration, shall entitle

17  such elector to vote as provided in this subsection. If the

18  elector's eligibility to vote cannot be determined, he or she

19  shall be entitled to vote a provisional ballot, subject to the

20  requirements and procedures in s. 101.048. Upon receipt of an

21  affirmation certifying a change in address of legal residence

22  or name, the supervisor shall as soon as practicable make the

23  necessary changes in the registration records of the county to

24  indicate the change in address of legal residence or name of

25  such elector.

26         (d)  Instead of the affirmation contained in paragraph

27  (a) or paragraph (b), an elector may complete a voter

28  registration application that indicates the change of name or

29  change of address of legal residence or change of name.

30         (b)(e)  A request for an absentee ballot pursuant to s.

31  101.62 which indicates that the elector has had a change of

                                  10

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  address of legal residence from that in the supervisor's

 2  records shall be sufficient as the notice to the supervisor of

 3  change of address of legal residence required by this section.

 4  Upon receipt of such request for an absentee ballot from an

 5  elector who has changed his or her address of legal residence,

 6  the supervisor shall provide the elector with the proper

 7  ballot for the precinct in which the elector then has his or

 8  her legal residence.

 9         (3)  When an elector's name does not appear on the

10  registration books or precinct register of the election

11  precinct in which the elector claims to be is registered, the

12  elector may have his or her name restored by completing a

13  voter registration application to provide the required

14  information indicating eligibility under s. 97.041 if the

15  supervisor is otherwise satisfied that the elector is validly

16  registered, that the elector's name has been erroneously

17  omitted from the books, and that the elector is entitled to

18  have his or her name restored. The supervisor, if he or she is

19  satisfied as to the elector's previous registration, shall

20  then allow such person to vote and shall thereafter issue a

21  duplicate registration identification card.

22         Section 9.  Section 101.663, Florida Statutes, is

23  amended to read:

24         101.663  Electors; change of residence.--

25         (1)  An elector who changes his or her residence to

26  another county in Florida from the county in Florida in which

27  he or she is registered as an elector must register in the

28  county of his or her new residence prior to being allowed to

29  vote in any election and may not vote, either in person or by

30  absentee ballot, in the county of his or her former residence

31  after the books in the county to which the elector has changed

                                  11

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  his or her residence are closed for any general, primary, or

 2  special election shall be permitted to vote absentee in the

 3  county of his or her former residence in that election for

 4  President and Vice President, United States Senator, statewide

 5  offices, and statewide issues. Such person shall not be

 6  permitted to vote in the county of the person's former

 7  residence after the general election.

 8         (2)  An elector registered in this state who moves his

 9  or her permanent residence to another state and who is

10  prohibited by the laws of that state from voting for the

11  offices of President and Vice President of the United States

12  may shall be permitted to vote absentee in the county of his

13  or her former residence for those offices.

14         Section 10.  Section 97.0555, Florida Statutes, is

15  repealed.

16         Section 11.  Subsection (1) of section 100.011, Florida

17  Statutes, is amended to read:

18         100.011  Opening and closing of polls, all elections;

19  expenses.--

20         (1)  The polls shall be open at the voting places at 7

21  7:00 a.m., on the day of the election, and shall be kept open

22  until 9 7:00 p.m., of the same day, and the time shall be

23  regulated by the customary time in standard use in the county

24  seat of the locality. The inspectors shall make public

25  proclamation of the opening and closing of the polls. During

26  the election and canvass of the votes, the ballot box shall

27  not be concealed.

28         Section 12.  Section 101.65, Florida Statutes, is

29  amended to read:

30  

31  

                                  12

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         101.65  Instructions to absent electors.--The

 2  supervisor shall enclose with each absentee ballot separate

 3  printed instructions in substantially the following form:

 4  

 5  READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

 6         1.  VERY IMPORTANT. In order to ensure that your

 7  absentee ballot will be counted, it should be completed and

 8  returned as soon as possible so that it can reach the

 9  supervisor of elections of the county in which your precinct

10  is located no later than 9 7 p.m. on the day of the election.

11         2.  Mark your ballot in secret as instructed on the

12  ballot. You must mark your own ballot unless you are unable to

13  do so because of blindness, disability, or inability to read

14  or write.

15         3.  Mark only the number of candidates or issue choices

16  for a race as indicated on the ballot. If you are allowed to

17  "Vote for One" candidate and you vote for more than one

18  candidate, your vote in that race will not be counted.

19         4.  Place your marked ballot in the enclosed secrecy

20  envelope.

21         5.  Insert the secrecy envelope into the enclosed

22  mailing envelope which is addressed to the supervisor.

23         6.  Seal the mailing envelope and completely fill out

24  the Voter's Certificate on the back of the mailing envelope.

25         7.  VERY IMPORTANT. In order for your absentee ballot

26  to be counted, you must sign your name on the line above

27  (Voter's Signature).

28         8.  VERY IMPORTANT. If you are an overseas voter, you

29  must include the date you signed the Voter's Certificate on

30  the line above (Date) or your ballot may not be counted.

31  

                                  13

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         9.  VERY IMPORTANT. In order for your absentee ballot

 2  to be counted, it must include the signature and address of a

 3  witness 18 years of age or older affixed to the Voter's

 4  Certificate. No candidate may serve as an attesting witness.

 5         10.  Mail, deliver, or have delivered the completed

 6  mailing envelope. Be sure there is sufficient postage if

 7  mailed.

 8         11.  FELONY NOTICE. It is a felony under Florida law to

 9  accept any gift, payment, or gratuity in exchange for your

10  vote for a candidate. It is also a felony under Florida law to

11  vote in an election using a false identity or false address,

12  or under any other circumstances making your ballot false or

13  fraudulent.

14         Section 13.  Subsection (2) of section 101.67, Florida

15  Statutes, is amended to read:

16         101.67  Safekeeping of mailed ballots; deadline for

17  receiving absentee ballots.--

18         (2)  All marked absent electors' ballots to be counted

19  must be received by the supervisor by 9 7 p.m. the day of the

20  election. All ballots received thereafter shall be marked with

21  the time and date of receipt and filed in the supervisor's

22  office.

23         Section 14.  Subsection (2) of section 101.6923,

24  Florida Statutes, is amended to read:

25         101.6923  Special absentee ballot instructions for

26  certain first-time voters.--

27         (2)  A voter covered by this section shall be provided

28  with the following printed instructions with his or her

29  absentee ballot:

30  

31  

                                  14

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         READ THESE INSTRUCTIONS CAREFULLY BEFORE

 2         MARKING YOUR BALLOT. FAILURE TO FOLLOW THESE

 3         INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO

 4         COUNT.

 5  

 6         1.  In order to ensure that your absentee ballot will

 7  be counted, it should be completed and returned as soon as

 8  possible so that it can reach the supervisor of elections of

 9  the county in which your precinct is located no later than 9 7

10  p.m. on the date of the election.

11         2.  Mark your ballot in secret as instructed on the

12  ballot. You must mark your own ballot unless you are unable to

13  do so because of blindness, disability, or inability to read

14  or write.

15         3.  Mark only the number of candidates or issue choices

16  for a race as indicated on the ballot. If you are allowed to

17  "Vote for One" candidate and you vote for more than one, your

18  vote in that race will not be counted.

19         4.  Place your marked ballot in the enclosed secrecy

20  envelope and seal the envelope.

21         5.  Insert the secrecy envelope into the enclosed

22  envelope bearing the Voter's Certificate. Seal the envelope

23  and completely fill out the Voter's Certificate on the back of

24  the envelope.

25         a.  You must sign your name on the line above (Voter's

26  Signature).

27         b.  You must have your signature witnessed. Have the

28  witness sign above (Signature of Witness) and include his or

29  her address. No candidate may serve as an attesting witness.

30  

31  

                                  15

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         c.  If you are an overseas voter, you must include the

 2  date you signed the Voter's Certificate on the line above

 3  (Date) or your ballot may not be counted.

 4         6.  Unless you meet one of the exemptions in Item 7.,

 5  you must make a copy of one of the following forms of

 6  identification:

 7         a.  Identification which must include your name and

 8  photograph: current and valid Florida driver's license;

 9  Florida identification card issued by the Department of

10  Highway Safety and Motor Vehicles; United States passport;

11  employee badge or identification; buyer's club identification

12  card; debit or credit card; military identification; student

13  identification; retirement center identification; neighborhood

14  association identification; entertainment identification; or

15  public assistance identification; or

16         b.  Identification which shows your name and current

17  residence address: current utility bill, bank statement,

18  government check, paycheck, or government document (excluding

19  voter identification card).

20         7.  The identification requirements of Item 6. do not

21  apply if you meet one of the following requirements:

22         a.  You are 65 years of age or older.

23         b.  You have a temporary or permanent physical

24  disability.

25         c.  You are a member of a uniformed service on active

26  duty who, by reason of such active duty, will be absent from

27  the county on election day.

28         d.  You are a member of the Merchant Marine who, by

29  reason of service in the Merchant Marine, will be absent from

30  the county on election day.

31  

                                  16

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         e.  You are the spouse or dependent of a member

 2  referred to in paragraph c. or paragraph d. who, by reason of

 3  the active duty or service of the member, will be absent from

 4  the county on election day.

 5         f.  You are currently residing outside the United

 6  States.

 7         8.  Place the envelope bearing the Voter's Certificate

 8  into the mailing envelope addressed to the supervisor. Insert

 9  a copy of your identification in the mailing envelope. DO NOT

10  PUT YOUR IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE

11  BALLOT OR INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S

12  CERTIFICATE OR YOUR BALLOT WILL NOT COUNT.

13         9.  Mail, deliver, or have delivered the completed

14  mailing envelope. Be sure there is sufficient postage if

15  mailed.

16         10.  FELONY NOTICE. It is a felony under Florida law to

17  accept any gift, payment, or gratuity in exchange for your

18  vote for a candidate. It is also a felony under Florida law to

19  vote in an election using a false identity or false address,

20  or under any other circumstances making your ballot false or

21  fraudulent.

22         Section 15.  Subsection (3) of section 101.6925,

23  Florida Statutes, is amended to read:

24         101.6925  Canvassing special absentee ballots.--

25         (3)  If the identification is not enclosed in the

26  mailing envelope and the voter has not indicated that he or

27  she is exempt from the identification requirements, the

28  supervisor shall check the voter registration records to

29  determine if the voter's identification was previously

30  received or the voter had previously notified the supervisor

31  that he or she was exempt. The envelope with the Voter's

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  Certificate shall not be opened unless the identification has

 2  been received or the voter has indicated that he or she is

 3  exempt. The ballot shall be treated as a provisional ballot

 4  until 9 7 p.m. on election day and shall not be canvassed

 5  unless the supervisor has received the required identification

 6  or written indication of exemption by 9 7 p.m. on election

 7  day.

 8         Section 16.  Subsections (1) and (2) of section 99.061,

 9  Florida Statutes, are amended to read:

10         99.061  Method of qualifying for nomination or election

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

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

13  notwithstanding, each person seeking to qualify for nomination

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

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

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

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

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

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

20  the Department of State, or qualify by the alternative method

21  with the Department of State, at any time after noon of the

22  1st day for qualifying, which shall be as follows: the 120th

23  day prior to the first primary, but not later than noon of the

24  116th day prior to the date of the first primary, for persons

25  seeking to qualify for nomination or election to federal

26  office; and noon of the 64th 50th day prior to the first

27  primary, but not later than noon of the 60th 46th day prior to

28  the date of the first primary, for persons seeking to qualify

29  for nomination or election to a state or multicounty district

30  office.

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




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

 2  notwithstanding, each person seeking to qualify for nomination

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

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

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

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

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

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

 9  alternative method with the supervisor of elections, at any

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

11  the 64th 50th day prior to the first primary or special

12  district election, but not later than noon of the 60th 46th

13  day prior to the date of the first primary or special district

14  election. However, If a special district election is held at

15  the same time as the second primary or general election,

16  qualifying shall be the 50th day prior to the first primary,

17  but not later than noon of the 46th day prior to the date of

18  the first primary. Within 30 days after the closing of

19  qualifying time, the supervisor of elections shall remit to

20  the secretary of the state executive committee of the

21  political party to which the candidate belongs the amount of

22  the filing fee, two-thirds of which shall be used to promote

23  the candidacy of candidates for county offices and the

24  candidacy of members of the Legislature.

25         Section 17.  Subsection (1) of section 99.095, Florida

26  Statutes, is amended to read:

27         99.095  Alternative method of qualifying.--

28         (1)  A person seeking to qualify for nomination to any

29  office may qualify to have his or her name placed on the

30  ballot for the first primary election by means of the

31  petitioning process prescribed in this section. A person

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  qualifying by this alternative method shall not be required to

 2  pay the qualifying fee or party assessment required by this

 3  chapter. A person using this petitioning process shall file an

 4  oath with the officer before whom the candidate would qualify

 5  for the office stating that he or she intends to qualify by

 6  this alternative method for the office sought. If the person

 7  is running for an office which will be grouped on the ballot

 8  with two or more similar offices to be filled at the same

 9  election, the candidate must indicate in his or her oath for

10  which group or district office he or she is running. The oath

11  shall be filed at any time after the first Tuesday after the

12  first Monday in November January of the year immediately

13  preceding the year in which the first primary is held, but

14  prior to the 21st day preceding the first day of the

15  qualifying period for the office sought. The Department of

16  State shall prescribe the form to be used in administering and

17  filing such oath. No signatures shall be obtained by a

18  candidate on any nominating petition until the candidate has

19  filed the oath required in this section. If the person is

20  running for an office which will be grouped on the ballot with

21  two or more similar offices to be filled at the same election

22  and the petition does not indicate the group or district

23  office for which the person is running, the signatures

24  obtained on such petition will not be counted.

25         Section 18.  Paragraph (a) of subsection (3) of section

26  99.0955, Florida Statutes, is amended to read:

27         99.0955  Candidates with no party affiliation; name on

28  general election ballot.--

29         (3)(a)  A candidate with no party affiliation may, in

30  lieu of paying the qualifying fee, qualify for office by the

31  alternative method prescribed in this subsection. A candidate

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  using this petitioning process shall file an oath with the

 2  officer before whom the candidate would qualify for the office

 3  stating that he or she intends to qualify by this alternative

 4  method. If the person is running for an office that requires a

 5  group or district designation, the candidate must indicate the

 6  designation in his or her oath. The oath shall be filed at any

 7  time after the first Tuesday after the first Monday in

 8  November January of the year immediately preceding the year in

 9  which the election is held, but before the 21st day preceding

10  the first day of the qualifying period for the office sought.

11  The Department of State shall prescribe the form to be used in

12  administering and filing the oath. Signatures may not be

13  obtained by a candidate on any petition until the candidate

14  has filed the oath required in this subsection. Upon receipt

15  of the written oath from a candidate, the qualifying officer

16  shall provide the candidate with petition forms in sufficient

17  numbers to facilitate the gathering of signatures. If the

18  candidate is running for an office that requires a group or

19  district designation, the petition must indicate that

20  designation or the signatures obtained on the petition will

21  not be counted.

22         Section 19.  Paragraph (a) of subsection (3) of section

23  99.096, Florida Statutes, is amended to read:

24         99.096  Minor party candidates; names on ballot.--

25         (3)(a)  A minor party candidate may, in lieu of paying

26  the qualifying fee and party assessment, qualify for office by

27  the alternative method prescribed in this subsection. A

28  candidate using this petitioning process shall file an oath

29  with the officer before whom the candidate would qualify for

30  the office stating that he or she intends to qualify by this

31  alternative method. If the person is running for an office

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  that requires a group or district designation, the candidate

 2  must indicate the designation in his or her oath. The oath

 3  must be filed at any time after the first Tuesday after the

 4  first Monday in November January of the year immediately

 5  preceding the year in which the election is held, but before

 6  the 21st day preceding the first day of the qualifying period

 7  for the office sought. The Department of State shall prescribe

 8  the form to be used in administering and filing the oath.

 9  Signatures may not be obtained by a candidate on any petition

10  until the candidate has filed the oath required in this

11  section. Upon receipt of the written oath from a candidate,

12  the qualifying officer shall provide the candidate with

13  petition forms in sufficient numbers to facilitate the

14  gathering of signatures. If the candidate is running for an

15  office that requires a group or district designation, the

16  petition must indicate that designation or the signatures on

17  such petition will not be counted.

18         Section 20.  Section 100.061, Florida Statutes, is

19  amended to read:

20         100.061  First primary election.--In each year in which

21  a general election is held, a first primary election for

22  nomination of candidates of political parties shall be held on

23  the Tuesday 15 9 weeks prior to the general election. Each

24  candidate receiving a majority of the votes cast in each

25  contest in the first primary election shall be declared

26  nominated for such office. A second primary election shall be

27  held as provided by s. 100.091 in every contest in which a

28  candidate does not receive a majority.

29         Section 21.  Subsection (1) of section 100.091, Florida

30  Statutes, is amended to read:

31         100.091  Second primary election.--

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         (1)  In each year in which a general election is held,

 2  a second primary election for nomination of candidates of

 3  political parties where nominations were not made in the first

 4  primary election shall be held on the Tuesday 8 5 weeks prior

 5  to the general election.

 6         Section 22.  Subsection (1) of section 105.031, Florida

 7  Statutes, is amended to read:

 8         105.031  Qualification; filing fee; candidate's oath;

 9  items required to be filed.--

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

11  judicial office, nonpartisan candidates for multicounty office

12  shall qualify with the Division of Elections of the Department

13  of State and nonpartisan candidates for countywide or less

14  than countywide office shall qualify with the supervisor of

15  elections. Candidates for judicial office other than the

16  office of county court judge shall qualify with the Division

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

18  the office of county court judge shall qualify with the

19  supervisor of elections of the county. Candidates for judicial

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

21  and no later than noon of the 116th day, before the first

22  primary election. Candidates for the office of school board

23  member shall qualify no earlier than noon of the 64th 50th

24  day, and no later than noon of the 60th 46th day, before the

25  first primary election. Filing shall be on forms provided for

26  that purpose by the Division of Elections and furnished by the

27  appropriate qualifying officer. Any person seeking to qualify

28  by the alternative method, as set forth in s. 105.035, if the

29  person has submitted the necessary petitions by the required

30  deadline and is notified after the fifth day prior to the last

31  day for qualifying that the required number of signatures has

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  been obtained, shall be entitled to subscribe to the

 2  candidate's oath and file the qualifying papers at any time

 3  within 5 days from the date he or she is notified that the

 4  necessary number of signatures has been obtained. Any person

 5  other than a write-in candidate who qualifies within the time

 6  prescribed in this subsection shall be entitled to have his or

 7  her name printed on the ballot.

 8         Section 23.  Paragraphs (a) and (b) of subsection (1)

 9  of section 106.07, Florida Statutes, are amended to read:

10         106.07  Reports; certification and filing.--

11         (1)  Each campaign treasurer designated by a candidate

12  or political committee pursuant to s. 106.021 shall file

13  regular reports of all contributions received, and all

14  expenditures made, by or on behalf of such candidate or

15  political committee. Reports shall be filed on the 10th day

16  following the end of each calendar quarter from the time the

17  campaign treasurer is appointed, except that, if the 10th day

18  following the end of a calendar quarter occurs on a Saturday,

19  Sunday, or legal holiday, the report shall be filed on the

20  next following day which is not a Saturday, Sunday, or legal

21  holiday. Quarterly reports shall include all contributions

22  received and expenditures made during the calendar quarter

23  which have not otherwise been reported pursuant to this

24  section.

25         (a)  Except as provided in paragraph (b), following the

26  last day of qualifying for office, the reports shall be filed

27  on the 46th, 32nd, 18th, and 4th days immediately preceding

28  the first primary and on the 32nd, 18th, and 4th days

29  immediately preceding the second primary and general election,

30  for a candidate who is opposed in seeking nomination or

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  election to any office, or for a political committee, or for a

 2  committee of continuous existence.

 3         (b)  Following the last day of qualifying for office,

 4  any statewide candidate who has requested to receive

 5  contributions from the Election Campaign Financing Trust Fund

 6  or any statewide candidate in a race with a candidate who has

 7  requested to receive contributions from the trust fund shall

 8  file reports on the 4th, 11th, 18th, 25th, and 32nd, 39th, and

 9  46th days prior to the first primary and general elections,

10  and on the 4th, 11th, 18th, and 25th, 32nd, and 39th days

11  prior to the second primary.

12         Section 24.  Subsections (1) and (2) of section

13  101.048, Florida Statutes, are amended to read:

14         101.048  Provisional ballots.--

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

16  registered in the county and eligible to vote at the precinct

17  in the election, but whose eligibility cannot be determined,

18  and other persons specified in the code shall be entitled to

19  vote a provisional ballot in the county in which the voter

20  claims to be registered, notwithstanding s. 101.045 or any

21  other provision of law to the contrary. Once voted, the

22  provisional ballot shall be placed in a secrecy envelope and

23  thereafter sealed in a provisional ballot envelope. The

24  provisional ballot shall be deposited in a ballot box. All

25  provisional ballots shall remain sealed in their envelopes for

26  return to the supervisor of elections. The department shall

27  prescribe the form of the provisional ballot envelope.

28         (2)(a)  The county canvassing board shall examine each

29  provisional ballot envelope to determine if the person voting

30  that ballot was entitled to vote at the precinct where the

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  person cast a vote in the election and that the person had not

 2  already cast a ballot in the election.

 3         (b)1.  If it is determined that the person was

 4  registered and entitled to vote at the precinct where the

 5  person cast a vote in the election, the canvassing board shall

 6  compare the signature on the provisional ballot envelope with

 7  the signature on the voter's registration and, if it matches,

 8  shall count the ballot. The provisional ballot of a voter who

 9  is otherwise entitled to vote shall not be rejected because

10  the voter did not cast his or her ballot in the precinct of

11  his or her legal residence. However, if the voter voted a

12  ballot to which he or she was not entitled, the canvassing

13  board shall duplicate the ballot for the races for which the

14  voter was entitled to vote in the precinct of the voter's

15  legal residence and count the races for which the voter was

16  entitled to vote.

17         2.  If it is determined that the person voting the

18  provisional ballot was not registered or entitled to vote at

19  the precinct where the person cast a vote in the election, the

20  provisional ballot shall not be counted and the ballot shall

21  remain in the envelope containing the Provisional Ballot

22  Voter's Certificate and Affirmation and the envelope shall be

23  marked "Rejected as Illegal."

24         Section 25.  Subsection (8) of section 101.151, Florida

25  Statutes, is renumbered as subsection (9), and a new

26  subsection (8) is added to that section to read:

27         101.151  Specifications for ballots.--

28         (8)  A ballot may not exceed seven standard letter size

29  pages in length or the equivalent. The department shall

30  provide by rule what constitutes the equivalent ballot length

31  for voting systems that use a ballot card or paper ballot of a

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  different size and for electronic or electromechanical voting

 2  systems that do not use a ballot card or paper ballot.

 3         Section 26.  Subsection (16) is added to section

 4  101.5606, Florida Statutes, to read:

 5         101.5606  Requirements for approval of systems.--No

 6  electronic or electromechanical voting system shall be

 7  approved by the Department of State unless it is so

 8  constructed that:

 9         (16)  It provides each voter casting a ballot with a

10  paper receipt that indicates each vote cast on the ballot.

11         Section 27.  The implementation of the amendment of

12  section 101.5606, Florida Statutes, by this act requiring a

13  paper receipt for each voted ballot shall be phased in over a

14  3-year period, as determined by the Division of Elections of

15  the Department of State, and the cost of such implementation

16  shall be fully funded by the state by appropriation to the

17  division in the General Appropriations Act each fiscal year of

18  the phase-in period.

19         Section 28.  Subsection (2) of section 101.657, Florida

20  Statutes, is amended to read:

21         101.657  Voting absentee ballots in person.--

22         (2)(a)  As an alternative to the provisions of ss.

23  101.64 and 101.65, the supervisor of elections may allow an

24  elector to cast an absentee ballot in the main or branch

25  office of the supervisor by depositing the voted ballot in a

26  voting device used by the supervisor to collect or tabulate

27  ballots. The results or tabulation may not be made before the

28  close of the polls on election day.

29         (b)  Three weeks prior to each primary and general

30  election, the supervisor of elections shall allow voting by

31  absentee ballot in the main office and each branch office each

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  day of the week, including Saturday and Sunday, for a period

 2  of not less than 8 hours, beginning no later than 9 a.m. To

 3  the extent practicable, the supervisor shall also provide for

 4  voting by absentee ballot during this period in other

 5  locations located equally throughout the county. Such

 6  locations may include libraries, schools, and other facilities

 7  used as polling places on election day.

 8         (c)  The supervisor may authorize the use of mobile

 9  units for purposes of voting an absentee ballot under this

10  section, provided the locations at which such units are set up

11  do not include any location regularly used by and associated

12  with a political party or partisan political organization.

13         (d)(a)  The elector must provide identification as

14  required in subsection (1) and must complete an In-Office

15  Voter Certificate in substantially the following form:

16  

17                   IN-OFFICE VOTER CERTIFICATE

18  

19  I, _____, am a qualified elector in this election and

20  registered voter of _____ County, Florida. I do solemnly swear

21  or affirm that I am the person so listed on the voter

22  registration rolls of _____ County and that I reside at the

23  listed address. I understand that if I commit or attempt to

24  commit fraud in connection with voting, vote a fraudulent

25  ballot, or vote more than once in an election I could be

26  convicted of a felony of the third degree and both fined up to

27  $5,000 and imprisoned for up to 5 years. I understand that my

28  failure to sign this certificate and have my signature

29  witnessed invalidates my ballot.

30  

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  ...  (Voter's Signature)  ...

 2  

 3  ...  (Address)  ...

 4  

 5  ...  (City/State)  ...

 6  

 7  ...  (Name of Witness)  ...

 8  

 9  ...  (Signature of Witness)  ...

10  

11  ...  (Type of identification provided)  ...

12  

13         (e)(b)  Any elector may challenge an elector seeking to

14  cast an absentee ballot under the provisions of s. 101.111.

15  Any challenged ballot must be placed in a regular absentee

16  ballot envelope. The canvassing board shall review the ballot

17  and decide the validity of the ballot by majority vote.

18         (f)(c)  The canvass of returns for ballots cast under

19  this subsection shall be substantially the same as votes cast

20  by electors in precincts, as provided in s. 101.5614.

21         Section 29.  Subsection (1) of section 110.117, Florida

22  Statutes, is amended to read:

23         110.117  Paid holidays.--

24         (1)  The following holidays shall be paid holidays

25  observed by all state branches and agencies:

26         (a)  New Year's Day.

27         (b)  Birthday of Martin Luther King, Jr., third Monday

28  in January.

29         (c)  Memorial Day.

30         (d)  Independence Day.

31         (e)  Labor Day.

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         (f)  General Election Day.

 2         (g)(f)  Veterans' Day, November 11.

 3         (h)(g)  Thanksgiving Day.

 4         (i)(h)  Friday after Thanksgiving.

 5         (j)(i)  Christmas Day.

 6  

 7  (j)  If any of these holidays falls on Saturday, the preceding

 8  Friday shall be observed as a holiday. If any of these

 9  holidays falls on Sunday, the following Monday shall be

10  observed as a holiday.

11         Section 30.  Paragraph (r) of subsection (1) of section

12  683.01, Florida Statutes, is reenacted to read:

13         683.01  Legal holidays.--

14         (1)  The legal holidays, which are also public

15  holidays, are the following:

16         (r)  General Election Day.

17         Section 31.  Section 106.161, Florida Statutes, is

18  amended to read:

19         106.161  Air time available at the lowest unit

20  rate.--To the extent permitted by federal law, all broadcast

21  radio and television stations and all cable television

22  stations shall make air time available to candidates for

23  public office at the lowest unit rate. To the extent permitted

24  by federal law, all broadcast radio and television stations

25  must offer 2.5 minutes of free air time prior to each election

26  to each candidate for public office appearing on the ballot

27  for that election within the area the station covers.

28         Section 32.  There is created a task force to rebut

29  false or inaccurate statements in political campaigns. Each

30  major political party regulated under chapter 103, Florida

31  Statutes, and each minor political party, as defined in s.

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  97.021(14), Florida Statutes, may select one member to serve

 2  on the task force. Any rebuttal issued by the task force shall

 3  be considered a public service announcement and not a

 4  political advertisement and is not subject to reporting as a

 5  contribution or expenditure under chapter 106, Florida

 6  Statutes. The cost of disseminating the rebuttal shall be

 7  borne equally by the political parties appointing members to

 8  the task force.

 9         Section 33.  Section 106.08, Florida Statutes, is

10  amended to read:

11         106.08  Contributions; limitations on.--

12         (1)(a)  Except for political parties, No person,

13  political committee, or committee of continuous existence may,

14  in any election, make contributions in excess of $500 to any

15  candidate for election to or retention in office or to any

16  political committee supporting or opposing one or more

17  candidates. However, a political committee may not make a

18  contribution to any candidate for election to or retention in

19  office. Candidates for the offices of Governor and Lieutenant

20  Governor on the same ticket are considered a single candidate

21  for the purpose of this section.

22         (b)1.  The contribution limits provided in this

23  subsection do not apply to contributions made by a state or

24  county executive committee of a political party regulated by

25  chapter 103 or to amounts contributed by a candidate to his or

26  her own campaign.

27         2.  Notwithstanding the limits provided in this

28  subsection, an unemancipated child under the age of 18 years

29  of age may not make a contribution in excess of $100 to any

30  candidate or to any political committee supporting one or more

31  candidates.

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    Florida Senate - 2004                                  SB 2936
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 1         (c)  The contribution limits of this subsection apply

 2  to each election. For purposes of this subsection, the first

 3  primary, second primary, and general election are separate

 4  elections so long as the candidate is not an unopposed

 5  candidate as defined in s. 106.011(14)(15). However, for the

 6  purpose of contribution limits with respect to candidates for

 7  retention as a justice or judge, there is only one election,

 8  which is the general election. With respect to candidates in a

 9  circuit holding an election for circuit judge or in a county

10  holding an election for county court judge, there are only two

11  elections, which are the first primary election and general

12  election.

13         (2)  A person may not make contributions to the state

14  and county executive committees of a political party,

15  including any subordinate committee of a state or county

16  executive committee of a political party, which contributions,

17  including in-kind contributions, in the aggregate in any

18  calendar year exceed $5,000.

19         (3)(2)(a)  A candidate may not accept contributions

20  from national, state, including any subordinate committee of a

21  national, state, or county committee of a political party, and

22  county executive committees of a political party, which

23  contributions in the aggregate exceed $50,000, no more than

24  $25,000 of which may be accepted prior to the 28-day period

25  immediately preceding the date of the general election.

26         (b)  Polling services, research services, costs for

27  campaign staff, professional consulting services, and

28  telephone calls are not contributions to be counted toward the

29  contribution limits of paragraph (a). Any item not expressly

30  identified in this paragraph as nonallocable is a contribution

31  in an amount equal to the fair market value of the item and

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  must be counted as allocable toward the $50,000 contribution

 2  limits of paragraph (a). Nonallocable, in-kind contributions

 3  must be reported by the candidate under s. 106.07 and by the

 4  political party under s. 106.29.

 5         (4)(3)(a)  Any contribution received by a candidate

 6  with opposition in an election or by the campaign treasurer or

 7  a deputy campaign treasurer of such a candidate on the day of

 8  that election or less than 5 days prior to the day of that

 9  election must be returned by him or her to the person or

10  committee contributing it and may not be used or expended by

11  or on behalf of the candidate.

12         (b)  Except as otherwise provided in paragraph (c), any

13  contribution received by a candidate or by the campaign

14  treasurer or a deputy campaign treasurer of a candidate after

15  the date at which the candidate withdraws his or her

16  candidacy, or after the date the candidate is defeated,

17  becomes unopposed, or is elected to office must be returned to

18  the person or committee contributing it and may not be used or

19  expended by or on behalf of the candidate.

20         (c)  With respect to any campaign for an office in

21  which an independent or minor party candidate has filed as

22  required in s. 99.0955 or s. 99.096, but whose qualification

23  is pending a determination by the Department of State or

24  supervisor of elections as to whether or not the required

25  number of petition signatures was obtained:

26         1.  The department or supervisor shall, no later than 3

27  days after that determination has been made, notify in writing

28  all other candidates for that office of that determination.

29         2.  Any contribution received by a candidate or the

30  campaign treasurer or deputy campaign treasurer of a candidate

31  after the candidate has been notified in writing by the

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  department or supervisor that he or she has become unopposed

 2  as a result of an independent or minor party candidate failing

 3  to obtain the required number of petition signatures shall be

 4  returned to the person, political committee, or committee of

 5  continuous existence contributing it and shall not be used or

 6  expended by or on behalf of the candidate.

 7         (5)(4)  Any contribution received by the chair,

 8  campaign treasurer, or deputy campaign treasurer of a

 9  political committee supporting or opposing a candidate with

10  opposition in an election or supporting or opposing an issue

11  on the ballot in an election on the day of that election or

12  less than 5 days prior to the day of that election may not be

13  obligated or expended by the committee until after the date of

14  the election.

15         (6)(5)(a)  A person may not make any contribution

16  through or in the name of another, directly or indirectly, in

17  any election.

18         (b)  Candidates, political committees, and political

19  parties may not solicit contributions from any religious,

20  charitable, civic, or other causes or organizations

21  established primarily for the public good.

22         (c)  Candidates, political committees, and political

23  parties may not make contributions, in exchange for political

24  support, to any religious, charitable, civic, or other cause

25  or organization established primarily for the public good. It

26  is not a violation of this paragraph for:

27         1.  A candidate, political committee, or political

28  party executive committee to make gifts of money in lieu of

29  flowers in memory of a deceased person;

30         2.  A candidate to continue membership in, or make

31  regular donations from personal or business funds to,

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  religious, political party, civic, or charitable groups of

 2  which the candidate is a member or to which the candidate has

 3  been a regular donor for more than 6 months; or

 4         3.  A candidate to purchase, with campaign funds,

 5  tickets, admission to events, or advertisements from

 6  religious, civic, political party, or charitable groups.

 7         (7)(6)  A political party may not accept any

 8  contribution which has been specifically designated for the

 9  partial or exclusive use of a particular candidate. Any

10  contribution so designated must be returned to the contributor

11  and may not be used or expended by or on behalf of the

12  candidate.

13         (8)(7)(a)  Any person who knowingly and willfully makes

14  no more than one contribution in violation of subsection (1),

15  subsection (2), or subsection (6) (5), or any person who

16  knowingly and willfully fails or refuses to return any

17  contribution as required in subsection (4) (3), commits a

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

19  775.082 or s. 775.083. If any corporation, partnership, or

20  other business entity or any political party or, political

21  committee, or committee of continuous existence is convicted

22  of knowingly and willfully violating any provision punishable

23  under this paragraph, it shall be fined not less than $1,000

24  and not more than $10,000. If it is a domestic entity, it may

25  be ordered dissolved by a court of competent jurisdiction; if

26  it is a foreign or nonresident business entity, its right to

27  do business in this state may be forfeited. Any officer,

28  partner, agent, attorney, or other representative of a

29  corporation, partnership, or other business entity or of a

30  political party or, political committee, or committee of

31  continuous existence who aids, abets, advises, or participates

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  in a violation of any provision punishable under this

 2  paragraph commits a misdemeanor of the first degree,

 3  punishable as provided in s. 775.082 or s. 775.083.

 4         (b)  Any person who knowingly and willfully makes two

 5  or more contributions in violation of subsection (1),

 6  subsection (2), or subsection (6), or any combination thereof,

 7  (5) commits a felony of the third degree, punishable as

 8  provided in s. 775.082, s. 775.083, or s. 775.084. If any

 9  corporation, partnership, or other business entity or any

10  political party or, political committee, or committee of

11  continuous existence is convicted of knowingly and willfully

12  violating any provision punishable under this paragraph, it

13  shall be fined not less than $10,000 and not more than

14  $50,000. If it is a domestic entity, it may be ordered

15  dissolved by a court of competent jurisdiction; if it is a

16  foreign or nonresident business entity, its right to do

17  business in this state may be forfeited. Any officer, partner,

18  agent, attorney, or other representative of a corporation,

19  partnership, or other business entity, or of a political

20  committee, committee of continuous existence, or political

21  party who aids, abets, advises, or participates in a violation

22  of any provision punishable under this paragraph commits a

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

24  775.082, s. 775.083, or s. 775.084.

25         (9)(8)  Except when otherwise provided in subsection

26  (8) (7), any person who knowingly and willfully violates any

27  provision of this section shall, in addition to any other

28  penalty prescribed by this chapter, pay to the state a sum

29  equal to twice the amount contributed in violation of this

30  chapter. Each campaign treasurer shall pay all amounts

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  contributed in violation of this section to the state for

 2  deposit in the General Revenue Fund.

 3         (10)(9)  This section does not apply to the transfer of

 4  funds between a primary campaign depository and a savings

 5  account or certificate of deposit or to any interest earned on

 6  such account or certificate.

 7         Section 34.  Paragraph (c) of subsection (1) and

 8  subsection (3) of section 106.021, Florida Statutes, are

 9  amended to read:

10         106.021  Campaign treasurers; deputies; primary and

11  secondary depositories.--

12         (1)

13         (c)  Any campaign treasurer or deputy treasurer

14  appointed pursuant to this section shall be a registered voter

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

16  effective, have accepted appointment to such position in

17  writing and filed such acceptance with the officer before whom

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

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

20  individual may not be appointed and serve as campaign

21  treasurer of a candidate and a political committee or two or

22  more candidates and political committees. A candidate may

23  appoint herself or himself as campaign treasurer.

24         (3)  Except for independent expenditures, no

25  contribution or expenditure, including contributions or

26  expenditures of a candidate or of the candidate's family,

27  shall be directly or indirectly made or received in

28  furtherance of the candidacy of any person for nomination or

29  election to political office in the state or on behalf of any

30  political committee except through the duly appointed campaign

31  treasurer of the candidate or political committee; however, a

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  candidate or any other individual may be reimbursed for

 2  expenses incurred for travel, food and beverage, office

 3  supplies, and mementos expressing gratitude to campaign

 4  supporters by a check drawn upon the campaign account and

 5  reported pursuant to s. 106.07(4). In addition, expenditures

 6  may be made directly by any political committee or political

 7  party regulated by chapter 103 for obtaining time, space, or

 8  services in or by any communications medium for the purpose of

 9  jointly endorsing three or more candidates, and any such

10  expenditure shall not be considered a contribution or

11  expenditure to or on behalf of any such candidates for the

12  purposes of this chapter.

13         Section 35.  Subsection (2) of section 106.03, Florida

14  Statutes, is amended to read:

15         106.03  Registration of political committees.--

16         (2)  The statement of organization shall include:

17         (a)  The name and address of the committee;

18         (b)  The names, addresses, and relationships of

19  affiliated or connected organizations;

20         (c)  The area, scope, or jurisdiction of the committee;

21         (d)  The name, address, and position of the custodian

22  of books and accounts;

23         (e)  The name, address, and position of other principal

24  officers, including officers and members of the finance

25  committee, if any;

26         (f)  The name, address, office sought, and party

27  affiliation of:

28         1.  Each candidate whom the committee is supporting or

29  opposing;

30  

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         2.  Any other individual, if any, whom the committee is

 2  supporting or opposing for nomination for election, or

 3  election, to any public office whatever;

 4         (g)  Any issue or issues such organization is

 5  supporting or opposing;

 6         (h)  If the committee is supporting or opposing  the

 7  entire ticket of any party, a statement to that effect and the

 8  name of the party;

 9         (i)  A statement of whether the committee is a

10  continuing one;

11         (j)  Plans for the disposition of residual funds which

12  will be made in the event of dissolution;

13         (k)  A listing of all banks, safe-deposit boxes, or

14  other depositories used for committee funds; and

15         (l)  A statement of the reports required to be filed by

16  the committee with federal officials, if any, and the names,

17  addresses, and positions of such officials.

18         Section 36.  Section 106.04, Florida Statutes, is

19  repealed.

20         Section 37.  Paragraph (d) of subsection (2) of section

21  98.095, Florida Statutes, is amended to read:

22         98.095  County registers open to inspection; copies.--

23         (2)  The information provided by the supervisor

24  pursuant to this section shall be furnished only to:

25         (d)  Registered political committees, registered

26  committees of continuous existence, and political parties or

27  officials thereof, for political purposes only; and

28  

29  Such information shall not be used for commercial purposes. No

30  person to whom a list of registered voters is made available

31  pursuant to this section, and no person who acquires such a

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  list, shall use any information contained therein for purposes

 2  which are not related to elections, political or governmental

 3  activities, voter registration, or law enforcement.

 4         Section 38.  Paragraph (d) of subsection (2) of section

 5  98.0979, Florida Statutes, is amended to read:

 6         98.0979  Statewide voter registration database open to

 7  inspection; copies.--

 8         (2)  The information provided by the division or

 9  supervisor of elections pursuant to this section shall be

10  furnished only to:

11         (d)  Registered political committees, certified

12  committees of continuous existence, and political parties or

13  officials thereof, for political purposes only; and

14         Section 39.  Subsection (3) of section 101.62, Florida

15  Statutes, is amended to read:

16         101.62  Request for absentee ballots.--

17         (3)  For each request for an absentee ballot received,

18  the supervisor shall record the date the request was made, the

19  date the absentee ballot was delivered or mailed, the date the

20  ballot was received by the supervisor, and such other

21  information he or she may deem necessary. This information

22  shall be confidential and exempt from the provisions of s.

23  119.07(1) and shall be made available to or reproduced only

24  for a canvassing board, an election official, a political

25  party or official thereof, a candidate who has filed

26  qualification papers and is opposed in an upcoming election,

27  and registered political committees or registered committees

28  of continuous existence, for political purposes only.

29         Section 40.  Paragraph (c) of subsection (3) of section

30  102.031, Florida Statutes, is amended to read:

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         102.031  Maintenance of good order at polls;

 2  authorities; persons allowed in polling rooms; unlawful

 3  solicitation of voters.--

 4         (3)

 5         (c)  No person, political committee, committee of

 6  continuous existence, or other group or organization may

 7  solicit voters within 50 feet of the entrance to any polling

 8  place, or polling room where the polling place is also a

 9  polling room, on the day of any election.

10         1.  Solicitation shall not be restricted if:

11         a.  Conducted from a separately marked area within the

12  50-foot zone so as not to disturb, hinder, impede, obstruct,

13  or interfere with voter access to the polling place or polling

14  room entrance; and

15         b.  The solicitation activities and subject matter are

16  clearly and easily identifiable by the voters as an activity

17  in which they may voluntarily participate; or

18         c.  Conducted on property within the 50-foot zone which

19  is a residence, established business, private property,

20  sidewalk, park, or property traditionally utilized as a public

21  area for discussion.

22         2.  Solicitation shall not be permitted within the

23  50-foot zone on a public sidewalk or other similar means of

24  access to the polling room if it is clearly identifiable to

25  the poll workers that the solicitation is impeding,

26  obstructing, or interfering with voter access to the polling

27  room or polling place.

28         Section 41.  Section 106.011, Florida Statutes, is

29  amended to read:

30  

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         106.011  Definitions.--As used in this chapter, the

 2  following terms have the following meanings unless the context

 3  clearly indicates otherwise:

 4         (1)(a)  "Political committee" means:

 5         1.  A combination of two or more individuals, or a

 6  person other than an individual, that, in an aggregate amount

 7  in excess of $500 during a single calendar year:

 8         a.  Accepts contributions for the purpose of making

 9  contributions to any candidate, political committee, committee

10  of continuous existence, or political party;

11         b.  Accepts contributions for the purpose of expressly

12  advocating the election or defeat of a candidate or the

13  passage or defeat of an issue;

14         c.  Makes expenditures that expressly advocate the

15  election or defeat of a candidate or the passage or defeat of

16  an issue; or

17         d.  Makes contributions to a common fund, other than a

18  joint checking account between spouses, from which

19  contributions are made to any candidate, political committee,

20  committee of continuous existence, or political party.

21         2.  The sponsor of a proposed constitutional amendment

22  by initiative who intends to seek the signatures of registered

23  electors.

24         (b)  Notwithstanding paragraph (a), the following

25  entities are not considered political committees for purposes

26  of this chapter:

27         1.  Organizations which are certified by the Department

28  of State as committees of continuous existence pursuant to s.

29  106.04, National political parties, and the state and county

30  executive committees of political parties regulated by chapter

31  103.

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         2.  Corporations regulated by chapter 607 or chapter

 2  617 or other business entities formed for purposes other than

 3  to support or oppose issues or candidates, if their political

 4  activities are limited to contributions to candidates,

 5  political parties, or political committees or expenditures in

 6  support of or opposition to an issue from corporate or

 7  business funds and if no contributions are received by such

 8  corporations or business entities.

 9         (2)  "Committee of continuous existence" means any

10  group, organization, association, or other such entity which

11  is certified pursuant to the provisions of s. 106.04.

12         (2)(3)  "Contribution" means:

13         (a)  A gift, subscription, conveyance, deposit, loan,

14  payment, or distribution of money or anything of value,

15  including contributions in kind having an attributable

16  monetary value in any form, made for the purpose of

17  influencing the results of an election.

18         (b)  A transfer of funds between political committees ,

19  between committees of continuous existence, or between a

20  political committee and a committee of continuous existence.

21         (c)  The payment, by any person other than a candidate

22  or political committee, of compensation for the personal

23  services of another person which are rendered to a candidate

24  or political committee without charge to the candidate or

25  committee for such services.

26         (d)  The transfer of funds by a campaign treasurer or

27  deputy campaign treasurer between a primary depository and a

28  separate interest-bearing account or certificate of deposit,

29  and the term includes any interest earned on such account or

30  certificate.

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  Notwithstanding the foregoing meanings of "contribution," the

 2  word shall not be construed to include services, including,

 3  but not limited to, legal and accounting services, provided

 4  without compensation by individuals volunteering a portion or

 5  all of their time on behalf of a candidate or political

 6  committee. This definition shall not be construed to include

 7  editorial endorsements.

 8         (3)(4)  "Expenditure" means a purchase, payment,

 9  distribution, loan, advance, transfer of funds by a campaign

10  treasurer or deputy campaign treasurer between a primary

11  depository and a separate interest-bearing account or

12  certificate of deposit, or gift of money or anything of value

13  made for the purpose of influencing the results of an

14  election. However, "expenditure" does not include a purchase,

15  payment, distribution, loan, advance, or gift of money or

16  anything of value made for the purpose of influencing the

17  results of an election when made by an organization, in

18  existence prior to the time during which a candidate qualifies

19  or an issue is placed on the ballot for that election, for the

20  purpose of printing or distributing such organization's

21  newsletter, containing a statement by such organization in

22  support of or opposition to a candidate or issue, which

23  newsletter is distributed only to members of such

24  organization.

25         (4)(5)(a)  "Independent expenditure" means an

26  expenditure by a person for the purpose of advocating the

27  election or defeat of a candidate or the approval or rejection

28  of an issue, which expenditure is not controlled by,

29  coordinated with, or made upon consultation with, any

30  candidate, political committee, or agent of such candidate or

31  committee. An expenditure for such purpose by a person having

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1  a contract with the candidate, political committee, or agent

 2  of such candidate or committee in a given election period

 3  shall not be deemed an independent expenditure.

 4         (b)  An expenditure for the purpose of advocating the

 5  election or defeat of a candidate which is made by the

 6  national, state, or county executive committee of a political

 7  party, including any subordinate committee of a national,

 8  state, or county committee of a political party, or by any

 9  political committee or committee of continuous existence, or

10  any other person, shall not be considered an independent

11  expenditure if the committee or person:

12         1.  Communicates with the candidate, the candidate's

13  campaign, or an agent of the candidate acting on behalf of the

14  candidate, including any pollster, media consultant,

15  advertising agency, vendor, advisor, or staff member,

16  concerning the preparation of, use of, or payment for, the

17  specific expenditure or advertising campaign at issue; or

18         2.  Makes a payment in cooperation, consultation, or

19  concert with, at the request or suggestion of, or pursuant to

20  any general or particular understanding with the candidate,

21  the candidate's campaign, a political committee supporting the

22  candidate, or an agent of the candidate relating to the

23  specific expenditure or advertising campaign at issue; or

24         3.  Makes a payment for the dissemination,

25  distribution, or republication, in whole or in part, of any

26  broadcast or any written, graphic, or other form of campaign

27  material prepared by the candidate, the candidate's campaign,

28  or an agent of the candidate, including any pollster, media

29  consultant, advertising agency, vendor, advisor, or staff

30  member; or

31  

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    Florida Senate - 2004                                  SB 2936
    1-1514-04                                          See HB 1565




 1         4.  Makes a payment based on information about the

 2  candidate's plans, projects, or needs communicated to a member

 3  of the committee or person by the candidate or an agent of the

 4  candidate, provided the committee or person uses the

 5  information in any way, in whole or in part, either directly

 6  or indirectly, to design, prepare, or pay for the specific

 7  expenditure or advertising campaign at issue; or

 8         5.  After the last day of qualifying for statewide or

 9  legislative office, consults about the candidate's plans,

10  projects, or needs in connection with the candidate's pursuit

11  of election to office and the information is used in any way

12  to plan, create, design, or prepare an independent expenditure

13  or advertising campaign, with:

14         a.  Any officer, director, employee, or agent of a

15  national, state, or county executive committee of a political

16  party that has made or intends to make expenditures in

17  connection with or contributions to the candidate; or

18         b.  Any person whose professional services have been

19  retained by a national, state, or county executive committee

20  of a political party that has made or intends to make

21  expenditures in connection with or contributions to the

22  candidate; or

23         6.  After the last day of qualifying for statewide or

24  legislative office, retains the professional services of any

25  person also providing those services to the candidate in

26  connection with the candidate's pursuit of election to office;

27  or

28         7.  Arranges, coordinates, or directs the expenditure,

29  in any way, with the candidate or an agent of the candidate.

30         (5)(6)  "Election" means any primary election, special

31  primary election, general election, special election, or

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 1  municipal election held in this state for the purpose of

 2  nominating or electing candidates to public office, choosing

 3  delegates to the national nominating conventions of political

 4  parties, or submitting an issue to the electors for their

 5  approval or rejection.

 6         (6)(7)  "Issue" means any proposition which is required

 7  by the State Constitution, by law or resolution of the

 8  Legislature, or by the charter, ordinance, or resolution of

 9  any political subdivision of this state to be submitted to the

10  electors for their approval or rejection at an election, or

11  any proposition for which a petition is circulated in order to

12  have such proposition placed on the ballot at any election.

13         (7)(8)  "Person" means an individual or a corporation,

14  association, firm, partnership, joint venture, joint stock

15  company, club, organization, estate, trust, business trust,

16  syndicate, or other combination of individuals having

17  collective capacity. The term includes a political party or,

18  political committee, or committee of continuous existence.

19         (8)(9)  "Campaign treasurer" means an individual

20  appointed by a candidate or political committee as provided in

21  this chapter.

22         (9)(10)  "Public office" means any state, county,

23  municipal, or school or other district office or position

24  which is filled by vote of the electors.

25         (10)(11)  "Campaign fund raiser" means any affair held

26  to raise funds to be used in a campaign for public office.

27         (11)(12)  "Division" means the Division of Elections of

28  the Department of State.

29         (12)(13)  "Communications media" means broadcasting

30  stations, newspapers, magazines, outdoor advertising

31  facilities, printers, direct mailing companies, advertising

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    Florida Senate - 2004                                  SB 2936
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 1  agencies, and telephone companies; but with respect to

 2  telephones, an expenditure shall be deemed to be an

 3  expenditure for the use of communications media only if made

 4  for the costs of telephones, paid telephonists, or automatic

 5  telephone equipment to be used by a candidate or a political

 6  committee to communicate with potential voters but excluding

 7  any costs of telephones incurred by a volunteer for use of

 8  telephones by such volunteer.

 9         (13)(14)  "Filing officer" means the person before whom

10  a candidate qualifies or, the agency or officer with whom a

11  political committee registers, or the agency by whom a

12  committee of continuous existence is certified.

13         (14)(15)  "Unopposed candidate" means a candidate for

14  nomination or election to an office who, after the last day on

15  which any person, including a write-in candidate, may qualify,

16  is without opposition in the election at which the office is

17  to be filled or who is without such opposition after such date

18  as a result of any primary election or of withdrawal by other

19  candidates seeking the same office. A candidate is not an

20  unopposed candidate if there is a vacancy to be filled under

21  s. 100.111(4), if there is a legal proceeding pending

22  regarding the right to a ballot position for the office sought

23  by the candidate, or if the candidate is seeking retention as

24  a justice or judge.

25         (15)(16)  "Candidate" means any person to whom any one

26  or more of the following apply:

27         (a)  Any person who seeks to qualify for nomination or

28  election by means of the petitioning process.

29         (b)  Any person who seeks to qualify for election as a

30  write-in candidate.

31  

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    Florida Senate - 2004                                  SB 2936
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 1         (c)  Any person who receives contributions or makes

 2  expenditures, or consents for any other person to receive

 3  contributions or make expenditures, with a view to bring about

 4  his or her nomination or election to, or retention in, public

 5  office.

 6         (d)  Any person who appoints a treasurer and designates

 7  a primary depository.

 8         (e)  Any person who files qualification papers and

 9  subscribes to a candidate's oath as required by law.

10  

11  However, this definition does not include any candidate for a

12  political party executive committee.

13         (16)(a)(17)  "Political advertisement" means a paid

14  expression in any communications media prescribed in

15  subsection (12) (13), whether radio, television, newspaper,

16  magazine, periodical, campaign literature, direct mail, or

17  display or by means other than the spoken word in direct

18  conversation, which shall support or oppose any candidate,

19  elected public official, or issue. In addition, an

20  advertisement is presumed to be a political advertisement if

21  it is a paid expression in any communications media described

22  in subsection (12), whether radio, television, newspaper,

23  magazine, periodical, campaign literature, direct mail, or

24  display or by means other than the spoken word in direct

25  conversation, which substantially mentions or shows a clearly

26  identifiable candidate for election or reelection and is

27  distributed at any point during the period following the last

28  day of qualifying for that candidacy through the ensuing

29  general election and which, when examined by a reasonable

30  person, would be understood as a communication made for the

31  purpose of influencing the results of an election on that

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 1  candidacy during that period and for which aggregate

 2  expenditures on like advertisements exceed $1,000.

 3         (b)  However, "Political advertisement" does not

 4  include:

 5         1.(a)  A statement by an organization, in existence

 6  prior to the time during which a candidate qualifies or an

 7  issue is placed on the ballot for that election, in support of

 8  or opposition to a candidate or issue, in that organization's

 9  newsletter, which newsletter is distributed only to the

10  members of that organization.

11         2.(b)  Editorial endorsements by any newspaper, radio

12  or television station, or other recognized news medium.

13         3.  A paid expression in any communications media which

14  mentions or shows a clearly identifiable candidate for

15  election or reelection which:

16         a.  Advertises a business rather than the candidate, is

17  paid for out of funds of that business, and is similar to

18  other advertisements for that business which have mentioned or

19  shown the candidate and have been distributed regularly over a

20  period of at least 1 year before the qualifying period for

21  that candidacy; or

22         b.  Is distributed or broadcast only to areas other

23  than the geographical area of the electorate for that

24  candidacy.

25         Section 42.  Paragraph (d) of subsection (1), paragraph

26  (a) of subsection (4), and subsection (7) of section 106.07,

27  Florida Statutes, are amended to read:

28         106.07  Reports; certification and filing.--

29         (1)  Each campaign treasurer designated by a candidate

30  or political committee pursuant to s. 106.021 shall file

31  regular reports of all contributions received, and all

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 1  expenditures made, by or on behalf of such candidate or

 2  political committee. Reports shall be filed on the 10th day

 3  following the end of each calendar quarter from the time the

 4  campaign treasurer is appointed, except that, if the 10th day

 5  following the end of a calendar quarter occurs on a Saturday,

 6  Sunday, or legal holiday, the report shall be filed on the

 7  next following day which is not a Saturday, Sunday, or legal

 8  holiday. Quarterly reports shall include all contributions

 9  received and expenditures made during the calendar quarter

10  which have not otherwise been reported pursuant to this

11  section.

12         (d)1.  When a special election is called to fill a

13  vacancy in office, all political committees and committees of

14  continuous existence making contributions or expenditures to

15  influence the results of such special election shall file

16  campaign treasurers' reports with the filing officer on the

17  dates set by the Department of State pursuant to s. 100.111.

18         2.  When an election is called for an issue to appear

19  on the ballot at a time when no candidates are scheduled to

20  appear on the ballot, all political committees making

21  contributions or expenditures in support of or in opposition

22  to such issue shall file reports on the 18th and 4th days

23  prior to such election.

24         (4)(a)  Each report required by this section shall

25  contain:

26         1.  The full name, address, and occupation, if any of

27  each person who has made one or more contributions to or for

28  such committee or candidate within the reporting period,

29  together with the amount and date of such contributions. For

30  corporations, the report must provide as clear a description

31  as practicable of the principal type of business conducted by

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 1  the corporation. However, if the contribution is $100 or less

 2  or is from a relative, as defined in s. 112.312, provided that

 3  the relationship is reported, the occupation of the

 4  contributor or the principal type of business need not be

 5  listed.

 6         2.  The name and address of each political committee

 7  from which the reporting committee or the candidate received,

 8  or to which the reporting committee or candidate made, any

 9  transfer of funds, together with the amounts and dates of all

10  transfers.

11         3.  Each loan for campaign purposes to or from any

12  person or political committee within the reporting period,

13  together with the full names, addresses, and occupations, and

14  principal places of business, if any, of the lender and

15  endorsers, if any, and the date and amount of such loans.

16         4.  A statement of each contribution, rebate, refund,

17  or other receipt not otherwise listed under subparagraphs 1.

18  through 3.

19         5.  The total sums of all loans, in-kind contributions,

20  and other receipts by or for such committee or candidate

21  during the reporting period. The reporting forms shall be

22  designed to elicit separate totals for in-kind contributions,

23  loans, and other receipts.

24         6.  The full name and address of each person to whom

25  expenditures have been made by or on behalf of the committee

26  or candidate within the reporting period; the amount, date,

27  and purpose of each such expenditure; and the name and address

28  of, and office sought by, each candidate on whose behalf such

29  expenditure was made. However, expenditures made from the

30  petty cash fund provided by s. 106.12 need not be reported

31  individually.

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 1         7.  The full name and address of each person to whom an

 2  expenditure for personal services, salary, or reimbursement

 3  for authorized expenses as provided in s. 106.021(3) has been

 4  made and which is not otherwise reported, including the

 5  amount, date, and purpose of such expenditure. However,

 6  expenditures made from the petty cash fund provided for in s.

 7  106.12 need not be reported individually.

 8         8.  The total amount withdrawn and the total amount

 9  spent for petty cash purposes pursuant to this chapter during

10  the reporting period.

11         9.  The total sum of expenditures made by such

12  committee or candidate during the reporting period.

13         10.  The amount and nature of debts and obligations

14  owed by or to the committee or candidate, which relate to the

15  conduct of any political campaign.

16         11.  A copy of each credit card statement which shall

17  be included in the next report following receipt thereof by

18  the candidate or political committee. Receipts for each credit

19  card purchase shall be retained by the treasurer with the

20  records for the campaign account.

21         12.  The amount and nature of any separate

22  interest-bearing accounts or certificates of deposit and

23  identification of the financial institution in which such

24  accounts or certificates of deposit are located.

25         (7)  Notwithstanding any other provisions of this

26  chapter, in any reporting period during which a candidate or,

27  political committee, or committee of continuous existence has

28  not received funds, made any contributions, or expended any

29  reportable funds, the filing of the required report for that

30  period is waived. However, the next report filed must specify

31  that the report covers the entire period between the last

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 1  submitted report and the report being filed, and any candidate

 2  or, political committee, or committee of continuous existence

 3  not reporting by virtue of this subsection on dates prescribed

 4  elsewhere in this chapter shall notify the filing officer in

 5  writing on the prescribed reporting date that no report is

 6  being filed on that date.

 7         Section 43.  Subsections (1), (2), and (3) of section

 8  106.082, Florida Statutes, are amended to read:

 9         106.082  Commissioner of Agriculture candidates;

10  campaign contribution limits.--

11         (1)  No director, officer, or lobbyist of a business

12  which is inspected, licensed, or otherwise authorized to do

13  business as a food outlet or convenience store pursuant to

14  chapter 500; or any director, officer, lobbyist, or

15  controlling interest of that business; and no political

16  committee or committee of continuous existence representing

17  the interests of such business shall make or solicit a

18  contribution in excess of $100, for any election, to or on

19  behalf of any candidate for the office of Commissioner of

20  Agriculture. The provisions of this subsection shall not

21  prevent any candidate for the office of Commissioner of

22  Agriculture or members of that candidate's immediate family

23  from contributing to that candidate's campaign as otherwise

24  permitted by law.

25         (2)  No candidate for the office of Commissioner of

26  Agriculture may solicit or accept a campaign contribution in

27  excess of $100 from any director, officer, or lobbyist of a

28  business which or person who is licensed or inspected or

29  otherwise authorized to do business as a food outlet or

30  convenience store pursuant to chapter 500 ; or any director,

31  officer, lobbyist, or controlling interest of that person or

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 1  business; or any political committee or committee of

 2  continuous existence that represents that person.

 3         (3)  No employee of the Department of Agriculture may

 4  solicit a campaign contribution for any candidate for the

 5  office of Commissioner of Agriculture from any director,

 6  officer, or lobbyist of a person or business which who is

 7  licensed, inspected, or otherwise authorized to do business as

 8  a food outlet or convenience store pursuant to chapter 500; or

 9  any director, officer, lobbyist, or controlling interest of

10  that person; or any political committee or committee of

11  continuous existence that represents that person. For purposes

12  of this section, "employee of the department" means any person

13  employed in the Department of Agriculture holding a position

14  in the Senior Management Service as defined in s. 110.402; any

15  person holding a position in the Selected Exempt Service as

16  defined in s. 110.602; any person having authority over food

17  outlet or convenience store regulation, or inspection

18  supervision; or any person, hired on a contractual basis,

19  having the power normally conferred upon such person, by

20  whatever title.

21         Section 44.  Paragraph (a) of subsection (1) and

22  subsection (2) of section 106.087, Florida Statutes, are

23  amended to read:

24         106.087  Independent expenditures; contribution limits;

25  restrictions on political parties and, political committees,

26  and committees of continuous existence.--

27         (1)(a)  As a condition of receiving a rebate of filing

28  fees and party assessment funds pursuant to s. 99.061(2), s.

29  99.092(1), s. 99.103, or s. 103.121(1)(b), the chair or

30  treasurer of a state or county executive committee shall take

31  and subscribe to an oath or affirmation in writing. During the

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 1  qualifying period for state candidates and prior to

 2  distribution of such funds, a printed copy of the oath or

 3  affirmation shall be filed with the Secretary of State and

 4  shall be substantially in the following form:

 5  

 6  State of Florida

 7  County of....

 8         Before me, an officer authorized to administer oaths,

 9  personally appeared ...(name)..., to me well known, who, being

10  sworn, says that he or she is the ...(title)... of the

11  ...(name of party)... ...(state or specified county)...

12  executive committee; that the executive committee has not

13  made, either directly or indirectly, an independent

14  expenditure in support of or opposition to a candidate or

15  elected public official in the prior 6 months; that the

16  executive committee will not make, either directly or

17  indirectly, an independent expenditure in support of or

18  opposition to a candidate or elected public official, through

19  and including the upcoming general election; and that the

20  executive committee will not violate the contribution limits

21  applicable to candidates under s. 106.08(3)(2), Florida

22  Statutes.

23                          ...(Signature of committee officer)...

24                                                 ...(Address)...

25  

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

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

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

29  

30         (2)(a)  Any political committee or committee of

31  continuous existence that accepts the use of public funds,

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 1  equipment, personnel, or other resources to collect dues from

 2  its members agrees not to make independent expenditures in

 3  support of or opposition to a candidate or elected public

 4  official. However, expenditures may be made for the sole

 5  purpose of jointly endorsing three or more candidates.

 6         (b)  Any political committee or committee of continuous

 7  existence that violates this subsection is liable for a civil

 8  fine of up to $5,000 to be determined by the Florida Elections

 9  Commission or the entire amount of the expenditures, whichever

10  is greater.

11         Section 45.  Subsection (3) of section 106.12, Florida

12  Statutes, is amended to read:

13         106.12  Petty cash funds allowed.--

14         (3)  The petty cash fund so provided shall be spent

15  only in amounts less than $100 and only for office supplies,

16  transportation expenses, and other necessities. Petty cash

17  shall not be used for the purchase of time, space, or services

18  from communications media as defined in s. 106.011(12)(13).

19         Section 46.  Paragraph (b) of subsection (3) of section

20  106.147, Florida Statutes, is amended to read:

21         106.147  Telephone solicitation; disclosure

22  requirements; prohibitions; exemptions; penalties.--

23         (3)

24         (b)  For purposes of paragraph (a), the term "person"

25  includes any candidate; any officer of any political

26  committee, committee of continuous existence, or political

27  party executive committee; any officer, partner, attorney, or

28  other representative of a corporation, partnership, or other

29  business entity; and any agent or other person acting on

30  behalf of any candidate, political committee, committee of

31  

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 1  continuous existence, political party executive committee, or

 2  corporation, partnership, or other business entity.

 3         Section 47.  Section 106.148, Florida Statutes, is

 4  amended to read:

 5         106.148  Disclosure of on-line computer

 6  solicitation.--A message placed on an information system

 7  accessible by computer by a candidate, political party, or

 8  political committee, or committee of continuous existence, or

 9  an agent of any such candidate, party, or committee, which

10  message is accessible by more than one person, other than an

11  internal communication of the party, committee, or campaign,

12  must include a statement disclosing all information required

13  of political advertisements under s. 106.143.

14         Section 48.  Subsection (2) of section 106.23, Florida

15  Statutes, is amended to read:

16         106.23  Powers of the Division of Elections.--

17         (2)  The Division of Elections shall provide advisory

18  opinions when requested by any supervisor of elections,

19  candidate, local officer having election-related duties,

20  political party, political committee, committee of continuous

21  existence, or other person or organization engaged in

22  political activity, relating to any provisions or possible

23  violations of Florida election laws with respect to actions

24  such supervisor, candidate, local officer having

25  election-related duties, political party, committee, person,

26  or organization has taken or proposes to take. Requests for

27  advisory opinions must be submitted in accordance with rules

28  adopted by the Department of State. A written record of all

29  such opinions issued by the division, sequentially numbered,

30  dated, and indexed by subject matter, shall be retained. A

31  copy shall be sent to said person or organization upon

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 1  request. Any such person or organization, acting in good faith

 2  upon such an advisory opinion, shall not be subject to any

 3  criminal penalty provided for in this chapter. The opinion,

 4  until amended or revoked, shall be binding on any person or

 5  organization who sought the opinion or with reference to whom

 6  the opinion was sought, unless material facts were omitted or

 7  misstated in the request for the advisory opinion.

 8         Section 49.  Subsections (1) and (2) of section

 9  106.265, Florida Statutes, are amended to read:

10         106.265  Civil penalties.--

11         (1)  The commission is authorized upon the finding of a

12  violation of this chapter or chapter 104 to impose civil

13  penalties in the form of fines not to exceed $1,000 per count.

14  In determining the amount of such civil penalties, the

15  commission shall consider, among other mitigating and

16  aggravating circumstances:

17         (a)  The gravity of the act or omission;

18         (b)  Any previous history of similar acts or omissions;

19         (c)  The appropriateness of such penalty to the

20  financial resources of the person, political committee,

21  committee of continuous existence, or political party; and

22         (d)  Whether the person, political committee, committee

23  of continuous existence, or political party has shown good

24  faith in attempting to comply with the provisions of this

25  chapter or chapter 104.

26         (2)  If any person, political committee, committee of

27  continuous existence, or political party fails or refuses to

28  pay to the commission any civil penalties assessed pursuant to

29  the provisions of this section, the commission shall be

30  responsible for collecting the civil penalties resulting from

31  such action.

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 1         Section 50.  Subsection (2) of section 106.27, Florida

 2  Statutes, is amended to read:

 3         106.27  Determinations by commission; legal

 4  disposition.--

 5         (2)  Civil actions may be brought by the commission for

 6  relief, including permanent or temporary injunctions,

 7  restraining orders, or any other appropriate order for the

 8  imposition of civil penalties provided by this chapter. Such

 9  civil actions shall be brought by the commission in the

10  appropriate court of competent jurisdiction, and the venue

11  shall be in the county in which the alleged violation occurred

12  or in which the alleged violator or violators are found,

13  reside, or transact business. Upon a proper showing that such

14  person, political committee, committee of continuous

15  existence, or political party has engaged, or is about to

16  engage, in prohibited acts or practices, a permanent or

17  temporary injunction, restraining order, or other order shall

18  be granted without bond by such court, and the civil fines

19  provided by this chapter may be imposed.

20         Section 51.  Subsection (6) of section 106.29, Florida

21  Statutes, is amended to read:

22         106.29  Reports by political parties; restrictions on

23  contributions and expenditures; penalties.--

24         (6)(a)  The national, state, and county executive

25  committees of a political party may not contribute to any

26  candidate any amount in excess of the limits contained in s.

27  106.08(3)(2), and all contributions required to be reported

28  under s. 106.08(2) by the national executive committee of a

29  political party shall be reported by the state executive

30  committee of that political party.

31  

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 1         (b)  A violation of the contribution limits contained

 2  in s. 106.08(3)(2) is a misdemeanor of the first degree,

 3  punishable as provided in s. 775.082 or s. 775.083. A civil

 4  penalty equal to three times the amount in excess of the

 5  limits contained in s. 106.08(3)(2) shall be assessed against

 6  any executive committee found in violation thereof.

 7         Section 52.  Section 106.33, Florida Statutes, is

 8  amended to read:

 9         106.33  Election campaign financing; eligibility.--Each

10  candidate for the office of Governor or member of the Cabinet

11  who desires to receive contributions from the Election

12  Campaign Financing Trust Fund shall, upon qualifying for

13  office, file a request for such contributions with the filing

14  officer on forms provided by the Division of Elections. If a

15  candidate requesting contributions from the fund desires to

16  have such funds distributed by electronic fund transfers, the

17  request shall include information necessary to implement that

18  procedure. For the purposes of ss. 106.30-106.36, candidates

19  for Governor and Lieutenant Governor on the same ticket shall

20  be considered as a single candidate. To be eligible to receive

21  contributions from the fund, a candidate may not be an

22  unopposed candidate as defined in s. 106.011(14)(15) and must:

23         (1)  Agree to abide by the expenditure limits provided

24  in s. 106.34.

25         (2)(a)  Raise contributions as follows:

26         1.  One hundred fifty thousand dollars for a candidate

27  for Governor.

28         2.  One hundred thousand dollars for a candidate for

29  Cabinet office.

30         (b)  Contributions from individuals who at the time of

31  contributing are not state residents may not be used to meet

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 1  the threshold amounts in paragraph (a). For purposes of this

 2  paragraph, any person validly registered to vote in this state

 3  shall be considered a state resident.

 4         (3)  Limit loans or contributions from the candidate's

 5  personal funds to $25,000 and contributions from national,

 6  state, and county executive committees of a political party to

 7  $25,000 in the aggregate, which loans or contributions shall

 8  not qualify for meeting the threshold amounts in subsection

 9  (2).

10         (4)  Submit to a postelection audit of the campaign

11  account by the division.

12         Section 53.  Section 111.075, Florida Statutes, is

13  amended to read:

14         111.075  Elected officials; prohibition concerning

15  political certain committees.--Elected officials are

16  prohibited from being employed by, or acting as a consultant

17  for compensation to, a political committee or committee of

18  continuous existence.

19         Section 54.  Subsections (3) and (4) and paragraph (a)

20  of subsection (5) of section 112.3148, Florida Statutes, are

21  amended to read:

22         112.3148  Reporting and prohibited receipt of gifts by

23  individuals filing full or limited public disclosure of

24  financial interests and by procurement employees.--

25         (3)  A reporting individual or procurement employee is

26  prohibited from soliciting any gift from a political committee

27  or committee of continuous existence, as defined in s.

28  106.011, or from a lobbyist who lobbies the reporting

29  individual's or procurement employee's agency, or the partner,

30  firm, employer, or principal of such lobbyist, where such gift

31  is for the personal benefit of the reporting individual or

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 1  procurement employee, another reporting individual or

 2  procurement employee, or any member of the immediate family of

 3  a reporting individual or procurement employee.

 4         (4)  A reporting individual or procurement employee or

 5  any other person on his or her behalf is prohibited from

 6  knowingly accepting, directly or indirectly, a gift from a

 7  political committee or committee of continuous existence, as

 8  defined in s. 106.011, or from a lobbyist who lobbies the

 9  reporting individual's or procurement employee's agency, or

10  directly or indirectly on behalf of the partner, firm,

11  employer, or principal of a lobbyist, if he or she knows or

12  reasonably believes that the gift has a value in excess of

13  $100; however, such a gift may be accepted by such person on

14  behalf of a governmental entity or a charitable organization.

15  If the gift is accepted on behalf of a governmental entity or

16  charitable organization, the person receiving the gift shall

17  not maintain custody of the gift for any period of time beyond

18  that reasonably necessary to arrange for the transfer of

19  custody and ownership of the gift.

20         (5)(a)  A political committee or a committee of

21  continuous existence, as defined in s. 106.011; a lobbyist who

22  lobbies a reporting individual's or procurement employee's

23  agency; the partner, firm, employer, or principal of a

24  lobbyist; or another on behalf of the lobbyist or partner,

25  firm, principal, or employer of the lobbyist is prohibited

26  from giving, either directly or indirectly, a gift that has a

27  value in excess of $100 to the reporting individual or

28  procurement employee or any other person on his or her behalf;

29  however, such person may give a gift having a value in excess

30  of $100 to a reporting individual or procurement employee if

31  

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 1  the gift is intended to be transferred to a governmental

 2  entity or a charitable organization.

 3         Section 55.  Subsections (3) and (4) of section

 4  112.3149, Florida Statutes, are amended to read:

 5         112.3149  Solicitation and disclosure of honoraria.--

 6         (3)  A reporting individual or procurement employee is

 7  prohibited from knowingly accepting an honorarium from a

 8  political committee or committee of continuous existence, as

 9  defined in s. 106.011, from a lobbyist who lobbies the

10  reporting individual's or procurement employee's agency, or

11  from the employer, principal, partner, or firm of such a

12  lobbyist.

13         (4)  A political committee or committee of continuous

14  existence, as defined in s. 106.011, a lobbyist who lobbies a

15  reporting individual's or procurement employee's agency, or

16  the employer, principal, partner, or firm of such a lobbyist

17  is prohibited from giving an honorarium to a reporting

18  individual or procurement employee.

19         Section 56.  Subsection (4) of section 1004.28, Florida

20  Statutes, is amended to read:

21         1004.28  Direct-support organizations; use of property;

22  board of directors; activities; audit; facilities.--

23         (4)  ACTIVITIES; RESTRICTION.--A university

24  direct-support organization is prohibited from giving, either

25  directly or indirectly, any gift to a political committee or

26  committee of continuous existence as defined in s. 106.011 for

27  any purpose other than those certified by a majority roll call

28  vote of the governing board of the direct-support organization

29  at a regularly scheduled meeting as being directly related to

30  the educational mission of the university.

31  

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 1         Section 57.  Paragraph (d) of subsection (4) of section

 2  1004.70, Florida Statutes, is amended to read:

 3         1004.70  Community college direct-support

 4  organizations.--

 5         (4)  ACTIVITIES; RESTRICTIONS.--

 6         (d)  A community college direct-support organization is

 7  prohibited from giving, either directly or indirectly, any

 8  gift to a political committee or committee of continuous

 9  existence as defined in s. 106.011 for any purpose other than

10  those certified by a majority roll call vote of the governing

11  board of the direct-support organization at a regularly

12  scheduled meeting as being directly related to the educational

13  mission of the community college.

14         Section 58.  Paragraph (c) of subsection (4) of section

15  1004.71, Florida Statutes, is amended to read:

16         1004.71  Statewide community college direct-support

17  organizations.--

18         (4)  RESTRICTIONS.--

19         (c)  A statewide community college direct-support

20  organization is prohibited from giving, either directly or

21  indirectly, any gift to a political committee or committee of

22  continuous existence as defined in s. 106.011 for any purpose

23  other than those certified by a majority roll call vote of the

24  governing board of the direct-support organization at a

25  regularly scheduled meeting as being directly related to the

26  educational mission of the State Board of Education.

27         Section 59.  Subsection (3) of section 106.32, Florida

28  Statutes, is repealed.

29         Section 60.  This act shall take effect January 1,

30  2005.

31  

                                  65

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

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